SPECIAL MEETING - July 30, 2019
BE IT REMEMBERED, that on this 30th day of July 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 July 30, 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 9:32 p.m.
All Board Members were present during roll call.
Chairman Richard Cortez called the meeting to order at 9:32 p.m.
All Board Members were present during roll call.
2.
Prayer
Opening prayer was offered by Raul Sesin.
Opening prayer was offered by Raul Sesin.
3.
Open Forum
Celina Hernandez thanks Commissioner David Fuentes for the work that has been done in her colonia. She is requesting for ditches to be excavated deeper and also informs the Board that the ditches helped with the recent rains.
Celina Hernandez thanks Commissioner David Fuentes for the work that has been done in her colonia. She is requesting for ditches to be excavated deeper and also informs the Board that the ditches helped with the recent rains.
Attachments:
4.
Approval of Consent Agenda
The court moved to approve the entire consent agenda.
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: 5 - 0 -Unanimously
The court moved to approve the entire consent agenda.
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: 5 - 0 -Unanimously
5.
General Operations:
A.
AI -71512
Presentation and Discussion on Meetings with Texas Commission on Environmental Quality regarding the Delta Region Water Management Project and the Raymondville Drain Restore Act Funding.
Raul Sesin updated the Board on a meeting he and the counties consultants, Halff and Associates, had with TCEQ water division in Austin. Our consultants have requested a development team from TCEQ be assigned to us to help with the water project. Mr. Sesin also met with the legal team responsible for the funding available for these projects. The feedback was all positive. The county is now developing an agreement with TCEQ for funding. This funding will have great impact on Rainbow drain in Willacy county that effects Hidalgo county as well.
No action to be taken on this item.
Raul Sesin updated the Board on a meeting he and the counties consultants, Halff and Associates, had with TCEQ water division in Austin. Our consultants have requested a development team from TCEQ be assigned to us to help with the water project. Mr. Sesin also met with the legal team responsible for the funding available for these projects. The feedback was all positive. The county is now developing an agreement with TCEQ for funding. This funding will have great impact on Rainbow drain in Willacy county that effects Hidalgo county as well.
No action to be taken on this item.
B.
AI -71515
Resolution in support of the United States Army Corps of Engineers Proposed Submittal of a Proposed Study Entitled Lower Rio Grande Valley Flood Risk Management and Resilience Project to the United States Congress under Section 7001 of the Water Resources Reform and Development Act 2014.
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
C.
AI -71502
Requesting approval of the District's Rerate Exposure Summary for 2018/2019 with Texas Municipal League (TML) for General Liability, Physical Damage, Property Damage and Workers Compensation
No action to be taken on this item.
Attachments:
D.
AI -71387
Requesting approval of final negotiated Professional Services Agreement No. C-HCDD1-19-058-07-30, with B2Z Engineering, LLC, as it relates to "Professional Geotechnical Services On Call (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 July 1st , 2019 (AI#71048).
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
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
Attachments:
E.
AI -71391
Requesting approval of final negotiated Professional Services Agreement No. C-HCDD1-19-060-07-30, with Millennium Engineers Group, Inc., as it relates to "Professional Geotechnical Services On Call (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 July 1st , 2019 (AI#71048).
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
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
Attachments:
F.
AI -71450
Requesting approval to accept bid and approval to execute a Requirements Agreement with the sole responsible vendor submitting a bid meeting all specified requirements for RFB No.HCDD1-19-048-05-29 "Gasoline and Diesel (On & Off Highway)", subject to legal review and compliance to HB1295.
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:
G.
AI -71460
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 "Concrete Mix and Related Items", RFB No. HCDD1-19-062-08-21, 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. 1, DAVID FUENTES, 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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO "EDDIE" CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
H.
AI -71494
1. Approval of the Hidalgo County Drainage District No. 1 Investment Policy
2. Approval of Resolutions for Texas Class, Lone Star Investment Pool, and Multi-Bank Securities, Inc
3. Approval of Broker-Dealer List 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
Commissioner Eduardo "Eddie" Cantu abstained from all discussions and/or actions on this item.
2. Approval of Resolutions for Texas Class, Lone Star Investment Pool, and Multi-Bank Securities, Inc
3. Approval of Broker-Dealer List 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
Commissioner Eduardo "Eddie" Cantu abstained from all discussions and/or actions on this item.
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -71451
1. Approval of Budget Amendment for (Advance) transfer in from General Fund to Capital Project Fund 134 2019 Bond Series in the amount of $2,534,047.13.
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: 5 - 0 -Unanimously
2. Approval of Budget Amendment to appropriate 2019 Bond Series Projects in the amount of $84,017,204.20.
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: 5 - 0 -Unanimously
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: 5 - 0 -Unanimously
2. Approval of Budget Amendment to appropriate 2019 Bond Series Projects in the amount of $84,017,204.20.
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: 5 - 0 -Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -71443
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
J09 Drainage Improvements-Budget 300
1. Application for payment No. 8 in the amount of $16,167.72 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-020-05-08 J09 Drainage Improvements Phase III. Project Engineer: Eric Dietrich, P.E.-Tedsi Infrastructure Group
PO#634761
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
J09 Drainage Improvements-Budget 300
1. Application for payment No. 8 in the amount of $16,167.72 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-020-05-08 J09 Drainage Improvements Phase III. Project Engineer: Eric Dietrich, P.E.-Tedsi Infrastructure Group
PO#634761
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:
B.
AI -71495
1. Requesting approval to accept bids and award a Construction Contract to lowest and best bidder meeting all specified requirements for RFB No. HCDD1-19-054-07-03, "Willacy County Relief Channel Overflow Structure Improvements", to RDH Site and Concrete, LLC, for Base Bid in the total amount $70,300.00, as recommended by HCDD1 Engineer II, Jose Noe Saldivar, P.E, (subject to Legal Approval and 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: 5 - 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.3, JOE 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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 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.3, JOE FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
C.
AI -71444
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. 2 in the amount of $88,966.51 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. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Budget: 365-Rural Drainage Develpment Pct.4
1. Approval of Application for Payment No. 2 in the amount of $88,966.51 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. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
8.
General Fund:
A.
AI -71522
Requesting authority to advertise and approval of plans and specifications developed by, Jose Noe Saldivar, P.E., HCDD1 Engineer II, for: “Trenton Drain Phase III Drainage Improvements” -RFB No. HCDD1-19-063-08-21, 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. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, 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. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
Attachments:
9.
Right of Way Acquisitions:
A.
AI -71463
Requesting acceptance and approval of Donation Deed from JENNIFER COLLINS STONE; JAMES W. COLLINS, JR.; COURTNEY C. COLLINS; CAROLINE COLLINS BADOUH; VANNIE C. COLLINS; KATHLEEN C. COLLINS; CAROL C. DALTON; SAMUEL P. DALTON JR.; LORING C. DALTON; KATHLEEN E. DALTON; and WILLIAM T.A. DALTON, as it relates to La Reserva Ph I-A subdivision and authorize the Board Chair to execute acceptance.
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. 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:
10.
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:
Chairman Richard Cortez moved to 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:
Chairman Richard Cortez moved to closed session.
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.
11.
Open Session:
A.
Real Estate Acquisition
No action to be taken on this item.
No action to be taken on this item.
B.
Pending and/or Potential Litigation
Legal Counsel to proceed as directed.
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
Legal Counsel to proceed as directed.
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
12.
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
13.
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
14.
Adjourn
Chairman Richard Cortez adjourned the meeting.
Chairman Richard Cortez adjourned the meeting.
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 30th day of July, 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 July 30, 2019.
Signed this 30th day of July 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 30th day of July, 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 July 30, 2019.
Signed this 30th day of July 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Melissa S. Montalvo, Deputy