CC REGULAR
HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
COMMISSIONERS' COURT MEETING
September 7, 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.
Claim of San Juanita Perez
E.
Claim of Margarito Caballero
F.
Case 7:10-cv-00268; Francisco De Luna and Elizabeth Diaz, individually and on behalf of all other similarly situated v. Hidalgo County, Texas, et al
G.
Cause #C-2749-10-C; Victor Hugo Barrera, et al v. Compass Bank, et al
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 San Juanita Perez
E.
Claim of Margarito Caballero
F.
Case 7:10-cv-00268; Francisco De Luna and Elizabeth Diaz, individually and on behalf of all other similarly situated v. Hidalgo County, Texas, et al
G.
Cause #C-2749-10-C; Victor Hugo Barrera, et al v. Compass Bank, et al
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.
Historical Museum:
Approval of Museum Funding Agreement between County of Hidalgo and the Museum of South Texas History for the Renovation of Original 1910 Hidalgo County Jail
Approval of Museum Funding Agreement between County of Hidalgo and the Museum of South Texas History for the Renovation of Original 1910 Hidalgo County Jail
C.
Discussion, consideration, and approval to install a self-help legal terminal at the Hidalgo County Law Library by the Texas Legal Service Center at no cost to the county.
D.
Approval to accept a settlement check from State Farm Insurance Company in the amount of $2,610.04 for an auto accident with a County vehicle. (Precinct 3)
E.
Status Report on Hurricane Alex's relief efforts
F.
Discussion and acknowledgement of Management Reponses to audit findings regarding Head Start audit report for the period 1/1/08 to 12/31/08 prepared by Burton, McCumber and Cortez, LLP with authority for Executive Officer to sign document
11.
Constables:
A.
Constable Pct. #3:
Appointment of Rodolfo Trevino as Deputy Constable by Constable Lazaro Gallardo in accordance with Texas Local Government Code 86.011.
Appointment of Rodolfo Trevino as Deputy Constable by Constable Lazaro Gallardo in accordance with Texas Local Government Code 86.011.
12.
Health & Human Services Department - Eddie Olivarez:
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
13.
Emergency Services Division - Tony Pena:
A.
Authorization and approval to accept the 2009 Homeland Security Grant program (increase) from the Texas Division of Emergency Management (TDEM) in the amount of $150,134.83.
14.
Urban County - Diana Serna:
A.
On behalf of the City of La Villa, Urban County Program is requesting approval to reject the sole bid submitted by LEM Construction CO., Inc. of Houston in the amount of $1,678,200.00 for the UCP FY's 22 & 23 (2009 & 2010) City of La Villa Water/Sewer Improvements project (Water Treatment Plant).
B.
1. Hold Public Hearing to consider public comments on a proposed budget and program amendment for Pct. #1 utilizing Urban County funds from Program Years 19, 20, 21, & 22 (2006, 2007, 2008 & 2009) to transfer surplus funds, increase funding for projects, project cancellation and creating new projects.
2. Consideration and Approval of Budget & Program Amendment to the Urban County Pct. #1 Fiscal Years 19, 20, 21, & 22 (2006, 2007, 2008 & 2009) CDBG work plans to transfer surplus funds from the completed Rehab: Single Unit Residential line item (2006) and Clearance & Demolition line item (2007). To cancel water/sewer improvements project, transfer Fire Station Equipment funds for completed project, and create a Parks, Recreational Facility Imp. (2008). Will also decrease the Street Improvements line item and create a Parks, Recreational Facility and include an additional Street Improvements line item (2009).
2. Consideration and Approval of Budget & Program Amendment to the Urban County Pct. #1 Fiscal Years 19, 20, 21, & 22 (2006, 2007, 2008 & 2009) CDBG work plans to transfer surplus funds from the completed Rehab: Single Unit Residential line item (2006) and Clearance & Demolition line item (2007). To cancel water/sewer improvements project, transfer Fire Station Equipment funds for completed project, and create a Parks, Recreational Facility Imp. (2008). Will also decrease the Street Improvements line item and create a Parks, Recreational Facility and include an additional Street Improvements line item (2009).
C.
TXCDBG Disaster Recov./ TDHCA Community Dev. Pgrm (1288)
1. Approval to change the funding source to the following two (2) positions/ employees:
2. Approval of TXCDBG Disaster Recovery grant revised salary schedule & TDHCA Community Dev. Pgrm salary schedule.
1. Approval to change the funding source to the following two (2) positions/ employees:
|
Employee No. |
Position Title |
Grade
|
Old Slot No. |
Old Account Name/ No.
|
New Slot No. |
New Account Name/ No.
|
|
173584
|
Inspector
|
9
|
0003
|
TXCDBG Disaster Recov
0-1288-463-00-250-006-1-XXX |
0001
|
TDHCA Community Dev. Pgrm
0-1288-463-00-250-007-1-XXX |
|
120243
|
Inspector
|
9
|
0005
|
TXCDBG Disaster Recov
0-1288-463-00-250-006-1-XXX |
0002
|
TDHCA Community Dev. Pgrm
0-1288-463-00-250-007-1-XXX |
2. Approval of TXCDBG Disaster Recovery grant revised salary schedule & TDHCA Community Dev. Pgrm salary schedule.
15.
Elections Administration - Yvonne Ramon:
A.
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.
B.
Approval of Full Contract for Election Services between Hidalgo County and Monte Alto Independent School District for their election to be held on November 2, 2010.
C.
Approval of Full Contract for Election Services between Hidalgo County and Edcouch-Elsa Independent School District for their election to be held on November 2, 2010.
D.
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.
16.
Head Start Program - Teresa Flores:
A.
Application for Continued Funding to the Administration for Children and Families (ACF), Department of Health and Human Services for Budget Period 01/01/11 to 12/31/11
17.
Right of Way - Joe Pena:
A.
Requesting authorization and/or approval to install a security gate at the entrance of Westhaven Drive located in The Estates at Westhaven Subdivision as per Transportation Code Chapter 251, Section 251.010 as requested by Roel Carreon, President-Homeowners Association.
18.
Auditor's Office - Ray Eufracio:
A.
Presentation and acceptance of independent audit report for the year ended December 31, 2009-Burton McCumber & Cortez, L.L.P.
19.
Precinct #3 - Comm. Flores:
A.
Discussion and approval of accepting participation from Ram Investments, DBA Eldorado Acres RV Park, (Mr. Rick Martin), the amount of $24,198.20 for road improvement of Eldorado Acres.
20.
Budget & Management - Raul Silguero Jr.:
A.
Pct. #4 R & B (1200):
1. Approval of Certification of Revenues as certified by the County Auditor for Miscellaneous Revenues - Hurricane Dolly FEMA reclassifications.
2. Approval of 2010 appropriation of funds into Precinct No. 4 P/U Rd (program no. 007) in the amount of $220,482.15 (Hurricane Dolly FEMA reclassifications).
3. Approval of Certification of Revenues as certified by the County Auditor Miscellaneous Revenues - Drainage Improvement Projects Pct# 4.
4. Approval of 2010 appropriation of funds into Precinct No. 4 P/U Rd (program no. 007) in the amount of $37,821.22 (Drainage Improvement Projects Pct#4).
1. Approval of Certification of Revenues as certified by the County Auditor for Miscellaneous Revenues - Hurricane Dolly FEMA reclassifications.
2. Approval of 2010 appropriation of funds into Precinct No. 4 P/U Rd (program no. 007) in the amount of $220,482.15 (Hurricane Dolly FEMA reclassifications).
3. Approval of Certification of Revenues as certified by the County Auditor Miscellaneous Revenues - Drainage Improvement Projects Pct# 4.
4. Approval of 2010 appropriation of funds into Precinct No. 4 P/U Rd (program no. 007) in the amount of $37,821.22 (Drainage Improvement Projects Pct#4).
B.
Budget Appropriations:
1.
Pct. #1 R & B (1200):
Approval of 2010 appropriation of funds for Pct. 1 P/U Rd (fund 1200, program #005) in the amount of $88,453.10 to fund gasoline expenditures.
Approval of 2010 appropriation of funds for Pct. 1 P/U Rd (fund 1200, program #005) in the amount of $88,453.10 to fund gasoline expenditures.
2.
Courthouse Security (1241):
Approval of 2010 appropriation of funds for Courthouse Security in the total amount of $3,560.00.
Approval of 2010 appropriation of funds for Courthouse Security in the total amount of $3,560.00.
3.
Pct. #1 Parks (1100):
Approval of 2010 appropriation of funds for Pct. 1 Parks (1100) in the amount of $85,000.00 to fund various operating expenditures.
Approval of 2010 appropriation of funds for Pct. 1 Parks (1100) in the amount of $85,000.00 to fund various operating expenditures.
21.
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.
Approval of Request for Payment-Invoice No. 018804 in the amount of $29,030.00 submitted by Valtex Insulation, Co., awarded contractor for "Hidalgo County -Doors and Frames for Old Administration Building 3rd Floor Renovations" - (Contract #10-020A-04-20).
5.
a. Requesting approval of Amendment No. 3 to current contract between Hidalgo County and Easy Access, Inc. (C-09-040-09-22) to incorporate and reference original Exhibits of procurement packet for "Credit Card Payment Services";
b. Authority to exercise the one (1) year term extension between Hidalgo County and Easy Access, Inc. for "Credit Card Payment Services". C-09-040-09-22, effective date: January 01, 2011.
b. Authority to exercise the one (1) year term extension between Hidalgo County and Easy Access, Inc. for "Credit Card Payment Services". C-09-040-09-22, effective date: January 01, 2011.
6.
Approval of an "Amendment" to Task Order No. 2010-1 with Beck Disaster Recovery, Inc. (approved by CC-07/27/10)to include the additional services as authorized by FEMA. Services to be provided under Task Order shall be in accordance with the terms and conditions of the Cooperative Purchasing Agreement between Beck Disaster Recovery, Inc. and Hidalgo County.
B.
Pct. 1
1.
Authority to purchase heavy machinery and/or equipment detailed herein from the following awarded vendor through Hidalgo County's participation/membership with TASB Buyboard Contract #292-08:
a. One (1) 6330 JD Standard Cab with a HX15 Rot Cut 540 mower - $58,496.62;
b. One (1) 7130 JD Standard Cab including: 28' Diamond Boom Mower & Accessories needed- $ 102,579.58
a combined total of $161,076.20 (which includes pricing, delivery, TASB fees & warranty under-Project #2010-329-OGG.
a. One (1) 6330 JD Standard Cab with a HX15 Rot Cut 540 mower - $58,496.62;
b. One (1) 7130 JD Standard Cab including: 28' Diamond Boom Mower & Accessories needed- $ 102,579.58
a combined total of $161,076.20 (which includes pricing, delivery, TASB fees & warranty under-Project #2010-329-OGG.
2.
a. Approval to exercise the thirty (30) day written notice of termination (a provided in Article 14, Page 4 of 8 of agreement) of Contract No. C-10-009A-04-13-Javier Garza, dba, International Materials for "Hauling Services For All Road Materials" for Precinct No. 1; and
b. Approval to award to the next low bidder Universal Truckers, Inc. (with a current Contract #C-10-009-04-13) meeting all specifications/requirements for the "Hauling Services For For All Road Materials" for Precinct No. 1(this project was a multiple award-approved by CC-04/13/10).
b. Approval to award to the next low bidder Universal Truckers, Inc. (with a current Contract #C-10-009-04-13) meeting all specifications/requirements for the "Hauling Services For For All Road Materials" for Precinct No. 1(this project was a multiple award-approved by CC-04/13/10).
C.
Pct. 2
1.
Discussion, consideration and action including, but not limited to, the following items in connection with Interlocal Cooperation Agreements for Cesar Chavez Drainage, Minnesota Drain and El Gato Road Improvement Projects:
a. Approval of "Order to Rescind Action" taken by CC-6/01/2010 #22/B/1/AI-21391 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 City of Alamo for Cesar Chavez Drainage Improvement Project located in the vicinity of Sioux, Alamo and Cesar Chavez Roads;
d. Approval to rescind action taken by CC-8/03/2010 #24/B/5/AI-22294 an Interlocal Cooperation Agreement between Hidalgo County and the City of San Juan in connection with the Minnesota Drainage Improvement Project;
e. Approval of Interlocal Cooperation Agreement Project, aka, Exhibit "C" - by Raul Longoria Road on the west, Nolana Loop on the south, Owassa Road on the north and Cesar Chavez of the east, aka, Minnesota Drainage Improvement Project;
f. Approval of Interlocal Cooperation Agreement between Hidalgo County and the City of San Juan in connection with Minnesota Road Improvement Project;
g. Approval of Interlocal Cooperation Agreement Project, aka, Exhibit "C" - El Gato Road from Tower to Alamo Roads Improvements;
h. Approval of Interlocal Cooperation Agreement between Hidalgo County, City of Alamo, and PSJA ISD in connection with road improvements to El Gato Road from Tower to Alamo Road.
a. Approval of "Order to Rescind Action" taken by CC-6/01/2010 #22/B/1/AI-21391 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 City of Alamo for Cesar Chavez Drainage Improvement Project located in the vicinity of Sioux, Alamo and Cesar Chavez Roads;
d. Approval to rescind action taken by CC-8/03/2010 #24/B/5/AI-22294 an Interlocal Cooperation Agreement between Hidalgo County and the City of San Juan in connection with the Minnesota Drainage Improvement Project;
e. Approval of Interlocal Cooperation Agreement Project, aka, Exhibit "C" - by Raul Longoria Road on the west, Nolana Loop on the south, Owassa Road on the north and Cesar Chavez of the east, aka, Minnesota Drainage Improvement Project;
f. Approval of Interlocal Cooperation Agreement between Hidalgo County and the City of San Juan in connection with Minnesota Road Improvement Project;
g. Approval of Interlocal Cooperation Agreement Project, aka, Exhibit "C" - El Gato Road from Tower to Alamo Roads Improvements;
h. Approval of Interlocal Cooperation Agreement between Hidalgo County, City of Alamo, and PSJA ISD in connection with road improvements to El Gato Road from Tower to Alamo Road.
D.
Health & Human Services Dept.
1.
Approval of Request for Payment for Invoice No. 0909306 (McAllen Clinic Renovation) in the amount of $91,214.12 submitted by CAS Companies, L.P., contractor for Hidalgo County Health and Human Services "Renovation of Clinics" (Purchase Order No. 617913, Project No. 2008-221A-MSS).
E.
Colonia Access Program Pct. 1
1.
Approval of Application for Payment No. 3- Final in the amount of $1,807.20 from Asago Construction contracted vendor for Chapa North & South Subdivisions as reviewed and submitted by project engineer, TEDSI Infrastructure Group, Inc.-(C-CAP-09-416-11-24).
F.
Colonia Access Program Pct. 2
1.
Applicable action on a recommendation by project engineer, R. Gutierrez Engineering to award to the lowest bidder meeting all specifications: OG Construction Company, LLC in the amount of $134,923.00 for Bid No. CAP-10-189-08-25-YSI "Road & Drainage Construction for McColl Estates Subdivision.
G.
Sheriff's Office
1.
a. Approval of an Amendment to Lease Agreement #C-07-281-09-25 with O. E. Investments, Inc. for the "LEASE OF TOWER SPACE" for Hidalgo County Sheriff's Office (approved by CC-09/25/07);
b. Requesting authority to exercise the Sixty (60) Day grace period extension, as provided in the current contract for: "LEASE OF TOWER SPACE" for the Hidalgo County Sheriff's Office, under the same rates, terms and conditions with O.E. INVESTMENTS, INC., effective 10/01/10 - 11/29/10 so as to have no lapse in service while the procurement process is completed.
b. Requesting authority to exercise the Sixty (60) Day grace period extension, as provided in the current contract for: "LEASE OF TOWER SPACE" for the Hidalgo County Sheriff's Office, under the same rates, terms and conditions with O.E. INVESTMENTS, INC., effective 10/01/10 - 11/29/10 so as to have no lapse in service while the procurement process is completed.
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)
22.
Adjourn