SPECIAL MEETING - April 23, 2019
BE IT REMEMBERED, that on this 23rd day of April 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 April 23, 2019 1:30 P.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 Richard Cortez called the meeting to order at 1:30 p.m.
Board Member Ellie Torres and Eduardo "Eddie" Cantu were not present during roll call.
Chairman Richard Cortez called the meeting to order at 1:30 p.m.
Board Member Ellie Torres and Eduardo "Eddie" Cantu were not present during roll call.
2.
Prayer
Opening prayer offered by Raul Sesin.
Board member Ellie Torres joined the meeting.
Opening prayer offered by Raul Sesin.
Board member Ellie Torres joined the meeting.
3.
Open Forum
Board member David Fuentes invited the community to a Grand Opening tomorrow at Mile 9 North of Weslaco and 1015 at Chapa Las Brisas.
Rosa Maria Valles, from Arise, gives thanks for the interpreting services during the drainage district meetings. She stated the service has facilitated the groups participation with the Board.
Yadira Gonzalez, constituent from Pct.1, also thanks the Board for the interpreting services during the Board meetings. She invites the board members to participate in the press conference after the meeting.
Maria Romero, constituent from Pct.4, thanks Board Member Ellie Torres and Raul Sesin for approving the drainage bond in her subdivision. She stated this bond will solve many problems currently in the subdivision.
Board member David Fuentes invited the community to a Grand Opening tomorrow at Mile 9 North of Weslaco and 1015 at Chapa Las Brisas.
Rosa Maria Valles, from Arise, gives thanks for the interpreting services during the drainage district meetings. She stated the service has facilitated the groups participation with the Board.
Yadira Gonzalez, constituent from Pct.1, also thanks the Board for the interpreting services during the Board meetings. She invites the board members to participate in the press conference after the meeting.
Maria Romero, constituent from Pct.4, thanks Board Member Ellie Torres and Raul Sesin for approving the drainage bond in her subdivision. She stated this bond will solve many problems currently in the subdivision.
Attachments:
4.
Approval of Consent Agenda
The court moved to approve the entire consent agenda.
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: 4 - 0 – Unanimously
The court moved to approve the entire consent agenda.
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: 4 - 0 – Unanimously
5.
General Operations:
A.
AI -70029
Approval of changes to existing Certificate of Substantial Completion and Certificate of Completion form to clarify items and add printed name and title of engineer and/or contractor.
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: 4 - 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: 4 - 0 - Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -70010
1.) Requesting approval of final negotiated Professional Services Agreement (subject to legal review) with Cruz-Hogan Consultants, Inc., as it relates to Professional Engineering Services related to the project: "Highway 281 & FM 88 -2018 Bond Referendum Project No. 14''. Approved for negotiations by HCDD1 Board of Directors on Agenda Item #68208 (12/18/18);
Grand Breaking tomorrow (04-24-19) at 10 a.m. in Chapa Las Brisas area Mile 9 North and 1015, everyone is welcome.
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: 4 - 0 - Unanimously
2.) Pursuant to the Board's Approval of Professional Agreement with Cruz-Hogan Consultants, Inc, requesting approval of Work Authorization No. 1 in the amount of $117,206.00, to provide Engineering Services for "Highway 281 & FM 88 -2018 Bond Referendum Project No. 14", subject to legal review and compliance to HB1295. (Contract # C-HCDD1-19-020-04-23 WA-1).
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: 4 - 0 - Unanimously
Grand Breaking tomorrow (04-24-19) at 10 a.m. in Chapa Las Brisas area Mile 9 North and 1015, everyone is welcome.
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: 4 - 0 - Unanimously
2.) Pursuant to the Board's Approval of Professional Agreement with Cruz-Hogan Consultants, Inc, requesting approval of Work Authorization No. 1 in the amount of $117,206.00, to provide Engineering Services for "Highway 281 & FM 88 -2018 Bond Referendum Project No. 14", subject to legal review and compliance to HB1295. (Contract # C-HCDD1-19-020-04-23 WA-1).
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: 4 - 0 - Unanimously
B.
AI -69905
1.) Requesting approval of final negotiated Professional Services Agreement (subject to legal review) with CSJ Group, as it relates to Professional Engineering Services for the project: "Mile 11 N & Texas Boulevard -2018 Bond Referendum Project No. 23''. Approved for negotiations by HCDD1 Board of Directors on Agenda Item #68360 (01/09/19);
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: 4 - 0 - Unanimously
2.) Pursuant to the Board's Approval of Professional Services Agreement with CSJ Group, requesting approval of Work Authorization No. 1 in the amount of $817,955.94, to provide Engineering Services for "Mile 11 N & Texas Boulevard -2018 Bond Referendum Project No. 23'', subject to legal review and compliance to HB1295. (Contract # C-HCDD1-19-023-04-23 WA-1).
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, 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. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
2.) Pursuant to the Board's Approval of Professional Services Agreement with CSJ Group, requesting approval of Work Authorization No. 1 in the amount of $817,955.94, to provide Engineering Services for "Mile 11 N & Texas Boulevard -2018 Bond Referendum Project No. 23'', subject to legal review and compliance to HB1295. (Contract # C-HCDD1-19-023-04-23 WA-1).
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
C.
AI -69906
1.) Requesting approval of final negotiated Professional Services Agreement (subject to legal review) with L&G Consulting Engineers, Inc. dba L&G Engineering, as it relates to Professional Engineering Services for the project: "Penitas Drain -2018 Bond Referendum Project No. 30''. Approved for negotiations by HCDD1 Board of Directors on Agenda Item #67940 (12/04/18);
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
2.) Pursuant to the Board's Approval of Professional Agreement with L&G Consulting Engineers, Inc. dba L&G Engineering, requesting approval of Work Authorization No. 1 in the amount of $351,195.50, to provide Engineering Services for "Penitas Drain -2018 Bond Referendum Project No. 30'', subject to legal review. (Contract # C-HCDD1-19-015-04-23 WA-1).
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: 4 - 0 - Unanimously
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
2.) Pursuant to the Board's Approval of Professional Agreement with L&G Consulting Engineers, Inc. dba L&G Engineering, requesting approval of Work Authorization No. 1 in the amount of $351,195.50, to provide Engineering Services for "Penitas Drain -2018 Bond Referendum Project No. 30'', subject to legal review. (Contract # C-HCDD1-19-015-04-23 WA-1).
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: 4 - 0 - Unanimously
D.
AI -69907
1.) Requesting approval of final negotiated Professional Services Agreement (subject to legal review) with L&G Consulting Engineers, Inc. dba L&G Engineering, as it relates to Professional Engineering Services for the project: "South Lateral Drain -2018 Bond Referendum Project No. 34''. Approved for negotiations by HCDD1 Board of Directors on Agenda Item #67940 (12/04/18);
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: 4 - 0 - Unanimously
2.) Pursuant to the Board's Approval of Professional Agreement with L&G Consulting Engineers, Inc. dba L&G Engineering, requesting approval of Work Authorization No. 1 in the amount of $908,116.00, to provide Engineering Services for "South Lateral Drain -2018 Bond Referendum Project No. 34'', subject to legal review. (Contract # C-HCDD1-19-011-04-23 WA-1).
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: 4 - 0 - Unanimously
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: 4 - 0 - Unanimously
2.) Pursuant to the Board's Approval of Professional Agreement with L&G Consulting Engineers, Inc. dba L&G Engineering, requesting approval of Work Authorization No. 1 in the amount of $908,116.00, to provide Engineering Services for "South Lateral Drain -2018 Bond Referendum Project No. 34'', subject to legal review. (Contract # C-HCDD1-19-011-04-23 WA-1).
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: 4 - 0 - Unanimously
E.
AI -69904
1.) Requesting approval of final negotiated Professional Services Agreement (subject to legal review) with Javier Hinojosa Engineering, as it relates to Professional Engineering Services for the project: "Mile 10 N & Mile 1 W -2018 Bond Referendum Project No. 21''. Approved for negotiations by HCDD1 Board of Directors on Agenda Item #68180 (12/18/18);
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: 4 - 0 - Unanimously
2.) Pursuant to the Board's Approval of Professional Services Agreement with Javier Hinojosa Engineering, requesting approval of Work Authorization No. 1 in the amount of $354,601.53, to provide Engineering Services for "Mile 10 N & Mile 1 W -2018 Bond Referendum Project No. 21'', subject to legal review and compliance to HB1295. (Contract # C-HCDD1-19-006-04-23 WA-1).
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: 4 - 0 - Unanimously
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: 4 - 0 - Unanimously
2.) Pursuant to the Board's Approval of Professional Services Agreement with Javier Hinojosa Engineering, requesting approval of Work Authorization No. 1 in the amount of $354,601.53, to provide Engineering Services for "Mile 10 N & Mile 1 W -2018 Bond Referendum Project No. 21'', subject to legal review and compliance to HB1295. (Contract # C-HCDD1-19-006-04-23 WA-1).
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: 4 - 0 - Unanimously
7.
2012 Bond Referendum-2013 Series:
A.
AI -70023
Approval to issue payment on the following item(s) proceeding review & compliance of contract terms & conditions:
CIP 133-2013 Bonds
Bdgt: 370- Pct1 Donna North Lateral Control Structure
Bdgt: 370-Pct2 FM 495 Drain Control Structure
Application for Payment No. 3 in the amount of $31,500.00 from Venser Contractors, LLC pertaining to Construction Contract No. HCDD1-18-049-09-19 FM 495 Drain Control Structure & Donna North Lateral Control Structure.
PO#636130
Project Engineer: Jose N. Saldivar, P.E.-Hidalgo County Drainage District No. 1
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: 4 - 0 - Unanimously
CIP 133-2013 Bonds
Bdgt: 370- Pct1 Donna North Lateral Control Structure
Bdgt: 370-Pct2 FM 495 Drain Control Structure
Application for Payment No. 3 in the amount of $31,500.00 from Venser Contractors, LLC pertaining to Construction Contract No. HCDD1-18-049-09-19 FM 495 Drain Control Structure & Donna North Lateral Control Structure.
PO#636130
Project Engineer: Jose N. Saldivar, P.E.-Hidalgo County Drainage District No. 1
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: 4 - 0 - Unanimously
Attachments:
8.
General Fund:
A.
AI -70032
110-General Fund - Budget 006-M&O
Approval to issue payment on the following item:
Invoice No. DD-06 in the amount of $121, 746.68 from Hidalgo County Precinct No. 1 for reimbursement of 1st Qtr Equipment Use Rental.
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Approval to issue payment on the following item:
Invoice No. DD-06 in the amount of $121, 746.68 from Hidalgo County Precinct No. 1 for reimbursement of 1st Qtr Equipment Use Rental.
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -70028
1. Request approval of a budget amendment to transfer out from General Fund 10 million into the 2018 Bond Program budget (capital project fund 134) as per the 2018 bond reimbursement resolution.
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: 4 - 0 - Unanimously
2. Request approval of a budget amendment to the District General Fund 2019 budget in the amount of 1,289,973 for open purchases orders at December 31, 2018.
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: 4 - 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: 4 - 0 - Unanimously
2. Request approval of a budget amendment to the District General Fund 2019 budget in the amount of 1,289,973 for open purchases orders at December 31, 2018.
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: 4 - 0 - Unanimously
Attachments:
C.
AI -69994
Request approval of S&B Infrastructure, Ltd.’s Work Authorization No. 22 in the amount of $372,000.00 for work associated with the continuance of General Contract Management (GCM) and related services for the development of the Master Drainage System Phase II involving the design and expansion of the Raymondville Drain Outfall System. Said Work Authorization will be issued out of Fund 130-Capital Projects Fund Budget 010 for Raymondville Drain.
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: 4 - 0 - Unanimously
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: 4 - 0 - Unanimously
9.
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
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.
10.
Open Session:
A.
Real Estate Acquisition
B.
Pending and/or Potential Litigation
11.
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
12.
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
13.
Adjourn
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: 4 - 0 - Unanimously
Chairman Richard Cortez adjourned the meeting at 1:50 p.m.
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: 4 - 0 - Unanimously
Chairman Richard Cortez adjourned the meeting at 1:50 p.m.
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 23rd day of April, 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 April 23, 2019.
Signed this 23rd day of April 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Melissa S. Montalvo, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 23rd day of April, 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 April 23, 2019.
Signed this 23rd day of April 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Melissa S. Montalvo, Deputy