REGULAR MEETING - JULY 23, 2024
BE IT REMEMBERED, that on this 23rd day of July A.D., 2024, 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 ELLIE TORRES |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 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 JULY 23, 2024 1:30 P.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 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:15s)
Judge Richard F. Cortez called the meeting to order at 1:32 P.M.
All members of the Board were present during the roll call, except Commissioner Everardo "Ever" Villarreal.
Commissioner Everardo "Ever" Villarreal was absent from this meeting.
Judge Richard F. Cortez called the meeting to order at 1:32 P.M.
All members of the Board were present during the roll call, except Commissioner Everardo "Ever" Villarreal.
Commissioner Everardo "Ever" Villarreal was absent from this meeting.
2.
Prayer (Audio Reference 00m:31s)
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 03m:01s)
Public participant Joe Rodriguez came before the Board to express his dissatisfaction with HCDD1. Mr. Rodriguez stated that he came before the Board a year ago to report a drainage ditch where work had to be done; however, no one evaluated the site. Furthermore, Mr. Rodriguez mentioned that when HCDD1 finally went, they destroyed part of the road. Mr. Rodriguez stated that if they say they are going to do something, they should actually do it when they say they are.
No action was taken on Agenda Item 3.
Public participant Joe Rodriguez came before the Board to express his dissatisfaction with HCDD1. Mr. Rodriguez stated that he came before the Board a year ago to report a drainage ditch where work had to be done; however, no one evaluated the site. Furthermore, Mr. Rodriguez mentioned that when HCDD1 finally went, they destroyed part of the road. Mr. Rodriguez stated that if they say they are going to do something, they should actually do it when they say they are.
No action was taken on Agenda Item 3.
4.
Approval of Consent Agenda (Audio Reference 06m:47s)
The Board proceeded with a vote of approval for the Drainage District - Consent Agenda.
See Drainage District - Consent Agenda for the action taken.
The Board proceeded with a vote of approval for the Drainage District - Consent Agenda.
See Drainage District - Consent Agenda for the action taken.
5.
Discussion and update by HCDD1 General Manager as it relates to pending construction and HCDD1 projects. (Audio Reference 07m:03s)
General Manager of the Hidalgo County Drainage District No. 1, Raul Sesin, provided an update on pending construction and HCDD1 projects.
Commissioner Fuentes notified Mr. Sesin that the website where improvements are posted is not working and urged Mr. Sesin to find a solution for this issue as soon as possible. Commissioner Fuentes also took the time to thank Mr. Sesin and his team for all the work they have accomplished so far.
No action was taken on Agenda Item 5.
General Manager of the Hidalgo County Drainage District No. 1, Raul Sesin, provided an update on pending construction and HCDD1 projects.
Commissioner Fuentes notified Mr. Sesin that the website where improvements are posted is not working and urged Mr. Sesin to find a solution for this issue as soon as possible. Commissioner Fuentes also took the time to thank Mr. Sesin and his team for all the work they have accomplished so far.
No action was taken on Agenda Item 5.
6.
General Operations:
A.
AI -96064
Requesting approval to enter into a Agreement with Docuware Group, for Smart Document Control Software with the authority of the District General Manager or his designee to sign the contract. (Subject to final legal review) (Audio Reference 13m:49s)
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 6.A., subject to final legal review.
Vote: 4 - 0 -Unanimously
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 6.A., subject to final legal review.
Vote: 4 - 0 -Unanimously
B.
AI -96019
Requesting approval of Supplemental Agreement No. 1 to the Work Authorization 2 with B2Z Engineering, LLC., to provide additional Construction Management and Inspection Services in the total amount of $19,511.90 for the project ''North Main Drain III Storm Water Project Phase II'', (C-HCDD1-23-036-07-25) (subject to final legal review and compliance with HB1295). (Audio Reference 14m:03s)
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 6.B., subject to final legal review and compliance with HB1295.
Vote: 4 - 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 6.B., subject to final legal review and compliance with HB1295.
Vote: 4 - 0 - Unanimously
C.
AI -96023
Requesting approval of Supplemental Agreement No. 1 to the Work Authorization 1 with B2Z Engineering, LLC., to provide additional Construction Management and Inspection Services in the total amount of $45,008.66 for the project ''HCDD1 Complex -M&O Training Facility'', (C-HCDD1-23-024-05-02). (subject to final legal review and compliance with HB1295). (Audio Reference 14m:25s)
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.C., subject to final legal review and compliance with HB1295.
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 6.C., subject to final legal review and compliance with HB1295.
Vote: 4 - 0 – Unanimously
Attachments:
7.
2018 Bond Referendum Projects:
A.
AI -96004
Requesting approval of closing documents for Parcel 22-RDF3 as it relates to Project 22 of the 2018 Drainage Bond Program - Mile 11 N & FM 1015 Project and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 14m:49s)
Reference Agenda Item 7.D.2., for action taken.
Reference Agenda Item 7.D.2., for action taken.
Attachments:
B.
AI -96077
Requesting approval of closing documents for Parcel 8-10 as it relates to Project 23 of the 2018 Drainage Bond Program - Anaquitas Project and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 15m:03s)
Reference Agenda Item 7.D.2., for action taken.
Reference Agenda Item 7.D.2., for action taken.
Attachments:
C.
AI -96050
Requesting approval of Work Authorization No. 16 to provide Geotechnical Laboratory Services in the total amount of $19,500.64 as submitted by B2Z Engineering, LLC, for the project "Mile 10 N & Mile 1 W -2018 Bond Referendum Project No. 21'', Contract No. C-HCDD1-23-036-07-25. (Subject to final legal review and compliance with HB-1295). (Audio Reference 15m:13s)
Reference Agenda Item 7.D.2., for action taken.
Reference Agenda Item 7.D.2., for action taken.
Attachments:
D.
AI -96074
Jackson Rd. Drain - Budget 516
1. Approval of Application for Payment No. 3 in the amount of $74,113.20 from RDH Site & Concrete LLC pertaining to Construction Contract C-HCDD1-21-047-11-30 Jackson Rd Drain. Project Engineer: Quintanilla Headley & Associates PO#648343
Glasscock Rd (Mile 4 to Mile 5) - Budget 543
2. Approval of Application for payment No. 4 in the amount of $292,914.00 from Saenz Brothers Construction, LLC pertaining to Construction Contract C-HCDD1-23-051-09-27ESZ Project Engineer: J&R Engineering PO#648791. (Audio Reference 15m: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 items 7.A. through 7.D.2.., subject to final legal review and compliance with HB1295.
Vote: 4 - 0 – Unanimously
1. Approval of Application for Payment No. 3 in the amount of $74,113.20 from RDH Site & Concrete LLC pertaining to Construction Contract C-HCDD1-21-047-11-30 Jackson Rd Drain. Project Engineer: Quintanilla Headley & Associates PO#648343
Glasscock Rd (Mile 4 to Mile 5) - Budget 543
2. Approval of Application for payment No. 4 in the amount of $292,914.00 from Saenz Brothers Construction, LLC pertaining to Construction Contract C-HCDD1-23-051-09-27ESZ Project Engineer: J&R Engineering PO#648791. (Audio Reference 15m: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 items 7.A. through 7.D.2.., subject to final legal review and compliance with HB1295.
Vote: 4 - 0 – Unanimously
8.
2023 Bond Referendum Projects:
A.
AI -95971
Requesting approval of Work Authorization No. 15 to provide Construction Materials Testing Services (CMT) in the amount of $33,761.39 as submitted by B2Z Engineering, LLC for "Mission McAllen Drain - 2023 Bond Referendum Project No. 12" Contract No. HCDD1-23-036-ESZ. (Audio Reference 16m:17s)
Reference Agenda Item 8.B., for action taken.
Reference Agenda Item 8.B., for action taken.
B.
AI -96076
South Main Drain Phase 2 - Budget 703
Approval of Application for Payment No. 2 in the amount of $763,846.53 from E-Con Group pertaining to construction contract C-HCDD1-24-007-03-19 South Main Drain Phase 2. Project Engineer: HCDD1 Omar Anzaldua, Jr. PE CFM PO#649085. (Audio Reference 16m:36s)
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 8.A., and 8.B.
Vote: 4 - 0 – Unanimously
Approval of Application for Payment No. 2 in the amount of $763,846.53 from E-Con Group pertaining to construction contract C-HCDD1-24-007-03-19 South Main Drain Phase 2. Project Engineer: HCDD1 Omar Anzaldua, Jr. PE CFM PO#649085. (Audio Reference 16m:36s)
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 8.A., and 8.B.
Vote: 4 - 0 – Unanimously
Attachments:
9.
Right of Way Acquisitions:
A.
AI -96078
Raymondville Drain - Budget 010
1. Payment approval of Invoice No. 03-2024 RD in the amount of $29,887.41 from Hidalgo County Precinct 4 pertaining to Pay Period 3 2024 on the Raymondville Drain.
2. Payment approval of Invoice No. 5-8-2024 RD in the amount of $276,010.96 from Hidalgo County Precinct 4 pertaining to Pay Periods 5 through 8, 2024 on the Raymondville Drain. (Audio Reference 17m:00s)
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 items 9.A.1. and 9.A.2.
Vote: 4 - 0 - Unanimously
1. Payment approval of Invoice No. 03-2024 RD in the amount of $29,887.41 from Hidalgo County Precinct 4 pertaining to Pay Period 3 2024 on the Raymondville Drain.
2. Payment approval of Invoice No. 5-8-2024 RD in the amount of $276,010.96 from Hidalgo County Precinct 4 pertaining to Pay Periods 5 through 8, 2024 on the Raymondville Drain. (Audio Reference 17m:00s)
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 items 9.A.1. and 9.A.2.
Vote: 4 - 0 - Unanimously
10.
Closed Session: (Audio Reference 17m:38s)
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 did not proceeded into Agenda Item 10 - Closed session
The Board proceeded to Agenda Item 4. (Audio Reference 17m:49s)
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 did not proceeded into Agenda Item 10 - Closed session
The Board proceeded to Agenda Item 4. (Audio Reference 17m:49s)
A.
Real Property (Tex. Gov't. Code 551.072)
Reference Agenda Item 11.A.
Reference Agenda Item 11.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference Agenda Item 11.B.
Reference Agenda Item 11.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 10.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 10.C.a), as it was a closed session item.
11.
Open Session:
The Board did not proceed into Agenda Item 11 - Open Session.
The Board did not proceed into Agenda Item 11 - Open Session.
A.
Possible Action of Real Estate Acquisition
No action was taken on Agenda Item 11.A.
No action was taken on Agenda Item 11.A.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on Agenda Item 11.B.
No action was taken on Agenda Item 11.B.
12.
Adjourn (Audio Reference 19m:03s)
Judge Cortez adjourned the meeting with a vote of approval at 1:51 P.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: 4 - 0 – Unanimously
Judge Cortez adjourned the meeting with a vote of approval at 1:51 P.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: 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 23rd day of July, 2024
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 July 23, 2024.
Signed this 24th day of July, 2024
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Daniela E. Garza, Deputy
Court, the meetings of the Commissioners Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 23rd day of July, 2024
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 July 23, 2024.
Signed this 24th day of July, 2024
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Daniela E. Garza, Deputy