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Agenda for CC REGULAR

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
July 24, 2012
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 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.
County Judge's Office:
 
A.
1.  Resolution in honor of Lewis Joseph Lodico
2.  Recognition of the Food Network's Cupcake Wars Champions: Sabrina Rodriguez-Louck, Erica Rodriguez, and Johanna Saenz
3.  Presentation of Public Affairs Specialist Intern
 
B.
Recognition of the Hidalgo County Courthouse Historical Commission
 
C.
Update and presentation on utilization of funds for Energy Efficiency and Conservation Block Grant (EECBG)
 
D.
Appointment of one board member to represent the County of Hidalgo on the City of Donna's Tax Increment Reinvestment Zone Number One (1) Board of Directors.
 
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"
 
B.
Environmental Compliance:
Discussion and possible submittal of comments regarding application for extension of TCEQ Scrap Tire Registration No. 6200592 for Santa Anita Reclamation LLC until September, 2017 for a Land Reclamation Project Using Tires (LRPUT) by Commissioner's Court and County Fire Marshal's Office.
 
C.
Budget & Management:
Approval to advertise/hire for the following positions:
Position Title Slot# Grade
Planning Analyst I 022 10
Budget Analyst I 011 10
 
D.
Health & Human Services:
Requesting approval to advertise/hire for the following positions:

Program Position Title Slot # Grade
Health Adm. Clerk III 0031 5
Human Services Eligibility Specialist II 0011 6
Health Clinics Billing Specialist V 0030 9
Health Clinics Courier 0043 2
 
7.
Tax Office - Armando Barrera:
 
A.
Pursuant to the Tax Code 31.11 (c-1), requesting approval to extend the tax refund deadline of three years to an additional two years for the following tax refunds.

REFUND TYPE ACCT # TAXPAYER REFUND AMT PAYMENT DATE
Erroneous Payment L5090.97.LNJ.0086.03 Vanderbilt Mortgage $ 500.36 01/18/2007
 
8.
Health & Human Services Department - Eddie Olivarez
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
9.
Emergency Management - Oscar Montoya:
 
A.
Approval of request from the Lower Rio Grande Valley Development Council for local contribution in the amount of $2,000 in support of a Spanish Language Public Safety Early Weather Warning System for the Lower Rio Grande Valley.
 
10.
Facilities Management:
 
A.
Requesting approval to process the following invoices as claims to Verizon Wireless with authority for County Treasurer to issue payment after review, audit and processing procedures are completed by County Auditor.
Invoice # Period Users Total
6674206968 12/24/11-01/23/12 Richard Sunday, Sefe Garza
$37.99+$37.99
$75.98
6687149261 01/24/12-02/23/12 Richard Sunday, Sefe Garza
$37.99+$37.99
$75.98
6700033855 02/24/12-03/23/12 Richard Sunday, Sefe Garza
$37.99+$37.99
$75.98
6712965447 03/24/12-04/23/12 Richard Sunday, Sefe Garza
$37.99+$37.99
$75.98
6725865192 04/24/12-05/23/12 Richard Sunday, Sefe Garza
$37.99+$37.99
$75.98
6738752971 05/24/12-06/23/12 Richard Sunday, Sefe Garza
$37.99+$37.99
$75.98
 
11.
Urban County - Diana Serna:
 
A.
1.  Approval of a resolution for designation of authorized bonded signatories for the Texas General Land Office (GLO) formally known as "TDRA", Texas Community Development Block Grant Funds (TxCDBG) for the following grant:

a.  2012 Texas General Land Office GLO#12-406-000-6453/ DRS210068 

2.  Authorize Hidalgo County Judge to sign any and all documents regarding Round 2.1 funds.
 
B.
Urban County Program is requesting consideration and action to replace Exhibit "B" (Bid Page), submitted by 2GS, LLC, on a contract approved by County Commissioner's Court on July 3, 2012 for the Texas Department of Agriculture Colonia Economic Distress Area Program (CEDAP Contract No. 711195). No change to specs or funding.
 
C.
Requesting approval to Re-Authorize Urban County Program Director to sign and execute Loan Agreements, Rehabilitation Contracts, Promissory Notes, Release of Real Estate Liens on Property that has met the established Affordability Periods, and CHDO Agreements, as they relate to the HOME Program.
 
D.
Requesting approval to re-Authorize Urban County Program Director to approve certain Change Orders on Urban County Projects.
 
E.
Requesting approval to Re-Authorize Urban County Program Director to sign and execute contracts and agreements after Hidalgo County Commissioners' Court approval as it relates to all Hidalgo County Urban County Program projects included in the Annual Consolidated Plan.
 
F.
Re-Designation of Urban County Program Director as Certifying Officer Designee for Environmental Review Procedures for entities assuming HUD Environmental responsibilities (CDBG, HOME, ESG, COLONIA, TDHCA, TDRA, GLO Program and etc.)
 
G.
Urban County Program, on behalf of the City of Hidalgo, is requesting approval of a best and final negotiated contract with EGV Architects, Inc. in the amount of $56,100.00, utilizing Year 23 (2010) funds for standard architectural services for the non-residential historical preservation of the old Hidalgo County courthouse in Hidalgo, Texas.
 
H.
Urban County Program, on behalf of the City of La Joya, is requesting approval of a best and final negotiated engineering contract with S&B Infrastructure, Ltd. in the amount of $19,505.00, utilizing Year 23 (2010) and YR 25 (2012) Urban County funds (anticipated release of 2012 funds is late August) for the construction of Military Park in La Joya, Texas.
 
I.
1.  Approval of a revised resolution for designation of authorized bonded signatories for the Texas Department of Rural Affairs (TDRA) now known as "GLO" Texas General Land Office, Texas Community Development Block Grant Funds (TxCDBG) for the following grant:

a.  2008 Disaster Recovery TxCDBG Contract No. 10-5066-000-5043/DRS 010068

2.  Authorize the Hidalgo County Judge to sign any and all documents regarding Round One funds.
 
12.
Elections Administration - Yvonne Ramon:
 
A.
Discussion and/or action, including but not limited to Elections updates
 
13.
TX. Agri-Life Extension Services:
 
A.
Proclamation to recognize the Junior and Intermediate winners  of the District Fashion Show, Senior Fashion Show winners of the State 4-H Roundup, and the Consumer Decision Making Team for winning first place at district.
 
14.
Planning Department - Raul Sesin:
 
A.
1. Partial Release of Letter of Credit
a. Brushline LTD Subdivision – Pct. 3 (Pat Fletcher)

2. Reimbursement of a Cash Deposit
a. Brushline LTD Subdivision – Pct. 3 (Pat Fletcher)
 
B.
1. Preliminary Approval
a. D & D Estates Subdivision – Pct.4 (Magdalena Rodriguez)
b. Idalia Subdivision – Pct.4 (Vicente Garza)
c. Aza Subdivision – Pct.1 (Jose Cruz Aza)
d. Acres of Santa Cruz Phase 1 Subdivision – Pct.3 (Richard Ruppert)
e. Iowa Subdivision – Pct.3 (Norberto Salinas)
f. Vista Ridge Acres Phase 4 Subdivision – Pct.1 (Jack McClelland)

2. Final Approval
a. Evergreen Valley Estates Phase 4 Subdivision – Pct.4 (Tillmin Welch)
b. Evergreen Valley Estates Phase 6 Subdivision – Pct.4 (Tillmin Welch)

3. Final Approval with Variance Request
a. Pifalo Subdivision – Pct.4 (Mario Pifalo)
 
15.
Precinct #2 - Comm. H. Palacios:
 
A.
Approval of a Joint Use Agreement with Hidalgo County Irrigation District #2 for the Minnesota Drainage Project.
 
16.
Precinct #4 - Comm. J. Palacios:
 
A.
Approval to name roads as follows:
1.  LALO SR - A private service road located at Del Tule track 94 on the west side of Brushline RD and south of Highway 186.
2.  CLEMENCIA SR - A private service road located at Del Tule track 94 on the west side of Brushline RD and south of Highway 186.
 
17.
Budget & Management - Sergio Cruz:
 
A.
Presentation and discussion on "Operation Clean Slate".
 
B.
Approval of payment of invoice dated 07/05/12 from Montalvo Insurance Agency in the amount of $2,263.00 for Business Automobile Insurance with authority for County Treasurer to issue check after review and processing procedures are completed by the County Auditor.
 
C.
Budget Appropriations:
 
1.
Constable Pct. 4 Investigation HB 65 (1231):
Approval of 2012 appropriation of funds in the amount of $4,945.95 into the Constable Pct. 4 Investigation HB 65 to fund minor equipment and court cost expenditures.
 
2.
Pct. #1 Drainage Improvement Project (1200):
a. Approval of certification of revenues as certified by the County Auditor for Pct. 1 Drainage Improvement labor reimbursements.
b. Approval of 2012 appropriation of funds for the Pct. 1 Drainage Improvement Project (fund 1200, program 052) in the amount of $24,557.63 to fund payroll expenditures.
 
3.
Pct. 2 Border Rd (Moore-El Gato) (1200):
Approval of 2012 unappropriation of funds in the amount of $100,000.00 for the Pct. 2 Border Rd (Moore-El Gato).
 
4.
Pct. #3 Rd Maintenance (1200):
Approval of 2012 appropriation of funds into Precinct #3 Rd Maint in the total amount of $120,000.00 to fund operating expenditures.
 
5.
Pct. #4 (1200):
a.  Approval of Certification of Revenues as certified by the County Auditor for JO-9 reimbursement in the total amount of $65,561.13. 

b.  Approval of 2012 appropriation of funds into Precinct #4 Rd. Maint (program 007 - $39,245.45) and Drainage Improvement Project (program 036 - $26,315.68 ) in the total amount of $65,561.13 (Reimbursement from HCDD#1 for JO-9 Ditch Project).
 
18.
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).
 
A.
Hidalgo County
 
1.
Presentation for acceptance and approval of 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
 
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
 
4.
Acceptance and approval of an "Amendment" to the current DIR Contract No. DIR-SDD-IC427(approved by CC-12/01/09) as submitted by Texas.gov Contracts, acting by and through the Texas Department of Information Resources and Texas NICUSA, LLC., for the purposes of a transition that will begin September 1, 2012 with new fees, terms and conditions as utilized by the Hidalgo County Clerk and District Clerk Offices.
 
B.
Pct. 1
 
1.
a.  Acceptance and approval of an Interlocal Cooperation Agreement between the County Of Hidalgo and Monte Alto School Independent School District for the provision of assisting the School District by the County to pave and install curbs for the "Road Project" as identified under the following line item;

b.  Acceptance and approval of the Interlocal Cooperation Agreement Project: provision of the "Paving and Curbing of the westward exension of Valdez Street and to install curbing on the access roads and parking lots for the forthcoming Monte Alto High School" pursuant to the approval of the Interlocal Agreement as stated above
 
2.
a.  Requesting for Hidalgo County Commissioners' Court to designate and approve an Owner's Representative____________pursuant to Article 8.3 as referred on the AIA Docuement A101-Agreement between Owner and Contractor and AIA Document A201-2007-General Conditions of the Contract for Construction (under Article 2.1.1) so as to proceed with action on the next agenda item;
 
b.    Acceptance and approval of the Final AIA Document A101 form of agreement between Hidalgo County-Owner and Holchemont, LTD.-Contractor for the "Construction Of New Constable Precinct No. 1 Offices".
 
C.
Pct. 2
 
1.
Requesting approval of "License Agreement" for the Minnesota Drainage Project.
 
D.
HIDTA
 
1.
The following is the continuation of the "Maintenance Plan Agreement" with CROSSMATCH TECHNOLOGIES awarded vendor through the Texas DIR-Contract No.-DIR-SDD-1024 for the procurement of hardware/software equipment previously approved by Commissioners Court on September 28, 2010;

a. Requesting CC grants and order for the exemption from competitive bidding requirements under Texas Local Government Code, 262.024 (a)(7)-'an item that can be obtained from only one source';

b. Approval of a "Sole Source Declaration" with CROSSMATCH TECHNOLOGIES and authority to purchase the continuation of the "Maintenance Plan Agreement"(reviewed and approved as to form by legal counsel) with said sole source designation remaining in effect as long as HIDTA possess and utilizes the hardware and software commencing with services until 4-30-13 in the amount of $1,620.00.
 
E.
Colonia Access Program Pct. 1
 
1.
Requesting approval to reject all bids submitted and authority to re-advertise the following BCAP Pct No. 1 projects (cc previously approved on 04-10-12) as bids received were higher than the budgeted amount for each project.
a.  Road & Drainage Construction for El Mesquite Subdivision;
b.  Road & Drainage Construction for North Capisallo Subdivision.
 
F.
Colonia Access Program Pct. 3
 
1.
Presentation of a recommendation by project engineer, Javier Hinojosa Engineering for Commissioners' Court to award to lowest bidder meeting all specifications: 2GS, LLC in the amount of $346,509.20 for Bid No. CAP-12-138-07-03-YSI "Road & Drainage Construction for Acevedo #4 Subdivision".
 
19.
Open Forum
 
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:
 
A.
Real Estate Acquisition
 
B.
Pending and/or potential litigation
 
C.
CL-12-2088-A; Erasmo Chapa v. Hidalgo County, Texas
 
D.
Notice of Claim - Shelia Pruitt-Orr
 
21.
Open Session:
 
A.
Real Estate Acquisition and appropriation for same
 
B.
Pending and/or potential litigation
 
C.
CL-12-2088-A; Erasmo Chapa v. Hidalgo County, Texas
 
D.
Notice of Claim - Shelia Pruitt-Orr
 
22.
Closed Session:
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
 
24.
Adjourn