the state of texas § county of cameron · 5/1/2007 · (12) consideration and authorization to...

Minutes\May 1, 2007-Regular\

THE STATE OF TEXAS §

COUNTY OF CAMERON § BE IT REMEMBERED on the 1st day of May 2007, there was conducted a

REGULAR Meeting of the Honorable Commissioners’ Court of Cameron County, Texas, at the Courthouse thereof, in the City of Brownsville, Texas, for the purpose of transacting any and all business that may lawfully be brought before the same.

THE COURT MET AT: PRESENT: 5:30 P.M. CARLOS H. CASCOS, CPA

COUNTY JUDGE

SOFIA C. BENAVIDES COMMISSIONER PRECINCT NO. 1

JOHN WOOD COMMISSIONER PRECINCT NO. 2

DAVID A. GARZA COMMISSIONER, PRECINCT NO. 3

EDNA TAMAYO COMMISSIONER, PRECINCT NO. 4

JOE G. RIVERA COUNTY CLERK

Aide A. Trejo Deputy Clerk

ABSENT:

The meeting was called to order by Judge Cascos at 5:30 P.M. He asked Pastor Tomas Caruba for the

invocation. Ms. Estela Farias then led the Court and audience in reciting the Pledge of Allegiance and the Pledge of

Allegiance to the State Flag.

The Court considered the following matters as posted and filed for Record in the Office of the County

Clerk on April 27, 2007 at 8:08 A.M.:


_________________

(1) PUBLIC COMMENTS. None were presented.

________ ________ PRESENTATIONS

(2) PRESENTATION AND ADOPTION OF RESOLUTION

HONORING MS. ESTELA F. FARIAS ON THE OCCASION OF HER RETIREMENT FROM CAMERON COUNTY. (CHC-COUNTY JUDGE) (Resolution No. 2007R04048)

Judge Cascos presented Ms. Estela Farias with the Resolution honoring the occasion of her retirement from

Cameron County.

Ms. Farias thanked the court for this honor.

Upon motion by Commissioner Garza, seconded by Commissioner Tamayo and carried unanimously, the

Presentation and Adoption of a Resolution Honoring Ms. Estela F. Farias On The Occasion Of Her Retirement from

Cameron County.

The Resolution is as follows:


_________________

(3) PRESENTATION BY THE JAIL OVERCROWDING ISSUES COMMITTEE.

Judge Luis Saenz, County Magistrate, informed the Court that the Jail Overcrowding Issues Committee

discussed short-term and long-term solutions. He stated that one short-term solution includes the Brownsville City

Municipal Judges and the Cameron County Magistrate Judges reviewing files in order to determine those individuals

that could be given a PR bond. He advised the Court of a long-term solution whereas the District Attorney does

direct filing. He explained that direct filing will mean an Assistant District Attorney will be on-call 24 hours a day

in order to authorize whether an arrest can be made by communicating with the arresting officer in the field. He

recommended that the County talk to legislature regarding paper-ready and blue warrant inmates.

Commissioner Garza questioned the number of blue warrant inmates the County is currently housing.

Judge Saenz replied that there are 60 blue warrant inmates in the Jail at the present time.

Judge Cascos recommended that the Jail Overcrowding Issues Committee meet frequently.

Upon motion by Commissioner Tamayo, seconded by Commissioner Garza and carried unanimously, the

Presentation by Mr. Luis Saenz was acknowledged.

_________________ (4) PRESENTATION BY TERRY CROCKER, CEO, TROPICAL

TEXAS BEHAVIORAL HEALTH, TO PROVIDE BRIEF AGENCY OVERVIEW, UPDATE ON NEW INITIATIVES, NEW BUILDING, FUNDING ISSUES AND FUTURE CHALLENGES. (TC-TROPICAL TEXAS)

Upon motion by Commissioner Wood, seconded by Commissioner Benavides and carried unanimously, the

Presentation by Terry Crocker, CEO of Tropical Texas Behavioral Health, was acknowledged.

The Documentation is as follows:


_________________ (5) CONSIDERATION AND ADOPTION OF RESOLUTION

HONORING MR. JOE RAYMOND (TITO) GOMEZ ON THE OCCASION OF HIS RETIREMENT FROM CAMERON COUNTY. (PSJ-ADMINISTRATOR) (Resolution No. 2007R04050)


Resolution Honoring Mr. Joe Raymond (Tito) Gomez on the Occasion of his Retirement from Cameron County was

approved.



_________________

(6) CONSIDERATION AND ADOPTION OF A RESOLUTION SUPPORTING THE RESTRICTION OF DRILLING/MINING ACTIVITIES WITHIN THE DESIGNATED PARK AREAS OF PEDRO “PETE” BENAVIDES COUNTY PARK AS PER TEXAS PARKS AND WILDLIFE REQUIREMENTS. (JM-PARKS) (TABLED)

Upon motion by Commissioner Benavides, seconded by Commissioner Tamayo and carried unanimously,

this Item was TABLED.

_________________

(7) CONSIDERATION AND APPROVAL OF A RESOLUTION AUTHORIZING THE DISTRICT ATTORNEY’S OFFICE TO FILE A VIOLENCE AGAINST WOMEN ACT (VAWA) CONTINUATION GRANT APPLICATION WITH THE GOVERNOR’S OFFICE CRIMINAL JUSTICE DIVISION FOR THE DOMESTIC VIOLENCE UNIT. (FB-PD&M) (Resolution No. 2007R04047)

Mr. Frank Bejarano, PD & M Director, informed the Court of two minor modifications to the grant budget:

1) the total project cost increased by $1,591 and 2) the local match increased by $556.77. He noted that the local

match is being paid from the District Attorney’s Forfeiture Fund.


Resolution Authorizing the District Attorney’s Office to File a Violence Against Women Act (VAWA)

Continuation Grant Application with the Governor’s Office Criminal Justice Division For The Domestic Violence

Unit with approved with the changes to the grant budget.



________________ CONSENT ITEMS

ALL ITEMS UNDER THE CONSENT AGENDA ARE HEARD COLLECTIVELY UNLESS OPPOSITION IS PRESENTED, IN WHICH CASE THE CONTESTED ITEM WILL BE CONSIDERED, DISCUSSED, AND APPROPRIATE ACTION TAKEN SEPARATELY.

DISCUSSION CONCERNING CONSENT AND TRAVEL ITEMS: Consent Items No. 8, No. 16 and Travel Item No. 23 (A): Mr. Pete Sepulveda, County Administrator, asked to discuss Consent Items No. 8 and No. 16 separately and to TABLE Travel Item No. 23 (A). Consent Item No. 22: Commissioner Garza asked to discuss this item separately. Commissioner Garza moved to approve the “Consent and Travel Items” excluding Consent Items No. 8,

No. 16 and No. 22 and tabling Travel Item No. 23 (A).

The motion was seconded by Commissioner Wood and carried unanimously.

(8) CONSIDERATION AND AUTHORIZATION TO ISSUE INDIVIDUAL PERMITS ALLOWING GEOPHYSICAL EXPLORER AS CONTRACTOR FOR SANCHEZ OIL & GAS, TO ENTER UPON PROPERTY CURRENTLY OWNED BY CAMERON COUNTY OR HELD BY CAMERON COUNTY AS TRUSTEE , FOR THE PURPOSE OF PLACING ANY NECESSARY EQUIPMENT ON SAID PROPERTY FOR THE PERFORMING SEISMIC TESTING. (PSJ-ADMINISTRATOR) (ACTION TAKEN SEPARATELY)

(9) CONSIDERATION AND APPROVAL OF AMENDED ENGINEERING SERVICES AGREEMENT

CONTRACT BETWEEN CAMERON COUNTY AND GUZMAN & MUNOZ ENGINEERING FOR THE RENOVATION OF THE 4TH FLOOR OF THE ADMINISTRATIVE BUILDING. (PSJ-ADMINISTRATOR) (Contract No. 2007C04090) The Contract is as follows:

(10) CONSIDERATION AND AUTHORIZATION TO INSTALL PHONE/FAX LINES AND TO INCUR

MONTHLY PHONE PAYMENT FOR ARROYO CITY FIRE STATION/LEARNING CENTER. (DAG-DEPUTY COUNTY ADMINISTRATOR) The Documentation is as follows:

(11) CONSIDERATION AND AUTHORIZATION TO ACCEPT PINEMORE DRIVE AND PINE BLUFF

DRIVE LOCATED IN PINEWOOD NO. 3 SUBDIVISION, PCT. 2, AS RECORDED IN CABINET 1, PG. 2592-B & 2593-A, OF THE CAMERON COUNTY MAP RECORDS, CAMERON COUNTY, TEXAS INTO THE COUNTY ROAD SYSTEM. (EH-CCDoT) The Documentation is as follows:

