SPECIAL MEETING - June 18, 2019
BE IT REMEMBERED, that on this 18th 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 18, 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
Board Member Eduardo "Eddie" Cantu called the meeting to order at 9:30 a.m.
Chairman Richard Cortez was not present during the meeting.
Board Member Eduardo "Eddie" Cantu called the meeting to order at 9:30 a.m.
Chairman Richard Cortez was not present during the meeting.
2.
Prayer
Opening prayer was offered by Raul Sesin.
Opening prayer was offered by Raul Sesin.
3.
Open Forum
No action taken on this item.
No action taken on this item.
4.
Approval of Consent Agenda
The court moved to approve the entire consent agenda.
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 court moved to approve the entire consent agenda.
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
5.
General Operations:
A.
AI -70817
Requesting approval of final negotiated Professional Services Contract with George J. Salazar II, dba Appraisal Haus, 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# 70390, on May 21, 2019 . (Subject to Legal Review and compliance to HB1295)(Contract # C-HCDD1-19-027C-06-18)
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
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
Attachments:
B.
AI -70886
Requesting approval to accept and execute license from United States International Boundary and Water Commission (USIBWC) to construct, operate and maintain (2) 5’x5’ Box Culverts with Gate Structures for Alamo Expressway Drain, subject to final legal review.
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:
C.
AI -70918
Requesting approval of Duplication of Benefits Form issued by Texas Division of Emergency Management as it relates to DR-4223 and approval for Drainage District General Manager or his designee to execute.
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
D.
AI -70869
Requesting approval and concurrence of TxDOT proposed roadway improvement plans for Mile 6 West Road CSJ: 0921-02-240.
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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
Vote:4 - 0 – Unanimously
Attachments:
E.
AI -70843
Recommending bid award and approval of contract to the responsible bidder submitting the sole bid received meeting all requirements / specifications for RFB No.HCDD1-19-035A-05-15, Flexible Base Material (Crushed Caliche), 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: 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
F.
AI -70873
Discussion and Possible Action on Approval of Division Order of a .03463802 Non-Participating Royalty Interest in the Louise DeGoche Gas Unit and accompanying letter from Dewbre Petroleum Corporation dated June 12, 2019 as Necessary to Obtain HCDD1’s Suspended Royalties of $960,507.40.
On motion by BOARD MEMBER PCT. 3, JOE 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 FLORES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Attachments:
G.
AI -70896
Discussion and Possible Action to Approve an Interlocal Cooperation Agreement with Hidalgo and Cameron Counties Irrigation District No. 9 for Maintenance of Approved Ditches and Authorize Execution of the Same.
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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Attachments:
H.
AI -70888
Discussion, consideration and action to adopt Hidalgo County Drainage District No.1 Standards for Donation of Property.
Commissioner Eduardo "Eddie" Cantu inquires if the documents can be simplified. He stated the documents had many details that had nothing to do with the county. He requests to review the documents to verify if certain steps can be eliminated. He stated he had no issues with approving the item subject to legal review.
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: 4 - 0 - Unanimously
Commissioner Eduardo "Eddie" Cantu inquires if the documents can be simplified. He stated the documents had many details that had nothing to do with the county. He requests to review the documents to verify if certain steps can be eliminated. He stated he had no issues with approving the item subject to legal review.
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: 4 - 0 - Unanimously
Attachments:
I.
AI -70901
Discussion as it relates to the meeting with the U.S. Department of Housing and Urban Development in Washington, DC on June 4, 2019.
Commissioner David Fuentes discusses the meeting with the HUD staff in Washington. He thanks Congressmen Filemon Vela, Vicente Gonzalez, Henry Cuellar for taking time to meet with him. He stressed the importance of drainage. He stated drainage is not a localized issue; its an issue that can effects neighboring areas.
No action taken on this item.
Commissioner David Fuentes discusses the meeting with the HUD staff in Washington. He thanks Congressmen Filemon Vela, Vicente Gonzalez, Henry Cuellar for taking time to meet with him. He stressed the importance of drainage. He stated drainage is not a localized issue; its an issue that can effects neighboring areas.
No action taken on this item.
J.
AI -70879
Presentation and Discussion as it relates to Hidalgo County Drainage District No.1 Community Outreach and Education efforts regarding Illegal Dumping.
Discussion/Presentation on illegal dumping (PowerPoint presentation). Raul Sesin stresses the importance of educating the communities on the effects of illegal dumping.
No action taken on this item.
Discussion/Presentation on illegal dumping (PowerPoint presentation). Raul Sesin stresses the importance of educating the communities on the effects of illegal dumping.
No action taken on this item.
6.
2018 Bond Referendum Projects:
A.
AI -70828
Consider and approve an Order authorizing issuance, sale and delivery of Hidalgo County Drainage District No. 1 Unlimited Tax Improvement Bonds, Series 2019 under the provision of Chapter 1371 et. seq., Texas Government Code; payable from the levy of the direct and continuing annual ad valorem tax authorized pursuant to chapter 56 of the Texas Water Code; prescribing the term and form thereof; providing for the payment of the principle thereof and interest thereon; authorizing the use of an official statement to be used in connection with the sale of the bonds; and making other provisions regarding such bonds and matters incident thereto.
Raul Sesin informed the Board of the Bond sale. He stated the District had about 73.5 million in bonds to sell; however, there was about 580 million dollars worth of interest in the Districts Bond. Noe Hinojosa reiterated Mr. Sesin's statements on the interest in the Districts Bond Series.
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
Raul Sesin informed the Board of the Bond sale. He stated the District had about 73.5 million in bonds to sell; however, there was about 580 million dollars worth of interest in the Districts Bond. Noe Hinojosa reiterated Mr. Sesin's statements on the interest in the Districts Bond Series.
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:
B.
AI -70876
Requesting acceptance and approval of Donation Deed from La Joya ISD as it relates to the 2018 Bond Program - Project 26 - Mission Lateral and authorize the Board Chair to execute acceptance
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:
C.
AI -70919
Requesting acceptance and approval of Work Authorization No. 1 in the amount of $45,601.98 as submitted by B2Z Engineering, LLC, in relation to professional CMT Services for: "Pharr McAllen Drain -2018 Bond Referendum Project #31" through awarded Contract No. C-HCDD1-19-033-03-26 for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services" (Subject to Legal Review)
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:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -70671
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Budget: 365-Rural Drainage Develpment Pct.4
1. Approval of Application for Payment No. 1 in the amount of $144,512.40 from Filegonia Site Contractors pertaining to Construction Contract No. HCDD1-18-060-12-11 Pct.4 RCW Subdivision Drainage Improvements.
Project Engineer: Jose Noe Saldivar, P.E., -HCDD1
PO#636639
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
Budget: 365-Rural Drainage Develpment Pct.4
1. Approval of Application for Payment No. 1 in the amount of $144,512.40 from Filegonia Site Contractors pertaining to Construction Contract No. HCDD1-18-060-12-11 Pct.4 RCW Subdivision Drainage Improvements.
Project Engineer: Jose Noe Saldivar, P.E., -HCDD1
PO#636639
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:
B.
AI -70892
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services.
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. Presentation of scoring grid (for the purposes of ranking by HCDD1 Board of Directors) of the firms graded and evaluated through the District's approved "Pool" of Engineering Firms for the provision of Professional Engineering Services for "Moorefield Rd & Inspiration (Mile 5 Rd. thru Mile 6 Rd.)".
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
3. Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Professional Engineering Services Agreement with the number one ranked firm Javier Hinojosa Engineering for the provisions of Professional Engineering Services for "Moorefield Rd & Inspiration (Mile 5 Rd. thru Mile 6 Rd.)".
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. 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. Presentation of scoring grid (for the purposes of ranking by HCDD1 Board of Directors) of the firms graded and evaluated through the District's approved "Pool" of Engineering Firms for the provision of Professional Engineering Services for "Moorefield Rd & Inspiration (Mile 5 Rd. thru Mile 6 Rd.)".
| FIRM NAME: | SCORE: | RANK |
| Javier Hinojosa Engineering | 92.67 | |
| J&R Engineering, LLC | 91.33 | |
| Cruz-Hogan Consultants, Inc. | 91.00 |
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
3. Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Professional Engineering Services Agreement with the number one ranked firm Javier Hinojosa Engineering for the provisions of Professional Engineering Services for "Moorefield Rd & Inspiration (Mile 5 Rd. thru Mile 6 Rd.)".
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
Attachments:
8.
General Fund:
A.
AI -70865
A. Requesting review and approval to pay claim request on the following item:
1. Invoices 763394-A, and 763340-A to Upper Valley Material, LLC totaling $ 809.82 for Midway Road Improvements
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
1. Invoices 763394-A, and 763340-A to Upper Valley Material, LLC totaling $ 809.82 for Midway Road Improvements
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
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 take 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 take 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:
No action take on this item.
No action take on this item.
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
The meeting was adjourned by Board Member Eduardo "Eddie" Cantu at 9:55 a.m.
The meeting was adjourned by Board Member Eduardo "Eddie" Cantu at 9:55 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 18th 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 18, 2019.
Signed this 18th 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 18th 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 18, 2019.
Signed this 18th 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