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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - AUGUST 6, 2024

BE IT REMEMBERED, that on this 6th day of August A.D., 2024, 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 EVERARDO "EVER" VILLARREAL

HONORABLE ELLIE TORRES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

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
AUGUST 6, 2024
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:04s)

Judge Richard F. Cortez called the meeting to order at 9:30 A.M.

All members of the Board were present during the roll call, except Commissioner Eduardo "Eddie" Cantu and Commissioner Ellie Torres.

Commissioner Eduardo "Eddie" Cantu was absent from this meeting.

Commissioner Ellie Torres joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference 00m:17s)

General Manager of the Hidalgo County Drainage District No. 1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 02m:40s)

There were no public participants for Open Forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:49s)

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 03m:42s)

The General Manager of the Hidalgo County Drainage District No. 1, Raul Sesin, offered an update on the pending construction and HCDD1 projects.

No action was taken on Agenda Item 5.

Commissioner Ellie Torres joined the meeting at this time.
 
6.
 
General Operations:
 
A.
AI -96224
 1.) Requesting exemption for legal services - McCarthy & McCarthy. (Audio Reference 07m: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.A.1.

Vote: 4 - 0 - Unanimously

 2.) Requesting approval of Engagement Letter for legal services with McArthy & McCarthy. (Pending final legal review) (Audio Reference 07m:30s)

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.2., pending final legal review.
                                                                         
Vote: 4 - 0 – Unanimously
 
B.
AI -96226
Requesting approval of Hidalgo County Irrigation District No. 2 Permit Application as it relates to Stewart Industrial Park Drainage Improvements and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 09m:03s)

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.B., pending final legal review.
                                                                              
Vote: 4 - 0 – Unanimously
Attachments:
 
C.
AI -96171
Requesting approval to complete and submit a credit application/agreement, to establish a District account with Texan Cement Inc., for the acquisition of cement & concrete materials, with the authority of the District General Manager or his designee to sign the credit application. (Subject to final legal review). (Audio Reference 09m:27s)

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., subject to final legal review.

Vote: 4 - 0 – Unanimously
 
D.
AI -96164
Requesting approval to enter into an agreement with Turnkey Communications, for building alarm monitoring services with the authority of the District General Manager or his designee to sign the contract. (Subject to final legal review) (Audio Reference 09m:47s)

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.D., subject to final legal review.

Vote: 4 - 0 – Unanimously
 
E.
AI -96169
Requesting approval to enter into an agreement with Samsara Inc, for GPS monitoring services for fleet vehicles and equipment with the authority of the District General Manager or his designee to sign the contract. (Subject to final legal review) (Audio Reference 10m:05s)

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.E., subject to final legal review.

Vote: 4 - 0 - Unanimously
 
F.
AI -96194
Requesting approval to enter into an agreement with Superior Alarms, for security alarm monitoring services with the authority of the District General Manager or his designee to sign the contract. (Subject to final legal review) (Audio Reference 10m:36s)

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.F., subject to final legal review.

Vote: 4 - 0 - Unanimously
 
G.
AI -96201
Requesting authority to advertise and approval of procurement packet (i.e.,legal notice, specifications, bid page, etc.) for the purchase of Vertical Axial/Mixed-Flow Pump for various projects. RFB No. HCDD1-24-045-08-28-AG including the re-advertisement in the event no bids are received and/ or rejected and project is still required. (Audio Reference 10m:52s)

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.G.

Vote: 4 - 0 - Unanimously
 
H.
AI -96210
Requesting authority to advertise and approval of RFB packet for "Curry Drain Metal Beam Guardrail Improvements Project", RFB No. HCDD1-24-046-08-28-JS, 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 11m:15s)

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.H.

Vote: 4 - 0 - Unanimously
 
I.
AI -96222
A.  Requesting approval of a Budget Amendment in the amount of $2,870,824.13 from the District's un-reserve Fund Balance to pay for the open purchase orders commitments at December 31, 2023, from the District M&O and Administration budgets. (Audio Reference 11m:35s)

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.I.A.

Vote: 4 - 0 – Unanimously

B.  Requesting approval of a Budget Amendment in the amount of $1,900,000.00 from the District's General Fund to the Capital Projects Fund 130 in order to continue the construction of the new training facility. (Audio Reference 11m:56s)

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.I.B.

Vote: 4 - 0 - Unanimously
 
J.
AI -96195
Requesting approval of the following Capital Project Funds Budget Amendments as needed for Construction Contracts and Work Authorizations relating to each Bond Series:

    1.  Capital Project Fund 132 - 2008 Bond Series                  $   2,154,068.67
    2.  Capital Project Fund 133 - 2013 Bond Series                  $   6,900,452.84
    3.  Capital Project Fund 134 - 2019 Bond Series                  $ 10,788,733.23
    4.  Capital Project Fund 135 - 2021 Taxable Bond Series     $ 22,864,104.80
    5.  Capital Project Fund 136 - 2021 Bond Series                  $ 15,806,323.61
    6.  Capital Project Fund 137 - 2021 A Taxable Bond Series  $ 48,251,371.99
    7.  Capital Project Fund 173 - 2023 Bond Series -                $ 58,817,261.43

(Audio Reference 12m:15s)

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.J.1., through 6.J.7.

Vote: 4 - 0 – Unanimously
 
K.
AI -96216
Ditch W-01-00 Gates Structure - Budget 025
Approval of Application for Payment No. 5 in the amount of $119,085.09 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-23-008-04-04 Ditch W-01-00 Gates Structure. Project Engineer HCDD1 Omar Anzaldua, Jr. PE CFM PO#648479. (Audio Reference 14m:00s)

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.K.
                                                                         
Vote: 4 - 0 – Unanimously
Attachments:
 
L.
AI -96219
North Main Drain TDEM - Budget 204
1. Approval of Application for Payment No. 8 in the amount of $42,428.29 from Welch Excavation pertaining to Construction Contract C-HCDD1-22-066-05-02 North Main Drain. Project Engineer HCDD1 Omar Anzaldua, Jr., PE, CFM PO#647845
HCDD1 Complex M&O Training - Budget 202
2. Approval of Application for Payment No. 1 in the amount of $150,237.39 from NM Contracting pertaining to Construction Contract C-HCDD1-23-076-03-05 HCDD1 Complex. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM PO#649184. (Audio Reference 14m:21s)

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 items 6.L.1., and 6.L.2.

Vote: 4 - 0 – Unanimously
Attachments:
 
7.
 
2018 Bond Referendum Projects:
 
A.
AI -96199
Requesting approval of closing documents for Parcel 30-8 as it relates to Project 30 of the 2018 Drainage Bond Program - Penitas Drain Project and authority for the Chairman of the Board to execute documents. Pending final legal review. (Audio Reference 14m:54s)

Reference Agenda Item 7.D.3., for action taken.
Attachments:
 
B.
AI -96206
Requesting approval of Supplemental Agreement No. 7 to the Professional Engineering Services Agreement and to the Work Authorization 1, with Quintanilla Headley & Associates, Inc. for the project of ''Jackson Rd. Drain -2018 Bond Referendum Project No. 16'', (C-HCDD1-19-009-03-26) to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of September 30, 2024, (Subject to final legal review and compliance with HB1295). (Audio Reference 15m:05s)

Reference Agenda Item 7.D.3., for action taken.
 
C.
AI -96129
1. Requesting approval to accept bids and award a Construction Contract to the lowest and most responsive bidder, RDH Site and Concrete, LLC, in the amount of $2,306,272.50 for the project ''Hidalgo Drain Drainage Improvements -2018 Bond Project 13'', RFB No. HCDD1-24-034-07-03-ESZ as recommended by Project Engineer, SAMES, Inc., (subject to Legal review and compliance with HB1295).
2. Pursuant to the Texas Water Code 49.273(i), requesting authority for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to approve change orders that involve an increase or decrease in cost of $50,000.00 or less and in no event exceed the Change Order's statutory limits. (Audio Reference 15m:27s)

Reference Agenda Item 7.D.3., for action taken.
 
D.
AI -96217
Mid-Valley Airport - Budget 519
1. Approval of Application for Payment No. 10 in the amount of $3,283.52 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-020-05-31 Mid-Valley Airport. Project Engineer HCDD1 Yvette Barerra, PE, CFM PO#646596
Mile 10 N & Baseline - Budget 520
2. Approval of Application for Payment No. 10 in the amount of $163,465.92 from RBM Contractors pertaining to Construction Contract C-HCDD1-23-014-04-26-KMG Mile 10 N & Baseline. Project Engineer Quintanilla Headley PO#648064
Mile 9 N & FM 1015 PKG 1B - Budget 524
3. Approval of Application for Payment No. 9 in the amount of $213,254.29 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-054-12-08 Mile 9 N & FM1015. Project Engineer Halff Associates PO#645350. (Audio Reference 16m: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 items 7.A., through 7.D.3., subject to final legal review and compliance with HB1295.

Vote: 4 - 0 - Unanimously

Southwest Weslaco - Budget 535
4. Approval of Application for Payment No. 3 in the amount of $115,406.37 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-23-056-11-14 Southwest Weslaco. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM PO#648668. (Audio Reference 17m:09s)

Mr. Valde Guerra stated that Commissioner David Fuentes abstained from any discussion and/or action regarding Agenda item 7.D.4.

The remaining members of the Board proceeded with a vote of approval for Agenda Item 7.D.4.

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.D.4.

Vote: 3 - 0 - Unanimously
 
8.
 
2023 Bond Referendum Projects:
 
A.
AI -96130
Requesting approval of closing documents for Parcel 20-RDF as it relates to Project 20 of the 2023 Drainage Bond Program - Seminary RDF Project and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 17m:42s)

Reference Agenda Item 8.C., for action taken.
Attachments:
 
B.
AI -96119
Requesting approval of Work Authorization No. 1 to provide Construction Materials Testing Services (CMT) in the amount of $32,693.50 as submitted by Millennium Engineers Group, Inc. for "Mission McAllen Drain Phase III - 2023 Bond Referendum Project No. 12" Contract No. C-HCDD1-23-037-08-08. (Audio Reference 17m:54s)

Reference Agenda Item 8.C., for action taken.
 
C.
AI -96202
Requesting authority to advertise and approval of the RFB packet (requirements, specifications and plans) for "Alamo Expressway Drain Phase II -2023 Bond Referendum Project 21," RFB No. HCDD1-24-047-08-28-ESZ, including the re-advertising of the project in the event no responses are received and/or bids are rejected. (Audio Reference 18m:12s)

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 items 8.A., through 8.C., pending final legal review.

Vote: 4 - 0 - Unanimously
 
9.
 
General Fund:
 
A.
AI -96189
1.  Requesting approval to purchase six (6) John Deere 6145M, 4WD Tractors with attached boom mowers from Tiger Corporation, through the Hidalgo County Drainage District No. 1 membership/participation with BuyBoard awarded Contract No. 706-23 in the total amount of $1,489,144.02. (Audio Reference 18m:37s)

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 9.A.1.

Vote: 4 - 0 - Unanimously

2. Requesting approval of a Budget Amendment in the amount of $1,489,144.02 from the District's General Fund un-reserve fund balance for the purchase of John Deere equipment. (Audio Reference 19m:06s)

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 9.A.2.

Vote: 4 - 0 - Unanimously
 
10.
 
Right of Way Acquisitions:
 
A.
AI -96229
1. Requesting approval of closing documents and Possession and use agreement for Parcel 1 as it relates to TXDOT FM 907 Project and authority for the Chairman of the Board to execute documents, pending final legal review.
2. Requesting approval of closing documents and Possession and use agreement for Parcel 2 as it relates to TXDOT FM 907 Project and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 19m:44s)

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 10.A.1., and 10.A.2., pending final legal review.
                                                                         
Vote: 4 - 0 – Unanimously
Attachments:
 
11.
 
Closed Session: (Audio Reference 20m:10s)
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 closed session.

No action was taken on Agenda Item 11.

The Board proceeded to Agenda Item 13. (Audio Reference 20m:22s)
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference agenda Item 12.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference agenda Item 12.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 11.C.a), as it was a Closed Session item.
 
12.
 
Open Session:

The Board did not proceed into Agenda Item 12 - Closed Session.

No action was taken on Agenda Item 12.
 
A.
 
Possible Action of Real Estate Acquisition

No action was taken on Agenda Item 12.A.
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on Agenda Item 12.B.
 
13.
 
Adjourn (Audio Reference 20m:23s)

Judge Cortez adjourned the meeting with a vote of approval at 9:50 A.M.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by INAUDIBLE, 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 6th day of August, 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 August 6, 2024.

Signed this 6th day of August, 2024




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


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