SPECIAL MEETING - May 4, 2021
BE IT REMEMBERED, that on this 4th day of May A.D., 2021, 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 May 4, 2021 1:45 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 418.016 of the Texas Government Code, Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location. As a result, all or some government officials may participate via video conference. Additionally, members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive
To participate in public comment, please call: (956) 292-7630 and you will be given further instruction and be provided with a toll free number at that time.
1.
Roll Call (Audio Reference 02m:24s)
Commissioner Cantu called the meeting to order at 1:50 P.M.
All members of the board were present during the roll call, with the exception of Judge Richard Cortez.
Commissioner Cantu called the meeting to order at 1:50 P.M.
All members of the board were present during the roll call, with the exception of Judge Richard Cortez.
2.
Prayer (Audio Reference 03m:40s)
Lora Briones, with Hidalgo County Drainage District No. 1 and Commissioner Cantu offered the prayer.
Lora Briones, with Hidalgo County Drainage District No. 1 and Commissioner Cantu offered the prayer.
3.
Open Forum (Audio Reference 06m:45s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 07m:02s)
The board proceeded to the approval of the Consent Agenda.
The board proceeded to the approval of the Consent Agenda.
5.
2018 Bond Referendum Projects:
A.
AI -80652
Requesting ratification of approved Notice to Suspend Work Order No. 1, issued to Mor-Wil, LLC, awarded contractor related to the Construction Contract No. C-HCDD1-20-021-06-23, "Las Milpas -Hidalgo Park Estates" to allow time to resolve dirt stockpile location requested by the City of Pharr. Suspend Order Effective Date: 03-19-21. (Audio Reference 07m:18s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court 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. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 5.A.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -80657
1. 3 3/4 Mile Road & Schurbach Rd Service - Budget 502
Requesting approval for Application for Payment No. 5 in the amount of $170,507.26 from Gonzalez Engineering & Management, LLC pertaining to construction contract No. HCDD1-20-040-09-08. Project Engineer Javier Hinojosa Engineering. PO#640791-21 (Audio Reference 07m:50s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 5.B.1.
Vote: 4 - 0 - Unanimously
2. Old La Blanca Road & Mile 10N - Budget 528
Requesting approval for Application for Payment No. 2 in the amount of $103,445.10 from Venser Contractors, LLC pertaining to construction contract No. HCDD1-20-044-09-15. Project Engineer Guzman & Munoz Engineering. PO#641035-21 (Audio Reference 08m:19s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 5.B.2.
Vote: 4 - 0 - Unanimously
3. PD Lateral Ph II - Budget 529
Requesting approval for Application for Payment No. 4 in the amount of $94,565.61 from Mor-Wil, LLC pertaining to construction contract No. HCDD1-20-029-06-23. Project Engineer Izaguirre Engineering. PO#640212-21 (Audio Reference 08m:42s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 5.B.3.
Vote: 4 - 0 - Unanimously
Requesting approval for Application for Payment No. 5 in the amount of $170,507.26 from Gonzalez Engineering & Management, LLC pertaining to construction contract No. HCDD1-20-040-09-08. Project Engineer Javier Hinojosa Engineering. PO#640791-21 (Audio Reference 07m:50s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 5.B.1.
Vote: 4 - 0 - Unanimously
2. Old La Blanca Road & Mile 10N - Budget 528
Requesting approval for Application for Payment No. 2 in the amount of $103,445.10 from Venser Contractors, LLC pertaining to construction contract No. HCDD1-20-044-09-15. Project Engineer Guzman & Munoz Engineering. PO#641035-21 (Audio Reference 08m:19s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 5.B.2.
Vote: 4 - 0 - Unanimously
3. PD Lateral Ph II - Budget 529
Requesting approval for Application for Payment No. 4 in the amount of $94,565.61 from Mor-Wil, LLC pertaining to construction contract No. HCDD1-20-029-06-23. Project Engineer Izaguirre Engineering. PO#640212-21 (Audio Reference 08m:42s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 5.B.3.
Vote: 4 - 0 - Unanimously
6.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -80666
Delta Regional Water Management Project - Budget 360
1. Approval of Application for Payment No. 3 in the amount of $342,000.00 from Saenz Brothers Construction, LLC. pertaining to construction contract No. HCDD1-20-038-09-08. Project Engineer HCDD1 Jose Noe Saldivar P.E. PO#640783-21 (Audio Reference 09m:05s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 6.A.1.
Vote: 4 - 0 - Unanimously
The board proceeded to agenda item 8 - Closed Session (Audio Reference 09m:26s)
1. Approval of Application for Payment No. 3 in the amount of $342,000.00 from Saenz Brothers Construction, LLC. pertaining to construction contract No. HCDD1-20-038-09-08. Project Engineer HCDD1 Jose Noe Saldivar P.E. PO#640783-21 (Audio Reference 09m:05s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 6.A.1.
Vote: 4 - 0 - Unanimously
The board proceeded to agenda item 8 - Closed Session (Audio Reference 09m:26s)
Attachments:
7.
Right of Way Acquisitions:
A.
AI -80668
Discussion and consideration regarding Cause No. CCD-0581-H, Hidalgo County Drainage District No. 1 vs. Jesus De Leon. (Audio Reference 10m:35s)
The board took action on agenda item 7.A, after returning from Closed Session.
Legal Counselor, Ivan Perez, stated that the recommended action was to authorize the Drainage District to deposit the amount that the commissioners award into the Registry of the Court to take possession of the property that is the subject to the condemnation proceeding.
Commissioner Fuentes abstained from any discussion and/or action on agenda item 7.A.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval for agenda item 7.A, with comment stated above.
Vote: 3 - 0 - Unanimously
The court proceeded to agenda item 10 - Adjournment. (Audio Reference 11m:37s)
The board took action on agenda item 7.A, after returning from Closed Session.
Legal Counselor, Ivan Perez, stated that the recommended action was to authorize the Drainage District to deposit the amount that the commissioners award into the Registry of the Court to take possession of the property that is the subject to the condemnation proceeding.
Commissioner Fuentes abstained from any discussion and/or action on agenda item 7.A.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval for agenda item 7.A, with comment stated above.
Vote: 3 - 0 - Unanimously
The court proceeded to agenda item 10 - Adjournment. (Audio Reference 11m:37s)
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 10m:11s)
The board proceeded into Closed Session at 1:58 P.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court 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 10m:11s)
The board proceeded into Closed Session at 1:58 P.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court 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 on agenda item 8.C.a
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 8.C.a
9.
Open Session: (Audio Reference 10m:32s)
The board returned from Closed Session at 2:08 p.m, and proceeded back to agenda item 7.A
The board returned from Closed Session at 2:08 p.m, and proceeded back to agenda item 7.A
A.
Possible Action of Real Estate Acquisition
No action was taken on agenda item 9.A.
No action was taken on agenda item 9.A.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 9.B.
No action was taken on agenda item 9.B.
10.
Adjourn (Audio Reference 11m:42s)
Commissioner Cantu adjourned the meeting at 2:09 P.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 4 - 0 - Unanimously
Commissioner Cantu adjourned the meeting at 2:09 P.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court 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 4th day of May, 2021
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 May 4, 2021.
Signed this 5th day of May 2021
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 4th day of May, 2021
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 May 4, 2021.
Signed this 5th day of May 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy