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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
October 13, 2009
9:00 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:
 
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 Mari Salinas
 
E.
Claim of Edith Martinez
 
F.
Claim of Maria Franco Martinez
 
G.
Claim of Juan Coronado
 
H.
Claim of Jose Martinez
 
I.
Casas v. Hidalgo County 7:08-CV-283
 
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 Mari Salinas
 
E.
Claim of Edith Martinez
 
F.
Claim of Maria Franco Martinez
 
G.
Claim of Juan Coronado
 
H.
Claim of Jose Martinez
 
I.
Casas v. Hidalgo County 7:08-CV-283
 
8.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
9.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
10.
Executive Officer - Valde Guerra:
 
A.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

2. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation"
 
B.
Approval of 457 Plan Hardship withdrawal request for employee # 034223
 
C.
1.  Request from tax attorneys for use of Courthouse Auditorium on Saturday, November 21, 2009 at 10am for the public auction properties

2.  Request from Church Group for use of Courthouse Parking Lot on Saturday, October 24, 2009 for a BBQ Fundraiser Event
 
11.
Safety Division - Roy Quintanilha:
 
A.
Approval to accept a check (#NB91198807) from Illinois Union Insurance Company in the amount of $89,300.25 for payment in connection with claim for Reynaldo Sanchez, CL-06-3277-A.
 
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.
Request approval to accept amended Contract # 2009-030584 as reflected by the attached Amendment To document regarding the Program Attachment Number and Section II. Performance Measures: Paragraph 7.
 
13.
Emergency Services Division - Tony Pena:
 
A.
Emergency Services Division:
1. Approval and acceptance of grant award (#DR-1780-002) from the State of Texas - Division of Emergency Management in the amount of $37,500.00 for Hazard Mitigation grant, with authority for County Judge to sign the required documentation.
2. Approval of Certification of Revenues as certified by the County Auditor for the Hazard Mitigation grant (1283).
3. Approval of 2009 interfund transfer from Countywide administration (1100) and Emergency Management (1100) to Hazard Mitigation grant (1283) in the total amount of $12,500.00 to fund the local cash match (county's portion).
 
14.
IT Department - Renan Ramirez:
 
A.
1.  Requesting approval on Amendment to Interlocal Cooperation Agreement between the Drainage District No. 1 and the County of Hidalgo.
2.  Approval to create one (1) regular full-time Technician III position, budgeted salary $36,000.00.
3.  Approval of interdepartmental transfer.
4.  Approval of revised salary schedule.
 
15.
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 Program Year 22 (2009) for a Street Improvement Project in the Hidalgo County Precinct No. 1 area. 

2. Presentation of the scoring grid of at least three (3) material testing service firms from the County's approved "pool" as graded and evaluated by Precinct No. 1, Urban County Program and Hidalgo County Purchasing Department for the purposes of ranking by CC in connection with an Urban County Program Street Improvements Project in the Hidalgo County Precinct No. 1 area. 

3. Authority to negotiate a material testing service contract with the No. 1 ranked firm of ____________for the provision of material testing services for a Hidalgo County Precinct No. I Street Improvements project.
 
B.
Urban County Program on behalf of Hidalgo County Precinct No. 3 is requesting approval to amend the professional service contract to Hinojosa Engineering, Inc.  The original amount of the contract for $58,018.65 will increase in the amount of $1,661.40 for additional services to the 2 Mile Line Road project utilizing Year 21 (2008) Precinct 3 Street Improvement funds.
 
C.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services in connection with Hidalgo County Urban County Program from Program Year 22 (2009) for Street Improvements Project in the Hidalgo County Precinct No. 1 area. 

2. Presentation of the scoring grid of at least three (3) engineering firms from the County's approved "pool" as graded and evaluated by Precinct No. 1, Urban County Program and Hidalgo County Purchasing Department for the purposes of ranking by CC in connection with an Urban County Program Street Improvements Project in the Hidalgo County Precinct No. 1 area. 

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of_______________ for the provision of engineering services for a Hidalgo County Precinct No. 1 Street Improvements project.
 
16.
Office of the County Judge:
 
A.
Resolution supporting 2010 Census effort by Hidalgo County complete count Committee.
 
B.
Approval of proclamation proclaiming October 2009 as National Breast Cancer Awareness Month
 
17.
Elections Administration - Yvonne Ramon:
 
A.
Approval of contract for Election Services (leasing) between Hidalgo County and Progreso ISD for their election to be held on November 3, 2009.
 
18.
Head Start Program - Teresa Flores:
 
A.
Discussion/Approval of Negotiated Contract for Professional Educational Consulting Services with Ann Awalt to Provide Mandatory Training/Staff Development to Policy Council and Grantee Board.
 
B.
Discussion/Approval of Contract for Professional Educational Services with Bill Crawford, Ph.D. to Provide Training/Staff Development to Executive Team Members to Improve Management/Communication Skills
 
19.
Sheriff's Office - Chief Martinez:
 
A.
Sheriff's Office - FBI Overtime (1284):
1. Approval of Certification of Revenues as certified by the County Auditors for the FBI agreement for overtime.
2. Approval of budget amendment for the overtime agreement with the FBI for the amount of $16,903.25.
 
20.
Right of Way - Joe Pena:
 
A.
Authorization for consideration action and/or approval to accept Foster Drive as per affidavits by property owners to be included in the County Wide Roadway System. (PCT 4)
 
B.
Authorization for consideration action and/or approval to accept Alyanna Street as per affidavits by property owners to be included in the County Wide Roadway System. (PCT 4)
 
C.
Consideration and/or approval to purchase a 10.00 acre tract of land being the east 10 acres of Lot 6 R.B. Curry Survey No. 4 Hidalgo County, Texas in the amount of $138,848.00 for the San Carlos Drainage Improvement Project - Gonzalez Pond.
 
21.
District Clerk - Laura Hinojosa:
 
A.
Discussion, consideration and approval of the establishment of a local data advisory board to maintain the county's disposition completeness as required by HB 2730, Article 21.
 
22.
Budget & Management - Raul Silguero Jr.:
 
A.
Report and approval of emergency transfers from January thru September 2009.
 
B.
Interfund transfers:
 
1.
Co. Wide Administration (1100):
Approval of interfund transfer from Indigent Health (1249) to Countywide Administration - Contingency (1100) in the amount of $352,196.72 to fund anticipated expenditures.
 
C.
Interdepartmental transfers:
 
1.
Fire Marshal's (1100):
Approval of 2009 interdepartmental transfers from various fire departments to Linn FD (prog 011), Elsa FD (prog 007), La Joya FD (prog 009), Edinburg FD (prog 006), Pharr FD (prog 017), Weslaco FD (prog 019), and Alton FD (prog 003) in the total amount of $92,826.50 to fund anticipated fire call expenditures.
 
2.
Pct. #3 TxDot (1315):
Approval of 2009 interdepartmental transfer within Precinct #3 TxDot (1315) from TxDot - FM 1924 PH 1 Outfall Channel (program 032) to TxDot - FM 1924 PH 1 (program 023) in the amount of $2,580.00.
 
3.
Pct. #4 C.O. 2009 Series (1339):
Approval of interdepartmental transfer within Certificate of Obligation Series 2009 - Pct. #4 Drainage Improvement-Other from program (036) to Pct #4 Gonzalez Pond Land program (066) in the amount of $7,000.00.
 
4.
Building Minor Structure (1100):
Approval of 2009 Interdepartmental transfer from Facilities Management Dept (program 001) to Building Minor Structure (program 002) in the amount of $ 1,283.79 to fund current fringe benefit expenditures.
 
5.
Pct. #2 R&B (1202):
Approval of 2009 interdepartmental transfer within Precinct #2 fund (1202) from Pct. 2-Eldora Gardens (program 252) in the amount of $42.07 and from Pct. 2-Red Barn (program 605) in the amount of $736.09 into Precinct #2 P/U (program 006) for total amount of $778.16.
 
6.
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 (program 240) 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 Precinct #2 ICA w/Hidalgo (Val-Mex Dr) into Aid to Govt Agency (program 035) in the amount of $302,889.00 and into Precinct #2 ICA w/ Pharr (Sioux Rd E. of Jackson Rd) - Aid to Govt Agency (program 046) in the amount of $350,000.00 to fund project expenditures. 
 
8.
Pct. #2  P/U RD (1202):
Approval of 2009 interdepartmental transfer from Pct No. 2 P/U RD (program 006) to ICA W/HIDALGO-VAL-MEX DR (program 035) in the amount of $128,000.00 to fund anticipated project expenditures. 
 
9.
Co. Clerk.(1100):
Approval of 2009 interdepartmental transfer from Co. Wide Adm. to Co. Clerk, in the amount of $3,800.00 to fund telephone expenditures.
 
10.
Health Insurance-Self-Insured Program:
Approval of 2009 interdepartmental transfer from various departments (Gen.Fund) to Co. Wide Adm. Contingency lapsed and reduced health insurance premiums in the amount of $ 569,885.52
 
11.
Public Defense (1100):
Approval of 2009 interdepartmental transfer from Co. Wide Adm. to Public Defense in the amount of $352,196.72 to fund legal services expenditures (attorney vouchers).
 
12.
Public Defense (1100):
Approval of 2009 interdepartmental transfer from Co. Wide Adm. to Public Defense in the amount of $ 147,803.28
 
13.
Co. Wide Administration (1100):  
Approval of 2009 Interdepartmental transfer from IT to Co. Wide Adm. in the amount of $3,800.00 to fund telephone expenditures.
 
D.
Budget Appropriations:
 
1.
CO's 2001 - Juvenile Detention Center (1331):
Approval of 2009 appropriation of Certificates of Obligation, Series 2001 funds to Juvenile Detention Center in the amount of $3,300.00 to fund expenses incurred for the Juvenile Detention Center.
 
2.
Juvenile Probation Department (1294):
Approval to deobligate cash match funds from the TJPC-Z-2009 grant for FY 2009 (fund 1294, program 007) and appropriate into Countywide Administration - Contingency (fund 1100) in the amount of $5,000.00.
 
3.
District Clerk (1235 & 1238):
a.  Approval of 2009 appropriation of funds for the District Clerk Records Management & Preservation Fund (1235) in the amount of $36,837.30 to fund records storage and retrieval services.
b.  Approval of 2009 appropriation of funds for the County Records Management & Preservation Fund (1238) in the amount of $6,056.41 to fund records storage and retrieval services.
 
E.
Salary Schedule Changes:
 
1.
Facilities Management Dept. (1100):
1.  Approval to create one (1) regular full-time Clerk I position, slot # 0103, budgeted salary $18,564.00.
2.  Approval of interdepartmental transfer.
3.  Approval of revised salary schedule.
 
2.
JP Pct. 4 PL 1 (1100):
1. Approval to create one (1) temporary full-time Clerk I position, slot # T009, budgeted hourly rate $8.00 per hour. (Position not to exceed six months and/or 12/31/2009.)
2. Approval of interdepartmental transfer.
3. Approval of revised salary schedule.

 
23.
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 
 
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
 
3.
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
        a) Renovations of administration building
        b) Other ongoing county owned building construction, renovation repair projects 
        c) Emergency situations occurring since last agenda meeting
 
4.
Presentation for discussion, consideration, acceptance and approval of request for payment for the issuing of the Thirty-Year Letter for the Juvenile Justice Center Subdivision for the amounts of $3,300.00 to North Alamo Water Supply Corp.,  as requested by project engineer, Quintanilla, Headley & Associates, Inc.
 
5.
Acceptance and approval to pay outstanding past due/pro-rated portion (in the amount of $_____________ which represents the date indicated on Certificate of Substantial Completion of 6-28-07) of electricity services-issued to contractor Joe Williamson Construction for the building, fka, the Kmart Property, nka, Administration Building with authority for County Treasurer to issue manual check to Robinson Law Group, PLLC, Trust Account, legal counsel for Reliant Energy (if necessary) after completion of processing procedures by County Auditor.
 
6.
a.  Requesting approval to declare as "surplus" numerous items and vehicles ( County-owned and/or seized ) for the purpose disposition through as set forth Texas Local Goverment Code 263.152.(a)(1) and as further detailed in the Exhibit attached hereto;

b.  Pursuant to Texas Local Goverment Code, requesting authority to publish advertisment for auction surplus equipment, vehicles, etc., scheduled for October 31, 2009.
 
7.
a.  Requesting exemption from competitive bidding under Texas Local Government Code, Chapter 262, Section .024 (a) (3)-"an item necessary because of unforeseen damage to public property"; (7)-"an item that can be obtained from only one source, including":(D)-"captive replacement parts or components for equipment;";

b.  Requesting authority to purchase parts for County-owned heavy equipment and machinery from the vendors detailed in the list attached hereto through the established and approved procedures for the requisition and purchase order process with said authority to purchase through December 31, 2010.

c.  Ratification of Purchase Order #630045 (date 10-7-09) issued to Vermeer Equipment of Texas, Inc. in the amount of $1,854.57 for items necessary due to unforeseen damage to county-owned property; captive replacement parts and compliance with TCEQ statutes and regulations. 
 
B.
Pct. 1
 
1.
Requsting approval of AMENDMENT No. 1 to contract #C-09-368-09-15 with Roberto Trevino Jr. dba RGV Hydromulching for the: "Purchase and Application of Hydro-Mulch Material for Sunrise Hill Park" at Precint No.1, due to torrential rains and delay in timeline of project to reflect under the term of the contract as "upon acceptance and completion of the project, but no later than December 31, 2009".
 
C.
Pct. 2
 
1.
Requesting authority to purchase one (1) "Asphalt Zipper 550" through Hidalgo County's Interlocal Agreement with Houston-Galveston Area Council (HGAC) with "Asphalt Zipper, Inc." (C-SM10-08) for Hidalgo County Precinct #2 in amount not to exceed $132,365.00.
 
2.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service for Appraisal Services in connection with Precinct No.2  Projects.

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 Appraisal Services required for Precinct No.2 Projects. 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 Appraisal Services for Precinct No.2 Projects.
 
D.
Pct. 4
 
1.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service for Appraisal Services in connection with Precinct# 4 Projects;

b. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded & evaluated through the County's approved "pool" of appraisers in connection with professional Appraisal Services required for Precinct #4 Projects;

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

c. Authority for the Purchasing Department to negotiate a professional Appraisal Services Contract with the No.1 ranked firm of ________________________ for the provision of Appraisal Services for Precinct No 4 Projects.
 
2.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service for Title Companies in connection with Precinct No  4 Projects.

b. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded & evaluated through the County's approved "pool" of Title Companies in connection with professional Title Services required for Precinct No 4 Projects. 1st._________________;2nd._________________;3rd. _____________

c. Authority for the Purchasing Department to negotiate a professional Title Services Contract with the No.1 ranked firm of ___________________________ for the provision of Title Services for Precinct No  4 Projects.
 
E.
Colonia Access Program Pct. 2
 
1.
Acceptance and approval of Application for payment No. 3 & Final in the amount of $51,333.39 from Total Commitment, LLC contracted vendor for Los Encinos No. 1 & 2 Subdivisions as reviewed and submitted by project engineer, Izaguirre Engineering Group, LLC. (C-CAP 09-128-05-05)
 
F.
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)
 
24.
Adjourn