SPECIAL MEETING - June 6, 2019
BE IT REMEMBERED, that on this 6th day of June 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 June 6, 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 9:33 a.m.
Commissioner David Fuentes was not present during roll call.
Chairman Richard Cortez called the meeting to order at 9:33 a.m.
Commissioner David Fuentes was not present during roll call.
2.
Prayer
Opening prayer was offered by Ivan Cantu.
Opening prayer was offered by Ivan Cantu.
3.
Open Forum
Commissioner David Fuentes joined the meeting.
San Juanita Aguirre, member of Lupe, wanted to thank the Court for the cleaning efforts in Palma Del Norte II. She especially wanted to thank Commissioner Joe Flores and Victor Gallardo for their support.
Commissioner David Fuentes joined the meeting.
San Juanita Aguirre, member of Lupe, wanted to thank the Court for the cleaning efforts in Palma Del Norte II. She especially wanted to thank Commissioner Joe Flores and Victor Gallardo for their support.
Attachments:
4.
Approval of Consent Agenda
The board moved to approve the entire consent agenda.
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: 5 - 0 -Unanimously
The board moved to approve the entire consent agenda.
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: 5 - 0 -Unanimously
5.
General Operations:
A.
AI -70346
Requesting authority to advertise and approval of procurement packet (i.e. specifications/requirements, legal notice, draft requirement agreement etc.) as attached hereto for: Hidalgo County Drainage District No.1 "Security Guard Services" RFB No. HCDD1-19-051-07-03 including the re-advertising of project in the event no bids are received and/or are rejected and 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
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 -70635
Requesting approval for Hidalgo County Drainage District #1 to enter into an Inter Local Agreement ( ILA), at no fee/cost to HCDD1 with Cooperative-Purchasing Solutions Alliance (PSA), as an additional procurement resource for purchases on "AS NEEDED BASIS", with authority for Chairman of the Board to execute document. Subject to legal review.
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:
C.
AI -70624
Requesting approval of final negotiated Professional Services Contract with Leonel Garza Jr. & Associates, LLC as it relates to On-Call Real Estate Appraisal Services for Hidalgo County Drainage District No.1 Projects. Approved for negotiations by HCDD1 Board of Directors Agenda Item# 70380, on May 21, 2019 . (Subject to Legal Review and compliance to HB1295)(Contract # C-HCDD1-19-027A-06-06)
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:
D.
AI -70641
Request approval of Budget Amendments to carry over the December 31, 2018 available budgets into the 2019 District's Capital Projects Fund 130, Capital Project Fund 132 - 2008 Bond Series, and Capital Project Fund 133 - 2013 Bond Series. This will facilitate the budgetary accounting for continued construction of District Projects that have been approved by the board in prior years
On motion by BOARD MEMBER PCT. 2, EDUARDO "EDDIE" CANTU, 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. 2, EDUARDO "EDDIE" CANTU, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
E.
AI -70553
1. Presentation of the firms responding to RFP No. HCDD1-19-028-03-20- "Title Company Services-(Pool)", for the purpose of acceptance as "Qualified" by the HCDD1 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
2. Pursuant to the Board's approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate separate Contracts with each of the qualified proposers:
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. 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
2. Pursuant to the Board's approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate separate Contracts with each of the qualified proposers:
a. Sierra Title of Hidalgo County, Inc.,
b. Valley Land Title Company, LTD d/b/a Valley Land Title Co.,
c. Edwards Abstract and Title, LLC d/b/a Edwards Abstract and Title Co.,
for the provision of "Title Company Services On-Call (on as needed basis)" for Hidalgo County Drainage District No. 1 Projects. b. Valley Land Title Company, LTD d/b/a Valley Land Title Co.,
c. Edwards Abstract and Title, LLC d/b/a Edwards Abstract and Title Co.,
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:
6.
2018 Bond Referendum Projects:
A.
AI -70649
Recommending bid award and approval to issue a Purchase Order to Rio Valley Pipe, LLC dba CAPA, the sole responsible bidder meeting all requirements / specifications for the advertised RFB No. HCDD1-19-047-05-29, "Purchase of Precast Culvert Boxes Size 12 ft. x 8 ft., for Hidalgo Drain -2018 Bond Referendum Project # 13" (subject to compliance with HB1295 when and if applicable).
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
The court moved to agenda item 7. B. 1.
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
The court moved to agenda item 7. B. 1.
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -70627
Requesting authority to advertise and approval of plans and specifications developed by, Jose Noe Saldivar, P.E., District Engineer II, for: Hidalgo County Drainage District No. 1 -“Willacy County Relief Channel Overflow Structure Improvements” -RFB No. HCDD1-19-054-07-03, including the re-advertising of project in the event no Bid responses are received and/or are rejected and 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
The Court moved to agenda item 7 B.2.
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
The Court moved to agenda item 7 B.2.
Attachments:
B.
AI -70598
1. Consideration and approval of Inter local Cooperation Agreement between Hidalgo County and the Hidalgo County Drainage District No. 1 for the purchase of the South Detention Basin property
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
The Court moved to agenda item 7.A.
2. Approval of budget amendments to transfer available budget from 2013 bond projects and place into System Acquisition budget as needed for the first payment of the purchase of the Penitas Drain Basis from Hidalgo County. Funds for purchase are being obtained from the following 2012 Bond projects:
a. Transfer from Precinct 3 Rural Drainage Development $ 736,622.82
b. Transfer from the South Main Drain Weir No. 5 $ 256,903. (Construction not required)
c. Transfer from the North Main Drain Weir No. 3 $ 253,866. (Construction not required)
d. Transfer from the North Main Drain Weir No. 1 $ 100,532.42. (Project Completed)
e. Transfer from the Main Flood Water Channel Weir No. 5 $ 55,055. (Project Completed)
f. Appropriate from Interest Earned on the 2013 bond series proceeds into System Acquisition an amount of $132,784.39
Commissioner David Fuentes asked for the sum of the transfer; $1,172,978.82.
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
3. Approval of payment in the amount of $2,575,787.84 from the 2012 Bond Referendum-2013 Series System Acquisition budget.
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: 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
The Court moved to agenda item 7.A.
2. Approval of budget amendments to transfer available budget from 2013 bond projects and place into System Acquisition budget as needed for the first payment of the purchase of the Penitas Drain Basis from Hidalgo County. Funds for purchase are being obtained from the following 2012 Bond projects:
a. Transfer from Precinct 3 Rural Drainage Development $ 736,622.82
b. Transfer from the South Main Drain Weir No. 5 $ 256,903. (Construction not required)
c. Transfer from the North Main Drain Weir No. 3 $ 253,866. (Construction not required)
d. Transfer from the North Main Drain Weir No. 1 $ 100,532.42. (Project Completed)
e. Transfer from the Main Flood Water Channel Weir No. 5 $ 55,055. (Project Completed)
f. Appropriate from Interest Earned on the 2013 bond series proceeds into System Acquisition an amount of $132,784.39
Commissioner David Fuentes asked for the sum of the transfer; $1,172,978.82.
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
3. Approval of payment in the amount of $2,575,787.84 from the 2012 Bond Referendum-2013 Series System Acquisition budget.
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: 5 - 0 -Unanimously
Attachments:
8.
General Fund:
A.
AI -70661
Requesting approval of Inter-Local Agreement by and between Hidalgo County Drainage District No.1, City of Donna and Donna Irrigation District as it relates to Chaparral Drain Extension Project.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMEBER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMEBER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -70651
1. Approval of increase of 280 working hours through December 31, 2019 for Admin slot 23, part time clerk, from 20 hours per week to 30 hours per week.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO "EDDIE" CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
2. Approval of budget amendment to fund increase in the amount of $4,230.58 that includes taxes, unemployment, and workers compensation.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO "EDDIE" CANTU, the Court 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. 2, EDUARDO "EDDIE" CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
2. Approval of budget amendment to fund increase in the amount of $4,230.58 that includes taxes, unemployment, and workers compensation.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO "EDDIE" CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
C.
AI -70670
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Budget: 005 New Administration Bldg
1. Acceptance of Certificate of Substantial Completion from Bullard Construction, Inc. pertaining Construction Contract No. HCDD1-18-002-05-22 Hidalgo County Drainage District No. 1 Administration Building.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO "EDDIE" CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
2. Approval of Application for Payment No. 9-B1061-09 in the amount of $222,228.77 from Bullard Construction, Inc. pertaining to Construction Contract No. HCDD1-18-002-05-22 HCDD1 Administration Building.
Project Engineer: Halff Associates Inc
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Budget: 005 New Administration Bldg
1. Acceptance of Certificate of Substantial Completion from Bullard Construction, Inc. pertaining Construction Contract No. HCDD1-18-002-05-22 Hidalgo County Drainage District No. 1 Administration Building.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO "EDDIE" CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
2. Approval of Application for Payment No. 9-B1061-09 in the amount of $222,228.77 from Bullard Construction, Inc. pertaining to Construction Contract No. HCDD1-18-002-05-22 HCDD1 Administration Building.
Project Engineer: Halff Associates Inc
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
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 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 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
Chairman Richard Cortez adjourned the meeting at 9:46 a.m.
Chairman Richard Cortez adjourned the meeting at 9:46 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 6th day of June, 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 June 6, 2019.
Signed this 6th day of June 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 6th day of June, 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 June 6, 2019.
Signed this 6th day of June 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Melissa S. Montalvo, Deputy