REGULAR MEETING - October 22, 2019
BE IT REMEMBERED, that on this 22nd day of October A.D., 2019, there was begun and held a REGULAR 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 October 22, 2019 1:30 P.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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
Judge Cortez called the meeting to order at 1:30 P.M.
Commissioners Cantu and Flores were not present during the roll call, but later joined the meeting.
Judge Cortez called the meeting to order at 1:30 P.M.
Commissioners Cantu and Flores were not present during the roll call, but later joined the meeting.
2.
Prayer (Audio Reference :23s)
Raul Sesin offered the prayer.
Raul Sesin offered the prayer.
3.
Open Forum (Audio Reference 2m:57s)
Court proceeded to the Approval of the Consent Agenda, then after proceeded with Open Forum.
Participant Maria Romero expressed her gratitude towards the Court for their support.
Court proceeded to 5.A
Court proceeded to the Approval of the Consent Agenda, then after proceeded with Open Forum.
Participant Maria Romero expressed her gratitude towards the Court for their support.
Court proceeded to 5.A
4.
Approval of Consent Agenda (Audio Reference 1m:06s)
Commissioners Cantu and Flores joined the meeting.
Mr. Sesin stated to pull Item 5.A and 6.A from Consent agenda for independent action.
Court proceeded to District Drainage Consent Agenda Item 5.A and 6.A.
Commissioners Cantu and Flores joined the meeting.
Mr. Sesin stated to pull Item 5.A and 6.A from Consent agenda for independent action.
Court proceeded to District Drainage Consent Agenda Item 5.A and 6.A.
5.
General Operations:
A.
AI -72808
Requesting approval to accept bids and approval to execute Requirements Agreements with multiple vendors submitting the lowest and best bids for primary and secondary items meeting all specified requirements for RFB No. HCDD1-19-066-10-09 ''Lubricants, Anti-freeze, Grease, Haydarulic Fluids, and Related Items'', subject to legal review and compliance to HB1295. (Audio Reference 4m:30s)
Raul Sesin stated that a question arised regarding the siting of a particular brand, but Mr. Sesin stated that they do not that they do equivalent to a brand.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 5.A
Vote: 5 - 0 - Unanimously
Raul Sesin stated that a question arised regarding the siting of a particular brand, but Mr. Sesin stated that they do not that they do equivalent to a brand.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 5.A
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI -72841
Requesting authority to advertise and approval of RFQ packet (i.e., legal notice, requirements, evaluation criteria, etc.,) as attached hereto for: Hidalgo County Drainage District No. 1 "Independent Financial Audit Services", RFQ No. HCDD1-19-073-11-13, including the re-advertisement of RFQ in the event SOQ's are rejected or no responses are received and services are still required. (Audio Reference 5m:19s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 5.B
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 5.B
Vote: 5 - 0 – Unanimously
Attachments:
C.
AI -72895
Requesting approval of Supplemental Agreement No. 1 for Terra Firma Materials, L.L.C. Contract No. C-HCDD1-19-035A-06-18 to amend the contract adding an alternate pit location. Subject to legal review and compliance with HB-1295 (Audio Reference 5m:48s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 5.C
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 5.C
Vote: 5 - 0 - Unanimously
Attachments:
D.
AI -72823
Approval of the following forms: (Audio Reference 06m:10s)
1. Performance Review & Evaluation Form (Instructions) HR Form: 010
2. Performance Review & Evaluation Form Acknowledgment Form HR Form: 011
3. Performance Review & Evaluation Form (Clerical/Administrative) HR Form: 012
4. Performance Review & Evaluation Form (Field Operations/Trades) HR Form: 013
5. Performance Review & Evaluation Form (Supervisory/Technical) HR Form: 014
6. Performance Review & Evaluation Form (Management/Professional) HR Form: 015
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 5.D
Vote: 5 - 0 - Unanimously
1. Performance Review & Evaluation Form (Instructions) HR Form: 010
2. Performance Review & Evaluation Form Acknowledgment Form HR Form: 011
3. Performance Review & Evaluation Form (Clerical/Administrative) HR Form: 012
4. Performance Review & Evaluation Form (Field Operations/Trades) HR Form: 013
5. Performance Review & Evaluation Form (Supervisory/Technical) HR Form: 014
6. Performance Review & Evaluation Form (Management/Professional) HR Form: 015
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 5.D
Vote: 5 - 0 - Unanimously
Attachments:
E.
AI -72888
Discussion and possible action as it relates to Hidalgo County Drainage District No. 1 Drainage Advisory Committee Appointees (Audio Reference 7m:10s)
Mr. Sesin stated that Pct. 1 has asked for Alex Liva for Pct. 1 Appointee and Ms. Virginia Townsen has asked to be removed from Pct. 2 appointee list.
Mr. Sesin stated that this is a committee to convey information to the public.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 5.E
Vote: 5 - 0 - Unanimously
Mr Sesin stated for the record the individuals: For the Judge Appointees Dr. Frank Guajardo, Ann Cass, Yara Corbitt, John Womack, Joe Phillips, Moe Lopez, Martha Sanchez, Eduardo Mejia. Pct. 1 Appointees, Mr. Sergio Zavala, Irving Estave, Richard Vos, Danny Guzman, Craig Gonzalez, Alex Livas. Pct. 2 Appointees, Omar Anzaldua, Ben Arjona, Yvette Barrera, Hilda Salinas, Pct. 3 Appointees - Mayor Rigo Lopez, Ricardo Villarreal, Mayor Armando Ocana, Mayor Ramiro Rodriguez, and Mayor Salvador Vela, in alternate Jessica Ortega Ochoa for Mission. Pct. 4 Appointees - Mike Rhodes, Joe Quiroga, David DeAnda, Ford Sasser, Commissioner Joaquin Zamora, and Victor Guerra.
Mr. Sesin stated that Pct. 1 has asked for Alex Liva for Pct. 1 Appointee and Ms. Virginia Townsen has asked to be removed from Pct. 2 appointee list.
Mr. Sesin stated that this is a committee to convey information to the public.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 5.E
Vote: 5 - 0 - Unanimously
Mr Sesin stated for the record the individuals: For the Judge Appointees Dr. Frank Guajardo, Ann Cass, Yara Corbitt, John Womack, Joe Phillips, Moe Lopez, Martha Sanchez, Eduardo Mejia. Pct. 1 Appointees, Mr. Sergio Zavala, Irving Estave, Richard Vos, Danny Guzman, Craig Gonzalez, Alex Livas. Pct. 2 Appointees, Omar Anzaldua, Ben Arjona, Yvette Barrera, Hilda Salinas, Pct. 3 Appointees - Mayor Rigo Lopez, Ricardo Villarreal, Mayor Armando Ocana, Mayor Ramiro Rodriguez, and Mayor Salvador Vela, in alternate Jessica Ortega Ochoa for Mission. Pct. 4 Appointees - Mike Rhodes, Joe Quiroga, David DeAnda, Ford Sasser, Commissioner Joaquin Zamora, and Victor Guerra.
6.
2018 Bond Referendum Projects:
A.
AI -72839
Requesting acceptance and approval of Work Authorization No. 1 in the amount of $6,509.32 as submitted by B2Z Engineering, LLC, in relation to professional Geotechnical Services for: "Pharr McAllen Drain -2018 Bond Referendum Project #31" through awarded Contract No. C-HCDD1-19-058-07-30 for "Hidalgo County Drainage District No. 1 -Professional Geotechnical Services On Call (on as needed basis)" (Subject to Legal Review) (Audio 9m:37s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 6.A
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 6.A
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI -72868
Requesting approval of Supplemental Agreement No. 1 to the Professional Services Agreement (No.C-HCDD1-19-022-04-09) with Alpha Infrastructure Engineering, PLLC, for the provision of Professional Engineering Services for "Southwest Weslaco -2018 Bond Referendum Project #35", for the purpose of amending the agreement to substitute a sub-consultant listed in "Exhibit C-1" Project Team. Subject to compliance to HB1295. (Audio Reference 10m:05s)
Raul Sesin stated that Quintanilla Headly and Associates are introduced as the surveyor for the project.
Judge asked for the record, if there is an additional charge for the supervising, which Mr.Sesin confirmed that there is no additional charge for supervising.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 6.B
Vote: 5 - 0 - Unanimously
Raul Sesin stated that Quintanilla Headly and Associates are introduced as the surveyor for the project.
Judge asked for the record, if there is an additional charge for the supervising, which Mr.Sesin confirmed that there is no additional charge for supervising.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 6.B
Vote: 5 - 0 - Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -72803
1. Requesting approval to accept bids and award a Construction Contract to lowest and best bidder meeting all specified requirements, Mor-Wil, LLC, for RFB No. HCDD1-19-069-10-09, “Chaparral Drain Extension Improvements (60 Inch RCP Jack & Bore - Donna Irrigation Crossing)”, Base Bid and Alternate 1, in the total amount $145,757.63, as recommended by HCDD1 Engineer IV, Jose Noe Saldivar, P.E, (subject to Legal Approval and Compliance with HB1295). (Audio Reference 10m:48s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 7.A.1
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 E. 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". (Audio 11m:26s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 7.A.2
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 7.A.1
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 E. 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". (Audio 11m:26s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 7.A.2
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI -72890
Approval to issue payment on the following item:
J09 Drain-Budget 133-300
Invoice No. PP08 2019 in the amount of $2,710.92 from Hidalgo County Precinct No. 4 for reimbursement of labor and machine hours related to the construction of the J-09 Project (Pay Periods 8 of 2019).
Project Engineer: Tedsi Infrastructure Group (Audio 11m:51s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 7.B
Vote: 5 - 0 – Unanimously
J09 Drain-Budget 133-300
Invoice No. PP08 2019 in the amount of $2,710.92 from Hidalgo County Precinct No. 4 for reimbursement of labor and machine hours related to the construction of the J-09 Project (Pay Periods 8 of 2019).
Project Engineer: Tedsi Infrastructure Group (Audio 11m:51s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 7.B
Vote: 5 - 0 – Unanimously
Attachments:
C.
AI -72864
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. 10 in the amount of $184,134.72 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 (Audio Reference 12m:12s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval Item 7.C
Vote: 5 - 0 - Unanimously
J09 Drainage Improvements-Budget 300
1. Application for payment No. 10 in the amount of $184,134.72 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 (Audio Reference 12m:12s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval Item 7.C
Vote: 5 - 0 - Unanimously
Attachments:
8.
General Fund:
A.
AI -72889
Approval to issue payment on the following item: (Audio Reference 12m:37s)
Raymondville Drain-Budget 130 (TWD Grant)
1. Invoice No. PP08-20 2019 in the amount of $623,778.01 from Hidalgo County Precinct No. 4 for reimbursement of labor and machine hours related to the construction of the Raymondville Drain Project (Pay Periods 8 through 20 of 2019).
Project Engineer: S&B Infrastructure
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 8.A
Vote: 5 - 0 - Unanimously
Raymondville Drain-Budget 130 (TWD Grant)
1. Invoice No. PP08-20 2019 in the amount of $623,778.01 from Hidalgo County Precinct No. 4 for reimbursement of labor and machine hours related to the construction of the Raymondville Drain Project (Pay Periods 8 through 20 of 2019).
Project Engineer: S&B Infrastructure
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 8.A
Vote: 5 - 0 - Unanimously
Attachments:
9.
Right of Way Acquisitions:
A.
AI -72903
Discussion and possible action to approve, and authorize General Manager to execute, “Department of Army Offer to Sell Real Property” for Project CBP RGV-04, Tract Nos. RGV-MCS-2223 and 3018, and authorize the Chairman to execute all other documents necessary to effectuate conveyance of the real property, subject to final legal review. (Audio Reference 13m:06s)
Raul Sesin stated the amount of the Track RGV-MCS-2223 is $10,686.00 and for the RGV-MCS-3018 is $20,209.00. However the closing cost will still be accounted for at the end, but these are the agreed upon figures.
Commissioner David Fuentes asked if they had a choice, and Sesin responded that it was a fair negotiation.
Legal stated that this was going to be a subject of a federal condemnation action, if something was not agreed to.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 9.A.
Vote: 5 - 0 - Unanimously
Raul Sesin stated the amount of the Track RGV-MCS-2223 is $10,686.00 and for the RGV-MCS-3018 is $20,209.00. However the closing cost will still be accounted for at the end, but these are the agreed upon figures.
Commissioner David Fuentes asked if they had a choice, and Sesin responded that it was a fair negotiation.
Legal stated that this was going to be a subject of a federal condemnation action, if something was not agreed to.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 9.A.
Vote: 5 - 0 - Unanimously
10.
Closed Session: (Audio Reference 15m:24s)
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following:
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Court retired to Closed Session at 1:45 P.M.
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following:
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Court retired to Closed Session at 1:45 P.M.
A.
Real Property (Tex. Gov't. Code 551.072)
No action was taken on Item 10.A
No action was taken on Item 10.A
B.
Personnel Matters (Tex. Gov't. Code 551.074)
No action was taken on Item 10.B
No action was taken on Item 10.B
C.
Consultation with Attorney Regarding:
a) Pending or Contemplated Litigation: b) a Settlement Offer: or c) 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 (Tex. Gov't. Code 551.071)
No action was taken on Item 10.C
a) Pending or Contemplated Litigation: b) a Settlement Offer: or c) 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 (Tex. Gov't. Code 551.071)
No action was taken on Item 10.C
11.
Open Session:
A.
Possible Action of Real Estate Acquisition (Audio Reference 15m:50s)
Raul Sesin stated he will proceed as directed
No action was taken on Item 11.A
Raul Sesin stated he will proceed as directed
No action was taken on Item 11.A
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on Item 11.B
No action was taken on Item 11.B
12.
Adjourn (Audio Reference 16m:03s)
Judge adjourned the meeting at 1:59 P.M
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval
Vote: 5 - 0 – Unanimously
Judge adjourned the meeting at 1:59 P.M
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval
Vote: 5 - 0 – Unanimously
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 22nd day of October, 2019
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Carolyn Thornton, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on October 22, 2019.
Signed this 22nd day of October 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 22nd day of October, 2019
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Carolyn Thornton, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on October 22, 2019.
Signed this 22nd day of October 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy