CC REGULAR
HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
COMMISSIONERS' COURT MEETING
August 11, 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 Guadalupe Guzman
E.
Claim of Marcus Cunningham
F.
Rebecca R. Gonzalez and Manuela Torres in behalf of San Juana Maria Torres v. Mauro L. Reyna, III
G.
Cause No. CCD-0009-A; State of Texas and Hidalgo County, Texas vs. GKS Investments, LLC, Arcelia Norma Flores a/k/a Arcelia Flores, Sandra F. Gonzalez and Texas State Bank (as Lienholder); In the County Court At Law No. 1 of Hidalgo County, Texas.
H.
Nora Hernandez Solis v. Hidalgo County
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 Guadalupe Guzman
E.
Claim of Marcus Cunningham
F.
Rebecca R. Gonzalez and Manuela Torres in behalf of San Juana Maria Torres v. Mauro L. Reyna, III
G.
Cause No. CCD-0009-A; State of Texas and Hidalgo County, Texas vs. GKS Investments, LLC, Arcelia Norma Flores a/k/a Arcelia Flores, Sandra F. Gonzalez and Texas State Bank (as Lienholder); In the County Court At Law No. 1 of Hidalgo County, Texas.
H.
Nora Hernandez Solis v. Hidalgo County
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 to process payment of claims from J. Roel Garcia, Attorney at Law totaling $ 935.00 in connection with legal representation for indigent defendant (invoice period June 2005 to August 2005) with authority for County Treasurer to issue payment after review and auditing procedures are completed.
C.
Discussion, consideration, and action on a joint use agreement between Hidalgo County Irrigation District #2 and The County of Hidalgo.
D.
Discussion, consideration, and action on acceptance of Easement from Hidalgo County Irrigation District #2 to the County of Hidalgo.
E.
Status report on 2010 Budget Process/Plan
11.
Safety Division - Roy Quintanilha:
A.
Approval to accept settlement check from Allstate Insurance Company in the amount of $80.00 for an auto accident with County vehicle (WIC).
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.
Fire Marshal's Office:
Discussion and approval of the following 2009 Interlocal Cooperation Agreement :
1. La Villa Fire Department
Discussion and approval of the following 2009 Interlocal Cooperation Agreement :
1. La Villa Fire Department
14.
HIDTA - Task Force - Dora Munoz:
A.
1. Authorization and approval to amend the 2008 Equitable Sharing Agreement and Certification Report
2. Requesting authorization for the county judge to execute the Amended 2008 Equitable Sharing Agreement and Certification Report
2. Requesting authorization for the county judge to execute the Amended 2008 Equitable Sharing Agreement and Certification Report
15.
Urban County - Diana Serna:
A.
1. Hold Public Hearing to consider public comments on a proposed budget and program amendment for Pct. #1 utilizing Urban County funds from Program Years 19, 20, and 21 (2006, 2007, & 2008) for consideration of project addition and a project cancellation to the 2006 & 2007 work plans, and transfer of surplus funds for expired public service agreements in the 2008 work plan.
2. Consideration and Approval of Budget & Program Amendment to the Urban County Pct. #1 Years 19, 20, & 21 (2006, 2007, & 2008) CDBG workplan to re-allocate 2006 Water/Sewer Improvements line item funds for the installation of water lines to residents in the outskirts of the City of La Villa deleting the City of Donna project. The City of Donna has completed their w/s improvements project. The 2007 Water/Sewer Improvements line item will delete the Elsa waterline project and re-allocate the funds to the Parks, Rec. Facility Improvements. The 2008 funds will decrease the public services line items for the expired sub recipient agreements and allocate the funding to the Parks Rec. Facility Improvements to include additional lighting at the Park.
2. Consideration and Approval of Budget & Program Amendment to the Urban County Pct. #1 Years 19, 20, & 21 (2006, 2007, & 2008) CDBG workplan to re-allocate 2006 Water/Sewer Improvements line item funds for the installation of water lines to residents in the outskirts of the City of La Villa deleting the City of Donna project. The City of Donna has completed their w/s improvements project. The 2007 Water/Sewer Improvements line item will delete the Elsa waterline project and re-allocate the funds to the Parks, Rec. Facility Improvements. The 2008 funds will decrease the public services line items for the expired sub recipient agreements and allocate the funding to the Parks Rec. Facility Improvements to include additional lighting at the Park.
16.
Office of the County Judge:
A.
Presentation, discussion, and possible action on the Hidalgo County Regional Mobility Authority Report.
17.
Right of Way - Joe Pena:
A.
Authorization for County Judge to execute Earnest Money Contract between the County of Hidalgo and ECEA, Inc. for the LJ Drainage Improvement Project with authority for County Auditor to review and complete processing procedures and for County Treasurer to issue check in the amount of $1,000.00 to Valley Land Title Company as Earnest Money Deposit and $100 option fee made payable to ECEA, Inc.
B.
North Alamo Water Supply:
1. Authorization for an open cut approximately 2200' east of FM 1423 on the south side of Eldora Road, open cut will be made in the middle of the road. Install a 2" waterline with 3/4" service connection - Melinda Hernandez.
2. Authorization for an open cut approximately 3/4 mile south of Mile 12 North on the west side of Mile 3 1/2 West Road, open cut will be made in the middle of the road. Install a 2" waterline with 3/4" service connection - Rolando Guerra.
1. Authorization for an open cut approximately 2200' east of FM 1423 on the south side of Eldora Road, open cut will be made in the middle of the road. Install a 2" waterline with 3/4" service connection - Melinda Hernandez.
2. Authorization for an open cut approximately 3/4 mile south of Mile 12 North on the west side of Mile 3 1/2 West Road, open cut will be made in the middle of the road. Install a 2" waterline with 3/4" service connection - Rolando Guerra.
C.
Consideration, action and/or approval to accept the dedication of West Gate Acres Subdivision - 1.43 acres of land out of FT 462 West and Adams Tracts Subdivision.
18.
Tax Office - Armando Barrera:
A.
Approval of Annual Report for July 1st, 2008 through June 30th, 2009.
19.
Colonia Access Program - Agapito Vargas
A.
Presentation, consideration, discussion, acceptance and approval to Notify TXDOT of county's intent to close the 1st call (closing date August 21, 2009) - Border Colonia Access Program Projects.
B.
Discussion, consideration and action on Interlocal Agreement between County of Hidalgo and The City of Alton to construct 3rd Call Border Colonia Access Program within the city of limits of Alton (Vereda Tropical Subdivision and Palm Lake Estates Subdivision).
20.
Precinct #3 - Comm. Flores:
A.
Requesting approval of Interlocal Cooperation Agreement between the County of Hidalgo and City of Mission.
21.
Budget & Management - Raul Silguero Jr.:
A.
Hurricane Dolly (1100):
1. Approval of 2009 interdepartmental transfer from Hurricane Dolly to County Wide Administration in the amount of $68,492.00 to reverse AI#16775 presented to CC on 08/04/09.
1. Approval of 2009 interdepartmental transfer from Hurricane Dolly to County Wide Administration in the amount of $68,492.00 to reverse AI#16775 presented to CC on 08/04/09.
2. Approval of Certification of Revenues as certified by the County Auditor for the FEMA Category E Building reimbursements in the amount of $43,766.53
3. Approval of appropriation of funds to Designated Purpose Funds (1280) for Category E Building repairs in the amount of $43,766.53
4. Approval of appropriation of funds and interfund transfer to Designated Purpose Funds (1280) for Catergory E building repairs in the amount of $33,347.41 as per Texas Local Government Code Section 111.070 to address emergency expenditures related to Hurricane Dolly
4. Approval of appropriation of funds and interfund transfer to Designated Purpose Funds (1280) for Catergory E building repairs in the amount of $33,347.41 as per Texas Local Government Code Section 111.070 to address emergency expenditures related to Hurricane Dolly
5. Approval of 2009 interfund transfers from General Fund (1100) to Designated Purpose Funds (1280) for building repairs in the amount of $584,433.82 as per Texas Local Government Code Section 111.070 to address emergency expenditures related to Hurricane Dolly.
B.
COPS Universal Hiring Grant (1284):
Approval to deobligate funds that were left over from last year's local match from COPS Universal Hiring Grant Retention Phase (1284) and appropriate into Co. Wide Administration-Contingency (1100) in the amount of $43,445.46.
Approval to deobligate funds that were left over from last year's local match from COPS Universal Hiring Grant Retention Phase (1284) and appropriate into Co. Wide Administration-Contingency (1100) in the amount of $43,445.46.
C.
Interdepartmental transfers:
1.
Pct. #1 R & B (1201):
a. Approval of 2009 interdepartmental transfer from Pct. 1 P/U Rd, program #005, to Pct. 1 North Capisallo, program #495 in the amount of $8,000.00 to fund surveying services provided by Dos Land Surveying (PO #613945).
b. Approval of 2009 interdepartmental transfer from Pct. 1 P/U Rd, program #005, to Pct. 1 Diaz Subdivision, program #228 in the amount of $8,700.00 to fund surveying services provided by Dos Land Surveying (PO #618514).
a. Approval of 2009 interdepartmental transfer from Pct. 1 P/U Rd, program #005, to Pct. 1 North Capisallo, program #495 in the amount of $8,000.00 to fund surveying services provided by Dos Land Surveying (PO #613945).
b. Approval of 2009 interdepartmental transfer from Pct. 1 P/U Rd, program #005, to Pct. 1 Diaz Subdivision, program #228 in the amount of $8,700.00 to fund surveying services provided by Dos Land Surveying (PO #618514).
2.
Pct. #1 CO's 2009 (1339):
Approval of 2009 interdepartmental transfer from Pct. 1 Drainage Improvement Project, program #052, to Pct. 1 Mile 6W & Mile 13N, program #055, in the amount of $12,482.75 to fund engineering services provided by Dos Logistics (PO #611041).
Approval of 2009 interdepartmental transfer from Pct. 1 Drainage Improvement Project, program #052, to Pct. 1 Mile 6W & Mile 13N, program #055, in the amount of $12,482.75 to fund engineering services provided by Dos Logistics (PO #611041).
3.
Fire Marshal's (1100):
Approval of Inter-Departmental Transfer from Alamo Fire Department (prog 002) to La Joya Fire Department (prog 009) in the total of $10,500.00 to fund fire call expenditures.
Approval of Inter-Departmental Transfer from Alamo Fire Department (prog 002) to La Joya Fire Department (prog 009) in the total of $10,500.00 to fund fire call expenditures.
4.
Pct. #4 C.O. 2009 Series (1339):
Approval of 2009 interdepartmental transfer within Certificate of Obligations Series 2009 Precinct #4 Drainage Improvement Project from (program 036) to Hoehn Drain (program 067) in the amount of $42,500.00 to fund project expenditures.
Approval of 2009 interdepartmental transfer within Certificate of Obligations Series 2009 Precinct #4 Drainage Improvement Project from (program 036) to Hoehn Drain (program 067) in the amount of $42,500.00 to fund project expenditures.
5.
Workers' Comp.:
a. Approval to adjust Workers' Compensation rates.
b. Approval to transfer unneeded (due to revised rates) Worker's Compensation funds from various departments to the County Wide Administration-Contingency account.
a. Approval to adjust Workers' Compensation rates.
b. Approval to transfer unneeded (due to revised rates) Worker's Compensation funds from various departments to the County Wide Administration-Contingency account.
D.
Budget Appropriations:
1.
Children's Advocacy Center d/b/a Estrella's House (1100):
a. Discussion, consideration, and action regarding funding request from the Children's Advocacy Center, d/b/a Estrella's House.
b. Discussion, consideration, and action on Declaration of Support to the Children's Advocacy Center, d/b/a Estrella's House.
c. Approval of certification of revenues by the County Auditor for Unclaimed Electric Cooperatives Capital Credits revenues received by the Texas State Comptroller's Office in the amount of $68,231.62.
d. Approval of 2009 appropriation of funds for the Child Advocacy Center in the amount of $45,000.00.
e. Authorize County Treasuer/Auditor to issue check in the amount of $45,000.00 to Children's Advocacy Center, d/b/a Estrella's House.
a. Discussion, consideration, and action regarding funding request from the Children's Advocacy Center, d/b/a Estrella's House.
b. Discussion, consideration, and action on Declaration of Support to the Children's Advocacy Center, d/b/a Estrella's House.
c. Approval of certification of revenues by the County Auditor for Unclaimed Electric Cooperatives Capital Credits revenues received by the Texas State Comptroller's Office in the amount of $68,231.62.
d. Approval of 2009 appropriation of funds for the Child Advocacy Center in the amount of $45,000.00.
e. Authorize County Treasuer/Auditor to issue check in the amount of $45,000.00 to Children's Advocacy Center, d/b/a Estrella's House.
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.
Requesting authority to advertise with approval of plans and specifications developed with the Precinct and drafted by R. Gutierrez Engineering Corporation for Pct No. 2's - Civil-Site Work for Precinct No. 2 Office Complex Subdivision.
RFB No. 2009-037b-09-02-otm
RFB No. 2009-037b-09-02-otm
5.
a. Presentation for acceptance and approval of floor plans as drafted by project architect, Alcoser/Garcia/Associations, Inc. and developed through consultations with District Attorney and County Judge's office so as to proceed with advertising of project (approved by CC 6-8-09); if necessary,
b. Action related to any deletions, modifications, correction, additions to said plans approved in previous item;
c. Acceptance and approval of plans and specifications for the renovations and/or repairs of the third floor of the former administration building (located at 100 E. Cano, Edinburg, Texas) and not part of the or
d. Requesting approval to proceed to advise project architect, Alcoser Garcia Associates, Inc., that County will proceed to advertise the renovations of the former administration building (located at 100 E. Cano, Edinburg, Texas) as previously discussed and approved by CC on 6-8-09 with confirmation of the following:
1. Proceed with renovations as originally submit
b. Action related to any deletions, modifications, correction, additions to said plans approved in previous item;
c. Acceptance and approval of plans and specifications for the renovations and/or repairs of the third floor of the former administration building (located at 100 E. Cano, Edinburg, Texas) and not part of the or
d. Requesting approval to proceed to advise project architect, Alcoser Garcia Associates, Inc., that County will proceed to advertise the renovations of the former administration building (located at 100 E. Cano, Edinburg, Texas) as previously discussed and approved by CC on 6-8-09 with confirmation of the following:
1. Proceed with renovations as originally submit
6.
Recommending award of bid and approval of contracts to multiple bidders meeting all specifications and/or requirements as attached hereto for "Hidalgo County-Purchase of Uniforms & Accessories for all County Law Enforcement Agencies" Bid No.: 2009-068-07-15-SMA.
7.
Requesting approval to declare as "surplus" numerous vehicles ( County-owned and / or seized ) for the purpose of disposition through auction (scheduled for 8-22-09) as set forth Texas Local Goverment Code 263.152. (a)(1) and as further detailed on the Exhibit attached hereto.
8.
Discussion and action to approve the soliciting of proposals through the County's memberships/participation through interlocals, state, association awarded vendors for renovations and/or repairs (i.e. roof, A/C, plumbing, lighting, general construction, etc.)
B.
Pct. 1
1.
Acceptance and approval of final contract document including "Best And Final Offer" with Leo L. Rodriguez, Jr., dba Rodriguez Engineering (authorized for negotiations by CC on 07/21/09) for the provision of "Professional Surveying Services" for "The New Air Burner Site Property" project located adjacent to Sunrise Hill Site in Precinct No.1.
2.
Acceptance and approval of final contract document with L & G Engineering Laboratory (authorized for negotiations by CC on 07/21/09) for the provision of "Professional Construction Materials Testing Services" in connection with Precinct No. 1 Projects.
C.
Pct. 3
1.
Acceptance and approval of Work Authorization No. 3 (with an estimated cost of $22,161.89) with Javier Hinojosa Engineering to provide engineering services for the "Paving Improvement (28' Caliche Roadway) of Los Ebanos Road from Military Road north 4,900 feet." Contract No. C-09-176-04-28
2.
Requesting approval of Change Directive No. 2 in connection with the "Construction of the Meeting Hall/Pavilion for Precinct No. 3" from contracted vendor, G.A.S. Enterprises, Inc., and as recommended by project architect, Alcocer Garcia Associates with authority for County Judge or Court member to execute document.
3.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (a) (7) (C)... "electric power,."
b. Approval to issue payment to Magic Valley Cooperative, Inc (MVEC) in the amount of $2,792.79 through purchase order #626607. Magic Valley Electric Cooperative has facilities in place to provide service to the corner of Los Ebanos and 7 mile line in Mission, Texas.
b. Approval to issue payment to Magic Valley Cooperative, Inc (MVEC) in the amount of $2,792.79 through purchase order #626607. Magic Valley Electric Cooperative has facilities in place to provide service to the corner of Los Ebanos and 7 mile line in Mission, Texas.
D.
Pct. 4
1.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (a)(7)(C)...' electric power,...';
b. Approval to process and issue purchase order for requisition #159798 to Magic Valley Cooperative, Inc. (MVEC) in the amount of $1,546.70 for the provision of electric service for the New Hidalgo County Pct # 4 Linn/San Manuel Citizens Recovery/Collection Site/Station located in Precinct No. 4.
b. Approval to process and issue purchase order for requisition #159798 to Magic Valley Cooperative, Inc. (MVEC) in the amount of $1,546.70 for the provision of electric service for the New Hidalgo County Pct # 4 Linn/San Manuel Citizens Recovery/Collection Site/Station located in Precinct No. 4.
E.
WIC
1.
Recommending award of bid and approval of contract document to the lowest bidder meeting all specifications/requirements, terms and conditions as attached hereto for: Hidalgo County WIC Program-"Floor Maintenance for WIC clinics located in Hidalgo County"- Bid No. 2009-240-07-08-SGS
F.
Colonia Access Program Pct. 2
1.
Acceptance and approval of Change Order No. 1 with contractor Total Commitment, LLC for Los Encinos 1 & Los Encinos 2 Subdivisions, Pct. No. 2 reflecting a decrease in the amount of $19,527.85 because of deletion of installation of street entrance culvert and seeding, sprinkling, and mailboxes as submitted through project engineer Izaguirre Engineering Group, LLC (Contract No. C-CAP-09-128-05-05).
G.
Colonia Access Program Pct. 3
1.
Acceptance and approval of Change Order No. 1 with contractor, Asago Construction, for La Homa Groves Estates, Pct. No. 3 reflecting a decrease $4,920.00 because the installation of street entrance culvert and utility adjustments were deleted as submitted through project engineer, Izaguirre Engineering Group, LLC (C-CAP 09-129-07-07).
H.
Sheriff's Office
1.
a. Requesting authorization for Hidalgo County to purchase One (1) 2010 New Ford Expedition pursuant to action taken August 08, 2009 to apppropriate funds for proposed purchase through Philpott Motor LTD, Port Neches, Texas, the County's participation/membership with TASB Buyboard contract #281-07 in an amount not to exceed $24,138.00 which includes delivery, Buyboard fee's-project #09-344-OGG, or, in the alternative;
b. Pursuant to past directive by Commissioners Court, requesting authority to advertise a request for bids for the vehicle detailed in item above.
b. Pursuant to past directive by Commissioners Court, requesting authority to advertise a request for bids for the vehicle detailed in item above.
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)
23.
Adjourn