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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - NOVEMBER 15, 2022

BE IT REMEMBERED, that on this 15th day of November 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
NOVEMBER 15, 2022
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 :59s)

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 Fuentes and Commissioner Cantu.

Commissioner Fuentes and Commissioner Cantu joined the meeting after closed session.
 
2.
 
Prayer (Audio Reference 01m:15s)

General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 03m:23s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 03m:34s)

The Board proceeded with the approval of the Drainage District - Consent Agenda.

See the Drainage District - Consent Agenda for the action taken.
 
5.
 
General Operations:
 
A.
AI -88334
1. Requesting acceptance and approval of a Professional Services Agreement with L&G Consulting Engineers, Inc. (C-HCDD1-22-061-11-15), for Professional Engineering Services to, "Mile 6 Drainage Outfall Project" and as approved for negotiations on 09/20/22 (AI-87556). (subject to Legal review). (Audio Reference 03m:49s)

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.A.1.

Vote: 3 - 0 - Unanimously

2. Approval of Work Authorization No. 1 in the amount of $631,469.82, as submitted by L&G Consulting Engineers, Inc., through Contract No. C-HCDD1-22-061-11-15, to provide Engineering Services for, "Mile 6 Drainage Outfall Project." (Audio Reference 04m:08s)

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.A.2.

Vote: 3 - 0 – Unanimously
 
B.
AI -88407
Requesting authority to advertise and approval of procurement packet (i.e., legal notice, specifications, draft contract etc.) for: Hidalgo County Drainage District No. 1 - ''Purchase of 8'x8' Stainless Steel Slide Gate'' - RFB No. HCDD1-22-056-12-07-ESZ, including the re-advertisement of project in the event no bids are received & project is still required. (Audio Reference 04m:25s)

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.B.

Vote: 3 - 0 - Unanimously
 
C.
AI -88362
Requesting approval to reject sole bid received for, "Concrete Mix and Related Items", through RFB No HCDD1-22-059-11-02-AJL, as to attempt to encourage more vendor participation with the re-advertisement of the project. (Audio Reference 04m: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 5.C.

Vote: 3 - 0 – Unanimously
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -88406
Discussion and Approval by Hidalgo County Drainage District No. 1 of resolution recognizing the necessity of acquiring easements or rights of way or fee title in connection with the construction of the South Lateral Drain 2018 Bond No. 34 in Hidalgo County, Texas and authorizing the acquisition of said easements or rights of way or fee title described in the resolution and exhibits thereto by condemnation(eminent domain)or otherwise. Single vote shall apply to all units of property described in said resolution. (Audio Reference 05m:06s)

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.

Vote: 3 - 0 - Unanimously
Attachments:
 
B.
AI -88397
1. Requesting approval of Right of Possession Agreement for Parcel 10A-E10 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for Drainage District General Manager to execute documents.
2. Requesting approval of Right of Possession Agreement for Parcel 10A-E14 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for Drainage District General Manager to execute documents.
3. Requesting approval of Right of Possession Agreement for Parcel 10A-E16 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for Drainage District General Manager to execute documents.
4. Requesting approval of Right of Possession Agreement for Parcel 10A-E18 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for Drainage District General Manager to execute documents.
5. Requesting approval of Right of Possession Agreement for Parcel 10A-E19 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for Drainage District General Manager to execute documents. (Audio Reference 05m:36s)

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 items 6.B.1 through 6.B.5.

Vote: 3 - 0 – Unanimously
 
C.
AI -88415
Acceptance and approval of Work Authorization No. 13 in the amount of $29,985.00 as submitted by B2Z Engineering, LLC, through Contract No. C-HCDD1-21-026-06-01 to provide Geotechnical Field and Laboratory Services for, "Southwest Weslaco-2018 Bond Referendum Project No. 35." (Audio Reference 06m:39s)

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.C.

Vote: 3 - 0 – Unanimously

Raul Sesin proceeded to agenda item 6.E. (Audio Reference 06m:59s)
 
D.
AI -88347
Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 5 of the Professional Construction Material Testing Services Contract (C-HCDD1-21-026-06-01), with B2Z Engineering for, "Anaquitas Drain Structure-2018 Bond Referendum Project No. 8", to amend Exhibit D with an increase in the amount of $31,607.47 (subject to legal review and compliance with HB1295). 

No action was taken on agenda item 6.D.
Attachments:
 
E.
AI -88247
Requesting approval of Change Order No. 1 reflecting an increase in the amount of $873,498.70, and One Hundred and Twenty (120) additional construction calendar days, in connection with Contract No. C-HCDD1-21-054-01-11 -"Mile 9 N. & FM 1015 -Package 1B Improvements-2018 Bond Referendum Project No. 24'' with Mor-Wil, LLC, as recommended by Project Engineer, Asst. District General Manager, Yvette Barrera, PE, CFM (Audio Reference 06m:59s)

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.E.

Vote: 3 - 0 – Unanimously
 
F.
AI -88401
J-08 Drain - Budget 515
1. Approval of Application for Payment No. 1 in the amount of $320,954.72 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-024-07-26 J-08 Drain. Project Engineer: Quintanilla, Headley & Associates PO#646299 (Audio Reference 07m:29s)

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: 3 - 0 - Unanimously

Mission - McAllen Rado Alternate - Budget 525
2. Approval of Application for Payment No. 4 in the amount of $65,414.92 from Gonzalez Engineering pertaining to Construction Contract C-HCDD1-22-023-07-27 Mission-McAllen Rado Alternate. Project Engineer: B2Z Engineering PO#642887
Mission Lateral - Budget 526
3. Approval of Application for Payment No. 6 in the amount of $185,121.00 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-21-027-07-27 Mission Lateral. Project Engineer: L&G Engineering PO#642757
4. Approval of Payment to Reimburse Hidalgo County Precinct 3 in the amount of $120,147.02 for equipment and labor on the Inspiration Road segment for Pay Periods 3 through 9, 2022.  
South I Rd Detention - Budget 533
5. Approval of Application for Payment No. 1 in the amount of $44,830.67 from RBM Contractors pertaining to Construction Contract C-HCDD1-22-029A-08-09 South I Road Detention. Project Engineer: B2Z Engineering PO#646597
South Lateral Drain - Budget 534
6. Approval of Application for Payment No. 15 in the amount of $12,106.65 from Castle Enterprises made payable to Lexon pertaining to Construction Contract C-HCDD1-22-009-07-07 South Lateral Drain. Project Engineer: L&G Engineering PO#640528
Faysville Drain - Budget 511
7. Approval of Application for Payment No. 2 in the amount of $149,273.32 from RDH Site and Concrete LLc pertaining to Construction Contract C-HCDD1-21-048-11-30 Faysville Drain. Project Engineer: TEDSI Infrastructure PO#645348 (Audio Reference 07m: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 items 6.F.2 through 6.F.7.

Vote: 3 - 0 - Unanimously
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -88404
Mission Inlet - Budget 020
Approval of Application for Payment No. 16 in the amount of $25,098.98 from Castle Enterprises pertaining to Construction Contract C-HCDD1-20-002-02-11 Mission Inlet. Project Engineer: L&G Engineering PO#639479 (Audio Reference 09m: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 7.A.

Vote: 3 - 0 - Unanimously
 
8.
 
TCEQ Raymondville Drain Project Phase 2:
 
A.
AI -88405
Raymondville Drain - Budget 010
Payment approval of Invoice No. 17 2022 RD in the amount of $24,789.74 from Hidalgo County Precinct 4 for labor and equipment reimbursement for Pay Period 17, 2022. (Audio Reference 09m:32s)

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 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 10m:00s)

The Board proceeded into closed session with a vote of approval at 9:39 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 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.
 
10.
 
Open Session: (Audio Reference 10m:32s)

The Board returned from closed session at 10:00 A.M., and proceeded to agenda item 10.A.

Commissioner Fuentes and Commissioner Cantu joined the meeting.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 10m:32s)

Legal Counsel, Gregory Kerr, recommended a motion to authorize the administration to proceed with negotiations as discussed 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 10.A, as recommended.

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 10m:50s)

Judge Cortez adjourned the meeting with a vote of approval at 10:00 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 15th day of November 2022

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Karina Esparza, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on November 15, 2022.

Signed this 15th day of November 2022




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


By: ____________________________
(Seal) Karina Esparza, Deputy