CC REGULAR
HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
COMMISSIONERS' COURT MEETING
June 15, 2009
9:30 A.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:
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 Rosalinda Villegas
E.
Claim of D.M. Roth, Inc.
F.
Claim of Lorenzo Cavazos
G.
Claim of Blanca Garcia Olivarez
H.
Claim of Norma Gallardo
I.
Cause #D-1-G-N-06-003322; SWEPI LP vs. Railroad Commission of Texas
J.
C-2223-08-E; Adrian Macal vs. Sheriff Lupe Trevino & Hidalgo County
K.
CL-09-1610-D; Andy Rios v. Hidalgo County and David Guerrero, Individually and as an employee of Hidalgo County
L.
Saul Tamez v. Laura L. Cardenas
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 Rosalinda Villegas
E.
Claim of D.M. Roth, Inc.
F.
Claim of Lorenzo Cavazos
G.
Claim of Blanca Garcia Olivarez
H.
Claim of Norma Gallardo
I.
Cause #D-1-G-N-06-003322; SWEPI LP vs. Railroad Commission of Texas
J.
C-2223-08-E; Adrian Macal vs. Sheriff Lupe Trevino & Hidalgo County
K.
CL-09-1610-D; Andy Rios v. Hidalgo County and David Guerrero, Individually and as an employee of Hidalgo County
L.
Saul Tamez v. Laura L. Cardenas
8.
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
9.
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
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"
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 #085898
C.
Status report regarding the SAFEGuard Project
11.
Health & Human Services Department - Eddie Olivarez:
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
12.
Emergency Services Division - Tony Pena:
A.
Fire Marshal's Office:
Discussion and approval of the following 2009 Interlocal Cooperation Agreement:
1. Palmview Fire Department
Discussion and approval of the following 2009 Interlocal Cooperation Agreement:
1. Palmview Fire Department
13.
Urban County - Diana Serna:
A.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Material Testing Services in connection with Hidalgo County Urban County Program from Hidalgo County Precinct No. 1 (Elsa) Program Year 21 (2008) for a Water/Sewer Improvement Project in the City of Elsa.
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 Elsa, Hidalgo Urban County Program and Hidalgo County Purchasing Department for the purposes of ranking by CC in connection with an Urban County Program Water/Sewer Improvement Project in the City of Elsa.
3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of _____________________ for the provision of Material Testing Services for an Urban County Program -City of Elsa Water/Sewer Improvement 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 City of Elsa, Hidalgo Urban County Program and Hidalgo County Purchasing Department for the purposes of ranking by CC in connection with an Urban County Program Water/Sewer Improvement Project in the City of Elsa.
3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of _____________________ for the provision of Material Testing Services for an Urban County Program -City of Elsa Water/Sewer Improvement project.
14.
Constables:
A.
Constable Pct. #1:
1. Appointment of Deputy Constables as per Texas Local Government Code Section 86.011.
2. Appointment of Reserve Deputy Constables as per Texas Local Government Code Section 86.012.
1. Appointment of Deputy Constables as per Texas Local Government Code Section 86.011.
2. Appointment of Reserve Deputy Constables as per Texas Local Government Code Section 86.012.
B.
Constable Pct. #2:
Appointment of Deputy Constable as per Texas Local Government Code Section 86.011
Appointment of Deputy Constable as per Texas Local Government Code Section 86.011
C.
Constable Pct. #3:
Request approval to accept ammended interlocal agreement between Hidalgo County and the La Joya Independent School District in relation to the Constable Precinct No. 3 Stop Truancy Program for 2009 - 2010 school year .
Request approval to accept ammended interlocal agreement between Hidalgo County and the La Joya Independent School District in relation to the Constable Precinct No. 3 Stop Truancy Program for 2009 - 2010 school year .
15.
Office of the County Judge:
A.
Presentation, discussion, and possible action regarding the City of Laredo's Weir Project.
B.
Appointment or Re-appointment of member to the Regional Water Authority Board
16.
County Court #4 - Judge Fred Garza:
A.
Approval of claim/invoice #14079 in the amount of $225.00 from Sign Language Interpreters, LLC for interpreting services, with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.
17.
J.P. Pct. 4, Pl. 2 - Mary Alice Palacios:
A.
Presentation for discussion, consideration, acceptance and approval of claims/invoice with authority for Hidalgo County Treasurer to issue payment to Tyler Technologies for invoice no. 59624 in the amount of $370.29 after it has been reviewed, audited and processing procedures are completed by the Hidalgo County Auditor.
18.
Elections Administration - Yvonne Ramon:
A.
Discussion, consideration, and approval to increase the fees for leasing and contracting of Hidalgo County Elections Services with various cities and entities.
B.
Presentation for discussion, consideration, acceptance and approval of the following claims/invoices with the authority for the Hidalgo County Treasurer to issue payment after it has been reviewed, audited and processing procedures have been completed by the Hidalgo County Auditor's Office.
| Vendor | Inv. Date | Inv. # | Amount |
| ES&S | 06/30/08 | 682270 | $18,900.00 |
| ES&S | 02/06/09 | 708585 | $45,500.00 |
| ES&S | 04/27/09 | 714754 | $ 2,362.51 |
| ES&S | 04/27/09 | 714753 | $15,793.00 |
| ES&S | 04/30/09 | 715892 | $45,505.00 |
19.
Headstart Program - Teresa Flores:
A.
Discussion/Approval to Submit Head Start Expansion Application under the American Recovery and Reinvestment Act of 2009 (ARRA)
20.
Sheriff's Office - Chief Martinez:
A.
Approval to accept donation of ammunition (valued at $328.52) from Walmart.
21.
Budget & Management - Raul Silguero Jr.:
A.
Edward Byrne Memorial:
1. Authorization and approval to apply for the FY 2009 Edward Byrne Memorial - Justice Assistance Grant (JAG) Program with the U.S. Department of Justice.
2. Authorization for County Judge to sign the required documents.
1. Authorization and approval to apply for the FY 2009 Edward Byrne Memorial - Justice Assistance Grant (JAG) Program with the U.S. Department of Justice.
2. Authorization for County Judge to sign the required documents.
B.
Energy Efficiency and Conservation Block Grant (EECBG):
1. Discussion, consideration, and approval of the Energy Efficiency and Conservation Block Grant (EECBG) Application with the U.S. Department of Energy.
2. Authorization for County Judge to sign the required documents.
1. Discussion, consideration, and approval of the Energy Efficiency and Conservation Block Grant (EECBG) Application with the U.S. Department of Energy.
2. Authorization for County Judge to sign the required documents.
C.
Precinct #1:
1. Approval to make payment to the Texas Department of Transportation (TXDOT) for State Review Fees in the amount of $20,000.00 in relation to the Mile 2 West & Mile 6 West road projects with authority for County Treasuer to issue check after review, audit, and processing procedures are completed by the County Auditor.
2. Approval of interfund transfer from Pct. 1 CO's 2006 (1336) to TXDOT Mile 6 West, program no. 039 and Mile 2 West, program no. 040 (1315) in the amount of $10,0000 each, respectively to fund the above mentioned payment.
1. Approval to make payment to the Texas Department of Transportation (TXDOT) for State Review Fees in the amount of $20,000.00 in relation to the Mile 2 West & Mile 6 West road projects with authority for County Treasuer to issue check after review, audit, and processing procedures are completed by the County Auditor.
2. Approval of interfund transfer from Pct. 1 CO's 2006 (1336) to TXDOT Mile 6 West, program no. 039 and Mile 2 West, program no. 040 (1315) in the amount of $10,0000 each, respectively to fund the above mentioned payment.
D.
Budget & Management Dept./Treasurers Dept.:
1. Discussion, consideration, and action on the Hidalgo County Pre-Enrollment & Enrollment Policy and Procedures.
2. Discussion, consideration, and action on the Hidalgo County Direct Deposit Policy and Procedures.
1. Discussion, consideration, and action on the Hidalgo County Pre-Enrollment & Enrollment Policy and Procedures.
2. Discussion, consideration, and action on the Hidalgo County Direct Deposit Policy and Procedures.
E.
Interdepartmental transfers:
1.
Pct. #3 La Homa Grove Estates & Ramon Leal Subdivision (1203):
Approval of 2009 interdepartmental transfer from Precinct #3 P/U Roads fund (1203) to La Homa Grove Estates fund 1203 (program 380) and to Ramon Leal Subdivision fund 1203 (program 591) in the total amount of $7,095.14.
Approval of 2009 interdepartmental transfer from Precinct #3 P/U Roads fund (1203) to La Homa Grove Estates fund 1203 (program 380) and to Ramon Leal Subdivision fund 1203 (program 591) in the total amount of $7,095.14.
2.
General Litigation (1100):
Approval of a 2009 interdepartmental transfer from County Wide Administration (1100) to General Litigation (1100) in the total amount of $30,000.00 to fund anticipated expenditures.
Approval of a 2009 interdepartmental transfer from County Wide Administration (1100) to General Litigation (1100) in the total amount of $30,000.00 to fund anticipated expenditures.
3.
Pct. #4 Drainage Improvement Projects C.O. 2009 Series (1339):
Approval of 2009 interdepartmental transfer within Certificate of Obligation Series 2009 Precinct #4 Drainage Improvement Project from (program 036) to Dikerson Pond (program 048) in the total amount of $5,000.00 to fund project expenditures.
Approval of 2009 interdepartmental transfer within Certificate of Obligation Series 2009 Precinct #4 Drainage Improvement Project from (program 036) to Dikerson Pond (program 048) in the total amount of $5,000.00 to fund project expenditures.
F.
Budget Appropriations:
1.
Pct. #2 R&B-BCAP Projects (1202):
Approval of 2009 interdepartmental transfer within Precinct#2 R&B (1202) from Precinct#2 P/U (program 006) to Eldora Gardens (program 252) in the amount of $8,000.00 and into Red Barn (program 605) in the amount of $6,000.00 to fund BCAP project expenditures.
Approval of 2009 interdepartmental transfer within Precinct#2 R&B (1202) from Precinct#2 P/U (program 006) to Eldora Gardens (program 252) in the amount of $8,000.00 and into Red Barn (program 605) in the amount of $6,000.00 to fund BCAP project expenditures.
2.
County Clerk Record Management (1237):
Approval of 2009 appropriation of funds for County Clerk Record Management in the amount of $50,000.00 to fund building repairs.
Approval of 2009 appropriation of funds for County Clerk Record Management in the amount of $50,000.00 to fund building repairs.
3.
HAVA Program (1283):
a. Approval of Certification of Revenues by the County Auditor for HAVA program income proceeds.
b. Approval to appropriate the HAVA program income proceeds of $32,544.30.
a. Approval of Certification of Revenues by the County Auditor for HAVA program income proceeds.
b. Approval to appropriate the HAVA program income proceeds of $32,544.30.
4.
Pct. #1 R & B (BCAP Projects)
Approval of 2009 interdepartmental transfer from Precinct No. 1 R&B (program 005) to Agua Dulce (program 019) in the amount of $5,731.84 and La Palma (program 391) in the amount of $11,962.81 for BCAP projects.
Approval of 2009 interdepartmental transfer from Precinct No. 1 R&B (program 005) to Agua Dulce (program 019) in the amount of $5,731.84 and La Palma (program 391) in the amount of $11,962.81 for BCAP projects.
22.
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.
Presentation, discussion, consideration, and approval to accept proposal from Carrier Corporation, awarded vendor through County's membership/participation with Buy Board's cooperative purchasing program for: "The Replacement of Air Handling Unit to include parts, labor and materials" for the Old Administration Building in the amount of $170,000.00.
B.
Pct. 2
1.
a. Requesting recission of the final contract form presented and approved by CC on 6-8-09 (and as yet not executed) with Dos Logistics (authorized for negotiations by CC on 5-19-09) for the provision of general engineering services for: "Building/Structure Repairs and/or Renovations" for county-owned buildings/structures located in Pct. #2;
b. Requesting approval of final contract form with Dos Logistics (authorized for negotiations by CC on 5-19-09) for the provision of general engineering services for: "Building/Structure Repairs and/or Renovations" for county-owned buildings located in Pct. #2;
b. Requesting approval of final contract form with Dos Logistics (authorized for negotiations by CC on 5-19-09) for the provision of general engineering services for: "Building/Structure Repairs and/or Renovations" for county-owned buildings located in Pct. #2;
C.
Pct. 4
1.
Requesting authority to re-advertise 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 #2009-210-06-03-OGG. Project received no bidders on bid opening date June 03, 2009.
D.
Elections Department
1.
a. Presentation for discussion, consideration, acceptance and approval of the mutual immediate termination of the Interlocal Agreement (#I-08-498-10-28) between the County of Hidalgo (Elections Dept.) and the City Of Pharr/EDC for the lease of office/warehouse as a training facility due to sale of said property to the PSJA Independent School District with rental payments to the City applicable through May of 2009;
b. Acceptance of Certificate of Occupancy issued by City of Edinburg and approval of Certificate of Completion reflecting the date of 5-29-09 as acknowledged by Hidalgo County Buildings & Grounds;
c. Acceptance of "Notice" from the City of Pharr/EDC of the sale of the training facility property (housing the Hidalgo County Elections Department-training/warehouse areas) to the PSJA Independent School District.
b. Acceptance of Certificate of Occupancy issued by City of Edinburg and approval of Certificate of Completion reflecting the date of 5-29-09 as acknowledged by Hidalgo County Buildings & Grounds;
c. Acceptance of "Notice" from the City of Pharr/EDC of the sale of the training facility property (housing the Hidalgo County Elections Department-training/warehouse areas) to the PSJA Independent School District.
E.
Colonia Access Program Pct. 1
1.
a. Presentation for discussion, consideration, acceptance and approval of Application for Payment No. 4 (Release of Retainage) in the amount of $18,660.75 from JM Construction, as submitted by TEDSI Infrastructure Group. C-CAP 08-004-02-20;
b. Requesting approval of "Certificate of Construction Completion" Submitted by project engineer TEDSI Infrastructure Group reflecting the completion date of January 12, 2009 for Bernal and Highland Subdivision C-CAP 08-004-02-20.
b. Requesting approval of "Certificate of Construction Completion" Submitted by project engineer TEDSI Infrastructure Group reflecting the completion date of January 12, 2009 for Bernal and Highland Subdivision C-CAP 08-004-02-20.
F.
Colonia Access Program Pct. 2
1.
Presentation for consideration, discussion, acceptance and approval of Change Order No. 2 with contractor Jimmy Closner and Sons Construction for Eldora Gardens Subdivision, Pct. No. 2 reflecting a net increase in the amount of $7,297.41 because stamp concrete driveway was added to replace existing driveway as submitted through project engineer R. Gutierrez Engineering Corporation-C-CAP 08-018-08-26.
2.
Presentation for discussion, consideration, and approval of a request from Closner Construction, LLC, awarded contractor (CC 5-19-2009 for CAP-09-183-04-29-YSI-Road & Drainage Construction for Citriana Village Subdivision) that disbursements funds be sent to disbursing administrator, SureTec Information Systems, Inc. (thus complying with the conditions set by the surety, SureTec Insurance Company) for the proceeds earned and to be earned under the contract identified herein and awarded to Closner Construction, LLC.
G.
Colonia Access Program Pct. 3
1.
Requesting authority to advertise for Road & Drainage Construction of Basham No. 18 Subdivision, a BCAP project with plans and specifications drafted by project engineer, Javier Hinojosa Engineering/Consultant Engineers.
H.
Sheriff's Office
1.
Requesting approval of a clarification to bid and contract awards (as approved by CC on 6-8-09, AI 15676) for "Tires, Mounting, Rotation and Balancing Services" for Hidalgo County Sheriff's Office - Bid No. 2009-127-04-29-ERT, to reflect award for (TIRES ONLY) to multiple bidders: A to Z Tire & Battery, Inc.; Southern Tire Mart, L.L.C.; Tire Centers, L.L.C. that met all specifications and requirements with notification by Sheriff's Department of their request not to re-advertise for: "Tire Mounting, Rotation and Balancing Services" at this time.
I.
Adult Probation
1.
a. Requesting approval to reject sole bid received for: Hidalgo County Adult Probation- "Purchase of Storage Lockers" Bid No. 2009-187-06-03-YZV as per requesting department directive;
b. Requesting Authority to re-advertise and approval of procurement packet (ie. Specifications-requirements, legal notice, draft contract etc.) for Hidalgo County Adult Probation- Bid No. 2009-261
b. Requesting Authority to re-advertise and approval of procurement packet (ie. Specifications-requirements, legal notice, draft contract etc.) for Hidalgo County Adult Probation- Bid No. 2009-261
J.
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)
23.
Adjourn