SPECIAL MEETING - September 22, 2020
BE IT REMEMBERED, that on this 22nd day of September 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 DAVID FUENTES HONORABLE EDUARDO "EDDIE" CANTU HONORABLE JOE M. FLORES HONORABLE ELLIE TORRES |
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 September 22, 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:
In accordance with section 418.016 of the Texas Government Code, Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location. As a result, all or some government officials may participate via videoconference. Additionally, members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive
To participate in public comment, please call: (956) 292-7630 and you will be given further instruction and be provided with a toll free number at that time.
1.
Roll Call (Audio Reference 01m:35s)
Commissioner Cantu called the meeting to order at 9:48 A.M.
All members of the board were present during the roll call, with the exception of Judge Cortez.
Commissioner Cantu called the meeting to order at 9:48 A.M.
All members of the board were present during the roll call, with the exception of Judge Cortez.
2.
Prayer (Audio Reference 01m:52s)
Jaime Salazar offered the prayer.
Jaime Salazar offered the prayer.
3.
Open Forum (Audio Reference 02m:33s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 02m:45s)
The court proceeded to approve 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: 4 - 0 – Unanimously
The court proceeded to approve 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: 4 - 0 – Unanimously
5.
General Operations:
A.
AI -77487
Discussion and possible action to submit the Intent to Apply Form and Complete Application for Flood Infrastructure Fund 2020 Phase 1 Flood Control Project (Abridge App Number 13689 ) to the Texas Water Development Board and authorize Raul E. Sesin, PE, CFM, District General Manager to execute all documents related to said Form and Application. (Audio Reference 03m:04s)
Raul Sesin, along with Commissioner Fuentes and Commissioner Torres were pleased to announce that the County will be receiving nearly $10M in grant funds to help improve Hidalgo County's flood infrastructure.
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.
Vote: 4 - 0 – Unanimously
Raul Sesin, along with Commissioner Fuentes and Commissioner Torres were pleased to announce that the County will be receiving nearly $10M in grant funds to help improve Hidalgo County's flood infrastructure.
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.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -77417
Requesting approval of the continuation of the Super Extended Maintenance Agreement with Syn-Tech Systems, Inc. for the Fuel Management System (Hardware & Software) for a period of 12 months including automatic annual renewals for as long as the District owns and operates the system, through the District's membership with Buyboard Contract No. 590-19. (Procurement # C- HCDD1-20-062-09-22). (Audio Reference 06m:53s)
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
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 -77434
Requesting approval to accept bids, and approval to execute Requirement Agreement to the lowest and best bidder meeting all specified requirements, for RFB No.HCDD1-20-050-09-02 "Concrete Mix and Related Items", subject to legal review and compliance to HB1295. (Audio Reference 07m:29s)
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.C.
Vote: 4 - 0 - Unanimously
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.C.
Vote: 4 - 0 - Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -77459
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Budget 529-PD Lateral (Ph.1)
1. Approval to issue Application for Payment No. 1 in the amount of $196,467.30 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-026-06-23 PD Lateral (Ph.1) PO#640211 (Audio Reference 07m:51s)
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.1.
Vote: 4 - 0 - Unanimously
Budget 529-PD Lateral (Ph.1)
1. Approval to issue Application for Payment No. 1 in the amount of $196,467.30 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-026-06-23 PD Lateral (Ph.1) PO#640211 (Audio Reference 07m:51s)
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.1.
Vote: 4 - 0 - Unanimously
Attachments:
B.
AI -77460
Requesting acceptance and approval of Work Authorization No. 3 for the provision of Construction Materials Testing Services for: "Sunflower Drain -2018 Bond Referendum Project #36" in the amount of $34,385.18, through awarded Contract No. C-HCDD1-20-019-03-10, with Raba Kistner, Inc., for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services" (Subject to Legal Review). (Audio Reference 08m:14s)
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: 4 - 0 - Unanimously
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: 4 - 0 - Unanimously
Attachments:
C.
AI -77471
Requesting approval of Supplemental Agreement No. 1 to the Archeological Surveying Services Contract (C-HCDD1-20-028-08-04), with Raba Kistner, Inc., for: “Archeological Surveying Services -2018 Bond Referendum Projects", to reflect a Revised Exhibit "B"-Fee Schedule, to include the following Two (2) additional Bond Project Sites:
1. Mile 10 N. & Baseline Road -2018 Bond Referendum Project #20, $12,642.00
2. South Lateral Drain -2018 Bond Referendum Project #34, $11,594.00;
(subject to Legal review and compliance with HB1295). (Audio Reference 08m:44s)
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.C.1 & 2.
Vote: 4 - 0 - Unanimously
1. Mile 10 N. & Baseline Road -2018 Bond Referendum Project #20, $12,642.00
2. South Lateral Drain -2018 Bond Referendum Project #34, $11,594.00;
(subject to Legal review and compliance with HB1295). (Audio Reference 08m:44s)
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.C.1 & 2.
Vote: 4 - 0 - Unanimously
Attachments:
7.
General Fund:
A.
AI -77457
Requesting approval to enter into a 60 month Lease Agreement with Dell Financial Services, LLC, through the District's membership and participation with the Texas Department of Information Resources, contract with Dell Marketing LP, (Contract No. DIR-TSO-3763) for the lease and technical support of One Dell EMC SCv3020 Storage System, Network Components, and Accessories in the amount of $1,269.21 per month. (Subject to compliance with HB1295 -Procurement Reference No. C-HCDD1-20-052-09-22). (Audio Reference 09m:23s)
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.
Vote: 4 - 0 - Unanimously
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.
Vote: 4 - 0 - Unanimously
Attachments:
8.
Right of Way Acquisitions:
A.
AI -77462
Requesting approval of closing documents for Parcel 18-E2 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 10m:01s)
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 8.A.
Vote: 4 - 0 - Unanimously
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 8.A.
Vote: 4 - 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 10m:28s)
The court proceeded into Closed Session at 9:59 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: 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: (Audio Reference 10m:28s)
The court proceeded into Closed Session at 9:59 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: 4 - 0 - Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference item 10.A.
Reference item 10.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference item 10.B.
Reference item 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 11m:11s)
The court returned from Closed Session at 10:09 A.M.
The court returned from Closed Session at 10:09 A.M.
A.
Possible Action of Real Estate Acquisition (Audio Reference 11m:15s)
Raul Sesin requested that the court take action as discussed in Closed Session for item 10.A.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval as requested above on item 10.A.
Vote: 4 - 0 - Unanimously
Raul Sesin requested that the court take action as discussed in Closed Session for item 10.A.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval as requested above on item 10.A.
Vote: 4 - 0 - Unanimously
B.
Possible Action on Pending and/or Potential Litigation (Audio Reference 11m:36s)
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 11m:38s)
Commissioner Cantu adjourned the meeting at 10:10 A.M.
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 adjourn the meeting.
Vote: 4 - 0 - Unanimously
Commissioner Cantu adjourned the meeting at 10:10 A.M.
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 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 22nd day of September, 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 September 22, 2020.
Signed this 28th day of September 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 22nd day of September, 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 September 22, 2020.
Signed this 28th day of September 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy