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AGENDA HIDALGO COUNTY COMMISSIONERS COURT MEETING October 22, 2013 9:30 A.M. |
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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.
Open Forum
6.
County Judge's Office:
A.
Resolution in support of Proposition 6 - a constitutional amendment that establishes a State Water Implementation Fund for Texas (SWIFT)
B.
Discussion, consideration, and action to amend the Hidalgo County Tax Increment Reinvestment Zone (TIRZ) Policy.
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
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
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.
Status update by RMA regarding the development of SH 365 in Western Hidalgo County including the following:
1. Status of the Vehicle Registration Bond Sale
2. Interlocal Agreement between HCRMA and City of Mission (from Anzalduas Hwy (FM396) to Conway Ave. (FM 1016)
1. Status of the Vehicle Registration Bond Sale
2. Interlocal Agreement between HCRMA and City of Mission (from Anzalduas Hwy (FM396) to Conway Ave. (FM 1016)
D.
Discussion, consideration and action to act on compliance with Chapter 59 Asset Forfeiture reporting requirements
E.
Approval to accept check from Travelers Insurance Company in the amount of $9,359.94 for reimbursement of amount exceeding SIR in connection with claim of Carla Davis
F.
Request by American Legion Post 408 to use the courthouse square parking lot for the Veteran's Day Parade to be held on Saturday, November 2, 2013 (8-11am)
G.
Discussion, consideration and action to designate an area as allowed by Chapter 51 of the Property Code, (other than the Courthouse) to conduct public sale of real property at auction
8.
Health & Human Services Department - Eddie Olivarez
A.
Public Hearing to consider public comment on proposed 3-year projects to be included on the Regional Healthcare Partnership Plan for Region 5 prior to submission to the Texas Department of Health & Human Services Commission (HHSC) on or before October 31, 2013.
B.
1. Approval of Waivers of Contract Provision from the Texas Department of State Health Services. DSHS is waiving the requirement that Contractor must submit payment requests electronically as set forth in the DSHS grant contracts for FY 2014.
2. Approval for County Judge to sign waivers.
2. Approval for County Judge to sign waivers.
C.
Health Care Funding District:
1.
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures
D.
Indigent Health Care Program:
1.
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures
9.
Adult Probation - Arnold K. Patrick:
A.
DWI Court Grant (1297):
1. Approval of certification of revenue as certified by the County Auditor for the DWI Court grant.
2. Approval of appropriation of funds in the amount of $142,819.20.
3. Approval to authorize the decrease/ removal of supplemental pay allowance for the following employees:
4. Approval of salary schedule.
1. Approval of certification of revenue as certified by the County Auditor for the DWI Court grant.
2. Approval of appropriation of funds in the amount of $142,819.20.
3. Approval to authorize the decrease/ removal of supplemental pay allowance for the following employees:
| Action | Dept | Slot # |
Emp # |
Position Title |
Current Allow. Amount |
Proposed Allow. Amount |
| Decrease | Crim. DA (1100) |
0026 | 127531 | Assistant D.A. IV | $9,910.00 | $9,837.00 |
| Remove | 139th DC (1100) |
0002 | 020524 | Court Coordinator | $6,395.00 | -0- |
| Remove | 139th DC (1100) |
0004 | 088439 | Assistant Court Coord. | $6,395.00 | -0- |
4. Approval of salary schedule.
B.
Veterans Court Grant (1297):
1. Approval of certification of revenue as certified by the County Auditor for the Veterans Court Grant.
2. Approval of the appropriation of funds in the amount of $84,074.52.
1. Approval of certification of revenue as certified by the County Auditor for the Veterans Court Grant.
2. Approval of the appropriation of funds in the amount of $84,074.52.
10.
Urban County - Diana Serna:
A.
1. Hold a Public Hearing to consider public comments for Hidalgo County Precinct No. 3's proposed budget and program amendment for Forfeited and Recaptured Funds for fiscal years (2004, 2008, 2010, 2011, 2012, & 2013) and surplus funds in fiscal year (2009). The proposed amendment will increase Street Improvements funding and add bridge improvements to Mile 2.
2. Requesting approval of a budget and program amendment for Hidalgo County Precinct No. 3 for Forfeited and Recaptured Funds for fiscal years (2004, 2008, 2010, 2011, 2012, & 2013) and surplus funds in fiscal year (2009). The proposed amendment will increase Street Improvements funding and add bridge improvements to Mile 2.
2. Requesting approval of a budget and program amendment for Hidalgo County Precinct No. 3 for Forfeited and Recaptured Funds for fiscal years (2004, 2008, 2010, 2011, 2012, & 2013) and surplus funds in fiscal year (2009). The proposed amendment will increase Street Improvements funding and add bridge improvements to Mile 2.
B.
Urban County Program on behalf of the City of Weslaco is requesting consideration and action to award and enter into a construction contract with J Con Construction, LLC for a public facility (library restroom renovation) project located within the City of Weslaco. Total contract amount of $82,500.00 utilizing UCP - City of Weslaco FY's 24 & 25 (2011 & 2012) public facility funds.
C.
Urban County Program on behalf of the Precinct No. 1 is requesting authority to purchase fire station equipment for the Monte Alto Volunteer Fire Department. Purchase will be made from Casco Industries, Inc. (contract # 363-10) an approved vendor through Hidalgo County's membership and participation with Buy Board. The total amount of purchase is $13,395.51 (quote attached) for the Monte Alto Volunteer Fire Department funded thru FY 23 & 24 (2010 & 2011) Precinct No. 1 – Fire Station/Equipment line item.
D.
1. Urban County Program for Precinct No. 2 is requesting consideration and action to award and enter into a construction contract with FJW Construction (lowest bidder meeting all specifications and/or requirements) for the Texas General Land Office Round 2.1(GLO Contract No. 12-406-000-6453) in the amount of $3,688,306.84. The project consists of flood and drainage improvements within Precinct No. 2, Hidalgo County, Texas, from west Cage Boulevard to the USIBWC Floodway Levee.
2. Hidalgo County Precinct No. 2 commits $331,058.00 to undertake drainage improvements for the completion of the GLO Contract 12-406-000-6453/DRS210068 South Fork Drain project
2. Hidalgo County Precinct No. 2 commits $331,058.00 to undertake drainage improvements for the completion of the GLO Contract 12-406-000-6453/DRS210068 South Fork Drain project
E.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Professional Surveying Services;
2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) surveying service firms from the County's approved "pool" as graded and evaluated by the Precinct No. 3, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program GLO Contract No. 12-406-000-6453/DRS210068 Penitas Drain project.
2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) surveying service firms from the County's approved "pool" as graded and evaluated by the Precinct No. 3, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program GLO Contract No. 12-406-000-6453/DRS210068 Penitas Drain project.
| Surveyor | Grade | Ranked |
| CVQ Land Surveyors | 96 | |
| Dos Land Surveying | 94.3 | |
| R. Gutierrez Engineering Corp. | 92.6 |
3. Authority to negotiate a professional surveying service contract with the No. 1 ranked firm of ____________________________ for the provision of Surveying Services for the Precinct No.3 – Penitas Drain Project.
11.
Elections Administration - Yvonne Ramon:
A.
Approval of Full Contract for Election Services between Hidalgo County and the City of McAllen for their election to be held on November 5, 2013.
12.
Head Start Program - Teresa Flores:
A.
Discussion, Approval and Appointment of One (1) Community Representative by Each Member of the Commissioners' Court to Serve on the Hidalgo County Head Start Program Policy Council, for a One (1) Year Term According to 45 CFR Chapter XIII, 1304.50(b)(1)-(b)(7) Beginning October 2013 (Commissioner Hector "Tito" Palacios)
13.
Auditor's Office - Ray Eufracio:
A.
Discussion, consideration, and approval for the County Auditor's Office to conduct an audit of the Chapter 59 Asset Forfeiture Report prepared by the Hidalgo County District Attorney's Office for fiscal year 2013 pursuant to the Chapter 59 Asset Forfeiture Report requirements.
14.
Precinct #2 - Comm. H. Palacios:
A.
Requesting acceptance and approval of Work Authorization No.7 (with estimated cost of #17,569.50) as submitted by Millennium Engineers Group, Inc (Contract #C-13-185-06-18) for Construction Material Engineering Services for Border Road (Ridge - El Gato Rd) Project.
15.
Budget & Management - Sergio Cruz:
A.
1. Status update regarding the Delinquent Fees and Fines Program
2. Discussion, consideration and approval to impose a $20.00 Scofflaw fee to District Courts and County Courts at Law cases with outstanding balances over (90) days.
2. Discussion, consideration and approval to impose a $20.00 Scofflaw fee to District Courts and County Courts at Law cases with outstanding balances over (90) days.
B.
Budget Appropriations:
1.
A. Approval of certification of revenues, as certified by the County Auditor, for proceeds from the Raymondville Drainage project to Hidalgo County DD No.1
B. Approval of 2013 appropriation of funds in the amount of $872,800.00, for WA#1 for Mile 3 (FM492 to FM 2221) project.
B. Approval of 2013 appropriation of funds in the amount of $872,800.00, for WA#1 for Mile 3 (FM492 to FM 2221) project.
2.
A. Approval of certification of revenues, as certified by the County Auditor, for proceeds from the sale of assets to Hidalgo County DD No.1
B. Approval of 2013 appropriation of funds in the total amount of $338,950.03 for the building renovation/repairs to Restitution Center on 1124 M Road in Edinburg, Texas.
B. Approval of 2013 appropriation of funds in the total amount of $338,950.03 for the building renovation/repairs to Restitution Center on 1124 M Road in Edinburg, Texas.
3.
Pct.4 Linn San Manuel Emergency Facility:
A. Approval of Certification of Revenues as certified by the County Auditor for the proceeds from the sale of land, also referred to the Aguilar and Dickerson Ponds to the Hidalgo County DD NO.1.
B. Approval of 2013 appropriation of funds in the total amount of $78,000.00
A. Approval of Certification of Revenues as certified by the County Auditor for the proceeds from the sale of land, also referred to the Aguilar and Dickerson Ponds to the Hidalgo County DD NO.1.
B. Approval of 2013 appropriation of funds in the total amount of $78,000.00
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.
A. Requesting approval to declare the items listed in Exhibit "A" (office furniture, equipment and vehicles) attached herein as surplus for the purpose of sale through auction (scheduled for 11-06-2013) in accordance with Texas Local Government Code 263.152 (a)(1), and, in the event "no bids" received;
B. Pursuant to Texas Local Government Code, 263.151(1) and/or 263.152(a)(3), Commissioners Court proceed to:'...order any of the property to be destroyed or otherwise disposed of as worthless in as much as the sale of said items CC undertook to sell (under Subdivision (1) at auction on 11-06-2013 resulted in no bids were received;
C. Requesting authority to publish advertisment for the auction of surplus equipment and vehicles scheduled for 11-06-2013, including but not limited to Seized, Abandoned and Unclaimed Property or additional and/or necessary auctions.
B. Pursuant to Texas Local Government Code, 263.151(1) and/or 263.152(a)(3), Commissioners Court proceed to:'...order any of the property to be destroyed or otherwise disposed of as worthless in as much as the sale of said items CC undertook to sell (under Subdivision (1) at auction on 11-06-2013 resulted in no bids were received;
C. Requesting authority to publish advertisment for the auction of surplus equipment and vehicles scheduled for 11-06-2013, including but not limited to Seized, Abandoned and Unclaimed Property or additional and/or necessary auctions.
2.
Approval of an Amendment (reflecting an increase on the construction cost) to the current agreement between Hidalgo County and Prodigy Construction Management, LLC for the "Remodeling and Renovations of the 1st and 2nd Floor for the Former Administration Building." C-13-276-09-11
B.
Pct. 1
1.
Pct.1 – Claims/Invoices ASG, LLC
Requesting approval of the following claims/invoices with authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor.
Requesting approval of the following claims/invoices with authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor.
| VENDOR NAME | INVOICE NO. | INVOICE DATE | TOTAL AMOUNT | ACCOUNT NO. |
| ASG SECURITY | 22972910 | 10/01/2013 | $23.45 | 3-1100-452-00-121-013-0-413 |
C.
Pct. 2
1.
Discussion, consideration, and action on a recommendation by R. Gutierrez Engineering Corporation, to award to lowest bidder meeting all specification as listed: RDH Site & Concrete Company of Pharr, Texas in the amount of $297,936.13 for RFB 2013-250-09-04-YZV - "Road & Drainage Construction for Rancho Blanco Road".
2.
Approval of the following with Dos Logistics, Inc. contracted vendor for the Pct 2 Minnesota Drain Project as submitted through project engineer Ramiro Gutierrez ( Contract No. 10-5066-000-5043):
a. Retainage Release in the amount of $39,133.35;
b. Certificate of Construction Completion reflecting the date of May 6, 2013.
a. Retainage Release in the amount of $39,133.35;
b. Certificate of Construction Completion reflecting the date of May 6, 2013.
3.
Requesting authority to advertise with approval of preliminary plans and specifications as developed by project architect ERO Architects for the project: Hidalgo County Precinct No. 2 - Equipment & Maintenance Facility, as requested by the Office of Commissioner Tito Palacios and concurred by Raul Sesin, P.E. (RFB No. 2013-096A-11-13-MSS).
D.
Pct. 3
1.
a. Acceptance and approval to execute the final form of a Professional Engineering Agreement with L&G Engineering, for "Mile 3 Road (from FM 492 to FM 2221),"as approved for negotiations on CC 9/17/13.
b. Acceptance and approval of Work Authorization No. 1 (with an estimated cost of $872,800.00) as submitted by project engineer, L&G Engineering for engineering services for "Preparation for the Environmental Assessment, Public Involvement, Schematic and Hydrologic Design for the Mile 3 project from FM 2221 to FM 492" within Hidalgo County Pct. No. 3 through Contract #C-13-305-10-07.
E.
Pct. 4:
1.
Recommendation by project architect, Dannenbaum Engineering, for Commissioners' Court to award the Base Bid with Alternates 1 and 2 to lowest bidder meeting all specifications, NM Contracting, LLC in the total amount of $462,951.00 for the project: Hidalgo County Precinct No. 4 "Building Repairs/Renovations, Additions and/or Alterations to Restitution Center at 1124 "M" Road in Edinburg, TX" (Bid No. 2013-234A-10-09-MSS).
F.
Constables
1.
Requesting approval of agreement(s) if applicable for "Computer Assisted Investigative On-line Research Services" with West a Thomson Reuter Business for Hidalgo County thru RFSQ 2013-232-07-31-MEG, for 1 User - Constable Pct 4 (1st Year) 120.00 per month (2nd Year) 126.00 per month (3rd Year) 132.30 per month.
G.
HIDTA
1.
Requesting approval of agreement(s) if applicable for "Computer Assisted Investigative On-line Research Services" with West a Thomson Reuter Business for Hidalgo County HIDTA thru RFSQ 2013-232A-07-31-MEG, for 2 Users - (1st Year) 240.00 per month (2nd Year) 252.00 per month (3rd Year) 264.60 Per Month
H.
IT Department:
1.
Authorization for the use of the County's Justice Court Technology Fund for the purchase of technological equipment for the JP offices.
2.
Requesting approval to correct total amount of $16,852.00 to $16,853.00 from approved agenda on 5/7/13, on the client support and software update service agreement with Tyler Technologies, Inc.
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.
Pending and/or potential litigation
C.
Planned Parenthood, et al v. Greg Abbott, Attorney General for the State of Texas, Rene Guerra, Hidalgo County District Attorney, et al
D.
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Domain
E.
Claim of Maria E. Gonzalez
F.
Claim of Candido Bocanegra
G.
Claim of Leonor Ortiz Torres & Yessica Rojas Ortiz
18.
Open Session:
A.
Real Estate Acquisition and appropriation for same
B.
Pending and/or potential litigation
C.
Planned Parenthood, et al v. Greg Abbott, Attorney General for the State of Texas, Rene Guerra, Hidalgo County District Attorney, et al
D.
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Domain
E.
Claim of Maria E. Gonzalez
F.
Claim of Candido Bocanegra
G.
Claim of Leonor Ortiz Torres & Yessica Rojas Ortiz
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