SPECIAL MEETING - March 10, 2020
BE IT REMEMBERED, that on this 10th day of March A.D., 2020, 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 ELLIE TORRES |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 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 March 10, 2020 9:45 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 (Audio Reference :10s)
Judge Cortez called the meeting to order at 9:45 A.M.
All members of the Court were present with the exception of Commissioner Joe Flores.
Judge Cortez called the meeting to order at 9:45 A.M.
All members of the Court were present with the exception of Commissioner Joe Flores.
2.
Prayer (Audio Reference :23s)
Raul Sesin offered the prayer.
Raul Sesin offered the prayer.
3.
Open Forum (Audio Reference 1m:22s)
Veronica Rodriguez expressed her gratitude towards Commissioner Ellie Torres and the Court for the cleaning of her colonia.
Emma Quintero thanked Commissioner David Fuentes for the trash bins and the installation of a "stop" sign in her colonia.
Azalia Fuentes expressed her gratitude towards David Fuentes for the trash bins placed in her colonia.
Veronica Rodriguez expressed her gratitude towards Commissioner Ellie Torres and the Court for the cleaning of her colonia.
Emma Quintero thanked Commissioner David Fuentes for the trash bins and the installation of a "stop" sign in her colonia.
Azalia Fuentes expressed her gratitude towards David Fuentes for the trash bins placed in her colonia.
Attachments:
4.
Approval of Consent Agenda (Audio Reference 05m:51s)
The Court proceeded to the approval of the Consent Agenda.
The Court proceeded to the approval of the Consent Agenda.
5.
General Operations:
A.
AI -74771
Request approval of payment to AT&T for Claim for Damages SWBT-08-201910-05-0024-ADJ in the amount of $991.23 for an underground utility line that was cut along rear 1427 Saint Paul & Cesar Chavez Rd, Alamo TX. (Audio Reference 06m:19s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.A.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.A.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -74748
1. Approval of Certificate of Completion of the Hidalgo County Drainage District No. 1 Hazard Mitigation Action Plan and authority for District General Manager to execute documents. The Hazard Mitigation Action Plan was approved on August 20, 2019 by Board of Directors. (Audio Reference 06m:44s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.B.
Vote: 4 - 0 -Unanimously
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.B.
Vote: 4 - 0 -Unanimously
Attachments:
C.
AI -74680
Approval of Interlocal Cooperative Agreement and Resolution between Hidalgo County Drainage District No. 1 and Educational Service Center, Region 14 with the purpose of participating in the cooperative purchasing services of the National Cooperative Purchasing Alliance (NCPA) as an additional procurement resource including authority for the Chairman of the Board to execute documents (Audio Reference 07m:49s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 5.C.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 5.C.
Vote: 4 - 0 – Unanimously
Attachments:
D.
AI -74756
Approval to seek a Request for Qualifications for "Litigation (Legal) Services related to ongoing litigation matter and pursuit of claims against one or more parties as needed", with authority to advertise RFQ No. HCDD1-20-022-04-01. (Audio Reference 08m:12s)
Raul Sesin stated that he would like to add to the item "subject to legal review".
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.D subject to legal review.
Vote: 4 - 0 -Unanimously
Raul Sesin stated that he would like to add to the item "subject to legal review".
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.D subject to legal review.
Vote: 4 - 0 -Unanimously
E.
AI -74741
Requesting authority to advertise and approval of Request for Qualifications (RFQ) packet (including qualifications, requirements, and scope of services) as attached hereto for "Hidalgo County Drainage District No. 1 Pool of Professional Real Estate Appraisal Services Pool", for selection of firms per project on an "as needed basis" through grading/scoring, ranking, negotiation protocol as established by the Hidalgo County Drainage District No. 1 Board of Directors. (Audio Reference 08m:44s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.E.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.E.
Vote: 4 - 0 - Unanimously
F.
AI -74792
Requesting authority to advertise and approval of procurement packet (i.e., legal notice,specifications, bid page, etc.,) as attached hereto for: ''Purchase of one (1) Vertical Axial-Flow Pump'', RFB No. HCDD1-20-024-04-01, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required. (Audio Reference 09m:09s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.F.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.F.
Vote: 4 - 0 - Unanimously
G.
AI -74713
Requesting approval of final negotiated Professional Services Agreement No. C-HCDD1-20-019-05-10, with Raba Kistner, Inc., as it relates to Professional Construction Materials Testing (CMT) Services On-Call (on an 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# 74454 (02/25/20). (Audio Reference 09m:32s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 5.G.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 5.G.
Vote: 4 - 0 – Unanimously
6.
2018 Bond Referendum Projects:
A.
AI -74703
Requesting acceptance and approval of Work Authorization No. 4 for the provision of Construction Materials Testing Services for: "Mission Lateral (Section I) Project" in the amount of $85,067.98, through awarded Contract No. C-HCDD1-19-033-05-07, with B2Z Engineering, LLC., for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services" (Subject to Legal Review). (Audio Reference 09m:58s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 6.A.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 6.A.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -74742
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Chaparral Drain Extension -365-010-011 (Audio Reference 10m:24s)
1. Application for payment no. 1 in the amount of $33,098.40 from Mor-Wil, LLC pertaining Construction Contract No. HCDD1-19-069-10-22 Chaparral Drain Extension Improvement (60 Inch RCP jack & Bore-Donna Irrigation Crossing)
Project Engineer: Jose Noe Saldivar, P.E.-HCDD1
PO#638896
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 6.B.
Vote: 4 - 0 – Unanimously
Chaparral Drain Extension -365-010-011 (Audio Reference 10m:24s)
1. Application for payment no. 1 in the amount of $33,098.40 from Mor-Wil, LLC pertaining Construction Contract No. HCDD1-19-069-10-22 Chaparral Drain Extension Improvement (60 Inch RCP jack & Bore-Donna Irrigation Crossing)
Project Engineer: Jose Noe Saldivar, P.E.-HCDD1
PO#638896
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 6.B.
Vote: 4 - 0 – Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -74735
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Iowa Rd Drainage Improvements-Budget 365-040-013 (Audio Reference 10m:51s)
1. Application for payment no. 3 in the amount of $228,642.79 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-19-036-05-07 Iowa Rd Drainage Improvements.
Project Engineer: Jose Noe Saldivar, P.E.-HCDD1
PO#637966
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 7.A.
Vote: 4 - 0 – Unanimously
Iowa Rd Drainage Improvements-Budget 365-040-013 (Audio Reference 10m:51s)
1. Application for payment no. 3 in the amount of $228,642.79 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-19-036-05-07 Iowa Rd Drainage Improvements.
Project Engineer: Jose Noe Saldivar, P.E.-HCDD1
PO#637966
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 7.A.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -74789
Requesting acceptance and approval of Work Authorization No. 6 for the provision of Construction Materials Testing Services for: "Mission Inlet -Balboa Estate Project" in the amount of $ 65,754.56, through awarded Contract No. C-HCDD1-19-033-05-07, with B2Z Engineering, LLC., for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services" (Subject to Legal Review). (Audio Reference 11m:15s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval item 7.B.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval item 7.B.
Vote: 4 - 0 - Unanimously
Attachments:
C.
AI -74705
Requesting acceptance and approval of Work Authorization No. 5 for the provision of Construction Materials Testing Services for: "J-09 Phase IV Project" in the amount of $ 36,473.58, through awarded Contract No. C-HCDD1-19-033-05-07, with B2Z Engineering, LLC., for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services" (Subject to Legal Review). (Audio Reference 11m:39s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 7.C.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 7.C.
Vote: 4 - 0 – Unanimously
8.
General Fund:
A.
AI -74691
Requesting acceptance and approval of Work Authorization No. 3 for the provision of Construction Materials Testing Services for: "Hidalgo Drain and Dicker Road Box Culvert Crossing Project" in the amount of $ 22,391.72, through awarded Contract No. C-HCDD1-19-033-05-07, with B2Z Engineering, LLC., for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services" (Subject to Legal Review). (Audio Reference 12m:03s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 8.A.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 8.A.
Vote: 4 - 0 – Unanimously
9.
Right of Way Acquisitions:
A.
AI -74772
Requesting approval for Interlocal Agreement with the County of Hidalgo as it relates to the Raymondville Drain Ph I Segment 4 - Parcel 28, subject to legal review. (Audio Reference 12m:29s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 9.A.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 9.A.
Vote: 4 - 0 - Unanimously
Attachments:
B.
AI -74776
Requesting acceptance and approval of Donation deed from Robert Rendon and Aracelis S. Rendon, as it relates to the South Main Drain I ditch and authorize the Board Chair to execute acceptance. (Audio Reference 12m:44s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 9.B.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 9.B.
Vote: 4 - 0 – Unanimously
Attachments:
10.
Closed Session: (Audio Reference 13m:00s)
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following:
The Court proceeded into Closed Session at 9:58 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.
Vote: 4 - 0 – Unanimously
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following:
The Court proceeded into Closed Session at 9:58 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.
Vote: 4 - 0 – Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference item 10.A.
Reference item 10.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference item 11.B.
Reference item 11.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: (Audio Reference 13m:19s)
The Court reconvened from Closed Session at 10:03 A.M.
The Court reconvened from Closed Session at 10:03 A.M.
A.
Possible Action of Real Estate Acquisition (Audio Reference 13m:18s)
Raul Sesin stated that they would proceed as directed on item 11.A.
Raul Sesin stated that they would proceed as directed on item 11.A.
B.
Possible Action on Pending and/or Potential Litigation (Audio Reference 13m:22s)
No action was taken on item 11.B.
No action was taken on item 11.B.
12.
Adjourn (Audio Reference 13m:28s)
Judge Cortez adjourned the meeting at 10:04 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 4 - 0 – Unanimously
Judge Cortez adjourned the meeting at 10:04 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 4 - 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 10th day of March, 2020
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 March 10, 2020.
Signed this 10th day of March 2020
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 10th day of March, 2020
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 March 10, 2020.
Signed this 10th day of March 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy