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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - February 12, 2019

BE IT REMEMBERED, that on this 12th day of February A.D., 2019, 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 RICHARD F. CORTEZ

HONORABLE DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE JOE M. FLORES

HONORABLE ELLIE TORRES
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
February 12, 2019
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 Cortez called the meeting to order at 9:31. All board members were present during roll call.
 
2.
 
Prayer

Opening prayer offered by Raul Sesin.
 
3.
 
Open Forum

Martha Sanchez, from La Union del Pueblo Entero, thanked board member Ellie Torres for meeting with residents of Precinct 4 to discuss drainage, lighting and other issues that concerned the community. Ms. Sanchez gave the commissioners a pamphlet on the story of Sonido Del Agua project. She also invited board members to a march in honor of Cesar Chavez on March 30.
Attachments:
 
4.
 
Approval of Consent Agenda

The board moved to approve the entire consent agenda.
 
5.
 
2018 Bond Referendum Projects:
 
A.
AI -68911
Discussion and update on 2018 Bond Referendum Projects.

No action taken on this item. 
 
B.
AI -68878
1. Request approval to create four (4) Temporary Maintenance I positions not to exceed 880 working hours and set hourly rate at $13.27.

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

2. Approval of Budget Amendment to fund new positions as noted in item A in the amount of $53,091.04.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
 
3. Approval of revised Salary Schedule

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
Attachments:
 
6.
 
General Operations Matters:
 
A.
AI -68855
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 North Main Drain 1 Extension)", RFB No. HCDD1-19-029-03-06, 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. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI -68927
Approval to issue payment on the following item:
1. Invoice No. PP22-23 2017 in the amount of $40,026.72 from Hidalgo County Precinct No. 4 for reimbursement of labor, machine hours and fuel related to the construction of the J-09 Project (Pay Periods 22 through 23 of 2017). 
Project Engineer: Tedsi Infrastructure Group

On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI -68787
Requesting authority to advertise and approval of Request for Qualifications (RFQ) packet (including qualifications, requirements, and scope of services) as attached hereto for "Hidalgo County Drainage District No. 1 Pool of Professional Services" for the following;
1. Surveying Services - RFQ No. HCDD1-19-026-03-06 
2. Real Estate Appraisal Services - RFQ No. HCDD1-19-027-03-06 

for selection of firms per project on an "as needed basis" through grading/scoring, ranking, negotiation protocol as established by the Hidalgo County Drainage District No. 1 Board of Directors.

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

Vote: 5 - 0 - Unanimously
Attachments:
 
D.
AI -68765
Approval and concurrence of the Plans of Proposed State Highway Improvements to SH107 (FM493 to US281) CSJ: 0342-01-074, with authority for the Drainage District General Manager to execute title sheets for this project.

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

Vote: 5 - 0 – Unanimously
Attachments:
 
E.
AI -68641
Acknowledgment of reimbursements received from Texas Division of Emergency Management (TDEM) for June 2015 rain event totaling $187,060.81.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
 
F.
AI -68908
Application for payment no. 5-Retainage  in the amount of $36,957.00 from Jimenez Engineering Solutions LLC D/B/A International Consulting Engineers pertaining Construction Contract No. HCDD1-18-027-06-05 -Curry Drain Ditch Improvements-Road Crossings (Alamo Road, Tower Rd, Sharp Rd. and 83St.)
Project Engineer: Jose Noe Saldivar, P.E-Hidalgo County Drainage District No. 1
PO#634762

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
Attachments:
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -68900
1.  Requesting approval of Change Order No. 3 in connection with the project -"Pharr-McAllen South Drain Outfall Improvements at USIBWC Main Floodway" (C-HCDD1-17-005-02-21)  reflecting an increase in the amount of $94,316.00 and additional three hundred and ninety-one (391) calendar days, from contracted vendor, Jimenez Engineering Solutions dba International Consulting Engineers (ICE), and as recommended by project engineer, S&B Infrastructure, LTD, with authority for General Manager, Mr. Raul E. Sesin, P.E., CFM, to execute document, subject to compliance with HB1295. 

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

2.  Request Approval of Budget Amendment in the amount of $37,000 from Capital Projects 2008 Bond Series unreserve fund balance the is required for the  above mention change order of the Pharr-McAllen South Drain Outfall Improvements.

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

Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI -68916
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
2013 Bonds CIP 133
Budget 315-Pharr-McAllen South Drain Outfall

A. Application for Payment No. 4 in the amount of $249,480.00 from Jimenez Engineering Solutions, LLC D/B/A International Consulting Engineers related to Construction Contract No. HCDD1-17-005-02-21-Pharr Mcallen South Drain Outfall Improvements. 
Project Engineer: Hector J. Lopez, P.E., S&B Infrastructure, LTD.
PO#631848

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
 
8.
 
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. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
 
A.
 
Real Estate Acquisition

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.
 
C.
AI -68935
Consultation with legal counsel regarding 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.
 A.  Settlement Agreement with S&B Infrastructure, Ltd.
 
9.
 
Open Session:
 
A.
 
Real Estate Acquisition

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

No action taken on this item.
 
C.
AI -68936
Discussion and possible action on matters discussed in closed meeting.

Approve Settlement Agreement with S &B Infrastructure, Ltd.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
 
10.
 
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
11.
 
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
12.
 
Adjourn

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
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 12th day of February, 2019

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Melissa S. Montalvo, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on February 12, 2019.

Signed this 12th day of February 2019




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


By: ____________________________
(Seal) Melissa S. Montalvo, Deputy