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SPECIAL MEETING - September 15, 2020

BE IT REMEMBERED, that on this 15th day of September A.D., 2020, 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 JOE M. FLORES

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
September 15, 2020
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 videoconference.  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 29m:36s)

Judge Cortez called the meeting to order at 10:27 A.M.

All members of the court were present during the roll call.
             
2.   Pledge of Allegiance (Audio Reference 29m:53s)

Judge Cortez led in the reciting of the Pledge of Allegiance.
             
3.   Prayer (Audio Reference 30m:08s)

Judge Cortez offered the prayer.
             
4.   Approval of Consent Agenda (Audio Reference 31m:29s)

Valde Guerra requested that the court pull Consent Agenda items: 4.B.1.A, 7.L, 7.O.1, & 7.O.2.

The court motioned to approve the remainder of the Consent Agenda without Consent Agenda items: 4.B.1.A, 7.L, 7.O.1, & 7.O.2.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval of the remainder of the Consent Agenda, without Consent Agenda items: 4.B.1.A, 7.L, 7.O.1, & 7.O.2.

Vote: 5 - 0 – Unanimously

The court proceeded to Consent Agenda 4.B.1.A for further discussion.
             
5.   Open Forum (Audio Reference 34m:07s)

There were two Open Forum participants.

First participant, Jerusalem Flores, expressed his concerns to the court in reference to the property tax increase.

Second participant, Fern McClaugherty, voiced her concerns on the property tax increase, as well as agenda items 20.A.1 & 20.B.1.

No action was taken on item 5 - Open Forum.
             
6.   County Judge's Office:
             
A.   AI-77378    Census Division: (Audio Reference 40m:39s)
Discussion, consideration and action regarding participation request from Here Everybody Loves People - Census Outreach

Judge Cortez stated that no action was to be taken on item 6.A.
             
7.   County Treasurer - Lita Leo:
             
A.   AI-77339    Discussion, consideration and action regarding the participation in the Employee Payroll Tax Deferral. (Audio Reference 40m:46s)

County Treasurer recommended to the court that Hidalgo County not participate in deferment of the social security taxes. 

Legal Counselor, Josephine Ramirez, recommended to the court to state a motion to not participate in deferment of the social security taxes.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval not to participate in the deferment of the social security taxes for item 7.A.

Vote: 5 - 0 -Unanimously 
  Attachments:
  Alio Notice
  IRS Notice 2020-65
  Memorandum
 
             
8.   Tax Office - Paul Villarreal:
             
A.   AI-77320    1.  Presentation of Hidalgo County 2019-2020 Annual Collection Report. (Audio Reference 40m:46s)

Paul Villareal, with the Tax Office, presented to the court the Annual Collection Report for 2019-2020. 

No action was taken on item 8.A.1.

2.  Presentation of Hidalgo County 2019-2020 Annual Motor Vehicle Collection Report. (Audio Reference 49m:17s)

Motor Vehicle Manager, Santos Castilleja, presented to the court the Annual Motor Vehicle Collection Report for 2019-2020.

No action was taken on item 8.A.2.

The court proceeded to item 19.B. (Audio Reference 54m:06s)
  Attachments:
  Hidalgo County Annual Collections Report 2019-2020
  Motor Vehicle 2020 Report
 
             
9.   Executive Office:
             
A.   Presentation for discussion of the following:
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects
2) Emergency situations occurring since last agenda meeting

(Audio Reference 1h:03m 09s)

Valde Guerra stated that no action was to be taken on item 9.A.1 & 9.A.2.
             
B.   AI-77319    Presentation by Linebarger Goggan Blair & Sampson, LLP of the Delinquent Tax Collection Report for the period of July 1, 2019 to June 30, 2020 (Audio Reference 1h:03m 24s)

Kelly Salazar and Michael Cano, with Linebarger Goggan Blair & Sampson, LLP,  presented before the court Delinquent Tax Collection Report for the period of July 1, 2019 to June 30, 2020, as well as the Tax Sale/Resale Program.

No action was taken on item 9.B.
  Attachments:
  email
  report
 
             
C.   AI-77305    Discussion, consideration and action on Memorandum of Understanding (MOU) between the County of Hidalgo and Lower Rio Grande Valley Development Council (LRGVDC) by and through Valley Metro for bus shuttle services (Audio Reference 1h:24m 38s)

Valde Guerra stated that no action was to be taken on item 9.C.
 
  Attachments:
  Exb A
  Exb B
  MOU
 
             
10.   Sheriff's Office:
             
A.   AI-77322    Approval of Sheriff and Constable Fee Schedule for Year 2021. (Audio Reference 1h:25m 42s)

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 10.A.
                                                        
 Vote: 5 - 0 – Unanimously
 
  Attachments:
  2021 fee schedule
 
             
11.   Constable Pct. #3:
             
A.   AI-77331    Discussion, consideration, and approval to appoint Adan Salinas, as Deputy Constable, by Lazaro Gallardo, Jr., Constable Pct. 3, in accordance to the Texas Local Government Code Section 86.011. (Audio Reference 1h:27m 30s)

Commissioner Fuentes stepped away from the meeting.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 11.A.

Vote: 4 - 0 - Unanimously
  Attachments:
  Constable Code
 
             
12.   Veteran's Services:
             
A.   AI-77326    Requesting approval of logo to be used to identify Hidalgo County Veterans Services Broken Arrow Grant Division. (Audio Reference 1h:28m 08s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 12.A.

Vote: 4 - 0 - Unanimously
  Attachments:
  Broken Arrow Logo
 
             
13.   Community Service Agency:
             
A.   AI-77308    Discussion, consideration, and action to approve the updated changes to the Hidalgo County Community Service Fiscal Department Policy.  (Audio Reference 1h:30m 44s)

Commissioner Fuentes rejoined the meeting.

Jaime Longoria, with the Community Service Agency, explained to the court that Section 17 was added to the agency's fiscal policies, and was recommended by the agency's financial audit last year. Mr. Longoria further stated to the court, in order to be in compliance with Section 200.305 B Sub-Section 9, the agency must amend their policies to include these changes.

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 13.A.

Vote: 5 - 0 - Unanimously 
  Attachments:
  Fiscal Policy
 
             
14.   Elections Administration:
             
A.   AI-77359   
  1. Discussion on Election Updates.
  2. Discussion, consideration and approval for the Hidalgo County Elections Department to apply for the Center for Technology and Civic Life Grant (CTCL).
  3. Discussion, consideration and approval for the Hidalgo County Elections Department to sign and submit any documents necessary to comply with the CTCL Grant requirements.
AI - 14.A.1. - (Audio Reference 1h:32m 13s)

Yvonne Ramon, with the Elections Department, stated that October 5, 2020 was the deadline to register as a new voter and/or make any changes. Mrs. Ramon further stated that the department's goal to post the sample ballot on the Elections Department's website will be September 21, 2020.

No action was taken on item 14.A.1.

AI - 14.A.2. - (Audio Reference 1h:33m 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 14.A.2.
                                                                              
Vote: 5 - 0 – Unanimously

Commissioner Torres stepped away from the meeting.

AI - 14.A.3. - (Audio Reference 1h:34m 41s)

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 14.A.3.
                                                        
Vote: 4 - 0 – Unanimously
  Attachments:
  CTCL Grant Program
 
             
15.   WIC:
             
A.   AI-77336    Approval of one-time payment equivalent to 3.5% increase to WIC Department Employees and authority for County Treasurer to process. (Audio Reference 1h:36m 17s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.A.

Vote: 4 - 0 – Unanimously
  Attachments:
  State Approval - One Time Merit
 
             
16.   Precinct #2 - Comm. Cantu:
             
A.   AI-77383    Requesting approval to issue a check payable to Lonestar Pipeline Company, LLC, in the amount of $620,003.00 for the utility relocation of a gas line in accordance with the Advance Funding Agreement for the Pct 2 Dicker Road Reconstruction Project (CSJ:0921-02-312) approved by CC 4/9/19 AI#69798. (Audio Reference 1h:37m 47s)

Commissioner Torres rejoined the meeting.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 16.A.

Vote: 5 - 0 – Unanimously

The court proceeded to item 17.A. (Audio Reference 1h:38m 55s)
  Attachments:
  AFA Amendment No. 1
  Final Billing Package
 
             
B.   AI-77361    Requesting approval of a service agreement between Hidalgo County and Here Everybody Loves People a non-profit organization to promote and advertise the 2020 Census. (Audio Reference 2h:21m 30s)

Valde Guerra stated that no action will be taken on item 16.B.

The court proceeded to item 24.A. (Audio Reference 2h:21m 47s)
             
17.   Precinct #3 - Comm. Flores:
             
A.   AI-77370    Requesting approval to accept counteroffer to purchase a tract of land known as Parcel 71 associated with the Veterans Blvd. project with authority for the County Judge to sign the Administrative Evaluation and Approval Form. (Audio Reference 1h:39m 09s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 17.A.

Vote: 5 - 0 - Unanimously
  Attachments:
  P #71 Adm Evaluation & Approval Form
 
             
18.   Precinct #4 - Comm. Torres:
             
A.   AI-77371    Requesting approval of an Interlocal Cooperation Agreement between IDEA Public Schools and the County of Hidalgo for the purposes of (student boarding and de-boarding transportation area) for the 2020-2021 School Year at the Endowment CRC (located on SH 107 North and Sunflower Rd. within Precinct 4), agreement expiring on August 31, 2021. (Audio Reference 1h:39m 35s)

Commissioner Flores stepped away from the meeting.

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 18.A.
                                                                              
 Vote: 4 - 0 – Unanimously
  Attachments:
  ICA Executed
  ILA
  legal approval
 
             
19.   Budget & Management:
             
A.   AI-77385    Status update on Hidalgo County Wellness Program (Audio Reference 1h:40m 21s)

Diana Hualpa, with the Wellness Program, presented to the court updates on the following programs: Diabetes Management Plus Program, TelaDoc Health, Employee Assistance Program, Vera Whole Health, Wellness Embassadors, and upcoming events.

No action was taken on item 19.A.

The court proceeded to item 19.D. (Audio Reference 1h:48m 49s)
             
B.   AI-77295    Consider and approve an order authorizing issuance, sale and delivery Hidalgo County, Texas Certificates of Obligation, Series 2020; payable from the levy of a direct and continuing annual ad valorem tax within the limits prescribed by law and a limited pledge (never to exceed $1000) from the surplus net revenues from the operation of the County’s parks as authorized pursuant to chapter 320, local government code; prescribing the terms and form thereof; providing for the payment of the principal thereof and interest thereon; authorizing the use of an official statement to be used in connection with the sale of the certificates; and making other provisions regarding such certificates and matters incident thereto. (Audio Reference 54m:06s)

Noe Hinojosa, with Estrada & Hinojosa Investment Banker, presented to the court the Pricing Progression Summary & Tax Rate Impact with 2020 Issuance with the September 14, 2020 sale.

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.B.
                                                        
 Vote: 5 - 0 – Unanimously

Sergio Cruz, with the Budget and Management Department, stated 11:01 A.M as the time in which item 19.B was approved for the record. (Audio Reference 1h:02m 40s)
  Attachments:
  Rule 15c2-12 Certificate Executed
  Certificate for Order Executed
  Certificates of Obligation, Series 2020 - Registered Principal Amount Executed
  Certificates of Obligation, Series 2020-Purchase Contract Executed FOR RECORD ONLY
  Certificates of Obligtion, Series 2020 Executed
  Closing Certificate Executed
  General Certificate Executed
  Official Statement Certificate Executed
  Order Authorizing Issuance Executed
  Paying Agent-Registrar Agreement Executed
  Resolution authorizing Publication of county's noticeds of intent to issue certificates Executed
  Signature Identification & No-Litigation Certificate Executed
  Tax Exemption and No-Arbitrage Certificate Executed FOR RECORD ONLY
 
             
C.   AI-77296    Approval of cost of issuance budget for Certificate of Obligations, Series 2020. (Audio Reference 1h:02m 48s)

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.C.
                                                        
 Vote: 5 - 0 – Unanimously

The court returned back to item 9.A. (Audio Reference 1h:03m 09s)
  Attachments:
  cost of issuance
 
             
D.   AI-77311   
CARES Act Relief Funds (1287): (Audio Reference 1h:48m 49s)
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.

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.D.
                                                                              
 Vote: 4 - 0 – Unanimously
  Attachments:
  Exhibit A
  AIB-Incurred Cost
 
             
E.   AI-77362    Pct.4 TxDOT Ware/FM2220: (Audio Reference 1h:49m 29s)
Approval of 2020 interfund transfer from R&B (1200) into TxDOT (1315) in the amount of $24,933.07 to fund Supplemental Agreement #3 to WA#1.

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.E.

Vote: 4 - 0 - Unanimously 
  Attachments:
  Interfund
 
             
F.   AI-77353    Authority for County Judge to sign all required documents for the 2021 renewal with Aetna Life Insurance Company and PrudentRx as approved on 9/8/20 Commissioners' Court with AI-77185. (Audio Reference 1h:49m 53s)

Valde Guerra stated for the record that Commissioner Fuentes abstained from any discussion and/or action on item 19.F.

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.F.

Vote: 3 - 0 – Unanimously
  Attachments:
  Affidavit
 
             
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-75468    A. Presentation of scoring grid for the purpose of HCCC ranking the responses received for the project: RFP 2020-062-04-08-"Real-Time (Live) Online Auction for Tax Foreclosed Properties"; (Audio Reference 1h:51m 12s)

Martha Salazar, with the Purchasing Department stated the scores as follows: Real Auction with a score of 446 and Auction House with a score of 449.

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.A.

Vote: 4 - 0 -Unanimously 

 
B. Authority for the Purchasing Department to commence negotiations for a contract [to be presented to HCCC for action] with the highest ranked/qualified respondent Auction Haus for "Real-Time (Live) Online Auction for Tax Foreclosed Properties." (Audio Reference 1h:52m 02s)

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.A.1.B.

Vote: 4 - 0 – Unanimously

The court proceeded to item 20.B.1. (Audio Reference 1h:57m 40s)
  Attachments:
  forms
  grid
  Acceptance-Participation Sheets
  Scoring Criteria
 
             
2.   AI-77345   
Presentation by HDR of  the following conceptual site design options by Commissioners Court for the New Hidalgo County Courthouse [as a result of City, TxDOT and MPO related projects inside and outside the Square]:
A.  Option 1 - The Square; OR,
B.  Option 2 -  The Meander;

(Audio Reference 2h:01m 26s)

Oscar Garcia, with Jacobs, presented a summary to the court for each option stated above, and what each option includes.

The court motion to approve Option B - The Meander.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval of Option B - The Meander.

Vote: 4 - 0 - Unanimously 

The court proceeded to item 20.E.1. (Audio Reference 2h:11m 42s)
  Attachments:
  HDR-Concept Site Options
 
             
B.   County Judge's Office
             
1.   AI-77377   
Emergency Management is requesting approval to purchase one (1) 2020 Dodge RAM Tradesman 3500 vehicle through the County's membership/participation with the following cooperative: Buyboard, contract #601.19 thru awarded vendor, Grapevine Dodge Chrysler Jeep in the  total amount of $48,107.00 which includes delivery and a one time administration fee of $400.00 subject to 1295 compliance and price verification. (Audio Reference 1h:57m 48s)

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 20.B.1.
                                                        
 Vote: 4 - 0 – Unanimously
  Attachments:
  Administrative Fee
  Buyboad Contract
  MSRP
  Quote
 
             
C.   Pct. 1
             
1.   AI-77372   
A.  Acceptance and approval of an Interlocal Cooperation Agreement between the County of Hidalgo, the City of Progreso, and Urban County (CDBG) for a road overlay of Mile 2 W (Gonzalez Rd.) from (Military HWY 281 to 866 ft. north of Gonzalez Rd.); (Audio Reference 1h:58m 41s)

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.C.1.A.
                                                                              
 Vote: 4 - 0 – Unanimously

B.  In accordance with Section 791.014 of the Texas Government Code, requesting approval of a  road improvement project to a portion of Gonzalez Rd. from (Military HWY 281 to 866ft. north of Gonzalez Rd.) (Audio Reference 1h:57m 48s) (Audio Reference 1h:59m 19s)

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.C.1.B.
                                                                              
 Vote: 4 - 0 – Unanimously
  Attachments:
  ICA & Approval Executed
  Cost Estimate
  ICA-revised
  Legal approval
  Map of Gonzalez Rd.
 
             
D.   Pct. 4
             
1.   AI-77384    A.     Requesting approval of Supplemental Agreement No.3 to Work Authorization No. 1, under Contract No. C-15-136-06-02 with L&G Engineering, for professional services on "Ware Road (FM 2220) Project" to amend the following areas to include the additional scope of work and cost associated with the Aerial Imagery: (Audio Reference 1h:59m 59s)
  • Exhibit B - Scope of Services to be provided by the Engineer
  • Exhibit D-1 - Estimated Man-Hour Breakdown
Estimated cost from the original Work Authorization No.1 will increase from $1,410,038.14 to $1,434,971.21; for a total Supplemental No.3 increase of $24,933.07.

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.D.1.A.

Vote: 4 - 0 - Unanimously 

B.     Pursuant to Article 14 of the original contract, request by L&G Engineering to engage B2Z Engineering as a subcontractor for aerial imagery services. (Audio Reference 2h:00m 55s)

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.D.1.B.

Vote: 4 - 0 - Unanimously 

The court returned back to item 20.A.2. (Audio Reference 2h:01m 18s)
  Attachments:
  Exh D - revised
  SA#3 to WA#1
 
             
E.   IT Department
             
1.   AI-77277   
A. Discussion, consideration, and action to approve a necessary CARES Act Relief Fund expenditure to cover cost not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation, in order to assist with County functions and compliance with public health measures related to the ongoing COVID-19 public health emergency with establishing a WIFI Project to assist the citizens with distance learning including technical improvements, as well as teleworking capabilities which requires a maintenance and service agreement; the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use.; (Audio Reference 2h:11m 45s)

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.E.1.A.

Vote: 4 - 0 – Unanimously

B. Requesting exemption from competitive bidding requirements under the Texas Local Government Code Section 262.024 (A) (1) an item that must be purchased in a case of public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens or to preserve the property of the county; and, (2) an item necessary to preserve or protect the public health or safety of the residents of the county; (Audio Reference 2h:17m 29s)

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.E.1.B.

Vote: 4 - 0 – Unanimously

C. Approval to enter into a three (3) year Master Service Agreement with SmartCom for the provision of certain services, as set forth therein commencing upon approval and subject to 1295 compliance. (Audio Reference 2h:17m 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 20.E.1.C.

Vote: 4 - 0 – Unanimously
  Attachments:
  Agenda Briefing
  Legals Approval
  Master Service Agreement
 
             
2.   AI-77330   
Requesting authority to purchase a "Human Resources Applicant Tracking System & Employee Evaluations Software"; including Setup/Implementation and Training support services, maintenance and any present and future accessories through our membership/participation with DIR-TSO-3984 contract  - awarded vendor SHI's authorized reseller NEOGOV in the total amount of $160,226.18 with first year paying $61,637.31 through requisition 419933 and second year paying $98,588.87. (Audio Reference 2h:18m 17s)

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.E.2.

Vote: 4 - 0 – Unanimously
  Attachments:
  Legal s Approval
  Agreement
  Revised Quote
  REQ 419933
  Appendix C
  DIR Contract
  1295 Form [Shi Government Solutions]
 
             
F.   Health & Human Services:
             
1.   AI-77369   
Requesting approval of Supplemental Agreement No. 1 for services under Work Authorization No. 1, Contract No. C-20-187-06-16 for Channin Engineering, resulting in an estimated cost increase of $5,600.00 for the Repair of Modular Building for the Health Department. (Audio Reference 2h:19m 45s)

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 20.F.1.
                                                        
Vote: 4 - 0 – Unanimously

The court proceeded to item 22 - Closed Session (Audio Reference 2h:20m 18s)
  Attachments:
  1295
  AI-75904
  Agenda Briefing
  Supplemental Agreemen
 
             
21.   Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. CARES Act Funds
a. Discussion, consideration and approval to amend eligibility guidelines for the Hidalgo County Mortgage & Rent Relief Program (Audio Reference 2h:24m 15s)

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 21.A.1.A.

Vote: 4 - 0 -Unanimously

b. Discussion, consideration, and approval to amend the Hidalgo County Cares Small Business Grant Program guidelines and eligibility criteria (Audio Reference 2h:24m 46s)

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

B. Measures necessary to preserve public health and safety (Audio Reference 2h:24m 58s)

Valde Guerra stated that action has already been taken, therefore no action was taken on item 21.B.

C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 2h:25m 08s)

Valde Guerra stated that the county will continue to follow the CDC guidelines to ensure the safety of all the constituents of Hidalgo County conducting business at county facilities, as well as for the safety of the county's employees.

No action was taken on item 21.C.

The court proceeded to item 24.E. (Audio Reference 2h:26m 15s)
             
22.   Closed Session: (Audio Reference 2h:20m 34s)
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:

Commissioner Cantu stepped away from the meeting.

The court proceeded into Closed Session at 12:19 P.M.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.

Vote: 3 - 0 – Unanimously
             
A.   Real Estate Acquisition (Audio Reference 2h:21m 47s)

Reference item 24.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. (Audio Reference 2h:22m 01s)

Reference item 24.B.
             
C.   Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference item 24.C.
             
D.   AI-77354    Cause No. 7:20-cv-00257; Catalina Zuniga Herrera et al v Steven Farias et al 

Reference item 24.D.
             
E.   AI-77323    Claim of Pedro Soto 

Reference item 24.E.
             
23.  
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." (Audio Reference 2h:22m 36s)

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 23.A.

Vote: 4 - 0 - Unanimously

B. Engagement with the firm of David Willis, Ray Thomas, Michael McGurk, & Marissa Hernandez, 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 2h:23m 03s)

Valde Guerra stated 23.B. was specific to, Cause No. 7:20-cv-00257; Catalina Zuniga Herrera et al v Steven Farias et al, and requested authority to submit letters of engagement individually to David Willis, Ray Thomas, Michael McGurk, & Marissa Hernandez.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of item 23.B as requested above.

Vote: 4 - 0 – Unanimously

The court returned back to item 21 - (Audio Reference 2h:24m 15s)
             
24.   Open Session: (Audio Reference 2h:21m 19s)

The court returned from Closed Session at 2:06 P.M.

All members of the court were present, with the exception of Commissioner Flores in Open Session.

The court returned back to item 16.B. (Audio Reference 2h:21m 21s)
             
A.   Real Estate Acquisition and appropriation for same (Audio Reference 2h:21m 47s)

Valde Guerra stated that no action was to be taken on item 24.A.
             
B.   Pending and/or potential litigation (Audio Reference 2h:22m 01s)

Valde Guerra stated that no action was to be taken on item 24.B.
             
C.   Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 2h:22m 07s)

Reference item 21.
             
D.   AI-77355    Cause No. 7:20-cv-00257; Catalina Zuniga Herrera et al v Steven Farias et al (Audio Reference 2h:22m 18s)

Valde Guerra requested the court to reference item 23.

The court continued to item 23.
             
E.   AI-77324    Claim of Pedro Soto (Audio Reference 2h:26m 15s)

Valde Guerra requested for settlement authority to make an offer in the amount of $336.08, and if accepted a payment will be issued to Pedro Soto and Military Highway Supply Corporation.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval as requested above for item 24.E.
                                                                              
 Vote: 4 - 0 – Unanimously

The court proceeded to item 27 - Adjournment. (Audio Reference 2h:27m 07s)
             
25.   Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceed into item 25 - Closed Session.
             
26.   Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceed into item 26 - Open Session.
             
27.   Adjourn (Audio Reference 2h:27m 07s)

Judge Cortez adjourned the meeting at 2:12 P.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.

Vote: 4 - 0 - Unanimously

The court proceeded into the scheduled Workshop for September 15, 2020.
             
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 15th day of September, 2020

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 September 15, 2020.

Signed this 16th day of September 2020




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy
 

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