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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - October 20, 2020

BE IT REMEMBERED, that on this 20th day of October A.D., 2020, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
 
HONORABLE RICHARD F. CORTEZ

HONORABLE DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE JOE M. FLORES

HONORABLE ELLIE TORRES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
October 20, 2020
10:00 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners Court will be held in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted: 

In accordance with section 418.016 of the Texas Government Code, Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location.  As a result, all or some government officials may participate via video conference.  Additionally, members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive

To participate in public comment, please call: (956) 292-7630 and you will be given further instruction and be provided with a toll free number at that time.

 
1.
 
Roll Call (Audio Reference 11m:54s)

Judge Cortez called the meeting to order at 10:00 A.M.

All members of the court were present during the roll call, with the exception of Commissioner Flores, who joined the meeting at a later time.
 
2.
 
Pledge of Allegiance (Audio Reference 12m:12s)

Judge Cortez led in the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 12m:29s)

Commissioner Torres offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 13m:35s)

Valde Guerra requested that Consent Agenda items 6.A.1 & 6.A.2 be pulled for further discussion.

The court moved to approve the remainder of the Consent Agenda, excluding Consent Agenda items 6.A.1 & 6.A.2.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, action was taken by JUDGE RICHARD CORTEZ, the Court made a UNANIMOUS vote of approval to approve the Consent Agenda, excluding Consent Agenda items 6.A.1 & 6.A.2.

Vote: 4- 0 – Unanimously

The court proceeded to Consent Agenda item 6.A for further discussion. (Audio Reference 14m:25s)
 
5.
 
Open Forum (Audio Reference 15m:10s)

Open Forum Participant, Fern McClaugherty, came before the court and expressed her concerns on how the county is being operated under the courts' administration during the COVID-19 virus pandemic, as well as for agenda item 15.C.

No action was taken on item 5 - Open Forum.

The court proceeded to item 8.A. (Audio Reference 20m:14s)
 
6.
 
District Attorney's Office:
 
A.
AI-77846
DA-Forensic Evidence Testing Grant (FET) (1281): (Audio Reference 36m:11s)
Requesting approval to submit a Programmatic Adjustment to the Office of the Governor (OOG) for the Forensic Evidence Testing Grant #3932801.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.A.

Vote: 5 - 0 - Unanimously 
 
7.
 
Sheriff's Office:
 
A.
AI-77879
Sheriff's Office-JLEO-DEA OCDETF (1284):
1. Approval to accept the FY 2020 U.S. Department of Justice Organized Crime Drug Enforcement Task Forces (OCDETF) overtime agreement in the amount of $5,000.00 (in reference to Investigation Number SW-TXS-1193).
2. Authorization to pay overtime reimbursable under the grant terms and conditions.
3. Approval of certification of revenues, as certified by the County Auditor, for the FY 2020 OCDETF overtime agreement in the amount of $5,000.00 and appropriation of same. (Audio Reference 37m:00s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 7.A.1,2, & 3.

Vote: 5 - 0 - Unanimously 

The court proceeded to item 9.A. (Audio Reference 38m:11s)
Attachments:
 
8.
 
Human Resources:
 
A.
 
Requesting waiver of the following, if applicable, for personnel items listed:
1. Civil Service Commission Rules - Section 3.22
2. Hidalgo County Personnel Policy Manual - Section 6.27
3. Budget Amendment Policy - Personnel Related Amendments (Audio Reference 20m:14s)

Raul Silguero stated that no action was needed for item 8.A.
 
B.
AI-77845
Tax Office (1100): (Audio Reference 20m:40s)
Approval of the following personnel actions, effective next full pay period 10/26/2020 and for 2021:
Action Dept./ Prg. Slot # Position Title Grade
Delete 140-001 0208 Auto Theft Fraud Unit Monitor I 10
Create 140-001 0240 Administrative Assistant IV 10

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 8.B. 

Vote: 4 - 0 – Unanimously

The court proceeded to item 13.A. (Audio Reference 21m:43s)
Attachments:
 
9.
 
Urban County:
 
A.
AI-77839
 "Subject to compliance with HB 1295, when and if applicable" (Pending Final Legal Review). The Urban County Program is requesting the award of bids and the approval of contracts with R G Enterprises, LLC, dba G & G Contractors & A-One Insulation for the demolition and reconstruction of the following:
 
1.   (2) Units in the Countywide area and (1) unit in the City of Edcouch in the total contract amount of $224,700.00 to R G Enterprises, LLC, dba G & G Contractors
 
2.   (1) Unit in the City of Donna and (1) unit in the City of Alamo in the total contract amount of $149,000.00 to A-One Insulation. (Audio Reference 38m:11s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 9.A.1 & 2.
                                                        
 Vote: 5 - 0 – Unanimously
 
10.
 
Health & Human Services Department:
 
A.
AI-77851
Requesting approval of the Interlocal Cooperation Agreement between the City of Mercedes and County of Hidalgo, Texas.  The purpose of the agreement is for Hidalgo County Health & Human Services Department to provide inspection and permitting of OSSF disposal systems within City of Mercedes jurisdicition as further described within the Interlocal Cooperation Agreement attached herein. (Audio Reference 39m:21s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 10.A.

Vote: 5 - 0 -Unanimously 
 
B.
AI-77873
Discussion, consideration and approval to secure services through Curative Inc. for free COVID-19 oral swab testing within Hidalgo County. (Audio Reference 40m:17s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 10.B.
                                               
 Vote: 5 - 0 – Unanimously
 
C.
AI-77853
Requesting approval to submit revalidation applications for the Texas Medicaid and Healthcare Partnership for the purpose of billing healthcare services covered by Texas Medicaid and requesting authorization for Eduardo Olivarez, Chief Administrative Officer, to sign the application documents. (Audio Reference 44m:17s)  

Commissioner Fuentes abstained from any discussion and/or action on item 10.C.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 10.C.

Vote: 4 - 0 – Unanimously
Attachments:
 
11.
 
Elections Administration:
 
A.
AI-77850
1. Discussion on Election Updates (Audio Reference 45m:43s)

Yvonne Ramon, with the Department of Elections presented an update to the court. In which Mrs. Ramon reported 87,303 voters have participated in a span of 7 days. She further reported 11,470 mail-in ballots have been received. 

No action was taken on item 11.A.1.

2. Approval of the November 2020 General Election Service Contracts between Hidalgo County and the following entities for their elections to be held on November 3, 2020. (Audio Reference 50m:25s)
a. City of Weslaco
b. Donna Independent School District
c. Edinburg Consolidated Independent School District
d. Hidalgo Independent School District
e. Mission Consolidated Independent School District
f.  Monte Alto Independent School District
g. Weslaco Independent School District

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 11.A.2.A through G.

Vote: 5 - 0 - Unanimously 
 
12.
 
Head Start Program:
 
A.
AI-77825
Discussion/Approval of One Community Representative by Each Member of the Commissioners’ Court to Serve on the Hidalgo County Head Start Program Policy Council, for a One Year Term According to 45CFR (1301.3(d)(3)) (Audio Reference 51m:07s)

Judge Cortez reappointed - Roxanna Flores
Commissioner Fuentes reappointed - Humberto Chavez
Commissioner Cantu reappointed  - Hilda Garza Deshazo until further notice.
Commissioner Flores reappointed - Mona Parras
Commissioner Torres reappointed - Celine Pardo 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval of reappointed representatives for item 12.A.
                                                        
Vote: 5 - 0 – Unanimously

The court proceeded to item 13.C. (Audio Reference 54m:29s)
 
13.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-77893
Proclamation declaring October as Dwarfism Awareness Month. (Audio Reference 21m:43s)

Commissioner Cantu read the Proclamation declaring October as Dwarfism Awareness Month.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 13.A.

Vote: 4 - 0 -Unanimously 

The court proceeded to item 13.B.
 
B.
AI-77901
Proclamation declaring October as Disability Employment Awareness Month. (Audio Reference 24m:42s)

Commissioner Julian Alvarez, read the Proclamation declaring October as Disability Employment Awareness Month, as well as a letter from Governor Abbot's Office advocating for Disability Employment Awareness. 

Commissioner Flores joined the meeting.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 13.B.

Vote: 5 - 0 -Unanimously 

Commissioner Torres introduce and congratulated Dina Rodriguez as the winner of TWC Art Contest. (Audio Reference 32m:56s)

The court proceeded to item 6.A (Audio Reference 36m:11s)
 
C.
AI-77898
Requesting approval of a Worksite Agreement between Hidalgo County and Texas Workforce Solutions to allow Jose Ibarra Murillo to work part time at Hidalgo County Precinct 2 for 12 weeks as part of the Texas Workforce Commission Vocational Rehabilitation Services Program. (Audio Reference 54m:33s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 13.C.

Vote: 5 - 0 - Unanimously 
 
14.
 
Precinct #3 - Comm. Flores:
 
A.
AI-77840
1.  Acceptance and approval of an Interlocal Cooperation Agreement between Hidalgo County and the City of Alton to assist one another in overlaying road sections described in Exhibit "A": N. Inspiration Road (500 LF), Mile 6 Road (5300 LF), N. Trosper Blvd. (5280 LF), and South Stewart Blvd. (460 LF).  
2.  In accordance with Texas Government Code 791.014, Hidalgo County, acting by and through the Hidalgo County Commissioners Court, has been advised of a proposed project. County and City desire to assist each other in projects to be defined by mutual agreement through an Interlocal Cooperation Agreement (ICA) agreeing to assist each other with equipment, materials, and manpower. (Audio Reference 55m:15s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on 14.A.1 & 2, subject to legal review.

Vote: 5 - 0 - Unanimously
 
B.
AI-77827
Requesting approval to accept the counteroffers to purchase a tract of land known as Parcels 13 and 38 associated with Liberty Road PH II Project from Mile 3 to FM 2221 (ROW CSJ:0865-01-111) with authority for the County Judge to sign the Administrative Evaluation and Approval Forms. (Audio Reference 56m:56s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on 14.B.

Vote: 5 - 0 - Unanimously
 
15.
 
Budget & Management:
 
A.
AI-77821
Status update on Hidalgo County Wellness Program (Audio Reference 57m:30s)

Diana Hualpa, with the Wellness Program presented to the court a status update, which consisted of Diabetes Management Plus Program - Livongo Utilization Report, Vera Whole Health Utilization Report, Teladoc Health Utilization Report , Wellness Website, and Upcoming Wellness Events.

No action was taken on item 15.A.
 
B.
AI-77841
CARES Act Relief Funds (1287): (Audio Reference 1h:05m 03s)
Discussion, consideration, and action to approve the ratification of necessary CARES Act Relief Fund expenditures, as listed on Exhibit A, to cover costs not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation in connection with the ongoing COVID-19 public health emergency; the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use.

Sergio Cruz stated the amount of $321,842.37 listed on Exhibit A. 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 15.B.

Vote: 5 - 0 -Unanimously
 
C.
AI-77844
New Courthouse (1100): (Audio Reference 1h:05m 45s)
Approval of change in assignment/designation of funds in 2020 from the Pct 1 Sunset Operations Facility (121-237) in the amount of $1,200,000 to the New Courthouse (program 125-035) and interdepartmental transfer of the same.

Serigo Cruz, with the Office of Budget and Management, gave a brief explanation in regards to agenda item 15.C. The court simply stated that the funds were borrowed to complete the project, and are now being reimbursed.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 15.C.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
D.
AI-77847
TxDOT Pct. 4 N Alamo Rd (1315): (Audio Reference 1h:07m 49s)
Approval of 2020 interfund transfer from CO2016 into Pct.4 TxDOT project N Alamo Rd in the amount of $13,772.27 for project expenditures.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 15.D.

Vote: 5 - 0 – Unanimously
Attachments:
 
E.
AI-77891
Criminal DA(1100) / DA CCP59 (1223): (Audio Reference 1h:08m 11s)
Approval of salary schedule changes in accordance with the Hidalgo County Classification and Compensation Pay Plan effective 10/19/2020 and for 2021:
FROM TO
Action Dept/Prg Slot Position Title G/S Budgeted Salary G/S Proposed Salary
Step Adjustment 080-002 0103 Legal Assistant I 06/01 $29,807.00 06/04 $33,048.00
080-007
(Delete)
0147

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 15.E. 

Vote: 5 - 0 -Unanimously
Attachments:
 
F.
 
Budget Appropriations:
 
1.
AI-77842
Approval of 2020 estimated revenues and appropriation/interfund transfer in the amount of $33,570,471.70 for bond proceeds, bond premium, and issuance costs received for Certificate of Obligation, Series 2020. (Audio Reference 1h:08m 38s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 15.F.1.

Vote: 5 - 0 - Unanimously
Attachments:
 
16.
 
Purchasing Department - Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FORWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.
B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
 
A.
 
Hidalgo County
 
1.
AI-77882
A. "Discussion, consideration and action to approve a necessary CARES Act Relief Fund expenditure to cover cost not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation, for the "COVID-19 Media/Strategy Campaign through various media platforms', in order to assist with County actions to facilitate compliance with public health measures  and with provisions of economic support  in connection with addressing the ongoing COVID-19 emergency; the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is necessary for the intended use; (Audio Reference 1h:09m 10s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 16.A.1.A.

Vote: 5 - 0 - Unanimously 

B. Requesting exemption from competitive bidding requirement under Texas Local Government Code 262.024 (a)(1): an item that must be purchased in case of a public calamity; (2) an item necessary to preserve the protect the public health and safety of the citizens of the county; (Audio Reference 1h:10m 59s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 16.A.1.B.

Vote: 5 - 0 -Unanimously 

C.  Requesting authority to enter into a contracts with Telemundo and Univision [with effective date of 10/12/2020-12/31/2020] for advertisement services with authority for county judge or assignee to execute required documents subject to compliance with Forms1295 and SAM.gov. (Audio Reference 1h:11m 23s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 16.A.1.C.

Vote: 5 - 0 – Unanimously
 
2.
AI-77889
A.  "Discussion, consideration, and action to approve a necessary CARES Act Relief Fund expenditure to cover cost not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation, for the purchase of  Roll Off & Grapple Trucks in order to assist with County Precinct Functions related to public health measures addressing the ongoing COVID-19 public health emergency; the Court having reviewed the Agenda Item Briefing, attached herein, finds that such expenditure is reasonable and necessary for the intended use"; (Audio Reference 1h:11m 50s)

Commissioner Fuentes stepped away from the meeting.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item  16.A.2.A.

Vote: 4 - 0 – Unanimously

B. Requesting exemption from competitive bidding requirements, pursuant to Texas LGC 262.024(a)(1): an item that must be purchased in case of a public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens; (2) an item necessary to preserve and protect the public health and safety of the citizens; (Audio Reference 1h:12m 37s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 16.A.2.B.

Vote: 4 - 0 -Unanimously 

C   Authority to proceed with the procurement of Roll Off and Grapple Trucks, Canisters/Containers and other related accessories or related items/attachments/components as requested by each HC Precinct. (Audio Reference 1h:12m 59s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.A.2.C.

Vote: 4 - 0 – Unanimously
 
3.
AI-77803
A.  Request approval to declare as "Surplus" the items listed in Exhibit "A" [court awarded vehicles and fleet] for the purpose of sale through webcast online auction scheduled for 11-21-2020 in accordance with Texas Local Government Code 263.152(a)(1);   AND, in the event "NO BIDS" received; (Audio Reference 1h:13m 35s) 

Commissioner Fuentes rejoined the meeting.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.A.3.A.

Vote: 5 - 0 – Unanimously

B.  Pursuant to Texas Local Government Code, 263.151(1) and/or 263.152(a)(3), Commissioners Court proceed to:'...order any of the property to be destroyed or otherwise disposed of as worthless in as much as the sale of said items CC undertook to sell (under Subsection (1) at auction on 11-21-2020 resulted in no bids were received; (Audio Reference 1h:14m 07s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 16.A.3.B.

Vote: 5 - 0 - Unanimously 

C. Request authorization to publish advertisement for the auction of surplus items scheduled for 11-21-2020. (Audio Reference 1h:14m 50s) 

Martha Salazar, with the Purchasing Department, confirmed that all observations for agenda item 16.A.3.C. have been addressed.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 16.A.3.C.

Vote: 5 - 0 - Unanimously 
Attachments:
 
4.
AI-77856
Authority to advertise and approval of procurement packet[specifications/requirements, legal notice, draft requirement agreement, etc.] as attached hereto for: Hidalgo County [all funding sources] for the project titled:
"SS-1 Emulsified Asphalt and Delivery Services"-RFB No.: 2020-352-10-20-JAG, including the re-advertisement of project if/when necessary/required. (Audio Reference 1h:15m 12s) 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 16.A.4.

Vote: 5 - 0 -Unanimously 
 
5.
AI-77838
Requesting Commissioners Court action to establish/set the following "Fiscal Year End" deadlines for the submission of requisitions for all goods and/or services:
  • November 13, 2020 for all major purchases (i.e. vehicles, furniture, equipment, etc.); and
  • November 25, 2020 for all minor (day to day) purchases (i.e. supplies)
with all goods and/or services requested ordered, received/rendered, and invoiced on or before December 31, 2020 for General Fund and all other applicable funding sources with limited exceptions: i.e. Sheriff's Dept. and Food Purchases (Audio Reference 1h:15m 36s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.A.5.

Vote: 5 - 0 – Unanimously
 
B.
 
Pct. 1
 
1.
AI-77804
Requesting authority to purchase from Game Time c/o Total Recreation Products, Inc. an authorized reseller awarded vendor through OMNIA Cooperative Purchasing Program contract # 2017001134  in the amount of $154,878.41 for Precinct 1 subject to compliance with Form 1295. (Audio Reference 1h:16m 31s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.B.1.

Vote: 5 - 0 – Unanimously
Attachments:
 
2.
AI-77865
A.  Acceptance and approval of an Interlocal Cooperation Agreement between the County of Hidalgo, the City of Alamo, and Urban County (CDBG) for a full reconstruction of Crockett Ave. from (Tower Rd. to Border Rd.); (Audio Reference 1h:17m 03s) 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 16.B.2.A

Vote: 5 - 0 -Unanimously 

B.  In accordance with Section 791.014 of the Texas Government Code, requesting approval of a  road improvement project to a portion of Crockett Ave. from (Tower Rd. to Border Rd.) (Audio Reference 1h:17m 30s) 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 16.B.2.B.

Vote: 5 - 0 -Unanimously 
 
C.
 
Pct. 3
 
1.
AI-77855
A.  Pursuant to HC's current Exiting Elected Official Expenditure Policy, requesting approval of final negotiated professional services agreement with B2Z Engineering, LLC in connection with professional engineering services for Precinct No. 3's Mile 3 North Road Project (from FM 492 (Goodwin Rd) to Tom Gill Rd) and subject to final TxDOT approval & as to legal form; (Audio Reference 1h:17m 49s) 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.C.1.A.

Vote: 5 - 0 - Unanimously

B.  Pursuant to HC's current Exiting Elected Official Expenditure Policy, approval of Professional Services Agreement with B2Z Engineering, LLC  requesting approval of Work Authorization No. 1 in the amount of $1,339,474.95 for professional engineering services for Precinct No. 3's - Mile 3 North Road Project (From FM 492 (Goodwin Rd) to Tom Gill Rd). (Audio Reference 1h:18m 30s) 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.C.1.B.

Vote: 5 - 0 - Unanimously
 
2.
AI-77876
Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 2 to current contract [C-15-427-12-15] with L&G Consulting Engineers, professional services for "FM 676 (Mile 5) from SH (Conway) to Taylor Road" for Precinct 3, to amend "Exhibit B - Services to be provided by the Engineer" and "Exhibit D-1 - Project Estimated Fee Schedule". (Audio Reference 1h:18m 58s) 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.C.2.

Vote: 5 - 0 - Unanimously
 
D.
 
Pct. 4
 
1.
AI-77858
A. Presentation of scoring grid for the purpose of ranking by Commissioners' Court for the proposals received in connection to the Request for Competitive Sealed Proposals for Hidalgo County Precinct 4 - RFCSP 2020-298-09-16-HGO - Construction of New Mechanic's Shop; (Audio Reference 1h:19m 36s) 

Please see the scoring grid attached to item 16.D.1.A.

Martha Salazar, with the Purchasing Department read the top three construction companies: Celso Gonzalez with a score of 280.48, NM Contracting with a score of 260, and RG Enterprises with a score of 253.95.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 16.D.1, as ranked.

Vote: 5 - 0 - Unanimously

B. Requesting authority for Purchasing Department to commence negotiations with the number one ranked firm, Celso Gonzalez. (Audio Reference 1h:21m 48s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 16.D.1, Celso Gonzalez.

Vote: 5 - 0 - Unanimously 
Attachments:
 
2.
AI-77834
Acceptance and approval of Supplemental Agreement No. 1 [extending the expiration date], for Contract No. C-19-276-10-22 with SDI Engineering for the Linn-San Manuel Veteran's Park project. (Audio Reference 1h:22m 07s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.D.2.

Vote: 5 - 0 – Unanimously
 
E.
 
IT Department:
 
1.
AI-77905
A. Requesting exemption from competitive procurement requirements pursuant to Texas Local Government Code. 262.024(a)(7)(C) an item that only be obtained from one source; (Audio Reference 1h:22m 28s) 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 16.E.1.A.
                                                                              
 Vote: 5 - 0 – Unanimously

B. Approval of a Sole Source Declaration for Spectrum, fka, Time Warner Cable for the provision of all PRI circuits and related services for Hidalgo County Elected Offices, Departments, Programs and/or Agencies (all funding sources); (Audio Reference 1h:22m 57s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 16.E.1.B.

Vote: 5 - 0 - Unanimously 

C. Requesting  authority to enter into a 12 month service agreement with Spectrum Enterprise in the amount of $750 a month for the additional circuits. (Audio Reference 1h:23m 22s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 16.E.1.C.

Vote: 5 - 0 - Unanimously 
 
F.
 
Health & Human Services Dept.
 
1.
AI-77877
A. Discussion, consideration, and action to approve a necessary CARES Act Relief Fund expenditure to cover cost not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation, for the purchase antibacterial hand sanitizer in order to assist with County medical expenses addressing the ongoing COVID-19 public health emergency; the Court having reviewed the Agenda Item Briefing, attached herein finds that such expenditure is reasonable and necessary for the intended use. (Audio Reference 1h:23m 39s) 

Martha Salazar, with the Purchasing Department stated that this item may be for the Department of Emergency Management.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 16.F.1.A.

Vote: 5 - 0 - Unanimously 

B. Requesting exemption from competitive bidding requirements, pursuant to Texas LGC 262.024(a)(1): an item that must be purchased in case of a public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens; (2) an item necessary to preserve and protect the public health and safety of the citizens; (Audio Reference 1h:24m 49s) 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.F.1.B.
                                                        
 Vote: 5 - 0 – Unanimously

C. Requesting authority to purchase antibacterial hand sanitizer from Promo Universal LLC, under Buyboard awarded contract number 588-19, with a total cost of $ 77,220.00 (Audio Reference 1h:25m 13s) 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 16.F.1.C.
                                                                              
 Vote: 5 - 0 – Unanimously
 
G.
 
Budget & Management
 
1.
AI-77837
A.  Requesting approval of First Amendment to Service Contract with Eligibility Tracking Calculators, LLC [Contract C-18-140-07-03], to change the name of the Consultant from Eligibility Tracking Calculators, LLC to ETC Lite, LLC due to dissolving of the inital company (ownership stays the same); (Audio Reference 1h:25m 36s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.G.1.A.

Vote: 5 - 0 – Unanimously

B.  Requesting approval of ratification of services provided to the County as ETC Lite, LLC shall no longer provide Eligibility Tracking Services and Section 1 of Exhibit “B” shall be deleted in its entirety with all terms and conditions of the contract, as amended, remain the same. (Audio Reference 1h:26m 12s) 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 16.G.1.B.
                                                                              
Vote: 5 - 0 – Unanimously
 
H.
 
Sheriff's Office
 
1.
AI-77854
Presentation of qualified responsible vendor Waukesha Pearce Industries, LLC [meeting all specifications and requirements as set forth and approved by CC and included in the procurement packet] for the purpose of award and approval of contract for RFB titled: Hidalgo County - "Generator Maintenance Service & Repairs at Hidalgo County Sheriff's Office Facilities" through project No. 2020-222-09-30-HAG. (Audio Reference 1h:26m 43s) 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 16.H.1.
                                                                              
 Vote: 5 - 0 – Unanimously
 
I.
 
District Attorney:
 
1.
AI-77878
A.  Requesting exemption from competitive bidding requirement, TxLGC 262.024(a)(1) an item that must be purchased in a case of public calamity if necessary to make the purchase promptly to relieve the necessity of the citizens or to preserve the property of the county, (2) an item necessary to preserve or protect the public health or safety of the residents of the county and  7(A)(B); (Audio Reference 1h:27m 20s) 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.I.1.A.
                                                        
 Vote: 5 - 0 – Unanimously

B.  Authority to purchase proprietary data/information, mortuary supplies, equipment, software from Autopsy Services and Expert Testimony, P.L.L.C., in the amount of $38,600.00 subject to the HC established and approved Requisition and Purchase Order protocol. (Audio Reference 1h:27m 42s) 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.I.1.B.
                                                        
 Vote: 5 - 0 – Unanimously
 
17.
 
Executive Office:
 
A.
 
Presentation for discussion of the following: (Audio Reference 1h:28m 18s)
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects
2) Emergency situations occurring since last agenda meeting

Valde Guerra stated that no action was to be taken on item 17.A.1 & 2.
 
B.
AI-77823
Presentation of 2020 Hidalgo County Library System (HCLS) Report - Kate P. Horan (Audio Reference 1h:33m 00s)

After returning from Closed Session, Valde Guerra stated that no action was to be taken on item 17.B.

The court continued to item 21.A.- Open Session. (Audio Reference 1h:33m 20s) 
Attachments:
 
C.
AI-77835
Domestic Relations Office (1100):
Approval to set fees and adopt the Domestic Relations Office (DRO) Fee Schedule for services rendered in accordance with Texas Family Code §203.005(a). (Audio Reference 1h:29m 30s) 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, action was taken by JUDGE CORTEZ, the Court made a UNANIMOUS vote of approval on item 17.C.
                                                        
Vote: 5 - 0 – Unanimously
 
D.
AI-77843
Approval to accept settlement check from Fred Loya Insurance Agency in the amount of $8,956.30 to settle damages to County solar light pole. (Precinct 2) (Audio Reference 1h:30m 12s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 17.D.

Vote: 5 - 0 - Unanimously 
 
E.
AI-77872
Approval of 2021 Holiday Schedule (Audio Reference 1h:30m 39s) 

Please see proposed Holiday Schedule attached to agenda item 17.E.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 17.E.

Vote: 5 - 0 - Unanimously

The court proceeded to item 19 - Closed Session. (Audio Reference 1h:31m 31s) 
Attachments:
 
18.
 
Discussion, consideration and possible action regarding: (Audio Reference 1h:34m 00s)
A. County response to disaster/health emergency:
1. CARES Act Funds

Valde Guerra stated that no action was to be taken on item 18.A.1.

B. Measures necessary to preserve public health and safety (Audio Reference 1h:34m 13s)

Valde Guerra stated that no action was to be taken on item 18.B.

C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 1h:34m 25s)

Valde Guerra stated that the county will continue to follow CDC guidelines to ensure the safety of all the constituents and county employees conducting business at county facilities during the COVID-19 pandemic.

No action was taken on item 18.C.

The court proceeded to item 24 - Adjournment (Audio Reference 1h:35m 12s)
 
19.
 
Closed Session: (Audio Reference 1h:31m 45s)
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, (Consultation with Attorney), 551.072 (Deliberation regarding Real Property), Section 551.074 (Personnel Matters) and Section 551.087 (Economic Development) to discuss the following:

The court proceeded into Closed Session at 11:21 A.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.

Vote: 5 - 0 - Unanimously
 
A.
 
Real Estate Acquisition

Reference item 21.A.
 
B.
 
Private consultation and advice of counsel concerning pending, potential and/or contemplated litigation, settlement offers, and/or legal matters subject to the attorney-client priviledge under the authority of the Open Meetings Act Section 551.071, Government Code.

Reference item 21.B.
 
C.
 
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference item 21.C.
 
D.
AI-77902
EEOC Charge No. 451-2020-03315

Reference item 21.D.
 
20.
 
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

B. Engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)

(Audio Reference 1h:33m 50s)

Valde Guerra stated that no action was to be taken on item 20.A, nor 20.B.

The court proceeded to item 18 (Audio Reference 1h:33m 58s)
 
21.
 
Open Session: (Audio Reference 1h:31m 52s)

The court return from Closed Session at 12:21 P.M.

Commissioner Flores did not return from Closed Session.

The court returned back to item 17.B. (Audio Reference 1h:33m 00s)
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 1h:33m 20s)

Valde Guerra stated that no action was to be taken on item 21.A.
 
B.
 
Pending and/or potential litigation (Audio Reference 1h:33m 27s)

Valde Guerra stated that no action was to be taken on item 21.B.
 
C.
 
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 1h:33m 32s)

Reference item 18.
 
D.
AI-77903
EEOC Charge No. 451-2020-03315 (Audio Reference 1h:33m 40s) 

Valde Guerra stated that they will proceed as directed for item 21.D.

No action was taken on item 21.D.

The court proceeded to item 20 (Audio Reference 1h:33m 50s) 
 
22.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceed into item 22 - Closed Session.
 
23.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceed into item 23 - Open Session.
 
24.
 
Adjourn (Audio Reference 1h:35m 26s)

Judge Cortez adjourned the meeting at 12:24 P.M.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.

Vote: 4 - 0 – Unanimously
There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 20th day of October, 2020

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Carolyn Thornton, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on October 20, 2020.

Signed this 22nd day of October 2020




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County


By: ____________________________
(Seal) Carolyn Thornton, Deputy