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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - June 1, 2021

BE IT REMEMBERED, that on this 1st day of June 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
June 1, 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 :45s)

Judge Cortez called the meeting to order at 9:46 A.M.

All members of the board were present during the roll call, with the exception of Commissioner Cantu and Commissioner Torres; who both joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference 01m:11s)

Patricia Rodriguez offered the prayer.
 
3.
 
Open Forum (Audio Reference 03m:32s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 03m:41s)

Commissioner Cantu joined the meeting.

The board proceeded to the approval the Consent Agenda.
 
5.
 
General Operations:
 
A.
AI -81070
Discussion and possible action to enter into a Interlocal Cooperation Agreement with City of Harlingen for Participation in a Regional Watershed Flood Protection Planning Study, Subject to Legal Review.  Amount to be committed is $20,000.00 or in-kind services up to stated amount. (Audio Reference 04m:45s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the board made a UNANIMOUS vote of approval on agenda item 5.A.

Vote: 4 - 0 -Unanimously 
Attachments:
 
B.
AI -81076
Requesting authority to advertise and approval of RFP procurement packet [i.e. requirements, legal notice,draft requirement agreement, etc.] as attached hereto for: "Title Company Services -Pool" on an as needed basis, including the re-advertising of project in the event no responses are received, or proposals are rejected and project is still required. (RFP No.: HCDD1-21-029-06-23-MSS) (Audio Reference 05m:48s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the board made a UNANIMOUS vote of approval on agenda item 5.B.

Vote: 4 - 0 -Unanimously 
Attachments:
 
C.
AI -81069
1. Requesting approval to accept CSP response and award a negotiated Construction Contract to the highest ranked Contractor meeting all specified requirements, Castle Enterprise, LLC   for CSP  No. HCDD1-21-017-05-19 "Weslaco Drain Improvement (Proposed Additional 10' x 10')," in the amount of $1,207,662.24 as approved for negotiations by the Board of Directors on Agenda Item No. 80957  on May 25, 2021. (Subject to Legal review and Compliance with HB1295). (Audio Reference 06m:16s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the board made a UNANIMOUS vote of approval on agenda item 5.C.1.

Vote: 4 - 0 -Unanimously 

2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve and increase or decrease in cost of $50,000 or LESS and in no event to exceed the Change Order's statutory limits.  The original contract price may not be decreased by 18% or more without consent of the contractor. (Audio Reference 06m:56s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the board made a UNANIMOUS vote of approval on agenda item 5.C.2.

Vote: 4 - 0 -Unanimously 
 
D.
AI -81078
Requesting approval of final negotiated Professional Services Contract with Leonel Garza Jr. & Associates, LLC as it relates to On-Call Real Estate Appraisal Services for Hidalgo County Drainage District No.1 Projects.  Approved for negotiations by HCDD1 Board of Directors on May 25, 2021, Agenda Item# 80956 . (Subject to Legal Review and Compliance to HB1295)(Contract # C-HCDD1-21-028-06-01) (Audio Reference 07m:23s)

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 agenda item 5.D.

Vote: 4 - 0 - Unanimously
 
E.
AI -81061
Requesting approval of final negotiated Professional Services Agreement No. C-HCDD1-21-026-06-01, with B2Z Engineering, LLC, 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# 80955(05/25/21). (Audio Reference 07m:52s)

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 agenda item 5.E.

Vote: 4 - 0 - Unanimously
 
F.
AI -81060
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Surveying Services. (Audio Reference 08m:16s)

Commissioner Torres joined the meeting.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the board made a UNANIMOUS vote of approval on agenda item 5.F.1.

Vote: 5 - 0 -Unanimously 

2. Presentation of scoring grid of firms graded through the District's "Pool" of pre-qualified Professional Surveyors for the purpose of ranking by HCDD1 Board of Directors in connection with Professional Surveying Services On-Call (on an as needed basis) required for Hidalgo County Drainage District Projects. 
 
(C-HCDD1-21-018-00-00    
FIRM NAME SCORE RANK
Gilbert J. Guerra dba Rio Delta Engineering 97.67  
KCI Technologies, Inc. 95.67  
TEDSI Infrastructure Group, Inc. 95.33  
(Audio Reference 08m:31s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the board made a UNANIMOUS vote of approval on agenda item 5.F.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 Surveying Services Agreement with the number one (1) ranked firm of: Gilbert J. Guerra dba Rio Delta Engineering for the provisions of Professional Surveying Services On-Call (on an as needed basis) for Hidalgo County Drainage District Projects. (Audio Reference 09m:02s)

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 agenda item 5.F.3.

Vote: 5 - 0 -Unanimously 
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -81054
3 3/4 Mile Rd. & Schuerbach Rd. Budget - 502
1. Approval of Application For Payment No. 6 in the amount of $115,643.25 from Gonzalez Engineering & Management, LLC pertaining to Construction Contract No. HCDD1-20-040-09-08. Project Engineer Javier Hinojosa Engineering. PO#640791 (Audio Reference 09m:25s)

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 agenda item 6.A.1.

Vote: 5 - 0 - Unanimously

South Lateral Drain - Budget 534
2. Approval of Application For Payment No. 4 in the amount of $288,918.68 from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-20-009-07-07. Project Engineer Halff & Associates, Inc.. PO#640528-21 (Audio Reference 09m:49s)

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 agenda item 6.A.2.

Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI -81068
1.  Requesting approval of Supplemental Agreement No. 3 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  August 31 , 2021 , (subject to Legal review and compliance with HB1295).  (Audio Reference 10m:12s)

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 agenda item 6.B.1.

Vote: 5 - 0 -Unanimously 

2.  Requesting approval of Supplemental Agreement No. 3 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  August 31, 2021 , (subject Legal review and compliance with HB1295). (Audio Reference 10m:45s)

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 agenda item 6.B.2.

Vote: 5 - 0 – Unanimously
 
C.
AI -81065
1.  Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-019-03-26), with SAMES, Inc., for the project: "FM 493 & Country Road -2018 Bond Referendum Project #12", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of  October 14 , 2022  (subject to Legal review and compliance with HB1295). (Audio Reference 11m:14s)

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 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-HCDD1-19-019-03-26), with SAMES, Inc., for the project: "FM 493 & Country Road -2018 Bond Referendum Project #12", to reflect a revised period of service to end on  October 14 , 2022  (subject Legal review and compliance with HB1295). (Audio Reference 11m:40s)

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 agenda item 6.C.2.

Vote: 5 - 0 - Unanimously
 
7.
 
General Fund:
 
A.
AI -81053
Requesting approval of a budget amendment  in the amount of $187,000 out of the District's General Fund in order to pay the the issuance cost from the Unlimited Tax Improvement Bonds, Taxable Series 2021 Bonds. (Audio Reference 12m: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 agenda item 7.A.

Vote: 5 - 0 - Unanimously
 
8.
 
Human Resources:
 
A.
AI -81062
Approval of the following personnel actions, effective June 2, 2021:
Action Dept.# Slot# Current Position Title Current Grade Requested Position Title Requested Grade
Reclassification 000 150 Maintenance I 5 Clerk I 5
Reclassification 000 151 Maintenance I 5 Clerk I 5
 
(Audio Reference 12m:23s)

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 agenda item 8.A.

Vote: 5 - 0 - Unanimously
 
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: (Audio Reference 12m:59s)

The board proceeded into Closed Session at 9:59 A.M.

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 to proceed into Closed Session.

Vote: 5 - 0 - Unanimously
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference agenda item 10.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

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.
 
10.
 
Open Session: (Audio Reference 13m:40s)

The board returned from Closed Session at 10:09 A.M, and proceeded to agenda item 10.A.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 15m:07s)

General Manager of the Hidalgo County Drainage District No.1, Raul Sesin, requested approval on the items discussed in Closed Session.

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 agenda item 10.A, as requested.

Vote: 5 - 0 – Unanimously
 
B.
 
Possible Action on Pending and/or Potential Litigation (Audio Reference 15m:23s)

No action was taken on agenda item 10.B.
 
11.
 
Adjourn (Audio Reference 15m:26s)

Judge Cortez adjourned the meeting at 10:10 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 1st day of June, 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 June 1, 2021.

Signed this 1st day of June 2021




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy