SPECIAL MEETING - November 20, 2018
BE IT REMEMBERED, that on this 20th day of November 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 November 20, 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 9:28 a.m.
All members of the board attended the meeting.
Chairman Ramon Garcia called the meeting to order at 9:28 a.m.
All members of the board attended the meeting.
2.
Prayer
Opening prayer offered by Raul Sesin.
Opening prayer offered by Raul Sesin.
3.
Open Forum
Maria Jose Landeros representing ARISE presented a certification to Commissioner Palacios for his leadership and assistance to the organization during his years of service to the county.
Miriam Tavera said the neighborhood submitted a petition for public lighting back in June and they still have not received any response.
Maria Jose Landeros representing ARISE presented a certification to Commissioner Palacios for his leadership and assistance to the organization during his years of service to the county.
Miriam Tavera said the neighborhood submitted a petition for public lighting back in June and they still have not received any response.
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 -67693
Election Administration - Raul E. Sesin, P.E. C.F.M.
A. Discussion, consideration and action, but not limited to the following:
1. Canvassing and Election returns, of the November 06, 2018 Special Bond Election.
Raul Sesin reported that there were 129,361 votes cast and 87,242 votes were for the proposition and 42,119 votes against and 18,550 undervotes.
Honorable Palacios stepped away from the meeting.
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: 4 - 0 -Unanimously
A. Discussion, consideration and action, but not limited to the following:
1. Canvassing and Election returns, of the November 06, 2018 Special Bond Election.
Raul Sesin reported that there were 129,361 votes cast and 87,242 votes were for the proposition and 42,119 votes against and 18,550 undervotes.
Honorable Palacios stepped away from the meeting.
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: 4 - 0 -Unanimously
Attachments:
6.
AI -67732
Approval of the 2018 November General Elections Service Contract between Hidalgo County and Hidalgo County Drainage District No. 1 for the Hidalgo County Drainage District 2018 Bond Referendum election that was held on November 6, 2018. (Subject to Legal Review )
Sesin disclosed that Valde Guerra was working on the numbers. On that note, Guerra recommended the board approving the item subject to a final number.
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 subject to a final number.
Vote: 4 - 0 – Unanimously
Sesin disclosed that Valde Guerra was working on the numbers. On that note, Guerra recommended the board approving the item subject to a final number.
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 subject to a final number.
Vote: 4 - 0 – Unanimously
Attachments:
7.
AI -67708
Requesting approval of 2019 Holidays.
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: 4 - 0 -Unanimously
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: 4 - 0 -Unanimously
Attachments:
8.
AI -67598
Requesting approval of Change Order No. 5 reflecting an increase in the amount of $96,346.00, and 60 contract days, in connection with Contract No. C-HCDD1-18-003-02-06 -Hidalgo County Drainage District No. 1 "Alamo Lateral & Cesar Chavez Drain Phase II Improvements (North of Canton Crossing, Canton Crossing, Alberta Crossing & Tower Crossing" with Venser Contractors, LLC, as recommended by HCDD1 Engineer, Mr Noe Saldivar, P.E., and approved by Mr. Raul E. Sesin, P.E., CFM. HCDD1 General Manager.
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: 4 - 0 – Unanimously
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: 4 - 0 – Unanimously
9.
AI -67623
CIP 133-2012 Bonds
Bdgt: 300-J09 Drain
A. Application for payment No. 3 in the amount of $75,208.50 from Rigney Construction, LLC pertaining to Construction Contract No. HCDD1-18-015-03-28-J09 Drain Improvements Phase 2-Roadway & Field Crossings.
Project Engineer: Robert Fina, P.E.-Tedsi Infrastructure Group
PO#634435
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: 4 - 0 – Unanimously
Honorable Palacios joined the meeting.
Member of La Union Del Pueblo Entero asked the board to provide the Spanish speaking audience translation.
Bdgt: 300-J09 Drain
A. Application for payment No. 3 in the amount of $75,208.50 from Rigney Construction, LLC pertaining to Construction Contract No. HCDD1-18-015-03-28-J09 Drain Improvements Phase 2-Roadway & Field Crossings.
Project Engineer: Robert Fina, P.E.-Tedsi Infrastructure Group
PO#634435
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: 4 - 0 – Unanimously
Honorable Palacios joined the meeting.
Member of La Union Del Pueblo Entero asked the board to provide the Spanish speaking audience translation.
Attachments:
10.
AI -67628
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
CIP 133
Budget: 365 Rural Drainage Development Pct.2
A. Application for Payment No. 3 in the amount of $88,529.14 from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-17-007-04-18-Minnesota -Cesar Chavez Drainage Improvements.
Project Engineer: Eulalio Ramirez, P.E. -Quintanilla Headley & Associates
PO#631956-18
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
CIP 133
Budget: 365 Rural Drainage Development Pct.2
A. Application for Payment No. 3 in the amount of $88,529.14 from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-17-007-04-18-Minnesota -Cesar Chavez Drainage Improvements.
Project Engineer: Eulalio Ramirez, P.E. -Quintanilla Headley & Associates
PO#631956-18
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
Attachments:
11.
AI -67615
Requesting approval to accept bids and approval to execute Requirements Agreements with multiple vendors submitting the lowest and best bid meeting all specified requirements for RFB No.HCDD1-18-053-10-10 "Inlet, Manholes, and Related Items", subject to legal review and compliance to HB1295
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
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
Attachments:
12.
AI -67608
For Recording Purposes Only:
General Fund 110
Budget: 006-M&O
A. Acceptance of Certificate of Substantial Completion and Certificate of Substantial Completion from Mor-Wil, LLC pertaining Construction Contract No. HCDD1-17-022-05-16-Schunior Drain Ditch Improvements-FM 1423 (Val Verde Road)
Project Engineer: Jose Noe Saldivar, P.E.-Drainage District No. 1
PO#632363
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
General Fund 110
Budget: 006-M&O
A. Acceptance of Certificate of Substantial Completion and Certificate of Substantial Completion from Mor-Wil, LLC pertaining Construction Contract No. HCDD1-17-022-05-16-Schunior Drain Ditch Improvements-FM 1423 (Val Verde Road)
Project Engineer: Jose Noe Saldivar, P.E.-Drainage District No. 1
PO#632363
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
Attachments:
13.
AI -67236
Requesting approval to complete and submit a credit application and agreement, as required by vendor, Northern Tool & Equipment/BlueTarp Financial, Inc., to stablish a District account for the purchase of hardware, tools and equipment, with authority for General Manager to sign credit application.
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
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
Attachments:
14.
AI -67420
Requesting authority to advertise and approval of procurement packet (i.e., legal notice,specifications, bid page, etc.,) as attached hereto for: Hidalgo County Drainage District No. 1 "Purchase of One (1) Cast Iron Sluice Gate", RFB No. HCDD1-18-058-12-12, including the re-advertisement of project in the event bids are rejected or no bids are received & 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
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
Attachments:
15.
AI -67559
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 "Sale and Removal of Fill Dirt -Located at Delta Watershed", RFB No. HCDD1-18-064-12-12, including the re-advertisement of project in the event bids are rejected or no bids are received & 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
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
Attachments:
16.
AI -67727
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
CP 130
Budget: 005 New Administration Bldg
A. Application for Payment No. B1061-06 in the amount of $395,827.16 from Bullard Construction, Inc. pertaining to Construction Contract No. HCDD1-18-002-05-22.
Project Engineer: Halff and Associates Engineering
PO#634554
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
CP 130
Budget: 005 New Administration Bldg
A. Application for Payment No. B1061-06 in the amount of $395,827.16 from Bullard Construction, Inc. pertaining to Construction Contract No. HCDD1-18-002-05-22.
Project Engineer: Halff and Associates Engineering
PO#634554
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
Attachments:
17.
AI -67741
Requesting authority to advertise and approval of RFQ packet (i.e., legal notice, requirements, evaluation criteria, etc.,) as attached hereto for: Hidalgo County Drainage District No. 1 "Independent Financial Audit Services", RFQ No. HCDD1-19-001-12-12, including the re-advertisement of RFQ in the event SOQ's are rejected or no responses are received and services are 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
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
Attachments:
18.
AI -67754
Requesting approval of Maintenance Agreement with Hidalgo County Drainage District No. 1 and TxDot as it relates to the Alamo Expressway Ditch.
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:
19.
AI -67759
Requesting approval of Right of Entry with Luis Reyes III & Edith C. Reyes as it relates to the Pleasant view Dr drainage improvements and authority of the Chairman of the board to execute documents.
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
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
Attachments:
20.
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
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.
No action taken on this item.
B.
Pending or contemplated litigation; a settlement offer; and/or a matter in which the duty of the attorney to the Hidalgo County Drainage District No. 1 under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code.
No action taken on this item.
No action taken on this item.
C.
AI -67773
Cause No. CCD-0457-A; City of Pharr v. Rafael Martinez, et al
No action taken on this item.
No action taken on this item.
21.
Open Session:
Honorable Fuentes did not returned from closed session.
Honorable Fuentes did not returned from closed session.
A.
Real Estate Acquisition
Proceed as Directed.
Proceed as Directed.
B.
Pending and/or Potential Litigation
No action taken on this item.
No action taken on this item.
C.
AI -67772
Cause No. CCD-0457-A; City of Pharr v. Rafael Martinez, et al
No action taken on this item.
No action taken on this item.
22.
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.
23.
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.
24.
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: 4 - 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: 4 - 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 20th day of November, 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 November 20, 2018.
Signed this 20th day of NOVEMBER 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 20th day of November, 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 November 20, 2018.
Signed this 20th day of NOVEMBER 2018
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy