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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
April 17, 2007
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.
Open Forum
 
5.
Approval of Consent Agenda
 
6.
Health & Human Services Department - Eddie Olivarez:
 
A.
1. Discussion, consideration, and approval to reclassify (1) one vacant Assistant Billing Coordinator position, slot # 340-003-0031, from Assistant Billing Coordinator to Billing Specialist (title change only) effective next full pay period (04-30-07).
2. Approval of revised salary schedule.
 
B.
Discussion, consideration and approval to purchase three (3) cellular phones with service plan of $33.75/month, from Sprint, for Lydia Serna, Director of Nursing; Consuelo Sanchez, Assistant Director of Nursing; and Dairen Sarmiento, Human Service Director.
 
C.
Requesting authorization and approval to accept the Memorandum of Understanding with the Lower Rio Grande Valley Development Council and Hidalgo County Health Department for the first responder's pharmaceutical cache.
 
D.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
7.
Buildings & Grounds - Daniel Flores:
 
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 occuring since last agenda meeting
 
8.
Office of the County Judge:
 
A.
Approval of Proclamation to proclaim April 2007 to be Child Abuse Awareness and Prevention Month in Hidalgo County.
 
B.
Approval of Proclamation for National Infant Immunization Week
 
C.
Appointment/Re-appointment to the Hidalgo County Housing Authority Board by County Judge
 
9.
Urban County - Diana Serna:
 
A.
The City of Donna is requesting approval of contract with 5 Star Construction in the amount of $168,442.50 for a Water/Sewer Improvement Project utilizing FY's 14, 17, & 18 (2001-2004 & 2005) UCP funds.
 
B.
Requesting approval to cancel application for Benita Davila, due to refusal to abide by Urban County Program's policy.
 
C.
Appointment of Mr. Pete De La Cruz to coordinate compliance for the Urban County Program regarding nondiscrimination requirements contained in the Department of HUD's regulations implementing Section 504 and designated as Fair Housing, Equal Opportunity Standards, and Labor Standard Officer for all Office of Rural Community Affairs (ORCA) and Texas Department of Housing and Community Affairs (TDHCA) projects.
 
D.
Approval of Disclosure and Acquisition Update Reports for all Texas Department of Housing and Community Affairs (TDHCA) and Office of Rural Community Affairs (ORCA) Grants.
 
E.
Requesting approval of Performance Amendment # 3 to the Office of Rural Community Affairs (ORCA) 2004 Colonia Construction Grant # 724065.
 
10.
Elections Administration - Teresa Navarro:
 
A.
Discussion, consideration and approval to purchase fifty-five (55) cellular phones and eighteen (18) data cards for the Elections Department.
 
B.
Elections Service Agreement (conduct of election) between the County of HIdalgo and La Joya, Texas for their City Election to be held May 12, 2007.
 
11.
Right of Way - Joe Pena:
 
A.
Authorization for surveys, title reports, appraisals and acquisition of additional right of way on the McColl Offsite Drainage Project, an addition to the South McColl Road Project approved by Commissioners Court on 10/28/03. 
 
12.
Precinct #1 - Comm. Handy:
 
A.
Approval of Resolution honoring Mr. Robbie Nieto from Donna High School
 
13.
Precinct #2 - Comm. Palacios:
 
A.
1. Discussion, consideration, and approval to create....
  • (2) temporary part-time Attendant positions, slot no.s  122-008-0015 and -0016 and set the rate at $8.50 per hour each, effective next full pay period (04/30/2007). 
  • (2) temporary part-time Lifeguard positions, slot no.s 122-008-0013 and -0014 and set the rate at $9.50 per hour each, effective next full pay period (04/30/07).
2. Approval of revised salary schedule
 
B.
Approval of 2007 interdepartmental transfer (1202) from Pct. #2 Lateral Roads to  Pct. #2 Road & Bridge in the amount of $30,000.00.
 
C.
Approval of 2007 interdepartmental transfer (1202) from Pct. # 2 Lateral Roads to Pct. #2 Owassa Rd (Jackson- R. Longoria) in the amount of $20,000.00.
 
D.
Approval of 2007 Inter-Departmental Transfer (1202) from Precinct No.2 Lateral Roads to Tower Road ROW Acquired in the amount of $60,890.41.
 
E.
Approval of 2007 interfund transfer from C.O., 2004-Precinct 2 (1334) to TXDOT-CR790 (Moore Road Bridge Account) (1315) in the amount of $15,000.00.
 
14.
Purchasing Department - Marty Salazar:
 
NOTES:  
1.  FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES  OF THE CONTRACT(S) WILL BE FORWARDED TO HIDALGO COUNTY AUDITOR'S OFFICE.
2.  ANY/ALL REQUESTS FOR ACCEPTANCE AND APPROVAL OF CLAIMS/INVOICES UNDER THIS AGENDA WILL INCLUDE AUTHORITY FOR AUDITOR TO ISSUE PAYMENT AFTER REVIEW, AUDIT AND PROCESSING PROCEDURES ARE COMPLETED 
 
A.
Hidalgo County
 
1.
New Hidalgo County Jail
 
Total Inmate Population: __________
Physical Count: __________
Males (in house): __________
Females (in house): __________
Out of County Facility: __________
La Villa: __________
Brooks Co. __________
Frio: __________
Other (n/c): __________
Federal Prisoners: __________
Adj./Sentenced to TDC: __________
Total Paper Ready TDC: __________
No. Over 45 Days: __________
Pending Paperwork/Courts: __________
Pending Charges/Courts: __________
 
2.
Current inter-local(s) and/or contract(s) for the "Housing of Inmates"
 
3.
New Adult Detention Facility and Law Enforcement Center Projects:
 
         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
 
4.
Presentation for discussion, consideration and action
 
Including, but not limited to, the following items in connection with County-owned building and property, fka, the Kmart Property: 
        a) General status report by project architect (when necessary) or purchasing department 
        b) other related items
 
5.
Presentation for discussion, consideration and action
 
Including, but not limited to, the following items in connection with construction of a new facility to house the Hidalgo County Adult Probation Dept.:
a)  General status report by project architect (when necessary) or purchasing department
b)  Other related items
 
6.
Presentation for discussion, consideration and action
 
Including, but not limited to, the following items in connection with construction of a new Hon Mario E. Ramirez, Jr. Juvenile Detention Facility:
a)  General status report by project architect (when necessary) or purchasing department
b   Other related items 
 
7.
Presentation for discussion, consideration, and approval to extend RFB No:  2007-056-04-18-VYG-Humane Services for Facility to Quarantine Dogs, Cats, Or Other Small Animals", bid opening date from Wednesday, April 18, 2007 @9:30 a.m. to Wednesday, May 2, 2007 @ 9:30 a.m. so as to have ample time to solicit participation inasmuch as specifications are still being reviewed for release to potential participants.
 
8.
A.  Requesting approval for the B141 AIA Contract for Professional Architect Services with Alcocer Garcia Associates Design Consulting in connection with the design and construction of "Additional Office Space at the Kmart Site."; 
B.  Approval of proposed text (as attached hereto) of building plaque for K-Mart Building as requested by project architect ROFA;.
C.  Action, if applicable, on naming the K-Mart Building and thus adding any additional wording to the building plaque.;
 
9.
Presentation for discussion, consideration, acceptance, and approval for Request of Payment Invoice No. 6409 in the amount of $952.33 from L&G Engineering Lab, LLC, awarded contractor for material testing engineering services for "New Adult Probation Facility," and certified for payment by project architect, Rike Ogden Figueroa Allex Architects. C-06-096-12-20
 
10.
A. Presentation for discussion, consideration, acceptance and approval for the purpose of ranking, by Hidalgo County Commissioners Court as "Qualified", the sole response received (Lava Concepts) to the RFP in connection with "Consulting Services For Sage Systems" for Hidalgo County.

B. 
Requesting authority for Purchasing Department to negotiate a contractwith "Lava Concepts & Consulting" as "Qualified for "Consulting Services" for Hidalgo County.
 
B.
Prct. 1
 
1.
Presentation for consideration, discussion acceptance and approval of Work Authorization #2 in the amount of $1,575.25 with L & G ENGINEERING LABORATORY, LLC for "Construction Material Testing Services for the Mile 20 Reconstruction Project" -Hidalgo County Precinct No. 1,in connection with Contract  C-06-308-07-03.
 
2.
Presentation for consideration, discussion, acceptance and approval of the (AMENDED) Work Authorization #5 in the amount of $ 4,603.18 with Rodriguez Engineering to provide engineering services to Hidalgo County Precinct No. 1 in connection with Contract No. C-06-217-07-18 for "General Engineering Services for the design plans along with construction staking for Champion Lane from (Sittes Road North to Champion Road)"
 
C.
Prct. 2
 
1.
Presentation for discussion, consideration, acceptance, and approval of Requests for Payment:
A) Invoice No. 2208 in the amount of $152,419.39 (McColl Rd. II to Orangewood Rd)
B) Invoice No. 2209 in the amount of $1,913.98 (N. San Juan Park )
C) Invoice No. 2215 in the amount of $18,000 (Tower Rd-Moore Rd-Bailli Rd)
from R. Gutierrez Engineering Corporation, contracted engineer for Precinct No. 2's, "McColl Rd III; N. San Juan Park; Tower Rd" with authority for Auditor to issue payment after review, audit and processing procedures completed .C-05-229-06-21; C-03-167-06-03;C-05-229-06-21
 
2.
A.  Requesting approval for the B141 AIA Contract for Professional Architect Services (Architectural/Engineering Services to be funded by Urban County) with VA Architecture, (as approved for negotiation on CC 1/23/07) in connection with the design and construction of "South Tower Park for Hidalgo Pct. 2"

B.  Requesting exemption from competitive bidding requirements, under Texas Local Govt. Code, Section 262.024(a)(4), professional service, in connection with civil engineering services required for "Construction of South Tower Park for Hidalgo Pct. 2"

C.  Presentation for discussion, consideration and approval to select and engage the services of a firm (based on review of county's approved pool of civil engineering), as recommended by project architect, VA Architecture, with the firm of ______________________ to provide civil engineering services for "Construction of South Tower Park for Hidalgo Pct. 2"

D.  Requesting authority to negotiate a professional service contract with the selected firm of ______________ to provide civil engineering services for "Construction of South Tower Park for Hidalgo Pct. 2"
 
D.
Prct. 3
 
1.
Requesting approval of Change Order No. 1 (decrease) in connection with "Paula Drive Paving and Drainage Improvement" in the amount of $14,700.00 from JM Construction, as recommended by project engineer Javier Hinojosa Engineering, and with authority for County Judge to execute document; C-06-295-11-28
 
2.
Approval of request for Payment Request No. 2 (Final Payment)  in the amount of $41,537.60 from JM Construction, contracted vendor for "Paula Drive Paving & Drainage Improvements" and certified for payment by project engineer Javier Hinojosa Engineering; C-06-181-07-25
 
E.
Prct. 4
 
1.
Presentation for discussion, consideration, acceptance, and approval of Request for Payment for Invoice No. 21 ENG 897 in the amount of $11,450.00 from J. E. Saenz & Associates, Inc. in connection with Contract No. C-00-057-02-01- "Landfill, Closure and CAP Construction, Phase II C" for Precinct No. 4.
 
2.
A.  Requesting discussion, consideration, acceptance and approval of the negotiated B141 AIA Contract form  for Professional Architect Services between Owner (Hdialgo County) and Architect (VA Architecture), as approved for negotiations by CC on 1/16/07 in connection with the design and construction of "New Offices for Hidalgo County Pct. 4."  
B.   Requesting exemption from  competitive bidding requirements, under Texas Local, Goverment Code, Sectiont 262.024 (a) (4), professional service, in connection with civil engineering services required for the  "Construction of New Offices for Hidalgo County Pct. 4."
C.   Pursuant to the architectural services contract, a recommendation (by project architect) to select and engage the services of  (based on the review/evaluation of County's current approved Pool of engineers/firms) the firm of ________________ to provide civil engineer services for "Construction of New Office for Hidalgo County Pct. 4."
D.   Requesting authority to negotiate a professional service contract with the selected firm of ____________________________to provide civil engineering services for "Construction of New Office for Hidalgo County Pct. 4"
 
F.
Health Department
 
1.
Requesting authority to advertise for bids for: " Software to Manage the Hidalgo County Indigent Health Care  Program"    RFB   (7-176)
 
2.
Recommending to reject the sole bid received for this project, and approval to re-advertise as per specifications attached hereto for: "Oral Contraceptive"          (7-072)
 
3.
Presentation for discussion, consideration and approval of a final negotiated proposal from the number one ranked and sole respondent participant so as to enter into a contract with_______________                            , for Professional Licensed Nurse Practitioner project.
 
G.
WIC
 
1.
A.  Recommending of bid award and approval of contract (subject to legal review) to sole bidder meeting all specifications as attached hereto for: "Lease Space WIC Clinic in La Joya"  (7-008)

B.  Recommending of bid award and approval of contract (subject to legal review) to sole bidder meeting all specifications as attached hereto for "Lease Space WIC Program Off Premises Storage Area"  (7-009)

C.  Recommending of bid award and approval of contract (subject to legal review) to sole bidder meeting all specifications as attached hereto for: "Lease Space WIC Clinic in City of Pharr"  (7-010) 
 
H.
Elections Department
 
1.
Agenda Item 3394 has been deleted. Please remove this line from the agenda.
 
2.
Pursuant to correspondence (attached hereto) received from the Elections Department, requesting approval to remove the following asset #45455 from inventory list (stolen iVotronic voting machine & printer).
 
3.
A.     Requesting exemption from competitive requirements under Texas Local Government Code, Section 262.024 (a) (7), "an item that can be obtained from only one source" in connection with the purchase of proprietary components to the current Hidalgo County Voting System Machines and peripherals;

B.     Approval of a Sole Source Declaration with authority to purchase from  Election Systems & Software, Inc. (ES&S) Flash Card Gang Burner(s) (a propietary component of the iVotronic Voting System) with a unit price not to exceed $7,500.00 each.
 
I.
Co. Wide
 
1.
HIDALGO COUNTY RE: REAL ESTATE ACQUISITIONS –
Requesting authority to obtain and approval of (when applicable), including, but not limited to, the following items necessary in anticipation of real property/estate acquisition(s): fair market value appraisals, inspections, surveys, all phases-environmental assessments, title reports or title policies services, commercial contracts (improved property) or option contracts with authority for County Auditor to issue required earnest money payment(s) or option payment(s) and County Judge or Presiding Officer to execute necessary/required document(s)
 
2.
Requesting authority to purchase computer equipment, software and peripherals from State Awarded vendors through our  participation with TBPC  or Cooperative Purchasing Programs for the following:
REQ. DEPARTMENT VENDOR AMOUNT ACCOUNT NUMBER
108212 Pct. #1 CDW  
82.29
7-1211-452-00-121-013-0-665 
108221 Pct. #1  CDW 
1,331.06
7-1211-452-00-121-013-0-665 
108243 I.T. Dept.   CDW 
 37.31
542.00
7-1100-415-00-200-002-0-601
7-1242-412-00-060-001-0-665
108375 Sheriff's Office CDW 
1,218.00
7-1100-421-00-280-001-0-665 
108547 District Attorney   CDW
1,980.00
 7-1223-412-00-080-007-0-747
108387  I.T. Dept. CDW 
1,869.99
7-1100-415-00-200-002-0-743 
107930 Tax Office  CDW 
 1,369.07
7-1100-415-15-140-001-0-661
 108335 Planning Dept.   DLT Solutions 
427.52
 7-1100-419-10-210-001-0-336
 
J.
Colonia Access Program Pct. 2
 
1.
Presentation for discussion, consideration, acceptance and approval (through project engineer. R. Gutierrez Engineering, Inc.) of Payment No 3 in the amount of $5,989.50 and Payment of Retainage $19,453.66 submitted by J.M. Construction Corp in connection with contract C-CAP-06-003-08-01 "Road Construction of "Alamo Orchards Subdivision(s)"
 
K.
Adult Probation
 
1.
Presentation for consideration, discussion and approval for Hidalgo County to exercise its option to terminate (under Article 1.2) with Four J Company by giving thirty (30) day written notice due to the relocation of office space to the new Adult Probation Department by the 31st of May, 2007.
 
15.
Budget & Management - Valde Guerra:
 
A.
Health Insurance Division:
1. Discussion, consideration and approval to transfer $ 716,794.96 to Hidalgo County Insurance claims bank account for Health claims for the periods: 
March 20, 2007 thru March 26, 2007 $ 385,057.15
March 27, 2007 thru Apri 02, 2007        $ 331,737.81
  $ 716,794.96
2. Approval of wire transfer to cover the claims paid.
 
B.
Workers' Compensation Self-Insurance (2202):
Approval of reimbursement to the Hidalgo County Workers' Compensation Claims paying account for claims paid by Tristar Risk Management in the amount of $ 70,724.56 for the period of 03/16-31/07 and requesting approval of wire transfer.
 
C.
Fire Marshal's Office:
Discussion and approval of the following Year 2007 Rural Emergency Services Contract:
1.)  City of Alton
 
D.
Indigent Health Care Program (UPL):
1. Discussion, consideration, and approval to transfer the following amounts to the County of Hidalgo Medicaid Supplemental Program Escrow Acct. No. 1 for Indigent Health Care expenditures:
check register 04/17/2007 amount not to exceed $32,581.12
check register 04/18/2007 amount not to exceed $159,627.64
 
2.  Approval of wire transfer to cover the claims to be paid.
 
E.
430th District Court:
1. Approval of interdepartmental transfer from County Wide Administration to 430th District Court in the amount of $250,666.00
2. Discussion, consideration and approval to create slot numbers 010-001-0001, -0002, -0003, -0004 and -0005 as follows:
slot 0001 - District Judge and set annual salary at $13,418.00
slot 0002 - Court Coordinator and set annual salary at $65,000.00
slot 0003 - Assistant Court Coordinator and set annual salary at $40,000.00
slot 0004 - Court Reporter and set annual salary at $65,000.00
slot 0005 - Bailiff/Interpreter and set annual salary at $40,000.00
3. Approval of Auto Allowance and Interpreter Pay Allowance in the total amount of $12,000.00
4. Approval of salary schedule.
 
F.
Requesting authorization and approval to transfer General Fund lapse salaries & related fringe benefits from various departments to the County Wide Administration Contingency account. Note: Sweep includes salaries, FICA and retirement
 
G.
Approval of interfund transfer from County Wide Administration (1100) to Court Reporter Fund (1239) in the amount of $16,500.00.
 
H.
Approval of Amendment of Earnest Money Contract - LJ Family Limited Partnership, Lloyd J. "Bob" Roberts, and Davis Mitchell Roberts
 
I.
Safety Division:
Acceptance of monthly installment of $500 per month from Robert M. Garcia to settle $2,999.50 for stolen Electronic Voting Machine from his residence on 10/21/06.
 
J.
Health Insurance Division:
Discussion, consideration and action on ASO Appeal #80160279700
 
K.
1.  Discussion, consideration, acceptance and approval of Advance Funding Agreement Amendment # 1 for the Hidalgo County Loop - S.E. Portion from  US 83 to US 281 (Military Road).  
2.  Authority for County Judge to sign the required document(s): Advance Funding Agreement Amendment # 1
 
L.
Sheriff's Office:
1. Discussion, consideration, and approval to create one (1) new regular full-time Special Projects/ Procurement Specialist position, slot number 280-005-0001 and set annual salary at $39,000.00 effective next full pay period (04/30/2007).
2. Approval of revised salary schedule.
 
M.
Approval of 2007 interdepartmental transfer (1311) from Border Colonia Access Program Round II La Palma Subd. streets to Old Rebel Heights II Subd. streets in the amount of  $32,000.00.
 
N.
Approval of interdepartmental transfer from County Wide Administration to Health & Human Services Department in the amount of $165,390.00.
 
O.
Approval of 2007 interdepartmental transfer from County Wide Administration to District Clerks Department in the amount of $60,000.00.
 
P.
Approval of appropriation of funds for Organized Crime Drug Enforcement Task Forces (1284) in the amount of $150,000.00.
 
Q.
Approval to unappropriate funds from Precinct #2 Road and Bridge Fund (1202) in the amount of $30,898.32.
 
R.
Approval of 2007 interdepartmental transfer (1100) from County Wide Administration to Computer Department in the amount of $245,000.00.
 
S.
Approval of interdepartmental transfer from County WIde Contingency to Elections Department in the amunt of $ 32,800.00
 
T.
Approval of 2007 interdepartmental transfer from County Wide Administration to County Treasurer Department in the amount of $32,800.00.
 
U.
Approval of 2007 appropriation of 2004 C.O. funds (1334) to County Wide Shop in the amount of $115,000.00.
 
V.
Safety Division:
1. Discussion, consideration and approval to reimburse the Hidalgo County Property & Casualty Claims Fund Bank Account for claims paid by Tristar Risk Management in the amount of $3,860.18 for the period starting February 1, 2007 and ending February 28, 2007.
2. Approval of wire transfer to cover the claims paid.
 
W.
Veteran's Office:
1.  Discussion, consideration, and approval to budget auto allowance for one Admin Asst VSO position, (vacant) slot no. 370-001-0003, effective next full pay period (04-30-07).
2. Approval of interdepartmental transfer
3. Approval of revised salary schedule
 
16.
Closed Session:
 
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.074 to discuss the following:
 
A.
Real Estate Acquisition
 
B.
Consultation with Attorney on litigation associated with New Adult Detention Facility & Law Enforcement Center Project
 
C.
Pending and/or potential litigation
 
D.
Closed Session
Rosita Rosas, Individually and as Representative of the Estate of Leeroy Gonzalez vs Deputy David Garza, Deputy Ralph Maldonado, and the County of Hidalgo
 
E.
Closed Session:
Marcial Vasquez, Guadalupe Vasquez and Manuel Silva vs. Hidalgo County Sheriff Department and Ernestina Molina Garcia
 
F.
Discussion of job duties and evaulation of Hidalgo County Buildings & Grounds Director
 
17.
Open Session:
 
A.
Real Estate Acquisition
 
B.
Consultation with Attorney on litigation associated with New Adult Detention Facility & Law Enforcement Center Project
 
C.
Pending and/or potential litigation
 
D.
Rosita Rosas, Individually and as Representative of the Estate of Leeroy Gonzalez vs Deputy David Garza, Deputy Ralph Maldonado, and the County of Hidalgo
 
E.
Marcial Vasquez, Guadalupe Vasquez and Manuel Silva vs. Hidalgo County Sheriff Department and Ernestina Molina Garcia
 
F.
Discussion and action on job duties & evaluation of Hidalgo County Buildings & Grounds Director
 
18.
Closed Session:
 
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
19.
Open Session:
 
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
20.
Adjourn