REGULAR MEETING - SEPTEMBER 27, 2022
BE IT REMEMBERED, that on this 27th day of September A.D., 2022, 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 EVERARDO "EVER" VILLARREAL HONORABLE ELLIE TORRES |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 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 27, 2022 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 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 :01s)
All members of the Board were present during the roll call, except for Commissioner Cantu.
Commissioner Cantu was absent.
All members of the Board were present during the roll call, except for Commissioner Cantu.
Commissioner Cantu was absent.
2.
Prayer (Audio Reference :15s)
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:14s)
There were no participants for Open Forum.
There were no participants for Open Forum.
4.
Approval of Consent Agenda (Audio Reference 02m:23s)
The Board proceeded with the approval of the Drainage District - Consent Agenda
See the Drainage District - Consent Agenda for the action taken.
Commissioner Fuentes stepped away from the meeting.
The Board proceeded with the approval of the Drainage District - Consent Agenda
See the Drainage District - Consent Agenda for the action taken.
Commissioner Fuentes stepped away from the meeting.
5.
General Operations:
A.
AI -87667
Hidalgo County Drainage District No.1 2023 Budget. (Audio Reference 02m:36s)
1. Discussion, consideration, and action on changes to the 2023 proposed Budget.
2. Adoption of the 2023 Annual Budget.
3. Approval of TCDRS Retirement rate of 14.19%
4. Approval of the Compensation Plan and Grade and Step Salary Schedule, effective January 1, 2023
5. Approval to set Salaries, Allowances, and other compensation for the District's 2023 calendar year Budget. (Audio Reference 02m:37s)
See attachment for agenda item 5.A.
Commissioner Fuentes rejoined the meeting.
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.A.1 through agenda item 5.A.5.
Vote: 4 - 0 – Unanimously
Adoption of Hidalgo County Drainage District No. 1 2022 Tax Rate.
1. Approval of Order setting the 2022 Hidalgo County Drainage District No. 1 Tax Rate at $0.1179 per $100.00 tax valuation. Maintenance and Operation Rate of $0.0500 and Debt Service Rate of $0.0679 per $100 tax valuation. (Audio Reference 03m: 52s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL that the property tax rate be increased by the adoption of a tax rate of 0.1179 which is effectively a 3.31% increase in the tax rate, seconded by COMMISSIONER PCT. 1, DAVID FUENTES
The Board proceeded with a roll call vote as follows:
Commissioner Pct. 1, David Fuentes voted - AYE
Commissioner Pct. 3, Everarado "Ever" Villarreal voted - AYE
Commissioner Pct. 4, Ellie Torres voted - AYE
County Judge, Richard Cortez voted - AYE
Vote: 4 - 0 – Unanimously
1. Discussion, consideration, and action on changes to the 2023 proposed Budget.
2. Adoption of the 2023 Annual Budget.
3. Approval of TCDRS Retirement rate of 14.19%
4. Approval of the Compensation Plan and Grade and Step Salary Schedule, effective January 1, 2023
5. Approval to set Salaries, Allowances, and other compensation for the District's 2023 calendar year Budget. (Audio Reference 02m:37s)
See attachment for agenda item 5.A.
Commissioner Fuentes rejoined the meeting.
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.A.1 through agenda item 5.A.5.
Vote: 4 - 0 – Unanimously
Adoption of Hidalgo County Drainage District No. 1 2022 Tax Rate.
1. Approval of Order setting the 2022 Hidalgo County Drainage District No. 1 Tax Rate at $0.1179 per $100.00 tax valuation. Maintenance and Operation Rate of $0.0500 and Debt Service Rate of $0.0679 per $100 tax valuation. (Audio Reference 03m: 52s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL that the property tax rate be increased by the adoption of a tax rate of 0.1179 which is effectively a 3.31% increase in the tax rate, seconded by COMMISSIONER PCT. 1, DAVID FUENTES
The Board proceeded with a roll call vote as follows:
Commissioner Pct. 1, David Fuentes voted - AYE
Commissioner Pct. 3, Everarado "Ever" Villarreal voted - AYE
Commissioner Pct. 4, Ellie Torres voted - AYE
County Judge, Richard Cortez voted - AYE
Vote: 4 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -87662
Anaquitas - Budget 508
1. Payment approval of Application for Payment No. 3 in the amount of $312,853.31 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-040-10-05 Anquitas. Project Engineer: B2Z Engineering, PO#643055
Pd Lateral (Phase I) - Budget 529
2. Acceptance and approval of Certificate of Substantial Completion from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-026-06-23 PD Lateral (Phase I).
3. Payment approval of Application for Payment No. 10 in the amount of $77,266.98 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-026-06-23 PD Lateral (Phase I). Project Engineer: Izaguirre Engineering Group, PO#640211
Sunflower Drain - Budget 536
4. Payment approval of Application for Payment No. 6 in the amount of $218,355.61 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-041-08-12 Sunflower Drain. Project Engineer: Izaguirre Engineering Group, PO#640784
K-07-02 Drain - Budget 542
5. Approval of Certificate of Construction Completion from Mor-Wil, LLC pertaining to construction contract C-HCDD1-21-049-10-19 K-07-02 Drain.
6. Payment approval of Application for Payment No. 5 Retainage in the amount of $82,268.45 plus $187.26 in interest pertaining to Construction Contract C-HCDD1-21-049-10-19 K-07-02 Drain. Project Engineer: B2Z Engineering, PO#643151 (Audio Reference 04m: 55s)
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.A.1 through agenda item 6.A.6.
Vote: 4 - 0 – Unanimously
1. Payment approval of Application for Payment No. 3 in the amount of $312,853.31 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-21-040-10-05 Anquitas. Project Engineer: B2Z Engineering, PO#643055
Pd Lateral (Phase I) - Budget 529
2. Acceptance and approval of Certificate of Substantial Completion from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-026-06-23 PD Lateral (Phase I).
3. Payment approval of Application for Payment No. 10 in the amount of $77,266.98 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-026-06-23 PD Lateral (Phase I). Project Engineer: Izaguirre Engineering Group, PO#640211
Sunflower Drain - Budget 536
4. Payment approval of Application for Payment No. 6 in the amount of $218,355.61 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-041-08-12 Sunflower Drain. Project Engineer: Izaguirre Engineering Group, PO#640784
K-07-02 Drain - Budget 542
5. Approval of Certificate of Construction Completion from Mor-Wil, LLC pertaining to construction contract C-HCDD1-21-049-10-19 K-07-02 Drain.
6. Payment approval of Application for Payment No. 5 Retainage in the amount of $82,268.45 plus $187.26 in interest pertaining to Construction Contract C-HCDD1-21-049-10-19 K-07-02 Drain. Project Engineer: B2Z Engineering, PO#643151 (Audio Reference 04m: 55s)
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.A.1 through agenda item 6.A.6.
Vote: 4 - 0 – Unanimously
Attachments:
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 06m: 25s)
The Board Proceeded into closed session with a vote of approval at 1:37 P.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 06m: 25s)
The Board Proceeded into closed session with a vote of approval at 1:37 P.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 item 8.A.
Reference item 8.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference item 8.B.
Reference 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, as it was a closed session item.
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, as it was a closed session item.
8.
Open Session: (Audio Reference 07m:07s)
The Board return from closed session at 1:56 P.M., and proceeded to the Open Session items.
The Board return from closed session at 1:56 P.M., and proceeded to the Open Session items.
A.
Possible Action of Real Estate Acquisition (Audio Reference 07m:07s)
Legal Counselor, Ivan Perez, recommended a motion to authorize Raul Sesin to proceed as discussed in closed session, with regard to Real Estate Acquisition.
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 8.A., as recommended.
Vote: 4 - 0 - Unanimously
Legal Counselor, Ivan Perez, recommended a motion to authorize Raul Sesin to proceed as discussed in closed session, with regard to Real Estate Acquisition.
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 8.A., as recommended.
Vote: 4 - 0 - Unanimously
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 8.B.
No action was taken on agenda item 8.B.
9.
Adjourn (Audio Reference 07m:31s)
Judge Cortez adjourned the meeting with a vote of approval at 1:57 P.M.
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 adjourn the meeting.
Vote: 4 - 0 – Unanimously
Judge Cortez adjourned the meeting with a vote of approval at 1:57 P.M.
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 adjourn the meeting.
Vote: 4 - 0 – Unanimously
There being no further business to come before said
Court, the meetings of the Commissioners Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 27th day of September 2022
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Karina Esparza, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on September 27, 2022.
Signed this 28th day of September 2022
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Karina Esparza, Deputy
Court, the meetings of the Commissioners Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 27th day of September 2022
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Karina Esparza, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on September 27, 2022.
Signed this 28th day of September 2022
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Karina Esparza, Deputy