SPECIAL MEETING - DECEMBER 19, 2023
BE IT REMEMBERED, that on this 19th day of December 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 |
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 19, 2023 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:11s)
Judge Richard Cortez called the meeting to order at 1:36 P.M.
All members of the Board were present during the roll call, except Commissioner Ellie Torres and Commissioner Eduardo "Eddie" Cantu.
Commissioner Ellie Torres was absent from this meeting.
Commissioner Eduardo "Eddie" Cantu joined the meeting at a later time.
Judge Richard Cortez called the meeting to order at 1:36 P.M.
All members of the Board were present during the roll call, except Commissioner Ellie Torres and Commissioner Eduardo "Eddie" Cantu.
Commissioner Ellie Torres was absent from this meeting.
Commissioner Eduardo "Eddie" Cantu joined the meeting at a later time.
2.
Prayer (Audio Reference 00m:24s)
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:39s)
There were no public participants for Open Forum.
There were no public participants for Open Forum.
4.
Approval of Consent Agenda (Audio Reference 02m:43s)
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.
General Operations:
A.
AI -93669
Requesting approval of budget amendments to carry over the December 31, 2022, available budgets into the District's 2023 Capital Project Fund, respective accounts and Special Revenue Fund. This will facilitate the budgetary accounting for continued operations and construction of District Projects that have been approved by the board in prior years. Fund 130- District Capital Projects, Fund 132 - 2008 Bond Series, Fund 133 - 2013 Bond Series, Fund 123 - Raymondville Drain Restore and Fund 124 Region 15 planning group. (Audio Reference 02m:59s)
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.A.
Vote: 3 - 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 5.A.
Vote: 3 - 0 - Unanimously
Attachments:
B.
AI -93667
Requesting approval to enter into a three (3) year subscription with DebtBook, for accounting and reporting of leases to comply with GASB Statements 87 & 96, through membership with Omnia Partners Cooperative subject to final legal review. Year 1 cost $9,500.00, Year 2 $8,400.00, and Year 3 $8,820.00 (Audio Reference 03m:33s)
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.B., subject to final legal review
Vote: 3 - 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 5.B., subject to final legal review
Vote: 3 - 0 - Unanimously
Attachments:
C.
AI -93460
Requesting approval of the Supplemental Agreement No. 7 to the Professional Engineering Service Contract with Halff Associates, Inc., (C-HCDD1-21-003-05-18), in relation to the ''Region 15 Lower Rio Grande Regional Flood Planning Group (RFPG)", to amend the service period (Article 3 -Period of Service) to December 31, 2025 (Subject to final legal review and compliance with HB-1295). (Audio Reference 03m:56s)
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.C., subject to final legal review and compliance with HB-1295.
Vote: 3 - 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 5.C., subject to final legal review and compliance with HB-1295.
Vote: 3 - 0 - Unanimously
Attachments:
D.
AI -93644
Requesting authority to advertise and approval of RFP packet (requirements, specifications and plans, etc), for "HCDD1 Complex -M&O Training Facility'', RFP-HCDD1-23-076-01-24-ESZ, including the re-advertising of the project in the event no responses are received and/or are rejected and project is still required. (Audio Reference 04m:19s)
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.D.
Vote: 3 - 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 5.D.
Vote: 3 - 0 - Unanimously
Attachments:
E.
AI -93665
North Main Drain - Budget 204
Approval of Application for Payment No. 5 in the amount of $202,540.73 from Welch Excavation & Utility Company, Inc. pertaining to C-HCDD1-22-066-05-02. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM. PO#647845 (Audio Reference 04m:42s)
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: 3 - 0 - Unanimously
Commissioner Eduardo "Eddie" Cantu joined the meeting at this time.
Approval of Application for Payment No. 5 in the amount of $202,540.73 from Welch Excavation & Utility Company, Inc. pertaining to C-HCDD1-22-066-05-02. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM. PO#647845 (Audio Reference 04m:42s)
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: 3 - 0 - Unanimously
Commissioner Eduardo "Eddie" Cantu joined the meeting at this time.
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -93591
Requesting approval of closing documents for Parcel 23-5 as it relates to Project 23 of the 2018 Drainage Bond Program - Mile 11 N & Texas Blvd Project and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 05m:00s)
Reference Agenda Item 6.C.3., for action taken.
Reference Agenda Item 6.C.3., for action taken.
Attachments:
B.
AI -93675
Requesting approval of Change Order No.4, reflecting an increase amount of $219,754.00 and 124 additional construction calendar days for the project "East Mercedes Drainage Improvements, 2018 Bond Referendum Project 10B’’, Contract No. (C-HCDD1-22-051-01-17), with RBM Contractors, LLC, as recommended by Project Engineer, Yvette Barrera, PE, CFM, Asst. District General Manager.
Reference Agenda Item 6.C.3., for action taken.
Reference Agenda Item 6.C.3., for action taken.
Attachments:
C.
AI -93664
Rincon de Encinos Phase 3 - Budget 010
1. Approval of Application for Payment No. 3 in the amount of $53,737.53 from McAllen Multi Service pertaining to construction contract C-HCDD1-23-033-08-08. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM. PO#648190
South Lateral Drain Structure - Budget 534
2. Acceptance and approval of Certificate of Substantial Completion and Certificate of Construction Completion from Saenz Brothers Construction, LLC pertaining to C-HCDD1-20-009-R-04-04.
3. Approval of Application for Payment No. Retainage in the amount of $47,362.32 and $185.05 of interest from Saenz Brothers Construction, LLC pertaining to C-HCDD1-20-009-R-04-04. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM PO#647846 (Audio Reference 05m:59s)
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., through 6.C.3., pending final legal review.
Vote: 4 - 0 - Unanimously
1. Approval of Application for Payment No. 3 in the amount of $53,737.53 from McAllen Multi Service pertaining to construction contract C-HCDD1-23-033-08-08. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM. PO#648190
South Lateral Drain Structure - Budget 534
2. Acceptance and approval of Certificate of Substantial Completion and Certificate of Construction Completion from Saenz Brothers Construction, LLC pertaining to C-HCDD1-20-009-R-04-04.
3. Approval of Application for Payment No. Retainage in the amount of $47,362.32 and $185.05 of interest from Saenz Brothers Construction, LLC pertaining to C-HCDD1-20-009-R-04-04. Project Engineer HCDD1 Omar Anzaldua, Jr. PE, CFM PO#647846 (Audio Reference 05m:59s)
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., through 6.C.3., pending final legal review.
Vote: 4 - 0 - Unanimously
7.
Human Resources:
A.
AI -93666
2024 Budget Personnel Actions
1. Discussion and approval of all personnel actions approved after the Budget Adoption Date of September 26, 2023.
2. Approval to reclassify Slot 22 - Administration from Information System Administrator Grade 16, Step 2, to an Information Technician V, and set salary at Grade 14, Step 1.
3. Approval of Information Technician V revised Job Description
4. Approval of revised Salary Schedule
5. Approval of Budget Line Item Transfers for items 1 and 2 above and no Budget Amendment required (Audio Reference 07m: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 items 7.A.1., through 7.A.5.
Vote: 4 - 0 - Unanimously
1. Discussion and approval of all personnel actions approved after the Budget Adoption Date of September 26, 2023.
2. Approval to reclassify Slot 22 - Administration from Information System Administrator Grade 16, Step 2, to an Information Technician V, and set salary at Grade 14, Step 1.
3. Approval of Information Technician V revised Job Description
4. Approval of revised Salary Schedule
5. Approval of Budget Line Item Transfers for items 1 and 2 above and no Budget Amendment required (Audio Reference 07m: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 items 7.A.1., through 7.A.5.
Vote: 4 - 0 - Unanimously
Attachments:
8.
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 08m:00s)
The Board proceeded into closed session with a vote of approval at 1:45 P.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 proceed into Closed Session.
Vote: 4 - 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 08m:00s)
The Board proceeded into closed session with a vote of approval at 1:45 P.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 proceed into Closed Session.
Vote: 4 - 0 - Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference Agenda Item 9.A.
Reference Agenda Item 9.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference Agenda Item 9.B.
Reference Agenda Item 9.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 for Agenda Item 8.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 for Agenda Item 8.C., as it was a Closed Session item.
1.
AI -93680
Consultation with Legal Counsel regarding possible settlement with a defendant in Cause No. C-0373-17-E; Hidalgo County Drainage District No. 1 vs. Integ Corporation, Godfrey Garza, Jr., Valley Data Collection Specialists, Inc., Annie Q. Garza, Godfrey Garza, III, and Jonathan Garza, et al; in the 275th Judicial District Court of Hidalgo County, Texas. (Audio Reference 09m:19s)
Legal Counsel, Ivan Perez, recommended a motion to authorize a settlement with defendant as discussed in closed session, to authorize Mr. Raul Sesin to execute necessary paperwork to effectuate the settlement, and to authorize Legal Council to proceed as discussed in regards to settlement discussion with the remaining defendants.
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 8.C.1.
Vote: 4 - 0 - Unanimously
Legal Counsel, Ivan Perez, recommended a motion to authorize a settlement with defendant as discussed in closed session, to authorize Mr. Raul Sesin to execute necessary paperwork to effectuate the settlement, and to authorize Legal Council to proceed as discussed in regards to settlement discussion with the remaining defendants.
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 8.C.1.
Vote: 4 - 0 - Unanimously
9.
Open Session: (Audio Reference 08m:52s)
The Board returned from closed session at approximately 2:07 P.M., and proceeded to Agenda Item 8.C.1.
The Board returned from closed session at approximately 2:07 P.M., and proceeded to Agenda Item 8.C.1.
A.
Possible Action of Real Estate Acquisition
No action was taken for Agenda Item 9.A.
No action was taken for Agenda Item 9.A.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken for Agenda Item 9.B.
No action was taken for Agenda Item 9.B.
10.
Adjourn (Audio Reference 09m:54s)
Judge Cortez adjourned the meeting with a vote of approval at 2:09 P.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 4 - 0 – Unanimously
Judge Cortez adjourned the meeting with a vote of approval at 2:09 P.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval 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 19th day of December, 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 December 19, 2023.
Signed this 19th day of December 2023
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 19th day of December, 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 December 19, 2023.
Signed this 19th day of December 2023
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Daniela E. Garza, Deputy