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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - January 5, 2021

BE IT REMEMBERED, that on this 5th day of January A.D., 2021, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
 
HONORABLE RICHARD F. CORTEZ

HONORABLE DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE
 EVERARDO “EVER” VILLARREAL

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
January 5, 2021
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 08m:25s)

Judge Cortez called the meeting to order at 10:05 A.M.

All members of the Court were present during Roll Call.
 
2.
 
Pledge of Allegiance (Audio Reference 09m:00s)

Apolonio Uresti, Jr., led in reciting the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 10m:25s)

Honorable 332nd District Court Judge, Mario Ramirez, offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 13m:13s)

The Court proceeded to approve the Consent Agenda.
 
5.
 
Open Forum (Audio Reference 13m:40s)

Open Forum participants, Fern McClaugherty and Gary Grove, came before the court to express their concerns on how the county is being operated under the court's administration during the COVID-19 pandemic.
 
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 20m:25s)

No action was taken on items 6.A.1. & 2.

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 6.A.3.

Vote: 5 - 0 – Unanimously
 
B.
AI-78934
Health Department - COVID Grant (1293): (Audio Reference 20m:49s)
1. Approval to create the following part-time temporary positions, effective 01/01/2021 thru 03/14/2021 as follows: 
Action Dept./ Prg. Slot # Position Title Grade
Create 340-076 TBD COVID-19 Clerk I 01
Create 340-076 TBD COVID-19 Clerk I 01
Create 340-076 TBD COVID-19 Clerk I 01

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 6.B.1.

Vote: 5 - 0 – Unanimously

The Court proceeded to item 6.C. (Audio Reference 21m:23s)

2. Approval for employees no. 245658, 214655 and 242810 to continue employment in COVID-19 Clerk I slots, effective 01/01/2021. (Audio Reference 22m:00s)

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 6.B.2.

Vote: 5 - 0 – Unanimously

The Court proceeded to item 6.D.1.  (Audio Reference 22m:22s)
 
C.
AI-78937
Community Service Agency (3300): (Audio Reference 21m:23s)
Approval of the following personnel actions, effective 01/01/2021:
Action Dept./ Prg. Slot # Position Title Salary
Delete 901-033 0003 Accountant IV $57,103.00
Create 901-033 0073 Division Manager II, Grants Accounting $66,604.00

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 6.C.

Vote: 5 - 0 – Unanimously

The Court proceeded to item 6.B.2.  (Audio Reference 22m:00s)
 
D.
AI-78933
Classification and Compensation Plan: (Audio Reference 22m:22s)
1. Approval to add the following position titles to the Classified Positions List effective upon Commissioners Court approval: 
Action Position Title Grade
Add Multimedia Specialist III 14
Add Director of Internal Operations I 16
Add Director of Internal Operations II 18

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 6.D.1.

Vote: 5 - 0 – Unanimously

Pct. 3 Road Maintenance (1200): (Audio Reference 22m:51s)
2. Approval of the following personnel actions, effective upon Commissioners Court approval:
Action Dept./ Prg. Slot # Position Title Grade
Create 123-005 TBD Executive Assistant I 11
Create 123-005 TBD Executive Assistant II 13
Create 123-005 TBD Division Manager I 14
Create 123-005 TBD Director of Internal Operations II 18
Create 123-005 TBD Multimedia Specialist III 14

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 6.D.2.

Vote: 5 - 0 – Unanimously
 
7.
 
Urban County:
 
A.
AI-78919
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 San Juan, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 32 (2019) San Juan Street Improvement Project funds. (Audio Reference 23m:30s)
 
Professional Service Firm Grade Ranked
SAMES Engineering 98.67%  
Gonzalez-De la Garza Engineering 93.67%  
R. Gutierrez Engineering 92.67%  

 On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on items 7.A.1. & 2.

Vote: 5 - 0 – Unanimously

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of SAMES Engineering for the provision of Engineering Service for an Urban County Program Year 32 (2019) San Juan Street Improvements project. (Audio Reference 24m:40s)

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 7.A.3.

Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI-78925
Authority to negotiate a professional engineering service contract with the second highest ranked firm of S & B Infrastructure, for the provision of engineering services for an Urban County Program Year 33 (2020) La Villa Street Improvements project. (Audio Reference 25m:06s)

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 7.B.

Vote: 5 - 0 – Unanimously
Attachments:
 
8.
 
Health & Human Services Department:
 
A.
AI-78938
Requesting approval of the Certification of Revenue in the amount of $437,771.00 as approved by County Auditor for the Tuberculosis Prevention and Control Federal FY 21 grant program and appropriation of the same and appropriation of the local match in the amount of $87,554.00. (Audio Reference 25m:58s)

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.

Vote: 5 - 0 – Unanimously
 
9.
 
Budget & Management:
 
A.
AI-78935
CARES Act Relief Funds (1287): (Audio Reference 26m:40s)
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.

Budget Officer, Sergio Cruz, stated the Exhibit A amount to be $50,133.98.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on item 9.A.

Vote: 5 - 0 – Unanimously
 
B.
AI-78918
Courthouse Security (1241): (Audio Reference 27m:18s)
Approval of salary schedule changes in accordance with Hidalgo County Classification and Compensation Pay Plan, effective 01/01/2021:
FROM TO
Action Dept/Prg Slot Position Title G/S Budgeted Salary G/S Proposed Salary
Step Increase 125-032 0002 Sergeant 10/03 $64,076.00 10/04 $65,037.00

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.

Vote: 5 - 0 -Unanimously 
 
C.
AI-78942
Crim DA (1100) / DA CCP59 (1223): Approval of the following change in funding sources as listed below, effective 01/04/2021. (Audio Reference 27m:39s)
 
  FROM TO
Supplemental Pay Dept/Prg Slot Position Title G/S Amount Amount
080-002 0119 Assistant District Attorney III 17/02 $5,740.00 $7,590.00
080-007 0138 $4,340.00 $2,490.00

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 9.C.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
D.
 
Budget Appropriations:
 
1.
AI-78921
Approval to undesignate funds in 2021 for expenditures related to the following program(s) and appropriation of the same: (Audio Reference 27m:58s)
 
Program# Program Amount
240-005 1115 Waiver $1,814,212.52
125-035 New Courthouse $2,060,000.00

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.D.1.

Vote: 5 - 0 -Unanimously 
 
10.
 
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.
 
Pct. 1
 
1.
AI-78936
Requesting authority to advertise and approval of Project No. 2020337 for the project titled: "ACCEPTANCE AND DISPOSAL OF MUNICIPAL SOLID WASTE RECEIVED AT PCT. 1 CITIZEN COLLECTION STATIONS TO TRANSFER," including re-adverting when/if applicable.  (Audio Reference 28m:50s)

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 10.A.1.

Vote: 5 - 0 -Unanimously 
 
B.
 
Pct. 3
 
1.
AI-78947
Pursuant to Article 1.4 of the current Contract #E-20-023-04-21, authority to terminate Lease Agreement of Land between HC Precinct #3 and Abel Rodriguez by issuing and sending the thirty (30) day Notice of Termination. (Audio Reference 29m:52s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 10.B.1.

Vote: 5 - 0 – Unanimously
Attachments:
 
C.
 
Pct. 4
 
1.
AI-78920
Pursuant to Texas Constitution, Article 3, Sect. 52, requesting acceptance and approval of "Public Purpose Declaration" for Fiscal Year 2020 to include the purchase through [the Requisition and Purchase Order protocol of Hidalgo County] of miscellaneous items with the affixing of any applicable identifying Precinct 4 Logos [i.e. printed materials, supplies and other related items as needed] which assist in the Precinct's efforts in disseminating information of road conditions, closures, paving and drainage improvements, educational and health awareness, public safety services and programs affecting the community including, but not limited to the following: (Audio Reference 30m:18s)
A.  Ribbon Cutting/Ground breaking Events;
B.  Precinct Project Updates and Expos;
C.  CRC a/k/a Endowment Center (on Sunflower Road) -Numerous Events;
D.  Employee/Public Recognition Plaques;
E.  Pictures, Displays, Frames, Banners, Tables Cloth Covers/Skirts and other related items.

Reference item 10.D.1.
Attachments:
 
D.
 
District Attorney
 
1.
AI-78945
Requesting Commissioners Court's approval, pursuant to Article 3, Section 52(a) of the Texas Constitution, to purchase promotional items to include journals/ notebooks, drawstring backpacks, plastic bottles, ceramic mugs, magnets, pencils, tent(s), lapel pins, lanyards, banners, table covers, plastic bags, customized picture/ article frames, recognition plaques, recognition challenge coins, banners, presentation folders, flyers, instructional & informational booklets/ pamphlets/ brochures, challenge coin boxes and spin wheel(s) for the period period of 01/01/2021 - 12/31/2021. The District Attorney's Office participates in and conducts, throughout the year, numerous conferences, meetings, career days, career fairs, health fairs, awareness events, trainings, instructional workshops, various committee meetings and orientations that focus on the criminal justice system and victims’ services as well as careers in those fields. (Audio Reference 30m:18s)

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 items 10.C.1. & 10.D.1.

Vote: 5 - 0 -Unanimously 
 
11.
 
Executive Office:
 
A.
 
Presentation for discussion of the following: (Audio Reference 31m:56s)
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 there was no action to be taken on items 11.A.1 & 2.

The Court proceeded to item 11.D. (Audio Reference 32m:03s)
 
B.
AI-78885
Presentation by Burton McCumber & Longoria, LLP of the County’s 2019 Comprehensive Annual Financial Report and Single Audit (Audio Reference 37m:03s)

Mr. Longoria with Burton McCumber & Longoria, LLP, came before the Court to present the County's 2019 Comprehensive Annual Financial Report and Single audit from December 31, 2019.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to accept the audit report. 
                                                                              
 Vote: 5 - 0 – Unanimously

The Court proceeded to item 13 - Closed Session. (Audio Reference 55m:36s)
 
C.
AI-78638
Approval of 2021 Library Interlocal Agreements between Hidalgo County and the following cities:
Alamo, Donna, Edinburg, Elsa, Hidalgo, La Joya, McAllen, Mercedes, Mission, Penitas, Pharr, San Juan and Weslaco (Audio Reference 34m:26s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 11.C.

Vote: 5 - 0 – Unanimously

The Court proceeded to items 11.E., F., & G.  (Audio Reference 36m:32s)
 
D.
AI-78640
Approval of 2021 Museum Funding Agreement between County of Hidalgo and Museum of South Texas History in the amount of $460,000.00 (Audio Reference 32m:03s)

Francisco Guajardo came before the Court to speak on behalf of the Museum of South Texas History and their future as a Historical Organization in Hidalgo County.

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 11.D.
                                                                              
 Vote: 5 - 0 – Unanimously

The Court proceeded to item 11.C. (Audio Reference 34m:25s)
 
E.
AI-78641
Approval of 2021 Museum Funding Agreement between County of Hidalgo and the Donna Hooks Fletcher Museum in the amount of $10,000.00 (Audio Reference 36m:32s)

Reference item 11.G.
 
F.
AI-78642
Approval of 2021 Museum Funding Agreement between County of Hidalgo and the Mission Historical Museum in the amount of $10,000.00 (Audio Reference 36m:32s)

Reference item 11.G.
 
G.
AI-78648
Approval of 2021 Museum Funding Agreement between County of Hidalgo and the McAllen Heritage Center in the amount of $10,000.00 (Audio Reference 36m:32s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3,  EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on items 11.E., F., & G.

Vote: 5 - 0 -Unanimously 

The Court proceeded to item 11.B. (Audio Reference 37m:03s)
 
12.
 
Discussion, consideration and possible action regarding: (Audio Reference 57m:15s)
A. County response to disaster/health emergency:
1. CARES Act Funds

Valde Guerra stated that there was no action to be taken on item 12.A.1.

B. Measures necessary to preserve public health and safety (Audio Reference 57m:26s)

Valde Guerra stated that there was no action to be taken on item 12.B.

C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 57m:32s)

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.

The Court proceeded to item 16. (Audio Reference 58m:08s)
 
13.
 
Closed Session: (Audio Reference 55m: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 retired into Closed Session at 10:53 A.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to retire into Closed Session.

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

Reference item 15.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 15.B.
 
C.
 
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference item 15.C.
 
D.
AI-78948
Cause No.CL-19-2490-A; Gabriel Garcia Espinoza v. Hidalgo County

Reference item 15.D.
 
14.
 
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 57m:03s)

Valde Guerra stated that there was no action to be taken on items 14.A. & B.

The Court proceeded to item 12. (Audio Reference 57m:15s)
 
15.
 
Open Session: (Audio Reference 56m:22s)

The Court returned from Closed Session at 11:44 A.M.
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 56m:28s)

Valde Guerra stated that there was no action to be taken on item 15.A.
 
B.
 
Pending and/or potential litigation (Audio Reference 56m:34s)

Valde Guerra stated that there was no action to be taken on item 15.B.
 
C.
 
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 56m:38s)

Reference item 12.
 
D.
AI-78950
Cause No.CL-19-2490-A; Gabriel Garcia Espinoza v. Hidalgo County (Audio Reference 56m:50s)

Valde Guerra stated that the Court was to proceed as directed. 

The Court proceeded to items 14.A. & B. (Audio Reference 57m:03s)

 
 
16.
 
Closed Session: (Audio Reference 58m:08s)
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The Court did not proceed into item 16 - Closed Session.
 
17.
 
Open Session: (Audio Reference 58m:10s)
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The Court did not proceed into item 17 - Open Session.
 
18.
 
Adjourn (Audio Reference 58m:14s)

Judge Cortez adjourned the meeting at 11:49 A.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES,seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to adjourn the meeting.

Vote: 5 - 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 5th day of January, 2021

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


By: ______________________________
Victoria Brewster, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on January 5, 2021.

Signed this 6th day of January 2021




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


By: ____________________________
(Seal) Victoria Brewster, Deputy