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Agenda for CC REGULAR

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
January 8, 2013
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 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.
County Judge's Office:
 
A.
Resolution in honor of Humberto Garza
 
B.
Recognition of 2012 Leo Najo Hall of Fame Inductees
 
C.
Presentation on Hidalgo County Employee Christmas Toy Drive and Recognition of Partners.
 
D.
Recognition of Jesse Trevino from McAllen
 
7.
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" and authority to submit letter of engagement
 
B.
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following: 
1) Renovations to Former Administration Building 1st and 2nd Floors 
2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting
 
C.
Child Protection Court:
1. Approval to create one (1) regular full-time Administrative Assistant III position, Slot No. 0002, budgeted salary $32,769.00.
2. Approval of revised salary schedule.
3. Approval of interdepartmental transfer.
 
D.
1. Approval to accept settlement agreement from Travelers Insurance in the amount of $22,775.65 to settle total loss auto accident with County vehicle. (Constable P4)

2. Approval to authorize Ramon Garcia, Hidalgo County Judge, to sign Power of Attorney forms for title purposes to settle auto claim with Travelers Insurance Company.
 
E.
1. Approval to accept settlement agreement from Lindsay General Insurance Agency in the amount of $17,074.76 to settle auto accident with County vehicle. (Precinct 4)

2. Approval to authorize Ramon Garcia, Hidalgo County Judge, to sign Property Damage Agreement form to settle auto claim with Lindsay General Insurance Agency. 
 
F.
Approval to accept settlement check from Travelers Insurance Company in the amount of $8,051.00 for a total loss auto accident with County vehicle.  (Sheriff Office) 
 
G.
Environmental Compliance:
Requesting approval to authorize Ms. Erin Guerra to be appointed to a volunteer intern position to assist with environmental compliance activities
 
H.
Texas A&M AgriLife Extension Service:
Requesting approval of revised Application For Official Travel, previously approved by court on 12/28/12 requesting an additional night hotel stay for Barbara Storz
 
I.
Requesting permission/approval of travel for Armando Guzman to attend the MSW B Supervisor Course to be held in Denton, Texas on February 11-14, 2013.
 
J.
Approval of Field Agreement among USDA, Animal and Plant Health Inspection Service, Wildlife Services and Texas AgriLife Extension Service-Wildlife Services and Texas Wildlife Damage Management Association, Inc. and Hidalgo County
 
8.
Constables:
 
A.
Constable Precinct No. 2:
Discussion, consideration, and approval to appoint Deputy Constables by Constable Martin Cantu, Constable Precinct 2 in accordance with Texas Local Government Code Section 86.011 as follows:

Armando Campos Senaida Alonzo
Carlos Elizondo Fernando Gaitan
Roberto Perez Juan Arenas
 
B.
Constable Precinct No. 3:
1. Discussion, consideration, and approval to appoint the below listed persons as Deputy Constables by Constable Lazaro Gallardo, Jr., Constable Precinct 3 in accordance with Texas Local Government Code Section 86.011:

Horaldo Sanchez Georgina Bermudez
Eldon Dunn Rodolfo Trevino
Dan Broyles Rafael Ochoa
Joel Contrereas Ruben Salinas
Selena Garza Reynaldo Trevino
Reynaldo Reyna Richard Flores
Victor Javier Rodriguez Santos Alanis
Miguel Zamora Leroy Ortiz
Hugo Rangel  

2. Discussion, consideration, and approval to appoint the below listed persons as Reserve Deputy Constables by Constable Lazaro Gallardo, Jr., Constable Precinct 3 in accordance with Texas Local Government Code Section 86.012:

Howard Hawbaker Alfredo Saldana
Miguel Rodriguez Antonio Pena
James Olivarez Leonardo Longoria
Juan Alvarez  
 
C.
Constable Precinct No. 4:
1. Discussion, consideration, and approval to appoint the below listed persons as Deputy Constable by Constable J.E. "Eddie" Guerra, Constable Precinct 4 in accordance with Texas Local Government Code Section 86.011.

Joel Rivera David Garza Jr.
Aaron Moreno Teodoro Lemus
Michael Anzaldua Albert A. Collins
David T. Sanchez Romeo Pena Jr.
Martin B. Brown Roy Quintanilha (non-paid /full time)
Carlos Gonzales Oscar Montoya (non-paid/full time)
Raul Salinas Jr. Charles Yoder (non-paid/full time)
Joaquin Vasquez Colin B. Ashburn (non-paid/full time)
Robert Lugo Jr.  Francisco J. Guerrero (non-paid/full time)

2. Discussion, consideration, and approval to appoint the below listed persons as Reserve Deputy Constable by Constable J.E. "Eddie" Guerra, Constable Precinct 4 in accordance with Texas Local Government Code Section 86.012.

William Blake Sutton Marcos Perez
Lee P. Foster Homer Garza
Peter L. Palmer Rene Parrao
James Moon Mario Martinez
Robert Vela Jr. Sergio Reyes
Dwight F. Yoder Lorenzo Ortiz Jr.
 
9.
District Courts:
 
A.
398th District Court:
Approval to pay Shana Lively, 398th District Court Reporter, the amount of $200.00 in relation to reimbursement of registration fees for continuing education online courses paid with personal funds with authority for County Treasurer to issue check after review, audit, and processing procedures are complete by County Auditor.
 
10.
District Attorney's Office - Roy Cazares:
 
A.
1.  Approval of auto allowance in the amount of $900.00 each for slots 009, 101 & 102.
2.  Approval of interdepartmental transfer.
3.  Approval of revised salary schedule.
 
B.
District Attorney's Office (1100):
1.  Approval of the following personnel actions:

Action Slot No. Position Title Budgeted Salary
Create  0105 Assistant District Attorney II $56,500.00
Authorize Allowance $900.00
Create  0106 Administrative Assistant II $29,200.00

2.  Approval of interdepartmental transfer. 
3.  Approval of revised salary schedule.
 
C.
Approval to rescind, effective today, the collection of the $2.00 administrative fee being collected under the Code of Criminal Procedure Art. 102.072 "Administrative Fee" by the Hidalgo County Sheriff's Office on cash bonds.
 
11.
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
County Clerk (1100):
1.   Approval to create the following full-time positions, effective 01/08/2013:

Slot No. Position Title Budgeted Salary
0074 Deputy County Clerk I $26,014.00
0075 Deputy County Clerk I $26,014.00

2.   Approval of interdepartmental transfer.
3. Approval of revised salary schedule.
 
B.
Requesting approval of 2013 Elected Official Bonds:
1. SERGIO VALDEZ - Judge, County Court at Law No. 7
2. JOSE M. FLORES - County Commissioner, Precinct No. 3
3. ROBERT M. CONTRERAS - Justice of the Peace, Precinct No. 2 Place 1
4. CHARLIE ESPINOZA - Justice of the Peace, Precinct No. 4 Place 1
5. CELESTINO AVILA JR.-Constable, Precinct No. 1 
 
12.
District Clerk - Laura Hinojosa:
 
A.
1.  Discussion, consideration and approval to create one (1) full-time Deputy District Clerk position, slot 0075, budgeted salary $25,256.00, effective upon commissioners court approval.
2.  Approval of interdepartmental transfer 
3.  Approval of revised salary schedule
 
13.
Tax Office - Armando Barrera:
 
A.
Resolution honoring Armando Barrera, Jr. on his retirement
 
14.
Health & Human Services Department - Eddie Olivarez
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
B.
Discussion and approval of 1115 Waiver Documents and/or 1115 Waiver Plan
 
15.
Fire Marshal's Office - Juan Martinez:
 
A.
Discussion, consideration, and action regarding the re-instatement of the Linn-San Manuel Fire Department Rural Emergency Services Contract
 
16.
HIDTA - Task Force - Dora Munoz:
 
A.
Requesting approval to pay the following claim/invoice with authority for County Treasurer to issue check after review and auditing procedures are completed by the County Auditor:
Vendor Invoice # Amount
Copy Graphics, Inc. (Vendor #78174)  132098  $180.00
 
17.
Urban County - Diana Serna:
 
A.
Urban County Program – CDBG (1288)
1.  Discussion, consideration, and approval of the following personnel actions, effective January 8, 2013.

Action Slot No. Position Title Budgeted Salary
Delete 0007 Compliance Monitor 49,834.00
Create 0031 Monitor III 52,002.00

2.  Approval of revised salary schedule.
 
B.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional architectural services.

2. Presentation of the scoring grid for the purpose of ranking by Commissioner's Court of at least three (3) architectural firms from the county's approved "pool" as graded and evaluated by the City of Peñitas, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 25 (2012) City of Peñitas Public Facility Improvements.
Professional Service Firm Grade Ranked
Alcocer Garcia Associates, Inc 97.00  
IDE*A Group, LLC. 91.67  
Mata-Garcia Architects, LLC 91.34  
3. Authority to negotiate a professional architectural service contract with the highest ranked firm of for the provision of architectural services for Urban County Program Year 25 (2012) City of Peñitas Public Facility Improvements.
 
C.
1. Hold a Public Hearing to consider public comments for Urban County Program's (UCP) substantial amendment to its HOME Program's Annual Allocation for Fiscal Year 25 (2012). The proposed amendment will decrease the HOME Programs Fiscal Year 25 (2012) by $367,858. The reduction is due to the U.S. Department of Housing and Urban Development (HUD) approving the County's request for a waiver. The following reflects what was requested and the actual allocation: 
 
Requested Home Allocation     Actual Home Allocation  
Administration $180,215   Administration $143,429
Rehab Program   971,936   Rehab Program   640,864
Homebuyer Program     50,000   Homebuyer Program     50,000
CHDO Program   600,000   CHDO Program   600,000
         
TOTAL $1,802,151   TOTAL $1,434,293
              
2. Requesting approval of a budget and program substantial amendment for Urban County Program's HOME Program Fiscal Year 25 (2012) Annual Allocation. The proposed amendment will decrease the proposed annual allocation by $367,858.
 
D.
The Urban County Program on behalf of the City of Weslaco is requesting approval and award of best and final negotiated contract with LeFEVRE Environmental & Management Consulting, LLC in the amount of $47,216.00 utilizing CDBG FY 20, 21 23 & 24 (2006, 2008, 2010 & 2011) Water/Sewer Improvements project.
 
E.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional architectural services.

2. Presentation of the scoring grid for the purpose of ranking by Commissioner's Court of at least three (3) architectural firms from the county's approved "pool" as graded and evaluated by the City of Peñitas, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 25 (2012) City of Peñitas Parks, Recreational Facilities.
Professional Service Firm Grade Ranked
Alcocer Garcia Associates, Inc. 97.00  
IDE*A Group, LLC. 91.67  
Mata-Garcia Architects, LLC. 91.34  

3. Authority to negotiate a professional architectural service contract with the highest ranked firm of for the provision of architectural services for Urban County Program Year 25 (2012) City of Peñitas Parks, Recreational Facilities.
 
18.
Right of Way - Joe Pena:
 
A.
Approval to modify the Realignment a portion of Alberta Road from 80' to 50' on the Hidalgo County Metropolitan Planning Organization Thoroughfare Plan.
 
19.
WIC - Norma Longoria:
 
A.
March of Dimes (1292):
Approval to accept the No-Cost extension for 2012 Community Award letter through December 31, 2013 from the March of Dimes.
 
20.
Precinct #1 - Comm. Cuellar:
 
A.
Ratification of Appointments to the following Civil Service Exempt Key Positions in Precinct 1, effective January 2, 2013:
1. Executive Assistant for Community and Intergovt. Relations (R&B Slot No. 0001 - Functional Title - Chief Administrator)Raul Homero Lozano

2. Director of Management Support (R&B Slot No. 002 - Functional Title - Same) - David Rodriguez

3. Director of Road & Bridge (R&B Slot No. 0091 - Functional Title - Director, Field Operations) - Oscar Garcia

4. Approval of Title Change only as follows:
  
Department Slot No. From To
Rd. Maint. 0001 Executive Asst. for Community & Intergovt. Relations Chief Administrator
Rd. Maint. 0091 Director of Road & Bridge Director, Field Operations

5. Approval of Revised Salary Schedule.
 
21.
Precinct #2 - Comm. H. Palacios:
 
A.
Pct. 2 (1200):
Approval of the following personnel actions for 2013 Budget Year:
1. Delete the following positions:

Department Slot No. Position Title Budgeted Salary
Road Maintenance 0009 Assistant Field Operations Director $  40,765.00
Administration 0005 Executive Assistant $  70,298.00
    Total $111,063.00
 
2. Create the following position:
 
Department Slot No. Position Title Budgeted Salary
Road Maintenance 0090 Director, Field Operations $79,750.00
    Total $79,750.00

3.  Approval of interdepartmental transfer.
4.  Approval of the revised salary schedule.
 
22.
Precinct #4 - Comm. J. Palacios:
 
A.
Requesting authorization for appraisal, appraisal review, survey, metes and bounds, title report and acquisition of right of way for the expansion of Mile 22 1/2 Road.
 
23.
Budget & Management - Sergio Cruz:
 
A.
Salary Schedule Changes:
 
1.
DA State Supplement (1281):
a.  Approval of revised salary schedule for AI 36006 as approved by Commissioners Court on 1/1/2013.
b.  Approval of interdepartmental transfer (AI 36006).
 
2.
Juvenile Department- Probation (1100)/ TJJD (1294):
Approval of revised salary schedules for AI 36040 as approved by Commissioners Court on 1/1/2013.
 
3.
Agrilife- TX Citrus Mutual (1287):
Approval of revised salary schedule for AI 36036 as approved by Commissioners Court on 1/1/2013.
 
4.
IT Department (1100):
a. Approval of revised salary schedule for AI 36035 as approved by Commissioners Court on 1/1/2013.
b. Approval of interdepartmental transfer (AI 36035).
 
5.
Elections (1100):
a. Approval of revised salary schedule for AI 36032 as approved by Commissioners Court on 1/1/2013.
b. Approval of interdepartmental transfer (AI 36032).
 
6.
Co Clerk Record Archive (1100):
Approval of revised salary schedule for AI 36028/ 9. A as approved by Commissioners Court on 1/1/2013.
 
7.
Pct 2 (1200):
Approval of revised salary schedule for AI 36038 as approved by Commissioners Court on 1/1/2013.
 
8.
Pct 3 (1200):
Approval of revised salary schedule for AI 36039 as approved by Commissioners Court on 1/1/2013.
 
9.
a. Approval to reset the salary for the following position promoted after the adoption of the 2013 Budget and in accordance with the Classification and Compensation pay plan before its suspension. Proposed salary to be effective 1/1/13:

Department
Slot#
2013
Position Title
Budgeted
Salary
Proposed
Salary
Variance
 080-002 0099  Criminal Investigator II $52,002 $53,822 $1,820

b. Approval of interdepartmental transfers.

c. Approval of revised salary schedules.
 
24.
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
 
B.
IT Department:
 
1.
Authorization for the use of the County's Justice Court Technology Fund for purchase of equipment, software, services and other related items for the County Constables offices as an extension of their role in supporting the offices of Justices of the Peace.
 
C.
Colonia Access Program Pct. 2
 
1.
a.  Acceptance, and approval of final construction contract #C-CAP-12-207-10-23 (awarded CC-10-23-12) for Val-Bar Subdivision Project between Hidalgo County and REIM Construction Inc.  in the amount of $103,429.61 as submitted through project engineer, R. Gutierrez Engineering Corp.;

b. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".
 
D.
Colonia Access Program Pct. 3
 
1.
Pursuant to Article 3 of Legal Notice to Bidders requesting approval to reject all bids submitted for the following projects:

a.  CAP-12-283-11-28-YSI Road & Drainage Construction for Ramirez, Ramirez II, & Ramirez III Subdivisions;
b.  C-12-284-11-28-YSI Road & Drainage Construction for Randolph Barnett I Subdivisions;
c.  CAP-12-285-11-28-YSI Road & Drainage Construction for Regal Estates Subdivision.
 
 
25.
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.
Claim of Graciela Sanchez 
 
D.
Claim of Mayra Garcia 
 
E.
Claim of Angelica Hernandez 
 
F.
Claim of Alberto Martinez
 
G.
Claim of Edinburg Real Estate Network
 
H.
C-4070-12-F; Maricela Gutierrez v. County of Hidalgo and Joel Quintanilla
 
I.
EEOC Claim No. 31C-213-00121
 
J.
Balderas v Hidalgo County; 7:12-cv-00042
 
26.
Open Session:
 
A.
Real Estate Acquisition and appropriation for same
 
B.
Pending and/or potential litigation
 
C.
Claim of Graciela Sanchez 
 
D.
Claim of Mayra Garcia 
 
E.
Claim of Angelica Hernandez 
 
F.
Claim of Alberto Martinez
 
G.
Claim of Edinburg Real Estate Network
 
H.
C-4070-12-F; Maricela Gutierrez v. County of Hidalgo and Joel Quintanilla
 
I.
EEOC Claim No. 31C-213-00121
 
J.
Balderas v Hidalgo County; 7:12-cv-00042
 
27.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
28.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
29.
Adjourn