REGULAR MEETING - July 13, 2021
BE IT REMEMBERED, that on this 13th day of July 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 July 13, 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 03m:26s)
Judge Cortez called the meeting to order at 9:49 A.M.
All members of the board were present during the roll call.
Judge Cortez called the meeting to order at 9:49 A.M.
All members of the board were present during the roll call.
2.
Prayer (Audio Reference 03m:45s)
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 05m:50s)
Open Forum Participant, Fern McClaugherty, came before the Board to express her concern with the recent flooding event that occurred in Precinct No. 2.
No action was taken on agenda item 3.
Open Forum Participant, Fern McClaugherty, came before the Board to express her concern with the recent flooding event that occurred in Precinct No. 2.
No action was taken on agenda item 3.
4.
Approval of Consent Agenda (Audio Reference 09m:04s)
The Board proceeded to the approval of the Consent Agenda.
The Board proceeded to the approval of the Consent Agenda.
5.
General Operations:
A.
AI -81620
Requesting approval of Permission for Right of Entry to enter upon lands owned by El Sauz Ranch and approval for Drainage District General Manager to execute, subject to final legal review. (Audio Reference 09m:51s)
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.A.
Vote: 5 - 0 – Unanimously
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.A.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -81542
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 "Storm Drain Pipes and Related Items", RFB No. HCDD1-21-012-08-04-ESZ, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required. (Audio Reference 10m:21s)
Raul Sesin added approval for agenda item 5.B was subject to final legal review.
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.B, subject to final legal review.
Vote: 5 - 0 - Unanimously
Raul Sesin added approval for agenda item 5.B was subject to final legal review.
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.B, subject to final legal review.
Vote: 5 - 0 - Unanimously
Attachments:
C.
AI -81553
1. Presentation of the firms responding to RFP No. HCDD1-21-029-06-23-MSS- "Title Company Services-(Pool)", for the purpose of acceptance as "Qualified" by the HCDD1 Board of Directors; (Audio Reference 10m:47s)
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: 5 - 0 -Unanimously
2. Pursuant to the Board's approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate separate Contracts with each of the qualified proposers:
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: 5 - 0 -Unanimously
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: 5 - 0 -Unanimously
2. Pursuant to the Board's approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate separate Contracts with each of the qualified proposers:
a. Edwards Abstract and Title, LLC d/b/a Edwards Abstract and Title Co.,
b. Valley Land Title Company, LTD d/b/a Valley Land Title Co.,
for the provision of "Title Company Services On-Call (on as needed basis)" for Hidalgo County Drainage District No. 1 Projects. (Audio Reference 11m:38s)b. Valley Land Title Company, LTD d/b/a Valley Land Title Co.,
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: 5 - 0 -Unanimously
6.
2018 Bond Referendum Projects:
A.
AI -81501
Requesting approval of Change Order No. 1 reflecting an increase in the amount of $75,685.52, and one hundred ninety (190) additional construction calendar days, in connection with contract No. C-HCDD1-20-034-08-11 -Hidalgo County Drainage District No. 1 "Jackson Rd. Drain Phase I -2018 Bond Referendum project #16" with RG Enterprises, LLC dba G&G Contractors, as recommended by project engineer, Quintanilla, Headley & Associates, Inc., (subject to compliance to HB1295). (Audio Reference 12m:00s)
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 6.A.
Vote: 5 - 0 -Unanimously
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 6.A.
Vote: 5 - 0 -Unanimously
Attachments:
B.
AI -81605
Requesting authority to advertise and approval of Competitive Sealed Proposals packet (requirements, specifications and plans) developed by Project Engineer, Jose Noe Saldivar, PE, HCDD1 Engineer IV for: Hidalgo County Drainage District No. 1,"Anaquitas Drain Structure (Proposed Additional (2) 10’X8’ Boxes With Gate Structures) -2018 Bond Referendum Project #08" -CSP No. HCDD1-21-040-08-04-MSS, 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 12m:30s)
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 6.B.
Vote: 5 - 0 – Unanimously
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 6.B.
Vote: 5 - 0 – Unanimously
Attachments:
C.
AI -81624
Requesting approval of closing documents for Parcel 15B-6 as it relates to Project 15B of the 2018 Drainage Bond Program - J-08 Drain Project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 13m:01s)
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 6.C.
Vote: 5 - 0 – Unanimously
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 6.C.
Vote: 5 - 0 – Unanimously
Attachments:
D.
AI -81602
Requesting approval of Supplemental Agreement No. 3 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 additional Professional Surveying Services and developing of parcel plats with an estimated cost increase of $34,000.00 for services under Work Authorization No. 1 (subject Legal review and compliance with HB1295). (Audio Reference 13m: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 6.D.
Vote: 5 - 0 - Unanimously
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.D.
Vote: 5 - 0 - Unanimously
Attachments:
E.
AI -81590
3 3/4 Mile Rd. & Shuerbach Rd
1. Approval of Application for Payment No. 7 in the amount of $96,115.50 from Gonzalez Engineering pertaining to Construction Contract No. HCDD1-20-040-09-08 Project Engineer Javier Hinojosa Engineering PO#640791 (Audio Reference 13m:56s)
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.E.1
Vote: 5 - 0 - Unanimously
Hidalgo Drain - Budget 513
2. Approval of Application for Payment No. 1 in the amount of $381,894.52 from Mor-Will, LLC pertaining to Construction Contract No. HCDD1-20-001-02-11. Project Engineer Jose Noe Saldivar P. E, PO#639626-21 (Audio Reference 14m:15s)
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.E.2
Vote: 5 - 0 - Unanimously
Mission Lateral - Budget 526
3. Approval of Application for Payment No. 5 in the amount of $184,896.36 from H&R Lease Service, LLC pertaining to Construction Contract No.HCDD1- 20-042-09-08 Project Engineer L & G Engineering PO#640759-21 (Audio Reference 14m:34s)
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.E.3.
Vote: 5 - 0 - Unanimously
1. Approval of Application for Payment No. 7 in the amount of $96,115.50 from Gonzalez Engineering pertaining to Construction Contract No. HCDD1-20-040-09-08 Project Engineer Javier Hinojosa Engineering PO#640791 (Audio Reference 13m:56s)
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.E.1
Vote: 5 - 0 - Unanimously
Hidalgo Drain - Budget 513
2. Approval of Application for Payment No. 1 in the amount of $381,894.52 from Mor-Will, LLC pertaining to Construction Contract No. HCDD1-20-001-02-11. Project Engineer Jose Noe Saldivar P. E, PO#639626-21 (Audio Reference 14m:15s)
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.E.2
Vote: 5 - 0 - Unanimously
Mission Lateral - Budget 526
3. Approval of Application for Payment No. 5 in the amount of $184,896.36 from H&R Lease Service, LLC pertaining to Construction Contract No.HCDD1- 20-042-09-08 Project Engineer L & G Engineering PO#640759-21 (Audio Reference 14m:34s)
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.E.3.
Vote: 5 - 0 - Unanimously
Attachments:
7.
General Fund:
A.
AI -81593
Ditch 47 & Ditch 350 Improvements - Budget 006
1. Approval of Application for Payment No. 1 in the amount of $124,029.95 from Mor-Will, LLC pertaining to construction contract No. HCDD1-1-20-053-10-06 Project Engineer Jose Noe Saldivar P.E. PO#640897. (Audio Reference 14m:56s)
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.1.
Vote: 5 - 0 - Unanimously
1. Approval of Application for Payment No. 1 in the amount of $124,029.95 from Mor-Will, LLC pertaining to construction contract No. HCDD1-1-20-053-10-06 Project Engineer Jose Noe Saldivar P.E. PO#640897. (Audio Reference 14m:56s)
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.1.
Vote: 5 - 0 - Unanimously
Attachments:
8.
Right of Way Acquisitions:
A.
AI -81626
Requesting approval of closing documents for Parcel 25 as it relates to Raymondville Drain Phase I Segment 4 project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 15m: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 agenda item 8.A.
Vote: 5 - 0 – Unanimously
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 8.A.
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: (Audio Reference 15m:34s)
The Board proceeded into Closed Session at 10:01 A.M.
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 to proceed into Closed Session.
Vote: 5 - 0 -Unanimously
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 15m:34s)
The Board proceeded into Closed Session at 10:01 A.M.
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 to proceed into Closed Session.
Vote: 5 - 0 -Unanimously
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: (Audio Reference 16m:22s)
The Board returned from Closed Session at 10:15 A.M., and proceeded to agenda item 10.A.
Commissioner Cantu was not present.
The Board returned from Closed Session at 10:15 A.M., and proceeded to agenda item 10.A.
Commissioner Cantu was not present.
A.
Possible Action of Real Estate Acquisition (Audio Reference 16m:53s)
Legal Counselor, Ivan Perez, stated that action was required to allow administration to proceed as discussed in the closed session with regard to Acquisition of Real Property.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 10.A, as stated above.
Vote: 4 - 0 – Unanimously
Legal Counselor, Ivan Perez, stated that action was required to allow administration to proceed as discussed in the closed session with regard to Acquisition of Real Property.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 10.A, as stated above.
Vote: 4 - 0 – Unanimously
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 17m:31s)
Judge Cortez adjourned the meeting at 10:16 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: 4 - 0 - Unanimously
Judge Cortez adjourned the meeting at 10:16 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: 4 - 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 13th day of July, 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 July 13, 2021.
Signed this 14th day of July 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 13th day of July, 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 July 13, 2021.
Signed this 14th day of July 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy