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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - March 24, 2020

BE IT REMEMBERED, that on this 24th day of March A.D., 2020, 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
March 24, 2020
9:45 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 01m:25s)

Judge Cortez called the meeting to order at 9:49 A.M. All members of the court were present during the roll call.
 
2.
 
Prayer (Audio Reference 02m:00s)

Raul Sesin offered the prayer.
 
3.
 
Open Forum (Audio Reference 03m:17s)

Commissioner Cantu extended an invitation to the public to pray together as a community as we continue to combat the COVID-19 virus.

There were no other public participants.
Attachments:
 
4.
 
Approval of Consent Agenda (Audio Reference 04m:22s)

The court proceeded to the approval of the Consent Agenda.

The court did not pull any items for discussion and the Consent Agenda was approved.


 
5.
 
General Operations:
 
A.
AI -74882
Requesting approval of Interlocal Agreement by and between Hidalgo County Drainage District No. 1 and Hidalgo County as it relates to Hidalgo County Precinct No. 4 Drainage Study. (Audio Reference 04m:42s)

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.A.

Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI -74897
Requesting approval to purchase (1) Ford Explorer 4WD Mid-Size SUV from awarded vendor, Silsbee Ford, through the District membership/participation with the cooperative Goodbuy, contract 20-8F000  in the total amount of $30,350.25;  transaction include vehicle, delivery and applicable fees. (Audio Reference 05m:09s)

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.B.

Vote: 5 - 0 - Unanimously
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -74939
Approval to issue payment on the following item(s) proceeding review and compliance of contract terms & conditions: Hidalgo Drain (Military Crossings)-513-030-300
1. Application for Payment No. 2 in the amount of $143,456.05 from Mor-Wil, LLC pertaining Construction Contract No. HCDD1-19-064-09-03 Hidalgo Drain Military Rd Crossings.
Engineer: Sames Engineering  PO#638374 (Audio Reference 05m:30s)

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 6.A.
                                                        
 Vote: 5 - 0 – Unanimously
 
B.
AI -74933
Requesting authority to advertise and approval of plans and specifications developed by project engineer, L&G Engineering, for: Hidalgo County Drainage District No. 1 -“South Lateral Drain Improvements Phase I (McColl Road to San Juan Road) -2018 Bond Referendum Project #34” -RFB No. HCDD1-20-009-04-15, 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 05m:50s)

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 6.B.
                                                        
 Vote: 5 - 0 – Unanimously
 
C.
AI -74946
1.  Requesting approval of final negotiated Professional Services Agreement with  B2Z Engineering, LLC, as it relates to Professional Engineering Services related to the project: “ South I Road Detention -2018 Bond Referendum Project #33”. Approved for negotiations by HCDD1 Board of Directors on Agenda Item # 73345 (subject to Legal review); (Audio Reference 06m:18s)

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 6.C.1.

Vote: 5 - 0 - Unanimously

2.  Pursuant to the Board's Approval of the Professional Services Agreement with B2Z Engineering, LLC, requesting approval of Work Authorization No. 1 in the amount of $ 269,866.12, to provide Engineering Services for “ South I Road Detention -2018 Bond Referendum Project #33”, subject to Legal review (Contract # C-HCDD1-19-080-03-24 WA-1). (Audio Reference 06m:39s)

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 6.C.2.

Vote: 5 - 0 – Unanimously
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -74894
For Clarification Purposes Only: (Audio Reference 07m:01s)
1. The correct budget for AI#73445 from December 03, 2019 is Willacy County Relief Channel Overflow-Budget 375 not the Jackson Drain Improvement -Budget 310 incorrectly noted.

Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Willacy County Relief Channel Overflow-Budget 375

2. Application for Payment No. 2 in the amount of $21, 780.00 from RDH Site & Concrete, LLC pertaining to Construction Contract No. HCDD1-19-054-07-30.  Project Engineer: Jose Noe Saldivar, P.E.-HCDD1  PO#638369-20

3. Approval & Acceptance of Certificate of Substantial Completion and Certificate of Construction Completion from RDH Site and Concrete, LLC pertaining to Construction Contract No. HCDD1-Willacy County Relief Channel Overflow Structure Improvements. 

4. Application for Payment No. 3-Retainage in the amount of $7,030.00 from RDH Site & Concrete, LLC pertaining to Construction Contract No. HCDD1-19-054-07-30.  Project Engineer: Jose N. Saldivar, P.E.-HCDD1 PO#638369.

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 7.A.- 1,2,3, & 4.

Vote: 5 - 0 – Unanimously
 
8.
 
Right of Way Acquisitions:
 
A.
AI -74863
1. Requesting approval for Interlocal Agreement with La Joya ISD as it relates to 2018 Bond Project 29 - PD Lateral and Bond Project 30 - Penitas Drain. (Audio Reference 08m:29s)

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 8.A.1.

Vote: 5 - 0 – Unanimously

2. Acceptance of a drainage easement from La Joya ISD as it relates to Juarez-Lincoln High School. (Audio Reference 08m:53s)

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.2.
                                                        
 Vote: 5 - 0 – Unanimously

3. Acceptance of a Special Warranty Deed from La Joya ISD as it relates to a 10.00 Acre property along 2018 Bond Project 30 - Penitas Drain. (Audio Reference 09m:02s)

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.3.

Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI -74881
Requesting approval of Right of Entry request from ARS Engineers, Inc and authorization for Drainage District General Manager to execute as it relates to surveying along the J-08 Drain, southeast corner of Ware Rd & Mile 9 Rd. (Audio Reference 09m:16s)

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 8.B.

 Vote: 5 - 0 - Unanimously
Attachments:
 
C.
AI -74899
Requesting acceptance and approval of Donation Deed from 3BU Family Limited Partnership, as it relates to 2018 Bond Project 21 - Mile 10 N & Mile 1 W and authorize the Board Chair to execute acceptance, subject to legal review. (Audio Reference 09m:42s)

Raul stated for the record that this ongoing project is next to "La Mesa" Subdivision. He further stated that the purpose of this project is to to relocate some drainage ditches, and the owner of the land has also agreed to donate almost 10 acres to finish the 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 8.C.

 Vote: 5 - 0 - Unanimously

As per legals recommendation, the court proceeded to item 10 - Closed Session to discuss items 9 A-D. (Audio Reference 10m:38s)
 
9.
AI -74981
A. Discussion, consideration and possible action on Group Dismissal of Hidalgo County Drainage District No. 1 (“HCDD1”) employees by the Governing Authority as authorized by sections 7.35 & 7.36 of the Hidalgo County Civil Service Commission Rules and sections 8.21 & 8.22 of the Hidalgo County Personnel Manual for the purpose of suspending normal operations of the HCDD1 because of events beyond the control of the HCDD1 (i.e., the COVID 19 a.k.a. “Corona Virus” health emergency). (Audio Referenece 24m:03)

Judge Cortez reconvened the District Drainage meeting at 11:45 A.M.

Commissioner Cantu made a motion to implement the administrative Group Dismissal for the district employees to the extent necessary for the district office to maintain their essential operation from March 30, 2020 through April 27, 2020 seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 9.A.

Vote: 5 - 0 -Unanimously 
 
B. Discussion, consideration and possible action to approve continuation of employee salary/hourly pay and benefits, including retirement benefits, during the term of the Group Dismissal on the basis that it serves a legitimate public purpose and affords a clear public benefit received in return for such action. (i.e., the health, safety, morale and welfare of the employees and those served by the HCDD1 during the COVID 19 a.k.a. “Corona Virus” health emergency). (Audio Reference 26m:27s)

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 9.B.

Vote: 5 - 0 - Unanimously 
 
C.  Discussion, consideration and action for HCDD1 to develop necessary procedure to assist in identifying employees who may be eligible and/or qualify for benefits under state and federal laws, including but not limited to the Families First Coronavirus Response Act. (Audio Reference 26m:57s)

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 9.C.
                                                                              
 Vote: 5 - 0 – Unanimously
 
D. Discussion, consideration and approval to amend the “timely payment” definition of Chapters 7.103 and 8.87 of the Civil Service Commission Rules (Brown Book) and Hidalgo County Personnel Policy Manual / (Blue Book) respectively, to allow up to an additional 30 days after the premium is otherwise due, for the duration of the COVID-19 Emergency Declaration. (Audio Reference 27m:16s)

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 9.D.
                                                        
 Vote: 5 - 0 – Unanimously

The court proceeded to Item 11 - Open Session
 
10.
 
Closed Session: (Audio Reference 11m:14s)
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 proceeded into closed session at 9:57 A.M.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to go into closed session.

Vote: 5 - 0 -Unanimously

After returning from closed session for the Drainage District meeting, Judge Cortez proceeded to recess the meeting and commence the regular Commissioners' Court meeting at 10:09 A.M. (Audio Reference 11m:46s)

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 recess the Drainage District meeting.

Vote: 5 - 0 – Unanimously

Judge Cortez proceeded to call the regular Commissioners' Court meeting to order.
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference item 11.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference item 11.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)
 
11.
 
Open Session: (Audio Reference 27m:41s)

The court continued to item 11.A.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 27m:42s)

Raul Sesin stated that they would proceed as directed.

The court continued to item 11.B.
 
B.
 
Possible Action on Pending and/or Potential Litigation (Audio Reference 27m:45s)

No action was taken on item 11.B.

The court proceeded to adjourn the meeting.
 
12.
 
Adjourn (Audio Reference 27m:51s)

Judge Cortez adjourned the Drainage District meeting at 11:49 A.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to adjourn the meeting.

Vote: 5 - 0 – Unanimously

After adjournment of the Drainage District meeting, the court continued on with the regular Commissioners' Court meeting under agenda item 4 - Approval of the Consent Agenda. (28m:04s)
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 March, 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 March 24, 2020.

Signed this 26th day of March 2020




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County


By: ____________________________
(Seal) Carolyn Thornton, Deputy