CC REGULAR
HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
COMMISSIONERS' COURT MEETING
August 18, 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 Maria Olga Almanzar & Farmers Insurance Group
E.
Cause No. C-1528-08-C; Nora H. 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 Maria Olga Almanzar & Farmers Insurance Group
E.
Cause No. C-1528-08-C; Nora H. 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.
Discussion, consideration and action designating 201 N. Closner (corner of Closner and McInytre) as employee and public parking while conducting county business
C.
Approval of 457 Plan Hardship Withdrawal request for employee#65404
D.
Presentation and discussion on the 2010 Budget Development Process and Capital Improvement Plan (CIP)
E.
Discussion, consideration, and approval of Resolution Approving Notice of Intent to Issue Certificates Obligation (Series 2009-B) in an amount not to exceed $14,000,000.00.
11.
County Judge's Office:
A.
Approval of Resolution regarding the American Recovery and Reinvestment Act
B.
Approval of Resolution honoring Mr. Paul Cowen
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. Requesting approval to accept the attached RLSS-LPHS Grant Contract # 2010-032822, Attachment #001, in the amount of $126,424.00 for the period 09/01/2009 to 08/31/2010.
2. Approval of Certification of Revenues as certified by the County Auditor for the RLSS-LPHS - Grant Contract.
3. Requesting approval of the attached RLSS-LPHS Contract Budget and Salary Schedules for the period 09/01/2009 to 08/31/2010 (Account # 9-1293-441-00-340-006-0).
2. Approval of Certification of Revenues as certified by the County Auditor for the RLSS-LPHS - Grant Contract.
3. Requesting approval of the attached RLSS-LPHS Contract Budget and Salary Schedules for the period 09/01/2009 to 08/31/2010 (Account # 9-1293-441-00-340-006-0).
13.
Urban County - Diana Serna:
A.
The Urban County Program is requesting approval of a best and final negotiated Engineering Service contract with Cruz-Hogan Consultants, Inc. in the amount of $5,500.00 utilizing Years 18 & 19 (2005 & 2006) funds for a Water/Sewer Improvements Project in the City of Weslaco.
14.
Constables:
A.
Constable Pct. #4:
Approval to apply for the Texas 1033 Surplus Property Program with State of Texas for the transfer of property from the Department of Defense.
Approval to apply for the Texas 1033 Surplus Property Program with State of Texas for the transfer of property from the Department of Defense.
15.
370th District Court - Judge Noe Gonzalez:
A.
Presentation for discussion, consideration and approval of claim from Francisco B. Moreno in the amount of $55.22 for food purchased on June 25, 2009 for the 370th District Court Jury with authority for County Treasurer to issue payment after review, audit and processing procedures are completed by the County Auditor.
16.
District Attorney's Office - Roy Cazares:
A.
1. Approval of Certification of Revenues as certified by the County Auditor for the Crime Victim Coordinator Grant
2. Approval of FY 2010 appropriation of funds for the Crime Victim Coordinator Grant, Fund 1281, in the amount of $37,241.00.
3. Approval to decrease the budgeted salary for slot #G004 (Fund 1222) from $10,815.00 to $9,654.00 for cost allocation.
4. Approval of Crime Victim Coordinator Grant (1281) salary schedule and revised DA Bad Check (1222) salary schedule.
2. Approval of FY 2010 appropriation of funds for the Crime Victim Coordinator Grant, Fund 1281, in the amount of $37,241.00.
3. Approval to decrease the budgeted salary for slot #G004 (Fund 1222) from $10,815.00 to $9,654.00 for cost allocation.
4. Approval of Crime Victim Coordinator Grant (1281) salary schedule and revised DA Bad Check (1222) salary schedule.
17.
Sheriff's Office - Chief Martinez:
A.
Sheriff's Office - Crime Victim Grant:
1. Approval of Certification of Revenues as certified by the County Auditor for the Victim Coordinator and Liaison Grant (VCLG).
2. Approval of budget appropriation for the Victim Coordinator and Liaison Grant (VCLG) in the amount of $37,241.00 in (Account #9-1284-421-00-280-013-0-XXX).
3. Approval to decrease the budgeted salary for General Fund (1100)slot #G313 from $10,600.00 to $8,114.00 for cost allocation.
4. Approval of VCLG salary schedule and Revised General Fund Sheriff's Office salary schedule.
1. Approval of Certification of Revenues as certified by the County Auditor for the Victim Coordinator and Liaison Grant (VCLG).
2. Approval of budget appropriation for the Victim Coordinator and Liaison Grant (VCLG) in the amount of $37,241.00 in (Account #9-1284-421-00-280-013-0-XXX).
3. Approval to decrease the budgeted salary for General Fund (1100)slot #G313 from $10,600.00 to $8,114.00 for cost allocation.
4. Approval of VCLG salary schedule and Revised General Fund Sheriff's Office salary schedule.
B.
Approval to apply for the FY2009 Operation Stonegarden Supplemental (OPSG-S) with the Federal Emergency Management Agency (FEMA), U.S. Department of Homeland Security (DHS).
18.
Right of Way - Joe Pena:
A.
Consideration, action and/or approval to accept the dedication of North Capisallo Subdivision - Being a 1.487 acre tract of land out of Block 3034 amd 3035 of the North Capisallo District Subdivision also known as Mile 11 1/4 North.
B.
Authorization for consideration, action and/or approval to accept the dedication of Oak Street a 0.606 of an acre tract of land, Alamo street a 0.455 of an acre tract of land, 30' Roadway being a 0.069 of an acre tract of land and a 30' Roadway being a 0.147 of an acre tract of land all out of the east 7.3 acres of the west 12.42 acres of the north 17.42 acres of lot 44-7 West Addition to Sharyland Subdivision of Porciones 53, 54, 55, 56 and 57.
19.
Tax Office - Armando Barrera:
A.
1. Approval of Inter-Local Cooperation Agreement for Tax Assessment and Collection of Taxes between Donna ISD and County Hidalgo, effective September 1, 2009.
2. Approval to create two (2) regular full-time Tax Clerk/Cashier positions, budgeted salary $24,820.00, respectively, effective September 1, 2009.
3. Approval of 2009 Interdepartmental Transfer.
4. Approval of revised salary schedule.
2. Approval to create two (2) regular full-time Tax Clerk/Cashier positions, budgeted salary $24,820.00, respectively, effective September 1, 2009.
3. Approval of 2009 Interdepartmental Transfer.
4. Approval of revised salary schedule.
20.
Precinct #1 - Comm. Handy:
A.
Swearing in of Civil Service Commissioner
21.
Budget & Management - Raul Silguero Jr.:
A.
Interdepartmental transfers:
1.
Elections (1100):
Approval of 2009 interdepartmental transfer from Countywide Adminstration to Elections in the amount of $78,000.00 to fund redistricting consulting services contract.
Approval of 2009 interdepartmental transfer from Countywide Adminstration to Elections in the amount of $78,000.00 to fund redistricting consulting services contract.
2.
Humane Society (1100):
Approval of 2009 interdepartmental transfer from Co. Wide Adm. To Humane Society-Other Services in the amount of $100,000.00 to fund annual agreement with Palm Valley Animal Center.
Approval of 2009 interdepartmental transfer from Co. Wide Adm. To Humane Society-Other Services in the amount of $100,000.00 to fund annual agreement with Palm Valley Animal Center.
3.
General Litigation (1100):
Approval of 2009 interdepartmental transfer from Co. Wide Administration (1100) to General Litigation in the amount of $75,000.00 to fund pending and future settlements/claims.
Approval of 2009 interdepartmental transfer from Co. Wide Administration (1100) to General Litigation in the amount of $75,000.00 to fund pending and future settlements/claims.
4.
Adult Probation (1100):
Approval of 2009 interdepartmental transfer from Co. Wide Adm. To Adult Probation in the amount of $50,000.00 to fund electricity expenditures with Reliant Energy.
Approval of 2009 interdepartmental transfer from Co. Wide Adm. To Adult Probation in the amount of $50,000.00 to fund electricity expenditures with Reliant Energy.
5.
Pct. #3 BCAP (1312):
Approval of 2009 inter-departmental transfer within Precinct #3 Border Colonia Access Program fund (1312) from La Homa Grove Estates (program 380) to Ramon Leal Subdivision (program 591) in the amount of $2,368.76 to fund expected expenditures.
Approval of 2009 inter-departmental transfer within Precinct #3 Border Colonia Access Program fund (1312) from La Homa Grove Estates (program 380) to Ramon Leal Subdivision (program 591) in the amount of $2,368.76 to fund expected expenditures.
6.
Pct. 1 - TXDOT (1315):
Approval of 2009 interdepartmental transfer from TXDOT - FM 88 Drainage, program #036, to TXDOT -FM 88, program #037, in the amount of $10,000.00 to fund project expenditures.
Approval of 2009 interdepartmental transfer from TXDOT - FM 88 Drainage, program #036, to TXDOT -FM 88, program #037, in the amount of $10,000.00 to fund project expenditures.
7.
Pct. #2 R&B (1202):
Approval of 2009 interdepartmental transfer within Precinct #2 fund (1202) from R&B (program 006) to Border Colonia Access Program Project El Charro Subdivision Project (program 240) in the amount of $250.00 to fund project expenditures.
Approval of 2009 interdepartmental transfer within Precinct #2 fund (1202) from R&B (program 006) to Border Colonia Access Program Project El Charro Subdivision Project (program 240) in the amount of $250.00 to fund project expenditures.
8.
District Clerk (1100):
Approval of 2009 Interdepartmental transfer from Co. Wide Administration (1100) to District Clerk in the amount of $20,000.00 to fund anticipated postage expenditures.
Approval of 2009 Interdepartmental transfer from Co. Wide Administration (1100) to District Clerk in the amount of $20,000.00 to fund anticipated postage expenditures.
9.
Pct. 1 Sanitation (1100):
Approval of 2009 interdepartmental transfer from Countywide Administration to Pct. 1 Sanitation in the amount of $50,000.00 to fund tire disposal services expenditures.
Approval of 2009 interdepartmental transfer from Countywide Administration to Pct. 1 Sanitation in the amount of $50,000.00 to fund tire disposal services expenditures.
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.
Approval to exercise the written notice of termination of C-09-046-03-03 as stated and reflect in line item #25-(c), page 6 of the Legal Terms and Conditions of the RFB and Article 14-(c), page 4 of the contract with Maximus, Inc. dba Asset Works Appraisal for the "Structure Valuation And Insurance Appraisals Of Hidalgo County Owned Real Estate Properties/Buildings (i.e. replacement costs)" Project due to budget constraints.
5.
Recommending award of bid approval of contract document to the lowest bidder (Upper Valley Materials,LLC) meeting all specifications/requirements, terms and conditions as attached hereto for: Hidalgo County- "Purchase of Storm Sewer Sand Product" - Bid No. 2009-295-08-05-YZV.
6.
Acceptance and approval of requests for payment on the following invoice(s) submitted by R. Gutierrez Engineering Corporation, (#C-08-381-09-16) contracted project engineer:
| Inv. # | Inv. Date | Project Name | Amount |
| 2711 | 07/09/2009 | LJ Drainage Project | $14,600.00 |
| 2712 | 07/10/2009 | Cesar Chavez Drainage | 11,800.00 |
| 2721 | 07/31/2009 | LJ Drainage Project | 25,200.00 |
7.
Requesting authority to exercise the extensions as provided in current contracts for the Hidalgo County Sheriff's Office, under the same rates, terms and conditions with the following multiple awarded vendors for:
a. "Commissary Supplies":
1. Keefe Commissary Network-C08-212-08-19 (first year of the possible two year options); and,
2. Rene Lucio d/b/a R&R Distributing-C-08-212A-08-19 (first year of the possible two year options);
b. "Water Softner System Maintenance Service" with Hydro Systems, Inc.-C-08-315-08-26 (first year of the possible three year options);
c. "Lease of Tower Space" with O. E. Investments, Inc.-E-08-309-07-28 (last one year option to extend).
a. "Commissary Supplies":
1. Keefe Commissary Network-C08-212-08-19 (first year of the possible two year options); and,
2. Rene Lucio d/b/a R&R Distributing-C-08-212A-08-19 (first year of the possible two year options);
b. "Water Softner System Maintenance Service" with Hydro Systems, Inc.-C-08-315-08-26 (first year of the possible three year options);
c. "Lease of Tower Space" with O. E. Investments, Inc.-E-08-309-07-28 (last one year option to extend).
B.
Pct. 2
1.
Pursuant to Texas Local Government Code, Chapter 263.152 (a) (3), requesting Commissioners Court to ...'order the property otherwise disposed...' inasmuch as CC undertook to sell said property under 263.152(a)(1)...'sealed competitive bids' and was unable to do so because no bids were received for the top soil and fill dirt from five sites that are part of Precinct 2s Drainage Improvement Project and titled as LJ Lateral; Ceasar Chavez Drain; South Tower Rd. (between Moore & Rancho Blanco Rds.); El Charro Subdivision; and, South Fork Drain.
2.
Requesting approval of listed items with awarded vendor, United Contracting, Inc. (contract #5007-92-0306-5000-9200-ML)(PO#605197) as reviewed and submitted through project engineer, R. Gutierrez Engineering Corporation (contract #C-08-381-09-16) in connection with South Tower Park Project:
A. Change Order No. 7 (decrease) in the amount of $15,813.00 reflecting all the identified items changes/deletions;
B. Final Application for Payment in the amount of $19,372.50;
C. Release of Retainage in the amount of $21,452.30;
D. Certificate of Completion reflecting April 27, 2009 as completion date.
A. Change Order No. 7 (decrease) in the amount of $15,813.00 reflecting all the identified items changes/deletions;
B. Final Application for Payment in the amount of $19,372.50;
C. Release of Retainage in the amount of $21,452.30;
D. Certificate of Completion reflecting April 27, 2009 as completion date.
C.
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/or renovations located in Precinct No. 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 No. 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;
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 No. 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.
Pct. 4
1.
Requesting authorization to enter into a Preventative Maintenance Agreement with Romco Equipment Co. LLC, as the only bid received in an amount not to exceed $22,995.82 for maintenance as described in Exhibit "A" for "Two (2) Volvo Scrapers Model T450-D" currently in operation with the Pct#4 San Carlos Drainage Improvement Project. Reference project is #2009-243-08-12-09-OGG.
E.
Tax Office:
1.
Recommending award of bid and approval of contract to lowest bidder meeting all specifications and/or requirements as attached hereto for: "Printing and Mailing of 2009 Tax Statements, Tax Rolls and Envelopes" within Hidalgo County-Bid No. 2009-259-07-15-ERT.
F.
Elections Department:
1.
Discussion and action on final negotiated Letter of Engagement (as authorized by CC on 6-2-09) which includes a best and final offer, with the Hon. Rolando L. Rios for Consultant Services for Redistricting Plan-Hidalgo County.
G.
Colonia Access Program Pct. 3
1.
Approval of final construction contract (awarded on 06-08-09) for C-CAP-09-132-06-08 Road & Drainage Construction for Ramon Leal Subdivision between Hidalgo County and Closner Construction Co., LC in the amount of $93,167.06-project engineer-Izaguirre Engineering Group, LLC.
2.
Approval of final construction contract (awarded on 07-21-09) for C-CAP-09-256-07-21 Road & Drainage Construction for Monica Acres Subdivision between Hidalgo County and Total Commitment LLC in the amount of $72,295.00-project engineer-Javier Hinojosa Engineering.
H.
Sheriff's Office
1.
Recommending award of bid and approval of contract to sole bidder (Boots N Jeans) meeting all specifications and/or requirements as attached hereto for "Hidalgo County Sheriff's Office - Purchase of Straw Hats" Bid No.: 2009-162-07-01-SMA
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)
2.
A. Acceptance and approval of floor plans (for the first and second floors only) as drafted by project architect, Alcoser/Garcia/Associations, Inc. and developed through consultations with District Attorney and County Judge's office for the renovation of the former administration building to house the District Attorney, County Judge and Commissioner Court Facility 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 first and second floor project but to be completed by County as a separate project (except for those items that may common to first & second floor bid);
D. Authority to advertise sealed procurement(s) for the following items required for third floor renovations: "Door Frames and Bathroom Partitions";
E. Recision and cancellation of project approved for advertising by CC on 7-21-09 (AI 16554) the publication for procurement of "Doors" for the third floors which should be "Door Frames";
F. Report/Status of third floor renovations from discussions held at meeting of Friday, August 14, 2009 as directed by Comm. Palacios at CC of 8-11-09.
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 first and second floor project but to be completed by County as a separate project (except for those items that may common to first & second floor bid);
D. Authority to advertise sealed procurement(s) for the following items required for third floor renovations: "Door Frames and Bathroom Partitions";
E. Recision and cancellation of project approved for advertising by CC on 7-21-09 (AI 16554) the publication for procurement of "Doors" for the third floors which should be "Door Frames";
F. Report/Status of third floor renovations from discussions held at meeting of Friday, August 14, 2009 as directed by Comm. Palacios at CC of 8-11-09.
23.
Adjourn