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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - August 18, 2020

BE IT REMEMBERED, that on this 18th 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 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
August 18, 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 #1 - 01m:50s)

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 #1 - 02m:13s)

Raul Sesin offered the prayer.
 
3.
 
Open Forum (Audio Reference #1 - 03m:11s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference #1 - 03m:21s)

No items were pulled from the Consent Agenda for further discussion. The court proceeded to approve the Consent Agenda.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval of the Consent Agenda.

Vote: 4 - 0 – Unanimously
 
5.
 
General Operations:
 
A.
AI -76865
1. Presentation by Burton McCumber & Longoria, LLP of the Hidalgo County Drainage District No.1's 2019 Financial Audit and Comprehensive Annual Financial Report. (Audio Reference #1 - 03m:55s)

Raul Longoria from Burton, McCumber, & Longoria, LLP presented to the court the Financial Audit and Annual Financial Report for the year ended December 31, 2019 for the Hidalgo County Drainage District No.1. Department.

No action was taken on item 5.A.1.

2. Requesting approval of the Hidalgo County Drainage District No.1 Financial Audit and the Comprehensive Annual Financial Report for the year ended December 31, 2019. (Audio Reference #1 - 15m: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 5.A.2.
                                               
 Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI -76834
1. Submission of 2020 effective and rollback tax rates for Hidalgo County Drainage District No.1 (Audio Reference #1 - 15m:46s)

Paul Villareal, with the Hidalgo County Tax Office, stated that the new name for Effective Tax Rate is now called the No New Revenue Tax Rate at .1010 & the new name for Rollback Tax Rate is now called the Voter Approval Tax Rate at .1026.

2. Discussion of 2020 planning calendar. (Audio Refernce #1 - 17m:26s)

Villareal also stated that the two public hearings have been reduced to one, and the adoption of the tax rate could be held that same day of September 29, 2020.

3. Discussion of 2020 tax rates. (Audio Reference #1 - 18m:21s)

Raul Sesin presented before the board the 2020 tax rates. In which, Mr. Sesin confirmed that the No New Revenue Tax Rates at .1010 and the Voter Approval Tax Rates at .1026. He further stated that the department would like to propose the Voter Approval Tax Rate at .1026 for the upcoming year. 

Legal Advisor, Ivan Perez recommended to proceed with a motion for the proposed tax rate, and the scheduling of one public hearing, as recommended by Mr. Villareal.

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 proposed tax rate, and the scheduling of one public hearing on item 5.B.

Vote: 4 - 0 -Unanimously 

4. Record vote on proposed 2020 tax rate and schedule two (2) public hearings if proposed tax rate exceeds the lower of the effective or rollback rates. (Audio Reference # 1 - 23m:03s)

Judge Cortez called for a roll call vote on the proposed 2020 tax rate of .1026, and the scheduling of one public hearing.

Roll call vote was recorded as follows:

Precinct 1 - Commissioner Fuentes - AYE
Precinct 2 - Commissioner Cantu - AYE
Precinct 3 - Commissioner Flores - ABSENT
Precinct 4 - Commissioner Torres - AYE
County Judge - Richard Cortez - AYE

Vote - 4 - 0 Unanimously

Mr. Villareal requested the approval of September 29, 2020 at 9:45 a.m. as the date and time of the public hearing, and the adoption of the tax rate. (Audio Reference #1 - 23m:20s) 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of September 29, 2020 at 9:45 a.m. as the date and time of the public hearing, and the adoption of the tax rate.

Vote: 4 - 0 - Unanimously

(Audio Reference #1 - 40m:05s) The court returned to rescind action on the time of the public hearing, and modify the scheduled time to 1:45 p.m  on September 29, 2020.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to rescind action on the time of the public hearing, and modify the scheduled time to 1:45 p.m on September 29, 2020.

Vote: 4 - 0 -Unanimously

The court resumed back to item 7.A. (Audio Reference #1 - 42m:37s)
 
C.
AI -76832
Requesting approval to authorize and designate Raul E. Sesin, PE, CFM as Subrecipient Authorized Representative to closeout Texas Division of Emergency Management DR-1780 Hurricane Dolly Grant. (Audio Reference #1 - 24m:21s)

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 5.C.

Vote: 4 - 0 -Unanimously
 
Attachments:
 
D.
AI -76910
A.) Discussion, consideration and authorization for Drainage District's General Manager Raul E. Sesin, P.E., C.F.M., and Board Members David L. Fuentes and Ellie Torres to submit comments to the Texas General Land Office regarding the State of Texas CDBG-DR Action Plan for 2018 South Texas Floods. 
B.) Discussion, consideration and authorization for Drainage District's General Manager Raul E. Sesin, P.E., C.F.M., and Board Members David L. Fuentes and Ellie Torres to submit comments to the Texas General Land Office regarding the State of Texas CDBG-DR Action Plan for 2019 Disasters. (Audio Reference #1 - 24m:56s)

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 5.D.A & B.

Vote: 4 - 0 -Unanimously

C.) Discussion, consideration and authorization for Hidalgo County Drainage District No.1 to submit waiver to the Texas General Land Office and U.S. Department of Housing and Urban Development regarding the State of Texas CDBG-DR Action Plan for 2018 South Texas Floods.
D.) Discussion, consideration and authorization for Hidalgo County Drainage District No. 1 to submit a waiver to Texas General Land Office and U.S. Department of Housing and Urban Development regarding the State of Texas CDBG-DR Action Plan for 2019 Disasters. (Audio Reference #1 28m:21s)

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.C & D.
                                               
 Vote: 4 - 0 – Unanimously

E.) Requesting approval to complete and submit a joint application with Hidalgo County for the 2015 Flood State Mitigation Competition to the Texas General Land Office. 
F.) Requesting approval to complete and submit a joint application with Hidalgo County for the 2016 Flood State Mitigation Competition to the Texas General Land Office. (Audio Reference # 1 - 30m:17s)

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.E.& F
                                               
 Vote: 4 - 0 – Unanimously

G.) Discussion and possible action regarding the nomination of individuals to the Texas General Land Office's CDBG-MIT Citizen Advisory Committee. (Audio Reference #1 - 32m:20s)

Jaime Salazar explained to the board that the Texas GLO Office has established a Citizen Advisory Committee. He further stated that the purpose of the committee would be to advise the General Land Office on the implementation of CDBG-MIT programs.

Jaime Salazar stated that the following qualified individuals have been nominated thus far: Commissioner David Fuentes, Raul Sesin, and Commissioner Ellie Torres.

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 5.D.G nominations.

Vote: 4 - 0 - Unanimously 
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -76928
1.  Presentation of scoring grid ( for the purposes of ranking by HCDD1 Board of Directors) of the graded and evaluated firms submitting responses to the CSP No. HCDD1-20-039-07-22 “Mile 9 N & FM 1015 –Package 1A Improvements- 2018 Bond Referendum Project #24” (Audio Reference #1 - 35m:55s)
.
FIRM NAME: SCORE: RANK
Mor-Wil, LLC 94.33  
Saenz Brothers Construction, LLC  87.68  
IOC Company, Inc. 85.61  
Jimenez Engineering Solutions dba International Consulting Engineers (ICE) 85.01  
RG Enterprises, LLC dba G&G Contractors 83.35  
Go Underground, LLC 74.70  
Jimmy Closner & Sons Construction  Co., Inc. 74.57  
                                       
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.1.

Vote: 4 - 0 – Unanimously

2.  Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Construction Services Agreement with the number one ranked firm of: Mor-Wil, LLC., for the provision construction services for: “Mile 9 N & FM 1015 –Package 1A Improvements- 2018 Bond Referendum Project #24” (Audio Reference #1 -  36m:50s)

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.A.2

Vote: 4 - 0 - Unanimously 
 
B.
AI -76938
Requesting acceptance and approval of Work Authorization No. 1 for the provision of Construction Materials Testing Services for:  "Jackson Rd. Drain Phase I -2018 Bond Referendum Project #16" in the amount of $ 50,542.64, through awarded Contract No. C-HCDD1-20-027-05-19, with B2Z Engineering, LLC., for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services" (Subject to Legal Review). (Audio Reference #1 - 37m:15s)

Raul Sesin stated that there was a typographical error on the amount stated on agenda item 6.B. The amount should state $78,484.04, and not $50,542.64.

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, with the corrected amount of $78,484.04.
                                               
 Vote: 4 - 0 – Unanimously
Attachments:
 
C.
AI -76940
1.  Requesting approval of Supplemental Agreement No. 1 to the Professional Engineering Services Contract (C-HCDD1-19-046-07-01), with Guzman & Munoz Engineering and Surveying, Inc., for the project: “Malone Drive & Pomelo Road (Project #18) and Old La Blanca & Mile 10 N (Project #28) -2018 Bond Referendum Projects", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of   March 19, 2021 (subject to Legal review and compliance with HB1295). (Audio Reference #1 - 38m:28m)

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.C.1.
                                               
 Vote: 4 - 0 – Unanimously

2.  Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-046-07-01), with Guzman & Munoz Engineering and Surveying, Inc., for the project: “Malone Drive & Pomelo Road (Project #18) and Old La Blanca & Mile 10 N (Project #28) -2018 Bond Referendum Projects", to reflect a revised period of service to end on  March 19, 2021 (subject Legal review and compliance with HB1295). (Audio Reference #1 - 39m:20s)

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.C.2.
                                               
 Vote: 4 - 0 – Unanimously

Valde Guerra requested that the court return back to item 5.B. to rescind action taken on the time of the public hearing. (Audio Reference #1 - 40m:05s)
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -76926
1. Presentation of scoring grid ( for the purposes of ranking by HCDD1 Board of Directors) of the graded and evaluated firms submitting responses to the CSP No. HCDD1-20-038-07-29 “Delta Regional Water Management Project (Panchitas Detention Pond) - 2013 Bond Series" (Audio Reference #1 - 42m:37s)
 
FIRM NAME: SCORE: RANK
Saenz Brothers Construction, LLC 81.24  
Gonzalez Enterprises, LLC 78.33  
Texas Cordia Construction, LLC 65.52  
Jimenez Engineering Solutions dba International Consulting Engineers (ICE) 62.85  
RDH Site & Concrete, LLC 60.55  
2GS, LLC dba Earthworks Enterprises 58.17  

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 7.A.1.

Vote: 4 - 0 - Unanimously 

2.  Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Construction Services Agreement with the number one ranked firm of: Saenz Brothers Construction, LLC, for the provision construction services for “Delta Regional Water Management Project (Panchitas Detention Pond) - 2013 Bond Series" (Audio Reference #1 - 43m:35s)

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 7.A.2.

Vote: 4 - 0 - Unanimously 
 
B.
AI -76854
Requesting approval of Supplemental Agreement No. 4 to Agreement for Professional Engineering Services with L&G Engineering as it relates to "Pharr Mcallen Drain & South Flood Water Channel Watershed Improvement Project" to amend the current contract to extend the termination date to August 31, 2021. (subject to legal approval and compliance to HB1295). (Audio Reference #1 - 43m:58s)

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: 4 - 0 – Unanimously
Attachments:
 
8.
 
Right of Way Acquisitions:
 
A.
AI -76921
Requesting approval of closing documents for Parcel 18-E1 as it relates to Project 18 of the 2018 Drainage Bond Program - Malone Dr. & Pomelo Rd. project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference #1 - 44m: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 8.A.
                                               
 Vote: 4 - 0 – Unanimously
Attachments:
 
9.
 
Closed Session: (Audio Reference #1 - 44m:44s)
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 did not proceed into Closed Session - item 9.
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference item 9.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

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 9.C.
 
10.
 
Open Session:

The court did not proceed into Open Session - item 10.
 
A.
 
Possible Action of Real Estate Acquisition

No action was taken on item 10.A.
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on item 10.B.
 
11.
 
Adjourn (Audio Reference #1 - 44m:50s)

Judge Cortez adjourned the meeting at 10:31 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: 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 18th 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 18, 2020.

Signed this 19th 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