SPECIAL MEETING - January 24, 2017
BE IT REMEMBERED, that on this 24th day of January A.D., 2017, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
| HONORABLE RAMON GARCIA HONORABLE DAVID FUENTES HONORABLE EDUARDO "EDDIE" CANTU HONORABLE JOE M. FLORES HONORABLE JOSEPH PALACIOS |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 COMMISSIONER, PRECINCT NO. 3 COMMISSIONER, PRECINCT NO. 4 |
and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:
 |
AGENDA DRAINAGE DISTRICT BOARD OF DIRECTORS January 24, 2017 9:00 A.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Drainage District #1 Board of Directors will be held at the Edinburg Council Chambers 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:
1.
Roll Call
Board Member Joe M. Flores was not present during roll call.
Board Member Joe M. Flores was not present during roll call.
2.
Prayer
Raul Sesin led the courtroom in Prayer.
Raul Sesin led the courtroom in Prayer.
3.
Open Forum
1) Eva Garcia member of LUPE and ARISE stated the support by the organizations to implement the 25 year drainage standard requirement. Additionally, suggesting to require all subdivision to have the appropriate infrastructure for public lighting before selling.
1) Eva Garcia member of LUPE and ARISE stated the support by the organizations to implement the 25 year drainage standard requirement. Additionally, suggesting to require all subdivision to have the appropriate infrastructure for public lighting before selling.
Attachments:
4.
Approval of Consent Agenda
No concerns presented, the board approved the entire consent agenda.
No concerns presented, the board approved the entire consent agenda.
5.
AI -58154
Discussion on Hidalgo County Drainage District No. 1 projects, maintenance and operations:
A.) Pct. 1 - Indian Hills Subdivision
Raul Sesin informed that this was one of the subdivisions that received FEMA money, the money paid for all the reconstruction inside the subdivision. Sesin commented that when the new commissioner came aboard the project was about to be awarded. The roads are tearing up because of drainage issues. Sesin commented they have an interlocal with the Irrigation District #9, they also met with precinct 1 to mobilize and clean the perimeter. The drainage director expressed hope that once the perimeter is cleaned up, the pavement will come hand-in-hand and better serve that rural area. He anticipates their side of the work will take about 60 to 90 days.
Board Member Joe M. Flores joined the meeting and Board Member Joseph Palacios stepped away from the meeting.
B.) Inter Local Agreements with Irrigation Districts
As previously mentioned, the district has interlocals with the Irrigation District #9 and Irrigation District #1 and are developing some interlocals with Irrigation District #2 and Delta Lake and Santa Cruz. Sesin said they are hopeful they'll take over some of the irrigation ditches because the district has the equipment and man power to sustain the cleaning. Last year the district was able to clean about 40 miles of the irrigation ditches.
Board Member Joseph Palacios joined the meeting.
A.) Pct. 1 - Indian Hills Subdivision
Raul Sesin informed that this was one of the subdivisions that received FEMA money, the money paid for all the reconstruction inside the subdivision. Sesin commented that when the new commissioner came aboard the project was about to be awarded. The roads are tearing up because of drainage issues. Sesin commented they have an interlocal with the Irrigation District #9, they also met with precinct 1 to mobilize and clean the perimeter. The drainage director expressed hope that once the perimeter is cleaned up, the pavement will come hand-in-hand and better serve that rural area. He anticipates their side of the work will take about 60 to 90 days.
Board Member Joe M. Flores joined the meeting and Board Member Joseph Palacios stepped away from the meeting.
B.) Inter Local Agreements with Irrigation Districts
As previously mentioned, the district has interlocals with the Irrigation District #9 and Irrigation District #1 and are developing some interlocals with Irrigation District #2 and Delta Lake and Santa Cruz. Sesin said they are hopeful they'll take over some of the irrigation ditches because the district has the equipment and man power to sustain the cleaning. Last year the district was able to clean about 40 miles of the irrigation ditches.
Board Member Joseph Palacios joined the meeting.
6.
AI -58125
Discussion, consideration and approval of Multi-Bank Securities, Inc. Resolution
Sesin informed they are following the action previously taken by county.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Sesin informed they are following the action previously taken by county.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
7.
AI -58056
A. Request approval to issue payment on award of special commissioners pertaining to condemnation proceedings for Cause No. CCD-0368-F; Parcel No. 10-Pct.2 Linear Park Project.
B. Approval to issue payment for three (3) Special Commissioners fees related to Cause No. CCD-0368-F as noted on Item no. 1
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval on A and B.
Vote: 5 - 0 -Unanimously
B. Approval to issue payment for three (3) Special Commissioners fees related to Cause No. CCD-0368-F as noted on Item no. 1
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval on A and B.
Vote: 5 - 0 -Unanimously
Attachments:
8.
AI -58088
A.) Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services.
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
B.) Presentation of scoring grid (for the purposes of ranking by HCDD1 Board of Directors) of the firms graded and evaluated through the District's approved "Pool" of Engineering Firms for the provision of "Construction Material Testing" for Penitas Pump House Project.
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
B.) Presentation of scoring grid (for the purposes of ranking by HCDD1 Board of Directors) of the firms graded and evaluated through the District's approved "Pool" of Engineering Firms for the provision of "Construction Material Testing" for Penitas Pump House Project.
| FIRM NAME: | SCORE: | RANK: |
| B2Z Engineering | 92 | 3 |
| L&G Engineering | 99 | 1 |
| Terracon Consultants, Inc. | 94 | 2 |
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
C.) Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate Professional Engineering Services Agreement with the number one ranked firm of L & G Engineering, for the provisions of Construction Materials Services for Penitas Pump House Project.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Raul Sesin informed that this is for the Peñitas pump house in precinct 3, they were able to get an agreement with the IBWC to fund construction of the pump house.
Vote: 5 - 0 -Unanimously
C.) Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate Professional Engineering Services Agreement with the number one ranked firm of L & G Engineering, for the provisions of Construction Materials Services for Penitas Pump House Project.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Raul Sesin informed that this is for the Peñitas pump house in precinct 3, they were able to get an agreement with the IBWC to fund construction of the pump house.
9.
AI -58142
2013 Bonds
Budget: 365-Rural Drainage Development Pct.4
Request approval to issue payment on the following items:
A.-Application for payment No. 8 in the amount of $72,108.90 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-15-009-07-22A-Hidalgo County Pct.4 Hoehn Road Area Drainage & Road Improvement.
B.-Application for payment No. 9 in the amount of $8,820.00 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-15-009-07-22A-Hidalgo County Pct.4 Hoehn Road Area Drainage & Road Improvement.
C.-Application for payment No. 10 in the amount of $31,067.10 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-15-009-07-22A-Hidalgo County Pct.4 Hoehn Road Area Drainage & Road Improvement.
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER R PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval on A to C.
Vote: 5 - 0 – Unanimously
Budget: 365-Rural Drainage Development Pct.4
Request approval to issue payment on the following items:
A.-Application for payment No. 8 in the amount of $72,108.90 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-15-009-07-22A-Hidalgo County Pct.4 Hoehn Road Area Drainage & Road Improvement.
B.-Application for payment No. 9 in the amount of $8,820.00 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-15-009-07-22A-Hidalgo County Pct.4 Hoehn Road Area Drainage & Road Improvement.
C.-Application for payment No. 10 in the amount of $31,067.10 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-15-009-07-22A-Hidalgo County Pct.4 Hoehn Road Area Drainage & Road Improvement.
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER R PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval on A to C.
Vote: 5 - 0 – Unanimously
Attachments:
10.
AI -58186
Requesting authority to advertise and approval of procurement packet (i.e., legal notice, specifications, draft contract etc.,) as attached hereto for: Hidalgo County Drainage District No. 1 - "Lease of Land for the Purpose of Farming”- RFB No.HCDD1-17-006-02-15, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required.
Property owned at the end of Sibolo Rd. in the past they have gone out for this type of farming operations. The land is 178.72 acres that will be place under farming lease.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Property owned at the end of Sibolo Rd. in the past they have gone out for this type of farming operations. The land is 178.72 acres that will be place under farming lease.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
11.
AI -58178
CLAIM
Request approval to issue payment as claim for Invoice No. 9607 in the amount of $11,405.00 for engineering services performed by Quintanilla Headley & Associates pertaining to South Main Drain & SH 107-Sunflower Road Drain Project.
Raul Sesin notified that they hired Mr. Quintanilla because they do not have a licensed surveyor.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Request approval to issue payment as claim for Invoice No. 9607 in the amount of $11,405.00 for engineering services performed by Quintanilla Headley & Associates pertaining to South Main Drain & SH 107-Sunflower Road Drain Project.
Raul Sesin notified that they hired Mr. Quintanilla because they do not have a licensed surveyor.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
12.
AI -58176
Action for Hidalgo County Drainage District No.1 to exercise the issuance of written Notice of Termination to Texas Cordia Construction, LLC as provided in the Agreement, more specifically under the General Conditions 15.03 A and thus agree that only services/materials provided and expenses incurred prior the date of termination will be due and payable.
No action taken on this item.
No action taken on this item.
13.
AI -58158
Requesting approval of Inter Local Agreement by and between Hidalgo County Drainage District No.1 and City of Edinburg, Texas as it relates to Jackson Drain Ditch Improvements.
The drainage director noted that apparently the ditch is under the district's name. Currently, they are working with legal to solve the issue and will clean the ditch for the city then turn it over to them for maintenance.
Sesin recommended approval subject final legal review.
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval subject to final legal review.
Vote: 5 - 0 – Unanimously
The drainage director noted that apparently the ditch is under the district's name. Currently, they are working with legal to solve the issue and will clean the ditch for the city then turn it over to them for maintenance.
Sesin recommended approval subject final legal review.
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval subject to final legal review.
Vote: 5 - 0 – Unanimously
Attachments:
14.
AI -58152
Approval of Change Order No. 3 in connection with "Pct.4 Hoehn Road and Drainage Improvement" project (C# HCDD1-15-009-07-22A) reflecting a credit in the amount of ($82,331.00) from contracted vendor, Texas Cordia Construction, LLC, and as recommended by project engineer, DOS Logistics, Inc., subject to compliance with HB1295 if and when applicable; with authority to execute document.
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
15.
AI -58145
Requesting approval of Right of Entry request from TxDot: Goodwin Lot 43 & West Sharyland Lot 41-1.
Sesin requested for authorization to execute.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Sesin requested for authorization to execute.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
16.
AI -58150
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 process or monopolies" in connection with ESRI Products, Software Maintenance, Technical Support, and Software Updates/Upgrades with Environmental Systems Research Institute, Inc. (ESRI).
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
B.) Approval of "Sole Source Declaration" for ESRI Products, Software Maintenance, Technical Support, and Software Updates/Upgrades with authority to purchase one ArcGIS Desktop Advanced Single Use License Agreement with Environmental Systems Research Institute, Inc. (ESRI) in the total amount of $9,900.00 with authority to execute document.
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
B.) Approval of "Sole Source Declaration" for ESRI Products, Software Maintenance, Technical Support, and Software Updates/Upgrades with authority to purchase one ArcGIS Desktop Advanced Single Use License Agreement with Environmental Systems Research Institute, Inc. (ESRI) in the total amount of $9,900.00 with authority to execute document.
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
17.
AI -58147
Requesting approval of First Amendment to Inter Local Agreement by and between Hidalgo County Drainage District No.1 and Hidalgo County Urban County Program as it relates to Alberta Drain Project.
Raul Sesin mentioned that this is with final review by legal. This is a change order in the amount of $142,561 the original agreement has a fixed amount and needs to be amended to this new amount.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Raul Sesin mentioned that this is with final review by legal. This is a change order in the amount of $142,561 the original agreement has a fixed amount and needs to be amended to this new amount.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
18.
AI -58146
Requesting approval to pay amount for taking of real property for Cause No. CCD-0368-F, Parcel 10, Pct. 2 Fee Simple Project.
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
19.
Closed Session:
Board of Directors may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
No action taken on this item.
Board of Directors may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
No action taken on this item.
A.
Real Estate Acquisition
No action taken on this item.
No action taken on this item.
B.
Pending and/or Potential Litigation
No action taken on this item.
No action taken on this item.
20.
Open Session:
A.
Real Estate Acquisition
No action taken on this item.
No action taken on this item.
B.
Pending and/or Potential Litigation
No action taken on this item.
No action taken on this item.
21.
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
No action taken on this item.
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
No action taken on this item.
22.
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
No action taken on this item.
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
No action taken on this item.
23.
Adjourn
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
There being no further business to come before said
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 24th day of January, 2017
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Norma G. Cantu, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on January 24, 2017.
Signed this 24th day of JANUARY 2017
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 24th day of January, 2017
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Norma G. Cantu, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on January 24, 2017.
Signed this 24th day of JANUARY 2017
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy