BE IT REMEMBERED, that on this 2nd day of March 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:
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AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING March 2, 2021 10:00 A.M. |
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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.
Judge Cortez called the meeting to order at 10:03 A.M.
All members of the Court were present during Roll Call.
Jose Alberto Trevino led in reciting the Pledge of Allegiance.
Honorable, Judge Albert Garcia offered the prayer.
The Court proceeded to approve the Consent Agenda.
Commissioner Fuentes returned to the meeting.
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 her concern on agenda item 11.C.
Due to technical difficulties Marcela Alejandre was invited to re-join the meeting at a later time.
The Court proceeded to item 7.A. (Audio Reference 29m:27s)
Commissioner Torres returned to the meeting. (Audio Reference 1h:27m:10s)
Open Forum Participant, Marcela Alejandre, came before the Court to express her concerns on internet access in her area.
The Court proceeded to item 20.A. (Audio Reference 1h:27m:10s)
Commissioner Cantu came before the Court to read and present H-E-B with a Resolution honoring them for their continuous community service efforts.
Linda Tovar came before the Court to personally thank Commissioners Court and Hidalgo County for allowing H-E-B to play an important role the during unprecedented times that have affected 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 6.A.
Vote: 5 - 0 – Unanimously
The Court proceeded to item 20.B.1. & 2. (Audio Reference 41m:16s)
Commissioner Cantu came before the Court to read a Proclamation declaring March as National Nutrition Month.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 6.B.
Vote: 5 - 0 – Unanimously
The Court proceeded to item 6.A. (Audio Reference 35m:02s)
Commissioner Villarreal came before the Court to recognize Rick Perez for 14 years of loyalty and service to the Hidalgo County Regional Mobility Authority Board of Directors.
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 7.A.
Vote: 5 - 0 – Unanimously
The Court proceeded to item 6.B. (Audio Reference 31m:47s)
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 8.A.
Vote: 5 - 0 – Unanimously
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 9.A.
Vote: 5 - 0 – Unanimously
Approval of interfund transfer from Hidalgo County HIDTA Task Force CCP 59 fund (1251) to the DA's CCP 59 fund (1223) in the amount of $5,000.00. (Audio Reference 54m: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 10.A.
Vote: 5 - 0 -Unanimously
1. Civil Service Commission Rules - Section 3.22
No action was taken on item 11.A.1.
2. Hidalgo County Personnel Policy Manual - Section 6.27
No action was taken on item 11.A.2.
3. Budget Amendment Policy - Personnel Related Amendments (Audio Reference 55m:15s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 11.A.3.
Vote: 5 - 0 – Unanimously
Approval to award a discretionary step for the employee 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: (Audio Reference 55m:42s)
| Action | Dept./ Prg. | Slot # | Position Title | Grade |
| Discretionary Step 3 | 080-002 | 0174 | Assistant District Attorney II | 15 |
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.B.
Vote: 5 - 0 – Unanimously
Approval of the following personnel actions, effective next full pay period 3/15/2021:
| Action | Dept./ Prg. | Slot # | Position Title | Salary |
| Create | 901-033 | 0074 - 0077 | Eligibility Worker I | $27,187.00 |
| Create | 901-033 | 0078 | Coordinator II | $43,796.00 |
Erika Reyna with the Department of Human Resources, clarified that this position would be funded through Fund 3300 - Grant funding that is covered by the Community Service Block Grant which is received by the Community Service Agency.
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.C.
Vote: 5 - 0 – Unanimously
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.A.
Vote: 5 - 0 -Unanimously
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.B.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 12.C.
Vote: 5 - 0 – Unanimously
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
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.A.
Vote: 5 - 0 – Unanimously
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
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.A.
Vote: 5 - 0 - Unanimously
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.A.
Vote: 5 - 0 – Unanimously
| Medical Providers |
| 1. G. Athanasi Orfanos, M.D., P.A. |
| 2. Dr. Bose, Industrial and Family Medicine, PLLC dba, Industrial Health Works |
| 3. Nuestra Clinica Del Valle, Inc. |
| Dental Providers |
| 1. Growing Smiles Children’s Dental Care Center, PC |
| 2. Nuestra Clinica Del Valle, Inc. |
| Mental Health Providers |
| 1. Generations Growing Together, Inc., dba Growing Generations of South Texas |
| 2. Ileana E. Castro |
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 16.B.
Vote: 5 - 0 - Unanimously
| Lessor | Head Start Centers | Facility and/or Land Leased |
Monthly Rent Amount |
| The Galilean Apartments, LP | Edinburg III | Facility/Land | $ 10.00 |
| Pueblo de Paz Apartments, LP | Mission III | Facility/Land | $ 10.00 |
| Rio de Vida Apartments, LP | Mission IV | Facility/Land | $ 10.00 |
| Guillermina Garcia | Weslaco III | Facility/Land | $3,000.00 |
| St. Anne Church | Western Road | Land | $ 700.00 |
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 16.C.
Vote: 5 - 0 – Unanimously
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.D.
Vote: 5 - 0 – Unanimously
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.E.
Vote: 5 - 0 – Unanimously
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 16.F.
Vote: 5 - 0 – Unanimously
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.1.
Vote: 5 - 0 – Unanimously
2. Requesting Judge Richard Cortez as the acting authority to acknowledge and sign this Amendment to the Grant Agreement pending KNAPP Community Care Foundation signature. (Audio Reference 1h:12m:22s)
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 17.A.2.
Vote: 5 - 0 – Unanimously
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 17.B.
Vote: 5 - 0 – Unanimously
Diana Huallpa came before the Court to present them with a status update on the Hidalgo County Wellness Program for the month of January.
The Court took no action on item 18.A.
The Court took no action on item 18.B.
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).
Commissioner Fuentes stepped away from 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 19.A.1.A.
Vote: 4 - 0 -Unanimously
| 0001 | 0004 |
| 0002 | 0005 |
| 0003 | 0006 |
On motion by COMMISSIONER PCT. 4, ELLIE TORRES seconded by HIDALGO COUNTY JUDGE, RICHARD F. CORTEZ, the Court made a UNANIMOUS vote of approval on item 19.A.1.B.
Vote: 4 - 0 – Unanimously
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 19.B.1.A.
Vote: 4 - 0 -Unanimously
B. Presentation of scoring grid (for the purposes of ranking by CC) the firms graded and evaluated through the County approved "pool" of professional engineering service providers for " ON CALL" Precinct No. 2 Projects; (Audio Reference 1h:20m:38s)
| Millennium Engineers Group | Earth Co., LLC | Terracon Consultants, Inc. | |
| Evaluator No. 1 |
95 | 93 | 97 |
| Rank |
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.B.1.B. as ranked
Vote: 4 - 0 – Unanimously
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.B.1.C.
Vote: 4 - 0 – Unanimously
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 19.B.2.
Vote: 4 - 0 – Unanimously
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.C.1.A.
Vote: 4 - 0 – Unanimously
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.C.1.B.
Vote: 4 - 0 – Unanimously
Commissioner Fuentes returned to 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 19.D.1.A.
Vote: 5 - 0 -Unanimously
B.Requesting exemption from competitive bidding/procurement requirements under Texas Local Government Code, 262.024 (a)(1) and (2) attached herein; (Audio Reference 1h:24m:23s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 19.D.1.B.
Vote: 5 - 0 - Unanimously
C. Acceptance to adjust the original SOW approved on [08/04/20 under AI-76684] for additional WiFi Equipment, Material and Professional Services with Insight Public Sector, Inc. through our membership/participation with OMNIA contract 4400006644 and approval of CR#8. (Audio Reference 1h:24m:46s)
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 19.D.1.C.
Vote: 5 - 0 – Unanimously
A. Hidalgo Independent School District;
B. Edcouch-Elsa Independent School District,
for the purpose of effectively responding to public health threats and emergencies. (Audio Reference 1h:25m:14s)
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 19.E.1.
Vote: 5 - 0 – Unanimously
Commissioner Torres stepped away from the meeting.
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 19.F.1.
Vote: 4 - 0 – Unanimously
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 19.F.2.
Vote: 4 - 0 – Unanimously
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 19.G.1.
Vote: 4 - 0 – Unanimously
The Court proceeded to item 5 - Open Forum. (Audio Reference 1h:27m:10s)
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects
No action was taken on item 20.A.1.
2) Emergency situations occurring since last agenda meeting (Audio Reference 1h:30m:15s)
No action was taken on item 20.A.2.
The Court proceeded to item 22 - Closed Session. (Audio Reference 1h:30m:30s)
Kelly Salazar with LINEBARGER, came before the Court to present them with the Delinquent Tax Collection Report for July 1, 2020 through December 31, 2020.
Michael Cano with LINEBARGER, came before the Court to present them with information on the ways LINEBARGER Law Firm was adaptive and cautious while assisting clients during the COVID-19 pandemic.
2. Requesting approval of Resolution authorizing the Resale of properties (non-homestead) for failure to pay ad valorem taxes (Audio Reference 52m: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 20.B.2.
Vote: 5 - 0 - Unanimously
The Court proceeded to item 8.A. (Audio Reference 52m:52s)
A. County response to disaster/health emergency:
1. CARES Act Funds (Audio Reference 1h:33m:29s)
The Court took no action on item 21.A.1.
B. Measures necessary to preserve public health and safety (Audio Reference 1h:33m:43s)
The Court took no action on item 21.B.
C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 1h:33m:51s)
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 27 - Adjournment. (Audio Reference 1h:34m:47s)
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:30m:30s)
The Court proceeded into Closed Session at 11:16 A.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.
Vote: 5 - 0 – Unanimously
Reference item 24.A.
Reference item 24.B.
Reference item 24.C.
Reference item 24.D.
2. In re: Panda Power Infrastructure Fund LLC et al., case number 18-0782, in the Supreme Court of Texas.
Reference item 24.E.
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)
No action was taken on item 23.
The Court returned from Closed Session at 12:22 P.M.
Judge Cortez did not return from Closed Session.
The Court took no action on item 24.A.
The Court took no action on item 24.B.
Reference item 21.
Valde Guerra requested for settlement authority to make an offer in the amount of $766.67.
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 item 24.D.
Vote: 4 - 0 – Unanimously
2. In re: Panda Power Infrastructure Fund LLC et al., case number 18-0782, in the Supreme Court of Texas. (Audio Reference 1h:32m:12s)
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 authorize the Hidalgo County District Attorney's Office Civil Litigation Division to join on behalf of Hidalgo County to ensure accountability to the residents of Hidalgo County regarding the recent failures in the reliable provision of electric services, including but not limited to case number 1807282 which is on file with the Supreme Court.
Vote: 4 - 0 – Unanimously
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed (Audio Reference 1h:33m:22s)
The Court did not proceed into item 25 - Closed Session.
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed (Audio Reference 1h:33m:25s)
The Court did not proceed into item 26 - Open Session.
The Court proceeded to item 21. (Audio Reference 1h:33m:29s)
Commissioner Cantu adjourned the meeting at 12:26 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 adjourn the meeting.
Vote: 4 - 0 – Unanimously
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 2nd day of March, 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 March 2, 2021.
Signed this 3rd day of March 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Victoria Brewster, Deputy
