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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - May 18, 2021

BE IT REMEMBERED, that on this 18th day of May A.D., 2021, there was begun and held a SPECIAL MEETING of the Honorable Board of Directors 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
May 18, 2021
9:45 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Board of Directors 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 :34s)

Judge Cortez called the meeting to order at 9:48 A.M.

All members of the board were present during the roll call, with the exception of Commissioners Cantu and Torres, who joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference :50s)

Raul Sesin, General Manager of Hidalgo County Drainage District No.1, offered the prayer.

Commissioner Cantu joined the meeting.
 
3.
 
Open Forum (Audio Reference 02m:43s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:50s)

The board proceeded to the approval of the Consent Agenda.
 
5.
 
General Operations:
 
A.
AI -80744
Consideration  and approval a Resolution Authorizing Issuance, Sale and Deliver of  Hidalgo County Drainage District No. 1 Unlimited Tax Improvement Bonds, Taxable Series 2021 under the provision of Chapter 56 et. seq., Texas Water Code;  payable from the levy of a direct and continuing annual ad valorem tax authorized pursuant to  Chapter 49 and Chapter 56 of the Texas Water Code; prescribing the term and form thereof; providing for the payment of the principle thereof;and making other provisions regarding such bonds and matters incident thereto. (Audio Reference 03m:12s)

Commissioner Torres joined the meeting.

Financial Advisor, Noe Hinojosa, presented an overview to the board on how the issuance would impact the tax payers, and the possibility of selling the remaining bonds.

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: 5 - 0 – Unanimously
 
B.
AI -80866
 1.) Discussion, consideration, and action on the Hidalgo County Drainage District No. 1 Pre-Enrollment & Enrollment Policy and Procedures. (Pending Final Legal Review) (Audio Reference 12m:35s)

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

Vote: 5 - 0 -Unanimously 
Attachments:
 
C.
AI -80865
1. Discussion and consideration and possible action on the attached Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse Policy. (Audio Reference 13m:12s)

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

Vote: 5 - 0 - Unanimously 

2. Discussion, consideration and possible action on the attached General Consent Form for Limited Queries of the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse. (Audio Reference 13m:42s)

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 5.C.2.

Vote: 5 - 0 – Unanimously
Attachments:
 
D.
AI -80864
1. Discussion and consideration and possible action on the attached E-Verify Memorandum of Understanding for Employers between Hidalgo County Drainage District No. 1 and the Department of Homeland Security. (Pending final legal review) (Audio Reference 13m:56s)

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 5.D.1.

Vote: 5 - 0 -Unanimously 

2. Pursuant to the Boards approval on the above item requesting authority for the Drainage District's General Manager or Designee to execute (via electronic signature) the E-Verify Memorandum of Understanding (MOU). (Audio Reference 14m:12s)

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 5.D.2.

Vote: 5 - 0 – Unanimously
Attachments:
 
E.
AI -80030
Requesting approval to accept the final negotiated Professional Services Agreement with Halff Associates, Inc., as it relates to ''Professional Engineering Services for Region 15 Flood Planning'', C-HCDD1-21-003-05-18. Approved for negotiations by HCDD1 Board of Directors on (03/02/21), AI-79746   (Subject to final legal review and compliance with HB-1295). (Audio Reference 14m:26s)

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 agenda item 5.E.

 Vote: 5 - 0 - Unanimously
Attachments:
 
F.
AI -80195
Requesting approval to accept the Professional Consulting & Web Hosting Services Agreement with ezTask.com, Inc., as it relates to ''Web Design & Development for Region 15 Lower Rio Grande Flood Planning'', C-HCDD1-21-008-05-18 with authority for the HCDD1 General Manager or his designee to sign the agreement. (Subject to final legal review and compliance with HB-1295). (Audio Reference 15m:08s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 5.F.
                                                                              
Vote: 5 - 0 – Unanimously
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -80845
1.  Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-039-05-21), with TEDSI Infrastructure Group, Inc., for the project: "Faysville Drain -2018 Bond Referendum Project #11-B", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of September 30, 2022 (subject to Legal review and compliance with HB1295). (Audio Reference 15m:42s)

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.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-HCDD1-19-039-05-21), with TEDSI Infrastructure Group, Inc., for the project: "Faysville Drain -2018 Bond Referendum Project #11-B", to reflect a revised period of service to end on September 30 , 2022  (subject Legal review and compliance with HB1295). (Audio Reference 16m: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 agenda item 6.A.2.

Vote: 5 - 0 – Unanimously
 
B.
AI -80862
1.  Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-005-04-09), with Melden & Hunt, Inc., for the project: "East Mercedes -2018 Bond Referendum Project #10-A", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of December 31, 2022 (subject to Legal review and compliance with HB1295). (Audio Reference 16m:34s)

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.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-HCDD1-19-005-04-09), with Melden & Hunt, Inc., for the project: "East Mercedes -2018 Bond Referendum Project #10-A", to reflect a revised period of service to end on December 31, 2022 (subject Legal review and compliance with HB1295). (Audio Reference 16m:58s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 6.B.2.

Vote: 5 - 0 -Unanimously 
 
C.
AI -80859
1.  Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-023-04-23), with CSJ Group, for the project, for the project: "Mile 11 N & Texas Boulevard -2018 Bond Referendum Project #23", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of  July 31, 2024 (subject to Legal review and compliance with HB1295). (Audio Reference 17m:26s)

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 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-HCDD1-19-023-04-23), with  CSJ Group, for the project: "Mile 11 N & Texas Boulevard -2018 Bond Referendum Project #23", to reflect a revised period of service to end on July 31, 2024 (subject Legal review and compliance with HB1295). (Audio Reference 18m:06s)

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 -80850
Malone Drive & Pomelo Road - Budget 518
1. Approval of Application for Payment No. 3 in the amount of $44,635.50 from Venser Contractors, LLC pertaining to construction contract No. HCDD1-20-043-09-15. Project Engineer Guzman & Munoz Engineering. PO#641036-21 (Audio Reference 18m:32s)

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.1.

Vote: 5 - 0 -Unanimously 

Mission Lateral - Budget 526
2. Approval of Application for Payment No. 6 in the amount of $259,871.40 from Saenz Brothers Construction, LLC pertaining to construction contract No. HCDD1-19-074-11-26. Project Engineer L&G Engineering Consultants PO#639234-21 (Audio Reference 18m:53s)

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.D.2.

Vote: 5 - 0 - Unanimously
Attachments:
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -80860
PSJA Lateral Drain - Budget 305
1. Approval of Application for Payment No. 1 in the amount of $144,711.00 from Saenz Brothers Construction, LLC pertaining to construction contract No. HCDD1-20-063-11-12. Project Engineer Javier Hinojosa Engineering. PO#641494 (Audio Reference 19m:12s)

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 7.A.1.

Vote: 5 - 0 - Unanimously

The board proceeded to agenda item 10 - Adjournment (Audio Reference 19m:38s)
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 19m:30s)

The board did not proceed into Closed Session - agenda item 8.
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference agenda item 9.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

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.
 
9.
 
Open Session:

The board did not proceed to the agenda items under Open Session.
 
A.
 
Possible Action of Real Estate Acquisition

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.
 
10.
 
Adjourn (Audio Reference 19m:38s)

Judge Cortez adjourned the meeting at 10:07 A.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, 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 18th day of May, 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 May 18, 2021.

Signed this 18th day of May 2021




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy