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Minutes for CC REGULAR

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
November 15, 2011
9:30 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 at the Edinburg Council Chambers 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

 
Minutes Packet
Attachments:
 
1.
Roll Call
 
2.
Pledge of Allegiance
 
3.
Prayer
 
4.
Approval of Consent Agenda
 
5.
Open Forum
 
6.
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.
AI-29646   Consideration and possible action on Constable Precinct #5:
1.  Acceptance of resignation of Daniel Marichalar, Constable Precinct #5
2.  Appointment and/or re-appointment of Constable Precinct #5
3.  Discussion and action regarding compensation of Chief Deputy Constable
Attachments:
 
C.
AI-29664   Consideration and possible action on abolishing Precinct #5:
1. Discussion and action on abolishing Precinct #5, Justice of the Peace and Constable
2. Approval of Order abolishing Precinct #5
Attachments:
 
D.
AI-29547   Discussion, consideration, and appropriate action on the following:
1. Redistricting Plans for the following Hidalgo County Precincts:
    a. Justices of the Peace and Constables
2. Preclearance submission to the United States Department of Justice
 
E.
AI-29572   Approval to accept a settlement check from State Farm Insurance Company in the amount of $1,108.74 to settle auto accident with County vehicle. (Sheriff Office) 
 
F.
AI-29595   Approval to accept a settlement check from Santoy Investments DBA Economy Tires & Wheels in the amount of $848.24 to settle auto accident with County vehicle. (Sheriff Office)
 
G.
AI-29380   Approval to submit Form 8038-CP (Return for Credit Payments for Issuers of Qualified Bonds) to the Department of the Treasury for the interest payment due February 15, 2012 on the Certificates of Obligations, Taxable Series 2009C and 2010B (Build America Bonds) with authority for Commissioners' Court Executive Officer to sign form.
Attachments:
 
H.
AI-29624   Texas Agrilife Extension:
Requesting approval/permission to allow employee to travel to Corpus Christi, Texas to attend the Oil and Gas Training on 11/29/11 (no expenses other than fuel for county vehicle)
Attachments:
 
I.
AI-29630   IT Department:
Requesting permission to advertise/hire for the following position:
Technician III Slot #0009
Attachments:
 
7.
Constable Pct. #4 - Eddie Guerra:
 
A.
AI-29632   Constable Pct. #4 (1100):
1. Approval of the following personnel actions:

Action Slot No. Position Title/Grade
Delete 0004 Sr. Deputy Constable
Create 0019 Sergeant

2. Approval to appoint one (1) new reserve Deputy Constable by Jose E. Guerra, Constable Precinct 4 in accordance with Texas Local Government Code 86.012.
3. Approval of interdepartmental transfer.
4. Approval of revised salary schedule
Attachments:
 
8.
Sheriff's Office - Chief Martinez:
 
A.
AI-29546   
1.  Authorization and Approval to accept a donation from Curtis 1000 of twenty (20) check books for the
Sheriff's "D" (Discharge) Bank Account.
2.  Approval of Requisition Number 205730 for Curtis 1000 for $22.00 for freight costs relating to donated items.
Attachments:
 
B.
AI-29593   Requesting approval from Commissioners' Court to sign renewal application for the Texas Military Surplus Program(Texas 1033), which is set to expire during November.
 
C.
AI-29551   
DOJ-USMS- U.S. Marshal (1284):
1. Approval to accept overtime funding from the U.S. Department of Justice, U.S. Marshals Service for two (2) officers in the amount of $28,400.00.
2. Approval of Certification of Revenues as certified by the County Auditor for the DOJ-USMS funding.
3. Approval to appropriate funds in the amount of $28,400.00 for USMS overtime funding.
 
9.
Health & Human Services Department - Eddie Olivarez
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
B.
AI-29626   
Health Division: 
Proclamation regarding Hidalgo County Diabetes Awareness Month. 
Attachments:
 
10.
Fire Marshal's Office - Juan Martinez:
 
A.
AI-29590   Discussion and approval of the following 2011 Rural Emergency Services Interlocal Agreement(s) with:

1.  City of San Juan
2.  City of Alton
 
11.
Elections Administration - Yvonne Ramon:
 
A.
AI-29587   
Pursuant to fuel policy, requesting approval to reimburse Yvonne Ramon for purchase of fuel for county owned vehicle (new vehicle with out a gas card) with invoice/claim in the amount detailed herein, with authority for the County Treasurer to issue payment/ check after review, audit, and processing procedures are completed by the county auditor.
 
Invoice Date Vendor Invoice # Amount
11/07/11 Aziz 04512B $50.00
Attachments:
 
12.
Public Defender's Office - Jaime Gonzalez:
 
A.
AI-29540   
Discussion, consideration, and appropriate action amending Advisory Board Members for the Public Defender's Department.
Attachments:
 
13.
WIC - Norma Longoria:
 
A.
AI-29588   Nutrition Physical Activity and Obesity Prevention Grant (1292):
1.  Approval of Research Subaward Agreement between DSHS & Hidalgo County Health & Human Services WIC Department in the amount of $12,000.00 for the period of 06/30/11-06/29/12.
2  Approval for County Treasurer to issue check made payable to "The Texas A&M University System Health Science Center" after review, audit, and processing procedures are completed by County Auditor.
Attachments:
 
14.
Right of Way - Joe Pena:
 
A.
AI-29583   1. Authorization for discussion, consideration and/or approval of a proposed easement for Magic Valley Electric Cooperative, Inc. approximately 0.349 acres- Cesar Chavez Drainage Project.

2. Authorization for County Judge to Execute documents for Cesar Chavez Drainage Project.
 
15.
Auditor's Office - Ray Eufracio:
 
A.
AI-29536   
Approval to reclassify the following position, effective 10/03/2011, as approved by the Board of Judges on 09/29/2011:

Slot No. Current
Position Title
Current
Position Title
Approved
Position Title
Approved
Budeted Salary
0044 Accountant I $37,385.00 Accounts Payable Specialist I $33,006.00
Attachments:
 
16.
Precinct #3 - Comm. Flores:
 
A.
AI-29635   Pct. 3 Drainage Improvement Project (1200):
1.  Approval to create one (1) full-time Pipe Layer/ Fitter position, slot no. 0015, budgeted salary $28,000.00.
2.  Approval of revised salary schedule.
 
17.
Precinct #4 - Comm. J. Palacios:
 
A.
AI-29631   Approval of Right of Way Easement for North Alamo Water Supply for irrigation purposes for a county park - Ingle Rd.
Attachments:
 
18.
Budget & Management - Sergio Cruz:
 
A.
AI-29663   Approval to reset salaries for promotions, demotions and/or transfers as deemed appropriate in order to comply with the Classification and Compensation Pay Plan.   
 
B.
AI-29297   Pct. #1 - Pct. #3 BCAP Round III (1312):
1. Approval of certification of revenues, as certified by the County Auditor, for the BCAP Grant- 3rd Call in the amount of $3,845,166.52.
2. Approval to deobligate $3,124,157.64 from 2nd Call Border Colonia (Fund 1311). Funds in the amount of $715,311.50 from (Fund 1310) 1st Call Border Colonia do not need to be deobligated due to not being carried over to 2011 and funds in the amount of $5,697.38 were liquidated damages from LJ#1 (prog 365) not billed to TxDot and do not need to be dobligated.
3. Approval to appropriate $3,845,166.52 into 3rd Call Border Colonia (fund 1312) for the following precincts in relation to Round III Colonia projects:

Pct. #1 BCAP Round III $1,007,825.05
Pct. #2 BCAP Round III $412,326.45
Pct. #3 BCAP Round III $1,223,931.48
BCAP Contingency Account $1,201,083.54
Total $3,845,166.52
4. Approval to deobligate $168,438.97 from 3rd Call Border Colonia (Fund 1312) for the following deleted projects:
La Flor Estates $84,220.49
La Flor Gardens $84,218.48
Total $168,438.97
5. Approval to appropriate $168,438.97 into 3rd Call Border Colonia Contingency Account.
 
C.
AI-29659   Discussion, consideration, and approval to reduce the indirect cost allocation rate from 13% to 10% effective 10/1/11 through 9/30/12 for the WIC Program.
 
D.
AI-29557   
Pct. #3 TxDot (1315):
1.  Discussion, consideration and approval to set up receivable account for TxDot FM 681 (CSJ: 0669-01-043).

2.  Approval of 2011 interfund transfer from TxDot FM 681 (SH107-FM2221/FM492) to C.O. 2010 A&B - Pct3 La Homa in the amount of $1,920,335.00.
 
E.
AI-29552   Pct #4 Drainage Improvement Project (1200):
1. Approval of Certification of Revenues as certified by the County Auditor for Pct. #4 Drainage Improvement Project Labor Reimbursements.

2. Approval of 2011 appropriation of funds into Precinct #4 Drainage Improvement Project (program 036) in the amount of $93,048.66 (Labor Reimbursements - July & August 2011).
 
F.
AI-29562   County Clerk (1100):
1.  Approval to rescind action taken on 10/12/2010 (AI #23334) in reference to the following position:

Action Slot No. Dept.
Name/No.
Current
Position Title
Current
Grade
Proposed
Position Title
Proposed
Grade
No. of
Positions
Reclassification 0009 Co. Clerk
(180-001)
Executive Assistant I 11 Executive Assistant II 13 1

2.  Approval of revised salary schedule.
 
G.
AI-29656   1.  Status update on Operation Clean Slate - Phase I Online Payment.

2.  Discussion, consideration and approval of Operation Clean Slate - Phase II
 
H.
AI-29633   
1. Discussion regarding the Scofflaw Program, implementation procedures, and designation of fees.

2. Discussion, consideration, and approval of the Texas Department of Transportation Service Agreement for the purchase of Texas Motor Vehicle Title and Registration information.
 
I.
Budget Appropriations:
 
1.
AI-29306   
Constable Pct. #3 (1230):
Approval of appropriation of funds for Constable Precinct No. 3 in the amount of $13,596.00 to appropriate auction proceeds attributed to the sale of capital assets.
Attachments:
 
19.
Purchasing Department - Marty Salazar:
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.

B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
 
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.
AI-29598   
Requesting approval to exercise the option to terminate lease agreement by and between Tri-County Communications and Hidalgo County Fire Marshal's Office as stated in the current lease agreement #E-10-048-12-09 (C-07-340-07-03)-for: "Lease of Tower Space of Antenna & Cable for use of Repeater". 
 
5.
AI-29550   
a.  Accept and approve invoice(s) received from Montalvo Insurance (see attached documents) in the amount of $2,026,021.45 for renewal of “Hidalgo County’s Property & Casualty Insurance Policies which includes TPA Services" for 2012-13 with coverage effective January 01, 2012 through January 01, 2013;

b. Approval for County Treasurer to issue check(s) after review, audit and processing procedures completed by County Auditor with the authority for Court Member or Commissioner’s Court Executive Officer to sign any applicable documentation related to item above;

c. Discussion and applicable action on any options (attached hereto) presented by Montalvo Insurance in connection with Hidalgo County's Property & Casualty Insurance Policies.
 
6.
AI-29575   
a.  Presentation of the scoring grid for the purposes of ranking proposals received for: Credit Card Payment System for Hidalgo County;
 
  EASY ACCESS
INC.
FIS - METAVANTE
PAY DIRECT
SOLUTIONS
ELAVON
EVALUATOR 1 90 87 85
EVALUATOR 2 95 90 85
EVALUATOR 3 96 88 78
EVALUATOR 4 92 88 68
AVERAGE SCORE 93.25 88.25 79
CC RANKING      
 

b.  Authority to negotiate a final Credit Card Payment Services Agreement with the number one ranked firm of ___________________.
 
7.
AI-29160   Presentation of lowest bid received as detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract for the Request for Bid (RFB) titled: Hidalgo County-"CRS-2 (Cationic Rapid Setting) Emulsified Asphalt" through project No.: 2011-225-09-29-SGS.
 
B.
Pct. 1
 
1.
AI-29620   Requesting approval of contract document with L & G Engineering Laboratory (authorized for negotiations by CC 10/18/11) for the provision of Construction Materials Testing for "Hidalgo County Precinct No. 1" on an as needed basis.
 
2.
AI-29579   
a.  Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service";

b. Presentation of scoring grid for the purpose of CC designating sole firm providing requested services as "Qualified" to render Review Appraisal Services so as to proceed to the next phase of the procurement process; 
 
Evaluator(s) HLH Appraisal Services
Evaluator 1
 
97
Evaluator 2 94
Average  95.5
Qualified  

c. Authority for the Purchasing Department to negotiate a professional (Review Appraisal Services) contract with "Qualified" firm of __________________________ for: the provision of professional review appraisal services on an "as needed basis" for  Hidallgo County Precinct #1.
Attachments:
 
C.
Pct. 2
 
1.
AI-29594   Acceptance and approval of Work Authorization No. 8 for R. Gutierrez Engineering Corporation with estimated fee of $170,957.18 for, "Minnesota Drain Improvement Project." (Contract# C-10-376-12-14)
 
2.
AI-29606   
Requesting authorization and approval of proposal received from Rush Truck Houston/ Pharr, TX awarded vendor through Hidalgo County's participation/membership with TASB Buyboard Contract #358-10 for the purchase of One (1) New 2011 800 Gal Hino Fuel Truck Model 258LP in an amount not to exceed $89,697.00 for Hidalgo County Precinct #2 for Project #11-300-OGG 
Attachments:
 
D.
Pct. 3
 
1.
AI-29584   
a. Presentation for discussion, consideration, acceptance and approval to engage subcontractors for the Mile 2 North(From Moorefield Road to La Homa Rd) pursuant to (article 14) the current agreement with L&G  Consulting Engineers and as request by engineer. 
 
b. Presentation for discussion, consideration, acceptance, and approval of Invoice # 11323969 in the amount of $19,623.14, from L&G Consulting Engineers, Inc., contracted engineer for the Mile 2 North (From Moorefield Rd to La Homa Rd). C-11-195-08-16
Attachments:
 
2.
AI-29611   
Acceptance and approval to execute a Professional Surveying Services (On an As Needed Basis) contract/agreement for the provision of surveying services for "Projects located within Hidalgo County Precinct No. 3 ," with CVQ Land Surveyors, LLC, as authorized & approved for negotiations by CC on 11/08/11.
Attachments:
 
20.
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
 
A.
Real Estate Acquisition
 
B.
Cause No. C-3123-03-I; Hidalgo County, Texas v. Landmark Organization, L.P. et al
 
C.
Pending and/or potential litigation
 
D.
AI-29569   Claim of Lilia G. Montalvo
 
E.
AI-29605   Claim of Agustin Villanueva Reyes
 
F.
AI-29618   Claim of Eulalia Sanchez
 
G.
AI-29628   Claim of Iris Judith Serna & Rojelio Castillo
 
H.
AI-29573   Notice of claim regarding Brian Valadez
 
21.
Open Session:
 
A.
Real Estate Acquisition and appropriation for same
 
B.
Cause No. C-3123-03-I; Hidalgo County, Texas v. Landmark Organization, L.P. et al
 
C.
Pending and/or potential litigation
 
D.
AI-29619   Claim of Eulalia Sanchez
 
E.
AI-29607   Claim of Agustin Villanueva Reyes
 
F.
AI-29570   Claim of Lilia G. Montalvo
 
G.
AI-29629   Claim of Iris Judith Serna & Rojelio Castillo
 
H.
AI-29574   Notice of claim regarding Brian Valadez
 
22.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
23.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
24.
Adjourn