SPECIAL MEETING - February 2, 2021
BE IT REMEMBERED, that on this 2nd day of February 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 February 2, 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 00m:48s)
Judge Cortez called the meeting to order at 9:46 A.M.
All members of the Board were present during Roll Call.
Judge Cortez called the meeting to order at 9:46 A.M.
All members of the Board were present during Roll Call.
2.
Prayer (Audio Reference 01m:23s)
Raul Sesin offered the prayer.
Raul Sesin offered the prayer.
3.
Open Forum (Audio Reference 03m:26s)
There were no Open Forum Participants.
There were no Open Forum Participants.
4.
Approval of Consent Agenda (Audio Reference 03m:33s)
The Board proceed to the approval of the Consent Agenda.
The Board proceed to the approval of the Consent Agenda.
5.
General Operations:
A.
AI -79410
Discussion and approval of Hidalgo County Drainage District No.1 - 2021 Legislative Priorities. (Audio Reference 04m:04s)
Jaime Salazar with Hidalgo County Drainage District No. 1, came before the Board to present them with future projects throughout Hidalgo County.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on item 5.A.
Vote: 5 - 0 – Unanimously
Jaime Salazar with Hidalgo County Drainage District No. 1, came before the Board to present them with future projects throughout Hidalgo County.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on item 5.A.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -79401
Requesting approval of final negotiated Agreement/LOE No. C-HCDD1-20-069-02-02), with Estrada Hinojosa & Company, Inc., for "Financial Advisory Services" for the Hidalgo County Drainage District No.1, as approved for negotiations by the HCDD1 Board of Directors on AI# 78882(12-29-20). (Subject to legal review and compliance to HB1295) (Audio Reference 11m:54s)
Judge Cortez stated for the record that Commissioner Cantu would abstain from any discussion and/or action on item 5.B.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on item 5.B.
Vote: 4 - 0 – Unanimously
Judge Cortez stated for the record that Commissioner Cantu would abstain from any discussion and/or action on item 5.B.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on item 5.B.
Vote: 4 - 0 – Unanimously
6.
2018 Bond Referendum Projects:
A.
AI -79409
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 the J-08 2018 Bond No. 15A and 15B 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 13m:54s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board 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. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on item 6.A.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -79390
Malone Drive & Pomelo Rd-Budget 518
1. Application for Payment No. 1 in the amount of $94,084.20 from Venser Contractors, LLC pertaining to Construction Contract No. HCDD1-20-043-09-15-Malone Drive & Pomelo Rd. Project Engineer: Jose Munoz, P.E. PO#641036. (Audio Reference 14m:30s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on item 6.B.1.
Vote: 5 - 0 – Unanimously
Mile 9 N & FM 1015-Budget 524
2. Application for Payment No. 1 in the amount of $62,125.13 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-039-08-25 Mile 9 N & FM 1015 Package 1a Improvements. Project Engineer: Robert L Saenz, P.E. PO#640715.
Reference item 6.B.4
Old La Blanca & Mile 10 N-Budget 528
3. Application for Payments No. 1 in the amount of $16,650.00 from Venser Contractors, LLC pertaining to Construction No. HCDD1-20-044-09-15 Old La Blanca & Mile 1015. Project Engineer: Jose Munoz, P.E. PO#641035.
Reference item 6.B.4
PD Lateral (Ph.II)-Budget 529
4. Application for Payment No. 2 in the amount of $47,132.32 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-029-06-23 PD Lateral (Phase II). Project Engineer: Gilbert A. Garcia, P.E. PO#640212. (Audio Reference 14m:54s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on items 6.B.2, 3., & 4.
Vote: 5 - 0 – Unanimously
1. Application for Payment No. 1 in the amount of $94,084.20 from Venser Contractors, LLC pertaining to Construction Contract No. HCDD1-20-043-09-15-Malone Drive & Pomelo Rd. Project Engineer: Jose Munoz, P.E. PO#641036. (Audio Reference 14m:30s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on item 6.B.1.
Vote: 5 - 0 – Unanimously
Mile 9 N & FM 1015-Budget 524
2. Application for Payment No. 1 in the amount of $62,125.13 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-039-08-25 Mile 9 N & FM 1015 Package 1a Improvements. Project Engineer: Robert L Saenz, P.E. PO#640715.
Reference item 6.B.4
Old La Blanca & Mile 10 N-Budget 528
3. Application for Payments No. 1 in the amount of $16,650.00 from Venser Contractors, LLC pertaining to Construction No. HCDD1-20-044-09-15 Old La Blanca & Mile 1015. Project Engineer: Jose Munoz, P.E. PO#641035.
Reference item 6.B.4
PD Lateral (Ph.II)-Budget 529
4. Application for Payment No. 2 in the amount of $47,132.32 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-029-06-23 PD Lateral (Phase II). Project Engineer: Gilbert A. Garcia, P.E. PO#640212. (Audio Reference 14m:54s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on items 6.B.2, 3., & 4.
Vote: 5 - 0 – Unanimously
Attachments:
7.
General Fund:
A.
AI -79406
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services. (Audio Reference 15m:54s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on item 7.A.1.
Vote: 5 - 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 Engineering Services for the project: "365 Roadway System Off-Site Drainage Improvements". (Audio Reference 16m:07s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on item 7.A.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 Engineering Services Agreement with the number one (1) ranked firm of: L & G Consulting Engineers, Inc., d/b/a L&G Engineering for the provisions of Professional Engineering Services for the project: "365 Roadway System Off-Site Drainage Improvements". (Audio Reference 16m:38s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on item 7.A.3.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on item 7.A.1.
Vote: 5 - 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 Engineering Services for the project: "365 Roadway System Off-Site Drainage Improvements". (Audio Reference 16m:07s)
| (C-HCDD1-21-009-__-__) | ||
| FIRM NAME: | SCORE: | RANK: |
| L & G Consulting Engineers, Inc., d/b/a L&G Engineering | 97.33 | |
| Halff Associates, Inc. | 96.33 | |
| Cruz-Hogan Consultants, Inc. | 92.00 |
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on item 7.A.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 Engineering Services Agreement with the number one (1) ranked firm of: L & G Consulting Engineers, Inc., d/b/a L&G Engineering for the provisions of Professional Engineering Services for the project: "365 Roadway System Off-Site Drainage Improvements". (Audio Reference 16m:38s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on item 7.A.3.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -79403
Requesting ratification of approved Notice to Suspend Work Order No. 2, issued to Mor-Wil, LLC, awarded contractor for Contract No. C-HCDD1-20-001-02-11, "Hidalgo Drain & Dicker Road Box Culvert Crossing" as approved by HCDD1 General Manager, Mr. Raul E. Sesin, P.E., CFM., with Suspend Work Order No. 2 Effective Date of: January 22, 2021. (Audio Reference 17m:03s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on item 7.B.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on item 7.B.
Vote: 5 - 0 – Unanimously
Attachments:
8.
Closed Session: (Audio Reference 18m:05s)
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 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:
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 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.
1.
AI -79416
Consultation with Legal Counsel regarding Hidalgo County Drainage District No. 1 vs. Godfrey Garza et al, Cause No. C-0373-17-E, pending in the 275th District Court of Hidalgo County, Texas.
9.
Open Session: (Audio Reference 18m:30s)
The Board returned from Closed Session at 10:42 A.M.
The Board proceeded to Adjournment. (Audio Reference 18m:50s)
The Board returned from Closed Session at 10:42 A.M.
The Board proceeded to Adjournment. (Audio Reference 18m:50s)
A.
Possible Action of Real Estate Acquisition
The Board took no action on item 9.A.
The Board took no action on item 9.A.
B.
Possible Action on Pending and/or Potential Litigation
The Board took no action on item 9.B.
The Board took no action on item 9.B.
10.
Adjourn (Audio Reference 18m:50s)
Judge Cortez adjourned the meeting at 10:43 A.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 – Unanimously
Judge Cortez adjourned the meeting at 10:43 A.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board 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 2nd day of February, 2021
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Victoria Brewster, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on February 2, 2021
Signed this 3rd day of February 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Victoria Brewster, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 2nd day of February, 2021
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Victoria Brewster, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on February 2, 2021
Signed this 3rd day of February 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Victoria Brewster, Deputy