SPECIAL MEETING - October 13, 2020
BE IT REMEMBERED, that on this 13th day of October 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 October 13, 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:38s)
Judge Cortez called the meeting to order at 9:45 A.M.
All members of the board were present during the roll call.
Judge Cortez called the meeting to order at 9:45 A.M.
All members of the board were present during the roll call.
2.
Prayer (Audio Reference 02m:00s)
Jaime Salazar offered the prayer.
Jaime Salazar offered the prayer.
3.
Open Forum (Audio Reference 02m:42s)
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 approve the Consent Agenda. No Consent Agenda items were pulled for further discussion.
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: 5 - 0 - Unanimously
The court proceeded to approve the Consent Agenda. No Consent Agenda items were pulled for further discussion.
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: 5 - 0 - Unanimously
5.
General Operations:
A.
AI -77788
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 “Inlets, Manholes and Related Items”, RFB No. HCDD1-20-064-11-04, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required. (Audio Reference 03m:33s)
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 5.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 5.A.
Vote: 5 - 0 -Unanimously
Attachments:
6.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -77809
Requesting approval of Change Order No. 2 reflecting an increase in the amount of $201,914.94, and One Hundred and Eighteen (118) additional construction calendar days, in connection with contract No. C-HCDD1-20-002-02-11 -Hidalgo County Drainage District No. 1 " Mission Inlet Drainage Improvements Project (Section C & F-Balboa Estates Area Drainage Improvements)" with Castle Enterprises, LLC, as recommended by project engineer, L&G Engineering (subject to compliance to HB1295). (Audio Reference 03m:59s)
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.
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.
Vote: 5 - 0 -Unanimously
Attachments:
7.
General Fund:
A.
AI -77737
1. Approval of FEMA Project Completion and Certification Report (P.4) for PW-01528 (2676) (1535) 2015 Rain Event.
2. Approval of TDEM Applicant's Attestation for Duplication of Benefits for PW-01528 (2676 (1535). (Audio Reference 05m:09s)
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.1 & 2.
Vote: 5 - 0 - Unanimously
2. Approval of TDEM Applicant's Attestation for Duplication of Benefits for PW-01528 (2676 (1535). (Audio Reference 05m:09s)
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.1 & 2.
Vote: 5 - 0 - Unanimously
8.
TCEQ Raymondville Drain Project Phase 2:
A.
AI -77780
1). Discussion and approval of Subgrant Reimbursement Contract No. 582-20-10601 with Texas Commission on Environmental Quality in the amount of $7,000,000.00 for Raymondville Drain Project Phase 2 and approval for Drainage District No.1 General Manager to execute contract and all subsequent forms regarding Contract No. 582-20-10601. (Pending Final Legal Review) (Audio Reference 05m:41s)
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 8.A.1.
Vote: 5 - 0 – Unanimously
2). Request approval of a Budget Amendment in Fund (123) of the Special Revenues, in the amount of $7,000,000.00 in line items as specified in Attachment B of Texas Commission on Environmental Quality Subgrant Reimbursement Contract No. 582-20-10601. (Audio Reference 06m:29s)
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 8.A.2.
Vote: 5 - 0 – Unanimously
3). Requesting approval to purchase the following heavy equipment through the Districts membership with BuyBoard awarded Contract No. 597-19 through Doggett Machinery Services: (Audio Reference 06m:51s)
Action was taken on item 8.A.5 for item 8.A.3.
4). Requesting approval to purchase the following heavy equipment through the Districts membership with Sourcewell awarded Contract No. 032119 through Holt Texas, LTD. (Audio Reference 07m:18s)
5). Requesting approval to purchase the following Ford pickup trucks from Silsbee Ford Inc. through the District’s membership with GoodBuy Purchasing Cooperative Contract No. 20-8F000 in the total amount of $196, 264.50 to include freight. (Audio Reference 07m:39s)
Vote: 5 - 0 – Unanimously
6). Request approval of a Budget Amendment in the amount of $3,100,000.00 out of the General Fund Unreserved Fund Balance for the purchase of the above-mentioned equipment and vehicles in preparation for the Raymondville Drain Project Phase 2. (Audio Reference 08m:15s)
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.6.
Vote: 5 - 0 – Unanimously
7). Approval to create Eight (8) Equipment Operator III Temporary positions (G10-S1) and two (2) Equipment Operator IV Temporary positions (G12-S1) in preparation for the Raymondville Drain Project Phase 2. (Audio Reference 08m:43s)
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 8.A.7.
Vote: 5 - 0 – Unanimously
8). Approval of Budget Amendment to fund newly created temporary positions for Raymondville Drain Project Phase 2 in the amount of $83,000. (Audio Reference 09m:03s)
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 8.A.8.
Vote: 5 - 0 – Unanimously
9). Approval of Updated Salary Schedule. (Audio Reference 09m:19s)
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.A.9.
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 8.A.1.
Vote: 5 - 0 – Unanimously
2). Request approval of a Budget Amendment in Fund (123) of the Special Revenues, in the amount of $7,000,000.00 in line items as specified in Attachment B of Texas Commission on Environmental Quality Subgrant Reimbursement Contract No. 582-20-10601. (Audio Reference 06m:29s)
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 8.A.2.
Vote: 5 - 0 – Unanimously
3). Requesting approval to purchase the following heavy equipment through the Districts membership with BuyBoard awarded Contract No. 597-19 through Doggett Machinery Services: (Audio Reference 06m:51s)
- (2) John Deere 670G - Motorgraders Extended Warranty included: $463,106.50
- (2) John Deere 470G - Short Boom Excavators Extended Warranty included: $801,916.00
Action was taken on item 8.A.5 for item 8.A.3.
4). Requesting approval to purchase the following heavy equipment through the Districts membership with Sourcewell awarded Contract No. 032119 through Holt Texas, LTD. (Audio Reference 07m:18s)
- (4) CAT 326 - Long Reach Excavators – Extended Warranty included: $1,001,200.00
5). Requesting approval to purchase the following Ford pickup trucks from Silsbee Ford Inc. through the District’s membership with GoodBuy Purchasing Cooperative Contract No. 20-8F000 in the total amount of $196, 264.50 to include freight. (Audio Reference 07m:39s)
- (6) 2021 Ford F-250 4x4 Crew Cabs
Vote: 5 - 0 – Unanimously
6). Request approval of a Budget Amendment in the amount of $3,100,000.00 out of the General Fund Unreserved Fund Balance for the purchase of the above-mentioned equipment and vehicles in preparation for the Raymondville Drain Project Phase 2. (Audio Reference 08m:15s)
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.6.
Vote: 5 - 0 – Unanimously
7). Approval to create Eight (8) Equipment Operator III Temporary positions (G10-S1) and two (2) Equipment Operator IV Temporary positions (G12-S1) in preparation for the Raymondville Drain Project Phase 2. (Audio Reference 08m:43s)
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 8.A.7.
Vote: 5 - 0 – Unanimously
8). Approval of Budget Amendment to fund newly created temporary positions for Raymondville Drain Project Phase 2 in the amount of $83,000. (Audio Reference 09m:03s)
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 8.A.8.
Vote: 5 - 0 – Unanimously
9). Approval of Updated Salary Schedule. (Audio Reference 09m:19s)
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.A.9.
Vote: 5 - 0 - Unanimously
Attachments:
9.
Right of Way Acquisitions:
A.
AI -77748
Requesting approval of closing documents for Parcel 12-1 as it relates to Project 12 of the 2018 Drainage Bond Program -FM 493 & Country Rd project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 09m:31s)
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 9.A.
Vote: 5 - 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 9.A.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -77749
Requesting approval of closing documents for Parcel 24-2 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, subject to final legal review. (Audio Reference 09m:52s)
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 9.B.
Vote: 5 - 0 – Unanimously
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 9.B.
Vote: 5 - 0 – Unanimously
Attachments:
10.
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:
The board did not proceed into 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:
The board did not proceed into Closed Session.
A.
Real Property (Tex. Gov't Code 551.072)
Reference item 11.A.
Reference item 11.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference item 11.B.
Reference item 11.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 10.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 10.C.
11.
Open Session:
The court did not proceed into item 11 - Open Session.
The court did not proceed into item 11 - Open Session.
A.
Possible Action of Real Estate Acquisition
No action was taken on item 11.A.
No action was taken on item 11.A.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on item 11.B.
No action was taken on item 11.B.
12.
Adjourn (Audio Reference 10m:18s)
Judge Cortez adjourned the meeting at 9:56 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 9:56 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 13th day of October, 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 October 13, 2020.
Signed this 13th day of October 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 13th day of October, 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 October 13, 2020.
Signed this 13th day of October 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy