SPECIAL MEETING - NOVEMBER 1, 2022
BE IT REMEMBERED, that on this 1st day of November 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 NOVEMBER 1, 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 01m: 01s)
All members of the Board were present during the roll call, except for Commissioner Cantu and Commissioner Torres.
Commissioner Cantu and Commissioner Torres joined the meeting at a later time.
All members of the Board were present during the roll call, except for Commissioner Cantu and Commissioner Torres.
Commissioner Cantu and Commissioner Torres joined the meeting at a later time.
2.
Prayer (Audio Reference 01m: 17s)
Commissioner Torres joined the meeting
General Manager of Hidalgo County Drainage District No. 1, Raul Sesin offered the prayer.
Commissioner Torres joined the meeting
General Manager of Hidalgo County Drainage District No. 1, Raul Sesin offered the prayer.
3.
Open Forum (Audio Reference 03m: 06s)
There were no participants for Open Forum.
There were no participants for Open Forum.
4.
Approval of Consent Agenda (Audio Reference 03m: 15s)
The Board Proceeded with the approval of the Drainage District - Consent Agenda
See the Drainage District - Consent Agenda for the action taken.
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 -88217
Requesting approval of Resolution as it relates to HCDD1 Personnel Safety Training Session / luncheon. (Audio Reference 03m: 33s)
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. A.
Vote: 4 - 0 – Unanimously
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. A.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -88116
Requesting approval to purchase new JD 470P Short Boom Excavator through the District's membership with Sourcewell Cooperative awarded Contract No. 032-119 from Doggett Heavy Machinery Services, LTD in the total amount of $472,914.06, includes an extended warranty of 60 mo./5000hrs. powertrain & hydraulic. Subject to compliance with HB-1295. (Audio Reference 04m: 04s)
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.
Vote: 4 - 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 5. B.
Vote: 4 - 0 - Unanimously
Attachments:
C.
AI -88171
Requesting approval for an Interlocal Agreement with the Hidalgo County Regional Mobility Authority (HCRMA) as it relates to the SH365 project, subject to legal review. (Audio Reference 04m: 33s)
Commissioner Cantu joined the meeting.
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. C.
Vote: 5 - 0 – Unanimously
Commissioner Cantu joined the meeting.
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. C.
Vote: 5 - 0 – Unanimously
Attachments:
D.
AI -88187
Requesting approval of Interlocal Cooperation Agreement between Hidalgo County Drainage District No. 1 and Hidalgo County Irrigation District No. 2 as it relates to the proposed Wisconsin Drain. (Audio Reference 04m: 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. D.
Vote: 5 - 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. D.
Vote: 5 - 0 – Unanimously
Attachments:
E.
AI -88216
Requesting approval of the Right of Entry Request from Texas Department of Transportation and authorization for Drainage District General Manager to execute as it relates to the SH 68 Project. (Audio Reference 05m: 05s)
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. E.
Vote: 5 - 0 – Unanimously
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. E.
Vote: 5 - 0 – Unanimously
Attachments:
F.
AI -88223
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for On-Call Professional Engineering Services. (Audio Reference 05m: 16s)
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. F. 1.
Vote: 5 - 0 - Unanimously
2. Requesting authority for Hidalgo County Drainage District No. 1 to negotiate an On-Call Professional Engineering Service Agreement with S2 Engineering, PLLC, for the provisions of Professional Engineering Services on an On-Call basis from the District's pre-approved "Pool" of pre-qualified Professional Engineers as approved by the Board of Directors on April 19, 2022; AI-85501. (Audio Reference 05m: 32s)
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. F. 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 5. F. 1.
Vote: 5 - 0 - Unanimously
2. Requesting authority for Hidalgo County Drainage District No. 1 to negotiate an On-Call Professional Engineering Service Agreement with S2 Engineering, PLLC, for the provisions of Professional Engineering Services on an On-Call basis from the District's pre-approved "Pool" of pre-qualified Professional Engineers as approved by the Board of Directors on April 19, 2022; AI-85501. (Audio Reference 05m: 32s)
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. F. 2.
Vote: 5 - 0 - Unanimously
G.
AI -88088
Requesting approval to accept bids and approval to execute Requirements Agreements with multiple vendors submitting the lowest and best bid meeting all specified requirements for
RFB No.HCDD1-22-055-10-12-AJL "Storm Drain Pipes and Related Items", subject to legal review and compliance to HB1295 (Audio Reference 05m: 53s)
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. G.
Vote: 5 - 0 – Unanimously
RFB No.HCDD1-22-055-10-12-AJL "Storm Drain Pipes and Related Items", subject to legal review and compliance to HB1295 (Audio Reference 05m: 53s)
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. G.
Vote: 5 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -88213
Requesting approval of Interlocal Agreement between Hidalgo County Drainage District No. 1, Hidalgo County Precinct 3 and the City of McAllen as it relates to the Mayberry Road to Glasscock Road Drainage Improvements Project. (Subject to final legal review) (Audio Reference 07m: 01s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6. A.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6. A.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -88199
1. Requesting approval of Right of Possession Agreement for Parcel 10A-E1 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for Drainage District General Manager to execute documents.
2. Requesting approval of Right of Possession Agreement for Parcel 10A-E16 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for Drainage District General Manager to execute documents. (Audio Reference 07m: 13s)
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 items 6. B. 1. and 6. B. 2.
Vote: 5 - 0 – Unanimously
2. Requesting approval of Right of Possession Agreement for Parcel 10A-E16 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for Drainage District General Manager to execute documents. (Audio Reference 07m: 13s)
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 items 6. B. 1. and 6. B. 2.
Vote: 5 - 0 – Unanimously
C.
AI -88177
Acceptance and approval of Work Authorization No. 4 in the amount of $36,256.94 as submitted by L&G Consulting Engineers, Inc., through Contract No. C-HCDD1-21-025-06-15 to provide Construction Material Testing for, "FM 493 & County Rd Phase I Subdivision Drainage Improvements-2018 Bond Referendum Project No. 12." (Audio Reference 07m: 40s)
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. C.
Vote: 5 - 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. C.
Vote: 5 - 0 - Unanimously
Attachments:
D.
AI -88202
Y Drain Improvements - Budget 010
Discussion and possible action to deposit amounts due to Castle Enterprises, LLC to escrow account as requested by project surety on Contract No. HCDD1-21-050-01-11 Y Drain Improvements. (Audio Reference 08m: 01s)
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. D.
Vote: 5 - 0 – Unanimously
Discussion and possible action to deposit amounts due to Castle Enterprises, LLC to escrow account as requested by project surety on Contract No. HCDD1-21-050-01-11 Y Drain Improvements. (Audio Reference 08m: 01s)
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. D.
Vote: 5 - 0 – Unanimously
Attachments:
E.
AI -88184
South I Rd Detention - Budget 533
1. Approval of Application for Payment No. 1 in the amount of $233,937.74 from IOC Company pertaining to C-HCDD1-22-028-07-12 South I Rd Detention (West Side). Project Engineer: B2Z Engineering PO#646281
Sunflower Drain - Budget 536
2. Approval of Application for Payment No. 7 in the amount of $54,315.00 from Mor-Wil, LLC pertaining to C-HCDD1-20-041-08-12 Sunflower Drain. Project Engineer: Izaguirre Engineering Group PO#640784 (Audio Reference 08m: 18s)
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 items 6. E. 1. and 6. E. 2.
Vote: 5 - 0 - Unanimously
1. Approval of Application for Payment No. 1 in the amount of $233,937.74 from IOC Company pertaining to C-HCDD1-22-028-07-12 South I Rd Detention (West Side). Project Engineer: B2Z Engineering PO#646281
Sunflower Drain - Budget 536
2. Approval of Application for Payment No. 7 in the amount of $54,315.00 from Mor-Wil, LLC pertaining to C-HCDD1-20-041-08-12 Sunflower Drain. Project Engineer: Izaguirre Engineering Group PO#640784 (Audio Reference 08m: 18s)
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 items 6. E. 1. and 6. E. 2.
Vote: 5 - 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 08m: 51s)
The Court proceeded into closed session with a vote of approval at 9:34 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: 51s)
The Court proceeded into closed session with a vote of approval at 9:34 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 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. 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 7. C. as it was a closed session item.
8.
Open Session: (Audio Reference 09m: 45s)
The Board returned from Closed session at 9:58 A.M., and proceeded to the agenda item 8.A.
Commissioner Torres did not return from closed session.
The Board returned from Closed session at 9:58 A.M., and proceeded to the agenda item 8.A.
Commissioner Torres did not return from closed session.
A.
Possible Action of Real Estate Acquisition (Audio Reference 09m: 50s)
Legal Counselor, Ivan Perez, recommended a motion of approval to authorize Raul Sesin and his staff to proceed as discussed in the closed session.
The Board proceeded with a vote of approval on agenda item 8. A, as recommended.
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: 4 - 0 – Unanimously
Legal Counselor, Ivan Perez, recommended a motion of approval to authorize Raul Sesin and his staff to proceed as discussed in the closed session.
The Board proceeded with a vote of approval on agenda item 8. A, as recommended.
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: 4 - 0 – Unanimously
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 10m: 11s)
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. 2, EDUARDO “EDDIE” CANTU, 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. 2, EDUARDO “EDDIE” CANTU, 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 1st day of November 2022
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Karina Esparza, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on November 1, 2022.
Signed this 2nd day of November 2022
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Karina Esparza, Deputy
Court, the meetings of the Commissioners Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 1st day of November 2022
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Karina Esparza, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on November 1, 2022.
Signed this 2nd day of November 2022
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Karina Esparza, Deputy