SPECIAL MEETING - December 10, 2019
BE IT REMEMBERED, that on this 10th day of December 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 December 10, 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 :07s)
Judge Cortez called the meeting to order at 9:32 A.M.
All members of the Court were present during the roll call, except for Commissioner Cantu and Commissioner Torres, who then later joined the meeting.
Judge Cortez called the meeting to order at 9:32 A.M.
All members of the Court were present during the roll call, except for Commissioner Cantu and Commissioner Torres, who then later joined the meeting.
2.
Prayer (Audio Reference :16s)
Prayer was offered by Raul Sesin.
Prayer was offered by Raul Sesin.
3.
Open Forum (Audio Reference 1m:10s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 1m:15s)
Court proceeded to the approval of the Consent Agenda
Commissioner Ellie Torres joined the meeting after the vote of the approval of the Consent Agenda.
Court proceeded to the approval of the Consent Agenda
Commissioner Ellie Torres joined the meeting after the vote of the approval of the Consent Agenda.
5.
General Operations:
A.
AI -73511
Approval of First Amended Depository Agreement with Lone Star National Bank to include, as exhibits, a Safekeeping Agreement and Pledge Agreement with safekeeping banks. (C-HCDD1-19-025-05-21) (Audio Reference 1m:33s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 5.A.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 5.A.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -73541
Requesting approval of final negotiated Letter of Engagement with Burton, McCumber & Longoria, LLP as it relates to RFQ No.: HCDD1-19-073-11-13 "Independent Financial Audit Services", approved for negotiations by HCDD1 Board of Directors on November 26, 2019 (AI# 73339), subject to legal review and compliance with HB1295 . (Audio Reference 2m:15s)
Commissioner Cantu joined the meeting.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 5.B.
Vote: 5 - 0 – Unanimously
Commissioner Cantu joined the meeting.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on Item 5.B.
Vote: 5 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -73587
Requesting acceptance and approval of Work Authorization No. 3 in the amount of $248,911.40, as submitted by B2Z Engineering, LLC., in relation to Engineering Services to be provided for: Owner-Insite Support & Pre-construction activities in relation to the 2018 Drainage Bond Issuance, through the awarded "On-Call Professional Engineering Services" Agreement No. C-HCDD1-17-051-09-19, (Subject to Legal Review and Compliance to Form HB1295) (Audio Reference 2m:41s)
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 6.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 6.A.
Vote: 5 - 0 – Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -73564
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions: J09 Drainage Improvements-Budget 300 (Audio Reference 3m:44s)
1.Acceptance of Certificate of Substantial Completion from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-020-05-08 J09 Drainage Improvements Phase III. Project Engineer: Jose Noe Saldivar, P.E.-HCDD1
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 7.A.
Vote: 5 - 0 – Unanimously
2.Application for payment No. 11 in the amount of $34,739.20 from Castle Enterprises, LLC pertaining Construction Contract No.HCDD1-18-020-05-08 J09 Drainage Improvements Phase III. Project Engineer: Jose N. Saldivar, P.E.-HCDD1 PO#634761 (Audio Reference 4m:10s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 7.A.
Vote: 5 - 0 - Unanimously
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions: Iowa Rd Drainage Improvements-Budget 365-040-013
3. Application for payment no. 1 in the amount of $161,909.24 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-048-09-25 Iowa Rd Drainage Improvements. Project Engineer: Jose Noe Saldivar, P.E.-HCDD1 PO#637966 (Audio Reference 4m:33s).
Raul Sesin stated for the record that there was a typo on the contract number and corrected to: HCDD1-19-036-05-07 for the Jackson Drainage Project.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 7.A.3.
Vote: 5 - 0 - Unanimously
4. Application for payment no. 2 in the amount of $84,967.19 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-048-09-25 Iowa Rd Drainage Improvements. Project Engineer: Jose Noe Saldivar, P.E. -HCDD1 PO#637966 (Audio Reference 5m:03s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 7.A.4.
Vote: 5 - 0 - Unanimously
Raul Sesin returned back to Item 7.A after the Court returned from Closed Session, asking the Court to rescind action on items 7.A. 3 & 7.A.4 (Audio Reference 10m:35s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to rescind action on Items 7.A. 3 & 4.
Vote: 5 - 0 – Unanimously
Raul Sesin then stated for the record the correct contract number. He stated that the project name was correct on both Items 7.A.3 & 4. He then read the correct contract number for Items 7.A. 3 & 4, which is HCDD1-19-036-05-07 and the project name is Iowa Drainage improvements for both Items 7.A.3 & 4.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Items 7.A. 3 & 4.
Vote: 5 - 0 - Unanimously
Court proceeded back to Open Session
1.Acceptance of Certificate of Substantial Completion from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-020-05-08 J09 Drainage Improvements Phase III. Project Engineer: Jose Noe Saldivar, P.E.-HCDD1
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 7.A.
Vote: 5 - 0 – Unanimously
2.Application for payment No. 11 in the amount of $34,739.20 from Castle Enterprises, LLC pertaining Construction Contract No.HCDD1-18-020-05-08 J09 Drainage Improvements Phase III. Project Engineer: Jose N. Saldivar, P.E.-HCDD1 PO#634761 (Audio Reference 4m:10s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 7.A.
Vote: 5 - 0 - Unanimously
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions: Iowa Rd Drainage Improvements-Budget 365-040-013
3. Application for payment no. 1 in the amount of $161,909.24 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-048-09-25 Iowa Rd Drainage Improvements. Project Engineer: Jose Noe Saldivar, P.E.-HCDD1 PO#637966 (Audio Reference 4m:33s).
Raul Sesin stated for the record that there was a typo on the contract number and corrected to: HCDD1-19-036-05-07 for the Jackson Drainage Project.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 7.A.3.
Vote: 5 - 0 - Unanimously
4. Application for payment no. 2 in the amount of $84,967.19 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-048-09-25 Iowa Rd Drainage Improvements. Project Engineer: Jose Noe Saldivar, P.E. -HCDD1 PO#637966 (Audio Reference 5m:03s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 7.A.4.
Vote: 5 - 0 - Unanimously
Raul Sesin returned back to Item 7.A after the Court returned from Closed Session, asking the Court to rescind action on items 7.A. 3 & 7.A.4 (Audio Reference 10m:35s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to rescind action on Items 7.A. 3 & 4.
Vote: 5 - 0 – Unanimously
Raul Sesin then stated for the record the correct contract number. He stated that the project name was correct on both Items 7.A.3 & 4. He then read the correct contract number for Items 7.A. 3 & 4, which is HCDD1-19-036-05-07 and the project name is Iowa Drainage improvements for both Items 7.A.3 & 4.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Items 7.A. 3 & 4.
Vote: 5 - 0 - Unanimously
Court proceeded back to Open Session
8.
General Fund:
A.
AI -73578
Requesting approval to pay claim submitted by Eliberto Reyna to North Alamo Water Supply in the amount of $1,045.27. (Audio Reference 5m:23s)
Raul Sesin stated that this claim is in reference to an incident where a water meter, belonging to North Alamo, was damaged by a shredder during maintenance work. The issue has been resolved and recommended to pay the amount to settle the claim.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on Item 8.A.
Vote: 5 - 0 – Unanimously
Raul Sesin stated that this claim is in reference to an incident where a water meter, belonging to North Alamo, was damaged by a shredder during maintenance work. The issue has been resolved and recommended to pay the amount to settle the claim.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on Item 8.A.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -73598
Discussion as it relates to Texas General Land Office public hearing on the State's Action Plan. (Audio Reference 6m:09s)
Raul sesin stated that the he himself and others from the department do plan to attend this function to pursue as much funding as possible and to collect public comments to submit them as well.
Commissioner Fuentes commented the importance of making a resolution in support of the public comments from the individual entities in the county, in which Sesin agreed.
No action was taken on this item.
Raul sesin stated that the he himself and others from the department do plan to attend this function to pursue as much funding as possible and to collect public comments to submit them as well.
Commissioner Fuentes commented the importance of making a resolution in support of the public comments from the individual entities in the county, in which Sesin agreed.
No action was taken on this item.
9.
Closed Session: (Audio Reference 10m:04s)
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 COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to go into Closed Session
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 COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to go into Closed Session
Vote: 5 - 0 – Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference to Item 10.A.
Reference to Item 10.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
No action was taken on this item.
No action was taken on this item.
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 this 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 this item.
10.
Open Session: (Audio Reference 10m:30s)
Court returned to Item 7.A 3&4
Court returned to Item 7.A 3&4
A.
Possible Action of Real Estate Acquisition (Audio Reference 11m:36s)
Legal advised that the administration is going to need action by the Board to proceed as discussed in Closed Session, with regards to the Real Estate Acquisition and Potential Litigation.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 10.A & 10.B
Vote: 5 - 0 -Unanimously
Legal advised that the administration is going to need action by the Board to proceed as discussed in Closed Session, with regards to the Real Estate Acquisition and Potential Litigation.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 10.A & 10.B
Vote: 5 - 0 -Unanimously
B.
Possible Action on Pending and/or Potential Litigation
Reference Item 10.A.
Reference Item 10.A.
11.
Adjourn (Audio Reference 11m:58s)
Judge Cortez adjourned the meeting at 9:58 A.M.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 -Unanimously
Judge Cortez adjourned the meeting at 9:58 A.M.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, 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 10th day of December, 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 December 10, 2019.
Signed this 10th day of December 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 10th day of December, 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 December 10, 2019.
Signed this 10th day of December 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy