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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - OCTOBER 17, 2023

BE IT REMEMBERED, that on this 17th day of October 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
OCTOBER 17, 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 00m:07s)

Judge Richard Cortez called the meeting to order at 9:31 A.M.

All members of the Board were present during the roll call.

Commissioner Ellie Torres was present via videoconference.
 
2.
 
Prayer (Audio Reference 00m:21s)

General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 02m:16s)

There were no public participants for Open Forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:22s)

The Board proceeded with a vote of approval for the Drainage District - Consent Agenda.

See Drainage District - Consent Agenda for the action taken.
 
5.
 
General Operations:
 
A.
AI -92915
1.  Presentation of the scoring grid for the purpose of the HCDD1 Board of Directors to rank the sole submitted response received from Burton McCumber & Longoria, LLP, as "qualified" in order to proceed with the Request for Qualifications process for: "Independent Financial Audit Services" RFQ No. HCDD1-23-041-08-30-ESZ; (Audio Reference 02m:38s)

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 5.A.1.

Vote: 5 - 0 – Unanimously

2.  Pursuant to the Board's approval, requesting authority for the Drainage District No. 1 to enter into negotiations and finalize a Letter Of Engagement for action by HCDD1 Board of Directors with the "qualified" ranked firm of: Burton McCumber & Longoria, LLP, for the provision of "Independent Financial Audit Services". (Audio Reference 03m:02s)

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: 5 - 0 -Unanimously 
Attachments:
 
B.
AI -92924
Request Approval of a Budget Amendment to transfer out of the General Fund $1,345,289.30 to Special Revenue Fund 127 to fund  District's portion of 2015 and 2016 General Land Office grant for the phase I and II  expansion of the Main Floodwater Channel as identified in the interlocal with Urban County. (Audio Reference 03m:22s)

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 5.B.

Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI -92930
1.  Requesting Approval of a Budget Amendment in the amount of $23,958,079.56 in the Capital Projects Fund 134 - 2019 Bond Series for Construction Contracts and Work Authorizations relating to the 2018 Drainage Bond Program that have been approved by the Board of Directors. (Audio Reference 03m:45s)

Reference Agenda Item 5.C.5.

2.  Requesting Approval of a Budget Amendment in the amount of $22,861,120 in the Capital Projects Fund 135 - 2021 Taxable Bond Series for Construction Contracts and Work Authorizations relating to the 2018 Drainage Bond Program that have been approved by the Board of Directors. (Audio Reference 04m:04s)

Reference Agenda Item 5.C.5.

3.  Requesting Approval of a Budget Amendment in the amount of $32,789,434.36 in the Capital Projects Fund 136- 2021 Bond Series for Construction Contracts and Work Authorizations relating to the 2018 Drainage Bond Program that have been approved by the Board of Directors. (Audio Reference 04m:18s)

Reference Agenda Item 5.C.5.

4. Requesting Approval of a Budget Amendment in the amount of $48,496,238.89 in the Capital Projects Fund 137- 2021A Taxable Bond Series for Construction Contracts and Work Authorizations relating to the 2018 Drainage Bond Program that have been approved by the Board of Directors. (Audio Reference 04m:33s)

Reference Agenda Item 5.C.5.

5.  Requesting Approval of a Budget Amendment in Capital Project Fund 173  recognizing Bond Proceeds, issuance cost, and premium of 2023 Bond Series in the amount of $60,608,163.75. (Audio Reference 04m:48s)

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 items 5.C.1., through 5.C.5.

Vote: 5 - 0 – Unanimously
 
D.
AI -92934
Approval of Novation Agreement between S&B Infrastructure, Ltd., R.R.P. Consulting Engineers L.L.C. and HCDD1 pertaining to S&B Project U9444 (U3192, U3408) subject to R.R.P.  Consulting Engineers and HCCD1 executing an update to the Agreement for Professional Engineering Service to be consistent with current HCDD1 APES format and payment subject to level of effort, subject to final legal review and approval. (Audio Reference 05m:11s)

Valde Guerra stated that Commissioner Everardo "Ever" Villarreal abstained from any discussion and/or action regarding agenda item 5.D.

The remaining members of the Board proceeded with a vote of approval for Agenda Item 5.D.

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 5.D.,subject to final legal review and approval.

Vote: 4 - 0 -Unanimously 
 
E.
AI -92864
1. Presentation of the sole firm (RGV Appraisal Services, LLC) responding to the ''Expansion of Professional Real Estate Appraisal Services 2023 Pool'', RFQ No. HCDD1-23-047-09-13-ESZ -for the purpose of acceptance as "Qualified" by the HCDD1 Board of Directors: (Audio Reference 06m:48s)

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 5.E.1.

Vote: 5 - 0 -Unanimously 

2. Pursuant to the Board's approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Contract with (RGV Appraisal Services, LLC) for the provision of ''Professional Real Estate Appraisal Services 2023 Pool'' for Hidalgo County Drainage District No. 1 Projects. (Audio Reference 07m:14s)

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.E.2.

Vote: 5 - 0 -Unanimously
 
F.
AI -92841
Approval and acceptance of Letter of Engagement (LOE) for "Arbitrage Calculations Services" with Hidalgo County's selected and awarded firm: BLX Group, LLC, as allowed through the procured Hidalgo County RFQ 23-0283-08-30-01. (Subject to Final Legal Review). (Audio Reference 07m:30s)

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.F., subject to final legal review.
                                                    
Vote: 5 - 0 – Unanimously
 
G.
AI -92886
Approval to exercise the District's sole option to renew/extend the contract for "Storm Drain Pipes and Related Items" with Rio Valley Pipe, LLC dba CAPA, for a period of one (1) year, under the same, rates, terms, and conditions as stated in the contract number C-HCDD1-22-055A-11-01, with extension date effective November 02, 2023 through November 01, 2024.(Subject to compliance with HB1295) (Audio Reference 08m: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.G., subject to compliance with HB1295.

Vote: 5 - 0 – Unanimously
 
H.
AI -92756
Requesting authority to advertise and approval of RFB packet (requirements, specifications and plans), for "Phase I -Flood Control Project Mercedes Lateral -Project No. 40031'', RFB-HCDD1-23-058-10-17-ESZ, including the re-advertising of the project in the event no responses are received and/or are rejected and project is still required. (Audio Reference 08m: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 5.H.
                                                     
Vote: 5 - 0 – Unanimously
 
I.
AI -92913
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code, Chapter 262.024 (a)(7) (A)-"items for which competition is precluded because of existence of patents, copyrights, secret process or monopolies" in connection with High Sierra Electronics, Inc., an AEM Subsidiary -for Alert 2 Transmitters & TDMA Design and all hardware components. (Audio Reference 08m:55s)

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.I.1.
                                                     
Vote: 5 - 0 – Unanimously

2. Approval of "Sole Source Declaration" for High Sierra Electronics, Inc., an AEM Subsidiary and the execution of the Specific and General Terms and Conditions Agreement, for the purchase of Alert 2 Transmitters & TDMA Design including all hardware components, for as long as HCDD1 possess the hardware with Sole Source declaration to remain in effect unless otherwise revoked by the HCDD1 Board of Directors. (Subject to final legal review) (Audio Reference 09m:20s)

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.I.2., subject to final legal review.
                                                     
Vote: 5 - 0 – Unanimously
 
J.
AI -92902
Raymondville Drain Construction Segment 1 - Budget 010
Payment approval of Invoice No. 16-2023 RD in the amount of $46,180.47 from Hidalgo County Precinct 4 for Pay Period 16, 2023 construction services. (Audio Reference 09m:49s)

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.J.

Vote: 5 - 0 – Unanimously
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -92922
Requesting approval of closing documents for Parcel 26-13 as it relates to Project 26 of the 2018 Drainage Bond Program - Mission Lateral and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 10m:02s)

Reference Agenda Item 6.D.3.
Attachments:
 
B.
AI -92853
Acceptance and approval of Work Authorization No. 3 to provide Construction Materials Testing Services (CMT) in the total amount of $12,617.83 as submitted by B2Z Engineering, LLC, for "Jackson Rd Drain Phase II -2018 Bond Referendum Project No. 16'', Contract No. C-HCDD1-23-036-07-25.

Reference Agenda Item 6.D.3.
Attachments:
 
C.
AI -92881
Requesting approval of Supplemental Agreement No. 1 to the Work Authorization No. 1, for the project "Southwest Weslaco Phase II -2018 Bond Referendum Project No. 35", (C-HCDD1-23-011-02-17), with Supreme Engineering, PLLC., to reflect a revised ''Exhibit D"-Work Schedule, with an extended termination date of April 04, 2025, (subject to final Legal review and compliance with HB1295).

Reference Agenda Item 6.D.3.
Attachments:
 
D.
AI -92901
Mission-McAllen Rado Alt Phase I - Budget 525
1. Approval of Application for Payment No. 13 in the amount of $138,240 from Gonzalez Engineering pertaining to Construction Contract C-HCDD1-21-023-07-27 Mission - McAllen Rado Alternate Phase I. Project Engineer: B2Z Engineering, PO#642887
South Lateral Drain Structure - Budget 534
2. Approval of Application for Payment No. 4 in the amount of $761,692.50 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-033-07-12 South Lateral Drain Structure. Project Engineer HCDD1 Yvette Barrera, PE, CFM, PO#646381
Mile 10 N & Baseline - Budget 520
3. Approval of Application for Payment No. 1 in the amount of $40,025.13 from RBM Contractors pertaining to Construction Contract C-HCDD1-23-014-06-13 Pct. 1 M10 N & Baseline. Project Engineer: Project Engineer: Quintanilla Headley. PO#648064 (Audio Reference 11m:14s)

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 items 6.A., through 6.D.3., subject to final Legal review and compliance with HB1295.

Vote: 5 - 0 – Unanimously
 
7.
 
2023 Bond Referendum Projects:
 
A.
AI -92798
1. Requesting approval of the final negotiated Agreement for Professional Engineering Services with Melden & Hunt, Inc. for the project, "Mission McAllen Drain Phases 1-4 - 2023 Bond Referendum Project No. 12", Contract No. C-HCDD1-23-059-10-17 and as approved for negotiations on 09/05/23, AI 92357 (subject to final legal review). (Audio Reference 11m:39s)
2. Acceptance and approval of Work Authorization No. 1 in the amount of $130,000.00 as submitted by Melden & Hunt, Inc. through Contract No. C-HCDD1-23-059-10-17, to provide Professional Engineering Services for "Mission McAllen Drain Phases 1-4 - 2023 Bond Referendum Project No. 12 (subject to final legal review). (Audio Reference 12m:07s)

Reference Agenda Item 7.G.
 
B.
AI -92814
1. Requesting approval of the final negotiated Agreement for Professional Engineering Services with Izaguirre Engineering Group, LLC for the project, "Pharr McAllen Drain - West - 2023 Bond Referendum Project No. 9", Contract No. C-HCDD1-23-060-10-17 and as approved for negotiations on 09/05/23, AI 92354 (subject to final legal review). (Audio Reference 12m:23s)
2. Acceptance and approval of Work Authorization No. 1 in the amount of $136,235.89 as submitted by Izaguirre Engineering Group, LLC through Contract No. C-HCDD1-23-060-10-17, to provide Professional Engineering Services for "Pharr McAllen Drain - West - 2023 Bond Referendum Project No. 9 (subject to final legal review). (Audio Reference 12m:42s)

Reference Agenda Item 7.G.
 
C.
AI -92815
1. Requesting approval of the final negotiated Agreement for Professional Engineering Services with Izaguirre Engineering Group, LLC for the project, "Mission McAllen Drain Phase 1 - 2023 Bond Referendum Project No. 12", Contract No. C-HCDD1-23-061-10-17 and as approved for negotiations on 09/05/23, AI 92354 (subject to final legal review). (Audio Reference 13m:01s)
2. Acceptance and approval of Work Authorization No. 1 in the amount of $178,055.70 as submitted by Izaguirre Engineering Group, LLC through Contract No. C-HCDD1-23-061-10-17, to provide Professional Engineering Services for "Mission McAllen Drain Phase 1 - 2023 Bond Referendum Project No. 12 (subject to final legal review). (Audio Reference 13m:19s)

Reference Agenda Item 7.G.
 
D.
AI -92884
1. Requesting approval of the final negotiated Agreement for Professional Engineering Services with Quintanilla, Headley & Associates, Inc. for the project, "Mission McAllen Drain Phase 4 - 2023 Bond Referendum Project No. 12", Contract No. C-HCDD1-23-063-10-17 and as approved for negotiations on 09/05/23, AI 92356 (subject to final legal review). (Audio Reference 13m:39s)
2. Acceptance and approval of Work Authorization No. 1 in the amount of $181,248.00 as submitted by Quintanilla, Headley & Associates, Inc. through Contract No. C-HCDD1-23-063-10-17, to provide Professional Engineering Services for "Mission McAllen Drain Phase 4 - 2023 Bond Referendum Project No. 12 (subject to final legal review). (Audio Reference 14m:00s)

Reference Agenda Item 7.G.
 
E.
AI -92885
1. Requesting approval of the final negotiated Agreement for Professional Engineering Services with Quintanilla, Headley & Associates, Inc. for the project, "San Juan Lateral Extension - 2023 Bond Referendum Project No. 25", Contract No. C-HCDD1-23-064-10-17 and as approved for negotiations on 09/05/23, AI 92356 (subject to final legal review). (Audio Reference 14m:18s)
2. Acceptance and approval of Work Authorization No. 1 in the amount of $144,925.00 as submitted by Quintanilla, Headley & Associates, Inc. through Contract No. C-HCDD1-23-064-10-17, to provide Professional Engineering Services for "San Juan Lateral Extension - 2023 Bond Referendum Project No. 25 (subject to final legal review). (Audio Reference 14m:39s)

Reference Agenda Item 7.G.
 
F.
AI -92903
North Main Drain - Budget 204 (ARPA)
Approval of Application No. 3 in the amount of $336,734.42 from Welch Excavation pertaining to Construction Contract C-HCDD1-22-066-05-02 North Main Drain. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, PO# 647845 (Audio Reference 14m:55s)

Reference Agenda Item 7.G.
Attachments:
 
G.
AI -92923
Requesting approval of closing documents for Parcel 26-7 as it relates to Project 26 of the 2023 Drainage Bond Program - LJ Drain Nolana Outfall and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 15m:12s)

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 items 7.A.1., through  7.G., subject fo final legal review.
                                                     
Vote: 5 - 0 – Unanimously
Attachments:
 
8.
 
Closed Session: (Audio Reference 16m:29s)
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following:

The Board proceeded into closed session with a vote of approval at 9:47 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: 5 - 0 – Unanimously
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference Agenda Item 9.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference Agenda Item 9.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 8.C.a), as it was a closed session item.
 
1.
AI -92935
Consultation with legal counsel regarding landowner request pertaining to Neuhaus Estates Subdivision.

No action was taken on Agenda Item 8.C.1.
 
9.
 
Open Session: (Audio Reference 17m:35s)

The Board returned from closed session at 10:01 A.M., and proceeded to Agenda Item 9.A.

 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 17m:43s)

Legal Counsel, 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 9.A.

Vote: 4 - 0 – Unanimously

Commissioner Eduardo "Eddie" Cantu joined the meeting after closed session at this time.
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action taken on Agenda Item 9.B.
 
10.
 
Adjourn (Audio Reference 17m:57s)

Judge Cortez adjourned the meeting with a vote of approval at 10:02 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: 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 17th day of October, 2023

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Daniela E. Garza, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on October 17, 2023.

Signed this 18th day of October 2023




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


By: ____________________________
(Seal) Daniela E. Garza, Deputy