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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - FEBRUARY 8, 2022

BE IT REMEMBERED, that on this 8th day of February 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
FEBRUARY 8, 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:01s)

Judge Cortez called the meeting to order at 9:30 a.m.

All members of the Board were present during the roll call, except Commissioner Cantu, who joined the meeting at a later time.

 
2.
 
Prayer (Audio Reference :19s)

General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 02m:15s)

There were no participants for Open Forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:26s)

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 -84553
Requesting approval of Interlocal Cooperation Agreement with Donna Irrigation District as it relates to the La Blanca Village drainage project. (Audio Reference 02m:46s)

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: 4 - 0 – Unanimously
Attachments:
 
B.
AI -84430
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 “Inlets, Manholes and Related Items”, RFB No. HCDD1-22-011-03-02-ESZ, including the re-advertisement of project in the event bids are rejected, or no bids are received & project is still required. (Audio Reference 03m:16s)

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.B.

Vote: 4 - 0 - Unanimously
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -84406
1. Requesting approval of closing documents for Parcel 10A-15 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for the Chairman of the Board to execute documents. (Audio Reference 03m:40s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 6.A.1.
            
Vote: 4 - 0 – Unanimously

2. Requesting approval of closing documents for Parcel 10A-17 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for the Chairman of the Board to execute documents.  (Audio Reference 03m:53s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 6.A.2.
            
Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI -84520
Requesting approval of closing documents for Parcel 13-16 as it relates to Project 13 of the 2018 Drainage Bond Program - Hidalgo Drain and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 04m:07s)

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.

Vote: 4 - 0 - Unanimously
Attachments:
 
C.
AI -84518
Acceptance and approval of Supplemental Agreement No. 1 for services under Work Authorization No. 1, through Contract No. C-HCDD1-21-026-06-01 with B2Z Engineering, LLC, resulting in an estimated cost increase of $95,937.18 for, "Mission-McAllen Rado Alternate Ph I-2018 Bond Referendum Project #25." (subject to Legal Review) (Audio Reference 04m:27s)

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.

Vote: 4 - 0 - Unanimously
Attachments:
 
D.
AI -84534
A.  Request approval to issue payment on award to three (3) special commissioners in the amount of $3,500 each pertaining to condemnation proceedings for Cause No, CCD-0632-I Parcel 1&2 Taek Kim and Nancy Vargas Kim as Co-Trustees of the Kim Family. 
B.  Request approval to issue payment on award to three (3) special commissioners in the amount of $2,500 each pertaining to condemnation proceedings for Cause No, CCD-0628-H Parcel #6 George Adrian Lopez and Claudia Lopez.
C.  Request approval to issue payment on award to three (3) special commissioners in the amount of $3,000 each pertaining to condemnation proceedings for Cause No, CCD-0629-G Parcel #7 Pedro H. Lopez and Hilda Lopez. (Audio Reference 04m:29s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda items 6.D.A through C.
            
Vote: 4 - 0 – Unanimously
Attachments:
 
E.
AI -84525
Jackson Rd Drain - Budget 516
1. Approval of Application for Payment No. 7 in the amount of $63,576.00 from RG Enterprises, LLC DBA G&G Construction pertaining to Construction Contract C-HCDD1-20-034-08-11. Project Engineer: Quintanilla, Headley and Associates PO#640613 (Audio Reference 05m:36s)

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.1.

Vote: 4 - 0 – Unanimously

2. Approval of Application for Payment No. 8 in the amount of $89,900.35 from RG Enterprises, LLC DBA G&G Construction pertaining to Construction Contract C-HCDD1-20-034-08-11. Project Engineer: Quintanilla, Headley and Associates PO#640613 (Audio Reference 05m:58s)  

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.2.

Vote: 4 - 0 - Unanimously

Old La Blanca & Mile 10N - Budget 528
3. Approval of Application for Payment No. 4 in the amount of $55,982.25 from Venser Contractors, LLC pertaining to Construction Contract C-HCDD1-20-044-09-15. Project Engineer: Guzman & Munoz Engineering & Surveying, Inc. PO#641035 (Audio Reference 06m:17s)  

Commissioner Cantu joined the meeting.

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.3.

Vote: 5 - 0 – Unanimously

South Lateral Drain -Budget 525
4. Approval of Application for Payment No. 10 in the amount of $125,141.40 from Castle Enterprises pertaining to Construction Contract C-HCDD1-20-009-07-07. Project Engineer: L&G Engineering PO#640528 (Audio Reference 06m:36s)  

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.E.4.

Vote: 5 - 0 -Unanimously 
 
F.
AI -84546
Requesting approval of Change Order No. 6 reflecting an increase in the amount of $243,614.52, and additional Ninety (90) calendar days, in connection with Construction Contract C-HCDD1-20-041-09-15-"Sunflower Drain -2018 Bond Referendum Project #36" with Mor-Wil, LLC, as recommended by Project Engineer, Izaguirre Engineering Group. (Audio Reference 06m:54s)  

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 6.F.
            
Vote: 5 - 0 – Unanimously
Attachments:
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -84549
Requesting approval of Change Order No. 3 an increase in the amount of $253,113.50, and additional One hundred and twenty (120)calendar days, in connection with the construction Contract C-HCDD1-20-063-11-12, “P.S.J.A. Lateral Drain Ditch Improvements (Earling Road to South Main Drain Phase I)" with  Saenz Brothers Construction, LLC, and as recommended by Project Engineer, Javier Hinojosa Engineering (subject to compliance to HB1295). (Audio Reference 07m:24s)  

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 7.A.
            
Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI -84533
Mission Inlet - Budget 020
Approval of Application for Payment No. 7 in the amount of $78,971.40 from Castle Enterprises pertaining to Construction Contract C-HCDD1-20-002-02-11. Project Engineer L&G Engineering PO#639479 (Audio Reference 08m:00s)  

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 7.B.

Vote: 5 - 0 -Unanimously 
Attachments:
 
8.
 
General Fund:
 
A.
AI -84512
Requesting approval of Amendment No. 1 to the Agreement No. C-HCDD1-21-004-02-09, for "Professional Surveying Services On Call (on as needed basis)", with Quintanilla, Headley & Associates, Inc., to extend the Surveying Services expiration date until February 8, 2023. (subject to Legal approval and compliance to HB1295). (Audio Reference 08m: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
Attachments:
 
B.
AI -84535
Requesting approval of Amendment No. 1 to the Agreement No. C-HCDD1-21-005-02-09, for "Professional Surveying Services On Call (on as needed basis)", with SAMES, Inc., to extend the Surveying Services expiration date until February 8, 2023. (subject to Legal approval and compliance to HB1295). (Audio Reference 08m:42s)  

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 8.B.
            
Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI -84558
1. Presentation of scoring grid (for the purpose of ranking by HCDD1 Board of Directors) of the graded and evaluated firms submitting responses to CSP No. HCDD1-22-001-12-22-MSS “ALAMO EXPRESSWAY DRAIN EXTENSION IMPROVEMENTS (1/4 MILE SOUTH OF MOORE ROAD TO INTERSTATE 2)” (Audio Reference 09m:05s)  
 
FIRM NAME SCORE RANK
Clore Equipment, LLC 94.33  
Mor-Wil, LLC 94.02  
Castle Enterprises, LLC 92.03               
Saenz Brothers Construction, LLC 89.68  
H2O Construction Services, Inc. 86.32  
Texas Cordia Construction, LLC 78.64  
 
(Audio Reference 09m:05s)   

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.C.1, as ranked.

Vote: 5 - 0 – Unanimously

2.  Pursuant to the Boards approval, requesting authority for Hidalgo County Drainage District No.1 to negotiate a Construction Services Agreement with the number one ranked firm of: Clore Equipment, LLC, for the provision construction services for: CSP No. HCDD1-22-001-12-22-MSS “ALAMO EXPRESSWAY DRAIN EXTENSION IMPROVEMENTS (1/4 MILE SOUTH OF MOORE ROAD TO INTERSTATE 2)” (Audio Reference 09m:45s)  

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 8.C.2.
            
Vote: 5 - 0 – Unanimously
 
9.
 
Right of Way Acquisitions:
 
A.
AI -84536
Requesting approval of closing documents for Parcel 2 as it relates to Adams & Black project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 10m:09s)  

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 9.A.
            
Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI -84557
1. Requesting approval of closing documents for Parcel OD-1A as it relates to the HCRMA US 365 Outfall Project and authority for the Chairman of the Board to execute documents, pending final legal review.
2. Requesting approval of closing documents for Parcel OD-1B as it relates to the HCRMA US 365 Outfall Project and authority for the Chairman of the Board to execute documents, pending final legal review.
3. Requesting approval of closing documents for Parcel OD-3 as it relates to the HCRMA US 365 Outfall Project and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 10m:29s)  

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda items 9.B.1 through 3.
            
Vote: 5 - 0 – Unanimously
Attachments:
 
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 11m:19s)

The Board proceeded into closed session with a vote of approval at 9:42 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: 5 - 0 – Unanimously
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference agenda item 11.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

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, as it was a closed session item.
 
11.
 
Open Session: (Audio Reference 11m:56s)

The Board returned from closed session at 9:59 A.M., and proceeded to agenda item 11.A.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 11m:56s)

Legal Counselor, Ivan Perez, recommended that the Board motion to authorize Raul Sesin to proceed as directed and 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 11.A, with the recommendation stated above.

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

No action was taken on agenda item 11.B.
 
12.
 
Adjourn (Audio Reference 12m:19s)

Judge Cortez adjourned the meeting with a vote of approval at 10:00 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 8th day of February, 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 February 8, 2022.

Signed this 8th day of February 2022




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy