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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - AUGUST 8, 2023

BE IT REMEMBERED, that on this 8th day of August 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
AUGUST 8, 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 :22s)

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 Cantu and Commissioner Torres joined the meeting during Open Forum.
 
2.
 
Prayer (Audio Reference :40s)

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

Commissioner Cantu and Commissioner Torres joined the meeting at this time.

Participant, Lupe Chavez, came before the Board to address what he believes are flooding issues throughout the county.

No action was taken on agenda item 3 - Open Forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 06m:25s)

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 -91956
1.) Discussion and update as it relates to the Texas Water Development Board 2023 Regional Flood Plan for Region 15. (Audio Reference 06m:48s)

Chief of Staff for Hidalgo County Drainage District No.1, Jaime Salazar, along with Commissioner Fuentes, presented an update regarding the Texas Water Development Board 2023 Regional Flood Plan for Region 15.

No action was taken on agenda item 5.A.1.

2.) Discussion and update as it relates to the Texas Water Development Board 2023 Texas Rain Catcher Award for the Delta Reclamation Project. (Audio Reference 11m:24s)

Raul Sesin, along with Commissioner Fuentes presented a summary regarding the Texas Water Development Board 2023 Texas Rain Catcher Award for the Delta Reclamation Project.

No action was taken on agenda item 5.A.2.
 
B.
AI -91971
Discussion and approval of proposed amendment to the Floodplain Management Regulations in accordance with Section 60.3(D) of the National Flood Insurance Program (subject to final legal review). (Audio Reference 14m: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 5.B, subject to final legal review.

Vote: 5 - 0 - Unanimously
 
C.
AI -91710
1. Requesting authority to enter into a pipeline crossing agreement with Union Pacific Railroad for the HCRMA 365 Outfalls project, subject to final legal review.
2. Approval of payment and issuance of a manual check to Union Pacific Railroad for $23,430 upon execution of the agreement. (Audio Reference 15m: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 items 5.C.1, subject to final legal review, and 5.C.2.

Vote: 5 - 0 – Unanimously
Attachments:
 
D.
AI -91647
Requesting approval of final negotiated Professional Services Agreement with L&G Consulting Engineers, Inc., dba L&G Engineering, as it relates to Professional Construction Materials Testing (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District No.1 Projects; (C-HCDD1-23-039-08-08). Approved for negotiations by the HCDD1 Board of Directors on 5/30/23, AI-91054. (subject to final Legal review). (Audio Reference 15m: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 5.D, subject to final legal review.

Vote: 5 - 0 – Unanimously
 
E.
AI -91648
Requesting approval of final negotiated Professional Services Agreement with Raba Kistner, Inc., as it relates to Professional Construction Materials Testing (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District No.1 Projects; (C-HCDD1-23-040-08-08). Approved for negotiations by the HCDD1 Board of Directors on 5/30/23, AI-91054. (subject to final Legal review). (Audio Reference 16m:09s)

Reference agenda item 5.G for the action taken for agenda item 5.E.
 
F.
AI -91652
Requesting approval of final negotiated Professional Services Agreement with Millennium Engineers Group, Inc., (C-HCDD1-23-037-08-08) as it relates to Professional Construction Materials Testing (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District No.1 Projects, approved for negotiations by the HCDD1 Board of Directors on 5/30/23, AI-91054. (subject to final legal review). (Audio Reference 15m:24s) (Audio Reference 16m:28s)

Reference agenda item 5.G for the action taken for agenda item 5.F.
 
Attachments:
 
G.
AI -91653
Requesting approval of the final negotiated Professional Services Agreement with Terracon Consultants, Inc., (C-HCDD1-23-038-08-08) as it relates to Professional Construction Material Testing (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District No. 1 projects, approved for negotiations by HCDD1 Board of Directors on 05/30/23, AI-91054. (subject to final legal review). (Audio Reference 16m:45s)

The Board proceeded with a vote of approval for agenda items 5.E, 5.F, and 5.G, subject to final legal review.

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 5.E, 5.F, 5.G, all three agenda items are subject to final legal review.

Vote: 5 - 0 – Unanimously
Attachments:
 
H.
AI -91902
1. Requesting approval to accept bids and award a Construction Contract to the lowest and most responsive bidder, McAllen Multi Service, in the amount of $364,911.00 for the  ''Rincon de Encinos Phase III Storm Water Improvements Project'', RFB No. HCDD1-23-033-08-02-ESZ as recommended by Project Engineer, Omar Anzaldua Jr., Asst. District General Manager, PE, CFM, PMP, CCM.  (subject to Legal Review and Compliance with HB1295). (Audio Reference 17m:06s)

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.1, subject to Legal Review and Compliance with HB1295.

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 17m:33s)

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.2.

Vote: 5 - 0 – Unanimously
 
I.
AI -91788
Requesting authority to advertise and approval of Request for Qualifications (RFQ) packet (i.e., legal notice, requirements, evaluation criteria, etc.) for "Independent Financial Audit Services", RFQ No. HCDD1-23-041-08-30 ESZ, including the re-advertisement of RFQ in the event SOQ's are rejected, or no responses are received and services are still required. (Audio Reference 17m:54s)

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.I.

Vote: 5 - 0 – Unanimously
 
J.
AI -91824
Requesting authority to advertise and approval of the procurement packet (requirements, specifications, plans, etc), for the project "Annual Supply of In-line Check Valves" RFB HCDD1-23-043-08-30-KMG, including the re-advertising of the project in the event no responses are received. (Audio Reference 18m:19s)

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.J.

Vote: 5 - 0 – Unanimously
 
K.
AI -91937
Approval of AT&T Claim for Damages number SWBT-08-202307-05-0166 in the amount of $1,311.17 for damages at Harvest Time Road project in Mission, Texas. (Audio Reference 18m:38s)

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.K.

Vote: 5 - 0 – Unanimously
Attachments:
 
L.
AI -91958
North Main Drain Edinburg- Budget 204
Approval of Application for Payment No. 1 in the amount of $266,988.05 from Welch Excavation and Utility Company, Inc. pertaining to Construction Contract C-HCDD1-22-066-05-02 North Main Drain Edinburg. Project Engineer: HCDD1 Omar Anzaldua, Jr. PE, CFM, PO#647845 (Audio Reference 18m:55s)

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.L.

Vote: 5 - 0 – Unanimously
Attachments:
 
M.
AI -91960
Raymondville Drain - Budget 010
1. Payment approval of Invoice No. 01-03-2023 RD in the amount of $76,620.01 from Hidalgo County Precinct 4 for Pay Periods 1-3 of 2023.
2. Payment approval of Invoice No. 05-06-2023 RD in the amount of $102,282.77 from Hidalgo County Precinct 4 for Pay Periods 5-6 of 2023. (Audio Reference 19m:16s)

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 5.M.1 and 5.M.2.

Vote: 5 - 0 – Unanimously
 
6.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -91951
Weslaco Drain - Budget 335
Approval of Application for Payment No. 1 in the amount of $75,471.48 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-21-017-R-05-02 Weslaco Drain (Additional Box). Project Engineer: HCDD1 Omar Anzaldua, Jr. PE, CFM, PO#647867 (Audio Reference 19m:41s)

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 6.A.

Vote: 5 - 0 - Unanimously 
Attachments:
 
7.
 
2018 Bond Referendum Projects:
 
A.
AI -91795
1. Requesting approval to accept bids and award a Construction Contract to the lowest and most responsive bidder, Mor-Wil, LLC, in the amount of $399,104.71 for ''Construction of Cast-in-Place Reinforced Concrete Boxes 7' x 7' for the Southwest Weslaco -2018 Bond Referendum Project 35'', RFB No. HCDD1-23-032-06-21-ESZ as recommended by Project Engineer, Omar Anzaldua Jr., Asst. District General Manager, PE, CFM, PMP, CCM. (subject to Legal Review and Compliance with HB1295). (Audio Reference 20m:01s)

Commissioner Fuentes abstained from any discussion and/or action regarding agenda item 7.A.1.

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.1, subject to Legal Review and Compliance with HB1295.

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 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 20m:34s)

Commissioner Fuentes abstained from any discussion and/or action regarding agenda item 7.A.2.

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.2.

Vote: 4 - 0 – Unanimously
 
B.
AI -91938
1. Requesting approval of closing documents for Parcel 10A-E16 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for the Chairman of the Board to execute documents.
2. Requesting approval of closing documents for Parcel 10A-E1 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for the Chairman of the Board to execute documents. (Audio Reference 21m:22s)

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:
 
C.
AI -91954
Faysville Drain - Budget 511
1. Approval of Application for Payment No. 6 in the amount of $112,375.80 from RDH Site and Concrete, LLC pertaining to Construction Contract No. C-HCDD1-21-048-11-30 Faysville Drain. Project Engineer: Tedsi Infrastructure, PO#645348
FM 493 & Country Rd - Budget 512
2. Approval of Application for Payment No. 4 in the amount of $478,303.20 from Saenz Brothers Construction pertaining to Construction Contract No. C-HCDD1-22-001-03-08 FM 493 & Country Road. Project Engineer: SAMES Engineering, PO#646786
J-08 Drain - Budget 515
3. Approval and acceptance of Certificate of Substantial Completion and Certifcate of Construction Completion from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-024-07-26 J-08 Drain
4. Approval of Application for Payment No. 8 Retainage in the amount of $179,735.49 and interest in the amount of $1,057.25 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-024-07-26 J-08 Drain. Project Engineer: Quintanilla Headley, PO#646299
Mission-McAllen Rado - Budget 525 
5. Approval of Application for Payment No. 12 in the amount of $106,738.20 from Gonzalez Engineering pertaining to Construction Contract No. C-HCDD1-21-023-07-27 Mission-McAllen Rado. Project Engineer: B2Z Engineering, PO#642887
South Lateral Drain Structure - Budget 534
6. Approval of Application for Payment No. 1 in the amount of $225,011.70 from Saenz Brothers Construction pertaining to Construction Contract No. C-HCDD1-20-009-R-04-04 South Lateral Drain Structure. Project Engineer: HCDD1 Omar Anzaldua, Jr. PE, CFM PO#647846 (Audio Reference 21m: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 items 7.C.1 through 7.C.6.

Vote: 5 - 0 – Unanimously
 
8.
 
Human Resources:
 
A.
AI -91955
Approval of the following personnel action, effective August 8, 2023:
Action Dept.# Slot# Current Position Title Current Grade Requested Position Title Requested Grade
Reclassification 000 28 Accounts Payable Supervisor III 12 Accounts Payable Specialist III 10

(Audio Reference 23m:09s)

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 8.A.

Vote: 5 - 0 – Unanimously
 
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 23m:31s)

The Board proceeded into closed session with a vote of approval at 9:53 A.M.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court 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 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.a), as it was a closed session item.
 
1.
 
Consultation with legal counsel regarding legal issues pertaining to contract.

No action was taken on agenda item 9.C.1, as it was a closed session item.
 
10.
 
Open Session: (Audio Reference 24m:04s)

The Board returned from closed session at approximately 10:14 A.M, and proceeded to agenda item 10.A.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 24m:10s)

Legal Counsel, Ivan Perez, recommended a motion to authorize the Mr. Sesin to proceed as directed in closed session.

The Board proceeded with a vote of approval as recommended.

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 10.A.

Vote: 5 - 0 - Unanimously

The Board proceeded to agenda item 11 - Adjournment. (Audio Reference 24m:28s)
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on agenda item 10.B.
 
11.
 
Adjourn (Audio Reference 24m:35s)

Judge Cortez adjourned the meeting with a vote of approval at 10:14 A.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: 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 8th day of August 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 August 8, 2023.

Signed this 8th day of August 2023




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy