SPECIAL MEETING - JANUARY 11, 2022
BE IT REMEMBERED, that on this 11th day of January A.D., 2022, 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 JANUARY 11, 2022 9:30 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 :25s)
Judge Cortez called the meeting to order at 9:31 A.M.
All members of the Board were present during the roll call, except Commissioner Torres who joined the meeting shortly after the roll call.
Commissioner Fuentes participated in the meeting via video conference.
Judge Cortez called the meeting to order at 9:31 A.M.
All members of the Board were present during the roll call, except Commissioner Torres who joined the meeting shortly after the roll call.
Commissioner Fuentes participated in the meeting via video conference.
2.
Prayer (Audio Reference :43s)
Operations Manager of Hidalgo County Drainage District No.1, Jaime Salazar, offered the prayer.
Operations Manager of Hidalgo County Drainage District No.1, Jaime Salazar, offered the prayer.
3.
Open Forum (Audio Reference 01m:38s)
There were no participants.
Commissioner Torres joined the meeting.
There were no participants.
Commissioner Torres joined the meeting.
4.
Approval of Consent Agenda (Audio Reference 01m:54s)
The Board proceeded with the approval of the Consent Agenda.
See the Drainage District - Consent Agenda for the action taken.
The Board proceeded with the approval of the Consent Agenda.
See the Drainage District - Consent Agenda for the action taken.
5.
General Operations:
A.
AI -84125
Requesting authority to advertise and approval of Request for Qualifications (RFQ) packet (including qualifications, requirements, and scope of services) as attached hereto for "Hidalgo County Drainage District No. 1 Pool of Professional Services" for the following:
1. Professional Engineering Services - RFQ No. HCDD1-21-005-02-02-RFV;
2. Surveying Services - RFQ No. HCDD1-21-006-02-02-RFV;
for selection of firms per project on an "as needed basis" through grading/scoring, ranking, negotiation protocol as established by the Hidalgo County Drainage District No. 1 Board of Directors. (Audio Reference 02m:03s)
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 items 5.A.1 and 5.A.2.
Vote: 5 - 0 – Unanimously
1. Professional Engineering Services - RFQ No. HCDD1-21-005-02-02-RFV;
2. Surveying Services - RFQ No. HCDD1-21-006-02-02-RFV;
for selection of firms per project on an "as needed basis" through grading/scoring, ranking, negotiation protocol as established by the Hidalgo County Drainage District No. 1 Board of Directors. (Audio Reference 02m:03s)
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 items 5.A.1 and 5.A.2.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -84152
1. Requesting approval to accept CSP response and award a negotiated Construction Contract to the highest ranked Contractor meeting all specified requirements, Castle Enterprises, LLC, for CSP No. HCDD1-21-050-12-08-RFV”, Drainage Area Improvements for Y Drain Ph I, Tower Road between Rogers and Monte Cristo & Curry Drain and Valverde Rd Crossing," in the amount of $837,721.04, as approved for negotiations by the Board of Directors on Agenda Item No. 83996 on December 28, 2021. (Subject to Legal review and Compliance with HB1295). (Audio Reference 02m:53s)
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.1.
Vote: 5 - 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 03m:37s)
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.2.
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.B.1.
Vote: 5 - 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 03m:37s)
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.2.
Vote: 5 - 0 -Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -84146
Discussion and Approval by Hidalgo County Drainage District No. 1 of Resolution recognizing the necessity of acquiring easements or rights of way or fee title in connection with the construction of the B-18-13 Hidalgo Drain Project in Hidalgo County, Texas and authorizing the acquisition of said easements or rights of way or fee title described in the Resolution and exhibits thereto by condemnation(eminent domain)or otherwise. Single vote shall apply to all units of property described in said Resolution. (Audio Reference 04m:07s)
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 -84105
1. Requesting approval to accept CSP response and award a negotiated Construction Contract to the highest ranked Contractor meeting all specified requirements, Mor - Wil, LLC, for CSP No. HCDD1-21-054-12-08-MSS "Mile 9 N & FM1015 -Package 1B Improvements - 2018 Bond Referendum Project #24” , in the amount of $3,504,360.77, as approved for negotiations by the Board of Directors on Agenda Item No. 83998 on December 28, 2021. (Subject to Legal review and Compliance with HB1295). (Audio Reference 04m:45s)
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. 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 05m:29s)
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.B.2.
Vote: 5 - 0 -Unanimously
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. 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 05m:29s)
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.B.2.
Vote: 5 - 0 -Unanimously
Attachments:
C.
AI -84123
1. Requesting approval of Supplemental Agreement No. 1 to the Professional Engineering Services Contract (C-HCDD1-19-007-04-09), with Halff Associates, Inc., for the project: "Mile 9 N & FM 1015 -2018 Bond Referendum Project #24", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of October 4, 2024 (subject to Legal review and compliance with HB1295). (Audio Reference 05m:57s)
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.C.1.
Vote: 5 - 0 -Unanimously
2. Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-007-04-09), with Halff Associates, Inc., for the project: "Mile 9 N & FM 1015 -2018 Bond Referendum Project #24", to reflect a revised period of service to end on October 4, 2024 (subject Legal review and compliance with HB1295). (Audio Reference 06m:25s)
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.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 6.C.1.
Vote: 5 - 0 -Unanimously
2. Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-007-04-09), with Halff Associates, Inc., for the project: "Mile 9 N & FM 1015 -2018 Bond Referendum Project #24", to reflect a revised period of service to end on October 4, 2024 (subject Legal review and compliance with HB1295). (Audio Reference 06m:25s)
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.C.2.
Vote: 5 - 0 -Unanimously
Attachments:
D.
AI -84130
Mission Lateral - Budget 526
Approval of Application for Payment No. 1 in the amount of $237,547.50 from Saenz Brothers Construction. L&G Engineering PO#642757 (Audio Reference 06m:53s)
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
Approval of Application for Payment No. 1 in the amount of $237,547.50 from Saenz Brothers Construction. L&G Engineering PO#642757 (Audio Reference 06m:53s)
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:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -84129
PSJA Lateral - Budget 305
Approval of Application for Payment No. 4 in the amount of $ 223,821.00 from Saenz Brothers Construction. Javier Hinojosa Engineering PO#641494 (Audio Reference 07m:12s)
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 7.A.
Vote: 5 - 0 – Unanimously
Approval of Application for Payment No. 4 in the amount of $ 223,821.00 from Saenz Brothers Construction. Javier Hinojosa Engineering PO#641494 (Audio Reference 07m:12s)
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 7.A.
Vote: 5 - 0 – Unanimously
Attachments:
8.
Budget Amendments:
A.
AI -84106
1. Discussion and approval of all personnel actions approved after Budget Adoption Date of September 28, 2021.
2. Approval of budget amendments fom the District's General Fund, a decrease of ($26,539.89) from Admin Budget 003, and a Budget Amendment increase of $41,122.57 from M&O Budget 006.
3. Approval of revised Salary Schedule. (Audio Reference 07m:27s)
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 items 8.A.1 through 8.A.3.
Vote: 5 - 0 -Unanimously
2. Approval of budget amendments fom the District's General Fund, a decrease of ($26,539.89) from Admin Budget 003, and a Budget Amendment increase of $41,122.57 from M&O Budget 006.
3. Approval of revised Salary Schedule. (Audio Reference 07m:27s)
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 items 8.A.1 through 8.A.3.
Vote: 5 - 0 -Unanimously
9.
Right of Way Acquisitions:
A.
AI -84150
1. Requesting approval of closing documents for Parcel 6 as it relates to the TxDot FM 1925 Monte Cristo road expansion project and authority for the Chairman of the Board to execute documents. (Audio Reference 08m:14s)
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 9.A.1.
Vote: 5 - 0 -Unanimously
2. Requesting approval of Possession and use agreement between TxDot and Hidalgo Drainage District No. 1 as it relates to the TxDot FM 1925 Monte Cristo road expansion project and authority for the Chairman of the Board to execute documents. (Audio Reference 08m:30s)
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 9.A.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 9.A.1.
Vote: 5 - 0 -Unanimously
2. Requesting approval of Possession and use agreement between TxDot and Hidalgo Drainage District No. 1 as it relates to the TxDot FM 1925 Monte Cristo road expansion project and authority for the Chairman of the Board to execute documents. (Audio Reference 08m:30s)
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 9.A.2.
Vote: 5 - 0 – Unanimously
10.
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 08m:47s)
The Board did not proceed into closed session, and continued to agenda item 12 - Adjournment.
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 08m:47s)
The Board did not proceed into closed session, and continued to agenda item 12 - Adjournment.
A.
Real Property (Tex. Gov't Code 551.072)
Reference agenda item 11.A.
Reference agenda item 11.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference agenda item 11.B.
Reference agenda item 11.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 10.C.a), as it was a closed session item.
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 10.C.a), as it was a closed session item.
11.
Open Session:
A.
Possible Action of Real Estate Acquisition
No action was taken on agenda item 11.A.
No action was taken on agenda item 11.A.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 11.B.
No action was taken on agenda item 11.B.
12.
Adjourn (Audio Reference 08m:52s)
Judge Cortez adjourned the meeting with a vote of approval at 9:40 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
Judge Cortez adjourned the meeting with a vote of approval at 9:40 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 11th day of January, 2022
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 January 11, 2022.
Signed this 11th day of January 2022
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 11th day of January, 2022
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 January 11, 2022.
Signed this 11th day of January 2022
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy