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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - NOVEMBER 14, 2023

BE IT REMEMBERED, that on this 14th day of November 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 EVERARDO "EVER" VILLARREAL

HONORABLE ELLIE TORRES
HIDALGO COUNTY JUDGE

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
NOVEMBER 14, 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:

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:01s)

Judge Richard Cortez called the meeting to order at 9:32 A.M.

All members of the Board were present during the roll call, except Commissioner Eduardo "Eddie" Cantu, and Commissioner David Fuentes.

Commissioner David Fuentes was absent from this meeting.
 
2.
 
Prayer (Audio Reference 00m:12s)

General Manager of Hidalgo County Drainage District No.1., Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 02m:15s)

There were no public participants for open forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:18s)

The Board proceeded with the approval of the Consent Agenda.

See Drainage District - Consent Agenda for the action taken.
 
5.
 
General Operations:
 
A.
AI -93259
1.) Requesting approval of Resolution as it relates to HCDD1 Personnel Safety Training Session / Luncheon. (Audio Reference 02m:34s)

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 item 5.A.1.

Vote: 3 - 0 - Unanimously
Attachments:
 
B.
AI -93260
 Requesting approval of Subrecipient Closeout Certification Form from the Texas Division of Emergency Management for DR-4223 and approval for Drainage District General Manager or his designee to execute. (Audio Reference 03m:25s)

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 5.B.

Vote: 3 - 0 – Unanimously
Attachments:
 
C.
AI -93180
Acceptance and Approval of  Work Authorization No. 2 in the total amount of $17,200.00 as submitted by Halff Associates, Inc., through Contract No. C-HCDD1-23-022-05-02 to provide Planning, Design and Construction Services for the new illumination system for the HCDD1 Complex - M&O Training Facility (subject to final legal review). (Audio Reference 03m:45s)

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 item 5.C., subject to final legal review.

Vote: 3 - 0 - Unanimously
Attachments:
 
6.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -93242
Main Floodwater Channel Weir 4 - Budget 375
Approval of Application for Payment No. 7 in the amount of $114,544.88 from Clore Equipment, LLC pertaining to C-HCDD1-22-030-07-12 Main Floodwater Channel Weir 4. Project Engineer ICE PO# 646926 (Audio Reference 04m:07s)

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.

Vote: 3 - 0 – Unanimously
Attachments:
 
7.
 
2018 Bond Referendum Projects:
 
A.
AI -93219
1. Requesting approval to accept bids and award a Construction Contract to the lowest and most responsive bidder, Mor-Wil, LLC, in the amount of $962,183.20 for the project ''Southwest Weslaco -2018 Bond Project No. 35 -USIBWC Structure 97L (Tierra Santa Golf  Course)'', RFB No. HCDD1-23-056-11-08-ESZ as recommended by Project Engineer, Omar Anzaldua, Jr., P.E., CFM, District Asst. General Manager (subject to final legal review and compliance with HB1295). (Audio Reference 04m:25s)

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 item 7.A.1., subject to final legal review and compliance with HB1295.

Vote: 3 - 0 - Unanimously

2. Pursuant to TXLGC 262.031 (b), requesting authority/approval 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 04m:52s)

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.2.

Vote: 3 - 0 – Unanimously
 
B.
AI -93126
Requesting approval of Supplemental Agreement No. 3 to Work Authorization No. 1 in the amount of $9,500.00 as submitted by CSJ Group, through Contract No. C-HCDD1-19-023-04-23 to revise 10 (ten) parcels for "Mile 11 North & Texas Boulevard - 2018 Bond Referendum Project No. 23" (subject to final and legal review). (Audio Reference 05m:49s)

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.B., subject to final and legal review.

Vote: 3 - 0 – Unanimously
Attachments:
 
C.
AI -93265
Acceptance and approval of Work Authorization No. 6 to provide Construction Materials Testing Services (CMT) in the total amount of $14,925.56 as submitted by B2Z Engineering, LLC, for "Southwest Weslaco -2018 Bond Referendum Project No. 35 -USIBWC Structure 97L (Tierra Santa Golf Course)'', Contract No. C-HCDD1-23-036-07-25. (Audio Reference 06m: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 7.C.

Vote: 3 - 0 – Unanimously
Attachments:
 
D.
AI -93177
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 2018 Bond Project 10B and 21 Irrigation Line adjustments. Subject to final legal review. (Audio Reference 06m:38s)

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.D., subject to final legal review. 

Vote: 3 - 0 – Unanimously
 
E.
AI -93241
Rincon de Encinos Phase III - Budget 010
1. Approval of Application for Payment No. 2 in the amount of $120,159.00 from McAllen Multi Service pertaining to Construction Contract C-HCDD1-23-033-08-08. Project Engineer: HCDD1 Omar Anzaldua, Jr. PE CFM PO#648190
Mid-Valley Airport - Budget 519
2. Approval of Application for Payment No. 4 in the amount of $375,669.74 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-020-05-31. Project Engineer: HCDD1 Yvette Barrera PE, CFM PO#646596 (Audio Reference 06m:57s)

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 7.E.1., and 7.E.2.

Vote: 3 - 0 – Unanimously
Attachments:
 
8.
 
2023 Bond Referendum Projects:
 
A.
AI -93220
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services. (Audio Reference 07m:30s)

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 item 8.A.1.

Vote: 3- 0 - Unanimously

2. Requesting authority for Hidalgo County Drainage District No. 1 to negotiate a Professional Engineering Services Agreement with TEDSI Infrastructure Group from the District Pre-approved “Pool” of Pre-qualified Professional Engineers as approved by the Board of Directors on March 07, 2023 (AI 89829) for the PD Lateral - Iowa Rd Drainage Improvements - 2023 Bond Referendum Project No. 18. (Audio Reference 07m:42s)

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 item 8.A.2.

Vote: 3- 0 - Unanimously
 
B.
AI -93222
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services. (Audio Reference 08m:04s)

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 item 8.B.1.

Vote: 3- 0 - Unanimously

2. Requesting authority for Hidalgo County Drainage District No. 1 to negotiate a Professional Engineering Services Agreement with S2 Engineering, PLLC from the District Pre-approved “Pool” of Pre-qualified Professional Engineers as approved by the Board of Directors on March 07, 2023 (AI 89829) for the South Abram Lateral Drain - 2023 Bond Referendum Project No. 19. (Audio Reference 08m:16s)

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 item 8.B.2.

Vote: 3- 0 - Unanimously
 
9.
 
General Fund:
 
A.
AI -93244
FM 1425 Railroad Crossings
1. Requesting approval to ammend Interlocal Cooperation Agreement between Hidalgo County Drainage District No.1 and Hidalgo County & Cameron Counties Irrigation District No. 9 approved on January 17, 2023, to include rail-road on site inspector services subject to final legal review. (Audio Reference 08m:38s)

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 item 9.A.1., subject to final legal review

Vote: 3- 0 - Unanimously

2. Issue payment to Hidalgo County & Cameron Counties Irrigation Distirct No. 9 for engineering services and railroad inspector services for a total amount of $70,650.00. (Audio Reference 08m:56s)

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 item 9.A.2.

Vote: 3- 0 - Unanimously
 
10.
 
Human Resources:
 
A.
AI -93263
1.  In accordance to the Classification & Compensation Plan, approval of the following personnel action, effective November 20, 2023:
 
Action Dept. Slot # Current Position Title Current Grade Current Step Requested Grade Requested Step
Re-grade Admin. 8 Information Technology Manager 15 4 16 2

(Audio Reference 09m:29s)

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 10.A.1.

Vote: 3 - 0 – Unanimously

2. Approval of revised salary schedule. (Audio Reference 09m:52s)

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 item 10.A.2.

Vote: 3 - 0 - Unanimously
 
11.
 
Right of Way Acquisitions:
 
A.
AI -93253
Requesting acceptance and approval of a Deed without Warranty from Richard Ruppert as it relates to a tract of land containing .90 out of Lot 8,  Block 39 and a tract of land containing .78 Acres out of lot 9, block 39
of the Santa Cruz Gardens Unit No.2 Subdivision. Pending final legal review. (Audio Reference 10m:00s)

Reference Agenda Item 11.B.2.
Attachments:
 
B.
AI -93176
1. Requesting approval of closing documents for Parcel 3 as it relates to the FM 2220 N. Ware TxDOT road expansion project and authority for the Chairman of the Board to execute documents, pending final legal review.
2. Requesting approval of Possession and use agreement between TxDot and Hidalgo Drainage District No. 1 as it relates to the TxDOT FM 2220 N. Ware road expansion project and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 10m:00s)

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 11.A., through 11.B.2., pending final legal review.

Vote: 3 - 0 - Unanimously
Attachments:
 
12.
 
Closed Session: (Audio Reference 10m:50s)
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: 3 - 0 - Unanimously

Commissioner Eduardo "Eddie" Cantu was present during Closed Session only.
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference to Agenda Item 13.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference to Agenda Item 13.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 12.C., as it was a closed session item.
 
1.
AI -93129
Consultation with Legal Counsel regarding Hidalgo County Drainage District No. 1 vs Godfrey Garza et al, Cause No. C--0373-17-E, pending in the 275 District Court of Hidalgo County, Texas

No action was taken on Agenda Item 12.C.1., as it was a closed session item.
 
2.
AI -93264
Hidalgo County Drainage District No 1 vs Take Kim & Nancy Vargas Kim et al, Cause No. CCD-0632-I (Audio Reference 11m:49s)

Legal Counsel, Ivan Perez, recommended a motion to authorize settlement of the matter, subject to final legal review.

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 item 12.C.2.,subject to final legal review.

Vote: 3 - 0 - Unanimously

The Board proceeded to Agenda Item 14 - Adjournment (Audio Reference 12m:20s)
 
13.
 
Open Session: (Audio Reference 11m:43s)

The Board returned from closed session at approximately 10:10 A.M., and proceeded to agenda item 12.C.2.
 
A.
 
Possible Action of Real Estate Acquisition

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.
 
14.
 
Adjourn (Audio Reference 12m:20s)

Judge Cortez adjourned the meeting with a vote of approval at 10:11 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 14th day of November, 2023

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 November 14, 2023.

Signed this 15th day of November 2023




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


By: ____________________________
(Seal) Daniela E. Garza, Deputy