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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
May 5, 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.
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 Hardship withdrawal request for employee # 065404
 
C.
Pct. #4:
1.  Approval to rescind action taken on 4/7/09 regarding Interlocal Agreement with Willacy County (joint maintenance of road CR 10)
2.  Approval of Interlocal Agreement between Hidalgo County and Willacy County (joint maintenance of road CR 10) clarifying effective date of Agreement. 
 
D.
1.  Approval of "Emergency Declaration" due to Swine Influenza A
2.  Requesting exemption from competitive bidding requirements pursuant to Texas Local Government Code, Chapter 262, Section .024 (a) (1) (2) (3) and the granting of the order.
 
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.
Public Hearing regarding the draft 2009-2010 Hidalgo County Urban County Program One Year Action Plan.
 
B.
Approval of a Resolution authorizing approval and submittal of the 2009-2010 Annual Action Plan for Year 2009 to the Department of Housing and Urban Development (HUD).
 
C.
The Urban County Program, is requesting approval of amendment #3 to increase the professional services agreement with J.E. Saenz & Associates, Inc.  The amendment will change the scope of services to relocate the construction of a lab facility to the existing contract.  There will be a increase to amend the contract from the existing amount of $14,238.40 to the revised contract in the amount of $17,738.40.  Funds for said increase would be taken from the Elsa FY 18 (2005) Water/Sewer Improvements.
 
D.
The Urban County Program is requesting approval of a best and final negotiated contract with TEDSI Infrastructure Group in the amount of $ 7,000.00 utilizing Year 21 (2008) funds for a Street Improvements (Solar Light) Project within the Hidalgo County Precinct No. 4 area.
 
E.
Requesting approval of a Substantial Amendment to the Consolidation Plan 2008 Action Plan for the Homeless Prevention and Rapid Re-housing Program (HPRP) under the American Recovery Act and Reinvestment Act of 2009.
 
F.
Authorization to waive the County of Hidalgo's eligibility for the State of Texas Neighborhood Stabilization Program 2009 and granting Affordable Homes of South Texas, Inc., (AHSTI) a non-profit organization the authority to apply on our behalf.
 
9.
Human Resources - Esther Cortez:
 
A.
Discussion, consideration, and approval of request to the Hidalgo County Civil Service Commission for the Reorganization of the Office of Justice of the Peace Precinct 2, Place 2 pursuant to Civil Service Commission Rules Section 3.33 - 3.39 as proposed by Judge Rosa TreviƱo.
 
10.
Office of the County Judge:
 
A.
Approval of proclamation for Law Day 2009.
 
B.
Discussion and possible action regarding Hidalgo County's Legislative Program for the 81st Session of the Texas Legislature.
 
C.
Approval of proclamation recognizing May 3-9, 2009 as National County Government Week
 
D.
Discussion and approval of resolution opposing SB 700 by Dan Patrick relating to appraisals for ad valorem tax purposes, increased tax rates and/or similar legislation.
 
E.
Approval of proclamation recognizing May 7, 2009 as the National Day of Prayer
 
F.
Update on Hidalgo County Comprehensive Economic Development Strategy Project
 
11.
Planning Department - Raul Sesin:
 
A.
1. Preliminary Approval of Subdivision Plat 
a. Encore Ranches Subdivision - Pct. 4 (Richard Garza)

2. Discussion and possible action regarding Hidalgo County Legislative Program for the 81st Session of the Texas Legislature, more specifically, House Bill 1656, House Bill 3929 and House Bill 4669.
 
12.
Sheriff's Office - Chief Martinez:
 
A.
Sheriff Office Operation Stonegarden Grant (1284):
1. Approval of Certification of Revenues as certified by the County Auditor for the Operation Stonegarden Grant.
2. Approval of the following city budgets for awarded amounts pursuant to sub-recipient interlocal agreements with the County of Hidalgo for the Operation Stonegarden Grant from the Governor's Division of Emergency Management:
     
     a.  City of La Joya--$150,000.00
     b.  City of Palmview--$90,000.00
     c.  City of Pharr--$104,996.96
     d.  City of Mission--$105,000.00
 
B.
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 as certified by the County Auditors for the OCDETF cooperative agreement.
3.  Approval to appropriate funding of $3,500.00 in reference to investigation number SW-TXS-0662.
 
13.
Precinct #1 - Comm. Handy:
 
A.
1.  Requesting approval to name a section of Mile 17 N., also known as CR 3354.  The section from the curve going north is to be named: "Uncle Peters Road", as per request from 911 Department.

2.  Requesting approval to name CR 1380 in north Mercedes, "Cavazos Lane", as per request from 911 Department.

3.  Requesting approval to name two roads located to the south of Rancho Toluca Road in Relampago.  The proposed names are:  "Relampago Pvt. Drive East", and  "Relampago Pvt. Drive West", as per request from 911 Department.  
 
14.
Budget & Management - Raul Silguero Jr.:
 
A.
Pursuant to state and local "Declaration of Emergency" approved on 05-05-09 due to Swine Influenza A that threatens or has significant potential to threaten the health, safety, and security of the citizens of Hidalgo County, requesting authorization to appropriate two hundred fifty thousand dollars ($250,000.00) from General Fund unreserved fund balance as per Texas Local Government Code Section 111.070. 
 
B.
Interdepartmental transfers:
 
1.
Pct. #2 BCAP (1311):
Approval of 2009 interdepartmental transfer from Santana/Eldora, (program 253) to El Charro no. 2 (program 240), respectively in the amount of $12,062.54 to fund drainage improvement expenditures.
 
2.
Pct. #1 Sanitation (1100):
Approval of 2009 interdepartmental transfer in the total amount of $1,000.00 from Co Wide Contingency to Commissioner Pct. No. 1 to fund salaries for temporary position.
 
3.
Constable Pct. #3 (1100):
Approval of 2009 interdepartmental transfer in the total amount of $51,000.00 from Co Wide Contingency to Constable Precinct. #3 to fund overtime wages as per interlocal agreement with Drainage District No. 1.
 
4.
District Clerk (1100):
Approval of 2009 interdepartmental transfer in the total amount of $3,000.00 from Co Wide Contingency to District Clerk's Office to fund salaries for temporary positions.
 
5.
Pct. #2 CO 2004 Series (1334):
1. Approval of 2009 interdepartmental transfer within the Certificate of Obligation Series 2004 for Precinct#2, from the New Administration Building (program 021) to the WIC/Health Human Services building (program 041) and to the Tax Office building (program 042) in the amounts of $1,000,000.00 and $256,888.76 (respectively) to fund building projects for the precinct.

Pct.#2 CO 2006 Series (1336):
1. Approval of 2009 interdepartmental transfer within the Certificate of Obligation Series 2006 for Precinct#2, from Buildings (program 30) to the JP and Constables building (program 043) in the amount of $2,000,000.00 to fund the building project for the precinct.
 
6.
Pct. #1 R & B (1201):
Approval of interdepartmental transfer from P/U Rd program no. 005 to Florida St program no. 069 in the amount of $35,000.00 and to Palm St program no. 070 in the amount of $27,000.00, respectively, to fund street project(s) expenditure(s) in relation to the City of Mercedes Interlocal Agreement.
 
C.
Budget Appropriations:
 
1.
Pct. #2 R&B Co. Wide (1200):
Approval of 2009 appropriation of funds for Pct. #2 County Wide Mechanic Shop in the amount of $281,232.00 for the purchase of a winch truck tractor and Lowboy trailer.
 
2.
Department of Budget & Management (1100):
Approval and authorization to appropriate $3,922.40 from the General Fund unreserved fund balance as per Texas Local Government Code section 111.070 and in accordance with the Declaration of Emergency approved by Commissioners Court on July 28, 2008 (item 14.A.7) to address emergency expenditures related to Hurricane "Dolly" and "Ike" incurred in 2008 and processed in 2009.
 
D.
Salary Schedule Changes:
 
1.
Department of Budget & Managment/ DBM - Employee Benefits Division/County Treasurer:
A.  Approval to reclassify the following positions, as reviewed and recommended as per Section 3.22 of the Civil Service Commission:
DEPT.
FUND
SLOT NO.
CURRENT TITLE
CURRENT SALARY
NEW TITLE
NEW SALARY
DBM-Employee Benefits
2202
0001
W/C Division Administrator
$60,060.00
Director Employee Benefits Division
$67,158.00
DBM-Employee Benefits
2202
0009
W/C Clerk III
$38,220.00
Worker's Comp. Specialist II
$42,884.00
Dept. Budget & Mgmt.
1100
0012
Supervisor, Clerical Section
$35,490.00
Commissioners' Court Agenda Coordinator
$39,707.00
County Treasurer
1100
0002
Office Manager
$54,600.00
Chief Deputy II
$63,599.00

B.  Approval to create slot no. 0001 (Fund/ Dept: 2201-115-009), to cost allocate salary for Employee Benefits Director position.
C.  Approval to delete Auto Allowance of $4,000.00 for slot no. 0001, Director Employee Benefits Division.
D.  Approval of revised salary schedule.
 
2.
Planning Dept. (1100):
A.  Approval to allocate supplemental pay for one Drafting Technician I position, slot no. 008 (employee no. 156647) in the amount of $6,000.00 per year, for the duration of the Drainage Improvement Project.
B.  Approval of intradepartmental transfer to fund supplemental pay.
C.  Approval of revised salary schedule.
 
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.
Pursuant to Texas Local Government Code, requesting authority to publish advertisments for Auctions of Surplus Equipment, Vehicles, etc., scheduled for: May 23, 2009 June 27, 2009 July 25, 2009 August 22, 2009 September 26, 2009 and October 24, 2009 including, but not limited to, Abandoned and Unclaimed  Property or additional and/or necessary auctions.
 
5.
Recommending approval to cancel the current advertising for Bid No: 2009-019-05-06-Purchase Of Sand (authorized for publication by CC on 04/14/09) and authority to re-advertise in order to modify bid packet due to necessary changes to current specifications/requirements and authority to re-advertise project with the new title of: "Purchase And Delivery Of Storm Sewer Sand" which will be issued a new bid/project number.
 
6.
Requesting approval to declare as "surplus" numerous items and vehicles (County-owned and/or Seized) for the purposes of disposition through auction as set forth through Texas Local Government Code 263.152.(a)(1) and as further detailed on the Exhibit attached hereto. 
 
7.
A. Requesting authority to surplus approximately 84,300 cubic yards of TOP SOIL and 331,600 cubic yards of FILL DIRT to be excavated at the County owned forty (4) acres tract, also known as, Aguilar Detention Basin located on the corner of Dillon & Curry Roads for the purposes of disposition through sealed bids (for sale or exchange) in connection with the "San Carlos Drainage Improvements Project" #2009-210-OGG;
 B. Requesting authority to advertise and approval of procurement packet (i.e. legal notice, specifications and draft requirements agreement) as attached hereto for the sale or exchange for removal and hauling of top soil & fill dirt to be excavated at the 40 acre tract, aka, Aguilar Detention Basin in connection with the "San Carlos Drainage Improvements" project #2009-210-OGG.
 
8.
Pursant to Texas Code of Criminal Procedure Article 18.17(c), requesting authority to advertise (on the behalf of the Texas Department of Public Safety ) for the Abandoned and Unclaimed items as detailed on Exhibit "A"attached here to. 
 
B.
Pct. 1
 
1.
Pursuant to a directive by a Staff member of Precinct #1, presentation for discussion, consideration and action to cease contract negotiations with the #1 ranked and selected firm for Professional Engineering Services with "L & G Engineering" (previously approved by CC on 09/30/08) in connection to "C.I.P Projets", due to currently under contract with engineering firm providing professional engineering services for "Various R&B and C.I.P Projects" for Pct. #1 (Contract # C-08-389-10-28).
 
2.
Requesting approval of a professional appraisal services agreement with Leonel Garza, Jr. & Associates, LLC for the purposes of appraisal services for the "Various Road & Bridge and CIP Projects" on an "As Needed Basis" for Hidalgo County Precinct #1 and (as selected for negotiations through County's protocol from the "Pool" of appraisers by C.C. on 03/24/09), and (as approved by legal counsel).
 
C.
Budget & Management
 
1.
Pursuant to current agreement with Milliman, presentation for discussion, consideration, acceptance and approval of a proposal to conduct reserve calculations for Hidalgo County's Health Plans in an amount not to exceed $9,000.00
 
D.
Colonia Access Program Pct. 1
 
1.
Requesting authority to advertise for Road & Drainage Construction of: Los Castillos a BCAP project with plans and specifications drafted by project engineer, Izaguirre Engineering Group, LLC.
 
E.
Colonia Access Program Pct. 2
 
1.
Presentation for discussion, consideration and action on a recommendation by project engineer Yzaguirre Engineering Group, LLC to award to the lowest bidder meeting all specifications for the following bids;
A. Bid No. CAP-2009-128-03-25-YSI Los Encincos I Subdivision
B. Bid No. CAP-2009-128-03-25-YSI Los Encinos II Subdivision
and approval of contract subject to legal review and TXDOT approval.
 
F.
Colonia Access Program Pct. 3
 
1.
Presentation for discussion, consideration and action on a recommendation by project engineer Hinojosa Engineering, Inc. to award to the lowest bidder meeting all specifications for the following bids;
A. Bid No CAP-2009-131-03-25-YSI Jessan Subdivision
B. Bid No CAP-2009-131-03-25-YSI Resub Plat Jimenez Subdivision
and approval of contract subject to legal review and TXDOT approval.
 
G.
Sheriff's Office
 
1.
Presentation for discussion, consideration, acceptance and approval of a Detention Services Intergovernmental Agreement between the U. S. Department of Justice/United States Marshall Service and Hidalgo County pursuant to the authority of Section 119 of the Department of Justice Appropriations Acts of 2001 (Public Law 106-553) in connection with provision of bed space for federal prisoners
 
H.
County Clerk
 
1.
Presentation for discussion, consideration, acceptance, and approval of Application for Payment no. 3 (retainage release) in the amount of $9,107.90 and Certificate of Construction Completion submitted by Herrera & Hunt, Inc. (contracted vendor) for the County Clerk's Warehouse Emergency Roof Repairs Project with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by the County Auditor.
 
I.
Co. Wide
 
1.
Requesting authority to purchase from the County's memberships and/or participation:
A.  with TASB's Buyboard Cooperative Purchasing Program - one (1) new Peterbilt 367 "Winch Truck" Tractor with accessories and applicable fees in an amount not to exceed $177,537.00; and,
B.  with Harris County Department of Education's Cooperative Purchasing Program - one (1) new Eager Beaver 60 Ton, Self Lifting, Detachable Neck Lowboy Trailer with accessories and applicable fees in an amount not to exceed $103,695.00.
 
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)
 
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.
Civil Action No. 7:09-112; Maria G. Ybarra v. Hidalgo County
 
E.
C-818-08-D; Benito and Sandra Gonzalez et al vs. Hidalgo County
 
F.
Claim of Blanca Olivarez Garcia
 
G.
Claim of Pablo Hernandez
 
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.
Civil Action No. 7:09-112; Maria G. Ybarra v. Hidalgo County
 
E.
C-818-08-D; Benito and Sandra Gonzalez et al vs. Hidalgo County
 
F.
Claim of Blanca Olivarez Garcia
 
G.
Claim of Pablo Hernandez
 
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