SPECIAL MEETING - APRIL 5, 2022
BE IT REMEMBERED, that on this 5th day of April 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 APRIL 5, 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 :13s)
Judge Cortez called the meeting to order at 9:33 A.M.
All members of the Board were present during the roll call, EXCEPT Commissioner Fuentes and Commissioner Cantu who both joined the meeting at a later time.
Judge Cortez called the meeting to order at 9:33 A.M.
All members of the Board were present during the roll call, EXCEPT Commissioner Fuentes and Commissioner Cantu who both joined the meeting at a later time.
2.
Prayer (Audio Reference :27s)
General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
Commissioner Fuentes joined the meeting.
General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
Commissioner Fuentes joined the meeting.
3.
Open Forum (Audio Reference 02m:40s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 02m:46s)
The Board proceeded with the approval of the Consent Agenda.
See the Drainage District - Consent Agenda for the action taken.
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 -85316
Requesting approval of Detention Basin Maintenance Plan as it relates to the Aqualina Ponds located at the Tres Lagos Development and approval for Drainage District General Manager to execute. (Audio Reference 03m:06s)
After Closed Session, the Board revisited agenda item 5.A. to take action. (Audio Reference 11m:18s)
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.A.
Vote: 4 - 0 – Unanimously
After Closed Session, the Board revisited agenda item 5.A. to take action. (Audio Reference 11m:18s)
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.A.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -85332
1. Requesting approval of Supplemental Agreement No. 1 to the Professional Engineering Services Contract (C-HCDD1-21-009-02-16), with L & G Consulting Engineers, Inc. dba L&G Engineering, for the project: "365 Roadway System Off-Site Drainage Improvements", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of December 31, 2022. (subject to legal review and compliance with HB 1295) (Audio Reference 03m:56s)
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.1.
Vote: 4 - 0 – Unanimously
2. Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-21-009-02-16), with L & G Consulting Engineers, Inc. dba L&G Engineering, for the project: " 365 Roadway System Off-Site Drainage Improvements", to reflect a revised period of service to end on December 31, 2022. (subject legal review and compliance with HB1295) (Audio Reference 04m:24s)
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.2.
Vote: 4 - 0 - Unanimously
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.1.
Vote: 4 - 0 – Unanimously
2. Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-21-009-02-16), with L & G Consulting Engineers, Inc. dba L&G Engineering, for the project: " 365 Roadway System Off-Site Drainage Improvements", to reflect a revised period of service to end on December 31, 2022. (subject legal review and compliance with HB1295) (Audio Reference 04m:24s)
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.2.
Vote: 4 - 0 - Unanimously
C.
AI -85317
Recommending award of a RFQ (Quote) and approval of service contract to the responsible firm submitting the sole proposal, and meeting all requirements/specifications for, "Archeological Surveying Services-Joint Flood control Project with WCDD1."-RF-QUOTE NO.-HCDD1-22-012-02-03-MSS, subject to legal review and compliance to HB 1295. (Audio Reference 04m:50s)
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.C.
Vote: 4 - 0 - Unanimously
The Court proceeded to agenda item 6.A.1. (Audio Reference 05m:20s)
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.C.
Vote: 4 - 0 - Unanimously
The Court proceeded to agenda item 6.A.1. (Audio Reference 05m:20s)
Attachments:
D.
AI -85321
Acceptance and approval of Work Authorization No. 3 in the amount of $26,006.75.00 as submitted by Raba Kistner, Inc., through Contract No. C-HCDD1-21-020-05-25 to provide Geo Technical and Construction Material Testing Services, "Alamo Expressway Drain Extenion Improvements." (Subject to Legal Review) (Audio Reference 05m:48s)
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: 5 - 0 - Unanimously
The Board proceeded to agenda item 6.B. (Audio Reference 06m:23s)
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: 5 - 0 - Unanimously
The Board proceeded to agenda item 6.B. (Audio Reference 06m:23s)
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -85296
1. Requesting approval of closing documents for Parcel 13-6 as it relates to Project 13 of the 2018 Drainage Bond Program - Hidalgo Drain and authority for the Chairman of the Board to execute documents, subject to final legal review.
2. Requesting approval of closing documents for Parcel 13-7 as it relates to Project 13 of the 2018 Drainage Bond Program - Hidalgo Drain and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 05m:20s)
Commissioner Cantu joined the meeting.
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.1 and 6.A.2.
Vote: 5 - 0 – Unanimously
The Board proceeded back to agenda item 5.D. (Audio Reference 05m:48s)
2. Requesting approval of closing documents for Parcel 13-7 as it relates to Project 13 of the 2018 Drainage Bond Program - Hidalgo Drain and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 05m:20s)
Commissioner Cantu joined the meeting.
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.1 and 6.A.2.
Vote: 5 - 0 – Unanimously
The Board proceeded back to agenda item 5.D. (Audio Reference 05m:48s)
Attachments:
B.
AI -85322
1. Requesting approval of Supplemental Agreement No. 3 to the Professional Engineering Services Contract (C-HCDD1-19-015-04-23), with L & G Consulting Engineers, Inc. dba L&G Engineering, for the project: "Peñitas Drain -2018 Bond Referendum Project #30", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of April 30, 2024. (subject to legal review and compliance with HB 1295) (Audio Reference 06m:23s)
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.B.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-HCDD1-19-015-04-23), with L & G Consulting Engineers, Inc. dba L&G Engineering, for the project: " Peñitas Drain -2018 Bond Referendum Project #30", to reflect a revised period of service to end on April 30, 2024. (subject legal review and compliance with HB1295) (Audio Reference 06m:53s)
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.2.
Vote: 5 - 0 - Unanimously
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.B.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-HCDD1-19-015-04-23), with L & G Consulting Engineers, Inc. dba L&G Engineering, for the project: " Peñitas Drain -2018 Bond Referendum Project #30", to reflect a revised period of service to end on April 30, 2024. (subject legal review and compliance with HB1295) (Audio Reference 06m:53s)
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.2.
Vote: 5 - 0 - Unanimously
Attachments:
C.
AI -85327
Mission Lateral - Budget 526
Requesting acceptance and approval of Certificate of Substantial Completion and Certificate of Construction Completion from H&R Lease Service, LLC pertaining to Mission Lateral Section II Construction Contract C-HCDD1-20-042-09-08. Project Engineer: L&G Consulting Engineers, Inc. PO#640759 (Audio Reference 07m:15s)
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 Mission Lateral - Budget 526
Vote: 5 - 0 - Unanimously
South Lateral Drain - Budget 534
Requesting approval of Application for Payment No. 12 in the amount of $37,519.42 pertaining to Construction Contract No. C-HCDD1-20-009-07-07 South Lateral Drain. Project Engineer: L&G Consulting Engineers, Inc. PO#640528 (Audio Reference 07m:38s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 6.C South Lateral Drain - Budget 534
Vote: 5 - 0 - Unanimously
Requesting acceptance and approval of Certificate of Substantial Completion and Certificate of Construction Completion from H&R Lease Service, LLC pertaining to Mission Lateral Section II Construction Contract C-HCDD1-20-042-09-08. Project Engineer: L&G Consulting Engineers, Inc. PO#640759 (Audio Reference 07m:15s)
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 Mission Lateral - Budget 526
Vote: 5 - 0 - Unanimously
South Lateral Drain - Budget 534
Requesting approval of Application for Payment No. 12 in the amount of $37,519.42 pertaining to Construction Contract No. C-HCDD1-20-009-07-07 South Lateral Drain. Project Engineer: L&G Consulting Engineers, Inc. PO#640528 (Audio Reference 07m:38s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 6.C South Lateral Drain - Budget 534
Vote: 5 - 0 - Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -85325
Mission Inlet - Budget 020
Requesting approval of Application for Payment #9 in the amount of $50,392.44 from Castle Enterprises, LLC pertaining to Construction Contract No. C-HCDD1-20-002-02-11 Mission Inlet. Project Engineer: L&G Consulting Engineers, Inc. PO#639479 (Audio Reference 07m:56s)
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: 5 - 0 - Unanimously
Requesting approval of Application for Payment #9 in the amount of $50,392.44 from Castle Enterprises, LLC pertaining to Construction Contract No. C-HCDD1-20-002-02-11 Mission Inlet. Project Engineer: L&G Consulting Engineers, Inc. PO#639479 (Audio Reference 07m:56s)
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: 5 - 0 - Unanimously
Attachments:
8.
Right of Way Acquisitions:
A.
AI -85211
Requesting approval of closing documents for Parcel Y-E6 as it relates to the Y-Drain Project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 08m:17s)
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 8.A.
Vote: 5 - 0 – Unanimously
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 8.A.
Vote: 5 - 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 08m:40s)
The Board proceeded into closed session with a vote of approval at 9:42 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
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 08m:40s)
The Board proceeded into closed session with a vote of approval at 9:42 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 10.A.
Reference agenda item 10.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference agenda item 10.B.
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.
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.
10.
Open Session: (Audio Reference 11m:18s)
The Board returned from closed session at 9:59 A.M., and proceeded back to agenda item 5.A.
Commissioner Ellie Torres did not return from closed session.
After the clarification on agenda item 5.A was stated, the Board proceeded to agenda item 10.A. (Audio Reference 11m:39s)
The Board returned from closed session at 9:59 A.M., and proceeded back to agenda item 5.A.
Commissioner Ellie Torres did not return from closed session.
After the clarification on agenda item 5.A was stated, the Board proceeded to agenda item 10.A. (Audio Reference 11m:39s)
A.
Possible Action of Real Estate Acquisition (Audio Reference 11m:39s)
Legal Counselor, Ivan Perez, recommended a motion to authorize Raul Sesin to proceed as discussed in closed session.
The Board proceeded with a vote of approval as recommended.
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 10.A, as recommended.
Vote: 4 - 0 – Unanimously
Legal Counselor, Ivan Perez, recommended a motion to authorize Raul Sesin to proceed as discussed in closed session.
The Board proceeded with a vote of approval as recommended.
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 10.A, as recommended.
Vote: 4 - 0 – Unanimously
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 10.B.
No action was taken on agenda item 10.B.
11.
Adjourn (Audio Reference 11m:53s)
Judge Cortez adjourned the meeting with a vote of approval at 9:59 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
Judge Cortez adjourned the meeting with a vote of approval at 9:59 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 5th day of April 2022
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 April 5, 2022.
Signed this 6th day of April 2022
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 5th day of April 2022
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 April 5, 2022.
Signed this 6th day of April 2022
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy