SPECIAL MEETING - January 5, 2021
BE IT REMEMBERED, that on this 5th day of January A.D., 2021, 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 EVERARDO “EVER” VILLARREAL 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 January 5, 2021 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:50s)
Judge Cortez called the meeting to order at 9:45 A.M.
All members of the Board were present during Roll Call, with the exception of Commissioner Cantu who joined the meeting at a later time.
Judge Cortez called the meeting to order at 9:45 A.M.
All members of the Board were present during Roll Call, with the exception of Commissioner Cantu who joined the meeting at a later time.
2.
Prayer (Audio Reference 01m:25s)
Raul Sesin offered the prayer.
Commissioner Cantu joined the meeting.
Raul Sesin offered the prayer.
Commissioner Cantu joined the meeting.
3.
Open Forum (Audio Reference 03m:08s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 03m:15s)
The Board proceeded to approve the Consent Agenda.
The Board proceeded to approve the Consent Agenda.
5.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -78932
Alamo Expressway Drain-Budget 320:
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
1. Acceptance of Certificate of Substantial Completion from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-18-047-09-25 Alamo Expressway Drain Improvements. (Audio Reference 03m:40s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on item 5.A.1.
Vote: 5 - 0 -Unanimously
2. Acceptance of Certificate of Construction Completion from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-18-047-09-25 Alamo Expressway Drain Improvements. (Audio Reference 04m:05s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on item 5.A.2.
Vote: 5 - 0 – Unanimously
3. Application for Payment No. 5-Retainage in the amount of $49,778.20 from Castle Enterprises, LLC pertaining Construction Contract No. 18-047-09-25-Alamo Expressway Drain Improvements. Project Engineer: Jose N. Saldivar, P.E. PO#636128. (Audio Reference 04m:23s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on item 5.A.3.
Vote: 5 - 0 – Unanimously
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
1. Acceptance of Certificate of Substantial Completion from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-18-047-09-25 Alamo Expressway Drain Improvements. (Audio Reference 03m:40s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on item 5.A.1.
Vote: 5 - 0 -Unanimously
2. Acceptance of Certificate of Construction Completion from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-18-047-09-25 Alamo Expressway Drain Improvements. (Audio Reference 04m:05s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on item 5.A.2.
Vote: 5 - 0 – Unanimously
3. Application for Payment No. 5-Retainage in the amount of $49,778.20 from Castle Enterprises, LLC pertaining Construction Contract No. 18-047-09-25-Alamo Expressway Drain Improvements. Project Engineer: Jose N. Saldivar, P.E. PO#636128. (Audio Reference 04m:23s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on item 5.A.3.
Vote: 5 - 0 – Unanimously
Attachments:
6.
Budget Amendments:
A.
AI -78923
1. Discussion and approval of all personnel actions approved after September 29, 2020 (2021 Budget Adoption Date) for the District's Maintenance and Operation's Budget 006. (Audio Reference 04m:51s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 6.A.1.
Vote: 5 - 0 - Unanimously
2. Approval of budget amendment from the District's General Fund in the amount of $940,992.00 to fund item A for the seventeen (17) full time positions with Fringe Benefits. (Audio Reference 05m:12s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 6.A.2.
Vote: 5 - 0 - Unanimously
3. Properly reclassify Truck Drivers into the right Job Descriptions (no budget impact title change only) Slots 109-120 should be Truck Driver III, Slot 107 should be Truck Driver V, and Slot 108 should be Truck Driver IV.
4. Approval of revised salary schedule (Audio Reference 05m:31s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on items 6.A.3. & 4.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 6.A.1.
Vote: 5 - 0 - Unanimously
2. Approval of budget amendment from the District's General Fund in the amount of $940,992.00 to fund item A for the seventeen (17) full time positions with Fringe Benefits. (Audio Reference 05m:12s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on item 6.A.2.
Vote: 5 - 0 - Unanimously
3. Properly reclassify Truck Drivers into the right Job Descriptions (no budget impact title change only) Slots 109-120 should be Truck Driver III, Slot 107 should be Truck Driver V, and Slot 108 should be Truck Driver IV.
4. Approval of revised salary schedule (Audio Reference 05m:31s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on items 6.A.3. & 4.
Vote: 5 - 0 - Unanimously
Attachments:
7.
Closed Session: (Audio Reference 06m:02s)
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 proceeded into Closed Session at 9:51 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board 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:
The Board proceeded into Closed Session at 9:51 A.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board 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 8.A.
Reference item 8.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference item 8.B.
Reference item 8.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 7.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 7.C.
8.
Open Session: (Audio Reference 06m:48s)
The Board returned from Closed Session at 10:04 A.M.
The Board returned from Closed Session at 10:04 A.M.
A.
Possible Action of Real Estate Acquisition (Audio Reference 06m:51s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval to authorize Raul Sesin to proceed as discussed in Closed Session, with regard to the Real Property Matters.
Vote: 5 - 0 – Unanimously
The Board proceeded to Adjournment. (Audio Reference 07m:18s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval to authorize Raul Sesin to proceed as discussed in Closed Session, with regard to the Real Property Matters.
Vote: 5 - 0 – Unanimously
The Board proceeded to Adjournment. (Audio Reference 07m:18s)
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on item 8.B.
No action was taken on item 8.B.
9.
Adjourn (Audio Reference 07m:18s)
Judge Cortez adjourned the meeting at 10:05 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 – Unanimously
Judge Cortez adjourned the meeting at 10:05 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board 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 5th day of January, 2021
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Victoria Brewster, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on January 5, 2021.
Signed this 5th day of January 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Victoria Brewster, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 5th day of January, 2021
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Victoria Brewster, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on January 5, 2021.
Signed this 5th day of January 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Victoria Brewster, Deputy