SPECIAL MEETING - JUNE 13, 2023
BE IT REMEMBERED, that on this 13th day of June 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 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 JUNE 13, 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 :25s)
Judge Cortez called the meeting to order at 9:31 A.M.
All members of the Board were present during the roll call, except Commissioner Cantu.
Commissioner Cantu joined the meeting at a later time.
Judge Cortez called the meeting to order at 9:31 A.M.
All members of the Board were present during the roll call, except Commissioner Cantu.
Commissioner Cantu joined the meeting at a later time.
2.
Prayer (Audio Reference :43s)
General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
3.
Open Forum (Audio Reference 02m:47s)
Participant Lupe Chavez came before the Board to express his concern regarding drainage issue throughout the county.
No action was taken on agenda item 3.
Participant Lupe Chavez came before the Board to express his concern regarding drainage issue throughout the county.
No action was taken on agenda item 3.
4.
Approval of Consent Agenda (Audio Reference 07m:17s)
The Board proceeded with the approval of the Drainage District - Consent Agenda.
See the Drainage District - Consent Agenda for the action taken.
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 -91231
Requesting approval to declare surplus for approximately 500,000 Cubic Yards of Fill Dirt for ‘’Mission Inlet Drainage Improvements Project (Section C & F -Balboa Estates Area Drainage Improvements)'', in as much as an attempt was made for the sale and removal through RFB No. HCDD1-23-029-06-07-ESZ and as advertised for (2) two consecutive weeks, and No Bids were received. (Audio Reference 07m:33s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 5.A.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 5.A.
Vote: 4 - 0 - Unanimously
Attachments:
6.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -91242
Alamo Expressway Drain Expansion - Budget 320
1 Approval of Application for Payment No. 13 in the amount of $79,608.97 with interest on retainage in the amount of $693.27 from Clore Equipment, LLC pertaining to Construction Contract C-HCDD1-22-001-03-08 Alamo Expressway Drain Expansion. Project Engineer HCDD1 PO645596
2. Approval and acceptance of Certificate of Substantial Completion and Certificate of Construction Completion from Clore Equipment, LLC pertaining to Construction Contract C-HCDD1-22-001-03-08 Alamo Expressway Drain Expansion. Project Engineer HCDD1 PO645596 (Audio Reference 07m:58s)
Commissioner Cantu joined the meeting.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda items 6.A.1 and 6.A.2.
Vote: 5 - 0 -Unanimously
1 Approval of Application for Payment No. 13 in the amount of $79,608.97 with interest on retainage in the amount of $693.27 from Clore Equipment, LLC pertaining to Construction Contract C-HCDD1-22-001-03-08 Alamo Expressway Drain Expansion. Project Engineer HCDD1 PO645596
2. Approval and acceptance of Certificate of Substantial Completion and Certificate of Construction Completion from Clore Equipment, LLC pertaining to Construction Contract C-HCDD1-22-001-03-08 Alamo Expressway Drain Expansion. Project Engineer HCDD1 PO645596 (Audio Reference 07m:58s)
Commissioner Cantu joined the meeting.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda items 6.A.1 and 6.A.2.
Vote: 5 - 0 -Unanimously
7.
2018 Bond Referendum Projects:
A.
AI -91125
1. Requesting approval to award construction contract C-HCDD1-23-014-06-13 to the lowest responsive and responsible bidder, RBM Contractors, LLC. in the amount of $1,490,579.73 for the "Mile 10N & Baseline Road Phase II - USIBWC Structure 139 - 2018 Bond Project 20", as recommended by project engineer, Quintanilla, Headley & Associates, Inc. (subject to final legal review and compliance with HB1295). (Audio Reference 08m:38s)
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 7.A.1, subject to final legal review and compliance with HB1295.
Vote: 5 - 0 - Unanimously
2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve an increase or decrease in cost of $50,000.00 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 the consent of the contractor. (Audio Reference 09m:25s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 7.A.2
Vote: 5 - 0 - Unanimously
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 7.A.1, subject to final legal review and compliance with HB1295.
Vote: 5 - 0 - Unanimously
2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve an increase or decrease in cost of $50,000.00 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 the consent of the contractor. (Audio Reference 09m:25s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 7.A.2
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI -91179
Requesting approval of closing documents for Parcel 21-5 as it relates to Project 21 of the 2018 Drainage Bond Program - Mile 10 N & Mile 1 W Project and authority for the Chairman of the Board to execute documents (Audio Reference 09m:48s)
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 7.B.
Vote: 5 - 0 -Unanimously
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 7.B.
Vote: 5 - 0 -Unanimously
Attachments:
C.
AI -91182
1. Requesting approval of closing documents for Parcel 10B-2 as it relates to Project 10B of the 2018 Drainage Bond Program - East Mercedes Project and authority for the Chairman of the Board to execute documents.
2. Approval of payment and issuance of a manual check to Jones, Galligan, Key & Lozano, L.L.P. for $302,632.13 upon closing of execution of closing documents. (Audio Reference 10m:06s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda items 7.C.1 and 7.C.2.
Vote: 5 - 0 -Unanimously
2. Approval of payment and issuance of a manual check to Jones, Galligan, Key & Lozano, L.L.P. for $302,632.13 upon closing of execution of closing documents. (Audio Reference 10m:06s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda items 7.C.1 and 7.C.2.
Vote: 5 - 0 -Unanimously
Attachments:
D.
AI -91234
J-08 Drain - Budget 515
1. Approval of Application for Payment No. 5 in the amount of $112,400.17 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-22-024-07-26 J-08 Drain. Project Engineer: Quintanilla Headley & Associates PO#646299
Mid-Valley Airport - Budget 519
2. Approval of Application for Payment No. 2 in the amount of $201,238.89 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-22-020-05-31 Mid-Valley Airport IBWC Ditch. Project Engineer: HCDD1 PO#646596
Mile 9 N. & FM 1015 - Budget 524
3. Approval of Application for Payment No. 3 in the amount of $28,751.76 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-21-054-12-08 Mile 9 N. & FM 1015. Project Engineer: Halff & Associates PO#645350
South I Rd Detention (West Side) - Budget 533
4. Approval of Application for Payment No. 7 and interest in the amount of $42,093.97 from IOC Company pertaining to Construction Contract No. C-HCDD1-22-028-07-12 South I Rd Detention (West Side). Project Engineer B2Z PO#646281
5. Approval and acceptance of Certificate of Construction Completion from IOC Company pertaining to Construction Contract No. C-HCDD1-22-028-07-12 South I Rd Detention (West Side). Project Engineer B2Z PO#646281
South Lateral Drain - Budget 534
6. Approval of Application for Payment No. 2 in the amount of $69,408.00 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-22-033-07-12 South Lateral Drain. Project Engineer: HCDD1 PO#646381 (Audio Reference 10m:35s)
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 7.D.1 through 7.D.6.
Vote: 5 - 0 – Unanimously
1. Approval of Application for Payment No. 5 in the amount of $112,400.17 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-22-024-07-26 J-08 Drain. Project Engineer: Quintanilla Headley & Associates PO#646299
Mid-Valley Airport - Budget 519
2. Approval of Application for Payment No. 2 in the amount of $201,238.89 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-22-020-05-31 Mid-Valley Airport IBWC Ditch. Project Engineer: HCDD1 PO#646596
Mile 9 N. & FM 1015 - Budget 524
3. Approval of Application for Payment No. 3 in the amount of $28,751.76 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-21-054-12-08 Mile 9 N. & FM 1015. Project Engineer: Halff & Associates PO#645350
South I Rd Detention (West Side) - Budget 533
4. Approval of Application for Payment No. 7 and interest in the amount of $42,093.97 from IOC Company pertaining to Construction Contract No. C-HCDD1-22-028-07-12 South I Rd Detention (West Side). Project Engineer B2Z PO#646281
5. Approval and acceptance of Certificate of Construction Completion from IOC Company pertaining to Construction Contract No. C-HCDD1-22-028-07-12 South I Rd Detention (West Side). Project Engineer B2Z PO#646281
South Lateral Drain - Budget 534
6. Approval of Application for Payment No. 2 in the amount of $69,408.00 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-22-033-07-12 South Lateral Drain. Project Engineer: HCDD1 PO#646381 (Audio Reference 10m:35s)
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 7.D.1 through 7.D.6.
Vote: 5 - 0 – Unanimously
Attachments:
8.
Human Resources:
A.
AI -91239
1. Approval of the following personnel actions effective June 19, 2023:
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 8.A.1 (Audio Reference 12m:03s)
Vote: 5 - 0 -Unanimously
2. Approval of Surveying Tech III Job Description
3. Approval of the Revised Classified Positions List
4. Approval of Revised Salary Schedule
5. Approval of Budget Line Item Transfers
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 items 8.A.2 through 8.A.5. (Audio Reference 12m:52s)
Vote: 5 - 0 -Unanimously
| Action | Current Slot # | Current Position Title | Current Grade | Proposed Position Title | Proposed Grade |
| Create | Surveying Tech I | 8 | |||
| Create | Surveying Tech I | 8 | |||
| Reclassification | 23 Admin | Surveying Tech II | 12 | Surveying Tech III | 12 |
| Reclassification | 26 Admin | Surveying Tech II | 12 | Surveying Tech III | 12 |
| Reclassification | 40 Admin | Surveying Tech I | 9 | Surveying Tech II | 10, 2 |
| Reclassification | 128 M&O | Maintenance II | 5 | Surveying Tech I | 8, 2 |
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 8.A.1 (Audio Reference 12m:03s)
Vote: 5 - 0 -Unanimously
2. Approval of Surveying Tech III Job Description
3. Approval of the Revised Classified Positions List
4. Approval of Revised Salary Schedule
5. Approval of Budget Line Item Transfers
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 items 8.A.2 through 8.A.5. (Audio Reference 12m:52s)
Vote: 5 - 0 -Unanimously
9.
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 13m:13s)
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:(Audio Reference 13m:13s)
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, 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, as it was a closed session item.
10.
Open Session: (Audio Reference 13m:41s)
The Board returned from closed session at 10:03 A.M., and proceeded to agenda item 10.A.
The Board returned from closed session at 10:03 A.M., and proceeded to agenda item 10.A.
A.
Possible Action of Real Estate Acquisition (Audio Reference 13m:50s)
Legal Counsel, Ivan Perez, recommended action to authorize Raul Sesin to proceed as discussed in closed session.
The Board proceeded with a vote of approval as recommended.
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 10.A, as recommended.
Vote: 5 - 0 – Unanimously
The Board proceeded to agenda item 11 - Adjournment. (Audio Reference 14m:06s)
Legal Counsel, Ivan Perez, recommended action to authorize Raul Sesin to proceed as discussed in closed session.
The Board proceeded with a vote of approval as recommended.
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 10.A, as recommended.
Vote: 5 - 0 – Unanimously
The Board proceeded to agenda item 11 - Adjournment. (Audio Reference 14m:06s)
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 14m:06s)
Judge Cortez adjourn the meeting with a vote of approval at 10:03 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: 5 - 0 - Unanimously
Judge Cortez adjourn the meeting with a vote of approval at 10:03 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: 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 13th day of June, 2023
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Carolyn Thornton, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on June 13, 2023.
Signed this 13th day of June 2023
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy
Court, the meetings of the Commissioners Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 13th day of June, 2023
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Carolyn Thornton, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on June 13, 2023.
Signed this 13th day of June 2023
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy