CC REGULAR
HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
COMMISSIONERS' COURT MEETING
March 9, 2009
09:30 AM
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 Office - 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"
2. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation"
B.
Approval of 457 plan withdrawl requests due to hardship for Employee #077933.
C.
Discussion, consideration, and action on Hidalgo County's Wireless Communication Services Policy, Guidelines, and Procedures (Cellular Telephone Policy).
7.
Membership Dues:
A.
WIC Department:
Approval to renew membership to the National Association of WIC Directors for Norma Longoria,WIC Director and authorize County Auditor to issue payment in the amount of $400.00.
Approval to renew membership to the National Association of WIC Directors for Norma Longoria,WIC Director and authorize County Auditor to issue payment in the amount of $400.00.
B.
Commissioners' Court:
Approval of 2009 membership dues - County Judges & Commissioners Association of Texas - $ 2,100.00
Approval of 2009 membership dues - County Judges & Commissioners Association of Texas - $ 2,100.00
8.
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 update on medical services provided by HOPE Clinic and future plans & assistance for the uninsured
9.
Urban County - Diana Serna:
A.
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 Year 21(2008) for a Parks, Recreational Facility Improvement Project in Precinct No. 1.
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 Urban County Program, Hidalgo County Precinct No. 1 and Hidalgo County Purchasing Department for the purposes of ranking by CC in connection with an Urban County Program Parks, Recreational Facility Improvement Project in Hidalgo County Precinct No. 1.
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 -Hidalgo County Precinct No. 1 Parks, Recreational Facility Improvements project.
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 Urban County Program, Hidalgo County Precinct No. 1 and Hidalgo County Purchasing Department for the purposes of ranking by CC in connection with an Urban County Program Parks, Recreational Facility Improvement Project in Hidalgo County Precinct No. 1.
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 -Hidalgo County Precinct No. 1 Parks, Recreational Facility Improvements project.
10.
Elections Administration - Yvonne Ramon:
A.
1. Discussion, consideration, and approval of Election Services Agreement (conduct of election) between the County of Hidalgo and South Texas College for their May 09, 2009 elections.
2. Discussion, consideration, and approval of Election Services Agreement (leasing of equipment) between the County of Hidalgo and the City of La Villa for their May 09, 2009 elections.
3. Discussion, consideration, and approval of Election Services Agreement (leasing of equipment) between the County of Hidalgo and the City of San Juan for their May 09, 2009 elections.
4. Discussion, consideration, and approval of Election Services Agreement (leasing of equipment) between the County of Hidalgo and the Progreso ISD for their May 09, 2009 elections.
2. Discussion, consideration, and approval of Election Services Agreement (leasing of equipment) between the County of Hidalgo and the City of La Villa for their May 09, 2009 elections.
3. Discussion, consideration, and approval of Election Services Agreement (leasing of equipment) between the County of Hidalgo and the City of San Juan for their May 09, 2009 elections.
4. Discussion, consideration, and approval of Election Services Agreement (leasing of equipment) between the County of Hidalgo and the Progreso ISD for their May 09, 2009 elections.
11.
Buildings & Grounds - Daniel Flores:
A.
Presentation for discussion and approval of claim to pay O'Reilly Auto Parts for invoice numbers 0540-45615 in the amounts of $380.89. Second page of original quote was overlooked. Requesting authority for county auditor to issue payment after review, audit and processing procedures are completed.
12.
Right of Way - Joe Pena:
A.
Authorization for discussion, consideration and/or approval for North Alamo Water Supply Corporation to open cut Water Street in Lopezville (ES/S "I" Road and Owassa Road) for the installation of a 3/4" service connection.
13.
Precinct #2 - Comm. Palacios:
A.
Discussion and possible action regarding the donation of an energy generating wind turbine to Hidalgo County Precinct 2 by the Texas A&M University Systems in conjunction with the Texas Engineering Experiment Station (TEES), the Texas State Energy Conservation Office (SECO) and the Science Academy of South Texas.
B.
Resolution honoring the Hidalgo Lady Pirates Basketball Program.
14.
Budget & Management - Raul Silguero Jr.:
A.
Discussion, consideration, and action on revised program scope and budget of the OJJDP FY08 Truancy Program Grant, with authority to submit the revised program narrative and program budget to the U.S. Department of Justice - Office of Juvenile Justice and Delinquency Prevention (OJJDP).
B.
Interdepartmental transfers:
1.
Pct. #3 CAP (1311):
Requesting approval of 2009 inter-departmental transfer for Precinct #3 Colonia Access Program from Casa de los Vecinos (program 141) to Villa Capri (program 784) in the amount of $2,437.50.
Requesting approval of 2009 inter-departmental transfer for Precinct #3 Colonia Access Program from Casa de los Vecinos (program 141) to Villa Capri (program 784) in the amount of $2,437.50.
2.
Co. Wide Contingency/Emergency Services (1100):
Approval of 2008 interdepartmental transfer from County Wide Administration to various Emergency Services accounts in the amount of $153,847.50 to fund year end expenditures.
Approval of 2008 interdepartmental transfer from County Wide Administration to various Emergency Services accounts in the amount of $153,847.50 to fund year end expenditures.
3.
Jail/Co. Wide Contingency (1100):
Approval of 2008 interdepartmental transfer from Jail to Countywide Adminstration- Contingency in the amount of $207,000.00 to fund year end expenditures.
Approval of 2008 interdepartmental transfer from Jail to Countywide Adminstration- Contingency in the amount of $207,000.00 to fund year end expenditures.
4.
General Fund & Special Revenue Funds:
Approval of 2008 interdepartmental transfer from various departments to capital leases-other debt principal in the amount of $26,740.53 to fund capital lease expenditures.
Approval of 2008 interdepartmental transfer from various departments to capital leases-other debt principal in the amount of $26,740.53 to fund capital lease expenditures.
5.
Pct. 1 Drainage Improvement Project CO's 2009 (1339):
Approval of 2009 interdeparmental transfer within the Certificates of Obligation 2009 Series Drainage Improvement Project from program no. 052 to program no. 056 in the amount of $770,000.00 to fund phase I of surveying services for the first 20 miles of 80.25 miles acquired of drainage ditch (refer to AI #14268, item no. 22.B.1 CC 3-3-09).
Approval of 2009 interdeparmental transfer within the Certificates of Obligation 2009 Series Drainage Improvement Project from program no. 052 to program no. 056 in the amount of $770,000.00 to fund phase I of surveying services for the first 20 miles of 80.25 miles acquired of drainage ditch (refer to AI #14268, item no. 22.B.1 CC 3-3-09).
6.
Co. Wide Adminstration/Insect Eradication (1100):
Approval of 2009 interdepartmental transfer from Countywide Adminstration - Contingency to Insect Eradication in the amount of $700.00 to fund anticipated operating expenditures.
Approval of 2009 interdepartmental transfer from Countywide Adminstration - Contingency to Insect Eradication in the amount of $700.00 to fund anticipated operating expenditures.
C.
Interfund transfers:
1.
Right of Way (1200) to Pct 1-3 P/U Roads (1201-1203):
Approval of 2009 interfund transfer from the Right of Way Department to Precincts 1, 2 & 3 Paved/Unpaved Roads in the amount of $200,000.00 each (total of $600,000.00) to allow for the purchase of right of way for the various precincts. Note: Precinct 4 received $200,000.00 in funds on CC 2/3/09 (AI-13735) 16.E.2.
Approval of 2009 interfund transfer from the Right of Way Department to Precincts 1, 2 & 3 Paved/Unpaved Roads in the amount of $200,000.00 each (total of $600,000.00) to allow for the purchase of right of way for the various precincts. Note: Precinct 4 received $200,000.00 in funds on CC 2/3/09 (AI-13735) 16.E.2.
2.
Countywide Administration (1100) /Tax Notes, 2007 (1302):
Approval of 2009 interfund transfer from County Wide Adminstration - Contingency to Tax Notes, 2007 in the amount of $624.23 to fund purchase of land (Bazan Property).
Approval of 2009 interfund transfer from County Wide Adminstration - Contingency to Tax Notes, 2007 in the amount of $624.23 to fund purchase of land (Bazan Property).
D.
Budget Appropriations:
1.
Constable Precinct #1 (1220):
Approval of 2009 appropriation of funds for the Constable Precinct No. 1 - LEOSE and 2008 LEOSE interest earned in the amount of $1,274.49.
Approval of 2009 appropriation of funds for the Constable Precinct No. 1 - LEOSE and 2008 LEOSE interest earned in the amount of $1,274.49.
2.
DBM-Health Benefits (2201):
Approval of 2009 appropriation of funds for the Department of Budget and Management - Health Benefits in the total amount of $11,000.00 to fund pending and future expenses for 2009.
Approval of 2009 appropriation of funds for the Department of Budget and Management - Health Benefits in the total amount of $11,000.00 to fund pending and future expenses for 2009.
3.
General Fund & Special Revenue Funds:
Approval of 2008 appropriation of revenues and expenditures in the total amount of $171,501.51 to fund capital lease expenditures (agreements) for various departments.
Approval of 2008 appropriation of revenues and expenditures in the total amount of $171,501.51 to fund capital lease expenditures (agreements) for various departments.
4.
DBM-Workers' Comp (2202):
Approval of 2009 appropriation of funds for the Department of Budget and Management - Workers' Compensation Division in the total amount of $2,000.00 to fund pending telephone expenditures.
Approval of 2009 appropriation of funds for the Department of Budget and Management - Workers' Compensation Division in the total amount of $2,000.00 to fund pending telephone expenditures.
5.
Precinct# 4 Adm. (1204):
Approval of 2009 appropriation of funds for Precinct #4 - Adm. in the amount of $6,000.00 to cover telephone expenses for 2009.
Approval of 2009 appropriation of funds for Precinct #4 - Adm. in the amount of $6,000.00 to cover telephone expenses for 2009.
E.
Salary Schedule Changes:
1.
Jail (1100):
A. Approval to create two (2) regular fulltime Detention Officer positions, slot no.'s 0396 & 0397, requested budgeted salary $30,450.00 for each.
B. Approval of revised salary schedule.
A. Approval to create two (2) regular fulltime Detention Officer positions, slot no.'s 0396 & 0397, requested budgeted salary $30,450.00 for each.
B. Approval of revised salary schedule.
2.
Workers Compensation Division (2202):
1. Approval to transfer employee no. 77585 from Workers Compensation slot no. 0014 to the Headstart Program. Reviewed and recommended as per section 3.16 of the Civil Service Commission Rules. Effective 3/16/09.
2. Approval to adjust the Headstart Workers Compensation premium amount.
1. Approval to transfer employee no. 77585 from Workers Compensation slot no. 0014 to the Headstart Program. Reviewed and recommended as per section 3.16 of the Civil Service Commission Rules. Effective 3/16/09.
2. Approval to adjust the Headstart Workers Compensation premium amount.
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
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
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
a) Renovations of administration building
b) Other ongoing county owned building construction, renovation repair projects
c) Emergency situations occurring since last agenda meeting
4.
Recommending bid award to the sole bidder meeting all specifications and approval of contract for the request for bids: 2009-018-02-25 EN-1 for Road Stabilizer Material in Hidalgo County Wide.
5.
A. Requesting authority to exercise the sixty (60) day grace period extension as provided in the current contract for:"PEST CONTROL SERVICES" for the Hidalgo County, under the same rates, terms and conditions with BUG OFF PEST CONTROL-effective 03/13/09 -05/12/09;
B. Requesting authority to exercise the "sixty (60) day grace period extension as provided in the current contract for:"PEST CONTROL SERVICES" for the Hidalgo County, under the same rates, terms and conditions with PRO-TECH PEST CONTROL-effective 03/13/09 -05/12/09.
B. Requesting authority to exercise the "sixty (60) day grace period extension as provided in the current contract for:"PEST CONTROL SERVICES" for the Hidalgo County, under the same rates, terms and conditions with PRO-TECH PEST CONTROL-effective 03/13/09 -05/12/09.
B.
Pct. #2
1.
Requesting approval of an "Easement and Right of Way" by Hidalgo County to AEP Texas Central Company for the property further described by metes and bounds and attached hereto in connection with the installation of lights at South Tower Park Project.
C.
Colonia Access Program Pct. 1
1.
Requesting approval of Supplemental Agreement No. 2 amending both Supplemental #1 and Work Authorization #1 reflecting the deletion of Indian Hill Subdivision (decreasing the project cost by $100,890.90) and thus bringing the new estimated project cost to $189,413.50 including revised Exhibit "C" Work Schedule as attached hereto for contract #C-CAP-08-028-10-28 between Hidalgo County (Pct. #1) and TEDSI Infrastructure Group.
D.
Colonia Access Program Pct. 2
1.
Presentation for discussion, consideration, and action on a recommendation by project engineer R. Gutierrez Engineering Corporation to award to the lowest bidder meeting all specifications for Bid No. CAP-2009-002-02-04-LRM "Road & Drainage Construction of Red Barn Subdivision" and approval of contract subject to legal review and TX DOT approval.
E.
Colonia Access Program Pct. 3
1.
A. Presentation for discussion, consideration, acceptance and approval of Application for Payment No. 3 Retainage Release in the amount of $24,642.20 from The 5125 Company contracted vendor for Casa De Los Vecinos Subdivision submitted by Javier Hinojosa Engineering. C-CAP-08-009-05-13
B. Requesting approval of "Certificate of Construction Completion" submitted by project engineer Javier Hinojosa Engineering reflecting the completion date of October 10, 2008 for Casa De Los Vecinos Subdivision with contractor The 5125 Company. C-CAP-08-009-05-13
B. Requesting approval of "Certificate of Construction Completion" submitted by project engineer Javier Hinojosa Engineering reflecting the completion date of October 10, 2008 for Casa De Los Vecinos Subdivision with contractor The 5125 Company. C-CAP-08-009-05-13
2.
Presentation for consideration, discussion, acceptance and approval of Change Order No. 1 with contractor Juan Mendoza Corporation DBA J.M. Construction for Basham No. 16 and North Country Estates No. 2 Subdivisions reflecting a net decrease in the amount of ($13,970.00) for Reconciliation of Construction Items as submitted through project engineer Javier Hinojosa Engineering. C-CAP-08-027-11-04
F.
Sheriff's Office
1.
Requesting authority to exercise the seventh (7th) year of the additional ten (10) one (1) year term extension as provided in current contract for: "Housing of Inmates" for the Hidalgo County Sheriff's Office, with similar terms and conditions and increase in the per diam rate of $2.00 (as allowed under current contract Section 1.02) with LCS Corrections Services Inc - Effective: 03/31/09 - 03/30/10. E-08-124-03-06
2.
Requesting authority to exercise the sixty (60) day grace period extension, as provided in the current contract for: "Service/maintenance for repairs for generators" for the Hidalgo County Sheriff's Office, under the same rates, terms and conditions with Holt Texas ltd., dba, Holt Cat, effective 03/11/09 -05/10/09.
G.
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)
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:
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 UTW Tire Company
E.
Cause No. CL-06-3277; Graciela Martinez, individually and as Representative of the Estate of Reynaldo Sanchez, III vs. County of Hidalgo
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 UTW Tire Company
E.
Cause No. CL-06-3277; Graciela Martinez, individually and as Representative of the Estate of Reynaldo Sanchez, III vs. County of Hidalgo
18.
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
19.
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
20.
Adjourn