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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - NOVEMBER 30, 2021

BE IT REMEMBERED, that on this 30th day of November 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
NOVEMBER 30, 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:

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 :00s)

Judge Cortez called the meeting to order at approximately 9:30 A.M.

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

Commissioner Torres and Commissioner Cantu joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference :05s)

General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.

Commissioner Torres joined the meeting.
 
3.
 
Open Forum (Audio Reference 02m:10s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:22s)

The Board proceeded with the approval of the Consent Agenda.

See the Drainage District Consent Agenda for action taken.
 
5.
 
General Operations:
 
A.
AI -83567
Requesting approval of Second Addendum to Inter Local Agreement between Hidalgo County Drainage District No.1 and Hidalgo County Irrigation District No.16 as it relates to PD Lateral. (Subject to final legal review) (Audio Reference 02m:43s)

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
Attachments:
 
B.
AI -83575
Requesting approval of Inter Local Agreement by and between Hidalgo County Drainage District No.1, Hidalgo County Pct. 3 and the City of Alton as it relates to Glasscock Rd. Mile 4 to Mile 5 Storm Water Management Project. (Subject to final legal review) (Audio Reference 03m:13s)

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 5.B.

Vote: 4 - 0 – Unanimously
Attachments:
 
C.
AI -83565
Requesting approval of Interlocal Cooperation Agreement with Donna Irrigation District as it relates to the Midway Drain project. (Audio Reference 03m:29s)

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.C.

Vote: 4 - 0 - Unanimously
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -83501
1. Requesting approval to accept CSP response and award a negotiated Construction Contract to the highest ranked Contractor meeting all specified requirements, RDH Site and Concrete, LLC, for CSP No. HCDD1-21-047-11-30 "Faysville Drain Improvements-2018 Bond Referendum Project No. 11A," in the amount not to exceed $476,716.64 as approved for negotiations by the Board of Directors on Agenda Item No. 8338 on November 16, 2021. (Subject to Legal review and Compliance with HB1295). (Audio Reference 04m: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 6.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 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 04m: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.A.2.

Vote: 4 - 0 - Unanimously
 
B.
AI -83533
1. Requesting approval to accept CSP response and award a negotiated Construction Contract to the highest ranked Contractor meeting all specified requirements, RDH Site and Concrete, LLC, for CSP No. HCDD1-21-048-11-30 "Faysville Drain Improvements-2018 Bond Referendum Project No. 11B," in the amount not to exceed $771,519.50 as approved for negotiations by the Board of Directors on Agenda Item No. 83358 on November 16, 2021. (Subject to Legal review and Compliance with HB1295). (Audio Reference 05m:04s)

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.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:44s)

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.2. 

Vote: 5 - 0 - Unanimously
 
C.
AI -83492
1. Requesting approval of Supplemental Agreement No. 3 to the Professional Engineering Services Contract (C-HCDD1-19-012-03-26), with Javier Hinojosa Engineering, for the project: "3 3/4 Mile Rd. & Schuerbach Rd. -2018 Bond Referendum Project #2", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of February 28, 2022 (subject to Legal Review). (Audio Reference 06m:08s)

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: 5 - 0 - Unanimously

2. Requesting approval of Supplemental Agreement No. 4 to Work Authorization No.1 of the Professional Engineering Services Contract (C-HCDD1-19-012-03-26), with Javier Hinojosa Engineering, for the project, "3 3/4 Mile Rd. & Schuerbach Rd.-2018 Bond Referendum Project #2, to reflect a revised period of services to end on February 28, 2022 (subject to Legal Review). (Audio Reference 06m:36s)

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.C.2.

Vote: 5 - 0 – Unanimously
 
D.
AI -83516
1.  Requesting approval of Supplemental Agreement No. 3 to the Professional Engineering Services Contract (C-HCDD1-19-004-03-26), with  L & G Consulting Engineers, Inc. dba L&G Engineering, for the project: "Anaquitas - 2018 Bond Referendum Project #08", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of May 01, 2023, (subject to Legal review and compliance with HB1295). (Audio Reference 07m:10s)

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.

Vote: 5 - 0 - Unanimously

2.  Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 2 of the Professional Engineering Services Contract (C-HCDD1-19-004-03-26), with L & G Consulting Engineers, Inc. dba L&G Engineering, for the project: "Anaquitas - 2018 Bond Referendum Project #08", to reflect a revised period of service to end on, May 01, 2023, (subject Legal review and compliance with HB1295). (Audio Reference 07m:36s)

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.D.2
            
Vote: 5 - 0 – Unanimously
 
E.
AI -83521
1.  Requesting approval of Supplemental Agreement No. 3 to the Professional Engineering Services Contract (C-HCDD1-19-034-03-26), with L & G Consulting Engineers, Inc., dba L&G Engineering, for the project: "Mid Valley Airport -2018 Bond Referendum Project #19, to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of  July 01, 2023 (subject to Legal Review and compliance to HB1295) (Audio Reference 08m:30s)

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.E.1.
            
Vote: 5 - 0 – Unanimously

2.  Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 2 of the Professional Engineering Services Contract (C-HCDD1-19-034-03-26), with L & G Consulting Engineers, Inc. dba L&G Engineering, for the project: "Mid Valley Airport -2018 Bond Referendum Project #19", to reflect a revised period of service to end on July 01, 2023 (subject Legal Review and compliance to HB1295). (Audio Reference 08m:56s)

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.E.2.

Vote: 5 - 0 - Unanimously
 
F.
AI -83541
Raymondville Drain - Budget 010
1. Approval of Application for Payment No. 1 in the amount of $137,578.30 from Mor-Wil, LLC pertaining to Construction Contract HCDD1-21-01-07-27. Engineer HCDD1 PO#642716 (Audio Reference 09m:23s)

Commissioner Fuentes stepped away from 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.F.1.

Vote: 4 - 0 - Unanimously

Jackson Rd. Drain - Budget 516
2. Approval of Application for Payment No. 5 in the amount of $65,185.81 from RG Enterprises, LLC DBA G&G Contractors pertaining to Construction Contract HCDD1-20-034-08-11
3. Approval of Application for Payment No. 6 in the amount of $138,285.00 from RG Enterprises, LLC DBA G&G Contractors pertaining to Construction Contract HCDD1-20-034-08-11 (Audio Reference 09m: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 6.F.2. and 6.F.3.

Vote: 4 - 0 – Unanimously

Mile 9 N & FM1015 - Budget 524
4. Approval of Application for Payment No. 5 in the amount of $165,217.50 from Mor-Wil, LLC pertaining to Construction Contract HCDD1-20-065-11-18. Engineer Halff Associates PO#641649 (Audio Reference 10m:25s)

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.F.4.

Vote: 4 - 0 – Unanimously
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -83548
Requesting authority to advertise and approval of Competitive Sealed Proposals packet (requirements, specifications and plans) developed by project engineer, Raul E. Sesin, P.E., CFM, HCDD1 General Manager, for: "Alamo Expressway Drain Improvements (1/4 Mile South of Moore Road to Interstate 2)"-CSP No. HCDD1-22-001-___-___-MSS, including the re-advertising of the project in the event no responses are received and/or are rejected and project is still required. (Audio Reference 10m:48s)

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 7.A.

Vote: 4 - 0 – Unanimously
 
B.
AI -83551
Requesting approval of Supplemental Agreement No. 3 to the Professional Engineering Services Contract (C-HCDD1-18-036-08-14), with Halff Associates, Inc., for the project: “Delta Region Water Management Project”, to reflect a Revised Exhibit "C"-Work Schedule, with an extended termination date of September 15, 2023 (subject to Legal review and compliance with HB1295). (Audio Reference 11m:23s)

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 7.B.

Vote: 4 - 0 – Unanimously
Attachments:
 
C.
AI -83540
Mission Inlet - Budget 020
1. Approval of Application for Payment No. 5 in the amount of $105,014.11 from Castle Enterprises pertaining to construction contract HCDD1-20-002-02-11. Engineer L&G Engineering PO#639479. (Audio Reference 11m:47s)

Commissioner Fuentes rejoined 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 7.C.1.

Vote: 5 - 0 – Unanimously

Delta Area Watershed - Budget 360
2. Acceptance of Certificate of Substantial Completion and Construction Completion from Saenz Brothers Construction, LLC pertaining to construction contract HCDD1-20-038-09-08. Engineer L&G Engineering PO#640783
3. Approval of Application for Payment Retainage in the amount of $109,508.30 from Saenz Brothers Construction, LLC pertaining to construction contract HCDD1-20-038-09-08. Engineer L&G Engineering PO#640783 (Audio Reference 12m:13s)

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.C.2 and 7.C.3.

Vote: 5 - 0 - Unanimously
 
8.
 
Budget Amendments:
 
A.
AI -83556
Requesting approval of a Budget Amendment in the amount of $7,860,541.95 in the Capital Projects Fund 134 – 2019 Bond Series for Construction Contracts and Work Authorizations relating to the 2018 Drainage Bond Program that have been approved by the Board of Directors. (Audio Reference 12m:44s)

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 8.A.

Vote: 5 - 0 - Unanimously
 
B.
AI -83558
Request approval of a Budget Amendment in amount of $397,010.25 in the District's our Capital Project fund 130 to record the cost of construction for Tierra Dorada Drain. This project will be funded by City of Mission, Hidalgo County Precinct #3, and Drainage District (1/3 each) as per the interlocal that was approved on November 02, 2021. (Audio Reference 13m:09s)

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 8.B.

Vote: 5 - 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 13m:39s)

The Board proceeded into closed session with a vote of approval at 9:44 A.M.

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 proceed into closed session.

Vote: 5 - 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.
 
10.
 
Open Session: (Audio Reference 14m:22s)

The Board returned from closed session at 10:10 A.M., and proceeded to agenda item 10.A.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 14m:30s)

Legal Counselor, Ivan Perez, recommended a vote of approval to authorize the administration to proceed as discussed in closed session.

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, with comment stated above.

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

No action was taken on agenda item 10.B.
 
11.
 
Adjourn (Audio Reference 14m:49s)

Judge Cortez adjourned the meeting with a vote of approval at 10:11 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 30th day of November, 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 November 30, 2021.

Signed this 1st day of December 2021




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy