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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - March 16, 2021

BE IT REMEMBERED, that on this 16th day of March 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
March 16, 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:43s)

Judge Cortez called the meeting to order at 9:47 A.M.

All members of the Board were present during Roll Call, with the exception of Commissioner Fuentes and Commissioner Villarreal who joined at a later time.
 
2.
 
Prayer (Audio Reference 01m:14s)

Raul Sesin offered the prayer.

Commissioner Villarreal joined the meeting.
 
3.
 
Open Forum (Audio Reference 02m:52s)

There were no Open Forum Participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:59s)

The Board proceeded to approve the Consent Agenda.

The Board proceeded to item 5.C. (Audio Reference 03m:15s)
 
5.
 
General Operations:
 
A.
AI -80003
Discussion and update on 2015-2016 Flood State Mitigation Competition Funding from the Texas General Land Office as it relates to the Main Flood Water Channel Expansion Project Phase I & II.  (Audio Reference 08m:46s)

Raul Sesin with the Hidalgo County Drainage District No.1, came before the Board to update them on the application submitted for the 2015-2016 Flood State Mitigation Competition Funding from the Texas General Land Office for the Main Flood Water Channel Expansion Project Phase I & II. 

No action was taken on item 5.A.
 
B.
AI -80011
Discussion, consideration and possible action regarding authorization to publish notice of local bill (in compliance with Chapter 313, Texas Government Code) in The Monitor regarding bill authorizing District to sell Revenue Bonds and enter into Public-Private Partnerships (PPP). (Audio Reference 13m:06s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 5.B.

Vote: 5 - 0 - Unanimously 

The Board proceeded to item 7.A. (Audio Reference 08m:22s)
Attachments:
 
C.
AI -79994
Debt Service Fund-140
1. Approval to issue 3rd annual installment for ICA relating to South Detention Basin -Installment Agreement 2019-06-06 between the County of Hidalgo and Hidalgo County Drainage District No. 1.  Hidalgo County Invoice No. 123117-03 in the amount of $1,660,000.00. (Audio Reference 03m:15s)

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 item 5.C.1.

Vote: 4 - 0 – Unanimously

The Board proceeded to item 5.E. (Audio Reference 04m:02s)
 
D.
AI -80004
  1. Approval of an exemption from Competitive Bidding requirements under Texas Water Code§ 49.278(a)(2), contracts for Personal or Professional Services and Government Code Chapter 2254, Professional and Consulting Services based on demonstrated competence [at a fair and reasonable price]; (Audio Reference 21m:04s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on item 5.D.1.

Vote: 5 - 0 – Unanimously
 
  1. Acceptance and approval of a Professional Consulting Services Contract with Gregory Strategies, LLC in connection with strategic consulting and legislative advocacy services for HCDD1 to be paid from local funds;(Audio Reference 21m:45s)
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 5.D.2., subject to final legal review. 

 Vote: 5 - 0 – Unanimously

The Board proceeded to item 10 - Adjournment. (Audio Reference 22m:16s)
 
E.
AI -79972
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," 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 04m:02s) 

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 item 5.E.

Vote: 4 - 0 – Unanimously
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -79966
1.  Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-014-03-26), with B2Z Engineering, LLC, for the project: "Monte Cristo Rd. & Conway Rd. -2018 Bond Referendum Project #27", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of August 31, 2022 (subject to Legal review and compliance with HB1295).(Audio Reference 04m:35s)

Commissioner Fuentes joined the meeting.

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 item 6.A.1.

Vote: 5 - 0 – Unanimously
 
2.  Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-014-03-26), with  B2Z Engineering, LLC, for the project: "Monte Cristo Rd. & Conway Rd. -2018 Bond Referendum Project #27", to reflect a revised period of service to end on August 31, 2022 (subject Legal review and compliance with HB1295). (Audio Reference 05m:03s)

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 6.A.2.

Vote: 5 - 0 – Unanimously
 
B.
AI -79969
1.  Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-046-07-01), with Guzman & Munoz Engineering and Surveying, Inc., for the project: "Malone Drive & Pomelo Road (Project #18) and Old La Blanca & Mile 10 N (Project #28) -2018 Bond Referendum Projects", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of June 10 , 2021, (subject to Legal review and compliance with HB1295).(Audio Reference 05m:34s)

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 item 6.B.1.

Vote: 5 - 0 – Unanimously

2.  Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-046-07-01), with Guzman & Munoz Engineering and Surveying, Inc., for the project: "Malone Drive & Pomelo Road (Project #18) and Old La Blanca & Mile 10 N (Project #28) -2018 Bond Referendum Projects", to reflect a revised period of service to end on  June 10 , 2021, (subject Legal review and compliance with HB1295).(Audio Reference 06m:09s)

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 6.B.2.

Vote: 5 - 0 – Unanimously
 
C.
AI -79951
Approval to issue payment on the following items proceeding review and compliance of contract terms & conditions:

3 3/4 Mile Rd. & Schuerbach Rd.-Budget 502
1. Application for Payment No 4 in the amount of $122,854.50 from Gonzalez Engineering & Managment LLC pertaining to Construction Contract HCDD1-20-040-09-08. Project Engineer Javier Hinojosa. PO#640791

Reference item 6.C.7. 

Jackson Road Drain-Budget 516:
2. Application for Payment No. 1 in the amount of $133,540.16 from RG Enterprises, LLC DBA G&G Contractors pertaining to Construction Contract No. HCDD1-20-034-08-11. Project Engineer Quintanilla, Headley, & Associates. PO#640613

Reference item 6.C.7. 

Malone Drive & Pomelo Road-Budget 518:
3. Application for Payment No. 2 in the amount of $158,462.77 from Venser Contractors, LLC. pertaining to Construction Contract No. HCDD1-20-043-08-19. Project Engineer Guzman & Munoz Engineering. PO#641036

Reference item 6.C.7. 

Mile 9 & FM 1015-Budget 524
4. Application for Payment No. 3 in the amount of $64,250.40 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-039-08-25. Project Engineer Halff & Associates. PO#640715

Reference item 6.C.7. 

Mission Lateral Sec I-Budget 526:
5. Application for Payment No. 5 in the amount of $423,336.60 from Saenz Brothers Construction, LLC pertaining to Construction Contract No. HCDD1-19-074-11-26. Project Engineer L&G Engineering. PO#639234-R

Reference item 6.C.7. 

Mission Lateral Sec II-Budget 526:
6. Application for Payment No 3 in the amount of $155,038.50 from H&R Lease Service, LLC. pertaining to Construction Contract No. HCDD1-20-042-09-08. Project Engineer L&G Engineering. PO#640759

Reference item 6.C.7. 

Sunflower Drain-Budget 536:
7. Application of Payment No. 1 in the amount of $463,804.86 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-041-08-12. Project Engineer Izaguirre Engineering Group. PO#640784 (Audio Reference 06m:47s)

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 items 6.C.1, 2, 3, 4, 5, 6 & 7. 

Vote: 5 - 0 -Unanimously 

The Board proceeded to item 5.A. (Audio Reference 08m:46s)
 
7.
 
General Fund:
 
A.
AI -79928
1. Requesting approval to create Admin Slot 38, Engineering Technician IV, and set salary at G14 and discretionary S2 to attract experience candidates with superior qualifications.  (Audio Reference 18m:22s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, 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. Requesting approval of Budget Amendment to fund item 1
3. Requesting approval of revised salary schedule (Audio Reference 18m:58s)

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 7.A.2. & 3.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI -79980
Requesting authority to advertise and approval of procurement packet (i.e., legal notice,specifications, draft contract etc.,) as attached hereto for: Hidalgo County Drainage District No. 1 "Sale and Removal of Fill Dirt -South Main Drain Excavation Schematic (Between McColl Rd. & Closner Rd.), RFB No. HCDD1-21-015-04-07, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required. (Audio Reference 19m:19s)

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 7.B.

Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI -79927
Requesting approval to issue a Notice to Resume Work Order No. 2, to Mor-Wil, LLC, awarded contractor for the project: "Hidalgo Drain & Dicker Road Box Culvert Crossing" , contract No. C-HCDD1-20-001-02-11 , as recommended by project engineer: Jose Noe Saldivar, P.E., CFM., HCDD1 Engineer IV, and approved by HCDD1 General Manager, Raul E. Sesin, P.E., CFM. Resume Work Order Effective date:  March 9, 2021. (Subject to compliance to HB1295). (Audio Reference 19m:47s)

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.C.
                                                        
 Vote: 5 - 0 – Unanimously
Attachments:
 
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 20m:19s)

The Board proceeded into Closed Session at 10:07 A.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board 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.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

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.
 
9.
 
Open Session: (Audio Reference 20m:54s)

The Board returned from Closed Session at 10:18 A.M.

The Board proceeded to item 5.D.1. for further discussion. (Audio Reference 21m:02s)
 
A.
 
Possible Action of Real Estate Acquisition

No action was taken on item 9.A.
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on item 9.B.
 
10.
 
Adjourn (Audio Reference 22m:16s)

Judge Cortez adjourned the meeting at 10:19 A.M.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, 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 16th day of March, 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 March 16, 2021. 

Signed this 17th day of March, 2021




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County


By: ____________________________
(Seal) Victoria Brewster, Deputy