SPECIAL MEETING - August 4, 2020
BE IT REMEMBERED, that on this 4th day of August 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 August 4, 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:47s)
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:24s)
Raul Sesin offered the prayer.
Raul Sesin offered the prayer.
3.
Open Forum (Audio Reference 03m:35s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 03m:45s)
No Consent Agenda items were pulled for further discussion.
The court proceeded to approve the Consent Agenda.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 4 - 0 - Unanimously
Commissioner Cantu was not present during the approval of the Consent Agenda.
No Consent Agenda items were pulled for further discussion.
The court proceeded to approve the Consent Agenda.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 4 - 0 - Unanimously
Commissioner Cantu was not present during the approval of the Consent Agenda.
5.
General Operations:
A.
AI -76686
Discussion and update as it relates to Hurricane Hanna (Audio Reference 04m:04s)
Commissioner Cantu joined the meeting.
Raul Sesin, with the Drainage District No.1 Department, gave an overview of the flooding and its affect on the drainage system throughout the county. Commissioner Fuentes and Commissioner Torres expressed their concerns on the severity of the standing floodwater that is in their precincts, and requested that more solutions are explored to improve the drainage systems in the areas most affected. Furthermore, the departments are working in collaboration in efforts to recover from the aftermath of Hurricane Hanna as quickly as possible.
No action was on item 5.A.
Commissioner Cantu joined the meeting.
Raul Sesin, with the Drainage District No.1 Department, gave an overview of the flooding and its affect on the drainage system throughout the county. Commissioner Fuentes and Commissioner Torres expressed their concerns on the severity of the standing floodwater that is in their precincts, and requested that more solutions are explored to improve the drainage systems in the areas most affected. Furthermore, the departments are working in collaboration in efforts to recover from the aftermath of Hurricane Hanna as quickly as possible.
No action was on item 5.A.
B.
AI -76651
Requesting approval to accept bids and approval to execute Requirements Agreements with multiple vendors submitting the lowest and best bid meeting all specified requirements for RFB No.HCDD1-20-037-07-22 "Storm Drain Pipes and Related Items", subject to legal review and compliance to HB1295 (Audio Reference 13m: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 5.B.
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 5.B.
Vote: 5 - 0 – Unanimously
Attachments:
C.
AI -76644
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 "Sale and Removal of Fill Dirt -Located between Texas Blvd. & Pomelo Rd. on the north side of Military Hwy. U.S. 281, RFB No. HCDD1-20-048-08-26, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required. (Audio Reference 13m:54s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 5.C.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 5.C.
Vote: 5 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -76681
Requesting approval of final negotiated Archeological Surveying Services Contract No. C-HCDD1-20-028-08-04, with Raba Kistner, Inc., as it relates to "Archeological Surveying Services -2018 Bond Referendum Projects", approved for negotiations by the HCDD1 Board of Directors on AI# 76105 (07/21/20), (subject to Legal Review and compliance to HB1295). (Audio Reference 14m:28s)
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
Attachments:
B.
AI -76664
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Pharr Mcallen Drain-Budget 531
1. Application for Payment No. 3 in the amount of $253,000.68 from Mor-Wil, LLC pertaining Construction Contract No. HCDD1-19-002-01-09 Pharr-McAllen Drain Improvements. Engineer: L&G Consulting Engineers PO#637637. (Audio Reference 14m:54s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.B.
Vote: 5 - 0 - Unanimously
Pharr Mcallen Drain-Budget 531
1. Application for Payment No. 3 in the amount of $253,000.68 from Mor-Wil, LLC pertaining Construction Contract No. HCDD1-19-002-01-09 Pharr-McAllen Drain Improvements. Engineer: L&G Consulting Engineers PO#637637. (Audio Reference 14m:54s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.B.
Vote: 5 - 0 - Unanimously
Attachments:
C.
AI -76688
Budget:010-Raymondville Drain Ph.1 Seg.4
A. Request approval to issue payment on award of special commissioners pertaining to condemnation proceedings for Cause No.CCD-0533-A Parcel No. 27-BIC Development Corporation (Audio Reference 15m:22s)
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.C.A.
Vote: 5 - 0 – Unanimously
After Closed Session, Raul Sesin requested that the court returned back to item 6.C.A, and asked to rescind action on item 6.C.A. (Audio Reference 18m:22)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to rescind action on 6.C.A.
Vote: 5 - 0 - Unanimously
The court proceeded to item 10.A.
B. Approval to issue payment on three(3)Special Commissioners fees related to Cause No.CCD-0533-A as noted on Item A above (Audio Reference 15m:49s)
Raul Sesin named the three Special Commissioners: Amrit Keswani, Jesse Villalobos, and Iliana Castillo.
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.C.B.
Vote: 5 - 0 – Unanimously
A. Request approval to issue payment on award of special commissioners pertaining to condemnation proceedings for Cause No.CCD-0533-A Parcel No. 27-BIC Development Corporation (Audio Reference 15m:22s)
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.C.A.
Vote: 5 - 0 – Unanimously
After Closed Session, Raul Sesin requested that the court returned back to item 6.C.A, and asked to rescind action on item 6.C.A. (Audio Reference 18m:22)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to rescind action on 6.C.A.
Vote: 5 - 0 - Unanimously
The court proceeded to item 10.A.
B. Approval to issue payment on three(3)Special Commissioners fees related to Cause No.CCD-0533-A as noted on Item A above (Audio Reference 15m:49s)
Raul Sesin named the three Special Commissioners: Amrit Keswani, Jesse Villalobos, and Iliana Castillo.
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.C.B.
Vote: 5 - 0 – Unanimously
Attachments:
7.
General Fund:
A.
AI -76650
Administration Budget 003 (Audio Reference 16m:19s)
1. Requesting approval to create Clerk III position and set salary at Grade 5 step 1, no budget impact for 2020
2. Requesting approval of updated Salary Schedule
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 7.A.1 & 2.
Vote: 5 - 0 -Unanimously
1. Requesting approval to create Clerk III position and set salary at Grade 5 step 1, no budget impact for 2020
2. Requesting approval of updated Salary Schedule
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 7.A.1 & 2.
Vote: 5 - 0 -Unanimously
Attachments:
B.
AI -76677
Requesting approval to enter into a twelve (12) month Agreement with Communitybrands, for the Upgrade of the HCDD1 MIP Advance Accounting Software in the total amount of $1,595.00 for set up, and a Monthly MIP Cloud Cost (Maintenance & Support) of $1,112.92, with authority for General Manager, Mr. Raul E. Sesin, P.E., CFM, to execute related documents. (subject to compliance to HB1295) (Audio Reference 16m:39s)
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.B.
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 7.B.
Vote: 5 - 0 – Unanimously
Attachments:
8.
Right of Way Acquisitions:
A.
AI -76676
Requesting approval of closing documents for Parcel 24-E1 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. (Audio Reference 17m:09s)
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 8.A.
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 8.A.
Vote: 5 - 0 – Unanimously
Attachments:
9.
Closed Session: (Audio Reference 17m:49s)
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 10:03 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by JUDGE RICHARD CORTEZ, 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 10:03 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by JUDGE RICHARD CORTEZ, 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 18m:18s)
The court returned from Closed Session at 10:20 A.M.
The court returned back to item 6.C.A to rescind action. (Audio Reference 18m:22s)
The court returned from Closed Session at 10:20 A.M.
The court returned back to item 6.C.A to rescind action. (Audio Reference 18m:22s)
A.
Possible Action of Real Estate Acquisition (Audio Reference 18m:40s)
Raul Sesin requested that the board authorize as discussed to proceed with the Real Estate Acquisition.
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 10.A.
Vote: 5 - 0 – Unanimously
Raul Sesin requested that the board authorize as discussed to proceed with the Real Estate Acquisition.
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 10.A.
Vote: 5 - 0 – Unanimously
B.
Possible Action on Pending and/or Potential Litigation (Audio Reference 18m:59s)
Raul Sesin stated that no action was to be taken on item 10.B.
Raul Sesin stated that no action was to be taken on item 10.B.
11.
Adjourn (Audio Reference 19m:03s)
Judge Cortez adjourned the meeting at 10:21 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: 5 - 0 - Unanimously
Judge Cortez adjourned the meeting at 10:21 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: 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 4th day of August, 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 August 4, 2020.
Signed this 4th day of August 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 4th day of August, 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 August 4, 2020.
Signed this 4th day of August 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy