SPECIAL MEETING - July 7, 2020
BE IT REMEMBERED, that on this 7th day of July 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 July 7, 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:44s)
Judge Cortez called the meeting to order at 9:47 A.M.
All members of the court were present during the roll call.
Judge Cortez called the meeting to order at 9:47 A.M.
All members of the court were present during the roll call.
2.
Prayer (Audio Reference 02m:12s)
Jaime Salazar offered the prayer.
Jaime Salazar offered the prayer.
3.
Open Forum (Audio Reference 02m:48s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 03m:00s)
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. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on 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. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on the Consent Agenda.
Vote: 5 - 0 -Unanimously
5.
General Operations:
A.
AI -76299
Requesting approval of Memorandum of Understanding between the Hidalgo County Drainage District No.1 and the City of Weslaco as it relates to the HCDD1 Phase I Flood Control Project; application submitted to the Texas Water Development Board on June 14, 2020. (Pending final legal review) (Audio Reference 03m:25s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 5.A.
Vote: 5 - 0 -Unanimously
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 5.A.
Vote: 5 - 0 -Unanimously
Attachments:
B.
AI -76302
Requesting approval of final negotiated Professional Services Agreement No. C-HCDD1-20-031-07-07, with L&G Consulting Engineers, Inc., dba L&G Engineering, as it relates to Professional Construction Materials Testing (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District No.1 Projects. Approved for negotiations by the HCDD1 Board of Directors on AI# 75746 (06-02-20). Subject to Legal Review. Compliance to HB1295 has been met. (Audio Reference 04m: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
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
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -76285
1. Requesting approval to accept bid and award a Construction Contract to lowest and best bidder meeting all specified requirements for RFB No. HCDD1-20-009-06-24, “South Lateral Drain Improvements Phase I (McColl Road to San Juan Road) -2018 Bond Referendum Project #34" in the total amount $2,993,040.78, to Castle Enterprises, LLC, as recommended by project engineer L&G Engineering. Inc. (subject to Legal Approval and Compliance with HB1295). (Audio Reference 04m:43s)
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.A.1.
Vote: 5 - 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 05m:20s)
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.A.2
Vote: 5 - 0 – Unanimously
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.A.1.
Vote: 5 - 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 05m:20s)
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.A.2
Vote: 5 - 0 – Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -76261
Requesting authority to advertise and approval of Competitive Sealed Proposals packet (requirements, specifications and plans) developed by HCDD1 Project Engineer, Jose Noe Saldivar, P.E., Engineer IV, for: Hidalgo County Drainage District No. 1 -Delta Regional Water Management Project (Panchitas Detention Pond) -2013 Bond Series -CSP No. HCDD1-20-038-07-29, 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 05m:46s)
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 7.A.
Vote: 5 - 0 - Unanimously
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 7.A.
Vote: 5 - 0 - Unanimously
Attachments:
8.
Right of Way Acquisitions:
A.
AI -76306
Requesting approval of the North Alamo Water Supply Corporation Crossing Consent Agreement as it relates to the the J-14 Drainage Project, subject for final legal review. (Audio Reference 06m:24s)
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 8.A.
Vote: 5 - 0 - Unanimously
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 8.A.
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI -76309
Discussion and Approval by Hidalgo County Drainage District No. 1 of Resolution recognizing the necessity of acquiring easements or rights of way or fee title in connection with the construction of Inspiration Rd Drainage Improvement Project in Hidalgo County, Texas and authorizing the acquisition of said easements or rights of way or fee title described in the Resolution and exhibits thereto by condemnation(eminent domain)or otherwise. Single vote shall apply to all units of property described in said Resolution.Subject to final legal review. (Audio Reference 06m:48s)
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.B.
Vote: 5 - 0 - Unanimously
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.B.
Vote: 5 - 0 - Unanimously
Attachments:
9.
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 07m:24s)
The court proceeded into Closed Session at 09:53 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: 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 07m:24s)
The court proceeded into Closed Session at 09:53 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: 5 - 0 – Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference 10.A.
Reference 10.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference 10.B.
Reference 10.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 9.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 9.C.
10.
Open Session: (Audio Reference 07m:58s)
The court returned from Closed Session at 10:01 A.M.
The court returned from Closed Session at 10:01 A.M.
A.
Possible Action of Real Estate Acquisition (Audio Reference 08m:03s)
Raul Sesin requested action of approval as discussed in the Closed Session 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 as discussion in the Closed Session meeting.
Vote: 5 - 0 – Unanimously
Raul Sesin requested action of approval as discussed in the Closed Session 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 as discussion in the Closed Session meeting.
Vote: 5 - 0 – Unanimously
B.
Possible Action on Pending and/or Potential Litigation (Audio Reference 08m:22s)
No action was taken on item 10.B.
No action was taken on item 10.B.
11.
Adjourn (Audio Reference 08m:25s)
Judge Cortez adjourned the meeting at 10:01 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 10:01 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 7th day of July, 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 July 7, 2020.
Signed this 7th 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 7th day of July, 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 July 7, 2020.
Signed this 7th 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