CC REGULAR
HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
COMMISSIONERS' COURT MEETING
April 12, 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 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.
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.
Approval to accept a settlement check from Chubb Group Insurance Company in the amount of $96.78 for damages sustained by water leak at County building. (Precinct 3)
C.
Approval to accept a settlement check from American Electric Power Company in the amount of $4,874.12 to settle auto accident with County vehicle. (Planning Dept.)
D.
Approval to accept settlement check from Endeavor General Insurance Agency in the amount of $405.40 to settle auto accident with County vehicle. (Sheriff Office)
E.
Discussion, consideration and approval of General Fund Management Agreement between the County of Hidalgo and Valley Initiative for Development and Advancement (VIDA) for the period of 3/25/11 to 3/24/12 (not to exceed $250,00.00).
F.
Requesting approval to reimburse employee Tomas Salazar #000124 for the purchase of fuel for the 2008 Ford F-150 (County Vehicle) Vin# 1FTRX12W28FB16688, LP 33SWF7 in the amount of $52.01 from Stripes.
G.
Approval of Proclamation Recognizing April 2011 as National County Government Month - "Serving Our Veterans, Armed Forces and Their Families."
H.
Executive Office (1100):
Approval of travel reimbursement for Antonio A. Pena, Jr. in the amount of $ 575.45 for expenses incurred on 2/7/11-2/8/11 while attending Texas Public Works Association Short Course - Recognition Ceremony in Killeen, Texas with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor
Approval of travel reimbursement for Antonio A. Pena, Jr. in the amount of $ 575.45 for expenses incurred on 2/7/11-2/8/11 while attending Texas Public Works Association Short Course - Recognition Ceremony in Killeen, Texas with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor
I.
Approval of Resolution Honoring the Hidalgo County Community Service Agency for its Certificate of Recognition Awarded by the Texas Department of Housing and Community Affairs
7.
Constables:
A.
Constable Pct. #1 LEOSE (1220):
1. Approval of certification of revenues, as certified by the County Auditor, for the 2011 LEOSE (Peace Officer Allocation) funds award received from the Texas Comptroller of Public Accounts office.
2. Approval of 2011 appropriation of funds for the Constable Precinct 1 - LEOSE (1220) in the amount of $1,299.80 and 2010 LEOSE interest earned in the amount of $4.49 for a total amount of $1,304.29.
1. Approval of certification of revenues, as certified by the County Auditor, for the 2011 LEOSE (Peace Officer Allocation) funds award received from the Texas Comptroller of Public Accounts office.
2. Approval of 2011 appropriation of funds for the Constable Precinct 1 - LEOSE (1220) in the amount of $1,299.80 and 2010 LEOSE interest earned in the amount of $4.49 for a total amount of $1,304.29.
8.
County Judge's Office:
A.
Discussion, consideration, and possible action regarding nominations to the Rio Grande Regional Water Planning Group.
9.
Sheriff's Office - Chief Martinez:
A.
1. Approval of Certification of Revenues as certified by the County Auditor for additional funds for the Local Border Security Program (CJD) Grant.
2. Approval of appropriation of additional funds of $25,000.00 for the Local Border Security Program (LBSP) Grant.
2. Approval of appropriation of additional funds of $25,000.00 for the Local Border Security Program (LBSP) Grant.
B.
Authorization and Approval to apply for the BJA FY11 Smart Policing Initiative Grant with the Bureau of Justice Assistance
10.
Health & Human Services Department - Eddie Olivarez:
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
B.
Requesting approval to accept the Memorandum of Understanding between Hidalgo County Health & Human Services and the University of Texas Health Science Center at San Antonio for the CDC sponsored Tuberculosis Trials Consortium research studies.
C.
Requesting authorization to submit the Texas Department of State Health Services Contractor's Request for Revision. The purpose of this change request is to comply with TDSHS's policy regarding obtaining prior approval to purchase any equipment item. This CRR is related to Hidalgo County's TB Prevention & Control grant contract #2011-035282-001.
D.
Requesting authorization to accept the attached RLSS/LPHS grant contract #2011-035550, Amendment 001A. The purpose of this Amendment is to reallocate funds between budget categories to maximize use of the grant funds. The total contract amount of $126,424.00 remains unchanged. The Amendment No. 001A is effective March 24, 2011.
11.
Planning Department - Raul Sesin:
A.
1. Preliminary Approval:
a. Eduardo's No. 10 Subdivision – Pct. 3 (Aniceto Izaguirre)
2. Final Approval:
a. Palmito Estates Unit I Subdivision – Pct 4 (Kyndel Bennett)
b. Palmito Estates Unit II Subdivision – Pct. 4 (Kyndel Bennett)
a. Eduardo's No. 10 Subdivision – Pct. 3 (Aniceto Izaguirre)
2. Final Approval:
a. Palmito Estates Unit I Subdivision – Pct 4 (Kyndel Bennett)
b. Palmito Estates Unit II Subdivision – Pct. 4 (Kyndel Bennett)
12.
Emergency Management - Oscar Montoya:
A.
Discussion, consideration, and approval of Memorandum of Understanding between the County of Hidalgo and the South Texas Chapter of the American Red Cross.
13.
Urban County - Diana Serna:
A.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional services.
2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) engineering firms from the County's approved "pool" as graded and evaluated by Hidalgo County Precinct No. 4, Urban County Program and Hidalgo County Purchasing Department in connection with and funded through Hidalgo County Urban County Program Year 23 (2010) Precinct No. 4, Parks, Recreational Facilities.
3. Authority to negotiate a professional service contract with the No. 1 ranked firm _______________________ for an Urban County Program – Hidalgo County Precinct No. 4, Parks, Recreational Facilities.
2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) engineering firms from the County's approved "pool" as graded and evaluated by Hidalgo County Precinct No. 4, Urban County Program and Hidalgo County Purchasing Department in connection with and funded through Hidalgo County Urban County Program Year 23 (2010) Precinct No. 4, Parks, Recreational Facilities.
| FIRM |
GRADE
|
RANK
|
R. Gutierrez Engineering Corporation |
95.33%
|
|
| Noe Garza Engineers, Inc. |
94% |
|
| TEDSI Infrastructure Group |
88.33% |
3. Authority to negotiate a professional service contract with the No. 1 ranked firm _______________________ for an Urban County Program – Hidalgo County Precinct No. 4, Parks, Recreational Facilities.
B.
Urban County Program is requesting approval of a program amendment for the City of Elsa, Urban County Program Year 22 (2009). The amendment will include a new parks recreational facility line item.
C.
1. Urban County Program on behalf of the City of Progreso is requesting waiver of technicality on non-acknowledgement of receipt of Addendum #1 by apparent low bidder in-as-such as it is in the best interest of the City of Progreso and the Urban County Program to do so.
2. Consideration and action to award and enter into a Construction Contract with O.G. Construction Company, LLC (lowest bidder meeting all specifications and/or requirements) for the Street Improvements project located in the City of Progreso, Texas in the amount of $118,049.75 utilizing Year 23 (2010) Street Improvement funds.
2. Consideration and action to award and enter into a Construction Contract with O.G. Construction Company, LLC (lowest bidder meeting all specifications and/or requirements) for the Street Improvements project located in the City of Progreso, Texas in the amount of $118,049.75 utilizing Year 23 (2010) Street Improvement funds.
D.
The Urban County Program is requesting the award of bids and approval of contracts for the demolition and reconstruction of the following:
1. (2) Units in the City of Mercedes and (1) unit in the Countywide area in the amount of $132,779.99 to De Leon Construction.
2. (1) Unit in the City of La Villa, (1) unit in the City of Elsa and (1) unit in the Countywide area in the amount of $129,170.00 to G & G Contactors.
1. (2) Units in the City of Mercedes and (1) unit in the Countywide area in the amount of $132,779.99 to De Leon Construction.
2. (1) Unit in the City of La Villa, (1) unit in the City of Elsa and (1) unit in the Countywide area in the amount of $129,170.00 to G & G Contactors.
E.
Urban County Program for Precinct No. 2 is requesting consideration and action to award and enter into a construction contract with IOC Company, LLC. (lowest bidder meeting all specifications and/or requirements) for the Texas Department of Rural Affairs (TDRA) street improvements project located in Precinct No. 2 in the amount of $1,022,122.60. The project consists of street improvements within Precinct No. 2 which includes: Cesar Chavez, Eldora, Minnesota and Moore Roads.
F.
The Urban County Program is requesting approval of a best and final negotiated contract with Alcocer Garcia Associates Design Company, in the amount of $32,559.00, utilizing Year 19 (2006) funds for architectural services for Public Facility Improvements which entails development and construction of a public library for the City of La Joya.
14.
Elections Administration - Yvonne Ramon:
A.
Approval of Full Contract for Election Services between Hidalgo County and Progreso Independent School District for their election to be held on May 14, 2011
B.
Approval of Contract for Lease Election Services between Hidalgo County and the City of Edcouch for their election to be held on May 14, 2011
C.
Approval of Full Contract for Election Services between Hidalgo County and the City of Sullivan for their election to be held on May 14, 2011
D.
Approval of Full Contract for Election Services between Hidalgo County and the City of Progreso for their election to be held on May 14, 2011
15.
Head Start Program - Teresa Flores:
A.
Proclamation for Week of the Young Child
B.
Week of the Young Child Celebration - April 18th-21st, 2011
16.
Right of Way - Joe Pena:
A.
Consideration and approval to purchase a certain tract of land described as Parcel # 8-A LJ Drainage Project.
17.
Precinct #1 - Comm. Quintanilla:
A.
Discussion, consideration and action for approval on Interlocal Agreement between Hidalgo County and Hidalgo & Cameron Counties Irrigation District #9.
18.
Precinct #2 - Comm. H. Palacios:
A.
Approval of re-appointment of Michael Cano to the Regional Mobility Authority Board
B.
Authorization for County Judge to sign "Right of Way Acquisition Statement", Right of Way Encroachment Statement", "Relocation and Advisory Assistance Statement", and "Utility Adjustment Statement" as part of the McColl Road project documentation - (CSJ: 0921-02-171 from Dicker Rd. to Orangewood Drive)
19.
Precinct #3 - Comm. Flores:
A.
Requesting approval of Interlocal Cooperation Agreement between the County of Hidalgo and the Agua Special Utility District.
20.
Budget & Management - Raul Silguero Jr.:
A.
Approval and concurrence of the Plans of Proposed State Highway Improvement for FM 1427 (CSJ:0862-02-018), US 281 (CSJ:0255-07-123), and US 281 (Military Highway) (CSJ:0220-01-030).
B.
Road & Bridge (fund 1200):
1. Approval to make account description and deactivation changes to Road & Bridge accounts (Fund 1200).
2. Approval of 2011 interdepartmental/interfund transfers.
1. Approval to make account description and deactivation changes to Road & Bridge accounts (Fund 1200).
2. Approval of 2011 interdepartmental/interfund transfers.
C.
Emergency Management/Fire Marshal (1100):
1. Approval to make account number and description changes to the Emergency Management and Fire Marshal departments as follows:
2. Approval of interdepartmental transfer.
3. Approval of revised salary schedules.
1. Approval to make account number and description changes to the Emergency Management and Fire Marshal departments as follows:
|
Current Account Number |
Current Account Name |
Proposed Account Number |
Proposed Account Name |
|
1100-429-00-300-023-0
|
Emergency Services-EM
|
1100-429-00-110-075-0
|
Emergency Management
|
|
1100-422-10-300-001-0
|
Emergency Services-FM
|
1100-422-10-300-001-0
(No change in acct #) |
Fire Marshal
|
2. Approval of interdepartmental transfer.
3. Approval of revised salary schedules.
D.
Budget Appropriations:
1.
Pct. #1 Rd. Adm. & P/U Rd (1200):
Approval of 2011 appropriation of funds for Pct. 1 Rd. Adm. (pgm 004) & P/U Rd (pgm 005) in the amount of $121,700.00 to fund various operating expenditures.
Approval of 2011 appropriation of funds for Pct. 1 Rd. Adm. (pgm 004) & P/U Rd (pgm 005) in the amount of $121,700.00 to fund various operating expenditures.
2.
Pct. #4 R&B (1200):
Approval of 2011 appropriation of funds into Precinct 4 Drainage Improvement Project (program 036) in the total amount of $231,403.76.
Approval of 2011 appropriation of funds into Precinct 4 Drainage Improvement Project (program 036) in the total amount of $231,403.76.
E.
Salary Schedule Changes:
1.
County Judges (1100):
a. Approval of clarification of the annual salary for the following positions previously approved by Commissioners' Court on 02/14/11 (REF: AI 25206/ 7.A.).
b. Approval of revised salary schedule.
a. Approval of clarification of the annual salary for the following positions previously approved by Commissioners' Court on 02/14/11 (REF: AI 25206/ 7.A.).
|
Action |
Slot. No. |
Employment Status |
Position Title |
Previously Approved |
Budgeted Salary/ Rate of Pay (Clarification) |
|
Create
|
0033
|
Part-Time
|
Administrative Aide II
|
$17,500.00 pr yr/
$8.4134 pr hr |
$35,000.00 pr yr/
$17,500.00 part-time $16.8269 pr hr |
|
Create
|
0034
|
Part-Time
|
Administrative Aide II
|
$17,500.00 pr yr/
$8.4134 pr hr |
$35,000.00 pr yr/
$17,500.00 part-time $16.8269 pr hr |
b. Approval of revised salary schedule.
2.
Facilities Management (1100):
1. Approval of the following personnel actions:
1. Approval of the following personnel actions:
|
Action
|
Slot No.
|
Position Title
|
Grade & Step
|
Salary
|
|
Create
|
0109
|
Custodian I
|
1, 1
|
$18,564.00
|
|
Create
|
0110
|
Maintenance I
|
1, 1
|
$18,564.00
|
2. Approval of interdepartmental transfer.
3. Approval of revised salary schedule.
3.
Pct. 3 P/U Rd (1200):
1. Approval to create one (1) full-time Maintenance II position, slot no. 0078, budgeted salary $32,000.00.
2. Approval of revised salary schedule.
1. Approval to create one (1) full-time Maintenance II position, slot no. 0078, budgeted salary $32,000.00.
2. Approval of revised salary schedule.
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.
a. Approval to execute a professional engineer contract/agreement for the provision of traffic engineering and general engineering services for, "On Call Services-MPO and HCRMA , Traffic Studies," with L&G Consulting Engineering, as authorized & approved for negotiations by CC on 1-25-11;
b. Acceptance and approval of Work Authorization No. 1 as submitted by project engineer, L&G Consulting Engineering , for "Representing the County at MPO/HCRMA Technical Committee Meetings."
b. Acceptance and approval of Work Authorization No. 1 as submitted by project engineer, L&G Consulting Engineering , for "Representing the County at MPO/HCRMA Technical Committee Meetings."
5.
Recommending award of bid and approval of contract to sole bidder meeting all specifications/requirements attached hereto for Hidalgo County(All Funding Sources)-"Hot Mix Cold Laid Road Material" RFB NO.: 2011-005-03-09-SGS.
6.
Recommendation to reject all bids received for Hidalgo County's Department of Health & Human Services-" Purchase of One (1) New Mobile Health Unit" through-RFB No. 2011-020-03-16-MEG as bidders did not meet specifications and/or requirements.
B.
Pct. 1
1.
Consideration and approval of the following items in connection to Contract #C-10-235-07-20-Professional Engineering Services for "Mile 17 North between FM 1015 & Mile 5 West" with J. E. Saenz & Associates, Inc. as follow:
a. Rescind action taken by Commissioners Court on Agenda Item #23813 dated November 9, 2010 for authority to advertise "Construction Of Phase I Of Mile 17 Road From FM 1015 West To Mile 4 (Yellow Jacket Drive); and
b. Authority to exercise thirty (30) day Notice of Termination to J. E. Saenz & Associates Inc. as provided under Contract #C-10-235-07-20 (Pg. 3, Art. #3, more specifically Sect. 3.4-Termination of Agreement-#5) in connection with: "Mile 17 North between FM 1015 & Mile 5 West" for the remaining Phases II and III only inasmuchas Phase I has been initiated;
c. Authority for Hidalgo County Precinct No. 1 to issue payments (if applicable) in connection to services rendered under Phase I pursuant to payment procedures.
a. Rescind action taken by Commissioners Court on Agenda Item #23813 dated November 9, 2010 for authority to advertise "Construction Of Phase I Of Mile 17 Road From FM 1015 West To Mile 4 (Yellow Jacket Drive); and
b. Authority to exercise thirty (30) day Notice of Termination to J. E. Saenz & Associates Inc. as provided under Contract #C-10-235-07-20 (Pg. 3, Art. #3, more specifically Sect. 3.4-Termination of Agreement-#5) in connection with: "Mile 17 North between FM 1015 & Mile 5 West" for the remaining Phases II and III only inasmuchas Phase I has been initiated;
c. Authority for Hidalgo County Precinct No. 1 to issue payments (if applicable) in connection to services rendered under Phase I pursuant to payment procedures.
C.
Pct. 2
1.
Acceptance and approval to execute an "On Call" professional engineering services contract with Raba Kistner Consultants Inc. for, "Construction Material Testing for All Projects" for Precinct No. 2 as approved for negotiations on CC 03/22/11-C-11-110-04-12.
D.
Pct. 4
1.
Requesting approval of a professional engineering services agreement with L&G ENGINEERNG LABORATORY, LLC d/b/a L&G ENGINEERS, INC. for the purposes of "Construction Material Testing" in connection to the "HIDALGO COUNTY PRECINCT NO. 4 PROJECTS" (on an as needed basis).
E.
County Clerk
1.
Requesting approval to enter into an Interlocal Agreement between the Texas Department of Public Safety ("TDPS") and Hidalgo County to provide information necessary to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to pay or satisfy a judgment ordering payment of a fine and cost in the manner ordered by the court in a matter involving any offense that a court has jurisdiction of under Chapter 4, Code of Criminal Procedure.
22.
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.
Claim of AT&T
E.
Claim of AT&T
F.
Claim of AT&T
G.
Claim of Yvonne Gaytan
H.
Claim of Joanne Keyser
I.
Case No. 7:08-CV-265; USA v. 1.03 acres of land, more or less, situated in Hidalgo County, State of Texas, and L.J.&J. Family Limited Partnership, et al
23.
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.
Claim of AT&T
E.
Claim of AT&T
F.
Claim of AT&T
G.
Claim of Yvonne Gaytan
H.
Claim of Joanne Keyser
I.
Case No. 7:08-CV-265; USA v. 1.03 acres of land, more or less, situated in Hidalgo County, State of Texas, and L.J.&J. Family Limited Partnership, et al
24.
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
25.
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
26.
Adjourn