SPECIAL MEETING - June 16, 2020
BE IT REMEMBERED, that on this 16th day of June 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 June 16, 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:40s)
Judge Cortez called the meeting to order 9:48 A.M.
All members of the court were present during the roll call.
Commissioner Torres and Commissioner Flores were present, but experiencing technical difficulties.
Judge Cortez called the meeting to order 9:48 A.M.
All members of the court were present during the roll call.
Commissioner Torres and Commissioner Flores were present, but experiencing technical difficulties.
2.
Prayer (Audio Reference 02m:52s)
Raul Sesin offered the prayer.
The court proceeded to item 4 - Consent Agenda.
Raul Sesin offered the prayer.
The court proceeded to item 4 - Consent Agenda.
3.
Open Forum (Audio Reference 03m:51s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 04m:39s)
The court proceeded to the approval of the Consent Agenda.
The Consent Agenda was approved, and no items were pulled for discussion.
Commissioner Torres and Commissioner Flores were experiencing technical difficulties.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 3 - 0 – Unanimously
The court continued to item 5.A.
The court proceeded to the approval of the Consent Agenda.
The Consent Agenda was approved, and no items were pulled for discussion.
Commissioner Torres and Commissioner Flores were experiencing technical difficulties.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 3 - 0 – Unanimously
The court continued to item 5.A.
5.
General Operations:
A.
AI -75985
1.) Discussion and approval to withdraw the submittal of the General Re-evaluation Report and Draft Supplemental Environmental Impact Statement for the Raymondville Drain Project so as to address the issues which have been identified by the United States Army Corp of Engineers. (Audio Reference 05m:37s)
Raul Sesin explained the reason for the withdrawing of the submittal. Mr. Sesin explained that there are about 45 comments on the application that have not been addressed, and based on the recommendations of the consultant, as well as the government, it would be best to withdraw the submittal, and address the issues prior to resubmitting the application. Mr. Sesin further expressed the importance of meeting the 180 day time frame to resolved the issues before resubmitting the application.
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 5.A.1.
Vote: 3 - 0 – Unanimously
Commissioner Torres and Commissioner Flores were experiencing technical difficulties.
2.)Pursuant to the Boards approval to withdraw General Reevaluation Report and Draft Supplemental Environmental Impact Statement, requesting approval for HCDD1 General Manager to execute and submit a withdraw letter to Assistant Secretary of the Army as it relates to the Raymondville Drain Project. (Pending final legal review) (Audio Reference 09m:10s)
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 5.A.2.
Vote: 3 - 0 – Unanimously
Commissioner Torres and Commissioner Flores were experiencing technical difficulties.
The court continued to item 5.B.
Raul Sesin explained the reason for the withdrawing of the submittal. Mr. Sesin explained that there are about 45 comments on the application that have not been addressed, and based on the recommendations of the consultant, as well as the government, it would be best to withdraw the submittal, and address the issues prior to resubmitting the application. Mr. Sesin further expressed the importance of meeting the 180 day time frame to resolved the issues before resubmitting the application.
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 5.A.1.
Vote: 3 - 0 – Unanimously
Commissioner Torres and Commissioner Flores were experiencing technical difficulties.
2.)Pursuant to the Boards approval to withdraw General Reevaluation Report and Draft Supplemental Environmental Impact Statement, requesting approval for HCDD1 General Manager to execute and submit a withdraw letter to Assistant Secretary of the Army as it relates to the Raymondville Drain Project. (Pending final legal review) (Audio Reference 09m:10s)
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 5.A.2.
Vote: 3 - 0 – Unanimously
Commissioner Torres and Commissioner Flores were experiencing technical difficulties.
The court continued to item 5.B.
Attachments:
B.
AI -75821
Requesting authority to advertise and approval of procurement packet (i.e., legal notice,specifications, draft contract etc.,) as attached hereto for: Hidalgo County Drainage District No. 1 "Sand and Bedding Material", RFB No. HCDD1-20-033-07-08, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required. (Audio Reference 09m:32s)
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 5.B.
Vote: 3 - 0 – Unanimously
Commissioner Flores and Commissioner Torres were experiencing technical difficulties.
The court continued to item 6.A.
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 5.B.
Vote: 3 - 0 – Unanimously
Commissioner Flores and Commissioner Torres were experiencing technical difficulties.
The court continued to item 6.A.
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -75815
Discussion, presentation and approval of Hidalgo County Drainage District No.1 2018 Bond Program Dashboard. (Audio Reference 09m:57s)
Raul Sesin stated that the 2018 Bond Program Dashboard is active and user friendly. The program also allows users to submit feedback to make any necessary changes.
Commissioner Fuentes stated that he did have an opportunity to access the program, in which he approved with the recommendation of noting the stage in which the projects are currently undergoing.
Commissioner Flores joined the meeting.
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: 4 - 0 – Unanimously
The court continued to item 7.A.
Raul Sesin stated that the 2018 Bond Program Dashboard is active and user friendly. The program also allows users to submit feedback to make any necessary changes.
Commissioner Fuentes stated that he did have an opportunity to access the program, in which he approved with the recommendation of noting the stage in which the projects are currently undergoing.
Commissioner Flores joined the meeting.
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: 4 - 0 – Unanimously
The court continued to item 7.A.
7.
Right of Way Acquisitions:
A.
AI -75987
Requesting approval of closing documents for Parcel 26 as it relates to the Raymondville Drain Ph I Seg 4 project and authority for the Chairman of the Board to execute documents, pending final legal review. (Audio Reference 12m:10s)
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 7.A.
Vote: 4 - 0 – Unanimously
The court continued to item 8 - Closed Session.
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 7.A.
Vote: 4 - 0 – Unanimously
The court continued to item 8 - Closed Session.
Attachments:
8.
Closed Session: (Audio Reference 12m:30s)
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.
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 proceed into Closed Session.
Vote: 4 - 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:
The court proceeded into Closed Session.
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 proceed into Closed Session.
Vote: 4 - 0 – Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference item 9.A.
Reference item 9.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference item 9.B.
Reference 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 8.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 8.C.
D.
AI -75993
Claim made by Michael Blanchard dba The Blanchard Law Firm PLLC
Reference item 9.C.
Reference item 9.C.
9.
Open Session: (Audio Reference 13m:23s)
Commissioner Torres joined the meeting.
The court continued to item 9.A.
Commissioner Torres joined the meeting.
The court continued to item 9.A.
A.
Possible Action of Real Estate Acquisition (Audio Reference 13m:30s)
Legal Counselor, Ivan Perez, stated with respect to the action of Real Estate Acquisition, the recommendation was to authorize the administration to proceed as discussed in Closed Session.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval as stated by Legal Counsel, Ivan Perez above.
Vote: 5 - 0 – Unanimously
The court proceeded to item 9.C.
Legal Counselor, Ivan Perez, stated with respect to the action of Real Estate Acquisition, the recommendation was to authorize the administration to proceed as discussed in Closed Session.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval as stated by Legal Counsel, Ivan Perez above.
Vote: 5 - 0 – Unanimously
The court proceeded to item 9.C.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on item 9.B.
No action was taken on item 9.B.
C.
AI -76002
Possible action on claim made by Michael Blanchard dba The Blanchard Law Firm PLLC (Audio Reference 13m:55s)
Commissioner Cantu made a motion to resolve the claim by Michael Blanchard for $15,000.00, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to resolve the claim by Michale Blanchard for $15,000.00.
Vote: 5 - 0 -Unanimously
The court proceeded to item 10 - Adjournment.
Commissioner Cantu made a motion to resolve the claim by Michael Blanchard for $15,000.00, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to resolve the claim by Michale Blanchard for $15,000.00.
Vote: 5 - 0 -Unanimously
The court proceeded to item 10 - Adjournment.
10.
Adjourn (Audio Reference 14m:16s)
Judge Cortez adjourned the meeting.
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 adjourn the meeting.
Vote: 5 - 0 -Unanimously
Judge Cortez adjourned the meeting.
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 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 16th day of June, 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 June 16, 2020.
Signed this 22nd day of June 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 16th day of June, 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 June 16, 2020.
Signed this 22nd day of June 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy