SPECIAL MEETING - January 12, 2021
BE IT REMEMBERED, that on this 12th day of January A.D., 2021, 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 EVERARDO "EVER" VILLARREAL 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 January 12, 2021 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:
In accordance with section 418.016 of the Texas Government Code, Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location. As a result, all or some government officials may participate via video conference. Additionally, members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive
To participate in public comment, please call: (956) 292-7630 and you will be given further instruction and be provided with a toll free number at that time.
1.
Roll Call (Audio Reference :53s)
Judge Cortez called the meeting to order at 9:46 A.M.
All members of the board were present during the roll call.
Judge Cortez called the meeting to order at 9:46 A.M.
All members of the board were present during the roll call.
2.
Prayer (Audio Reference 01m:13s)
Jaime Salazar offered the prayer.
Jaime Salazar offered the prayer.
3.
Open Forum (Audio Reference 05m:07s)
Open Forum Participant and Owner of First Prodigy Right of Way Services, Linda Falcon, came before the board in regards to Right of Way Service provision for the county.
Open Forum Participant and Owner of First Prodigy Right of Way Services, Linda Falcon, came before the board in regards to Right of Way Service provision for the county.
4.
Approval of Consent Agenda (Audio Reference 07m:50s)
The board proceeded to the approval the Consent Agenda.
The board proceeded to the approval the Consent Agenda.
5.
General Operations:
A.
AI -79094
Requesting approval of Applicant Funding Certification Form for the South Main Drain Expansion Project Flood Mitigation Assistance Program 2021 and approval for Drainage District General Manager to execute. (Audio Reference 08m:11s)
Raul Sesin gave an overview of the required commitment if awarded the funds based on 3 criterias being; no loss 75 Federal Government/25 Drainage District, repetitive loss 90/10, and severe loss 100/0. Mr. Sesin stated that he believes that the area would fall into repetitive loss via 90/10. Finally, Mr. Sesin stated that the total amount of the application is approximately $10M.
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.A.
Vote: 5 - 0 - Unanimously
Raul Sesin gave an overview of the required commitment if awarded the funds based on 3 criterias being; no loss 75 Federal Government/25 Drainage District, repetitive loss 90/10, and severe loss 100/0. Mr. Sesin stated that he believes that the area would fall into repetitive loss via 90/10. Finally, Mr. Sesin stated that the total amount of the application is approximately $10M.
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.A.
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI -79092
Requesting approval of First Amended Resolution as it relates to Hidalgo County Drainage District No.1 participation with the Lower Rio Grande Valley Development Council grant application with the Texas Water Development Board previously approved on July 9, 2020. (Audio Reference 10m:23s)
Raul Sesin stated that there was a typographical error on the previously approved resolution, in which the commitment amount should of stated $443,500.00, and not $438,500.00.
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.B.
Vote: 5 - 0 – Unanimously
Raul Sesin stated that there was a typographical error on the previously approved resolution, in which the commitment amount should of stated $443,500.00, and not $438,500.00.
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.B.
Vote: 5 - 0 – Unanimously
Attachments:
C.
AI -79015
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 Services" for the following:
1. Professional Engineering Services - RFQ No. HCDD1-21-001-02-03;
2. Surveying Services - RFQ No. HCDD1-21-002-02-03;
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 11m:09s)
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 & 2.
Vote: 5 - 0 – Unanimously
1. Professional Engineering Services - RFQ No. HCDD1-21-001-02-03;
2. Surveying Services - RFQ No. HCDD1-21-002-02-03;
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 11m:09s)
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 & 2.
Vote: 5 - 0 – Unanimously
D.
AI -79077
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) 60 Inch Inline Check Valve for J-08 Drain (10th Street Crossing)’’, RFB No. HCDD1-21-006-02-03, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required. (Audio Reference 11m:51s)
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.D.
Vote: 5 - 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.D.
Vote: 5 - 0 – Unanimously
Attachments:
E.
AI -79040
Requesting approval to accept bids and approval to execute Requirements Agreements with multiple vendors submitting the lowest and best bid, and meeting all specified requirements for RFB No.HCDD1-20-064A-12-16 "Inlet, Manholes, and Related Items", subject to legal review and compliance to HB1295. (Audio Reference 12m:20s)
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.E.
Vote: 5 - 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.E.
Vote: 5 - 0 – Unanimously
Attachments:
F.
AI -79010
1. Approval to release a Request for Qualifications for Professional Engineering Services as the Planning Group Sponsor for the Region 15 Lower Rio Grande Regional Flood Planning Group subject to approval of the RFQ By Regional Flood Planning Group. (Audio Reference 12m:44s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on item 5.F.1.
Vote: 5 - 0 - Unanimously
2. Pursuant to Board's approval, 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 "Professional Engineering Services for Regional Flood Planning for Region 15 Lower Rio Grande", RFQ No. HCDD1-21-003-02-03, including the re-advertisement of RFQ in the event RFQ's are rejected or no responses are received and services are still required (Audio Reference 14m:50s)
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.2.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on item 5.F.1.
Vote: 5 - 0 - Unanimously
2. Pursuant to Board's approval, 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 "Professional Engineering Services for Regional Flood Planning for Region 15 Lower Rio Grande", RFQ No. HCDD1-21-003-02-03, including the re-advertisement of RFQ in the event RFQ's are rejected or no responses are received and services are still required (Audio Reference 14m:50s)
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.2.
Vote: 5 - 0 - Unanimously
G.
AI -79019
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Surveying Services. (Audio Reference 15m:28s)
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.G.1.
Vote: 5 - 0 – Unanimously
2. Presentation of scoring grid of firms graded through the District's "Pool" of pre-qualified Professional Surveyors for the purpose of ranking by HCDD1 Board of Directors in connection with Professional Surveying Services On-Call (on an as needed basis) required for Hidalgo County Drainage District Projects. (Audio Reference 15m:47s)
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.G.2, as ranked.
Vote: 5 - 0 – Unanimously
3.) Pursuant to the Boards approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Professional Surveying Services Agreement with the number one (1) ranked firm of: Quintanilla, Healey & Associates for the provisions of Professional Surveying Services On-Call (on an as needed basis) for Hidalgo County Drainage District Projects. (Audio Reference 16m:28s)
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.3.
Vote: 5 - 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.G.1.
Vote: 5 - 0 – Unanimously
2. Presentation of scoring grid of firms graded through the District's "Pool" of pre-qualified Professional Surveyors for the purpose of ranking by HCDD1 Board of Directors in connection with Professional Surveying Services On-Call (on an as needed basis) required for Hidalgo County Drainage District Projects. (Audio Reference 15m:47s)
| (C-HCDD1-21-004-__-__) | ||
| FIRM NAME: | SCORE: | RANK: |
| Quintanilla, Healey & Associates | 96.33 | |
| Halff Associates, Inc. | 96.00 | |
| TEDSI Infrastructure Group, Inc. | 93.33 |
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.G.2, as ranked.
Vote: 5 - 0 – Unanimously
3.) Pursuant to the Boards approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Professional Surveying Services Agreement with the number one (1) ranked firm of: Quintanilla, Healey & Associates for the provisions of Professional Surveying Services On-Call (on an as needed basis) for Hidalgo County Drainage District Projects. (Audio Reference 16m:28s)
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.3.
Vote: 5 - 0 - Unanimously
Attachments:
H.
AI -79023
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Surveying Services. (Audio Reference 16m:51s)
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.H.1.
Vote: 5 - 0 – Unanimously
2. Presentation of scoring grid of firms graded through the District's "Pool" of pre-qualified Professional Surveyors for the purpose of ranking by HCDD1 Board of Directors in connection with Professional Surveying Services On-Call (on an as needed basis) required for Hidalgo County Drainage District Projects. (Audio Reference 17m:10s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on item 5.H.2, as ranked.
Vote: 5 - 0 – Unanimously
3.) Pursuant to the Boards approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Professional Surveying Services Agreement with the number one (1) ranked firm of: SAMES, Inc. for the provisions of Professional Surveying Services On-Call (on an as needed basis) for Hidalgo County Drainage District Projects. (Audio Reference 17m:45s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on item 5.H.3.
Vote: 5 - 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.H.1.
Vote: 5 - 0 – Unanimously
2. Presentation of scoring grid of firms graded through the District's "Pool" of pre-qualified Professional Surveyors for the purpose of ranking by HCDD1 Board of Directors in connection with Professional Surveying Services On-Call (on an as needed basis) required for Hidalgo County Drainage District Projects. (Audio Reference 17m:10s)
| (C-HCDD1-21-005-__-__) | ||
| FIRM NAME: | SCORE: | RANK: |
| SAMES, Inc. | 96.33 | |
| Guzman & Munoz Engineering and Surveying, Inc. | 93.00 | |
| Vickrey & Associates, Inc. | 93.00 |
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on item 5.H.2, as ranked.
Vote: 5 - 0 – Unanimously
3.) Pursuant to the Boards approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Professional Surveying Services Agreement with the number one (1) ranked firm of: SAMES, Inc. for the provisions of Professional Surveying Services On-Call (on an as needed basis) for Hidalgo County Drainage District Projects. (Audio Reference 17m:45s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on item 5.H.3.
Vote: 5 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -79099
Acceptance and approval of Supplemental Agreement No. 1 for services under Work Authorization No. 4, through Contract No. C-HCDD1-19-033-05-07 with B2Z Engineering, LLC, resulting in an estimated cost increase of $8,725.78 for Laboratory Services for the Mission Lateral (Section 1) Project. (Audio Reference 18m:08s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on item 6.A.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on item 6.A.
Vote: 5 - 0 – Unanimously
7.
Right of Way Acquisitions:
8.
Closed Session:
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following: (Audio Reference 18m:37s)
The board proceeded into Closed Session at 10:04 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to proceed 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: (Audio Reference 18m:37s)
The board proceeded into Closed Session at 10:04 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.
Vote: 5 - 0 - Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference agenda item 9.A.
Reference agenda item 9.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference agenda item 9.B.
Reference agenda 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 agenda 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 agenda item 8.C.
a.
AI -79095
Consultation with legal counsel regarding Raquel De Alba et al vs. Hidalgo County, Hidalgo County Drainage District No. 1 et al, Cause No. C-2480-18-I, pending in the 398th District Court of Hidalgo County, Texas, and deliberation regarding joint representation agreement.
Reference agenda item 9.B.a
Reference agenda item 9.B.a
9.
Open Session: (Audio Reference 19m:20s)
The board returned from Closed Session at 10:30 A.M.
The board proceeded to agenda item 9.B.a.
The board returned from Closed Session at 10:30 A.M.
The board proceeded to agenda item 9.B.a.
A.
Possible Action of Real Estate Acquisition
No action was taken on agenda item 9.A.
No action was taken on agenda item 9.A.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 9.B.
No action was taken on agenda item 9.B.
a.
AI -79096
Consultation with legal counsel regarding Raquel De Alba et al vs. Hidalgo County, Hidalgo County Drainage District No. 1 et al, Cause No. C-2480-18-I, pending in the 398th District Court of Hidalgo County, Texas, and deliberation regarding joint representation agreement. (Audio Reference 19m:20s)
Legal Counselor, Ivan Perez, requested the board's approval of the joint representation agreement as discussed in Closed Session.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval as requested by Legal Counselor, Ivan Perez on agenda item 9.B.a.
Vote: 5 - 0 – Unanimously
Legal Counselor, Ivan Perez, requested the board's approval of the joint representation agreement as discussed in Closed Session.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval as requested by Legal Counselor, Ivan Perez on agenda item 9.B.a.
Vote: 5 - 0 – Unanimously
10.
Adjourn (Audio Reference 19m:57s)
Judge Cortez adjourned the meeting at 10:31 A.M.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 -Unanimously
Judge Cortez adjourned the meeting at 10:31 A.M.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
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 12th day of January, 2021
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 January 12, 2021.
Signed this 13th day of January 2021
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 12th day of January, 2021
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 January 12, 2021.
Signed this 13th day of January 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy