SPECIAL MEETING - DECEMBER 17, 2024
BE IT REMEMBERED, that on this 17th day of December 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 |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 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 DECEMBER 17, 2024 1:30 P.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 1:30 P.M.
All members of the Board were present during the roll call, except Commissioner Eduardo "Eddie" Cantu and Commissioner Ellie Torres.
Commissioner Cantu joined the meeting at a later time. Commissioner Ellie Torres was absent from this meeting.
Judge Richard F. Cortez called the meeting to order at 1:30 P.M.
All members of the Board were present during the roll call, except Commissioner Eduardo "Eddie" Cantu and Commissioner Ellie Torres.
Commissioner Cantu joined the meeting at a later time. Commissioner Ellie Torres was absent from this meeting.
2.
Prayer (Audio Reference 00m:23s)
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:46s)
There were no public participants for Open Forum.
There were no public participants for Open Forum.
4.
Approval of Consent Agenda (Audio Reference 02m:50s)
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 04m:08s)
General Manager of the Hidalgo County Drainage District No. 1, Raul Sesin, provided an update on pending construction and HCDD1 projects.
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.
No action was taken on Agenda Item 5.
6.
General Operations:
A.
AI -97798
Requesting approval of a budget amendment in the amount of $3,103,900 in Fund 124 Texas Water Development Board grant for region 15 Flood Planning Group Grant Cycle two and carry over for Cycle one. (Audio Reference 05m:22s)
Mr. Valde Guerra clarified that Agenda Item 6.A. has a two part action.
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
Approval of budget amendment carry-over from prior years for fund 123 TCEQ Raymondville Drain Restore Act Grant funds in the amount of $1,727,757, and for Fund 126 TDEM North Main Drain Expansion grant in the amount of $3,054,497. (Audio Reference 05m:51s)
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 6.A.2.
Vote: 4 - 0 - Unanimously
Mr. Valde Guerra clarified that Agenda Item 6.A. has a two part action.
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
Approval of budget amendment carry-over from prior years for fund 123 TCEQ Raymondville Drain Restore Act Grant funds in the amount of $1,727,757, and for Fund 126 TDEM North Main Drain Expansion grant in the amount of $3,054,497. (Audio Reference 05m:51s)
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 6.A.2.
Vote: 4 - 0 - Unanimously
Attachments:
B.
AI -97812
Discussion and Approval by Hidalgo County Drainage District No. 1 of resolution recognizing the necessity of acquiring easements or rights of way or fee title in connection with the construction of the J-01 improvement project in Hidalgo County, Texas and authorizing the acquisition of said easements or rights of way or fee title described in the resolution and exhibits thereto by condemnation(eminent domain)or otherwise. Single vote shall apply to all units of property described in said resolution. (Audio Reference 06m:13s)
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 6.B.
Vote: 4 - 0 - Unanimously
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 6.B.
Vote: 4 - 0 - Unanimously
Attachments:
C.
AI -97784
365 Toll Off Site - Budget 201
1. Approval of Application for Payment No. 4 in the amount of $27,474.81 from RBM Contractors pertaining to Construction Contract C-HCDD1-23-042B-0416. Project Engineer L&G Engineering PO#649235
HCDD 1 Complex M&O Training Facility - Budget 202
2. Approval of Application for Payment No. 6 in the amount of $197,359.65 from NM Contracting pertaining to Construction Contract C-HCDD1-23-076-03-05. Project Engineer HCDD1 Omar Anzaldua, Jr., PE, CFM PO#649184 (Audio Reference 06m:43s)
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.C.1&2.
Vote: 4 - 0 - Unanimously
1. Approval of Application for Payment No. 4 in the amount of $27,474.81 from RBM Contractors pertaining to Construction Contract C-HCDD1-23-042B-0416. Project Engineer L&G Engineering PO#649235
HCDD 1 Complex M&O Training Facility - Budget 202
2. Approval of Application for Payment No. 6 in the amount of $197,359.65 from NM Contracting pertaining to Construction Contract C-HCDD1-23-076-03-05. Project Engineer HCDD1 Omar Anzaldua, Jr., PE, CFM PO#649184 (Audio Reference 06m:43s)
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.C.1&2.
Vote: 4 - 0 - Unanimously
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -97785
Curry Drain - Budget 365
Approval of Application for Payment No. 1 in the amount of $46,126.10 from Anahuac Infrastructure pertaining to Construction Contract C-HCDD1-24-046-09-24. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM PO#649990 (Audio Reference 07m:17s)
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: 4 - 0 - Unanimously
Approval of Application for Payment No. 1 in the amount of $46,126.10 from Anahuac Infrastructure pertaining to Construction Contract C-HCDD1-24-046-09-24. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM PO#649990 (Audio Reference 07m:17s)
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: 4 - 0 - Unanimously
Attachments:
8.
2018 Bond Referendum Projects:
A.
AI -97814
Requesting acceptance and approval of donation Deed from RGV Developers LCC., as it relates to the 2018 Bond Project 35 - South West Weslaco Parcel 35-1. (Audio Reference 07m:36s)
Mr. Valde Guerra stated that Commissioner David Fuentes abstained from any discussion and/or action regarding Agenda Item 8.A.
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 8.A.
Vote: 3 - 0 - Unanimously
Mr. Valde Guerra stated that Commissioner David Fuentes abstained from any discussion and/or action regarding Agenda Item 8.A.
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 8.A.
Vote: 3 - 0 - Unanimously
Attachments:
B.
AI -97786
M10 N & Baseline - Budget 520
1. Approval of Application for Payment No. 14 in the amount of $44,720.78 from RBM Contractors pertaining to Construction Contract C-HCDD1-23-014-04-26. Project Engineer Quintanilla Headley PO#648064
Glasscock Rd (Mile 4 to Mile 5) - Budget 543
2. Approval of Application for Payment No. 7 in the amount of $221,305.50 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-23-051-09-27. Project Engineer J&R Engineering PO#648791
3. Approval of Application for Payment No. 8 in the amount of $143,765.10 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-23-051-09-27. Project Engineer J&R Engineering PO#648791
4. Approval and acceptance of Certificate of Substantial Completion and Certificate of Construction Completion from Saenz Brothers pertaining to Construction Contract C-HCDD1-23-051-09-27. Project Engineer J&R Engineering PO#648791
5. Approval of Application for Payment Retainage in the amount of $249,118.00 and 1,000.97 in interest from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-23-051-09-27. Project Engineer J&R Engineering PO#648791 (Audio Reference 08m:03s)
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 8.B.1-5.
Vote: 4 - 0 - Unanimously
1. Approval of Application for Payment No. 14 in the amount of $44,720.78 from RBM Contractors pertaining to Construction Contract C-HCDD1-23-014-04-26. Project Engineer Quintanilla Headley PO#648064
Glasscock Rd (Mile 4 to Mile 5) - Budget 543
2. Approval of Application for Payment No. 7 in the amount of $221,305.50 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-23-051-09-27. Project Engineer J&R Engineering PO#648791
3. Approval of Application for Payment No. 8 in the amount of $143,765.10 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-23-051-09-27. Project Engineer J&R Engineering PO#648791
4. Approval and acceptance of Certificate of Substantial Completion and Certificate of Construction Completion from Saenz Brothers pertaining to Construction Contract C-HCDD1-23-051-09-27. Project Engineer J&R Engineering PO#648791
5. Approval of Application for Payment Retainage in the amount of $249,118.00 and 1,000.97 in interest from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-23-051-09-27. Project Engineer J&R Engineering PO#648791 (Audio Reference 08m:03s)
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 8.B.1-5.
Vote: 4 - 0 - Unanimously
Attachments:
9.
2023 Bond Referendum Projects:
A.
AI -97794
1. Requesting approval to accept bids and award a Construction Contract to the lowest and most responsive bidder, E-Con Group, LLC, in the total amount of $2,842,929.84 for the project ''West Main Drain III Phase 1 -2023 Bond Referendum Project 14'', RFB No. HCDD1-24-061-11-27-ESZ as recommended by Project Engineer, L&G Consulting Engineers, Inc., (subject to final legal review and compliance with HB1295). (Audio Reference 09m:25s)
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 9.A.1., (subject to final legal review and compliance with HB1295).
Vote: 4 - 0 - Unanimously
2. Pursuant to the Texas Water Code 49.273(i), requesting authority for the 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 10m:03s)
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 9.A.2.
Vote: 4 - 0 - Unanimously
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 9.A.1., (subject to final legal review and compliance with HB1295).
Vote: 4 - 0 - Unanimously
2. Pursuant to the Texas Water Code 49.273(i), requesting authority for the 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 10m:03s)
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 9.A.2.
Vote: 4 - 0 - Unanimously
Attachments:
B.
AI -97787
South Main Drain Phase 1 - Budget 703
1. Approval of Application for Payment No. 8 in the amount of $273,510.90 from RG Enterprises, LLC pertaining to Construction Contract C-HCDD1-23-053-10-31. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM PO#648721
South Main Drain Phase 2 - Budget 703
2. Approval of Application for Payment No. 7 in the amount of $627,196.91 from E-Con Group pertaining to Construction Contract C-HCDD1-24-007-03-19. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM PO#649085
West Main Drain - Budget 714
3. Approval of Application for Payment No. 3 in the amount of $105,750.00 from Blue Dot Site pertaining to Construction Contract C-HCDD1-24-026-06-11. Project Engineer Izaguirre Engineering PO#649592 (Audio Reference 10m:23s)
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 9.B.1-3.
Vote: 4 - 0 - Unanimously
1. Approval of Application for Payment No. 8 in the amount of $273,510.90 from RG Enterprises, LLC pertaining to Construction Contract C-HCDD1-23-053-10-31. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM PO#648721
South Main Drain Phase 2 - Budget 703
2. Approval of Application for Payment No. 7 in the amount of $627,196.91 from E-Con Group pertaining to Construction Contract C-HCDD1-24-007-03-19. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM PO#649085
West Main Drain - Budget 714
3. Approval of Application for Payment No. 3 in the amount of $105,750.00 from Blue Dot Site pertaining to Construction Contract C-HCDD1-24-026-06-11. Project Engineer Izaguirre Engineering PO#649592 (Audio Reference 10m:23s)
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 9.B.1-3.
Vote: 4 - 0 - Unanimously
Attachments:
10.
General Fund:
A.
AI -97757
Requesting approval to reject the sole bid received for "Concrete Mix and Related Products", through RFB No HCDD1-24-054-11-20-AG, to attempt to encourage more vendor participation with the re-advertisement of the project. (Audio Reference 11m: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 item 10.A.
Vote: 4 - 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 10.A.
Vote: 4 - 0 - Unanimously
B.
AI -97807
General Fund - Budget 003
1. Requesting approval to enter into a 12-month Premium Support Agreement with Fifth Asset, Inc. d/b/a Debt Book in the amount of $1,250.00 for accounting and reporting of leases to comply with GASB Statements 87 & 96.
2. Approval to designate the District's General Manager or designee to sign documents. (Audio Reference 11m: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 items 10.B.1&2.
Vote: 4 - 0 - Unanimously
1. Requesting approval to enter into a 12-month Premium Support Agreement with Fifth Asset, Inc. d/b/a Debt Book in the amount of $1,250.00 for accounting and reporting of leases to comply with GASB Statements 87 & 96.
2. Approval to designate the District's General Manager or designee to sign documents. (Audio Reference 11m: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 items 10.B.1&2.
Vote: 4 - 0 - Unanimously
Attachments:
11.
Human Resources:
12.
Closed Session:
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.
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.
A.
Real Property (Tex. Gov't. Code 551.072)
B.
Personnel Matters (Tex. Gov't. Code 551.074)
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 Items 12.A-C., 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 Items 12.A-C., as it was a Closed Session item.
13.
Open Session:
The Board did not proceed into Open Session.
The Board did not proceed into Open Session.
A.
Possible Action of Real Estate Acquisition
No action was taken on Agenda Item 13.A.
No action was taken on Agenda Item 13.A.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on Agenda Item 13.B.
No action was taken on Agenda Item 13.B.
14.
Adjourn (Audio Reference 13m:02s)
Judge Cortez adjourned the meeting with a vote of approval at 1:44 P.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote to adjourn the meeting.
Vote: 4 - 0 - Unanimously
Judge Cortez adjourned the meeting with a vote of approval at 1:44 P.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote 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 17th day of December, 2024
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Daniela E. Zedillo-Hinojosa, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on December 17, 2024.
Signed this 26th day of December 2024
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Daniela E. Zedillo-Hinojosa, Deputy
Court, the meetings of the Commissioners Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 17th day of December, 2024
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Daniela E. Zedillo-Hinojosa, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on December 17, 2024.
Signed this 26th day of December 2024
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Daniela E. Zedillo-Hinojosa, Deputy