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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - February 2, 2021

BE IT REMEMBERED, that on this 2nd day of February 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
February 2, 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 19m:55s)

Judge Cortez called the meeting to order at 10:43 A.M.

All members of the Court were present during Roll Call.
 
2.
 
Pledge of Allegiance (Audio Reference 20m:18s)

Judge Cortez led in reciting the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 21m:20s)

Honorable Judge Rudy Gonzalez, offered the prayer.

Judge Cortez offered a moment of silence honoring Gilbert Saenz Jr.

The Court proceeded to item 7.A. (Audio Reference 23m:12s)
 
4.
 
Approval of Consent Agenda (Audio Reference 50m:30s)

The Court proceeded to approve the Consent Agenda.

Valde Guerra requested to pull Consent Agenda items 8.D., 9.B.1. & 2., & 10.I. for further discussion.

The Court proceeded to item 6.A. (Audio Reference 52m:42s)

 
5.
 
Open Forum (Audio Reference 38m:18s)

Open Forum Participant, JP Rodriguez representing Texas Municipal Police Association, came before the Court to express his gratitude and personally thank the Court for the Compensation Plan for Law Enforcement and First Responders. Rodriguez presented the Court with a piece of Art work on behalf of the Texas Municipal Police Association to show appreciation for the Court and their work with First Responders.

Open Forum Participant, Fern McClaugherty, came before the court to express her concerns on how the county is being operated under the courts' administration during the COVID-19 pandemic, as well as agenda items 6.A., 19.B., 19.G.2., & 19.G.1.

Commissioner Torres returned to the meeting.

Open Forum Participant, Gary Groves came before the Court to express his concerns on the COVID-19 pandemic and possible medications for treatment.

Commissioner Torres stepped away from the meeting.

Judge Cortez stepped away from the meeting.

Open Forum Participant, Consuelo Duran from "Eduardo 8" in Precinct 3, came before the Court to introduce herself to Commissioner Villarreal and express how she looks forward to working with him in the future.

Judge Cortez rejoined the meeting.

Due to technical difficulties, Open Forum Participant, Carmel Chavez was invited to re-join the meeting at a later time.

The Court proceeded to item 4 - Approval of the Consent Agenda. (Audio Reference 50m:30s)

Open Forum Participant Carmel Chavez with the LUPE Organization, came before the Court to introduce herself to Commissioner Everardo Villarreal and personally thank him for reaching out to them. (Audio Reference 1h:06m:10s)

The Court proceeded to item 7.B. (Audio Reference 1h:07m:30s)
 
6.
 
County Judge's Office:
 
A.
AI-79381
Discussion, consideration and possible action on Waiver of Delinquent Property Tax Penalties and Interest. (Audio Reference 52m:42s)

Commissioner Fuentes returned to the meeting. 

Paul Villarreal came before the Court to clarify that certain requirements are required for exemptions to be put in to place. Villarreal also stated that there are various payment methods for individuals trying to paying their taxes. 

No action was taken upon discussion. 

The Court proceeded to item 5 - Open Forum. (Audio Reference 1h:06m:10s)
 
7.
 
Precinct #3 - Comm. Villarreal:
 
A.
AI-79414
Proclamation honoring Mission Police Officer Lt. Javier Ramon (Audio Reference 23m:12s)

Commissioner Everardo Villarreal came before the Court to read a Proclamation honoring Mission Police Officer Lt. Javier Ramon. 

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 7.A.
                                                        
 Vote: 5 - 0 – Unanimously

The Court proceeded to item 8.A. (Audio Reference 32m:40s)
 
B.
AI-79415
Discussion, consideration and approval of appointment to the Hidalgo County Tax Increment Reinvestment Board - Penitas (Audio Reference 1h:07m:30s)

Commissioner Everardo Villarreal of Precinct 3, came before the Court to appoint Marcos Ochoa to the Hidalgo County Tax Increment Reinvestment Board in Penitas.

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 the appointment of Marcos Ochoa to the Hidalgo County Tax Increment Reinvestment Board in Penitas.

Vote: 5 - 0 – Unanimously

The Board proceeded to item 9.A. (Audio Reference 1h:08m:09s)
 
8.
 
Precinct #4 - Comm. Torres:
 
A.
AI-79314
Resolution in honor of Mrs. Lydia Maldonado for her dedicated public service in the unincorporated areas within the County of Hidalgo  (Audio Reference 32m:40s)

Dr.Colbertson came before the Court to present a Resolution in honor of Mrs. Lydia Maldonado for her dedicated public service in the unincorporated areas within the County of Hidalgo. 

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.
                                                                              
 Vote: 5 - 0 – Unanimously

Commissioner Torres stepped away from the meeting.

The Court proceeded to item 5 - Open Forum. (Audio Reference 38m:18s)
 
9.
 
District Courts:
 
A.
AI-79349
449th District Court - Juvenile Mental Health Court Program: 
1. Authorization to submit grant application to the Office of the Governor, Public Safety Office Criminal Justice Division Specialty Courts Program in relation to the FY 2022 Hidalgo County LIFELINES Girls Juvenile Mental Health Court Program.

Reference item 9.B.3.

2. Approval for Resolution in Support of the Hidalgo County LIFELINES Girls Mental Health Court Program and to designate County Judge as the grantee's authorized official and to sign documents.

Reference item 9.B.3.

3. Approval of CEO/Law Enforcement Certification and Assurances Form and to designate the County Judge as the grantee's authorized official and to sign documents. 

Reference item 9.B.3.
 
B.
AI-79348
449th District Court - Juvenile Drug Court Program:
1. Authorization to submit grant application to the Office of the Governor, Public Safety Office Criminal Justice Division Specialty Courts Grants Program for FY 2022 in relation to the Hidalgo County Juvenile Drug Court Program. 

Reference item 9.B.3.

2. Approval of Resolution in Support of the Hidalgo County Juvenile Drug Court Program and to designate County Judge as the grantee's authorized official and to sign documents. 

Reference item 9.B.3.

3. Approval of CEO/Law Enforcement Certifications and Assurances Form and to designate the County Judge as the grantee's authorized official and to sign documents. (Audio Reference 1h:08m:09s)

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 9.A.1., 2. & 3. and 9.B.1., 2., & 3.

Vote: 5 - 0 -Unanimously 
 
10.
 
District Attorney's Office:
 
A.
AI-79360
DA - Victim Assistance Program (VAP) Grant (1281):
Approval to submit a VAP Grant #2924303 grant adjustment to the Office of the Governor (OOG). (Audio Reference 1h:13m:00s)

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 10.A.

Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI-79322
DA - Victim's Unit Court Advocate Project (VUCAP) Grant (1281):
Approval to submit a VUCAP Grant #3596402 grant adjustment to the Office of the Governor (OOG). (Audio Reference 1h:13m:30s)

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 10.B.

Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI-79241
DA's Office - Border Prosecution Unit Grant (1281):
1. Requesting approval to apply for the FY 2022 Border Prosecution Unit Grant.
2. Requesting approval of resolution to designate County Judge as the grantee's authorized official and to sign documents.(Audio Reference 1h:13m:30s)

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 items 10.C.1. & 2.

Vote: 5 - 0 – Unanimously
 
11.
 
District Clerk - Laura Hinojosa:
 
A.
AI-79114
1. Public hearing regarding the District Court Records Archive Preservation & Restoration Plan, in accordance with Texas Government Code §51.305(f). (Audio Reference 1h:14m:24s)

Judge Cortez called the Public Hearing to order at 11:39 A.M. There were no Public Comments made. Judge Cortez closed the Public Hearing at 11:39 A.M.

2. Discussion, consideration, & approval of the District Court Records Archive Preservation & Restoration Plan, pursuant to Texas Government Code §51.305. (Audio Reference 1h:15m:36s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 11.A.2.

Vote: 5 - 0 -Unanimously 

3. Approval of 2021 appropriation of funds for the District Clerk Record Archive in the amount of $104,899.31 to fund archival imaging & indexing of case files. (Audio Reference 1h:15m: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 11.A.3.

Vote: 5 - 0 – Unanimously
 
12.
 
Sheriff's Office:
 
A.
AI-79337
Sheriff's Office - LBSP (1284):
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY 22 Grant with the Office of the Governor's Homeland Security Grants Division (HSGD), through egrants. 
2. Authorization for County Judge to e-sign application under egrants as authorized official.
3. Approval of Resolution for LBSP FY 22 Grant to designate Judge Richard Cortez as grantee's authorized official and to sign required document (Funding period September 1, 2021 - August 31, 2022.).(Audio Reference 1h:16m:25s)

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 items 12.A.1., 2. & 3.

Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI-79341
State Criminal Alien Assistance Program (SCAAP) Grant (1284): 
1. Approval of Certification of Revenues, as certified by the County Auditor, for the State Criminal Alien Assistance Program (SCAAP) FY 2019 Grant in the amount of $348,589.00 and appropriation of same. 
2. Authorization and approval to submit a budget amendment in reference to State Criminal Alien Assistance Program (SCAAP) 2019. (Audio Reference 1h:17m:37s)

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 12.B.1. & 2.

Vote: 5 - 0 – Unanimously
 
C.
AI-79340
1. Requesting acceptance and approval of purchase of plaques for employee recognition for years of service with the Hidalgo County Sheriff's Office. 
2. Requesting acceptance and approval of public purpose purchase of challenge coins in recognition of  Hidalgo County Adult Detention Officers.(Audio Reference 1h:18m: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 12.C.1. & 2.

Vote: 5 - 0 -Unanimously 
 
D.
AI-79213
Requesting authorization for the County Judge as Chief Executive Officer and Sheriff J.E. "Eddie" Guerra as Head of Department to sign the CEO Law Enforcement Certifications and Assurances Form for participation in all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security (DHS). (Audio Reference 1h:18m:48s)

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.D.

Vote: 5 - 0 – Unanimously
Attachments:
 
E.
AI-79378
Requesting authorization for the County Judge as Authorized Official to sign the Prohibited Telecommunications and Video Surveillance Services and Equipment Certification Form for participation in all federal grants. (Audio Reference 1h:19m:19s)

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.E.

Vote: 5 - 0 – Unanimously
Attachments:
 
13.
 
Constable Pct. #1:
 
A.
AI-79294
Requesting approval for the County Judge to execute FY 2020 Equitable Sharing Agreement and Certification Report. (Audio Reference 1h:19m:52s) 

Valde Guerra stated that the Court was to take no action on item 13.A.
Attachments:
 
14.
 
Constable Pct. #2:
 
A.
AI-79379
Constable Pct. 2 - LBSP (1284):
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY 2022 Grant with the Office of the Governor's Homeland Security Grants Division (HSGD), through e-grants. 
2. Authorization and approval for County Judge, as authorized official, to e-sign application form and related documents under
e-grants. 
3. Approval of Resolution for LBSP FY 2022 Grant to designate Judge Richard Cortez as grantee's authorized official and to sign required documents. (Audio Reference 1h:20m:02s)

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 items 14.A.1., 2., & 3.

Vote: 5 - 0 – Unanimously

 
Attachments:
 
15.
 
Human Resources:
 
A.
 
Requesting waiver of the following, if applicable, for personnel items listed:
1. Civil Service Commission Rules - Section 3.22

The Court took no action on item 15.A.1.

2. Hidalgo County Personnel Policy Manual - Section 6.27

The Court took no action on item 15.A.2.

3. Budget Amendment Policy - Personnel Related Amendments (Audio Reference 1h:20m:55s)

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 15.A.3.

Vote: 5 - 0 – Unanimously

The Court proceeded to item 15.C. (Audio Reference 1h:21m:28s)
 
B.
AI-79042
1. Discussion, consideration, and action to approve payment of certain COVID-19 related overtime hours to FLSA covered employees listed in Exhibit A in accordance with Section 7.51 of the Hidalgo County Civil Service Commission Rules and Section 8.40 of the Hidalgo County Personnel Policy Manual for overtime hours worked through March 31, 2021. 
2. Discussion, consideration, and action to waive Section 7.61 of the Hidalgo County Civil Service Commission Rules and to approve payment of certain COVID-19 related overtime hours to FLSA non-covered employees listed in Exhibit B for overtime hours worked through March 31,2021.  (Audio Reference 1h:44m:25s)

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 15.B.1. & 2.

Vote: 5 - 0 – Unanimously

The Court proceeded to item 25.A.  (Audio Reference 1h:45m:48s)
 
C.
AI-79355
Tax Office (1100):
Approval of the following personnel actions, effective next full pay period 02/15/2021: (Audio Reference 1h:21m:28s)
Action Dept./ Prg. Slot # Position Title Current Allowance  Proposed Allowance Net Change
Add Auto Allowance 140-001 0018 Supervisor II $0.00 $1,500.00 $1,500.00

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 15.C.

Vote: 5 - 0 – Unanimously
Attachments:
 
16.
 
Urban County:
 
A.
AI-79288
1.  Hold a Public Hearing to consider public comments for revision to the Hidalgo County Urban County Program’s Citizen Participation Plan. Notice to the Public Hearing was published on January 13, 2021 (Audio Reference 1h:22m:40s)

Judge Cortez opened a Public Hearing at 11:47 A.M. There were no Public Comments made. Judge Cortez closed the Public Hearing at 11:47 A.M.

2.  Approval of the Hidalgo County Urban County Program’s Citizen Participation Plan as submitted. (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.2.

Vote: 5 - 0 – Unanimously
 
B.
AI-79353
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) Professional Engineering firms from the County’s approved “pool” as graded and evaluated by the City of La Joya, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 33, 2020 La Joya Street Improvement funds.(Audio Reference 1h:24m:10s)
 
Professional Service Firm Grade Ranked
M2 Engineering 95.0%  
S & B Infrastructure, Ltd. 92.0%  
Javier Hinojosa Engineering 86.0%  
  
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 items 16.B.1. & 2. as ranked.

Vote: 5 - 0 – Unanimously

 3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of M2 Engineering  for the provision of Engineering Service for an Urban County Program Year 33,  2020 La Joya Water/Sewer Improvement funds. (Audio Reference 1h:25m:25s)

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.B.3.

Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI-79359
“Subject to Compliance with HB 1295” the Urban County Program is requesting consideration and action to award and enter into a construction contract with 2GS LLC dba Earthworks, the lowest responsible bidder in the amount of $206,892.25, utilizing UCP funds from Fiscal Years 33(2020) San Juan Street Improvement Funds. (Audio Reference 1h:25m:52s)

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 16.C.

Vote: 5 - 0 – Unanimously
Attachments:
 
D.
AI-79363
“Subject to compliance with HB 1295” the Urban County Program is requesting approval of a best and final negotiated contract for Professional Engineering Services with Hinojosa Engineering in the amount of $30,000.00, utilizing CDBG FY 29 (2016) and FY 33 (2020) City of Palmview Street Improvements Funds and approval of Work Authorization No. 1. (Audio Reference 1h:26m:30s)

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.

Vote: 5 - 0 – Unanimously
 
E.
AI-79362
“Subject to compliance with HB 1295” the Urban County Program is requesting approval of a best and final negotiated contract for Professional Engineering Services with SAM Engineering and Surveying in the amount of $25,413.96, utilizing CDBG FY 32 (2019) City of San Juan Street Improvements Funds and approval of Work Authorization No. 1. (Audio Reference 1h:27m: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 16.E.
                                                                              
 Vote: 5 - 0 – Unanimously
 
17.
 
Health & Human Services Department:
 
A.
AI-79334
Requesting approval to submit renewal grant application and budget for the CPS/HAZARDS FY 22 grant program.  The award amount is $592,548.00 and the program period is from July 1, 2021 to June 30, 2022.  This program requires a ten percent local funds match.(Audio Reference 1h:27m: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 17.A.
                                                                              
 Vote: 5 - 0 – Unanimously
 
18.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-79407
Receipt, review, and approval of closing documents for the purchase of a tract of land known as Parcel 3 for the Pct 2 Las Milpas Road (10th St to McColl Rd) Project with authority for the County Judge and/or Executive Officer to sign closing documents.(Audio Reference 1h:28m:50s)

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 18.A.

Vote: 5 - 0 – Unanimously
 
19.
 
Budget & Management:
 
A.
AI-79313
CARES Act Relief Funds (1287):
Discussion, consideration, and action to approve the ratification of necessary CARES Act Relief Fund expenditures, as listed on Exhibit A, to cover costs not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation in connection with the ongoing COVID-19 public health emergency; the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use. (Audio Reference 1h:29m:15s)

Sergio Cruz with the Department of Budget and Management stated the Exhibit A amount to be $33,528.34

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 19.A.
                                                                              
 Vote: 5 - 0 – Unanimously
 
B.
AI-79315
Approval to designate funds in 2020 for expenditures related to the following program: (Audio Reference 1h:29m:56s)
 
Program# Program Amount
200-002 IT Countywide $315,000.00
121-001 Pct 1 Sanitation $513,618.00
122-001 Pct 2 Sanitation $315,000.00
124-001 Pct 4 Sanitation $638,552.00

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 19.B.
                                                                              
 Vote: 5 - 0 – Unanimously
 
C.
AI-79367
Criminal District Attorney (1100): 
Approval of clarification to agenda item # 79259 stated for the record position title for slot 0173 Assistant District Attorney III. The correct position title for slot 0173 is Assistant District Attorney II. (Audio Reference 1h:30m:55s)

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 19.C.

Vote: 5 - 0 – Unanimously
 
D.
AI-79366
Heath - COVID (1293):
Approval of back pay for employee #243566 in the amount of $4.58, effective 11/23/2020. (Audio Reference 1h:31m:20s)

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 19.D.

Vote: 5 - 0 – Unanimously
Attachments:
 
E.
AI-79330
Various Departments:
Approval of salary schedule changes in accordance with Hidalgo County Classification and Compensation Pay Plan, effective 01/12/2021:(Audio Reference 1h:31m:37s)
FROM TO
Action Dept/Prg Slot Position Title G/S Budgeted Salary G/S Proposed Salary
Discretionary Step 012-001 0006 Bailiff II (DC) 13/01 $51,084.00 13/02 $52,872.00
Discretionary Step 030-001 0004 Assistant Court Coordinator (CC) 12/01 $47,300.00 12/02 $48,956.00
Discretionary Step 123-005 0001 Chief Administrator 20/01 $90,614.00 20/04 $97,067.00


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 19.E.

Vote: 5 - 0 – Unanimously
Attachments:
 
F.
AI-79382
Sheriff (1100):
1. Approval of changes to the 2021 Salary Schedule, effective 01/01/2021: 
FROM TO
Action Dept/Prg Slot Obj. Position Title R/S Adopted Budgeted Salary R/S Adopted Budgeted Salary Variance
Budget Process Correction 280-001 0116 118 Deputy Sheriff 06/02 $500.00 06/02 $0.00 ($500.00)
119 $0.00 $500.00 $500.00

2. Approval of intradepartmental transfers.  (Audio Reference 1h:31m:57s)

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 19.F.1. & 2.

Vote: 5 - 0 - Unanimously 
Attachments:
 
G.
 
Budget Appropriations:
 
1.
AI-79385
Pursuant to Texas Local Government Code 111.070, approval of emergency appropriation from the General Fund - Fund Balance in the amount of $1,000,000.00 for emergency related vaccine expenditures. (Audio Reference 1h:32m:27s)

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 19.G.1.

Vote: 5 - 0 – Unanimously
Attachments:
 
2.
AI-79318
Approval to undesignate funds in 2021 for expenditures related to the following program(s) and appropriation of the same: (Audio Reference 1h:34m:43s)
 
Program# Program Amount
200-002 IT Countywide $945,149.46
121-001 Pct 1 Sanitation $513,618.00
122-001 Pct 2 Sanitation $315,000.00
124-001 Pct 4 Sanitation $638,552.00

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 19.G.2.
                                                                              
 Vote: 5 - 0 – Unanimously
 
20.
 
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-79386
Pursuant to Article 37 of the current Master Services Agreement [#C-17-314-03-26] between HC and Foremost Telecommunications, acceptance and approval of the Quote [attached to AI Backup Drive] for the provision of SIP [Session Initiation Protocol/voice over Internet Protocol/VoIP] and, if required, include additional DIDs [rates/charges noted on Service Order] in order to expand telephone service capacity with authority for County Judge or Executive Officer to execute said Service Order(s). (Audio Reference 1h:35m:07s)

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 20.A.1.

Vote: 5 - 0 Unanimously 
Attachments:
 
2.
AI-79369
A.  Restatement of approved lease agreement between HC and WILLSCOT [CC 03-12-19 R.AI#69353] which permits a month to month provision [unless terminated by County pursuant to terms & conditions of agreement] located on site of Pct. #1 offices on Joe Stephens in Weslaco, Tx; (Audio Reference 1h:35m:58s)

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 20.A.2.A.
                                                                              
 Vote: 5 - 0 – Unanimously

B.  Acceptance and approval of invoices from WILLSCOT [as attached herein] for the months of January and February 2021 with authority for County Treasurer to issue payment after HC Auditor completes the review/audit process; (Audio Reference 1h:36m:29s)

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 20.A.2.B.
                                                                              
 Vote: 5 - 0 – Unanimously

C.  Approve an exemption from competitive bidding requirements, under Tx Local Gov't. Code, 282.024(a)(1)&(2) as attached herein due to the continue pandemic emergency; (Audio Reference 1h:36m:52s)

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 20.A.2.C.

Vote: 5 - 0 – Unanimously

Martha Salazar with the Hidalgo County Purchasing Department, clarified that item 20.A.2.C. was to read Gov't. Code, 262.024 and not Gov't. Code, 282.024.

D.   Approval to continue month to month rental with WILLSCOT to house staff of the Hidalgo County Community Service  [or other County elected office, department, agency or program] until otherwise terminated by HCCC in accordance with the lease terms and conditions.(Audio Reference 1h:37m:33s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 20.A.2.D.

Vote: 5 - 0 - Unanimously 
 
B.
 
Pct. 4
 
1.
AI-79333
Approval of Supplemental Agreement No.1 with Halff Associates, Inc. - C-20-086-03-10 to extend the termination date to March 9, 2022. (Audio Reference 1h:38m:00s)

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 20.B.1.

Vote: 5 - 0 - Unanimously 
 
2.
AI-79325
Recommendation & approval to reject all bids received for RFB No. 2020-085-11-18-HGO - North Alamo Rd. Realignment, as all bids received, were over budget and the project will be re-let with revisions to procurement packet to be review and concurred by TxDOT. (Audio Reference 1h:38m: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 20.B.2.

Vote: 5 - 0 - Unanimously 
 
C.
 
Sheriff's Office
 
1.
AI-79319
Acceptance and approval of proposal received from E3 Entegral Solutions Inc. through our membership/participation with Buyboard contract 602-20 to perform a turn-key lighting retrofit at the Hidalgo County Sheriff's Office in the amount of $437,466.29 including material, labor, equipment, installation, storage and handling of said materials. (Audio Reference 1h:38m:48s)

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 20.C.1.

 Vote: 5 - 0 – Unanimously
 
D.
 
District Attorney
 
1.
AI-79328
A.  Approval to exercise the sixty (60) day grace period extension [as provided under current contract E-20-008-01-28 ] "Hidalgo County -  Psychological Evaluation Services for Defendant (Competency)" with Gregorio Pina,III, Ph.D.; (Audio Reference 1h:39m:26s)

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 20.D.1.A.

Vote: 5 - 0 – Unanimously

B. Requesting authority to advertise the procurement packet for RFP 2020-553-" HC Psychological  Evaluation Services for Defendants (Competency)" for Hidalgo County District Attorney to include re-advertising, if necessary;(Audio Reference 1h:39m:52s)

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 20.D.1.B.

Vote: 5 - 0 – Unanimously

C. Pursuant to procurement packet, requesting appointment of an evaluating committee to review responses received for RFP #2020-553. (Audio Reference 1h:40m:14s)
1
2
3
4
5

Rosalinda Cantu stated that the individuals recommended by the District Attorney's Office were Rosalinda Cantu, Hope Palacios and Orlando Esquivel.

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 20.D.1.C.

Vote: 5 - 0 – Unanimously
 
E.
 
Health & Human Services:
 
1.
AI-79418
Acceptance and approval of an Interlocal Cooperation Agreement between the County of Hidalgo and the City of Weslaco for the purpose of effectively responding to health threats and emergencies subject to final review as to legal form by HC/DA/Civil section. (Audio Reference 1h:41m:10s)

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 20.E.1.
                                                                              
 Vote: 5 - 0 – Unanimously
 
21.
 
