SPECIAL MEETING - May 7, 2019
BE IT REMEMBERED, that on this 7th day of May 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 May 7, 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 Richard Cortez called the meeting to order at 9:30 a.m.
Board Member Ellie Torres was not present for the meeting.
Chairman Richard Cortez called the meeting to order at 9:30 a.m.
Board Member Ellie Torres was not present for the meeting.
2.
Prayer
Opening prayer was offered by Raul Sesin.
Opening prayer was offered by Raul Sesin.
3.
Open Forum
Fern McClaugherty expressed concerns with rats at the Election Department building. She questions what is being done to rectify the situation.
Norma Aldape gives thanks to the Board for street repairs done to mile 13 1\2. She stated the repairs were very helpful for the colonia. She also wanted to remind the Board of on going repairs that are still pending.
Fern McClaugherty expressed concerns with rats at the Election Department building. She questions what is being done to rectify the situation.
Norma Aldape gives thanks to the Board for street repairs done to mile 13 1\2. She stated the repairs were very helpful for the colonia. She also wanted to remind the Board of on going repairs that are still pending.
Attachments:
4.
Approval of Consent Agenda
The court moved to approve the consent agenda with the exception of item 5. A., 5. B., 5 C. and 6 A.3. to be pulled for further discussion; items 5.A., 5.B., and 5.C to be discussed in Executive Session.
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
Legal Counsel suggested to move to Executive Session pending contemplating litigation legal advice on 5.A. 5.B. 5.C.
The Board moved to Agenda Item 8 Executive Session.
The court moved to approve the consent agenda with the exception of item 5. A., 5. B., 5 C. and 6 A.3. to be pulled for further discussion; items 5.A., 5.B., and 5.C to be discussed in Executive Session.
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
Legal Counsel suggested to move to Executive Session pending contemplating litigation legal advice on 5.A. 5.B. 5.C.
The Board moved to Agenda Item 8 Executive Session.
5.
General Operations:
A.
AI -70175
Requesting approval of final negotiated Professional Services Agreement No. C-HCDD1-19-033-05-07, with B2Z Engineering, LLC, as it relates to On-Call Professional Construction Materials Testing Services, on as needed basis for Hidalgo County Drainage District No.1 Projects (subject to Legal Review). Approved for negotiations by the HCDD1 Board of Directors on AI# 69119 (02/26/19).
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: 4 - 0 – Unanimously
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: 4 - 0 – Unanimously
Attachments:
B.
AI -70182
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 "Fuel -Gasoline and Diesel (On & Off Highway)", RFB No. HCDD1-19-048-05-29, 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: 4 - 0 – Unanimously
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: 4 - 0 – Unanimously
Attachments:
C.
AI -70213
Requesting approval to declare Surplus approximately 25,983 Cubic Yards of Fill Dirt located at "North Main Drain (Between Freddy Gonzalez and Hidalgo County Irrigation District No.1 main canal)" in as much as an attempt was made for the sale and removal through RFB# HCDD1-19-043-04-24, advertised for (2) weeks, and No Bids were received.
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
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
Attachments:
D.
AI -70151
Acceptance and approval of pre-qualified firms submitting "Statements of Qualifications" for the establishment of a "Pool" for engagement through statutory and local protocol (i.e. nomination, evaluation/grading/scoring, presentation to the Board for ranking, and authority for negotiations for final agreements, etc.) on an "As Needed Basis" per project by Hidalgo County Drainage District No. 1, requiring said services as set forth in the requirements stated in the Request for Qualifications packet for the following listed Professional Services:
1. Right of Way Acquisition Professional Services -Pool (RFQ No. HCDD1-19-024-03-20).
2. Right of Way Acquisition Professional Services -Pool Expansion (RFQ No. HCDD1-19-024A-04-17).
with effective date of "Approved Pools" for a period of one (1) year, commencing May 7, 2019
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
1. Right of Way Acquisition Professional Services -Pool (RFQ No. HCDD1-19-024-03-20).
2. Right of Way Acquisition Professional Services -Pool Expansion (RFQ No. HCDD1-19-024A-04-17).
with effective date of "Approved Pools" for a period of one (1) year, commencing May 7, 2019
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
6.
2018 Bond Referendum Projects:
A.
AI -70210
Requesting acceptance and approval of Work Authorization No. 2 in the amount of $2,500.00, as submitted by project engineer Quintanilla, Healey & Associates, Inc., in relation to professional engineering services for "Mile 10 N. & Baseline Rd.-2018 Bond Referendum Project No. 20'' awarded Contract No. C-HCDD1-19-021-03-26. (Subject to Legal Review and compliance to Form HB1295)
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
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
Attachments:
B.
AI -70222
Requesting approval to declare Surplus approximately 86,508 Cubic Yards of Fill Dirt located at "Mile 9 N. & FM 1015 -2018 Bond Referendum-Project# 24" in as much as an attempt was made for the sale and removal through RFB# HCDD1-19-044-05-01, advertised for (2) weeks, and No Bids were received.
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:
C.
AI -70171
Requesting authority to advertise and approval of procurement packet (i.e., legal notice,specifications, etc.,) as attached hereto for: Hidalgo County Drainage District No. 1“Purchase of Precast Culvert Boxes Size 12 x 8, for Hidalgo Drain-2018 Bond Referendum Project# 13”, RFB No. HCDD1-19-045-05-29, including the re-advertisement of project in the event bids are rejected or no bids are received & items 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: 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:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -70158
Requesting approval of Change Order No. 1 in connection with the project -"Jackson Drain Improvements", reflecting an increase in the amount of $60,284.51, and additional One Hundred and thrity-three (133) calendar days to contract (No. C-HCDD1-18-048-09-25) with Castle Enterprises, LLC, as recommended by project engineer, Noe Saldivar, P.E., 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. 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
Attachments:
B.
AI -70172
1. Requesting approval to accept bids and award a Construction Contract to lowest and best bidder meeting all specified requirements for RFB No. HCDD1-19-036-04-24, "Iowa Road Drainage Improvements Project", to Castle Enterprises, LLC, for Base Bid in the total amount $651,514.22, as recommended by B2Z Engineering, Project Engineer(subject to Legal Approval and Compliance with HB1295).
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 TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original
contract price may not be decreased by 18 % or more without the consent of the 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
2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original
contract price may not be decreased by 18 % or more without the consent of the 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
Attachments:
C.
AI -70142
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
Application for Payment No. 5 in the amount of $207,515.88 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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
The Board moved to agenda item 12 Adjourn.
2013 Bonds CIP 133
Budget 315-Pharr-McAllen South Drain Outfall
Application for Payment No. 5 in the amount of $207,515.88 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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
The Board moved to agenda item 12 Adjourn.
Attachments:
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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
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.
9.
Open Session:
A.
Real Estate Acquisition
No action to be taken.
No action to be taken.
B.
Pending and/or Potential Litigation
Proceed as directed.
The Board moved to Consent Agenda items discussed in Executive Session.
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
The Board moved to agenda item 12 Adjourn.
Proceed as directed.
The Board moved to Consent Agenda items discussed in Executive Session.
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
The Board moved to agenda item 12 Adjourn.
10.
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
11.
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
12.
Adjourn
Legal counsel informed the court no motion had been taken on agenda item 9.B. Legal counsel requested the Board move to agenda item 9.B.
Chairman Richard Cortez adjourned the meeting at 10:06 a.m.
Legal counsel informed the court no motion had been taken on agenda item 9.B. Legal counsel requested the Board move to agenda item 9.B.
Chairman Richard Cortez adjourned the meeting at 10:06 a.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 7th day of May, 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 May 7, 2019.
Signed this 7th day of May 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 7th day of May, 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 May 7, 2019.
Signed this 7th day of May 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Melissa S. Montalvo, Deputy