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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - August 28, 2018

BE IT REMEMBERED, that on this 28th day of August A.D., 2018, 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
August 28, 2018
9:00 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 in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

 
1.
 
Roll Call

Chairman Ramon Garcia called the meeting to order at 9:35 a.m.

Board Member Eduardo "Eddie" Cantu was not present during roll call.
 
2.
 
Prayer

Opening prayer offered by Raul Sesin.
 
3.
 
Open Forum
  • Azeneth Lugo from LUPE organization and resident of El Dora Subdivision nformed Chairman Fuentes that a petition was signed requesting public lighting. According to Lugo, the subdivision already has the proper infrastructure for light service.
  • Ema Alaniz voiced concerns over essential services such as drainage and public lighting. Additionally, she asked the board to consider the smaller solid waste companies in providing trash service to the county.
  • Virginia Townsend acknowledged that people from LUPE also share the same concerns regarding the solid waste program.
  • Fern McClaugherty noted she'll be signing for open forum during drainage district due to the delay in regular commissioners court meeting. Further, she claimed that the solid waste program will make matters worse for drainage and the entire county. According to McClaugherty, issues will rise because people are not going to be able to pay for trash service. Moreover claiming this action is going monopolize a specific company.
  • Paula Villanueva owner of All Valley Waste, said the company has been in business for over 15 years and asked the court to keep transfer stations open. Additionally, she claimed that some households live in a month to month income and some families won't be able afford the new fee and will opt towards illegal dumping.
  • Joe Rodriguez argued that the solid waste program the county is trying to implement will affect drainage. He also questioned the usage of the landfill located in the Macook area. Moreover, Rodriguez continued to claim that there is no transparency in precinct 4.
  • Teresa Azuara petitioned the board not to privatize trash pickup in the county as this will affect those who can't afford it.
  • Cary Zayas spoke on behalf of City of Edinburg Mayor Richard Molina, voicing concerns over the potential selection to have one single waste collection company. She claimed that this will affect the collection of brush, trash and tire collection. Zayas claimed that this plan will take away the residents ability to make a chose based on their needs.
Attachments:
 
4.
 
Approval of Consent Agenda

The board moved to approve the entire consent agenda.
 
5.
AI -66316
Discussion and action as it relates to Hidalgo County Drainage District No.1 Drainage Advisory Committee Appointees.

Raul Sesin informed that they are adding two more appointees:
Chairman Ramon Garcia appointee: Martha Sanchez
Precinct 2 Commissioner Eduardo "Eddie" Olivarez appointee: Hilda Salinas 

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
 
6.
AI -66327
Authority to advertise and approval of plans and specifications developed by Noe Saldivar, PE, HCDD1 Engineer II, for: Hidalgo County Drainage District No. 1 -"Alamo Expressway Drain” -RFB No. HCDD1-18-047-09-19, including the re-advertising of projects in the event no Bid responses are received and/or are rejected and project is still required.

On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

 Vote: 5 - 0 - Unanimously
 
7.
AI -66331
Authority to advertise and approval of plans and specifications developed by Noe Saldivar, PE, HCDD1 Engineer II, for: Hidalgo County Drainage District No. 1 -"Jackson Drain Improvements” -RFB No. HCDD1-18-048-09-19, including the re-advertising of projects in the event no Bid responses are received and/or are rejected and project is still required.

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
 
8.
AI -66276
A) Requesting approval of closing documents for Parcel 1 Part 1 as it relates to Delta Panchita Reservoir project and authority for the Chairman of the Board to execute documents, pending 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.

Vote: 5 - 0 – Unanimously

B) Requesting approval of closing documents for Parcel 1 Part 2 as it relates to Delta Panchita Reservoir project and authority for the Chairman of the Board to execute documents, pending final legal review.

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
 
9.
AI -66301
A) Requesting Approval of Right of Entry request from RJ Rivera Associates Inc and authorization for Drainage District General Manager to execute as it relates to TxDot SH 68 Project, Parcel #42A

B) Requesting Approval of Right of Entry request from RJ Rivera Associates Inc and authorization for Drainage District General Manager to execute as it relates to TxDot SH 68 Project, Parcel #202

C) Requesting Approval of Right of Entry request from RJ Rivera Associates Inc and authorization for Drainage District General Manager to execute as it relates to TxDot SH 68 Project, Parcel #86

D) Requesting Approval of Right of Entry request from RJ Rivera Associates Inc and authorization for Drainage District General Manager to execute as it relates to TxDot SH 68 Project, Parcel #38


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 A to D.
                                                                              
 Vote: 5 - 0 – Unanimously
 
10.
AI -66332
Authority to advertise and approval of plans and specifications developed by TEDSI Infrastructure Group and carried by Noe Saldivar, PE, HCDD1 Engineer II, for: Hidalgo County Drainage District No. 1 -"Drainage Improvements Project:  FM 495 Drain Control Structure and Donna North Lateral Control Structure” -RFB No. HCDD1-18-049-09-19, including the re-advertising of projects in the event no Bid responses are received and/or are rejected and project is still required.

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
 
11.
AI -66312
Requesting approval of closing documents for Parcel 16 as it relates to Pct. 2 Fee Simple Project and authority for the Chairman of the Board to execute documents, pending final legal review.

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:
 
12.
AI -66354
In accordance with Texas Government Code 791.014, requesting approval of Inter-Local Agreement by and between Hidalgo County Drainage District No. 1 and Hidalgo County Urban County Program as it relates to Trenton Drain Phase II and Phase III.  (Subject to final legal review)

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:
 
13.
AI -66336
A).  Requesting approval to rescind action taken by the Board on March 21st, 2017, Regular Agenda Item #59052, for the Selection/Ranking and Authority to Negotiate with the #1 firm selected, Strada Engineering and Consulting, LLC, for the provisions of Professional Engineering Services for: "Precinct No. 1 Bond Drainage Projects "

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

B).  Request exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services.

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

C).  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 Professional Engineering Services for "Precinct No. 1 Drainage Improvements Projects".
FIRM NAME: SCORE: RANK:
Javier Hinojosa Engineering 92 3
Melden & Hunt, Inc. 94.3 2
Alpha Infrastructure Engineering, PLLC 95.6 1

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

D).  Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Professional Engineering Services Agreement with the number one ranked firm of Alpha Infrastructure Engineering, PLLC. for the provisions of Professional Engineering Services for "Precinct No. 1 Drainage Improvements Projects".

On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

 Vote: 5 - 0 - Unanimously
 
14.
 
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:

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
 
A.
 
Real Estate Acquisition

No action taken on this item.
 
B.
 
Pending and/or Potential Litigation

No action taken on this item.
 
C.
AI -66355
Cause No. C-0373-17-E; Hidalgo County Drainage District No. 1 v. Integ Corporation, et al

No action taken on this item.
 
15.
 
Open Session:
 
A.
 
Real Estate Acquisition

Proceed as Directed.
 
B.
 
Pending and/or Potential Litigation

No action taken on this item.
 
C.
AI -66356
Cause No. C-0373-17-E; Hidalgo County Drainage District No. 1 v. Integ Corporation, et al

Proceed as Directed.
 
16.
 
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed.

No action taken on this item.
 
17.
 
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
18.
 
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
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 28th day of August, 2018

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 August 28, 2018.

Signed this 28th day of AUGUST 2018




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County


By: ____________________________
(Seal) Norma G. Cantu, Deputy