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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - OCTOBER 3, 2023

BE IT REMEMBERED, that on this 3rd day of October A.D., 2023, 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
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

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
OCTOBER 3, 2023
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 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 10m:52s)

Judge Cortez called the meeting to order at 10:04 A.M.

All members of the Court were present during the roll call, except Commissioner Fuentes and Commissioner Torres.

Commissioner Fuentes joined the meeting during the Pledge of Allegiance.
 
2.
 
Pledge of Allegiance (Audio Reference 11m:07s)

Commissioner Fuentes joined the meeting at this time.

Veteran Rafael Soto led the Court in the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 11m:45s)

Director of Human Resources, Erika Reyna, offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 12m:48s)

The Court proceeded with the discussion and approval of the Consent Agenda.

See the Consent Agenda for the action taken.
 
5.
 
Approval of Awards/Recognitions:
 
A.
AI-92728
Proclamation declaring October as Down Syndrome Awareness Month. (Audio Reference 13m:25s)

Courtney Moore read the Proclamation declaring October as Down Syndrome Awareness Month.

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 5.A.

Vote: 4 - 0 -Unanimously 

President of RGV Down Syndrome Association, Deborah Tomai and Roman expressed their gratitude towards the Court for the proclamation.
 
B.
AI-92645
Proclamation declaring October 2023 as Domestic Violence Awareness month. (Audio Reference 21m:38s)

Kimberly Cruz, with the County Judge's Office, read the Proclamation declaring October 2023 as Domestic Violence Awareness month.

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 agenda item 5.B.

Vote: 4 - 0 - Unanimously

First Assistant to Criminal District Attorney, Alex Benavidez, Estella De Anda, with Mujeres Unidas, Chief of Police of the City of Mission, Cesar Torres, came before the court in collaboration in support of the proclamation.
 
C.
AI-92654
Approval of Proclamation recognizing Mental Illness Awareness Week and World Mental Health Day. (Audio Reference 34m:09s)

Kimberly Cruz, with the County Judge's Office, read the Proclamation recognizing Mental Illness Awareness Week and World Mental Health Day.

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 agenda item 5.C.

Vote: 4 - 0 - Unanimously

Hidalgo County Mental Health Coalition Coach, Chris Artis, and Youth Advisory Members, Isa Mendoza and Sofia Muñoz, expressed their gratitude towards the Court for the proclamation.  
 
D.
AI-92656
Approval of Proclamation declaring October 2023 Manufacturing Month. (Audio Reference 41m:05s)

Kimberly Cruz, with the County Judge's Office, read the Proclamation declaring October 2023 Manufacturing Month.

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 agenda item 5.D.
            
Vote: 4 - 0 – Unanimously

Director of South Texas Manufactures Association, Mike Willis, expressed his gratitude towards the Court for their support and the proclamation.
 
6.
 
Open Forum (Audio Reference 48m:10s)

Three (3) participants registered to participate in Open Forum.

Participants, Alma Garza and Yvette Cavazos were called to participate, however both participants were not present.

Participant Fern McClaugherty came before the Court to express her concerns with how Commissioners' Court is administrating the taxpayers' monies.

Commissioner Fuentes invited the public to the annual Breast Cancer Awareness Walk in precinct 1.

No action was taken on agenda item 6.

The Court proceeded to agenda item 15.A. (Audio Reference 52m:53s)
 
7.
 
County Judge's Office:
 
A.
AI-92653
1. Discussion, consideration, and approval of Resolution in support of Amigos Del Valle’s desire to apply for grant funds from the Texas Department of Agriculture (TDA) for their Texans Feeding Texans: Home-Delivered Meal Grant Program application. (Audio Reference 54m:06s)

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 7.A.1

Vote: 4 - 0 -Unanimously 

2. Authorization for Judge Richard F. Cortez to sign the Resolution. (Audio Reference 54m:31s)

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 7.A.2.

Vote: 4 - 0 - Unanimously
 
8.
 
District Attorney's Office:
 
A.
AI-92669
DA - Border Prosecution Unit Grant (BPU) (1281):
1. Approval to accept the Region 3-Border Prosecution Unit Grant in the amount of $1,878,718.00, effective 09/01/2023 through 08/31/2025.
2. Approval of certification of revenues as certified by the County Auditor for the FY 2024 Region 3-Border Prosecution Unit grant funds in the amount of $1,878,718.00 and appropriation of the same. (Audio Reference 54m:43s)

Commissioner Cantu 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 agenda items 8.A.1 and 8.A.2.

Vote: 3 - 0 – Unanimously
 
B.
AI-92670
DA - Forensic Evidence Testing Grant (FET) (1281):
1. Approval to accept grant award in relation to the FY 2024 Forensic Evidence Testing grant in the amount of $100,000.00 from the Office of the Governor-Criminal Justice Division (OOG-CJD) for the period of September 1, 2023, to August 31, 2024, with authority for County Judge, as authorized official, to accept award electronically. 
2. Approval of certification of revenues, as certified by the County Auditor, for the FY 2024 Forensic Evidence Testing grant in the amount of $100,000.00 and appropriation of same. (Audio Reference 55m:33s)

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 agenda items 8.B.1 and 8.B.2.

Vote: 3 - 0 – Unanimously
 
C.
AI-92668
DA - Domestic Violence Unit Grant (DVU) (1281):
Approval to continue the payment of salaries for all employees currently being paid by the Domestic Violence Unit Grant pending award of the Fiscal Year 2022 grant. (Audio Reference 56m:17s)

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 agenda item 8.C.

Vote: 3 - 0 – Unanimously
 
D.
AI-92667
DA - Victim Assistance Program Grant (VAP)(1281):
Approval to continue the payment of salaries for all employees currently being paid by the Victim Assistance Program Grant pending award of Fiscal Year 2022. (Audio Reference 56m:37s)

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 agenda item 8.D.

Vote: 3 - 0 – Unanimously
 
9.
 
Sheriff's Office:
 
A.
AI-92602
1. Pursuant to Tx. Local Gov't Code, Subchapter D-263.151(@)(A) &/or (B), declaration of Asset No: 76548 issued firearm [as further detailed in supporting documentation contained herein] as "Surplus" for the purpose [as permitted by Gov't Code 614];
2. Pursuant to Gov't Code, section 614, [permitting a peace officer retiring from a governmental entity to purchase their assigned firearm] requesting that Hidalgo County Commissioner's Court approve the value of Lieutenant Marcos Mendez's issued firearm at the Fixed Assett Value [supporting documentation attached] at $107.25. (Audio Reference 56m:58s)

Commissioner Cantu rejoined 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 agenda items 9.A.1 and 9.A.2.

Vote: 4 - 0 – Unanimously
 
B.
AI-90984
Sheriff's Office - FY 2022 General Victim Assistance Grant (VOCA) (1284):
1. Authorization and approval to accept the General Victim Assistance Grant (VOCA). Grant No. 4218503, in the amount of $77,101.25 effective on 10/01/2023 - 09/30/2024 received from the Office of the Governor-Criminal Justice Division (OOG-CJD) with authority for County Judge, as authorized official, to electronically sign grant award form and related documents.
2. Approval of the certification of revenues, as certified by the County Auditor, for the General Victim Assistance Grant (VOCA) and appropriation of same. (Audio Reference 58m:13s)

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 agenda items 9.B.1 and 9.B.2.
            
Vote: 4 - 0 – Unanimously
 
C.
AI-92693
FY 2023 JAG Program (1282):
1. Approval to accept the FY 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) award from the U.S. Department of Justice-Office of Justice Programs (DOJ-OJP) in the amount of $42,672.00 for the period of October 1, 2022 to September 30, 2026 with authority for County Judge, as authorized official, to sign required documents.
2. Approval of certification of revenues as certified by the County Auditor for the FY 2023 JAG Grant in the amount of $42,672.00 and appropriation of same. (Audio Reference 59m:08s)

 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 agenda items 9.C.1 and 9.C.2.
            
Vote: 4 - 0 – Unanimously
 
D.
AI-92696
Sheriff's Office - NCIC Tech Grant (1284):
1. Approval to rescind action taken on (AI-92631) 09/26/23 related to the NCIC Tech Grant certification of revenues.
2. Approval of partial certification of revenues, as certified by the Co. Auditor, and appropriation of funds for the NCIC Tech Grant in the amount of $145,750.00 from the total award amount of $210,000.00. (Audio Reference 59m:52s) 

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 agenda items 9.D.1 and 9.D.2.
            
Vote:
 4 - 0 – Unanimously
 
E.
AI-90934
Sheriff's Office - Rifle Resistant Body Armor Grant (1284):
1. Authorization and approval to accept grant award from the Office of the Governor - Criminal Justice Grant Division in relation to the Rifle Resistant Body Armor (RRBA) FY 2024 grant (09/01/23 - 08/31/24) in the amount of $310,800.00 with authority of County Judge, as authorized official to accept award electronically.
2. Approval of Certification of Revenues, as certified by the Co. Auditor, for the FY 2024 RRBA in the amount of $310,800.00 and appropriation of same. (Audio Reference 1h:00m 28s) 

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 agenda items 9.E.1 and 9.E.2.
            
Vote: 4 - 0 – Unanimously
 
F.
AI-90925
Sheriff's Office - Local Border Security Program (LBSP) (1284):
1. Authorization and approval to accept grant award from the Office of the Governor - Homeland Security Grant Division in relation to the LBSP FY 2024 grant (09/01/23 - 08/31/24) in the amount of $233,000.00 with authority of County Judge, as authorized official to accept award electronically.
2. Authorization to pay overtime reimbursable under the grant terms and conditions.
3. Approval of certification of revenues, as certified by the Co. Auditor, for the FY 2024 LBSP in the amount of $233,000.00 and appropriation of same. (Audio Reference 1h:01m 14s) 

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 agenda items 9.F.1, 9.F.2, and 9.F.3.
            
Vote: 4 - 0 – Unanimously
 
10.
 
Constable Pct. #1:
 
A.
AI-92614
Discussion, consideration, and approval to appoint Justo Garcia as Reserve Deputy Constable by Constable Celestino Avila Jr, Constable Pct. 1 in accordance with Texas Local Government Code Section 86.012 (Audio Reference 1h:02m 01s) 

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 agenda item 10.A.
            
Vote: 4 - 0 – Unanimously
 
B.
AI-92596
Constable Pct. 1- Texas A & M University-Kingsville (TAMUK) (1285):
1. Approval of an Interlocal Cooperation Agreement between County of Hidalgo, Texas, acting by and through the Hidalgo County Constable Pct.1 and Texas A & M University-Kingsville, acting by and through its Police Department in relation to security services with authority for County Judge, as authorized official, to execute agreement.
2. Authorization and approval to pay overtime reimbursable under the agreement terms and conditions. 
3. Approval to certify revenues by Co. Auditor and appropriation of same. (Audio Reference 1h:02m 30s) 

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 agenda items 10.B.1, 10.B.2, and 10.B.3.
            
Vote: 4 - 0 – Unanimously
 
C.
AI-92701
Constable Precinct 1 - FY 2024 Local Border Security Program (LBSP) (1284):
1. Authorization and approval to accept grant award in relation to the FY 2024 Local Border Security Program (LBSP) in the amount of $35,000.00 from the Office of the Governor-Homeland Security Grants Division (OOG-HSGD) for the period of September 1, 2023, to August 31, 2024 with authority for County Judge, as authorized official, to accept award electronically.
2. Authorization to pay overtime reimbursable under the grant terms and conditions.
3. Approval of certification of revenues, as certified by the County Auditor, for the FY 2024 Local Border Security Program (LBSP) Grant in the amount of $35,000.00 and appropriation of the same. (Audio Reference 1h:03m 07s) 

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 agenda items 10.C.1, 10.C.2, and 10.C.3.
            
Vote: 4 - 0 – Unanimously
 
11.
 
Constable Pct. #2:
 
A.
AI-92708
Constable Pct. 2 - 2022 TTBH Justice Involved Individuals (JII) Grant (1285):
Requesting authorization to reclassify overtime expenditures into Constable Pct. 2 General Fund account in the amount of $3,104.11 in order to close-out of grant.  (Audio Reference 1h:03m 53s) 

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 agenda item 11.A.
            
Vote: 4 - 0 – Unanimously
 
B.
AI-92690
Constable Precinct 2 - FY 2024 Local Border Security Program (LBSP) (1284):
1. Authorization and approval to accept grant award in relation to the FY 2024 Local Border Security Program (LBSP) in the amount of $35,000.00 from the Office of the Governor-Homeland Security Grants Division (OOG-HSGD) for the period of September 1, 2023 to August 31, 2024 with authority for County Judge, as authorized official, to accept award electronically.
2. Authorization to pay overtime reimbursable under the grant terms and conditions.
3. Approval of certification of revenues, as certified by the County Auditor, for the FY 2024 Local Border Security Program (LBSP) Grant in the amount of $35,000.00 and appropriation of the same. (Audio Reference 1h:03m 53s) 

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 agenda items 11.B.1, 11.B.2, and 11.B.3.
            
Vote: 4 - 0 – Unanimously
 
12.
 
Constable Pct. #4:
 
A.
AI-92626
Discussion, consideration, and approval to appoint Francisco J. Luevano as Reserve Deputy by Constable A. "JR" Gaitan Precinct 4 in accordance with Texas Local Government Code Section 86.012. (Audio Reference 1h:05m 08s)

As per Constable J.R. Gaitan, no action was to be taken on agenda item 12.A.
Attachments:
 
B.
AI-92733
Constable Pct.4 - FY 2024 Local Border Security Program (LBSP) 
1. Authorization and approval to accept grant award in relation to the FY 2024 Local Border Security Program (LBSP) in the amount of $73,000.00 from the Office of the Governor -Homeland Security Grant Division (OOG-HSGD) for the period of September 1, 2023 to August 31, 2023 with authority for County Judge, as authorized official, to accept award electronically. 
2. Authorization to pay overtime reimbursement under the grant terms and conditions.
3. Approval of certification of revenues, as certified by ht Auditors, for the FY2024 Local Border Security Program (LBSP) Grant in the amount of $73,000.00 and appropriation of the same. (Audio Reference 1h:05m 26s)

Constable Gaitan stated a correction for agenda item 12.B.2; In which the period should state September 1, 2023 to August 31, 2024, and not September 1, 2023 to August 31, 2023.

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 agenda items 12.B.1, 12.B.2, and 12.B.3, with stated correct for agenda item 12.B.2.

Vote: 4 - 0 – Unanimously
 
13.
 
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 (Audio Reference 1h:06m 47s)

As per the Director of Human Resources, Erika Reyna, no action was required for agenda items 13.A.1, nor 13.A.2.

3. Budget Amendment Policy - Personnel Related Amendments (Audio Reference 1h:06m 47s)

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 agenda item 13.A.3 ONLY

Vote: 4 - 0 – Unanimously
 
B.
AI-92584
Discussion, consideration, and action to set health insurance plan premiums for calendar year 2024. (Audio Reference 1h:07m 09s)

A public participation form was submitted by Fern McClaugherty; In which Ms. McClaugherty questioned if the county had ever considered collaborating with other entities for a better insurance rate for employees. Valde Guerra replied that other entities have partnered with the county and the benefit must be mutual.

The Court proceeded with a vote of approval for agenda item 13.B.

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 agenda item 13.B.

Vote: 4 - 0 – Unanimously
Attachments:
 
C.
AI-92664
CCL#8 (1100):
Approval of the following actions, effective upon Commissioners Court approval:
Action Dept./Prg. Slot # Position Title  Grade Current Allowance Amount Proposed Allowance Amount
Delete/ Remove Interpreter Allowance 028-001 0004 Bailiff 10 $3,000.00 $0.00
Create/ Add Interpreter Allowance 028-001 0010 Bailiff I (CC) 11 $0.00 $6,000.00

(Audio Reference 1h:08m 17s)

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 agenda item 13.C.

Vote: 4 - 0 – Unanimously
Attachments:
 
14.
 
Urban County:
 
A.
AI-92666
“Subject to Compliance with HB 1295” the Urban County Program is requesting consideration and action to award and enter into a construction contract with Saenz Brothers Construction, the lowest responsible bidder in the amount of $3,986,172.86 utilizing funds awarded to Hidalgo County by the Texas General Land Office (GLO) under Contract No. 22-082-005-D200 for the 2016 State Mitigation Competition Phase 2 Segment C project. (Audio Reference 1h:08m 55s)

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 agenda item 14.A.
            
Vote: 4 - 0 – Unanimously
 
B.
AI-92649
“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 Javier Hinojosa Engineering in the amount of $50,720.00 utilizing CDBG FY 31, 33, 34, 35 and 36 (2018, 2020, 2021, 2022 and 2023) Hidalgo Flood Drainage Improvements Funding and approval of Work Authorization No. 1. (Audio Reference 1h:10m 26s)

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 agenda item 14.B.
            
Vote: 4 - 0 – Unanimously

The Court proceeded to agenda item 16.A. (Audio Reference 1h:10m 54s)
 
15.
 
Head Start Program:
 
A.
AI-92675
Discussion, Approval, Appointment of One (1) Community Representative by Each Member of the Commissioners’ Court to Serve on the Hidalgo County Head Start Program Policy Council, for a One (1)Year Term According to 45 CFR (1301.3(d)(3) Beginning in October (Audio Reference 52m:53s)

County Judge, Richard Cortez appointed Sandra Lisa Martinez
Commissioner Fuentes reappointed Rosa Perez
Commissioner Cantu did not have an appointee
Commissioner Torres was absent
Commissioner Villarreal reappointed Avelina Pena Segovia

The Court proceeded with a vote of approval as appointed/stated by the members 

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL to accept the nominations, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 15.A, as appointed/stated by the court members.

Vote: 4 - 0 - Unanimously

The Court proceeded to agenda item 7.A. (Audio Reference 54m:06s)
 
16.
 
Elections Department:
 
A.
AI-92658
1. Discussion on Election Updates. (Audio Reference 1h:10m 54s)

Division Manager, Eberto Gauna, presented an update about the upcoming November 7, 2023 Special Constitution Election.

No action was taken on agenda item 16.A.1.

2. Approval of the November 7, 2023 Special Constitutional Amendment Election and Local Entities Elections Services Contract between Hidalgo County and the following entities:
  • McAllen Independent School District
  • PSJA Independent School District
  • The City of Donna
  • The City of Palmview
(Audio Reference 1h:12m 09s)

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 agenda item 16.A.2.

Vote: 4 - 0 – Unanimously
 
17.
 
Planning Department:
 
A.
AI-92697
1. Requesting approval to rescind action on Consent Agenda Item 90853 1.h approved by Commissioners' Court on 5/16/2023 (Audio Reference 1h:12m 09s)

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 agenda item 17.A.1.

Vote: 4 - 0 – Unanimously

2. PIPELINE AND UTILITY PERMIT
a. Applicant: GST Construction Inc. (Jacobo Garza) 
Legal Description: 10.00 acres out of Lot 452 John H. Shary Subdivision; Proposed; Nemont Estates Phase II Subdivision (Glasscock Road & Mile 6 Road) (Pct. 3)
Proposed improvement within Right-of-Way: One 6” Sanitary Sewer Line with a 12” PVC casing boring Mile 6 Road, Glasscock Road and Taylor Road.  One Line extension running east approximately 1/2 mile east along the south side of Mile 6 Road.

(Audio Reference 1h:13m 03s)

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 17.A.2.a.

Vote: 4 - 0 -Unanimously 
 
18.
 
Precinct #1 - Comm. Fuentes:
 
A.
AI-92699
Requesting approval to accept the counter offer to purchase a tract of land known as Parcel No. 40 associated with the Mile 6 W Road Improvement Project (RCSJ# 0921-02-355) with authority for the County Judge to sign the Administration Evaluation and Approval Form. (Audio Reference 1h:13m 25s)

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 agenda item 18.A.
            
Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI-92698
 Authorization and approval to rename county road 1595 to DLID River Road for 911 purposes as recommended by the RGVECD - 911 department. (Audio Reference 1h:13m 47s)

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 agenda item 18.B.
            
Vote: 4 - 0 – Unanimously
Attachments:
 
19.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-92731
Pct 2 Cesar Chavez (Bus. 83-Ridge):
Requesting approval to accept counter-offer to purchase tract of land known as Parcel 9 associated with the Pct 2 Cesar Chavez Road Project from Bus 83 to Ridge Road (ROW CSJ:0921-02-412) with authority for the County Judge to sign the Administrative Evaluation and Approval Form. (Audio Reference 1h:14m 06s)

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 agenda item 19.A.

Vote: 4 - 0 -Unanimously 
Attachments:
 
20.
 
Precinct #3 - Comm. Villarreal:
 
A.
AI-92622
Requesting authorization to name a road located 1400 LF west of Ojo De Agua St and 284 LF south on Chihuahua Rd and runs through Parcel IDs: 222218, 222217, 222213, and ends at Parcel ID 222210 in the Los Ejidos De Reynosa Subd. as Los Ejidos St. (Audio Reference 1h:14m 25s)

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 20.A.

Vote: 4 - 0 - Unanimously
 
21.
 
Precinct #4 - Comm. Torres:
 
A.
AI-92730
Pct. 4 UT-Health Snap-Ed Program (1286):
Requesting the ratification and approval to continue the payment of salaries for two (2) Hidalgo County Health Workers currently being paid with FY 2023 grant funds; to start payment of salaries out of the fiscal year of 2024 grant funds after approval of the final revised draft ICA with UT-Health Snap-Ed Program commencing, October 1, 2023 - September 30, 2024. (Audio Reference 1h:15m 04s)

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 agenda item 21.A.

Vote: 4 - 0 - Unanimously
 
 
22.
 
Budget & Management:
 
A.
AI-92702
Acceptance and approval of the Texas Juvenile Justice Department Salary Adjustments effective September 01, 2023, as per HB 1. (Audio Reference 1h:15m 43s)

Commissioner Fuentes stepped away from the meeting.

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 22.A.

Vote: 3 - 0 - Unanimously
 
B.
 
Budget Appropriations:
 
1.
AI-92660
Pct. 4 Road & Bridge (1200):
Approval of certification of revenues by County Auditor in the amount of $36,740.89 in relation to labor reimbursement received from Drainage District No. 1 for the Raymondville Drainage Project and appropriation of same. (Audio Reference 1h:16m 13s)

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 22.B.1.

Vote: 3 - 0 - Unanimously
 
2.
AI-92657
TB Prevention & Control (1293):
Approval to deobligate cash match funds and appropriate into Co. Wide Adm.-Contingency in the amount of $28,384.00 in relation to the TB Prevention & Control grant due to the contract being shortened by four months. (Audio Reference 1h:16m 37s)

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 22.B.2.

Vote: 3 - 0 - Unanimously
Attachments:
 
23.
 
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.
AI-92665
1.  Requesting exemption from competitive bidding requirements under TxLGC 262.024(a)(7), an item that can be obtained from only one source, (7) items from which competition is precluded because of the existence of patents, copyrights, secret processes, or monopolies; (Audio Reference 1h:16m 37s)

Purchasing Director, Ignacio Amezcua, stated a correction to agenda item 23.A.1; in which the TxLGC should have stated 262.024(a)(7)(a), and not TxLGC 262.024(a)(7).

The Court proceeded with a vote of approval for agenda item 23.A.1 with the stated correction.

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 23.A.1, with the stated correction.

Vote: 3 - 0 -Unanimously 

2.  Acceptance and approval of a Sole Source Declaration for vendor, Asset Systems, Inc. for the purchase of an annual asset management software subscription, for the Fixed Asset Division. (Audio Reference 1h:17m 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 agenda item 23.A.2.

Vote: 3 - 0 -Unanimously

3.  Ratification of issuance of PO# 869113 dated September 06, 2023, for the purchase of an annual subscription renewal from Asset Systems, Inc. (Audio Reference 1h:18m 04s)

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 23.A.3.

Vote: 3 - 0 - Unanimously
 
B.
 
Hidalgo County
 
1.
AI-92390
A. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4): a personal or professional service; (Audio Reference 1h:18m 23s)

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 agenda item 23.B.1.A.

Vote: 4 - 0 -Unanimously 

B. Presentation of scoring grid for the purpose of ranking by HCCC, of firms graded through the County’s Pool of pre-qualified Professional Architectural Services to provide Americans with Disabilities Act surveying and other required services for the “Hidalgo County Public Facilities Survey and Maintenance Services” Project:
  Milnet Architectural Services, PLLC The Warren Group Architects Inc. Sam Garcia Architect
Evaluator No. 1 2 1 3
Evaluator No. 2 2 1 3
Evaluator No. 3 1 2 3
Evaluator No. 4 1 2 3
Evaluator No. 5 1 2 3
TOTAL 7 8 15
RANK      
*Evaluation and Scoring conducted by Committee members.

(Audio Reference 1h:18m 43s)

The Court proceeded with a vote of approval as ranked.

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 agenda item 23.B.1.B, as ranked.

Vote: 4 - 0 – Unanimously

C. Requesting authority for HC Purchasing Department to negotiate a Professional Architectural Service Agreement commencing with the No.1 ranked firm Milnet Architectural Services, PLLC to provide Americans with Disabilities Act surveying and other required services for the “Hidalgo County Public Facilities Survey and Maintenance Services” Project. (Audio Reference 1h:19m 12s)

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 agenda item 23.B.1.C.

Vote: 4 - 0 - Unanimously
Attachments:
 
2.
AI-92504
Requesting acceptance and approval of the sole qualified and final negotiated offer meeting all requirements for a Letter of Engagement between Hidalgo County and BLX, Group for Arbitrage Calculation Services. (Audio Reference 1h:19m 39s)

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 agenda item 23.B.2.

Vote: 4 - 0 - Unanimously
 
C.
 
County Judge's Office
 
1.
AI-92694
Acceptance and approval of Amendment No. 1 to the Consulting Services Agreement (C-23-0131-05-30) for County Planning and Economic Development between Hidalgo County and MRP Consulting Services, LLC to include travel reimbursement clause, with authority for the County Judge to sign required documents. (Audio Reference 1h:19m 57s)

A public participation form was submitted by Fern McClaugherty; In which Ms. McClaugherty questioned if this agenda item was previously approved. Mr. Amezcua clarified that this was an approval to include travel reimbursement clause.

The Court proceeded with a vote of approval for agenda item 23.C.1.

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 agenda item 23.C.1.

Vote: 4 - 0 – Unanimously
 
D.
 
Pct. 3
 
1.
AI-92643
Requesting approval of Work Authorization No. 2, with an estimated cost of $78,753.67, as submitted by B2Z Engineering LLC, through Hidalgo County's Professional Engineering Services Agreement (C-22-0213-09-06/ARPA-21-340-019/ARPA-22-123-075) to provide Construction Material Testing Services for the El Paraiso Health Clinic Improvements Project & El Paraiso Community Resource Center, with authority for County Judge and Commissioner Precinct No. 3 to sign all required documentation. (Audio Reference 1h:21m 51s)

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 agenda item 23.D.1.

Vote: 4 - 0 – Unanimously 
 
E.
 
Pct. 4
 
1.
AI-92634
Requesting approval to award job order contractor, RENOWORKS, LLC through HC’s membership with TIPS (JOC Contract 211001), for the “Precinct No. 4 Office Renovations” project, in the amount of $81,478.00, with authority to issue a Notice to Proceed upon receipt of the required payment bond.  (Audio Reference 1h:22m 25s)

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 agenda item 23.E.1.

Vote: 4 - 0 – Unanimously 
 
F.
 
Health & Human Services Dept.
 
1.
AI-92659
Requesting approval of Amendment six to Netsmart Technologies, Inc. Master Agreement (C-20-227-06-30) to include the Application Managed Services (AMS) that will enable the reconfiguration and setup of the financial and billing components for the Electronic Medical Records system to comply with the reporting requirements for the Texas Department of State Health Services and the Hidalgo County Auditor’s Office with authority for the County Judge to sign any and all required documents. (Audio Reference 1h:21m 51s)

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 agenda item 23.F.1.

Vote: 4 - 0 – Unanimously 
 
G.
 
District Clerk
 
1.
AI-92568
A. Requesting approval to terminate the "Software as a Service Agreement" (C-19-155-06-06) between HC District Clerks and Tyler Technologies Inc. to be replaced with a new Tyler Tech SaaS Agreement.  (Audio Reference 1h:23m 22s)

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 agenda item 23.G.1.A.

Vote: 4 - 0 – Unanimously 

B. Requesting approval to enter into a "Software as a Service Agreement" (with cost savings) between HC District Clerks and Tyler Technologies, under the Sourcewell COOP (No. 090320-TTI), first annual fee of $78,000 and a total annual recurring cost of $99,030, with authority for County Judge to sign all required documents. (Audio Reference 1h:23m 40s)

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 agenda item 23.G.1.B.

Vote: 4 - 0 – Unanimously 
 
H.
 
WIC
 
1.
AI-92570
A. Requesting exemption from competitive bidding requirements pursuant to TLGC 262.02(a)(7)(A), items for which competition is precluded because of the existence of patents, copyrights, secret processes, or monopolies; (Audio Reference 1h:24m 06s)

Mr. Amezcua stated a correction to agenda item 23.H.1.A,; In which TxLGC should have stated  262.024(a)(7)(A), and not TxLGC 262.02(a)(7)(A)

The Court proceeded with a vote of approval for agenda item 23.H.1.A.

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 agenda item 23.F.1.b

Vote: 4 - 0 – Unanimously  

B. Acceptance and approval of the "Sole Source Declaration" for the Hemocue, to be utilized by HC WIC Department with said declaration to remain in effect while the declaration is in place or until revoked by HCCC; (Audio Reference 1h:24m 38s)

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 agenda item 23.H.1.B.

Vote: 4 - 0 – Unanimously

C. Requesting approval to accept the donation of two-hundred (200) HB 301 Cuvettes from South Plains Community Action, with the approval for County Judge to sign any and all required documents. (Audio Reference 1h:24m 59s)

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 agenda item 23.H.1.C.

Vote: 4 - 0 – Unanimously
 
I.
 
Sheriff's Office
 
1.
AI-92583
A. Requesting approval of the following Change Directives in connection with the Renovations and Repairs to the Leased Willacy County Detention Facility project (C-22-0661-05-30) from the contracted vendor, Noble Texas Builders, LLC:
Description Total Amount
Change Directive No.4
Shower Panels
$65,203.00
Change Directive No. 9
Test and Balance
$98,700.00
Change Directive No. 10 
Site Grading
$92,150.00

(Audio Reference 1h:25m 12s)

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 agenda item 23.I.1.A.

Vote: 4 - 0 - Unanimously

B. Requesting authority for the HC Sheriff, Designee or the County Judge to sign all required documentation. (Audio Reference 1h:25m 52s)

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 agenda item 23.I.1.B.

Vote: 4 - 0 - Unanimously
 
2.
AI-92623
Requesting approval to purchase one (1) Rough Terrain Scissor Lift through Hidalgo County's membership with OMNIA Partners Cooperative, (Contract No. 192163), awarded vendor W.W. Grainger, Inc., in the amount of $65,169.15. (Audio Reference 1h:26m 03s)

A public participation form was submitted by Fern McClaugherty; In which Ms. McClaugherty questioned the purpose for the purchase of the scissor lift. Mr. Guerra stated that he would contact Ms. McClaugherty with the requested information.

The Court proceeded with a vote of approval for agenda item 23.I.2.

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 23.I.2.

Vote: 4 - 0 -Unanimously 
 
3.
AI-92600
Requesting approval to purchase equipment/supplies to maintain and operate the leased Willacy County Detention Facility, located at 1600 S. Buffalo Dr. Raymondville, TX, through OMNIA Partners Cooperative (Contract No. 192163), awarded vendor WW Grainger Inc, in the amount of $36,974.82, with authority for the HC Sheriff to sign any and all required documentation. (Audio Reference 1h:27m 25s)

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 agenda item 23.I.3.

Vote: 4 - 0 – Unanimously
 
J.
 
Auditor's Office
 
1.
AI-92717
Requesting approval to enter into a three (3) year subscription with DebtBook, for accounting and reporting of leases to comply with GASB Statement #87, through HC's Membership with Omnia Partners Cooperative (Contract No. 14-03) in the total amount of $129,000.00. (Audio Reference 1h:27m 53s)

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 agenda item 23.J.1.

Vote: 4 - 0 – Unanimously
 
24.
 
Executive Office:
 
A.
 
Presentation for discussion of the following:
1) New Courthouse Project Updates
2) Update on ongoing county owned building construction, relocation and/or renovation repair projects
3) Emergency situations occurring since last agenda meeting

(Audio Reference 1h:28m 21s)

As per Valde Guerra, no discussion and/or action was required for all items under agenda item 24.A.
 
25.
 
Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. American Rescue Plan Act (ARPA) Funds
B. Measures necessary to preserve public health and safety
C. Direction regarding County government operations, including but not limited to essential functions

(Audio Reference 1h:28m 26s)

As per Valde Guerra, no discussion and/or action was required for all items under agenda item 25.
 
26.
 
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:28m 39s)

The Court proceeded into closed session with a vote of approval at 11:22 A.M.

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 to proceed into closed session.

Vote: 4 - 0 - Unanimously
 
A.
 
Real Estate Acquisition

Reference agenda item 28.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 privilege under the authority of the Open Meetings Act Section 551.071, Government Code.

Reference agenda item 28.B.
 
C.
 
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference agenda item 28.C.
 
D.
AI-92671
Cause No.:2:16-cv-03493- FMO-AS; City of Long Beach, et al v. Monsanto Company, et. al.

Reference agenda item 28.D.
 
 
E.
AI-92706
C-0830-16-G; R. Gutierrez Engineering Corporation v. Hidalgo County

Reference agenda item 28.E.
 
 
F.
AI-92734
Claim of Edward Loredo

Reference agenda item 28.F.
 
 
G.
AI-92736
Claim of Genesis Salazar, et al 

Reference agenda item 28.G.
 
 
H.
AI-92722
Claim of Priscilla Lerma

Reference agenda item 28.H.
 
 
I.
AI-92679
Claim of Sirlene Hernandez De Rios

Reference agenda item 28.I.
 
 
J.
AI-92681
Claim of Edward Loredo

Reference agenda item 28.J.
 
 
27.
 
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:32m 04s)

No action was required for agenda items 27.A, nor 27.B.
 
28.
 
Open Session: (Audio Reference 1h:29m:33s)

The Court returned from closed session at 12:15 P.M., and proceeded to agenda item 28.A.

Valde Guerra presented all agenda items under Open Session.

 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 1h:29m:33s)

No action was taken on agenda item 28.A.
 
B.
 
Pending and/or potential litigation (Audio Reference 1h:29m:45s)

No action was taken on agenda item 28.B.
 
C.
 
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 1h:29m:48s)

No action was taken on agenda item 28.C.
 
D.
AI-92672
Cause No.:2:16-cv-03493- FMO-AS; City of Long Beach, et al v. Monsanto Company, et. al.

Valde Guerra requested the Court to accept the settlement check regarding the class action suit in the amount of $27,414.03

The Court proceeded with a vote of approval as requested.

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 agenda item 28.D, as requested above.

Vote: 4 - 0 – Unanimously
 
E.
AI-92707
C-0830-16-G; R. Gutierrez Engineering Corporation v. Hidalgo County (Audio Reference 1h:30m 19s)

No action was taken regarding agenda item 28.E.
 
F.
AI-92735
Claim of Edward Loredo (Audio Reference 1h:30m 24s)

No action was taken regarding agenda item 28.F.
 
G.
AI-92737
Claim of Genesis Salazar, et al (Audio Reference 1h:30m 42s)

Valde Guerra requested that Claim of Genesis Salazar, et al be assigned to Josephine Ramirez's Office, DA Civil Litigation, to protect the county's interest.

The Court proceeded with a vote of approval as requested.

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 agenda item 28.G, as requested.

Vote: 4 - 0 – Unanimously
 
H.
AI-92723
Claim of Priscilla Lerma (Audio Reference 1h:31m 02s)

Valde Guerra requested that Claim of Priscilla Lerma be assigned to Josephine Ramirez's Office, DA Civil Litigation, to protect the county's interest.

The Court proceeded with a vote of approval as requested.

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 agenda item 28.H, as requested.

Vote: 4 - 0 – Unanimously
 
I.
AI-92680
Claim of Sirlene Hernandez De Rios (Audio Reference 1h:31m 21s)

Valde Guerra requested for settlement authority to make an offer in the amount of $153.66.

The Court proceeded with a vote of approval as requested.

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 agenda item 28.I, as requested.

Vote: 4 - 0 – Unanimously
 
J.
AI-92682
Claim of Edward Loredo (Audio Reference 1h:31m 38s)

Valde Guerra requested for settlement authority to make an offer in the amount of $1,322.27

The Court proceeded with a vote of approval as requested.

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 agenda item 28.J, as requested.

Vote: 4 - 0 – Unanimously
 
29.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

(Audio Reference 1h:32m 11s)

The Court did not proceed into closed session - Agenda item 29.
 
30.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

(Audio Reference 1h:32m 13s)

The Court did not proceed to agenda item 30.
 
31.
 
Adjourn (Audio Reference 1h:32m 42s)

The Court proceeded with a vote of approval to adjourn the meeting at 12:18 P.M.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval to adjourn the meeting.

Vote: 4 - 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 3rd day of October 2023

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 October 3, 2023.

Signed this 4th day of October 2023




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy