SPECIAL MEETING - SEPTEMBER 17, 2024
BE IT REMEMBERED, that on this 17th day of September 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 |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 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 SEPTEMBER 17, 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:06s)
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 and Commissioner Ellie Torres were absent from this meeting.
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 and Commissioner Ellie Torres were absent from this meeting.
2.
Prayer (Audio Reference 00m:27s)
Assistant General Manager of the Hidalgo County Drainage District No. 1, Yvette Barrera, offered the prayer.
Assistant General Manager of the Hidalgo County Drainage District No. 1, Yvette Barrera, offered the prayer.
3.
Open Forum (Audio Reference 01m:49s)
There were no public participants for Open Forum.
There were no public participants for Open Forum.
4.
Approval of Consent Agenda (Audio Reference 01m:53s)
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 02m:07s)
Assistant General Manager of the Hidalgo County Drainage District No. 1, Yvette Barrera, offered the update on pending construction and HCDD1 projects.
No action was taken on Agenda Item 5.
(Audio Reference 15m:50s)
Commissioner David Fuentes stated that last week, he and the Drainage District No. 1 Staff had the opportunity to travel to Austin, TX, to discuss their project on water reclamation. He shared how the County uses the ditch system to go through a reverse osmosis system to reutilize the water. Commissioner Fuentes also thanked the Drainage District No. 1 Staff for all their support through this process. Judge Cortez recognized Commissioner Fuentes for his leadership and initiative.
The Board proceeded to Agenda Item 6.C. (Audio Reference 17m:27s)
Assistant General Manager of the Hidalgo County Drainage District No. 1, Yvette Barrera, offered the update on pending construction and HCDD1 projects.
No action was taken on Agenda Item 5.
(Audio Reference 15m:50s)
Commissioner David Fuentes stated that last week, he and the Drainage District No. 1 Staff had the opportunity to travel to Austin, TX, to discuss their project on water reclamation. He shared how the County uses the ditch system to go through a reverse osmosis system to reutilize the water. Commissioner Fuentes also thanked the Drainage District No. 1 Staff for all their support through this process. Judge Cortez recognized Commissioner Fuentes for his leadership and initiative.
The Board proceeded to Agenda Item 6.C. (Audio Reference 17m:27s)
6.
General Operations:
A.
AI -96751
Presentation of the Hidalgo County Drainage District #1 Tax Collection Report. (Audio Reference 02m:55s)
Hidalgo County Tax Assessor-Collector, Paul Villarreal, Jr., presented the Hidalgo County Drainage District No. 1 Tax Collection Report.
No action was taken on Agenda Item 6.A.
Hidalgo County Tax Assessor-Collector, Paul Villarreal, Jr., presented the Hidalgo County Drainage District No. 1 Tax Collection Report.
No action was taken on Agenda Item 6.A.
B.
AI -96749
1. Discussion of the Hidalgo County Drainage District No. 1 Budget for the 2025 Calendar Year. (Audio Reference 05m:58s)
Chief Financial Officer, Lora Briones, presented the Hidalgo County Drainage District No. 1 Budget for the 2025 Calendar Year.
No action was taken on Agenda Item 6.B.
Commissioner David Fuentes requested to proceed back to Agenda Item 5. (Audio Reference 15m:49s)
Chief Financial Officer, Lora Briones, presented the Hidalgo County Drainage District No. 1 Budget for the 2025 Calendar Year.
No action was taken on Agenda Item 6.B.
Commissioner David Fuentes requested to proceed back to Agenda Item 5. (Audio Reference 15m:49s)
C.
AI -96657
1. Requesting authority to exercise the Sixty (60) Day Grace Period extension for Sand & Bedding Material" with Terra Firma Materials LLC., (Contract No.: C-HCDD1-22-045-09-20), under the same rates, terms and conditions for the completion of the procurement process to award of a new contract. (Audio Reference 17m:28s)
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.1.
Vote: 3 - 0 - Unanimously
2. Requesting authority to advertise and approval of the procurement packet (i.e., legal notice specifications, draft contract, etc., ) for ''Sand & Bedding Material'', RFB No. HCDD1-24-053-10-09-JS, including the re-advertisement of project if no bids are received or rejected & project is still required. (Audio Reference 17m:53s)
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.2.
Vote: 3 - 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.1.
Vote: 3 - 0 - Unanimously
2. Requesting authority to advertise and approval of the procurement packet (i.e., legal notice specifications, draft contract, etc., ) for ''Sand & Bedding Material'', RFB No. HCDD1-24-053-10-09-JS, including the re-advertisement of project if no bids are received or rejected & project is still required. (Audio Reference 17m:53s)
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.2.
Vote: 3 - 0 - Unanimously
D.
AI -96659
Requesting approval to accept bid and approval to execute a Requirements Agreement to the lowest and most responsive bidder meeting specifications and/or requirements, Royal Concrete Products LLC "HCDD1 M&O Training Facility Site Improvements Purchase of Class A 3000 PSI Concrete", with RFB No.HCDD1-24-048-09-04-JS, (subject to final legal review) (Audio Reference 18m:15s)
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., subject to final legal review.
Vote: 3 - 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.D., subject to final legal review.
Vote: 3 - 0 - Unanimously
E.
AI -96655
Requesting authority to advertise and approval of the procurement packet (i.e., legal notice, specifications, draft contract etc.) for ''RCP Storm Drain Pipes and Related Items'' - RFB No. HCDD1-24-052-10-09-JS, including the re-advertisement of project if no bids are received or rejected & project is still required. (Audio Reference 18m:46s)
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.E.
Vote: 3 - 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.E.
Vote: 3 - 0 - Unanimously
7.
2018 Bond Referendum Projects:
A.
AI -96706
Requesting approval of closing documents for Parcel 15A-9 as it relates to Project 15A of the 2018 Drainage Bond Program - J-08 Drain Project and authority for the Chairman of the Board to execute documents. (Audio Reference 19m:10s)
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.
Vote: 3 - 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 7.A.
Vote: 3 - 0 - Unanimously
Attachments:
B.
AI -96707
Requesting approval of closing documents for Parcel 8-5 as it relates to Project 8 of the 2018 Drainage Bond Program - Anaquitas Drainage Project and authority for the Chairman of the Board to execute documents. (Subject to final legal review). (Audio Reference 19m:26s)
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.B., subject to final legal review.
Vote: 3 - 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 7.B., subject to final legal review.
Vote: 3 - 0 - Unanimously
Attachments:
C.
AI -96573
Requesting approval of Supplemental Agreement No. 5 to the Professional Engineering Service Contract and to Work Authorization 1 with Izaguirre Engineering Group, LLC., for the project of ''4 Mile Rd & Minnesota Rd. -2018 Bond Referendum Project No. 4; (C-HCDD1-19-052-11-26) to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of January 31, 2025, (subject to final legal review and compliance with HB1295). (Audio Reference 19m:42s)
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 7.C., subject to final legal review and compliance with HB1295.
Vote: 3 - 0 – Unanimously
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 7.C., subject to final legal review and compliance with HB1295.
Vote: 3 - 0 – Unanimously
Attachments:
D.
AI -96574
Requesting approval of Supplemental Agreement No. 4 to the Professional Engineering Service Contract and to Work Authorization 1 with South Texas Infrastructure Group, LLC., for the project of ''Mile 11 N & FM 1015 -2018 Bond Referendum Project No. 22; (C-HCDD1-19-045-07-01) to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of January 31, 2026, (subject to final legal review and compliance with HB1295). (Audio Reference 20m:37s)
Reference Agenda Item 7.E., for action taken.
Reference Agenda Item 7.E., for action taken.
Attachments:
E.
AI -96575
Requesting approval of Supplemental Agreement No. 8 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 March 31, 2025, (Subject to final legal review and compliance with HB1295). (Audio Reference 20m:41s)
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 7.D.,and 7.E., subject to final legal review and compliance with HB1295.
Vote: 3 - 0 – Unanimously
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 7.D.,and 7.E., subject to final legal review and compliance with HB1295.
Vote: 3 - 0 – Unanimously
Attachments:
F.
AI -96712
Requesting authority to advertise and approval of the procurement packet (i.e., requirements, specifications and plans) for "Southwest Weslaco Phase III-A -
Commissioner David Fuentes abstained from any discussion and/or action regarding Agenda item 7.F.
The remaining members of the Board proceeded with a vote of approval on Agenda Item 7.F.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COUNTY JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on agenda item 7.F.
Vote: 2 - 0 – Unanimously
Commissioner David Fuentes abstained from any discussion and/or action regarding Agenda item 7.F.
The remaining members of the Board proceeded with a vote of approval on Agenda Item 7.F.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COUNTY JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on agenda item 7.F.
Vote: 2 - 0 – Unanimously
Attachments:
G.
AI -96741
South I Rd - Budget 533
Approval of Application for Payment No. 8 in the amount of $61,182.00 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-060-11-29 South I Rd. Project Engineer B2Z PO#647343. (Audio Reference 21m:23s)
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 7.G.
Vote: 3 - 0 – Unanimously
Approval of Application for Payment No. 8 in the amount of $61,182.00 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-060-11-29 South I Rd. Project Engineer B2Z PO#647343. (Audio Reference 21m:23s)
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 7.G.
Vote: 3 - 0 – Unanimously
Attachments:
8.
2023 Bond Referendum Projects:
A.
AI -96579
1. Requesting approval to accept bids and award a Construction Contract to the lowest and most responsive bidder, 3E Logistics of TX, LLC, in the total amount of $700,719.91 for the project ''Alamo Expressway Drain Phase II -2023 Bond Referendum Project 21'', RFB No. HCDD1-24-047-08-28-ESZ as recommended by Project Engineer, GDJ Engineering, LLC, (subject to Legal review and compliance with HB1295). (Audio Reference 21m:47s)
Mr. Valde Guerra stated that Commissioner Everardo "Ever" Villarreal abstained from any discussion and/or action regarding Agenda item 8.A.1., & 8.A.2.
The remaining members of the Board proceeded with a vote of approval for Agenda Items 8.A.1., & 8.A.2.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COUNTY JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on agenda item 8.A.1., subject to legal review and compliance with HB1295
Vote: 2 - 0 - Unanimously
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 22m:37s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COUNTY JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on agenda item 8.A.2.
Vote: 2 - 0 - Unanimously
Mr. Valde Guerra stated that Commissioner Everardo "Ever" Villarreal abstained from any discussion and/or action regarding Agenda item 8.A.1., & 8.A.2.
The remaining members of the Board proceeded with a vote of approval for Agenda Items 8.A.1., & 8.A.2.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COUNTY JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on agenda item 8.A.1., subject to legal review and compliance with HB1295
Vote: 2 - 0 - Unanimously
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 22m:37s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COUNTY JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on agenda item 8.A.2.
Vote: 2 - 0 - Unanimously
Attachments:
B.
AI -96742
South Main Drain Phase 2 - Budget 703
Approval of Application for Payment No. 4 in the amount of $763,502.64 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 23m:24s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COUNTY JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on agenda item 8.B.
Vote: 3 - 0 - Unanimously
Approval of Application for Payment No. 4 in the amount of $763,502.64 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 23m:24s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COUNTY JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on agenda item 8.B.
Vote: 3 - 0 - Unanimously
Attachments:
9.
Closed Session: (Audio Reference 23m:55s)
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 proceed into Closed Session.
No action was taken on Agenda Item 9 - Closed Session.
The Board proceeded to Agenda Item 11. (Audio Reference 23m:58s)
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 proceed into Closed Session.
No action was taken on Agenda Item 9 - Closed Session.
The Board proceeded to Agenda Item 11. (Audio Reference 23m:58s)
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.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 9.C.a), as it was a Closed Session item.
10.
Open Session:
The Board did not proceed into Agenda Item 10 - Open Session.
No action was taken on Agenda Item 10 - Open Session.
The Board did not proceed into Agenda Item 10 - Open Session.
No action was taken on Agenda Item 10 - Open Session.
A.
Possible Action of Real Estate Acquisition
No action was taken on Agenda Item 10.A.
No action was taken on Agenda Item 10.A.
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 23m:59s)
Judge Cortez adjourned the meeting with a vote of approval at 9:55 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: 3 - 0 - Unanimously
Judge Cortez adjourned the meeting with a vote of approval at 9:55 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: 3 - 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 September, 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 September 17, 2024.
Signed this 17th day of September, 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 17th day of September, 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 September 17, 2024.
Signed this 17th day of September, 2024
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Daniela E. Garza, Deputy