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Minutes\October 16, 2007-Regular\Page 1 THE STATE OF TEXAS § COUNTY OF CAMERON § BE IT REMEMBERED on the 16 th day of October 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 Charles Sharrow for the invocation Mr. Manuel Villarreal 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 October 12, 2007 at 11:30 A.M.:

BE IT REMEMBERED on the 16 th day of October 2007 ......2007/10/16  · Minutes\October 16, 2007-Regular\Page 1 THE STATE OF TEXAS COUNTY OF CAMERON BE IT REMEMBERED on the 16th day

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Page 1: BE IT REMEMBERED on the 16 th day of October 2007 ......2007/10/16  · Minutes\October 16, 2007-Regular\Page 1 THE STATE OF TEXAS COUNTY OF CAMERON BE IT REMEMBERED on the 16th day

Minutes\October 16, 2007-Regular\Page 1

THE STATE OF TEXAS §

COUNTY OF CAMERON § BE IT REMEMBERED on the 16th day of October 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 Charles Sharrow for the

invocation Mr. Manuel Villarreal 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 October 12, 2007 at 11:30 A.M.:

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Minutes\October 16, 2007-Regular\Page 2

_________________

(1) PUBLIC COMMENTS. Mr. Manuel Villarreal informed the Court and all Cameron County employees of the Health Fair that is to

be held on October 18, 2007 at the San Benito Annex and October 19, 2007 at the Judicial Building.

________ ________ PRESENTATIONS

(2) PRESENTATION OF 4TH QUARTER REPORT FOR THE

INTERNATIONAL BRIDGE SYSTEM. (PSJ-ADMINISTRATOR)

Mr. David Garcia, Deputy County Administrator, reported that the bridge crossings at the Gateway Bridge

totaled 1 million, an 8% decrease over the same quarter last year, with revenues totaling $1.5 million, a 7%

decrease. He noted that pedestrian crossings have also decreased by 8%.

Mr. Garcia reported that the Free Trade Bridge had bridge crossings totaling 191,093, a 1% decrease, with

revenues at $608,000, a 4% increase. He stated that the Veteran’s Bridge had bridge crossings totaling 558,000, a

12% decrease, with revenues at $2 million, a 4% decrease.

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

the Presentation of the 4th Quarter Report for the International Bridge System was acknowledged.

________________

(3) PRESENTATION OF UPDATES ON MENTAL HEALTH TASK FORCE BY ROSIE CAVAZOS VICE-CHAIR, AND SUB-COMMITTEES IMMEDIATE NEEDS, EDUCATION/REFERRALS, RECRUITMENT AND RETENTION, AND LEGISLATIVE PRIORITIES. (JW-COMM. PCT. 2)

Ms. Rosie Cavazos informed the Court that in April 2007, the following subcommittees were formed:

Legislative Committee, Education Referrals Committee, Recruitment/Retention Providers Committee and the

Immediate Needs Crisis Committee. She noted that the Mental Health Task Force meets monthly.

Mr. Margal M.Vicars, former Mayor of Brownsville, reported that as a result of the formation of the Task

Force, Valley Baptist Medical Center has opened a 38-bed facility for mental health patients on Ted Hunt Boulevard

and noted that there are currently 18 patients at the facility. He stated that more independent psychiatric doctors

with an open office are needed so that patients can receive the treatment they need. He thanked Commissioner

Wood and the rest of the Taskforce for their efforts.

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Minutes\October 16, 2007-Regular\Page 3

Ms. Gloria Casas, Legislature Committee Chairman, thanked the Court for supporting the endeavors of the

Task Force. She reported that the Legislative Committee has met with Representative Eddie Lucio III and he has

been receptive to the recommendations of the Committee. She noted that the committee will continue to work with

Representative Lucio and his office to develop a policy that will address the mental health needs of Cameron

County.

Ms. Casas added that that the committee is working on developing a local psychiatric residency program

through RAHC, a community education program aimed at recognizing the signs of lack of behavioral wellness and a

centralized database on incidents that may be related to the lack of behavioral wellness in Cameron County.

Ms. Maria Roussett, Education Referrals Committee, presented the Court with a Mental Health Referral

Directory.

Judge Cascos recognized the Mental Health Task Force Members and the subcommittees: Legislative

Committee-Gloria Casas, B.B. Crooks, Paul Hemphill, Maria Rousett, Michael Sauceda, Cris Valadez, Lira Flores,

Allen Snodgrass; Education Referrals Committee-Selma Yznaga, Manuel Samarippa, Aidee Garcia, Maria Rousett,

Rosie Cavazos, Teresa Brooks, Servando Barrera, Lucy Garcia, Gloria Casas; Recruitment/Retention Providers

Committee-Ruth Hunter, Sonia Keeble, Rebecca Rasco, Mohail Sauceda, Lira Flores, Ricardo Yasarrie, Matthew

Blum, John Young, Arturo Farias, Elvira Ramos, Shirley Wells; Immediate Needs Crisis Committee-Rosie Cavazos,

Lt. Danny Huerta, Lucy Garcia, B.B. Crooks, Margal Vicars, Armando Trevino, Teresa Brooks, Sandra Maxwell,

Commissioner John Wood, Jaime Flores, Sonia Keeble, Blas Ortiz. He noted that the Chairman of the Task Force is

Commissioner John Wood and Co-Chair is Ms. Rosie Cavazos.

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

Presentation of Updates on Mental Health Task Force by Rosie Cavazos Vice-Chair, And Sub-Committees

Immediate Needs, Education/Referrals, Recruitment and Retention, and Legislative Priorities was acknowledged.

The Documentation is as follows:

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Minutes\October 16, 2007-Regular\Page 4

________________ 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 Item No. 17: Judge Cascos asked to discuss this item separately.

Commissioner Benavides moved to approve the “Consent and Travel Items” excluding Item No. 17.

The motion was seconded by Commissioner Tamayo and carried unanimously.

(4) CONSIDERATION AND AUTHORIZATION TO AWARD BID TO ARGUS SECURITY SYSTEMS FOR THE CAMERON COUNTY SECURITY WALL GATE. (HG-CCDoT) The Documentation is as follows:

(5) CONSIDERATION AND APPROVAL OF TIME EXTENSION FROM MAY 17, 2007 TO MAY 17, 2008 FOR PROVIDING WATER WELL AND SEWER FACILITIES (SEPTIC SYSTEMS) AT ALOE VERA SUBDIVISION, PCT. 4. (EH-CCDoT)

(6) CONSIDERATION AND APPROVAL OF TIME EXTENSION FROM AUGUST 15, 2007 TO AUGUST 15,

2008 FOR PROVIDING SEWER FACILITIES (SEPTIC SYSTEMS) AT STONE SUBDIVISION NO. 3, PCT. 4. (EH-CCDoT)

(7) CONSIDERATION AND APPROVAL OF TIME EXTENSION FROM OCTOBER 5, 2007 TO OCTOBER

5, 2008 FOR PROVIDING SEWER FACILITIES (SEPTIC SYSTEMS) AT GRANDSTONE GARDENS SUBDIVISION, PCT. 4. (EH-CCDoT)

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

CREDIT FOR EAGLE ESTATE SUBDIVISION, PCT. 4, FOR UNBUILT SEPTIC SYSTEMS. (EH-CCDoT)

(9) CONSIDERATION AND AUTHORIZATION FOR FINAL PLAT APPROVAL FOR RODRIGUEZ-

BRAVO SUBDIVISION, PCT. 4, BEING A TRACT CONTAINING 5.373 ACRES OF LAND OUT OF A CERTAIN 12.746 ACRE TRACT OUT OF LOT 2, BLOCK 1, CAPISALLO DISTRICT SUBDIVISION, CAMERON COUNTY, TEXAS. (EH-CCDoT) The Documentation is as follows:

(10) CONSIDERATION AND APPROVAL OF CONTRACT BETWEEN CAMERON COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TEXAS DEPARTMENT OF STATE HEALTH SERVICES OFFICE OF BORDER HEALTH. (YS-HEALTH) (Contract No. 2007C10255) The Contract is as follows:

(11) CONSIDERATION AND APPROVAL OF CONTRACT BETWEEN CAMERON COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TEXAS DEPARTMENT OF STATE HEALTH SERVICES IMMUNIZATION BRANCH. (YS-HEALTH) (Contract No. 2007C10256) The Contract is as follows:

(12) CONSIDERATION AND APPROVAL OF CONTRACT BETWEEN CAMERON COUNTY

DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TEXAS DEPARTMENT OF STATE HEALTH SERVICES REGIONAL AND LOCAL HEALTH SERVICES TO IMPROVE AND STRENGTHEN THE LOCAL PUBLIC HEALTH INFRASTRUCTURE. (YS-HEALTH) (Contract No. 2007C10257) The Contract is as follows:

(13) CONSIDERATION AND APPROVAL OF CAMERON COUNTY INTERLOCAL AGREEMENT AND

PARTICIPATION WITH TEXAS ASSOCIATION OF COUNTIES RISK MANAGEMENT POOL (TAC RMP), WORKERS’ COMPENSATION SELF INSURANCE FUND, TAC COUNTY GOVERNMENT RISK

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Minutes\October 16, 2007-Regular\Page 5

MANAGEMENT POOL AND THE TAC PROPERTY & CASUALTY SELF INSURANCE FUND. (MV-HUMAN RESOURCES) (Contract No. 2007C10258) The Contract is as follows:

(14) CONSIDERATION AND APPROVAL OF CONCESSION AGREEMENT 2007C09237 WITH

AFFILIATED MANAGEMENT SYSTEM AT ANDY BOWIE PARK. (JM-PARKS) The Contract is as follows:

(15) CONSIDERATION AND APPROVAL OF CHANGE ORDER NO. 2 (2007010039) IN THE AMOUNT OF

$6,200.00 AND USING THE BETTERMENT FUND FOR THE ISLA BLANCA PARK BOAT RAMP. (JM-PARKS) (Order No. 2007O10039) The Order is as follows:

(16) CONSIDERATION AND APPROVAL OF A RESOLUTION AUTHORIZING CAMERON COUNTY TO APPLY FOR AN INDIGENT DEFENSE FORMULA GRANT FROM THE TASK FORCE ON INDIGENT DEFENSE. (FB-PD&M) (Resolution No. 2007R10099) The Resolution is as follows:

(17) CONSIDERATION AND AUTHORIZATION TO UTILIZE HOUSTON GALVESTON COUNCIL OF GOVERNMENTS HGAC INTERLOCAL COOPERATIVE PURCHASING AGREEMENT FOR WIRELESS CELLULAR, MOBILE BROADBAND, WIRELESS E-MAIL, GPS & FIELD FORCE APPLICATIONS & IP SERVICES. (MF-PURCHASING) (ACTION TAKEN SEPARATELY)

(18) CONSIDERATION AND AUTHORIZATION TO ADVERTISE FOR THE FOLLOWING ANNUAL

BIDS/RFP’S F.Y. 07-08: (MF-PURCHASING) (A) MEDICAL WASTE DISPOSAL (B) FILTERS A/C (C) PRODUCE (D) FIRE ALARM SYSTEMS INSPECTION & REPAIRS (E) LASER PRINTING OF TAX STATEMENTS

(19) CONSIDERATION AND AUTHORIZATION TO UTILIZE INTER-LOCAL COOPERATIVE

PURCHASING AGREEMENTS FOR THE FOLLOWING COMMODITIES IN ADDITION TO MISCELLANEOUS INTER-LOCAL COOPERATIVE PURCHASES. (MF-PURCHASING) The Documentation is as follows:

(20) CONSIDERATION AND AUTHORIZATION TO REJECT BIDS/RFP’S RECEIVED AND AUTHORIZATION TO RE-ADVERTISE FOR BIDS OR SOURCE PER INTER-LOCAL COOPERATIVE PURCHASING AGREEMENTS. (MF-PURCHASING) (A) BUILDING SUPPLIES: CARPENTRY MATERIALS – ANNUAL BID #2000 (B) BUILDING SUPPLIES: ELECTRICAL MATERIALS – ANNUAL BID #2000-2 The Documentation is as follows:

(21) CONSIDERATION AND AUTHORIZATION TO RENEW THE FOLLOWING BIDS/RFP’S FOR ONE (1) ADDITIONAL YEAR: (MF-PURCHASING) (A) COMPUTER SUPPLIES – ANNUAL BID #2440C (STAPLES) (B) OFFICE SUPPLIES – ANNUAL BID #2440O (CORPORATE EXPRESS) (C) TONER – ANNUAL BID #2440T (STAPLES) (D) LINEN & MATTRESSES: BLANKETS, TOWELS, MATTRESSES & PADS – ANNUAL BID

#2360 (BOB BARKER, CHARM TEX, TABB TEXTILES, I.C.S.) (E) JANITORIAL SUPPLIES: CHEMICALS & CLEANING – ANNUAL BID #2300 (GULF COAST

PAPER) (F) UNIFORMS NEW – SHERIFF’S JAIL – ANNUAL BID #2660 (BOB BARKER, LONE STAR

UNIFORMS) (G) TIRES – ALL – ANNUAL BID #1997 (FIRESTONE) (H) MEDICAL SUPPLIES – INFIRMARY & ALL – ANNUAL BID #2420 (PORT CITY MEDICAL) The Tabulation is as follows:

(22) CONSIDERATION AND ACKNOWLEDGEMENT OF NO BIDS/RFP’S RECEIVED FOR: (MF-PURCHASING) (A) REAL ESTATE BROKER/AGENT – RFQ #070903

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Minutes\October 16, 2007-Regular\Page 6

_______________ TRAVEL ITEMS

(23) CONSIDERATION AND AUTHORIZATION TO TRAVEL/OR APPROVAL OF TRAVEL EXPENSE

FOR THE FOLLOWING (PLEASE NOTE: TRAVEL REQUESTS ARE SUBJECT TO ALL APPLICABLE COUNTY POLICIES):

(A) 197TH DISTRICT COURT STAFF (1) TO TRAVEL TO SAN ANTONIO, TEXAS, ON 10/24 TO

10/26/07, TO ATTEND THE USMBA 2007 ANNUAL MEETING AND CLE EVENT.

(B) AUDITORS OFFICE STAFF (1) TO TRAVEL TO AUSTIN, TEXAS, ON 10/28 TO 10/31/07, TO ATTEND LBJ SCHOOL OF PUBLIC AFFAIRS – BASIC PUBLIC PURCHASING SEMINAR.

(C) CONSTABLE PRECINCT 3 STAFF (4) TO TRAVEL TO SAN ANTONIO, TEXAS, ON 10/14 TO

10/17/07, TO ATTEND MANDATORY TRAINING CIVIL PROCESS FOR CONSTABLES.

(D) COUNTY CLERK STAFF (2) TO TRAVEL TO HOUSTON, TEXAS, ON 11/15 TO 11/16/07, TO ATTEND THE “2007 TEXAS PUBLIC FUNDS INVESTMENTS CONFERENCE”.

(E) DEPARTMENT OF TRANSPORTATION STAFF (1) TO TRAVEL TO AUSTIN, TEXAS, ON

10/11/07, TO ATTEND A MEETING WITH TEXAS JAIL COMMISSION REGARDING THE CARRIZALEZ RUCKER DETENTION CENTER REPAIRS.

(F) DISTRICT ATTORNEY STAFF (2) TO TRAVEL TO CORPUS CHRISTI, TEXAS, ON 10/3 TO

10/4/07, TO ATTEND COMPTROLLER’S TOBACCO COMPLIANCE GRANTS WORKSHOP FOR LOCAL LAW ENFORCEMENT.

(G) EXTENSION OFFICE STAFF (1) TO TRAVEL TO CORPUS CHRISTI, TEXAS, ON 10/10 TO

10/11/07, TO ATTEND THE COOPERATIVE RESEARCH PROGRAM CONFERENCE.

(H) EXTENSION OFFICE STAFF (1) TO TRAVEL TO ST. PETERSBURG, FLORIDA, ON 11/17 TO 11/9/07, TO ATTEND THE COOPERATIVE RESEARCH PROGRAM CONFERENCE.

(I) JUVENILE PROBATION STAFF (25) TO TRAVEL TO SOUTH PADRE ISLAND, TEXAS, ON

10/1 TO 10/3/07, TO ATTEND SOUTH TEXAS REGIONAL TRAINING.

(J) JUSTICE OF THE PEACE PRECINCT 5 PLACE 1 STAFF (3) TO TRAVEL TO CORPUS CHRISTI, TEXAS, ON 10/18 TO 10/20/07, TO ATTEND THE ANNUAL SOUTH TEXAS JUSTICE OF THE PEACE AND CONSTABLES CONFERENCE AND TRAINING SEMINAR.

(K) PARKS SYSTEM STAFF (1) TO TRAVEL TO GALVESTON, TEXAS, ON 2/4 TO 2/8/07, TO

ATTEND THE TEXAS POLICE CHIEF LEADERSHIP SERIES, PART II.

(L) PROGRAM DEVELOPMENT & MANAGEMENT STAFF (1) TO TRAVEL TO EDINBURG, TEXAS, ON 10/25/07, TO ATTEND 2010 CENSUS LOCAL UPDATE OF CENSUS ADDRESSES (LUCA) WORKSHOP.

(M) SHERIFFS OFFICE STAFF (2) TO TRAVEL TO SAN MARCOS, TEXAS, ON 10/16 TO 10/19/07

TO ATTEND THE FORENSIC ANTHROPOLOGY AND TAPHONOMY WORKSHOP

(N) SHERIFFS OFFICE STAFF (2) TO TRAVEL TO HOUSTON, TEXAS, ON 10/21 TO 10/24/07, TO ATTEND THE HOMICIDE INVESTIGATION TRAINING SEMINAR.

(O) SHERIFFS OFFICE STAFF (1) TO TRAVEL TO SAN ANTONIO, TEXAS, ON 10/15 TO 10/19/07,

TO ATTEND THE EVIDENCE TECH. CERTIFICATION COURSE.

(P) SHERIFFS OFFICE STAFF (3) TO TRAVEL TO HUNTSVILLE, TEXAS, ON 10/7 TO 10/10/07, TO ATTEND THE ANNUAL JAIL MANAGEMENT CONFERENCE.

(Q) SHERIFFS OFFICE STAFF (3) TO TRAVEL TO PITTSFIELD, MASSACHUSETTS, ON 10/8 TO

10/11/07, TO PICK UP SHERIFFS DEPARTMENT ARMOR VEHICLE.

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Minutes\October 16, 2007-Regular\Page 7

(4) CONSIDERATION AND AUTHORIZATION TO AWARD BID TO ARGUS SECURITY SYSTEMS FOR THE CAMERON COUNTY SECURITY WALL GATE. (HG-CCDoT)

The Documentation is as follows:

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Minutes\October 16, 2007-Regular\Page 8

(9) CONSIDERATION AND AUTHORIZATION FOR FINAL PLAT APPROVAL FOR RODRIGUEZ-BRAVO SUBDIVISION, PCT. 4, BEING A TRACT CONTAINING 5.373 ACRES OF LAND OUT OF A CERTAIN 12.746 ACRE TRACT OUT OF LOT 2, BLOCK 1, CAPISALLO DISTRICT SUBDIVISION, CAMERON COUNTY, TEXAS. (EH-CCDoT)

The Documentation is as follows:

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Minutes\October 16, 2007-Regular\Page 9

(10) CONSIDERATION AND APPROVAL OF CONTRACT BETWEEN CAMERON COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TEXAS DEPARTMENT OF STATE HEALTH SERVICES OFFICE OF BORDER HEALTH. (YS-HEALTH) (Contract No. 2007C10255)

The Contract is as follows:

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Minutes\October 16, 2007-Regular\Page 10

(11) CONSIDERATION AND APPROVAL OF CONTRACT BETWEEN CAMERON COUNTY

DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TEXAS DEPARTMENT OF STATE HEALTH SERVICES IMMUNIZATION BRANCH. (YS-HEALTH) (Contract No. 2007C10256)

The Contract is as follows:

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Minutes\October 16, 2007-Regular\Page 11

(12) CONSIDERATION AND APPROVAL OF CONTRACT BETWEEN CAMERON COUNTY

DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TEXAS DEPARTMENT OF STATE HEALTH SERVICES REGIONAL AND LOCAL HEALTH SERVICES TO IMPROVE AND STRENGTHEN THE LOCAL PUBLIC HEALTH INFRASTRUCTURE. (YS-HEALTH) (Contract No. 2007C10257)

The Contract is as follows:

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(13) CONSIDERATION AND APPROVAL OF CAMERON COUNTY INTERLOCAL AGREEMENT AND

PARTICIPATION WITH TEXAS ASSOCIATION OF COUNTIES RISK MANAGEMENT POOL (TAC RMP), WORKERS’ COMPENSATION SELF INSURANCE FUND, TAC COUNTY GOVERNMENT RISK MANAGEMENT POOL AND THE TAC PROPERTY & CASUALTY SELF INSURANCE FUND. (MV-HUMAN RESOURCES) (Contract No. 2007C10258)

The Contract is as follows:

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Minutes\October 16, 2007-Regular\Page 13

(14) CONSIDERATION AND APPROVAL OF CONCESSION AGREEMENT 2007C09237 WITH

AFFILIATED MANAGEMENT SYSTEM AT ANDY BOWIE PARK. (JM-PARKS) The Contract is as follows:

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(15) CONSIDERATION AND APPROVAL OF CHANGE ORDER NO. 2 (2007010039) IN THE AMOUNT OF

$6,200.00 AND USING THE BETTERMENT FUND FOR THE ISLA BLANCA PARK BOAT RAMP. (JM-PARKS) (Order No. 2007O10039)

The Order is as follows:

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(16) CONSIDERATION AND APPROVAL OF A RESOLUTION AUTHORIZING CAMERON COUNTY TO

APPLY FOR AN INDIGENT DEFENSE FORMULA GRANT FROM THE TASK FORCE ON INDIGENT DEFENSE. (FB-PD&M) (Resolution No. 2007R10099)

The Resolution is as follows:

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Minutes\October 16, 2007-Regular\Page 16

(19) CONSIDERATION AND AUTHORIZATION TO UTILIZE INTER-LOCAL COOPERATIVE

PURCHASING AGREEMENTS FOR THE FOLLOWING COMMODITIES IN ADDITION TO MISCELLANEOUS INTER-LOCAL COOPERATIVE PURCHASES. (MF-PURCHASING) The Documentation is as follows:

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Minutes\October 16, 2007-Regular\Page 17

(20) CONSIDERATION AND AUTHORIZATION TO REJECT BIDS/RFP’S RECEIVED AND AUTHORIZATION TO RE-ADVERTISE FOR BIDS OR SOURCE PER INTER-LOCAL COOPERATIVE PURCHASING AGREEMENTS. (MF-PURCHASING) (A) BUILDING SUPPLIES: CARPENTRY MATERIALS – ANNUAL BID #2000 (B) BUILDING SUPPLIES: ELECTRICAL MATERIALS – ANNUAL BID #2000-2 The Documentation is as follows:

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(21) CONSIDERATION AND AUTHORIZATION TO RENEW THE FOLLOWING BIDS/RFP’S FOR ONE (1) ADDITIONAL YEAR: (MF-PURCHASING) (A) COMPUTER SUPPLIES – ANNUAL BID #2440C (STAPLES) (B) OFFICE SUPPLIES – ANNUAL BID #2440O (CORPORATE EXPRESS) (C) TONER – ANNUAL BID #2440T (STAPLES) (D) LINEN & MATTRESSES: BLANKETS, TOWELS, MATTRESSES & PADS – ANNUAL BID

#2360 (BOB BARKER, CHARM TEX, TABB TEXTILES, I.C.S.) (E) JANITORIAL SUPPLIES: CHEMICALS & CLEANING – ANNUAL BID #2300 (GULF COAST

PAPER) (F) UNIFORMS NEW – SHERIFF’S JAIL – ANNUAL BID #2660 (BOB BARKER, LONE STAR

UNIFORMS) (G) TIRES – ALL – ANNUAL BID #1997 (FIRESTONE) (H) MEDICAL SUPPLIES – INFIRMARY & ALL – ANNUAL BID #2420 (PORT CITY MEDICAL) The Tabulation is as follows:

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_____________________ EXECUTIVE SESSION

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

Court met in Executive Session at 6:09 P.M. to discuss the following matters:

(24) EXECUTIVE SESSION:

(A) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING A CLAIM OF TIMOTHY R. FLOYD FOR DISCUSSION AND POSSIBLE SETTLEMENT, PURSUANT TO V.T.C.A. GOVERNMENT CODE, SECTION 551.071 (1) (A) & (B).

(B) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING A CLAIM OF

JOE R. JONES, INC. CONTRACT, 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 (1) (A) & (2).

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

COUNTY VS. BFI WASTE COLLECTION, ET. AL., CAUSE NO. 2005-07-3905-A; BFI WASTE SERVICES OF TEXAS, LP AND WASTE MANAGEMENT OF TEXAS, INC. VS. COUNTY OF CAMERON, IN THE THIRTEENTH COURT OF APPEALS, CORPUS CHRISTI, TEXAS CAUSE NO. 13-06-623-CV; AND BFI WASTE SERVICES OF TEXAS, L.P. VS. COUNTY OF CAMERON AND RED RIVER SERVICE CORPORATION OF TEXAS, INC., CASE NO. B-05-279, FOR DISCUSSION OF STATUS, PURSUANT TO V.T.C.A. GOVERNMENT CODE, SECTION 551.071 (1) (A) & (B).

(D) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING RED RIVER

SOLID WASTE COLLECTION CONTRACT ABOUT ISSUE OF NONCOMPLIANCE OR OF DEFAULT AND POSSIBLE LITIGATION, 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 (A) & (2).

________________

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

Court reconvened into Regular Session at 7:23 P.M. to discuss the following matters:

(25) ACTION RELATIVE TO EXECUTIVE SESSION:

(A) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING A CLAIM OF TIMOTHY R. FLOYD FOR DISCUSSION AND POSSIBLE SETTLEMENT, PURSUANT TO V.T.C.A. GOVERNMENT CODE, SECTION 551.071 (1) (A) & (B). (TABLED)

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

unanimously, this Item was TABLED.

(B) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING A CLAIM OF JOE R. JONES, INC. CONTRACT, 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 (1) (A) & (2).

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

unanimously, the Report by Legal Counsel was acknowledged.

(C) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING CAMERON COUNTY VS. BFI WASTE COLLECTION, ET. AL., CAUSE NO. 2005-07-3905-A; BFI WASTE SERVICES OF TEXAS, LP AND WASTE MANAGEMENT OF TEXAS, INC. VS. COUNTY OF CAMERON, IN THE THIRTEENTH COURT OF APPEALS, CORPUS CHRISTI, TEXAS CAUSE NO. 13-06-623-CV; AND BFI WASTE SERVICES OF TEXAS, L.P. VS. COUNTY OF CAMERON AND RED RIVER SERVICE CORPORATION OF TEXAS, INC., CASE NO. B-05-279, FOR DISCUSSION OF STATUS, PURSUANT TO V.T.C.A. GOVERNMENT CODE, SECTION 551.071 (1) (A) & (B).

Commissioner Garza motioned to acknowledge the Report by Legal Counsel.

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

AYE: Commissioner Garza, Commissioner Benavides and Commissioner Wood

NAY: None

ABSTAIN: Commissioner Tamayo

(D) CONFER WITH COMMISSIONERS’ COURT LEGAL COUNSEL CONCERNING RED RIVER SOLID WASTE COLLECTION CONTRACT ABOUT ISSUE OF NONCOMPLIANCE OR OF DEFAULT AND POSSIBLE LITIGATION, 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 (A) & (2).

Commissioner Wood motioned to acknowledge the Report by Legal Counsel.

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

AYE: Commissioner Wood, Commissioner Garza and Commissioner Benavides

NAY: None

ABSTAIN: Commissioner Tamayo

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

for Executive Session Items No. 25 (C) and (D).

The Affidavit is as follows:

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_______________

(17) CONSIDERATION AND AUTHORIZATION TO UTILIZE HOUSTON GALVESTON COUNCIL OF GOVERNMENTS HGAC INTERLOCAL COOPERATIVE PURCHASING AGREEMENT FOR WIRELESS CELLULAR, MOBILE BROADBAND, WIRELESS E-MAIL, GPS & FIELD FORCE APPLICATIONS & IP SERVICES. (MF-PURCHASING)

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

Authorization to Utilize Houston Galveston Council of Governments HGAC Interlocal Cooperative Purchasing

Agreement for Wireless Cellular, Mobile Broadband, Wireless E-Mail, GPS & Field Force Applications & IP

Services was approved.

_______________ ACTION ITEMS

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

Upon motion by Commissioner Tamayo, seconded by Commissioner Benavides 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:

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_______________

(27) APPROVAL OF CLAIMS. Commissioner Garza moved to approve the Claims.

The motion was seconded by Commissioner Wood and carried unanimously.

The Claims are as follows:

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_______________

(28) APPROVAL OF MINUTES FOR: (A) SEPTEMBER 18, 2007 – REGULAR MEETING

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

Minutes for the September 18, 2007-Regular Meeting were approved.

________________

(29) CONSIDERATION AND APPROVAL TO TRANSFER $9,636.00 FROM SLOT #5 TO 100-5180 JAIL INFIRMARY SLOT #1. (OL-SHERIFF)

Judge Cascos expressed concern for setting a precedent and approving the salary increase despite the fact

that this increase was requested during the budgetary cycle and was denied.

Commissioner Benavides motioned to approve the Transfer of $9,636.00 from Slot #5 to 100-5180 Jail

Infirmary Slot #1.

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

AYE: Commissioner Benavides, Commissioner Wood, Commissioner Garza and Commissioner Tamayo

NAY: Judge Cascos The Documentation is as follows:

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________________

(30) DISCUSSION AND POSSIBLE ACTION REGARDING THE CREATION OF A COMMITTEE TO OVERSEE THE DISTRIBUTION OF TOBACCO SETTLEMENT FUNDS (PSJ-ADMINISTRATOR)

Commissioner Garza motioned to create a (5) member committee to oversee the distribution of tobacco

settlement funds.

The motion was seconded by Commissioner Tamayo and carried unanimously.

________________

(31) DISCUSSION AND POSSIBLE ACTION REGARDING THE PROPOSED ANNEXATION OF DESIGNATED AREA OF COUNTY PROPERTY SOUTH OF TOWN OF SOUTH PADRE ISLAND. (PSJ-ADMINISTRATOR) (TABLED)

Commissioner Tamayo motioned to TABLE this item.

The motion was seconded by Commissioner Benavides and carried unanimously.

________________ (32) DISCUSSION AND POSSIBLE ACTION REGARDING THE

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

Mr. David Garcia, Deputy County Administrator, informed the Court that the Brownsville Urban System is

requesting the County’s support regarding legislation at the federal level that will impact the manner in which transit

systems are allowed to use their federal funds. He recommended that a letter of support be drafted in support of their

efforts.

Mr. Garcia reported that the Water Resources Development Act was passed by both the House and the

Senate and does not include language that would have de-authorized the Arroyo Colorado.

Commissioner Benavides motioned to acknowledge the Report by David Garcia regarding the County’s

State and Federal Legislative Agenda and to authorize the drafting of a letter in support of the Brownsville Urban

System.

The motion was seconded by Commissioner Wood and carried unanimously.

________________ (33) CONSIDERATION AND AUTHORIZATION TO MAINTAIN

TCDRS PLAN PROVISIONS FOR PLAN YEAR 2008 AS IS. (PSJ-ADMINISTRATOR)

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

Authorization to maintain the TCDRS Plan Provisions for Plan Year 2008 was approved.

The Documentation is as follows:

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________________ (34) CONSIDERATION AND AUTHORIZATION TO ACCEPT

PROPOSAL FROM CLEAN AIR SOLUTIONS UTILIZING THE TEXAS INTERLOCAL PURCHASING SERVICES (TIPS) TO PERFORM MECHANICAL HYGIENE SERVICES AT THE CAMERON COUNTY ADMINISTRATION BUILDING. (PSJ-ADMINISTRATOR)

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

Authorization to Accept the Proposal from Clean Air Solutions Utilizing the Texas Interlocal Purchasing Services

(TIPS) to perform Mechanical Hygiene Services at the Cameron County Administration Building was approved.

The Documentation is as follows:

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________________ (35) CONSIDERATION AND AUTHORIZATION TO EXEMPT

FROM THE COUNTY PURCHASING ACT THE PURCHASE OF SOLID WASTE COLLECTION IN THE INCORPORATED AREA OF THE COUNTY AS A HEALTH AND SAFETY ITEM, SPECIFICALLY THE REQUIREMENTS OF V.T.C.A., LOCAL GOVERNMENT CODE, SECTION 262.023, PURSUANT TO AUTHORITY GRANTED IN SECTION 262.024 (A) (2). (ROB-LEGAL) (TABLED)

Commissioner Wood motioned to TABLE this item.

The motion was seconded by Commissioner Garza and carried unanimously.

_________________________ SUPPLEMENTAL AGENDA

______________ ACTION ITEM

(1) CONSIDERATION AND AUTHORIZATION TO REQUEST A

VARIANCE FROM THE TEXAS COMMISSION ON JAIL STANDARDS TO ALLOW THE COUNTY TO DESIGN, BUILD AND OPERATE DAYROOMS AND DORMITORIES WITH A CAPACITY OF 64 INMATES. (PSJ-ADMINISTRATOR)

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

Authorization to Request a Variance from the Texas Commission on Jail Standards to Allow the County to Design,

Build and Operate Dayrooms and Dormitories with a Capacity of 64 Inmates was approved.

The Documentation is as follows:

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_________________________ SUPPLEMENTAL AGENDA

______________ ACTION ITEM

(1) CONSIDERATION AND AUTHORIZATION TO EXEMPT

FROM THE COUNTY PURCHASING ACT THE PURCHASE OF SOLID WASTE COLLECTION IN THE UNINCORPORATED AREA OF THE COUNTY AS A HEALTH AND SAFETY ITEM, SPECIFICALLY THE REQUIREMENTS OF V.T.C.A., LOCAL GOVERNMENT CODE, SECTION 262.023, PURSUANT TO AUTHORITY GRANTED IN SECTION 262.024 (A) (2). (Order No. 2007O10040)

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

Authorization to Exempt from the County Purchasing Act the Purchase Of Solid Waste Collection in the

Unincorporated Area of the County as a Health and Safety Item, Specifically the Requirements of V.T.C.A., Local

Government Code, Section 262.023, Pursuant to Authority Granted in Section 262.024 (A) (2), was approved.

The Order is as follows:

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___________________________ 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 7:59 P.M.

APPROVED this 13th day of November 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