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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
January 6, 2009
1:30 P.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.
Open Forum
 
6.
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.
Approval of 457 Plan withdrawal requests due to hardship for Employees #068144 and #068209.
 
C.
Discussion, consideration and appropriate action on the status of the Precinct #5 Constable, including but not limited to:
1.  Suspension of pay
2.  Office Operations
3.  Other Constable Pct. #5 items as applicable
 
D.
Approval of the 2009 Hidalgo County Organizational Chart.
 
E.
Discussion, consideration and action to rescind 2009 salary increases to County Court at Law Judges as approved during the adoption of the 2009 Budget on 09/23/08.
 
7.
Health & Human Services Department - Eddie Olivarez:
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
8.
Urban County - Diana Serna:
 
A.
The Urban County Program requests approval to cancel the Subrecipient Agreement with Border Fair Housing (Public Services) in the amount of $8,085.47 for Urban County Program Year 21 (2008).
 
9.
District Attorney's Office - Roy Cazares:
 
A.
Approval of 2009 HIDTA Task Force - U.S. Treasury Fund Budget (fund 1252).
 
10.
Right of Way - Joe Pena:
 
A.
1.  Consideration and approval to purchase an easement on a certain tract of land described as Parcel 119 - Mile 2 West Road Project.
2.  Requesting approval to authorize County Treasurer to issue check to Texas A & M University System after review and processing procedures are completed by County Auditor.
 
11.
County Clerk's Office - Arturo Guajardo, Jr:
 
A.
Requesting approval to pay the 2009 Governmental Collectors Association of Texas, Inc. membership dues in the total amount of $600.00 for Arturo Guajardo, Jr., Annette C. Muñiz, Noe Lopez, Jason Rohr, Frank Zavala, and Arcy Morales, with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by the County Auditor. 
 
B.
Approval of 2009 Elected Official Bond: 

1. Gilbert Alaniz- Constable Pct. 2
 
12.
Colonia Access Program - Agapito Vargas
 
A.
Presentation for discussion, consideration acceptance and approval of Amendment No. 1 3rd Call Border Colonia Access Program to allow Hidalgo County's Precinct 1 and Precinct 3 to substitute the identified awarded population-allocation projects with non-awarded competitive projects. The project substitution will not increase or decrease the dollar amount appropriated to Hidalgo County.
 
13.
Precinct #3 - Comm. Flores:
 
A.
Discussion, consideration, and approval of Interlocal Cooperation Agreement between the County of Hidalgo and City of Palmhurst.
 
B.
Request approval of 2009 inter-departmental transfer for Precinct #3 Colonia Access Program (1311) from Casa De Los Vecinos (program 141) to Barney Groves (program 072), El Sol #1 (program 250), and El Sol #2 (program 251) in the amount of $79,600.00
 
C.
Requesting approval of 2009 appropriation of funds into Precinct #3 Road & Bridge Fund (1203) in the amount of $73,095.02
 
14.
Budget & Management - Raul Silguero Jr.:
 
A.
1. Approval of the 2009 Adopted Budget at Department level.  Intradepartment, interdepartment and Interfund transfers will continue to require Commissioners Court Approval.

2. Approval to designate and authorize the Budget Officer to amend the budget by transferring amounts budgeted for certain items to other budgeted items, as necessary for County operations, with reports to Commissioner's Court as per Texas Local Government Code Section 111.070C(2). 

3. Approval to designate the General Fund and Special Revenue funds as the salary fund for their respective accounts as per Texas Local Government Code Section 154.042.
 
B.
Approval of non-agenda budget transfers as of December 30, 2008.
 
C.
Constable Precinct #4:
1. Approval to create one temporary fulltime Secretary position, slot no. 010 budgeted at $24,090.00 per year/ $11.58 per hour, not to exceed six months.
2. Approval of revised salary schedule.
 
D.
Pct. 1 - R&B:
1.  Approval to create the following new positions:
(1) Call Center Manager positon, slot #81 and set salary at $55,000.00.
(1) Personnel Manager positions, slot #82 and set salary at $65,000.00.
(1) Field Operations Director, slot #83 and set salary at $65,000.00.
2.  Approval of revised salary schedule
 
E.
Pct. #3 Road & Bridge:
1.  Approval to create one (1) Administrative Aide position, slot no. 8 for Veteran's Services, budgeted at $45,443.00 and transfer-in employee no. 122718 from Pct. #3 Road & Bridge.
2.  Approval to create one (1) Community Liaison position, slot no. 33 for Human Services budgeted at $41,081.00 and transfer - in employee no. 148598 from Pct. #3 Road & Bridge.
3.  Approval to create one (1) Custodian position, slot no. 90 for B&G budgeted at $28,000.00 and transfer-in employee no. 100498 from Pct. #3 Road & Bridge.
4.  Approval to create one (1) Maintenance I position, slot no. 91 for B&G budgeted at $28,000.00 and transfer - in employee no. 140236 from Pct. #3 Road & Bridge.
5.  Approval of 2009 revised salary schedules.

Pct. #3 Sanitation:
1. Approval to correct the budgeted salary for one (1) Heavy Equipment Operator III position, slot no. 10 to $33,600.00.
2. Approval of revised salary schedule.
 
F.
Emergency Services- Emergency Management:
1. Approval of position reclassifications for the following:

Slot No.
Current Position Title
Current Budgeted Salary
Proposed Position Title
Proposed Budgeted Salary
0002
Assistant Emergency Coordinator
$49,140.00
Assistant Emergency Coordinator II
SAME
0003
Public Health Liaison
$46,956.00
Public Health Liaison II
$49,140.00
0004
Administrative Assistant
$46,956.00
Administrative Assistant II
$49,140.00

2. Approval of 2009 revised salary schedule.
 
G.
Autopsies:
Approval of 2008 interdepartmental transfer from Countywide Administration - Contingency to Autopsies - Autopsy Services (1100) in the amount of $20,000.00 for year-end expenditures.
 
H.
Insurance - Claims & Judgements:
Approval of interdepartmental transfer from Countywide Administration - Contingency to Insurance - Claims and Judgments (1100) in the amount $66,000.00.
 
I.
Requesting approval to accept settlement check from Dairyland Insurance Company for the amount of $7,838.99 for an auto accident with County vehicle (Sheriff).
 
J.
Courthouse Security:
Approval of 2008 appropriation of funds for Courthouse Security (1241) in the amount of $29,003.32.
 
K.
Courthouse Security:
Approval of 2008 interfund transfer from County Wide Administration (1100) to Courthouse Security (1241) in the amount of $10,000.00 for year end expenditures.
 
L.
Approval of 2008 interfund transfer from Indigent Health Care Program (1249) to County Wide Administration (1100) in the amount of $200,000.00.
 
M.
Approval of 2008 interdepartmental transfer from County Wide Administration to various accounts in the amount of $71.00 to close out the 2008 year.
 
N.
Pct. 1 Drainage Improvement Project:
Approval of 2008 interdepartmental transfer for the Pct. 1 R & B fund (1201) from P/U Rd., program no. 005, to Drainage Improvement Project, program no. 052, in the amount of $3,010.00 to fund health insurance and workers comp year-end expenditures.
 
O.
Hurricane Dolly:
Approval and authorization to appropriate $336,520.80 for Hurricane Dolly from General Fund unreserved fund balance as per Texas Local Government Code Section 111.070 to address emergency expenditures related to Hurricane Dolly.
 
P.
Approval of 2009 appropriation from General Fund (1100) Fund Balance to Hurricane Dolly (1100) in the amount of $585,554.31 to fund the repairs of various buildings damaged during the Hurricane Dolly event.
 
Q.
Palmer Drug Abuse Program:
1. Approval to enter into a services agreement between Hidalgo County and Palmer Drug Abuse Program-McAllen, Inc. (PDAP) in order for PDAP to provide substance abuse counseling and education services.
2. Approval of 2009 appropriation of funds for the Drug Abuse Prevention & Rehabilitation fund (1224) in the amount of $3,530.00 to fund the payment for Palmer Drug Abuse Program-McAllen, Inc.
3. Approval to make payment in accordance with services agreement between Hidalgo County and Palmer Drug Abuse Program-McAllen, Inc. in the amount of $3,530.00 with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by the County Auditor.
 
R.
Approval of 2008 interdepartmental transfer in the amount of $23,401.94 from Co Wide Contingency to Constable Precinct No. 3- Drainage District No. 1 Overtime and related fringes (1100).
 
S.
Pct. #4 Drainage Improvement Project:
Approval of 2008 interdepartmental transfer within Precinct #4 from R&B to Drainage Improvement Project (1204) in the amount of $23,011.00.
 
15.
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.
A.  Presentation for consideration, discussion and action to award to lowest bid meeting all specifications and requirements withapproval of contract document for:  FUNERAL AND BURIAL SERVICES for eligible indigent residents- RFB NO. 2009-002-12-31-OTM

B.  Authority to advertise the following projects (as directed by CC on 12/30/08) 

1.  Funeral and Burial Services excluding coffins;
2.  Purchase of coffins for pauper assisted Funeral & Burial with specifications and requirements to drafted and developed through Precinct No. 1, Department of Health & Human Services and Purchasing Departments with advertising to take place after Commissioners' Court approval of said specifications.

C.  Presentation for consideration, discussion and action (if aplicable) to award to sole vendor meeting all specifications and requirements with the approval of contract for:  TURNKEY BURIAL SERVICES (INCLUDING CEMETERY PLOTS) FOR UNIDENTIFIED PAUPER REMAINS.  RFB NO. 2008-033-10-29-OTM, including but not limited to, the following options;

1.  Authority to advertise the following projects (as directed by CC 12/31/08)
2.  Turnkey Burial Services (Including Cemetery Plots) excluding coffins 
3.  Purchase of coffins for pauper assisted Turnkey Burial Services for Unidentified Pauper Remains with specifications and requirements being developed by Precinct No. 1, Health & Human Services Department and Purchasing Departments with advertising to take place adter Commissioners' Court approval of said specifications.
 
5.
Requesting authority to advertise request for proposals (RFP) with approval of procurement packet (i.e. specifications/requirements, scope of services etc. and draft contract document sent by Purchasing Dept. to current users Tax Assessor-Collector, District Clerk & J.P. Pct. 4, Pl. 2 for review and comment) as attached hereto for:  CREDIT CARD PAYMENT SERVICES  for Hidalgo County (on an as needed basis) - Project NO. 2009-000-01-28-OTM.
 
6.
Presentation for discussion, consideration and acceptance and approval of the final negotiated contract with Mary Ann Peralez d/b/a Breath Test Services for RFP NO: 2008-447-11-26-VYG-Certified Technical Supervisor For Hidalgo County's Alcohol Breath Test Services.
 
B.
County Judge's Office
 
1.
Pursuant to Section V of the RFP packet, recommendation by grading committee to require presentations by the two (2) participants so as to complete the grading process and thus proceed to the ranking by Commissioners Court for RFP/Q NO: 2008-409-11-05-VYG-Professional Consultant Services For Asset Mapping And Strategic Planning To Guide Economic Development In Hidalgo County.
 
C.
Pct. 2
 
1.
Requesting approval of final negotiated contract B141- AIA 1997 Standard Form of Agreement between Owner (Hidalgo County) and Architect (V A Architecture) in connection with the design and construction of New Offices for Hidalgo County Pct. 2 including ancillary support facilities (as approved for negotiation on CC 12/16/08 and reviewed as to form by legal counsel).  
 
D.
Health & Human Services Dept.
 
1.
Approval of Request for Payment No. 2 in the amount of $5,000.00, and Payment No. 3 (Reimbursable) in the amount of $1,182.35 from V-A Architecture, contracted architect for "Health Clinic Renovations" for Health and Human Services Dept. C-08-221-05-06.
 
E.
District Clerk
 
1.
Presentation for discussion, consideration, acceptance and approval of the final negotiated contract (reviewed as to form by legal counsel) including best and final offer (BAFO) with ACS Government Systems, Inc. in a total amount as follows:

ACS Juror Core System-$61,900
ACS eJuror System-$29,900.00
Total Amount: $91,800.00
 
F.
Colonia Access Program Pct. 2
 
1.
A.Presentation for discussion, consideration, acceptance and approval of Application for Retainage Release in the amount of $38,212.20 from TRCU, LTD contracted vendor for La Haciendas Subdivision submitted by R. Gutierrez Engineering Corporation. C-CAP-07-023-08-07

B. Requesting approval of "Certificate of Construction Completion" submitted by project engineer R. Gutierrez Engineering Corporation reflecting the completion date of April 30, 2008 for Las Haciendas Subdivision with contractor TRCU, LTD. C-CAP-07-023-08-07 
 
G.
Colonia Access Program Pct. 3
 
1.
A. Presentation for consideration, discussion acceptance and approval of Application for Payment No. 4 in the amount of $2,104.56 from Asago, LLC dba Asago Construction contracted vendor for Chula Vista and Walton Subdivision submitted by project engineer Hinojosa Engineering, Inc. C-CAP-08-007-04-22

B. Presentation for consideration, discussion acceptance and approval of Change Order No. 2 (increase) with contrator Asago, LLC dba Asago Construction for Chula Vista and Walton Subdivision for material and work adjustments in the amount of $1,675.00 as submitted through project engineer, Hinojosa Engineering, Inc. C-CAP-08-007-04-22
 
H.
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)
 
16.
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.
Claim of Chelsea Beltran
 
17.
Open Session:
 
A.
Real Estate Acquisition and appropriation for same
 
B.
Consultation with Attorney on litigation associated with New Adult Detention Facility & Law Enforcement Center Project
 
C.
Pending and/or potential litigation
 
D.
Claim of Chelsea Beltran
 
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