SPECIAL MEETING - OCTOBER 1, 2024
BE IT REMEMBERED, that on this 1st day of October 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 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 1, 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:07s)
Judge Richard F. Cortez called the meeting to order at 9:32 A.M.
All members of the Board were present during the roll call, except Commissioner David Fuentes.
Commissioner David Fuentes joined the meeting at a later time.
Judge Richard F. Cortez called the meeting to order at 9:32 A.M.
All members of the Board were present during the roll call, except Commissioner David Fuentes.
Commissioner David Fuentes joined the meeting at a later time.
2.
Prayer (Audio Reference 00m:22s)
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 02m:28s)
There were no public participants for Open Forum.
There were no public participants for Open Forum.
4.
Approval of Consent Agenda (Audio Reference 02m:33s)
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:52s)
Commissioner David Fuentes joined the meeting at this time.
General Manager of the Hidalgo County Drainage District No. 1, Raul Sesin presented an update regarding pending construction and HCDD1 projects. Mr. Sesin stated that HCDD1 was notified that it had received a grant for the Bentsen Palm Drive Stormwater Management Project for $1.7 million, out of which $1.5 million is from FEMA and the local amount is $4.27 million.
No action was taken on Agenda Item 5.
Commissioner David Fuentes joined the meeting at this time.
General Manager of the Hidalgo County Drainage District No. 1, Raul Sesin presented an update regarding pending construction and HCDD1 projects. Mr. Sesin stated that HCDD1 was notified that it had received a grant for the Bentsen Palm Drive Stormwater Management Project for $1.7 million, out of which $1.5 million is from FEMA and the local amount is $4.27 million.
No action was taken on Agenda Item 5.
6.
General Operations:
A.
AI -96893
1.) Requesting approval to purchase (1) 2023 Caterpillar 310-07 Excavator through the Hidalgo County Drainage District No. 1 membership/participation with PCA Cooperative, Contract No. OD-328-20 from Big D Tractor LLC (Blue Cat Rentals & Frontera Equipment) in the total amount of $96,750.02. (Audio Reference 06m:20s)
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.1.
Vote: 5 - 0 -Unanimously
1a.) Requesting approval to trade in the following District owned Bulldozers:
(1) 2008 CAT D6T Bulldozer Asset No. 1625
(1) 2008 CAT D6T Bulldozer Asset No. 1636
1b.) Pursuant to the Boards approval of Trade in, requesting approval to remove the following from the Districts Asset list once transaction is complete:
(1) 2008 CAT D6T Bulldozer Asset No. 1625
(1) 2008 CAT D6T Bulldozer Asset No. 1636
(Audio Reference 06m:45s)
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 6.A.1.a., and 6.A.1.b.
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI -96900
365 Toll Off Site Outfall 2- 4 - Budget 201
Approval of Application for Payment No. 1 in the amount of $20,681.87 from RBM Contractors pertaining to construction contract HCDD1-23-042B-04-16 365 Toll Offsite. Project Engineer L&G Engineering PO#649235. (Audio Reference 07m:21s)
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.B.
Vote: 5 - 0 - Unanimously
Approval of Application for Payment No. 1 in the amount of $20,681.87 from RBM Contractors pertaining to construction contract HCDD1-23-042B-04-16 365 Toll Offsite. Project Engineer L&G Engineering PO#649235. (Audio Reference 07m:21s)
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.B.
Vote: 5 - 0 - Unanimously
Attachments:
7.
2018 Bond Referendum Projects:
A.
AI -96901
M10 N & Baseline - Budget 520
1. Approval of Application for Payment No. 12 in the amount of $44,461.71 from RBM Contractors pertaining to construction contract HCDD1-23-014-04-26KMG Mile 10 N & Baseline. Project Engineer Quintanilla Headley PO#648064
Glasscock Rd (Mile 4 to Mile 5) - Budget 543
2. Approval of Application for Payment No. 6 in the amount of $223,816.20 from Saenz Brothers Construction pertaining to construction contract HCDD1-23-051-09-27ESZ. Project Engineer J&R Engineering PO#648791
(Audio Reference 07m:41s)
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.1., and 7.A.2.
Vote: 5 - 0 – Unanimously
1. Approval of Application for Payment No. 12 in the amount of $44,461.71 from RBM Contractors pertaining to construction contract HCDD1-23-014-04-26KMG Mile 10 N & Baseline. Project Engineer Quintanilla Headley PO#648064
Glasscock Rd (Mile 4 to Mile 5) - Budget 543
2. Approval of Application for Payment No. 6 in the amount of $223,816.20 from Saenz Brothers Construction pertaining to construction contract HCDD1-23-051-09-27ESZ. Project Engineer J&R Engineering PO#648791
(Audio Reference 07m:41s)
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.1., and 7.A.2.
Vote: 5 - 0 – Unanimously
8.
2023 Bond Referendum Projects:
A.
AI -96906
1. Requesting approval of the final negotiated Professional Engineering Services Agreement with South Texas Infrastructure, Group, LLC in connection with the “PD Lateral Drain Extension 3 – 2023 Bond Referendum Project No. 15”, Contract No. C-HCDD1-24-049-10-01 as approved for negotiations on 04/20/2024, AI 96314 (subject to final legal review).
2. Acceptance and approval of Work Authorization No. 1 in the amount of $90,287.32, as submitted by South Texas Infrastructure, Group, LLC through Contract No. C-HCDD1-24-049-10-01 to provide Professional Engineering Services for “PD Lateral Drain Extension 3 – 2023 Bond Referendum Project No. 15" (subject to final legal review). (Audio Reference 08m: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 items 8.A.1., and 8.A.2., subject to final legal review.
Vote: 5 - 0 - Unanimously
2. Acceptance and approval of Work Authorization No. 1 in the amount of $90,287.32, as submitted by South Texas Infrastructure, Group, LLC through Contract No. C-HCDD1-24-049-10-01 to provide Professional Engineering Services for “PD Lateral Drain Extension 3 – 2023 Bond Referendum Project No. 15" (subject to final legal review). (Audio Reference 08m: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 items 8.A.1., and 8.A.2., subject to final legal review.
Vote: 5 - 0 - Unanimously
B.
AI -96834
Requesting authority to advertise and approval of the procurement packet (i.e., requirements, specifications and plans) for "Alternate Rado Drain -2023 Bond Referendum Project 11," RFB No. HCDD1-24-060-11-20-ESZ, including the re-advertisement of project if no bids are received or rejected & project is still required. (Audio Reference 09m:17s)
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 8.B.
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 8.B.
Vote: 5 - 0 – Unanimously
C.
AI -96836
Requesting authority to advertise and approval of the procurement packet (i.e., requirements, specifications and plans) for "West Main Drain III Phase 1-2023 Bond Referendum Project 14," RFB No. HCDD1-24-061-11-27-ESZ, including the re-advertisement of project if no bids are received or rejected & project is still required. (Audio Reference 09m:37s)
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 8.C.
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 8.C.
Vote: 5 - 0 – Unanimously
D.
AI -96902
Pharr McAllen Lateral East - Budget 709
Approval of Application for Payment No. 1 in the amount of $179,578.80 from Synergy Development & Construction pertaining to construction contract HCDD1-24-029-06-11 Pharr Mcallen Lateral. Project Engineer GDJ Engineering PO#649635. (Audio Reference 10m:01s)
Mr. Valde Guerra stated that Commissioner Everardo "Ever" Villarreal abstained from any discussion and/or action regarding Agenda Item 8.D.
The remaining members of the Board proceeded with a vote of approval Agenda Item 8.D.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 8.D.
Vote: 4 - 0 – Unanimously
Approval of Application for Payment No. 1 in the amount of $179,578.80 from Synergy Development & Construction pertaining to construction contract HCDD1-24-029-06-11 Pharr Mcallen Lateral. Project Engineer GDJ Engineering PO#649635. (Audio Reference 10m:01s)
Mr. Valde Guerra stated that Commissioner Everardo "Ever" Villarreal abstained from any discussion and/or action regarding Agenda Item 8.D.
The remaining members of the Board proceeded with a vote of approval Agenda Item 8.D.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 8.D.
Vote: 4 - 0 – Unanimously
Attachments:
9.
Closed Session: (Audio Reference 10m:35s)
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 9:43 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:
The Board proceeded into Closed Session with a vote of approval at 9:43 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 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: (Audio Reference 11m:17s)
The Board returned from Closed Session at approximately 10:01 A.M.
The Board proceeded to agenda item 10.A. (Audio Reference 11m:30s)
The Board returned from Closed Session at approximately 10:01 A.M.
The Board proceeded to agenda item 10.A. (Audio Reference 11m:30s)
A.
Possible Action of Real Estate Acquisition (Audio Reference 11m:31s)
Legal Counsel, Ivan Perez, recommended a motion to authorize Mr. Raul Sesin to proceed as discussed during Closed Session.
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 10.A.
Vote: 5 - 0 – Unanimously
Legal Counsel, Ivan Perez, recommended a motion to authorize Mr. Raul Sesin to proceed as discussed during Closed Session.
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 10.A.
Vote: 5 - 0 – Unanimously
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 11m:45s)
Judge Cortez adjourned the meeting with a vote of approval at 10:01 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
Judge Cortez adjourned the meeting with a vote of approval at 10:01 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 1st day of October, 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 October 1, 2024.
Signed this 1st day of October, 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 1st day of October, 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 October 1, 2024.
Signed this 1st day of October, 2024
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Daniela E. Garza, Deputy