CC REGULAR
HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
COMMISSIONERS' COURT MEETING
December 22, 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:
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.
EEOC Charge No. 31C-2010-00170C; Anna L. Delgado vs. Hidalgo County
E.
Claim of Jose A. Gallegos
F.
Claim of Rolando Montemayor
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.
EEOC Charge No. 31C-2010-00170C; Anna L. Delgado vs. Hidalgo County
E.
Claim of Jose A. Gallegos
F.
Claim of Rolando Montemayor
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.
Fire Marshal:
Appointment of Hidalgo County Fire Marshal
Appointment of Hidalgo County Fire Marshal
C.
Presentation, Discussion and Consideration of Request for Assigned/Designated Parking at the Mediplex Building, 1615 S. Closner, Edinburg Texas, (North Side of Building under Covered Canopy) for the following Departments/Offices: 1) Three (3) Designated Parking Spaces for Master Court 1 2) Three (3) Designated Parking Spaces for District Clerk
D.
Request from Edinburg Chamber of Commerce to use the parking lot square on Saturday, February 27, 2010 for the 42nd Annual Fiesta Edinburg Celebrations
11.
Safety Division - Roy Quintanilha:
A.
Requesting approval to accept settlement check from Allstate Insurance Company in the amount of $1,566.80 for an auto accident with County vehicle. (Precinct 1)
12.
District Attorney's Office - Roy Cazares:
A.
1. Discussion, consideration, and action on Memorandum of Understanding between Hidalgo County Judicial District and the County of El Paso regarding the Border Prosecutor's Association.
2. Approval of certification of revenues, as certified by the County Auditor for the Border Prosecution initiative.
3. Approval to create one (1) regular full-time Assistant District Attorney position, slot no. 0001, budgeted at $60,000.00 per year with authority to pay $900.00 per year in Auto Allowance.
4. Approval to create one (1) regular full-time Legal Assistant position, slot no. 0002, budgeted at $17,249.00 per year.
5. Approval of 2009-2010 appropriation of funds for the Border Prosecution initiative budget in the amount of $100,000.00 to fund the positions stated above.
6. Approval of salary schedule.
2. Approval of certification of revenues, as certified by the County Auditor for the Border Prosecution initiative.
3. Approval to create one (1) regular full-time Assistant District Attorney position, slot no. 0001, budgeted at $60,000.00 per year with authority to pay $900.00 per year in Auto Allowance.
4. Approval to create one (1) regular full-time Legal Assistant position, slot no. 0002, budgeted at $17,249.00 per year.
5. Approval of 2009-2010 appropriation of funds for the Border Prosecution initiative budget in the amount of $100,000.00 to fund the positions stated above.
6. Approval of salary schedule.
13.
Sheriff's Office - Chief Martinez:
A.
1. Approval of Certification of Revenues as certified by the County Auditors for the Local Border Security Program (LBSP) Grant.
2. Approval of budget amendment for the LBSP Grant in the amount of $90,000.00.
2. Approval of budget amendment for the LBSP Grant in the amount of $90,000.00.
B.
1. Authorization and Approval to accept the Texas Border Sheriff's Coalition (TBSC) Operation Linebacker Grant for the amount of $267,628.00.
2. Authorization for County Judge to sign the required documents.
2. Authorization for County Judge to sign the required documents.
C.
1. Approval of Certification of Revenues as certified by the County Auditors for the FY2009 State Criminal Alien Assistance Program (SCAAP).
2. Approval of budget amendment to appropriate the grant award for $672,794.00.
2. Approval of budget amendment to appropriate the grant award for $672,794.00.
D.
1. Approval to accept overtime funding from the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE) in the amount of $10,000.00.
2. Approval of Certification of Revenues as certified by the County Auditor for the ICE Overtime Funding.
3. Approval to appropriate funds in the amount of $10,000.00.
2. Approval of Certification of Revenues as certified by the County Auditor for the ICE Overtime Funding.
3. Approval to appropriate funds in the amount of $10,000.00.
E.
1. Approval to accept overtime funding from the U.S. Department of Justice, U.S. Marshal's Service in the amount of $16,000.00.
2. Approval of Certification of Revenues as certified by the County Auditor for the DOJ-USMS-DFTF Funding.
3. Approval to appropriate funds in the amount of $16,000.00.
2. Approval of Certification of Revenues as certified by the County Auditor for the DOJ-USMS-DFTF Funding.
3. Approval to appropriate funds in the amount of $16,000.00.
14.
Health & Human Services Department - Eddie Olivarez:
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
15.
Emergency Services Divison - Tony Pena:
A.
Fire Marshal:
Approval of Donation Agreement between the Rio Grande Valley Arson Dog Association and Hidalgo County.
Approval of Donation Agreement between the Rio Grande Valley Arson Dog Association and Hidalgo County.
16.
IT Department - Renan Ramirez:
A.
Health & Human Services:
1. Authorization to purchase (requisition # 165463) throught the County's membership/participation with CONTRACT: C-09-231-09-22 with awarded vendor H.E.B. WIRELESS for the following services:
2. Approval of the attached application for cell phone service request under the county's cell phone policy.
1. Authorization to purchase (requisition # 165463) throught the County's membership/participation with CONTRACT: C-09-231-09-22 with awarded vendor H.E.B. WIRELESS for the following services:
| Quantity: | Description: | One Time Equipment Cost: | Monthly Service Cost: | Notes: |
| 5 | Novatel Sprint MIFI 2200 | $99.99 X 5 = $499.95 | 5 @ $42.99 = 214.95 X 9 months = $1,934.55 | Data Cards will be for various employee use |
2. Approval of the attached application for cell phone service request under the county's cell phone policy.
B.
Safety Division:
1. Authorization to purchase through the County's membership/participation with CONTRACT: C-09231-09-22 with awarded vendor H.E.B. WIRELESS for the following services (REQUISITION #s 167129 & 167130):
2. Approval of the attached application for cell phone service request under the county's cell phone policy.
1. Authorization to purchase through the County's membership/participation with CONTRACT: C-09231-09-22 with awarded vendor H.E.B. WIRELESS for the following services (REQUISITION #s 167129 & 167130):
| Quantity: | Description: | One Time Equipment Cost: | Monthly Service Cost: | Notes: |
| 4 | UT Starcomm CDM7025 | 4 CDM7025 @ $35 + 4 car chargers @ $10 + 4 cases @ $10 = $220 - $80 credit for ic502 = $140 | 4 Pocket Plans @ $27.50 X 1 Month = $110 | Cell Phones for Armando Guzman, Mario Martinez, Pedro Luna & Adolfo Trevino |
2. Approval of the attached application for cell phone service request under the county's cell phone policy.
17.
Urban County - Diana Serna:
A.
Discussion, consideration and approval of CDBG Disaster Recovery Program Memorandum of Understanding - Sharing of Data Protocol between the Texas Department of Housing and Community Affairs and Hidalgo County.
B.
Hidalgo County Urban County Program, on behalf of the City of La Joya, is requesting authority to purchase and install equipment on a fire tanker unit from lowest bidder, Siddons Fire Apparatus, in the amount of $24,810.00 (quotation form attached hereto), for the City of La Joya Fire Department. La Joya Urban County Program Year 21 (2008) and Year 22 (2009) Fire Station/Equipment funds will be utilized.
C.
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 17, 19, 20, 21 & 22 (2004, 2006, 2007, 2008 & 2009) to increase funding for projects, project cancellation and creating new projects.
2. Consideration and approval of Budget & Program Amendment to the Urban County Pct. #1 Fiscal Years 17, 19, 20, 21 & 22 (2004, 2006, 2007, 2008 & 2009) CDBG work plans to re-allocate funding that was surplus from years 17, 19 & 20 to add the City of Edcouch Water/Sewer Improvements, and FY 21, will cancel out the City of Elsa water/sewer improvements and add new project to be done in conjunction with TxDot. FY 22 will cancel out street improvements to Barrera Street and re-allocate the funds for several public services, youth services, and senior services. It will also include additional funding for the Sunrise/Sunset Park Improvements, and the Weslaco Public Library and Donna Street Improvements projects.
2. Consideration and approval of Budget & Program Amendment to the Urban County Pct. #1 Fiscal Years 17, 19, 20, 21 & 22 (2004, 2006, 2007, 2008 & 2009) CDBG work plans to re-allocate funding that was surplus from years 17, 19 & 20 to add the City of Edcouch Water/Sewer Improvements, and FY 21, will cancel out the City of Elsa water/sewer improvements and add new project to be done in conjunction with TxDot. FY 22 will cancel out street improvements to Barrera Street and re-allocate the funds for several public services, youth services, and senior services. It will also include additional funding for the Sunrise/Sunset Park Improvements, and the Weslaco Public Library and Donna Street Improvements projects.
D.
Requesting authorization to extend fiscal year agreement with Mujeres Unidas/Women Together-ESG Program YR 21- (2008) until April 30, 2010. Their agreement will terminate on Dec. 31, 2009.
18.
Pct. #4 - Comm. Garza:
A.
Presentation for discussion, consideration, acceptance and approval of the following claims/invoices with the authority for the Hidalgo County Treasurer to issue payment after it has been reviewed, audited and processing procedures have been completed by the Hidalgo County Auditor's Office.
VENDOR: Romco Equipment Co.
VENDOR: Romco Equipment Co.
| Invoice # | Inv. Date | Amount |
| WO601938 | 8/10/2009 | $ 336.52 |
| WO601950 | 8/17/2009 | 289.99 |
| WO601974 | 9/08/2009 | 63.92 |
| WO601957 | 9/01/2009 | 689.41 |
| WO601932 | 8/07/2009 | 535.72 |
| WO601969 | 9/02/2009 | 381.63 |
| WO601968 | 9/01/2009 | 276.52 |
| WO602002 | 10/5/2009 | 3,644.38 |
| WO601988 | 9/22/2009 | 2,185.40 |
| WO602004 | 10/5/2009 | 42.23 |
| WO602007 | 10/6/2009 | 576.34 |
| WO601959 | 8/24/2009 | 429.24 |
| TOTAL | $9,451.30 |
B.
Request for consideration, discussion and authorization to proceed with, including, but not limited to the following: request for title reports, appraisals and approval to negotiate acquisition of:
1. Proposed Faysville Pumps Pond-0.52 Acre (Tract 1 & Tract 2) out of Lot 5, Block 44, Citrus Fruit Development Company's Subdivision.
1. Proposed Faysville Pumps Pond-0.52 Acre (Tract 1 & Tract 2) out of Lot 5, Block 44, Citrus Fruit Development Company's Subdivision.
19.
Budget & Management - Raul Silguero Jr.:
A.
1. Update on projected General Fund - Unreserved Fund Balance for Year Ending December 31, 2009.
2. Update on expenditures and reimbursements for Hurricane Dolly.
2. Update on expenditures and reimbursements for Hurricane Dolly.
B.
Budget Appropriations:
1.
Anzalduas Park Boat Ramp (1287):
Approval to deobligate funds from the Anzalduas Park Boat Ramp grant for FY 2009 (fund 1287) in the amount of $1,057.87.
Approval to deobligate funds from the Anzalduas Park Boat Ramp grant for FY 2009 (fund 1287) in the amount of $1,057.87.
2.
Public Defender (1282):
Approval to deobligate cash match funds from the Public Defender grant for FY 2009 (fund 1282) and appropriate into Countywide Adminstration-Contingency (fund 1100) in the amount of $3.18.
Approval to deobligate cash match funds from the Public Defender grant for FY 2009 (fund 1282) and appropriate into Countywide Adminstration-Contingency (fund 1100) in the amount of $3.18.
3.
COPS Universal Hiring 15 (1284):
Approval to de-obligate cash match funds from the COPS Universal Hiring 15 grant for FY 2009 (fund 1284) and appropriate into Countywide Administration-Contingency (fund 1100) in the amount of $21,161.32.
Approval to de-obligate cash match funds from the COPS Universal Hiring 15 grant for FY 2009 (fund 1284) and appropriate into Countywide Administration-Contingency (fund 1100) in the amount of $21,161.32.
C.
Salary Schedule Changes:
1.
Pct. #3 Drainage Improvement Proj. (1203):
a. Approval to delete one (1) regular full time Laborer Drainage/ Construction position, slot no. 010, budgeted salary $24,880.00 per year.
b. Approval to create one (1) regular full time Assistant Director of Construction position, slot no. 014, budgeted salary $48,000.00 per year.
c. Approval of revised salary schedule.
a. Approval to delete one (1) regular full time Laborer Drainage/ Construction position, slot no. 010, budgeted salary $24,880.00 per year.
b. Approval to create one (1) regular full time Assistant Director of Construction position, slot no. 014, budgeted salary $48,000.00 per year.
c. Approval of revised salary schedule.
2.
Co Clerks Record Archive (1100):
a. Approval to create one (1) regular full-time Deputy Clerk position, slot # 0009, budgeted salary $27,000.00 per year.
b. Approval of revised salary schedule.
a. Approval to create one (1) regular full-time Deputy Clerk position, slot # 0009, budgeted salary $27,000.00 per year.
b. Approval of revised salary schedule.
20.
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.
Acceptance of rebate check in the amount of $45,164.32 from the BuyBoard Cooperative Purchasing Program as a result of Hidalgo County's membership and participation The Local Government Purchasing Cooperative for fiscal year 2008-2009.
5.
Pursuant to Hidalgo County approved and implemented commercial account policies and procedures, consideration and approval of FedEx/Kinko's Commercial Account (through Hidalgo County's membership/participation with TXMAS Purchasing Program for printing services) request form(s) submitted by Elected Officials/Department Heads/Agency and/or Program Directors:
a. Elections
b. Precinct No. 2
c. Planning Department
a. Elections
b. Precinct No. 2
c. Planning Department
6.
Requesting approval of the following in connection with the "Monte Cristo Drain Culvert Crossing" (San Carlos Drainage Improvement)(C-09-336-09-08) as submitted/certified by either project engineer, Quintanilla, Headley & Associates, Inc. and awarded contractor, O.G. Construction Co., LLC:
a. Change Order No. 1 reflecting a (net decrease) in the amount of $5,100.00;
b. Certificate Of Construction Completion from Closner Construction Company reflecting the completion date of November 17, 2009;
c. Payment Application #1 (Lump Sum Final) in the amount of $29,230.00;
a. Change Order No. 1 reflecting a (net decrease) in the amount of $5,100.00;
b. Certificate Of Construction Completion from Closner Construction Company reflecting the completion date of November 17, 2009;
c. Payment Application #1 (Lump Sum Final) in the amount of $29,230.00;
B.
Pct. 4
1.
Requesting approval of a professional appraisal services agreement with PROFESSIONAL APPRAISAL SERVICES, INC. for the purposes of appraisal services for: The Fair Market Value Appraisals in connection with the Acquisition of Land, Rights of Way, Easements, Condemnations and Disposition of County owned Property located within Hidalgo County Precinct No. 4 (on an as needed basis) and (as selected for negotiations through County's protocol from the "POOL" of Appraisers by C.C. on 10/13/09).
C.
Colonia Access Program Pct. 3
1.
Acceptance and approval of the following from contractor M Construction, ITD for Jimenez Subdivision located in Precinct #3 submitted by project engineer, Hinojosa Engineering, Inc. under BCAP contract #C-CAP-09-130-05-05;
a. Change Order No. 1 reflecting a net increase in the amount of $1,155.00 due to final quantitative adjustments; and,
b. Application for Payment No. 1 (Final) in the amount of $72,913.31.
a. Change Order No. 1 reflecting a net increase in the amount of $1,155.00 due to final quantitative adjustments; and,
b. Application for Payment No. 1 (Final) in the amount of $72,913.31.
D.
I.T. Department:
1.
Presentation of sole bidder received from Upper Mail Services, LLP (meeting all specifications and/or requirements as attached hereto) for the purpose of award and approval of contract for: "Countywide Mailing Services for Hidalgo County" Project No. 2009-436-11-18-YZV
E.
Sheriff's Office
1.
Presentation of bids received for the purpose of award and approval of contract documents to multiple vendors submitting the lowest bids meeting all specifications and/or requirements for: Hidalgo County Sheriff's Office-"Medical Supplies And Equipment"-RFB:2009-386-10-07-SGS.
F.
Right of Way
1.
a. Presentation for discussion, consideration, acceptance and action to the sole bid received to the RFB-"Nomination of Intention to Lease Land for Mineral Development" project property decribed as: " 0.68 Acres, more or less a part of Farm Track 522, West Tract Subdivision, Hidalgo County, Texas" from Esenjay Petroleum Corporation;
b. Requesting approval to execute "Paid-up Oil, Gas and Mineral Lease" document from Esenjay Petroleum Corporation for the property described herein with a term of one year including acceptance of nomination amount of $350.28.
b. Requesting approval to execute "Paid-up Oil, Gas and Mineral Lease" document from Esenjay Petroleum Corporation for the property described herein with a term of one year including acceptance of nomination amount of $350.28.
G.
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)
21.
Adjourn