Executive Office:
 
A.
 
Presentation for discussion of the following:
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects (Audio Reference 1h:42m:02s)

Valde Guerra stated that there was no action to be taken on item 21.A.1.

2) Emergency situations occurring since last agenda meeting (Audio Reference 1h:42m:09s)

Valde Guerra stated that there was a power outage in the Precinct 1 area on February 1st that affected many business and buildings in the area, however, they were able to regain power later that evening.

The Court proceeded to item 23 - Closed Session. (Audio Reference 1h:43m:42s)
 
22.
AI-79376
Discussion, consideration and possible action regarding: 
A. County response to disaster/health emergency:
1. CARES Act Funds
a.  Second Amendment to Cares Act Interlocal Cooperation Agreement with UTRGV  (Audio Reference 1h:47m:32s)

Josephine Ramirez clarified that the Second Amendment was due to an extension of time given to submit their request for reimbursement. 

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.A.1.a.

Vote: 5 - 0 – Unanimously

B. Measures necessary to preserve public health and safety  (Audio Reference 1h:48m:16s)

Valde Guerra stated that there was action previously taken on item 22.B.

C. Direction regarding County government operations, including but not limited to essential functions  (Audio Reference 1h:48m:23s)

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 26 - Closed Session.  (Audio Reference 1h:48m:59s)
 
23.
 
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:43m:44s)

The Court retired into Closed Session at 12:08 P.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval to retire into Closed Session.

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

Reference item 25.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 25.B.
 
C.
 
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference item 25.C.
 
D.
AI-79342
Claim of Amelia Palomares

Reference item 25.D.
 
E.
AI-79344
Claim of Maria Esthela Villarreal 

Reference item 25.E.
 
F.
AI-79346
Hidalgo County v. Anna Pacheco Cruz & Inez Garcia Lopez

Reference item 25.F.
 
24.
 
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."

Valde Guerra stated that the Court was to take no action on item 24.A.

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:47m:22s)

Valde Guerra stated that the Court was to take no action on item 24.B.

The Court proceeded to item 22. (Audio Reference 1h:47m:32s)
 
25.
 
Open Session: (Audio Reference 1h:44m:25s)

The Court returned from Closed Session at 1:16 P.M.

The Court proceeded to item 15.B. (Audio Reference 1h:44m:31s)
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 1h:45m:48s)

Valde Guerra stated that there was no action to be taken on item 25.A.
 
B.
 
Pending and/or potential litigation (Audio Reference 1h:45m:54s)

Valde Guerra stated that there was no action to be taken on item 25.B .
 
C.
 
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 1h:45m:58s)

Reference item 22.
 
D.
AI-79343
Claim of Amelia Palomares  (Audio Reference 1h:46m:07s)

Valde Guerra requested for settlement authority to make an offer in the amount of $3,667.14

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 25.D.

Vote: 5 - 0 – Unanimously
 
E.
AI-79345
Claim of Maria Esthela Villarreal    (Audio Reference 1h:46m:29s)

Valde Guerra requested for settlement authority to make an offer in the amount of $494.85

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 25.E.

Vote: 5 - 0 – Unanimously
 
F.
AI-79347
Hidalgo County v. Anna Pacheco Cruz & Inez Garcia Lopez  (Audio Reference 1h:46m:50s)

Valde Guerra stated for the record that this case is being assigned to Josephine Ramirez's office on behalf of the County to facilitate as well as authorize Ramirez to file suit if necessary.

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 25.F.

Vote: 5 - 0 -Unanimously 

The Court proceeded to item 24. (Audio Reference 1h:47m:22s)
 
26.
 
Closed Session: (Audio Reference 1h:48m:59s)
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The Court did not proceed into item 26 - Closed Session.
 
27.
 
Open Session: (Audio Reference 1h:49m:05s)
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The Court did not proceed into item 27 - Open Session.
 
28.
 
Adjourn (Audio Reference 1h:49m:08s)

Judge Cortez adjourned the meeting at 1:21 P.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 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 2nd day of February, 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 February 2, 2021.

Signed this 3rd day of February, 2021




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


By: ____________________________
(Seal) Victoria Brewster, Deputy