SPECIAL MEETING - September 7, 2021
BE IT REMEMBERED, that on this 7th day of September 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 September 7, 2021 9:45 A.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 :01s)
Judge Cortez called the meeting to order at 9:45 A.M.
All members of the Board were present during the roll call, with the exception of Commissoiner Cantu, who joined the meeting at a later time.
Judge Cortez called the meeting to order at 9:45 A.M.
All members of the Board were present during the roll call, with the exception of Commissoiner Cantu, who joined the meeting at a later time.
2.
Prayer (Audio Reference :12s)
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:04s)
Open Forum Participants, Francisca Quintanilla and Rosa Linda Martinez, came before the Board to express their concerns on the drainage issues that occur in their colonias.
Commissioner Cantu joined the meeting.
No action was taken on agenda item 3.
Open Forum Participants, Francisca Quintanilla and Rosa Linda Martinez, came before the Board to express their concerns on the drainage issues that occur in their colonias.
Commissioner Cantu joined the meeting.
No action was taken on agenda item 3.
4.
Approval of Consent Agenda (Audio Reference 06m:42s)
The Board proceeded with the approval of the Consent Agenda.
See Consent Agenda.
The Board proceeded with the approval of the Consent Agenda.
See Consent Agenda.
5.
General Operations:
A.
AI -82334
Requesting approval of Memorandum of Agreement between The Department of Army and Hidalgo County Drainage District No.1 for the provision of Technical Assistance relating to The Raymondville Project. (Subject to final legal review) (Audio Reference 07m:03s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.A.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.A.
Vote: 5 - 0 – Unanimously
B.
AI -82321
Fund 130 Raymondville Drain - Budget 010
Requesting approval to pay from TWDB Reimbursement Funds $186,380.04 to Hidalgo County Precinct 4 for construction of Segment 1 during Pay Periods 5, 7, 8, and 14. (Audio Reference 07m:37s)
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.B.
Vote: 5 - 0 – Unanimously
Requesting approval to pay from TWDB Reimbursement Funds $186,380.04 to Hidalgo County Precinct 4 for construction of Segment 1 during Pay Periods 5, 7, 8, and 14. (Audio Reference 07m:37s)
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.B.
Vote: 5 - 0 – Unanimously
Attachments:
C.
AI -82282
Acceptance and approval of Work Authorization No. 1 in the amount of $39,284.25 as submitted by Millennium Engineers Group, Inc., through Contract No. C-HCDD1-21-021-05-25 to provide Construction Material Testing Services, "Cesar Chavez & Texas Rd, Canton Rd & Tower Rd, and Iowa Rd Drainage Areas Improvements." (Subject to Legal Review) (Audio Reference 07m:56s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 5.C.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 5.C.
Vote: 5 - 0 - Unanimously
Attachments:
D.
AI -82203
Requesting approval to accept bid and approval to execute a Requirements Agreement to the lowest and most responsible bidder meeting specifications and/or requirements for RFB No.HCDD1-21-042-08-11-ESZ " Fuel-Gasoline and Diesel (On & Off Highway)", subject to legal review. (Audio Reference 08m:21s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.D.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.D.
Vote: 5 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -82227
Requesting approval of closing documents for Parcel 15B-4 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. (Audio Reference 08m:44s)
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.A.
Vote: 5 - 0 – Unanimously
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.A.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -82249
Acceptance and approval of Work Authorization No. 2 in the amount of $7,960.00 as submitted by Millennium Engineers Group, Inc., through Contract No. C-HCDD1-21-021-05-25 to provide Construction Material Testing Services, "J-08 McColl Road Culvert Crossing-2018 Referendum Bond Project #15." (Subject to Legal Review) (Audio Reference 08m:59s)
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 -82319
3 3/4 Mile Rd & Shuerback Rd. - Budget 502
1. Approval of Application for Payment No. 8 in the amount of $363,006.00 from Gonzalez Engineering pertaining to construction contract HCDD1-20-040-09-08. Project Engineer Javier Hinojosa. PO#640791. (Audio Reference 09m:20s)
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.1.
Vote: 5 - 0 – Unanimously
Mile 9N & FM 1015 - Budget 524 Package 1A
2. Approval of Application for Payment No. 7 in the amount of $172,955.30 from Mor-Wil, LLC pertaining to construction contract HCDD1-20-039-08-25. Project Engineer Hallf & Associates. PO# 640715 (Audio Reference 09m:41s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, 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
Mile 9N & FM 1015- Budget 524 Package 2
3. Approval of Application for Payment No. 3 in the amount of $41,895.00 from Mor-Wil, LLC pertaining to construction contract HCDD1-20-065-11-18. Project Engineer Halff & Associates. PO#641649 (Audio Reference 10m:01s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.C.3.
Vote: 5 - 0 – Unanimously
Old La Blanca Rd & Mile 10N - Budget 528
4. Approval of Appliaction for Payment No. 3 in the amount of $13,519.12 from Venser Contractors, LLC pertaining to construction contract HCDD1-20-044-09-15 (Audio Reference 10m:17s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.C.4.
Vote: 5 - 0 -Unanimously
South Lateral Drain - Budget 534
5. Approval of Application for Payment No. 6 in the amount of $196,333.94 from Castle Enterprises pertaining to construction contract HCDD1-20-009-07-07. Project Engineer L&G Engineering PO#82319 (Audio Reference 10m:39s)
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.C.5.
Vote: 5 - 0 - Unanimously
1. Approval of Application for Payment No. 8 in the amount of $363,006.00 from Gonzalez Engineering pertaining to construction contract HCDD1-20-040-09-08. Project Engineer Javier Hinojosa. PO#640791. (Audio Reference 09m:20s)
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.1.
Vote: 5 - 0 – Unanimously
Mile 9N & FM 1015 - Budget 524 Package 1A
2. Approval of Application for Payment No. 7 in the amount of $172,955.30 from Mor-Wil, LLC pertaining to construction contract HCDD1-20-039-08-25. Project Engineer Hallf & Associates. PO# 640715 (Audio Reference 09m:41s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, 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
Mile 9N & FM 1015- Budget 524 Package 2
3. Approval of Application for Payment No. 3 in the amount of $41,895.00 from Mor-Wil, LLC pertaining to construction contract HCDD1-20-065-11-18. Project Engineer Halff & Associates. PO#641649 (Audio Reference 10m:01s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.C.3.
Vote: 5 - 0 – Unanimously
Old La Blanca Rd & Mile 10N - Budget 528
4. Approval of Appliaction for Payment No. 3 in the amount of $13,519.12 from Venser Contractors, LLC pertaining to construction contract HCDD1-20-044-09-15 (Audio Reference 10m:17s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.C.4.
Vote: 5 - 0 -Unanimously
South Lateral Drain - Budget 534
5. Approval of Application for Payment No. 6 in the amount of $196,333.94 from Castle Enterprises pertaining to construction contract HCDD1-20-009-07-07. Project Engineer L&G Engineering PO#82319 (Audio Reference 10m:39s)
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.C.5.
Vote: 5 - 0 - Unanimously
D.
AI -82306
1. Requesting approval of Supplemental Agreement No. 3 to the Professional Engineering Services Contract (C-HCDD1-19-038-05-21), with KCI Technologies, Inc., for “Faysville Drain -2018 Bond Referendum Project #11A”, to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of September 30, 2022, and Exhibit "F"-Contract Rates to include Surveying Rates. (subject to Legal review and compliance with HB1295). (Audio Reference 10m:57s)
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.D.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-HCDD1-19-038-05-21), with KCI Technologies, Inc., for the project, "Faysville Drain -2018 Bond Referendum Project #11A," to reflect a revised period of service to end on September 30, 2022. (Audio Reference 11m:24s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.D.2.
Vote: 5 - 0 - Unanimously
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.D.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-HCDD1-19-038-05-21), with KCI Technologies, Inc., for the project, "Faysville Drain -2018 Bond Referendum Project #11A," to reflect a revised period of service to end on September 30, 2022. (Audio Reference 11m:24s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.D.2.
Vote: 5 - 0 - Unanimously
Attachments:
E.
AI -82301
Requesting authority to advertise and approval of a Competitive Sealed Proposals packet (requirements, specifications and plans) developed by Project Engineer Firm, KCI Technologies,"Faysville Drain Improvements-2018 Bond Referndum Project No. 11A" -CSP No. HCDD1-21-047-09-29-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:48s)
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.E.
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.E.
Vote: 5 - 0 – Unanimously
Attachments:
F.
AI -82305
Requesting authority to advertise and approval of a Competitive Sealed Proposals packet (requirements, specifications and plans) developed by Project Engineer Firm, TEDSI Infrastructure,"Faysville Drain Improvements-2018 Bond Referendum Project No. 11B" -CSP No. HCDD1-21-048-09-29-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 12m:16s)
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.F.
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.F.
Vote: 5 - 0 – Unanimously
Attachments:
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:43s)
The Board proceeded into Closed Session at 9:58 A.M. with a vote of approval.
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 12m:43s)
The Board proceeded into Closed Session at 9:58 A.M. with a vote of approval.
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 8.A.
Reference agenda item 8.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference agenda item 8.B.
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) 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.
8.
Open Session: (Audio Reference 13m:09s)
The Board returned from Closed Session at 10:02 A.M, and proceeded to agenda item 9 - Adjournment.
The Board returned from Closed Session at 10:02 A.M, and proceeded to agenda item 9 - Adjournment.
A.
Possible Action of Real Estate Acquisition
No action was taken on agenda item 8.A.
No action was taken on agenda item 8.A.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 8.B.
No action was taken on agenda item 8.B.
9.
Adjourn (Audio Reference 13m:20s)
The Board adjourned the meeting at 10:02 A.M. with a vote of approval.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 – Unanimously
The Board adjourned the meeting at 10:02 A.M. with a vote of approval.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, 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 7th day of September, 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 September 7, 2021.
Signed this 7th day of September 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 7th day of September, 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 September 7, 2021.
Signed this 7th day of September 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy