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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
June 2, 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.
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 AT&T
 
E.
AT&T Claim
 
F.
Claim of Isaac Flores
 
G.
Claim of Erica L. Reyna
 
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.
Claim of AT&T
 
E.
AT&T Claim
 
F.
Claim of Isaac Flores
 
G.
Claim of Erica L. Reyna
 
8.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
9.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
10.
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.
Discussion and action on rescheduling the court meeting of Tuesday, June 9, 2009 to Monday, June 8, 2009 at 9:00 am due to court members absence while attending conference
 
C.
Authority to seek and negotiate an Inter-local Cooperation Agreement between the County of Hidalgo and the City of Edinburg for use of the City's Council Chamber Room by Hidalgo County Commissioners Court to hold and conduct weekly agenda meeting while renovations/repairs/remodeling of the current facility (building) are completed.
 
11.
Safety Division - Roy Quintanilha:
 
A.
County Wide Insurance:
1.  Approval to accept renewal of accidental coverage insurance for volunteers from Montalvo Insurance Agency - Coverage period: June 5, 2009 through June 5, 2010
2.  Approval of payment of Invoice dated 05/04/2009 from Montalvo Insurance Agency in the amount of $788.00 for accidental coverage insurance for volunteers with authority for County Treasurer to issue check after review and processing procedures are completed by the County Auditor.
 
12.
Health & Human Services Department - Eddie Olivarez:
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
B.
1.  Approval to accept the attached Bioterrorism Discretionary Fund Phase II Grant Contract #2009-031325, Attachment #001, in the amount of $308,291.00 for the period 6/1/2009 to 11/30/2009.

2.  Approval of Certification of Revenues as certified by the County Auditor for the Bioterrorism Discretionary Fund Phase II Grant.

3.  Requesting approval of the attached Bioterrorism Discretionary Fund Phase II Grant Budget for the period 6/1/2009 to 11/30/2009 (Account #9-1293-441-00-340-041-9).
 
13.
IT Department - Renan Ramirez:
 
A.
Discussion, consideration, and approval to extend the existing cellular phone services until Aug. 31, 2009, and to include May 31, 2009 & June 1, 2009 to enable the County to transition to the newly adopted Hidalgo County Wireless Communication Services Policy in a more cost-effective manner.
 
B.
Discussion, consideration and approval for Fire Marshal's Office to continue existing cellular services as well as upgrade of equipment with Sprint for the following county owned department assigned cell phones.
 
1. 956-239-1180 (Juan Martinez) BE1000 BASIC PLAN, E-MAIL AND WEB PLAN – REQ# 155742
2. 956-289-3857 (Wesley Bradley ) BE1000 BASIC PLAN, E-MAIL AND WEB PLAN – REQ# 155782
3. 956-289-3873 (Marco Moreno) BE1000 BASIC PLAN, E-MAIL AND WEB PLAN – REQ# 155788
4. 956-393-1848 (Javier Garcia) BE1000 BASIC PLAN, E-MAIL AND WEB PLAN – REQ# 155783
 
C.
Discussion, consideration and approval for Emergency Management to continue with existing cellular services as well as upgrade of equipment with Sprint for the following county owned department assigned cell phones.

1. 956-720-2165 (Belinda Alvarez) BE1000 BASIC PLAN, E-MAIL AND WEB PLAN - REQ#155746
2. 956-227-5914 (Brenda Garza) BE1000 BASIC PLAN, E-MAIL AND WEB PLAN - PO#615694
3. 956-328-9129 (Mario Betancourt) BE1000 BASIC PLAN, E-MAIL AND WEB PLAN - PO#615693
4. 956-457-1080 (Rolando Benavidez) BE1000 BASIC PLAN, E-MAIL AND WEB PLAN - PO#615644
 
D.
Discussion, consideration and approval to purchase one (1) department assigned cell phone and service with Sprint to be assigned to Tommy Ureste - REQ#155789(Pending)
 
E.
Discussion, consideration and approval to purchase four (4) Computer Broadband Data Cards from Sprint for the  Fire Marshal's Office to be assigned to: Juan Martinez, Wesley Bradley, Marco Romero and Tommy Ureste.   REQ#154005
 
14.
Urban County - Diana Serna:
 
A.
Approval of a Proclamation declaring June 2009 Home Ownership Month within the County of Hidalgo.
 
15.
Constables:
 
A.
Appointment of (reserve) Deputy Constable Carlos Rivas under Local Government Code section 86.012.
 
16.
Office of the County Judge:
 
A.
Discussion, consideration and selection of projects for the Energy Efficiency and Conservation Block Grant.
 
B.
Discussion, consideration, and approval of Interlocal Cooperation Agreement between Hidalgo County, Texas Workforce Solutions, and the City of Donna.
 
C.
Discussion, consideration, and approval of Interlocal Cooperation Agreement between Hidalgo County, Workforce Solutions, and the City of Alamo.
 
D.
Approval of members for The Historical Commission.
 
E.
Discussion and possible action regarding Hidalgo County's Legislative Program for the 81st Session of the Texas Legislature.
 
17.
County Treasurer - Norma Garcia:
 
A.
Approval of Hidalgo County Investment Policy.
 
18.
District Attorney's Office - Roy Cazares:
 
A.
Requesting acceptance and approval of claim from Truesec Inc. in the amount of $3,520.00 with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by the County Auditor. 
 
B.
DA's Bad Check (1222):
1. Approval to create 4 temporary part-time Clerk Typist positions, slot no.'s T021, T022, T23 and T024, budgeted hourly rate $9.00 per hour.
2. Approval of 2009 appropriation of funds
3. Approval of revised salary schedule.
 
19.
Right of Way - Joe Pena:
 
A.
Consideration and approval to purchase a certain tract of land described as Parcel 42 - Alamo Brisas Subdivision.
 
B.
Authorization for discussion, consideration and/or approval to enter in a License Agreement between the County of Hidalgo and Hector Guerra for an extension of present location for the Monte Alto Collection Site.
 
20.
Tax Office - Armando Barrera:
 
A.
Discussion, consideration and approval of Inter-Local Cooperation Agreement for Tax Assessment and Collection of taxes between the County of Hidalgo and the City of Palmview effective October 1, 2009.
 
21.
Precinct #1 - Comm. Handy:
 
A.
Requesting approval of Permit which grants permission to work within the drainage ditch right of way for the purpose of cleaning, maintenance, and surveying upon existing drain ditches located in Lots, 1-4- Block 32, and Lots 1-4, block 23 of La Donna Subdivision, between Donna Irrigation District, Hidalgo County No. 1 and Hidalgo County.
 
22.
Precinct #3 - Comm. Flores:
 
A.
Discussion and action as it relates to the development of a Rail Project in Hidalgo County.
 
23.
Precinct #4 - Comm. Garza:
 
A.
Approval of farm & ranch earnest money contract - Barry Dickerson and wife Linda Dickerson for purchase of real property consisting of grain fields & sugar cane fields.
 
B.
Approval of farm & ranch earnest money contract - Barry Dickerson and wife Linda Dickerson for purchase of real property consisting of sugar cane fields.
 
24.
Budget & Management - Raul Silguero Jr.:
 
A.
2009 First Quarter Budget Report - General Fund:
1.  Presentation, report, and discussion on actual, estimated, and projected Revenues and Expenditures for budget years 2008, 2009, 2010, and resulting or related budget issues.
2.  Presentation, report, and discussion on 2009-2010 debt service and 2010 Capital Improvement Plan (CIP) capital projects.
 
B.
Interdepartmental transfers:
 
1.
Pct. #4 R&B - (1204)
Approval of 2009 interdepartmental transfer within Pct #4 R&B (1204) from (program 007) to Lake View Subdivision (program 401) in the amount of $76,447.00 to fund project expenditures.
 
2.
Independent Audit (1100):
Approval of 2009 interdepartmental transfer from Co. Wide Administration to Independent Audit in the amount of $18,431.25 due to an increase in contract price.
 
3.
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) in the total amount of $2,500,000.00 to fund land acquisition.
 
4.
Constable Pct. #3 (1100):
Approval of 2009 interdepartmental transfer in the total amount of $8,689.58 from Co Wide Contingency to Constable Precinct. #3 to fund overtime wages as per interlocal agreement with Drainage District No. 1
 
5.
Pct. 1 Sanitation (1100):
Approval of 2009 interdepartmental transfer from Co Wide Contingency to Precinct No. 1 Sanitation in the total amount of $1,880.00 to fund salary related expenditures for temporary positions.
 
6.
District Clerk's Office (1100):
Approval of 2009 interdepartmental transfer from Co Wide Contingency to District Clerk's Office in the total amount of $2,738.56 to fund salary related expenditures for temporary positions.
 
D.
Interfund transfers:
 
1.
Pct. #3 Drainage Improvement Project (1203):
Approval of 2009 interfund transfer from County Wide Road and Bridge (1200) to Precinct 3 Road and Bridge Drainage Improvement Project (1203) in the amount of $642,910.60 to fund un-capitalizable drainage expenditures and to fund other projects for 2009.
 
2.
County Wide Contingency (1100):
Approval of 2009 interfund transfer from Road and Bridge Precinct 3 (1203) to County Wide Contingency (1100) in the amount of $208,294.12 to fund other 2009 projects.
 
E.
Budget Appropriations:
 
1.
Budget and Management (1100):
A. Authorization for County Treasurer to issue payment to Beck Disaster Recovery, Inc. for invoices totaling $1,765,387.44 after Auditor review and audit procedures have been completed.
B. Approval and authorization of 2009 appropriation in the amount of $441,346.86 (25% of Beck Invoices) from General Fund (1100) unreserved fund balance as per Texas Local Government Code Section 111.070 to address emergency expenditures related to Hurricane Dolly.
C. Approval and authorization to set up a receivable in the amount of $1,324,040.58 which represents a 75% reimbursement from FEMA and or Local Jurisdictions for debris removal.
 
2.
Constable Pct. #3 Stop Truancy Program:
a. Approval of certification of revenues by the County Auditor for the Constable No. 3 Stop Truancy program.
b. Approval to appropriate funding from School District and local match.
c. Approval to set salaries.
 
3.
Court Reporter Fund (1239):
Approval of 2009 appropriation of funds for Court Reporter in the amount of $60,000.00 to fund expenditures for court costs and investigations.
 
F.
Salary Schedule Changes:
 
1.
Co. Clerk Record Archive (1100):
a.  Approval to extend four (4) temporary full-time Deputy Clerk positions, slot #'s T001, T002, T003, and T004, budgeted hourly rate $10.00 per hour, positions not to exceed six months and/or 12/31/2009.
b.  Approval to create one (1) temporary full-time Deputy Clerk position, slot # T009, budgeted hourly rate $10.00 per hour, position not to exceed six months and/or 12/02/2009.
c.  Approval of appropriation of funds in the amount of $56,991.00 to fund salaries and related fringes for temporary positions.
d.  Approval of revised salary schedule.
 
2.
Pct. #4 R&B (1204): 
a.  Approval to delete one (1) vacant regular full-time Office Clerk/Receptionist position, slot #052, budgeted salary $18,640.00. 
b.  Approval to create one (1) regular full-time Accounts Payable Clerk position, slot #055, budgeted salary $28,000.00. 
c.  Approval of intradepartmental transfer to fund salary and related fringes for position.
d.  Approval of revised salary schedule.
 
3.
Pct. #3 R&B (1203):
a.  Approval to create two (2) temporary full-time Office Clerk positions, slot no.'s T070 and T071, budgeted hourly rate $9.00 per hour. Positions not to exceed six (6) months and/or 12/02/09. 
b.  Approval of 2009 intradepartmental transfer to fund salaries for temporary positions.
c.  Approval of revised salary schedule.
 
4.
DBM-Workers' Comp. & Safety Division - Employee Transfer:
a.  Approval to delete slot #0012, budgeted salary $27,552.00.
b.  Approval to create slot #0012, budgeted salary $27,552.00 (Safety Division) and transfer employee no. 125237 from Workers Compensation to Safety Division, effective date 06/08/09. 
c.  Approval of interdepartmental transfer in the total amount of $21,000.00 from Co Wide Contingency to DBM Safety Division to fund salary and related fringes for position.
d.  Approval of revised salary schedule.
 
25.
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 
 
Hidalgo County
 
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 for discussion, consideration and approval of an amendment to service contract C-09-009-03-03 between Hidalgo County and Ricardo R. Guerra, dba, Guerra Construction Co.
 
5.
A.  Presentation of the evaluation scores for the sole statement of qualifications received for the purpose of Commissioners Court to rank as "qualified" so as to proceed with next step of the selection process in connection with the RFQ published by Hidalgo County for: "Consulting Services for Re-districting Plan", and, if approved;

B.  Authority for the Purchasing Department to negotiate a letter of engagement with the qualified sole respondent, Hon. Rolando R. Rios & Associates, PLLC in connection with "Consulting Services for Redistricting Plan for Hidalgo County". 
 
B.
Pct. 1
 
1.
Presentation for discussion, consideration, acceptance and approval of Work Authorization No. 1 in the amount of $2,000.00 with Leonel Garza, Jr. & Associates, to provide professional appraiser services corresponding to the Texas Department of Transportation Form A-5 and/or A-6 format for: "Campacuas S20 AC of Lot 8 Block 118 19.39 AC Net, to be known as Precinct No.1 Air Burner Site" through Contract #09-169-05-05.
 
C.
Pct. 2
 
1.
Approval of Request for Payment #3 (A-E) in the amount of $73,341.82 from V-A Architecture, contracted architect for the design and construction of New Precinct Administration Offices under Contract No. #C-09-037-01-13 with authority for County Treasurer to issue a payment/check after Auditor's review and processing procedures completed.
 
2.
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A)(4) a professional service for architectural services in connection with county owned buildings needing repairs and/or renovations located in Precinct #2 for compliance with statutory occupational code provisions;

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 architectural services required in connection with county owned buildings needing repairs and/or renovations located in Precinct #2 for compliance with statutory occupational code provisions;

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

C. Authority for the Purchasing Department to negotiate a professional architectural services contract with the No.1 ranked firm of ___________________________ for the provision of architectural services (on an As Needed Basis) as described and detailed above and herein.
 
D.
Pct. 3
 
1.
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A)(4) a professional service for engineering services in connection with county buildings needing repairs and/renovations located in Precinct #3 for compliance with statutory occupational code provisions;

 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 county owned buildings that need repairs and/or renovations located in Precinct #3 to comply with statutory occupational code limits;

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 (on an As Needed Basis) as identified and detailed above and herein;

D. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A)(4) a professional service for architectural services  in connection with county buildings needing repairs and/or renovations located in Precinct #3 for compliance with statutory occupational code provisions;

E. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded & evaluated through the County's approved "pool" of Professional Architectural Services in connection with professional architectural services required for for county owned buildings needing repairs and/or renovations located in Precinct #3;

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

F. Authority for the Purchasing Department to negotiate a professional architectural  services contract with the No.1 ranked firm of ___________________________ for the provision of architectural  services (on an As Needed Basis) for as identified and detailed above and herein.
 
E.
Colonia Access Program Pct. 3
 
1.
Requesting authority to advertise for Road & Drainage Construction of Monica Acres Subdivision, a BCAP project with plans and specifications developed and drafted by project engineer, Javier Hinojosa Engineering.
 
F.
Sheriff's Office
 
1.
A. Presentation of scoring grid for the purposes of ranking by CC in connection with responses received for RFQ NO: 2009-122-04-15-MSS-Hidalgo County Sheriff's Office -"Professional Engineering Consulting Services for the Design of New Communications System";

No. 1: ___________________________________.

No. 2: ___________________________________.

No. 3: ___________________________________.

No. 4: ___________________________________.

B. Requesting authority for Purchasing Department to negotiate a contract for "Professional Engineering Consulting Services for the Design of New Communications System" with the number one ranked firm of ___________________ for project referenced project for the Hidalgo County Sheriff's Office.
 
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)
 
2.
Requesting approval of Agreement Granting Access to County Property in connection with a request by property owner, Double O Ent., dba, Fiesta Food Stores to access County Property in order to effect repairs to a sewer line as authorized presented to Commissioners' Court on 5-12-09.
 
26.
Adjourn