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Minutes for CC REGULAR

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
December 20, 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 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
 
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.
Authority for County Judge to sign Certificate for San Juan Higher Education Finance Revenue Bonds (Horizon Montessori Schools) Series 2011 for the issuance of Education Revenue Bonds 
Attachments:
 
C.
Discussion and action to re-schedule the Commissioners' Court meeting of December 27, 2011 to Thursday, December 29, 2011 to allow additional time for processing/payment of 2011 invoices
 
D.
Texas Agrilife Extension:
1.  Requesting permission for two (2) employees to travel to San Antonio, Texas on January 4-5, 2012 to attend the Food Based Business Training
2.  Requesting permission for one (1) employee to travel to Orlando, Florida on January 3-5, 2012 to attend the Beltwide Cotton Conference
Attachments:
 
E.
Environmental Compliance:
Requesting approval to reimburse Martin Ramirez for fuel purchase in the amount of $72.60 due to fuel card not working properly with authority for County Treasurer to issue check after review and auditing procedures are completed by the County Auditor.
Attachments:
 
7.
Constables:
 
A.
Constable Pct. 1:
Discussion, consideration and approval to appoint Rene Saldivar as reserve deputy constable by Constable Celestino Avila Jr., Constable Precinct 1 in accordance with Texas Local Government Code 86.012.
Attachments:
 
8.
County Judge's Office:
 
A.
Discussion, consideration, and action regarding Hidalgo County Tax Increment Reinvestment Zone (TIRZ) Policy.
 
B.
Recognition of Ms. Diana Serna
 
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.
1. Requesting authorization to accept the Interlocal Cooperation Agreement between Lower Rio Grande Valley Development Council and Hidalgo County. 

2. Approval of Certification of Revenue as certified by the County Auditor
 
3. Approval of the Budget Appropriation in the amount of $27,766.07
 
C.
TB Division (1293):
1.  Requesting authorization to accept the TB Prevention & Control - Federal grant contract #2012-040152-001 in the amount of $433,127.00 for the period of 01/01/2012 to 12/31/2012. 

2.  Approval of the Certification of Revenue as certified by the County Auditor.

3.  Requesting approval of the attached TB grant budget appropriation.
 
D.
Discussion regarding Hidalgo County Health & Human Services Dept. to participate with the University of Texas - Pan American in applying for a Health Care Innovation Challenge grant offered by the U.S. Department of Health & Human Services.  While the main applicant for this grant will be UT-Pan Am, Hidalgo County Health & Human Services Dept. will participate with UT-Pan Am via an Interlocal Agreement supporting model initiatives proposed in the grant application.  Hidalgo County's role would be to provide UT-Pan Am's medical team access to County clinics with the goal of providing primary care / preventive medicine services to local medicaid & under-insured patients.
Attachments:
 
E.
Health & Human Services Dept. - Health Administration (1293):
1.  Approval to appropriate the Health Administration Budget in the amount of $45,559.00 for the period of 01/01/2012 to 12/31/2012. 
2.  Approval of Salary Schedule.
 
10.
Emergency Management - Oscar Montoya:
 
A.
Discussion, consideration, and approval of the following documents as required by the Texas Division of Emergency Management (TDEM):
1. Annex E - Evacuation
2. Annex L - Energy Utilities
3. Annex R - Search and Rescue
4. Annex Q - Hazmat/Oil Spill
 
11.
Urban County - Diana Serna:
 
A.
Urban County Program on behalf of the City of La Joya is requesting approval of a best and final negotiated contract with Hinojosa Engineering, Inc. in the amount of $5,313.80 utilizing Year 24 (2011) funds for Engineering Services for Parks, Recreational Facility Improvements for the La Joya Youth Facility located in La Joya, Texas.
Attachments:
 
B.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services.

2. Presentation of the scoring grid for the purpose of ranking by Commissioners' Court of at least three (3) engineering firms from the county’s approved “pool” as graded and evaluated by the City of Peñitas, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 24 (2011) City of Peñitas, Flood Drainage Improvements on Ignite Street in Penitas, Texas.

FIRM GRADE RANKED
Javier Hinojosa Engineering 96.6  
J.E. Saenz & Associates, Inc. 92.6  
Aldana Engineering & Traffic Design 87.6  

3. Authority to negotiate a professional engineering service contract with the highest ranked firm of
for the provision of engineering services for an Urban County Program Year 24 (2011) City of Peñitas – Flood Drainage Improvements for improvements on Ignite Street in Penitas, Texas.
 
C.
1.  Conduct a Public Hearing to solicit input and advise the public of the need to submit the FHAST FORM to comply with the Texas General Land Office requirements for the Round 2.2 Supplemental Disaster Recovery Supplemental Allocation application.

2.  The Hidalgo County Urban County Program (UCP) is requesting approval to adopt the State’s Fair Housing Activity Statement- Texas Form (“FHAST FORM”). The FHAST FORM is intended to stimulate discussion among the Work Group so that issues can be clarified based on local circumstances; leading to a Fair Housing Action Plan that will be a “good fit” for the jurisdiction as well as ensure the jurisdiction can meet its obligation to abide by Fair Housing laws and regulations and to Affirmatively Further Fair Housing (“AFFH”).
Attachments:
 
D.
The Urban County Program is requesting approval of a best and final negotiated contract with Dannenbaum Engineering Company – McAllen, LLC in the amount of $40,276.18 utilizing Year 23 & 24 (2010 & 2011) City of Progreso funds for professional engineering services for a Street Improvement Project.
Attachments:
 
E.
Requesting authorization to amend the Homeless Prevention and Rapid Re-Housing Program (HPRP) contract with Catholic Charities of the Rio Grande Valley (CCRGV) and the Hidalgo County Urban County Program. The amendment will not change the current budget, but will allow us to move funds within the current budget for Homeless Prevention. This will help Catholic Charities to assist families with financial assistance (i.e. rent, utilities, deposit).
Attachments:
 
12.
Elections Administration - Yvonne Ramon:
 
A.
Discussion and Approval of Early Voting Sites for the Primary Elections, March 6, 2012
Attachments:
 
B.
Update on recent changes to deadlines regarding amendments of county election precinct boundaries.
Attachments:
 
13.
Head Start Program - Teresa Flores:
 
A.
Discussion/Approval to Enter into a Sixty (60) Month Lease Agreement through the Hidalgo County's Membership/Participation with the Texas Multiple Award Schedule (TXMAS-5-36010) for One (1) Postage Meter
Attachments:
 
B.
Discussion/Approval on Request to Purchase Three (3) Cargo Vans through the Hidalgo County's Membership/Participation with the Texas Association School Board (TASB) Buyboard's Awarded Vendor, Caldwell Chevrolet (Including TASB Administrative Fee)
Attachments:
 
C.
Discussion/Approval for Hidalgo County Head Start Program to Exercise Option to Extend for an Additional One (1) Year Term the Lease Agreements for Facilities and/or Land with the Following Private Entities:
1. San Martin de Porres Catholic Church (Land)
2. Daniel Garza (Land)
Attachments:
 
14.
Right of Way - Joe Pena:
 
A.
Right of Way Dept for Pct. #2:
Discussion and authorization for County Judge to Execute Earnest Money Contract and authorization for County Auditor to issue payment of $1000 Earnest Money deposit to Valley Land Title Company and $100 Option Fee to Solida Administradora de Portafolios,S.A. de C.V., a Mexico corporation for the Pct. 2 Lopezville Park Project.
 
15.
Colonia Access Program: Agapito Vargas:
 
A.
Requesting authority to submit 3rd Call BCAP Applications for possible approval by TxDOT for the following (not limited) subdivisions: La Milpa Subdivision, Randolph Barnett Subdivision No.1, Randolph Barnett Subdivision No.2, Jardin Terrace Subdivision, Regal Estates Subdivision, Ramirez Subdivision No.3, Engleman Estates Subdivision, Green Vally Acres Subdivision, and Ware Estates Subdivision.
 
16.
Planning Department - Raul Sesin:
 
A.
1. Preliminary Approval
a. Mjay Subdivision – Pct. 4 (Gloria Garza)
b. Fidencio Garcia Estates – Pct. 1 (Fidencio Garcia)

2. Final Approval
a. Cardinal Waves Subdivision – Pct. 3 (Franz Reinhold)
b. Re-subdivision of Lot 1, La Espada Subdivision – Pct. 3 (Christian I Loera)

3. Final Approval with Financial Guarantee
a. Las Estrellas No. 1 Subdivision – Pct. 3 (Lorin Runnels)

4. Reimbursement of a Cash Deposit
a. Haddonfield Phase 2 Subdivision – Pct. 4 (BIC Investments)
 
17.
Precinct #3 - Comm. Flores:
 
A.
Requesting authorization for title reports, appraisals, surveys metes & bounds and possible Right of Way on Vanderpool Road (County Road #2511 Havana, Texas)
Attachments:
 
18.
Precinct #4 - Comm. J. Palacios:
 
A.
Request authorization to name private service road located within Hidalgo County Pct. #4 as follows:

COLORADO SR.
Attachments:
 
B.
Approval to appoint Aaron Vela and Fred Capadona to the Emergency Services District #3 Board.
Attachments:
 
19.
Budget & Management - Sergio Cruz:
 
A.
Discussion, consideration, and approval to grant Texas Department of Transportation Right-of-Entry to FM 681/FM 2221 for the purpose of conducting a hazardous material investigation necessary for successful project planning and permitting efforts with authority for County Judge to execute document.
Attachments:
 
20.
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.
Requesting authority to advertise and approval of a modified procurement packet (i.e. qualifications, requirements, and scope of services, etc.) with several recommended additions highlighted for review and notation as attached hereto for the overall improvement of the process in connection with the following “Hidalgo County Qualified Pools of Professional Services”:

a. Architectural Services (RFQ No. 2012-001-01-18-MSS)
b. Engineering Services (RFQ No. 2012-002-01-18-CGA) 
c. Engineering Services -Geotechnical & Construction Materials Testing (RFQ No. 2011-003-01-18-SMA)
d. Real Estate Appraiser Services (RFQ No. 2012-004-01-18-YZV)
e. Surveyor Services (RFQ No. 2012-005-01-18-YZV)
f. Construction Management Services (RFQ No. 2012-006-01-18-YSI) 

for selection on an “as needed basis” (through a grading/scoring, ranking, negotiation protocol - as established by CC) per project by Hidalgo County Commissioners Court, Precincts, all County Departments and/or applicable Programs or Agencies requiring said services effective 2-09-2012 for a period of one (1) year. 
 
5.
Approval and acceptance of a rebate check from The Local Government Purchasing Cooperative and Buyboard program in the amount of $ 25,162.93 for the participation in the Cooperative for 2010-2011 fiscal year.
 
6.
Approval of Supplemental Agreement  No. 3 to Work Authorization No. 1 - Contract #C-10-062-02-16 with TEDSI Infrastructure so as to provide Phase I Construction Phase Services along with adding a Geotechnical Sub-Consultant (L& G Engineering Laboratory) and as further detailed under Attachment "B" of the Supplemental Agreement.
 
7.
Acceptance of a rebate check number 4270894 in the amount of $ 5,315.24 from Buyboard  for the month of October 2011.
Attachments:
 
8.
a. Requesting exemption from competitive bidding requirements under Texas Local Government Code, Chapter 262.024, (a)(7)-"Items for which competition is precluded because of existence of patents, copyrights, secret processes or monopolies" in connection with the "Maintenance and Support Services Agreement" with Weidenhammer Systems Corporation;

b. Approval of a "Sole Source Declaration" with authority to purchase and enter into a 12 month renewal maintenance and support services agreement with Weidenhammer Systems Corporation as required by the Auditor's Office in the amount of $37,151.00 for fiscal year 01/01/12-12/31/2012 including the signing of required documents by County Judge or Court Member.
 
B.
Pct. 3
 
1.
a. Requesting exemption from competitive procurement requirements under Texas Local Government Code, Chapter/Section, 282.024 (a) (7) 'an item that can obtained from only one source'...;

b.  Approval of a Sole Source Declaration for Jose Ramirez, Jr. owner of the tract of land (and as further described in the Sole Source Declaration submitted and made part of the minutes of Commissioners Court) currently leased by Hidalgo County (aka, the Penitas Landfill located in Penitas, Texas) for the purposes of landfill access under TCEQ Permit No. MSW 1727 for the residents residing in areas outside the ETJ of cities in Precinct #3, Hidalgo County, Texas including authority to enter into a lease;
 
c. Approval of a Lease Agreement with Jose Ramirez, Jr. for the tract of land described in the Sole Source Declaration approved herein
Attachments:
 
C.
Colonia Access Program Pct. 1
 
1.
a. Requesting approval of “Supplemental Agreement No. 4” to C-CAP-08-028-10-28 between Hidalgo County and TEDSI Infrastructure Group to add “Attachment A” with additional projects resulting in an increase of $13,335.58 for various BCAP Round III projects.

b. Requesting approval of Work Authorization No. 2 (with a proposed fee of $13,335.58) with TEDSI Infrastructure Group to provide Engineering Services to Hidalgo County Precinct No. 1 for Various Border Colonia Access Program Round III Projects. 
 
D.
Sheriff's Office
 
1.
Approval of AIA Document A101 between Hidalgo County-Owner and D. Wilson Construction Company-Contractor (forwarded to legal counsel for approval as to form) and awarded through bid by CC 11/22/11 for the "Construction of Sheriff's Office Substation in the Precinct. 1 Area"", including authorization for County to execute document and for project architect, Gignac & Associates, to issue and forward "Notice to Proceed" to contractor.
 
21.
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.
Claim of AT&T
 
E.
Claim of Roxanna Salinas
 
F.
Claim of Romeo Jimenez
 
G.
Claim of Luz Matilde Garcia & Roberto Garcia
 
H.
Claim of Consuelo Balleza
 
I.
Cause No. CL-09-0231-D; Noe Ramos v. County of Hidalgo; In the County Court at Law No. 4 of Hidalgo County, Texas
 
22.
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.
Claim of AT&T
 
E.
Claim of Roxanna Salinas
 
F.
Claim of Romeo Jimenez
 
G.
Claim of Luz Matilde Garcia & Roberto Garcia
 
H.
Claim of Consuelo Balleza
 
I.
Cause No. CL-09-0231-D; Noe Ramos v. County of Hidalgo; In the County Court at Law No. 4 of Hidalgo County, Texas
 
23.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
24.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
25.
Adjourn