CC REGULAR
HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
COMMISSIONERS' COURT MEETING
July 5, 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.
Presentation by Shan Rankin - Museum of South Texas History
C.
Facilities Management:
Approval of request and authorization for AEP, Transmission Distribution Utility (TDU) to release minimum energy usage data, including kWh, kVA or kW, associated costs and interval data (if applicable) of county facilities to Energy Knowledge Group, LLC, State of Texas certified Aggregator No. 80074 with authority for Executive Officer to sign document
Approval of request and authorization for AEP, Transmission Distribution Utility (TDU) to release minimum energy usage data, including kWh, kVA or kW, associated costs and interval data (if applicable) of county facilities to Energy Knowledge Group, LLC, State of Texas certified Aggregator No. 80074 with authority for Executive Officer to sign document
D.
Approval to submit request for funds (unclaimed capital credits) from the Texas Comptroller of Public Accounts as authorized under Section 74.602 of the Texas Property Code, with authority for County Judge to sign the letter of request.
E.
Requesting approval to authorize Valde Guerra, Executive Officer, to sign Property Release form in order to settle claim with Endeavor General Agency regarding auto accident. (Sheriff Office)
F.
1. Approval to create the following regular full-time positions:
2. Approval of interdepartmental/ interfund transfer(s).
3. Appoval of revised salary schedules.
|
Dept.
|
Slot No. |
Position Title
|
Grade
|
Salary
|
|
Facilites Management
(220-001) |
0112
|
Clerk IV
|
07
|
$35,644.00
|
|
Facilities Management
(220-001) |
0113
|
Foreman II
|
11
|
$51,302.00
|
|
Health Dept.
(340-001) |
0048
|
Outreach Specialist II
|
06
|
$27,276.00
|
|
Agrilife Extension Services
(380-001) |
0013
|
Administrative Assistant II
|
06
|
$27,276.00
|
|
Pct. 1 Road Maintnenance
(121-005) |
0108
|
Call Center Manager
|
N/A
|
$50,000.00
|
|
Pct. 1 Road Maintnenance
(121-005) |
0109
|
Maintenance III
|
N/A
|
$38,000.00
|
|
Pct. 1 Parks
(121-013) |
0023
|
Administrative Assistant III
|
N/A
|
$36,000.00
|
2. Approval of interdepartmental/ interfund transfer(s).
3. Appoval of revised salary schedules.
7.
Constables:
A.
Constable Pct. #3:
1. Approval to accept the Tobacco Compliance Grant award from the Texas Comptroller of Public Accounts in the amount of $7,300.00 for fiscal year 2011/ 2012 (grant period: 08/01/11 to 08/31/12)
2. Approval of Certification of Revenues as certified by the County Auditor for the Tobacco Compliance Grant.
3. Approval of appropriation of funds.
1. Approval to accept the Tobacco Compliance Grant award from the Texas Comptroller of Public Accounts in the amount of $7,300.00 for fiscal year 2011/ 2012 (grant period: 08/01/11 to 08/31/12)
2. Approval of Certification of Revenues as certified by the County Auditor for the Tobacco Compliance Grant.
3. Approval of appropriation of funds.
8.
Sheriff's Office - Chief Martinez:
A.
1. Authorization and Approval to accept the Border Security Crime Reduction Operation Grant (DJ-Edward Byrne Memorial Justice Assistance Grant Program) from the Office of the Governor, Criminal Justice Division (CJD), for the Hidalgo County Sheriff's Office and Constable Precinct 3 Office in the amount of $259,104.00.
2. Approval of Certification of Revenues as certified by the County Auditor for the Border Security Crime Reduction Operation Grant.
3. Approval of Budget Amendment for $221,044.00 representing the Hidalgo County Sheriff's Office portion of the grant award.
2. Approval of Certification of Revenues as certified by the County Auditor for the Border Security Crime Reduction Operation Grant.
3. Approval of Budget Amendment for $221,044.00 representing the Hidalgo County Sheriff's Office portion of the grant award.
9.
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 acceptance and approval of a service agreement between Hidalgo County Health & Human Services and Planned Parenthood, the purpose of this agreement is to establish a referral system for family planning clients when their birth control method of choice is not available and/or provided by Hidalgo County Health & Human Services.
10.
Emergency Management - Oscar Montoya:
A.
Discussion, consideration, and approval of Interlocal Cooperation Act Agreement between the County of Hidalgo and the County of Willacy for Equipment/Service sharing.
B.
1. Authorization and approval to accept the 2009 Homeland Security Grant Program (increase) from the Texas Division of Emergency Management (TDEM) in the amount of $1,104.95
2. Approval of Certification of Revenues as certified by the County Auditor for the 2009 Homeland Security Grant Program
3. Approval of 2011 appropriation of funds for the 2009 Homeland Security Grant Program from the Texas Division of Emergency Management (TDEM) in the amount of $1,104.95
2. Approval of Certification of Revenues as certified by the County Auditor for the 2009 Homeland Security Grant Program
3. Approval of 2011 appropriation of funds for the 2009 Homeland Security Grant Program from the Texas Division of Emergency Management (TDEM) in the amount of $1,104.95
11.
Urban County - Diana Serna:
A.
Consideration and Approval of a Budget Amendment request to the Texas Department of Rural Affairs Disaster Recovery Program, Contract No. DRS010068. The proposed Budget Amendment request will consist of the following: (1) transfer funds from the Flood and Drainage Facilities budget line item in the amount of $73,701.25 to the Engineering/Architectural Services line item; additional funding is needed for the Pct. 1 Delta Outfall System Project, and (2) transfer funds from the Construction line item in the amount of $100,000.00 to the Acquisition line items; additional funding is needed for Pct. 4 Trenton Drain Project for acquisition purposes.
B.
The Urban County Program requests approval of Emergency Solutions Grant Program Subrecipient Agreements with the following for Program Year 24 (2011). (See attached exhibits)
| Advocacy Resource Center for Housing (ARCH) | Mujeres Unidas/Women Together |
| American Red Cross | |
| Catholic Charities of the RGV |
C.
Hidalgo County Urban County Program is requesting approval for the transfer of donated furniture from the Texas Department of Rural Affairs (TDRA), represented by Howard Needles Tannen Bergendoff Corporation (HNTB). A total of twenty six (26) items were donated by TDRA on June 17, 2011 to the Urban County Program. The items donated included the following: Bookcase, 5 shelf (x2), File, Lat drw (x2), return, LT 48x24 (x2), Desk, SNG, RT PED (x2), Base & Table, Conference (x1), Cabinet, Storage (x1), Table Coffee (x1), Chair, Guest w/arms (x10), Chair, High Back, Black (x2), Storage Cabinet, 72" (x1), High Lateral File Cabinet (x2). (Please see Attachments).
12.
Elections Administration - Yvonne Ramon:
A.
Discussion, consideration, and approval for Hidalgo County Elections Department to apply for the Federal Voting Assistance Program offered by the Department of Defense.
13.
Planning Department - Raul Sesin:
A.
1. Preliminary Approval with Variance Request:
a. Palos Rojos No. 2 Subdivision – Pct. 1 (Norberto Salinas)
2. Preliminary Approval:
a. Santa Clara Estates Subdivision – Pct. 1 (Kyndel Bennett)
b. Cardinal Waves Subdivision – Pct. 3 (Franz Reinhold)
3. Final Approval:
a. San Jacinto Estates No. 7 Subdivision – Pct. 1 (Jacinto Garza)
b. Mirasol Estates Subdivision – Pct. 1 (Kyndel Bennett)
c. Kyrios Subdivision – Pct. 1 (Maximo Rodriguez)
4. Final Approval/Revision of Plat as per Section 232.041 Local Government Code:
a. Tierra De Santa Cruz Subdivision – Pct. 4 (Richard Ruppert)
5. Discussion and Possible Action to waive $30 Utility Certificate Fee for Hidalgo County Pct. 3 for floodlights at Precinct #3 Landfill sub-station at Salida Del Sol Lot #6 the ESI # 10032789489165938.
a. Palos Rojos No. 2 Subdivision – Pct. 1 (Norberto Salinas)
2. Preliminary Approval:
a. Santa Clara Estates Subdivision – Pct. 1 (Kyndel Bennett)
b. Cardinal Waves Subdivision – Pct. 3 (Franz Reinhold)
3. Final Approval:
a. San Jacinto Estates No. 7 Subdivision – Pct. 1 (Jacinto Garza)
b. Mirasol Estates Subdivision – Pct. 1 (Kyndel Bennett)
c. Kyrios Subdivision – Pct. 1 (Maximo Rodriguez)
4. Final Approval/Revision of Plat as per Section 232.041 Local Government Code:
a. Tierra De Santa Cruz Subdivision – Pct. 4 (Richard Ruppert)
5. Discussion and Possible Action to waive $30 Utility Certificate Fee for Hidalgo County Pct. 3 for floodlights at Precinct #3 Landfill sub-station at Salida Del Sol Lot #6 the ESI # 10032789489165938.
B.
Discussion and Possible Action on Policy of Multi-family Structures on Lots for Single Family Use.
C.
Discussion and Possible Action to waive $30 Utility Certificate Fee for Hidalgo County Pct. 4 for the below listed flashing beacons:
1. Intersection of: Trenton Road and Northeast Lopez Dr.
Acct #: 251605-013
2. Intersection of: Trenton Road and Twins Roads
Acct #: 251605-012
3. Intersection of: Valverde Road and Mile 20 Road
1. Intersection of: Trenton Road and Northeast Lopez Dr.
Acct #: 251605-013
2. Intersection of: Trenton Road and Twins Roads
Acct #: 251605-012
3. Intersection of: Valverde Road and Mile 20 Road
14.
Precinct #1 - Comm. Quintanilla:
A.
Discussion and approval for payment of invoice from Beto Salinas Flores Group, LLC in the amount of $29,620.00 in relation to work performed at Vaquero Estates project to accomodate storm oversize for drainage runoff water flow for Wes-Mer Subdivision, with authority for County Treasurer to issue payment, after auditing procedures are completed by County Auditor. Action needed is to clarify the intent of the previous action taken by Commissioners Court on 03/07/2011 (AI #25538).
15.
Precinct #3 - Comm. Flores:
A.
Discussion and approval of Petition for County Road Designation (Cowboy Rd.)
B.
Pct. 3 Road Maintenance (1200):
1. Approval of the following personnel actions:
2. Approval of revised salary schedule.
1. Approval of the following personnel actions:
|
Action
|
Slot No.
|
Position Title
|
Budgeted Salary
|
|
Delete
|
0068
|
Heavy Equipment Operator I
|
$24,880.00
|
|
Delete
|
0069
|
Heavy Equipment Operator I
|
$24,880.00
|
|
Create
|
0080
|
Heavy Equipment Operator I
|
$28,000.00
|
|
Create
|
0081
|
Heavy Equipment Operator I
|
$28,000.00
|
2. Approval of revised salary schedule.
16.
Budget & Management - Sergio Cruz:
A.
Presentation of 2012 Budget Process Calendar
B.
Approval to pay Texas Association of Counties (TAC) the amount of $26,545.20 to cover claims for the first quarter of 2011, with authority for County Treasurer to issue payment/check after, review, audit, and processing procedures are completed by County Auditor.
C.
Edward Byrne Memorial:
1. Public Hearing on the FY 2011 Edward Byrne Justice Assistance Grant (JAG) Program Application/Strategies/Narrative.
2. Discussion, consideration, review, and approval of the program application/strategies/narrative of the FY 2011 Edward Byrne Justice Assistance Grant.
1. Public Hearing on the FY 2011 Edward Byrne Justice Assistance Grant (JAG) Program Application/Strategies/Narrative.
2. Discussion, consideration, review, and approval of the program application/strategies/narrative of the FY 2011 Edward Byrne Justice Assistance Grant.
D.
General Fund Salary Sweep (1100):
Approval to transfer General Fund lapsed salaries from various departments to the Countywide Adminstration - Contingency account.
Approval to transfer General Fund lapsed salaries from various departments to the Countywide Adminstration - Contingency account.
E.
Budget Appropriations:
1.
Pct. #3 R&B (1200):
a. Approval of Certification of Revenues as certified by the County Auditor for revenues received by Headstart Program for the paving of the Palmview III Headstart Center.
b. Approval of 2011 appropriation of funds into Precinct #3 Palmview Headstart Center in the amount of $31,265.35 to fund the paving of the Palmview III Headstart Center.
a. Approval of Certification of Revenues as certified by the County Auditor for revenues received by Headstart Program for the paving of the Palmview III Headstart Center.
b. Approval of 2011 appropriation of funds into Precinct #3 Palmview Headstart Center in the amount of $31,265.35 to fund the paving of the Palmview III Headstart Center.
2.
Constable Pct. No. 3 (1284):
Approval of appropriation of Border Security Crime Reduction Operation Grant funds in the total amount of $38,060.00.(REF: CC 07/05/11 AI 27339)
Approval of appropriation of Border Security Crime Reduction Operation Grant funds in the total amount of $38,060.00.(REF: CC 07/05/11 AI 27339)
17.
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.
Recommending award of bid and approval of contract to sole bidder meeting all specifications and requirements attached hereto for Hidalgo County for all funding sources: MS-1 Emulsified Asphalt RFB No.:2011-137-06-15-SGS.
5.
Appointment and/or designation by Commissioners' Court to select/assign an evaluation committee to evaluate and score the statements of qualification received for "Substance Abuse Treatment and Primary Care Services for Adolescents", as referenced in the procurement packet.
B.
Pct. 2
1.
Recommendation by project engineer R. Gutierrez Engineering, Corporation, for Hidalgo County Commissioners Court to award to the lowest bidder meeting all specifications: Asago LLC dba Asago Construction Company in the amount of $643,798.80 for Bid No. 2011-161-06-29-MSS -Hidalgo County Precinct No. 2 -"Road and Drainage Construction of El Gato Road Improvements".
2.
Pct. #2
Requesting approval of Change Order No.2 an increase in contract time of 30 calendar days with Mission Paving Company, Inc. (Contract #C-10-363-01-11) in connection with the construction of Tower Road Phase II Road and Drainage Improvements Project due to inclement weather and delay of constuction by County.
Requesting approval of Change Order No.2 an increase in contract time of 30 calendar days with Mission Paving Company, Inc. (Contract #C-10-363-01-11) in connection with the construction of Tower Road Phase II Road and Drainage Improvements Project due to inclement weather and delay of constuction by County.
C.
Pct. 3
1.
Requesting acceptance & approval of Certificate of Substantial Completion, and Application for Payment (Retainage Release) in the amount of $40,860.40 from Facilities Solutions Group (contracted vendor) for "Hidalgo County Precinct No. 3 -Solar Powered lighting for parks" (EECBG Project) and as certified for payment by project engineer, Raul Sesin, P.E., Hidalgo County Planning Department with authority for auditor to issue payment after review, audit and processing procedures completed.
2.
Requesting acceptance and approval of invoice no. 11010028a in the amount of $18,565.44, from contracted vendor, Cook-Joyce, Inc. in connection with services rendered prior to approval of Amendment No. 2 (CC 12/30/10) so as to have Hidalgo County stay in compliance with regulations and meet deadlines required by Texas Commission of Environmental Quality (TCEQ) in order to have Auditor process and County Treasurer issue payment/check.
3.
Requesting acceptance, approval and/or ratification (whichever applicable) of "Supplemental Agreement #5 to Work Authorization No. 1" with the fee of $60,350.69 (new total-$177,330.13) for the contract between Hidalgo County and Dannenbaum Environmental Corporation in connection with services (as detailed in SA#5 attached hereto) services approved and outlined in SA #4 to Work Authorization No. 1, with additional services imposed by the Texas Railroad Commission (as a result of major revisions to work from Supplemental #4) to meet a deadline for compliance of a Subdivision Access Road (e.i Eyhorn Property and/or Subdivisions No. 1 and No. 2).
4.
Presentation for consideration, discussion, acceptance and approval of proposal(s) received from WasteQuip-MayFab/Beeville, TX, awarded vendor through Hidalgo County's participation/membership with HGAC Contract No.#RC08-10 for the purchase of four (4) heavy duty Rectangular 30 yd Roll-Off Containers in an amount not to exceed $19,520.48, which includes delivery and other (if applicable) HGAC Fees for project #2011-194-OGG.
D.
Pct. 4
1.
Acceptance, and approval of Work Authorization No. 1 (with an estimated cost of $13,592.24) for Rogers Rd., Ingle Rd., Mile 11 & Sharp Rd. with L&G Engineering Laboratory, L.L.C. to provide construction material testing services to Hidalgo County Precinct No. 4 - C-11-026-04-12
E.
Health & Human Services Dept.
1.
Requesting approval of Change Order No.2 for an increase in the amount of $6,150.00 due to contractor's items placed on hold by County to complete previously needed construction by others, and for a reduction in the amount of -$7,810.00 due to quantitative deletions resulting on a final total cost reduction of - $1,660.00 to the total contract; Hidalgo County Primary Care and Substance Abuse Facility Site and Utility Improvements, awarded to The 5125 Company Contract No. C-10-050-03-23 with authority for County Judge or Court Member to execute document.
F.
Colonia Access Program Pct. 2
1.
Discussion, consideration and approval:
a. Change Order No. 1 with contractor OG Construction for Mesquite Acres Subdivision, Pct. No. 2 reflecting an increase in the amount of $8,034.41 due to quantity modifications in flexible base and concrete;
b. Application of Payment #2 (Final) in the amount of $97,257.07
as submitted through project engineer DOS Logistics Inc. (C-CAP-10-309-09-21)
a. Change Order No. 1 with contractor OG Construction for Mesquite Acres Subdivision, Pct. No. 2 reflecting an increase in the amount of $8,034.41 due to quantity modifications in flexible base and concrete;
b. Application of Payment #2 (Final) in the amount of $97,257.07
as submitted through project engineer DOS Logistics Inc. (C-CAP-10-309-09-21)
G.
County Clerk
1.
Recommending award of bid and approval of contract document to sole bidder: Master Fibers, INC. meeting all specifications and/or requirements as attached hereto for: Hidalgo County - Clerks Office "Purchase, Removal & Related Services for Shredded & Recyclable Materials RFB No. 2011-087-05-11-YZV.
18.
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-1204-10-C; Javier Carreon v. Hidalgo County
19.
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-1204-10-C; Javier Carreon v. Hidalgo County
20.
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
21.
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
22.
Adjourn