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Minutes for DD-REGULAR AGENDA REGULAR MTG

REGULAR MEETING - MARCH 22, 2022

BE IT REMEMBERED, that on this 22nd day of March 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 ELLIE TORRES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

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
MARCH 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 :12s)

Judge Cortez called the meeting to order at 1:31 P.M.

All members of the Board were present during the roll call, EXCEPT Commissioner Cantu and Commissioner Villarreal.

Commissioner Cantu joined the meeting in Open Session.
 
2.
 
Prayer (Audio Reference :26s)

General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 02m:43s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:53s)

The Board proceeded with the approval of the Consent Agenda.

See the Drainage District - Consent Agenda for action taken.
 
5.
 
General Operations:
 
A.
AI -85171
Discussion on GLO Grant Opportunity for 2018/2019 storm events. (Audio Reference 03m:22s)

Raul Sesin gave an overview on GLO Grant Opportunities for 2018/2019 storm events.

No action was taken on agenda item 5.A.
 
B.
AI -85148
Acceptance and approval of Work Authorization No. 1 in the amount of $146,601.96 as submitted by L&G Consulting Engineers, Inc., through Contract No. C-HCDD1-21-025-06-15 to provide Construction Material Testing for, "Mile 9 N & FM 1015-Package IB Improvements-2018 Bond Referendum Project #24." (Audio Reference 06m:02s)

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.B.
            
Vote: 3 - 0 – Unanimously
 
C.
AI -85158
1.  Requesting approval of the final negotiated Professional Services Agreement with J&R Engineering, LLC (C-HCDD1-21-057-03-22), as it relates to Professional Engineering Services for the project, "Glasscock Road from Mile 4 to Mile 5 Stormwater Management," and as approved for negotiations on 12/14/21 (AI-83817). (subject to Legal review); (Audio Reference 06m: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 item 5.C.1
            
Vote: 3 - 0 – Unanimously

2. Acceptance and approval of Work Authorization No. 1 in the amount of $142,842.50 as submitted by J&R Engineering, LLC, through Contract No. C-HCDD1-21-057-03-22, to provide Engineering Services for,"Glasscock Road from Mile 4 to Mile 5 Stormwater Management." (Audio Reference 06m:52s)

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.C.2
            
Vote: 3 - 0 – Unanimously 
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -85169
1.  Requesting Approval of a Budget Amendment in the amount of $1,809,136.54 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 07m: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 6.A.1
            
Vote: 3 - 0 – Unanimously

2.  Requesting Approval of a Budget Amendment in Capital Project Fund 136 recognizing Bond Proceeds, issuance cost, and premium of 2021 Bond Series  and carry over the available balance of $33,833,186.24 into 2022 Budget. (Audio Reference 07m:32s)

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: 3 - 0 – Unanimously

3.  Request Approval of a Budget Amendment in Capital projects fund 137 recognizing Bond Proceed, issuance cost, and premium of 2021A Taxable Bond Series and carry over the available balance of 50,128,370.21 into 2022 Budget. (Audio Reference 07m: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.3
            
Vote: 3 - 0 – Unanimously
 
B.
AI -85114
Requesting authority to advertise and approval of a Competitive Sealed Proposals packet (requirements, specifications and plans) developed by Project Engineer Firm, Cruz-Hogan Consultant,"Highway 281 & FM 88-2018 Bond Referendum Project No. 14" -CSP No. HCDD1-22-019-04-20-RFV, 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 09m:07s)

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.B.
            
Vote: 3 - 0 – Unanimously
Attachments:
 
C.
AI -85120
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, "Mid Valley Airport- IBWC Ditch 18B Drainage Improvements-2018 Bond Referendum Project #19"-CSP No. HCDD1-22-020-04-13-RFV, including the re-advertising of the project in the event no responses are received and/or are rejected and the project is still required. (Audio Reference 09m:33s)

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.C.
            
Vote: 3 - 0 – Unanimously
Attachments:
 
D.
AI -85163
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,"Sale and Removal of Fill Dirt -J-08 Drain -Excavation of Parcel 15A-8 -2018 Bond Referendum Project# 15A," RFB No. HCDD1-22-022-04-13-RFV, including the re-advertisement of project in the event bids are rejected, or no bids are received & project is still required. (Audio Reference 10m:00s)

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.
            
Vote: 3 - 0 – Unanimously
Attachments:
 
E.
AI -85164
Requesting authority to advertise and approval of procurement packet (i.e., legal notice, specifications, bid page, etc.,) as attached hereto for the purchase of two (2) Vertical Axial-Flow Pump for, ''Mile 9 & FM 1015-(18BP24)'' & ''Mid-Valley Airport -IBWC Ditch 18B Drainage Improvement'', RFB No. HCDD1-22-021-04-13-ESZ including the re-advertisement in the event bids are rejected, or no bids are received & project is still required. (Audio Reference 11m:07s)

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.
            
Vote: 3 - 0 – Unanimously
Attachments:
 
F.
AI -85125
Requesting approval of closing documents for Parcel 13-15 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 11m:47s)

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: 3 - 0 – Unanimously
Attachments:
 
G.
AI -85166
Requesting approval of closing documents for Parcel 34-RDF as it relates to Project 34 of the 2018 Drainage Bond Program - South Lateral Drain Project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 12m:01s)

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.G.
            
Vote: 3 - 0 – Unanimously
Attachments:
 
H.
AI -85038
Requesting approval of closing documents for Parcel 16-1 as it relates to Project 16 of the 2018 Drainage Bond Program - Jackson Rd. Drain and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 12m:16s)

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.H.
            
Vote: 3 - 0 – Unanimously
Attachments:
 
I.
AI -85153
Raymondville Drain - Budget 010 Cesar Chavez, Texas Rd, Canton, & Tower Rd Improvements
1. Approval of Application for Payment No. 2 in the amount of $271,847.53 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-011-07-27. Project Engineer; HCDD1 Omar Anzaldua PE, PO#642716 (Audio Reference 12m:29s)

Raul Sesin stated a correction to the amount on agenda item 6.I.1, in which it should state $272,847.53, and not $271,847.53.

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.I.1, with stated correction.
            
Vote: 3 - 0 – Unanimously

Mission Lateral - Budget 526
2. Approval of Application for Payment No. 2 in the amount of $169,342.50 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-21-027-07-27. Project Engineer; L&G Engineering, PO#642757
Mission Lateral - Budget 526 Phase II
3. Approval of Application for Payment Retainage in the amount of $219,708.75 plus interest of $446.48 from H&R Lease pertaining to Construction Contract C-HCDD1-20-042-09-08. Project Engineer; L&G Engineering PO#640759-21
Old La Blanca & Mile 10 N. - Budget 528
4. Approval to accept Certificate of Substantial Completion and Certificate of Construction Completion from Venser Contractors, LLC pertaining to Construction Contract C-HCDD1-20-044-09-15. Project Engineer; Guzman & Munoz Engineering PO#641035
5. Approval of Application for Payment No. 5 Retainage in the amount of $21,066.28 plus interest of $30.76 from Venser Contractors, LLC pertaining to Construction Contract C-HCDD1-20-044-09-15. Project Engineer; Guzman & Munoz Engineering PO#641035
PD Lateral Phase II - Budget 529
6. Approval of Application for Payment No. 9 in the amount of $181,506.05 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-029-06-23. Project Engineer; Izaguirre Engineering PO#640212 (Audio Reference 13m:05s)

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.I.2 through 6.I.6.
            
Vote: 3 - 0 – Unanimously
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -85159
Weslaco Drain - Budget 335
Approval of Application for Payment No. 4 in the amount of $33,923.79 from Castle Enterprises pertaining to Construction Contract C-HCDD1-21-017-06-1. Project Engineer; HCDD1 Omar Anzaldua Jr. PE PO#642481 (Audio Reference 14m:34s)

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: 3 - 0 – Unanimously
Attachments:
 
8.
 
TCEQ Raymondville Drain Project Phase 2:
 
A.
AI -85161
Requesting authority to allow general legal counsel to submit certification to TCEQ regarding RESTORE funds to be used within and limited to the boundaries of the “Ditch” known as the North Raymondville Drain as set forth in the Interlocal Agreement with the Delta Lake Irrigation District. (Audio Reference 14m:54s)

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 8.A.

Vote: 3 - 0 - Unanimously 
Attachments:
 
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 15m:16s)

The Board proceeded into closed session with a vote of approval at 1:47 P.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval to proceed into closed session.

Vote: 3 - 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, as it was a closed session item.
 
1.
AI -85174
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 275th District Court of Hidalgo County, Texas.

No action was taken on agenda item 9.C.1, as it was a closed session item.
 
10.
 
Open Session: (Audio Reference 17m:26s)

Commissioner Cantu joined the meeting.

The Board returned from closed session at 2:26 P.M. and proceeded to agenda item 10.A.

 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 17m:26s)

Legal Counselor, Ivan Perez, recommended a motion to allow Raul Sesin to proceed as discussed in closed session, in regard to Real Estate Acquisition.

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 10.A, with comment stated above.

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

No action was taken on agenda item 10.B.
 
11.
 
Adjourn (Audio Reference 17m:43s)

Judge Cortez adjourned the meeting with a vote of approval at 2:27 P.M.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, 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 March 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 March 22, 2022.

Signed this 23rd day of March 2022




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy