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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - October 19, 2021

BE IT REMEMBERED, that on this 19th day of October 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
October 19, 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 551.127, NOTICE is hereby given that a physical quorum, including the presiding officer/member, will be present at the specified meeting location.  Some members of the governing body and/or government officials may participate via videoconference.

Members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive

 
1.
 
Roll Call (Audio Reference Part 1 - :23s)

Judge Cortez called the meeting to order at 9:47 A.M.

All members of the Board were present during the roll call, with the exception of Commissioner Cantu and Commissioner Torres.

Commissioner Torres joined the meeting at a later time, and Commissioner Cantu was present during the meeting via videoconferencing; however, Commissioner Cantu did not participate with a vote until he arrived in-person.
 
2.
 
Prayer (Audio Reference Part 1 - :35s)

General Manager of Hidalgo County District Drainage No.1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference Part 1 - 02m:20s)

Operations Manager of Hidalgo County Drainage District No.1, Jaime Salazar, advised the Board that Drainage District No.1 had been invited to present at the City of Edinburg, Pharr, Mission, and McAllen Drainage Committee at the Pharr City Hall on October 29, 2021 at 8:30 A.M.

No action was taken on agenda item 3.
 
4.
 
Approval of Consent Agenda (Audio Reference Part 1 - 03m:49s)

The Board proceeded with the approval and/or discussion of the Consent Agenda.

See the Drainage District Consent Agenda for action.
 
5.
 
General Operations:
 
A.
AI -82993
Requesting approval of Work Initiation Document for Wildlife Damage Management with the United States Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services and approval for General Manager or his designee to execute. (Pending final legal review) (Audio Reference Part 1 - 06m:02s)

Commissioner Torres joined the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, 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
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -82935
Requesting approval of Change Order No. 2 reflecting an increase in the amount of $700,677.63, and additional ninety (90)  construction calendar days, in connection with the Contract C-HCDD1-20-039-08-25 -"Mile 9 N & FM 1015 -Package 1A Improvements - 2018 Bond Referendum Project #24" with Mor-Wil, LLC, as recommended by Project Engineer, Halff Associates, Inc. (Audio Reference Part 1 - 06m:49s)

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 6.A.

Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI -82982
1.  Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-008-03-26), with SAMES, Inc., for the project: "Hidalgo Drain -2018 Bond Referendum Project #13", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of July 31, 2023  (subject to Legal review and compliance with HB1295). (Audio Reference Part 1 - 07m:40s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.B.1.

Vote: 4 - 0 - Unanimously

2.  Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-008-03-26), with  SAMES, Inc., for the project: "Hidalgo Drain -2018 Bond Referendum Project #13", to reflect a revised period of service to end on July 31, 2023  (subject Legal review and compliance with HB1295). (Audio Reference Part 1 - 08m:08s)

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.B.2.

Vote: 4 - 0 - Unanimously 
 
C.
AI -82942
1.  Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-018-03-26), with  R. Gutierrez Engineering Corporation, for the project: "East Mercedes - 2018 Bond Referendum Project #10-B", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of August 31, 2023, (subject to Legal review and compliance with HB1295). (Audio Reference Part 1 - 08m:33s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.C.1.

Vote: 4 - 0 - Unanimously

2.  Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-018-03-26), with R. Gutierrez Engineering Corporation, for the project: "East Mercedes - 2018 Bond Referendum Project #10-B", to reflect a revised period of service to end on  August 31, 2023, (subject Legal review and compliance with HB1295). (Audio Reference Part 1 - 08m:58s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.C.2.

Vote: 4 - 0 - Unanimously
 
D.
AI -82983
Fund 134 Budget 513 Hidalgo Drain  
1.  Request approval of Payment Application No.2. in the amount of $63,352.17 from Mor-Wil, LLC pertaining to Construction Contract HCDD1-20-042-09-08 Project Engineer L & G Engineering Services from June 9, through September 16, 2021, P.O. 639626.-21. (Audio Reference Part 1 - 09m:24s)

Raul Sesin stated a correction for agenda item 6.D.1 Construction Contract No HCDD1-20-042-09-08, in which the correct contract number should state HCDD1-20-001-02-11.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.D.1, with stated contract number.

Vote: 4 - 0 - Unanimously

Fund 134 Budget 526 Pct.3 Mission Lateral
2.  Request approval of Payment Application No. 6 in the amount $125,958.60 from H & R Lease Service, LLC pertaining to Construction Contract HCDD1 20-001-02-11  for Services through September 4, 2021.Project Engineer Noe Saldivar, P.O.640759-21 (Audio Reference Part 1 - 09m:57s)

Raul Sesin stated a correction for agenda item 6.D.2 Construction Contract No HCDD1-20-001-02-11, in which the correct contract number should state HCDD1-20-042-09-08.

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.2, with stated corrections

Vote: 4 - 0 – Unanimously

Fund 134  Budget 529 Pct 3 PD Lateral (Phase I)
3.   Request approval of Payment Application #7 in the amount of $438,889.81 from Mor-Will LLC pertaining to Construction Contract HCDD1 for services from May 8, 2021 through September 09, 2021. Project Engineer Izaguirre Engineering Group, P.O. 604211. (Audio Reference Part 1 - 10m:26s)

Raul Sesin stated a correction for agenda item 6.D.3 Construction Contract No HCDD1, in which the correct contract number should state HCDD1-20-026-06-23.

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.3, with stated corrections.

Vote: 4 - 0 - Unanimously
 
7.
 
General Fund:
 
A.
AI -82930
1. Requesting approval to accept bids and award a Construction Contract to the lowest and best bidder meeting all specified requirements, Mor-Wil, LLC, for the Base Bid in the amount of $797,639.50 for RFB No. HCDD1-21-049-10-06-MSS, “K-07-02 Drain Improvements", as recommended by project engineer, Jose Noe Saldivar, PE, CFM, Engineer IV. (subject to Legal Review and Compliance with HB1295). (Audio Reference Part 1 - 10m:54s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 7.A.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 ...'an increase or decrease in cost of $50,000.00 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 the consent of the contractor." (Audio Reference Part 1 - 11m:25s)

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 7.A.2.

Vote: 4 - 0 - Unanimously 
Attachments:
 
B.
AI -82986
Fund 110 Budget 006 Project 476 -- Ditch 47 and Ditch 350 Improvements
1.   Request approval for Payment Application #2 in the amount of $164,101.31 from Mor-Will, LLC pertain to Construction contract HCDD1 20-053-10-06. Project Engineer Noe Saldivar P.E. P.O. # 640897 (Audio Reference Part 1 - 11m:51s)

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.B.1.

Vote: 4 - 0 - Unanimously
Attachments:
 
8.
 
Human Resources:
 
A.
AI -82992
1.Approval of the following personnel actions, effective next full pay period 10/25/2021
 
Action Dept/Prg. Slot No. Current Position Title Current Grade Proposed Position Title Proposed Grade
Reclassification 000 4 Engineer III 20 Engineer IV 21
Reclassification 000 12 Hydrology & Hydraulics Graduate Engineer 16 Engineer II 19
Reclassification 000 33 Accountant I 8 Accountant II 10

(Audio Reference Part 1 - 12m:11s)

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 8.A.1.

Vote: 4 - 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 Part 1 - 13m:27s)

The Board made a vote of approval to proceed into closed session at 9:59 A.M.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval to proceed into Closed Session.

Vote: 4 - 0 – Unanimously

Prior to proceeding into Closed Session, the Board recessed the meeting at approximately 10:00 A.M. to open the scheduled Regular Commissioners' Court meeting with a vote of approval.

(vote of approval to recess inaudible)

The Board reconvened the meeting, and proceeded into closed session with a vote of approval at 10:01 A.M.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval to reconvene the meeting.

Vote: 4 - 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.
 
1.
AI -82984
Discussion with legal counsel regarding Cause No. CCD-0445-G, Hidalgo County Drainage District No. 1 vs. David Lloyd Esau.

Reference agenda item 10.B.1.
 
10.
 
Open Session: (Audio Reference Part 1 - 14m:12s)

The Board returned from closed session at 10:27 A.M., and proceeded to agenda item 10.A.



 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference Part 1 - 14m:12s)

Commissioner Cantu joined the meeting.

Legal Counselor, Ivan Perez, recommended that the Board motion to authorize Mr. Sesin and the administration to proceed as discussed in closed session.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval as recommended above for agenda item 10.A.

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

No action was taken on agenda item 10.B.
 
1.
AI -82985
Discussion and possible action regarding Cause No. CCD-0445-G, Hidalgo County Drainage District No. 1 vs. David Lloyd Esau.

No action was taken on agenda item 10.B.1.
 
11.
 
Adjourn (Audio Reference Part 1 - 14m:33s)

The Board adjourned the meeting with a vote of approval at 10:27 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 19th day of October, 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 October 19, 2021.

Signed this 20th day of October 2021




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy