REGULAR MEETING - September 29, 2020
BE IT REMEMBERED, that on this 29th day of September A.D., 2020, there was begun and held a REGULAR 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 September 29, 2020 1:45 P.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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:37s)
Judge Cortez called the meeting to order at 1:47 P.M.
All members of the board were present during the roll call.
Judge Cortez called the meeting to order at 1:47 P.M.
All members of the board were present during the roll call.
2.
Prayer (Audio Reference 02m:00s)
Lora Briones offered the prayer.
Lora Briones offered the prayer.
3.
Open Forum (Audio Reference 02m:39s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 02m:46s)
The board 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. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 5 - 0 - Unanimously
The board 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. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 5 - 0 - Unanimously
5.
General Operations:
A.
AI -77557
Hidalgo County Drainage District No. 1 Budget for 2021
1. Discussion, consideration and action on changes to the 2021 Proposed Budget. (Audio Reference 03m:10s)
Raul Sesin stated that no modifications have been made to the 2021 Proposed Budget, and that the fund balance will be $16.4M, including a deficit of $942K by the end of the year. However, Mr. Sesin stated that the department will make adjustments throughout the coming year to make up for the deficit. Lastly, Mr. Sesin recommended the board's approval of the Adoption of the 2021 Annual Budget.
No action was taken on item 5.A.1.
2. Adoption of the 2021 Annual Budget (Audio Reference 03m:52s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.A.2.
Vote: 5 - 0 -Unanimously
3. Approval to set salaries, allowances and other compensation for Fiscal Year 2021. (Audio Reference 04m:16s)
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.3.
Vote: 5 - 0 -Unanimously
1. Discussion, consideration and action on changes to the 2021 Proposed Budget. (Audio Reference 03m:10s)
Raul Sesin stated that no modifications have been made to the 2021 Proposed Budget, and that the fund balance will be $16.4M, including a deficit of $942K by the end of the year. However, Mr. Sesin stated that the department will make adjustments throughout the coming year to make up for the deficit. Lastly, Mr. Sesin recommended the board's approval of the Adoption of the 2021 Annual Budget.
No action was taken on item 5.A.1.
2. Adoption of the 2021 Annual Budget (Audio Reference 03m:52s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.A.2.
Vote: 5 - 0 -Unanimously
3. Approval to set salaries, allowances and other compensation for Fiscal Year 2021. (Audio Reference 04m:16s)
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.3.
Vote: 5 - 0 -Unanimously
Attachments:
B.
AI -77559
Adoption of Hidalgo County Drainage District No. 1 Tax Rate
1. Public Hearing on Hidalgo County Drainage District No.1 2020 Proposed Tax Rate of $.1026 per $100.00 valuation (Audio Reference 04m:16s)
Judge Cortez opened the Public Hearing at 1:50 P.M, in which there were no participants.
No action was taken on item 5.B.1.
2. Approval of Order setting the 2020 Hidalgo County Drainage District No. 1 Tax Rate at $.1026 per $100.00 valuation (Maintenance and Operation tax rate is $0.0545 and Debt Service tax rate is 0.04810 ) (Audio Reference 05m:09s)
Commissioner Fuentes motioned that the property tax rate be increase by the adoption of the tax rate of .1026, which is effectively a 1.58% increase in the tax rate, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval of stated motion on item 5.B.2.
Vote: 5 - 0 – Unanimously
In continuation, Judge Cortez called for a record vote for item 5.B.2.
Pct. 1 Commissioner Fuentes voted - AYE
Pct. 2 Commissioner Cantu voted - AYE
Pct. 3 Commissioner Flores voted - AYE
Pct. 4 Commissioner Torres voted - AYE
County Judge Richard Cortez voted - AYE
Record Vote: 5 - 0 – Unanimously
Attachments:
C.
AI -77572
Requesting approval of Amendment No. 1 to USIBWC License No. LSF/G-1412 for Weslaco Drain Improvements project and authority for Drainage District General Manager to execute amendment and any subsequent forms as it relates to this item. (Audio Reference 06m:12s)
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.C.
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.C.
Vote: 5 - 0 – Unanimously
Attachments:
D.
AI -77573
Requesting approval and concurrence of the Plans of Proposed Roadway Improvement from TxDot CSJ: 0921-02-194 Liberty Blvd and authority for Drainage District General Manager to execute. (Audio Reference 06m:39s)
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 5.D.
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 5.D.
Vote: 5 - 0 - Unanimously
Attachments:
E.
AI -77590
Acceptance and approval of Supplemental Agreement No. 8 to the Professional Engineering Services Contract with S&B Infrastructure, LTD, for the Design Expansion of the Raymondville Drain Outfall System, to extend the termination date until October 31, 2020; pursuant to Article 8 of the Contract. (Audio Reference 07m:05s)
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 5.E.
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 5.E.
Vote: 5 - 0 - Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -77502
1. Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-038-05-21), with KCI Technologies, Inc., for the project: “Faysville Drain -2018 Bond Referendum Project #11A”, to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of October 21st, 2021 (subject to Legal review and compliance with HB1295). (Audio Reference 07m:28s)
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 6.A.1.
Vote: 5 - 0 -Unanimously
2. Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-038-05-21), with KCI Technologies, Inc., for the project: “Moorefield Faysville Drain -2018 Bond Referendum Project #11A”, to reflect a revised period of service to end on October 21st, 2021 (subject Legal review and compliance with HB1295). (Audio Reference 07m:56s)
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 6.A.2.
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 6.A.1.
Vote: 5 - 0 -Unanimously
2. Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-038-05-21), with KCI Technologies, Inc., for the project: “Moorefield Faysville Drain -2018 Bond Referendum Project #11A”, to reflect a revised period of service to end on October 21st, 2021 (subject Legal review and compliance with HB1295). (Audio Reference 07m:56s)
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 6.A.2.
Vote: 5 - 0 - Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -77576
Requesting authority to advertise and approval of plans and specifications developed by project engineer, Javier Hinojosa Engineering, for: Hidalgo County Drainage District No.1 "P.S.J.A. Lateral Drain Ditch Improvements Earling Rd. North to North Main Drain Phase I" - RFB No. HCDD1-20-063-10-28, including the re-advertising of the project in the event no Bid responses are received and/or rejected and project is still required. (Audio Reference 08m:24s)
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 7.A.
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 7.A.
Vote: 5 - 0 - Unanimously
8.
Right of Way Acquisitions:
A.
AI -77535
Requesting approval of closing documents for Parcel 2-6 as it relates to Project 2 of the 2018 Drainage Bond Program - 3 3/4 Mile Rd. & Schuerbach Rd. project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 08m:59s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 8.A.
Vote: 5 - 0 -Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 8.A.
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 09m:21s)
The court proceeded into Closed Session at 1:55 P.M.
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 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 09m:21s)
The court proceeded into Closed Session at 1:55 P.M.
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 proceed into Closed Session.
Vote: 5 - 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.
1.
AI -77589
Consultation with Legal Counsel regarding request received from IBC Bank
No action was taken on item 9.C.1.
No action was taken on item 9.C.1.
10.
Open Session: (Audio Reference 09m:48s)
The court returned from Closed Session at 2:29 P.M.
The court returned from Closed Session at 2:29 P.M.
A.
Possible Action of Real Estate Acquisition (Audio Reference 09m:51s)
No action was taken on item 10.A.
No action was taken on item 10.A.
B.
Possible Action on Pending and/or Potential Litigation (Audio Reference 09m:51s)
No action was taken on item 10.B.
No action was taken on item 10.B.
11.
Adjourn (Audio Reference 09m:55s)
Judge Cortez adjourned the meeting at 2:29 P.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 – Unanimously
Judge Cortez adjourned the meeting at 2:29 P.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, 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 29th 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 29, 2010.
Signed this 30th 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 29th 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 29, 2010.
Signed this 30th 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