SPECIAL MEETING - November 17, 2020
BE IT REMEMBERED, that on this 17th day of November 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 November 17, 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 video conference. 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 00m:47s)
Judge Cortez called the meeting to order at 9:46 A.M.
All members of the board were present during the roll call, with the exception of Commissioner Flores.
Judge Cortez called the meeting to order at 9:46 A.M.
All members of the board were present during the roll call, with the exception of Commissioner Flores.
2.
Prayer (Audio Reference 01m:08s)
Jaime Salazar offered the prayer.
Jaime Salazar offered the prayer.
3.
Open Forum (Audio Reference 02m:08s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 02m:16s)
The board moved to approve the Consent Agenda. No Consent Agenda 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 board moved to approve the Consent Agenda. No Consent Agenda 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 -78289
Requesting Approval of 2021 Holiday Calendar (Audio Reference 02m: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 5.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 5.A.
Vote: 4 - 0 - Unanimously
Attachments:
B.
AI -78308
B. Request approval of payment out of the TWDB reimbursement funds in the amount of $129,550.18 to Hidalgo County Precinct #4 for Construction of Segment 1 of the Hidalgo County Raymondville Drain for the periods as follows:
Pay Period 13 from 05-25-2020 thru 06-07-2020 $ 5,849.83
Pay Period 14-from 06-08-2020 thru 06-21-2020 $ 42,155.64
Pay Period 16 from 07-06-2020 thru 07-19-2020 $ 28,726.96
Pay Period 20 from 08-31-2020 thru 09-13-2020 $ 52,817.75 (Audio Reference 03m:13s)
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 5.B.
Vote: 4 - 0 – Unanimously
Pay Period 13 from 05-25-2020 thru 06-07-2020 $ 5,849.83
Pay Period 14-from 06-08-2020 thru 06-21-2020 $ 42,155.64
Pay Period 16 from 07-06-2020 thru 07-19-2020 $ 28,726.96
Pay Period 20 from 08-31-2020 thru 09-13-2020 $ 52,817.75 (Audio Reference 03m:13s)
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 5.B.
Vote: 4 - 0 – Unanimously
Attachments:
C.
AI -78316
Requesting approval of Memorandum of Understanding by and between the Hidalgo County Drainage District No.1 and the City of Alton as it relates to the Texas Water Development Board Flood Infrastructure Fund North Stewart Blvd. Drainage Improvement Project. (Pending Final Legal Review) (Audio Reference 03m:44s)
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: 4 - 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: 4 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -78302
Requesting acceptance and approval of Work Authorization No. 5 for the provision of Construction Phase Services for the "Texas Water Development (TWDB) Phase I Flood Control Project" in the amount of $998,255.81, through awarded On-Call Professional Engineering Agreement No. C-HCDD1-17-051-09-19, with B2Z Engineering, LLC. (Subject to Legal Review) (Audio Reference 04m:09s)
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 6.A.
Vote: 4 - 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 6.A.
Vote: 4 - 0 – Unanimously
B.
AI -78301
Phase II of the Hidalgo County Master Drainage System, regarding Supplemental Agreement No. 9 between Hidalgo County Drainage District No. 1 and S&B Infrastructure, Ltd., approved on October 20, 2020 Board of Directors meeting, request approval of the following items:
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.1.
Vote: 4 - 0 - Unanimously
Agenda item 6.B.2. (Audio Reference 05m:30s)
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 6.B.2.
Vote: 4 - 0 -Unanimously
- Approval of an agreed upon Final Estimated Construction Cost of $138,940,974.38 for Hidalgo County Section.
- Approval of payment and issuance of a manual check to S&B Infrastructure, Ltd. in the amount of $1,599,090.37 to bring amount paid to S&B Infrastructure, Ltd. as the Basic Services Fee to not more than 8.1% of Final Estimated Construction Cost.
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.1.
Vote: 4 - 0 - Unanimously
Agenda item 6.B.2. (Audio Reference 05m:30s)
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 6.B.2.
Vote: 4 - 0 -Unanimously
Attachments:
7.
General Fund:
A.
AI -78285
1). Requesting approval to delete six (6) Equipment Operator III Temporary positions (G10-S1) and two (2) Equipment Operator IV Temporary positions (G12-S1) that were created on October 13, 2020 AI-77780 in preparation of the Raymondville Drain Project. (Audio Reference 05m:56s)
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.A.1.
Vote: 4 - 0 – Unanimously
2). Requesting approval to create eight (8) Equipment Operator III positions(G10-S1), five (5) Maintenance II positions (G5-S1), two (2) Equipment Operator IV Positions (G12-S1), one (1) Truck Driver III position (G8-S1) and one (1) Field Supervisor I position (G13-S1). (Audio Reference 07m:57s)
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
3). Requesting approval of updated salary schedule (Audio Reference 09m:18s)
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.A.3.
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 7.A.1.
Vote: 4 - 0 – Unanimously
2). Requesting approval to create eight (8) Equipment Operator III positions(G10-S1), five (5) Maintenance II positions (G5-S1), two (2) Equipment Operator IV Positions (G12-S1), one (1) Truck Driver III position (G8-S1) and one (1) Field Supervisor I position (G13-S1). (Audio Reference 07m:57s)
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
3). Requesting approval of updated salary schedule (Audio Reference 09m:18s)
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.A.3.
Vote: 4 - 0 – Unanimously
8.
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:31s)
The court proceeded into Closed Session at approximately 9:56 A.M.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, 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 09m:31s)
The court proceeded into Closed Session at approximately 9:56 A.M.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, 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 9.A.
Reference item 9.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference item 9.B.
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 8.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 8.C.
9.
Open Session: (Audio Reference 10m:09s)
The court returned from Closed Session at 10:10 A.M.
The court returned from Closed Session at 10:10 A.M.
A.
Possible Action of Real Estate Acquisition (Audio Reference 10m:17s)
Legal Counselor, Ivan Perez, recommended that the board approve a motion to authorize Raul Sesin to proceed as discussed on the two Real Estate issues that were discussed in Closed Session.
Judge Cortez requested that the record reflect that Commissioner Fuentes abstained from any discussion and/or action on item 9.A.
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 the recommendation suggested by Legal Counselor, Ivan Perez for item 9.A.
Vote: 3 - 0 -Unanimously
Legal Counselor, Ivan Perez, recommended that the board approve a motion to authorize Raul Sesin to proceed as discussed on the two Real Estate issues that were discussed in Closed Session.
Judge Cortez requested that the record reflect that Commissioner Fuentes abstained from any discussion and/or action on item 9.A.
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 the recommendation suggested by Legal Counselor, Ivan Perez for item 9.A.
Vote: 3 - 0 -Unanimously
Attachments:
B.
Possible Action on Pending and/or Potential Litigation (Audio Reference 11m:14s)
No action was taken on item 9.B.
No action was taken on item 9.B.
10.
Adjourn (Audio Reference 11m:16s)
Judge Cortez adjourned the meeting at approximately 10:11 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 4 - 0 – Unanimously
Judge Cortez adjourned the meeting at approximately 10:11 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, 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 17th day of November, 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 November 17, 2020.
Signed this 18th day of November 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 17th day of November, 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 November 17, 2020.
Signed this 18th day of November 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy