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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - September 21, 2021

BE IT REMEMBERED, that on this 21st 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 21, 2021
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:

 
1.
 
Roll Call (Audio Reference :01s)

Judge Cortez called the meeting to order at approximately 9:33 A.M.

All members of the Board were present during the roll call, with the exception of Commissioner Villarreal and Commissioner Torres. Commissioner Torres was present, however, did not participate in any action that was taken.

Commissioner Villarreal joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference :10s)

General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 02m:28s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:38s)

The Board proceeded with the approval of the Consent Agenda.

See Drainage District Consent Agenda.
 
5.
 
General Operations:
 
A.
AI -82539
1.  Presentation, Discussion and approval of the Hidalgo County Drainage District Premium Pay Program. (Audio Reference 03m:01s)

Commissioner Villarreal joined the meeting, as well as Commissioner Torres via Zoom Software.

Legal Counselor, Ivan Perez, requested that the motion include the start date on when the program would begin for the Drainage District employees.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES with the start date of September 21, 2021, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.A.1.
                                                        
Vote: 4 - 0 – Unanimously

2.  Approval of Interlocal Cooperation Agreement with Hidalgo County. (Audio Reference 04m:14s)

Raul Sesin requested approval subject to legal review on agenda item 5.A.2.

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.2, subject to legal review.

Vote: 4 - 0 - Unanimously
Attachments:
 
B.
AI -82501
Acceptance and approval of Work Authorization No. 4 in the amount of $49,878.93 as submitted by B2Z Engineering, LLC, through Contract No. C-HCDD1-21-026-06-01 to provide Construction Material Testing Services, Construction Management and Inspection for, "Ditch 7 Structure at USIBWC Floodway." (Subject to Legal Review) (Audio Reference 06m: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.B.
                                                        
 Vote: 4 - 0 – Unanimously
 
C.
AI -82502
Acceptance and approval of Work Authorization No. 5 in the amount of $79,291.45 as submitted by B2Z Engineering, LLC, through Contract No. C-HCDD1-21-026-06-01 to provide Construction Material Testing Services, Construction Management and Inspection for, "Anaquitas Drain Structure - 2018 Bond Referendum Project No 8." (Subject to Legal Review) (Audio Reference 06m:30s)

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 5.C.

Vote: 4 - 0 -Unanimously 
Attachments:
 
D.
AI -82525
Fund 130 Raymondville Drain - Budget 010
1. Requesting approval to pay from TWDB Reimbursement Funds $174,274.87 to Hidalgo County Precinct 4 for construction of Segment 1 during Pay Periods 13, 15, 16, 17, and 18. (Audio Reference 06m:53s)

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.1
                                                        
 Vote: 4 - 0 – Unanimously

2. . Requesting approval to pay from TWDB Reimbursement Funds $43,054.60 to Hidalgo County Precinct 4 for construction of South Main Drain for Pay Periods 13, 14, and 18. (Audio Reference 07m:11s)

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.2.
                                                        
Vote: 4 - 0 – Unanimously
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -82500
Acceptance and approval of Work Authorization No. 3 in the amount of $48,067.22 as submitted by B2Z Engineering, LLC, through Contract No. C-HCDD1-21-026-06-01 to provide Construction Material Testing Services for, "South Lateral Drain-2018 Bond Referendum Project No. 34." (Subject to Legal Review) (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 item 6.A.

Vote: 4 - 0 -Unanimously 
 
B.
AI -82485
1. Presentation of scoring grid (for the purposes of ranking by HCDD1 Board of Directors) of the graded and evaluated firms submitting responses to the CSP No. HCDD1-21-040-09-08-MSS"Anaquitas Drain Structure (Proposed Additional (2) 10’X8’ Boxes with Gate Structures) -2018 Bond Referendum Project #08".

 
FIRM NAME SCORE RANK
Mor-Wil, LLC 93.67  
Castle Enterprises, LLC 86.20  
Go Underground, LLC 84.50  
Saenz Brothers Construction 80.12  
Gonzalez Engineering & Management 77.74  
H2O Construction Services 76.70  
Foremost Paving, Inc. 67.78  
IOC Company, LLC 56.68  

(Audio Reference 07m:49s)

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.B.1, as presented.
                                                        
Vote: 4 - 0 – Unanimously

2. Pursuant to the Board's approval, requesting authority for Hidalgo County Drainage District No. 1 to negotiate a Construction Services Agreement with the number one ranked firm of Mor-Wil, LLC, for the provision of construction services for, "Anaquitas Drain Structure (Proposed Additional (2) 10’X8’ Boxes with Gate Structures) -2018 Bond Referendum Project #08"  (Audio Reference 09m:44s)

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.B.2

Vote: 4 - 0 – Unanimously
 
C.
AI -82513
Requesting approval of closing documents for Parcel 24-E3 as it relates to Project 24 of the 2018 Drainage Bond Program - Mile 9 N & FM 1015 project and authority for the Chairman of the Board to execute documents (Audio Reference 10m:03s)

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.

Vote: 4 - 0 -Unanimously 
Attachments:
 
D.
AI -82516
Las Milpas-Hidalgo Budget 513
1. Approval of Application for Payment No. 5 Retainage in the amount of $75,510.22 from Mor-Wil, LLC pertaining to construction contract HCDD1-20-021-06-23. Project Engineer Jose Noe Saldivar PO#640295 (Audio Reference 10m:20s)

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.D.1.
                                                        
Vote: 4 - 0 – Unanimously

Mile 9 N. & FM 1015 - Budget 524
2. Approval of Application for Payment No. 8 in the amount of $255,378.52 from Mor-Wil, LLC pertaining to construction contract HCDD1-20-039-08-25. Project Engineer Halff & Associates PO#640715 (Audio Reference 10m:38s)

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.2.

Vote: 4 - 0 – Unanimously
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -82531
1.  Requesting approval of the final negotiated Professional Services Agreement with   International Consulting Engineers (ICE)  , as it relates to Professional Engineering Services for the project: "Repair and Re-Construction of Main Floodwater Channel Weir No. 4, located in Willacy County, Texas". Approved for negotiations by HCDD1 Board of Directors on Agenda Item # 81798, on July 27, 2021 (subject to Legal review); (Audio Reference 10m:55s)

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.A.1.

Vote: 4 - 0 -Unanimously 

2.  Pursuant to the Board's Approval of the Professional Services Agreement with  International Consulting Engineers (ICE), requesting approval of Work Authorization No. 1 in the amount of $199,137.94, to provide Engineering Services for  "Repair and Re-Construction of Main Floodwater Channel Weir No. 4, located in Willacy County, Texas", subject to Legal review (Contract # C-HCDD1-21-009-02-16). (Audio Reference 11m:19s)

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 7.A.2.
                                                        
Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI -82522
PSJA Lateral Drain -  Budget 305
Approval of Application for Payment No. 3 in the amount of $359,289.00 from Saenz Brothers Construction, LLC. pertaining to construction contract HCDD1-20-063-1112. Project Engineer Javier Hinojosa Engineering PO#641494 (Audio Reference 11m:45s)

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.B.

Vote: 4 - 0 -Unanimously 
Attachments:
 
8.
 
Right of Way Acquisitions:
 
A.
AI -82515
Requesting approval of closing documents for Parcel OD-2C 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 12m:07s)

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 8.A.

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 12m:23s)

The Board proceeded into Closed Session with a vote of approval at 9:45 A.M.

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: 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 -82512
Consultation with Legal Counsel regarding Hidalgo County Drainage District No. 1 vs Godfrey Garza et al, Cause No. C--0373-17-E, pending in the 275 District Court of Hidalgo County, Texas

No action was taken on agenda item 9.C.1.
 
2.
AI -82523
Discussion with legal counsel regarding possibility of filing an amicus curiae brief in Cause No. 21-0507, Hidalgo County Water Improvement District No. 3 v. Hidalgo County Water Irrigation District No. 1, pending before the Texas Supreme Court.

Reference agenda item 10.B.1.
 
10.
 
Open Session: (Audio Reference 12m:56s)

The Board returned from Closed Session at 10:19 A.M, and proceeded to agenda item 10.A.

Commissioner Fuentes was not present for the actions taken on agenda items 10.A, 10.B.1, nor on agenda item 11.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 13m:00s)

Legal Counselor, Ivan Perez, recommended action to authorize the administration to proceed as discussion in the closed session.

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 to authorize the administration to proceed as discussion in the closed session.

Vote: 3 - 0 – Unanimously
 
B.
 
Possible Action on Pending and/or Potential Litigation
 
1.
AI -82524
Discussion and possible action on filing an amicus curiae brief in Cause No. 21-0507, Hidalgo County Water Improvement District No. 3 v. Hidalgo County Water Irrigation District No. 1, pending before the Texas Supreme Court (Audio Reference 13m:20s)

Legal Counselor, Ivan Perez, stated that action was needed if the Board was inclined to have a brief filed on its behalf.

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 10.B.1, as with statement above.

Vote: 3 - 0 – Unanimously

The Board proceeded to agenda item 11 - Adjournment (Audio Reference 13m:44s)
 
11.
 
Adjourn (Audio Reference 13m:44s)

The Board adjourned the meeting with a vote of approval at approximately 10:21 A.M.

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 adjourn the meeting.

Vote: 3 - 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 21st 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, 2021.

Signed this 22nd 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