SPECIAL MEETING - June 9, 2020
BE IT REMEMBERED, that on this 9th 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 9, 2020 2:00 P.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 02m:43s)
Judge Cortez called the meeting to order at 2:02 P.M.
All members of the court were present during the roll call.
Judge Cortez called the meeting to order at 2:02 P.M.
All members of the court were present during the roll call.
2.
Prayer (Audio reference 02m:58s)
Jaime Salazar offered the prayer.
Jaime Salazar offered the prayer.
3.
Open Forum (Audio Reference 03m:37s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 03m:47s)
No items were pulled for further discussion, and the court made a motion to approve the Consent Agenda.
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 all items on the Consent Agenda.
Vote: 5 - 0 - Unanimously
No items were pulled for further discussion, and the court made a motion to approve the Consent Agenda.
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 all items on the Consent Agenda.
Vote: 5 - 0 - Unanimously
5.
General Operations:
A.
AI -75874
Discussion and approval of the Resolution in support of the Lower Rio Grande Valley Development Council. Application to the Texas Water Development Board for flood protection planning and approval for the HCDD1 General Manager to execute any and all control with the LRGVDC. Pending final legal review. (Audio Reference 04m:12s)
Commissioner Garza from Cameron County and Commissioner Fuentes commended the collaborative efforts between Hidalgo County, Willacy County, and Cameron County in creating regional projects, and recommended approval of the resolution.
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.A.
Vote: 5 - 0 – Unanimously
Commissioner Garza from Cameron County and Commissioner Fuentes commended the collaborative efforts between Hidalgo County, Willacy County, and Cameron County in creating regional projects, and recommended approval of the resolution.
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.A.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -75876
Discussion and possible action of the Resolution in support of Willacy County and Willacy County Drainage District No. 1’s Joint Application for Texas Water Development Board (TWDB) Flood Infrastructure Funding (FIF) Abridged Application. Pending final legal review. (Audio Reference 11m:18s)
Commissioner Fuentes expressed his gratitude towards Commissioner Gonzalez from Willacy and Commissioner Garza from Cameron County for their participation in creating regional projects.
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
Commissioner Fuentes expressed his gratitude towards Commissioner Gonzalez from Willacy and Commissioner Garza from Cameron County for their participation in creating regional projects.
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 -75864
Requesting approval of final negotiated Professional Services Contract with George J. Salazar II, d/b/a Appraisal Haus, as it relates to On-Call Real Estate Appraisal Services for Hidalgo County Drainage District No.1 Projects with effective dates starting on June 18, 2020 until June 17, 2021. Approved for negotiations by HCDD1 Board of Directors Agenda Item# 75760, on June 2, 2020. (Subject to Legal Review)(Contract # C-HCDD1-20-032-06-09) (Audio Reference 13m:48s)
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.C.
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.C.
Vote: 5 - 0 – Unanimously
Attachments:
D.
AI -75800
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024 (a) (4), a professional service; (Audio Reference 14m:25s)
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 5.D.1.
Vote: 5 - 0 - Unanimously
2. Possible action to approve a legal services contract on a contingency fee basis with the law firm of The J. Ramirez Law Firm, in relation to Bond Counsel Services (subject to Legal Review). (Contract # C-HCDD1-20-036-06-09). (Audio Reference 14m:42s)
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.D.2.
Vote: 5 - 0 – Unanimously
3. Possible action to approve a Resolution Regarding Approval of Contingency Fee Contract for Legal Services with The J. Ramirez Law Firm pursuant to Tex. Gov't Code §2254.1036(b) and Notice Provided to the Public for the Services of Bond Counsel. (Audio Reference 15m: 34s)
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.D.3.
Vote: 5 - 0 – Unanimously
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 5.D.1.
Vote: 5 - 0 - Unanimously
2. Possible action to approve a legal services contract on a contingency fee basis with the law firm of The J. Ramirez Law Firm, in relation to Bond Counsel Services (subject to Legal Review). (Contract # C-HCDD1-20-036-06-09). (Audio Reference 14m:42s)
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.D.2.
Vote: 5 - 0 – Unanimously
3. Possible action to approve a Resolution Regarding Approval of Contingency Fee Contract for Legal Services with The J. Ramirez Law Firm pursuant to Tex. Gov't Code §2254.1036(b) and Notice Provided to the Public for the Services of Bond Counsel. (Audio Reference 15m: 34s)
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.D.3.
Vote: 5 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -75877
Requesting approval of Change Order No. 6 reflecting an increase in the amount of $90,795.12, and thirty (30) additional construction calendar days, in connection with Contract No. C-HCDD1-19-002-01-09 -Hidalgo County Drainage District No. 1 project, "Pharr-McAllen Drain Improvements -2018 Bond Referendum Project #31" with Mor-Wil, LLC, as recommended by Project Engineer David Saenz, PE, L & G Engineering. (Audio Reference 15m:58s)
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 6.A.
Vote: 5 - 0 - Unanimously
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 6.A.
Vote: 5 - 0 - Unanimously
7.
Closed Session: (Audio Reference 16m: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 at 2:16 P.M.
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 proceed 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:
The court proceeded into Closed Session at 2:16 P.M.
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 proceed into Closed Session.
Vote: 5 - 0 – Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference item 8.A.
Reference item 8.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference item 8.B.
Reference item 8.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 7.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 7.C.
8.
Open Session:
A.
Possible Action of Real Estate Acquisition (Audio Reference 17m:13s)
Raul Sesin stated that the board will proceed as directed.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval as discussed.
Vote: 5 - 0 – Unanimously
Raul Sesin stated that the board will proceed as directed.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval as discussed.
Vote: 5 - 0 – Unanimously
B.
Possible Action on Pending and/or Potential Litigation (Audio Reference 17m:46s)
Commissioner Flores stepped away from the meeting.
Legal Counselor, Ivan Perez, recommended that the board approve a motion to authorize legal counsel to proceed as discussed in executive 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 above by the Legal Counselor, Ivan Perez.
Vote: 4 - 0 – Unanimously
Commissioner Flores stepped away from the meeting.
Legal Counselor, Ivan Perez, recommended that the board approve a motion to authorize legal counsel to proceed as discussed in executive 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 above by the Legal Counselor, Ivan Perez.
Vote: 4 - 0 – Unanimously
9.
Adjourn (Audio Reference 18m:07s)
Commissioner Flores rejoined the meeting.
Judge Cortez adjourned the meeting at 2:43 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: 5 - 0 -Unanimously
Commissioner Flores rejoined the meeting.
Judge Cortez adjourned the meeting at 2:43 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: 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 9th 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 09, 2020.
Signed this 11th 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 9th 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 09, 2020.
Signed this 11th 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