CC REGULAR
HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
COMMISSIONERS' COURT MEETING
August 31, 2010
9:00 A.M.
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners' Court will be held in the Commissioners' Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:
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 to discuss the following:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 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.
Cause No. C-2483-10-B; Joel Quintanilla, et al v. Rene A. Ramirez, et al
E.
C-128-09-E; Eudelia Vale v. County of Hidalgo
F.
CL-10-1555-E; Rosa A. Arguelles and Ana M. Cortez v. Hidalgo County, Texas Head Start
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.
Cause No. C-2483-10-B; Joel Quintanilla, et al v. Rene A. Ramirez, et al
E.
C-128-09-E; Eudelia Vale v. County of Hidalgo
F.
CL-10-1555-E; Rosa A. Arguelles and Ana M. Cortez v. Hidalgo County, Texas Head Start
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"
11.
District Attorney's Office - Roy Cazares:
A.
1. D.A. State Supplement Grant (1281):
a. Request approval to accept the 2010-2011 D.A. State Supplement in the amount of $34,450.00.
b. Approval of Certification of Revenues as certified by the County Auditor for the D.A. State Supplement Grant.
c. Approval of 2010-2011 D.A. State Supplement (080-010) budget in the amount of $34,450.00.
d. Approval of salary schedule.
2. Crime Victim Coordinator & Liaison Grant (1281):
a. Request approval to accept the 2010-2011 Crime Victim Coordinator & Liaison Grant in the amount of $37,241.00.
b. Approval of 2010-2011 Crime Victim Coordinator & Liaison Grant (080-011) budget in the amount of $37,241.00.
c. Approval of salary schedule.
3. Border Prosecution Initiative (1281):
a. Request approval to accept the 2010-2011 Border Prosecution Grant in the amount of $100,000.00.
b. Approval of Certification of Revenues as certified by the County Auditor for the Border Prosecution Grant.
c. Approval of 2010-2011 Border Prosecution (080-012) budget in the amount of $100,000.00.
d. Approval of salary schedule.
a. Request approval to accept the 2010-2011 D.A. State Supplement in the amount of $34,450.00.
b. Approval of Certification of Revenues as certified by the County Auditor for the D.A. State Supplement Grant.
c. Approval of 2010-2011 D.A. State Supplement (080-010) budget in the amount of $34,450.00.
d. Approval of salary schedule.
2. Crime Victim Coordinator & Liaison Grant (1281):
a. Request approval to accept the 2010-2011 Crime Victim Coordinator & Liaison Grant in the amount of $37,241.00.
b. Approval of 2010-2011 Crime Victim Coordinator & Liaison Grant (080-011) budget in the amount of $37,241.00.
c. Approval of salary schedule.
3. Border Prosecution Initiative (1281):
a. Request approval to accept the 2010-2011 Border Prosecution Grant in the amount of $100,000.00.
b. Approval of Certification of Revenues as certified by the County Auditor for the Border Prosecution Grant.
c. Approval of 2010-2011 Border Prosecution (080-012) budget in the amount of $100,000.00.
d. Approval of salary schedule.
12.
Sheriff's Office - Chief Martinez:
A.
Interlocal agreement between City of Mission, Texas and the County of Hidalgo, Texas to utilize vehicle described in Exhibit "A" in its police operations, specifically in the "Panama Unit", designated to fight street level narcotics in and around the City and County.
B.
DEA (1284):
1. Approval for acceptance of cooperative agreement between the Hidalgo County Sheriff's Office and the U.S. Department of Justice, Drug Enforcement Administration (DEA).
2. Approval of Certification of Revenues by the County Auditor for the DEA cooperative agreement for overtime.
3. Approval of appropriation of funding for overtime in the amount of $17,202.25.
1. Approval for acceptance of cooperative agreement between the Hidalgo County Sheriff's Office and the U.S. Department of Justice, Drug Enforcement Administration (DEA).
2. Approval of Certification of Revenues by the County Auditor for the DEA cooperative agreement for overtime.
3. Approval of appropriation of funding for overtime in the amount of $17,202.25.
13.
Health & Human Services Department - Eddie Olivarez:
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
B.
Authorization and approval for HCHHS to follow up with each of the municipalities and update our OSSF inter local agreement for their cities and ETJ in accordance to legal counsel
C.
1. FY 2011 Family Planning (SDI)
a. Request approval to accept the attached FY 2011 Family Planning (SDI) Contract #2011-036953, Attachment #001, in the amount of $244,205.00 for a total of $410,114.00 for the period 9/1/2010 to 8/31/2011.
b. Approval of Certification of Revenues as certified by the County Auditor for the Family Planning (SDI) Contract.
c. Request approval of the attached Family Planning (SDI) Contract Budget for the period 9/1/2010 to 8/31/2011 (Account # 0-1293-441-00-340-018-1-XXX).
2. FY 2011 Child Health-FFS (SDI) Contract
a. Request approval to accept the attached FY 2011 Child Health-FFS (SDI) Contract #2011-036940, Attachment #001, in the amount of $34,833.00 for a total of $444,947.00 for the period 9/1/2010 to 8/31/2011.
b. Approval of Certification of Revenues as certified by the County Auditor for the Child Health-FFS (SDI) Contract.
c. Request approval of the attached Child Health-FFS (SDI) Contract Budget for the period 9/1/2010 to 8/31/2011 (Account # 0-1293-441-00-340-018-1-XXX).
3. Approval of 2011 SDI salary schedule.
a. Request approval to accept the attached FY 2011 Family Planning (SDI) Contract #2011-036953, Attachment #001, in the amount of $244,205.00 for a total of $410,114.00 for the period 9/1/2010 to 8/31/2011.
b. Approval of Certification of Revenues as certified by the County Auditor for the Family Planning (SDI) Contract.
c. Request approval of the attached Family Planning (SDI) Contract Budget for the period 9/1/2010 to 8/31/2011 (Account # 0-1293-441-00-340-018-1-XXX).
2. FY 2011 Child Health-FFS (SDI) Contract
a. Request approval to accept the attached FY 2011 Child Health-FFS (SDI) Contract #2011-036940, Attachment #001, in the amount of $34,833.00 for a total of $444,947.00 for the period 9/1/2010 to 8/31/2011.
b. Approval of Certification of Revenues as certified by the County Auditor for the Child Health-FFS (SDI) Contract.
c. Request approval of the attached Child Health-FFS (SDI) Contract Budget for the period 9/1/2010 to 8/31/2011 (Account # 0-1293-441-00-340-018-1-XXX).
3. Approval of 2011 SDI salary schedule.
D.
Public Hearing on the On-Site Sewage Facilities (OSSF) Orders, Ordinances, and Resolutions in accordance to Texas Health and Safety Code Chapter 366
14.
Fire Marshal's Office - Juan Martinez:
A.
Discussion and approval of the following 2010 Interlocal Cooperation Agreement for Rural Fire Services:
1. City of Edcouch
1. City of Edcouch
15.
HIDTA - Task Force - Dora Munoz:
A.
Authorization and approval to renew the Local Agreement between the Hidalgo County HIDTA Task Force and the Criminal District Attorney of Hidalgo County.
16.
Urban County - Diana Serna:
A.
Requesting approval of Resolution authorizing the County Judge to act as the County's Executive Officer and Authorized Representative in all matters pertaining to the County's participation in the Texas Department of Rural Affairs (TDRA) TxCDBG Program, 2011-2012 Colonia Construction Fund Application.
B.
Consideration and Approval of a Budget & Program Amendment to the Urban County Program Precinct No. 4 Texas Department of Rural Affairs Disaster Recovery Program (TDRA) work plan to re-allocate funding from the Flood and Drainage Facilities line item to the Acquisition line item.
C.
The Urban County Program is requesting the County's approval and payment of an origination of 1 % in order to renew an existing $500,000 Line of Credit with First National Bank of Edinburg for the Colonia Construction Grant.
17.
Planning Department - Raul Sesin:
A.
1. Final Approval of Subdivision Plat with Financial Guarantee:
a. Moulin Rouge Ranches Subdivision – Pct. 4 (Richard Garza)
2. Re-appointment of Member for the Hidalgo County Subdivision Advisory Board:
a. Leonel Garza- Pct. 4
b. Manuel Cantu – Pct. 2
a. Moulin Rouge Ranches Subdivision – Pct. 4 (Richard Garza)
2. Re-appointment of Member for the Hidalgo County Subdivision Advisory Board:
a. Leonel Garza- Pct. 4
b. Manuel Cantu – Pct. 2
18.
Elections Administration - Yvonne Ramon:
A.
1. Discussion and approval of Appointment of Democrat Presiding Election Judges and Alternate Election Judges for the August 1, 2010 through the July 31, 2011 term.
2. Discussion and approval of Appointment of Republican Presiding Election Judges and Alternate Election Judges for the August 1, 2010 through the July 31, 2011 term.
2. Discussion and approval of Appointment of Republican Presiding Election Judges and Alternate Election Judges for the August 1, 2010 through the July 31, 2011 term.
B.
Approval of Full Contract for Election Services between Hidlago County and La Joya Independent School District for their election to be held on November 2, 2010.
C.
1. Discussion and approval of Early Voting Sites (dates & times) for November 2, 2010 General Election.
2. Discussion and approval of Election Day Sites (dates & times) for November 2, 2010 General Election.
2. Discussion and approval of Election Day Sites (dates & times) for November 2, 2010 General Election.
19.
Precinct #1 - Comm. Cuellar:
A.
Approval of Proclamation for PFC Mario G. Ybarra
20.
Purchasing Department - Marty Salazar:
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 FOWARDED 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).
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 FOWARDED 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.
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.
a. Requesting exemption from competitive procurement requirements under the Texas Local Government Code, Section 262.024(a)(7)(a) proprietary software;
b. Requesting approval of agreement (if applicable) with authority to purchase: "On-line Research Services" with Lexis Nexis for the Hidalgo County Public Defender's Office.
b. Requesting approval of agreement (if applicable) with authority to purchase: "On-line Research Services" with Lexis Nexis for the Hidalgo County Public Defender's Office.
5.
Presentation for discussion, consideration and action to modify (re: delete Agent participation) the current procurement packet (approved by CC on 8-17-10) for: "RFP NO: 2010-228-Third Party Administration, Individual Stop Loss For Self-Funded Medical Plan, Group Term Life And Accidental Death & Dismemberment".
6.
Acceptance and Approval of proposal from awarded vendor, Jamail & Smith Construction (contract # R4957-Article 10) through the County's participation/membership with The Cooperative Purchasing Network (TCPN) for the "Purchase of three (3) Mobile Solar Power Generators with Lighting package" in the amount of $165,000.00 in connection with the Energy Efficiency and Conservation Block Grant (EECBG) Functions/Activities with authority to process requisition when submitted through Project#10-231-MSS.
7.
a. Rescission of Agenda Item AI-22406-25 E. 1.(CC on 08/17/10) for the purposes of ranking by CC as "qualified" in order to proceed to enter negotiations with the sole qualified proposer in order to finalize a contract in connection with Hidalgo County-Cabling-Installation-Time-Materials-Other Services-2010-134-07-28YZV inasmuch as the proposal submitted was incomplete;
b. Requesting approval of the sixty (60) day grace period extension as provided under current Contract #C-08-277-09-22 between Hidalgo County and Starr Telecommunications Etc. so as to have no laspe in services while procurement process is completed;
c. Requesting authority to re-advertise and approval of procurement packet (i.e. specifications/requirements, legal notice, draft contract) as attached hereto for "Hidalgo County Cabling-Installation-Time-Materials-Other Services".
b. Requesting approval of the sixty (60) day grace period extension as provided under current Contract #C-08-277-09-22 between Hidalgo County and Starr Telecommunications Etc. so as to have no laspe in services while procurement process is completed;
c. Requesting authority to re-advertise and approval of procurement packet (i.e. specifications/requirements, legal notice, draft contract) as attached hereto for "Hidalgo County Cabling-Installation-Time-Materials-Other Services".
8.
Acceptance and approval of invoices listed below 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 after review and complete processing procedures by Auditor with authority County Treasurer to issue payment.
| Invoice No. | Invoice Amount | Amount to be paid |
| B002064508 | $67,049.00 | $62,996.32 |
| B002079425 | $30,084.00 | $21,341.85 |
B.
Pct. 2
1.
a. Requesting approval and/or ratification (whichever is applicable) of Architect's Supplemental Instructions No. 9 (funded from the Betterment Allowance) in the amount of $37,396.00, to contractor D. Wilson Construction Co., in connection with the "Construction of New Offices for Precinct No. 2." C-09-037C-11-17
b. Requesting approval and/or ratification (whichever is applicable) of Architect's Supplemental Instructions No. 11 (funded from the Allowance/Contingency) in the amount of $51,250.00, to contractor D. Wilson Construction Co., in connection with the "Construction of New Offices for Precinct No. 2." C-09-037C-11-17
b. Requesting approval and/or ratification (whichever is applicable) of Architect's Supplemental Instructions No. 11 (funded from the Allowance/Contingency) in the amount of $51,250.00, to contractor D. Wilson Construction Co., in connection with the "Construction of New Offices for Precinct No. 2." C-09-037C-11-17
2.
Requesting approval of Change Order No. 1 (as reviewed by Raul Sesin, PE) with Total Commitment, LLC, contracted vendor for "North Tower Road Crossing Drainage Improvement Project" reflecting an additional 47 days resulting in a new total of 137 constuction days due to inclement weather (i.e. Hurricane Alex, subsequent rains, and utility conflicts) with authority for County Judge to execute document.
3.
Discussion, consideration and action including, but not limited to, the following items in connection with interlocal cooperation agreements for Cesar Chavez Drainage , El Gato Road and Minnesota Drainage Improvement Projects:
a. Approval of "Order to Rescind Action" taken by CC-6/01/2010-AI-21391-22 B.1. an Interlocal Cooperation Agreement between Hidalgo County and PSJA ISD;
b. Approval of Interlocal Cooperation Agreement Project, aka, Exhibit "C" - Sioux , Alamo and Cesar Chavez Roads for a drainage improvement project;
c. Approval of Interlocal Cooperation Agreement between Hidalgo County, PSJA ISD and the City of Alamo for Cesar Chavez Drainage Improvement Project located in the vicinity of Sioux, Alamo and Cesar Chavez Roads;
d. Approval of Interlocal Cooperation Agreement Project, aka, Exhibit "B" - El Gato Road from Tower to Alamo Roads Improvements;
e. Approval of Interlocal Cooperation Agreement between Hialgo County, City of Alamo, and PSJA ISD in connection with road improvements to El Gato Road from Tower to Alamo Roads;
f. Approval to rescind action taken by CC-8/03/2010-AI-22294-24 B.5. an Interlocal Cooperation Agreement between Hidalgo County and the City of San Juan in connection with the Minnesota Drainage Improvement Project;
g. Approval of Interlocal Cooperation Agreement Project, aka, Exhibit "C" -by Raul Longoria Road on the west, Nolan Loop on the south, Owanssa Road on the north and Cesar Chavez on the east, aka, Minnesota Drainage Improvement Project;
h. Approval of Interlocal Cooperation Agreement between Hidalgo County and the City of San Juan in connection with Minnesota Road Improvements Project.
a. Approval of "Order to Rescind Action" taken by CC-6/01/2010-AI-21391-22 B.1. an Interlocal Cooperation Agreement between Hidalgo County and PSJA ISD;
b. Approval of Interlocal Cooperation Agreement Project, aka, Exhibit "C" - Sioux , Alamo and Cesar Chavez Roads for a drainage improvement project;
c. Approval of Interlocal Cooperation Agreement between Hidalgo County, PSJA ISD and the City of Alamo for Cesar Chavez Drainage Improvement Project located in the vicinity of Sioux, Alamo and Cesar Chavez Roads;
d. Approval of Interlocal Cooperation Agreement Project, aka, Exhibit "B" - El Gato Road from Tower to Alamo Roads Improvements;
e. Approval of Interlocal Cooperation Agreement between Hialgo County, City of Alamo, and PSJA ISD in connection with road improvements to El Gato Road from Tower to Alamo Roads;
f. Approval to rescind action taken by CC-8/03/2010-AI-22294-24 B.5. an Interlocal Cooperation Agreement between Hidalgo County and the City of San Juan in connection with the Minnesota Drainage Improvement Project;
g. Approval of Interlocal Cooperation Agreement Project, aka, Exhibit "C" -by Raul Longoria Road on the west, Nolan Loop on the south, Owanssa Road on the north and Cesar Chavez on the east, aka, Minnesota Drainage Improvement Project;
h. Approval of Interlocal Cooperation Agreement between Hidalgo County and the City of San Juan in connection with Minnesota Road Improvements Project.
C.
Pct. 3
1.
Acceptance and approval of Work Authorization No. 3 (with an estimated cost of $27,142.50) as submitted by project engineer, Javier Hinojosa Engineering for engineering services for "Intersection of Mile 2 and Abram Road" within Hidalgo County Pct. No. 3 through Contract #C-10-200-05-25.
D.
WIC
1.
Approval to accept correspondence from legal counsel (contained herein) for vendor, Ridge Point Medical Pharmacy requesting CC to rescind previous action of 7-20-10 to award bid and contract (as not yet executed) for the Hidalgo County WIC Program-Medical Supplies.
E.
Tax Office
1.
Requesting approval of award of bid and contract (subject to legal review) to low bidder meeting all specifications and requirements with "Midwest Presort Mailing Services, Inc., dba, Midwest Direct" for "Printing & Mailing Of 2010 Tax Statements, Tax Rolls and Envelopes" for Hidalgo County Tax Assessor/Collector-RFB No: 2010-269-08-25.
F.
Sheriff's Office
1.
a. Authorization to purchase through Hidalgo County's membership and participation with TASB/Buyboard's awarded vendor, Philpott Motors-Contract No. 281-07), Four (4) New 2010 Ford Expeditions fully equipped for a total of $177,268.00 which includes $400.00 buy-board pricing and delivery fees for -Project #2010-317-OGG); or in the alternative,
b. Authority to advertise sealed competitive procurement for the purchase of: Four (4) New 2010 Ford Expeditions to include options as described on attached specifications or equivalent.
b. Authority to advertise sealed competitive procurement for the purchase of: Four (4) New 2010 Ford Expeditions to include options as described on attached specifications or equivalent.
G.
County Clerk
1.
Requesting approval to enter into a Interlocal Agreement with the Texas Department of State Health Services of Vital Statistics and Hidalgo County for issuance of Birth Certificates at NO COST to the County. Commensing 09/01/2010, Expiring 08/31/2012.
H.
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)
Adjourn