(12) CONSIDERATION AND AUTHORIZATION TO ACCEPT BROWNSTONE CIRCLE, BROWNSTONE

CIRCLE –EAST, BROWNSTONE CIRCLE –NORTH, BROWNSTONE CIRCLE -SOUTH AND BROWNSTONE CIRCLE -WEST LOCATED IN BROWNSTONE SUBDIVISION, PCT. 4, AS RECORDED IN CABINET 1, PG. 2684-A & 2684-B, OF THE CAMERON COUNTY MAP RECORDS, CAMERON COUNTY, TEXAS INTO THE COUNTY ROAD SYSTEM. (EH-CCDoT) The Documentation is as follows:

(13) CONSIDERATION AND AUTHORIZATION TO INITIATE THE DRAWING PROCESS ON LETTER OF

CREDIT FOR ALOE VERA SUBDIVISION, PCT. 4, FOR UN-BUILT WATER WELLS AND SEPTIC SYSTEMS. (EH-CCDoT)


(14) CONSIDERATION AND ADOPTION OF A PROCLAMATION DECLARING THE MONTH OF MAY 2007 AS “ELDER ABUSE PREVENTION MONTH” IN CAMERON COUNTY, TEXAS. (CHC-JUDGE) (Resolution No. 2007R04049) The Resolution is as follows:

(15) CONSIDERATION AND APPROVAL OF AN AMENDMENT TO THE TEMPORARY MONITORING

WORKSPACE EASEMENT BETWEEN CAMERON COUNTY (PARKS AND RECREATION) AND THE UNIVERSITY OF TEXAS AT AUSTIN. (JM-PARKS) (Contract No. 2007C04088) The Contract is as follows:

(16) CONSIDERATION AND AUTHORIZATION TO ADJUST FUNDS FOR THE PREVIOUSLY SELECTED

COUNTY COASTAL IMPACT ASSISTANCE PROGRAM TIER I PROJECTS. (JM-PARKS) (ACTION TAKEN SEPARATELY)

(17) CONSIDERATION AND AUTHORIZATION TO AWARD RFQ #1200 FOR JAIL PHYSICIAN

SERVICES (INFIRMARY) SUBJECT TO CONTRACT: NEGOTIATIONS AND APPROVAL BY COMMISSIONERS’ COURT. (MF-PURCHASING) The Tabulation is as follows:

(18) CONSIDERATION AND AUTHORIZATION TO AWARD BIDS/RFP’S/RFQ’S FOR THE FOLLOWING:

(MF-PURCHASING) (A) TRAILER (50,000 LBS.) – BID #070401 (INTERSTATE) The Tabulation is as follows:

(19) CONSIDERATION AND AUTHORIZATION TO AWARD (SUBJECT TO CONTRACT NEGOTIATIONS

AND APPROVAL BY COMMISSIONERS’ COURT) THE FOLLOWING BIDS/RFP/RFQ FOR: (MF-PURCHASING) (A) RADIOLOGICAL DIAGNOSTIC SERVICES – INFIRMARY – ANNUAL RFP #1690

(MOBILE IMAGING) The Tabulation is as follows:


AND APPROVAL BY COMMISSIONERS COURT) THE FOLLOWING BIDS/RFP’S/RFQ’S FOR: (MF-PURCHASING) (A) LABORATORY SERVICES – INFIRMARY – ANNUAL RFP #1475-2

(21) CONSIDERATION AND AUTHORIZATION TO AWARD BIDS/RFP’S/RFQ’S FOR THE FOLLOWING: (MF-PURCHASING) (A) AUTO: SEDAN – BID #070402 (BOGGUS FORD) The Tabulation is as follows:

(22) CONSIDERATION AND AUTHORIZATION TO AWARD (SUBJECT TO CONTRACT NEGOTIATIONS AND APPROVAL BY COMMISSIONERS COURT) THE FOLLOWING BIDS/RFP’S/RFQ’S FOR: (MF-PURCHASING) (ACTION TAKEN SEPARATELY) (A) OPERATIONS OF SEVEN CONCESSION BUSINESSES

(PARKS S.P.I.) – RFP #070105

_______________ TRAVEL ITEMS

(23) CONSIDERATIONS AND AUTHORIZATION TO TRAVEL/OR APPROVAL OF TRAVEL EXPENSE FOR THE FOLLOWING (PLEASE NOTE: TRAVEL REQUESTS ARE SUBJECT TO ALL APPLICABLE COUNTY POLICIES):

(A) CONSTABLE PCT. 3 STAFF (3) TO TRAVEL TO ZAPATA, TEXAS, ON 5/4 TO 5/5/07, TO

ATTEND THE SOUTH TEXAS JUSTICE OF THE PEACE CONSTABLE ASSOCIATION MID-YEAR CONFERENCE. (TABLED)

(B) COUNTY AUTOMOBILE CRIMES ENFORCEMENT TASK FORCE STAFF (2) TO TRAVEL

TO AUSTIN, TEXAS, ON 5/8 TO 5/9/07, TO ATTEND THE TEXAS ASSOCIATION OF


VEHICLE THEFT INVESTIGATORS/SOUTH CENTRAL REGIONAL CHAPTER OF THE INTERNATIONAL ASSOCIATION OF AUTO THEFT INVESTIGATOR’S (TAVTI/SCRC) REGIONAL DIRECTOR’S MEETING.

(C) COUNTY AUTOMOBILE CRIMES ENFORCEMENT TASK FORCE STAFF (3) TO TRAVEL

TO CIUDAD VICTORIA, TAMAULIPAS, ON 5/2 TO 5/5/07, TO PROVIDE “COURSES IN VEHICLE IDENTIFICATION, TITLE FRAUD, AUTO THEFT INVESTIGATIONS, AND HEAVY EQUIPMENT THEFT DETECTION”.

(D) DISTRICT ATTORNEY TO TRAVEL TO SAN ANTONIO, TEXAS, ON 4/23 TO 4/24/7, TO

ATTEND THE SOUTH TEXAS HIDTA MEETING. (E) DISTRICT ATTORNEY STAFF (1) TO TRAVEL TO SAN ANTONIO, TEXAS, ON 4/23 TO

4/24/07, TO ATTEND THE SOUTH TEXAS HIDTA MEETING. (F) DISTRICT ATTORNEY STAFF (1) TO TRAVEL TO SAN FRANCISCO, CALIFORNIA, ON 4/29

TO 5/3/07, TO ATTEND THE NATIONAL COLLEGE OF DISTRICT ATTORNEYS OFFICE ADMINISTRATION COURSE.

(G) DISTRICT ATTORNEY STAFF (2) TO TRAVEL TO SAN ANTONIO, TEXAS ON 5/6 TO 5/10/07,

TO ATTEND THE NATIONAL COLLEGE OF DISTRICT ATTORNEYS EXPERTS COURSE. (H) DISTRICT CLERK STAFF (5) TO TRAVEL TO WICHITA FALLS, TEXAS, ON 6/17 TO 6/21/07,

TO ATTEND THE 112TH COUNTY AND DISTRICT CLERKS’ ASSOCIATION OF TEXAS CONFERENCE.

(I) EXTENSION OFFICE STAFF (3) TO TRAVEL TO CORPUS CHRISTI, TEXAS, ON 5/22 TO

5/24/07, TO ATTEND THE DISTRICT 12 SPRING FACULTY MEETING. (J) EXTENSION OFFICE STAFF (1) TO TRAVEL TO CORPUS CHRISTI, TEXAS, ON 5/22 TO

5/24/07, TO ATTEND THE DISTRICT 12 SPRING FACULTY MEETING. (K) JUSTICE OF THE PEACE PCT. 2 PLACE 1 STAFF (1) TO TRAVEL TO AUSTIN, TEXAS, ON

5/29 TO 5/31/07, TO ATTEND THE COURT PERSONNEL SEMINAR. (LS-J.P. PCT. 2, PL. 1) (L) JUVENILE PROBATION STAFF (1) TO TRAVEL TO AUSTIN, TEXAS, ON 5/3 TO 5/4/07, TO

ATTEND THE SOUTH TEXAS CHIEF MEETING AND POST LEGISLATIVE MEETING. (M) SHERIFF’S DEPARTMENT STAFF (2) TO TRAVEL TO WASHINGTON, D.C., ON 4/22 TO

4/27/07, TO ATTEND THE SOUTHWESTERN BORDER SHERIFF’S COALITION. (N) SHERIFF’S DEPARTMENT STAFF (1) TO TRAVEL TO AUSTIN, TEXAS, ON 6/24 TO 6/29/07,

TO ATTEND THE TEXAS GANG INVESTIGATORS ASSOCIATION 2007 TRAINING CONFERENCE.

(O) UNIFIED NARCOTICS INTELLIGENCE TASK FORCE DIRECTOR TO TRAVEL TO SAN

ANTONIO, TEXAS, ON 4/23 TO 4/24/07, TO ATTEND THE SOUTH TEXAS HIDTA EXECUTIVE MEETING.


(9) CONSIDERATION AND APPROVAL OF AMENDED ENGINEERING SERVICES AGREEMENT

CONTRACT BETWEEN CAMERON COUNTY AND GUZMAN & MUNOZ ENGINEERING FOR THE RENOVATION OF THE 4TH FLOOR OF THE ADMINISTRATIVE BUILDING. (PSJ-ADMINISTRATOR) (Contract No. 2007C04090) The Contract is as follows:


(10) CONSIDERATION AND AUTHORIZATION TO INSTALL PHONE/FAX LINES AND TO INCUR

MONTHLY PHONE PAYMENT FOR ARROYO CITY FIRE STATION/LEARNING CENTER. (DAG-DEPUTY COUNTY ADMINISTRATOR) The Documentation is as follows:


(11) CONSIDERATION AND AUTHORIZATION TO ACCEPT PINEMORE DRIVE AND PINE BLUFF

DRIVE LOCATED IN PINEWOOD NO. 3 SUBDIVISION, PCT. 2, AS RECORDED IN CABINET 1, PG. 2592-B & 2593-A, OF THE CAMERON COUNTY MAP RECORDS, CAMERON COUNTY, TEXAS INTO THE COUNTY ROAD SYSTEM. (EH-CCDoT) The Documentation is as follows:


(12) CONSIDERATION AND AUTHORIZATION TO ACCEPT BROWNSTONE CIRCLE, BROWNSTONE

CIRCLE –EAST, BROWNSTONE CIRCLE –NORTH, BROWNSTONE CIRCLE -SOUTH AND BROWNSTONE CIRCLE -WEST LOCATED IN BROWNSTONE SUBDIVISION, PCT. 4, AS RECORDED IN CABINET 1, PG. 2684-A & 2684-B, OF THE CAMERON COUNTY MAP RECORDS, CAMERON COUNTY, TEXAS INTO THE COUNTY ROAD SYSTEM. (EH-CCDoT) The Documentation is as follows:


(14) CONSIDERATION AND ADOPTION OF A PROCLAMATION DECLARING THE MONTH OF MAY

2007 AS “ELDER ABUSE PREVENTION MONTH” IN CAMERON COUNTY, TEXAS. (CHC-JUDGE) (Resolution No. 2007R04049) The Resolution is as follows:


(15) CONSIDERATION AND APPROVAL OF AN AMENDMENT TO THE TEMPORARY MONITORING

WORKSPACE EASEMENT BETWEEN CAMERON COUNTY (PARKS AND RECREATION) AND THE UNIVERSITY OF TEXAS AT AUSTIN. (JM-PARKS) (Contract No. 2007C04088) The Contract is as follows:


(17) CONSIDERATION AND AUTHORIZATION TO AWARD RFQ #1200 FOR JAIL PHYSICIAN

SERVICES (INFIRMARY) SUBJECT TO CONTRACT: NEGOTIATIONS AND APPROVAL BY COMMISSIONERS’ COURT. (MF-PURCHASING) The Tabulation is as follows:



(MF-PURCHASING) (A) TRAILER (50,000 LBS.) – BID #070401 (INTERSTATE) The Tabulation is as follows:



AND APPROVAL BY COMMISSIONERS’ COURT) THE FOLLOWING BIDS/RFP/RFQ FOR: (MF-PURCHASING) (A) RADIOLOGICAL DIAGNOSTIC SERVICES – INFIRMARY – ANNUAL RFP #1690

(MOBILE IMAGING) The Tabulation is as follows:



(MF-PURCHASING) (A) AUTO: SEDAN – BID #070402 (BOGGUS FORD) The Tabulation is as follows:


_____________________ EXECUTIVE SESSION

Upon motion by Commissioner Garza, seconded by Commissioner Wood and carried unanimously, the

Court met in Executive Session at 6:36 P.M. to discuss the following matters:

(24) EXECUTIVE SESSION: (A) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING

MANAGEMENT AND PURCHASE ISSUES WITH THE INTERNATIONAL BRIDGE SYSTEM ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICTS WITH THIS CHAPTER, PURSUANT TO V.T.C.A. GOVERNMENT CODE, SECTION 551.071(2).

(B) DELIBERATION REGARDING REAL PROPERTY CONCERNING ACQUISITION OF

PARCEL 17, FOR RIGHT OF WAY FOR THE WEST RAIL PROJECT, PURSUANT TO V.T.C.A. GOVERNMENT CODE, SECTION 551.072.

(C) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING ROEL

GONZALEZ AND SONIA GONZALEZ VS. CAMERON COUNTY, TEXAS AND JESUS VILLANUEVA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; CIVIL ACTION NO. 05-278, FOR DISCUSSION OF STATUS OF CASE AND SETTLEMENT, PURSUANT TO V.T.C.A. GOVERNMENT CODE, SECTION 551.071 (1)(A).

(D) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING ANDREW

PAUL SMITH VS. CAMERON COUNTY, TEXAS AND OMAR LUCIO, SHERIFF OF CAMERON COUNTY, TEXAS, CIVIL ACTION NO. B-05-302, FOR DISCUSSION OF STATUS OF CASE AND SETTLEMENT, PURSUANT TO V.T.C.A. GOVERNMENT CODE, SECTION 551.071 (1)(A).

(E) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING THE

BALANCE DUE UNDER THE OLD CONTRACT, FOR DISCUSSION AND AUTHORITY TO SETTLE WITH RED RIVER SERVICE CORPORATION, PURSUANT TO V.T.C.A. GOVERNMENT CODE, SECTION 551.071 (1)(A). (Contract No. 2007C05091)

_________________

Upon motion by Commissioner Wood, seconded by Commissioner Garza and carried unanimously, the

Court reconvened into Regular Session at 6:50 P.M. to discuss the following matters:

(25) ACTION RELATIVE TO EXECUTIVE SESSION:

(A) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING MANAGEMENT AND PURCHASE ISSUES WITH THE INTERNATIONAL BRIDGE SYSTEM ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICTS WITH THIS CHAPTER, PURSUANT TO V.T.C.A. GOVERNMENT CODE, SECTION 551.071(2).

Upon motion by Commissioner Wood, seconded by Commissioner Garza and carried

unanimously, this Item was TABLED.


(B) DELIBERATION REGARDING REAL PROPERTY CONCERNING ACQUISITION OF PARCEL 17, FOR RIGHT OF WAY FOR THE WEST RAIL PROJECT, PURSUANT TO V.T.C.A. GOVERNMENT CODE, SECTION 551.072.

Upon motion by Commissioner Garza, seconded by Commissioner Wood and carried

unanimously, authorization for County staff to confer with TxDOT on a negotiated price was approved.

(C) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING ROEL GONZALEZ AND SONIA GONZALEZ VS. CAMERON COUNTY, TEXAS AND JESUS VILLANUEVA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; CIVIL ACTION NO. 05-278, FOR DISCUSSION OF STATUS OF CASE AND SETTLEMENT, PURSUANT TO V.T.C.A. GOVERNMENT CODE, SECTION 551.071 (1)(A).

Upon motion by Commissioner Wood, seconded by Commissioner Tamayo and carried

unanimously, the Status Report by Legal Counsel was acknowledged.

(D) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING ANDREW PAUL SMITH VS. CAMERON COUNTY, TEXAS AND OMAR LUCIO, SHERIFF OF CAMERON COUNTY, TEXAS, CIVIL ACTION NO. B-05-302, FOR DISCUSSION OF STATUS OF CASE AND SETTLEMENT, PURSUANT TO V.T.C.A. GOVERNMENT CODE, SECTION 551.071 (1)(A).

Commissioner Wood moved to acknowledge the Status Report by Legal Counsel and to

acknowledge that the Report showed that a summary judgment was issued in favor of the County.

The motion was seconded by Commissioner Benavides and carried unanimously.

(E) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING THE BALANCE DUE UNDER THE OLD CONTRACT, FOR DISCUSSION AND AUTHORITY TO SETTLE WITH RED RIVER SERVICE CORPORATION, PURSUANT TO V.T.C.A. GOVERNMENT CODE, SECTION 551.071 (1)(A). (Contract No. 2007C05091)

Commissioner Wood moved to approve the Mutual Release and Settlement Agreement whereby

Cameron County will pay to Red River Service Corporation $23,653.10 and Red River Service Corporation

will pay to Cameron County $126,974.78 and to authorize the release of said checks.

The motion was seconded by Commissioner Benavides and carried as follows:

AYE: Commissioner Wood, Commissioner Benavides and Commissioner Garza

NAY: None

ABSTAIN: Commissioner Tamayo

Judge Cascos let it be known that Commissioner Tamayo was not present during the discussion of

this item.



_________________

(8) CONSIDERATION AND AUTHORIZATION TO ISSUE INDIVIDUAL PERMITS ALLOWING GEOPHYSICAL EXPLORER AS CONTRACTOR FOR SANCHEZ OIL & GAS, TO ENTER UPON PROPERTY CURRENTLY OWNED BY CAMERON COUNTY OR HELD BY CAMERON COUNTY AS TRUSTEE , FOR THE PURPOSE OF PLACING ANY NECESSARY EQUIPMENT ON SAID PROPERTY FOR THE PERFORMING SEISMIC TESTING. (PSJ-ADMINISTRATOR) (TABLED)

Mr. Pete Sepulveda, County Administrator, asked to table this item.

Upon motion by Commissioner Benavides, seconded by Commissioner Tamayo and carried unanimously,

this Item was TABLED.

_________________

(16) CONSIDERATION AND AUTHORIZATION TO ADJUST FUNDS FOR THE PREVIOUSLY SELECTED COUNTY COASTAL IMPACT ASSISTANCE PROGRAM TIER I PROJECTS. (JM-PARKS)

Commissioner Garza informed the Court that any changes to the budget would cause a delay.

Upon motion by Commissioner Garza, seconded by Commissioner Wood and carried unanimously,

Authorization to Adjust Funds for the Previously Selected County Coastal Impact Assistance Program Tier I

Projects was approved.



_________________

(20) CONSIDERATION AND AUTHORIZATION TO AWARD (SUBJECT TO CONTRACT NEGOTIATIONS AND APPROVAL BY COMMISSIONERS COURT) THE FOLLOWING BIDS/RFP’S/RFQ’S FOR: (MF-PURCHASING) (A) LABORATORY SERVICES – INFIRMARY – ANNUAL RFP #1475-2

Upon motion by Commissioner Wood, seconded by Commissioner Garza and carried unanimously, Annual

RFP #1475-2, Laboratory Services, was awarded to Clinical Pathology.

The Tabulation is as follows:


_________________

(22) CONSIDERATION AND AUTHORIZATION TO AWARD (SUBJECT TO CONTRACT NEGOTIATIONS AND APPROVAL BY COMMISSIONERS COURT) THE FOLLOWING BIDS/RFP’S/RFQ’S FOR: (MF-PURCHASING) (A) OPERATIONS OF SEVEN CONCESSION BUSINESSES

(PARKS S.P.I.) – RFP #070105

Upon motion by Commissioner Garza, seconded by Commissioner Tamayo and carried unanimously, RFP

#070105, Operations of Seven Concession Businesses (Parks S.P.I.), was approved as per the Evaluation

Committee’s recommendations.

The Tabulation is as follows:


_______________ ACTION ITEMS

(26) BUDGET AMENDMENTS, LINE ITEM TRANSFERS AND/OR SALARY SCHEDULES.

Upon motion by Commissioner Garza, seconded by Commissioner Wood and carried unanimously, the

Budget Amendments, Line Item Transfers and/or Salary Schedules were approved.

The Budget Amendments, Line Item Transfers and/or Salary Schedules are as follows:


_________________

(27) APPROVAL OF MINUTES FOR: (A) MARCH 13, 2007 – REGULAR MEETING (B) MARCH 20, 2007 – REGULAR MEETING

Upon motion by Commissioner Tamayo, seconded by Commissioner Wood and carried unanimously, the

minutes for the March 13, 2007- Regular Meeting and March 20, 2007-Regular Meeting were approved.

_________________

(28) APPROVAL OF CLAIMS. Commissioner Wood moved to approve the Claims, inclusive of the late claims.

The motion was seconded by Commissioner Benavides and carried as follows:

AYE: Commissioner Wood, Commissioner Benavides and Commissioner Tamayo

NAY: None

ABSTAIN: Commissioner Garza as to Warrant No. 00179908, made payable to The Medicine Shoppe, in the amount of $1,474.36

The Claims and Affidavit are as follows:


_________________

(29) DISCUSSION AND POSSIBLE ACTION ON TEMPORARY CONTRACT NEGOTIATIONS REGARDING THE PERFORMANCE OF AUTOPSIES FOR CAMERON COUNTY. (PSJ-ADMINISTRATOR)

Upon motion by Commissioner Garza, seconded by Commissioner Tamayo and carried unanimously, this

Item was TABLED.

_________________

(30) CONSIDERATION AND POSSIBLE ACTION REGARDING THE CREATION OF THE CAMERON COUNTY COASTAL IMPACTS TASKFORCE AND APPOINTMENT OF COUNTY REPRESENTATIVES. (PSJ-ADMINISTRATOR)

Commissioner Garza recommended that the Taskforce include a representative from Cameron County, the

Town of South Padre Island, the Town of Laguna Vista and the Town of Bayview. .

Judge Cascos recommended that Taskforce be made up of either (7) or (9) members.

Mr. Joe Vega, Parks Department, added that a memorandum of understanding will need to be presented to

each entity in the Taskforce.

Commissioner Wood recommended that Commissioner Benavides represent Cameron County.

Judge Cascos recommended that Commissioner Garza be Chairman of the Taskforce and that the Taskforce

include Commissioner Benavides, a representative from the City of Port Isabel, the Town of Laguna Vista, the

Town of Bayview, the Town of South Padre Island, the Port of Brownsville, the Point Isabel Independent School

District and the Port Isabel/San Benito Navigation District.

Mr. Vega informed the Court that the Town of South Padre Island is expected to assign a representative to

the Taskforce at their next meeting.

Commissioner Tamayo moved to approve the Creation of the Cameron County Coastal Impacts Taskforce

and that the Taskforce be composed of a 9-member committee as previously stated by Judge Cascos.

The motion was seconded by Commissioner Wood and carried unanimously.



_________________

(31) CONSIDERATION AND POSSIBLE ACTION REGARDING THE COUNTY’S LEGISLATIVE AGENDA FOR THE 80TH TEXAS LEGISLATIVE SESSION. (PSJ-ADMINISTRATOR)

Upon motion by Commissioner Tamayo, seconded by Commissioner Garza and carried unanimously, the

Report regarding the County’s Legislative Agenda for the 80th Texas Legislative Session was acknowledged.



_________________ (32) DISCUSSION AND POSSIBLE ACTION REGARDING THE

COUNTY’S FEDERAL LEGISLATIVE AGENDA. (PSJ-ADMINISTRATOR)

Upon motion by Commissioner Garza, seconded by Commissioner Tamayo and carried unanimously, this

Item was TABLED.

_______________ SUPPLEMENTAL AGENDA

_______________ ACTION ITEMS

(1) CONSIDERATION AND POSSIBLE ACTION TO RELOCATE THE MAIL ROOM AT THE ADMINISTRATIVE BUILDING TO THE BASEMENT OF THE DANCY BUILDING AND TO EQUIP AND STAFF A MAILROOM AT THE AURORA DE LA GARZA & JOE RIVERA SAN BENITO COURTHOUSE ANNEX (BUILDING FORMERLY KNOWN AS THE LEVIS’ BUILDING). (MY-AUDITOR)

Mr. Mark Yates, County Auditor, asked the Court for authorization to relocate the Mailroom, currently

located on 3rd floor of the Administrative Annex, to the basement of the Dancy Building while a more permanent

location is determined. He recommended that the Zarate Building, located at 1006 E. Monroe Street, eventually be

converted into a permanent mail distribution center.

Judge Cascos inquired as to the budget for the relocation and to equip and staff a Mailroom at the Aurora

De La Garza & Joe G. Rivera San Benito Courthouse Annex.

Mr. Yates recommended that this issue be discussed during the budgetary process.

Commissioner Garza inquired as to how the Department of Transportation handles their mail.

Mr. Pete Sepulveda, County Administrator, replied that mail is currently delivered and picked up by a

runner for the (3) largest divisions: Engineering, the Bridge System and Public Works.

Judge Cascos asked Mr. Yates for a timeline as to the implementation of the relocation.

Mr. Yates recommended that the Mailroom be relocated prior to the commencement of the renovations to

the 3rd and 4th floors of the Administrative Annex.

Judge Cascos recommended that Mr. Yates draft a budget for the Mailroom to be located at the Aurora De

La Garza & Joe G. Rivera San Benito Courthouse Annex.


Mr. Yates replied that he will draft a budget based on the Court’s recommendations as to the Mailroom

operations at the San Benito Courthouse Annex.

Judge Cascos asked for clarification as to the exact location of the temporary Mailroom in the basement of

the Dancy Building.

Mr. Yates replied that the location for the temporary Mailroom is the area located next to the Maintenance

Department in the basement of the Dancy Building.

Judge Cascos recommended that the basement of the Dancy Building be used as a temporary location for

the Mailroom and that the County Auditor work with the Maintenance Director and the County Administrator in

order to determine what renovations need to be done to the Zarate Building to convert it into a mail distribution

center.

Commissioner Tamayo moved to acknowledge the Presentation by Mark Yates and to authorize the

Relocation of the Mail Room at the Administrative Building to the Basement of the Dancy Building.

The motion was seconded by Commissioner Benavides and carried unanimously.



___________________________ There being no further business to come before the Court, upon motion by Commissioner Benavides,

seconded by Commissioner Garza and carried unanimously, the meeting was ADJOURNED at 7:34 P.M.

APPROVED this 3rd day of July 2007

___________________________________ CARLOS H. CASCOS, CPA

COUNTY JUDGE

ATTEST: ________________________________________ JOE G. RIVERA, COUNTY CLERK AND EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT OF CAMERON COUNTY, TEXAS

the state of texas § county of cameron · 5/1/2007 · (12) consideration and authorization to...

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