CC REGULAR
HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
COMMISSIONERS' COURT MEETING
July 7, 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:
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 H&V Equipment
E.
Claim of AT&T
F.
Claim of Jaime Hernandez
G.
C-1781-09-C; Gloria Luz Padilla v. Octavio Castaneda dba O.Castaneda Bail Bonds and J.E. "Eddie" Guerra, Constable
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 H&V Equipment
E.
Claim of AT&T
F.
Claim of Jaime Hernandez
G.
C-1781-09-C; Gloria Luz Padilla v. Octavio Castaneda dba O.Castaneda Bail Bonds and J.E. "Eddie" Guerra, Constable
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 request withdrawal for employee # 127078
C.
Discussion, consideration, and approval to amend the 2009 County Budget and reduce department appropriations (List attached) as per Section 111.0709, Texas Local Government Code.
11.
Safety Division - Roy Quintanilha:
A.
Approval to accept settlement check from State Farm Insurance Company in the amount of $902.07 for an auto accident with County (Sheriff Office).
12.
Health & Human Services Department - Eddie Olivarez:
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
13.
Emergency Services Division - Tony Pena:
A.
Discussion, consideration and Approval of Memorandum of Understanding Between The Texas Forest Service And Regional Incident Management Team Member And The Participating Agency/Employer with authority for Emergency Management Coordinator to execute documents
14.
IT Department - Renan Ramirez:
A.
Presentation for discussion, consideration, acceptance and approval of claim/invoice with authority for Hidalgo County Treasurer to issue payment to TECH DEPOT for the following invoice after it has been reviewed, audited and processing procedures are completed by the Hidalgo County Auditor.
| Vendor | Invoice Date | Invoice # | Amount |
| TechDepot | 4/18/08 | B080325785V1 | $299.99 |
15.
HIDTA - Task Force - Dora Munoz:
A.
1. Authorization and approval to accept the Interlocal Agreement between the Hidalgo County HIDTA Task Force and the City of McAllen Police Department as set forth under the Texas Code of Criminal Procedure Chapter 59 Article 59.06(b) Disposition of Forfeited Property.
2. Requesting a 1993 Chevrolet Custom Van, VIN 1GCDG15H7PF301079, asset number 34929 be removed from inventory.
B.
Discussion, consideration, and approval to add four (4) cell phones and air cards for the Hidalgo County District Attorney's office to be in accordance with the current cell phones used by the Hidalgo County HIDTA Task Force.
16.
Urban County - Diana Serna:
A.
Requesting authorization to extend agreement with The Salvation Army-ESG Surplus Funds until Sept. 30, 2009. The agreement terminated June 30, 2009.
B.
Hidalgo County Precinct No. 1 is requesting authority to contract for the installation of playground equipment at Sunrise/Sunset Park through Hidalgo County's membership and participation with TASB (BuyBoard) awarded vendor The PlayWell Group in the amount of $18,754.84.
C.
Consideration and Approval of County of Hidalgo Urban County Program Discharge Policy
D.
Requesting authorization to extend agreement with Mujeres Unidas/Women Together-ESG Surplus Funds until Sept. 30, 2009. The agreement terminated June 30, 2009.
E.
Requesting authorization to extend agreement with the Advocacy Resource Center for Housing-ESG Surplus Funds until Sept. 30, 2009. The agreement terminated June 30, 2009.
F.
Requesting authorization to extend agreement with Consumer Credit Counseling of South Texas-ESG Surplus Funds until Sept. 30, 2009. The agreement terminated June 30, 2009.
17.
Constables:
A.
Constable Pct. #3:
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.
18.
Office of the County Judge:
A.
Presentation for discussion, consideration, acceptance and approval of claim/invoice with authority for Hidalgo County Treasurer to issue payment to Seacoast Telecommunications Service Bureau D/B/A Link2Exchange in the amount of $1,593.00 (January thru April 2009) after they have reviewed, audited and processing procedures are completed by the Hidalgo County Auditor.
B.
Discussion, consideration, and approval of amendment to the General Fund Management Agreement between the County of Hidalgo and Valley Initiative for Development and Advancement (VIDA).
C.
Approval of resolution supporting the change of Farm-to-Market Road 1015 between U.S. Highway 83 and the Progreso International Bridge to Bill Summers International Boulevard.
19.
County Court at Law #1- Judge Rudy Gonzalez:
A.
1. Approval to increase the salaries of the following court employees:
2. Approval of Intradepartmental transfer.
3. Approval of revised salary schedule.
|
Slot No.
|
Position Title
|
Current Salary
|
Proposed Salary
|
Net Increase
|
|
0003
|
Court Coordinator |
$61,795.00
|
$64,000.00
|
$2,205.00
|
|
0004
|
Bailiff/Interpreter |
$44,100.00
|
$46,000.00
|
$1,900.00
|
|
0005
|
Court Administrator |
$44,835.00
|
$46,835.00
|
$2,000.00
|
2. Approval of Intradepartmental transfer.
3. Approval of revised salary schedule.
20.
Sheriff's Office - Chief Martinez:
A.
Sheriff Office Operation Stonegarden Grant (1284):
Approval of budget amendment for $79,128.00 for the City of Hidalgo, pursuant to sub-recipient interlocal agreement with the County of Hidalgo for the Operation Stonegarden Grant from the Governor's Division of Emergency Management.
Approval of budget amendment for $79,128.00 for the City of Hidalgo, pursuant to sub-recipient interlocal agreement with the County of Hidalgo for the Operation Stonegarden Grant from the Governor's Division of Emergency Management.
B.
Pursuant to Hidalgo County Cellular Telephone Policy, requesting approval of cell phone equipment and service for the period of July 2009 to May 2010 for Officer James Moon thru the Gulf Coast Violent Offender and Fugitive Task Force II grant with the U.S. Marshals Service (Account No. 9-1284-421-00-280-063-0-XXX).
21.
Precinct #2 - Comm. Palacios:
A.
Presentation for discussion, consideration, acceptance and approval of the following request for reimbursement as permitted under the County's approved Credit Card Fuel Policy for the personal expenditure for Pct #2 vehicle with authority for County Treasurer to issue payment/check after County Auditor's Office review and completion of processing procedures.
| Vendor Name | Invoice# | Inv. Date | Amount | PO# |
| Remigo Huerta | 22385 | 06/02/09 | $49.45 | N/A |
22.
Precinct #4 - Comm. Garza:
A.
Approval of Interlocal Cooperation Agreement between County of Hidalgo, Texas and Drainage District #1
23.
Budget & Management - Raul Silguero Jr.:
A.
Palmer Drug Abuse Program:
1. Approval to amend services agreement between Hidalgo County and Palmer Drug Abuse Program-McAllen, Inc. (PDAP) in order for PDAP to provide substance abuse counseling and education services.
2. Approval of 2009 appropriation of funds for the Drug Abuse Prevention & Rehabilitation fund (1224) in the amount of $1,500.00 to fund payment for Palmer Drug Abuse Program-McAllen, Inc.
3. Approval to make payment in accordance with amended services agreement between Hidalgo County and Palmer Drug Abuse Program-McAllen, Inc. in the amount of $1,500.00 with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by County Auditor.
1. Approval to amend services agreement between Hidalgo County and Palmer Drug Abuse Program-McAllen, Inc. (PDAP) in order for PDAP to provide substance abuse counseling and education services.
2. Approval of 2009 appropriation of funds for the Drug Abuse Prevention & Rehabilitation fund (1224) in the amount of $1,500.00 to fund payment for Palmer Drug Abuse Program-McAllen, Inc.
3. Approval to make payment in accordance with amended services agreement between Hidalgo County and Palmer Drug Abuse Program-McAllen, Inc. in the amount of $1,500.00 with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by County Auditor.
B.
Interdepartmental transfers:
1.
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 Verle Cray Curve Rd. Pond (program 063) in the amount of $2,500.00, to Verle Cray Curry Rd Pond (program 062) in the amount of $2,500.00, and to the North Branch Drain (program 049) in the amount of $40,948.00 to fund project expenditures.
Approval of 2009 interdepartmental transfer within Certificate of Obligation Series 2009 Precinct #4 Drainage Improvement Project from (program 036) to Verle Cray Curve Rd. Pond (program 063) in the amount of $2,500.00, to Verle Cray Curry Rd Pond (program 062) in the amount of $2,500.00, and to the North Branch Drain (program 049) in the amount of $40,948.00 to fund project expenditures.
2.
BCAP (1312):
Approval of 2009 interdepartmental transfer from BCAP Los Encinos #2 program(891) to BCAP Sundowners RTMNT CTR program(940) in the amount of $27,143.50 to fund anticipated project expenditures.
Approval of 2009 interdepartmental transfer from BCAP Los Encinos #2 program(891) to BCAP Sundowners RTMNT CTR program(940) in the amount of $27,143.50 to fund anticipated project expenditures.
3.
430th DC (1100):
Approval of 2009 interdepartmental transfer from County Wide Administration (1100) to 430th DC (1100) in the amount of $55,680.00 to fund building lease expenditures.
Approval of 2009 interdepartmental transfer from County Wide Administration (1100) to 430th DC (1100) in the amount of $55,680.00 to fund building lease expenditures.
4.
Co. Wide Adminstration - Contingency (1100):
Approval of 2009 interdepartmental transfer from General Fund - Appraisal Fees to Co. Wide Adminstration - Contingency in the amount of $22,359.16 to fund expected expenditures.
Approval of 2009 interdepartmental transfer from General Fund - Appraisal Fees to Co. Wide Adminstration - Contingency in the amount of $22,359.16 to fund expected expenditures.
C.
Budget Appropriations:
1.
a. Approval of Certification of Revenues as certified by the County Auditor for the FEMA Category C Road reimbursements in the amount of $933,646.43.
b. Approval of appropriation of FEMA Category C Road reimbursements funds to the respective Precincts in the total amount of $933,646.43.
b. Approval of appropriation of FEMA Category C Road reimbursements funds to the respective Precincts in the total amount of $933,646.43.
D.
Salary Schedule Changes:
1.
DA's Office (1100):
a. Approval to delete one (1) vacant regular full-time Criminal Investigator position, slot no. 025, budgeted salary $61,027.00 per year and delete allocated auto allowance in the amount of $3,600.00
b. Approval to create one (1) regular full-time Assistant District Attorney position, slot no. 090 budgeted salary at $61,027.00 per year and allocate $900.00 in auto allowance.
c. Approval of revised salary schedule
a. Approval to delete one (1) vacant regular full-time Criminal Investigator position, slot no. 025, budgeted salary $61,027.00 per year and delete allocated auto allowance in the amount of $3,600.00
b. Approval to create one (1) regular full-time Assistant District Attorney position, slot no. 090 budgeted salary at $61,027.00 per year and allocate $900.00 in auto allowance.
c. Approval of revised salary schedule
2.
Pct. 1 P/U RD:
a. Approval to delete one (1) regular full-time Administrative Assistant position, slot no. 0004, budgeted salary $59,568.00.
b. Approval to create one (1) regular full time Executive Assistant position, slot no. 0085, budgeted salary $59,568.00.
c. Approval to pay auto allowance to Executive Assistant position, slot no. 0085, in the amount of $5,000.00
d. Approval of 2009 intradepartmental transfer to fund salary and auto allowance for new position.
e. Approval of revised salary schedule.
a. Approval to delete one (1) regular full-time Administrative Assistant position, slot no. 0004, budgeted salary $59,568.00.
b. Approval to create one (1) regular full time Executive Assistant position, slot no. 0085, budgeted salary $59,568.00.
c. Approval to pay auto allowance to Executive Assistant position, slot no. 0085, in the amount of $5,000.00
d. Approval of 2009 intradepartmental transfer to fund salary and auto allowance for new position.
e. Approval of revised salary schedule.
24.
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.
Hidalgo County-Public Information Officer
Requesting approval to complete and submit credit application and related forms as required by vendor, Time Warner in connection with Hidalgo County airing Public Service Announcements notifying residents of the upcoming: Hurricane Preparedness Exposition to held on July 11, 2009 at McAllen Convention Center.
Requesting approval to complete and submit credit application and related forms as required by vendor, Time Warner in connection with Hidalgo County airing Public Service Announcements notifying residents of the upcoming: Hurricane Preparedness Exposition to held on July 11, 2009 at McAllen Convention Center.
5.
Requesting authority to re-advertise the same procurement packet (approved by CC on 6-15-09) for: Record and Delay Broadcast of Hidalgo County Commissioners Court Meetings" inasmuch as no bids were received-project #2009-296-07-29-YZV.
6.
Requesting authority to process and approve a Purchase Order for submitted requisition #158171 from the Department of Health & Human Service in the amount of $5,000.00 to the City of McAllen in connection with contribution and participation by Hidalgo County in the Dare to Prepare-Hurricane Preparedness Expo scheduled for July 11, 2009.
B.
Pct. 1
1.
Requesting approval for Payment Application #2 in the amount of $210,502.76 in connection with the "Culvert Crossing and Drainage Improvements Project-Mile 13N and Mile 6W from contracted vendor, "Closner Construction" through contract #C-08-320B-003-03-PO, #619358 with authority for County Treasurer to issue payment/check after County Auditor's review and processing procedures are completed.
2.
Acceptance and approval of Work Authorization No. 13 in the amount of $4,249.05 with L & G Engineering Laboratory, LLC, to provide Professional Engineering Services for "Construction Materials Testing Services For Mile 14-Mile 4W to FM 88 Project in Hidalgo County Precinct No.1 with contract #E-08-364-08-12.
C.
Pct. 2
1.
Requesting authority to advertise for the construction of the New Precinct #2 Administration Office for Hidalgo County and Other County Offices with plans and specs to be developed by project architect.
D.
Health & Human Services Dept.
1.
Recommending award of bid and approval of contract to the multiple vendors meeting all specifications and/or requirements as attached hereto for: Hidalgo County Health & Human Services Department - "Purchase of Contraceptives - Patch, Injection & Pill"-Project #2009-172-YZV.
2.
a. Requesting acceptance and approval of "Certificate of Substantial Completion" submitted by CAS Companies, L.P., reflecting substantial completion for the following listed clinics dated as of June 23, 2009 for the Health and Human Services Department -"Renovation of Clinics" (2008-221A-MSS).
1. Edinburg Clinic
2. Elsa Clinic
3. Hidalgo Clinic
4. Weslaco Clinic
b. Approval of Request for Payment on the following listed invoices and amounts, from CAS Companies, L.P., contractor for Hidalgo County Health and Human Services "Renovation of Clinics" (2008-221A-MSS)
1. Edinburg Clinic
2. Elsa Clinic
3. Hidalgo Clinic
4. Weslaco Clinic
b. Approval of Request for Payment on the following listed invoices and amounts, from CAS Companies, L.P., contractor for Hidalgo County Health and Human Services "Renovation of Clinics" (2008-221A-MSS)
| Clinic | PURCHASE ORDER No. | Purchase Order Amount: | Invoice No. | Invoice Amount | Retainage Fee |
| Weslaco | 617917 |
$96,884.44
|
0909506-1 |
$90,140.22
|
$4,744.22
|
| Elsa | 617916 |
$23,196.17
|
0909606-1 |
$20,136.36
|
$1,059.81
|
| Hidalgo | 617912 |
$35,575.09
|
0905406-1 |
$31,896.34
|
$1,678.75
|
| Edinburg | 617914 |
$129,923.08
|
0905806-1 |
$121,526.93
|
$6,396.15
|
E.
Colonia Access Program Pct. 2
1.
Requesting approval of final construction contract (awarded by CC on 05-19-09) for C-CAP-09-188-07-07 Road & Drainage Construction for Sundowner Recreational Center Subdivision between Hidalgo County and Closner Construction Co., LC in the amount of $219,997.65.
F.
Colonia Access Program Pct. 3
1.
Requesting approval of final construction contract (awarded by CC on 06-08-09) for C-CAP-09-129-07-07 Road & Drainage Construction for La Homa Groves Estate Subdivision between Hidalgo County and Asago Construction in the amount of $117,313.40.
G.
Sheriff's Office
1.
Recommending award of bid approval of contract document to the lowest bidder meeting all specificaition/requirements, terms and conditions as attached hereto for Sheriff's Office-"Drug Test Collection Services" project #2009-160-06-03-MEG.
2.
a. Requesting exemption from competitive bidding requirements under Texas Local Government Code, 262.024 (a) (7) (A) "Items for which competition is precluded because of existence of patents, copyrights, secret processes or monopolies" in connection with the Vista FX3 Package Software and/or components with VS Visual Statement Inc.
b. Requesting approval of a "Sole Source Declaration" for "VS Visual Statement Inc." with authority to purchase the Vista FX3 Package Software and/or components, for the Sheriff's Department through requisition #155507 in an amount not to exceed of $16,242.00.
b. Requesting approval of a "Sole Source Declaration" for "VS Visual Statement Inc." with authority to purchase the Vista FX3 Package Software and/or components, for the Sheriff's Department through requisition #155507 in an amount not to exceed of $16,242.00.
3.
a. Requesting exemption from competitive bidding requirements under Texas Local Government Code, 262.024 (a) (7) (A) "Items for which competition is precluded because of existence of patents, copyrights, secret processes or monopolies" in connection with the "Support and Maintenance Agreement" with Motorola for Premier MDC Silver with Motorola, Inc.
b. Requesting approval of a "Sole Source Declaration" for "Motorola, Inc." with authority to enter into a one (1) year "Support and Maintenance Agreement" for a "Premier MDC Silver", through requisition #156938 in an amount not to exceed of $27,057.00, effective July 1, 2009 through June 30, 2010.
b. Requesting approval of a "Sole Source Declaration" for "Motorola, Inc." with authority to enter into a one (1) year "Support and Maintenance Agreement" for a "Premier MDC Silver", through requisition #156938 in an amount not to exceed of $27,057.00, effective July 1, 2009 through June 30, 2010.
H.
Planning Department
1.
Requesting authority to complete, execute (if applicable), and file with the County Clerk;s Office (as statutorially required for vendors) the attached Conflict of Interest Questionnaire as required by Mercedes Independent School District in connection with the district obtaining a permit for electricity hook-up at a school building constructed outside the city's ETJ
I.
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)
25.
Adjourn