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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - November 3, 2020

BE IT REMEMBERED, that on this 3rd day of November 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 DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE JOE M. FLORES

HONORABLE ELLIE TORRES
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
November 3, 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 09m:26s)

Commissioner Cantu called the meeting to order at 10:02 A.M.

All members of the court were present during roll call, with exception of Judge Cortez and Commissioner Flores. Commissioner Flores joined the meeting at a later time.
 
2.
 
Pledge of Allegiance (Audio Reference 09m:48s)

Commissioner Cantu led in the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 10m:10s)

Hidalgo County District Clerk, Laura Hinojosa offered the prayer.

The court proceeded to item 15.A. (Audio Reference 11m:48s)
 
4.
 
Approval of Consent Agenda (Audio Reference 30m:37s)

Valde Guerra requested that Consent Agenda items 10.A.1 & 10.A.2 be pulled for further discussion.

The court moved to approve the remainder of the Consent Agenda, excluding Consent Agenda items 10.A.1 & 10.A.2.

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 items 10.A.1 & 10.A.2.

Vote: 4 - 0 – Unanimously

The court proceeded to Consent Agenda items 10.A.1 & 10.A.2 for further discussion. (Audio Reference 31m:02s)
 
5.
 
Open Forum (Audio Reference 31m:27s)

First participant, Jerusalem Flores came before the court to express his concerns in regards to the increase of property taxes.

Second 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. Ms. McClaugherty also expressed her concerns on agenda items 6.D,13.A,17.A.1, & 17.H.1.

There was no action taken for item 5 - Open Forum.
 
6.
 
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 39m:10s)

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 items 6.A.1, 2, & 3.

Vote: 4 - 0 – Unanimously
 
B.
AI-78089
1. Discussion, consideration, and action to approve payment of certain COVID-19 related overtime hours to FLSA covered employees listed in Exhibit A in accordance with Section 7.51 of the Hidalgo County Civil Service Commission Rules and Section 8.40 of the Hidalgo County Personnel Policy Manual for overtime hours worked through December 31, 2020. 
2. Discussion, consideration, and action to waive Section 7.61 of the Hidalgo County Civil Service Commission Rules and to approve payment of certain COVID-19 related overtime hours to FLSA non-covered employees listed in Exhibit B for overtime hours worked through December 31, 2020. 
3. Discussion, consideration, and action to waive sections 7.41-7.42A of the Hidalgo County Civil Service Commission Rules and Sections 8.27-8.29 of the Hidalgo County Personnel Policy Manual and increase the Annual Leave Accrual Reserve Limit for calendar year 2020 for employees listed in Exhibit C as follows: (Audio Reference 39m:10s)
 
Years of Service Annual Leave Accrual Limits (Increase)
Less than 10 years of service 160 to 256
10 years of service but less than 15 years of service 240 to 348
15 or more years of service 320 to 440

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 6.B.1, 2, & 3.

Vote: 4 - 0 – Unanimously
 
C.
AI-78111
Approval to waive the 2021 contribution/donation of sick leave hours to the Sick Leave Pool for currently enrolled participants due to current level of Sick Leave Pool hours. Employees not currently enrolled and who wish to enroll must contribute sick leave hours as per the Sick Leave Policy. (Audio Reference 44m:45s)

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 6.C.

Vote: 4 - 0 – Unanimously
Attachments:
 
D.
AI-78074
Domestic Relations Office (1100):
Approval to award discretionary step 2 to employee no. 238104, Director, Domestic Relations Office after approval of HR criteria certification in accordance with Section 8.03 of the Classification and Compensation Plan, effective next full pay period 11/09/2020. (Audio Reference 46m:11s)

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 6.D.

Vote: 4 - 0 – Unanimously
 
E.
AI-78088
HIDTA Task Force (1291)/ HIDTA Chapter 59 (1251):  (Audio Reference 46m:58s)
Approval of the following personnel related actions, effective next full pay period 11/09/2020 and in 2021:
Action Dept./ Prg. Slot # Current Position Title Current Grade & Step Requested Position Title Requested Grade & Step
Reclassification 270-003 0011 Administrative Assistant IV G10/S07 Executive Assistant II G13/S01
270-011 0034

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 6.E.

Vote: 4 - 0 – Unanimously
Attachments:
 
F.
AI-78096
Urban County CDBG (1288)/ TxCDBG DISASTER RECOVERY (1288): (Audio Reference 47m:54s)
Approval of the following personnel related actions effective next full pay period and in 2021:
Action Dept./ Prg. Slot # Position Title Grade
Change from Part-Time to Full-Time 250-001 0021 Custodian I 01
Delete 250-001 0026 Coordinator II, UCP 11
Create 250-001 0034 Coordinator I, UCP 09
Create 250-001 0035 Executive Assistant I 11
Delete 250-006 0004 Clerk II 03
Delete 250-006 0003 Coordinator II, UCP 11
Delete 250-006 0006 Coordinator II. UCP 11

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 6.F.

Vote: 4 - 0 – Unanimously
Attachments:
 
7.
 
Urban County:
 
A.
AI-78051
Requesting approval of the First Amendment to the 2018 HOME Community Housing Development Organization (CHDO) Program Agreement between Hidalgo County Urban County Program (UCP) and Affordable Homes of South Texas, Inc., (AHSTI). (Audio Reference 49m:12s)

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 7.A.

 Vote: 4 - 0 - Unanimously
 
8.
 
Health & Human Services Department:
 
A.
AI-78076
Approval to submit request to realign available funds in the Immunization FY 21 grant program. (Audio Reference 49m:52s)

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 8.A.

Vote: 4 - 0 - Unanimously
Attachments:
 
B.
AI-78079
Approval to submit request to realign available funds in the COVID-19 grant program. (Audio Reference 50m:21s)

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 8.B.

Vote: 4 - 0 - Unanimously
 
Attachments:
 
C.
AI-78052
Approval to submit request to realign available funds in the TB State FY 21 grant program. (Audio Reference 50m:35s)

The court took action items 8.C, 8.D, & 8.E simultaneously.

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 items 8.C, 8.D, & 8.E.

Vote: 4 - 0 – Unanimously

 
Attachments:
 
D.
AI-78054
Approval to submit request to realign available funds in the RLSS / LPHS FY 21 grant program. (Audio Reference 50m:51s)

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 items 8.C, 8.D, & 8.E.

Vote: 4 - 0 – Unanimously
Attachments:
 
E.
AI-78046
Approval to submit request to realign available funds in the TB Federal FY 20 grant program. (Audio Reference 51m:02s)

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 items 8.C, 8.D, & 8.E.

Vote: 4 - 0 – Unanimously
Attachments:
 
F.
 
Indigent Health Care Program:
 
1.
AI-78062
Approval of County Indigent Health Care Program Confidentiality Agreement for Human Service employee(s)  #242802 and #122696. (Audio Reference 51m:30s)

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.F.1.

Vote: 4 - 0 – Unanimously
 
Attachments:
 
9.
 
Community Service Agency:
 
A.
AI-78091
Discussion, consideration, and possible action to accept donation in the amount of $200 in gift cards from H-E-B for the use of Operation COVID-19 Shield. (Audio Reference 51m:59s)

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 9.A.

Vote: 4 - 0 – Unanimously
 
 
B.
AI-78083
Discussion, consideration, and possible action to amend the 2020 Community Service Block Grant (CSBG) budget for program year of 2020. (Audio Reference 54m:16s)

Jaime Longoria with the CSA, stated for the record that there was an increase for the 2020 CSBG Budget: Under Personnel the increase was in the amount of  $2,971.80, Fringe was increased in the amount of $1,345.00, and a decreased in the amount of $4,317.00 for the Contractual Budget under B-6.

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 9.B.

Vote: 4 - 0 - Unanimously 
 
10.
 
Elections Administration:
 
A.
AI-78081
1. Elections:
A. Discussion on Election Updates. (Audio Reference 55m:27s)

Yvonne Ramon, with the Elections Department, presented an update to the court stating that 10 polling locations had a rocky start, and the department currently is working with the vendor to identify the issues. In addition, she stated that the additional laptops have been ordered to better serve the voters at the polling locations. Lastly, Mrs. Ramon stated that all 74 locations in Hidalgo County are open to all voters.

No action was taken on item 10.A.1.A

2. Center for Technlogy & Civic Life (CTCL) Grant (1283): (Audio Reference 1h:01m 33s)
A. Ratify and authorize the Hidalgo County Elections Department to pay overtime reimbursable under the Center for Technology and Civic Life (CTCL) grant terms and conditions.
B. Approval of intradepartmental transfer from the CTCL Grant to fund overtime and fringes expenses.

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 10.A.2.A & B.
                                                                              
 Vote: 4 - 0 – Unanimously
 
11.
 
Veterans Services:
 
A.
AI-78100
Department Head/Veterans Service Officer, Felix M. Rodriguez, presenting 3rd Quarter Office Report to Commissioners Court. (Audio Reference 1h:01m 33s) 

Please see attachment on item 11.A.

Felix Rodriguez, with Hidalgo County Veterans Services, presented before the court the 3rd Quarter Office Report by VetraSpec. In which the department assisted 755 veterans, conducted 2,523 Incoming/Outgoing Calls, 744 Claims Submitted, and $2,498,130.00 have been awarded.

No action was taken on item 11.A.
Attachments:
 
B.
AI-77980
Texas Veterans Commission (TVC) Broken Arrow Grant (1283): (Audio Reference 1h:07m 04s) 
Requesting authorization and approval of the continuation of the Texas Veterans Commission (TVC) Broken Arrow Grant for fiscal year 2021-2022 (7-1-2021 to 6-30-2022).

Samuel Perez, with the Veterans Service Department, requested the court's approval of accepting the Broken Arrow Grant in the amount of $500,000.00.

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.B.

Vote: 4 - 0 - Unanimously 
 
12.
 
Precinct #1 - Comm. Fuentes:
 
A.
AI-78108
Requesting approval of Memorandum of Understanding by and between Hidalgo County and Hidalgo County Drainage District No.1 as it relates to Funding for Texas General Land Office's CDBG-MIT 2015 and 2016 Floods State Mitigation Competitions. Main Floodwater Channel Expansion Projects - Phases 1 and 2. (Audio Reference 1h:09m 28s)

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 12.A.

Vote: 4 - 0 - Unanimously

The court proceeded to item 14.A. (Audio Reference 1h:10m 07s)
Attachments:
 
13.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-78072
1.  Public hearing regarding Local Parks Grant application being submitted to the Texas Parks & Wildlife Department (Audio Reference 18m:25s)

Commissioner Cantu opened the Public Hearing for item 13.A.1 at 10:11 A.M.

Public Hearing participant, Fern McClaugherty came before the court with the concerns of the lack of usage of the parks due to the current COVID-19 virus pandemic. In which Commissioner Cantu explained that the lengthy process will commence with the hope that the completion of the project will be at the end of the COVID-19 virus pandemic.

Commissioner Cantu closed the Public Hearing for item 13.A.1 at 10:13 A.M.

No action was taken on item 13.A.1.

2.  Public hearing regarding the application for a Texas Parks & Wildlife Grant to develop and improve Lopezville Park in        Hidalgo County Precinct 2.  A portion of the park being within the 100 year flood plain. (Audio Reference 21m:12s)

Commissioner Cantu opened the Public Hearing for item 13.A.2 at 10:14 A.M, therein being no participants, Commissioner Cantu closed the Public Hearing for item 13.A.2. at 10:14 A.M.

No action was taken on item 13.A.2.

3.  Requesting approval of a Resolution authorizing the submittal of a Local Parks Grant application to the Texas Parks & Wildlife Department (Audio Reference 21m:54s)

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 13.A.3.
                                                                              
 Vote: 3 - 0 – Unanimously

4.  Approval of Local Park Grant Program Applicant's Certification & Program Assurances (Audio Reference 22m:15s)

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 13.A.4.

Vote: 4 - 0 - Unanimously 

5.  Approval of Local Park Grant Program Assurance of Eligibility for Publicly Owned Land (Audio Reference 22m:27s)

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.A.5.

Vote: 4 - 0 - Unanimously 

6.  Approval of an Order restricting Drilling and Mining activities with the designated park area due to grant requirements. (Audio Reference 22m: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 13.A.6.

Vote: 4 - 0 - Unanimously 

7.  Authorization for the County Judge to sign all related documents. (Audio Reference 22m:54s)

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.A.7.

Vote: 4 - 0 - Unanimously 

The court proceeded to item 13.B. (Audio Reference 23m:31s)
 
B.
AI-78117
Proclamation declaring October as National Chiropractic Health Month. (Audio Reference 23m:31s)

Dr. Pablo Tagle read that Proclamation declaring October as National Chiropractic Health Month. 

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 13.B.
                                                                              
Vote: 4 - 0 – Unanimously

The court proceeded to item 4 - Approval of the Consent Agenda. (Audio Reference 30m:30s) 
Attachments:
 
14.
 
Precinct #3 - Comm. Flores:
 
A.
AI-78040
1.  Acceptance and approval of Permit with Hidalgo County Irrigation District No. 6 ("District") for Liberty Road Phase I and authorization for the County Judge to execute Permit. (Audio Reference 1h:10m 07s)

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 14.A.1.

Vote: 4 - 0 - Unanimously

2.  Approval for Hidalgo County to issue payment of $60,000.00 to Hidalgo County Irrigation District No. 6 for reimbursement of District's expenses related to construction of Liberty Road Phase I Project. (Audio Reference 1h:10m 31s)

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.A.2

Vote: 4 - 0 – Unanimously

The court proceeded to item 16  (Audio Reference 1h:10m 54s)
 
15.
 
Precinct #4 - Comm. Torres:
 
A.
AI-78093
Resolution in honor of Mrs. Estella G. Lopez for seventy-five (75) years of dedicated employment with Sierra Title of Hidaglo County, Inc. (Audio Reference 12m:13s)

Commissioner Torres and staff, read the Resolution honoring Mrs. Estella G. Lopez for 75 years of dedicated employment with Sierra Title of Hidalgo County, Inc. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of item 15.A.
                                                                              
Vote: 3 - 0 – Unanimously

The court then proceeded to item 13.A. (Audio Reference 18m:25s)
 
16.
 
Budget & Management:
 
A.
AI-78118
Discussion, consideration and approval of an Interlocal Cooperation Agreement between Hidalgo County and The University of Texas at Austin for participation in the Home to Texas Internship program. (Audio Reference 1h:10m 59s)

Commissioner Flores stepped away from the meeting and did not return. 

Sergio Cruz, with the Department of Budget and Management stated that this was a participation in the amount of  $10,000.00, and recommended approval subject to final legal review.

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, subject to final legal review.

Vote: 3 - 0 - Unanimously 
 
B.
AI-78086
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:12m 04s)

Sergio Cruz, with the Department of Budget and Management stated the amount of the expenditures listed on Exhibit A  to be $44,431.05.

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

Vote: 3 - 0 - Unanimously                                 
 
Attachments:
 
C.
AI-78075
TXDOT-Pct 4 FM676 (Ware Rd to Taylor RD.) (1315):
Approval of Agreement to Contribute Right of Way Funds (Fixed Price) between Hidalgo County and Texas Department of Transportation for FM 676 (Mile 5) from Taylor Road to Ware Road (CSJ #1064-01-043 / ROW CSJ #1064-01-047) and approval of Order authorizing the County Judge to sign agreement for said project. (Audio Reference 1h:12m 42s)

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.C.

Vote: 3 - 0 - Unanimously                                    
 
 
D.
AI-78092
Crim DA (1100) / DA CCP59 (1223):  (Audio Reference 1h:13m 15s)
1. Approval of back pay for employee #230693 in the amount of $2,222.30.
2. Approval of salary schedule changes in accordance with Hidalgo County Classification and Compensation Pay Plan effective 10/26/2020 and in 2021.
FROM TO
Action Dept/Prg Slot Position Title G/S Budgeted Salary Proposed Salary G/S
Budget Adjustment
(Lateral Transfer)
080-002 0173 Assistant District Attorney II 15/01 $47,668.00 $61,670.00 15/02
080-007 (delete) 0224 (delete) $11,917.00 $0 N/A

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on items 16.D 1 & 16.D.2.
                                                                              
 Vote: 3 - 0 – Unanimously
 
17.
 
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-78084
A. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024 (A)(4) a professional services;  (Audio Reference 1h:13m 51s)

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 17.A.1.A.
                                                                              
Vote: 3 - 0 – Unanimously

B. Acceptance of the sole "Statement of Qualifications"  received from Denika Adams, D.O. [contractual substitute for former Forensic Pathologist, Dr. Norma Jean Farley, MD] with approval to deem "Qualified" [after thorough review of submitted SOQ] in order to proceed to with finalizing a contract for "Contractor to Provide Turnkey Autopsy & Related Services" for Hidalgo County;  (Audio Reference 1h:14m 14s)

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.1.B

Vote: 3 - 0 - Unanimously 

C. Action to "waive" the scoring of the sole response received by the designated committee [CC-9/01/20 R/AI#77121] inasmuch as the complete review of the submitted SOQ is compliant with all contents of the RFQ [as stated herein];  (Audio Reference 1h:15m 20s)

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.1.C.

Vote: 3 - 0 - Unanimously 

D. Acceptance and approval of a contract with Denika Adams, D.O. [C-20-519-11-03] for Contractor to provide Turnkey Autopsy & Related Services for Hidalgo County subject to final review as to form by HC/DA//Civil Section and compliance with all statutory compliance. (Audio Reference 1h:16m 07s)

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.1.D.

Vote: 3 - 0 - Unanimously 

Legal Counselor, Victor Garza stated for the record, that Dr. Adams has previously provided services for Hidalgo County when she would substitute for Dr. Farley, and has demonstrated competence for the service.
 
2.
AI-78023
Acceptance and approval of an Interlocal Governmental Cooperation Agreement by and between Hidalgo County and  the Hidalgo County Appraisal District for year 2021 for participation  with/in the following: 
A.   Self Funded Medical Insurance Program, Stop Loss,  Pharmacy, Term Life, AD&D; and,
B.   Voluntary Products. (Audio Reference 1h:17m 32s)

Commissioner Fuentes abstained from any discussion and/or action on item 17.A.2. A & B.

Legal Counselor, Josephine Ramirez, confirmed that Commissioner Cantu and Commissioner Torres were the majority of the quorum, and could continue to take action on item 17.A.2.A & B.

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 17.A.2. A & B.

Vote: 2 - 0 - Unanimously 
 
3.
AI-78024
Presentation of the sole vendor, Center for Disease Detection, submitting the lowest and best bid for the purpose of award and approval of contract for Request for Bid titled: Hidalgo County -"Laboratory Services" through project No.: 2020-368-10-07-TDL. (Audio Reference 1h:18m 43s)

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.3.

Vote: 3 - 0 - Unanimously 
 
B.
 
County Judge's Office
 
1.
AI-78103
A.  "Discussion, consideration, and approval of a necessary CARES Act Relief Fund expenditure to cover costs not accounted for in the current budget and cannot be lawfully funded by a line item, allotment, or allocation, for the delivery of the purchase of a Mobile Command Unit (purchase approved on 08/25/2020, AI-77003), while operating testing sites, responding to food distribution locations and otherwise coordinating the Hidalgo County COVID-19 response, it is critical that the Office of Emergency Management maintains complete communication and information management capabilities; the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use."; (Audio Reference 1h:19m 10s)

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

Vote: 3 - 0 - Unanimously 

 
B.  Requesting exemption from competitive procurement requirements pursuant to TxLGC 262.024 (a)(1) & (2) as attached herein; (Audio Reference 1h:20m 04s)

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

Vote: 3 - 0 - Unanimously 

 
C.  Requesting approval of Change Order #1 in the amount of $4,424.39 for the delivery of the Mobile Command Unit through LDV, Inc., in accordance with their HGAC contract, AM10-18, to be processed via a Purchase Order Increase under PO#820505, with authority for Emergency Management Coordinator or County Executive Officer to execute CO#1, as required by the vendor. (Audio Reference 1h:20m 24s)

Valde Guerra stated that he was the individual requesting the Change Order.

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 17.B.1.C
                                                                              
 Vote: 3 - 0 – Unanimously
 
C.
 
Pct. 3
 
1.
AI-78067
Approval of Supplemental Agreement #2, C-15-427-12-15, L & G Engineering, to extend the termination date to December 14, 2021. (Audio Reference 1h:21m 19s)

Martha Salazar, with the Purchasing Department, stated a correction to agenda item 17.C.1, in which the agenda item should state December 14, 2022, and not December 14,2021.

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 17.C.1 with stated correction above.
                                                                              
 Vote: 3 - 0 – Unanimously
 
D.
 
Elections Department
 
1.
AI-78066
A,  "Discussion, consideration, and action to approve a necessary Help America Vote Act, aka, HAVA 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 Elections Department for the purchase of Mail Ballot Activity Portal  in order to assist with County function related to mitigating public health measures due to the on-going COVID-19 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:21m 55s)

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.1.A

Vote: 3 - 0 - Unanimously 

B.  Requesting exemption from competitive bidding requirements, pursuant to Texas LGV 262.024 (a)(1): an item that must be purchase 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:22m 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 17.D.1.B.

Vote: 3 - 0 - Unanimously 

C.  Requesting approval for the purchase of the Mail Ballot Activity Portal with Votec Corporation for a total of $ 9,502.60 for the upcoming 2020 presidential election through Req#422202. (Audio Reference 1h:23m 03s)

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.1.C.

Vote: 3 - 0 - Unanimously 
 
E.
 
Tax Office
 
1.
AI-78057
A. "Discussion, consideration, and action to approve 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 additional Two-Way Electronic Communicators for the new Weslaco Office as a function of government and of the County's efforts in mitigating the on-going COVID-19, the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use." (Audio Reference 1h:23m 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 17.E.1.A.

Vote: 3 - 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 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:24m 04s)

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.E.1.B.

Vote: 3 - 0 - Unanimously 

C. Requesting  clarification of AI# 77936 [CC 10-27-20] to purchase 12 Two-Way Electronic Communicators for the new Weslaco Tax Office from REFCO in the reflect the corrected amount of $16,037.00 through Requisition# 00421660. (Audio Reference 1h:24m 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 17.E.1.C.

Vote: 3 - 0 - Unanimously 
Attachments:
 
F.
 
Sheriff's Office
 
1.
AI-78101
Presentation of the responsible vendor submitting the lowest and best bid and approval of contract document w/#2020-494-11-03 [if required/issuance of a Purchase Order to evidence transaction or both] to Long Horn Bus Sales in connection with RFB #2020-494-10-21-20 titled:  Purchase of a Prisoner Transport Bus for the Hidalgo County Sheriff's Office. (Audio Reference 1h:24m 49s)

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.F.1.

Vote: 3 - 0 - Unanimously 
 
G.
 
Co. Wide
 
1.
AI-78019
Presentation of qualified responsible vendor, Loftin Equipment, submitting the best and lowest bid meeting all specifications and/or requirements for "Service, Repair, and Maintenance of County Generators" - Hidalgo County - Bid No.: 2020-507-10-07-TDL. (Audio Reference 1h:25m 30s)

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.G.1.

Vote: 3 - 0 - Unanimously 
 
H.
 
Facilities Management:
 
1.
AI-78060
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 a line item, allotment or allocation, for the purchase of Reme Halos and Ionizer in-duct air purifiers for Hidalgo County Facilities Management Department, in order to assist with County Public Health functions in mitigating the spread of 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."; and,  (Audio Reference 1h:25m 52s)

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 17.H.1.A.
                                               
Vote: 3 - 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:26m 37s)

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 17.H.1.B.
                                               
 Vote: 3 - 0 – Unanimously

C. Requesting approval to purchase Reme Halo & Ionizer in-duct air purifiers through Trane U.S. Inc. in the total amount of $160,583.77.  (Audio Reference 1h:26m 53s)

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 17.H.1.C.
                                               
 Vote: 3 - 0 – Unanimously
 
I.
 
Constables:
 
1.
AI-78097
Constable Pct. #1:
Requesting approval to purchase one (1) 2020 F-150 Police Responder (Crew Cab  model 4x4) vehicle through the County's membership/participation with the following cooperative: GoodBuy, contract #20-8F000 thru awarded vendor, Silsbee Ford in the total amount of $36,233.00 which includes delivery and a one time administration fee of $300.00. (Audio Reference 1h:27m 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 17.I.1.
                                               
 Vote: 3 - 0 – Unanimously
 
J.
 
Budget & Management:
 
1.
AI-78110
Requesting authority to exercise the second and final one (1) year extension as provided in the current contract C-18-140-07-03 under the same rates, terms and conditions with ETC Lite, LLC for “Healthcare Reform Employee Reporting Consultant”.(Audio Reference 1h:27m 52s)

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 17.J.1.
                                               
 Vote: 3 - 0 – Unanimously
 
18.
 
Executive Office:
 
A.
 
Presentation for discussion of the following: (Audio Reference 1h:28m 25s)
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 be taken on item 18.A 1 & 2.
 
B.
AI-78042
Approval to accept settlement check from Texas Farm Bureau Insurance Company in the amount fo $7,193.71 to settle auto claim with County vehicle. (Sheriff Office)  (Audio Reference 1h:28m 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 18.B

Vote: 3 - 0 - Unanimously 
 
C.
AI-78053
Approval of Hidalgo County Law Library Service Fee Schedule (Audio Reference 1h:28m 53s)

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 18.C.

Vote: 3 - 0 - Unanimously 

The court proceeded to item 20 - Closed Session. (Audio Reference 1h:29m 19s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.
                                                                              
 Vote: 3- 0 – Unanimously
Attachments:
 
19.
AI-78119
Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. CARES Act Funds
a. Memorandum of Understanding (MOU) with the Linn San Manuel Fire Department (Audio Reference 1h:31m 16s)

Valde Guerra stated approval subject to final legal approval for item 19.A.1.a

On motion by COMMISSIONER PCT. 4, ELLIE TORRES to proceed as directed, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 19.1.A.a, subject to final legal approval.

Vote: 3 - 0 - Unanimously 

B. Measures necessary to preserve public health and safety (Audio Reference 1h:32m 02s)

Valde Guerra stated that no action was to be taken on item 19.B.

C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 1h:32m 09s)

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 19.C.

The court proceeded to item 25 - Adjournment (Audio Reference 1h:32m 48s)
Attachments:
 
20.
 
Closed Session: (Audio Reference 1h:29m 28s)
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 11:23 A.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 proceed into Closed Session.

Vote: 3 - 0 – Unanimously
 
A.
 
Real Estate Acquisition

Reference item 22.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 22.B.
 
C.
 
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference item 22.C.
 
D.
AI-78115
Potential Litigation related to possible causes of action regarding contract 05-007-08-02; Juvenile Justice Center.

Reference item 22.D.
 
21.
 
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 07s)

Valde Guerra stated that no action was to be taken on item 21.A, nor on item 21.B.

The court returned back to item 19 (Audio Reference 1h:31m 16s)
 
22.
 
Open Session: (Audio Reference 1h:30m 16s)

The court returned from Closed Session at 12:07 P.M.

 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 1h:30m 27s)

Valde Guerra stated that no action was to be taken on item 22.A.
 
B.
 
Pending and/or potential litigation (Audio Reference 1h:30m 34s)

Valde Guerra stated that no action was to be taken on item 22.B.
 
C.
 
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 1h:30m 39s)

Reference item 19.
 
D.
AI-78116
Potential Litigation related to possible causes of action regarding contract 05-007-08-02; Juvenile Justice Center. (Audio Reference 1h:30m 53s)

Valde Guerra stated that he will proceed as directed.

No action was taken on item 22.D.

The court returned back to item 21 (Audio Reference 1h:31m 07s)
 
23.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceed into item 23 - Closed Session.
 
24.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceed into item 24 - Open Session.
 
25.
 
Adjourn (Audio Reference 01h:32m 49s)

The court adjourned the meeting at 12:10 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: 3 - 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 3rd day of November, 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 November 3, 2020.

Signed this 4th day of November 2020




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy