REGULAR MEETING - August 10, 2021
BE IT REMEMBERED, that on this 10th day of August A.D., 2021, there was begun and held a REGULAR 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 10, 2021 9:30 A.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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 418.016 of the Texas Government Code, Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location. As a result, all or some government officials may participate via video conference. Additionally, members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive
To participate in public comment, please call: (956) 292-7630 and you will be given further instruction and be provided with a toll free number at that time.
1.
Roll Call (Audio Reference :39s)
Judge Cortez called the meeting to order at 9:31 A.M.
All members of the Board were present during the roll call, with the exception of Commissioner Torres and Commissioner Cantu, who joined the meeting at a later time.
Judge Cortez called the meeting to order at 9:31 A.M.
All members of the Board were present during the roll call, with the exception of Commissioner Torres and Commissioner Cantu, who joined the meeting at a later time.
2.
Prayer (Audio Reference :52s)
General Manager of the Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
General Manager of the Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
3.
Open Forum (Audio Reference 02m:43s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 02m:57s)
The Board proceeded with the approval of the Consent Agenda.
The Board proceeded with the approval of the Consent Agenda.
5.
General Operations:
A.
AI -81993
1. Approval to enter into Contribution-In-Aid-of-Construction Agreement For Electric Distribution Service with AEP Texas and authorize General Manager to execute agreement and any subsequent forms subject to legal review. (Audio Reference 03m:08s)
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.A.1.
Vote: 3 - 0 - Unanimously
2. Approval to issue payment upon receipt of invoice from AEP Texas. (Audio Reference 03m:36s)
Raul Sesin stated the total amount due to be $20,971.95.
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.A.2.
Vote: 3 - 0 - Unanimously
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.A.1.
Vote: 3 - 0 - Unanimously
2. Approval to issue payment upon receipt of invoice from AEP Texas. (Audio Reference 03m:36s)
Raul Sesin stated the total amount due to be $20,971.95.
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.A.2.
Vote: 3 - 0 - Unanimously
B.
AI -81729
Requesting approval to purchase two (2) John Deere 6145M, 4WD Tractors with attached boom mowers from Tiger Corporation, through the Hidalgo County Drainage District No. 1 membership/participation with BuyBoard awarded Contract No. 611-20 in the total amount of $399,730.00. (Subject to compliance with HB-1295). (Audio Reference 03m:51s)
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: 3 - 0 - Unanimously
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: 3 - 0 - Unanimously
Attachments:
C.
AI -81916
Requesting approval to purchase the following vehicles from Silsbee Ford Inc. through the District's membership participation through GoodBuy Purchasing Cooperative Contract (No. 21-8F000). in the total amount of $246,815.00 including freight:
(Subject to compliance with HB-1295)
(Audio Reference 04m:17s)
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.C.
Vote: 3 - 0 - Unanimously
(Subject to compliance with HB-1295)
| 1. (1) ea 2022 Ford F-350-Chassis Only, Regular Cab, 4WD |
$51,217.00 |
| 2. (2) ea 2022 Ford F-250-Regular Cab, 4WD, SRW | $54,586.00 |
| 3. (5) ea 2022 Ford F-250-Regular Cab, 4WD, SRW | $141,012.50 |
(Audio Reference 04m:17s)
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.C.
Vote: 3 - 0 - Unanimously
Attachments:
D.
AI -81902
Presentation of bids received for the purpose of award to the responsible multiple vendors meeting specifications and or/requirements with approval to execute Contract for RFB No.HCDD1-21-012-08-04-ESZ "Storm Drain Pipes and Related Items", subject to legal review and compliance to HB1295 as follows:
A. Core and Main, LP
B. Rio Valley Pipe, LLC dba CAPA
C. ACT Pipe & Supply
D. Aguaworks Pipe & Supply
(Audio Reference 05m:00s)
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.D.
Vote: 3 - 0 – Unanimously
A. Core and Main, LP
B. Rio Valley Pipe, LLC dba CAPA
C. ACT Pipe & Supply
D. Aguaworks Pipe & Supply
(Audio Reference 05m:00s)
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.D.
Vote: 3 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -81961
Raymondville Drain - Budget 010
1. Approval to reimburse Hidalgo County Precinct No. 4 $85,443.70 for work completed at the South Main Drain for pay periods 9 through 12 as approved by the Hidalgo County Auditor's Office.
Mission Lateral - Budget 526
2. Approval of Application for Payment No. 7 in the amount of $417,027.60 from Saenz Brothers Construction pertaining to Construction Contract No. HCDD1-19-074-11-26. Project Engineer L&G Engineering PO# 639234.
South Lateral Drain - Budget 534
3. Approval of Application for Payment No. 5 in the amount of $42,663.44 from Castle Enterprises pertaining to Construction Contract No. HCDD1-20-009-07-07. Project Engineer L&G Engineering PO# 640528. (Audio Reference 05m:33s)
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.1 through 3.
Vote: 3 - 0 – Unanimously
1. Approval to reimburse Hidalgo County Precinct No. 4 $85,443.70 for work completed at the South Main Drain for pay periods 9 through 12 as approved by the Hidalgo County Auditor's Office.
Mission Lateral - Budget 526
2. Approval of Application for Payment No. 7 in the amount of $417,027.60 from Saenz Brothers Construction pertaining to Construction Contract No. HCDD1-19-074-11-26. Project Engineer L&G Engineering PO# 639234.
South Lateral Drain - Budget 534
3. Approval of Application for Payment No. 5 in the amount of $42,663.44 from Castle Enterprises pertaining to Construction Contract No. HCDD1-20-009-07-07. Project Engineer L&G Engineering PO# 640528. (Audio Reference 05m:33s)
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.1 through 3.
Vote: 3 - 0 – Unanimously
Attachments:
B.
AI -81930
Requesting approval of closing documents for Parcel 24-E15 as it relates to Project 24 of the 2018 Drainage Bond Program - Mile 9 N & FM 1015 project and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 06m:22s)
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: 3 - 0 - Unanimously
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: 3 - 0 - Unanimously
Attachments:
C.
AI -81973
Requesting approval of closing documents for Parcel 26-5 as it relates to Project 26 of the 2018 Drainage Bond Program - Mission Lateral Drain Project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 06m:43s)
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.C.
Vote: 3 - 0 – Unanimously
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.C.
Vote: 3 - 0 – Unanimously
Attachments:
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 07m:00s)
The Board motioned for approval to proceed into Closed Session at 9:37 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval to proceed into Closed Session.
Vote: 3 - 0 - Unanimously
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 07m:00s)
The Board motioned for approval to proceed into Closed Session at 9:37 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, 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 8.A.
Reference agenda item 8.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference agenda item 8.B.
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) 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.
1.
AI -81990
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 275 District Court of Hidalgo County, Texas
No action was taken on agenda item 7.C.1.
No action was taken on agenda item 7.C.1.
8.
Open Session: (Audio Reference 07m:35s)
The Board returned from Closed Session at 10:06 A.M, and proceeded to adjounment.
Commission Cantu and Commissioner Torres joined the meeting.
The Board returned from Closed Session at 10:06 A.M, and proceeded to adjounment.
Commission Cantu and Commissioner Torres joined the meeting.
A.
Possible Action of Real Estate Acquisition
No action was taken on agenda item 8.A.
No action was taken on agenda item 8.A.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 8.B.
No action was taken on agenda item 8.B.
9.
Adjourn (Audio Reference 07m:51s)
The Board motioned for approval to adjourn the meeting at 10:06 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 – Unanimously
The Board motioned for approval to adjourn the meeting at 10:06 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, 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 10th day of August, 2021
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 10, 2021.
Signed this 10th day of August 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy
Court, the meetings of the Commissioners Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 10th day of August, 2021
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 10, 2021.
Signed this 10th day of August 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy