REGULAR MEETING - September 28, 2021
BE IT REMEMBERED, that on this 28th day of September 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 September 28, 2021 1:45 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 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
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 :04s)
All members of the Board were present during the roll call at 1:45 P.M., with the exception of Judge Richard Cortez, who joined the meeting at a later time.
Commissioner Fuentes participated via videoconference.
All members of the Board were present during the roll call at 1:45 P.M., with the exception of Judge Richard Cortez, who joined the meeting at a later time.
Commissioner Fuentes participated via videoconference.
2.
Prayer (Audio Reference :25s)
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:00s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 02m:00s)
Judge Cortez joined the meeting.
The Board proceeded with the approval of the Consent Agenda.
Judge Cortez joined the meeting.
The Board proceeded with the approval of the Consent Agenda.
5.
General Operations:
A.
AI -82630
Discussion and possible action as it relates to the American Rescue Plan Act of 2021 State of Texas Allocation. (Audio Reference 02:23s)
Raul Sesin gave an overview of the federal funding that will be available for the State of Texas, and how the Drainge District plans to apply for additional funds to complete drainage projects in Hidalgo County.
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 5.A.
Vote: 5 - 0 – Unanimously
Raul Sesin gave an overview of the federal funding that will be available for the State of Texas, and how the Drainge District plans to apply for additional funds to complete drainage projects in Hidalgo County.
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 5.A.
Vote: 5 - 0 – Unanimously
B.
AI -82592
Hidalgo County Drainage District No. 1 Budget for 2022
1. Discussion, consideration and action on changes to the 2022 Proposed Budget. (Audio Reference 08m:21s)
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 5.B.1.
Vote: 5 - 0 -Unanimously
2. Adoption of the 2022 Annual Budget (Audio Reference 09m:07s)
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 5.B.2.
Vote: 5 - 0 -Unanimously
3. Approval to set salaries, allowances and other compensation for Fiscal Year 2022. (Audio Reference 10m:55s)
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 5.B.3.
Vote: 5 - 0 -Unanimously
1. Discussion, consideration and action on changes to the 2022 Proposed Budget. (Audio Reference 08m:21s)
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 5.B.1.
Vote: 5 - 0 -Unanimously
2. Adoption of the 2022 Annual Budget (Audio Reference 09m:07s)
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 5.B.2.
Vote: 5 - 0 -Unanimously
3. Approval to set salaries, allowances and other compensation for Fiscal Year 2022. (Audio Reference 10m:55s)
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 5.B.3.
Vote: 5 - 0 -Unanimously
C.
AI -82595
Adoption of Hidalgo County Drainage District No. 1 2021 Tax Rate
1. Public Hearing on Hidalgo County Drainage District No.1 2021 Proposed Tax Rate of $.1264 per $100.00 valuation (Audio Reference 11m:05s)
Judge Cortez opened the Public Hearing at 1:56 PM, therein being no participants, Judge Cortez closed the meeting.
No action was taken on agenda item 5.C.1.
2. Approval of Order setting the 2021 Hidalgo County Drainage District No. 1 Tax Rate at $.1264 per $100.00 valuation (Maintenance and Operation tax rate is $0.0528 and Debt Service tax rate is 0.0736). (Audio Reference 11m:46s)
Commissioner Cantu motioned that the property tax rate be increased by the adoption of a tax rate of $.1264, which is effectively a 31.53% increase in the tax rate. The Board proceeded with a roll call vote in favor of the motion as follows:
Vote: 5 Ayes - 0 Nays - Unanimously
1. Public Hearing on Hidalgo County Drainage District No.1 2021 Proposed Tax Rate of $.1264 per $100.00 valuation (Audio Reference 11m:05s)
Judge Cortez opened the Public Hearing at 1:56 PM, therein being no participants, Judge Cortez closed the meeting.
No action was taken on agenda item 5.C.1.
2. Approval of Order setting the 2021 Hidalgo County Drainage District No. 1 Tax Rate at $.1264 per $100.00 valuation (Maintenance and Operation tax rate is $0.0528 and Debt Service tax rate is 0.0736). (Audio Reference 11m:46s)
Commissioner Cantu motioned that the property tax rate be increased by the adoption of a tax rate of $.1264, which is effectively a 31.53% increase in the tax rate. The Board proceeded with a roll call vote in favor of the motion as follows:
| Precinct 1 - Commissioner David Fuentes | Aye |
| Precinct 2 - Commissioner Eduardo Cantu | Aye |
| Precinct 3 - Commissioner Everardo Villarreal | Aye |
| Precinct 4 - Commissioner Ellie Torres | Aye |
| County Judge - Richard Cortez | Aye |
Vote: 5 Ayes - 0 Nays - Unanimously
Attachments:
D.
AI -82636
Requesting approval of final negotiated Professional Services Contract with Edwards Abstract and Title Co.. as it relates to "Title Company Services - On Call (on as needed basis), Contract No. C-HCDD1-21-029B-09-28, approved for negotiations by HCDD1 Board of Directors on AI# 81553 (07-13-21), subject to Legal Review. (Audio Reference 12m:55s)
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 5.D.
Vote: 5 - 0 – Unanimously
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 5.D.
Vote: 5 - 0 – Unanimously
Attachments:
E.
AI -82607
Requesting approval of final negotiated Professional Services Contract with Valley Land Title, Co. as it relates to "Title Company Services - On Call (on as needed basis), Contract No. C-HCDD1-21-029A-09-28, approved for negotiations by HCDD1 Board of Directors on AI# 81553 (07-13-21), subject to Legal Review. (Audio Reference 13m:23s)
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 5.E.
Vote: 5 - 0 – Unanimously
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 5.E.
Vote: 5 - 0 – Unanimously
Attachments:
F.
AI -82620
Acceptance and approval of Work Authorization No. 6 in the amount of $14,208.66 as submitted by B2Z Engineering, LLC, through Contract No. C-HCDD1-21-026-06-01 to provide Construction Material Testing Services, Construction Management and Inspection for, "San Carlos - 83rd St. - 87th St. Drainage Improvements Outfall." (Subject to Legal Review) (Audio Reference 13m:47s)
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.F.
Vote: 5 - 0 – Unanimously
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.F.
Vote: 5 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -82639
Acceptance and approval of Work Authorization No. 3 in the amount of $30,939.00 as submitted by Millennium Engineers Group, Inc., through Contract No. C-HCDD1-21-021-05-25 to provide Construction Material Testing Services, "Faysville Drain Improvements-2018 Bond Referendum Project No. 11A and 11B." (Subject to Legal Review) (Audio Reference 14m:14s)
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: 5 - 0 – Unanimously
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: 5 - 0 – Unanimously
Attachments:
B.
AI -82619
Mile 9N & FM 1015 - Budget 524
1. Approval of Application for Payment No. 4 in the amount of $37,427.76 from Mor-Wil, LLC pertaining to Construction Contract HCDD1-20-065-11-18. Project Engineer Halff & Associates PO#641649. (Audio Reference 14m:40s)
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.B.1.
Vote: 5 - 0 - Unanimously
PD Lateral Phase II - Budget 529
2. Approval of Application for Payment No. 6 in the amount of $380,246.85 from Mor-Wil, LLC pertaining to Construction Contract HCDD1-20-029-06-23. Project Engineer Izaguirre Engineering PO#640212. (Audio Reference 14m:59s)
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.B.2.
Vote: 5 - 0 – Unanimously
1. Approval of Application for Payment No. 4 in the amount of $37,427.76 from Mor-Wil, LLC pertaining to Construction Contract HCDD1-20-065-11-18. Project Engineer Halff & Associates PO#641649. (Audio Reference 14m:40s)
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.B.1.
Vote: 5 - 0 - Unanimously
PD Lateral Phase II - Budget 529
2. Approval of Application for Payment No. 6 in the amount of $380,246.85 from Mor-Wil, LLC pertaining to Construction Contract HCDD1-20-029-06-23. Project Engineer Izaguirre Engineering PO#640212. (Audio Reference 14m:59s)
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.B.2.
Vote: 5 - 0 – Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -82613
Mission Inlet - Budget 020
Approval of Application for Payment No. 4 in the amount of $53,196.59 from Castle Enterprises pertaining to Construction Contract HCDD1-20-002-02-11. Project Engineer L&G Engineering PO#639479. (Audio Reference 15m:19s)
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.
Vote: 5 - 0 – Unanimously
The Board proceeded to agenda item 10 - Adjournment. (Audio Reference 15m:40s)
Approval of Application for Payment No. 4 in the amount of $53,196.59 from Castle Enterprises pertaining to Construction Contract HCDD1-20-002-02-11. Project Engineer L&G Engineering PO#639479. (Audio Reference 15m:19s)
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.
Vote: 5 - 0 – Unanimously
The Board proceeded to agenda item 10 - Adjournment. (Audio Reference 15m:40s)
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 15m:40s)
The Board did not proceed into 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 15m:40s)
The Board did not proceed into Closed Session.
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:
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 15m:45s)
The Board adjourned the meeting with a vote of approval at 2:00 P.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 – Unanimously
The Board adjourned the meeting with a vote of approval at 2:00 P.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, 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 28th day of September, 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 September 28, 2021.
Signed this 29th day of September 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 28th day of September, 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 September 28, 2021.
Signed this 29th day of September 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy