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Minutes for CC REGULAR

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
July 17, 2012
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.
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.
Environmental Compliance:
Discussion and possible submittal of comments regarding application for extension of TCEQ Scrap Tire Registration No. 6200592 for Santa Anita Reclamation LLC until September, 2017 for a Land Reclamation Project Using Tires (LRPUT).
 
C.
Presentation, discussion, and approval of payment of Invoice #671 for the 2012/2013 annual membership dues to the U.S./Mexico Border Counties Coalition in the amount of $11,314.08 with authority for the County Treasurer to issue check after review, audit, and processing procedures are completed by the County Auditor.
 
D.
Texas AgriLife Extension:
1.  Requesting permission for Christina L. Perez and Adelita Munoz to travel to Round Rock, Texas to attend the 2012 TAE4-HA Conference on July 31-Aug. 03, 2012
 
6.
County Judge's Office:
 
A.
Approval to submit Resolution of Support to Cameron County and Cameron County RMA for their consideration.
 
7.
Sheriff's Office:
 
A.
1. Authorization and Approval of a mutual aid task force agreement between the County of Hidalgo
and the City of Sullivan City.
2. Authorization for County Judge, as authorized official, to sign required document.
 
B.
1. Authorization and approval to accept the Local Border Security Program FY 2012 Grant (LBSP-12).

2. Authorization for County Judge, as authorized official to sign grant award form.

3. Approval to appropriate the budget for LBSP-12 grant award in the amount of $102,894.56.

4. Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security Program FY2012 (LBSP-12).  
 
8.
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 for Hidalgo County Health & Human Services Dept. to participate in the Interagency Cooperation Contract with the Texas Health & Human Services Commission.  The purpose of the Agreement is to perform Medicaid Administrative activities on behalf of the Health & Human Services Commission to improve the availability, accessibility, coordination and appropriate utilization of preventive and remedial health care resources to Medicaid eligible clients and their families. 

2.  Requesting authorization for Hidalgo County Health & Human Services Dept. to participate in the Business Associate Agreement with the Texas Health & Human Services Commission. 
 
C.
Requesting authorization to renew the Memorandum of Agreement between Hidalgo County Health & Human Services Dept. and the University of Texas Health Science Center at Houston.  The aim of this Agreement is to establish an agreement for the exchange of information and for cooperative research between both institutions in the field of reportable communicable diseases.  The term of this Agreement will begin September 1, 2012 and end on August 31, 2017. 
 
D.
Requesting authorization to apply for the Health Behavior Change Through Public Education grant offered by the Cancer Prevention & Research Institute of Texas.  The purpose of this funding is to foster prevention of cancer in Texas by providing financial support for a wide variety of projects relevant to cancer prevention, risk reduction, early detection, and survivorship. 
 
9.
IT Department - Renan Ramirez
 
A.
Pct. 4 Rd Maint:
Authorization to purchase new data cards service through the County's membership/participation with CONTRACT: DIR-SDD-1779 (Requisition # 218548) with awarded vendor VERIZON WIRELESS for the following:

Description: Department: Employee Name: Employee #: Service Plan: Equipment Cost:
New Activation Comm.Pct.4 Office Use N/A Unlimited Data Plan @ $37.99 + $5.00 taxes/fees = $42.99/mo Verizon 4G LTE @ $0
New Activation Comm.Pct.4 Office Use N/A Unlimited Data Plan @ $37.99 + $5.00 taxes/fees = $42.99/mo Verizon 4G LTE @ $0
 
10.
Urban County - Diana Serna:
 
A.
Urban County Program on behalf of the City of San Juan is requesting approval of a best and final negotiated contract with Cruz-Hogan Consultants, Inc. in the amount of $25,230.00 utilizing Year 24 (2011) funds for engineering and surveying services for flood drainage improvements on Chaparral, Buffalo, and Huisache Street in San Juan, Texas.
 
B.
1. Hold a Public Hearing to consider public comments for Hidalgo County Precinct No. 1’s proposed budget and program amendment for Fiscal Year 24 (2011) original work plan, utilizing forfeited funds. The proposed amendment will delete the Street Improvements activity in the amount of $260,000.00; create a Water/Sewer Improvements (Elsa) activity in the amount of $115,000.00; and increase the Precinct No. 1 Street Improvements (solar lights) activity by $145,900.00.

2. Requesting approval of a budget and program amendment for Hidalgo County Precinct No. 1. The proposed amendment for Fiscal Year 24 (2011) original work plan, utilizing forfeited funds. The proposed amendment will delete the Street Improvements activity in the amount of $260,000.00; create a Water/Sewer Improvements (Elsa) activity in the amount of $115,000.00; and increase the Precinct No. 1 Street Improvements (solar lights) activity by $145,900.00.
 
C.
1.  Disclosure of Conflict of Interest for "Community Housing Development Organization (CHDO) ” applicant Francisco Valdez

2.  Mr. Francisco Valdez has applied for assistance under the CHDO Program with a local non-profit Proyecto Azteca and is currently an employee of the agency
 
D.
Urban County Program for Precinct No. 1 is requesting consideration and action to award and enter into a construction contract with Saenz Utility Contractors, Ltd., being the lowest bidder meeting all specifications and/or requirements, for the Texas Department of Rural Affairs Contract No. 729055, in the amount of $84,360.00. The project involves sanitary sewer extension improvements for Colonia Saenz, De Anda & Perez Subdivision.
 
11.
Elections Administration - Yvonne Ramon:
 
A.
Discussion and/or action, including but not limited to Elections updates
 
B.
Requesting approval of the following claim/invoice 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 Description Amount
05/17/12 The Monitor 70,000 inserts w/online included $4,470.00
 
12.
TX. Agri-Life Extension Services:
 
A.
Texas Agrilife Extension:
1. Status update on Citrus Greening Disease.
2. Discussion regarding 2013 Master Gardener Conference to be held in Hidalgo County.
 
13.
Right of Way - Joe Pena:
 
A.
Authorization for title reports, surveys metes & bounds, appraisals, and acquisition on 2 lots in Hoehn Subd. for the Pct.4 Drainage Project.
 
B.
Authorization for title reports, surveys metes & bounds, appraisals, and acquisition of additional right of way on Cuevas Road- Pct. 4
 
C.
Approve execution of an Easement and Access Agreement, Quitclaim Deed, and Transfer of Easements, received from Hidalgo County Irrigation District No.1 for San Carlos Drainage Project, Parcel 10, related to Interlocal Cooperation Agreement between Hidalgo County Irrigation District No. One and Hidalgo County dated January 23, 2009
 
14.
Auditor's Office - Ray Eufracio:
 
A.
Discussion, consideration, and possible action regarding audit reports submitted by the Emergency Services District No. 3.
 
15.
Precinct #2 - Comm. H. Palacios:
 
A.
Pct. 2 Road & Bridge:
Approval of the following personnel actions:

1. Delete the following positions:

Department Slot No. Position Title Budgeted Salary
Administration 0003 Special Projects/Program Manager $51,870.00
Administration 0004 Research and Development Director $49,039.00
Administration 0006 H.R. Coordinator $43,680.00
Administration 0012 Office Clerk $18,564.00
    Total $163,153.00

2. Create the following positions:

Department Slot No. Position Title Budgeted Salary 
 Administration 0014  Planning Analyst I  $37,109.00 
 Administration 0015  Accounts Payable Specialist II  $31,815.00
     Total $68,924.00 

3. Delete the following  positions:

Department Slot No. Position Title Budgeted Salary
Road Maintenance 0010 Heavy Equipment Operator III $35,548.00
Road Maintenance 0013 Heavy Equipment Operator III $34,670.00
Road Maintenance 0017 Mechanic II $30,195.00
Road Maintenance 0025 Heavy Equipment Operator II $28,356.00
Road Maintenance 0031 Heavy Equipment Operator II $26,828.00
Road Maintenance 0036 Maintenance II $24,840.00
Road Maintenance 0039 Maintenance I $23,753.00
Road Maintenance 0056 Tire Repair $23,840.00
Road Maintenance 0062 Heavy Equipment Operator III $34,670.00
Road Maintenance 0063 Heavy Equipment Operator II $26,828.00
Road Maintenance 0066 Heavy Equipment Operator I $24,360.00
Road Maintenance 0067 Heavy Equipment Operator I $24,360.00
Road Maintenance 0069 Truck Driver II $26,059.00
Road Maintenance 0070 Truck Driver II $26,059.00
Road Maintenance 0074 Maintenance I $22,703.00
Road Maintenance 0075 Surveyor Technician $36,750.00
Road Maintenance 0076 Sureveyor Technician $36,750.00
Road Maintenance 0077 Heavy Equipment Operator III $34,670.00
     Total $521,239.00

4. Create the following positions:

Department Slot No. Position Budgeted Salary
Road Maintenance 0084 Road Construction Foreman $46,747.00
Road Maintenance 0085 Road Maintenance Foreman $46,747.00
Road Maintenance 0086 Heavy Equipment Operator IV/Excavator $40,078.00
Road Maintenance 0087 Construction Inspector $40,078.00
Road Maintenance 0088 Engineering Technician IV $40,078.00
    Total $213,728.00


5.  Approval of intradepartmental transfers.
6.  Approval of revised salary schedule.
 
16.
Precinct #4 - Comm. J. Palacios:
 
A.
Precinct #4 - Road & Bridge (124-007):
1.  Approval to create the following part time position:

Slot # Position Title Salary
0074 Clerk IV $ 29,458.00

2.  Approval of intradepartmental transfer.
3.  Approval of revised salary schedule.
 
17.
Budget & Management - Sergio Cruz:
 
A.
Pct. #4 (1200):
1.  Approval of Certification of Revenues as certified by the County Auditor for ECISD Project Barrier Revenues.
2.  Approval of 2012 appropriation of funds into Precinct #4 Rd. Maint (program 007) in the total amount of $117,439.18 (Reimbursement from Edinburg CISD Project Barrier).
 
B.
Presentation, discussion, and direction on "Operation Clean Slate".
 
C.
Presentation, discussion, and direction on administration of unemployment compensation process.
 
D.
Presentation, discussion, and direction on administration of FLSA Exempt/Non-Exempt classification.
 
E.
Budget Appropriations:
 
1.
Pct. #3 Drainage Imprv Project (1200):
Approval of 2012 appropriation of funds into Precinct #3 Drainage Improvement Project in the total amount of $65,780.61 to fund salary related expenditures.
 
2.
Pct. #1 Drainage Improvement (1200):
a. Approval of certification of revenues as certified by the County Auditor for Pct. 1 Drainage Improvement labor reimbursements.
b. Approval of 2012 appropriation of funds for the Pct. 1 Drainage Improvement (fund 1200, program 052) in the amount of $48,386.10 to fund payroll expenditures in relation to the Pct. 1 Drainage Improvement Project.
 
18.
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.
Presentation for acceptance and approval of 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.
Acceptance of an Amendment to Contract #C-11-117-08-02 with Godinez Communications dba Brian Godinez for Professional Consulting Services To Assist, Assess, Review And Facilitate Hidalgo County's Revenue And Expenditure Efficiencies In Various Public And Private Sector (Including All funding Sources, Programs And Entities) so as to incorporate  to the contract by reference Exhibit B-1  (the "Requirements") as well as B-2 (the "Evaluation") that were part of the Request For Proposals (the "RFP Packet") issued by the Purchasing Department of County and thus extending the contract term to terminate on August 2, 2013.
 
5.
Recommendation by project architect, Alcocer Garcia and Associates for Commissioner's Court to award to lowest bidder meeting all specifications: D. Wilson Construction Company in the amount of $3,314,000.00 for Bid No. 2012-029-06-27-MSS Hidalgo County “Renovations to Former Administration Building 1st and 2nd Floors.” 
 
6.
Elections Department:
A.  Requesting  the granting of an "order" for exemption from competitive bidding requirements under Texas Local Government Code, 262.024(a)(7)(A) "Items for which competition is precluded because of existence of patents, copyrights, secret processes or monopolies"; 

B.  Requesting approval of a "Sole Source Declaration" for (ES&S) "Elections Systems & Software, Inc." for any Software/Hardware Maintenance Agreements and supplies for the Ivotronics and ADA machines, for the lifetime of the machines purchased from the time period of 2005-2007 including the refurbished purchased in 2011.
 
7.
A. Status by consultant, Vazaldua & Associates, Inc. of the project titled: Consulting Services for Hidalgo County Energy Efficiency Conservation Strategy;

B. Pursuant to article 3.02-under Period of Services, request by awarded consultant, Vazaldua and Associates, Inc. that Commissioners Court approve an extension on this agreement (performance period set by DOE Grant is 03-30-13);

C. Pursuant to article 11.01-Assignment or Transfer of Interest, request by awarded consultant, Vazaldua and Associates, Inc. that Commissioners Court approve the assignment/transfer of interest to Energy Knowledge Group, LLC (EKG) of the contract balances reflected on Revised Appendix B-Project Cost and Payment Schedule-item #6 and Retainer in the following amounts: Item #6-$32,325.55 and Retainer-$20,675.37.
 
B.
Colonia Access Program Pct. 4
 
1.
Presentation through project engineer, J. E. Saenz & Associates of Commissioners Court's approval of Change Order No. 1 with contractor Sascon, Inc. for Lakeview Subdivision, Pct. No. 4 reflecting an additional 200 calendar days to contract time due to Sascon’s work stoppage.
 
19.
Open Forum
 
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.
Pending and/or potential litigation
 
C.
Claim of Julio Garcia
 
D.
Claim of Maria Robledo and Hilario Robledo, minor
 
21.
Open Session:
 
A.
Real Estate Acquisition and appropriation for same
 
B.
Pending and/or potential litigation
 
C.
Claim of Julio Garcia
 
D.
Claim of Maria Robledo and Hilario Robledo, minor
 
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