CC REGULAR
HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
COMMISSIONERS' COURT MEETING
June 28, 2011
9:30 A.M.
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR MEETING of the Commissioners' Court will be held in the Commissioners' Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:
1.
Roll Call
2.
Pledge of Allegiance
3.
Prayer
4.
Approval of Consent Agenda
5.
Open Forum
6.
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.
1. Approval of Resolution to accept the Penitas Library into the Hidalgo County Library System
2. Approval of Library Interlocal Agreements between Hidalgo County and the following cities: Alamo, Donna, Edinburg, Elsa, Hidalgo, La Joya, McAllen, Mercedes, Mission, Penitas, Pharr, San Juan and Weslaco.
2. Approval of Library Interlocal Agreements between Hidalgo County and the following cities: Alamo, Donna, Edinburg, Elsa, Hidalgo, La Joya, McAllen, Mercedes, Mission, Penitas, Pharr, San Juan and Weslaco.
C.
Approval to submit Form 8038-CP (Return for Credit Payments for Issuers of Qualified Bonds) to the Department of the Treasury for the interest payment due August 15, 2011 on the Certificates of Obligations, Taxable Series 2009C and 2010B (Build America Bonds) with authority for Commissioners' Court Executive Officer to sign form.
D.
HIDTA - Task Force:
Approval of release and settlement agreement with Keith Weaver dba Ivan's Automotive, including a monthly payment plan of $500.00 per month to satisfy theft claim of a HIDTA motor vehicle with authority for Executive Officer to sign appropriate documents.
Approval of release and settlement agreement with Keith Weaver dba Ivan's Automotive, including a monthly payment plan of $500.00 per month to satisfy theft claim of a HIDTA motor vehicle with authority for Executive Officer to sign appropriate documents.
7.
Constables:
A.
Constable Pct. #4:
Presentation and discussion of the 2010 Racial Profiling Report as presented by the Hidalgo County Constable Precinct 4 Office, in accordance with Article 2.133 of the Texas Code of Criminal Procedure.
Presentation and discussion of the 2010 Racial Profiling Report as presented by the Hidalgo County Constable Precinct 4 Office, in accordance with Article 2.133 of the Texas Code of Criminal Procedure.
8.
County Judge's Office:
A.
Discussion, consideration, and authorization for Hidalgo County Judge Ramon Garcia to sign letter to Texas Commission on Environmental Quality (TCEQ) Executive Director, Mark R. Vickery, confirming UTW Tire Collection Services has met all legal requirements to operate a scrap tire facility in Hidalgo County.
B.
Update regarding Permitting and Planning Committee efforts to streamline permitting process for commercial development.
9.
County Clerk's Office - Arturo Guajardo, Jr.:
A.
County Clerk (1100):
1. Approval to create one (1) full time Collections Specialist II position, slot No.069, grade 7.
2. Approval of interdepartmental transfer.
3. Approval of revised salary schedule.
1. Approval to create one (1) full time Collections Specialist II position, slot No.069, grade 7.
2. Approval of interdepartmental transfer.
3. Approval of revised salary schedule.
10.
Health & Human Services Department - Eddie Olivarez:
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
11.
IT Department - Renan Ramirez:
A.
Fire Marshal:
Authorization to upgrade and to purchase wireless devices through the County's membership/participation with CONTRACT: DIR-SDD-611 (Requisition # 197314) with awarded vendor SPRINT for the following:
1. Approval of requisition # 197314 for new activation of five (5) Novatel C777 data cards with 3G Mobile Broadband Plan at $37.99/mo X 5 data plans X 6 months = $1,139.70.
2. Approval to upgrade two (2) current Novatel 727 data cards to two (2) MIFI4082 data cards with 3G Mobile Broadband Plan at $37.99/mo X 2 data plans X 6 months = $455.88.
Authorization to upgrade and to purchase wireless devices through the County's membership/participation with CONTRACT: DIR-SDD-611 (Requisition # 197314) with awarded vendor SPRINT for the following:
1. Approval of requisition # 197314 for new activation of five (5) Novatel C777 data cards with 3G Mobile Broadband Plan at $37.99/mo X 5 data plans X 6 months = $1,139.70.
2. Approval to upgrade two (2) current Novatel 727 data cards to two (2) MIFI4082 data cards with 3G Mobile Broadband Plan at $37.99/mo X 2 data plans X 6 months = $455.88.
| Qty: | Current Equipment: | New Equipment: | Equipment Cost: | Plan Description: | Monthly Plan Cost: |
| 5 | n/a | Novatel C777 | $0 | 3G Mobile Broadband Plan | $37.99 X 5 dc X 6 months = $1,139.70 |
| 2 | Novatel 727 | MIFI4082 | $0 | 3G Mobile Broadband Plan | $37.99 X 2 dc X 6 months = $455.88 |
12.
Urban County - Diana Serna:
A.
The Urban County Program is requesting the County's approval to renew an existing $500,000 Line of Credit with First National Bank of Edinburg for the Colonia Construction Grant, and payment of an origination fee of 1% which amounts to $5,000.
B.
Authorization for Hidalgo County Judge Ramon Garcia to execute the Hidalgo County Urban County Program Interlocal Agreements with (16) member City Consortium for Urban County Program Year 24 (2011).
C.
Urban County Program on behalf of the City of Penitas is requesting authorization to increase the number of calendar days to the construction contract with Total Commitment, LLC by one-hundred fifty (150) days. This will increase the total days for the Penitas Street Improvements activity on Barcelona and Espanola Heights to two-hundred forty (240).
D.
The Urban County Program requests approval of Subrecipient Agreements with the following for Program Year 24 (2011). (See attached exhibits)
| LRGVDC Foster Grandparent Program | International Valley Health Institute |
| Girls Scouts of Greater South Texas | La Union Del Pueblo Entero (LUPE) |
| Community Hope Projects, Inc. dba Hope Family Health Center | Mujeres Unidas - Women Together |
E.
The Urban County Program requests approval of Subrecipient Agreements with the following for Program Year 24 (2011). (See attached exhibits)
| Lower Rio Grande Valley Development Council - Rio Metro | San Juan Youth Program |
| Nuestra Clinica Del Valle | Senior Community Outreach Services |
| Open Hands Community Charitable Services |
F.
The Urban County Program requests approval of Subrecipient Agreements with the following for Program Year 24 (2011). (See attached exhibits)
| Mid Valley Boys & Girls Club | Easter Seals Rio Grande Valley |
| Boys & Girls Club of Pharr | Food Bank of the Rio Grande Valley |
| Children's Advocacy Center |
G.
The Urban County Program requests approval of Subrecipient Agreements with the following for Program Year 24 (2011). (See attached exhibits)
| Amigos del Valle, Inc. | Boys & Girls Club of Alamo - San Juan |
| Arise South Tower | Boys & Girls Club of Edinburg - RGV |
| CASA of Hidalgo County, Inc. |
H.
Requesting approval of a Budget and Program Amendment for the City of Edcouch Urban County Program work plans for Years 21 & 23 (2008 & 2010). The proposed City of Edcouch Year 21 (2008) Amendment will decrease the Street Improvements line item, and will increase the Water/Sewer Improvements line item and the proposed Year 23 (2010) amendment will decrease the General Administration and Parks, Recreational Facilities Activity, and will increase Flood Drainage Improvements line item.
I.
The Urban County Program is requesting the award of bids and approval of contracts for the demolition and reconstruction of the following:
1. (1) Unit in the City of Mercedes in the amount of $40,700.00 to Momentus.
2. (1) Unit in the Countywide area in the amount of $40,690.00 to G & G Contractors.
3. (1) Unit in the Countywide area in the amount of $50,990.00 to JR Limas.
4. (3) Units in the City of San Juan in the amount of $129,850.00 to Argo Construction.
1. (1) Unit in the City of Mercedes in the amount of $40,700.00 to Momentus.
2. (1) Unit in the Countywide area in the amount of $40,690.00 to G & G Contractors.
3. (1) Unit in the Countywide area in the amount of $50,990.00 to JR Limas.
4. (3) Units in the City of San Juan in the amount of $129,850.00 to Argo Construction.
J.
1. Public Hearing to consider public comments on the County of Hidalgo - Urban County Program's Budget & Program amendment for FY 24 (2011) prior to resubmission to the U.S. Department of Housing and Urban Development in San Antonio, Texas.
2. Request for approval to adopt Urban County Program Budget & Program amendment for FY24 (2011) and request authorization for County Judge to sign certification forms for resubmission of amended FY 24 (2011) Annual Action Plan.
2. Request for approval to adopt Urban County Program Budget & Program amendment for FY24 (2011) and request authorization for County Judge to sign certification forms for resubmission of amended FY 24 (2011) Annual Action Plan.
K.
Approval of an amended Resolution authorizing approval and submittal of the Urban County Program amended One Year Action Plan for Program Year 24 (2011-2012), to the Department of Housing and Urban Development (HUD), and authorizing the County Judge to sign any and all documents related to these grants.
13.
Right of Way - Joe Pena:
A.
Consideration and approval to purchase a certain tract of land described as Parcel # 2- Tower Road Project Margaret M. Jones Ward Living Trust.
B.
Authorization for surveys metes & bounds, title reports, appraisals and acquisition of additional right of way on Mile 17 North Road between FM 1015 and Mile 4 West.
C.
Consideration and approval to purchase a certain tract of land also known as Parcel 6- El Gato Road Project - Gary H. and Michael S. Palmer Co-Trustees of J. Forrest Palmer Testamentary Trust Part B.
14.
Planning Department - Raul Sesin:
A.
1. Preliminary Approval with Variance Request:
a. Palos Rojos No. 2 Subdivision – Pct. 1 (Norberto Salinas)
b. La Paloma Estates Unit 3 Subdivision – Pct. 1 (Kyndel Bennett)
c. La Paloma Estates Unit 4 Subdivision – Pct. 1 (Kyndel Bennett)
2. Preliminary Approval:
a. Santa Clara Estates Subdivision – Pct. 1 (Kyndel Bennett)
b. Cardinal Waves Subdivision – Pct. 3 (Franz Reinhold)
c. Lantana Acres No. 7 Subdivision – Pct. 4 (Richard Ruppert)
3. Final Approval:
a. J & J Estates Subdivision – Pct. 1 (Jose M Lopez)
b. Venecia Estates Subdivision – Pct. 1 (Pedro Venecia)
c. Urbina Subdivision – Pct. 4 (Rodolfo Urbina)
4. Reimbursement of Cash Deposit:
a. El Toro Acres Subdivision – Pct. 3 (Norberto Salinas)
a. Palos Rojos No. 2 Subdivision – Pct. 1 (Norberto Salinas)
b. La Paloma Estates Unit 3 Subdivision – Pct. 1 (Kyndel Bennett)
c. La Paloma Estates Unit 4 Subdivision – Pct. 1 (Kyndel Bennett)
2. Preliminary Approval:
a. Santa Clara Estates Subdivision – Pct. 1 (Kyndel Bennett)
b. Cardinal Waves Subdivision – Pct. 3 (Franz Reinhold)
c. Lantana Acres No. 7 Subdivision – Pct. 4 (Richard Ruppert)
3. Final Approval:
a. J & J Estates Subdivision – Pct. 1 (Jose M Lopez)
b. Venecia Estates Subdivision – Pct. 1 (Pedro Venecia)
c. Urbina Subdivision – Pct. 4 (Rodolfo Urbina)
4. Reimbursement of Cash Deposit:
a. El Toro Acres Subdivision – Pct. 3 (Norberto Salinas)
15.
Budget & Management - Sergio Cruz:
A.
Approval to confirm Hidalgo County Classification and Compensation Plan provisions that classified positions are approved at the Grade level and Step is determined in accordance with applicable personnel policy.
B.
Discussion, consideration, and authorization that all bank fees be charged to the County of Hidalgo General Fund for the following group accounts:
County of Hidalgo Auditor/Treasurer
County of Hidalgo District Clerk
County of Hidalgo Tax Assessor
County of Hidalgo Sheriff's Office
County of Hidalgo County Clerk
County of Hidalgo District Attorney
County of Hidalgo Auditor/Treasurer
County of Hidalgo District Clerk
County of Hidalgo Tax Assessor
County of Hidalgo Sheriff's Office
County of Hidalgo County Clerk
County of Hidalgo District Attorney
C.
Pct #4 R&B (1200):
1. Approval of Certification of Revenues as certified by the County Auditor for Paving Revenues.
2. Approval of 2011 appropriation of funds into Precinct #4 Rd. Maint. (program 007) in the amount of $109,261.49 (Escrow monies for the Carmen Avila street improvement project).
1. Approval of Certification of Revenues as certified by the County Auditor for Paving Revenues.
2. Approval of 2011 appropriation of funds into Precinct #4 Rd. Maint. (program 007) in the amount of $109,261.49 (Escrow monies for the Carmen Avila street improvement project).
D.
Edward Byrne Memorial:
1. Authorization and approval to apply for the FY 2011 Edward Byrne Memorial - Justice Assistance Grant (JAG) Program with the U.S. Department of Justice.
2. Authorization for County Judge to sign the required documents.
1. Authorization and approval to apply for the FY 2011 Edward Byrne Memorial - Justice Assistance Grant (JAG) Program with the U.S. Department of Justice.
2. Authorization for County Judge to sign the required documents.
E.
Approval to request extension of the grant period to cover to December 31, 2011 for the OJJDP FY 09 Earmarks Programs - Truancy Program Grant Award with the U.S. Department of Justice - Office of Juvenile Justice and Delinquency Prevention (OJJDP) ($300,000.00).
F.
Budget Appropriations:
1.
Pct. #2 Rd Maint. (1200):
a. Approval of 2011 appropriation of funds into Tower Road (Owassa - Sioux) Project (program 049) in the amount of $500,000.00.
b. Approval of 2011 appropriation of funds into El Dora Road (Retama-Cesar Chavez) Project (program 052) in the amount of $30,000.00.
a. Approval of 2011 appropriation of funds into Tower Road (Owassa - Sioux) Project (program 049) in the amount of $500,000.00.
b. Approval of 2011 appropriation of funds into El Dora Road (Retama-Cesar Chavez) Project (program 052) in the amount of $30,000.00.
G.
Salary Schedule Changes:
1.
County Wide:
a. Discussion, consideration, and approval to extend various temporary positions approved in 2011 as listed on the attachment.
b. Approval of intradepartmental transfer/ appropriation.
a. Discussion, consideration, and approval to extend various temporary positions approved in 2011 as listed on the attachment.
b. Approval of intradepartmental transfer/ appropriation.
16.
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.
Requesting approval of Amendment #1 to agreement #C-10-274-02-22 between Hidalgo County and Hanson Pipe & Precast, Inc. awarding Hanson Pipe & Precast as an additional awarded resource for listed items.
B.
Pct. 2
1.
a. Discussion, consideration and action on a recommendation by project engineer Raul E. Sesin, P.E., Hidalgo County Planning Department, to award to multiple lowest bidders meeting all specifications for Bid No. 2011-043-06-15-MSS -Hidalgo County Precinct No. 2 -Tower Road and Drainage Improvements, as follow:
b. Discussion, consideration and action on a recommendation by project engineer Raul E. Sesin, P.E., Hidalgo County Planning Department, to award to multiple lowest bidders meeting all specifications for Bid No. 2011-044-06-15-MSS -Hidalgo County Precinct No. 2 -Eldora Road and Drainage Improvements, as follow:
| Vendor: Saenz Utility Contractors, Ltd. | Amounts |
|
Base Bid
|
$223,262.97
|
|
Alternate 3
|
$42,550.00
|
|
Vendor Total
|
$265,812.97
|
| Vendor: Mission Paving Company, Inc. | |
|
Alternate 1
|
$225,690.90
|
|
Vendor Total
|
$225,690.90
|
| Project Total Amount: |
$491,503.87
|
b. Discussion, consideration and action on a recommendation by project engineer Raul E. Sesin, P.E., Hidalgo County Planning Department, to award to multiple lowest bidders meeting all specifications for Bid No. 2011-044-06-15-MSS -Hidalgo County Precinct No. 2 -Eldora Road and Drainage Improvements, as follow:
| Vendor: Saenz Utility Contractors, Ltd. | Amounts |
|
Base Bid
|
$151,416.05
|
|
Alternate 6
|
$26,564.00
|
|
Vendor Total
|
$177,980.05
|
| Vendor: Mission Paving Company, Inc. | |
|
Alternate 1
|
$109,514.22
|
|
Alternate 2
|
$9,741.55
|
|
Vendor Total
|
$119,255.77
|
| Project Total: |
$297,235.82
|
C.
Pct. 3
1.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service/engineering service;
b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County's approved "pool" of Engineers for Mile 2 Rd Project (Moorefield Rd. to La Homa Rd) project in precinct 3.
c. Authority for the Purchasing Department to negotiate a professional (Engineering Services) contract with the No. 1 ranked firm of ___________________________for the provision of Engineering Services for (Mile 2 Rd Project (Moorefield Rd. to La Homa Rd) project in Precinct 3 area.
b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County's approved "pool" of Engineers for Mile 2 Rd Project (Moorefield Rd. to La Homa Rd) project in precinct 3.
| Total Scores | Dannenbaum Engineering | L & G Engineering | Salinas Engineering |
| Evaluator 1 | 97 | 100 | 96 |
| Evaluator 2 | 98 | 97 | 94 |
| Scores | 195 | 197 | 190 |
| Average | 97 | 98 | 95 |
| Ranking |
c. Authority for the Purchasing Department to negotiate a professional (Engineering Services) contract with the No. 1 ranked firm of ___________________________for the provision of Engineering Services for (Mile 2 Rd Project (Moorefield Rd. to La Homa Rd) project in Precinct 3 area.
2.
Requesting acceptance and approval of invoice no. 425551/16/XV in the amount of $47,586.88 and invoice no. 425551/17/XV in the amount of $12,763.81 from contracted engineer, Dannenbaum Environmental Corporation, in connection with services outlined in Supplemental No. 4 to Work Authorization No. 1, and imposed by the Railroad Commission (as a result of major revisions requested) to meet a deadline for compliance of a Subdivision Access Road (e.i Eyhorn Subdivision No. 1 and No. 2).
17.
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-1475-11-G; Total Commitment, LLC v. Hidalgo County, et al
E.
Claim of Oscar Trevino
F.
C-11-1839-F; Jose Alfredo Gallegos v. Hidalgo County Precinct #4
G.
C-1135-10-G; Jose Luis Salas, et al v. County of Hidalgo
18.
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-1475-11-G; Total Commitment, LLC v. Hidalgo County, et al
E.
Claim of Oscar Trevino
F.
C-11-1839-F; Jose Alfredo Gallegos v. Hidalgo County Precinct #4
G.
C-1135-10-G; Jose Luis Salas, et al v. County of Hidalgo
19.
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
20.
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
21.
Adjourn