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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - MAY 31, 2022

BE IT REMEMBERED, that on this 31st day of May 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
MAY 31, 2022
1:45 P.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 01m:20s)

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 and Commissioner Torres.

Commissioner Torres joined the meeting at a later time.

Commissioner Cantu joined the meeting during adjournment.
 
2.
 
Prayer (Audio Reference 01m:35s)

General Manager of Drainage District No.1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 04m:00s)

There were no open forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 04m:17s)

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 -86047
Discussion and update as it relates to Hidalgo County Drainage District No.1 - 2022 Hurricane Season preparedness and pump mobilization. (Audio Reference 04m:34s)

Raul Sesin gave an overview on how the department has begun to prepare for 2022 Hurricane Season.

No action was taken on agenda item 5.A.

Commissioner Torres joined the meeting.
 
B.
AI -86042
Requesting Approval of Interlocal Agreement by and between Hidalgo County Drainage District No.1 and the Hidalgo County Head Start Program as it relates to Civil Engineering Services & Consultation related to the platting process for the Head Start Outdoor Learning Environments and Discovery Classrooms project. (Pending final legal review) (Audio Reference 08m:34s)

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:
 
C.
AI -86044
Requesting approval of Interlocal Agreement by and between Hidalgo County Drainage District No. 1, Hidalgo County Pct. 3, and the City of Palmview as it relates to the Tierra Linda Drain Improvement project. (Pending final legal review) (Audio Reference 09m:02s)

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.C.

Vote: 4 - 0 – Unanimously
Attachments:
 
D.
AI -86078
Requesting approval of Interlocal Agreement by and between Hidalgo County Drainage District No. 1 and the City of Weslaco as it relates to the Maintenance Rights and Operation for the Control Structure identified in License No. LSF-G-288. (Pending final legal review) (Audio Reference 09m:15s)

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.D.
            
Vote: 4 - 0 – Unanimously
Attachments:
 
E.
AI -86041
Requesting Approval for Hidalgo County Drainage District No.1 to perform improvements to existing outfalls into Hidalgo County Drainage District No.1 Bates Lateral pertaining to Frontera Energy Center for $19,703.42 and approval of resolution declaring improvements serve a public purpose. (Audio Reference 10m:01s)

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.E.

Vote: 4 - 0 - Unanimously
 
F.
AI -86074
Requesting approval of the Utility Relocation Cost estimate from M&H Engineering for $135,880.00 as it relates to the HCRMA 365 Tollway Outfall Drainage Parcel OD-4. HCDD No.1 will seek reimbursement from Hidalgo County Regional Mobility Authority (HCRMA) pursuant to the interlocal agreement dated November 17th, 2020. (Audio Reference 10m:20s)

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.F.

Vote: 4 - 0 - Unanimously
Attachments:
 
G.
AI -85889
1. Requesting approval to accept CSP response and award the negotiated Construction Contract, including Best and Final Offer, for the project: "Mid-Valley Airport Ditch 18B Drainage Improvements-2018 Bond Referendum Project No. 19" (Contract No. C-HCDD1-22-020-05-31) to Mor-Wil, LLC, in the total amount of $1,218,969.71 (base bid) as approved for negotiations by the Board of Directors on May 17, 2022 (Agenda Item No.85718). (Subject to Legal Review and Compliance with HB1295). (Audio Reference 10m:47s)

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 5.G.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 11m:21s)

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.G.2.

Vote: 4 - 0 – Unanimously
 
H.
AI -86028
Requesting authority to advertise and approval of Request for Bids packet (requirements, specifications and plans) developed by Project Engineer, ICE Engineering for Hidalgo County Drainage District No. 1 project, "Repair and Re-Construction of Main Floodwater Channel Weir No. 4, located in Willacy County, Texas" -RFB No. HCDD1-22-030-06-22-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 11m:47s)

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 5.H.

Vote: 4 - 0 - Unanimously
Attachments:
 
I.
AI -85887
Requesting approval of Change Order No. 7 reflecting an increase in the amount of $60,109.36, and Ninety (90) additional construction calendar days, in connection with Contract No. C-HCDD1-20-002-02-11 -"Mission
Inlet Drainage Improvements Project (Section C & F-Balboa Estates Area Drainage Improvements)'' with Castle Enterprises, LLC, as recommended by Project Engineer, L&G Engineering. (Audio Reference 12m:17s)

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 5.I.

Vote: 4 - 0 - Unanimously
Attachments:
 
J.
AI -86068
Raymondville Drain - Budget 130-010
1. Approval of payment of Invoice No. 03-2022RD in the amount of $15,776.44 from Hidalgo County Precinct No. 4, for reimbursement of Equipment and Labor Force for Pay Period 3, 2022. 
2. Approval of payment of Invoice No. 04-06-2022RS in the amount of $27,327.72 from Hidalgo County Precinct No. 4, for reimbursement of Equipment and Labor Force for Pay Period 4, 2022. 
3. Approval of payment of Invoice No. 05-06-2022 RD in the amount of $102,858.29 from Hidalgo County Precinct No. 4 for reimbursement of Equipment and Labor Force for Pay Periods 5 and 6, 2022. (Audio Reference 12m:41s)

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 5.J.1 through 3.

Vote: 4 - 0 - Unanimously
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -86045
Requesting approval of Interlocal Agreement by and between Hidalgo County Drainage District No. 1 and the City of Pharr as it relates to the South Pharr Lateral and Las Milpas Drainage Improvement project. (Pending final legal review) (Audio Reference 13m:29s)

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.A.

Vote: 4 - 0 - Unanimously
Attachments:
 
B.
AI -86030
Requesting authority to advertise and approval of Request for Bids packet (requirements, specifications and plans) developed by Project Engineer, B2Z Engineering, LLC, for Hidalgo County Drainage District No. 1 project, "South "I" Road West Side Drainage Improvements-2018 bond Referendum Project No. 33" -RFB No. HCDD1-22-028-06-22-ESZ, 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 13m: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.

Vote: 4 - 0 - Unanimously
Attachments:
 
C.
AI -86040
Requesting authority to advertise and approval of Request for Bids packet (requirements, specifications and plans) developed by Project Engineer, B2Z Engineering, LLC, for Hidalgo County Drainage District No. 1 project, "South "I" Road East Side Drainage Improvements-2018 Bond Referendum Project No. 33" -RFB No. HCDD1-22-029-06-22-ESZ, 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 14m:09s)

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.

Vote: 4 - 0 - Unanimously
Attachments:
 
D.
AI -86032
Requesting authority to advertise and approval of procurement packet (i.e., legal notice, specifications, bid page, etc.) as attached hereto for the purchase of one (1) Vertical Axial/Mixed-Flow Pump for, ''Highway 281 & FM 88 -2018 Bond Referendum Project No. 8'', RFB No. HCDD1-22-031-06-22-ESZ including the re-advertisement in the event bids are rejected, or no bids are received & project is still required. (Audio Reference 14m:43s)

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: 4 - 0 - Unanimously
Attachments:
 
E.
AI -86062
Requesting approval of closing documents for Parcel 13-17 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 15m:14s)

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: 4 - 0 - Unanimously
Attachments:
 
F.
AI -86075
Requesting approval of Change Order No. 2 reflecting an increase in the amount of $328,637.20, and One Hundred and Twenty (120) additional construction calendar days, in connection with Contract No. C-HCDD1-20-009-07-07 -"South Lateral Drain Improvements Phase I (McColl Rd to San Juan Rd) -2018 Bond Referendum Project No.34'' with Castle Enterprises, LLC, as recommended by Project Engineer, L&G Engineering. (Subject to compliance with HB-1295) (Audio Reference 15m: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 6.F.

Vote: 4 - 0 - Unanimously
Attachments:
 
G.
AI -86072
South Main Drain - Budget 010
1. Approval of payment of Invoice No. 04-06 2022RS in the amount of $5,261.51 from Hidalgo County Precinct 4, for reimbursement of Equipment and Labor Force for Pay Period 6 2022. (Audio Reference 15m:58s)

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.G.1.

Vote: 4 - 0 - Unanimously

Mile 9N & FM 1015 - Budget 524
2. Approval of Application for Payment No. 8 in th amount of $74,177.33 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-065-11-18 Mile 9N & FM 1015 Package 2. Project Engineer: Halff Associates PO#641649 (Audio Reference 16m:31s)

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.G.2.

Vote: 4 - 0 - Unanimously

3. Approval of Application for Payment No. 11 in the amount of $704,974.94 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-039-08-25 Mile 9N & FM 1015 Package 1 A. Project Engineer: Halff Associates PO#640715 (Audio Reference 16m:53s)

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.G.3.

Vote: 4 - 0 - Unanimously

Sunflower Drain - Budget 536
4. Approval of Application for Payment No. 5 in the amount of $82,206.00 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-041-08-12 Sunflower Drain. Project Engineer: Izaguirre Engineering Group PO#640784 (Audio Reference 17m:14s)

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.G.4.

Vote: 4 - 0 - Unanimously
 
7.
 
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 17m:32s)

The Board proceeded into closed session with a vote of approval at 9:46 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 proceed into closed.

Vote: 4 - 0 - Unanimously
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference agenda item 8.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference agenda item 8.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 7.C.a) as it was a closed session item.
 
1.
AI -86081
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. (Audio Reference 19m:26s)

Upon returning from closed session, Legal Counselor, Gregory Kerr, recommended a motion to authorize legal counsel to proceed as directed in executive 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 7.C.1, as recommended.
            
Vote: 4 - 0 – Unanimously

The Board proceeded to agenda item 9 - Adjournment.
 
8.
 
Open Session: (Audio Reference 19m:06s)

The Board returned from closed session at 10:33 A.M., and proceeded to agenda item 8.A.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 19m:13s)

Legal Counselor, Gregory Kerr, recommended a motion to authorize Raul Sesin to proceed as directed in executive session.

The Board proceeded with a vote of approval as recommended.

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, as recommended.

Vote: 4 - 0 - Unanimously

The Board proceeded to agenda item 7.C.1 (Audio Reference 19m:23s)
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on agenda item 8.B.
 
9.
 
Adjourn (Audio Reference 19m:40s)

Judge Cortez adjourned the meeting with a vote of approval at 10:34 A.M.

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 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 31st day of May 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 May 31, 2022.

Signed this 1st day of June 2022




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy