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Minutes for DD-REGULAR AGENDA REGULAR MTG

REGULAR MEETING - May 25, 2021

BE IT REMEMBERED, that on this 25th day of May A.D., 2021, there was begun and held a REGULAR 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 25, 2021
1:45 P.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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 :45s)

Judge Cortez called the meeting to order at 1:45 P.M.

All members of the board were present during the roll call, with the exception of Commissioner Cantu, who joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference 01m:02s)

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

 
3.
 
Open Forum (Audio Reference 02m:47s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:57s)

The board proceeded to the approval of the Consent Agenda.

Commissioner Cantu joined the meeting.
 
5.
 
General Operations:
 
A.
AI -80968
Approval of Resolution recognizing the Hidalgo County Drainage District No.1 for receiving the Certificate of Achievement for Excellence in Financial Reporting. (Audio Reference 03m:20s)

Operations Manager, Jaime Salazar, read the Resolution recognizing the Hidalgo County Drainage District No.1 for receiving the Certificate of Achievement for Excellence in Financial Reporting.

Chief Financial Officer, Lora Briones, introduced the Hidalgo County Drainage District No. 1's Accounting Staff.

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 5.A.

Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI -80967
Requesting approval to assign 24 hour possession of District vehicles to District Maintenance & Operations Director, Assistant Directors and Supervisors during the 2021 Hurricane Season. (Audio Reference 06m:37s)

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: 5 - 0 – Unanimously
 
C.
AI -80938
Requesting approval of final negotiated Professional Services Agreement No. C-HCDD1-21-020-05-25, with Raba Kistner, Inc., as it relates to Professional Construction Materials Testing (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District No.1 Projects (subject to Legal Review).  Approved for negotiations by the HCDD1 Board of Directors on AI# 80732(04/11/21). (Audio Reference 07m:07s)

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 5.C.

Vote: 5 - 0 -Unanimously 
 
D.
AI -80940
Requesting approval of final negotiated Professional Services Agreement No. C-HCDD1-21-021-05-25, with  Millennium Engineers Group, Inc., as it relates to Professional Construction Materials Testing (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District No.1 Projects (subject to Legal Review).  Approved for negotiations by the HCDD1 Board of Directors on AI#80735  (05/11/21). (Audio Reference 07m:35s)

Commissioner Fuentes stepped away from the meeting.

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 5.D.
                                                        
Vote: 4 - 0 – Unanimously
 
E.
AI -80953
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services. (Audio Reference 08m:01s)

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 5.E.1.

Vote: 4 - 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 Construction Materials Testing (CMT) Services On-Call (on an as needed basis) required for Hidalgo County Drainage District Projects.  
 
(C-HCDD1-21-025-__-__)    
FIRM NAME: SCORE: RANK:
B2Z Engineering, LLC 98.00  
Izaguirre Engineering Group, LLC 93.67  
Alpha INfrastructure Engineering, PLLC 91.67  

 (Audio Reference 08m:13s)

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 5.E.2, as ranked.

Vote: 4 - 0 -Unanimously 

3. Pursuant to the Boards approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Professional Services Agreement with the number one (1) ranked firm of: B2Z Engineering, LLC for the provisions of Professional Construction Materials (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District Projects. (Audio Reference 08m:43s)

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 5.E.3.

Vote: 4 - 0 -Unanimously 
 
F.
AI -80955
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services. (Audio Reference 09m:04s)

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.F.1.

Vote: 4 - 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 Construction Materials Testing (CMT) Services On-Call (on an as needed basis) required for Hidalgo County Drainage District Projects.  
 
(C-HCDD1-21-026-__-__)    
FIRM NAME: SCORE: RANK:
L&G Consulting Engineers dba L&G Engineering 97.33  
S&B Infrastructure, Ltd 96.33  
Alpha INfrastructure Engineering, PLLC 91.67  
 
(Audio Reference 09m:19s)

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.F.2, as ranked.

Vote: 4 - 0 -Unanimously 

3. Pursuant to the Boards approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Professional Services Agreement with the number one (1) ranked firm of: L&G Consulting Engineers dba L&G Engineering for the provisions of Professional Construction Materials (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District Projects. (Audio Reference 09m:52s)

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.F.3.

Vote: 4 - 0 – Unanimously
 
G.
AI -80956
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a Professional Service; (Audio Reference 10m:13s)

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.G.1.

Vote: 4 - 0 -Unanimously 

2. Requesting approval for the District to negotiate a Professional Real Estate Appraisal and/or Appraisal Review Services Contract with Leonel Garza Jr. & Associates, LLC, from the District's approved pool of pre-qualified Real Estate Appraisers for the provision of Professional Real Estate Appraisal Services and/or Appraisal Review Services (on-call on an as needed basis) for Hidalgo County Drainage District No.1 projects. (Audio Reference 10m:27s)

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 5.G.2.

Vote: 4 - 0 - Unanimously
 
H.
AI -80957
1.  Presentation of scoring grid ( for the purposes of ranking by HCDD1 Board of Directors) of the graded and evaluated firms submitting responses to the CSP No. HCDD1-21-017-05-19 “Weslaco Drain Improvement (Proposed Additional 10' x 10' Box with Gate Structure),” 
 
FIRM NAME SCORE RANK
Castle Enterprises, LLC 95.00  
Gonzalez Engineering & Management 92.24  
Go Underground, LLC 89.27  
Total Commitment Construction Co., LLC 82.49  

(Audio Reference 10m:51s)

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 5.H.1, as ranked.

Vote: 4 - 0 -Unanimously 

2.  Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Construction Services Agreement with the number one ranked firm of: Castle Enterprises, LLC, for the provision construction services for: “Weslaco Drain Improvement (Proposed Additional 10' x 10' box with Gate Structure).” (Audio Reference 11m:29s)

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.H.2.

Vote: 4 - 0 – Unanimously
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -80951
Requesting authority to advertise and approval of Competitive Sealed Proposals packet (requirements, specifications and plans) developed by Project Engineer, Jose Noe Saldivar, PE,CFM,  HCDD1 Engineer IV for: Hidalgo County Drainage District No. 1, "J-08 Drain - McColl Rd Culvert Crossing -2018 Bond Referendum Project #15" -CSP No. HCDD1-21-024-06-16-RFV, including the re-advertising of the project in the event no responses are received and/or are rejected and project is still required. (Audio Reference 11m:49s)

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.A.

Vote: 4 - 0 -Unanimously 
Attachments:
 
B.
AI -80939
Mile 9 N. & FM 1015 - Budget 524
1. Approval of Application for Payment No. 1 in the amount of $62,505.00 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-065-11-18. Project Engineer: Halff & Associates, Inc. PO#641649  (Audio Reference 12m:20s)

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.B.

Vote: 4 - 0 -Unanimously 
Attachments:
 
7.
 
Budget Amendments:
 
7.
 
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 12m:46s)

The board proceeded into Closed Session 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 proceeded into Closed Session.

Vote: 4 - 0 - Unanimously
 
A.
 
Real Property (Tex. Gov't. Code 551.072)

Reference agenda item 8.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference agenda item 8.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 7.C.a
 
1.
AI -80970
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.

No action was taken on agenda item 7.C.1.
 
2.
AI -80966
Cause No. CCD-0581-H, Hidalgo County Drainage District No. 1 vs. Jesus De Leon.

Reference agenda item 8.B.1.
Attachments:
 
8.
 
Open Session: (Audio Reference 13m:11s)

The board returned from Closed Session at 2:28 P.M.

Commissioner Fuentes rejoined the meeting.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 13m:19s)

Legal Counselor, Ivan Perez, stated with respect to agenda item 8.A, Mr. Perez recommended a motion to authorize the administration to proceed as discussed in Closed Session.

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 8.A.

Vote: 5 - 0 - Unanimously
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on agenda item 8.B.
 
1.
AI -80971
Cause No. CCD-0581-H, Hidalgo County Drainage District No. 1 vs. Jesus De Leon (Audio Reference 13m:38s)

Legal Counselor, Ivan Perez, stated with respect to agenda item 8.B.1, Mr. Perez recommended a motion to authorize legal counsel and the administration to proceed 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 on agenda item 8.B.1.

Vote: 4 - 0 – Unanimously

Commissioner Fuentes abstained from any discussion and/or action on agenda item 8.B.1.
Attachments:
 
9.
 
Adjourn (Audio Reference 14m:08s)

Judge Cortez adjourned the meeting at approximately 2:30 P.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 25th 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 25, 2021.

Signed this 26th 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