SPECIAL MEETING - NOVEMBER 2, 2021
BE IT REMEMBERED, that on this 2nd day of November 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 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 NOVEMBER 2, 2021 9:15 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:
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 videoconference. 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 :01s)
Judge Cortez called the meeting to order at 9:15 A.M.
All members of the Board were present during the roll call, except for Commissioner Cantu and Commissioner Torres.
Commissioner Cantu and Commissioner Torres joined the meeting at a later time.
Judge Cortez called the meeting to order at 9:15 A.M.
All members of the Board were present during the roll call, except for Commissioner Cantu and Commissioner Torres.
Commissioner Cantu and Commissioner Torres joined the meeting at a later time.
2.
Prayer (Audio Reference :09s)
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 01m:47s)
There were no participants for open forum.
There were no participants for open forum.
4.
Approval of Consent Agenda (Audio Reference 02m:00s)
The Board proceeded with the approval and/or discussion of the Consent Agenda.
See the Drainage District Consent Agenda for action taken.
The Board proceeded with the approval and/or discussion of the Consent Agenda.
See the Drainage District Consent Agenda for action taken.
5.
General Operations:
A.
AI -83212
Discussion and update as it relates to the Lower Rio Grande Flood Planning Group Region 15 and the proposed amendments to the Region 15 Bylaws. (Audio Reference 02m:20s)
Hidalgo County Drainage District No.1 Operations Manager, Jaime Salazar, briefed and discussed with the Board, Planning Group Chair, David Garza's request to place an item on the next scheduled Region 15 meeting, which is to be held on November 17, 2021, that would allow the voting members of Region 15 to serve as a selection committee for any upcoming professional services that may be needed for the Region 15 Group.
No action was taken on agenda item 5.A.
Hidalgo County Drainage District No.1 Operations Manager, Jaime Salazar, briefed and discussed with the Board, Planning Group Chair, David Garza's request to place an item on the next scheduled Region 15 meeting, which is to be held on November 17, 2021, that would allow the voting members of Region 15 to serve as a selection committee for any upcoming professional services that may be needed for the Region 15 Group.
No action was taken on agenda item 5.A.
B.
AI -83210
Discussion, consideration, and possible action regarding Hidalgo County Drainage District No.1 submission of request for Non-Financial Direct Technical Assistance for FEMA Building Resilient Infrastructure and Communities ("BRIC") Program. (Subject to final legal review) (Audio Reference 04m:16s)
Commissioner Torres joined the 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 on agenda item 5.B.
Vote: 4 - 0 - Unanimously
Commissioner Torres joined the 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 on agenda item 5.B.
Vote: 4 - 0 - Unanimously
Attachments:
C.
AI -83190
Requesting approval of Inter Local Agreement by and between the Hidalgo County Drainage District No.1, Hidalgo County Pct. 3 and the City of Mission as it relates to Tierra Dorada Drainage Improvement Project. (Subject to final legal review) (Audio Reference 05m:26s)
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.C.
Vote: 4 - 0 – Unanimously
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.C.
Vote: 4 - 0 – Unanimously
Attachments:
D.
AI -83203
Requesting approval of Inter Local Agreement by and between the Hidalgo County Drainage District No.1, Hidalgo County Pct. 3 and the City of Alton as it relates to Glasscock Rd. Mile 4 to Mile 5 Area Drainage Improvements Project. (Subject to final legal review) (Audio Reference 05m:40s)
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: 4 - 0 – Unanimously
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: 4 - 0 – Unanimously
Attachments:
E.
AI -83191
1.) Requesting approval of Inter Local Agreement by and between the Hidalgo County Drainage District No.1 and Hidalgo and Cameron Counties Irrigation District No.9 as it relates to the sell of (2) Drainage District owned New Holland TS6-130 Tractors with 30' Alamo Boom Mowers. (Subject to final legal review) (Audio Reference 06m:00s)
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.E.1.
Vote: 4 - 0 – Unanimously
2.) Pursuant to the Boards approval, Requesting approval to remove the following from the District's asset list:
Serial No. Asset # Description
NT00223M 1846-16 2016 New Holland TS6-130 Tractor w/30' Boom Mower
NT00224M 1847-16 2016 New Holland TS6-130 Tractor w/30' Boom Mower (Audio Reference 06m:21s)
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.E.2.
Vote: 4 - 0 – Unanimously
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.E.1.
