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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
October 14, 2008
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.
Approval of Consent Agenda
 
5.
Commissioners' Court 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.
Presentation, discussion, and appropriate action regarding disaster recovery activities related to Hurricane Dolly including. but not limited to the following:
1. Contractors (i.e. AshBritt, Beck Disaster Recovery, etc.)
2. FEMA or other agency applications for Public Assistance or other sources/avenues/methods of reimbursements 
 
C.
Discussion, consideration and action on 457 Plan Hardship withdrawl request for employee #070602, 089761 & 112038.
 
D.
Discussion, consideration, and approval to submit request for funds (Unclaimed Capital Credits) from the Texas Comptroller of Public Accounts as authorized under Section 74.602 of the Texas Property Code, with authority for County Judge to sign the request.
 
E.
Consideration and approval of an order authorizing issuance, sale and delivery of Two Hundred Twenty Five Thousand Dollars ($225,000) Hidalgo County, Texas Tax Notes, Series 2008; payable from the levy of a direct and continuing annual ad valorem tax within the limits prescribed by law as authorized pursuant to Chapter 137, Acts of 73rd Legislature, Regular Session 1993 (Government Code Section 1431.001 et. seq.); prescribing the terms and form thereof; providing for the payment of the principal thereof and interest thereon; and making other provisions regarding such notes and matters incident thereto.
 
F.
1.  Discussion, consideration and action regarding funding request from Children's Advocacy Group (dba Estrella's House).
2.  Discussion, consideration, and action on Declaration of Support to Children's Advocacy Center (dba Estrella's House) by the County of Hidalgo.
3.  Approval of 2008 appropriation of funds for the Child Advocacy Center (1100) in the amount of $30,000.00.
4.  Authorize County Treasurer/Auditor to issue check in the amount of $30,000.00 to Children's Advocacy Center (dba Estrella's House).
 
G.
1. Authorization for County Treasurer to issue payment to Ashbritt Environmental, Inc. for invoices totaling $2,060,156.25 after Auditor review and audit procedures have been completed.
2. Approval and authorization to appropriate $515,039.07 (25% of of Ashbritt Invoices) from General Fund unreserved fund balance as per Texas Local Government Code Section 111.070 to address emergency expenditures related to Hurricane Dolly.
3. Approval and authorization to set up a receivable in the amount of $1,545,117.19 which represents a 75% reimbursement from FEMA and or Local Jurisdictions for debris removal and water extraction services.
 
H.
1.  Acceptance of Notice of Separation from the county submitted by Pct. #5 Constable, Eduardo Bazan for the purpose of Retirement Benefits 
2.  Appointment of Constable Pct. #5 as per Section 87.041 of the Local Government Code
 
6.
Health & Human Services Department - Eddie Olivarez:
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
B.
Indigent Health Care Program:

1. Approval to pay invoices submitted by UTMB Faculty Group Practice for health care services provided to the Indigent Health Care Program in the amount of $266.00 with authority for County Treasurer to issue check after review, audit and processing procedures are completed by the County Auditor.

2. Approval of 2008 interdepartmental transfer within the Indigent Health Care Program (1249) from program 004 to program 003 in the amount of $266.00.
 
7.
Office of The County Judge:
 
A.
Approval of Proclamation recognizing October as Breast Cancer Awareness Month in Hidalgo County.
 
B.
Approval of Proclamation honoring Eugene Gutierrez.
 
C.
Discussion, consideration, and approval of modifications to the Interlocal Agreement for the City of Penitas Tax Increment Reinvestment Zone #1 approved by Commissioners' Court on February 14, 2005.
 
8.
Emergency Services Division - Tony Pena:
 
A.
Approval of 2008 interdepartmental transfer from various fire departments to Alamo Fire Department (program 002), Alton Fire Department (program 003), Donna Fire Department (program 004), Edcouch Fire Department (program 005), Edinburg Fire Department (program 006), Elsa Fire Department (program 007), La Joya Fire Department (program 009), and Linn-San Manuel Fire Department (program 011) in the total amount of $78,856.00 (1100) .
 
B.
Approval of Resolution to adopt the Hazard Mitigation Action Plan.
 
9.
District Attorney's Office - Roy Cazares:
 
A.
Discussion and/or clarification regarding slot # 080-007-0082 approved by Comm. Court on 06/17/08 as a temporary position; requesting approval as a regular full time/limited duration position as originally requested.  Position is funded by DA Investigation-HB 65 Fund.
 
10.
Planning Dept. - Raul Sesin:
 
A.
1. Preliminary Approval:
    a.  Ash Subdivision - Pct. 1 (Roger Beethel)
    b.  Elite Village Subdivision Phase I - Pct. 3 (Laura Coffman)
    c.  Bentsen Heights Subdivision - Pct. 3 (Eduardo Sanchez) 
    d.  The Estates of Santa Cruz Ranches No. 2 - Pct. 4 (Kyle Ruppert)

2. Reimbursement of a Cash Deposit:
    a.  Adile Subdivision - Pct. 4 (Roy & Elida Luna)

3. Discussion regarding drainage issues as it pertains to new subdivision development

4. Update on Street Light Program authorized by House Bill 573
 
11.
Urban County - Diana Serna:
 
A.
The Urban County Program is requesting approval and award of contract with Centerline Construction in the amount of $46,809.50 for the Water/Sewer Improvements Project in the City of Donna utilizing Years 17-19 (2004-2006) funds.
 
B.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services in connection with Hidalgo County Urban County Program from Program Year 18 & Year 21 (2005 & 2008) for a Water/Sewer Improvement Project in the City of Elsa;
 
2. Presentation of the scoring grid of at least three (3) engineering firms from the County's approved "pool" as graded and evaluated by the Precinct No. 1, Urban County Program and Hidalgo County Purchasing Department for the purposes of ranking by CC in connection with an Urban County Program Water/Sewer Improvement Project in the City of Elsa;
 
a._________________; b._________________; c._________________;

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of _____________________ for the provision of engineering services for an Urban County Program -City of Elsa Water/Sewer Improvement project.
 
C.
The Urban County Program requests approval to amend the Subrecipient Agreement with Mujeres Unidas - Women Together (Battered & Abused Spouses) for Urban County Program Year 21 (2008).
 
D.
The Urban County Program requests approval to amend the Subrecipient Agreement with La Union Del Pueblo Entero (Public Service) for Urban County Program Year 21 (2008).
 
E.
The Urban County Program is requesting authority to purchase fire station equipment from Casco Industries, Inc. in the amount of $49,570.00 for the Edcouch Fire Department utilizing Year 20 & 21 (2007 & 2008) Fire Station / Equipment funding.
 
F.
The Urban County Program on behalf of Precinct No. 1 requests authorization to assign recreational equipment and supplies from the Delta Youth Center to Hidalgo County Precinct No. 1.
 
12.
Indigent Defense - Isidro Sepulveda:
 
A.
1. Requesting authorization and approval to submit the grant application and resolution to the Texas Task Force on Indigent Defense for the Indigent Defense Formula Grant in the amount of $330,685.00

2. Authorization for County Judge to sign the required documents.
 
13.
Right of Way - Joe Pena:
 
A.
Authorization for suveys, metes & bounds, title reports, appraisals and acquisition of additional Right of Way South I Road/ South Fork Estates - for Drainage purposes as approved by CC 9/9/08.
 
B.
Authorization for survey, metes & bounds, title reports, appraisals and acquisition of additional right of way on Val-Mex Drive- From 10th Street approximately 2439' to the west of canal - Approved by CC 8/26/08.
 
14.
Precinct #2 - Comm. Palacios:
 
A.
Approval of 2008 appropriation of funds for Tower Road (1202) in the amount of $159,169.66.
 
B.
Pct#2 - Sanitation:
1.  Approval to create three (3) new permanent full-time Solid Waste/Code Enforcement Officer positions slot #'s 122-001-0023, 0024, & 0025.  Budgeted salary as per the Law Enforcement Step & Grade Plan.

2.  Approval of revised salary schedule.
 
15.
Precinct #4 - Comm. Garza:
 
A.
Request Authorization To Name Roads Located Within Lakeview Subdivision As Follows:
1.  CR4027: Rio Red Cirlce S.
2.  CR4029: Rio Red Lane
3.  CR4031: Rio Red Lane
4.  CR4033: Rio Red Circle N.
5.  West Side Rd: Rio Red Circle W.
 
B.
Pct. No. 4- Drainage Improvement Project:
1.  Approval to create the following nine (9) new permanent full time Non-Exempt positions to be funded from Pct. 4 2008 C.O. Series allocation:

Slot No. Position Title Budgeted Salary
0003 Excavator - Heavy Equipment Operator $38,500.00
0004 Excavator - Heavy Equipment Operator $38,500.00
0005 Backhoe - Heavy Equipment Operator $29,500.00
0006 Backhoe - Heavy Equipment Operator $29,500.00
0007 Bulldozer - Heavy Equipment Operator $29,500.00
0008 Pipe Layer/Fitter $25,000.00
0009 Pipe Layer/Fitter $25,000.00
0010 Laborer - Drainage/Construction $20,000.00
0011 Laborer - Drainage/Construction $20,000.00

2.  Approval of revised salary schedule.

Road & Bridge:
1.  Approval to create one (1) permanent full time Non-Exempt Office Clerk/Receptionist position slot #124-007-0052, set budgeted salary @ $16,640.00
2.  Approval of revised salary schedule.
 
16.
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.
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.
Presentation of bids received for the purposes of award for: "Hidalgo County-Paving Improvements (Curb-Gutter-Sidewalks-Green Areas) at 201-217 N. Closner, Edinburg, TX" (RFB No. 08-111A) to the lowest responsible bidder meeting all specifications including bid price clarification, as attached hereto, and as recommended by project engineer Quintanilla, Headley & Associates, Inc.
 
5.
Presentation for discussion, consideration, acceptance, and approval of payment of Invoice No. 5 (1st  & 2nd floor) in the amount of $28,125.00, from Alcocer Garcia Associates Design Consulting, contracted architect for the, "Remodel of Existing Old Administration Building." C-08-131-08-07
 
6.
Presentation for discussion, consideration, acceptance and approval of invoices submitted by Palm Valley Animal Center for the months of August and September 2008 with a total amount of $33,333.34 for services required by Hidalgo County to comply with the enforcement of Texas Health and Safety Code (THSC), Chapters 823 and 826 and in accordance with the Texas Board of Health pursuant to Article 4477-6(a) or other applicable State or County regulations related to Animal Control after review, audit and processing procedures are completed by the Auditor's office with authority for County Treasurer to issue payment.
 
7.
Pursuant to Tx. Local Gov't Code, Chapter 262.026(a), approval to extend proposal opening/acceptance date for RFP NO: 2008-057-10-15-VYG-Certified Technical Supervisor For Hidalgo County's Alcohol Breath Test Program from Wednesday, October 15, 2008  to Wednesday, October 29, 2008, so as to permit the distribution of complete procurement packets. 
 
8.
a. Approval to create one (1) new permanent full-time Buyer II position, slot 160-001-0027 at $41,949.00 per year.
b. Approval to create one (1) new permanent full-time Inventory Control Specialist position, slot 160-001-0028 at $38,220.00 per year.
c. Approval to transfer one (1) permanent full-time Buyer II position, slot no. 160-003-0001 (Purchasing Border Colonia) budgeted at $39,952.00 to 160-001-0029 (Purchasing G/F) at same salary and transfer employee no. 87823. 
d. Approval of revised salary schedules.
 
9.
Presentation for discussion, consideration and applicable action related to the "As Built drawings of the existing Courthouse to include Annexes and the surrounding Parking Areas & Sidewalks Project" including, but not limited to, the following options and recommendations:

A.  Cancel the project so as to determine the final costs, construction timelines including occupancy associated with the current renovations to the former Administration Building located at 100 E. Cano, Edinburg, Texas; and, if approved,

B.  Proceed to send notice to the architect firm of ERO International, Inc. of the County's cancellation of the project and cease negoations; or,

C. Proceed with completing the current on-going process of selection of the architect for the project;

 
 
B.
County Judge's Office
 
1.
Presentation for discussion, consideration and approval to re-advertise for RFP/Q-Professional Consultant For Services For Asset Mapping And Strategic Planning To Guide Economic Development In Hidalgo County, in as much as no proposals were received for the RFP/Q NO: 2008-375-10-08-VYG-Professional Consultant For Services For Asset Mapping And Strategic Planning To Guide Economic Development In Hidalgo County.
 
C.
Pct. 1
 
1.
Presentation for consideration, discussion, and approval of Work Authorization #1 (Supplemental Agreement No. 1) in the amount of $ 321,266.52 with TEDSI Infrastructure Group to provide engineering services to Hidalgo County Precinct No. 1 in connection with Contract No. C-08-226-09-30 for "Mile 2 West Road (from Mile 12 North and 0.44 Miles North of US-83)"
 
D.
Pct. 2
 
1.
A.  Presentation for discussion, consideration, and acceptance of an "Interlocal Agreement" between Comptroller of Public Accounts-State Energy Conservation Office (SECO) and  Hidalgo County (Precinct No. 2) to provide an initial amount of $100,000.00 for the administration and facilitation of the purchase and installation of Solar Powered Lights for South Tower Road Park CRC with anticipation of possible funding of any overages incurred by County for the project:
  
B.  Requesting authority to advertise request for sealed bids with approval of draft specifications as attached hereto for:  "Purchase and Installation of Solar Powered Lights for Tower Road Park CRC" RFB No. 2008-388-otm
 
2.
Requesting authority to purchase  One (1) New Backhoe Tractor Loader, through Landmark Equipment Company, through the County's participation/membership with HGAC Buy (Houston-Galveston Area Council) (HGAC-Buy Contract No EM06-07) for a total amount of $70,889.00 which includes delivery charges, etc.-  Project No 2008-404-10-14-SMA
 
3.
Presentation for dicussion, consideration and approval to seek proposals from: 
A. Job order contractors and/or construction services awarded vendors (through the County's membership/participation with state, cooperative purchasing programs or interlocals) for the provision of construction labor and materials to include installation of County aquired play ground equipment and any other accessories as may be needed for: Precinct No. 2 -South Tower Road CRC/Park pending Construction items with and plans specifications to be developed and drafted by project architect, V-A Architecture. (project #08-407), or in the alternate;

B. advertise sealed bids with local contractors for the provision of construction labor and materials to include installation of County aquired play ground equipment and any other accessories as may be needed for: Precinct No. 2 -South Tower Road CRC/Park pending Construction items with and plans specifications to be developed and drafted by project architect, V-A Architecture. (project #08-407).
   
 
4.
Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 11 for current contract with R. Gutierrez Engineering for the Hurricane Dolly assessment on county road, bridge and/or drainage facilities, to reflect a $10,000.00 increase to the total project estimated cost, bringing the total estimated project cost to $40,000.00. C-07-358-09-04

 
E.
Pct. 3
 
1.
Presentation for discussion, consideration, acceptance, and approval of Invoice # 11322782 in the amount of $44,487.00, from L & G Consulting Engineers Inc., contracted engineer for "La Homa Rd Project." C-08-031-02-12
 
2.
Requesting authority to advertise a request for sealed bids for: "Precinct No 3 -Construction and Site improvements of Meeting Hall/ Pavilion " (Project No. 2008-406-MSS) with all plans and specifications to be developed and drafted through and by project architect, Alcocer Garcia Associates Design Consulting with Pct. #3's colaboration.
 
F.
Pct. 4
 
1.
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A)(4) a professional service required engineering services in connection with Hidalgo County Precinct No 4 Road Construction & Drainage Improvements of Paved/Unpaved Project on an as needed basis; 

B. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded & evaluated through the County's approved "pool" of engineers in connection with professional engineering services required for Hidalgo County Precinct No 4 Road & Drainage Improvements of Paved/Unpaved Project on an as needed basis; 

1st._________________; 2nd._________________; 3rd._________________; 

C. Authority for the Purchasing Department to negotiate a professional Engineering Services Contract with the No.1 ranked firm of ____________________________ for the provision of Engineering Services for Hidalgo County Precinct No 4 Road Construction & Drainage Improvements of Paved/Unpaved Project on an as needed basis;
 
G.
Juvenile Probation:
 
1.
Requesting authority to advertise and approval of RFP Packet (i.e. specifications, requirements,  terms, conditions and draft contract document (approved as to form by legal counsel) for: RFP-Judge Mario E. Ramirez, Jr.-Juvenile Justice Center-Pool For Licensed Professional Counselor(s), for the purposes of expanding the "Licensed Professional Counselor(s) Existing Pool".
 
H.
Buildings & Grounds
 
1.
Recommending award of bid and approval of contract document to lowest bidder meeting all specifications and/or requirements as attached here to for Hidalgo County-"Mowing and Lawn Care Services for Hidalgo County Owned Properties" (RFB-2008-042-10-14-MEG)
 
I.
Colonia Access Program Pct. 2
 
1.
Presentation for discussion, consideration, acceptance and approval of Supplemental Agreement No 1 for Border Colonia Access Program Engineering Services contract for Precinct No 2 with R. Gutierrez C-CAP-08-015-09-02 to reflect and detail the fee decrease from $381,197.23 to $41,151.98.
 
J.
Right of Way
 
1.
Presentation for discussion, consideration, acceptance, and approval of Invoice # 6296 in the amount of $ 2,500.00, from Professional Appraiasal Services, Inc., contracted appraiser for the purposes of "Miscellaneous Right of Way Acquisition Projects" (Two (2) Parcels out of Western Palms Subdivision) in connection to Contract No. C-08-166-07-08 and WA# 1 for Hidalgo County Right of Way Department.
 
K.
Co. Wide
 
1.
Recommending bid award to the bidder meeting all specifcations and terms and conditions for the request for bids for "CRS-2 Emulsified Asphalt for Hidalgo County", project with approval of contract (approved as to form by legal counsel)commencing on October 14, 2008.
 
2.
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)
 
17.
Budget & Management - Valde Guerra:
 
A.
Easter Seals RGV:
Approval of 2008 interdepartmental transfer from Countywide Administration - Contingency to Easter Seals RGV - Electricity (1100) in the amount of $4,063.00.
 
B.
Approval of 2008 interdepartmental transfer from County Wide Administration to Buildings & Grounds (1100) in the amount of $100,000.00 for electricity. 
 
C.
Approval of 2008 interdepartmental transfer from Hurricane Ike (program 075) to Hurricane Dolly (program 72) in the amount of $161,114.20.  (1100)
 
D.
Approval of 2008 interdepartmental transfer within Certificate of Obligation, Series 2006 - Buildings & Grounds (1336) from Admin. Building (program 025), Other Major (program 027) and Courthouse Additional Parking (program 028) to Mansion (program 014) in the total amount of $169,032.00.
 
E.
IT Department (200-001):
1. Approval to delete two (2) vacant permanent full-time Project Specialist I positions, slot no's 200-001-0011 & 0016, budgeted at $33,692.00 and $31,200.00 per year, respectively.
2. Approval to create one (1) new permanent full-time IT Operations Administrator position, slot no. 200-001-0028, budgeted at $64,892.00 per year.
3. Approval of revised salary schedule.  
 
F.
Insect Eradication:
Approval of 2008 interdepartmental transfer from Countywide Administration - Contingency to Insect Eradication (1100) in the amount of $6,405.00.
 
G.
Approval of 2008 interdepartmental transfer from Countywide Administration - Contingency to DBM Safety Division (1100) in the amount of $9,000.00
 
18.
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.087 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.
Deliberation regarding the Las Palmas Project request for tax abatement pursuant to Chapter 551, Texas Government Code, Section 551.087.
 
E.
Cause No. C-2294-08-D; Oscar Oviedo d/b/a Oscar's Truck Painting vs Robert Brian Daniels and Hidalgo County
 
F.
Cause No. CL-06-3028; Martha Patricia Garza, et al vs Hidalgo County
 
19.
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.
Delibaration regarding the Las Palmas Project request for tax abatement pursuant to Chaper 551, Texas Government Code, Section 551.087.
 
E.
Cause No. C-2294-08-D; Oscar Oviedo d/b/a Oscar's Truck Painting vs Robert Brian Daniels and Hidalgo County
 
F.
Cause No. CL-06-3028, Martha Patricia Garza, et al vs Hidalgo County
 
20.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
21.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
22.
Adjourn