SPECIAL MEETING - DECEMBER 6, 2021
BE IT REMEMBERED, that on this 6th day of December 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 DECEMBER 6, 2021 10:30 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 551.127, NOTICE is hereby given that a physical quorum, including the presiding officer/member, will be present at the specified meeting location. Some members of the governing body and/or government officials may participate via videoconference.
Members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive
1.
Roll Call (Audio Reference 03m:30s)
Judge Cortez called the meeting to order at 10:35 A.M.
All members of the Court were present during the roll call.
Commissioner Fuentes participated via video conference.
County Executive Officer, Valde Guerra, offered a prayer.
Judge Cortez called the meeting to order at 10:35 A.M.
All members of the Court were present during the roll call.
Commissioner Fuentes participated via video conference.
County Executive Officer, Valde Guerra, offered a prayer.
2.
Pledge of Allegiance (Audio Reference 04m:39s)
Honorable County Judge, Richard Cortez, led in the reciting of the Pledge of Allegiance.
Honorable County Judge, Richard Cortez, led in the reciting of the Pledge of Allegiance.
3.
Budget & Management:
A.
American Rescue Plan Act:
1.
AI-83649
ARPA - American Rescue Plan Act (1290):
Discussion, consideration and action to approve a necessary ARPA Fund Expenditure to cover costs not accounted for in the current budget and cannot be funded by line item, allotment or allocation for the pandemic preparedness retrofit of the new courthouse structure, in order to assist the County with its response to the ongoing COVID-19 public health emergency and continue to provide necessary services to the community in compliance with public health measures necessary to mitigate the spread of COVID-19. The Court, having reviewed the agenda item briefing attached, herein finds that such expenditure is necessary for the intended use. (Audio Reference 05m:02s)
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 agenda item 3.A.1.
Vote: 5 - 0 -Unanimously
Discussion, consideration and action to approve a necessary ARPA Fund Expenditure to cover costs not accounted for in the current budget and cannot be funded by line item, allotment or allocation for the pandemic preparedness retrofit of the new courthouse structure, in order to assist the County with its response to the ongoing COVID-19 public health emergency and continue to provide necessary services to the community in compliance with public health measures necessary to mitigate the spread of COVID-19. The Court, having reviewed the agenda item briefing attached, herein finds that such expenditure is necessary for the intended use. (Audio Reference 05m:02s)
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 agenda item 3.A.1.
Vote: 5 - 0 -Unanimously
Attachments:
4.
Purchasing Department:
A.
Hidalgo County:
1.
AI-83637
Acceptance and approval of Amendment No. 9 (CPR 57.2 R1 Added Scope) in the amount of $3,565,310.00 for the Pandemic Preparedness Retrofitting of the Courthouse Structure by executing AIA Document A133-2009 Guaranteed Maximum Price, between Hidalgo County and contractor, Morganti Texas, Inc. [C-17-292A-03-27], and to include the approval to issue a Notice to Proceed [NTP] subject to legal counsel's final review and approval as to form. (Audio Reference 05m:57s)
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 agenda item 4.A.1.
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 agenda item 4.A.1.
Vote: 5 - 0 -Unanimously
Attachments:
B.
County Judge's Office:
1.
AI-83601
A. "Discussion, consideration and action to approve a necessary ARPA 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 "COVID-19 Media/Strategy Campaign - Radio, in order to assist with County actions to facilitate compliance with public health measures mitigating the spread of the virus along with provisions of economic assistance and support in connection with addressing the ongoing COVID-19 emergency; the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is necessary for the intended use."; (Audio Reference 06m:48s)
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 agenda item 4.B.1.A.
Vote: 5 - 0 - Unanimously
B. Requesting exemption for competitive bidding requirement under Texas Local Government Code 262.024 (a)(1): an item that must be purchased in case of a public calamity; (2) an item necessary to preserve or protect the public health and safety of the citizens of the county; (Audio Reference 07m:31s)
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 agenda item 4.B.1.B.
Vote: 5 - 0 -Unanimously
C. Requesting authority to enter into four (4) media contracts with the following media stations; Univision Radio, Notigape, Radio United, LLC and Entravision, for the purpose of providing public health awareness through COVID-19 media campaign as necessary to protect the health and safety of the residents of Hidalgo County; with authority for County Judge or assignee to sign required documents if needed and subject to compliance with Form 1295 and legal's approval. (Audio Reference 07m: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 agenda item 4.B.1.C.
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 agenda item 4.B.1.A.
Vote: 5 - 0 - Unanimously
B. Requesting exemption for competitive bidding requirement under Texas Local Government Code 262.024 (a)(1): an item that must be purchased in case of a public calamity; (2) an item necessary to preserve or protect the public health and safety of the citizens of the county; (Audio Reference 07m:31s)
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 agenda item 4.B.1.B.
Vote: 5 - 0 -Unanimously
C. Requesting authority to enter into four (4) media contracts with the following media stations; Univision Radio, Notigape, Radio United, LLC and Entravision, for the purpose of providing public health awareness through COVID-19 media campaign as necessary to protect the health and safety of the residents of Hidalgo County; with authority for County Judge or assignee to sign required documents if needed and subject to compliance with Form 1295 and legal's approval. (Audio Reference 07m: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 agenda item 4.B.1.C.
Vote: 5 - 0 - Unanimously
Attachments:
5.
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 08m:28s)
The Court proceeded to closed session with a vote of approval at 10:40 A.M.
Commissioner Cantu stepped away from the meeting.
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: 4 - 0 - Unanimously
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 08m:28s)
The Court proceeded to closed session with a vote of approval at 10:40 A.M.
Commissioner Cantu stepped away from the meeting.
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: 4 - 0 - Unanimously
A.
Real Estate Acquisition
Reference agenda item 7.A.
Reference agenda item 7.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 7.B.
Reference agenda item 7.B.
C.
Consultation with Legal Counsel regarding Legal Action due to emergency situation
No action was taken on agenda item 5.C, as it was a closed session item.
No action was taken on agenda item 5.C, as it was a closed session item.
D.
Discussion and/or deliberation regarding employment of Purchasing Director
Reference agenda item 7.D.
Reference agenda item 7.D.
6.
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 09m:41s)
No action was taken on agenda items 6.A, nor on 6.B.
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 09m:41s)
No action was taken on agenda items 6.A, nor on 6.B.
7.
Open Session: (Audio Reference 09m:00s)
The Court returned from closed session at 11:53 A.M., and proceeded to agenda item 7.A.
Valde Guerra presented the items under Open Session.
The Court returned from closed session at 11:53 A.M., and proceeded to agenda item 7.A.
Valde Guerra presented the items under Open Session.
A.
Real Estate Acquisition and appropriation for same (Audio Reference 09m:07s)
No action was taken on agenda item 7.A.
No action was taken on agenda item 7.A.
B.
Pending and/or potential litigation (Audio Reference 09m:12s)
No action was taken on agenda item 7.B.
No action was taken on agenda item 7.B.
C.
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 09m:18s)
No action was taken on agenda item 7.C.
No action was taken on agenda item 7.C.
D.
Discussion, consideration and action regarding employment/appointment of Purchasing Director (Audio Reference 09m:29s)
Valde Guerra stated that the administration would proceed as directed in executive session.
The Court proceeded with a vote of approval for the administration to proceed as directed in executive session. (Audio Reference 10m: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 agenda item 7.D, with the comment stated above.
Vote: 5 - 0 – Unanimously
Valde Guerra stated that the administration would proceed as directed in executive session.
The Court proceeded with a vote of approval for the administration to proceed as directed in executive session. (Audio Reference 10m: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 agenda item 7.D, with the comment stated above.
Vote: 5 - 0 – Unanimously
8.
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed (Audio Reference 09m:49s)
The Court did not proceed into Closed Session - agenda item 8.
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed (Audio Reference 09m:49s)
The Court did not proceed into Closed Session - agenda item 8.
9.
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed (Audio Reference 09m:50s)
The Court did not proceed to agenda item 9 - Open Session.
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed (Audio Reference 09m:50s)
The Court did not proceed to agenda item 9 - Open Session.
10.
Adjourn (Audio Reference 10m:54s)
Judge Cortez adjourned the meeting with a vote of approval at 11:54 A.M.
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 to adjourn the meeting.
Vote: 5 - 0 -Unanimously
Judge Cortez adjourned the meeting with a vote of approval at 11:54 A.M.
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 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 6th day of December, 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 December 6, 2021.
Signed this 6th day of December 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy
Court, the meetings of the Commissioners Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 6th day of December, 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 December 6, 2021.
Signed this 6th day of December 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy