SPECIAL MEETING - November 5, 2019
BE IT REMEMBERED, that on this 5th day of November 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 November 5, 2019 9:30 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 (Audio Reference :45s)
Judge Cortez called the meeting to order at 9:30 A.M.
All members of the Court were present.
Judge Cortez called the meeting to order at 9:30 A.M.
All members of the Court were present.
2.
Prayer (Audio Reference 1m:27s)
The prayer was offered by Raul Sesin.
The prayer was offered by Raul Sesin.
3.
Open Forum (Audio Reference 2m:28s)
Participant Martha Sanchez, stated her gratitude towards the Court for the provided meetings that allow the public to maintain educated and informed about the decisions being made for the County.
Participant Martha Sanchez, stated her gratitude towards the Court for the provided meetings that allow the public to maintain educated and informed about the decisions being made for the County.
Attachments:
4.
Approval of Consent Agenda (Audio Reference 4m:20s)
Court proceeded to the approval of Consent Agenda
After the approval of the Consent Agenda, the Court proceeded to Item 5.B
Court proceeded to the approval of Consent Agenda
After the approval of the Consent Agenda, the Court proceeded to Item 5.B
5.
General Operations:
A.
AI -73056
Recognition of Hidalgo County Drainage District No.1 Employees; Frank Weller and Jaime Avitia for participating in the American Public Works Association 2nd Annual Equipment Roadeo held on October 26, 2019.
Commissioner Cantu did not come back from Closed Session, but later joined the meeting in Open Session Item 8.B
Raul Sesin stated that Mr. Weller and Mr. Avitia successfully competed in this event, which would be explained as the "Olympics" of operating heavy machinery. Mr. Sesin wanted to recognize these employees for their participation and their skills in operating heavy equipment.
The Court recognized their achievements.
No action was taken
Court proceeded to Open Session
Commissioner Cantu did not come back from Closed Session, but later joined the meeting in Open Session Item 8.B
Raul Sesin stated that Mr. Weller and Mr. Avitia successfully competed in this event, which would be explained as the "Olympics" of operating heavy machinery. Mr. Sesin wanted to recognize these employees for their participation and their skills in operating heavy equipment.
The Court recognized their achievements.
No action was taken
Court proceeded to Open Session
B.
AI -73078
Requesting approval to use Hidalgo County 2020 Holidays schedule as approved by Commissioners Court on October 22, 2019 (Audio Reference 5m:03s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 5.B
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 5.B
Vote: 5 - 0 – Unanimously
Attachments:
C.
AI -72990
Requesting approval to declare surplus for approximately 1,692.37 Cubic Yards 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 in as much as an attempt was made for the sale and removal, advertised for (2) weeks, and No Bids were received. (Audio Reference 5m:23s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 5.C
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 5.C
Vote: 5 - 0 - Unanimously
Attachments:
D.
AI -73052
Approval and acceptance of Letter of Engagement (LOE) for "Arbitrage Calculations Services" with Hidalgo County's selected and awarded firm: BLX Group, LLC, as allowed through the procured Hidalgo County RFQ 2019-109-06-12-YZV. (LOE reviewed and approved as to form by Legal). (Audio Reference 5m:51s)
Raul Sesin stated for the record the fees negotiated by the county: Arbitrage rebate and yield restriction report per issue per report is $1500.00, extra period fee for each year beyond the first year covered in report is $500.00, debt service funds; only rebate report on a 5 year bases is $3000.00, and optional services evaluating varies election in applications are to be negotiated separately.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 5.D
Vote: 5 - 0 - Unanimously
Raul Sesin stated for the record the fees negotiated by the county: Arbitrage rebate and yield restriction report per issue per report is $1500.00, extra period fee for each year beyond the first year covered in report is $500.00, debt service funds; only rebate report on a 5 year bases is $3000.00, and optional services evaluating varies election in applications are to be negotiated separately.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 5.D
Vote: 5 - 0 - Unanimously
E.
AI -73069
Discussion, consideration, and approval for Voluntary Annexation Petition packet for Annexation to the Hidalgo County Drainage District No. 1. (Audio Reference 7m:25s)
Raul Sesin stated that there are several projects that will extend out of the current district boundries, such as projects in the Northern part of PCT. 4 and in the Western part of PCT. 3. When these projects are developed, there will be opportunities for even more development, and so the Voluntary Annexation Petition packet was created, through legal counsel, that allows the properties to become part of the district as well, once signed. This will only be done only if a facility from the district is serving and maintaining the area.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 5.E
Vote: 5 - 0 -Unanimously
Raul Sesin stated that there are several projects that will extend out of the current district boundries, such as projects in the Northern part of PCT. 4 and in the Western part of PCT. 3. When these projects are developed, there will be opportunities for even more development, and so the Voluntary Annexation Petition packet was created, through legal counsel, that allows the properties to become part of the district as well, once signed. This will only be done only if a facility from the district is serving and maintaining the area.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 5.E
Vote: 5 - 0 -Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -73073
1. Requesting approval of final negotiated Professional Services Agreement (subject to legal review) with CSJ Group , as it relates to Professional Engineering Services for the "2018 Bond Referendum Projects #3, 5 & 6 (4 1/2 Mile Rd. & N. Doffing Rd.-Project #3, 5 1/2 Mile Rd. & N. Bentsen Palm Dr.-Project #5, 7 1/2 Mile Rd. & Glasscock Rd.-Project #6). Approved for negotiations by HCDD1 Board of Directors on Agenda Item #70488 (05-21-19); (Audio Reference 8m:35s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on Item 6.A.1
Vote: 5 - 0 – Unanimously
2. Pursuant to the Board's Approval of Professional Agreement with CSJ Group, requesting approval of Work Authorization No. 1 in the amount of $120,605.60 , to provide Engineering Services for "2018 Bond Referendum Projects #3, 5 & 6 (4 1/2 Mile Rd. & N. Doffing Rd.-Project #3, 5 1/2 Mile Rd. & N. Bentsen Palm Dr.-Project #5, 7 1/2 Mile Rd. & Glasscock Rd.-Project #6), subject to legal review and compliance to HB1295. (Contract # C-HCDD1-19-053-11-05 - WA-1). (Audio Reference 9m:01s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 6.A.2
Vote: 5 - 0 -Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on Item 6.A.1
Vote: 5 - 0 – Unanimously
2. Pursuant to the Board's Approval of Professional Agreement with CSJ Group, requesting approval of Work Authorization No. 1 in the amount of $120,605.60 , to provide Engineering Services for "2018 Bond Referendum Projects #3, 5 & 6 (4 1/2 Mile Rd. & N. Doffing Rd.-Project #3, 5 1/2 Mile Rd. & N. Bentsen Palm Dr.-Project #5, 7 1/2 Mile Rd. & Glasscock Rd.-Project #6), subject to legal review and compliance to HB1295. (Contract # C-HCDD1-19-053-11-05 - WA-1). (Audio Reference 9m:01s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 6.A.2
Vote: 5 - 0 -Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -73090
Requesting authority to advertise and approval of plans and specifications developed by project engineer, TEDSI Infrastructure Group, for: Hidalgo County Drainage District No. 1 -“Hidalgo County Precinct No. 4 J-09 Phase IV Rural Drainage Development 2012 Bond Project" -RFB No. HCDD1-19-077-11-05 including the re-advertising of project in the event no Bid responses are received and/or are rejected and project is still required. (Audio Reference 9m:28s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 7.A
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 7.A
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI -73060
Requesting acceptance and approval of Supplemental Agreement No. 1 to Work Authorization No. 2, to clarify the source of payment for the Special Services provided by project Engineer, Halff Associates Inc., in relation to the "Feasibility Study", through the awarded Professional Services Contract No. C-HCDD1-18-036-08-14 for "Hidalgo County Drainage District No. 1 -Delta Region Water Management Project" (Subject to Legal Review and compliance to Form HB1295) (Audio Reference 10m:58s)
Raul Sesin stated that they are amending a section that modifies the language, as per legal opinion.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on Item 7.B
Vote: 5 - 0 -Unanimously
Raul Sesin stated that they are amending a section that modifies the language, as per legal opinion.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on Item 7.B
Vote: 5 - 0 -Unanimously
C.
AI -73089
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Jackson Drain Improvement-Budget:310 (Audio Reference 11m:43s)
1. Application for Payment No. 3 in the amount of $18,708.73 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 COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 7.C
Vote: 5 - 0 -Unanimously
Jackson Drain Improvement-Budget:310 (Audio Reference 11m:43s)
1. Application for Payment No. 3 in the amount of $18,708.73 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 COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 7.C
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: (Audio Reference 12m:10s)
Court proceeded into closed session at 9:41 A.M.
Court proceeded to Item 5.A after Closed Session 9:59 A.M
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 12m:10s)
Court proceeded into closed session at 9:41 A.M.
Court proceeded to Item 5.A after Closed Session 9:59 A.M
A.
Real Property (Tex. Gov't Code 551.072) (Audio Reference 15m:25s)
Raul Sesin stated, Real Property will proceed as directed.
No action was taken
Raul Sesin stated, Real Property will proceed as directed.
No action was taken
B.
Personnel Matters (Tex. Gov't. Code 551.074) (Audio Reference 15m:28s)
No action was taken
Commissioner Cantu joined the meeting.
No action was taken
Commissioner Cantu joined the meeting.
C.
Consultation with Attorney Regarding: (Audio Reference 15m:37s)
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)
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)
i.
HCDD1 v. Sharon Rees Waite et al., Cause No. CCD-0506-B, pending in Hidalgo County Court at Law No. 2 (Audio Reference 15m:39s)
COMMISSIONER PCT. 1 DAVID FUENTES moved, 1.) to approve the right of possession agreement 2.) authorize the Chairman to execute set agreement, and 3.) payment to defendants of the appraise value as determined by HCDD1 for Parcels 2, 4, and 5 seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on Item 8.C.i
Vote: 5 - 0 – Unanimously
COMMISSIONER PCT. 1 DAVID FUENTES moved, 1.) to approve the right of possession agreement 2.) authorize the Chairman to execute set agreement, and 3.) payment to defendants of the appraise value as determined by HCDD1 for Parcels 2, 4, and 5 seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on Item 8.C.i
Vote: 5 - 0 – Unanimously
ii.
HCDD1 v. David Lloyd Esau, Cause No. CCD-0445-G, pending in Hidalgo County Court at Law No. 7 (Audio Reference 16m:02s)
COMMISSIONER PCT.1, DAVID FUENTES moved to ratify that Jones Galagan Key and Lozano LLP substitute in as legal counsel for the Hidalgo County Drainage District in this matter seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval Itmen 8.C. ii
Vote: 5 - 0 – Unanimously
COMMISSIONER PCT.1, DAVID FUENTES moved to ratify that Jones Galagan Key and Lozano LLP substitute in as legal counsel for the Hidalgo County Drainage District in this matter seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval Itmen 8.C. ii
Vote: 5 - 0 – Unanimously
9.
Open Session: ( Audio Reference 15m:06s)
A.
Possible Action of Real Estate Acquisition -
No Action was taken
No Action was taken
B.
Possible Action on Pending and/or Potential Litigation
No action was taken
No action was taken
10.
Adjourn (Audio Reference 16m:15s)
Judge Cortez adjourned the meeting at 10:00 A.M.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 -Unanimously
Judge Cortez adjourned the meeting at 10:00 A.M.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court 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 5th day of November, 2019
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 05, 2019.
Signed this 5th day of November 2019
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 5th day of November, 2019
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 05, 2019.
Signed this 5th day of November 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy