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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - JANUARY 17, 2023

BE IT REMEMBERED, that on this 17th day of January A.D., 2023, 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 DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE EVERARDO "EVER" VILLARREAL

HONORABLE ELLIE TORRES
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
JANUARY 17, 2023
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 :46s)

All members of the Board were present during the roll call, except for Commissioner Torres, and Hidalgo County Judge Cortez.

Judge Cortez was absent.

Commissioner Torres joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference 00m: 55s)

General Manager of Hidalgo County Drainage District No. 1, Raul Sesin offered the prayer.
 
3.
 
Open Forum (Audio Reference 03m:12s)

There were no participants for Open Forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 03m: 20s)

The Board Proceeded with the approval of the Drainage District - Consent Agenda

See the Drainage District - Consent Agenda for the action taken.
 
5.
 
General Operations:
 
A.
AI -89211
 Discussion and update as it relates to the Final Region 15 Regional Flood Plan submission. (Audio Reference 03m: 34s) 

Jaime Salazar, with Hidalgo County Drainage District No. 1, provided the court with an overview of the Final Region 15 Regional Flood Plan Submission. Cameron County Commissioner, David Garza, came before the court to express his appreciation for  Hidalgo County Drainage District No.1, and spoke on additional steps that will be taken to complete the Final Region 15 Regional Flood Plan submission. Anne Whitko with Halff Associates also provided the court with an in-depth overview of the plan. 

No action was taken on agenda item 5. A.
 
B.
AI -89096
Requesting approval to become agency members of the National Institute of Governmental Purchasing Inc., (NIGP) ‘’The Institute for Public Procurement’’ that will provide training courses and professional development promoting leadership for procurement practitioners and other District staff members.  (Audio Reference 17m: 11s) 

Commissioner Torres joined the meeting 

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 5. B.

Vote: 4 - 0 - Unanimously
Attachments:
 
C.
AI -89212
1.) Discussion and possible action to authorize termination of Castle Enterprises, LLC, from the Contracts listed below and authorize claim to be made to the Performance Bond for each project. 
A.) Contract No. C-HCDD1-21-050-01-11, “Drainage Area Improvements for Y Drain Ph 1, Tower Road between Rogers and Monte Cristo & Curry Drain and Valverde Rd Crossing”
B.) Contract No. C-HCDD1-21-017-06-01, “Weslaco Drain Improvements (Proposed Additional 10’x10’ Box with Gate Structure)
C.)  Contract No. C-HCDD1-20-009-07-07 “South Lateral Drain Improvements Phase I (McColl Road to San Juan Road) – 2018 Bond Referendum Project No. 34.  (Audio Reference 17m: 36s) 

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 5. C. 1., 5. C. 1. A, 5.C.1 B.  and 5. C. 1. C

Vote: 4 - 0 - Unanimously
 
D.
AI -89234
Requesting approval of Inter Local Cooperation Agreement between Hidalgo County Drainage District No.1 and Hidalgo & Cameron Counties Irrigation District No.9 as it relates to Bond Project 10A Irrigation Line relocation and SH 107 Railroad crossing. Subject to final legal review. (Audio Reference 20m: 13s) 

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 5. D.
            
Vote: 4 - 0 – Unanimously
Attachments:
 
E.
AI -89174
Acceptance and approval of Work Authorization No. 14 in the amount of $36,072.24 as submitted by B2Z Engineering, LLC, through Contract No. C-HCDD1-21-026-06-01 to provide Construction Management and Inspection Services for, "South I Rd IBWC Structure 82L -2018 Bond Referendum Project No. 33." (Audio Reference 20m: 40s)

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 5. E. 

Vote: 4 - 0 - Unanimously
 
F.
AI -89207
Requesting authority to advertise and approval of procurement packet (i.e., legal notice, specifications, bid page, etc.) as attached hereto for the purchase of seven (7) Vertical Axial/Mixed-Flow Pump for various projects. 
RFB No. HCDD1-23-002-02-08-ESZ including the re-advertisement in the event bids are rejected, or no bids are received & project is still required. (Audio Reference 21m: 00s)

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 5. F.

Vote: 4 - 0 – Unanimously
 
G.
AI -89136
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code, Chapter262.024 (a)(7)(A)-"items for which competition is precluded because of existence of patents, copyrights, secret process or monopolies" in connection with Virtual Project Manager, LLC. (Audio Reference 21m: 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 item 5. G. 1.

Vote: 4 - 0 - Unanimously

2. Approval of "Sole Source Declaration" for Virtual Project Manager, LLC., and execution of the Service Agreement for the purchase of web-based management system and related services with the one time implementation fee of $5,000 and $15,000 service fee annually thereafter for as long as HCDD1 possess the software with Sole Source declaration to remain in effect unless otherwise revoked by the HCDD1 Board of Directors. (Subject to final legal review) (Audio Reference 21m: 41s)

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 5. G. 2.

Vote: 4 - 0 - Unanimously
 
H.
AI -89126
Requesting approval to reject sole bid received for RFB No. HCDD1-22-031-06-22-ESZ, for "Purchase of One (1) Vertical Axial/Mixed-Flow Pump for Highway 281 & FM 88-2018 Bond Referendum Project No. 14", as to change requirements and quantities.  (Audio Reference 23m: 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 5. G. 2.

Vote: 4 - 0 - Unanimously
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -89087
1. Requesting approval to accept CSP response and award a negotiated Construction Contract to the highest ranked Contractor meeting all specified requirements, RBM Contractors, LLC, for CSP No. HCDD1-22-051-11-30-RFV, "East Mercedes – 2018 Bond Project No 10B," in the amount of $1,263,730.31, as approved for negotiations by the Board of Directors - Agenda Item No. 88802 on 12/13/22. (Subject to Legal review and Compliance with HB1295). (Audio Reference 23m: 28s)

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 6. A. 1.

Vote: 4 - 0 – Unanimously

2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve and increase or    decrease in cost of $50,000 or LESS and in no event to exceed the Change Order's statutory limits.  The original contract price may not be decreased by 18% or more without consent of the contractor.  (Audio Reference 24m:13s)

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.  A. 2.

Vote: 4 - 0 – Unanimously
 
B.
AI -89159
1.  Requesting approval of Supplemental Agreement No. 4 to the Professional Engineering Services Contract (C-HCDD1-19-040-05-21), with TEDSI Infrastructure Group, Inc., for the project: "J-08 Drain -2018 Bond Referendum Project #15-A", to reflect a revised period of services to end on May 30, 2024. (subject to Legal review and compliance with HB1295).
2.  Requesting approval of Supplemental Agreement No. 3 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-040-05-21), with TEDSI Infrastructure Group, Inc., for the project: "J-08 Drain -2018 Bond Referendum Project #15-A", to reflect a revised period of service to end on May 30, 2024. (subject Legal review and compliance with HB1295).
3. Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 2 of the Professional Engineering Services Contract (C-HCDD1-19-040-05-21), with TEDSI Infrastructure Group, Inc., for the project, "J-08 Drain-2018 Referendum Project #15-A," to reflect a revised period of service to end on May 30, 2024. (subject Legal review and compliance with HB1295). (Audio Reference 24m:39s)

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. B. 1., 6. B. 2. and 6. B. 3.

Vote: 4 - 0 – Unanimously
 
C.
AI -89161
1. Requesting approval of closing documents for Parcel 13-3 as it relates to Project 13 of the 2018 Drainage Bond Program - Hidalgo Drain and authority for the Chairman of the Board to execute documents.
2. Requesting approval of closing documents for Parcel 13-13 as it relates to Project 13 of the 2018 Drainage Bond Program - Hidalgo Drain and authority for the Chairman of the Board to execute documents.
3. Requesting approval of closing documents for Parcel 13-14 as it relates to Project 13 of the 2018 Drainage Bond Program - Hidalgo Drain and authority for the Chairman of the Board to execute documents. (Audio Reference 25m: 44s)

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. C. 1., 6. C. 2. and 6. C. 3.

Vote: 4 - 0 – Unanimously
Attachments:
 
D.
AI -89152
Requesting approval of Change Order No. 3 with Mor-Wil, LLC (C-HCDD1-21-040-10-05) to reflect an increase amount of $103,894.56 with an additional twenty (20) Days for the project of, "Anaquitas Drain Structure (proposed additional (2) 10’x8’ Boxes with Gate Structures – 2018 Bond Referendum Project No. 8 and as recommended by Project Engineer, B2Z Engineering. (subject to HB 1295 compliance) (Audio Reference 26m: 22s)

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. D.
            
Vote: 4 - 0 – Unanimously
Attachments:
 
E.
AI -89202
Requesting approval of Change Order No. 8 with Saenz Brothers Construction (C-HCDD1-21-027-07-27) to reflect a decreased amount of ($92,158.57) with an additional thirty (30) Days for the project of, "Mission Lateral Phase III - 2018 Bond Referendum Project No. 26 and as recommended by Project Engineer, L & G Engineering. (subject to HB 1295 compliance) (Audio Reference 27m: 02s)

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. E.

Vote: 4 - 0 – Unanimously
Attachments:
 
F.
AI -89224
South I Road Drain (East Side) - Budget 533 
1. Approval of Application for Payment No. 3 in the amount of $35,540.14 from RBM Contractors pertaining to Construction Contract C-HCDD1-22-029A-08-09. Project Engineer: B2Z Engineering PO#646597
2. Approval of Application for Payment No. 4 in the amount of $52,419.42 from RBM Contractors pertaining to Construction Contract C-HCDD1-22-029A-08-09. Project Engineer: B2Z Engineering PO#646597 (Audio Reference 27m: 23s)

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 6. F. 1. and 6. F. 2.

Vote: 4 - 0 - Unanimously
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -89223
Alamo Expressway Drain - Budget 320
Approval of Application for Payment No. 9 in the amount of $38,652.12 from Clore Equipment, LLC pertaining to Construction Contract No. C-HCDD1-22-001-03-08 Alamo Expressway Drain. Project Engineer: HCDD1 Omar Anzaldua, Jr. P.E. PO#645596 (Audio Reference 27m: 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 7. A.

Vote: 4 - 0 – Unanimously
Attachments:
 
8.
 
Human Resources:
 
A.
AI -89242
Discussion and update as it relates to Hidalgo County Drainage District No. 1's UKG payroll services. (Audio Reference 28m: 17s)

No action was taken on agenda item 8. A. 
 
B.
AI -89239
1.  Discussion and approval of all personnel actions approved after the Budget Adoption Date of September 27, 2022.
2.  Regrading of Administration Slot # 12 to Grade 20 Step 2.
3. Approval of revised Salary Schedule. (Audio Reference 28m: 22s)

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 8. B. 1., 8. B. 2. and 8. B. 3.

Vote: 4 - 0 – Unanimously
 
9.
 
Right of Way Acquisitions:
 
A.
AI -89033
1. Requesting approval of closing documents for Parcel Y-E8 as it relates to the Y Drain Project and authority for the Chairman of the Board to execute documents.
2. Requesting approval of closing documents for Parcel Y-E9 as it relates to the Y Drain Project and authority for the Chairman of the Board to execute documents. (Audio Reference 29m: 14s)

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 9. A. 1. and 9. A. 2.

Vote: 4 - 0 – Unanimously
Attachments:
 
10.
 
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: (Audio Reference 28m: 22s)

The Board Proceeded into closed session with a vote of approval at 10: 02 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: 4 - 0 – Unanimously
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference agenda item 11. A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

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, as it was a closed session item.
 
11.
 
Open Session: (Audio Reference 30m: 23s)

The Board returned from closed session at 10:17 A.M., and proceeded to agenda item 11. A.

Commissioner Cantu did not return from closed session.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 30m: 33s)

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.
 
12.
 
Adjourn (Audio Reference 30m: 40s)

Commissioner Fuentes adjourned the meeting with a vote of approval at 10:17 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 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 January, 2023

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Karina Esparza, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on January 17, 2023.

Signed this 18th day of January 2023




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


By: ____________________________
(Seal) Karina Esparza, Deputy