CC REGULAR
HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
COMMISSIONERS' COURT MEETING
February 23, 2010
9:00 A.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:
1.
Roll Call
2.
Pledge of Allegiance
3.
Prayer
4.
Approval of Consent Agenda
5.
Open Forum
6.
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.087 to discuss the following:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.087 to discuss the following:
A.
Real Estate Acquisition
B.
Consultation with Attorney on litigation associated with New Adult Detention Facility & Law Enforcement Center Project
C.
Pending and/or potential litigation
D.
Claim of AT&T
E.
Claim of AT&T
F.
Claim of Margarito Tellez
G.
Claim of Jose Gonzalo Rodriguez
H.
Claim of Rubie R. Sweet
I.
Cause #CL-10-0436-D; Jose A. Rodriguez v. County of Hidalgo and Darryn M. Caraveo
7.
Open Session:
A.
Real Estate Acquisition and appropriation for same
B.
Consultation with Attorney on litigation associated with New Adult Detention Facility & Law Enforcement Center Project
C.
Pending and/or potential litigation
D.
Claim of AT&T
E.
Claim of AT&T
F.
Claim of Margarito Tellez
G.
Claim of Jose Gonzalo Rodriguez
H.
Claim of Rubie R. Sweet
I.
Cause #CL-10-0436-D; Jose A. Rodriguez v. County of Hidalgo and Darryn M. Caraveo
8.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
9.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
10.
Executive Officer - Valde Guerra:
A.
1. 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."
2. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation"
2. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation"
B.
Facilities Management:
Presentation of Monthly Productivity and Total Cost Savings Report
Presentation of Monthly Productivity and Total Cost Savings Report
C.
Request from City of Edinburg to use the Edinburg Town Square Area (parking lot) on Saturday, April 10, 2010 for the "All Valley Trash Bash 2010 Event"
D.
Presentation of 2009 Annual Valley Initiative Development Advancement (VIDA) Report
E.
Approval of Attorney Fee Sharing Agreement (consent to association)
F.
Budget Officer:
Presentation on the Hidalgo County 2010 Budget in Brief Revision.
Presentation on the Hidalgo County 2010 Budget in Brief Revision.
11.
Constables:
A.
Constable Pct. #1:
Requesting authorization for the County Judge to execute the FY2009 Chapter 59 Asset Forfeiture Report, as required by the Office of the Attorney General.
Requesting authorization for the County Judge to execute the FY2009 Chapter 59 Asset Forfeiture Report, as required by the Office of the Attorney General.
B.
Constable Pct. #2:
Requesting authorization for the County Judge to execute the FY2009 Chapter 59 Asset Forfeiture Report, as required by the Office of the Attorney General.
Requesting authorization for the County Judge to execute the FY2009 Chapter 59 Asset Forfeiture Report, as required by the Office of the Attorney General.
C.
Constable Pct. #3
Appointment of Deputy Constable as per Texas Local Government Code Section 86.011
Appointment of Deputy Constable as per Texas Local Government Code Section 86.011
D.
Constable Pct. #3:
Presentation and discussion of 2009 Racial Profiling Report as presented by Hidalgo County Constable Precinct 3 Department in accordance with Article 2.134 of the Texas Code of Criminal Procedures.
Presentation and discussion of 2009 Racial Profiling Report as presented by Hidalgo County Constable Precinct 3 Department in accordance with Article 2.134 of the Texas Code of Criminal Procedures.
E.
Constable Pct. #5:
Requesting authorization for the County Judge to execute the FY2009 Chapter 59 Asset Forfeiture Report, as required by the Office of the Attorney General.
Requesting authorization for the County Judge to execute the FY2009 Chapter 59 Asset Forfeiture Report, as required by the Office of the Attorney General.
12.
County Treasurer - Norma Garcia:
A.
Discussion, consideration, and action to adopt the Hidalgo County Investment Policy.
13.
County Courts at Law:
A.
County Court At Law #1(1100):
1. Approval of salary increase for the following positions, effective next full pay period (03/01/10):
1. Approval of salary increase for the following positions, effective next full pay period (03/01/10):
|
Slot No.
|
Position Title
|
Current Budgeted Salary
|
Proposed Budgeted Salary
|
Total Adjustment
|
|
0003
|
Court Coordinator
|
$61,795.00
|
$64,000.00
|
$2,205.00
|
|
0004
|
Bailiff/ Interpreter
|
$44,100.00
|
$45,665.00
|
$1,565.00
|
|
0005
|
Court Administrator/ Interpreter
|
$44,835.00
|
$46,835.00
|
$2,000.00
|
|
T006
|
Court Clerk
(Temporary position) |
$18,720.00/yr
($9.00/hr) |
$24,960.00/yr
($12.00/hr) |
$6,240.00
|
|
|
|
|
Total Increase:
|
$12,010.00
|
2. Approval of revised salary schedule.
14.
Sheriff's Office - Chief Martinez:
A.
Approval to accept grant period extension for the Border Security Equipment and Technology Program (BSET) Grant with the Texas Division of Emergency Management, Office of the Governor. New termination date is August 31, 2010.
B.
1. Requesting authorization to amend the 2008 Equitable Sharing Agreement and Certification Report and authorize the County Judge to execute said report.
2. Requesting authorization for the County Judge to execute the 2009 Equitable Sharing Agreement and Certification Report.
2. Requesting authorization for the County Judge to execute the 2009 Equitable Sharing Agreement and Certification Report.
15.
Health & Human Services Department - Eddie Olivarez:
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
B.
Approval of County Indigent Health Care Program Confidentiality Agreement for the following Human Services Division staff :
Employee ID# 078735, 051381, 157724, 147672, 052698, 138932, 065455, 083194, 078433, 147958, 160849
Employee ID# 078735, 051381, 157724, 147672, 052698, 138932, 065455, 083194, 078433, 147958, 160849
16.
IT Department - Renan Ramirez:
A.
Comm. Pct. #3:
1. Authorization to purchase through the County's membership/participation with CONTRACT: C-09-231-09-22 (REQUISITION # 170798 and 170802) with awarded vendor HEB WIRELESS for the following service:
2. Approval of the attached application for cell phone service request under the county's newly adopted cell phone policy.
1. Authorization to purchase through the County's membership/participation with CONTRACT: C-09-231-09-22 (REQUISITION # 170798 and 170802) with awarded vendor HEB WIRELESS for the following service:
| Quantity: | Description: | Department: | Employee: | Cell Phone Number: |
| 1 | UT Starcomm CDM7025 | Comm. Pct. 3 | Eduardo Martinez | New Activation |
B.
Comm. Pct. #3:
1. Authorization to purchase through the County's membership/participation with CONTRACT: HGAC CW05-02 (REQUISITION # 170942) with awarded vendor SPRINT for the following service:
2. Approval of the attached application for cell phone service request under the county's newly adopted cell phone policy.
1. Authorization to purchase through the County's membership/participation with CONTRACT: HGAC CW05-02 (REQUISITION # 170942) with awarded vendor SPRINT for the following service:
| Description: | Department Name: | Employee Name: | Cell Phone Number: | Service Provider: | Service Plan: | Equipment: |
| Transferring From | Comm. Pct. 3 | Domingo Villarreal | 956-279-4010 | HEB Wireless | POCKET $25/ Unlimited Talk, Text & US Long Distance | UT Starcomm CDM7025 |
| Transferring To: | Comm. Pct. 3 | Domingo Villarreal | 956-279-4010 | SPRINT | SPRINT BE1000 Plan $55.00 | IC 502 |
2. Approval of the attached application for cell phone service request under the county's newly adopted cell phone policy.
17.
HIDTA - Task Force - Dora Munoz:
A.
Requesting authorization for the County Judge to execute the following:
1. FY 2009 Chapter 59 Asset Forfeiture Report by Law Enforcement Agency - Hidalgo County HIDTA Task Force
2. FY 2009 Chapter 59 Asset Forfeiture Report by Law Enforcement Agency - Hidalgo County Constable Precinct 3
3. FY 2009 Equitable Sharing Agreement and Certification Report - Hidalgo County HIDTA Task Force
4. FY 2009 Equitable Sharing Agreement and Certification Report - Hidalgo County District Attorney's Office
1. FY 2009 Chapter 59 Asset Forfeiture Report by Law Enforcement Agency - Hidalgo County HIDTA Task Force
2. FY 2009 Chapter 59 Asset Forfeiture Report by Law Enforcement Agency - Hidalgo County Constable Precinct 3
3. FY 2009 Equitable Sharing Agreement and Certification Report - Hidalgo County HIDTA Task Force
4. FY 2009 Equitable Sharing Agreement and Certification Report - Hidalgo County District Attorney's Office
18.
Urban County - Diana Serna:
A.
The Urban County Program requests approval of an amendment to the Subrecipient Agreement with Mid Valley Boys & Girls Club (Youth Services) in the total amount of $66,640.00 for the Urban County Program Year 22 (2009).
B.
Approval of By-Laws for the Urban County Community Development Advisory Council.
C.
Urban County Program on behalf of the City of Peñitas is requesting authority to purchase twelve (12) computer systems and programs, one (1) printer, two (2) VCR/DVD Combo Players, two (2) CD players with headphones, one (1) 52" LCD Flat Panel Television with a tilt mount through Hidalgo County's membership and participation with TCPN (The Cooperative Purchasing Network) approved vendor M & A Technology (contract #R4721) in the amount of $10,314.69 (quote attached hereto) to include fees and accessories as requested by the City of Peñitas for the Public Library. City of Peñitas UCP Year 22 (2009) Public Facilities Program Income funds will be utilized.
19.
Planning Department - Raul Sesin:
A.
Preliminary Approval of Subdivision Plat with Variance Request:
1. El Toro Acres Subdivision – Pct. 3 (Norberto Salinas)
1. El Toro Acres Subdivision – Pct. 3 (Norberto Salinas)
B.
Approval of Hidalgo County Subdivision Statutes, Regulations and Rules Enforcement Protocol and Policy
20.
Head Start Program - Teresa Flores:
A.
Discussion/Approval of Bid Awards and Contracts to Lowest Bidder Meeting all Specifications for Roof Repairs as Follows:
1. Bid#2010-001-01-26: Roof Repair - Donna II Head Start Center
2. Bid#2010-002-01-26: Roof Repair - Hidalgo Head Start Center
3. Bid#2010-003-01-26: Roof Repair - Pharr Head Start Center
4. Bid#2010-004-01-26: Roof Repair - Progreso Head Start Center
1. Bid#2010-001-01-26: Roof Repair - Donna II Head Start Center
2. Bid#2010-002-01-26: Roof Repair - Hidalgo Head Start Center
3. Bid#2010-003-01-26: Roof Repair - Pharr Head Start Center
4. Bid#2010-004-01-26: Roof Repair - Progreso Head Start Center
B.
Presentation and Discussion of Certificate of Payment #1 to Rigney Construction & Development, LLC, for the Construction of Three (3) Portable Two (2) Classroom Buildings, under Purchase Order No. 78991
C.
Discussion/Approval on Request to Purchase Instructional/Teaching Materials Through the Hidalgo County's Membership/Participation with Texas Association School Boards (TASB) Buyboard's Awarded Vendor Hatch, Contract #:328-09
D.
1. Requesting Exemption from Competitive Bidding under the Texas Local Government Code 262.024(a)(4) for Professional Surveying Services for Head Start Program
2. Presentation of the Scoring Grid (for the Purposes of Ranking by Commissioners' Court) of the Firms Graded and Evaluated through the County's Approved "Pool" of Surveyors in Connection with Professional Surveying Services for Head Start Program for the Marking of the Land behind the LBJ Head Start Administration Building
a. Quintanilla, Headley and Associates
b. R.E. Garcia and Associates
c. C.V.Q. Land Surveyors, LLC
3. Authority to Negotiate a Professional Surveying Service Contract with the No. 1 Ranked Firm of ______ for the Surveying of the Land behind the LBJ Head Start Administration Building
2. Presentation of the Scoring Grid (for the Purposes of Ranking by Commissioners' Court) of the Firms Graded and Evaluated through the County's Approved "Pool" of Surveyors in Connection with Professional Surveying Services for Head Start Program for the Marking of the Land behind the LBJ Head Start Administration Building
a. Quintanilla, Headley and Associates
b. R.E. Garcia and Associates
c. C.V.Q. Land Surveyors, LLC
3. Authority to Negotiate a Professional Surveying Service Contract with the No. 1 Ranked Firm of ______ for the Surveying of the Land behind the LBJ Head Start Administration Building
21.
Right of Way - Joe Pena:
A.
Pct. #2:
Authorization for surveys, title reports, appraisals and acquisition of additional right of way on the N. Tower Corner Clips Project (Owassa & Minnesota).
Authorization for surveys, title reports, appraisals and acquisition of additional right of way on the N. Tower Corner Clips Project (Owassa & Minnesota).
22.
Precinct #1 - Comm. Handy:
A.
Approval to reappoint Mr. Joe Olivarez as Pct. #1 Representative for Regional Mobility Authority for a two year term.
23.
Precinct #2 - Comm. Palacios:
A.
Discussion, consideration and approval of Interlocal Cooperative Agreement between County of Hidalgo and City of Alamo for Tower Road Project.
24.
Precinct #3 - Comm. Flores:
A.
Requesting approval to name unnamed road as
Ranchito St. located in Ranchito La Homa Subdivision, approximately 4 1/2 Miles North of La Homa Road running west.
25.
Precinct #4 - Comm. Garza:
A.
Authorization for surveys, and title reports to impove the existing roadway with possible additional right of way being donated for Chapa Rd Project.
B.
Presentation and discussion for authorization to do road maintenance for Sugarland Dr and Cuevas Rd due to emergency situation.
26.
Budget & Management - Raul Silguero Jr.:
A.
Discussion, consideration and approval to submit an Economically Disadvantaged Counties Program(EDCP) Affidavit and Information Sheets for consideration of local participation reduction for the FY 2010 Highway Safety Improvement Program (HSIP), formerly known as the Hazard Elimination Program (HES) for the Hidalgo County Beacon Lights Project.
B.
Budget Appropriations:
1.
Pct. #3 R&B (1203):
Approval of 2010 appropriation of funds into Precinct No. 3 Paved and Unpaved Road (program 005), Precinct No. 3 Roadway System Study (program 025), Precinct No. 3 M4N (program 080), and Precinct No. 3 Circle 6 Road (program 081) in the total amount of $407,331.72.
Approval of 2010 appropriation of funds into Precinct No. 3 Paved and Unpaved Road (program 005), Precinct No. 3 Roadway System Study (program 025), Precinct No. 3 M4N (program 080), and Precinct No. 3 Circle 6 Road (program 081) in the total amount of $407,331.72.
27.
Purchasing Department - Marty Salazar:
NOTES:
1. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE FORWARDED TO HIDALGO COUNTY AUDITOR'S OFFICE.
2. ANY/ALL REQUESTS FOR ACCEPTANCE AND APPROVAL OF CLAIMS/INVOICES UNDER THIS AGENDA WILL INCLUDE AUTHORITY FOR AUDITOR TO ISSUE PAYMENT AFTER REVIEW, AUDIT AND PROCESSING PROCEDURES ARE COMPLETED
NOTES:
1. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE FORWARDED TO HIDALGO COUNTY AUDITOR'S OFFICE.
2. ANY/ALL REQUESTS FOR ACCEPTANCE AND APPROVAL OF CLAIMS/INVOICES UNDER THIS AGENDA WILL INCLUDE AUTHORITY FOR AUDITOR TO ISSUE PAYMENT AFTER REVIEW, AUDIT AND PROCESSING PROCEDURES ARE COMPLETED
A.
Hidalgo County
1.
Current inter-local(s) and/or contract(s) for the "Housing of Inmates"
2.
Presentation for discussion, consideration and action
Including, but not limited to, the following items in connection with New Adult Detention Center:
a) Detention Facility Law Enforcement Center Design- Build Contract with including action regarding Landmark Application for payment, final punch list and release of retainage
b) Construction of additional pod(s)
c) Selection and engagement of an architect for the construction of additional pods
Including, but not limited to, the following items in connection with New Adult Detention Center:
a) Detention Facility Law Enforcement Center Design- Build Contract with including action regarding Landmark Application for payment, final punch list and release of retainage
b) Construction of additional pod(s)
c) Selection and engagement of an architect for the construction of additional pods
3.
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
a) Renovations of administration building
b) Other ongoing county owned building construction, renovation repair projects
c) Emergency situations occurring since last agenda meeting
a) Renovations of administration building
b) Other ongoing county owned building construction, renovation repair projects
c) Emergency situations occurring since last agenda meeting
4.
Clarification to (AI-19872-approved-CC 2/16/10) final contract document #C-10-062-02-16 with TEDSI Infrastructure Group, Inc.-professional engineering services for entire project: "Design an Right Way Mapping of HCMDS Phase II-J-09" which included Work Authorization #1-Lateral Drain Ditch From North Main Drain To County Road 3601 (Approx. 8 Miles)" located within Hidalgo County Precinct No. 4 .
5.
Acceptance and approval of invoices #B002011905-$17,828.00 and #B002002345-$19,982.00 received from Carrier Corporation (awarded vendor through Buyboard Cooperative Purchasing Program contract 305-08 and 298-09) in connection with "Hidalgo County Old Administration Building 3rd Floor Renovations-Replacement of Air Handler Unit" through PO #625760 in amounts (detailed herein) eligible for payment that have gone through the Auditor's processing procedures with authority for County Treasurer to issue payment(s)/check(s).
B.
Pct. 4
1.
Requesting approval of Work Authorization #4 ($12,850.00) from Millennium Engineers Group, Inc. for professional construction material testing for: "Sunflower Road, Sandy Ridge Road & Trenton Road" projects located within Pct. No. 4, in connection with Contract No. C-08-472-03-24.
2.
Pursuant to Texas Local Government Code, Chapter 263.152 (a)(3), requesting Commissioners Court to ...'order the property otherwise disposed...' inasmuch as CC undertook to sell said property under 263.152(a)(1)...'sealed competitive bids' and was unable to do so because no bids were received for the top soil and fill dirt from both sites that are part of Precinct 4 "San Carlos Drainage Improvement Project and identified as Dickerson Pond located at the corner of Dillon Rd & Tex-Mex Rd. and Fike Pond located at the SE corner of Mile 17 and Holmes Rd.
C.
Colonia Access Program Pct. 1
1.
Acceptance and approval of Change Order No. 1 with contractor Total Commitment, LLC for High Point Subdivision, Pct. No. 1 reflecting an increase in the amount of $14,604.50 existing level-up was no longer adequate for roadway improvements and Pct. 1 is requesting valley gutter thus resulting in modified quantities of items and addition of items as submitted through project engineer TEDSI Infrastructure Group-C-CAP-09-382-12-15.
D.
Colonia Access Program Pct. 3
1.
Approval of Application for Payment No. 3 (Final) in the amount of $47,248.65 from Total Commitment, LLC contracted vendor for Basham Subdivision No. 18 as submitted by Javier Hinojosa Engineering project engineer. (C-CAP-09-286-08-25)
2.
Acceptance and approval of Change Order No. 1 with contractor Total Commitment, LLC for Basham Subdivision No. 18, Pct. No. 3 reflecting a decrease in the amount of $1,475.50 for deletion of asphalt concrete as submitted through project engineer Javier Hinojosa Engineering-C-CAP-09-286-08-25.
E.
Adult Probation:
1.
Request to Hidalgo County Commissioners Court by Arnold Patrick, Director, HCCSCD, for approval to permit the Hidalgo County Purchasing Department to provide procurement services in connection with the solicitation of sealed bids through advertisement for the purchase of: Legend and Non-legend Pharmaceuticals and/or Medical Supplies on an "as needed basis" for the Adult Probation's Substance Abuse Treatment Facility with review and recommendation for award of bid and contract to be made by Arnold Patrick in accordance with Government Code, Chapter 76.
F.
Co. Wide
1.
HIDALGO COUNTY RE: REAL ESTATE ACQUISITIONS-
Requesting authority to obtain and approval of (when applicable), including, but not limited to, the following items necessary in anticipation of real property/estate acquisition(s): fair market value appraisals, inspections, surveys, all phases-environmental assessments, title reports or title policies services, commercial contracts (improved property) or option contracts with authority for County Auditor to issue required earnest money payment(s) or option payment(s) and County Judge or Presiding Officer to execute necessary/required document(s)
Requesting authority to obtain and approval of (when applicable), including, but not limited to, the following items necessary in anticipation of real property/estate acquisition(s): fair market value appraisals, inspections, surveys, all phases-environmental assessments, title reports or title policies services, commercial contracts (improved property) or option contracts with authority for County Auditor to issue required earnest money payment(s) or option payment(s) and County Judge or Presiding Officer to execute necessary/required document(s)
28.
Adjourn