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Minutes for CC REGULAR AGENDA REGULAR MTG

REGULAR MEETING - April 27, 2021

BE IT REMEMBERED, that on this 27th day of April 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
April 27, 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 09m:20s)

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 09m:37s)

Veteran Sgt. Liliana Luna led in the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 10m:35s)

Honorable Judge of the Hidalgo County Probate Court, JoAnne Garcia, offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 12m:08s)

The court proceeded to the approval of the Consent Agenda.
 
5.
 
Open Forum (Audio Reference 14m:05s)

Participants with the Organization L.U.P.E, Maria Campos, Amada Rivera, Juana Basurto, Maria Romero, Imelda Olvera, Janeth Rodriguez, Olivia Torres and Alejandra Garcia expressed their concerns with the lack of internet connectivity within their neighborhoods.

Marco Lopez, with the Organization L.U.P.E expressed his concerns with trash collection.

Jane Cross, expressed her concerns on, according to her, the poor performance of most Justice of the Peace officials.

Fern McClaugherty, expressed her concerns on how the court is administrating the taxpayers' monies, as well as for agenda item 19.B.

Vaughn Cox expressed his views on the Street Lights Program.

No action was taken on agenda item 5.
 
6.
 
County Judge's Office:
 
A.
AI-80551
Approval of Resolution congratulating the McAllen City Commission for being named ‘Council of the Year’ by the Texas City Management Association. (Audio Reference 40m:44s)

Hector Becerra, with the Public Affairs Division, read the Resolution congratulating the McAllen City Commission for being named ‘Council of the Year’ by the Texas City Management Association.

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 6.A.

Vote: 5 - 0 -Unanimously 

McAllen City Commissioners Joaquin Zamora and Seby Haddad expressed their gratitude towards the court for the recognition. 
 
B.
AI-80567
Approval of Resolution asking the Biden Administration to fill in dangerous breaches to Hidalgo County's protective levee system. (Audio Reference 46m:33s)

Hector Becerra, with the Public Affairs Division, read the Resolution asking the Biden Administration to fill in dangerous breaches to Hidalgo County's protective levee system.

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 6.B.

Vote: 5 - 0 -Unanimously 
 
C.
AI-80547
Discussion, consideration, and action on the Moody Foundation Grant distribution amendment. (Audio Reference 50m: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 item 6.C.

Vote: 5 - 0 - Unanimously

 
Attachments:
 
7.
 
Precinct #1 - Comm. Fuentes:
 
A.
AI-80553
Approval of Resolution to support the Lower Laguna Madre National Estuary Program Initiative (Audio Reference 50m:20s)

Commissioner Fuentes read the Resolution to support the Lower Laguna Madre National Estuary Program Initiative.

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
 
8.
 
District Clerk - Laura Hinojosa:
 
A.
AI-80438
Consideration and approval to authorize the District Clerk Office to apply for funding through the Texas Bar Historical Foundation Court Records Preservation Grant Program. (Audio Reference 54m:00s)

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 8.A.

Vote: 5 - 0 - Unanimously
 
 
9.
 
Sheriff's Office:
 
A.
AI-80522
Sheriff Operation Stonegarden Grant (OPSG) (1284):
1. Authorization and approval to accept grant award from the Office of the Governor-Homeland Security Grants Division (OOG-HSGD) in relation to the FY 2020 (3-1-2021 to 2-28-2022) Operation Stonegarden Grant (OPSG) in the amount of $1,569,024.51 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 Co. Auditor, for the FY 2020 Operation Stonegarden Grant (OPSG) in the amount of $1,569,024.51 and appropriation of same. (Audio Reference 55m:03s)

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 agenda items 9.A.1 through 3.

Vote: 5 - 0 -Unanimously 
 
B.
AI-80485
1) Approval of Memorandum of Agreement between Justice Alert Technology, LLC and Hidalgo County Sheriff's Office with the purpose of identify roles and responsibilities of each party. 
2) Authorization for Hidalgo County Judge to sign Memorandum of Agreement. (Audio Reference 56m:30s)

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 items 9.B.1 and 9.B.2.

Vote: 5 - 0 - Unanimously
Attachments:
 
C.
AI-80517
1) Approval of Memorandum of Understanding between Hidalgo County Sheriff's Office and Hidalgo County Crime Stoppers with the purpose of identify responsibilities of each party. 
2) Authorization for Hidalgo County Sheriff to sign document. (Audio Reference 57m:45s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda items 9.C.1 and 9.C.2.

Vote: 5 - 0 -Unanimously 
Attachments:
 
D.
AI-80516
Requesting authorization for the County Judge as Chief Executive Officer and Sheriff J.E. "Eddie" Guerra as Head of Department to sign the CEO Law Enforcement Certifications and Assurances Form for participation in all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security (DHS). (Audio Reference 58m:15s)

Commissioner Cantu stepped away from 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 9.D.

 Vote: 4 - 0 - Unanimously
Attachments:
 
10.
 
Constable Pct. #1:
 
A.
AI-80492
Constable Pct. 1 Operation Stonegarden Grant (OPSG) (1284):
1. Authorization and approval to accept grant award from the Office of the Govenor-Homeland Security Grants Division (OOG-HSGD) in relation to the FY 2020 (3-1-2021 to 2-28-2022) Operation Stonegarden Grant (OPSG) in the amount of $105,000.00 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 2019 Operation Stonegarden Grant (OPSG) in the amount of $105,000.00 and appropriation of same. (Audio Reference 58m:48s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda items 10.A.1 through 3.

Vote: 4 - 0 – Unanimously
 
11.
 
Constable Pct. #2:
 
A.
AI-80493
Constable Pct. 2 Operation Stonegarden (OPSG) Grant (1284):
1. Authorization and approval to accept grant award from the Office of the Governor-Homeland Security Grants Division (OOG-HSGD) in relation to the FY 2020 (3-1-2021 to 2-28-2022) Operation Stonegarden Grant (OPSG) in the amount of $105,000.00 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 2020 Operation Stonegarden Grant (OPSG) in the amount of $105,000.00 and appropriation of same. (Audio Reference 59m:52s)

Commissioner Cantu rejoined the meeting.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda items 11.A.1 through 3.

Vote: 5 - 0 – Unanimously
 
12.
 
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

At the request of Erika Reyna, with the Human Resources Department, no action was taken on agenda items 12.A.1, nor on 12.A.2.

3. Budget Amendment Policy - Personnel Related Amendments (Audio Reference 1h:59m59s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 12.A.3.

Vote: 5 - 0 – Unanimously
 
B.
AI-80513
Urban County (1288):
Approval of the following personnel actions, effective upon Commissioners Court approval:
Action Dept./ Prg. Slot # Position Title Grade
Delete 250-001 0008 Accountant IV 14
Create 250-001 0036 Accountant III 12

(Audio Reference 1h:01m 19s)

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 12.B.

Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI-80307
Hurricane Preparedness (1100):
Approval to create twenty (20) full-time temporary positions for 26 weeks beginning 06/01/2021 and ending 11/30/2021, as follows:
Action Dept./ Prg. Slot # Position Title Grade
Create 4 positions 115-094 T001 - T004 Truck Driver I 04
Create 16 positions 115-094 T005 - T020 Maintenance I 03

(Audio Reference 1h:01m 43s)

Commissioner Fuentes recommended the start date of 05/15/21, in which the court agreed.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 12.C, with the start date commencing on 05/15/21.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
D.
AI-80568
Executive Office (1100)/ TX DPS (1100)/ Facilities Management (1100):
Approval of the following personnel actions, effective upon Commissioners' Court approval:
Action Dept./ Prg. Slot # Position Title Grade
Delete 125-001 0006 Courier 03
Delete 125-011 0003 Administrative Assistant II 06
Delete 125-011 0006 Administrative Assistant I 04
Create 220-001 0139 Maintenance I 03
Create 220-001 0140 Maintenance I 03
Create 220-001 0141 Custodian II 03

(Audio Reference 1h:04m 35s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 12.D.

Vote: 5 - 0 – Unanimously
Attachments:
 
13.
 
Urban County:
 
A.
AI-80457
1. Public Hearing regarding the FY 2021-2022 Hidalgo County Urban County Program’s Annual Action Plan for Program Year (34). (Audio Reference 1h:05m 21s)

Judge Cortez opened the Public Hearing at 2:56 P.M. Therein being no participants Judge Cortez closed the meeting.

Urban County Program Director, P.R. Avila, stated the amounts to be received: CDBG - $7,729,312, HOME - $2,058,732, and ESG - $660,999.  

No action was taken on agenda item 13.A.1.

2. Requesting approval and submission of the FY 2021-2022 Hidalgo County Urban County Program’s Annual Action Plan for Program Year (34). 
3. Authorization for County Judge Richard F. Cortez to sign any and all documents related to the FY 2021-2022 Hidalgo County Program’s Annual Action Plan for Program Year (34). (Audio Reference 1h:06m 43s)

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 13.A.2 and 13.A.3.

Vote: 5 - 0 - Unanimously
 
B.
AI-80501
Approval of a Proclamation declaring April 2021 Fair Housing Month, and authorizing County Judge and County Clerk to sign any and all documents relating to this agenda. (Audio Reference 1h:07m 16s)

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 13.B.

Vote: 5 - 0 - Unanimously
 
 
C.
AI-80488
“Subject to Compliance with HB 1295” the Urban County Program is requesting consideration and action to award and enter into a construction contract with The 5125 Company, the lowest responsible bidder in the amount of $287,457.00, utilizing UCP funds from Fiscal Years 33(2020) Weslaco Water & Sewer Improvement Funds. (Audio Reference 1h:07m 34s)

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 13.C.

Vote: 5 - 0 - Unanimously
 
D.
AI-80502
“Subject to Compliance with HB 1295” the Urban County Program is requesting consideration and action to award and enter into a construction contract with 2GS LLC dba Earthworks, the lowest responsible bidder in the amount of $230,577.50, utilizing UCP funds from Fiscal Years 32 (2019) San Juan Street Improvement Funds. (Audio Reference 1h:08m 05s)

At the request of the Director of the Urban County Program, P.R. Avila, no action was taken on agenda item 13.D.
 
14.
 
Health & Human Services Department:
 
A.
AI-80496
COVID-19 IMMUNIZATIONS Grant (1293):
1.  Requesting approval to accept the COVID-19 Immunizations grant contract no. HHS001019500022 and for County Judge to e-sign the contract and related documents.  
2.  Requesting approval of the certification of revenue as certified by County Auditor in the amount of $6,771,723.00 and appropriation of the same. (Audio Reference 1h:08m 17s)

Commissioner Fuentes stepped away from the meeting.

Director of the Health and Human Services Department, Eddie Olivarez, confirmed that there was no matching necessary on behalf of the county, however, one of the requirements was that 70% of the funding needed to be expended by a certain date in 2022. Lastly, Mr. Olivarez stated that a briefing would be sent to the Executive Office for review. Executive Officer, Valde Guerra, requested that Budget Officer, Sergio Cruz, be included in the briefing as well. 

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 items 14.A.1 and 14.A.2.

Vote: 4 - 0 -Unanimously 
 
B.
 
Health Care Funding District:
 
1.
AI-80413
A.  Discussion, consideration and approval to draw down funds for Demonstration Year 6 UC Payment in the amount to be determined by HHSC instructions from the  Local Provider Participation Fund (LPPF) with a transfer date of 05-05-21 and a settlement date of 05-06-21. (Audio Reference 1h:11m 45s)

Director of Health and Human Services Department, Eddie Olivarez, stated the amount to be approximately $37M in the funding account provided by the hospitals.

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 agenda item 14.B.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. 
C. Approval of Appropriation of funds from the LPPF in the amount to be determined by HHSC final instructions. (Audio Reference 1h:12m 40s)

Mr. Olivarez stated that the information and instructions would be available until the following day, 04/28/21.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 14.B and 14.C.

Vote: 4 - 0 – Unanimously
Attachments:
 
15.
 
Head Start Program:
 
A.
AI-80473
Discussion/Approval for Request to into a Memorandum of Understanding (MOU) for School Readiness Partnership Model (SRPM)/ Integrated School Readiness Partnerships Model (ISRPM)  between Hidalgo County Head Start Program and the Following Local
Education School Districts
School Districts
Edcouch-Elsa ISD La Joya ISD Mission CISD PSJA ISD - ISRPM
Edinburg CISD McAllen ISD Monte Alto ISD Weslaco ISD
Hidalgo ISD Mercedes ISD PSJA ISD  
 
(Audio Reference 1h:13m 24s)

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 15.A.

Vote: 4 - 0 - Unanimously
 
B.
AI-80471
Discussion/Approval of Summer Work Schedule (Audio Reference 1h:15m 03s)

Commissioner Fuentes rejoined the meeting.

Judge Cortez stepped away from the meeting.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 15.B.

Vote: 4 - 0 – Unanimously
Attachments:
 
C.
AI-80470
Discussion/Approval of the Self-Assessment Results (Audio Reference 1h:16m 23s)

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 15.C.

Vote: 4 - 0 – Unanimously
 
 
16.
 
Elections Administration:
 
A.
AI-80507
Discussion on Election Updates. (Audio Reference 1h:17m 59s)

Yvonne Ramon, with the Elections Department, presented voting statistics on the 4 elections that the county is administrating. She further stated the locations, dates, and times for the May 2021 elections.

No action was taken on agenda item 16.A.

 
 
17.
 
Planning Department:
 
A.
AI-80534
1. Preliminary Approval
a. Pleasant View Estates Subdivision- Pct. 1 (ASE Real Estate, LLC., Series H) (Pleasant View Drive & Mile 5 ½ North Road)
 No. of Lots: 49 Single Family, 2 Commercial
 Flood Zone: B
 Estimated Number of Streetlights:5
 Filling Stations:5
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
 ETJ: Yes, approved by the City of Weslaco.
 Water: Yes, provided by City of Weslaco.
 Sewer: Yes, Sanitary Sewer provided by City of Weslaco.
 Paved: Yes, Pleasant View Drive & Erasmo Drive are paved. 2 internal streets to be paved. 
b. Eduardo’s No. 24 Subdivision- Pct. 3 (Las Dianas Land Development, LLC.) (Inspiration Road & Mile 6 North Road)
 No. of Lots: 67 Single Family
 Flood Zone: X
 Estimated Number of Streetlights:9
 Filling Stations:4
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
 ETJ: Yes, approved by the City of Alton.
 Water: Yes, provided by Sharyland Water Supply Corporation.
 Sewer: Yes, Sanitary Sewer provided by City of Alton.
 Paved: Yes, Inspiration Road is paved and 3 internal streets to be paved. (Audio Reference 1h:21m 23s)

Judge Cortez 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 17.A.1.a and 17.A.1.b.

Vote: 5 - 0 - Unanimously
 
2. Final Approval with Financial Guarantee
a. San Rafael Subdivision- Pct. 1 (C & N Farms, LLC.) (Trenton Road & Dillon Road)
 No. of Lots: 57 Single Family
 Flood Zone:C
 Streetlights: 12
 Filling Stations: 5
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by a new constructed drain ditch.
 ETJ: Yes, approved by the City of Donna.
 Water: Yes, provided by North Alamo Water Supply Corporation
 Sewer: Yes, 35 OSSF’S are installed and 22 OSSF’S have been escrowed.
 Paved: Yes, Trenton Road and Dillon Road are paved.6 internal streets have been paved.
 *Final Approval with a cash deposit in the amount of $33,000.00 for (22) OSSF’S (Audio Reference 1h:22m 20s)

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 17.A.2.a.

Vote: 5 - 0 - Unanimously

3. Final Approval
a. El Crucero Subdivision- Pct. 3 (Peña Chapa Development) (Mile 5 Road & Iowa Road)
 No. of Lots: 25 Single Family
 Flood Zone: “X” & “A”.Flood Zone “A” for lots 21-25 have been removed under LOMR-F Case No. 21-06-0645A and converted to
Flood Zone “X” (unshaded) as per Fema.
 Number of Streetlights:N/A
 Filling Stations:4
 Drainage: Yes, Drainage will be provided by natural perculation and surface run-off onto Mile 5 Road and Iowa Road side ditch.
 ETJ:  Yes, approved by the City of Mission.
Water: Yes, provided by Agua SUD.
 Sewer: Yes, OSSF’S have been installed.
 Paved: Yes, Mile 5 Road and Iowa Road are paved. 
b. Hacienda Victoria Estates Subdivision- Pct. 4 (SED-VIC Investors, L.P.) (Richardson Road & Alamo Road)
 No. of Lots: 101 Single Family
 Flood Zone: X
 Number of Streetlights:15
 Filling Stations:8
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing 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, Richardson Road is paved and 6 internal streets have been paved. (Audio Reference 1h:22m 54s)

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 17.A.3.a and 17.A.3.b.

Vote: 5 - 0 - Unanimously
 
18.
 
Precinct #3 - Comm. Villarreal:
 
A.
AI-80550
1.  Requesting authorization and approval to apply for electricity and water services for a County owned building in Precinct 3, 414 W. 12th St.  Mission. (Audio Reference 1h:24m 47s)

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.1.

Vote: 5 - 0 – Unanimously

2.  Approval of payment to City of Mission in the amount $212.00 for the utility deposit and electrical permit, with authority for the County Treasurer to issue check after review and auditing procedures are completed by the County Auditor. (Audio Reference 1h:25m 09s)

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 18.A.2.

Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI-80500
1.  Approval and acceptance for Commissioner Precinct No. 3, Everardo "Ever" Villarreal, to sign the Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity under TPDES General Permit Application (TXR150000) and the Request for Electronic Reporting Waiver from Texas Commission on Environmental Quality (TCEQ) for the Precinct 3 Mile 3 N. PH I Project. (Audio Reference 1h:25m 31s)

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.1.

Vote: 5 - 0 - Unanimously

2. Requesting approval of payment in the amount of $325.00 to TCEQ for the application fee with authority for the County Treasurer to issue check after review and auditing procedures are completed by the County Auditor. (Audio Reference 1h:26m 11s)

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 18.B.2.

Vote: 5 - 0 - Unanimously
 
C.
AI-80411
1.  Acceptance and approval of  Condemnation Settlement Agreement with United Irrigation District for FM 676 (SH 107 to Taylor Rd.) project and authorization for the County Judge to execute the Agreement.
 2.  Approval for Hidalgo County to issue payment of $30,000.00 to United Irrigation District as full compensation and release of its interest in Parcels 33,6,51,72,53,68,61, and 77 for FM 676 Project (SH 107 to Taylor Rd.).
 
19.
 
Budget & Management:
 
A.
AI-80575
Hidalgo County Rural Subdivision Streetlight Program Update (Audio Reference 1h:27m 34s)

Commissioner Villarreal stepped away from the meeting.

Rey Salazar, with the Department of Budget and Management, presented the Hidalgo County Rural Subdivision Streetlight Program Update. In which Mr. Salazar presented on Statutory Authority, Program Goals, Impacted Communities, and How citizens can apply for assistance.

No action was taken on agenda item 19.A.
 
B.
AI-80497
CARES Act Relief Funds (1287):
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. (Audio Reference 1h:33m 40s)

Commissioner Villarreal rejoined the meeting.

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.B.

Vote: 5 - 0 -Unanimously 
 
C.
 
Budget Appropriations:
 
1.
AI-80571
Pct. 4 TXDOT - I Road (1315):
1. Approval of certification of revenues as certified by the County Auditor for TxDOT project I Rd.
2. Approval of 2020 appropriation of funds for TxDOT project I Rd in the total amount of $90,734.00 (Audio Reference 1h:34m 20s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 19.C.1 and 19.C.2.

Vote: 5 - 0 – Unanimously
Attachments:
 
2.
AI-80538
Pct. 1 Road & Bridge (1200):
Approval of 2021 appropriation of funds from the Road & Bridge unassigned fund balance for Pct. 1 Road & Bridge (1200) in the amount of $1,169,487.82 to fund salaries and road improvement expenses. (Audio Reference 1h:34m 42s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 19.C.2.

Vote: 5 - 0 -Unanimously 
Attachments:
 
3.
AI-80503
Special Revenue & Proprietary Funds:
Approval of 2021 appropriation of funds to fund various PO rollovers. (Audio Reference 1h:35m 00s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 19.C.3.

Vote: 5 - 0 -Unanimously 
Attachments:
 
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.
 
Pct. 2
 
1.
AI-80572
Approval of Work Authorization No. 1 (with an estimated cost of $41,783.60) as submitted by Terracon Consultants, Inc., Contract No. C-21-393-04-06 to provide construction material testing services for the Pct 2 Las Milpas Road (10th St to McColl Rd) Project. (Audio Reference 1h:35m 19s)

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 agenda item 20.A.1.

Vote: 5 - 0 -Unanimously 
 
Attachments:
 
2.
AI-80487
Requesting acceptance and approval of the Certificate of Substantial Completion for GMP II, reflecting the date of February 4, 2021, submitted by Erickson Construction, LLC, awarded contractor for the Pct 2 Las Milpas Park Youth Facility Project, and as certified by the project engineer, B2Z Engineering under Contract No. C-17-324-07-17. (Audio Reference 1h:35m 57s)

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 20.A.2.

Vote: 5 - 0 – Unanimously
 
B.
 
Pct. 3
 
1.
AI-80548
Requesting approval of "on-call" agreement between Hidalgo County and KCI Technologies, Inc. - C-21-0446-04-27 for the provision of "On-Call" Engineering Services for Traffic & Safety Studies for projects located within Precinct 3. (Audio Reference 1h:36m 34s)

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 20.B.1.

Vote: 5 - 0 - Unanimously
 
C.
 
Health & Human Services Dept.
 
1.
AI-80385
Approval of amendment  #1 to [C-20-303-06-23] between Hidalgo County and the University of Texas Rio Grande Valley Texas  for one (1) year extension for Lab Services, under the same rates, terms and conditions. (Audio Reference 1h:36m 56s)

Martha Salazar, with the Purchasing Department, stated approval subject to funding.

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.C.1, subject to funding.

Vote: 5 - 0 - Unanimously
 
D.
 
Sheriff's Office
 
1.
AI-80530
A. Presentation of Evaluation Committee's scoring grid results from (designated grading committee) for the purpose  of HCCC ranking the responses received for RFP 2020-551-"Psychological Evaluation Services for Law Enforcement Agencies";
 
  Gregorio Piña, PhD Mid-Valley Behavioral
Health & Psychological
Evaluator 1 95 90
Evaluator 2 92 90
Evaluator 3 95 85
Total 282 265
Rank    
 
(Audio Reference 1h:37m 24s)

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 20.D.1.A, as ranked.

Vote: 5 - 0 -Unanimously 

 
B. Authority  for the Purchasing Department to commence negotiations for a contract with the highest ranked respondent Gregorio Piña, PhD for Psychological Evaluation Services for Law Enforcement Agencies. (Audio Reference 1h:38m 04s)

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 20.D.1.B.
                                                        
Vote: 5 - 0 – Unanimously
 
2.
AI-80531
Acceptance of submitted proposal and approval to award job order contractor, Noble Texas Builders,LLC through HC membership/participation with Buy Board Cooperative Purchasing Program- JOC Contract # 581-19 in the amount of $69,382 for the construction of Wall Partition in Adult Detention Facility Releasing Area through the Requisition and Purchase Order protocol. (Audio Reference 1h:38m 23s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 20.D.2.

Vote: 5 - 0 – Unanimously
 
E.
 
District Attorney
 
1.
AI-80536
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, for the [necessary construction materials observation and testing services to be provided by Raba Kistner, Inc. for the Hidalgo County Forensic Center Generator, X-Ray Machine and Renovations Project], in order to assist with County functions related to medical and Public Health expenses addressing 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; (Audio Reference 1h:38m 58s)  

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 20.E.1.A.

Vote: 5 - 0 - Unanimously
 
B. Requesting exemption from competitive procurement requirements under Texas Local Government Code 262.024 (a) )(1): an item that must be purchased in case of a public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens; (2) an item necessary to preserve and protect the public health and safety of the citizens; (4) professional service; (Audio Reference 1h:39m 48s)  

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 20.E.1.B.

Vote: 5 - 0 – Unanimously

C. Requesting acceptance and approval of Work Authorization No. 3 with an estimated cost of $7,025.70 as submitted by Raba Kistner, Inc. through On-Call Professional Engineering Services Agreement (C-20-687-12-29) for Construction Materials & Geotechnical Testing Services for the HC Forensic Center Project. (Audio Reference 1h:40m 14s)  

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.E.1.C.

Vote: 5 - 0 - Unanimously
 
F.
 
Co. Wide
 
1.
AI-80514
A. Presentation of Evaluation Committee's scoring grid [as attached herein] , for the purpose of ranking by HCCC of firms nominated [firms listed] to: Conducted the Countywide Roadway & Bridge Inventory Assessment and Condition Study with  Report:
     a.  B2Z Engineering _347_;
     b.  L & G Engineering _351_;
     c.  TEDSI _366_;
     d.  SAMES _383_; (Audio Reference 1h:40m 39s)  

Commissioner Cantu had questioned the scope, therefore voted in opposition of agenda item 20.F.1.A.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a 4-1 vote of approval on agenda item 20.F.1.A.

Vote: 4 - 1 

Commissioner Cantu voted NAY

B. Requesting authority for the HC Purchasing Department to negotiate a Professional Engineering Services Agreement commencing with the number one ranked firm of SAMES.

The court took action on agenda item 20.F.1 until after Closed Session. (Audio Reference 1h:44m 00s)

(Audio Reference 1h:48m 32s)

The court agreed to approve agenda item 20.F.1.B, subject to the Chiefs of Staff, along with Budget Officer, Sergio Cruz, to be included in the negotiations, as well as clarification of the scope of service.

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 20.F.1.B, subject to comment above.
                                                        
Vote: 5 - 0 – Unanimously

The court proceeded to agenda item 25 - Open Session. (Audio Reference 1h:51m 37s)
 
21.
 
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:47m 35s)

County Executive Officer, Valde Guerra, stated that no action was to be taken on agenda items 21.A.1, nor on 21.A.2.

The court proceeded to agenda item 23 - Closed Session (Audio Reference 1h:46m 43s)
 
22.
 
Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. CARES Act Funds (Audio Reference 1h:53m 20s)

County Executive Officer, Valde Guerra, stated that no action was to be taken on agenda item 22.A.1.

B. Measures necessary to preserve public health and safety (Audio Reference 1h:53m 30s)

County Executive Officer, Valde Guerra, stated that no action was to be taken on agenda item 22.B.

C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 1h:53m 36s)

County Executive Officer, 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 22.C.

The court proceeded to agenda item 28 - Adjournment. (Audio Reference 1h:54m 01s)
 
23.
 
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:47m 43s)

The court proceeded into Closed Session at 3:40 P.M.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.

Vote: 5 - 0 -Unanimously
 
A.
 
Real Estate Acquisition

Reference agenda item 25.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 25.B.
 
C.
 
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference agenda item 25.C.
 
D.
AI-80564
CL-21-1426-J; Ovidio Garcia-Garcia v Ricardo Saldana

Reference agenda item 25.D.
 
E.
AI-80508
Hidalgo County v. Roberto Guerrero

Reference agenda item 25.E.
 
F.
AI-80511
Hidalgo County v. Betsy A. Villela, Daniel Rodriguez, and Pronto Insurance Company

Reference agenda item 25.F.
 
24.
 
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)

County Executive Officer, Valde Guerra stated that no action was to be taken on agenda items 24.A, nor on 24.B.

The court proceeded back to agenda item 22 (Audio Reference 1h:53m 20s)
 
25.
 
Open Session: (Audio Reference 1h:48m 18s)

The court returned from Closed Session at 4:15 P.M.

The court proceeded back to agenda item 20.F.1.B. (Audio Reference 1h:48m 32s)
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 1h:51m 44s)

County Executive Officer, Valde Guerra, stated that no action was to be taken on agenda item 25.A.
 
B.
 
Pending and/or potential litigation (Audio Reference 1h:51m 58s)

County Executive Officer, Valde Guerra, stated that no action was to be taken on agenda item 25.B.
 
C.
 
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 1h:52m 02s)

Reference agenda item 22.
 
D.
AI-80565
CL-21-1426-J; Ovidio Garcia-Garcia v Ricardo Saldana (Audio Reference 1h:52m 12s)

County Executive Officer, Valde Guerra, requested action authorizing Ms. Josephine Ramirez's Office for defense handling on behalf of the Hidalgo County and Ricardo Saldana.

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 25.D, subject to comment stated above.

Vote: 5 - 0 – Unanimously
 
 
E.
AI-80510
Hidalgo County v. Roberto Guerrero (Audio Reference 1h:52m 35s)

County Executive Officer, Valde Guerra, requested action authorizing Ms. Josephine Ramirez's Office for subrogation.

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 25.E, subject to comment stated above.
                                                        
Vote: 5 - 0 – Unanimously
 
F.
AI-80512
Hidalgo County v. Betsy A. Villela, Daniel Rodriguez, and Pronto Insurance Company (Audio Reference 1h:52m 52s)

County Executive Officer, Valde Guerra, requested action authorizing Ms. Josephine Ramirez's Office for subrogation.

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 25.F, subject to comment stated above.

Vote: 5 - 0 -Unanimously 

The court returned back to agenda item 24 (Audio Reference 1h:53m 12s)
 
26.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceeded into Closed Session - agenda item 26.
 
27.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceeded to Open Session - agenda item 27.

 
28.
 
Adjourn (Audio Reference 1h:54m 33s)

Judge Cortez adjourned the meeting at 4:20 P.M.

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

Vote: 5 - 0 – Unanimously
There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 27th day of April, 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 April 27, 2021.

Signed this 28th day of April 2021




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy