SPECIAL MEETING - April 7, 2020
BE IT REMEMBERED, that on this 7th day of April 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 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 April 7, 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 04m:45s)
Judge Cortez called the meeting to order at 9:57 A.M.
All members of the court were present during the roll call, with the exception of Commissioner Flores who joined the meeting at a later time.
Judge Cortez called the meeting to order at 9:57 A.M.
All members of the court were present during the roll call, with the exception of Commissioner Flores who joined the meeting at a later time.
2.
Prayer (Audio Reference 06m:41s)
Raul Sesin offered the prayer.
The court proceeded to the approval of the Consent Agenda.
Raul Sesin offered the prayer.
The court proceeded to the approval of the Consent Agenda.
3.
Open Forum (Audio Reference 15m:15s)
Public participant Linda Falcon expressed her concern to the court of the procurement process for the "Right of Way Services" in Hidalgo County.
Commissioner Flores joined the meeting.
The court proceeded to item 8 - Closed Session.
Public participant Linda Falcon expressed her concern to the court of the procurement process for the "Right of Way Services" in Hidalgo County.
Commissioner Flores joined the meeting.
The court proceeded to item 8 - Closed Session.
4.
Approval of Consent Agenda (Audio Reference 08m:03s)
The court continued to the approval of the Consent Agenda.
The court continued to the approval of the Consent Agenda.
5.
General Operations:
A.
AI -75082
1. Presentation, discussion, and necessary action to approve the Order Continuing Local State of Disaster and Emergency Board of Directors' Orders for Hidalgo County Drainage District No. 1 due to public health emergency of the Covid-19 Virus (Audio Reference 08m:33s)
2. Presentation, discussion and authorization for the Chairman of the Board to sign the required documentation. (Audio Reference
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.A.1 & 2.
Vote: 4 - 0 -Unanimously
2. Presentation, discussion and authorization for the Chairman of the Board to sign the required documentation. (Audio Reference
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.A.1 & 2.
Vote: 4 - 0 -Unanimously
Attachments:
B.
AI -75096
Acceptance and approval of pre-qualified firms submitting "Statements of Qualifications" for the establishment of a "Pool" for engagement through statutory and local protocol (including but not limited to nomination, evaluation/grading/scoring, presentation to the Board for ranking, and authority for negotiations for final agreements, etc.) on an "As Needed Basis" per project requiring said services as set forth in the Request for Qualifications packet No. HCDD1-20-023-04-01 for: "Professional Real Estate Appraisal Services -Pool", for a period of One (1) year effective April 16, 2020. (Audio Reference 09m:40s)
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.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 5.B.
Vote: 4 - 0 – Unanimously
Attachments:
C.
AI -75088
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services. (Audio Reference 10m:21s)
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.1.
Vote: 4 - 0 – Unanimously
2. Presentation of scoring grid of firms graded through the District's "Pool" of pre-qualified Professional Engineers for the purpose of ranking by HCDD1 Board of Directors in connection with Professional Construction Materials Testing (CMT) Services On-Call (on an as needed basis) required for Hidalgo County Drainage District Projects. (Audio Reference 10m:37s)
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.C.2.
Vote: 4 - 0 – Unanimously
3.) Pursuant to the Boards approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Professional Services Agreement with the number one (1) ranked firm of: Millennium Engineers Group, Inc for the provisions of Professional Construction Materials (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District Projects. (Audio Reference 11m:16s)
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.C.3.
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.1.
Vote: 4 - 0 – Unanimously
2. Presentation of scoring grid of firms graded through the District's "Pool" of pre-qualified Professional Engineers for the purpose of ranking by HCDD1 Board of Directors in connection with Professional Construction Materials Testing (CMT) Services On-Call (on an as needed basis) required for Hidalgo County Drainage District Projects. (Audio Reference 10m:37s)
| (C-HCDD1-20-025-__-__) | ||
| FIRM NAME: | SCORE: | RANK: |
| Millennium Engineers Group, Inc. | 97.00 | |
| S & B Infrastructure, LTD | 93.33 | |
| Izaguirre Engineering Group, LLC | 87.00 |
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.C.2.
Vote: 4 - 0 – Unanimously
3.) Pursuant to the Boards approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Professional Services Agreement with the number one (1) ranked firm of: Millennium Engineers Group, Inc for the provisions of Professional Construction Materials (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District Projects. (Audio Reference 11m:16s)
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.C.3.
Vote: 4 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -75119
Discussion and Approval by Hidalgo County Drainage District No. 1 of Resolution recognizing the necessity of acquiring easements or rights of way or fee title in connection with the construction of Mile 9 N & FM 1015 Project in Hidalgo County, Texas and authorizing the acquisition of said easements or rights of way or fee title described in the Resolution and exhibits thereto by condemnation(eminent domain)or otherwise. Single vote shall apply to all units of property described in said Resolution. (Audio Reference 11m: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 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
7.
General Fund:
A.
AI -75075
Requesting ratification of approved Notice to Suspend Work Order, issued to Mor-Wil, LLC, awarded contractor related to Construction Contract No. C-HCDD1-20-001-02-11, "Hidalgo Drain & Dicker Road Box Culvert Crossing" to allow time to synchronize project with a TX-DOT project in the area for a simultaneous performance. Suspend Order Effective Date: 03-27-20. (Audio Reference 12m:22s)
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 7.A.
Vote: 4 - 0 -Unanimously
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 7.A.
Vote: 4 - 0 -Unanimously
Attachments:
B.
AI -75111
Recommending bid award and approval to issue a Purchase Order to the lowest and most responsible bidder meeting all requirements/specifications, Aguaworks Pipe & Supply, LLC, for the advertised RFB No. HCDD1-20-012-03-18,“PURCHASE OF ONE (1) CAST IRON SLUICE GATE (96’’x 96’’) for Proposed Mission Inlet Drainage Improvements Project, (Section C & F-Balboa Estates Area Drainage Improvements’’(subject to compliance with HB1295). (Audio Reference 12m:57s)
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 7.B.
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 7.B.
Vote: 4 - 0 – Unanimously
Attachments:
C.
AI -75128
1. Presentation of the statements of qualifications received for RFQ No. HCDD1-20-022-04-01 "Litigation (Legal) Services related to ongoing Litigation matter and pursuit of claims against one or more parties as needed", for the purpose of the following: (Audio Reference 13m:36s)
a. Evaluation and ranking by the Board of Directors or HCDD1 staff member(s) as delegated by the Board of Directors:
b. Pursuant to the Boards approval, authority for Hidalgo County Drainage District No. 1 to negotiate with the No. 1 ranked firm, ______________________________
Commissioner Fuentes requested time to further review the RFQ's that were submitted. (Audio Reference 14m:50s)
No action was taken on item 7.C.1 A&B.
The court returned to item 3 - Open Forum.
a. Evaluation and ranking by the Board of Directors or HCDD1 staff member(s) as delegated by the Board of Directors:
| FIRM NAME | EVALUATION/RANKING |
| 1). CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & AUGHTRY, P.C. | |
| 2). BUTCH BOYD LAW FIRM, P.C. |
b. Pursuant to the Boards approval, authority for Hidalgo County Drainage District No. 1 to negotiate with the No. 1 ranked firm, ______________________________
Commissioner Fuentes requested time to further review the RFQ's that were submitted. (Audio Reference 14m:50s)
No action was taken on item 7.C.1 A&B.
The court returned to item 3 - Open Forum.
8.
Closed Session: (Audio Reference 21m: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 10:12 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 continue into Closed Session.
Vote: 5 - 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 10:12 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 continue into Closed Session.
Vote: 5 - 0 – Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference item 9.A.
Reference item 9.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference item 9.B.
Reference item 9.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 8.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 8.C.
9.
Open Session: (Audio Reference 21m:41s)
The court resumed from Closed Session at 10:27 A.M.
The court continued to item 9.A.
The court resumed from Closed Session at 10:27 A.M.
The court continued to item 9.A.
A.
Possible Action of Real Estate Acquisition (Audio Reference 21m:45s)
Raul Sesin stated that they would proceed as directed.
Recommended by legal counsel the court approved the proceeding as directed.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to proceed as directed.
Vote: 5 - 0 – Unanimously
Raul Sesin stated that they would proceed as directed.
Recommended by legal counsel the court approved the proceeding as directed.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to proceed as directed.
Vote: 5 - 0 – Unanimously
B.
Possible Action on Pending and/or Potential Litigation (Audio Reference 21m:51s)
No action was taken on item 9.B.
No action was taken on item 9.B.
10.
Adjourn (Audio Reference 22m:22s)
Judge Cortez adjourned the meeting at 10:28 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: 5 - 0 – Unanimously
The court proceeded to the regular Commissioners' Court meeting.
Judge Cortez adjourned the meeting at 10:28 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: 5 - 0 – Unanimously
The court proceeded to the regular Commissioners' Court 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 7th day of April, 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 April 7, 2020.
Signed this 8th day of April 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 7th day of April, 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 April 7, 2020.
Signed this 8th day of April 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy