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Minutes for CC REGULAR AGENDA REGULAR MTG

REGULAR MEETING - October 27, 2020

BE IT REMEMBERED, that on this 27th day of October A.D., 2020, there was begun and held a REGULAR 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 27, 2020
2:00 P.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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 16m:32s)

Judge Cortez called the meeting to order at 2:29 P.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 16m:50s)

Judge Cortez led in reciting the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 17m:10s)

District Attorney, Ricardo Rodriguez offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 18m:30s)

Valde Guerra requested that Consent Agenda item 11.K. be pulled for further discussion.

The court moved to approve the remainder of the Consent Agenda, excluding Consent Agenda item 11.K.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on the Consent Agenda, excluding Consent Agenda item 11.K.

Vote: 4 - 0 – Unanimously

The court proceeded to Consent Agenda item 11.K for further discussion. (Audio Reference 19m:24s)
 
5.
 
Open Forum (Audio Reference 19m:38s)

Open Forum Participant, Jesus Mendoza, came before the court and expressed his concerns on electro-sensitivity.

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 pandemic.

No action was taken on item 5 - Open Forum.
 
6.
 
District Attorney's Office:
 
A.
AI-77939
DA-Domestic Violence Specialty Prosecutor Grant (1281): (Audio Reference 26m:42s)
1. Approval to accept the Hidalgo County Domestic Violence Specialty Prosecutor Grant, from the Office of the Governor (OOG), in the amount of $79,230.98, effective 09/01/2020 thru 08/31/2021.
2. Approval of certification of revenues as certified by the County Auditor for FY 2020 Hidalgo County Domestic Violence Specialty Prosecutor Grant and appropriation of the same.

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 6.A.1 & 2.
                                                                              
 Vote:  4 -0 – Unanimously
 
B.
AI-77933
DA - Domestic Violence Unit Grant (1281): (Audio Reference 28m:02s)
1. Approval to accept grant award for the FY 2019 Domestic Violence Unit (DVU) Grant from the Office of the Governor (OOG), in the amount of $85,686.95, effective 10/01/2020 thru 09/30/2021.
2. Approval of certification of revenues, as certified by the County Auditor, for the FY 2019 Domestic Violence Unit (DVU) grant in the amount of $85,686.95 and appropriation of the same.

Commissioner Flores joined the meeting.

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.B.1 & 2.

Vote: 5 - 0 - Unanimously
 
7.
 
HIDTA - Task Force:
 
A.
AI-77922
Authorization and approval to accept the Memorandum of Understanding between the Hidalgo County Criminal District Attorney's Office HIDTA Task Force and Hidalgo County Constable Precinct 1 (Audio Reference 29m:10s)

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 7.A.

Vote: 5 - 0 – Unanimously
 
 
B.
AI-77921
HIDTA CCP 59 (1251)
Approval and authorization of interfund transfer from Hidalgo County HIDTA Task Force CCP 59 fund (1251) to the Constable Pct. 1 CCP 59 fund (1233) and the Constable Pct. 3 CCP 59 fund (1230) and the Constable Pct. 4 CCP 59 fund (1231) in the amount of $10,000.00 each respectively. (Audio Reference 29m:34s)

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 7.B.

Vote: 5 - 0 - Unanimously
 
8.
 
Sheriff's Office:
 
A.
AI-77917
Sheriff Operation Stonegarden Grant (OPSG) (1284):
1. Authorization and approval to accept grant award from the Office of the Governor-Homeland Security Division (OOG-HSGD) in relation to the FY 2019 (7-1-2020 to 2-28-2021) Operation Stonegarden Grant (OPSG) in the amount of $1,601,250.00 with authority for County Judge, as authorized official, to accept award electronically.
2. Authorization to pay overtime reimbursable under the grant terms and conditions.
3. Approval of certification of revenues, as certified by the Co. Auditor, for the FY 2019 Operation Stonegarden Grant (OPSG) in the amount of $1,601,250.00 and appropriation of same. (Audio Reference 30m:14s)

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 8.A. 1, 2, & 3.

Vote: 5 - 0 – Unanimously
 
B.
AI-77920
Sheriff's Office Local Border Security Program (LBSP) (1284):
1. Authorization and approval to accept grant award from the Office of the Governor-Homeland Security Grants Divison (OOG-HSGD) in relation to the FY 2021 (9-1-2020 to 8-31-2021) Local Border Security Program (LBSP) in the amount of $233,000.00 with authority for County Judge, as authorized official, to accept award electronically.
2. Authorization to pay overtime reimbursable under the grant terms and conditions.
3. Approval of certification of revenues, as certified by the Co. Auditor, for the FY 2021 Local Border Security Program (LBSP) in the amount of $233,000.00 and appropriation of same. (Audio Reference 31m:17s)

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 8.B 1, 2, & 3.

Vote: 5 - 0 – Unanimously
 
9.
 
Constable Pct. #1:
 
A.
AI-77913
Constable Pct. 1 Operation Stonegarden Grant (OPSG) (1284):
1. Authorization and approval to accept grant award from the Office of the Govenor-Homeland Security Grants Division (OOG-HSGD) in relation to the FY 2019 (7-1-2020 to 2-28-2021) Operation Stonegarden Grant (OPSG) in the amount of $100,000.00 with authority for County Judge, as authorized official, to accept award electronically.
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 2019 Operation Stonegarden Grant (OPSG) in the amount of $100,000.00 and appropriation of same. (Audio Reference 32m:14s)

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 9.A 1, 2, & 3.

Vote: 5 - 0 -Unanimously 
Attachments:
 
B.
AI-77907
Constable Precinct 1 - LBSP FY2021 (1284):
1. Authorization and approval to accept grant award in relation to the FY 2021 Local Border Security Program (LBSP) in the amount of $35,000.00 from the Office of the Governor-Homeland Security Grants Division (OOG-HSGD) for the period of September 1, 2020 to August 31, 2021 with authority for County Judge, as authorized official, to accept award electronically.
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 2021 Local Border Security Program (LBSP) Grant in the amount of $35,000.00 and appropriation of the same. (Audio Reference 33m:26s)

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 9.B 1, 2, & 3.

Vote: 5 - 0 -Unanimously 
Attachments:
 
10.
 
Constable Pct. #2:
 
A.
AI-77925
Constable Pct. 2 - Local Border Security Program (1284):
1. Authorization and approval to accept grant award from the Office of the Governor-Homeland Security Grants Division (OOG-HSGD) in relation to the FY 2021 (9-1-2020 to 8-31-2021) Local Border Security Program (LBSP) grant in the amount of $35,000.00 with authority for County Judge, as authorized official, to accept award electronically.
2. Authorization to pay overtime reimbursable under the grant terms and conditions.
3. Approval of certification of revenues, as certified by the Co. Auditor, for the FY 2021 Local Border Security Program (LBSP) in the amount of $35,000.00 and appropriation of same.  (Audio Reference 34m:19s)

Commissioner Cantu 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 10.A 1, 2, & 3. 

Vote: 4 - 0 – Unanimously
 
B.
AI-77908
Constable Pct. 2 Operation Stonegarden Grant (OPSG) (1284):
1. Authorization and approval to accept grant award from the Office of the Governor-Homeland Security Grants Division (OOG-HSGD) in relation to the FY 2019 (7-1-2020 to 2-28-2021) Operation Stonegarden Grant (OPSG) in the amount of $100,000.00 with authority for County Judge, as authorized official, to accept award electronically.
2. Authorization to pay overtime reimbursable under the grant terms and conditions.
3. Approval of certification of revenues, as certified by the Co. Auditor, for FY 2019 Operation Stonegarden Grant (OPSG) in the amount of $100,000.00 and appropriation of same. (Audio Reference 35m:18s)

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 10.B 1, 2, & 3. 

Vote: 4 - 0 - Unanimously
 
11.
 
Constable Pct. #3:
 
A.
AI-77923
Constable Pct. 3 Operation Stonegarden Grant (OPSG) (1284):
1. Authorization and approval to accept grant award from the Office of the Govenor-Homeland Security Grants Division (OOG-HSGD) in relation to the FY 2019 (7-1-2020 to 2-28-2021) Operation Stonegarden Grant (OPSG) in the amount of $110,000.00 with authority for County Judge, as authorized official, to accept award electronically.
2. Authorization to pay overtime reimbursable under the grant terms and conditions.
3. Approval of certification of revenues, as certified by the Co. Auditor, for FY 2019 Operation Stonegarden Grant (OPSG) in the amount of $110,000.00 and appropriation of same. (Audio Reference 36m:13s)

Commissioner Cantu rejoined the meeting.

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 11.A 1, 2, & 3.
                                               
 Vote: 5 - 0 – Unanimously
 
B.
AI-77909
Constable Pct. 3 - Local Border Security Program (1284):
1. Authorization and approval to accept grant award for FY 2021 (Sept. 1, 2020-Aug. 31, 2021) Local Border Security Program (LBSP) in the amount of $95,000.00 with authority for County Judge as authorized official to accept award electronically.
2. Authorization to pay overtime reimbursable under grant term and conditions.
3. Approval of certification of revenues, as certified by the Co. Auditor, for the FY 2021 Local Border Security Program (LBSP) in the amount of $95,000.00 and appropriation of same. (Audio Reference 37m:26s)

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 11.B 1, 2, & 3.
                                               
 Vote: 5 - 0 – Unanimously
 
12.
 
Constable Pct. #4:
 
A.
AI-77950
Constable Precinct 4 - Local Border Security Program (1284):
1. Authorization and approval to accept grant award from the Office of the Governor-Homeland Security Grants Division (OOG-HSGD) in relation to the FY 2021 (9-1-2020 to 8-31-2021) Local Border Security Program (LBSP) grant in the amount of $73,000.00 with authority for County Judge, as authorized official, to accept award electronically.
2. Authorization to pay overtime reimbursable under the grant terms and conditions.
3. Approval of certification of revenues, as certified by the Co. Auditor, for the FY 2021 Local Border Security Program (LBSP) in the amount of $73,000.00 and appropriation of same. (Audio Reference 38m: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 12.A 1, 2, & 3.
                                                                              
 Vote: 5 - 0 – Unanimously
 
B.
AI-77949
Constable Precinct 4 Operation Stonegarden Grant (OPSG) (1284):
1. Authorization and approval to accept grant award from the Office of the Governor-Homeland Security Grants Division (OOG-HSGD) in relation to the FY 2019 (7-1-2020 to 2-28-2021) Operation Stonegarden Grant (OPSG) in the amount of $110,000.00 with authority for County Judge, as authorized official, to accept award electronically.
2. Authorization to pay overtime reimbursable under the grant terms and conditions.
3. Approval of certification of revenues, as certified by the Co. Auditor, for FY 2019 Operation Stonegarden Grant (OPSG) in the amount of $110,000.00 and appropriation of same. (Audio Reference 39m:09s)

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 12.B 1, 2, & 3.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
13.
 
Constable Pct. #5:
 
A.
AI-77986
Discussion, consideration, and approval to appoint Efrain Barrientos and Victor Garcia as Deputy Constables by Constable Daniel Marichalar, Constable Pct 5, in accordance with Texas Local Government Code Section 86.011 (Audio Reference 40m:10s)

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 13.A. 
                                                        
 Vote: 5 - 0 – Unanimously
 
14.
 
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 (Audio Reference 40m:42s)

Raul Silguero request that no actions be taken on items 14.A 1 & 2.

3. Budget Amendment Policy - Personnel Related Amendments (Audio Reference 41m:15s)

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 itm 14.A.3.

Vote: 5 - 0 - Unanimously
 
B.
AI-77964
Health
Approval of the following personnel actions, effective next full pay period 11/09/2020:
Action Dept./ Prg. Slot # Position Title Grade
Delete 340-076 T013 COVID-19 Analyst I 10
Delete 340-076 T014 COVID-19 Analyst I 10
Delete 340-076 T015 COVID-19 Analyst I 10
Delete 340-076 T016 COVID-19 Analyst I 10
Delete 340-005 T004 Clerk I 01

(Audio Reference 41m:34s)

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 14.B.
                                                        
 Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI-77938
Pct. 4 Parks (1100)/ Pct. 4 Sanitation (1100)/ Pct. 4 CRC(1100): (Audio Reference 42m:07s)
1. Approval of the following personnel actions, effective next full pay period 11/09/2020 and for 2021:
Action Dept./ Prg. Slot # Position Title Grade
Delete 124-009 0001 Supervisor II 11
Delete 124-001 0027 Supervisor II 11
Create 124-001 0033 Supervisor III 13
124-009 0019
Delete 124-186 0003 Clerk III 05
Create 124-186 0004 Administrative Assistant II 06

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 14.C.1.

Vote: 5 - 0 – Unanimously

2. Approval to waive the posting, hiring and enrollment procedures and transfer employee no. 208400 to Supervisor III (slot no. 124-001-0033/124-009-0019) pursuant to Section 3.49 G of the Civil Service Commission Rules, effective 11/09/2020. (Audio Reference 43m:34s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 14.C.2.

Vote: 5 - 0 – Unanimously
 
15.
 
Urban County:
 
A.
AI-77956
1.  Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Professional Engineering Services; 
2.  Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) Engineering Firms from the County’s approved “pool” as graded and evaluated by the City of La Villa, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 33 (2020) La Villa Street Improvement Project funds.
 
Professional Service Firm Grade Ranked
Halff & Associates 91.67%  
S & B Infrastructure 86.33%  
Fulcrum Consulting Services 83.33%  

(Audio Reference 44m:02s)

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 items 15.A 1 & item 15.A.2, as ranked. 

Vote: 5 - 0 - Unanimously

3.  Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of Halff & Associates for the provision of Engineering Service for an Urban County Program Year 33 (2020) La Villa Street Improvements project. (Audio Reference 45m:16s)

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.A.3. 
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI-77954
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Professional Engineering Services; (Audio Reference 45m:41s)

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.B.1.
                                                                              
 Vote: 5 - 0 – Unanimously
 
2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) Engineering Firms from the County’s approved “pool” as graded and evaluated by the City of Edcouch, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 33 (2020) Edcouch Street Improvement Project funds.
Professional Service Firm Grade Ranked
CSJ Group 91.00%  
Landtech 76.67%  
BTI, Inc. 74.00%  

(Audio Reference 46m:08s)

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.B.2, as ranked. 

Vote: 5 - 0 - Unanimously

3.  Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of CSJ Group for the provision of Engineering Service for an Urban County Program Year 33 (2020) Edcouch Street Improvements project. (Audio Reference 46m:58s)

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 15.B.3.

Vote: 5 - 0 - Unanimously
Attachments:
 
16.
 
Health & Human Services Department:
 
A.
 
Health Care Funding District:
 
1.
AI-77942
A. Discussion, consideration and approval to draw down funds for the Uniform Hospital Rate Increase Program in the amount to be determined by HHSC instructions from the Local Provider Participation Fund (LPPF) with a TEX NET transfer date of November 5, 2020 and a settlement date of November 6, 2020. (Audio Reference 47m:30s)

Eduardo Olivarez, with the Health & Human Services Department, stated that the amount is being determined by the Service Delivery Area Partners, and that the state has yet to provide the department with the amount. 

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.

Vote: 5 - 0 -Unanimously 

B. Approval of Certification of Revenues as certified by the County Auditor from the Local Provider Participation Fund in the amount to be determined by HHSC instructions. (Audio Reference 48m:32s)

Eduardo Olivarez, with the Health & Human Services Department, stated that the amount is being determined by the Service Delivery Area Partners, and that the state has yet to provide the department with the amount. 

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.A.1.B.

Vote: 5 - 0 -Unanimously 

C. Approval of appropriations of funds from the LPPF in the amount to be determined by HHSC. (Audio Reference 48m:55s)

Eduardo Olivarez, with the Health & Human Services Department, stated that the amount is being determined by the Service Delivery Area Partners, and that the state has yet to provide the department with the amount. 

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.A.1.C.

Vote: 5 - 0 -Unanimously 
Attachments:
 
17.
 
Head Start Program:
 
A.
AI-77911
Discussion/Approval to Re-Budget Funds for Fiscal Year 2020 from the Salary Category to the Equipment Category  (Audio Reference 49m:27s)

Teresa Flores, with the Head Start Program, explained to the court that the purpose of the re-budget funds for Fiscal Year 2020 from the Salary Category to the Equipment Category will be used to replace four cargo-vans for the  Maintenance Department.

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.A.

Vote: 5 - 0 - Unanimously  
Attachments:
 
18.
 
Elections Administration:
 
A.
AI-77944
1. Discussion on Election Updates (Audio Reference 51m:39s) 

Yvonne Ramon, with the Elections Department, came before the court with the statistics on voter turnout by age as of October 26, 2020. Mrs. Ramon also informed the court that Bert Odgen Arena, San Juan Library, Sullivan City Fire Station, and the Sullivan City WIC Clinic are also available as voting locations.

No action was taken on 18.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 :
    a. Edcouch-Elsa Independent School District
    b. South Texas Independent School District (Audio Reference 57m:18s)

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 18.A.2. a & b.

Vote: 5 - 0 - Unanimously

3. Discussion, consideration and approval of the Central Counting Station Personnel for the November 3, 2020 Presidential General Election:
  •  Presiding Judge Recommendation – Mr. Patrick Eronini
  •  Manager Recommendation – Mr. Cruz Quintana, Jr.
  • Tabulation Supervisor – Ms. Melissa Alvarez
  • Tabulation Assistant Supervisor – Mr. Josue Martinez
  •  Recommendation for Central Counting Station Clerks - 15 Democrats and 15 Republicans with the approval of seven Republican Alternates (Audio Reference 57m:45s)
Yvonne Ramon, with the Elections Department, added a correction to the last bullet. In which the item should state, Recommendation for Central Counting Station Clerks - 15 Democrats and 15 Republicans with the approval of seven Republican Alternates, and eight Democrat Alternates.

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 18.A.3 with the stated corrections.

 Vote: 5 - 0 - Unanimously
 
19.
 
Planning Department:
 
A.
AI-77959
1. Preliminary Approval
a. Krane Subdivision- Pct. 4 (Jose Pablo Garza) (Shary Road & Mile 8 North Road)
 No. of Lots: 1 Single Family
 Flood Zone: X
 Estimated Number of Streetlights:N/A
 Filling Stations:N/A
 Drainage: Yes, Drainage will be provided by natural perculation and surface runoff onto Shary Road side ditch.
 ETJ: Yes, approved by the City of McAllen.
 Water: Yes, provided by Sharyland Water Supply Coporation.
 Sewer: Yes, OSSF’s
 Paved: Yes, Sharyland Road is paved.
 
b. Polanco Estates Subdivision – Pct. 1 (Cayetano Investments) (US Hwy 107 & Mile 6 West Road)
 No. of Lots: 66 Single Family,16 Commercial
 Flood Zone: X
 Estimated Number of Streetlights:18
 Filling Stations:8
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
 ETJ: Yes, approved by the City of Elsa.
 Water: Yes, provided by North Alamo Water Supply Corporation.
 Sewer: Yes, OSSF’s
 Paved: Yes, S.H. 107 is paved and 6 internal streets to be paved.
 
c. Las Comadres No. 8 Subdivision- Pct. 3 (Carlos G. Leal Jr.) (Mile 6 North Road & Abram Road)
 No. of Lots: 98 Single Family
 Flood Zone:X & A
 Estimated Number of Streetlights: 22
 Filling Stations: 11
 Drainage: Yes, Drainage will be provided by storm sewer system discharging to HCDD#1 Regional Detention Facility.
 ETJ: Yes, approved by the City of Mission.
 Water: Yes, provided by Agua SUD.
 Sewer: Yes, OSSF’s
Paved: Yes, El Charro Road is paved and 3 internal streets to be paved. (Audio Reference 1h 00m:54s)

Commissioner Cantu stepped away from the meeting.

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 19.A.1. a through c.
                                                                              
 Vote: 4 - 0 – Unanimously

 
2. Final Approval
a. 1 Commercial Lot DLG Acres Subdivision- Pct. 4 (Rafael De La Garza III) (Mile 8 ½ North Road & Ware Road)
 No. of Lots: 1 Commercial
 Flood Zone:X & A
 Streetlights: N/A
 Filling Stations: N/A
 Drainage: Yes, Drainage will be provided by onsite detention and with an overflow structure discharging onto Mile 8 ½ North Road side ditch. 
 ETJ: Yes, approved by the City of McAllen.
 Water: Yes, provided by Sharyland Water Supply Coporation.
 Sewer: Yes, OSSF will be installed at building permit stage..
 Paved: Yes, Mile 8 ½ North Road is paved.
 
b. Lot 6A Replat of Lot 6 Ellis No. 6 Subdivision – Pct. 3 (Texcitrus Land Development Co., LLC.) (Davis Lane & Melissa Lane)
 No. of Lots: 1 Single Family
 Flood Zone:X
 Streetlights: N/A
 Filling Stations: N/A
 Drainage: Yes, Drainage will be provided by natural perculation and surface runoff onto Davis Road side ditch.
 ETJ: Yes, approved by the City of Mission.
 Water: Yes, provided by Agua SUD.
 Sewer: Yes, OSSF has been installed.
 Paved: Yes, Davis Lane.
 
c. Lot 6 Las Comadres Acres Phase 3 Subdivision - Pct. 3 (Rafael Rodriguez Gutierrez) (Mile 7 North Road & Iowa Road)
 No. of Lots: 1 Single Family
 Flood Zone:X
 Streetlights: N/A
 Filling Stations: N/A
 Drainage: Yes, Drainage has been provided by storm sewer system and by onsite detention that was constructed during Las Comadres Acres Phase 3 Subdivision.
 ETJ: Yes, approved by the City of Alton.
 Water: Yes, provided by Agua SUD.
 Sewer: Yes, OSSF was installed during Las Comadres Phase 3 Subdivision.
 Paved: Yes, Mile 7 North Road.
 
d. Citrus Village No. 2 Subdivision- Pct. 4 (Top Fruit, Inc. [Laura Coffman Vice President]) (Benito Ramirez Road & Cesar Chavez Road)
 No. of Lots: 48 Single Family
 Flood Zone:X
 Streetlights: 6
 Filling Stations: 3
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
 ETJ: Yes, approved by the City of Edinburg.
 Water: Yes, provided by North Alamo Water Supply Corporation.
 Sewer: Yes, Sanitary Sewer provided by City of Edinburg.
 Paved: Yes, Benito Ramirez Road and 2 internal streets are paved.
 
e. Eduardos Subdivision No. 18 - Pct. 3 (Izaguirre Real Estates Holdings LLC.) (Trosper Road & Mile 6 North Road)
 No. of Lots: 76 Single Family
 Flood Zone:X
 Streetlights: 11
 Filling Stations: 6
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
 ETJ: Yes, approved by the City of McAllen.
 Water: Yes, provided by Sharyland Water Supply Coporation.
 Sewer: Yes, Sanitary Sewer provided by City of Mission.
 Paved: Yes, Trosper Road and 4 internal streets are paved. (Audio Reference 1h 01m:41s)

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 19.A.2. a through e.

Vote: 4 - 0 - Unanimously 
 
3. Final Approval with Financial Guarantee
a. San Lucio Subdivision No. 4 - Pct. 1 (WSW Holdings, LLC) (Anderson Road & F.M. 493)
 No. of Lots: 68 Single Family
 Flood Zone:C
 Streetlights: 12
 Filling Stations: 3
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by proposed drain ditch.
 ETJ: Yes, approved by the City of Donna.
 Water: Yes, provided by North Alamo Water Supply Corporation.
 Sewer: Yes, OSSF’S have been escrowed.
 *Final Approval with a cash deposit in the amount of $102,000.00 for 68 OSSF’S.
Paved: Yes, Anderson Road and 3 internal streets are paved. (Audio Reference 1h 02m:40s)

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 19.A.3.

Vote: 4 - 0 - Unanimously 
 
20.
 
Precinct #3 - Comm. Flores:
 
A.
AI-77989
Requesting approval to accept the counteroffer to purchase a tract of land known as Parcel 36 A&B associated with Liberty Road PH II from Mile 3 to FM 2221 (ROW CSJ:0865-01-111) with authority for the County Judge to sign the Administrative Evaluation and Approval Form. (Audio Reference 1h 03m:15s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 20.A.

Vote: 4 - 0 – Unanimously
 
B.
AI-77962
TXDOT-PCT3 FM676 (SH107 to TAYLOR RD.) (1315):
1.  Approval of Agreement for Right of Way Procurement and to Contribute Right of Way Funds (Fixed Price) between Hidalgo County (Pct. 3) and Texas Department of Transportation for FM 676 (Mile 5) from SH 107 to Taylor Road (CSJ #1064-01-027 / ROW CSJ #1064-01-038) and approval of Order authorizing the County Judge to sign agreement for said project. (Audio Reference 1h 03m:15s)

Commissioner Cantu rejoined the meeting.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 20.B.1.

Vote: 5 - 0 – Unanimously

2.  Approval to issue check payable to Texas Department of Transportation Trust Fund in the amount of $117,998.09 for the County's participation Right of Way Acquisition and Utility Adjustment for the Hidalgo County (Pct.3) FM 676 Road Project, with authority for the County Treasurer to issue check after review, audit, and processing procedures are completed by the County Auditor. (Audio Reference 1h 04m:29s)

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 20.B.2.

Vote: 5 - 0 - Unanimously
 
21.
 
Precinct #4 - Comm. Torres:
 
A.
AI-77832
UT Health Science Center Grant (SnapEd)(1100):
Approval to continue the payment of salaries for (2) Hidalgo County Health Workers, currently being paid by the UT Health Science Center (SnapEd) grant pending award of the 2020 - 2021 Fiscal Year Grant. (Audio Reference 1h 05m:09s) 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 21.A.

Vote: 5 - 0 – Unanimously

The court proceeded to item 22.B. (Audio Reference 1h:10m 39s)
Attachments:
 
22.
 
Budget & Management:
 
A.
AI-77999
CARES Act Relief Funds (1287):
Discussion, consideration, and action to approve the Amendment to Master Agreement between Hidalgo County and Peoplefund to include modifications to Exhibit A (Scope of Work). (Audio Reference 1h:27m 45s)

The court took action on item 22.A. after Closed Session.

Valde Guerra stated approval subject to legal's final approval.

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 22.A, subject to legal's final approval.
                                                                              
Vote: 5 - 0 – Unanimously

The court proceeded to item 23.B.1. (Audio Reference 1h:28m 20s)
 
B.
AI-77996
TXDOT - Pct 4 FM2220 (1315): (Audio Reference 1h:10m 55s)
Authorization to submit the Economically Disadvantaged County (EDC) Program Application and Affidavit for the FM2220 (FM1925 – SH107) Project, CSJ 2094-01-063, with authority for the County Judge to sign all required documentation.

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 22.B.

Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI-77965
CARES Act Relief Funds (1287):
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. (Audio Reference 1h:11m 20s) 

Sergio Cruz, with the Budget & Management Department, stated the Exhibit A amount to be $170,012.63.

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 22.C.

Vote: 5 - 0 -Unanimously 
 
D.
AI-77945
WIC (1292):
Approval of salary schedule changes in accordance with Hidalgo County Classification and Compensation Pay Plan effective 10/26/2020 and in 2021. (Audio Reference 1h:11m 59s) 
FROM TO
Action Dept/Prg Slot Position Title G/S Budgeted Salary Proposed Salary G/S
Promotion
Step Adj.
350-002 0039 Peer Counselor II 05/01 $27,599.00 $31,671.00 05/05
Budget Adjustment (Lateral Transfer)
 
350-001 0273 Custodian I 01/07 $24,960.00 $25,834.00 01/08

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 22.D. 

Vote: 5 - 0 -Unanimously
Attachments:
 
E.
AI-77947
Indigent Defense Grant: (Audio Reference 1h:12m 27s) 
Requesting approval to submit 2021 Hidalgo County Formula Grant Program Application and approval for County Judge to sign County Resolution.

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 22.E.

Vote: 5 - 0 -Unanimously 
 
F.
AI-77948
DA Check Fraud (1222)/DA CCP 59 (1223)/Crim DA (1100):
Approval of change in funding source as listed on Exhibit A and for calendar year 2021. (Audio Reference 1h:12m 50s) 

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 22.F.

Vote: 5 - 0 - Unanimously 
 
Attachments:
 
23.
 
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-78012
Approval to exercise the one (1) option to renew/extend  [as permitted under the current letter of engagement] with the Caso Law Firm, PLLC for the provision of legal services. (Audio Reference 1h:13m 23s) 

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 23.A.

Vote: 5 - 0 - Unanimously 
 
2.
AI-77967
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 two (2) ADA Mobile Restrooms in order to assist frontline workers during the Covid-19 pandemic with lavatories at off-grid locations in order to assist with Public Health 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:13m 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 23.A.2.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:14m 32s) 

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 23.A.2.B.

Vote: 5 - 0 - Unanimously 

C) Requesting authority to purchase one (1) ADA Mobile Restroom from Ready2Go Restroom Trailers Sales LLC. With a cost not to exceed $52,500.00, and one (1) ADA Mobile Restroom from Portable Restroom Trailers LLC. With a cost not to exceed $59,895.00, subject to receipt of additional information and final review as to legal form by HC/DA/Civil Section. (Audio Reference 1h:14m 57s) 

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 23.A.2.C.

Vote: 5 - 0 – Unanimously

The court proceeded to item 23.C. (Audio Reference 1h:15m 32s) 
 
B.
 
County Judge's Office
 
1.
AI-77982
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 Digital Advertisement, in order to assist 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; (Audio Reference 1h:28m 20s)

After Closed Session, the court took action on all items under item 23.B.1.
 
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 23.B.1.A.
                                                                              
Vote: 5 - 0 – Unanimously
 
B. 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:29m 21s)
 
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 23.B.1.B.
                                                                              
 Vote: 5 - 0 – Unanimously

C. Requesting approval for Digital and Direct Mail Advertisement through AIM Media Texas Operating, LLC, for the Public Affairs Division through requisition 422343 in the total amount of $95,224.85 subject to 1295 compliance. (Audio Reference 1h:29m 43s)

Legal Counselor, Josephine Ramirez, stated that the recommendation is to approve digital and/or Direct Mail Advertisement in an amount not to exceed $95,224.85. Ms. Ramirez also advised Martha Salazar that there might be further changes as well. In which Ms. Salazar agreed not to proceed until the changes are received.

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 23.B.1.C, with the added comment stated above by Legal Counselor, Josephine Ramirez.
                                                        
 Vote: 5 - 0 – Unanimously

The court proceeded to item 25 (Audio Reference 1h:30m 35s)
 
C.
 
Pct. 4
 
1.
AI-77968
Requesting approval of the contract for Professional Engineering Services for Rio Delta Bus Shelter - P4 with RO Engineering, PLLC - contract C-20-439-10-27. (Audio Reference 1h:15m 44s) 

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 23.C.1.

Vote: 5 - 0 - Unanimously 
 
2.
AI-77977
Requesting approval to purchase Parks and Recreation Equipment and Field Lighting Products and Installation for (1) Softball Field and (1) Baseball Field through BuyBoard Coop. Contract # 592-19 awarded vendor, Musco Lighting,LLC., in the total amount of $300,000. (Audio Reference 1h:16m 11s) 

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 23.C.2.

Vote: 5 - 0 - Unanimously 
 
D.
 
IT Department
 
1.
AI-77924
A.  Requesting exemption under Texas Local Government Code, 262-024(a)(4), a professional service for HC/IT software program maintenance;  (Audio Reference 1h:16m 36s) 

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 23.D.1.A.

Vote: 5 - 0 -Unanimously 

B.  Acceptance and approval of a professional services agreement with Charles Graham for the provision of maintenance/support services for the HC IT Department including all required and statutory submissions, effective date 01/01/2021 through 12/31/2021, for an initial term of one year with the County's option to renew/extend and additional one year term. (Audio Reference 1h:16m 56s) 

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 23.D.1.B.

Vote: 5 - 0 – Unanimously
 
E.
 
Health & Human Services Dept.
 
1.
AI-77974
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 and (2) an item necessary to preserve or protect the public health or safety of the residents of the county; (Audio Reference 1h:17m 28s) 

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 23.E.1.A.

Vote: 5 - 0 -Unanimously 

B. Approval of the Memorandum of Agreement/Understanding with Curative, Inc. to secure free COVID-19 oral swab testing for the general public as it relates to the provision of additional COVID testing programs to individuals and families of the County that have been directly or indirectly impacted by the COVID-19 public health emergency, this serves a public purpose for the health, safety, and wellbeing of the residents of the County of Hidalgo subject to submittal/compliance with form HB1295. (Audio Reference 1h:17m 53s) 

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 23.E.1.B.

Vote: 5 - 0 – Unanimously
 
F.
 
Tax Office
 
1.
AI-77936
A. "Discussion, consideration, and action to approve necessary CARES Act Relief Fund expenditures 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 additional Two-Way Electronic Communicators for the new Weslaco Office as a function of government and of the County's efforts in mitigating the in-going COVID-19, the Court having reviewed tge Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use."; (Audio Reference 1h:18m 28s) 

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 23.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 purchase in case of public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens; (2) an item that is necessary to preserve and protect the public health and safety of the citizens; (Audio Reference 1h:19m 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 23.F.1.B.
                                                                              
Vote: 5 - 0 – Unanimously

C. Requesting to purchase 12 Two-Way Electronic Communicators for the new Weslaco Office from REFCO in the amount of $14,606.00 subject to 1295 compliance (Requisition# 00421660). (Audio Reference 1h:19m 30s) 

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 23.F.1.C.
                                                        
 Vote: 5 - 0 – Unanimously

 
 
G.
 
District Attorney
 
1.
AI-77874
A.  Requesting approval of Interlocal Cooperation Agreement(s) [ILA's] for Turnkey Autopsy and/or Medical Examiner Services  subject to final review as to form by HC/DA/Civil Section between Hidalgo County and the following:

1.  Cameron County; and,
2.  Nueces County (Audio Reference 1h:19m 48s) 

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 23.G.1.A 1 & 2.
                                                        
Vote: 5 - 0 – Unanimously

B.  Requesting exemption from competitive bidding requirements under TxLGC 262.024(a)(1) or (2) attached herein; (Audio Reference 1h:20m 18s) 

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 23.G.1.B.

Vote: 5 - 0 - Unanimously 

C.  Ratification of the executed Letter Agreement between Hidalgo and Nueces Counties for Limited Medical Examiner Services. (Audio Reference 1h:20m 38s) 

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 23.G.1.C.

Vote: 5 - 0 -Unanimously 
 
2.
AI-77941
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 [Hidalgo County District Attorney's Office Furniture Purchase], in order to implement the distancing measures addressing 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."; (Audio Reference 1h:20m 52s) 

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 23.G.2.A.

Vote: 5 - 0 -Unanimously 

B.   Requesting exemption from competitive bidding requirement under TxLGC 262.024 (a)(1) and (2) as attached herein;  (Audio Reference 1h:21m 35s) 

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 23.G.2.B.
                                                        
Vote: 5 - 0 – Unanimously
  
C.  Requesting approval to purchase office cubicles from Gateway through the County's membership/participation with OMNIA Cooperative under Contract #R191804 in the total amount of $73,607.86;  (Audio Reference 1h:21m 52s) 

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 23.G.2.C.

Vote: 5 - 0 -Unanimously 

D.  Requesting approval to purchase office furniture from Gateway through the County's membership/participation with OMNIA Cooperative under Contract #R191804 for the HC/DA in the amount of $12,850.38 [a non CARES Act Relief Fund purchase].  (Audio Reference 1h:22m 18s) 

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 23.G.2.D.
                                                                              
 Vote: 5 - 0 – Unanimously
 
H.
 
Co. Wide
 
1.
AI-77932
Presentation for award and contract to sole qualified vendor meeting all specifications for "Bulk Gasoline  - On/Off Highway Diesel Fuel & Related Misc. Products with Arguindegui Oil Co. II, LTD [C-20-526-10-27] . (Audio Reference 1h:22m 43s) 

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 23.H.1.
                                                        
Vote: 5 - 0 – Unanimously
 
24.
 
Executive Office:
 
A.
 
Presentation for discussion of the following: (Audio Reference 1h:23m 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 24.A.1 & 2.
 
B.
AI-77935
Presentation of 2020 Hidalgo County Library System (HCLS) Report - Kate P. Horan (Audio Reference 1h:23m 24s)

Valde Guerra introduced McAllen Public Library Director, Kate Horan, who presented the 2020 Hidalgo County Library System (HCLS) E-Library Report, and services available to the public. 

No action was taken on item 24.B.
Attachments:
 
C.
AI-77990
Approval to accept settlement check from GEICO Insurance Company in the amount of $13,870.94 to settle auto accident claim with County vehicle. (Sheriff Office) (Audio Reference 1h:26m 03s)

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 24.C.
                                                                              
Vote: 5 - 0 – Unanimously

The court proceeded to item 26 - Closed Session. (Audio Reference 1h:26m 36s)
 
25.
 
Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. CARES Act Funds (Audio Reference 1h:30m 39s)

Valde Guerra stated that no action was to be taken on item 25.A.1.

B. Measures necessary to preserve public health and safety (Audio Reference 1h:30m 49s)

Valde Guerra stated that no action was to be taken on item 25.B.

C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 1h:31m 00s)

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 25.C.

Commissioner Cantu stepped away from the meeting.

The court proceeded to item 27.A. (Audio Reference 1h:31m 32s)
 
26.
 
Closed Session: (Audio Reference 1h:26m 36s)
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 3:40 P.M.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, 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 28.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 28.B.
 
C.
 
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference 28.C.
 
D.
AI-77987
Claim of Rocio Juarez

Reference item 28.D.
 
27.
 
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:31m 32s)

Valde Guerra stated that no action was to be taken on item 27.A, nor on item 27.B.

The court proceeded to item 28.A. (Audio Reference 1h:31m 42s)
 
28.
 
Open Session: (Audio Reference 1h:27m 20s)

The court returned back from Closed Session at 5:25 P.M.

The court proceeded back to item 22.A. (Audio Reference 1h:27m 45s)
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 1h:31m 42s)

Valde Guerra stated that no action was to be taken on item 28.A.
 
B.
 
Pending and/or potential litigation (Audio Reference 1h:31m 52s)

Valde Guerra stated that no action was to be taken on item 28.B.
 
C.
 
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 1h:31m 55s)

No action was taken on item 28.C.
 
D.
AI-77988
Claim of Rocio Juarez  (Audio Reference 1h:32m 12s)

Valde Guerra requested for settlement authority to make an offer in the amount of $8,553.38, and stated if  the offer is accepted the amount will be made payable to Aguirre Law Group, PLLC.
 
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of the settlement amount of $8,553.38, and to make payable to Aguirre Law Group, PLLC if accepted for item 28.D.
                                                                              
Vote: 4 - 0 – Unanimously
 
29.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceed into item 29 - Closed Session.
 
30.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceed into item 30 - Open Session.

 
31.
 
Adjourn (Audio Reference 1h:32m 50s)

Judge Cortez adjourned the meeting at 5:30 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 27th 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 27, 2020.

Signed this 29th 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