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AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING November 15, 2011 9:30 A.M. |
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NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners' Court will be held at Edinburg Council Chambers, 415 W. University Drive, 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.
Consideration and possible action on Constable Precinct #5:
1. Acceptance of resignation of Daniel Marichalar, Constable Precinct #5
2. Appointment and/or re-appointment of Constable Precinct #5
3. Discussion and action regarding compensation of Chief Deputy Constable
1. Acceptance of resignation of Daniel Marichalar, Constable Precinct #5
2. Appointment and/or re-appointment of Constable Precinct #5
3. Discussion and action regarding compensation of Chief Deputy Constable
C.
Consideration and possible action on abolishing Precinct #5:
1. Discussion and action on abolishing Precinct #5, Justice of the Peace and Constable
2. Approval of Order abolishing Precinct #5
1. Discussion and action on abolishing Precinct #5, Justice of the Peace and Constable
2. Approval of Order abolishing Precinct #5
D.
Discussion, consideration, and appropriate action on the following:
1. Redistricting Plans for the following Hidalgo County Precincts:
a. Justices of the Peace and Constables
2. Preclearance submission to the United States Department of Justice
1. Redistricting Plans for the following Hidalgo County Precincts:
a. Justices of the Peace and Constables
2. Preclearance submission to the United States Department of Justice
E.
Approval to accept a settlement check from State Farm Insurance Company in the amount of $1,108.74 to settle auto accident with County vehicle. (Sheriff Office)
F.
Approval to accept a settlement check from Santoy Investments DBA Economy Tires & Wheels in the amount of $848.24 to settle auto accident with County vehicle. (Sheriff Office)
G.
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 February 15, 2012 on the Certificates of Obligations, Taxable Series 2009C and 2010B (Build America Bonds) with authority for Commissioners' Court Executive Officer to sign form.
H.
Texas Agrilife Extension:
Requesting approval/permission to allow employee to travel to Corpus Christi, Texas to attend the Oil and Gas Training on 11/29/11 (no expenses other than fuel for county vehicle)
Requesting approval/permission to allow employee to travel to Corpus Christi, Texas to attend the Oil and Gas Training on 11/29/11 (no expenses other than fuel for county vehicle)
I.
IT Department:
Requesting permission to advertise/hire for the following position:
Technician III Slot #0009
Requesting permission to advertise/hire for the following position:
Technician III Slot #0009
7.
Constable Pct. #4 - Eddie Guerra:
A.
Constable Pct. #4 (1100):
1. Approval of the following personnel actions:
2. Approval to appoint one (1) new reserve Deputy Constable by Jose E. Guerra, Constable Precinct 4 in accordance with Texas Local Government Code 86.012.
3. Approval of interdepartmental transfer.
4. Approval of revised salary schedule
1. Approval of the following personnel actions:
| Action | Slot No. | Position Title/Grade |
| Delete | 0004 | Sr. Deputy Constable |
| Create | 0019 | Sergeant |
2. Approval to appoint one (1) new reserve Deputy Constable by Jose E. Guerra, Constable Precinct 4 in accordance with Texas Local Government Code 86.012.
3. Approval of interdepartmental transfer.
4. Approval of revised salary schedule
8.
Sheriff's Office - Chief Martinez:
A.
1. Authorization and Approval to accept a donation from Curtis 1000 of twenty (20) check books for the
Sheriff's "D" (Discharge) Bank Account.
2. Approval of Requisition Number 205730 for Curtis 1000 for $22.00 for freight costs relating to donated items.
Sheriff's "D" (Discharge) Bank Account.
2. Approval of Requisition Number 205730 for Curtis 1000 for $22.00 for freight costs relating to donated items.
B.
Requesting approval from Commissioners' Court to sign renewal application for the Texas Military Surplus Program(Texas 1033), which is set to expire during November.
C.
DOJ-USMS- U.S. Marshal (1284):
1. Approval to accept overtime funding from the U.S. Department of Justice, U.S. Marshals Service for two (2) officers in the amount of $28,400.00.
2. Approval of Certification of Revenues as certified by the County Auditor for the DOJ-USMS funding.
3. Approval to appropriate funds in the amount of $28,400.00 for USMS overtime funding.
1. Approval to accept overtime funding from the U.S. Department of Justice, U.S. Marshals Service for two (2) officers in the amount of $28,400.00.
2. Approval of Certification of Revenues as certified by the County Auditor for the DOJ-USMS funding.
3. Approval to appropriate funds in the amount of $28,400.00 for USMS overtime funding.
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.
Health Division:
Proclamation regarding Hidalgo County Diabetes Awareness Month.
Proclamation regarding Hidalgo County Diabetes Awareness Month.
10.
Fire Marshal's Office - Juan Martinez:
A.
Discussion and approval of the following 2011 Rural Emergency Services Interlocal Agreement(s) with:
1. City of San Juan
2. City of Alton
1. City of San Juan
2. City of Alton
11.
Elections Administration - Yvonne Ramon:
A.
Pursuant to fuel policy, requesting approval to reimburse Yvonne Ramon for purchase of fuel for county owned vehicle (new vehicle with out a gas card) with invoice/claim in the amount detailed herein, with authority for the County Treasurer to issue payment/ check after review, audit, and processing procedures are completed by the county auditor.
| Invoice Date | Vendor | Invoice # | Amount |
| 11/07/11 | Aziz | 04512B | $50.00 |
12.
Public Defender's Office - Jaime Gonzalez:
A.
Discussion, consideration, and appropriate action amending Advisory Board Members for the Public Defender's Department.
13.
WIC - Norma Longoria:
A.
Nutrition Physical Activity and Obesity Prevention Grant (1292):
1. Approval of Research Subaward Agreement between DSHS & Hidalgo County Health & Human Services WIC Department in the amount of $12,000.00 for the period of 06/30/11-06/29/12.
2 Approval for County Treasurer to issue check made payable to "The Texas A&M University System Health Science Center" after review, audit, and processing procedures are completed by County Auditor.
1. Approval of Research Subaward Agreement between DSHS & Hidalgo County Health & Human Services WIC Department in the amount of $12,000.00 for the period of 06/30/11-06/29/12.
2 Approval for County Treasurer to issue check made payable to "The Texas A&M University System Health Science Center" after review, audit, and processing procedures are completed by County Auditor.
14.
Right of Way - Joe Pena:
A.
1. Authorization for discussion, consideration and/or approval of a proposed easement for Magic Valley Electric Cooperative, Inc. approximately 0.349 acres- Cesar Chavez Drainage Project.
2. Authorization for County Judge to Execute documents for Cesar Chavez Drainage Project.
2. Authorization for County Judge to Execute documents for Cesar Chavez Drainage Project.
15.
Auditor's Office - Ray Eufracio:
A.
Approval to reclassify the following position, effective 10/03/2011, as approved by the Board of Judges on 09/29/2011:
| Slot No. | Current Position Title |
Current Position Title |
Approved Position Title |
Approved Budeted Salary |
| 0044 | Accountant I | $37,385.00 | Accounts Payable Specialist I | $33,006.00 |
16.
Precinct #3 - Comm. Flores:
A.
Pct. 3 Drainage Improvement Project (1200):
1. Approval to create one (1) full-time Pipe Layer/ Fitter position, slot no. 0015, budgeted salary $28,000.00.
2. Approval of revised salary schedule.
1. Approval to create one (1) full-time Pipe Layer/ Fitter position, slot no. 0015, budgeted salary $28,000.00.
2. Approval of revised salary schedule.
17.
Precinct #4 - Comm. J. Palacios:
A.
Approval of Right of Way Easement for North Alamo Water Supply for irrigation purposes for a county park - Ingle Rd.
18.
Budget & Management - Sergio Cruz:
A.
Approval to reset salaries for promotions, demotions and/or transfers as deemed appropriate in order to comply with the Classification and Compensation Pay Plan.
B.
Pct. #1 - Pct. #3 BCAP Round III (1312):
1. Approval of certification of revenues, as certified by the County Auditor, for the BCAP Grant- 3rd Call in the amount of $3,845,166.52.
2. Approval to deobligate $3,124,157.64 from 2nd Call Border Colonia (Fund 1311). Funds in the amount of $715,311.50 from (Fund 1310) 1st Call Border Colonia do not need to be deobligated due to not being carried over to 2011 and funds in the amount of $5,697.38 were liquidated damages from LJ#1 (prog 365) not billed to TxDot and do not need to be dobligated.
3. Approval to appropriate $3,845,166.52 into 3rd Call Border Colonia (fund 1312) for the following precincts in relation to Round III Colonia projects:
4. Approval to deobligate $168,438.97 from 3rd Call Border Colonia (Fund 1312) for the following deleted projects:
5. Approval to appropriate $168,438.97 into 3rd Call Border Colonia Contingency Account.
1. Approval of certification of revenues, as certified by the County Auditor, for the BCAP Grant- 3rd Call in the amount of $3,845,166.52.
2. Approval to deobligate $3,124,157.64 from 2nd Call Border Colonia (Fund 1311). Funds in the amount of $715,311.50 from (Fund 1310) 1st Call Border Colonia do not need to be deobligated due to not being carried over to 2011 and funds in the amount of $5,697.38 were liquidated damages from LJ#1 (prog 365) not billed to TxDot and do not need to be dobligated.
3. Approval to appropriate $3,845,166.52 into 3rd Call Border Colonia (fund 1312) for the following precincts in relation to Round III Colonia projects:
| Pct. #1 BCAP Round III | $1,007,825.05 |
| Pct. #2 BCAP Round III | $412,326.45 |
| Pct. #3 BCAP Round III | $1,223,931.48 |
| BCAP Contingency Account | $1,201,083.54 |
| Total | $3,845,166.52 |
| La Flor Estates | $84,220.49 |
| La Flor Gardens | $84,218.48 |
| Total | $168,438.97 |
C.
Discussion, consideration, and approval to reduce the indirect cost allocation rate from 13% to 10% effective 10/1/11 through 9/30/12 for the WIC Program.
D.
Pct. #3 TxDot (1315):
1. Discussion, consideration and approval to set up receivable account for TxDot FM 681 (CSJ: 0669-01-043).
2. Approval of 2011 interfund transfer from TxDot FM 681 (SH107-FM2221/FM492) to C.O. 2010 A&B - Pct3 La Homa in the amount of $1,920,335.00.
1. Discussion, consideration and approval to set up receivable account for TxDot FM 681 (CSJ: 0669-01-043).
2. Approval of 2011 interfund transfer from TxDot FM 681 (SH107-FM2221/FM492) to C.O. 2010 A&B - Pct3 La Homa in the amount of $1,920,335.00.
E.
Pct #4 Drainage Improvement Project (1200):
1. Approval of Certification of Revenues as certified by the County Auditor for Pct. #4 Drainage Improvement Project Labor Reimbursements.
2. Approval of 2011 appropriation of funds into Precinct #4 Drainage Improvement Project (program 036) in the amount of $93,048.66 (Labor Reimbursements - July & August 2011).
1. Approval of Certification of Revenues as certified by the County Auditor for Pct. #4 Drainage Improvement Project Labor Reimbursements.
2. Approval of 2011 appropriation of funds into Precinct #4 Drainage Improvement Project (program 036) in the amount of $93,048.66 (Labor Reimbursements - July & August 2011).
F.
County Clerk (1100):
1. Approval to rescind action taken on 10/12/2010 (AI #23334) in reference to the following position:
2. Approval of revised salary schedule.
1. Approval to rescind action taken on 10/12/2010 (AI #23334) in reference to the following position:
| Action | Slot No. | Dept. Name/No. |
Current Position Title |
Current Grade |
Proposed Position Title |
Proposed Grade |
No. of Positions |
| Reclassification | 0009 | Co. Clerk (180-001) |
Executive Assistant I | 11 | Executive Assistant II | 13 | 1 |
2. Approval of revised salary schedule.
G.
1. Status update on Operation Clean Slate - Phase I Online Payment.
2. Discussion, consideration and approval of Operation Clean Slate - Phase II
2. Discussion, consideration and approval of Operation Clean Slate - Phase II
H.
1. Discussion regarding the Scofflaw Program, implementation procedures, and designation of fees.
2. Discussion, consideration, and approval of the Texas Department of Transportation Service Agreement for the purchase of Texas Motor Vehicle Title and Registration information.
2. Discussion, consideration, and approval of the Texas Department of Transportation Service Agreement for the purchase of Texas Motor Vehicle Title and Registration information.
I.
Budget Appropriations:
1.
Constable Pct. #3 (1230):
Approval of appropriation of funds for Constable Precinct No. 3 in the amount of $13,596.00 to appropriate auction proceeds attributed to the sale of capital assets.
Approval of appropriation of funds for Constable Precinct No. 3 in the amount of $13,596.00 to appropriate auction proceeds attributed to the sale of capital assets.
19.
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 to exercise the option to terminate lease agreement by and between Tri-County Communications and Hidalgo County Fire Marshal's Office as stated in the current lease agreement #E-10-048-12-09 (C-07-340-07-03)-for: "Lease of Tower Space of Antenna & Cable for use of Repeater".
5.
a. Accept and approve invoice(s) received from Montalvo Insurance (see attached documents) in the amount of $2,026,021.45 for renewal of "Hidalgo County's Property & Casualty Insurance Policies which includes TPA Services" for 2012-13 with coverage effective January 01, 2012 through January 01, 2013;
b. Approval for County Treasurer to issue check(s) after review, audit and processing procedures completed by County Auditor with the authority for Court Member or Commissioner's Court Executive Officer to sign any applicable documentation related to item above;
c. Discussion and applicable action on any options (attached hereto) presented by Montalvo Insurance in connection with Hidalgo County's Property & Casualty Insurance Policies.
b. Approval for County Treasurer to issue check(s) after review, audit and processing procedures completed by County Auditor with the authority for Court Member or Commissioner's Court Executive Officer to sign any applicable documentation related to item above;
c. Discussion and applicable action on any options (attached hereto) presented by Montalvo Insurance in connection with Hidalgo County's Property & Casualty Insurance Policies.
6.
a. Presentation of the scoring grid for the purposes of ranking proposals received for: Credit Card Payment System for Hidalgo County;
| EASY ACCESS INC. |
FIS - METAVANTE PAY DIRECT SOLUTIONS |
ELAVON | |
| EVALUATOR 1 | 90 | 87 | 85 |
| EVALUATOR 2 | 95 | 90 | 85 |
| EVALUATOR 3 | 96 | 88 | 78 |
| EVALUATOR 4 | 92 | 88 | 68 |
| AVERAGE SCORE | 93.25 | 88.25 | 79 |
| CC RANKING |
b. Authority to negotiate a final Credit Card Payment Services Agreement with the number one ranked firm of ___________________.
7.
Presentation of lowest bid received as detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract for the Request for Bid (RFB) titled: Hidalgo County-"CRS-2 (Cationic Rapid Setting) Emulsified Asphalt" through project No.: 2011-225-09-29-SGS.
B.
Pct. 1
1.
Requesting approval of contract document with L & G Engineering Laboratory (authorized for negotiations by CC 10/18/11) for the provision of Construction Materials Testing for "Hidalgo County Precinct No. 1" on an as needed basis.
2.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service";
b. Presentation of scoring grid for the purpose of CC designating sole firm providing requested services as "Qualified" to render Review Appraisal Services so as to proceed to the next phase of the procurement process;
b. Presentation of scoring grid for the purpose of CC designating sole firm providing requested services as "Qualified" to render Review Appraisal Services so as to proceed to the next phase of the procurement process;
| Evaluator(s) | HLH Appraisal Services |
| Evaluator 1 |
97 |
| Evaluator 2 | 94 |
| Average | 95.5 |
| Qualified |
c. Authority for the Purchasing Department to negotiate a professional (Review Appraisal Services) contract with "Qualified" firm of __________________________ for: the provision of professional review appraisal services on an "as needed basis" for Hidallgo County Precinct #1.
C.
Pct. 2
1.
Acceptance and approval of Work Authorization No. 8 for R. Gutierrez Engineering Corporation with estimated fee of $170,957.18 for, "Minnesota Drain Improvement Project." (Contract# C-10-376-12-14)
2.
Requesting authorization and approval of proposal received from Rush Truck Houston/ Pharr, TX awarded vendor through Hidalgo County's participation/membership with TASB Buyboard Contract #358-10 for the purchase of One (1) New 2011 800 Gal Hino Fuel Truck Model 258LP in an amount not to exceed $89,697.00 for Hidalgo County Precinct #2 for Project #11-300-OGG
D.
Pct. 3
1.
a. Presentation for discussion, consideration, acceptance and approval to engage subcontractors for the Mile 2 North(From Moorefield Road to La Homa Rd) pursuant to (article 14) the current agreement with L&G Consulting Engineers and as request by engineer.
b. Presentation for discussion, consideration, acceptance, and approval of Invoice # 11323969 in the amount of $19,623.14, from L&G Consulting Engineers, Inc., contracted engineer for the Mile 2 North (From Moorefield Rd to La Homa Rd). C-11-195-08-16
b. Presentation for discussion, consideration, acceptance, and approval of Invoice # 11323969 in the amount of $19,623.14, from L&G Consulting Engineers, Inc., contracted engineer for the Mile 2 North (From Moorefield Rd to La Homa Rd). C-11-195-08-16
2.
Acceptance and approval to execute a Professional Surveying Services (On an As Needed Basis) contract/agreement for the provision of surveying services for "Projects located within Hidalgo County Precinct No. 3 ," with CVQ Land Surveyors, LLC, as authorized & approved for negotiations by CC on 11/08/11.
20.
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 Lilia G. Montalvo
E.
Claim of Agustin Villanueva Reyes
F.
Claim of Eulalia Sanchez
G.
Claim of Iris Judith Serna & Rojelio Castillo
H.
Notice of claim regarding Brian Valadez
21.
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 Eulalia Sanchez
E.
Claim of Agustin Villanueva Reyes
F.
Claim of Lilia G. Montalvo
G.
Claim of Iris Judith Serna & Rojelio Castillo
H.
Notice of claim regarding Brian Valadez
22.
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
23.
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
24.
Adjourn