Vote: 4 - 0 – Unanimously
2.) Pursuant to the Boards approval, Requesting approval to remove the following from the District's asset list:
Serial No. Asset # Description
NT00223M 1846-16 2016 New Holland TS6-130 Tractor w/30' Boom Mower
NT00224M 1847-16 2016 New Holland TS6-130 Tractor w/30' Boom Mower (Audio Reference 06m:21s)
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.E.2.
Vote: 4 - 0 – Unanimously
Attachments:
F.
AI -83196
1.) Requesting authorization to negotiate Professional Legal Services Agreement with Caso Law Firm, PLLC as it relates to Legal Services for condemnation matters on an as needed basis as per Texas Water Code Section 49.057 (d). (Audio Reference 06m:51s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 5.F.1.
Vote: 4 - 0 – Unanimously
2.) Requesting authorization to negotiate Professional Legal Services Agreement with Perez Law Firm as it relates to Legal Services for condemnation matters on an as needed basis as per Texas Water Code Section 49.057 (d). (Audio Reference 07m:10s)
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.F.2.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 5.F.1.
Vote: 4 - 0 – Unanimously
2.) Requesting authorization to negotiate Professional Legal Services Agreement with Perez Law Firm as it relates to Legal Services for condemnation matters on an as needed basis as per Texas Water Code Section 49.057 (d). (Audio Reference 07m:10s)
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.F.2.
Vote: 4 - 0 - Unanimously
G.
AI -83221
1. Requesting approval to accept CSP response and award a negotiated Construction Contract to the highest ranked Contractor meeting all specified requirements, Saenz Brothers Construction LLC, for CSP No. HCDD1-21-044-11-02 "San Carlos-83rd St. - 87th St. Drainage Improvements Outfall," in the amount not to exceed $655,547.00 as approved for negotiations by the Board of Directors on Agenda Item No. 82632 on October 5, 2021. (Subject to Legal review and Compliance with HB1295). (Audio Reference 07m:26s)
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.G.1.
Vote: 4 - 0 - Unanimously
2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve and increase or decrease in cost of $50,000 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 consent of the contractor. (Audio Reference 07m:55s)
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.G.2.
Vote: 4 - 0 – Unanimously
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.G.1.
Vote: 4 - 0 - Unanimously
2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve and increase or decrease in cost of $50,000 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 consent of the contractor. (Audio Reference 07m:55s)
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.G.2.
Vote: 4 - 0 – Unanimously
Attachments:
H.
AI -83182
Acceptance and approval of Work Authorization No. 7 in the amount of $64,111.93 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, "K-07-02 Drainage Improvements Outfall." (Subject to Legal Review) (Audio Reference 08m: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 5.H.
Vote: 4 - 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.H.
Vote: 4 - 0 – Unanimously
Attachments:
I.
AI -83175
1. Requesting approval of Supplemental No. 1 to the Construction Material Testing Services contract (C-HCDD1-21-020-05-25) with Raba Kistner, Inc., for Hidalgo County Drainage District No. 1 Projects, to include Geo Technical Services Rates to Exhibit "C"- (subject to Legal Review). (Audio Reference 08m:35s)
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.I.1.
Vote: 4 - 0 – Unanimously
2. Acceptance and approval of Work Authorization No. 1 in the amount of $19,250.00 as submitted by Raba Kistner, Inc., through Contract No. C-HCDD1-21-020-05-25 to provide Geo Technical and Construction Material Testing Services, "USIBWC Ditch 18B Drainage Improvements." (Subject to Legal Review) (Audio Reference 08m:53s)
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.I.2.
Vote: 4 - 0 – Unanimously
3. Acceptance and approval of Work Authorization No. 2 in the amount of $18,975.00 as submitted by Raba Kistner, Inc. through Contract No. C-HCDD1-21-020-05-25 to provide Geo-Technical and Construction Material Testing Services," Ditch 2 Gate Structure Improvements." (Audio Reference 09m:12s)
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.I.3.
Vote: 4 - 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.I.1.
Vote: 4 - 0 – Unanimously
2. Acceptance and approval of Work Authorization No. 1 in the amount of $19,250.00 as submitted by Raba Kistner, Inc., through Contract No. C-HCDD1-21-020-05-25 to provide Geo Technical and Construction Material Testing Services, "USIBWC Ditch 18B Drainage Improvements." (Subject to Legal Review) (Audio Reference 08m:53s)
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.I.2.
Vote: 4 - 0 – Unanimously
3. Acceptance and approval of Work Authorization No. 2 in the amount of $18,975.00 as submitted by Raba Kistner, Inc. through Contract No. C-HCDD1-21-020-05-25 to provide Geo-Technical and Construction Material Testing Services," Ditch 2 Gate Structure Improvements." (Audio Reference 09m:12s)
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.I.3.
Vote: 4 - 0 – Unanimously
J.
AI -83060
Requesting approval to purchase one (1) Skid Steer T76 T4 Bobcat Compact Track Loader from Clark Equipment Co., dba Bobcat Company through the Hidalgo County Drainage District No. 1 membership/participation with BuyBoard awarded Contract No. 597-19, for the total amount of $61,144.88.
(Subject to compliance with HB-1295). (Audio Reference 09m:33s)
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.J.
Vote: 4 - 0 – Unanimously
(Subject to compliance with HB-1295). (Audio Reference 09m:33s)
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.J.
Vote: 4 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -83161
Requesting authority to advertise and approval of RFB packet (requirements, specifications and plans) developed by Project Engineer, B2Z Engineering, LLC, for the project, "Mission-McAllen Rado Alternate-Phase II-2018 Bond Referendum Project #25" -RFB No. HCDD1-21-053-00-00-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 09m:33s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.A.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.A.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -83195
1. Requesting approval of Supplemental Agreement No. 3 to the Professional Engineering Services Contract (C-HCDD1-19-042-08-13), with Izaguirre Engineering Group, LLC, for the project: "Sunflower Drain - 2018 Bond Referendum Project #36", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of May 15, 2022, (subject to Legal review and compliance with HB1295). (Audio Reference 10m:22s)
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.B.1.
Vote: 4 - 0 – Unanimously
2. Requesting approval of Supplemental Agreement No. 3 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-042-08-13), with Izaguirre Engineering Group, LLC, for the project: "Sunflower Drain - 2018 Bond Referendum Project #36", to reflect a revised period of service to end on May 15 , 2022, (subject Legal review and compliance with HB1295). (Audio Reference 10m:46s)
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.B.2.
Vote: 4 - 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.B.1.
Vote: 4 - 0 – Unanimously
2. Requesting approval of Supplemental Agreement No. 3 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-042-08-13), with Izaguirre Engineering Group, LLC, for the project: "Sunflower Drain - 2018 Bond Referendum Project #36", to reflect a revised period of service to end on May 15 , 2022, (subject Legal review and compliance with HB1295). (Audio Reference 10m:46s)
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.B.2.
Vote: 4 - 0 – Unanimously
Attachments:
C.
AI -83199
Hidalgo Drain - Budget 513
1. Approval of Certificate of Substantial Completion and Certificate of Construction Completion from Mor-Wil, LLC, pertaining to Construction Contract No. HCDD1-20-001-02-11 Hidalgo Drain. (Audio Reference 11m:05s)
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.1.
Vote: 4 - 0 – Unanimously
2. Approval of Application for Payment Retainage in the amount of $49,471.86 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-001-02-11 Hidalgo Drain. (Audio Reference 11m: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 6.C.2.
Vote: 4 - 0 – Unanimously
J-08 Drain - Budget 515
3. Approval of Application for Payment No. 1 in the amount of $120,555.00 from RDH Site & Concrete, LLC pertaining to construction contract HCDD1-21-024-07-27. Project Engineer HCDD1 PO#642615 (Audio Reference 11m:44s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.C.3.
Vote: 4 - 0 - Unanimously
Mile 9 N & FM 1015 - Budget 524
4. Approval of Application for Payment No. 9 in the amount of $253,275.95 from Mor-Wil, LLC pertaining to construction contract HCDD1-20-039-08-25. Project Engineer Halff Associates PO#640715 (Audio Reference 12m:08s)
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.C.4.
Vote: 4 - 0 – Unanimously
1. Approval of Certificate of Substantial Completion and Certificate of Construction Completion from Mor-Wil, LLC, pertaining to Construction Contract No. HCDD1-20-001-02-11 Hidalgo Drain. (Audio Reference 11m:05s)
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.1.
Vote: 4 - 0 – Unanimously
2. Approval of Application for Payment Retainage in the amount of $49,471.86 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-001-02-11 Hidalgo Drain. (Audio Reference 11m: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 6.C.2.
Vote: 4 - 0 – Unanimously
J-08 Drain - Budget 515
3. Approval of Application for Payment No. 1 in the amount of $120,555.00 from RDH Site & Concrete, LLC pertaining to construction contract HCDD1-21-024-07-27. Project Engineer HCDD1 PO#642615 (Audio Reference 11m:44s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.C.3.
Vote: 4 - 0 - Unanimously
Mile 9 N & FM 1015 - Budget 524
4. Approval of Application for Payment No. 9 in the amount of $253,275.95 from Mor-Wil, LLC pertaining to construction contract HCDD1-20-039-08-25. Project Engineer Halff Associates PO#640715 (Audio Reference 12m:08s)
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.C.4.
Vote: 4 - 0 – Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -83204
Delta Area Watershed Development - Budget 360
Approval of Application for Payment No. 5 in the amount of $42,256.80 from Saenz Brothers Construction, LLC, pertaining to Construction Contract HCDD1-20-038-09-08. Project Engineer HCDD1 PO#640783 (Audio Reference 12m: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 7.A.
Vote: 4 - 0 – Unanimously
Approval of Application for Payment No. 5 in the amount of $42,256.80 from Saenz Brothers Construction, LLC, pertaining to Construction Contract HCDD1-20-038-09-08. Project Engineer HCDD1 PO#640783 (Audio Reference 12m: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 7.A.
Vote: 4 - 0 – Unanimously
Attachments:
8.
Human Resources:
A.
AI -83219
1. Approval of the following personnel actions, effective upon District Board approval:
(Audio Reference 12m:49s)
Raul Sesin state a correction to the second item listed for deletion. The Slot No. should have been listed as 2, and not 5, the Current Position should have been listed as an Engineer IV, and not an Engineer III, and lastly, the grade should have been listed as 21, and not 20.
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 8.A.1, with noted corrections.
Vote: 4 - 0 – Unanimously
2. Approval to revise the Classified Position List to add new position Assistant District General Manager and to delete Engineer III and Right of Way Agent. (Audio Reference 13m:32s)
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 8.A.2, with noted corrections.
Vote: 4 - 0 – Unanimously
3. Approval to exempt the Assistant District General Manager from the Classification and Compensation Plan. (Audio Reference 13m: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 item 8.A.3, with noted corrections.
Vote: 4 - 0 – Unanimously
4. Approval of revised salary schedule for the above action items. (Audio Reference 14m:09s)
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 8.A.4, with noted corrections.
Vote: 4 - 0 – Unanimously
| Action | Slot No. | Current Position | Current Grade | Proposed Salary |
| Delete Position | 41 | Right of Way Agent | 15 | $0.00 |
| Delete Position | 5 | Engineer III | 20 | $0.00 |
| Create Position | 5 | Assistant District General Manager | N/A | $175,000.00 |
(Audio Reference 12m:49s)
Raul Sesin state a correction to the second item listed for deletion. The Slot No. should have been listed as 2, and not 5, the Current Position should have been listed as an Engineer IV, and not an Engineer III, and lastly, the grade should have been listed as 21, and not 20.
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 8.A.1, with noted corrections.
Vote: 4 - 0 – Unanimously
2. Approval to revise the Classified Position List to add new position Assistant District General Manager and to delete Engineer III and Right of Way Agent. (Audio Reference 13m:32s)
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 8.A.2, with noted corrections.
Vote: 4 - 0 – Unanimously
3. Approval to exempt the Assistant District General Manager from the Classification and Compensation Plan. (Audio Reference 13m: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 item 8.A.3, with noted corrections.
Vote: 4 - 0 – Unanimously
4. Approval of revised salary schedule for the above action items. (Audio Reference 14m:09s)
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 8.A.4, with noted corrections.
Vote: 4 - 0 – Unanimously
9.
Right of Way Acquisitions:
A.
AI -83226
Requesting approval to execute a Real Property Trade Agreement with David Torres and Elesvia M. Torres as authorized under Texas Local Government Code §272.001. and authorize the chairman of the board to execute all closing documents, subject to final legal review. (Audio Reference 14m:16s)
Commissioner Torres abstained from any discussion and/or action on agenda item 9.A.
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 9.A.
Vote: 3 - 0 – Unanimously
Commissioner Torres abstained from any discussion and/or action on agenda item 9.A.
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 9.A.
Vote: 3 - 0 – Unanimously
Attachments:
B.
AI -83207
Discussion and possible action to accept quitclaim deed from Diana L. Izaguirre for The South 234.0 feet Drainage Pond area of Lot 28, La Homa Meadows Phase II, Hidalgo County, Texas according to the Map or Plat thereof recorded in Volume 28, Page 48B, Map Records of Hidalgo County, Texas. (Audio Reference 14m: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 9.B.
Vote: 4 - 0 - Unanimously
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.B.
Vote: 4 - 0 - Unanimously
Attachments:
C.
AI -83208
Requesting approval of Interlocal Cooperation Agreement with Hidalgo County Irrigation District No. 1 as it relates to the La Joya Watershed project, subject to final legal review. (Audio Reference 15m: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 9.C.
Vote: 4 - 0 - Unanimously
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.C.
Vote: 4 - 0 - Unanimously
Attachments:
10.
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:20s)
The Board proceeded into closed session with a vote of approval at 9:30 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: 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 15m:20s)
The Board proceeded into closed session with a vote of approval at 9:30 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: 4 - 0 - Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference agenda item 11.A.
Reference agenda item 11.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference agenda item 11.B.
Reference agenda item 11.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 10.C.
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 10.C.
1.
AI -83228
Consultation with legal counsel regarding CCD-0593-F, Hidalgo County Drainage District No. 1. Vs. Santa Cruz Irrigation District No. 15
Reference agenda item 11.B.1.
Reference agenda item 11.B.1.
2.
AI -83224
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.
Reference agenda item 11.B.2.
Reference agenda item 11.B.2.
3.
AI -83225
Consultation with legal counsel regarding legal issues related to depository agreement.
Reference agenda item 11.B.3.
Reference agenda item 11.B.3.
11.
Open Session: (Audio Reference 15m:53s)
The Board returned from closed session at 10:03 A.M., and proceeded with agenda item 11.A.
Commissioner Cantu joined the meeting.
The Board returned from closed session at 10:03 A.M., and proceeded with agenda item 11.A.
Commissioner Cantu joined the meeting.
A.
Possible Action of Real Estate Acquisition (Audio Reference 16m:08s)
Legal Counselor, Ivan Perez, requested a motion to allow the administration to proceed as discussion in closed session.
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 11.A, with the request stated above.
Vote: 5 - 0 - Unanimously
The Board proceeded to agenda item 11.B.1. (Audio Reference 16m:21s)
Legal Counselor, Ivan Perez, requested a motion to allow the administration to proceed as discussion in closed session.
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 11.A, with the request stated above.
Vote: 5 - 0 - Unanimously
The Board proceeded to agenda item 11.B.1. (Audio Reference 16m:21s)
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 11.B.
No action was taken on agenda item 11.B.
1.
AI -83213
Consultation with legal counsel regarding CCD-0593-F, Hidalgo County Drainage District No. 1. Vs. Santa Cruz Irrigation District No. 15 (Audio Reference 16m:21s)
Legal Counselor, Ivan Perez, requested a motion to authorize counsel to proceed as discussion in closed session.
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 11.B.1, with the request stated above.
Vote: 5 - 0 – Unanimously
Legal Counselor, Ivan Perez, requested a motion to authorize counsel to proceed as discussion in closed session.
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 11.B.1, with the request stated above.
Vote: 5 - 0 – Unanimously
2.
AI -83234
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. (Audio Reference 16m:43s)
No action was taken on agenda item 11.B.2.
No action was taken on agenda item 11.B.2.
3.
AI -83235
Consultation with legal counsel regarding legal issues related to depository agreement. (Audio Reference 16m:47s)
Legal Counselor, Ivan Perez, requested a motion to authorize counsel to proceed as discussion in closed session.
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 on agenda item 11.B.3, with the request stated above.
Vote: 5 - 0 – Unanimously
Legal Counselor, Ivan Perez, requested a motion to authorize counsel to proceed as discussion in closed session.
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 on agenda item 11.B.3, with the request stated above.
Vote: 5 - 0 – Unanimously
12.
Adjourn (Audio Reference 16m:56s)
Judge Cortez adjourned the meeting with a vote of approval at 10:03 A.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
Judge Cortez adjourned the meeting with a vote of approval at 10:03 A.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 2nd day of November, 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 November 2, 2021.
Signed this 4th day of November 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 2nd day of November, 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 November 2, 2021.
Signed this 4th day of November 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy