REGULAR MEETING - September 24, 2019
BE IT REMEMBERED, that on this 24th day of September A.D., 2019, there was begun and held a REGULAR 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 24, 2019 1:30 P.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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 1:33 p.m.
All Board Members were present during roll call.
Chairman Richard Cortez called the meeting to order at 1:33 p.m.
All Board Members were 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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
The court moved to approve the entire consent agenda.
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
5.
General Operations:
A.
AI -72389
A. Public Hearing on Hidalgo County Drainage District No. 1 - 2020 Proposed Budget.
Chairman Richard Cortez opened the public hearing at 1:36 p.m. There were no available public comments. The public hearing was closed at 1:36 p.m.
B. Approval of Order setting the 2019 Hidalgo County Drainage District No.1 Tax Rate at .1051 per $100 valuation (Maintenance and Operation tax rate is .0524 and Debt Service tax rate is .0527)
Board Member Eduardo "Eddie" Cantu made a motion for the property tax to be increased by the adoption of the tax rate of .1051 which is effectively a 14.12% increase in the tax rate.
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
C. Discussion, consideration and action or changes "if any" and the Adoption of the Hidalgo County Drainage District No. 1 2020 Annual Budget.
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
D. Approval to set salaries for District Employees and Travel Allowances for Board Members and realign slot numbers.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Chairman Richard Cortez opened the public hearing at 1:36 p.m. There were no available public comments. The public hearing was closed at 1:36 p.m.
B. Approval of Order setting the 2019 Hidalgo County Drainage District No.1 Tax Rate at .1051 per $100 valuation (Maintenance and Operation tax rate is .0524 and Debt Service tax rate is .0527)
Board Member Eduardo "Eddie" Cantu made a motion for the property tax to be increased by the adoption of the tax rate of .1051 which is effectively a 14.12% increase in the tax rate.
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
C. Discussion, consideration and action or changes "if any" and the Adoption of the Hidalgo County Drainage District No. 1 2020 Annual Budget.
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
D. Approval to set salaries for District Employees and Travel Allowances for Board Members and realign slot numbers.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI -72454
Discussion, consideration and authorization for Drainage District’s General Manager and Board Members David L. Fuentes and Ellie Torres to submit comments to the Texas General Land Office regarding the State of Texas Action Plan for Community Development Block Grant Mitigation Funds.
Board Member David Fuentes updates the Board of the importance of this Grant to the County. He stated he is doing his part in advocating on behalf of the County and its needs both for the Drainage District as well as for Commissioners Court. He highlighted the needs that are critical for our area such as infrastructure improvements within the drainage system.
Board Member David Fuentes updates the Board of the importance of this Grant to the County. He stated he is doing his part in advocating on behalf of the County and its needs both for the Drainage District as well as for Commissioners Court. He highlighted the needs that are critical for our area such as infrastructure improvements within the drainage system.
C.
AI -72430
Requesting approval of Supplemental Agreement No. 1 to the current agreement for "On Call Professional Construction Materials Testing Services" (No. C-HCDD1-19-033-05-07) with B2Z Engineering, LLC, for the purpose of amending the agreement to modify the services billing process.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, 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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
D.
AI -72418
Requesting approval of Supplemental Agreement No. 1 to the current agreement for "On Call Professional Construction Materials Testing Services" (No. C-HCDD1-17-056-11-07) with L&G Consulting Engineers, Inc., dba L&G Engineering, for the purpose of amending the agreement to modify the services billing process.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, 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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
E.
AI -72429
Requesting approval of Supplemental Agreement No. 1 to the current agreement for "On Call Professional Construction Materials Testing Services" (No. C-HCDD1-19-031-04-09) with Millennium Engineers Group, Inc., for the purpose of amending the agreement to modify the services billing process.
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
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
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -72438
Approval of Budget Amendments to fund 2018 Bond Program Projects specific accounts as contracts and work authorizations are being approved. Funds are being transferred from the Undistributed account of the 2019 Bond Series Proceeds.
1. Budget 536 Sunflower Drain. Approval of Budget Amendment in the amount of $575,015.58
2. Budget 531 Pharr-McAllen Drain Approval of Budget Amendment in the amount of $19,500.00
3. Budget 513 Hidalgo Drain. Approval of Budget Amendment in the amount of $214,896.22.
Vote is for 1-3
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
1. Budget 536 Sunflower Drain. Approval of Budget Amendment in the amount of $575,015.58
2. Budget 531 Pharr-McAllen Drain Approval of Budget Amendment in the amount of $19,500.00
3. Budget 513 Hidalgo Drain. Approval of Budget Amendment in the amount of $214,896.22.
Vote is for 1-3
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
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -72401
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Budget: 365-Rural Drainage Development Pct.4
1.Acceptance of Certificate of Substantial Completion and Certificate of Completion from Filegonia Site Contractors, LLC pertaining to Construction Contract No. HCDD1-18-060-12-11-RCW Drainage Improvements.
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 Application for Payment No. 4 Retainage in the amount of $33,099.23 from Filegonia Site Contractors pertaining to Construction Contract No. HCDD1-18-060-12-11 Pct.4 RCW Subdivision Drainage Improvements.
Project Engineer: Jose Noe Saldivar, P.E., -HCDD1. PO#636639
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
Budget: 365-Rural Drainage Development Pct.4
1.Acceptance of Certificate of Substantial Completion and Certificate of Completion from Filegonia Site Contractors, LLC pertaining to Construction Contract No. HCDD1-18-060-12-11-RCW Drainage Improvements.
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 Application for Payment No. 4 Retainage in the amount of $33,099.23 from Filegonia Site Contractors pertaining to Construction Contract No. HCDD1-18-060-12-11 Pct.4 RCW Subdivision Drainage Improvements.
Project Engineer: Jose Noe Saldivar, P.E., -HCDD1. PO#636639
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:
B.
AI -72403
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions: Jackson Drain Improvement-Budget: 310
1. Application for Payment No. 2 in the amount of $23,746.13 from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-18-048-09-25
Project Engineer: Jose N. Saldivar, P.E.-HCDD1 PO#636129-19
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
1. Application for Payment No. 2 in the amount of $23,746.13 from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-18-048-09-25
Project Engineer: Jose N. Saldivar, P.E.-HCDD1 PO#636129-19
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
Attachments:
C.
AI -72404
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions: J09 Drainage Improvements-Budget 300
1.Application for payment No. 9 in the amount of $24,154.76 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-020-05-08 J09 Drainage Improvements Phase III.
Project Engineer: Eric Dietrich, P.E.-Tedsi Infrastructure Group
PO#634761
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
1.Application for payment No. 9 in the amount of $24,154.76 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-020-05-08 J09 Drainage Improvements Phase III.
Project Engineer: Eric Dietrich, P.E.-Tedsi Infrastructure Group
PO#634761
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
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:
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 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:
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
B.
Personnel Matters (Tex. Gov't Code 551.074)
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)
9.
Open Session:
A.
Possible Action of Real Estate Acquisition
Proceed as directed.
Proceed as directed.
B.
Possible Action on Pending and/or Potential Litigation
No action taken on this item.
No action taken on this item.
10.
Adjourn
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, 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 24th 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 24, 2019.
Signed this 24th 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 24th 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 24, 2019.
Signed this 24th 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