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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - NOVEMBER 29, 2022

BE IT REMEMBERED, that on this 29th 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 29, 2022
1:30 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 00m: 14s)

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

Commissioner Cantu joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference 00m: 38s)

General Manager of Hidalgo County Drainage District No. 1, Raul Sesin offered the prayer.
 
3.
 
Open Forum (Audio Reference 02m: 35s)

Commissioner Cantu joined the meeting.

There were no participants for Open Forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m: 54s)

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 -88559
Discussion and acceptance of Sub-Grant Award from the Texas Division of Emergency Management (TDEM) for the FY-2022 Pre-Disaster Mitigation Grant Program and approval for Drainage District General Manager to execute Scope of Work, Grant Terms and Conditions and all subsequent forms associated with the Sub-Grant Award as it relates to the North Main Drain Expansion Project. (Subject to final legal review) (Audio Reference 03m: 07s) 

General Manager of Hidalgo County Drainage District No.1, Raul Sesin, delineates the total amount awarded from the grant, the percentage/ amount the Federal Government and Drainage District will be contributing to the North Main Drain Expansion Project.

The Board proceeded with a vote of approval on agenda item 5. A. 

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.

Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI -88602
Discussion, consideration and possible action to approve Memorandum of Understanding between Hidalgo County and Hidalgo County Drainage District No. 1 regarding the 2018 and 2019 CDBG-DR Infrastructure Competitions. Palmview Lateral Extension Project and Phase I & 2 of the South Mercedes Lateral Improvements Project.  (Subject to final legal review)  (Audio Reference 04m: 48s) 

 Mr. Sesin followed up by providing the board with additional comments regarding the 2018 and 2019 CDBG-DR Infrastructure Competitions. Legal Councilor, Ivan Perez clarified that the agenda item presented is to approve the drafted  Memorandum of Understanding (Subject to final legal review) that will be submitted to the G.L.O. 

The Board proceeded with a vote of approval on agenda item 5. B. 

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. B.

Vote: 5 - 0 – Unanimously
 
C.
AI -88603
Discussion, consideration and possible action to approve Memorandum of Understanding between City of Progreso, Texas, and Hidalgo County Drainage District No. 1 regarding the 2018 and 2019 CDBG-DR Infrastructure Competitions.  Phase 1 & 2 Drainage Outfall Projects.  (Subject to final legal review)  (Audio Reference 06m: 24s) 

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: 5 - 0 – Unanimously
 
D.
AI -88604
Discussion, consideration and possible action to approve Memorandum of Understanding between City of Mercedes, Texas, and Hidalgo County Drainage District No. 1 regarding the 2018 and 2019 CDBG-DR Infrastructure Competitions.  City of Mercedes Dome Drainage Improvements Project.  (Subject to final legal review) (Audio Reference 06m: 42s) 

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 5. D.

Vote: 5 - 0 - Unanimously 
 
E.
AI -88605
Discussion, consideration and possible action to approve Memorandum of Understanding between City of Mercedes, Texas, and Hidalgo County Drainage District No. 1 regarding the 2018 and 2019 CDBG-DR Infrastructure Competitions.  Phase 3 South Mercedes Lateral Improvements Project. (Subject to final legal review) (Audio Reference 07m: 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. E.
            
Vote: 5 - 0 – Unanimously
 
F.
AI -88606
Discussion, consideration and possible action to approve Memorandum of Understanding between City of La Villa, Texas, and Hidalgo County Drainage District No. 1 regarding the 2018 and 2019 CDBG-DR Infrastructure Competitions.  Delta Drainage Project, East Lateral Southern Weir Project, and East Lateral Northern Weir Project.  (Subject to final legal review) (Audio Reference 07m: 17s) 

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. F.

Vote: 5 - 0 – Unanimously
 
 
G.
AI -88562
Requesting approval to accept bids and approval to execute Requirements Agreements with multiple vendors submitting the lowest and best bids for primary secondary items meeting all specified requirement for "Lubricants, Anti-Freeze, Grease Hydraulic Fluids, and Related Products",RFB No. HCDD1-22-058-10-26-AG, subject to legal review and compliance with HB-1295. (Audio Reference 08m: 34s)

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 5. G.

Vote: 5 - 0 - Unanimously 
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -88560
Discussion and possible action to ratify termination of Agreement for Professional Engineering Services (C-HCDD1-19-022-04-09) with Alpha Infrastructure Engineering, PLLC. (Audio Reference 09m: 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. A.
            
Vote: 5 - 0 – Unanimously
 
B.
AI -88514
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).  (Audio Reference 09m: 16s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6. B.
            
Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI -88599
1. Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-052-11-26), with Izaguirre Engineering Group, LLC, for the project: “2018 Bond Referendum Projects: 1, 4 & 37," to reflect a Revised Exhibit "D"- Work Schedule for 4 Mile Rd & Minnesota Rd-2018 Bond Project No. 4, to extend termination dates to November 30, 2023. (subject to Legal review and compliance with HB 1295).  (Audio Reference 09m: 44s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, 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. 2 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-052-11-26), with Izaguirre Engineering Group, LLC, for the project: “2018 Bond Referendum Projects: 1, 4 & 37,” to reflect additional scope of professional services in the amount of $15,183.13 and a revised period of services to end November 30, 2023 for 4 Mile Rd & Minnesota Rd-2018 Bond Project No. 4.(subject to Legal review and compliance with HB 1295). (Audio Reference 10m: 12s)

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. 2.

Vote: 5 - 0 – Unanimously
 
D.
AI -88519
1. Requesting approval to accept bids and award a Construction Contract to the lowest and best bidder meeting all specified requirements, Mor-Wil, LLC, in the amount of $1,204,334.50 for
RFB No. HCDD1-22-060-10-26-ESZ “South ''I'' Rd. USIBWC Structure 82L Drainage Improvements -2018 Bond Referendum Project No. 33" as recommended by Project Engineer,
B2Z Engineering (subject to Legal Review and Compliance with HB1295). (Audio Reference 10m: 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. D. 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 an increase or decrease in cost of $50,000.00 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 the consent of the contractor. (Audio Reference 11m: 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. D. 2.

Vote: 5 - 0 - Unanimously
Attachments:
 
E.
AI -88516
Requesting authority to advertise and approval of the Competitive Sealed Proposal packet (requirements, specification and plans) developed by Project Engineer, Quintanilla, Headley and Associates, Inc., for ''Mile 10 North & Baseline Road -2018 Bond Referendum Project No. 20'', -CSP No. HCDD1-22-065-12-21-ESZ, 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 11m: 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. E.

Vote: 5 - 0 - Unanimously
Attachments:
 
F.
AI -88523
Cesar Chavez, Texas Rd, Canton & Tower Road Drain Improvements - Budget 010
1. Approval of Application for Payment No. 6 in the amount of $160,879.61 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-011-07-27 Cesar Chavez, Texas Rd, Canton & Tower Road Drain Improvements. Project Engineer: HCDD1 PO#642716
Mile 9 & FM 1015 - Budget 524
2. Approval of Application for Payment No. 13 in the amount of $239,506.66 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-039-08-25 Mile 9 & FM 1015 Package 1A. Project Engineer: Halff Associates PO#640715
3. Approval of Application for Payment No. 9 in the amount of $151,809.10 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-065-11-18 Mile 9 & FM 1015 Package 2. Project Engineer: Halff Associates PO#641649
South I Rd Detention - Budget 533
4. Approval of Application for Payment No. 2 in the amount of $56,612.25 from IOC Company pertaining to Construction Contract C-HCDD1-22-028-07-12 South I Road Detention West Side. Project Engineer: B2Z Engineering PO#646281
5. Approval of Application for Payment No. 2 in the amount of $10,766.16 from RBM Contractors pertaining to Construction Contract C-HCDD1-22-029A-08-09 South I Road Detention East Side. Project Engineer: B2Z Engineering PO#646597
Hidalgo County Precinct 1 - Budget 508 and 518
6. Payment approval of Invoice DD19 in the amount of $46,264.43 from Hidalgo County Precinct No. 1 for Equipment Rental Reimbursement 1st Quarter 2022 for Anaquitas Budget 508.
7. Payment approval of Invoice DD19 in the amount of $21,239.43 from Hidalgo County Precinct No. 1 for Equipment Rental Reimbursement 1st Quarter 2022 for Progresso Drain Budget 518. (Audio Reference 12m: 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 items 6. F. 1., 6. F. 2., 6. F. 3., 6. F. 4., 6. F. 5., 6. F. 6. and 6. F. 7.

Vote: 5 - 0 – Unanimously
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -88555
Alamo Expressway Drain - Budget 320
1. Approval of Application for Payment No. 7 in the amount of $31,655.52 from Clore Equipment, LLC pertaining to Construction Contract C-HCDD1-22-001-03-08 Alamo Expressway Drain. Project Engineer Omar Anzaldua, Jr. PE, CFM PO#645596
Adams & Black - Budget 365
2. Payment approval of Invoice No. DD19 in the amount of $21,623.87 from Hidalgo County Precinct No. 1 for Equipment Rental Reimbursement for the 1st Quarter of 2022 for Adams & Black project.  (Audio Reference 14m: 40s)

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 7. A.1., and 7. A. 2.

Vote: 5 - 0 – Unanimously
Attachments:
 
8.
 
General Fund:
 
A.
AI -88556
Hidalgo County Precinct No. 1
1. Payment approval of Invoice No. DD19 in the amount of $44,059.92 from Hidalgo County Precinct No. 1 for 1st Quarter 2022 equipment rental reimbursement. 
2. Payment approval of Invoice No. DD20 in the amount of $132,840.89 from Hidalgo County Precinct No. 1 for 2nd Quarter 2022 equipment rental reimbursement. (Audio Reference 15m: 12s)

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 8. A. 1., and 8. A. 2.

Vote: 5 - 0 – Unanimously
Attachments:
 
9.
 
Budget Amendments:
 
A.
AI -88588
Budget Amendment - General Fund to Special Revenue Fund 124
Approval of Budget Amendment in the amount of $200,000 from the District's General Fund, in order to advance to Special Revenue Fund 124 - Region 15 Planning Group.  Cash flow is needed for expenditures performed on this project until  grant funds are reimbursed from TWDB.  Upon completion of grant, all funds will be returned to General Fund. (Audio Reference 15m: 43s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU,  seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 9. A.

Vote: 5 - 0 - Unanimously
Attachments:
 
10.
 
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 16m: 10s)

The Board Proceeded into closed session with a vote of approval at 1:46 P.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 11. A
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference agenda item 11. 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 10. C, as it was a closed-session item.
 
11.
 
Open Session: (Audio Reference 16m: 46s)

The Board returned from Closed Session at 2:01 P.M., and proceeded to the Open Session items.

Commissioner Cantu did not return from Closed Session.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 16m: 56s)

Legal Counselor, Ivan Perez, requested a motion be made to authorize Raul Sesin to proceed as discussed in the closed session, with regards to the Real Estate Acquisition.

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 11. A.

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

No Action was taken on agenda item 11. B.
 
12.
 
Adjourn (Audio Reference 17m: 08s)

Judge Cortez adjourned the meeting with a vote of approval at 2:01 P.M.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, 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 29th 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 29, 2022.

Signed this 30th 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