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AGENDA
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 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
 
2.   Pledge of Allegiance
 
3.   Prayer
 
4.   Approval of Consent Agenda
 
5.   Open Forum
 
6.   County Judge's Office:
 
A. 80551   Approval of Resolution congratulating the McAllen City Commission for being named ‘Council of the Year’ by the Texas City Management Association.
 
B. 80567   Approval of Resolution asking the Biden Administration to fill in dangerous breaches to Hidalgo County's protective levee system.
 
C. 80547   Discussion, consideration, and action on the Moody Foundation Grant distribution amendment. 
 
7.   Precinct #1 - Comm. Fuentes:
 
A. 80553   Approval of Resolution to support the Lower Laguna Madre National Estuary Program Initiative
 
8.   District Clerk - Laura Hinojosa:
 
A. 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.
 
9.   Sheriff's Office:
 
A. 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.
 
B. 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.
 
C. 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.
 
D. 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).
 
10.   Constable Pct. #1:
 
A. 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.
 
11.   Constable Pct. #2:
 
A. 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.
 
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
3. Budget Amendment Policy - Personnel Related Amendments
 
B. 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
 
C. 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

 
D. 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
 
13.   Urban County:
 
A. 80457   1. Public Hearing regarding the FY 2021-2022 Hidalgo County Urban County Program’s Annual Action Plan for Program Year (34).

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).
 
B. 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.
 
C. 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.
 
D. 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.
 
14.   Health & Human Services Department:
 
A. 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.  
 
B.   Health Care Funding District:
 
1. 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.
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.
 
15.   Head Start Program:
 
A. 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  
 
B. 80471   Discussion/Approval of Summer Work Schedule
 
C. 80470   Discussion/Approval of the Self-Assessment Results
 
16.   Elections Administration:
 
A. 80507   Discussion on Election Updates.
 
17.   Planning Department:
 
A. 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.
 
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

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.
 
18.   Precinct #3 - Comm. Villarreal:
 
A. 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.

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.  
 
B. 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.

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. 
 
C. 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. 80575   Hidalgo County Rural Subdivision Streetlight Program Update
 
B. 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.
 
C.   Budget Appropriations:
 
1. 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
 
2. 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.
 
3. 80503   Special Revenue & Proprietary Funds:
Approval of 2021 appropriation of funds to fund various PO rollovers.
 
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. 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.
 
2. 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. 
 
B.   Pct. 3
 
1. 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.
 
C.   Health & Human Services Dept.
 
1. 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.
 
D.   Sheriff's Office
 
1. 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    
 
B. Authority  for the Purchasing Department to commence negotiations for a contract with the highest ranked respondent _______________________________for Psychological Evaluation Services for Law Enforcement Agencies. 
 
2. 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.
 
E.   District Attorney
 
1. 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;    
 
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;
 
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. 
 
F.   Co. Wide
 
1. 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 _______;
     b.  L & G Engineering ______;
     c.  TEDSI ________;
     d.  SAMES _______; 

B. Requesting authority for the HC Purchasing Department to negotiate a Professional Engineering Services Agreement commencing with the number one ranked firm of _________________________.
 
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
 
22.   Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. CARES Act Funds
B. Measures necessary to preserve public health and safety
C. Direction regarding County government operations, including but not limited to essential functions
 
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:
 
A.   Real Estate Acquisition
 
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.
 
C.   Consultation with Legal Counsel regarding Legal Action due to emergency situation
 
D. 80564   CL-21-1426-J; Ovidio Garcia-Garcia v Ricardo Saldana
 
E. 80508   Hidalgo County v. Roberto Guerrero
 
F. 80511   Hidalgo County v. Betsy A. Villela, Daniel Rodriguez, and Pronto Insurance Company
 
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)
 
25.   Open Session:
 
A.   Real Estate Acquisition and appropriation for same
 
B.   Pending and/or potential litigation
 
C.   Discussion, consideration and possible action regarding response to public health emergency
 
D. 80565   CL-21-1426-J; Ovidio Garcia-Garcia v Ricardo Saldana
 
E. 80510   Hidalgo County v. Roberto Guerrero
 
F. 80512   Hidalgo County v. Betsy A. Villela, Daniel Rodriguez, and Pronto Insurance Company
 
26.   Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
27.   Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
28.   Adjourn
 

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