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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - MARCH 7, 2023

BE IT REMEMBERED, that on this 7th day of March A.D., 2023, 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
MARCH 7, 2023
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 :13s)

Judge Cortez called the meeting to order at 9:31 A.M.

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

Commissioner Villarreal joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference :28s)

General Manager of the Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 02m:30s)

Participant Fern McClaugherty came before the Board to address a concern about a large pothole that is located at 3409 S Jackson Rd in Pct 2.

No action was taken on agenda item 3 - Open Forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 03m:28s)

The Board proceeded to the approval of the DD - Consent Agenda.

See the DD - Consent Agenda for the action taken.
 
5.
 
General Operations:
 
A.
AI -89956
 Discussion and update as it relates to Hidalgo County Drainage District No. 1 recent meetings with Local Delegation in Austin Texas. (Audio Reference 03m:46s)

Commissioner Fuentes, along with Mr. Sesin, provided an overview and update as it relates to Hidalgo County Drainage District No. 1 recent meetings with Local Delegation in Austin Texas.

Commissioner Villarreal joined the meeting.

No action was taken on agenda item 5.A.
 
B.
AI -89959
Requesting approval to submit Hazard Mitigation Grant Program Application to Texas Department of Emergency Management as it relates to the South Lateral Regional Detention Facility and approval for Drainage District General Manager to execute application and all subsequent forms. (Audio Reference 08m:30s)

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 5.B.
            
Vote: 5 - 0 – Unanimously
 
Attachments:
 
C.
AI -89960
Requesting approval to submit Hazard Mitigation Grant Program Application to Texas Department of Emergency Management as it relates to the Mission Lateral Regional Detention Facility and approval for Drainage District General Manager to execute application and all subsequent forms. (Audio Reference 09m:35s)

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.
            
Vote: 5 - 0 – Unanimously
Attachments:
 
D.
AI -89829
 Acceptance and approval of all firms that submitted "Statements of Qualifications for the establishment of a "Pool" for engagement on an "As Needed Basis" per project by Hidalgo County Drainage District No. 1, requiring said services as set forth in the requirements stated in the Request for Qualifications packet for the following listed Professional Services: (Audio Reference 10m:02s)

a. Engineering Services -RFQ No. HCDD1-23-004-03-01-ESZ
b. Surveying Services -RFQ No. HCDD1-23-005-03-01-ESZ
c. Real Estate Appraisal Services -RFQ No. HCDD1-23-006-02-22-ESZ

As each firm has demonstrated competence and qualifications to perform the services for which they submitted, with effective date of "Approved Pools", for a period of one (1) year, commencing March 12, 2023

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.D.
            
Vote: 5 - 0 – Unanimously
 
E.
AI -89867
1. Presentation of the firms responding to RFP No. HCDD1-23-007-02-21-ESZ- "Title Company Services-(Pool)", for the purpose of acceptance as "Qualified" by the HCDD1 Board of Directors:

a. Sierra Title of Hidalgo County, Inc,
b. Valley Land Title Company, LTD (Audio Reference 10m:47s)

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.E.1.a and b.

Vote: 5 - 0 - Unanimously 

2. Pursuant to the Board's approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate separate Contracts with each of the qualified proposers for the provision of "Title Company Services On-Call (on as needed basis)" for Hidalgo County Drainage District No. 1 Projects: (Audio Reference 11m:10s)

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.E.2.

Vote: 5 - 0 – Unanimously
 
F.
AI -89820
1.  Requesting approval of the final negotiated Professional Engineering Service Agreement for the provisions of Project Management & Construction Materials Testing with B2Z Engineering, for the project, "Main Flood Water Channel 2015 GLO Project", Contract No.  C-HCDD1-22-046-03-07 and as approved for negotiations on 08/18/22 AI-87046. (Subject to final legal review) (Audio Reference 11m: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 5.F.1.

Vote: 5 - 0 – Unanimously

2. Acceptance and approval of Work Authorization No. 1 to provide Professional Engineering Services on Project Management & Construction Materials Testing in the amount of $530,719.12 as submitted by B2Z Engineering for the project, "Main Flood Water Channel 2015 GLO Project", through Contract No. C-HCDD1-22-046-03-07 (Audio Reference 11m:52s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.F.2.

Vote: 5 - 0 – Unanimously
 
G.
AI -89822
1.  Requesting approval of the final negotiated Professional Engineering Service Agreement for the provisions of Project Management & Construction Materials Testing with B2Z Engineering, for the project, "Main Flood Water Channel 2016 GLO Project", Contract No. C-HCDD1-22-047-03-07 and as approved for negotiations on 08/18/22 AI-87051. (Subject to final legal review) (Audio Reference 12m:12s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.G.1.

Vote: 5 - 0 – Unanimously

2. Acceptance and approval of Work Authorization No. 1 to provide Professional Engineering Services on Project Management & Construction Materials Testing in the amount of $563,440.60 as submitted by B2Z Engineering for the project, "Main Flood Water Channel 2016 GLO Project", through Contract No. C-HCDD1-22-047-03-07 (Audio Reference 12m:36s)

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.2.

Vote: 5 - 0 - Unanimously
 
H.
AI -89839
Requesting approval to accept bid and approval to issue a Purchase Order to the lowest and most responsible bidder meeting all specifications and/or requirements, CB3 Consultants, LLC for the ''Purchase of Seven (7) Vertical Axial/Mixed-Flow Pumps for Various Projects’’, for the advertised RFB No.HCDD1-23-002-02-08-ESZ (Subject to compliance with HB-1295). (Audio Reference 13m:41s)

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.H.

Vote: 5 - 0 – Unanimously
 
I.
AI -89944
1.  Presentation of scoring grid (for the purpose of ranking by HCDD1 Board of Directors) of the graded and evaluated firms submitting responses to CSP No. HCDD1-23-008-03-01-NDC “Ditch W-01-00 Gate Structure Improvements - License LSF/G-639”. 
 
FIRM NAME SCORE RANK
Mor-Wil, LLC 95.33  
RBM Contractors, LLC 75.25  
Foremost Paving, Inc. 77.09  
               
(Audio Reference 14m:35s)

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.I.1, as ranked.

Vote: 5 - 0 – Unanimously

2.  Pursuant to the Boards approval, requesting authority for Hidalgo County Drainage District No.1 to negotiate a Construction Services Agreement with the number one ranked firm of: Mor-Will LLC, for the provision construction services for: CSP No. HCDD1-23-008-03-01-NDC  "Ditch W-01-00 Gate Structure Improvements - License LSF/G-639”. (Audio Reference 15m:28s)

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.2.

Vote: 5 - 0 - Unanimously
 
J.
AI -89769
Acceptance of Correction Right of Way Deed from Rick Martin dba Villa-Rama East subdivision and authority for the Chairman of the Board to execute documents. (Audio Reference 15m:51s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 5.J.

Vote: 5 - 0 – Unanimously
Attachments:
 
K.
AI -89748
Requesting acceptance and approval of Donation Deed from 3BU as it relates to a 10.340 Acre tract of land of Farm Tracts 1072 & 1071, Block 117, The west and Adams Tracts. (Audio Reference 16m:04s)

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 5.K.

Vote: 5 - 0 -Unanimously
Attachments:
 
L.
AI -89982
1. Requesting acceptance and approval of Donation Deed from Six Primos, LLC as it relates to a 5.04 Acre tract of land out of Lot 11 Block 99, Missouri-Texas Land and Irrigation Company Subdivision.
2. Requesting acceptance and approval of Donation Deed from KNK Farms, LLC as it relates to a 19.03 Acre tract of land out of Share "E", Las Mestenas Grant Subdivision. (Audio Reference 16m:19s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda items 5.L.1 and 5.L.2.

Vote: 5 - 0 – Unanimously
 
M.
AI -89938
Requesting approval of Change Order No. 6 with Mor-Wil, LLC (C-HCDD1-21-011-07-27) to reflect an increased amount of $54,661.46 with an additional nineteen (19) days for the project of, "Cesar Chavez & Texan Rd, Canton Rd & Tower Rd and Iowa Rd Drainage Areas Improvements and as recommended by Project Engineer, Omar Anzaldua, PE, CFM, Assistant General Manager (subject to HB 1295 compliance). (Audio Reference 16m:47s)

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 5.M.

Vote: 5 - 0 -Unanimously 
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -89941
1.  Requesting approval to Accept CSP response and award a negotiated Construction Contract to the highest ranked Contractor meeting all specified requirements, H20 Construction Services, Inc. for CSP No. HCDD1-22-065-12-21-ESZ, "Mile 10 N & Baseline Road – 2018 Bond Referendum Project No. 20" in the amount of $457,160.00, as approved for negotiations by the Board of Directors - Agenda Item No. 89288 on 02/02/23. (Subject to Legal review and Compliance with HB1295). (Audio Reference 17m:12s)

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.A.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 17m:44s)

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 6.A.2.
            
Vote: 5 - 0 – Unanimously
 
B.
AI -89897
Requesting approval of closing documents for Parcel 34-7 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, pending final legal review. (Audio Reference 18m:07s)

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 6.B.
            
Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI -89973
Anaquitas - Budget 508
1. Approval and acceptance of Certificate of Construction Completion from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-040-10-05 Anaquitas Drain Structure.
2. Approval of Application for Payment No. 6 Retainage plus intrest in the amount of $160,440.36 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-040-10-05 Anaquitas. Project Engineer: B2Z Engineering PO#643055
Faysville Drain - Budget 511
3. Approval of Application for Payment No. 3 in the amount of $196,646.36 fom RDH Site and Concrete pertaining to Construction Contract C-HCDD1-21-048-11-30 Faysville. Project Engineer: Tedsi Infrastructure PO#645348
Mile 9 N & FM 1015 - Budget 524
4. Approval of Application for Payment No. 10 in the amount of $348,903.39 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-065-11-18 M9N & FM 105 Package 2. Project Engineer: Halff Associates PO#641649 (Audio Reference 18m:22s)

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 items 6.C.1 through 6.C.4.
            
Vote: 5 - 0 – Unanimously
 
7.
 
General Fund:
 
A.
AI -89964
Requesting approval of Memorandum of Agreement (MOA) between the Department of the Army and Hidalgo County Drainage District No.1 as it relates to Federal Activities for the Raymondville Drain Project and approval for Drainage District General Manager to execute MOA and all subsequent forms related to this project. (Subject to final legal review) (Audio Reference 19m:45s)

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: 5 - 0 – Unanimously
Attachments:
 
B.
AI -89975
Raymondville Drain - Budget 010
1. Payment approval of Invoice No. 19 2022 RD in the amount of $26,831.01 from Hidalgo County Precinct 4 for Pay Period 19, 2022 for equipment and labor reimbursement performed at Raymondville Drain.
2. Payment approval of Invoice No. 21-22 2022 RD in the amount of $94,963.57 from Hidalgo County Precinct 4 for Pay Period 21 and 22, 2022 for equipment and labor reimbursement performed at Raymodville Drain. (Audio Reference 20m:02s)

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.B.1 and 7.B.2.

Vote: 5 - 0 – Unanimously
Attachments:
 
8.
 
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 20m:34s)

The Board proceeded into closed session with a vote of approval at 9:51 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: 5 - 0 - Unanimously
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference agenda item 9.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference agenda item 9.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 8.C, as it was a closed session item.
 
9.
 
Open Session: (Audio Reference 21m:24s)

The Board returned from closed session at 10:00 A.M., and proceeded to agenda item 9.A.

Commissioner Cantu did not return from closed session, and Commissioner Torres rejoined during adjournment.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 21m:29s)

Legal Counsel, Ivan Perez, requested a motion to authorize the administration to proceed as discussed in closed session.

The Board proceeded with a vote of approval as requested.

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 9.A, as requested above.

Vote: 3 - 0 - Unanimously
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on agenda item 9.B.
 
10.
 
Adjourn (Audio Reference 21m:41s)

Commissioner Torres rejoined the meeting.

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. 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 7th day of March 2023

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 7, 2023.

Signed this 7th day of March 2023




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy