SPECIAL MEETING - September 17, 2019
BE IT REMEMBERED, that on this 17th day of September A.D., 2019, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court 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 JOE M. FLORES 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 17, 2019 9:00 A.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners Court 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:
1.
Roll Call
Chairman Richard Cortez called the meeting to order at 9:04 a.m.
Board Member Eduardo "Eddie" Cantu and Board Member Joe Flores were not present during roll call.
Chairman Richard Cortez called the meeting to order at 9:04 a.m.
Board Member Eduardo "Eddie" Cantu and Board Member Joe Flores were not present during roll call.
2.
Prayer
Opening prayer was offered by Raul Sesin.
Opening prayer was offered by Raul Sesin.
3.
Open Forum
No action taken on this item.
No action taken on this item.
4.
Approval of Consent Agenda
The court moved to approve the entire consent agenda.
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
The court moved to approve the entire consent agenda.
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
5.
General Operations:
A.
AI -72233
Budget Process:
1. Second Public Hearing to discuss the 2019 proposed Tax Rate
Chairman Richard Cortez opened the floor for public comments at 9:05 a.m. There were no comments available. Chairman Richard Cortez closed the public hearing at 9:06 a.m.
2. Set date, time, and place to adopt the District's 2019 Tax Rate.
Adoption of the District's 2019 Tax Rate will be on September 24, 2019 at 1:30 p.m. at Commissioners Court located at 100 E. Cano Street, Edinburg, Tx.
3. Set date, time, and place to adopt the District's 2020 Annual Budget.
Adoption of the District's 2020 Annual Budget will be on September 24, 2019 at 1:30 p.m. at Commissioners Court located at 100 E. Cano Street, Edinburg, Tx.
Vote is for items 2-3.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0 – Unanimously
1. Second Public Hearing to discuss the 2019 proposed Tax Rate
Chairman Richard Cortez opened the floor for public comments at 9:05 a.m. There were no comments available. Chairman Richard Cortez closed the public hearing at 9:06 a.m.
2. Set date, time, and place to adopt the District's 2019 Tax Rate.
Adoption of the District's 2019 Tax Rate will be on September 24, 2019 at 1:30 p.m. at Commissioners Court located at 100 E. Cano Street, Edinburg, Tx.
3. Set date, time, and place to adopt the District's 2020 Annual Budget.
Adoption of the District's 2020 Annual Budget will be on September 24, 2019 at 1:30 p.m. at Commissioners Court located at 100 E. Cano Street, Edinburg, Tx.
Vote is for items 2-3.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0 – Unanimously
B.
AI -72320
Discussion, consideration and authorization for Drainage District's General Manager and Board Member David Fuentes to submit comments to the Texas Commission on Environmental Quality (“TCEQ”) regarding RESTORE Act’s Bucket 2 Funding.
Board Member Joe Flores joined the meeting.
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Board Member Joe Flores joined the meeting.
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
C.
AI -72237
Requesting approval to enter into a 12 months Extended Maintenance Agreement with Syn-Tech Systems, Inc. For the Fuel Master - Fuel Management System (Hardware & Software). Through the District's membership with Buyboard Contract No. 590-19.(Subject to HB1295).
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Attachments:
D.
AI -72236
Requesting authority to advertise and approval of RFB Packet (i.e., legal notice,specifications, draft contract etc.,) as attached hereto for: Hidalgo County Drainage District No. 1 -"Lubricants, Anti-freeze, Grease, Hydraulic Fluids and Related Products" (RFB No. HCDD1-19-066-10-09), including the re-advertisement of the Request for Bids in the event bids are rejected or no bids are received & products are still needed.
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Board Member Eduardo "Eddie" Cantu joined the meeting.
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Board Member Eduardo "Eddie" Cantu joined the meeting.
Attachments:
E.
AI -72270
Requesting authority to advertise and approval of procurement packet (i.e., legal notice,specifications, draft contract etc.,) as attached hereto for: Hidalgo County Drainage District No. 1 "Sale and Removal of Fill Dirt -Located at West Main Drain III (South of 5 Mile Ln, between Schuerbach Rd. and Moorfield Rd.)'', RFB No. HCDD1-19-068-10-09, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -72296
Pursuant to the current construction contract with Mor-Wil, LLC., requesting acceptance and approval of a request by contractor to permit the sub-contracting of: Texas Highway Systems, Inc., in connection with the project: "Hidalgo Drain (Military Road Crossing) -2018 Bond Referendum Project #13" Contract No. HCDD1-19-064-09-03 .
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -72246
Requesting authority to advertise and approval of plans and specifications developed by, Jose Noe Saldivar, P.E., HCDD1 Engineer II, for: “Chaparral Drain Extension Improvements (60 Inch RCP Jack & Boring Donna Irrigation Crossing)” -RFB No. HCDD1-19-069-10-09, including the re-advertising of project in the event no Bid responses are received and/or are rejected and project is still required.
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
8.
General Fund:
A.
AI -72266
1.) Requesting exemption from competitive bidding requirements under Texas Local Government Code, Chapter 262.024 (a)(7) (A)-"items for which competition is precluded because of existence of patents, copyrights, secret process or monopolies" in connection with DataWise Environmental Monitoring, Inc., for DataWise Products, Software Licenses, Updates/Upgrades, Maintenance, and Technical Support.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
2.) Approval of "Sole Source Declaration" for DataWise Environmental Monitoring Software, Inc., for the purchase of DataWise Products, Software Licenses, Updates/Upgrades, Maintenance, and Technical Support, with authority to purchase DataWise Software upgrade to Version 10 License and Support for a period of one year in the total amount of $ 4,500.00, and thereafter annually for as long as HCDD1 possess the software with Sole Source declaration to remain in effect unless otherwise revoked by the HCDD1 Board of Directors.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
2.) Approval of "Sole Source Declaration" for DataWise Environmental Monitoring Software, Inc., for the purchase of DataWise Products, Software Licenses, Updates/Upgrades, Maintenance, and Technical Support, with authority to purchase DataWise Software upgrade to Version 10 License and Support for a period of one year in the total amount of $ 4,500.00, and thereafter annually for as long as HCDD1 possess the software with Sole Source declaration to remain in effect unless otherwise revoked by the HCDD1 Board of Directors.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
9.
Closed Session:
Board of Directors may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
No action to be taken on this item.
Board of Directors may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
No action to be taken on this item.
A.
Real Estate Acquisition
B.
Pending or contemplated litigation; a settlement offer; and/or 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.
10.
Open Session:
A.
Real Estate Acquisition
B.
Pending and/or Potential Litigation
11.
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
12.
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
13.
Adjourn
Chairman Richard Cortez adjourned the meeting at 9:13 a.m.
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
Chairman Richard Cortez adjourned the meeting at 9:13 a.m.
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
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 17th day of September, 2019
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Melissa S. Montalvo, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on September 17, 2019.
Signed this 17th day of September 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Melissa S. Montalvo, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 17th day of September, 2019
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Melissa S. Montalvo, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on September 17, 2019.
Signed this 17th day of September 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Melissa S. Montalvo, Deputy