REGULAR MEETING - March 23, 2021
BE IT REMEMBERED, that on this 23rd day of March A.D., 2021, there was begun and held a REGULAR 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 23, 2021 1:30 P.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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 :42s)
Judge Cortez called the meeting to order at 1:32 P.M.
All members of the board were present during the roll call, with the exception of Commissioner Torres and Commissioner Villarreal. The commissioners joined the meeting at a later time.
Judge Cortez called the meeting to order at 1:32 P.M.
All members of the board were present during the roll call, with the exception of Commissioner Torres and Commissioner Villarreal. The commissioners joined the meeting at a later time.
2.
Prayer (Audio Reference 01m:02s)
General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
3.
Open Forum (Audio Reference 02m:44s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 02m:51s)
The board moved to approve the Consent Agenda.
The board moved to approve the Consent Agenda.
5.
General Operations:
A.
AI -80075
A. Requesting approval of a Budget Amendment from the District's General Fund in the amount of $ 2,467,671 to fund the open purchase orders made from our 2020 Budget for purchases and services that will be received and paid out of the District 2021 Budget year. (Audio Reference 03m:05s)
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 agenda item 5.A.
Vote: 3 - 0 – Unanimously
B. Request approval to reserve up to $100,000 from the District's General Fund, in order to advance to Special Revenue Fund 123 - Raymondville Drain-Restore Act Grant fund. Cash flow is needed for expenditures performed on this project until grant fund receives reimbursement from TCEQ. Upon completion of grant, all funds will be returned to General Fund. (Audio Reference 03m:30s)
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 agenda item 5.B.
Vote: 3 - 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 agenda item 5.A.
Vote: 3 - 0 – Unanimously
B. Request approval to reserve up to $100,000 from the District's General Fund, in order to advance to Special Revenue Fund 123 - Raymondville Drain-Restore Act Grant fund. Cash flow is needed for expenditures performed on this project until grant fund receives reimbursement from TCEQ. Upon completion of grant, all funds will be returned to General Fund. (Audio Reference 03m:30s)
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 agenda item 5.B.
Vote: 3 - 0 – Unanimously
Attachments:
B.
AI -80061
Fund 130-Budget 010 Raymondville Drain
Fund 130: Requesting approval to pay from TWDB Reimbursement Funds $49,259.79 to Hidalgo County Precinct 4 for construction of Segment 1 of the Raymondville Drain for pay period 3 (1/18/2021 to 01/31/2021).(Audio Reference 03m: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 agenda item 5.B.
Vote: 3 - 0 – Unanimously
Fund 130: Requesting approval to pay from TWDB Reimbursement Funds $49,259.79 to Hidalgo County Precinct 4 for construction of Segment 1 of the Raymondville Drain for pay period 3 (1/18/2021 to 01/31/2021).(Audio Reference 03m: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 agenda item 5.B.
Vote: 3 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -80068
Presentation and update on Hidalgo County Drainage District No.1 Drainage Advisory Committee Meeting / 2018 Bond Program Dashboard. (Audio Reference 04m:23s)
Raul Sesin stated that the main focus of the meeting was the 2018 Bond Program Dashboard, and introduced Jesse Ozuna with B2Z Engineering, who highlighted the 5 major points of the dashboard to the board with realtime information.
Commissioners Torres and Villarreal joined the meeting.
No action was taken on agenda item 6.A.
Raul Sesin stated that the main focus of the meeting was the 2018 Bond Program Dashboard, and introduced Jesse Ozuna with B2Z Engineering, who highlighted the 5 major points of the dashboard to the board with realtime information.
Commissioners Torres and Villarreal joined the meeting.
No action was taken on agenda item 6.A.
B.
AI -80069
Requesting approval of Utility Crossing Permit application in the amount of $7,950.00 with United Irrigation District of Hidalgo County as it relates to 2018 Bond Program Project No. 2 (3 3/4 Mile Road and Schuerbach Rd. Drainage Improvements) and approval for Drainage District General Manager to execute. (Audio Reference 21m:13s)
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 agenda item 6.B.
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 agenda item 6.B.
Vote: 5 - 0 – Unanimously
Attachments:
C.
AI -80052
1. Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-010-03-26), with B2Z Engineering, LLC, for the project: "Mission-McAllen Rado Alternate -2018 Bond Referendum Project #25", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of October 31, 2022, (subject to Legal review and compliance with HB1295). (Audio Reference 21m:43s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 6.C.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-HCDD1-19-010-03-26), with B2Z Engineering, LLC, for the project: "Mission-McAllen Rado Alternate -2018 Bond Referendum Project #25", to reflect a revised period of service to end on October 31, 2022, (subject Legal review and compliance with HB1295). (Audio Reference 22m:14s)
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 agenda item 6.C.2.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 6.C.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-HCDD1-19-010-03-26), with B2Z Engineering, LLC, for the project: "Mission-McAllen Rado Alternate -2018 Bond Referendum Project #25", to reflect a revised period of service to end on October 31, 2022, (subject Legal review and compliance with HB1295). (Audio Reference 22m:14s)
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 agenda item 6.C.2.
Vote: 5 - 0 – Unanimously
Attachments:
D.
AI -80060
Requesting approval of Change Order No. 2 reflecting an increase in the amount of $443,151.48, and additional one hundred and fifty (150) construction calendar days, in connection with the Contract No. C-HCDD1-20-026-06-23 -"PD Lateral (Phase I) -2018 Bond Referendum Project #29" with Mor-Wil, LLC, as recommended by Project Engineer, Izaguirre Engineering Group, LLC. (Audio Reference 22m:44s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 6.D.
Vote: 5 - 0 -Unanimously
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 6.D.
Vote: 5 - 0 -Unanimously
Attachments:
E.
AI -80059
Requesting approval of Change Order No. 2 reflecting an increase in the amount of $210,103.89 , and additional one hundred and fifty (150) construction calendar days, in connection with the Contract C-HCDD1-20-029-06-23-"PD Lateral (Phase II) -2018 Bond Referendum Project #29" with Mor-Wil, LLC, and as recommended by Project Engineer, Izaguirre Engineering Group. (Audio Reference 23m:19s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 6.E.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 6.E.
Vote: 5 - 0 - Unanimously
Attachments:
F.
AI -80086
PD Lateral Phase I - Budget 529
1. Requesting approval of Pay Application No. 3 from Mor-Wil, LLC in the amount of $393,471.35 pertaining to construction contract No. HCDD1-20-026-06-23 PD Lateral. Project Engineer Izaguire Engineering. PO#640211 (Audio Reference 23m:48s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 6.F.1.
Vote: 5 - 0 - Unanimously
1. Requesting approval of Pay Application No. 3 from Mor-Wil, LLC in the amount of $393,471.35 pertaining to construction contract No. HCDD1-20-026-06-23 PD Lateral. Project Engineer Izaguire Engineering. PO#640211 (Audio Reference 23m:48s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 6.F.1.
Vote: 5 - 0 - Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -80073
Requesting approval of Change Order No. 2 reflecting an increase in the amount of $218,952.00, and additional ninety (90) construction calendar days, in connection with the Contract C-HCDD1-20-038-09-08-"Delta Regional Water Management Project Phase I (Panchitas Detention Pond) -2013 Bond Series" with Saenz Brothers Construction, and as recommended by Project Engineer, Jose Noe Saldivar, P.E., HCDD1 Engineer IV. (Subject to compliance to HB1295) (Audio Reference 24m:08s)
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 agenda item 7.A.
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 agenda item 7.A.
Vote: 5 - 0 – Unanimously
Attachments:
8.
TCEQ Raymondville Drain Project Phase 2:
A.
AI -80088
A. Request approval of Invoice No. U3064-01 in the amount of $47,575.09 from S & B Infrastructure for Engineering services performed through February 28, 2021. for the Raymondville Drain Phase II- Restore Act. (Audio Reference 24m:42s)
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 agenda item 8.A.A.
Vote: 5 - 0 -Unanimously
B. Request approval of Invoice No. 50121 and 50130 in the amount of $4,134.97 and $4,319.98, respectively, for Engineering services performed though December 2020, and January 2021 for the Raymondville Drain Phase II- Restore Act. (Audio Reference 25m:04s)
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 agenda item 8.A.B.
Vote: 5 - 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 agenda item 8.A.A.
Vote: 5 - 0 -Unanimously
B. Request approval of Invoice No. 50121 and 50130 in the amount of $4,134.97 and $4,319.98, respectively, for Engineering services performed though December 2020, and January 2021 for the Raymondville Drain Phase II- Restore Act. (Audio Reference 25m:04s)
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 agenda item 8.A.B.
Vote: 5 - 0 – Unanimously
Attachments:
9.
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:
The board did not proceed into 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:
The board did not proceed into Closed Session.
A.
Real Property (Tex. Gov't. Code 551.072)
Reference agenda item 10.A.
Reference agenda item 10.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference agenda item 10.B.
Reference agenda item 10.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 9.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 9.C.
10.
Open Session:
The board did not proceed into Open Session.
The board did not proceed into Open Session.
A.
Possible Action of Real Estate Acquisition
No action was taken on agenda item 10.A.
No action was taken on agenda item 10.A.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 10.B.
No action was taken on agenda item 10.B.
11.
Adjourn (Audio Reference 25m:29s)
Judge Cortez adjourned the meeting at 1:58 P.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 - Unanimously
Judge Cortez adjourned the meeting at 1:58 P.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, 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 23rd day of March, 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 March 23, 2021.
Signed this 24th day of March 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 23rd day of March, 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 March 23, 2021.
Signed this 24th day of March 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy