SPECIAL MEETING - APRIL 19, 2022
BE IT REMEMBERED, that on this 19th 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 |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 COMMISSIONER, PRECINCT NO. 3 |
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 19, 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 :01s)
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 Cantu and Commissioner Torres.
Commissioner Cantu 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, EXCEPT Commissioner Cantu and Commissioner Torres.
Commissioner Cantu joined the meeting at a later time.
2.
Prayer (Audio Reference :15s)
General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
3.
Open Forum (Audio Reference 02m:25s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 02m:34s)
Commissioner Cantu joined the meeting.
The Board proceeded with the approval of the Drainage District - Consent Agenda.
See the Drainage District - Consent Agenda for the action taken.
Commissioner Cantu joined the meeting.
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 -85501
1. Requesting approval to rescind action of agenda item 5.I, (AI-84948) approved on March 8, 2022. (Audio Reference 02m:49s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.A.1.
Vote: 4 - 0 -Unanimously
2. 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:
a. Engineering Services HCDD1-22-005-02-02);
b. Surveying Services (HCDD1-22-006-02-02);
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, 2022. (Audio Reference 03m:21s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.A.2.
Vote: 4 - 0 -Unanimously
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.A.1.
Vote: 4 - 0 -Unanimously
2. 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:
a. Engineering Services HCDD1-22-005-02-02);
b. Surveying Services (HCDD1-22-006-02-02);
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, 2022. (Audio Reference 03m:21s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.A.2.
Vote: 4 - 0 -Unanimously
B.
AI -85517
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 HCDD1-22-017-03-16 for: Professional Real Estate Appraisal Services Pool" 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 April 19, 2022. (Audio Reference 04m:32s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO "EVER" VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.B.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO "EVER" VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.B.
Vote: 4 - 0 – Unanimously
C.
AI -85512
Requesting approval of right of entry request from Total Commitment Construction and authorization for Drainage District General Manager to execute as it relates to access through our Mission Inlet system to the construction staging area for the McAllen Airport, subject to final legal review. (Audio Reference 05m:04s)
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.C.
Vote: 4 - 0 – Unanimously
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.C.
Vote: 4 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -85520
Recommending bid award and approval to issue a Purchase Order to the lowest and most responsible bidder meeting all requirements/specifications, Aguaworks Pipe & Supply, LLC, for the advertised RFB No. HCDD1-22-021-04-13-ESZ, “Purchase of Two (2) Vertical Axial/Mixed-Flow Pump for Mile 9 & FM 1015 -2018 Bond Referendum Project No. 24 & for Mid-Valley Airport -IBWC Ditch -18B Drainage Improvement'' in the amount of $688,630.00 (Audio Reference 05m: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 item 6.A.
Vote: 4 - 0 – Unanimously
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.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -85493
Requesting approval to declare surplus for approximately 23,656 Cubic Yards of Fill Dirt located at J-08 Drain-Excavation of Parcel 15A-8-2018 Bond Referendum Project 15A in as much as an attempt was made for the sale and removal through, RFB 22-022-04-13-RFV, as advertised for (2) two consecutive weeks, and No Bids were received. (Audio Reference 05m:54s)
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: 4 - 0 – Unanimously
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: 4 - 0 – Unanimously
C.
AI -85455
South Lateral Drain - Budget 534
1. Approval of Application for Payment No. 13 in the amount of $33,274.80 from Castle Enterprises pertaining to Construction Contract C-HCDD1-20-009-07-07 South Lateral Drain. Project Engineer L&G Consulting Engineers PO#640528.
K-07-02 Drain - Budget 542
2. Approval of Application for Payment No. 1 in the amount of $98,010.00 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-049-10-19. Project Engineer: B2Z Engineering PO#643151 (Audio Reference 05m:54s) (Audio Reference 06m:18s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.C.1 and 6.C.2.
Vote: 4 - 0 -Unanimously
1. Approval of Application for Payment No. 13 in the amount of $33,274.80 from Castle Enterprises pertaining to Construction Contract C-HCDD1-20-009-07-07 South Lateral Drain. Project Engineer L&G Consulting Engineers PO#640528.
K-07-02 Drain - Budget 542
2. Approval of Application for Payment No. 1 in the amount of $98,010.00 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-049-10-19. Project Engineer: B2Z Engineering PO#643151 (Audio Reference 05m:54s) (Audio Reference 06m:18s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.C.1 and 6.C.2.
Vote: 4 - 0 -Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -85454
PSJA Lateral - Budget 305
1. Approval of Application for Payment No. 1 in the amount of $258,363.00 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-20-063-11-12 PSJA Lateral. Project Engineer:Javier Hinojosa Engineering PO#641494 (Audio Reference 09m:45s)
After returning from closed session, Raul Sesin stated a correction to the caption, in which it should have stated Approval of Application for Payment No. 5, and not Payment No.1. The Board proceeded with a vote of approval for agenda item 7.A.1 with stated correction.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 7.A.1 with stated correction.
Vote: 4 - 0 -Unanimously
The Court proceeded to agenda item 10.A. (Audio Reference 10m:13s)
Weslaco Drain - Budget 335
2. Approval of Application for Payment No. 5 in the amount of $47,179.35 from Castle Enterprises pertaining to Construction Contract C-HCDD1-21-017-06-1 Weslaco Drain. Project Engineer: Omar Anzaldua, Jr., PE PO#642481
Mission Inlet - Budget 020
3. Approval of Application for Payment No. 10 in the amount of $50,804.87 from Castle Enterprises pertaining to Construction Contract C-HCDD1-20-002-02-11 Mission Inlet. Project Engineer: L&G Consulting Engineers PO#639479 (Audio Reference 06m:48s)
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 7.A.1 through 3.
Vote: 4 - 0 - Unanimously
1. Approval of Application for Payment No. 1 in the amount of $258,363.00 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-20-063-11-12 PSJA Lateral. Project Engineer:Javier Hinojosa Engineering PO#641494 (Audio Reference 09m:45s)
After returning from closed session, Raul Sesin stated a correction to the caption, in which it should have stated Approval of Application for Payment No. 5, and not Payment No.1. The Board proceeded with a vote of approval for agenda item 7.A.1 with stated correction.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 7.A.1 with stated correction.
Vote: 4 - 0 -Unanimously
The Court proceeded to agenda item 10.A. (Audio Reference 10m:13s)
Weslaco Drain - Budget 335
2. Approval of Application for Payment No. 5 in the amount of $47,179.35 from Castle Enterprises pertaining to Construction Contract C-HCDD1-21-017-06-1 Weslaco Drain. Project Engineer: Omar Anzaldua, Jr., PE PO#642481
Mission Inlet - Budget 020
3. Approval of Application for Payment No. 10 in the amount of $50,804.87 from Castle Enterprises pertaining to Construction Contract C-HCDD1-20-002-02-11 Mission Inlet. Project Engineer: L&G Consulting Engineers PO#639479 (Audio Reference 06m:48s)
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 7.A.1 through 3.
Vote: 4 - 0 - Unanimously
Attachments:
8.
Human Resources:
A.
AI -85521
1. Requesting approval of three (3) temporary student engineering assistant positions for the District's Engineering Department. Requirements for these slots are that they be University Civil Engineering students and will work for a period of three (3) months - May 23 through August 26, 2022, not to exceed 40 hours per week at the rate of $15.00 per hour. (Audio Reference 07m:31s)
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.1
Vote: 4 - 0 – Unanimously
2. Request approval to exempt these temporary positions and allow the General Manager and HCDD1 Engineering Team to select the candidates. (Audio Reference 07m:58s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 8.A.2.
Vote: 4 - 0 -Unanimously
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.1
Vote: 4 - 0 – Unanimously
2. Request approval to exempt these temporary positions and allow the General Manager and HCDD1 Engineering Team to select the candidates. (Audio Reference 07m:58s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 8.A.2.
Vote: 4 - 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 08m:12s)
The Board proceeded into closed session with a vote of approval at 9:40 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 proceed into closed session.
Vote: 4 - 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:12s)
The Board proceeded into closed session with a vote of approval at 9:40 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 proceed into closed session.
Vote: 4 - 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, 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, as it was a closed session item.
1.
AI -85502
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 275th District Court of Hidalgo County, Texas.
No action was taken on agenda item 9.C.1, as it was a closed session item.
No action was taken on agenda item 9.C.1, as it was a closed session item.
10.
Open Session: (Audio Reference 09m:45s)
The Board returned from closed session at 10:09 A.M., and proceeded to agenda item 7.A.1 to state a correction.
The Board returned from closed session at 10:09 A.M., and proceeded to agenda item 7.A.1 to state a correction.
A.
Possible Action of Real Estate Acquisition (Audio Reference 10m:13s)
Legal Counselor, Ivan Perez, recommended a motion to authorize Raul Sesin to proceed as discussed in closed session with regard to Real Estate Acquisition. The Board proceeded with a vote of approval as recommended.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval as recommended for agenda item 10.A.
Vote: 4 - 0 -Unanimously
The Board proceeded to agenda item 11 - Adjournment.
Legal Counselor, Ivan Perez, recommended a motion to authorize Raul Sesin to proceed as discussed in closed session with regard to Real Estate Acquisition. The Board proceeded with a vote of approval as recommended.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval as recommended for agenda item 10.A.
Vote: 4 - 0 -Unanimously
The Board proceeded to agenda item 11 - Adjournment.
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 10m:30s)
Judge Cortez adjourned the meeting with a vote of approval at 10:09 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 adjourn the meeting.
Vote: 4 - 0 -Unanimously
Judge Cortez adjourned the meeting with a vote of approval at 10:09 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 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 19th 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 19, 2022.
Signed this 20th 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 19th 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 19, 2022.
Signed this 20th 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