REGULAR MEETING - January 28, 2020
BE IT REMEMBERED, that on this 28th day of January A.D., 2020, 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 EDUARDO "EDDIE" CANTU HONORABLE JOE M. FLORES HONORABLE ELLIE TORRES |
HIDALGO COUNTY JUDGE 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 January 28, 2020 1:45 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 (Audio Reference :37s)
Judge Cortez called the meeting to order at 1:45 P.M. All members of the Court were present with the exception of Commissioner David Fuentes.
Judge Cortez called the meeting to order at 1:45 P.M. All members of the Court were present with the exception of Commissioner David Fuentes.
2.
Prayer (Audio Reference :48s)
The prayer was offered by Raul Sesin.
The prayer was offered by Raul Sesin.
3.
Open Forum (Audio Reference 2m:06s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 2m:10s)
The Court proceeded to the approval of the Consent Agenda.
The Court proceeded to the approval of the Consent Agenda.
5.
General Operations:
A.
AI -74085
Discussion as it relates to Community Development Block Grants - Disaster Recovery (CDBG-DR) funding awarded by U.S. Department of Housing and Urban Development for recovery from 2018 and 2019 storms and flooding. (Audio Reference 2m:31s)
Raul Sesin gave an overview of the monies that will be invested in Hidalgo County areas that have been affected by the 2018 & 2019 storms and flooding. Due to the damages that were inflicted by the 2018 storms, $58 Million will be invested Hidalgo County and $170 Million will be invested in Hidalgo County, along with neighboring counties for the 2019 storm damages. Mr. Sesin stated that he will continue to keep the Court informed as more information develops.
No action was taken on Item 5.A.
Raul Sesin gave an overview of the monies that will be invested in Hidalgo County areas that have been affected by the 2018 & 2019 storms and flooding. Due to the damages that were inflicted by the 2018 storms, $58 Million will be invested Hidalgo County and $170 Million will be invested in Hidalgo County, along with neighboring counties for the 2019 storm damages. Mr. Sesin stated that he will continue to keep the Court informed as more information develops.
No action was taken on Item 5.A.
B.
AI -74108
Requesting authority to advertise and approval of procurement packet (i.e., legal notice,specifications, bid page, etc.,) as attached hereto for: ''Purchase of one (1) Cast Iron Sluice Gate 96''x 96'' for Proposed Mission Inlet Drainage Improvements Project,(Section C & F-Balboa Estates Area Drainage Improvements)'', RFB No. HCDD1-20-012-02-19, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required. (Audio Reference 4m:14s)
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 5.B.
Vote: 4 - 0 -Unanimously
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 5.B.
Vote: 4 - 0 -Unanimously
Attachments:
C.
AI -74103
Recommending bid award and approval of contract to the responsible bidder submitting the sole bid meeting all requirements/specifications for Contract No. C-HCDD1-19-078-01-28, ''Drug & Alcohol Testing Services", Subject to Legal Review. (Audio Reference 5m:03s)
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 5.C.
Vote: 4 - 0 -Unanimously
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 5.C.
Vote: 4 - 0 -Unanimously
Attachments:
D.
AI -74093
1. Approval of the following personnel actions, Create two (2) ROW Agent positions at G15/S1 $59,585.00
2. Approval of Budget Amendment required for personnel action in the amount of $163,815.38
3. Approval of revised Salary Schedule (Audio Reference 5m:19s)
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 5.D.1,2,&3.
Vote: 4 - 0 -Unanimously
2. Approval of Budget Amendment required for personnel action in the amount of $163,815.38
3. Approval of revised Salary Schedule (Audio Reference 5m:19s)
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 5.D.1,2,&3.
Vote: 4 - 0 -Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -74086
Approval to issue payment on the following item(s) proceeding review and compliance of contract terms & conditions:
Hidalgo Drain (Military Crossings)-513-030-300 (Audio Reference 5m:45s)
1. Application for Payment No. 1 in the amount of $80,101.70 from Mor-Wil, LLC pertaining Construction Contract No. HCDD1-19-064-09-03 Hidalgo Drain Military Rd Crossings.
Engineer: Sames Engineering
PO638374
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 6.A.1.
Vote: 4 - 0 - Unanimously
Hidalgo Drain (Military Crossings)-513-030-300 (Audio Reference 5m:45s)
1. Application for Payment No. 1 in the amount of $80,101.70 from Mor-Wil, LLC pertaining Construction Contract No. HCDD1-19-064-09-03 Hidalgo Drain Military Rd Crossings.
Engineer: Sames Engineering
PO638374
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 6.A.1.
Vote: 4 - 0 - Unanimously
Attachments:
B.
AI -74051
Requesting approval of Supplemental Agreement No. 1 to Work Authorization 1 in connection to Contract No. C-HCDD1-19-012-03-26 with Javier Hinojosa Engineering, for the purpose of amending the Work Authorization 1 Special Services, by adding Right Of Way Acquisition Negotiations Services, resulting in an increase in the amount of $40,500.00, for a new Special Services Fees total amount of $63,000.00 for the project: "3 3/4 Mile Rd. & Shuerbach Rd. -2018 Bond Referendum Project #2". Subject to compliance to HB1295. (Audio Reference 6m:08s)
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 6.B.
Vote: 4 - 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 6.B.
Vote: 4 - 0 - Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -74084
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions: Jackson Drain Improvement-Budget:310 (Audio Reference 6m:37s)
1. Application for Payment No. 4 in the amount of $57,330.79 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. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 7.A.1.
Vote: 4 - 0 - Unanimously
1. Application for Payment No. 4 in the amount of $57,330.79 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. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on Item 7.A.1.
Vote: 4 - 0 - Unanimously
Attachments:
8.
Right of Way Acquisitions:
A.
AI -74157
Discussion and Approval of Resolution recognizing the necessity of acquiring easements or rights of way or fee title in connection with the construction of Alamo Expressway Drain Project in Hidalgo County, Texas and for the acquisition of said easements or rights of way or fee title by eminent domain or otherwise. (Audio Reference 6m:59s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on Item 8.A.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on Item 8.A.
Vote: 4 - 0 - Unanimously
B.
AI -74168
Discussion and Approval of Resolution recognizing the necessity of acquiring easements or rights of way or fee title in connection with the construction of 3 3/4 Mile Rd & Schuerbach Rd - 2018 Bond Project No. 2 in Hidalgo County, Texas and for the acquisition of said easements or rights of way or fee title by eminent domain or otherwise. (Audio Reference 7m:20s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on Item 8.B.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on Item 8.B.
Vote: 4 - 0 - Unanimously
Attachments:
C.
AI -74173
Discussion and Approval of Resolution recognizing the necessity of acquiring easements or rights of way or fee title in connection with the construction of Raymondville Drain Project - Phase 1 Segment 4 in Hidalgo County, Texas and for the acquisition of said easements or rights of way or fee title by eminent domain or otherwise. (Audio Reference 7m:45s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 8.C.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Item 8.C.
Vote: 4 - 0 – Unanimously
9.
Closed Session: (Audio Reference 8m:11s)
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following:
The Court did proceed into Closed Session at 1:56 P.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:
The Court did proceed into Closed Session at 1:56 P.M.
A.
Real Property (Tex. Gov't. Code 551.072)
No action was taken on Item 9.A.
No action was taken on Item 9.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
No action was taken on Item 9.B.
No action was taken on Item 9.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 Item 9.C.
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 Item 9.C.
10.
Open Session: (Audio Reference 8m:35s)
The Court resumed from Closed Session at 2:01 P.M.
The Court resumed from Closed Session at 2:01 P.M.
A.
Possible Action of Real Estate Acquisition
No action was taken on Item 10.A.
No action was taken on Item 10.A.
B.
Possible Action on Pending and/or Potential Litigation (Audio Reference 8m:36s)
Legal Advisor, Ivan Perez recommended that the Court authorize legal counsel and the district's administration to proceed with contemplated litigation as discussed in the closed meeting.
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 the Legal Advisor's counsel.
Vote: 4 - 0 -Unanimously
Legal Advisor, Ivan Perez recommended that the Court authorize legal counsel and the district's administration to proceed with contemplated litigation as discussed in the closed meeting.
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 the Legal Advisor's counsel.
Vote: 4 - 0 -Unanimously
11.
Adjourn (Audio Reference
Judge Cortez adjourned the meeting at 2:02 P.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: 4 - 0 -Unanimously
Judge Cortez adjourned the meeting at 2:02 P.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: 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 28th day of January, 2020
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 January 28, 2020.
Signed this 28th day of January 2020
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 28th day of January, 2020
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 January 28, 2020.
Signed this 28th day of January 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy