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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - January 12, 2021

BE IT REMEMBERED, that on this 12th 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 12, 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 21m:16s)

Judge Cortez called the meeting to order at 10:32 A.M.

All members of the court were present during the roll call.
 
2.
 
Pledge of Allegiance (Audio Reference 21m:39s)

Sgt. Victor Torres led in the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 22m:30s)

Valde Guerra offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 24m:14s)

The court proceeded to the approval of the Consent Agenda.
 
5.
 
Open Forum

(Audio Reference 25m:45s)
First Open Forum 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 on agenda items 12.E, 12.A, 12.H, 12.I, 12.J, 12.K, 17.A.2, & 17.A.3.

(Audio Reference 54m:42s)
Second Open Forum Participant, Maria Romero expressed her concerns of the President of the United States, Donald J. Trump's visitation to the Rio Grande Valley.

No action was taken on agenda item 5 - Open Forum
 
6.
 
County Judge's Office:
 
A.
AI-78967
Appointment of member to the Hidalgo County Regional Mobility Authority (RMA) Board. (Audio Reference 29m:39s)

Judge Cortez re-appointed Alonzo Cantu for another term.

On motion by JUDGE RICHARD CORTEZ, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to re-appoint Alonzo Cantu for another term.

Vote: 5 - 0 – Unanimously
Attachments:
 
7.
 
Precinct #4 - Comm. Torres:
 
A.
AI-78998
Resolution in honor of Mrs. Martha P. Sanchez for her dedicated service for La Union Del Pueblo Entero (LUPE) (Audio Reference 29m:59s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 7.A.

Vote: 5 - 0 – Unanimously

On behalf of Commissioner Torres and the court, Velinda Reyes read the Resolution in honor of Mrs. Martha P. Sanchez career. Ms. Sanchez expressed her gratitude towards the court for the recognition. 
 
8.
 
District Attorney's Office:
 
A.
AI-78962
Proclamation declaring January 2021 as National Slavery & Human Trafficking Prevention Month.(Audio Reference 36m:38s)

On behalf of the District Attorney's Office, Misti Palacios read the Proclamation declaring January 2021 as National Slavery & Human Trafficking Prevention Month.

District Attorney, Ricardo Rodriguez, Chief Prosecutor for Domestic Violence, Amy Cantu, Jesus Sanchez with the Children's Advocacy Center, and Co-Chairman of the RGV Anti Human Trafficking Task Force, Juan Cano, came before the court and expressed their gratitude towards the court for their collaborative efforts, as well as the different options that are available to educate the community, and bring awareness to help prevent slavery & human trafficking.

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 8.A.

Vote: 5 - 0 - Unanimously

The court returned to agenda item 5 - Open Forum (Audio Reference 54m:42s)

Commissioner Cantu stepped away from the meeting, and did not return until agenda item 10.A.
 
9.
 
Sheriff's Office:
 
A.
AI-78953
Sheriff's Office (1284):
Authorization and approval to accept a budget amendment (FRAGO #2) in reference to Operation Stonegarden FY 2019 grant. (Audio Reference 57m:18s)

Commissioner Cantu stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on item 9.A.

 Vote: 4 - 0 - Unanimously
 
10.
 
Constable Pct. #1:
 
A.
AI-78955
Approval to appropriate the budget for Constable Pct.1 Office portion of the  Coronavirus Emergency Supplemental Funding Program (CESF) FY 2020 in the amount of $9,973.00 (Audio Reference 57m:49s)

Commissioner Cantu rejoined the meeting.

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

Vote: 5 - 0 -Unanimously 
 
Attachments:
 
11.
 
Constable Pct. #4:
 
A.
AI-79027
Constable Precinct 4 - COVID Emergency Supplemental Funding (1282):
Approval to appropriate the budget for Constable Precinct 4's portion of the Coronavirus Emergency Supplemental Funding Program (CESF) FY 2020 in the amount of $9,954.00. (Audio Reference 58m:35s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 11.A.

Vote: 5 - 0 -Unanimously 
Attachments:
 
12.
 
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 59m:14s)

At the request of Erika Reyna from the Human Resource Department, no action was needed for agenda item 12.A.2, and only for agenda items 12.A.1 & 12.A.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 agenda items 12.A.1 & 12.A.3.

Vote: 5 - 0 – Unanimously
 
B.
AI-79035
CARES Act Relief Fund (1287):
1. Approval to create the following time-limited positions, effective upon Commissioner's Court approval through 12/31/2021:
Action Dept./ Prg. Slot # Position Title Grade
Create 115-096 0001 Deputy Emergency Management Coordinator II 13

(Audio Reference 59m:49s)
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 item 12.B.1.

Vote: 5 - 0 -Unanimously 

2. Approval to create the following time-limited positions effective upon Commissioners Court approval thru 03/31/2021:
Action Dept./ Prg. Slot # Position Title Grade
Create 115-096 0002- 0011 COVID-19 Clerk I 01

(Audio Reference 1h 00m:39s)
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 12.B.2

Vote: 5 - 0 - Unanimously

3. Approval of intradepartmental transfers. (Audio Reference 1h 01m:16s)

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 12.B.3.

Vote: 5 - 0 -Unanimously 
Attachments:
 
C.
AI-79089
Criminal DA (1100):
Approval of the following personnel actions, effective upon Commissioners Court approval:
Action Dept./ Prg. Slot # Position Title Grade Auto Allowance
Delete Position/Auto Allowance 080-002 0182 Assistant District Attorney III 17 $900.00
Delete Position/Auto Allowance 080-002 0187 Assistant District Attorney III 17 $900.00
Create Position/ Add Auto Allowance 080-002 TBD Assistant District Attorney II 15 $900.00
Create Position/ Add Auto Allowance 080-002 TBD Assistant District Attorney II 15 $900.00

(Audio Reference 1h 01m:38s)
Erika Reyna stated for the record that there are no auto allowances for slot # 0187, nor for slot # 0182.

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 12.C.

Vote: 5 - 0 – Unanimously
 
D.
AI-79061
464th District Court (1100): (Audio Reference 1h 02m:19s)
Approval of the following personnel actions, effective next full pay period 01/18/2021:
Action Dept./ Prg. Slot # Position Title Grade Current Allowance Proposed Allowance
Delete Interpreter Allowance 012-001 0003 Court Coordinator (DC) 16 $3,000.00 $0.00
Add Interpreter Allowance 012-001 0006 Bailiff II (DC) 13 $3,000.00 $6,000.00

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 12.D. 

Vote: 5 - 0 -Unanimously

(Audio Reference 1h 17m:35s)

For the record, Erika Reyna requested approval for slot #003, and re-read agenda item 12.D.

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.D.

Vote: 5 - 0 - Unanimously 

The court proceeded to agenda item 13.A. (Audio Reference 1h 18m:10s)
 
E.
AI-79008
County Judge (1100)/ Emergency Management (1100):
1. Approval of the following personnel actions, effective 01/01/2021: (Audio Reference 1h 02m:48s)
Action Dept./ Prg. Slot # Current Position Title Current Grade Requested Position Title Requested Grade
Reclassification 110-006 0044 Administrative Assistant III 08 Administrative Assistant IV 10
Reclassification 110-075 0009 Administrative Assistant III 08 Administrative Assistant IV 10

At the request of Erika Reyna, no action was taken on the reclassification of slot# 009.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 12.E.1.

Vote: 5 - 0 – Unanimously

2. Approval of the following personnel actions effective upon Commissioner's Court approval: (Audio Reference 1h 03m:24s)
Action Dept./ Prg. Slot # Position Title Grade
Delete 110-075 0009 Administrative Assistant III 08
Create 110-075 0011 Administrative Assistant IV 10

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: 5 - 0 - Unanimously
Attachments:
 
F.
AI-79022
County Court-at-Law #10 (1100): (Audio Reference 1h 03m:53s)
Approval of the following personnel actions, effective next full pay period 01/18/2021:
Action Dept./ Prg. Slot # Position Title Grade Current Allowance Proposed Allowance
Delete Interpreter Allowance 030-001 0003 Court Coordinator (CC) 15 $3,000.00 $0.00
Add Interpreter Allowance 030-001 0004 Assistant Court Coordinator (CC) 12 $0.00 $3,000.00

At the request of Erika Reyna, no action was taken on the reclassification of slot# 003.

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 12.F.

Vote: 5 - 0 – Unanimously
Attachments:
 
G.
AI-79049
Nuisance Abatement (1100): (Audio Reference 1h 04m:28s)
Approval of the following personnel actions effective upon Commissioners Court approval:
Action Dept./ Prg. Slot # Position Title Grade
Delete 125-039 0007 Administrative Assistant III 08
Create 125-039 0009 Nuisance Abatement Specialist I 09

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.G. 

Vote: 5 - 0 - Unanimously
Attachments:
 
H.
AI-79044
Health Benefits ADM (2201): (Audio Reference 1h 04m:58s)
Approval of the following personnel actions, effective next full pay period 01/18/2021:
Action Dept./ Prg. Slot # Position Title Grade
Create 115-009 0020 Multimedia Specialist I 11

Commissioner Torres asked if the position was included in the budget process, in which Sergio Cruz confirmed that it was not included in the budget process. He further stated that due to the on going COVID-19 pandemic the department is requesting approval of this position for outreach purposes, with the hopes of an increase in savings for the county.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 12.H. 

Vote: 5 - 0 -Unanimously
Attachments:
 
I.
AI-78987
Pct. 2 Road Maintenance (1200): (Audio Reference 1h 15m:09s)
Approval to create the following full-time temporary positions, effective 01/01/2021 thru 04/30/2021 as follows: 
Action Dept./ Prg. Slot # Position Title Grade
Create 122-006 T108 Maintenance I 03
Create 122-006 T109 Maintenance I 03

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 12.I. 

Vote: 5 - 0 -Unanimously
Attachments:
 
J.
AI-79016
Pct. 3 Drainage Improvements Project (1200)/ Pct. 3 Sanitation (1100): (Audio Reference 1h 15m:45s)
Approval of the following personnel actions, effective upon Commissioners Court approval:
Action Dept./ Prg. Slot # Position Title Grade Current Auto Allowance Proposed Auto Allowance
Delete  123-049 0001 Coordinator IV 15 $0.00 $0.00
Create 123-049 0021 Program Manager III 17 $0.00 $0.00
Create 123-001 0053 Division Manager I 14 $0.00 $0.00
Add Auto Allowance 123-005 0001 Chief Administrator 20 $0.00 $5,000.00

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 12.J. 

Vote: 5 - 0 - Unanimously
 
K.
AI-79020
Pct. 3 Road Maintenance (1200)/ 464th District Court (1100)/ County Court-at-Law #10 (1100) :
Approval to award discretionary steps for the employees listed below after approval of HR criteria certification in accordance with Section 8.03 of the Classification and Compensation Plan, effective upon Commissioners Court approval:
Action Dept./ Prg. Slot # Position Title Grade
Discretionary Step 4 123-005 0001 Chief Administrator 20
Discretionary Step 2 012-001 0004 Assistant Court Coordinator (DC) 13
Discretionary Step 2 012-001 0006 Bailiff II (DC) 13
Discretionary Step 2 012-001 0003 Court Coordinator (DC) 16
Discretionary Step 2 030-001 0004 Assistant Court Coordinator (CC) 12

(Audio Reference 1h 16m: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 12.K.

Vote: 5 - 0 - Unanimously

The court proceeded back to item 12.D. (Audio Reference 1h 17m:35s)
Attachments:
 
L.
AI-79021
Discussion, consideration, and action to approve the Hidalgo County Emergency Paid Sick Leave Phase II Program.

The court did not take action on agenda item 12.L until returning from Closed Session.

(Audio Reference 1h:36m:25s)

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.L.

Vote: 5 - 0 - Unanimously 

The court proceeded to Open Session - item 22.A. (Audio Reference 1h:36m:58s)
 
13.
 
Urban County:
 
A.
AI-78990
The Urban County Program requests approval of the Emergency Solutions Grant- Corona Virus Program Sub-Recipient Agreement with Catholic Charities of the Rio Grande Valley, a Non-Profit Agency, in the amount of $400,000.00 for Program Year (2020) retroactively effective November 1, 2020 to October 31, 2021(See attached Agreement. (Audio Reference 1h 18m:10s)

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 13.A.

Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI-79028
1. Requesting approval of the revised FY 2020- 2021 Housing and Urban Development funding allocation. (CDGB and HOME)
2. Authorization for County Judge Richard F. Cortez to sign any and all documents related to the FY 2020-2021 Hidalgo County Urban County, Housing and Urban Development. (Audio Reference 1h 18m:56s)

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 13.B.1 & 2.

Vote: 5 - 0 - Unanimously
 
C.
AI-78991
Consideration and approval of Construction Contract Change Order for the City of Peñitas Street Improvement Project. Change Order No. 1 will increase the current construction contract with 2GS, LLC dba Earthworks Enterprise in the amount of $121,955.25, and authorize the County Judge to sign any and all documents associated with the Change Order. (Audio Reference 1h 19m:36s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 13.C.

Vote: 5 - 0 - Unanimously
Attachments:
 
14.
 
Health & Human Services Department:
 
A.
AI-79047
Requesting approval to submit the TB State FY 22 grant renewal application and budget to the Texas Department of State Health Services.  The award amount is $905,346.00 with a required local match amount of $181,069.00 and the program period will run from September 1, 2021 to August 31, 2022. (Audio Reference 1h 20m: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 14.A.

Vote: 5 - 0 - Unanimously 
Attachments:
 
B.
AI-79059
Requesting approval to submit grant application to the Texas Department of State Health Services for the Immunization / COVID-19 project.  The award amount is $248,403.00 and the project end date is June 30, 2022. (Audio Reference 1h 21m:24s)

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 14.B.

Vote: 5 - 0 - Unanimously
Attachments:
 
C.
AI-78978
Requesting approval to submit the credentialing application to Aperture Health for Driscoll Health Plan with the purpose of billing healthcare services covered by Texas Medicaid Health Maintenance Organization and requesting authorization for Eduardo Olivarez, Chief Administrative Officer, to sign the application. (Audio Reference 1h 22m:05s)

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 14.C.

Vote: 5 - 0 - Unanimously
 
D.
AI-78963
Requesting approval to submit renewal grant application and budget for the Immunization program for fiscal year 2022.  The award amount is $649,320.00 and the program period will be in effect from September 1, 2021 to August 31, 2022. (Audio Reference 1h 22m:39s) 

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.D.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
15.
 
WIC:
 
A.
AI-78988
WIC Admin - Program 001 (1292):
Requesting retroactive approval to submit the FY 21 Extra Funding Utilization Survey to the Texas Health and Human Services for COVID and non - COVID related WIC operation needs. (Audio Reference 1h 23m:19s) 

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 15.A.
                                                        
Vote: 5 - 0 – Unanimously
Attachments:
 
16.
 
Budget & Management:
 
A.
AI-79085
Discussion, consideration and approval to apply for the US Treasury-Emergency Rental Assistance Program. (Audio Reference 1h 23m:54s) 

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 16.A.

Vote: 5 - 0 - Unanimously
 
 
B.
AI-78958
Pct. 1 Nolana (FM493-FM88) (1315):
Approval of 2020 interfund transfer from TxDot-Pct1 M6W (M11N-SH107), program 039 (1315) to Pct. 1 Nolanda (FM493-FM88) (1357) in the amount of $1,181,215.00 to fund oversight of engineering and Plans Specifications & Estimates. (Audio Reference 1h 24m:23s) 

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

Vote: 5 - 0 -Unanimously 
 
C.
AI-78954
Tax Office (1100):
Approval of back pay for employee #23159 in the amount of $664.98 effective 03/02/2020. (Audio Reference 1h 24m:49s) 

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 16.C.

Vote: 5 - 0 – Unanimously
 
Attachments:
 
D.
 
Budget Appropriations:
 
1.
AI-79048
Constable Pct. 1 & Pct. 3 TAMU (1285):
1. Approval of 2020 certification of revenues, as certified by the County Auditor, in the amount of $6,207.31 for Constable Pct. 1 and $4,656.70 for Constable Pct. 3 for a total of $10,864.01 in relation to the Memorandum of Understanding (MOU) between County and TAMU for security services. (Audio Reference 1h 25m:12s) 

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 16.D.1.1

Vote: 5 - 0 - Unanimously

2. Approval of 2020 deobligation of funds in the amount of $10,864.01 and appropriation into the Countywide Adm.-Contingency account. (Audio Reference 1h 25m:47s) 

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 16.D.1.2

Vote: 5 - 0 - Unanimously
 
2.
AI-78985
Enhanced Indigent Health Program (1100):
Approval to undesignate and appropriate the amount of $75,500.00 in the year 2021 from the 1115 Waiver Assigned Fund Balance for expenditures related to the County's Enhanced Indigent Health Program. (Audio Reference 1h 26m:09s) 

Commissioner Fuentes stepped away from the meeting.

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

Vote: 4 - 0 -Unanimously
Attachments:
 
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.
 
Pct. 2
 
1.
AI-79079
Martha Salazar read an item into the agenda: (Audio Reference 1h: 26m 46s)

A) "Discussion, consideration, and action to approve a necessary CARES Act Relief Fund expenditure to cover cost not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation, for the purchase of "Two Roll Off Containers" in order to assist with public health expenses addressing the ongoing COVID-19 public health emergency. The court having reviewed the agenda item briefing, which was uploaded onto the agenda, attached herein finds that such expenditure is reasonable and necessary for the intended use.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by JUDGE RICHARD CORTEZ, the Court made a UNANIMOUS vote of approval on the agenda item read in by Martha Salazar REVISED TO 17.A.1.A.

Vote: 4 - 0 -Unanimously 

B). Pursuant to previous action by [CC 05/05/20 R/AI #75390] requesting approval of an 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: 27m 52s)

Commissioner Fuentes rejoined the meeting. 

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 item 17.A.1.B.

Vote: 5 - 0 -Unanimously 

C). Requesting approval to purchase the following machinery two (2) 20 cubic yard extra heavy duty ROC 22' containers [more specifically described in quote attached] from Wastequip, awarded vendor, through the County’s membership/participation with Buyboard Cooperative under Contract #599-19 [Expires 11/30/2022] in the amount of $11,448.00 subject to compliance with form 1295. (Audio Reference 1h: 28m 26s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on item 17.A.1.C.

Vote: 5 - 0 - Unanimously
 
2.
AI-79071
Acceptance of submitted proposal and approval to award to 8A Builders, LLC through the TIPS/TAPS Contract #200201 with authority to process purchase order through the following requisition after verification of pricing is completed: (Audio Reference 1h:29m 05s)
Requisition No.  Amount  Description of Services
426485 $299,112.91 Landscaping & Irrigation System (including installation) for Pct 2 Regional Linear Park Project Phase II

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 item 17.A.2. 

Vote: 5 - 0 -Unanimously
 
3.
AI-79069
Acceptance and approval of Supplemental Agreement No. 1 for services under Work Authorization No. 1, Contract No. C-18-164-11-20 for B2Z Engineering, LLC, to include construction management and inspection for the landscaping and irrigation services, resulting in an  estimated cost increase in the amount of $29,890.30 for the Pct #2 Regional Linear Park Project - Phase II. (Audio Reference 1h:29m 42s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 17.A.3.

Vote: 5 - 0 – Unanimously
 
B.
 
Pct. 4
 
1.
AI-79009
Acceptance and approval of Work Authorization No. 1 under contract #C-20-439-10-27 between HC [Pct. #4] and RO Engineering, PLLC in connection with the following titled project: "Design & Construction of Bus Shelter" in San Carlos. (Audio Reference 1h:30m 19s)

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.1.

Vote: 5 - 0 - Unanimously 
 
C.
 
HIDTA
 
1.
AI-78995
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, banners, presentation folders, flyers, instructional & informational booklets/ pamphlets/ brochures, challenge coin boxes and spin wheel(s) for the period of 01/01/2021 - 12/31/21. The HIDTA Task Force Office participates in and conducts, throughout the year, numerous conferences, meetings, career days, career fairs, awareness events, trainings, instructional workshops, various committee meetings and orientations that focus on the criminal justice system as well as careers in those fields. (Audio Reference 1h:30m 47s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 17.C.1.

Vote: 5 - 0 – Unanimously
 
D.
 
Health & Human Services Dept.
 
1.
AI-79029
A. Requesting exemption from competitive bidding requirements, under Tx.LGC, 262.024(a)(4), a professional service; and, (Audio Reference 1h:31m 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.D.1.A.
                                                                              
Vote: 5 - 0 – Unanimously

B. Requesting approval of final negotiated professional services agreement with B2Z Engineering, LLC for Geotechnical Testing Services for Hidalgo County Health Department for Testing/Bio-Safety Laboratory Facility with the Construction Materials Testing component to be addressed/presented to CC after design services are accepted and approved by HC. (Audio Reference 1h:31m 42s)

Martha Salazar stated that the the Auditor's Office made an observation as to what would be the funding source, in which Sergio Cruz recommended that it be funded through the county's Capital Projects Fund.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on item 17.D.1.B.

Vote: 5 - 0 - Unanimously
 
2.
AI-79006
A. Approval of Second Amendment to Netsmart Technologies, Inc. Master Agreement C-20-227-06-30 (CC 06-30-20/R-AI-#75841 under CARES Act Relief Funds) to include the online scheduling software that will enable the general public to self register for the COVID 19 Vaccines at nearby locations which will facilitate the administration of the vaccines as well as ensuring the submission of data to the State of Texas Immunization Registry. (Audio Reference 1h:33m 23s)

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 17.D.2.A.

Vote: 5 - 0 -Unanimously 

B. Due to the on-going pandemic and efforts to protect the health and safety of the citizens of the county, requesting Ratification of issuance of Purchase Order #825846 so as to accelerate the process. (Audio Reference 1h:34m 07s)

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.D.2.B.
                                                                              
Vote: 5 - 0 – Unanimously
 
3.
AI-78056
Acceptance and approval of Work Authorization #2, C-20-204-06-09, with B2Z Engineering (Construction Manager), for the HHSD Testing and Bio-Safety Lab in the amount of $135,164.24. (Audio Reference 1h:34m 38s)

Martha Salazar stated that there was an observation made by the Auditor's Office, as to what would be the funding source, and stated that Sergio Cruz would confirm the source.

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 17.D.3.

Vote: 5 - 0 - Unanimously
 
18.
 
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 1h:35m 16s)

Valde Guerra stated that no action was to be taken on items 18.A.1 & 2.

The court proceeded to item 20 - Closed Session. (Audio Reference 1h:35m 25s)
 
19.
 
Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. CARES Act Funds (Audio Reference 1h 39m:46s)

Valde Guerra stated that no action was to be taken on item 19.A.1.

B. Measures necessary to preserve public health and safety (Audio Reference 1h 39m:56s)

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 40m:04s)

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 40m:54s)
 
20.
 
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 1h:35m 25s)

The court proceeded into Closed Session at 11:47 A.M.

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

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

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

Reference agenda item 22.C.
 
D.
AI-79097
Consultation with legal counsel regarding Raquel De Alba et al vs. Hidalgo County, Hidalgo County Drainage District No. 1 et al, Cause No. C-2480-18-I, pending in the 398th District Court of Hidalgo County, Texas, and deliberation regarding joint representation agreement.

Reference agenda item 22.D.
 
E.
AI-78956
Cause #C-0556-20-I; Harlin Doty v County

Reference agenda item 22.E.
 
F.
AI-79082
Cause #C-2838-19-D; Lydia Tummel, et al v Maria Escamilla, et al

Reference agenda item 22.F.
 
G.
AI-79086
Notice of claim -  Juan Martin Martinez AKA Edmund Oaks

Reference agenda item 22.G.
 
H.
AI-79033
Claim of Victor M. Contreras 

Reference agenda item 22.H.
 
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 39m:40s)

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

The court proceeded back to item 19. (Audio Reference 1h 39m:46s)
 
22.
 
Open Session: (Audio Reference 1h:36m:17s)

The court returned from Closed Session at 1:20 P.M.

The court proceeded back to agenda item 12.L.
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 1h:36m:25s)

Valde Guerra stated that no action was to be taken on item 22.A.

 
B.
 
Pending and/or potential litigation (Audio Reference 1h:37m:15s)

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:37m:20s)

Reference agenda item 19.
 
D.
AI-79098
Consultation with legal counsel regarding Raquel De Alba et al vs. Hidalgo County, Hidalgo County Drainage District No. 1 et al, Cause No. C-2480-18-I, pending in the 398th District Court of Hidalgo County, Texas, and deliberation regarding joint representation agreement. (Audio Reference 1h:37m:32s)

Valde Guerra requested the court to entertain a motion in acceptance of the joint representation agreement in this case.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 22.D to accept the joint representation agreement in this case.
                                                                              
Vote: 5 - 0 – Unanimously
 
E.
AI-78957
Cause #C-0556-20-I; Harlin Doty v County (Audio Reference 1h 38m:17s)

Valde Guerra requested the court to entertain a motion in settlement of Cause #C-0556-20-I; Harlin Doty v County in the amount of $65,000.00

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of settlement in the amount of $65,000.00

Vote: 5 - 0 - Unanimously
 
F.
AI-79084
Cause #C-2838-19-D; Lydia Tummel, et al v Maria Escamilla, et al (Audio Reference 1h 38m:43s)

Valde Guerra stated that the department will proceed as directed.
 
G.
AI-79087
Notice of claim -  Juan Martin Martinez AKA Edmund Oaks (Audio Reference 1h 38m:57s)

Valde Guerra stated for the record that Josephine Ramirez's Office will be protecting the countys' interest in this case. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval, with comment stated above.

Vote: 5 - 0 - Unanimously
 
H.
AI-79034
Claim of Victor M. Contreras (Audio Reference 1h 39m:20s)

Valde Guerra requested for settlement authority to make an offer in the amount of $1,799.99.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 22.H, with comment stated above.

Vote: 5 - 0 – Unanimously

The court proceeded back to item 21 (Audio Reference 1h 39m:40s)
 
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 1h 41m:17s)

Judge Cortez adjourned the meeting at 1:26 P.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 12th day of January, 2021

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 January 12, 2021.

Signed this 13th day of January 2021




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy