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Minutes for DD-REGULAR AGENDA REGULAR MTG

REGULAR MEETING - August 24, 2021

BE IT REMEMBERED, that on this 24th day of August A.D., 2021, there was begun and held a REGULAR 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
August 24, 2021
1:30 P.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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 :39s)

Chairman Cortez called the meeting to order at 1:30 P.M.

All members of the Board were present during roll call, with the exception of Commissioner Cantu and Commissioner Fuentes, who both joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference 01m:00s)

General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.

Commissioner Cantu joined the meeting.
 
3.
 
Open Forum (Audio Reference 02m:54s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 03m:07s)

The Board proceeded with the approval of the Consent Agenda.
 
5.
 
General Operations:
 
A.
AI -82111
1. Presentation by Burton McCumber & Longoria, LLP of the Hidalgo County Drainage District No.1's 2020 Financial Audit and Comprehensive Annual Financial Report. (Audio Reference 03m:29s)

Ricardo Longoria and Luis Lopez, with Burton McCumber & Longoria, LLP, presented to the Board the Hidalgo County Drainage District No.1's 2020 Financial Audit and Comprehensive Annual Financial Report.

Commissioner Fuentes joined the meeting.

No action was taken on agenda item 5.A.1.

2. Requesting approval of the Hidalgo County Drainage District No.1 Financial Audit and the Comprehensive Annual Financial Report for the year ended December 31, 2020. (Audio Reference 21m:04s)

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 item 5.A.2.
                                                                              
Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI -82117
1. Submission of the 2021 No New Revenue and Voter Approval Rate for Hidalgo County Drainage District No. 1.
2 . Discussion of the 2021 Planning calendar
3.  Discussion of the 2021 tax rates. (Audio Reference 21m:30s)

Julio Espinoza, with the Hidalgo County Tax Office, presented to the Board the 2021 No New Revenue and Voter Approval Rate for Hidalgo County Drainage District No. 1, 2021 Planning calendar, and 2021 tax rates.

No action was taken on agenda items 5.B.1 through 3.

4.  Record vote on the proposed 2021 tax rate and schedule a public hearings if proposed tax rate exceed the lower of the No New Revenue and Voter Approval Rate. (Audio Reference 21m:30s)

Mr. Espinoza stated that the 2021 tax rate for the No New Revenue at .0961, and Voter Approval Tax Rate at .1264.

The Board proceeded with a record vote of approval of the Voter Approval Tax Rate of .1264, recommended by the Hidalgo County Drainage District No.1.

Record Vote of approval of the Voter Approval Tax Rate of .1264 was recorded as follows:

Chairman Cortez, County Judge - Aye
Commissioner Fuentes, Precinct 1 - Aye
Commissioner Cantu ,Precinct 2 - Aye
Commissioner Villarreal, Precinct 3 - Aye
Commissioner Torres, Precinct 4 - Aye

Vote: 5 - 0 - Unanimously

The Board proceeded with a vote of approval for the public hearing to be scheduled for September 28, 2021.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval for the public hearing to be scheduled for September 28, 2021.
                                                        
Vote: 5 - 0 – Unanimously
 
C.
AI -82121
Requesting approval to reimburse Texas Division of Emergency Management $4,316.86 for rain event advance from FEMA Public Assistance Project 00595 related to Texas Severe Storms.  Funds received on September 12, 2017. (Audio Reference 31m:50s)

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.C.

Vote: 5 - 0 – Unanimously
Attachments:
 
D.
AI -82134
Requesting approval to purchase One (1) 12'' Dri-Prime DPC300 Diesel Pump, One (1) GL10 Trailer, Three (3) 6'' Dri-Prime CD150S Diesel Pumps, and Hoses, from XYLEM Dewatering Solutions, Inc., through the Hidalgo County Drainage District No. 1 membership/participation with HGACBUY awarded Contract No. CM02-21 in the total amount of $276,702.04.(Subject to HB1295 Compliance) (Audio Reference 32m:24s)

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 5.D.

Vote: 5 - 0 – Unanimously
 
E.
AI -82130
Requesting authority to advertise and approval of a Competitive Sealed Proposals packet (requirements, specifications and plans) developed by Project Engineer, Omar Cano, PE, HCDD1 Engineer III for, Hidalgo County Drainage District No. 1,"San Carlos-83rd St. - 87th St. Drainage Improvements Outfall" -CSP No. HCDD1-21-044-09-15-RFV, 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 33m:04s)

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.E.

Vote: 5 - 0 – Unanimously
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -82122
1) Requesting approval of closing documents for Parcel 24-E17 as it relates to Project 24 of the 2018 Drainage Bond Program - Mile 9 N & FM 1015 project and authority for the Chairman of the Board to execute documents. (Audio Reference 33m:32s)

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 6.A.1.

Vote: 5 - 0 – Unanimously

2) Approval of payment and issuance of a manual check to Valley Land Title Co. for $22,738.00 upon closing of execution of closing documents. (Audio Reference 33m:51s)

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 6.A.2.

Vote: 5 - 0 - Unanimously
 
B.
AI -82165
Requesting approval of closing documents for Parcel 15B-3 as it relates to Project 15B of the 2018 Drainage Bond Program - J-08 Drain Project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 34m:08s)

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.B.
                                                                              
Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI -82161
Requesting approval of a Budget Amendment in the amount of $3,368,525.43 in the Capital Projects Fund 134 - 2019 Bond Series for Construction Contracts and Work Authorizations relating to the 2018 Drainage Bond Program that have  been approved by the Board of Directors. (Audio Reference 34m:27s)

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.C.

Vote: 5 - 0 - Unanimously
Attachments:
 
D.
AI -82136
1. Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-012-03-26), with Javier Hinojosa Engineering, for the project: "3 3/4 Mile Rd. & Schuerbach Rd. -2018 Bond Referendum Project #2", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of December 1, 2021(subject to Legal Review). 

(Audio Reference 34m:49s)

The Board made a motion of approval to recess the Drainage District Meeting at 2:06 P.M to open the Commissioners' Court Meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval to recess the meeting.

Vote: 5 - 0 - Unanimously
 
(Audio Reference 38m:36s)

The Board made a motion of approval to reconvene the Drainage District Meeting at 2:09 P.M.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board
 made a UNANIMOUS vote of approval to reconvene the Drainage District meeting at 2:09 P.M.

Vote: 5 - 0 -Unanimously 


(Audio Reference 38m:47s) Vote of approval for agenda item 6.D.1.

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.D.1.

Vote: 5 - 0 – Unanimously

2. Requesting approval of Supplemental Agreement No. 3 to Work Authorization No.1 of the Professional Engineering Services Contract (C-HCDD1-19-012-03-26), with Javier Hinojosa Engineering, for the project, "3 3/4 Mile Rd. & Schuerbach Rd.-2018 Bond Referendum Project #2, to reflect a revised period of services to end on December 1, 2021 (subject to Legal Review). (Audio Reference 39m:29s)

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 6.D.2.

Vote: 5 - 0 -Unanimously 
 
E.
AI -82149
1. Requesting approval of Supplemental  No. 1 to the Professional Engineering Services contract (C-HCDD1-19-080-03-24) with B2Z Engineering, LLC, for the project, "South "I" Road Detention -2018 Bond Referendum Project #33," to reflect a Revised Exhibit "D"-Work Schedule with an extended termination date of March 31, 2023. (subject to Legal Review) (Audio Reference 39m:53s)

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 6.E.1.

Vote: 5 - 0 - Unanimously

2. Requesting approval of  Supplemental No. 1 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-080-03-24) with B2Z Engineering, LLC for the project, "South "I" Road Detention -2018 Bond Referendum Project #33," to reflect a revised period of service to end on March 31, 2023. (subject to Legal Review) (Audio Reference 40m:17s)

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.2.

Vote: 5 - 0 – Unanimously
Attachments:
 
F.
AI -82151
1.  Requesting approval of Supplemental Agreement No. 4 to the Professional Engineering Services Contract (C-HCDD1-19-046-07-01), with Guzman & Munoz Engineering and Surveying, Inc., for the project: "Malone Drive & Pomelo Road (Project #18) and Old La Blanca & Mile 10 N (Project #28) -2018 Bond Referendum Projects," to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of  November 29, 2021, to finalize Close-Out Documents, and As-Builts. (subject to Legal Review) (Audio Reference 40m:42s)

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.F.1.

Vote: 5 - 0 -Unanimously 

2.  Requesting approval of Supplemental Agreement No. 4 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-046-07-01), with Guzman & Munoz Engineering and Surveying, Inc., for the project: "Malone Drive & Pomelo Road (Project #18) and Old La Blanca & Mile 10 N (Project #28) -2018 Bond Referendum Projects", to reflect a revised period of service to end on  November 29, 2021, to finalize Close-Out Documents, and As-Builts. (subject Legal Review) (Audio Reference 41m:11s)

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.F.2.

Vote: 5 - 0 - Unanimously
Attachments:
 
G.
AI -82162
1. Requesting approval of Supplemental  No. 2 to the Professional Engineering Services contract (C-HCDD1-19-021-03-26) with Quintanilla, Headley & Associates, Inc., for the project, "Mile 10 N. & Baseline Road-2018 Bond Referendum Project #20,"  to reflect a Revised Exhibit "D"-Work Schedule with an extended termination date of February 28, 2023. (subject to Legal Review) (Audio Reference 41m:40s)

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 6.G.1.

Vote: 5 - 0 -Unanimously 

2. Requesting approval of  Supplemental No. 2 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-021-03-26) with Quintanilla, Headley & Associates, Inc. for the project, "Mile 10 N. & Baseline Road-2018 Bond Referendum Project #20," to reflect a revised period of service to end on February 28, 2023. (subject to Legal Review) (Audio Reference 42m:04s)

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.G.2.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
H.
AI -82077
Las Milpas Hidalgo Park Estates - Budget 513
1. Approval of Application for Payment No. 3 in the amount of $361,924.34 from Mor-Wil, LLC pertaining to construction contract No. HCDD1-20-021-06-23. Project Engineer Jose Noe Saldivar PO#640295. (Audio Reference 42m:28s)

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.H.1.
                                                                              
 Vote: 5 - 0 – Unanimously

2. Approval of Application for Payment No. 4 in the amount of $77,148.32 from Mor-Wil, LLC pertaining to construction contract No. HCDD1-20-021-06-23. Project Engineer Jose Noe Saldivar PO#640295. (Audio Reference 42m:53s)

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.H.2.
                                                                              
 Vote: 5 - 0 – Unanimously

3. Approval & Accepance of Certificate of Substantial Completion and Certificate of Construction Completion from Mor-Wil, LLC pertaining to construction contract HCDD1-20-021-06-23 Las Milpas Hidalgo Drain. (Audio Reference 43m:10s)

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.H.3.
                                                                              
 Vote: 5 - 0 – Unanimously

Jackson Road Drain - Budget 516
4. Approval of Application for Payment No. 4 in the amount of $142,851.58 from G&G Contractors pertaining to Construction Contract No. HCDD1-20-034-08-11. Project Engineer Quintanilla, Headley and Associates PO#640613 (Audio Reference 43m:28s).

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 item 6.H.4.
                                                        
 Vote: 5 - 0 – Unanimously
 
7.
 
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 43m:52s).

The Board proceed into Closed Session with a vote of approval at 2:14 P.M.

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 to proceed into Closed Session.

Vote: 5 - 0 -Unanimously
 
A.
 
Real Property (Tex. Gov't. Code 551.072)

Reference agenda item 8.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference agenda item 8.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 7.C.
 
1.
AI -82143
Consultation with legal counsel regarding condemnation proceeding in Cause No. CCD-0593-F, Hidalgo County Drainage District No. 1. Vs. Santa Cruz Irrigation District No. 15

No action was taken on agenda item 7.C.1.
 
8.
 
Open Session: (Audio Reference 44m:22s)

The Board returned from Closed Session at 2:35 P.M., and proceeded to agenda item 8.A.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 44m:42s)

As per Legal Counselor, Ivan Perez, the Board made a vote of approval to authorize the administration to proceed as discussed in the Closed Session.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval to authorize the administration to proceed as discussed in the Closed Session.

Vote: 5 - 0 – Unanimously
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on agenda item 8.B.
 
9.
 
Adjourn (Audio Reference 45m:02s)

Judge Cortez adjourned the meeting at 2:36 P.M. with a vote of approval.

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 24th day of August, 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 August 24, 2021.

Signed this 25th day of August 2021




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy