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Minutes for CC REGULAR AGENDA REGULAR MTG

REGULAR MEETING - December 29, 2020

BE IT REMEMBERED, that on this 29th day of December 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 ELLIE TORRES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

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
December 29, 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 04m:53s)

Judge Cortez called the meeting to order at 1:59 P.M.

All members of the court were present, with the exception of Commissioner Flores and Commissioner Cantu.
 
2.
 
Pledge of Allegiance (Audio Reference 05m:48s)

Air Force Veteran, Raul Silguero, led in the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 06m:45s)

Honorable Judge Marla Cuellar offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 08m:49s)

The court proceeded to approve the Consent Agenda.

 
5.
 
Open Forum (Audio Reference 10m:31s)

There were four Open Forum participants.

Participants, Ed Kuprel and Taylor Kramer, came before the court to express their concerns in regards to the measures that are being taken due to the COVID-19 pandemic in Hidalgo County.

Participant, Fern McClaugherty, came before the court to express her concerns on how the county is being operated under the court's administration during the COVID-19 pandemic, as well as for agenda items 12.B, 12.D, 12.E, & 15.D.

Participant, Gary Grove, came before the court to express his concerns in regards to the COVID-19 Memorial Billboard, and on alleged voter fraud during the November 3, 2020 Elections in Hidalgo County.

No action was taken on item 5 - Open Forum.

The court proceeded to item 19 - Closed Session. (Audio Reference 24m:00s)
 
6.
 
County Judge's Office:
 
A.
AI-78849
Discussion and approval of Tax Abatement Agreement between Hidalgo County and Merastar Insurance Company and approve Order on the same. (Audio Reference 26m:06s)

Laura Matamoros came before the court and explained the basis of the agreement. Ms. Matamoros explained that the $16M expansion occurring in Hidalgo County Pct.2 is projected to create approximately 380 jobs, and in support of the project, the county will be contributing with a 50% Tax Abatement for five years.  

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

Vote: 3 - 0 - Unanimously 
 
7.
 
District Attorney's Office:
 
A.
AI-78903
Approval of professional consulting services agreement between Rosa Isela Martinez and Hidalgo County by and through the Hidalgo County Criminal District Attorney's Office for research, development, writing, obtaining and administering of grants. (Audio Reference 27m:12s)

At the request of Rosalinda Cantu, no action was taken on item 7.A.
 
B.
AI-78909
Hidalgo County DA's Office - Region 3 - Border Prosecution Unit (BPU) Grant (1281):
Approval to submit a BPU Grant #2537809 budget adjustment to the Office of the Governor (OOG). (Audio Reference 27m:25s)

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 7.B.
                                                                              
Vote: 3 - 0 – Unanimously
 
Attachments:
 
C.
AI-78915
 DA- Invest. HB 65 (1223)/ Pre-Trial (1225)/ USDJ (1226):
1. DA- Investigation HB 65 Ch. 59 (1223)
Approval of 2021 appropriation of funds for the DA-CCP 59 (1223) budget.

2. DA Pre-Trial (1225)
Approval of 2021 appropriation of funds for the DA-Pretrial (1225) budget.

3. DA-US Justice (1256)
Approval of 2021 appropriation of funds for the DA-US Justice (1256) budget. (Audio Reference 27m:48s)

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 7.C.1, 2, & 3.
                                                                              
Vote: 3 - 0 – Unanimously
 
8.
 
HIDTA - Task Force:
 
A.
AI-78873
District Attorney Federal Sharing US Department of Justice Fund (1256):
1. Approval of 2021 appropriation of funds for the District Attorney Federal Sharing U.S. Department of Justice Fund Budget (1256).
2. Authorization and approval for the Hidalgo County Criminal District Attorney's Office HIDTA Task Force Agents to be paid instead of banking extra-duty hours from January 01, 2021 - December 31, 2021 (1256). (Audio Reference 28m:17s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 8.A. 1 & 2.
                                                                              
Vote: 3 - 0 – Unanimously
 
B.
AI-78874
HIDTA CCP 59 (1251):
1. Approval of 2021 appropriation of funds for the HIDTA CCP 59 Asset Forfeiture Fund Budget.
2. Authorization and approval to pay overtime for hours worked over 80 hours per pay period and to pay straight time instead of banking extra duty hours from January 1, 2021 - December 31, 2021 to deputies assigned to the Hidalgo County Criminal District Attorney's Office HIDTA Task Force from the following departments:
Constable Pct. 1, Constable Pct. 3, & Constable Pct. 4 (Audio Reference 29m:05s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 8.B. 1 & 2.
                                                                              
Vote: 3 - 0 – Unanimously
 
9.
 
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
AI-78880
Requesting approval of 2021 Elected Official Bond and Oath;
1. Celestino Avila - Constable, Precinct No. 1
2. Sonia Trevino - Justice of the Peace, Pct. 4, Pl. 1
3. Armando Marroquin - Judge, County Court at Law No. 10
4. Sergio J. Valdez - Judge, County Court at Law No. 7
5. Patricia Ocana-Olivarez - Judge, County Court at Law No. 9 (Audio Reference 30m:00s)

Valde Guerra stated a correction to item 9.A.2, in which the item should read Sonia Trevino - Justice of the Peace Pct. 3, Pl. 1, and not Pct 4, Pl.1.

Legal Counselor, Josephine Ramirez, affirmed approval subject to the correction.

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.A 1, 2, 3, 4, &5, subject to the correction.

Vote: 3 - 0 - Unanimously 
 
10.
 
Sheriff's Office:
 
A.
AI-78806
DOJ - USMS - U.S. Marshal (1284):
1. Approval to accept overtime funding from the U.S. Department of Justice, U.S. Marshals Service for one (1) officer in the amount of $17,500.00 per officer for FY 2021 (October 7, 2020 - September 30, 2021).
2. Requesting 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 DOJ-USMS overtime funds in the amount of $17,500.00 and appropriation of same. (Audio Reference 31m: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 10.A.1, 2, &3.

Vote: 3 - 0 - Unanimously 
 
B.
AI-78790
2019 Operation Stonegarden (1284):
Authorization and approval to submit a budget amendment (FRAG)  in reference to Operation Stonegarden 2019. (Audio Reference 32m:13s) 

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 10.B.

Vote: 3 - 0 - Unanimously 
Attachments:
 
11.
 
Constable Pct. #3:
 
A.
AI-78875
2020 -  Constable Pct. 3 (1282)
Approval to appropriate the budget for Constable Pct. 3's portion of the Coronavirus Emergency Supplemental Funding Program (CESF) FY20 in the amount of $9,963.00. (Audio Reference 32m:35s) 

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

Vote: 3 - 0 - Unanimously 
 
12.
 
Human Resources:
 
A.
 
Requesting waiver of the following, if applicable, for personnel items listed:
1. Civil Service Commission Rules - Section 3.22 (Audio Reference 33m:26s)

At the request of Raul Silguero, no action was taken on item 12.A.1.

2. Hidalgo County Personnel Policy Manual - Section 6.27
3. Budget Amendment Policy - Personnel Related Amendments (Audio Reference 33m: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 12.A.2 & 3.

Vote: 3 - 0 - Unanimously
 
B.
AI-78881
Approval to create the following full-time temporary positions, effective 01/01/2021 thru 03/31/2021 as follows: 

1. 275th District Court (1100): 
Action Dept./ Prg. Slot # Position Title Grade
Create 005-001 TBD Legal Assistant II 08

2. Approval for employee no. 243302 to continue employment in Legal Assistant II slot, effective 01/01/2021.  

3. Constable Pct. 1 (1100):
Action Dept./Prg. Slot # Position Title Rank
Create 291-001 TBD Deputy Constable 06

4. Approval for employee no. 209015 to continue employment in Deputy Constable slot, effective 01/01/2021.

5.  Veterans Service Office (1100): 
Action Dept./Prg. Slot # Position Title Grade
Create 370-001 TBD Clerk II 03
Create 370-001 TBD Clerk II 03

6. Approval for employees no. 229210 & 240524 to continue employment in Clerk II slots, effective 01/01/2021. (Audio Reference 34m:05s) 

Raul Silguero stated for the record that the Auditor's observations regarding the related forms have been completed and attached to the agenda.

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, 4, 5, &6.
                                                                              
 Vote: 3 - 0 – Unanimously
Attachments:
 
C.
AI-78890
Master Court I (1100):
Approval of the following personnel actions, effective next full pay period 01/04/2021:
Action Dept./ Prg. Slot # Position Title Grade Current Allowance Proposed Allowance
Delete Interpreter Allowance 031-001 0001 Bailiff 10 $6,000.00 $0.00
Add Interpreter Allowance 031-001 0002 Assistant Court Coordinator (Master) 11 $0.00 $6,000.00

(Audio Reference 36m: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 12.C.

Vote: 3 - 0 - Unanimously 
 
Attachments:
 
D.
AI-78899
Community Service Agency (CSA):
1. Approval to create one (1) full-time temporary position, effective 01/01/2021 thru 02/28/2021:
Action Dept./ Prg. Slot # Position Title Proposed Salary
Create 901-033 TBD Accountant I $5,144.00
 
2. Approval for employee no. 7012 to continue employment in Accountant I slot, effective 01/01/2021.

Raul Silguero stated that at the request of the agency, that no action was to be taken on item 12.D. (Audio Reference 37m:24s)
 
E.
AI-78906
Criminal District Attorney (1100)/ DA CCP59 (1223):
1. Approval of the following personnel actions effective 10/01/2020:
Action Dept./ Prg. Slot # Position Title Grade Current Supplemental Proposed Supplemental
Increase Supplemental  080-002 A168 Assistant District Attorney III 17 $3,795.00 $5,717.00
Increase Supplemental 080-002 0119 Assistant District Attorney III 17 $3,795.00 $5,740.00

(Audio Reference 37m:38s)

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 12.E.1.

Vote: 3 - 0 - Unanimously 

2. Approval of the following personnel actions, effective next full pay period 01/04/2021:
Action Dept./ Prg. Slot # Position Title Grade Current Supplemental Proposed Supplemental
Delete Supplemental  080-002 0009 Assistant District Attorney II 15 $9,700.00 $0.00
Add Supplemental 080-002 0109 Assistant District Attorney III 17 $0.00 $4,850.00
Add Supplemental 080-002 A123 Assistant District Attorney III 17 $0.00 $4,850.00

(Audio Reference 38m:56s)

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 12.E.2.

Vote: 3 - 0 - Unanimously 

3. Approval of the following personnel actions, effective next full pay period 01/04/2021:
Action Dept./ Prg. Slot # Current Position Title Current Grade Proposed Position Title Proposed Grade
Reclassification 080-002 0009 Assistant District Attorney II G15 Assistant District Attorney IV G19
Reclassification 080-002 A168 Assistant District Attorney III G17 Assistant District Attorney IV G19
080-007 0182

(Audio Reference 39m:40s)

Raul Silguero stated that the only pending action was a review by the committee, and recommended that the court consider waiving the review.

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.E.3.
                                                                              
Vote: 3 - 0 – Unanimously

4. Approval of the following personnel actions, effective next full pay period 01/04/2021:
Action Dept./ Prg. Slot # Position Title Grade Current Supplemental Proposed Supplemental
Delete Supplemental 080-002 A168 Assistant District Attorney IV 19 $5,717.00 $0.00
080-007 0182 $2,375.00 $0.00

(Audio Reference 41m:06s)

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 12.E.4.

Vote: 3 - 0 - Unanimously 
Attachments:
 
13.
 
Planning Department:
 
A.
AI-78792
1.) Public Hearing regarding the cancellation of a Portion of Texan Gardens Subdivision as required by Section 232.008 Texas Local Government Code. (Audio Reference 42m:11s)

T.J Arredondo came before the court and explained the cancellation of a Portion of Texan Gardens Subdivision. Mr. Arredondo stated that this was a cancellation of Abram Road between Mile 6 and Mile 7 in Precinct 3. Mr. Arredondo further stated that the department is working collaboratively with Precinct 3 and the Right of Way Agent on this project, and they as well have no objection to the cancellation. Lastly, Mr. Arredondo stated upon cancellation, the departments will work on an alternate route for the development.

Judge Cortez called the Public Hearing to order at 3:34 P.M. Therein being no participants, the Public Hearing was closed.

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

2.) Consideration and Possible action to approve an Order Confirming the cancellation of a Portion of Texan Gardens Subdivision. (Audio Reference 43m:22s)

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.2.
                                                                              
Vote: 3 - 0 – Unanimously
 
 
14.
 
Precinct #3 - Comm. Flores:
 
A.
AI-78913
Pursuant to Texas Local Government Code Section 157.903, requesting approval for indemnification of shortages and unaccounted permits totaling $2,255.00. (Audio Reference 43m:45s)

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 14.A.
                                                                              
Vote: 3 - 0 – Unanimously
 
 
15.
 
Budget & Management:
 
A.
AI-78872
Various Departments:
Approval of changes to the 2021 Salary Schedule as listed on Exhibit A. (Audio Reference 44m:22s)

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.
                                                                              
Vote: 3 - 0 – Unanimously
 
B.
AI-78876
Worker's Comp Adm (2202):
1. Approval of the following change in funding source as listed on Exhibit A.
2. Approval of interdepartmental transfer. (Audio Reference 45m:06s)

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 & 2.
                                                                              
Vote: 3 - 0 – Unanimously
 
C.
AI-78868
Crim Da (1100):
Approval of the following salary schedule changes, effective 01/01/2021:
FROM TO
Action Dept/Prg Slot Position Title G/S Budgeted Salary G/S Proposed Salary
Delete Longevity Slot 080-002 A154 Assistant District Attorney IV 19/01 $1,920.00 19/01 $0.00

(Audio Reference 45m:29s)

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.C.

Vote: 3 - 0 - Unanimously 
Attachments:
 
D.
AI-78635
1.  Approval and acceptance of Order dated November 12th, 2020 setting salary of County Auditor, Assistant Auditors, and Budget of the County Auditor for 2021.
2.  Approval and acceptance of Order dated November 12th, 2020 setting salary of Court Reporters for 2021.
3.  Approval of interdepartmental and intradepartmental transfers. (Audio Reference 45m:47s)

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.D.1, 2, &3.
                                                                              
Vote: 3 - 0 – Unanimously
 
E.
AI-78833
Approval to designate funds in 2020 for expenditures related to the following program:
 
Program# Program Amount
240-005 1115 Waiver $1,980,057.97
125-035 New Courthouse $1,804,142.57
200-002 IT Countywide $630,149.46

(Audio Reference 46m:19s)

Sergio Cruz stated a correction to the 1115 Waiver, in which the amount should state $1,977,713.38, and not $1,980,057.97.

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.E, with stated correction

Vote: 3 - 0 - Unanimously 
 
F.
AI-78624
2021 Budget Process:
1. Approval to designate the Budget Officer, subject to conditions and directions provided by Commissioners' Court, to transfer amount from certain budgeted items to other budgeted items as per Texas Local Government Code Section 111.070 (c)(2). (Audio Reference 46m:48s)

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.F.1.
                                                                              
Vote: 3 - 0 – Unanimously

2. Approval to designate General Fund, Special Revenue Funds and Enterprise Funds as the salary fund for their respective accounts as per Texas Local Government Code Section 154.042. (Audio Reference 47m:15s)

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.F.2.
                                                                              
Vote: 3 - 0 – Unanimously
 
G.
AI-78884
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 47m:34s)

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.G.

Vote: 3 - 0 - Unanimously 
 
H.
AI-78902
1.  Discussion, consideration, and action to approve the ratification of necessary CARES Act Relief Fund expenditures, for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency, 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 48m:10s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.H.1.

Vote: 3 - 0 - Unanimously 

2.  Discussion, consideration, and action to approve the Law Enforcement COVID-19 Compensation Program. (Audio Reference 48m: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 15.H.2.

Vote: 3 - 0 - Unanimously 

3.  Discussion, consideration, and action to approve the ratification of necessary CARES Act Relief Fund expenditures, for the Law Enforcement COVID-19 Compensation Program, 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 49m:12s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.H.3.

Vote: 3 - 0 - Unanimously 
 
I.
 
Budget Appropriations:
 
1.
AI-78835
Co.Wide Adm (1100):
Approval of 2020 unappropriation of funds from the Co.Wide Adm in the amount of $4,000,000.00. (Audio Reference 49m:46s)

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.I.1.
                                                                              
 Vote: 3 - 0 – Unanimously

The court proceeded back to Consent Agenda item 6.D. (Audio Reference 50m:15s)
Attachments:
 
16.
 
Purchasing Department - Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FORWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.
B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
 
A.
 
Hidalgo County
 
1.
AI-78731
Acceptance and approval of the negotiated contract with Auction House, LLC for "Real Time (Live) Online Auctions for Foreclosed Delinquent Properties"  for Hidalgo County subject to HC/DA Civil Section final review as to legal form. (Audio Reference 51m:09s) 

Martha Salazar stated that the contract will be made and sent back to the DA's office for his final approval, therefore Ms. Salazar recommended approval. 

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

Vote: 3 - 0 - Unanimously 
 
B.
 
Pct. 4
 
1.
AI-78907
Requesting approval of the agreement between Hidalgo County and Professional Appraisal Services, Inc. - C-20-683-12-29 for the provision of "On-Call Appraisal Review Services for projects located within Precinct 4. (Audio Reference 51m: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 16.B.1.

Vote: 3 - 0 - Unanimously 
 
 
2.
AI-78910
Requesting approval of the agreement between Hidalgo County and Milnet Architectural Services, PLLC - C-20-682-12-29 for the provision of "On-Call Architect Services for projects located within Precinct 4. (Audio Reference 52m:22s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 16.B.2.

Vote: 3 - 0 - Unanimously 
 
3.
AI-78914
Requesting approval of the agreement between Hidalgo County and Appraisal Haus - C-20-685-12-29 for the provision of "On-Call Appraisal Services for projects located within Precinct 4. Subject to submittal of HB1295 (Audio Reference 52m:45s)

Presented by Valde Guerra, the court moved to take action on item 16.B.3.

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.B.3.
                                                                              
 Vote: 3 - 0 – Unanimously
 
4.
AI-78916
Requesting approval of the agreement between Hidalgo County and Broaddus & Associates - C-20-691-12-29 for the provision of "On-Call Construction Management Services for projects located within Precinct 4. (Audio Reference 53m:28s)

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.B.4.

Vote: 3 - 0 - Unanimously 
 
 
5.
AI-78887
Requesting authority to purchase from Game Time c/o Total Recreation Products, Inc. an authorized reseller awarded vendor through OMNIA Cooperative Purchasing Program contract # 2017001134  in the amount of $432,288.86 for Precinct 4 subject to price verification. (Audio Reference 53m: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 16.B.5.

Vote: 3 - 0 - Unanimously 
 
6.
AI-78893
Requesting approval of the agreement between Hidalgo County and Raba-Kistner, Inc. - C-20-687-12-29 for the provision of "On-Call Construction Material & Geotechnical Testing Services for projects located within Precinct 4. (Audio Reference 54m:36s)

Martha Salazar took action for both agenda items 16.B.6 and 16.B.7 simultaneously. Please view agenda item 16.B.7. for the action result.
 
7.
AI-78898
Requesting approval of the agreement between Hidalgo County and Millennium Engineer Group, Inc. - C-20-686-12-29 for the provision of "On-Call Construction Material & Geotechnical Testing Services for projects located within Precinct 4. (Audio Reference 54m:36s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on items 16.B.6 and 16.B.7.

Vote: 3 - 0 - Unanimously 
 
8.
AI-78900
Requesting approval of the agreement between Hidalgo County and Halff Associates, Inc. - C-20-680-12-29 for the provision of "On-Call Engineering Services for Repairs, Renovations, Alterations, Additions, and/or Other Related  Services for projects located within Precinct 4. (Audio Reference 55m:17s)

Martha Salazar took action for both agenda items 16.B.8 and 16.B.9 simultaneously. Please view agenda item 16.B.9. for the action result.
 
9.
AI-78905
Requesting approval of the agreement between Hidalgo County and B2Z Engineering - C-20-681-12-29 for the provision of "On-Call Engineering Services for Repairs, Renovations, Alterations, Additions, and/or Other Related  Services for projects located within Precinct 4. (Audio Reference 55m:17s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on items 16.B.8 and 16.B.9.

Vote: 3 - 0 - Unanimously 
 
C.
 
IT Department
 
1.
AI-78917
Approval of Service Order Form to provide ethernet services to county-owned building being renovated due to the pandemic for used as the new Emergency Operations and Call Centers, located at 123 W. Mahl St. Edinburg, TX, with authority for Daniel Salinas, HC-IT Director, to sign required documentation subject to funding and compliance to form 1295. (Audio Reference 55m:56s)

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

Vote: 3 - 0 - Unanimously
 
D.
 
Health & Human Services Dept.
 
1.
AI-78886
A. Requesting approval to extend current hired staffing services for an additional (180 days) pursuant to action/taken on CC meeting of 06/23/20 [R/AI-76149] for HC-Dept of Health & Human Services [Note: hired staffing services currently being provided by the following awarded General Services Administration [GSA] Contract awarded vendors:
 
Vendor Title Quantity
Medtrust, LLC Licensed Vocational Nurse 8
ProHealth Medical Staffing, LLC Medical Technician I
Medical Assistant
5
3

(Audio Reference 56m:31s)

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

Vote: 3 - 0 - Unanimously

B. Requesting approval to process necessary Purchase Order Increases for an additional (180 Days) under PO# 818900 -Medtrust, LLC & PO# 819753 - Prohealth Medical Staffing, LLC for the extension of current hired staffing services, with option to increase staffing quantities as required. (Audio Reference 57m: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 items 16.D.1.B.

Vote: 3 - 0 - Unanimously
 
17.
 
Executive Office:
 
A.
 
Presentation for discussion of the following:
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects
2) Emergency situations occurring since last agenda meeting (Audio Reference 58m:02s)

Valde Guerra stated that no action was taken on items 17.A.1 & 2.
 
B.
AI-78639
Pursuant to Article §81.005(a) (Terms of the Court Meeting) of the Texas Local Government Code, consideration and entering of an Order into the minutes the designation of the day of the week and week of the month of Hidalgo County Commissioners Court Regular Term Meeting Tex. Loc Gov. Code ORDER OF THE COURT:
HIDALGO COUNTY COMMISSIONERS COURT
Week of the Month: _4th_
Day of the Week: _Tuesday_
Time of the Day: _2:00 P.M._ for the calendar year of 2021 (Audio Reference 58m: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 17.B, with set terms.
                                                                              
Vote: 3 - 0 – Unanimously
 
C.
AI-78799
Children's Advocacy Center d/b/a Estrella's House (1100):
1. Discussion, consideration, and action regarding funding request in the amount of $_70,000.00_ from the Children's Advocacy Center, d/b/a Estrella's House. (Audio Reference 59m:15s)

Valde Guerra stated that the funds would be utilized to fund a full time licensed counselor for the child abuse victims and  for early mental health intervention.

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.C.1.

Vote: 3 - 0 - Unanimously 

2. Discussion, consideration, and action on Declaration of Support to the Children's Advocacy Center, d/b/a Estrella's House.(Audio Reference 1h:01m 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.C.2.

Vote: 3 - 0 - Unanimously 

3. Approval to authorize County Treasurer to issue check in the amount of $_70,000.00_ to the Children's Advocacy Center d/b/a Estrella's House after review and processing procedures are completed by the County Auditor. (Audio Reference 1h:01m 38s)

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.C.3.

Vote: 3 - 0 - Unanimously 
 
D.
AI-78911
1. Discussion, consideration and action regarding additional COVID-19 Overtime Operations. (Audio Reference 1h:01m 59s)

Valde Guerra requested that court entertain a motion and action with respect to adding personnel within the Purchasing Department and the Facilities Management Office. He further stated if approved they would have a subsequent agenda item for the next court session to identify the individuals and the overtime hours.

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.

Vote: 3 - 0 - Unanimously 

2. Discussion, consideration, and action to approve the ratification of necessary CARES Act Relief Fund expenditures, for overtime hours incurred due to COVID-19 response, 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:02m 46s)

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.2.

Vote: 3 - 0 - Unanimously 
 
18.
 
Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. CARES Act Funds (Audio Reference 1h:03m 24s)

No action was taken on item 18.A.1.

B. Measures necessary to preserve public health and safety (Audio Reference 1h:03m 36s)

No action was taken on item 18.B.

C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 1h:03m 44s)

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

No action was taken on item 18.C.

The court proceeded to item 21.A. - Open Session. (Audio Reference 1h:04m 16s)
 
19.
 
Closed Session:
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: (Audio Reference 24m:00s)

The court proceeded into Closed Session at 2:17 P.M.

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

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

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

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

Reference item 21.C.
 
D.
AI-78861
Legal issues pertaining to Texas opioid multi-district litigation in the matter of County of Hidalgo v. Purdue Pharma, L.P., et al., In the 139th Dist. Court of Harris County, Texas, MDL No. 18-0358, and the Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet.

Reference item 21.D.
 
E.
AI-78894
Cause #C-0556-20-I; Harlin Doty v County

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

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

(Audio Reference 1h:06m 02s)

Valde Guerra stated that no action was to be taken on item 20.A. & 20.B.
 
21.
 
Open Session: (Audio Reference 25m:00s)

The court returned from Closed Session at 3:16 P.M.

Valde Guerra returned to the Consent Agenda to state a correction, thereafter, the court proceeded to Regular Agenda item 6.A.(Audio Reference 25m:17s)

 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 1h:04m 30s)

Valde Guerra stated that no action was to be taken on item 21.A.
 
B.
 
Pending and/or potential litigation (Audio Reference 1h:04m 38s)

Valde Guerra stated that no action was to be taken on item 21.B.
 
C.
 
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 1h:04m 38s)

Valde Guerra stated that action has already been addressed.

No action was taken on item 21.C.
 
D.
AI-78862
Legal issues pertaining to Texas opioid multi-district litigation in the matter of County of Hidalgo v. Purdue Pharma, L.P., et al., In the 139th Dist. Court of Harris County, Texas, MDL No. 18-0358, and the Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet. (Audio Reference 1h:04m 51s)

Valde Guerra stated that they will proceed as directed, and Legal Counselor Josephine Ramirez added that action was needed to approve the Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet, as well as the resolution in support of 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 21.D. with additional comments.
                                                                              
Vote: 3 - 0 – Unanimously
 
E.
AI-78895
Cause #C-0556-20-I; Harlin Doty v County (Audio Reference 1h:05m 49s)

Valde Guerra stated that no action was to be taken on item 21.E.
 
22.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

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

The court did not proceed to item 23 - Open Session.
 
24.
 
Adjourn (Audio Reference 1h:09m 10s)

Judge Cortez adjourned the meeting at 4:00 P.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to 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 29th day of December, 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 December 29, 2020.

Signed this 30th day of December 2020




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy