CC REGULAR
HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
COMMISSIONERS' COURT MEETING
January 11, 2011
9:30 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 Commisioners' 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.
Cause No. C-3123-03-I; Hidalgo County, Texas v. Landmark Organization, L.P. et al
C.
Pending and/or potential litigation
D.
C-194-09-F; La Joya ISD v. Hidalgo County
E.
C-3911-10-D; Oscar Pizanno v. County of Hidalgo, et al
F.
Attorney Consultation regarding C-1135-10-G; Jose Luis Salas, et al v. County of Hidalgo
G.
Cause No.: C-223-10-H; Samuel Zuniga v. County of Hidalgo
7.
Open Session:
A.
Real Estate Acquisition and appropriation for same
B.
Cause No. C-3123-03-I; Hidalgo County, Texas v. Landmark Organization, L.P. et al
C.
Pending and/or potential litigation
D.
C-194-09-F; La Joya ISD v. Hidalgo County
E.
C-3911-10-D; Oscar Pizanno v. County of Hidalgo, et al
F.
Attorney Consultation regarding C-1135-10-G; Jose Luis Salas, et al v. County of Hidalgo
G.
Cause No.: C-223-10-H; Samuel Zuniga v. County of Hidalgo
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.
Public Defenders:
Discussion, consideration, and approval on request for internship at the Public Defender's Office for the period of January - May 2011.
Discussion, consideration, and approval on request for internship at the Public Defender's Office for the period of January - May 2011.
C.
Approval of Field Agreement among USDA, Animal and Plant Health Inspection Service, Wildlife Services and Texas AgriLife Extension Service-Wildlife Services and Texas Wildlife Damage Management Association, Inc. and Hidalgo County
11.
County Judge's Office:
A.
Presentation on the City of Edinburg Downtown Master Plan.
B.
Discussion on the 77th Annual South Texas County Judges and Commissioners Association Annual Conference to be held June 6-9, 2011 at the McAllen Convention Center
12.
County Clerk's Office - Arturo Guajardo, Jr.:
A.
Approval of 2011 Elected Official Bonds.
13.
Sheriff's Office - Chief Martinez:
A.
Approval to appropriate $2,000.00 from the December 31, 2010 Fund Balance (unreserved) in the Sheriff's Investigation Fund 1227 - HB 65 for the year 2011.
B.
Approval to appropriate $118,159.24 from the December 31, 2010 Fund Balance (unreserved) in the Sheriff's Federal Sharing - U.S. Department of Justice Fund 1229 for the year 2011.
C.
Approval to appropriate $231,000.00 from the December 31, 2010 Fund Balance (unreserved) in the Sheriff's Federal Sharing - U.S. Department of Treasury Fund 1228 for the year 2011.
14.
Health & Human Services Department - Eddie Olivarez:
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
15.
Emergency Services Division - Tony Pena:
A.
Pursuant to fuel policy, requesting approval to reimburse Rolando Benavidez for the purchase of fuel for county vehicle in the amount of $25.00.
16.
Facilities Management:
A.
Pursuant to fuel policy, requesting approval to reimburse Jose Chavarria for the purchase of fuel for the Facilities Management department in the amount of $58.25 with authority for County Treasurer to issue payment/check after Auditors processing procedures are completed.
17.
HIDTA - Task Force - Dora Munoz:
A.
Approval to transfer a CelleBrite UME-36 Pro from FBI-McAllen RA, Squad C-5 (South Texas HIDTA) to the Hidalgo County HIDTA Task Force
18.
Urban County - Diana Serna:
A.
Requesting approval of a Program Amendment for the City of Alton existing work plan for Urban County Program Year 23 (2010). The amendment will delete the streets that have been previously completed with Urban County Program funds and other funding sources and will add new streets to the work plan.
B.
Urban County Program for Hidalgo County Precinct No. 1 is requesting consideration and action to award and enter into construction contract with Saenz Utility Contractors, LTD. (lowest bidder meeting all specifications and/or requirements) for the HUD CDBG-R flood drainage improvements project. Total contract amount $532,337.90 utilizing Year 22 (2009) CDBG-R flood drainage improvement funds and Precinct No. 1 funds. The project consists of flood drainage improvements within the subdivisions of Encinal No. 2/Los Alamos and Olivarez No. 2 located in Precinct 1.
C.
Approval to appoint one (1) County Commissioner as member and one (1) County Commissioner as alternate to the Hidalgo County Urban County Advisory Board and re-appoint Commissioner Joe M. Flores as member and Commissioner Hector "Tito" Palacios as alternate.
19.
Elections Administration - Yvonne Ramon:
A.
1. Campaign Contribution Reports:
Discussion, consideration and action authorizing the Hidalgo County Elections Department to provide Campaign Contribution Reports by posting reports(PDF format) on the Elections Department website to be effective immediately.
2. Election Contracts:
Discussion, consideration and action authorizing the Hidalgo County Elections Department to offer political entities the opportunity to participate in a universal joint election. All entities that chose to participate will share a joint ballot and early voting sites. Effective immediately, the Elections Department will no longer enter into a lease agreement with political entities that require a stand-alone election.
Discussion, consideration and action authorizing the Hidalgo County Elections Department to provide Campaign Contribution Reports by posting reports(PDF format) on the Elections Department website to be effective immediately.
2. Election Contracts:
Discussion, consideration and action authorizing the Hidalgo County Elections Department to offer political entities the opportunity to participate in a universal joint election. All entities that chose to participate will share a joint ballot and early voting sites. Effective immediately, the Elections Department will no longer enter into a lease agreement with political entities that require a stand-alone election.
20.
WIC - Norma Longoria:
A.
1. Discussion, consideration, and acceptance of the Texas Pediatric Society "Be Our Voice" community project grant.
2. Approval of certification of revenues, as certified by County Auditor, for the Texas Pediatric Society "Be Our Voice" community project grant.
3. Approval of appropriation of funds for the Texas Pediatric Society "Be Our Voice" community project grant in the amount of $500.00.
2. Approval of certification of revenues, as certified by County Auditor, for the Texas Pediatric Society "Be Our Voice" community project grant.
3. Approval of appropriation of funds for the Texas Pediatric Society "Be Our Voice" community project grant in the amount of $500.00.
21.
Precinct #1 - Comm. Quintanilla:
A.
1. Approval to remove member from the Hidalgo County Subdivision Advisory Board
2. Appointment of member to the Hidalgo County Subdivision Advisory Board.
2. Appointment of member to the Hidalgo County Subdivision Advisory Board.
22.
Precinct #2 - Comm. H. Palacios:
A.
Discussion and possible action on Countywide Parks.
B.
Authorization for title reports, surveys, metes & bounds, appraisal and acquisitions of right of way on North Tower Road (Owassa Road to Minnesota Road).
C.
Discussion and approval of Cooperative Agreement for Interconnection and Parallel Operations of Distributed Generation between Magic Valley Electric Cooperation and Hidalgo County (Precinct No.2) to activate/turn on Generator for the wind turbines.
23.
Precinct #4 - Comm. J. Palacios:
A.
Authorization to enter into an Interlocal Cooperation Agreement with the City of Edinburg for the Hidalgo County Precinct 4 Faysville Drainage Improvements Project.
24.
Budget & Management - Raul Silguero Jr.:
A.
DBM (1100):
1. Approval of certification of revenues, as certified by the Co. Auditor, for FEMA Reimbursement related to Hurricane Alex.
2. Approval of appropriation of funds into Countywide Adm.-Contingency.
1. Approval of certification of revenues, as certified by the Co. Auditor, for FEMA Reimbursement related to Hurricane Alex.
2. Approval of appropriation of funds into Countywide Adm.-Contingency.
B.
2010 Salary Sweep:
Approval to transfer lapsed salaries from various departments to Co. Wide Adm.
Approval to transfer lapsed salaries from various departments to Co. Wide Adm.
C.
Salary Schedule Changes:
1.
Pct. 1 (1100 & 1200)
a. Approval to delete the following vacant full time positions:
b. Approval to create the following new full time positions:
c. Approval to adjust the salary to the following positions:
d. Approval to reclassify one (1) full-time position, slot no. 0027 from Director of Sanitation to General Foreman, from budgeted salary $41,481.00 to $55,000.00. Reviewed and recommended by the Classification Committee, as per section 3.22 of the County Civil Service Commission Rules, effective next full pay period (1/17/2011).
e. Approval of interfund/ interdepartmental transfers.
f. Approval of revised salary schedule.
a. Approval to delete the following vacant full time positions:
|
Dept. (Program)
|
Slot No.
|
Position Title
|
Budgeted Salary
|
|
R&B (121-005)
|
0001
|
Chief Administrator
|
$84,357.00
|
|
R&B (121-005)
|
0083
|
Fields Operations Director
|
$65,000.00
|
|
R&B (121-005)
|
0089
|
Chief Operations Manager
|
$84,357.00
|
|
R&B (121-005)
|
0098
|
Administrative Assistant IV
|
$39,707.00
|
|
R&B (121-005)
|
0101
|
Accountant III
|
$44,799.00
|
|
TOTAL:
|
($318,220.00)
|
b. Approval to create the following new full time positions:
|
Dept. (Program)
|
Slot No.
|
Position Title
|
Budgeted Salary
|
|
Sanitation (121-001)
|
0029
|
Director of Sanitation/ Drainage Dept.
|
$65,000.00
|
|
Parks (121-013)
|
0022
|
Director of Parks
|
$55,000.00
|
|
Rd. Admin (121-004)
|
0002
|
Director of Management Support
|
$65,000.00
|
|
Rd. Admin (121-004)
|
0003
|
Administrative Assistant IV
|
$50,000.00
|
|
Rd. Admin (121-004)
|
0004
|
Accountant I
|
$35,000.00
|
|
TOTAL:
|
$270,000.00
|
c. Approval to adjust the salary to the following positions:
|
Dept. (Program)
|
Slot No.
|
Position Title
|
Current Budgeted Salary
|
Proposed Budgeted Salary
|
Difference
|
|
R&B (121-005)
|
0091
|
Director of Road & Bridge
|
$57,555.00
|
$70,000.00
|
$12,445.00 |
|
R&B (121-005)
|
0079
|
General Foreman
|
$58,000.00
|
$55,000.00
|
($3,000.00) |
|
TOTAL:
|
$9,445.00
|
d. Approval to reclassify one (1) full-time position, slot no. 0027 from Director of Sanitation to General Foreman, from budgeted salary $41,481.00 to $55,000.00. Reviewed and recommended by the Classification Committee, as per section 3.22 of the County Civil Service Commission Rules, effective next full pay period (1/17/2011).
e. Approval of interfund/ interdepartmental transfers.
f. Approval of revised salary schedule.
2.
Pct. #4 R&B (1200) & Parks (1100):
a. Approval to remove supplemental pay for one (1) full-time Special Projects Coordinator position, slot no. 003 (R&B), supplemental pay amount $3,874.00.
b. Approval of auto allowance in the amount of $5,000.00 to slot no. 0006 (R&B), and pay allowance to employee no. 173525, effective next full pay period (01/17/2011).
c. Approval of supplemental pay in the amount of $8,723.00 to slot no. 0062 (R&B), and pay allowance to employee no. 120162, effective next full pay period (01/17/2011).
d. Approval to decrease supplemental pay for one (1) full-time Park Director position, slot no. 001 (Parks), from $8,778.00 to $3,929.00.
e. Approval of intradepartmental/ interfund transfers.
f. Approval of revised salary schedules.
a. Approval to remove supplemental pay for one (1) full-time Special Projects Coordinator position, slot no. 003 (R&B), supplemental pay amount $3,874.00.
b. Approval of auto allowance in the amount of $5,000.00 to slot no. 0006 (R&B), and pay allowance to employee no. 173525, effective next full pay period (01/17/2011).
c. Approval of supplemental pay in the amount of $8,723.00 to slot no. 0062 (R&B), and pay allowance to employee no. 120162, effective next full pay period (01/17/2011).
d. Approval to decrease supplemental pay for one (1) full-time Park Director position, slot no. 001 (Parks), from $8,778.00 to $3,929.00.
e. Approval of intradepartmental/ interfund transfers.
f. Approval of revised salary schedules.
3.
HIDTA Task Force (1291)/ Chapter 59 Asset Forfeiture (1251):
1. Approval to regrade the following full time position. Reviewed and recommended by the Classification Committee as per Section 6.29 of the Hidalgo County Personnel Handbook:
1. Approval to regrade the following full time position. Reviewed and recommended by the Classification Committee as per Section 6.29 of the Hidalgo County Personnel Handbook:
|
Program Name./ No.
|
Slot No.
|
Position Title
|
Current Grade & Step |
Proposed Grade |
|
270-003
HIDTA Task Force |
G001
|
Commander
|
G17, S4
|
G18, S4
|
|
270-011
HIDTA Chapter 59 |
G001
(Cost Allocation) |
"
|
"
|
"
|
2. Approval to create the following new full time position:
3. Approval of merit pay increase for 13 full time positions in the HIDTA department pursuant to the Hidalgo County Classification and Compensation Pay Plan. (see attached list)
4. Approval of intradepartmental transfers.
5. Approval of revised salary schedules.
|
Program Name./ No |
Slot No.
|
Position Title
|
Proposed Grade & Step |
Salary Percent Distribution |
G&S Salary |
|
|
270-003
HIDTA Task Force |
G013
|
Assistant Commander
|
G16, S1
|
71%
|
$41,810.00
|
|
|
270-011
HIDTA Chapter 59 |
G022
(cost allocation) |
"
|
"
|
29%
|
$17,078.00
|
|
|
Total Salary
|
$58,888.00
|
|||||
3. Approval of merit pay increase for 13 full time positions in the HIDTA department pursuant to the Hidalgo County Classification and Compensation Pay Plan. (see attached list)
4. Approval of intradepartmental transfers.
5. Approval of revised salary schedules.
25.
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. Recommending the cancellation of the current RFB No. 2011-028-01-12-SGS-Purchase Of Welding Supplies And Related Services as we have received last minute requests to modify specifications with authority to re-advertise the new project packet; and
b. Approval of the sixty (60) day grace period extension as provided under contract with Airgas Inc., dba, Airgas Southwest, Inc.-Contract #C-09-016-03-03 and Weldinghouse, Inc.-Contract #C-09-016A-03-03 so as to have no lapse in services while procurement process is completed.
b. Approval of the sixty (60) day grace period extension as provided under contract with Airgas Inc., dba, Airgas Southwest, Inc.-Contract #C-09-016-03-03 and Weldinghouse, Inc.-Contract #C-09-016A-03-03 so as to have no lapse in services while procurement process is completed.
5.
Recommending award of bid and approval of contract document to vendor meeting all specifications and/or requirements as attached hereto for "Hidalgo County Facilities Management-"Carpentry, Construction and Building Materials & Supplies" RFB No. 2010-215-10-20-MEG.
6.
Acceptance and approval of request for payment of Invoice #0119455 in the amount of $9,117.50 for the period of August 7th thru October 15, 2010 for program management services submitted by Beck Disaster Recovery Services, contracted consultant, in connection with services rendered due to TS/Hurricane Alex related flooding.
7.
Acceptance and approval of final negotiated agreement/letter of engagement for "Consulting Services for Civil Service Commission for Hidalgo County with Espinosa Law Firm.
B.
Pct. 1
1.
Consideration and approval to rescind the following actions taken by Commissioners Court for Professional Engineering Services due to unavailability of funds for said projects in Hidalgo County Precinct No. 1;
a. CC-02-16-10-AI#19936-Mile 1 East Project- with approved engineer "Guzman & Munoz Engineering and Surveying, Inc.";
b. CC-03-02-10-AI#20103-Mile 2 1/2 East between Miles 8 & 9 Project with engineer "Sames Engineering"; and,
c. CC-03-02-10-AI#20106-Mile 15 East of FM 493 Project with approved engineer "Sames Engineering".
a. CC-02-16-10-AI#19936-Mile 1 East Project- with approved engineer "Guzman & Munoz Engineering and Surveying, Inc.";
b. CC-03-02-10-AI#20103-Mile 2 1/2 East between Miles 8 & 9 Project with engineer "Sames Engineering"; and,
c. CC-03-02-10-AI#20106-Mile 15 East of FM 493 Project with approved engineer "Sames Engineering".
C.
Pct. 2
1.
Recommending to reject all bids received for the following two Hidalgo County Precinct No. 2 projects with authority to re-advertise projects with modified plans and specifications developed and drafted by Mr. Raul Sesin, P.E., Hidalgo County Planning Department:
| Project No. | Project Title |
| 2010-361-11-24-MSS | Eldora Road Street and Drainage Improvements |
| 2010-362-11-24-MSS | Tower Road Phase 1 Road and Drainage Improvements |
2.
Consideration and action on a recommendation by project engineer Raul E. Sesin, P.E., Hidalgo County Planning Department, to award to the lowest bidder meeting all specifications: Mission Paving Co., Inc. for Base Bid-$285,312.10 for Bid No. 2010-363-11-24-MSS -Hidalgo County Precinct No. 2 -"Tower Road Phase 2 -Road and Drainage Improvements".
3.
Accept and approve final negotiated "On-Call" professional appraisal services agreement on an as needed basis with Leonel Garza Jr. & Associates LLC for, "Various Projects" for Precinct No. 2 as ranked/approved for negotiations on CC 12/30/10.
4.
a. Approval of Change Order No 2 an increase of $58,831.30.00 and additional 44 days to the contract with D. Wilson Construction Co. (Contract #C-09-037-11-17) for the Construction of the New Pct 2 Administration & Other County Offices Complex" in connection with all labor, equipment and materials for the work described including, but not limited to, change requests and other items;
b. Approval and/or ratification (whichever is applicable) of Architect's Supplemental Instructions No 15 (funded from the Allowances/Contingency) in the amount of $52,979.70, to contractor D. Wilson Construction Co., in connection with the "Construction of New Pct 2 Administration & Other County Offices Complex"-C-09-037C-11-17.
b. Approval and/or ratification (whichever is applicable) of Architect's Supplemental Instructions No 15 (funded from the Allowances/Contingency) in the amount of $52,979.70, to contractor D. Wilson Construction Co., in connection with the "Construction of New Pct 2 Administration & Other County Offices Complex"-C-09-037C-11-17.
D.
Pct. 3
1.
Requesting approval of Change Order No. 1 for the deletion of four (4) Luminary Systems and addition of pole stabilization with slurry concrete as needed to address possible water table problems for the "Purchase and Installation of Solar Powered Lights for Pct. 3 Parks", an Energy Efficiency and Conservation Block Grant (EECBG) project, awarded to Facility Solutions Group through the County's participation/membership with Buy Board with authority for County Judge or Court Member to execute document.
E.
Sheriff's Office
1.
Recommending award of bid and approval of contract to lowest bidder "Tri-County Communications Ltd" meeting all specifications and and/or requirements as attached hereto for: Hidalgo County Sheriff's Office - "Repairs, Installation and Removal of Communication and Radio Tower Miscellaneous Equipment" Bid No. 2011-023-01-05-ERT.
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)
26.
Adjourn