SPECIAL MEETING - September 4, 2018
BE IT REMEMBERED, that on this 4th day of September 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 September 4, 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 9:36 a.m.
All members of the court were present during roll call.
Chairman Ramon Garcia called the meeting to order at 9:36 a.m.
All members of the court were present during roll call.
2.
Prayer
Opening prayer offered by Fern McClaugherty.
Opening prayer offered by Fern McClaugherty.
3.
Open Forum
Board Member Palacios stepped away from the meeting.
- Virginia Townsend claimed that based on previous comments from members of (LUPE), people won't be able to afford a high fee for trash collection and will resort to illegal dumping.
Board Member Palacios stepped away from the meeting.
- Fern McClaugherty restated concerns regarding the solid waste program. Additionally, she claim that having one sole company will increase prices. Moreover, she advised that due to the delay in open forum under regular court, she and others will be signing to speak under drainage district.
- Joe Rodriguez stressed the constant illegal dumping mostly in precinct 1 and precinct 4. He also claimed that having one sole solid waste provider will increase prices.
Attachments:
4.
Approval of Consent Agenda
The board moved to approve the entire consent agenda.
The board moved to approve the entire consent agenda.
5.
AI -66440
Public Hearing to discuss Proposed 2018 Tax Rate Increase
Raul Sesin informed that although the tax rate is staying the same at $0.0951 two public hearings must be conducted because of the difference in the effective rate and the actual rate itself.
Pablo "Paul" Villarreal, Jr, Hidalgo County Tax-Assessor and Collector informed that in every entity if they go above the effective tax rate they must have public hearings.
The chairman closed the public hearing.
Fern McClaugherty questioned how the tax rate will work with the bond issuance.
Sesin made clear that based on the existing debt that the district has, together the revenue they are generating, if they were to call a bond election for approximately $40 million they could do it without impacting the current debt service. However, as previously discussed, the need is much grater than $40 million and therefore they propose $190 million which in essence will necessitate the additional $0.3 to raise the $150 million plus the $40 million. If the bond passes in November, they'll look at how the debt will be structure and the impact could be gradual.
The chairman closed the public hearing.
Second public hearing scheduled for September 18, 2018.
Raul Sesin informed that although the tax rate is staying the same at $0.0951 two public hearings must be conducted because of the difference in the effective rate and the actual rate itself.
Pablo "Paul" Villarreal, Jr, Hidalgo County Tax-Assessor and Collector informed that in every entity if they go above the effective tax rate they must have public hearings.
The chairman closed the public hearing.
Fern McClaugherty questioned how the tax rate will work with the bond issuance.
Sesin made clear that based on the existing debt that the district has, together the revenue they are generating, if they were to call a bond election for approximately $40 million they could do it without impacting the current debt service. However, as previously discussed, the need is much grater than $40 million and therefore they propose $190 million which in essence will necessitate the additional $0.3 to raise the $150 million plus the $40 million. If the bond passes in November, they'll look at how the debt will be structure and the impact could be gradual.
The chairman closed the public hearing.
Second public hearing scheduled for September 18, 2018.
Attachments:
6.
AI -66441
Legal Representation for Hidalgo County Drainage District No. 1.
A. Request approval to issue 30-day written notice to terminate the legal of engagement for legal services between Atlas, Hall and Rodriguez and Hidalgo County Drainage District No. 1.
Board Member Palacios joined the meeting.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
B. Requesting exemption from competitive bidding requirements under Texas Local Govt. Code 262.024 (a) (4), a professional service in connection with Legal representation services for Hidalgo County Drainage District No. 1.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
C. Selection of the Law Firm of Jones, Galligan, Key & Lozano, L.L.P. for Hidalgo County Drainage District No. 1 in connection with legal services with authority to negotiate letter of engagement and authorize Raul Sesin, General Manager to sign.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Board Member Eduardo Cantu informed that the purpose for this action is to have a permanent and separate council for the drainage district.
A. Request approval to issue 30-day written notice to terminate the legal of engagement for legal services between Atlas, Hall and Rodriguez and Hidalgo County Drainage District No. 1.
Board Member Palacios joined the meeting.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
B. Requesting exemption from competitive bidding requirements under Texas Local Govt. Code 262.024 (a) (4), a professional service in connection with Legal representation services for Hidalgo County Drainage District No. 1.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
C. Selection of the Law Firm of Jones, Galligan, Key & Lozano, L.L.P. for Hidalgo County Drainage District No. 1 in connection with legal services with authority to negotiate letter of engagement and authorize Raul Sesin, General Manager to sign.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Board Member Eduardo Cantu informed that the purpose for this action is to have a permanent and separate council for the drainage district.
7.
AI -66442
Requesting approval and concurrence of proposed Plans Hike and Bike Trail Regional Linear Park (Section 2) CSJ: 0921-02-409 submitted by TxDot and approval for Drainage District General Manager to execute.
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
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
Attachments:
8.
AI -66443
Requesting approval of Change Order No. 1 reflecting an increase in the amount of $60,000.00 and ten (10) additional calendar days, in connection with contract No. C-HCDD1-18-002-05-22 -Hidalgo County Drainage District No. 1 "New Administration Building" with Bullard Construction, Inc., as recommended by project engineer Halff Associates, and approved by HCDD1 General Manager, Mr. Raul E. Sesin, P.E., CFM, subject to compliance with HB1295 when and if applicable.
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
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:
9.
AI -66445
Request approval to issue payment after review and compliance of contract terms & conditions:CIP 2013 Bonds
Budget: 300 J-09 Drain
A. Application for Payment No. 1 in the amount of $38,888.64 from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-18-020-05-08 J-09 Phase III-Drainage Improvements.
Project Engineer: Roberto Fina, P.E.-Tedsi Infrastructure Group
PO#634761
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
CIP 2013 Bonds
Budget: 365-Rural Drainage Development Pct.2
B. Application for Payment No. 1 in the amount of $44,799.61 from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-17-007-04-18 Minnesota-Cesar Chavez Drainage Improvement.
Project Engineer: Eulalio Ramirez, P.E.-Quintanilla Headley & Associates
PO#631956-18
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
Budget: 300 J-09 Drain
A. Application for Payment No. 1 in the amount of $38,888.64 from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-18-020-05-08 J-09 Phase III-Drainage Improvements.
Project Engineer: Roberto Fina, P.E.-Tedsi Infrastructure Group
PO#634761
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
CIP 2013 Bonds
Budget: 365-Rural Drainage Development Pct.2
B. Application for Payment No. 1 in the amount of $44,799.61 from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-17-007-04-18 Minnesota-Cesar Chavez Drainage Improvement.
Project Engineer: Eulalio Ramirez, P.E.-Quintanilla Headley & Associates
PO#631956-18
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
10.
AI -66444
A). Requesting approval to exercise District’s Option to cancel Contract and Work Authorization #1 with L&G Consulting Engineers, Inc. related to the provision of Construction Materials Testing Services for the Peñitas Pump House Project (C-HCDD1-17-004-03-21).
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, 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. 1, DAVID FUENTES, 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 Construction Materials Testing Services for the "Peñitas 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
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 Raba Kistner, Inc. for the provision of Construction Materials Testing Services for the "Peñitas 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
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, 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. 1, DAVID FUENTES, 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 Construction Materials Testing Services for the "Peñitas Pump House Project".
| FIRM NAME | AVERAGE SCORE | RANK |
| PROFESSIONAL ENGINEERING SERVICES (PSI) | 95.66 | 2 |
| B2Z ENGINEERING | 92.33 | 3 |
| RABA KISTNER, INC. | 97.66 | 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 Raba Kistner, Inc. for the provision of Construction Materials Testing Services for the "Peñitas 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
Attachments:
11.
AI -66446
Requesting approval of Work Authorization No. 1 in the amount of $34,918.00, for the provision of Engineering Services related to Plans/Specifications/Estimates (PS&E), Design Surveying for "RCW Subdivision Drainage Improvements Project", subject to legal review and compliance to HB1295. (Contract # C-HCDD1-18-035-06-19- WA-1).
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
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.
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.
13.
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.
14.
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.
15.
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.
16.
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 4th day of September, 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 September 4, 2018.
Signed this 4th day of SEPTEMBER 2018
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 4th day of September, 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 September 4, 2018.
Signed this 4th day of SEPTEMBER 2018
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy