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Minutes for CC REGULAR AGENDA REGULAR MTG

REGULAR MEETING - February 23, 2021

BE IT REMEMBERED, that on this 23rd day of February A.D., 2021, there was begun and held a REGULAR MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
 
HONORABLE RICHARD F. CORTEZ

HONORABLE DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE EVERARDO "EVER" VILLARREAL

HONORABLE ELLIE TORRES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
February 23, 2021
2:00 P.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR MEETING of the Commissioners Court will be held in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

In accordance with section 418.016 of the Texas Government Code, Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location.  As a result, all or some government officials may participate via video conference.  Additionally, members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive

To participate in public comment, please call: (956) 292-7630 and you will be given further instruction and be provided with a toll free number at that time.

 
1.
 
Roll Call (Audio Reference 06m:50s)

Judge Cortez called the meeting to order at 2:00 P.M.

All members of the court were present during the roll call.
 
2.
 
Pledge of Allegiance (Audio Reference 07m:16s)

Sergeant Tracy Wisdom led in the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 07m:53s)

Honorable Judge Patty O'cana offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 10m:40s)

The court proceeded to the approval of the Consent Agenda.
 
5.
 
Open Forum (Audio Reference 11m:28s)

Open Forum Participant, Fern McClaugherty, came before the court to express her concerns on how the county is being operated under the courts’ administration during the COVID-19 pandemic, and the recent power outage that transpired throughout the county due to the winter freeze . Ms. McClaugherty also requested for clarification on agenda items 14.A & 14.B, 18.A, and 18.H.1.

No action was taken on agenda item 5 - Open Forum.



 
6.
 
County Judge's Office:
 
A.
AI-79664
Approval of Resolution congratulating the Honorable Ambrioso Hernandez, M.D. for being recognized as a recipient of the prestigious "Road Hand Award". (Audio Reference 15m:14s)

Misti Palacios, with the Public Affairs Division, read the Resolution, honoring the Honorable Ambrioso Hernandez, M.D. for being recognized as a recipient of the prestigious "Road Hand Award".

On motion by COMMISSIONER PCT. 2, EDAURDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 6.A.

Vote: 5 - 0 - Unanimously

Mayor of the City of Pharr, Dr. Ambrioso Hernandez, expressed his gratitude towards the court for their support that assisted in obtaining the award.
 
B.
AI-79679
Approval of Resolution authorizing the creation of the Rio Grande Valley Regional 9-1-1 Emergency Communications District (Audio Reference 20m:08s)

Misti Palacios, with the Public Affairs Division, read the Resolution authorizing the creation of the Rio Grande Valley Regional 9-1-1 Emergency Communications District.

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 6.B.

Vote: 5 - 0 -Unanimously 

The court proceeded to agenda item 8.A. (Audio Reference 22m:07s)
 
7.
 
District Attorney's Office:
 
A.
AI-79637
Proclamation declaring February 2021 as Young Hearts Matter Teen Dating Violence Prevention Month. (Audio Reference 28m:25s)

Mistia Palacios, from the Public Affairs Divsion, read the Proclamation declaring February 2021 as Young Hearts Matter Teen Dating Violence Prevention Month.

District Attorney, Ricardo Rodriguez, Crimes Victim Director, Sarina Rios, Teacher of the Year from Laamar Academy, Vivian Tamez, Superintendent of McAllen ISD, Dr. J.A Gonzalez, and Mission Police Chief, Robert Dominguez, came before the court in unity in support of the Proclamation.

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 7.A.

Vote: 5 - 0 - Unanimously
 
B.
AI-79583
District Attorney (1252 & 1256)
Requesting authorization to submit the FY 2020 Federal Equitable Sharing Agreement and Certification Report on behalf of the Agency Head (Ricardo Rodriguez, Jr., Hidalgo County District Attorney) and Governing Body Head (Richard F. Cortez, Hidalgo County Judge) with authority for County Judge to sign. (Audio Reference 44m:46s)

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 7.B.

Vote: 5 - 0 – Unanimously

The court proceeded to agenda item 10.A. (Audio Reference 45m:26s)
Attachments:
 
8.
 
Precinct #4 - Comm. Torres:
 
A.
AI-79633
Approval of a Proclamation declaring National Engineers Week (EWeek) which is dedicated to ensuring a diverse and well-educated future engineering workforce by increasing the understanding of, and interests in, engineering and technology careers. (Audio Reference 22m:07s)

Velinda Reyes, with Precinct 4, read the Proclamation declaring National Engineers Week.

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 agenda item 8.A.

Vote: 5 - 0 – Unanimously

Isidoro Arjona, with the Rio Grande Valley Engineers Professional Association, and Dean of the UTRGV School of Engineering, Dr. Ala Qubbaj, came before the court in support of the Proclamation.

The court proceeded back to agenda item 7.A. (Audio Reference 28m:25s)
 
9.
 
Sheriff's Office:
 
A.
AI-79647
Sheriff's Office - Organized Crime Drug Enforcement Task Forces (OCDETF) (1284):
Approval of Certification of Revenues as certified by the County Auditor for the OCDETF FY 2021 (02/01/2021 to 09/30/2021) Overtime Agreement in the amount of $5,000.00 and appropriation of same.

(Audio Reference 1h 08m:49s)

Commissioner Fuentes stepped away from the meeting.

The court returned from the Emergency Meeting and reconvened the Regular Commissioners' Court meeting at 3:02 P.M.

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

Vote: 4 - 0 – Unanimously

(Audio Reference 1h 09m:05s)

The court proceeded to take action on agenda item 9.A. 

Commissioner Torres exited 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.

Vote: 3 - 0 -Unanimously 
Attachments:
 
B.
AI-79628
Requesting authorization to submit the FY 2020 Federal Equitable Sharing Agreement and Certification Report on behalf of the Agency Head (J.E. "Eddie" Guerra, Hidalgo County Sheriff) and Governing Body Head (Richard F. Cortez, Hidalgo County Judge) with authority for County Judge to sign required documents. (Audio Reference 1h 09m:47s)

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 9.B.

Vote: 3 - 0 - Unanimously
Attachments:
 
C.
AI-79632
Requesting approval of payment for the following invoice as submitted by Celso Gonzalez Construction, Inc. for construction of bus barn for Hidalgo County Sheriff's Office through the current Agreement Contract# C-19-267-06-02 (PO #819948).
Payment Application Amount
#5 $26,944.02

(Audio Reference 1h 10m:15s)

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 9.C.

Vote: 3 - 0 - Unanimously
 
D.
AI-79634
Presentation and discussion of the 2020 Racial Profiling Report as presented by the Hidalgo County Sheriff's Office, in accordance with and adherence to Article 2.133 of the Texas Code of Criminal Procedure. (Audio Reference 1h 10m:50s)

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 9.D.

Vote: 3 - 0 -Unanimously 

The court proceeded to agenda item 11.A. (Audio Reference 1h 11m:18s)
Attachments:
 
10.
 
Budget & Management:
 
A.
AI-79651
Presentation of the 4th Qtr. 2020 Health Insurance Report by Gallagher Benefit Services, Inc. (Audio Reference 45m:52s)

Lou Arias, with Gallagher Benefit Services, Inc. presented the Financial Monitor Report for Plan Year 2020, COVID-19 Updates, and Upcoming Projects.

No action was taken on agenda item 10.A.
Attachments:
 
B.
AI-79674
Economic Development (1100):
Approval 2021 appropriation of funds into Economic Development in the total amount of $315,000. (Audio Reference 1h 05m:55s)

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.B.

Vote: 5 - 0 - Unanimously

The court moved to recess the Regular Commissioners' Court Meeting at 3:00 P.M to begin the scheduled Emergency Meeting. (Audio Reference 1h:06m 18s)

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

Vote: 5 - 0 – Unanimously

The court proceeded to the scheduled Emergency Meeting. After the Emergency Meeting, the court returned back to agenda item 9.A.
Attachments:
 
11.
 
Constable Pct. #3:
 
A.
AI-79625
Requesting authorization to submit the FY 2020 Federal Equitable Sharing Agreement and Certification Report on behalf of the Agency Head (Lazaro Gallardo, Hidalgo County Constable Precinct 3 ) and Governing Body Head (Richard F. Cortez, Hidalgo County Judge) with authority for County Judge to sign required documents. (Audio Reference 1h 11m:18s)

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 11.A.

Vote: 3 - 0 - Unanimously
Attachments:
 
B.
AI-79630
Requesting approval for County Treasurer to process payment for fuel reimbursement in the amount of $23.29 to Deputy Adan Salinas after auditing procedures are completed by County Auditor. Deputy Salinas paid for fuel expenses wiht a personal debit/credit card due to County Fuel Card not working properly. (Audio Reference 1h 12m:01s)

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 11.B.

Vote: 3 - 0 - Unanimously
 
12.
 
Constable Pct. #4:
 
A.
AI-79655
Requesting authorization to submit the FY 2020 Federal Equitable Sharing Agreement and Certification Report on behalf of the Agency Head (Atanacio Gaitan, Hidalgo County Constable Precinct 4) and Governing Body Head (Richard F. Cortez, Hidalgo County Judge) with authority for County Judge to sign required documents. (Audio Reference 1h 12m:36s)

Commissioner Fuentes rejoined the meeting.

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 12.A.

Vote: 4 - 0 - Unanimously
Attachments:
 
13.
 
Health & Human Services Department:
 
A.
 
Health Care Funding District:
 
1.
AI-79612
A. Discussion, consideration and approval to draw down funds for Demonstration Year 5 withheld UC Payment in the amount to be determined by HHSC instructions from the General Fund and the Local Provider Participation Fund (LPPF) with a transfer date of 3-2-2021 and a settlement date of 3-3-2021. (Audio Reference 1h 13m:09s)

Eddie Olivarez, with the Health and Human Services Department, stated that the total amount will be disclosed by the the State of Texas by the end of the week, as well as a pending review from County's Auditor and the Budget Office. 

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 13.A.1.A

Vote: 4 - 0 - Unanimously

B. Approval of Certification of Revenues as certified by the County Auditor from the LPPF in the amount to be determined by HHSC final instructions. (Audio Reference 1h 14m:14s)

Eddie Olivarez, with the Health and Human Services Department, stated that the total amount will be disclosed by the the State of Texas by the end of the week.

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 13.A.1.B.

Vote: 4 - 0 -Unanimously 

C. Approval of Appropriation of funds from the LPPF in the amount to be determined by HHSC final instructions. (Audio Reference 1h 14m:35s)

Eddie Olivarez, with the Health and Human Services Department, stated that the total amount will be disclosed by the the State of Texas by the end of the week.

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.1.C.
                                                        
Vote: 4 - 0 – Unanimously
Attachments:
 
14.
 
Head Start Program:
 
A.
AI-79599
Discussion/Approval of the Self-Assessment Process and Schedule (Audio Reference 1h 14m:57s)

Executive Officer, Valde Guerra, stated that no action was to be taken on agenda item 14.A.
 
B.
AI-79600
Discussion/Approval of the Newly Released U.S. Federal Poverty Guidelines Issued by the Department of Health and Human Services (Audio Reference 1h 14m:57s)

Executive Officer, Valde Guerra, stated that no action was to be taken on agenda item 14.B.
 
C.
AI-79601
Presentation for Discussion, Consideration and Approval to Enter into a Memorandum of Understanding (MOU) for Head Start Facility between Hidalgo County Start Program and University of Texas-Rio Grande Valley (Audio Reference 1h 14m:57s)

Executive Officer, Valde Guerra, stated that no action was to be taken on agenda item 14.C.
Attachments:
 
D.
AI-79602
Discussion/Approval for Hidalgo County Head Start Program to Exercise Option to Extend for an Additional Two Year Term the Lease Agreements for Head Start Facilities and/or Land (under same terms and conditions) with the Following Private Entities
Lessor Head Start Centers Facility and/or
Land Leased
Monthly Rent Amount
The Galilean Apartments, LP Edinburg III Facility/Land      $    10.00
Pueblo de Paz Apartments, LP Mission III Facility/Land      $    10.00
Rio de Vida Apartments, LP Mission IV Facility/Land      $    10.00
Guillermina Garcia Weslaco III Facility/Land      $3,000.00
St. Anne Church Western Road Land      $  700.00

(Audio Reference 1h 14m:57s)

Executive Officer, Valde Guerra, stated that no action was to be taken on agenda item 14.D.
 
E.
AI-79603
Discussion/Approval for Hidalgo County Head Start Program to Exercise Option to Extend for an Additional One Year Term the Agreements for Medical/Dental/Mental Health Providers (under same terms and conditions) with the Following Providers
Medical  Providers
1. G. Athanasi Orfanos, M.D., P.A.
2. Dr. Bose, Industrial and Family Medicine, PLLC dba, Industrial Health Works
3. Nuestra Clinica Del Valle, Inc.
Dental  Providers
1. Growing Smiles Children’s Dental Care Center, PC
2. Nuestra Clinica Del Valle, Inc.
Mental Health  Providers
1. Generations Growing Together, Inc., dba Growing Generations of South Texas
2. Ileana E. Castro

(Audio Reference 1h 14m:57s)

Executive Officer, Valde Guerra, stated that no action was to be taken on agenda item 14.E.
 
F.
AI-79598
Discussion/Approval of the Relocation of the Alton Head Start Center to the Cantu Elementary Campus, Mission Consolidated Independent School District (Audio Reference 1h 14m:57s)

Executive Officer, Valde Guerra, stated that no action was to be taken on agenda item 14.F.

The court proceeded to agenda item 15.B. (Audio Reference 1h 15m:47s)
 
15.
 
Community Service Agency:
 
A.
AI-79670
Discussion, consideration, and possible action to accept amendment to the FY 2021 Community Service Grant Program (CSBG) contract No. 61210003456 from the Texas Department of Housing and Community Affairs for program year 2021, with authorization for Jaime Longoria to sign any and all pertinent documents. (Audio Reference 1h 17m:36s)

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 15.A.

Vote: 4 - 0 - Unanimously

The court proceeded to agenda item 16.A. (Audio Reference 1h 24m:00s)
Attachments:
 
B.
AI-79668
Discussion, consideration, and possible action to accept amendment to the FY 2020 Community Service Grant Program (CSBG) contract No. 61200003225 from the Texas Department of Housing and Community Affairs for program year 2020, with authorization for Jaime Longoria to sign any and all pertinent documents. (Audio Reference 1h 15m: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 15.B.
                                                        
Vote: 4 - 0 – Unanimously

The court returned back to agenda item 15.A. (Audio Reference 1h 17m:36s)
Attachments:
 
16.
 
Planning Department:
 
A.
AI-79653
1. Pct. 3 - Appointment of Member to the Hidalgo County Subdivision Advisory Board & Hidalgo County Board of Building Line Adjustment. (Audio Reference 1h 24m:00s)

Commissioner Villarreal appointed Arnold Ochoa.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval of appointed member Arnold Ochoa.

 Vote: 4 - 0 - Unanimously
 
2. Preliminary Approval with Variance Request
a.TSM Ovalle Subdivision- Pct. 4 (Rosendo & Teresa Ovalle) (Jaguar Drive & Terry Road)
 No. of Lots: 1 Single Family
 Flood Zone: X Shaded
 Estimated Number of Streetlights:N/A
 Filling Stations:N/A
 Drainage: Yes, Drainage will be provided by natural perculation within the proposed lot and surface runoff will drain into Jaguar Drive road side ditch.
 ETJ: Yes, approved by the City of Edinburg.
 Water: Yes, provided by North Alamo Water Supply Corporation.
 Sewer: Yes, OSSF
 Paved: Yes, Jaguar Drive is paved. (Audio Reference 1h 24m 31s)

Planning Department Director, T.J. Arredondo, stated that no action was to be taken on agenda item 16.A.2.A.
 
b. Tierra Valverde Subdivision- Pct. 1 (La Media Luna Partners, LLC.) (Valverde Road & Canton Road)
 No. of Lots: 23 Single Family
 Flood Zone: C
 Estimated Number of Streetlights:3
 Filling Stations:1
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by proposed drain ditch.
 ETJ: Yes, approved by the City of Donna.
 Water: Yes, provided by North Alamo Water Supply Corporation.
 Sewer: Yes, OSSF’S
 Paved: Yes, Valverde Road is paved and 1 internal street to be paved. (Audio Reference 1h 24m 35s)

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.B.

Vote: 4 - 0 – Unanimously

3. Preliminary Approval
a.RBR No. 3 Subdivision- Pct. 4 (RBR Development & Investments, LLC) (Mile 21 North Road & Skinner Road)
 No. of Lots: 34 Single Family
 Flood Zone: X
 Estimated Number of Streetlights:6
 Filling Stations:2
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
 ETJ: No, Rural Area
 Water: Yes, provided by North Alamo Water Supply Corporation.
 Sewer: Yes, OSSF’S
 Paved: Yes, Mile 21 North Road is paved and Skinner Road to be paved. 
b. Border Town Phase 3 Subdivision- Pct. 4 (Border Town Development LLC.) (FM 2812 & Uresti Road)
 No. of Lots: 109 Single Family
 Flood Zone: X
 Estimated Number of Streetlights:23
 Filling Stations:12
 Drainage: Yes, Drainage will be provided by storm sewer system discharging to an existing drain ditch.
 ETJ: Yes, approved by the City of Edinburg.
 Water: Yes, provided by North Alamo Water Supply Corporation.
 Sewer: Yes, OSSF’S
 Paved: Yes, FM 2812 is paved and 5 internal streets to be paved. 
c. Del Rey Estates Unit 4 Subdivision- Pct. 4 (Amado A. Arteaga) (Tower Road & Wisconsin Road)
 No. of Lots: 141 Single Family
 Flood Zone: B
 Estimated Number of Streetlights:21
 Filling Stations:9
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by a proposed drain ditch.
 ETJ: Yes, approved by the City of Edinburg.
 Water: Yes, provided by North Alamo Water Supply Corporation.
 Sewer: Yes, Sanitary Sewer provided by North Alamo Water Supply Corporation
 Paved: Yes, Tower Road is paved and 5 internal streets to be paved. (Audio Reference 1h 25m 16s)

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.3.A.B. &C.

Vote: 4 - 0 – Unanimously
 
4. Final Approval with Financial Guarantee
a. Viridian Estates Subdivision- Pct. 1 (DII Investments, LLC.) (Mile 6 West Road & Mile 10 North Road)
 No. of Lots: 30 Single Family
 Flood Zone:X
 Streetlights: 13
 Filling Stations: 4
 Drainage: Yes, Drainage is provided by storm sewer system and detention is provided by ditch widening.
 ETJ: Yes, approved by the City of Weslaco.
 Water: Yes, provided by North Alamo Water Supply Corporation
 Sewer: Yes, OSSF’s have been escrowed.
 Paved: Yes, Mile 6 West Road and 5 internal streets have been paved.
 Final Approval with a cash deposit in the amount of $45,000.00 for (30) OSSF’s (Audio Reference 1h 26m 26s)

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.4.A

Vote: 4 - 0 – Unanimously

5. Final Approval
a. Sunshine Estates No. 1 Subdivision – Pct. 1 (Richard W. Ruppert) (Jesus Flores Road & Monte Cristo Road)
 No. of Lots: 58 Single Family
 Flood Zone:X
 Streetlights: 18
 Filling Stations: 6
 Drainage: Yes, Drainage is provided by storm sewer system and detention is provided by ditch widening.
 ETJ: No, Rural Area.
 Water: Yes, provided by Agua SUD.
 Sewer: Yes, OSSF’s have been installed.
 Paved: Yes, Jesus Flores Road and Monte Cristo Road are paved. 4 internal streets have been paved. (Audio Reference 1h 26m 57s)

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 16.A.5.A

Vote: 4 - 0 - Unanimously
 
17.
 
Precinct #1 - Comm. Fuentes:
 
A.
AI-79629
Requesting authorization and approval to name a private road off of Rancho Viejo street, West and Adams Subdivision, Farm Tract 100,  Weslaco, Texas, as "Novac" SR ( service road ) for 911 purposes as recommended by the LRGVDC - 911 department. (Audio Reference 1h 27m 27s)

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.

Vote: 4 - 0 – Unanimously
Attachments:
 
18.
 
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-79658
A. Requesting approval of Supplemental Agreement No. 1 to Work Authorization #7 [C-17-243-09-05] with B2Z Engineering, professional engineering services for: "Preliminary Design and Construction Phase Services for the County Services Facility" in Precinct No.4, to amend the project name to "Preliminary Design and Construction Phase Services for the Justice Center". (Audio Reference 1h 27m 57s)

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 18.A.1.A

 Vote: 4 - 0 - Unanimously

B. Requesting approval of Supplemental No.1 to Work Authorization #7 [C-17-243-09-05] with B2Z Engineering to amend, EXHIBIT “D” – Fee Schedule, to reduce project cost from $315,000.00 to $186,194.89 as project scope has decreased. (Audio Reference 1h 28m: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 18.A.1.B.

Vote: 4 - 0 - Unanimously
 
2.
AI-79639
Discussion, consideration and ratification of Purchasing Director's action to cancel second publication of advertising and re-schedule the February 24th Auction (CC/02-09-21/R-AI #79419), due to the inclement weather which has caused low interest and registration and could result in low turnout with approval to:
A.  Reschedule the Auction to March 18, 2021; and,
B.  Request authorization to publish advertisement for the auction of surplus items scheduled for new date of March 18, 2021. (Audio Reference 1h 29m:08s)

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 18.A.2.A & B.

Vote: 4 - 0 – Unanimously
 
B.
 
Pct. 1
 
1.
AI-79636
Acceptance and approval of Work Authorization No. 1 with an estimated cost of $84,960.00 as submitted by Alpha Infrastructure Engineering, PLLC through On-Call Professional Engineering Services Agreement (C-20-516-10-13) to provide General Management, Coordination, Road Infrastructure Assessment and Report Compilation for year 2020 for Precinct No.1. (Audio Reference 1h 29m: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 18.B.1.

Vote: 4 - 0 - Unanimously
 
 
2.
AI-79635
Acceptance and approval of Work Authorization No. 1 with an estimated cost of $19,668.64 as submitted by Raba Kistner, Inc. through On-Call Professional Engineering Services Agreement (C-20-215-06-16) - Construction Materials & Geotechnical Testing Services for the Mile 5 1/2 West (M10-M11 1/2) Road Project in Precinct No.1. (Audio Reference 1h 30m:30s)

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 18.B.2.

Vote: 4 - 0 – Unanimously
 
C.
 
Pct. 2
 
1.
AI-79678
Requesting authority to enter into a lease agreement approximately (4 weeks/ 5 day week/ 8 hour day)  for a Loader and Grapple Excavator operators with Big D Tractor  through our membership/participation with cooperative purchasing program, PCA-3-170-17 with a total monthly amount of $ 59,700.00. with authority to increase if necessary subject to complete line item/product and pricing verification by the Purchasing Dept. (Audio Reference 1h 31m: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 18.C.1.

Vote: 4 - 0 -Unanimously 
Attachments:
 
D.
 
Pct. 3
 
1.
AI-79677
A.  Documentation/record purposes to HCCC that pursuant to provision/article 1.6 [Closure Term] of the Lease Agreement #C-17-017-12-13/E-17-332-12-19 between Hidalgo County [Pct. 3] Jose Ramirez, Jr. for use and known as the Penitas Landfill has terminated as per Texas Commission on Environmental Quality [TCEQ] acceptance of Certification of Final Facility Closure in accordance with the approved closure plan and applicable regulations and is now under the Post-Closure Period as more specifically described in attached supporting documentation with required notices to Lessor sent by lease provisions. (Audio Reference 1h 31m:35s)

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 18.D.1.A.

Vote: 4 - 0 - Unanimously

B.  Pursuant to First Amendment to Lease of Land [five (5) acres for use as a citizen collection station] #C-18-170-11-20 between Hidalgo County [Pct. 3] and Jose Ramirez, Jr. action to re-activate and continue the original term of three (3) years with an effective date to coincide with final closure of landfill of 02-02-21 with lease payments to commence accordingly. (Audio Reference 1h 32m:24s)

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 18.D.1.B.

Vote: 4 - 0 - Unanimously
 
2.
AI-79442
Requesting acceptance and approval of final construction contract [including TXDOT concurrence letter] with REIM Construction, Inc. for “Mile 3 N Project” (from Goodwin Rd to Tom Gill Rd) located in Precinct No. 3, in the amount of $14,028,648.44 (awarded by HCCC on 01-26-21 AI #79135). (Audio Reference 1h 32m:56s)

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 18.D.2.

Vote: 4 - 0 - Unanimously
 
E.
 
Pct. 4
 
1.
AI-79641
Approval of Amendment #3 to C-17-184-06-27, Nassri-Warren Group Architects, Inc. for Design and Construction of Sunflower Park for Hidalgo County Precinct No. 4. (Audio Reference 1h 33m:21s)

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 18.E.1.

 Vote: 4 - 0 - Unanimously
 
F.
 
Constables
 
1.
AI-79608
Constable Pct. 3:
Approval to purchase two (2) 2021/2022 Chevy Tahoe's through our membership/participation with HGAC Buy Contract No# VE11-20 (exp 10/31/2023) with Caldwell Country Chevrolet in the amount of $83,391.00 which includes a HGAC fee of $600.00, through Requisition #427000 (Audio Reference 1h 33m:45s)

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 18.F.1.

Vote: 4 - 0 - Unanimously
Attachments:
 
G.
 
Sheriff's Office
 
1.
AI-79553
Authority to purchase one (1) Hobart heavy duty dish washer with Mission Restaurant Supply in the amount of $125,481.15 and four (4) year warranty in the amount of $13,429.59 through our membership/participation with Buyboard contract #598-19 through req #429089 for the H.C.S.O. and the County Treasurer's Office to issue a check for a four (4) year warranty. (Audio Reference 1h 34m:17s)

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 18.G.1.

Vote: 4 - 0 -Unanimously 
Attachments:
 
2.
AI-79493
A. Requesting approval of Work Authorization No. 1, under Contract No. C-20-681-12-29 with B2Z Engineering, for professional services on "Construction of wall partition in adult detention facility releasing area" (Audio Reference 1h 34m:58s)

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 18.G.2.A.

Vote: 4 - 0 -Unanimously 

B. Pursuant to Article 15 of the original contract, request by B2Z Engineering to engage Chanin Engineering, LLC.  as a subcontractor for design and construction documents. (Audio Reference 1h 35m:23s)

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 18.G.2.B.

 Vote: 4 - 0 - Unanimously
 
H.
 
Co. Wide
 
1.
AI-79663
A.  Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(10) any work performed under a contract for community and economic development made by a county under Section 381.004 (Community and Economic Development Programs). (Audio Reference 1h 35m:47s)

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 18.H.1.A.

Vote: 4 - 0 -Unanimously 
 
 
B. Authority to approve the 2021 Service Agreement between Hidalgo County and the Boys and Girls Club of Pharr to administer the Hidalgo County Arts Program. (Audio Reference 1h 36m:20s)

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 18.H.1.B.

Vote: 4 - 0 - Unanimously
 
19.
 
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 36m:48s)

Executive Officer, Valde Guerra, stated that no action was to be taken on agenda items 19.A.1, nor 19.A.2.
 
B.
AI-79683
Hidalgo County Library System:
Discussion/presentation on World Read Aloud Day - Kate Horan (Audio Reference 1h 36m:54s)

Kate Horan presented information to the court in regards to World Read Aloud Day, virtual programming, and library services that are available to the constituents of Hidalgo County.

No action was taken on agenda item 19.B.

The court proceeded to agenda item 21 - Closed Session (Audio Reference 1h 39m:11s)
Attachments:
 
20.
AI-79671
Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. CARES Act Funds
a.  Hidalgo County Wi-Fi Project (Audio Reference 1h 50m:22s)

Executive Officer, Valde Guerra, stated that no action was to be taken on agenda item 20.A.1.a

B. Measures necessary to preserve public health and safety (Audio Reference 1h 50m:38s)

Executive Officer, Valde Guerra, stated that no action was to be taken on agenda item 20.B.

C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 1h 50m:47s)

Valde Guerra stated that the county will continue to follow CDC guidelines to ensure the safety of all the constituents and county employees conducting business at county facilities during the COVID-19 pandemic.

No action was taken on agenda item 20.C.

The court proceeded to agenda item 26 - Adjournment (Audio Reference 1h:51m 32s)
 
21.
 
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 39m:11s)

The court proceeded into Closed Session at 3:33 P.M.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.

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

Reference agenda item 23.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 23.B.
 
C.
 
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference agenda item 23.C.
 
D.
AI-79659
Case No. 7:20-CV-084 USA v. 2.433 Acres et.al. 

Reference agenda item 23.D.
 
22.
 
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 50m:15s)

Executive Officer, Valde Guerra, stated that no action was to be taken on agenda items 22.A, nor 22.B.

The court returned back to agenda item 20. (Audio Reference 1h 50m:22s)
 
23.
 
Open Session: (Audio Reference 1h 49m:36s)

The court returned from Closed Session at 4:04 P.M, and proceeded to Open Session agenda item 23.A.
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 1h 49m:43s)

Executive Officer, Valde Guerra, stated that no action was to be taken on agenda item 23.A.
 
B.
 
Pending and/or potential litigation (Audio Reference 1h 49m:47s)

Executive Officer, Valde Guerra, stated that no action was to be taken on agenda item 23.B.
 
C.
 
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 1h 49m:51s)

Reference agenda item 20.
 
D.
AI-79660
Case No. 7:20-CV-084 USA v. 2.433 Acres et.al. (Audio Reference 1h 50m:03s)

Executive Officer, Valde Guerra, stated that the department will proceed as directed.

No action was taken on agenda item 23.D.

The court proceeded back to agenda item 22. (Audio Reference 1h 50m:15s)
 
24.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceed into agenda item 24 - Closed Session.
 
25.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceed to agenda item 25 - Open Session.
 
26.
 
Adjourn (Audio Reference 1h:51m 32s)

Judge Cortez adjourned the meeting at 4:06 P.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 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 23rd day of February, 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 February 23, 2021.

Signed this 25th day of February 2021




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy