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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - DECEMBER 14, 2021

BE IT REMEMBERED, that on this 14th day of December 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
DECEMBER 14, 2021
9:30 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 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 :03s)

Judge Cortez called the meeting to order at 9:30 A.M.

All members of the Board were present during the roll call, except Commissioner Torres and Commissioner Fuentes.

Commissioner Torres and Commissioner Fuentes joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference :15s)

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

Commissioner Torres joined the meeting.
 
3.
 
Open Forum (Audio Reference 02m:13s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:29s)

The Board proceeded with the approval of the Consent Agenda.

See the Drainage District - Consent Agenda for the action taken.
 
5.
 
General Operations:
 
A.
AI -83808
1. Approval of Hidalgo County Drainage District No. 1 Investment Policy; (Audio Reference 02m:50s)

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.A.1.

Vote: 4 - 0 -Unanimously 

2. Approval of resolution for Texas Fixed Income Trust Investment Pools; (Audio Reference 04m:09s)

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.A.2.

Vote: 4 - 0 -Unanimously 

3. Approval of Hidalgo County Drainage District No. 1 Authorized Dealer list. (Audio Reference 04m: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.A.3.

Vote: 4 - 0 -Unanimously 
 
B.
AI -83800
1. Requesting approval of Consent to Assignment from Arguindegui Oil Co. II, Ltd. to Offen Petroleum, LLC in connection with Requirements Agreement C-HCDD1-21-041A-11-16. (Audio Reference 04m:43s)

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: 4 - 0 -Unanimously 

2. Approval of Amendment to Requirements Agreement for LUBRICANTS, ANTI-FREEZE, GREASE, HYDRAULIC FLUIDS AND RELATED PRODUCTS C-HCDD1-21-041A-11-16 with Arguindegui Oil Co. II, Ltd. and Offen Petroleum, LLC. (Audio Reference 05m:06s)

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 5.B.2.

Vote: 4 - 0 -Unanimously
 
C.
AI -83817
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services. (Audio Reference 05m:27s)

Commissioner Fuentes joined the meeting.

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.C.1.

Vote: 5 - 0 -Unanimously 

2. Presentation of scoring grid of firms graded through the District's "Pool" of pre-qualified Professional Engineers for the purpose of ranking by HCDD1 Board of Directors in connection with Professional Services for, "Glasscock Road from Mile 4 to Mile 5 Stormwater Management," required for Hidalgo County Drainage District Projects;
(C-HCDD1-21-057-00-00    
FIRM NAME: SCORE: RANK:
J&R Engineering, LLC 91.50 1
Perez Consulting Engineers 89.50 2
Alpha Infrastructure 84.50 3

(Audio Reference 05m:42s)

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 5.C.2.

Vote: 5 - 0 – Unanimously

3. Pursuant to the Boards approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Professional Services Agreement with the number one (1) ranked firm of: J&R Engineering, LLC for the provisions of Professional Services for, "Glasscock Road from Mile 4 to Mile 5 Stormwater Management" for Hidalgo County Drainage District Projects. (Audio Reference 06m:13s)

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 5.C.3.

Vote: 5 - 0 – Unanimously
 
D.
AI -83819
1.  Acceptance and approval of an Engagement Agreement with Caso Law Firm, PLLC (C-HCDD1-21-055-12-14) in connection with legal services for condemnation and related matters on an as needed basis, and as approved for negotiation on 11/02/21. (Subject to Legal Review) (Audio Reference 06m:35s)

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.D.1.

Vote: 5 - 0 - Unanimously 

2. Acceptance and approval of an Engagement Agreement with Perez Law Firm, PLLC (C-HCDD1-21-056-12-14) in connection with legal services for condemnation and related matters on an as needed basis, and as approved for negotiation on 11/02/21. (Subject to Legal Review) (Audio Reference 07m:42s)

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 5.C.3.

Vote: 5 - 0 – Unanimously
 
E.
AI -83826
Acceptance and approval of Work Authorization No. 4 in the amount of $23,807.75 as submitted by Millennium Engineers Group, Inc., through Contract No. C-HCDD1-21-021-05-25 to provide Construction Material Testing Services for the project: "Y Drain Phase I, Tower Road between Rogers and Monte Cristo, Curry Drain and Valverde Rd. Crossing". (Subject to Legal Review) (Audio Reference 08m:00s)

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.E.
            
Vote: 5 - 0 – Unanimously
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -83844
A. Requesting approval of closing documents for Parcel 10A-5 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for the Chairman of the Board to execute documents, subject to final legal review.
B. Requesting approval of closing documents for Parcel 10A-8 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for the Chairman of the Board to execute documents, subject to final legal review.
C. Requesting approval of closing documents for Parcel 10A-13 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 08m: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 item 6.A through C.
            
Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI -83801
Requesting acceptance and approval of Work Authorization No. 7 for the, "South Lateral Drain Storm Water Management," in the amount of $275,754.28, through awarded On-Call Professional Engineering Agreement No. C-HCDD1-17-051-09-19, with B2Z Engineering, LLC. (Subject to Legal Review) (Audio Reference 09m:16s)

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 6.B.

Vote: 5 - 0 – Unanimously
 
C.
AI -83807
Mission Lateral - Budget 526
1. Approval of Application for Payment No. 7 in the amount of $172,782.00 from H&R Lease Service, LLC pertaining to Construction Contract HCDD1-20-042-09-08. Project Engineer L&G Engineering PO#640759-21 (Audio Reference 09m:39s)

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.C.1.

Vote: 5 - 0 – Unanimously

South Lateral Drain - Budget 534
2. Approval of Application for Payment No. 8 in the amount of $271,395.90 pertaining to Construction Contract HCDD1-20-009-07-07. Project Engineer L&G Engineering PO#640528 (Audio Reference 09m:57s)

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.C.2.
            
Vote: 5 - 0 – Unanimously
Attachments:
 
7.
 
Human Resources:
 
A.
AI -83834
Discussion and update as it relates to the Districts' implementation of a new timekeeping and human resource software UKG Kronos. (Audio Reference 10m:16s)

Human Resource Specialist with Hidalgo County Drainage District No.1, Patty Rodriguez, presented the update to the Board.

On motion by COMMISSIONER PCT. 2, EDUARDO "EDDIE" CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO "EVER" , the Board made a UNANIMOUS vote of approval on agenda item 7.A.
            
Vote: 5 - 0 – Unanimously
 
B.
AI -83849
1.) Approval to create new classifications of Shredder Operator I, II, III, and IV and set grade classification at  6, 7, 8 and 9 respectively. (Audio Reference 14m:57s)

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 7.B.1.
            
Vote: 5 - 0 – Unanimously

2.) Approval of the following personnel actions, effective the first full pay-period in 2022:
 
Action  Dept. No.  Current Slot  Current Position Title  Current Grade  Requested Position Title Requested Grade
Re-Classification  000 65 Equipment Operator II 8 Shredder Operator IV 9
Re-Classification 000 69 Equipment Operator II 8 Shredder Operator IV 9
Re-Classification 000 70 Equipment Operator II 8 Shredder Operator IV 9
Re-Classification 000 71 Equipment Operator II 8 Shredder Operator IV 9
Re-Classification 000 72 Equipment Operator II 8 Shredder Operator IV 9
Re-Classification 000 73 Equipment Operator II 8 Shredder Operator IV 9
Re-Classification 000 66 Equipment Operator II 8 Shredder Operator III 8
Re-Classification 000 74 Equipment Operator II 8 Shredder Operator III 8
Re-Classification 000 77 Equipment Operator II 8 Shredder Operator III 8
Re-Classification 000 88 Equipment Operator I 8 Shredder Operator III 8
Re-Classification 000 102 Equipment Operator I 8 Shredder Operator III 8
Re-Classification 000 87 Equipment Operator I 8 Shredder Operator III 8
Re-Classification 000 99 Equipment Operator I 8 Shredder Operator III 8
Re-Classification 000 82 Equipment Operator I 6 Shredder Operator II 7
Re-Classification 000 90 Equipment Operator I 6 Shredder Operator II 7
Re-Classification 000 96 Equipment Operator I 6 Shredder Operator II 7
Re-Classification 000 84 Equipment Operator I 6 Shredder Operator II 7
Re-Classification 000 86 Equipment Operator I 6 Shredder Operator II 7
Re-Classification 000 98 Equipment Operator I 6 Shredder Operator II 7
Re-Classification 000 80 Equipment Operator I 6 Shredder Operator I 6
Re-Classification 000 81 Equipment Operator I 6 Shredder Operator I 6
Re-Classification 000 93 Equipment Operator I 6 Shredder Operator I 6
Re-Classification 000 91 Equipment Operator I 6 Shredder Operator I 6
Re-Classification 000 92 Equipment Operator I 6 Shredder Operator I 6
Re-Classification 000 95 Equipment Operator I 6 Shredder Operator I 6
Re-Classification 000 100 Equipment Operator I 6 Shredder Operator I 6
Re-Classification 000 103 Equipment Operator I 6 Shredder Operator I 6
Re-Classification 000 85 Equipment Operator I 6 Shredder Operator I 6
Re-Classification 000 89 Equipment Operator I 6 Shredder Operator I 6
Re-Classification 000 97 Equipment Operator I 6 Shredder Operator I 6
Re-Classification 000 97 Equipment Operator I 6 Shredder Operator I 6
Re-Classification 000 106 Equipment Operator I 6 Shredder Operator I 6














































































(Audio Reference 16m: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 7.B.2.

Vote: 5 - 0 - Unanimously
 
C.
AI -83853
Approval of the following personnel actions, effective December 20, 2021:
Action Dept. No.  Current Slot No. Current Position Title  Current Grade Requested Position Title  Requested Grade
Re-Classification  000 19 Engineering Tech IV 14 Engineering Tech I-IV 8,10,12 & 14
Re-Classification 000 27 Engineering Tech III 12 Engineering Tech I-IV 8,10,12 & 14

(Audio Reference 17m:03s)

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 7.C.
            
Vote: 5 - 0 – Unanimously
 
D.
AI -83847
Approval to remove and revise the step waiting period 8.045 (e) & (g) from the current Hidalgo County Drainage District No. 1 Classification and Compensation Plan to promote overall job retention with experienced workforce and motivate future hires. (Audio Reference 18m:16s)

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 7.D.

Vote: 5 - 0 – Unanimously
Attachments:
 
E.
AI -83848
Approval of the revised Hidalgo County Drainage District No. 1 Classified Position List. (Audio Reference 19m:20s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 7.E.

Vote: 5 - 0 -Unanimously 
Attachments:
 
8.
 
TCEQ Raymondville Drain Project Phase 2:
 
A.
AI -83832
1. Requesting approval to submit a Special Use Permit Application to the U.S. Fish and Wildlife Service and any subsequent forms as they relate to the Raymondville Drain Restore Act project and approval for the District General Manager to execute. (Subject to final legal review) (Audio Reference 19m:32s)

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.

Vote: 5 - 0 – Unanimously

2. Requesting approval of Environmental Compliance Verification certification letter as it relates to the Raymondville Drain Restore Act project and approval for the District General Manager to execute. (Audio Reference 19m:48s)

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 8.A.2.

Vote: 5 - 0 - Unanimously
 
9.
 
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 20m:01s)

The Board proceeded into closed session with a vote of approval at 9:50 A.M.

Commissioner Cantu stepped away from the meeting.

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 10.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference agenda item 10.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 9.C, as it was a closed session item.
 
1.
AI -83839
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 10.B.1.
 
2.
AI -83840
Consultation with Legal Counsel regarding legal issues related to Depository Agreement.

Reference agenda item 10.B.2.
 
10.
 
Open Session: (Audio Reference 20m:43s)

The Board returned from closed session at 10:16 A.M., and proceeded to agenda item 10.A.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 20m:50s)

Legal Counselor, Ivan Perez, recommended approval to authorize the administration to proceed as directed in closed session.

The Board proceeded with a vote of approval as recommended by Ivan Perez.

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 10.A with the comment stated above.

Vote: 5 - 0 -Unanimously

The Board proceeded to agenda item 11 - Adjournment. (Audio Reference 21m:14s)
 
B.
 
Possible Action on Pending and/or Potential Litigation
 
1.
AI -83841
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.

No action was taken on agenda item 10.B.1.
 
2.
AI -83842
Consultation with Legal Counsel regarding legal issues related to Depository Agreement.

No action was taken on agenda item 10.B.2.
 
11.
 
Adjourn (Audio Reference 21m:14s)

Judge Cortez adjourned the meeting with a vote of approval at 10:16 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 14th day of December 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 December 14, 2021.

Signed this 15th day of December 2021




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy