SPECIAL MEETING - June 30, 2020
BE IT REMEMBERED, that on this 30th 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 30, 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:42s)
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 Cantu who joined the meeting at a later time.
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 Cantu who joined the meeting at a later time.
2.
Prayer (Audio Reference 02m:05s)
Raul Sesin offered the prayer.
Raul Sesin offered the prayer.
3.
Open Forum (Audio Reference 03m:07s)
There were no Open Forum participants.
Commissioner Cantu joined the meeting.
There were no Open Forum participants.
Commissioner Cantu joined the meeting.
4.
Approval of Consent Agenda (Audio Reference 03m:19s)
The court proceeded to the approval of the Consent Agenda. No items were pulled for further discussion.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 5 - 0 – Unanimously
The court proceeded to the approval of the Consent Agenda. No items were pulled for further discussion.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 5 - 0 – Unanimously
5.
General Operations:
A.
AI -76177
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 "Storm Drain Pipes and Related Items", RFB No. HCDD1-20-037-07-22, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required. (Audio Reference 03m:42s)
Commissioner Flores stepped away from 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 5.A.
Vote: 4 - 0 – Unanimously
Commissioner Flores stepped away from 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 5.A.
Vote: 4 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -76231
Requesting authority to advertise and approval of plans and specifications developed by project engineer,Quintanilla, Headley & Associates, Inc., for: Hidalgo County Drainage District No. 1 “Jackson Rd. Drain -2018 Bond Referendum Project #16” -RFB No. HCDD1-20-034-07-22, including the re-advertising of the project in the event no Bid responses are received and/or are rejected and project is still required. (Audio Reference 04m:12s)
Commissioner Flores rejoined the meeting.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 6.A.
Vote: 5 - 0 – Unanimously
Commissioner Flores rejoined the meeting.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 6.A.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -76232
Requesting authority to advertise and approval of Competitive Sealed Proposals packet (requirements, specifications and plans) developed by project engineer, Halff Associates, Inc., for: Hidalgo County Drainage District No. 1 -Mile 9 N & FM1015 -Package 1A Improvements -2018 Bond Referendum Project #24 -CSP No. HCDD1-20-039-07-22, including the re-advertising of the project in the event no responses are received and/or are rejected and project is still required (Audio Reference 04m:42s).
On motion by COMMISSIONER PCT. 2, EDUARDO "EDDIE" CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 6.B.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 2, EDUARDO "EDDIE" CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 6.B.
Vote: 5 - 0 – Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -76198
Approval to issue payment on the following item(s) proceeding review and compliance of contract terms & conditions:
Iowa Road Drainage Improvements-Budget 365-040-013
1. Acceptance of Certificate of Construction Completion from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-19-036-05-07 Iowa Gardens Drainage Improvements.
2. Application for Payment No.5 in the amount of $58,698.00 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-19-036-05-07-Iowa Gardens Drainage Improvements. Project Manager:Jose N. Saldivar, P.E.-HCDD1 PO#637966 (Audio Reference 05m:19s).
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.1 & 2.
Vote: 5 - 0 – Unanimously
Iowa Road Drainage Improvements-Budget 365-040-013
1. Acceptance of Certificate of Construction Completion from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-19-036-05-07 Iowa Gardens Drainage Improvements.
2. Application for Payment No.5 in the amount of $58,698.00 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-19-036-05-07-Iowa Gardens Drainage Improvements. Project Manager:Jose N. Saldivar, P.E.-HCDD1 PO#637966 (Audio Reference 05m:19s).
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.1 & 2.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -76206
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
J09 Ph.4-Budget 300
1. Application for Payment No. 2 in the amount of $86,906.36 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-19-077-12-03 Hidalgo County Precinct No. 4-J09 Phase IV Rural Drainage Development. Project Engineer: Jose N. Saldivar, P.E.-HCDD1 PO#639205 (Audio Reference 06m:01s).
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.B.
Vote: 5 - 0 – Unanimously
J09 Ph.4-Budget 300
1. Application for Payment No. 2 in the amount of $86,906.36 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-19-077-12-03 Hidalgo County Precinct No. 4-J09 Phase IV Rural Drainage Development. Project Engineer: Jose N. Saldivar, P.E.-HCDD1 PO#639205 (Audio Reference 06m:01s).
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.B.
Vote: 5 - 0 – Unanimously
Attachments:
C.
AI -76225
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Alamo Expressway Drain-Budget 320
1. Application for payment no. 2 in the amount of $34,984.13 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-047-09-25-Alamo Expressway Drain Improvements. Project Engineer: Jose Noe Saldivar, P.E.-HCDD1 PO#636128 (Audio Reference 06m:30s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 7.C.1.
Vote: 5 - 0 – Unanimously
Alamo Expressway Drain-Budget 320
1. Application for payment no. 2 in the amount of $34,984.13 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-047-09-25-Alamo Expressway Drain Improvements. Project Engineer: Jose Noe Saldivar, P.E.-HCDD1 PO#636128 (Audio Reference 06m:30s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 7.C.1.
Vote: 5 - 0 – Unanimously
Attachments:
8.
General Fund:
A.
AI -76236
1. Requesting acceptance and approval of Work Authorization No. 4 in the amount of $69,849.16 as submitted by B2Z Engineering, LLC., in relation to professional engineering services for "2018 Drainage Bond TxDot Partnership Pre-construction Activities" through awarded contract No. C-HCDD1-17-051-09-19 On Call Professional Engineering Services (Subject to legal review and compliance to Form HB 1295). (Audio Reference 07m:00s)
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.
Vote: 5 - 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 8.A.
Vote: 5 - 0 – Unanimously
Attachments:
9.
Right of Way Acquisitions:
A.
AI -76211
Requesting approval of closing documents for Parcel 24-E8 as it relates to Project 24 of the 2018 Drainage Bond Program - Mile 9 N & FM 1015 project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 07m:59s)
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 9.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 9.A.
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI -76220
1) Requesting approval of closing documents for Parcel 24-E4 as it relates to Project 24 of the 2018 Drainage Bond Program - Mile 9 N & FM 1015 project and authority for the Chairman of the Board to execute documents, subject to final legal review.
2) Requesting approval of closing documents for Parcel 24-E5 as it relates to Project 24 of the 2018 Drainage Bond Program - Mile 9 N & FM 1015 project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 07m:59s)
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 9.B.1 & 2.
Vote: 5 - 0 - Unanimously
Raul Sesin read all items under agenda item 9 for one single vote of approval.
2) Requesting approval of closing documents for Parcel 24-E5 as it relates to Project 24 of the 2018 Drainage Bond Program - Mile 9 N & FM 1015 project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 07m:59s)
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 9.B.1 & 2.
Vote: 5 - 0 - Unanimously
Raul Sesin read all items under agenda item 9 for one single vote of approval.
Attachments:
10.
Closed Session:
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following: (Audio Reference 08m:50s)
The court proceeded into Closed Session at 9:55 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 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: (Audio Reference 08m:50s)
The court proceeded into Closed Session at 9:55 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 proceed into Closed Session.
Vote: 5 - 0 - Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference item 11.A.
Reference item 11.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference item 11.B.
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)
No action was taken on item 10.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 10.C.
11.
Open Session: (Audio Reference 09m:30s)
The court returned from Closed Session at 10:05 A.M.
The court returned from Closed Session at 10:05 A.M.
A.
Possible Action of Real Estate Acquisition (Audio Reference 09m:35s)
Raul Sesin requested that the court authorize the administration to proceed as directed.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to authorize the administration to proceed as directed for item 11.A.
Vote: 5 - 0 - Unanimously
Raul Sesin requested that the court authorize the administration to proceed as directed.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to authorize the administration to proceed as directed for item 11.A.
Vote: 5 - 0 - Unanimously
B.
Possible Action on Pending and/or Potential Litigation (Audio Reference 09m:59s)
No action was taken on item 11.B.
No action was taken on item 11.B.
12.
Adjourn (Audio Reference 10m:10s)
Judge Cortez adjourned the meeting at 10:05 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 – Unanimously
Judge Cortez adjourned the meeting at 10:05 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, 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 30th 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 30, 2020.
Signed this 1st day of July 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 30th 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 30, 2020.
Signed this 1st day of July 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy