SPECIAL MEETING - June 23, 2020
BE IT REMEMBERED, that on this 23rd 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 ELLIE TORRES |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 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 23, 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:53s)
Judge Cortez called the meeting to order at 9:47 A.M
All members of the court were present during the roll call, with the exception of Commissioner Flores.
Judge Cortez called the meeting to order at 9:47 A.M
All members of the court were present during the roll call, with the exception of Commissioner Flores.
2.
Prayer (Audio Reference 02m:21s)
Raul Sesin offered the prayer.
Raul Sesin offered the prayer.
3.
Open Forum (Audio Reference 03m:24s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 03m:35s)
The court proceeded to the approval of the Consent Agenda. No items were pulled for further discussion.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 4 - 0 -Unanimously
The court proceeded to the approval of the Consent Agenda. No items were pulled for further discussion.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 4 - 0 -Unanimously
5.
General Operations:
A.
AI -76140
Approval of Advance Funding Agreement (AFA) between Hidalgo County Drainage District No.1 and Texas Department of Transportation (TxDOT) for highway improvement generally described as rehabilitation of FM 1425 rural facility from BUS 83 to SH 107 - CSJ No. 1428-01-027 and 1428-01-028. (Audio Reference 04m:07s)
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.
Vote: 4 - 0 – Unanimously
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.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -76139
Discussion and possible action regarding Resolution in support for the nomination of individuals to the Texas Water Development Board's Region 15 Flood Planning Group Members and nomination of Supporting Political Subdivision. (Pending final legal review) (Audio Reference 04m:56s)
Raul Sesin stated that there are twelve voting members in the planning group, and will consist of twelve different categories. He further stated that these twelve individuals have been in collaboration for the last three years for the betterment of the drainage system in the tri-county area. Commissioner Fuentes added that the resolution is critical for future planning in regards to eluding possible flooding events in the area.
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: 4 - 0 – Unanimously
Raul Sesin stated that there are twelve voting members in the planning group, and will consist of twelve different categories. He further stated that these twelve individuals have been in collaboration for the last three years for the betterment of the drainage system in the tri-county area. Commissioner Fuentes added that the resolution is critical for future planning in regards to eluding possible flooding events in the area.
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: 4 - 0 – Unanimously
C.
AI -76097
Request approval of payment out of the Texas Water Development Board reimbursement funds in the amount of $125,919.06 to Hidalgo County Precinct #4 for in house Construction of Segment 1 of the Raymondville Drain for pay-periods 05 and 06. (Audio Reference 10m:07s)
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: 4 - 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: 4 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -76093
1. Requesting approval to accept bids and award a Construction Contract to lowest and best bidder meeting all specified requirements, Mor-Wil, LLC, for RFB No. HCDD1-20-026-06-10, “PD LATERAL (Phase I) -2018 Bond Referendum Project #29” Base Bid, in the total amount $1,974,528.13, as recommended by Project Engineer, Izaguirre Engineering Group, LLC, (subject to Legal Approval and Compliance with HB1295). (Audio Reference 10m:36s)
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.1.
Vote: 4 - 0 – Unanimously
2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor". (Audio Reference 11m:16s)
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 6.A.2.
Vote: 4 - 0 – Unanimously
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.1.
Vote: 4 - 0 – Unanimously
2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor". (Audio Reference 11m:16s)
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 6.A.2.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -76096
1. Requesting approval to accept bids and award a Construction Contract to lowest and best bidder meeting all specified requirements, Mor-Wil, LLC, for RFB No. HCDD1-20-029-06-10, “PD LATERAL (Phase II) -2018 Bond Referendum Project #29” Base Bid, in the total amount $1,477,555.00, as recommended by Project Engineer, Izaguirre Engineering Group, LLC, (subject to Legal Approval and Compliance with HB1295). (Audio Reference 11m:47s)
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 6.B.1.
Vote: 4 - 0 – Unanimously
2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor". (Audio Reference 12m:23s)
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 6.B.2.
Vote: 4 - 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 6.B.1.
Vote: 4 - 0 – Unanimously
2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor". (Audio Reference 12m:23s)
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 6.B.2.
Vote: 4 - 0 – Unanimously
Attachments:
7.
General Fund:
A.
AI -76092
1. Requesting approval to accept bids and award a Construction Contract to lowest and best bidder meeting all specified requirements, Mor-Wil, LLC, for RFB No. HCDD1-20-021-06-17, “Las Milpas -Hidalgo Park Estates", Base Bid, in the total amount $697,085.69, as recommended by HCDD1 Engineer IV, Jose Noe Saldivar, P.E, (subject to Legal Approval and Compliance with HB1295).(Audio Reference 12m:55s)
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.1.
Vote: 4 - 0 – Unanimously
2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor". (Audio Reference 13m:32s)
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.2.
Vote: 4 - 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 7.A.1.
Vote: 4 - 0 – Unanimously
2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor". (Audio Reference 13m:32s)
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.2.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -76077
1. Approval to reclassify Admin Budget 003: Slot #17 from Engineering Tech IV to Engineer in Training (EIT), no budget impact salary remains at G14/S1. (Audio Reference 14m:03s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 7.B.1.
Vote: 4 - 0 -Unanimously
2. Approval of personnel actions to create one (1) ROW Agent position at G15/S1 and budget amendment required for personnel action for salary and fringes in the amount of $ 41,300. (Audio Reference 14m:24s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 7.B.2.
Vote: 4 - 0 -Unanimously
3. Approval of revised Salary Schedule. (Audio Reference 14m:47s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 7.B.3.
Vote: 4 - 0 -Unanimously
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 7.B.1.
Vote: 4 - 0 -Unanimously
2. Approval of personnel actions to create one (1) ROW Agent position at G15/S1 and budget amendment required for personnel action for salary and fringes in the amount of $ 41,300. (Audio Reference 14m:24s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 7.B.2.
Vote: 4 - 0 -Unanimously
3. Approval of revised Salary Schedule. (Audio Reference 14m:47s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 7.B.3.
Vote: 4 - 0 -Unanimously
Attachments:
8.
Closed Session: (Audio Reference 14m:58s)
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 10:00 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 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 at 10:00 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 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.
9.
Open Session: (Audio Reference 15m:37s)
The court returned from Closed Session at 10:13 A.M
The court continued to item 9.A.
The court returned from Closed Session at 10:13 A.M
The court continued to item 9.A.
A.
Possible Action of Real Estate Acquisition (Audio Reference 15m:43s)
Legal Counselor, Ivan Perez made a recommendation to authorize the administration to proceed as directed, with respect to Real Estate Acquisition.
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.A as stated above by Legal Counselor, Ivan Perez.
Vote: 4 - 0 – Unanimously
Legal Counselor, Ivan Perez made a recommendation to authorize the administration to proceed as directed, with respect to Real Estate Acquisition.
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.A as stated above by Legal Counselor, Ivan Perez.
Vote: 4 - 0 – Unanimously
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.
10.
Adjourn (Audio Reference 16m:12s)
Judge Cortez adjourned the meeting at 10:14 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 4 - 0 - Unanimously
Judge Cortez adjourned the meeting at 10:14 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, 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 23rd 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 23, 2020.
Signed this 16th 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 23rd 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 23, 2020.
Signed this 16th 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