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Minutes for DD-REGULAR AGENDA REGULAR MTG

REGULAR MEETING - FEBRUARY 22, 2022

BE IT REMEMBERED, that on this 22nd day of February A.D., 2022, 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
FEBRUARY 22, 2022
1:30 P.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 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 :10s)

Judge Cortez called the meeting to order at 1:38 P.M.

All members of the Board were present during the roll call, except Commissioner Villarreal and Commissioner Cantu; Both Commissioners joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference :33s)

General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 02m:25s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:33s)

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

See the Drainage District Consent Agenda for the discussion and action taken.

Commissioner Villarreal joined the meeting.
 
5.
 
General Operations:
 
A.
AI -84757
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 Real Estate Appraisal Services," 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 03m:23s)

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 5.A.
            
Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI -84750
1. Requesting approval of additional equipment use reimbursement in the amount of $48,429.12 and $50,060.76 from Hidalgo County Precinct No. 1 for the First and Second Quarters of 2021. Various projects located in Precinct 1.
2. Requesting approval of equipment use reimbursement in the amount of $141,332.96 from Hidalgo County Precinct No. 1 for the Third Quarter of 2021. Various projects located in Precinct 1.
3. Requesting approval of equipment use reimbursement in the amount of $117,622.04 from Hidalgo County Precinct No. 1 for the Fourth Quarter of 2021. Various projects located in Precinct 1. (Audio Reference 03m:50s)

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.B.1 through 3.

Vote: 4 - 0 - Unanimously 
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -84785
3. Approval to rescind action on the agreement by and between Hidalgo County, Hidalgo County Drainage District No.1, and the City of Alton approved on November 02, 2021, as it relates to the Hidalgo County Precinct 3 Glasscock Rd. Mile 4 to Mile 5 Stormwater Project (AI-83203). (Audio Reference 04m:35s)

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.A.3.

Vote: 4 - 0 - Unanimously

4. Discussion, consideration, and approval of the Interlocal Cooperation Agreement between Hidalgo County, Hidalgo County Drainage District No.1, and the City of Alton as it relates to the Hidalgo County Precinct 3 Glasscock Rd. Mile 4 to Mile 5 Stormwater Project. (Pending final legal review) (Audio Reference 05m:09s)

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.A.4.

Vote: 4 - 0 – Unanimously
 
B.
AI -84787
1. Approval to rescind action on the agreement by and between Hidalgo County, Hidalgo County Drainage District No.1, and the City of Mission approved on November 02, 2021, as it relates to the Hidalgo County Precinct 3 Tierra Dorada Stormwater Project (AI-83190). (Audio Reference 05m:32s)

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.B.1.

Vote: 4 - 0 - Unanimously

2.Discussion, consideration, and approval of the Interlocal Cooperation Agreement between Hidalgo County, Hidalgo County Drainage District No.1, and the City of Mission as it relates to the Hidalgo County Precinct 3 Tierra Dorada Stormwater Project. (Pending final legal review) (Audio Reference 05m:46s)

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.B.2.

Vote: 4 - 0 - Unanimously
 
C.
AI -84736
1.  Requesting approval of Supplemental Agreement No. 1 to the Professional Engineering Services Contract (C-HCDD1-19-037-11-26), with Izaguirre Engineering Group, LLC, for the project: “2018 Bond Referendum Projects: 7 & 29 – 7 ½ Mile Rd & Western Rd Project #7, - PD Lateral Project #29” , to reflect a Revised Exhibit "D"-Work Schedule, to extend termination dates of each project. (subject to Legal review and compliance with HB1295). (Audio Reference 05m:59s)

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.1.

Vote: 4 - 0 - Unanimously

2.  Requesting approval of Supplemental Agreement No. 3 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-042-08-13), with Izaguirre Engineering Group, LLC, for the project: “2018 Bond Referendum Projects: 7 & 29 – 7 ½ Mile Rd & Western Rd Project #7, - PD Lateral Project #29”, to reflect a revised period of services for each project. (subject Legal review and compliance with HB1295). (Audio Reference 06m:24s)

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.2.

Vote: 4 - 0 - Unanimously
 
D.
AI -84747
1. Requesting approval of Supplemental Agreement No. 1 to the Professional Engineering Services Contract (C-HCDD1-19-052-11-26), with Izaguirre Engineering Group, LLC, for the project: “2018 Bond Referendum Projects: 1, 4 & 37 - 3 ¼ Mile Rd. & N. Bentsen Palm Dr. Project #1, - 4 Mile Rd. & Minnesota Rd. Project# 4, - Western Rd. & 9 Mile Line Project #37”, to reflect a Revised Exhibit "D"- Work Schedule, to extend termination dates of each project. (subject to Legal review and compliance with HB 1295).
2. Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-052-11-26), with Izaguirre Engineering Group, LLC, for the project: “2018 Bond Referendum Projects: 1, 4 & 37 - 3 ¼ Mile Rd. & N. Bentsen Palm Dr. Project #1, - 4 Mile Rd. & Minnesota Rd. Project# 4, - Western Rd. & 9 Mile Line Project #37”, to reflect a revised period of services for each project.(subject to Legal review and compliance with HB 1295). (Audio Reference 06m:46s)

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 and 6.D.2.

Vote: 4 - 0 - Unanimously
 
E.
AI -84759
1. Requesting approval to accept bids and award a construction contract to the lowest and best bidder meeting all specified requirements, Texas Cordia Construction, LLC, in the amount of $2,269,641.00 for RFB No. HCDD1-22-003-01-19-MSS, “Mission-McAllen Rado Alternate-Phase II-2018 Bond Project #25," and as recommended by project engineer, B2Z Engineering, LLC (subject to Legal Review and Compliance with HB1295). (Audio Reference 07m:39s)

Commissioner Cantu joined the meeting.

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.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 ...'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 08m:18s)

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: 5 - 0 - Unanimously
Attachments:
 
F.
AI -84760
Requesting approval of closing documents for Parcel 13-4 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 08m: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.F.

Vote: 5 - 0 - Unanimously
Attachments:
 
G.
AI -84792
Requesting approval of Change Order No. 1 reflecting an increase in the amount of $231,669.58, in connection with Contract No. C-HCDD1-20-065-01-19 -Hidalgo County Drainage District No. 1 "Drainage Improvements Project -Mile 9 N & FM 1015-Package 2-2018 bond Referendum Project #24", awarded to Mor-Wil, LLC, as recommended by project engineer, Halff Associates, Inc. (subject to compliance to HB1295) (Audio Reference 08m:55s)

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.G.

Vote: 5 - 0 - Unanimously
Attachments:
 
H.
AI -84778
A. Requesting approval to issue payment on award to three (3) special commissioners in the amount of $2,000.00 each pertaining to condemnation proceedings for Cause No, CC-0626-H Parcel #3 Antonio Trevino & Sheila Trevino  
B. Requesting approval to issue payment on award to three (3) special commissioners in the amount of $1,500.00 each pertaining to condemnation proceedings for Cause NO. CC-0629-G Parcel 5 Omar Vela. (Audio Reference 09m:23s)

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.H.A and 6.H.B.

Vote: 5 - 0 - Unanimously
Attachments:
 
I.
AI -84749
1. Approval of Application for Payment No 10 in the amount of $249,792.90 from Mor-Wil, LLC pertaining to construction contract No. C-HCDD1-20-039-08-25 Mile 9 N & FM 1015 Package 1A. Engineering Firm: Halff & Associates PO#640715
2. Approval of Application for Payment No 4 in the amount of $18,390.14 from Mor-Wil, LLC pertaining to construction contract No. C-HCDD1-20-041-08-12 Sunflower Drain. Engineering Firm: Izaguirre Engineering Group PO#640784
3. Approval of Application for Payment No. 7 in the amount of $83,833.24 from Mor-Wil, LLC pertaining to construction contract No. C-HCDD1-20-065-11-18 Mile 9 N & FM 1015 Package 2. Engineering Firm: Halff & Associates PO#641649 (Audio Reference 09m:50s)

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.I.1 through 3.
            
Vote: 5 - 0 – Unanimously
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -84687
Requesting approval of Change Order No. 2 reflecting a decrease in the amount of ($275,000.00) , in connection with Contract No. C-HCDD1-18-049-09-25 -Hidalgo County Drainage District No. 1 "Drainage Improvements Project -FM 495 Drain Control Structure and Donna North Lateral Control Structure", awarded to Venser Contractors, LLC, as recommended by project engineer, Raul E. Sesin, PE, CFM, HCDD1 General Manager. (subject to compliance to HB1295) (Audio Reference 10m:34s)

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 7.A.

Vote: 5 - 0 -Unanimously 
Attachments:
 
8.
 
General Fund:
 
A.
AI -84758
Requesting approval to declare surplus for approximately 31,800 Cubic Yards of Fill Dirt located at West Main Drain- from FM 681 Outfall Drain to Conway Road in as much as an attempt was made for the sale and removal through, RFB 22-008-02-16-RFV and as advertised for (2) two consecutive weeks, and No Bids were received. (Audio Reference 11m:11s)

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.A.
            
Vote: 5 - 0 – Unanimously
Attachments:
 
9.
 
Human Resources:
 
A.
AI -84730
Approval of salary schedule changes in accordance with Hidalgo County Drainage District No. 1 Classification and Compensation Pay Plan, effective 01/03/2022:
        From From To To
Action Dept Slot Position Title G/S Budgeted Salary G/S Proposed Salary
Step Increase Admin 26 Surveying Tech II 12/2 $48,956.00 12/3 $50,669.00
Step Increase M&O 82 Shredder Operator II 7/2 $33,319.00 7/3 $34,485.00
Step Increase M&O 90 Shredder Operator II 7/2 $33,319.00 7/3 $34,485.00
Step Increase M&O 96 Shredder Operator II 7/2 $33,319.00 7/3 $34,485.00
Step Increase  M&O 86 Shredder Operator II 7/1 $32,192.00 7/2 $33,319.00
Step Increase M&O 98 Shredder Operator II 7/1 $32,192.00 7/2 $33,319.00

(Audio Reference 11m:32s)

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.

Vote: 5 - 0 - Unanimously
 
10.
 
Right of Way Acquisitions:
 
A.
AI -84784
Requesting approval of closing documents for Parcel 10A-7 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 12m:36s)

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 10.A.
            
Vote: 5 - 0 – Unanimously
 
11.
 
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:53s)

The Board proceeded into closed session with a vote of approval at 1:51 P.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 12.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference agenda item 12.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 11.C., as it was a closed session item.
 
12.
 
Open Session: (Audio Reference 13m:17s)

The Board returned from closed session at 2:01 P.M., and proceeded to agenda item 12.A.

Commissioner Villarreal did not return from closed session.

 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 13m:23s)

Legal Counselor, Ivan Perez, recommended a motion by the Board to authorize the administration to proceed as discussed and directed in closed session.

The Board proceeded with a vote of approval as recommended.

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 12.A., as recommended.

Vote: 4 - 0 – Unanimously
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on agenda item 12.B.
 
13.
 
Adjourn (Audio Reference 13m:40s)

Judge Cortez adjourned the meeting with a vote of approval at 2:01 P.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, 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 22nd 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 22, 2022.

Signed this 23rd 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