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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
April 28, 2009
1:30 P.M.

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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.
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.
Cause #D-1-G-N-06-003322; SWEPI LP vs. Railroad Commission of Texas
 
7.
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.
Cause #D-1-G-N-06-003322; SWEPI LP vs. Railroad Commission of Texas
 
8.
Executive Officer - Valde Guerra:
 
A.
Resolution on HB 4793 by Representative Gonzalez relating to the creation of two additional county courts at law in Hidalgo County.
 
B.
Discussion, consideration and action on the Rural Emergency Services Interlocal Cooperative Agreement and Rates between the County of Hidalgo and various cities/entities for Emergency and Fire Response Services
 
C.
Approval of 457 Plan Hardship withdrawal requests for employees #129909 and #122335
 
D.
Presentation, discussion, and approval of Resolution relating to the Pass-through application to the Texas Department of Transportation for the Loop Project.
 
E.
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"
 
9.
Health & Human Services Department - Eddie Olivarez:
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
10.
Emergency Services Division - Tony Pena:
 
A.
Discussion and approval of Declaration and Order Regarding Wildfires and Outdoor Burning.
 
B.
1. Requesting approval of application of the Annual Certification Fees for Juan Martinez, Assistant Emergency Management Coordinator in the amount of $60.00 and Marco Romero, Deputy Fire Marshal in the amount of $60.00.  

2. Requesting approval of renewal of the Fire Investigator Basic/Inspector Basic Certification for Tommy Ureste, Deputy Fire Marshal in the amount of $10.00.
 
C.
Requesting approval to reimburse Martin Carrasco for the purchase of fuel for Emergency Services vehicle in the amount of $45.00
 
11.
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 Street Improvement Project in the City of Edcouch.

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 City of Edcouch, Urban County Program and Hidalgo County Purchasing Department for the purposes of ranking by CC in connection with an Urban County Program Street Improvement Project in the City of Edcouch.

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 Edcouch Street Improvement project.
 
B.
The City of Alton is requesting authorization to cancel the purchase order with Ferrera Fire Apparatus, Inc. in the amount of $9,249.00 (Urban County Program Year 19 (2006) Fire Station/Equipment funds) for the purchase of fire protective equipment and gear for the City of Alton Fire Department.
 
C.
Approval of a Resolution of the Commissioners' Court of the County of Hidalgo, Texas, authorizing the submission of the Method of Distribution (MOD) for the HUD Disaster Recovery funding allocated by the State of Texas, Office of Rural Community Affairs (ORCA) and authorizing the County Judge to act as the County's Executive Officer and Authorized Representative in all matters pertaining to the County's participation in the HUD Disaster Recovery Funding Program.
 
12.
Constables:
 
A.
1.  Constable Precinct No. 2
A.  Requesting approval and authorization to submit the 2008 Chapter 59 Asset Forfeiture Report as required by the Texas Attorney General's Office.

2.  Constable Precinct No. 2 L.E.O.S.E. (1220) 
A. Approval of appropriation of funds for the Constable Precinct No. 2- L.E.O.S.E. for years 2008 and 2009 in the total amount of $2,180.18
B. Approval of appropriation of the Constable Precinct No. 2- L.E.O.S.E. interest earned funds for years 2007 and 2008 in the total amount of $675.64.
C. Approval of certification of revenues by the County Auditors office for L.E.O.S.E. funds.
 
B.
Constable Pct No. 5
Requesting approval to reimburse employee no. 078387 and 082872 in the amount of $50.00 each for payment to Western Surety Company for bonds with authority for County Treasurer to issue check after review and auditing procedures are completed by County Auditor
 
13.
Office of the County Judge:
 
A.
Resolution in support of a University of Texas-Pan American scholarship for Hidalgo County employees and dependents
 
B.
Discussion and possible action regarding Hidalgo County's Legislative Program for the 81st Session of the Texas Legislature.
 
C.
Presentation, discussion and possible action relating to the implementation of certain safeguards for improving accountability, transparency and efficiency in county government.
 
14.
Planning Department - Raul Sesin:
 
A.
1.  Preliminary Approval of Subdivision Plat 
     a.  Mascorro Subdivision – Pct. 1 (Raynaldo Mascorro)

2.  Final Approval of Subdivision Plat 
     a.  Eduardo's No. 6 Subdivision – Pct. 3 (Aniceto Izaguirre) 
     b.  Cantu Estates Subdivision – Pct. 1 (Nehemias Cantu)

3.  Final Approval of Subdivision Plat with Financial Guarantee 
     a.  Wynn Ranches Subdivision – Pct. 4 (Richard Garza)
 
15.
Sheriff's Office - Chief Martinez:
 
A.
Sheriff's Office OCDETF- (1284)
1. Approval of agreement between the Organized Crime Drug Enforcement Task Force (OCDETF) and the Hidalgo County Sheriff's Office for the overtime program.
2. Approval of Certification of Revenues for the OCDETF cooperative agreement.
3. Approval to appropriate funding of $7,000.00 in reference to investigation number SW-TXS-0662.
 
B.
Sheriff's Dept. DEA (1284):
1. Approval for acceptance of cooperative agreement between the Hidalgo County Sheriff's Office and the U.S. Department of Justice, Drug Enforcement Administration .
2. Approval of Certification of Revenues by the County Auditor for the DEA cooperative agreement for overtime.
3. Approval of appropriation of funds in the amount of $16,328.75.
 
C.
Presentation for discussion, consideration, acceptance, and approval of Invoice Nos. 21574 $201.95 and 21575$36.75 totaling $238.70 in connection with urgent and necessary veterinary services for injuries to canine (BOSCO) during a foot pursuit incident on April 3, 2009 with authority for County Treasurer to issue payment/check after Auditor's processing procedures are completed.
 
D.
Discussion, authorization, and approval to execute the Operation Stonegarden Grant Sub-Recipient Interlocal Agreement from the Governor's Division of Emergency Management between the County of Hidalgo and the City of Mission and Pharr.
 
16.
Right of Way - Joe Pena:
 
A.
Authorization for County Judge to approve & issue check in the amount  of $7,340.00 made payable to Enrique P. Gonzalez and wife Sian Gonzalez for a 0.434 of an acre tract of land out of a 17.00 acre tract out of the North half of Lot 4, Block 51, Alamo Land and Sugar Company's  Subdivision, Hidalgo County, Texas for the San Carlos Drainage Improvements Project with authority for County Auditor to review and complete processing procedures and County Treasurer to issue a manual check.
 
17.
Precinct #1 - Comm. Handy:
 
A.
Requesting approval to reappoint Mr. Oscar Ramirez to the Housing Authority Board.  Current term will expire on May 4, 2009. 
 
18.
Precinct #2 - Comm. Palacios:
 
A.
Requesting authority for County Judge to execute "Right-of-Way Encroachment Statement" and the "Right-of-Way Acquisition Statement" for North "I" Road Project.
 
B.
Discussion, consideration and action on Letter of Support regarding Federal Funding for McColl and Nolana Rd. Projects
 
19.
Budget & Management - Raul Silguero Jr.:
 
A.
IT Department:
Discussion, consideration, and approval to extend the existing cellular phone services until May 30th, 2009 in which the County will transition to the newly adopted Hidalgo County Wireless Communication Services Policy, Guidelines & Procedures.
 
B.
Emergency Services (1100):
Approval to pay out accumulated comp-time and holiday earned in the total amount of $2,841.11 to employee no. 154008.
 
C.
Interdepartmental transfers:
 
1.
Requesting authorization and approval to transfer General Fund lapsed salaries and related fringe benefits from various departments to the County Wide Administration-Contingency account.  The sweep includes salaries, fica, retirement, and unemployment compensation.
 
2.
Pct. #4 Drainage Improvement Projects C.O. 2009 Series (1339):
Approval of 2009 interdepartmental transfer within Certificate of Obligation Series 2009 from Precinct #4 Drainage Improvement Project (program 036) to Dikerson Pond (program 048) & Guerra Pond (program 060) in the total amount of $307,958.50 to fund project expenditures.
 
3.
Approval of interdepartmental transfer from within Certificates of Obligation Series 2009 Pct 3 Drainage Improvement Project (program 049) to Precinct 3 Prairie View Ph I (program 073)  and Ph II (program 074) in the amount of $600,000.00 to fund the drainage improvement projects.
 
4.
Pct. 1 R & B (1201):
Approval of 2009 interdepartmental transfer from Pct. 1 Drainage Improvement, program no. 052, to Pct. 1 P/U Rd, program no. 005 in the amount of $97,427.41 to fund payment for Closner Construction Co. (PO #616234).
 
5.
Approval of 2009 inter-departmental transfer for Precinct #3 Colonia Access Program fund (1311) from  El Paraiso (program 247) to Jessan Subdivision (program 350) and Resub Plat Jimenez Subdivision (program 911) in the amount of $16,804.05
 
6.
Pct. 1 CO's 2009 (1339):
1. Approval of 2009 interdepartmental transfer from Pct. 1 Drainage Improvement, program no. 052, to Pct. 1 Pond (Mile 21 N & M 5 1/2W) project, program no. 057, in the amount of $1,250.00 to fund payment for invoice #1078 for Leonel Garza, Jr, & Associates (PO #616246).
2. Approval of 2009 interdepartmental transfer from Pct. 1 Drainage Improvement, program no. 052, to Pct. 1 M 13N & M 6W project, program no. 055, in the amount of $10,454.35 to fund Work Authorization No. 11 for L & G Engineering.
 
7.
Pct. 4 Drainage Improvement Projects CO's 2009 Series (1339):
Approval of 2009 interdepartmental transfer within Certificate of Obligation Series 2009 Pct. 4 Drainage Improvement Project from program no. 036, to:
A) North Branch Drain project, program no. 049, in the amount of $49,500.00,
B) San Carlos Drain project , program no. 050, in the amount of $13,500.00
C) Schunior Drain project, program no. 051, in the amount of $22,500.00,
D) Curry Drain project, program no. 052, in the  amount of $45,000.00,
E) Tex-Mex Drain project, program no. 053 in the amount of $4,500.00
F) Alamo Acres project, program no. 040 in the amount of $9,729.00
for a total amount of $144,729.00 to fund anticipated Invoices.
 
8.
Pct. 1 BCAP (1311)
Approval of 2009 interdepartmental transfer from RC Babb #2, program no. 576 to El Monte program no. 245 in the amount of $2,330.00 to fund road & drainage improvement expenditures.
 
D.
Interfund transfers:
 
1.
Sheriff's Office:
Approval of 2009 interfund transfer from Sheriff's Investigation (HB65) Fund (1227), Sheriff's Fed Sharing-US Treasury (1228) and the Sheriff's Fed Sharing-US Dept. of Justice (1229) into the USDA Grant Fund (1284) in the total amount of $94,457.50.
 
E.
Budget Appropriations:
 
1.
Sheriff's Office:
A.  Approval of certification of revenue, as certified by the County Auditor, for USDA Tax Notes and First Responder Units Grant.
B.  Approval of 2009 appropriation of funds for the United States Department of Agriculture (USDA) grant (1284) in the amount of $46,308.00, to pay a portion of the cost of a New Evidence Collection Vehicle and 2 First Responder Unit for the Sheriff's Office.
C.  Approval of 2009 appropriation of funds for the United States Department of Agriculture (USDA) loan (1301) in the amount of $225,000.00, to pay a portion of the cost of a New Evidence Collection Vehicle and 2 First Responder Unit for the Sheriff's Department.
 
20.
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.
Recommending award of bid and approval of contract document to the lowest bidder meeting all specifications/requirements, terms and conditions as stated in the RFB No. 2009-095-03-11-otm-"Roadway Light Fixture and Maintenance" for Hidalgo County Precincts 1 & 3.
 
5.
A.  Authorization by Commissioners Court for the Purchasing Department to forward and deliver Notification to RS Preferred Vending LLC for the immediate removal (with a specific timeline) of all vending machines on County property (placed by former awarded contractor, All Valley Vending, Inc. under contract nos. C-06-086-05-16 & E-08-202-04-22), inasmuch as new vendor did not acquire the assets and/or contracts of former company (All Valley Vending, Inc.);

B. Requesting authority to advertise for:  "Hidalgo County-Vending Machine Services"  with procurement packet to be presented to CC for approval upon completion of review by legal counsel-Bid No.: 2009-015-SMA
 
B.
Pct. 1
 
1.
Presentation for discussion, consideration, acceptance and approval "Certificate of Completion" submitted by Closner Construction in connection with contract #C-08-320A-12-02/PO#616234 for: Construction Services for Repair, Reconstruction of Culvert Pipe Bridge at Mile 3 North and FM 491 and thus permitting the issuance of payment by the County Treasurer of Invoice #1 in the amount of $134,887.50 (approved by CC on 4-7-09 and subject to processing procedures by the  County Auditor).   
 
2.
Presentation for discussion, consideration, acceptance and approval of Work Authorization No. 11 in the amount of $10,454.35 with L & G Laboratory, LLC, to provide Professional Engineering Services  for "Construction Materials Testing Services for Culvert Crossing & Drainage Improvement-Mile 13 N. and Mile 6 W. Project" in Hidalgo County Precinct No. 1 with Contract Number: E-08-364-08-12.
 
3.
Pursuant to a directive from Precinct #1 staff, presentation for discussion, consideration and action to cease contract negotiations with the #1 ranked and selected firm for Professional Engineering Services with "Quintanilla, Headley & Associates" (previously approved by CC on 12/16/08) in connection with Mile 5½ West Road & Mile 21 N Drainage (20.0 acre tract)" Project, due to budget constraints.
 
4.
Pursuant to a directive by Pct. #1 Staff, presentation for discussion, consideration and action to cease contract negotiations with the #1 ranked and selected firm for Professional Engineering Services with "Enriquez-SpecPro" (previously approved by CC on 10/21/08) in connection with the "Environmental Assessment For Partial Occupied and Vacant Hidalgo County Buildings, due to budget constraints.
 
5.
Presentation for consideration, discussion, acceptance and approval of Work Authorization No. 12 with L & G Engineering Laboratory, LLC for the provision of "Construction Materials Testing Services" (through contract #E-08-364-08-12) for: (Mile 14 - Mile 6 West to FM 88 Project) within Hidalgo County Precinct No. 1
 
C.
Pct. 3
 
1.
Presentation for discussion, consideration, and approval to execute a professional engineering services contract/agreement for the provision of general engineering services for, "General Engineering on All Precinct No. 3 Projects ," with Javier Hinojosa Engineering as authorized & approved for negotiations by CC on 03/31/09.
 
2.
Presentation for consideration, discussion, and approval of Work Authorizations: #2-$71,725.50 for Phase I and #3-$58,957.50 for Phase II submitted by project engineer, Javier Hinojosa to provide engineering services in connection with: "Drainage Improvements within Prairie View Heights Subdivision Phases I & II" for Precinct No. 3.
 
D.
Pct. 4
 
1.
Presentation for consideration, discussion, acceptance and approval of Work Authorizations No. 2 in the amounts of $ 3,200.00 from Quintanilla, Headley & Associates, Inc. for surveying services for "PAVED/UN-PAVED COUNTY ROADS PROJECTS" (on an as needed basis)" within Hidalgo County Pct. No. 4, in connection with Contract No. C-08-433-11-04 for (Cesar Chavez Road North and South of Mile 19 North Road).
 
E.
IT Department:
 
1.
A.  Requesting approval to complete and submit a New Account Application (as required through vendor-GraybaR) for the purchase of IT related technology equipment, software & supplies (used by IT Techs.) with authority for County Judge or Court member to execute document;

B.  Authority to purchase IT related technology equipment, sofware & supplies through GraybaR, awarded vendor through the County's membership/participation with TASB's Buyboard contract#255-06 with said authority for purchase through 12-31-09;
 
F.
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)
 
21.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
22.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
23.
Adjourn