REGULAR MEETING - April 27, 2021
BE IT REMEMBERED, that on this 27th day of April A.D., 2021, 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 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 April 27, 2021 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 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 :54s)
Judge Cortez called the meeting to order at 1:47 P.M.
All members of the board were present during the roll, with the exception of Commissioner Cantu and Commissioner Villarreal. Commissioner Cantu and Commissioner Villarreal joined the meeting at a later time.
Judge Cortez called the meeting to order at 1:47 P.M.
All members of the board were present during the roll, with the exception of Commissioner Cantu and Commissioner Villarreal. Commissioner Cantu and Commissioner Villarreal joined the meeting at a later time.
2.
Prayer (Audio Reference 01m:07s)
Hidalgo County Drainage District No.1's General Manager, Raul Sesin, offered the prayer.
Hidalgo County Drainage District No.1's General Manager, Raul Sesin, offered the prayer.
3.
Open Forum (Audio Reference 02m:57s)
There were no Open Forum participants.
Commissioners Cantu and Villarreal joined the meeting.
There were no Open Forum participants.
Commissioners Cantu and Villarreal joined the meeting.
4.
Approval of Consent Agenda (Audio Reference 03m:10s)
The board proceeded to the approval of the Consent Agenda.
The board proceeded to the approval of the Consent Agenda.
5.
General Operations:
A.
AI -80525
Requesting authority to advertise and approval of Competitive Sealed Proposals packet (requirements, specifications and plans) developed by Project Engineer, Jose Noe Saldivar, PE,CFM, HCDD1 Engineer IV for: Hidalgo County Drainage District No. 1 -Weslaco Drain Improvement (Proposed Additional 10'X10' box with Gate Structure) -CSP No. HCDD1-21-017-05-19, including the re-advertising of the project in the event no responses are received and/or are rejected and project is still required. (Audio Reference 04m:00s)
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 agenda item 5.A.
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 agenda item 5.A.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -80555
Raymondville Drain - Budget 010
Requesting approval to pay out of TWDB Reimbursement funds $35,437.16 to Hidalgo County Precinct 4 for construction of Segment 1 of the Raymondville Drain for Pay Period 6 2021. (Audio Reference 04m:39s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 5.B.
Vote: 5 - 0 - Unanimously
Requesting approval to pay out of TWDB Reimbursement funds $35,437.16 to Hidalgo County Precinct 4 for construction of Segment 1 of the Raymondville Drain for Pay Period 6 2021. (Audio Reference 04m:39s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 5.B.
Vote: 5 - 0 - Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -80541
1. Requesting approval of Supplemental Agreement No. 1 to the Professional Engineering Services Contract (C-HCDD1-19-053-11-05), with CSJ Group, for the: “2018 Bond Referendum Projects: 3, 5 & 6 (4 ½ Mile Rd. & N. Doffing Rd.-Project #3, 5 ½ Mile Rd. & N. Bentsen Palm Dr.-Project #5, and 7 ½ Mile Rd. & Glasscock Rd.-Project #6)” , to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of September 30, 2022 (subject to Legal review and compliance with HB1295). (Audio Reference 05m:01s)
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 agenda 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-HCDD1-19-053-11-05), with CSJ Group, for the: “2018 Bond Referendum Projects: 3, 5 & 6 (4 ½ Mile Rd. & N. Doffing Rd.-Project #3, 5 ½ Mile Rd. & N. Bentsen Palm Dr.-Project #5, and 7 ½ Mile Rd. & Glasscock Rd.-Project #6)” , to reflect a revised period of service to end on September 30, 2022 (subject Legal review and compliance with HB1295). (Audio Reference 05m:31s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 6.A.2.
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 agenda 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-HCDD1-19-053-11-05), with CSJ Group, for the: “2018 Bond Referendum Projects: 3, 5 & 6 (4 ½ Mile Rd. & N. Doffing Rd.-Project #3, 5 ½ Mile Rd. & N. Bentsen Palm Dr.-Project #5, and 7 ½ Mile Rd. & Glasscock Rd.-Project #6)” , to reflect a revised period of service to end on September 30, 2022 (subject Legal review and compliance with HB1295). (Audio Reference 05m:31s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 6.A.2.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -80563
Malone Drive & Pomelo Rd - Budget 518
1. Requesting approval to pay Invoice No. R030318 in the amount of $668.25 from Raba Kistner, Inc. for March 24th and April 3rd, 2021 CMT. Project Engineer Guzman & Munoz Engineering PO# 640594-21 (Audio Reference 05m:58s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 6.B.1
Vote: 5 - 0 – Unanimously
PD Lateral Phase I - Budget 529
2. Requesting approval of Pay Application No. 4 from Mor-Wil, LLC in the amount of $100,691.18 pertaining to construction contract No. HCDD1-20-026-06-23 PD Lateral. Project Engineer Izaguire Engineering. PO#640211-21 (Audio Reference 06m:33s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 6.B.2.
Vote: 5 - 0 - Unanimously
1. Requesting approval to pay Invoice No. R030318 in the amount of $668.25 from Raba Kistner, Inc. for March 24th and April 3rd, 2021 CMT. Project Engineer Guzman & Munoz Engineering PO# 640594-21 (Audio Reference 05m:58s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 6.B.1
Vote: 5 - 0 – Unanimously
PD Lateral Phase I - Budget 529
2. Requesting approval of Pay Application No. 4 from Mor-Wil, LLC in the amount of $100,691.18 pertaining to construction contract No. HCDD1-20-026-06-23 PD Lateral. Project Engineer Izaguire Engineering. PO#640211-21 (Audio Reference 06m:33s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 6.B.2.
Vote: 5 - 0 - Unanimously
7.
Right of Way Acquisitions:
A.
AI -80569
Discussion and possible action to approve a resolution regarding the purchase of real property to serve a public purpose. (Audio Reference 06m:55s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 7.A.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 7.A.
Vote: 5 - 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 07m:16s)
The board proceeded into Closed Session at 1:54 P.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, 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 07m:16s)
The board proceeded into Closed Session at 1:54 P.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, 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 agenda item 9.A.
Reference agenda item 9.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference agenda item 9.B.
Reference agenda 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 agenda 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 agenda item 8.C.
9.
Open Session: (Audio Reference 07m:57s)
The board returned from Closed Session at 1:59 P.M.
The board returned from Closed Session at 1:59 P.M.
A.
Possible Action of Real Estate Acquisition (Audio Reference 08m:00s)
Legal Counselor, Ivan Perez, stated that a motion was required to authorize, Raul Sesin, to proceed as discussed in Closed Session, with regard to the Real Estate Acquisition matters.
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 agenda item 9.A, subject to the comment stated above.
Vote: 5 - 0 – Unanimously
The board proceeded to agenda item 10 - Adjournment. (Audio Reference 08m:20s)
Legal Counselor, Ivan Perez, stated that a motion was required to authorize, Raul Sesin, to proceed as discussed in Closed Session, with regard to the Real Estate Acquisition matters.
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 agenda item 9.A, subject to the comment stated above.
Vote: 5 - 0 – Unanimously
The board proceeded to agenda item 10 - Adjournment. (Audio Reference 08m:20s)
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 9.B.
No action was taken on agenda item 9.B.
10.
Adjourn (Audio Reference 08m:20s)
Judge Cortez adjourned the meeting at 1:59 P.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: 5 - 0 – Unanimously
Judge Cortez adjourned the meeting at 1:59 P.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: 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 27th day of April, 2021
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 April 27, 2021.
Signed this 28th day of April 2021
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 27th day of April, 2021
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 April 27, 2021.
Signed this 28th day of April 2021
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy