SPECIAL MEETING - December 8, 2020
BE IT REMEMBERED, that on this 8th day of December 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 December 8, 2020 9:45A.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 9:48 A.M.
All members of the board were present during Roll Call, with the exception of Commissioner Flores and Commissioner Cantu. Commissioner Cantu joined the meeting at a later time.
Judge Cortez called the meeting to order at 9:48 A.M.
All members of the board were present during Roll Call, with the exception of Commissioner Flores and Commissioner Cantu. Commissioner Cantu joined the meeting at a later time.
2.
Prayer (Audio Reference 01m:23s)
Raul Sesin offered the prayer.
Raul Sesin offered the prayer.
3.
Open Forum (Audio Reference 02m:15s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 02m:22s)
The Board proceeded to approve the Consent Agenda.
The Board proceeded to approve the Consent Agenda.
5.
2018 Bond Referendum Projects:
A.
AI -78571
1. Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-040-05-21), with TEDSI Infrastructure Group, Inc., for the: "J-08 Drain -2018 Bond Referendum Project #15-A", to reflect a revised Exhibit "C-1"-Project Team, adding Brighton Group, LLC., as a new sub-consultant, as per Article 8 of the contract (subject to Legal review). (Audio Reference 03m:00s)
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 5.A.
Vote: 3 - 0 - Unanimously
2. Pursuant to the Board's Approval of Supplemental Agreement No. 2 with TEDSI Infrastructure Group, Inc., requesting approval of Work Authorization No. 2 in the amount of $49,500.00, for the provision of Right Of Way acquisition negotiation services, for the "J-08 Drain -2018 Bond Referendum Project #15-A", Contract # C-HCDD1-19-040-05-21-WA-2 (subject to legal review). (Audio Reference 03m:32s)
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 5.A.2.
Vote: 3 - 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 5.A.
Vote: 3 - 0 - Unanimously
2. Pursuant to the Board's Approval of Supplemental Agreement No. 2 with TEDSI Infrastructure Group, Inc., requesting approval of Work Authorization No. 2 in the amount of $49,500.00, for the provision of Right Of Way acquisition negotiation services, for the "J-08 Drain -2018 Bond Referendum Project #15-A", Contract # C-HCDD1-19-040-05-21-WA-2 (subject to legal review). (Audio Reference 03m:32s)
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 5.A.2.
Vote: 3 - 0 - Unanimously
Attachments:
B.
AI -78580
1. Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-041-05-21), with Quintanilla, Headley and Associates, Inc., for the: "J-08 Drain -2018 Bond Referendum Project #15-B", to reflect a revised Exhibit "C-1"-Project Team, adding Brighton Group, LLC., as a new sub-consultant, as per Article 8 of the contract (subject to Legal review). (Audio Reference 04m:06s)
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 5.B.1.
Vote: 3 - 0 - Unanimously
2. Pursuant to the Board's Approval of Supplemental Agreement No. 2 with Quintanilla, Headley and Associates, Inc., requesting approval of Work Authorization No. 2 in the amount of $44,100.00, for the provision of Right Of Way acquisition negotiation services, for the "J-08 Drain -2018 Bond Referendum Project #15-B", Contract # C-HCDD1-19-041-05-21-WA-2 (subject to legal review). (Audio Reference 04m:36s)
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 5.B.2.
Vote: 3 - 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 5.B.1.
Vote: 3 - 0 - Unanimously
2. Pursuant to the Board's Approval of Supplemental Agreement No. 2 with Quintanilla, Headley and Associates, Inc., requesting approval of Work Authorization No. 2 in the amount of $44,100.00, for the provision of Right Of Way acquisition negotiation services, for the "J-08 Drain -2018 Bond Referendum Project #15-B", Contract # C-HCDD1-19-041-05-21-WA-2 (subject to legal review). (Audio Reference 04m:36s)
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 5.B.2.
Vote: 3 - 0 - Unanimously
Attachments:
C.
AI -78589
1. Requesting approval of Supplemental Agreement No. 1 to the Professional Engineering Services Contract (C-HCDD1-19-022-04-09), with Alpha Infrastructure Engineering, PLLC, for the project: "Southwest Weslaco -2018 Bond Referendum Project #35", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of July 31, 2022 (subject to Legal review and compliance with HB1295). (Audio Reference 05m:08s)
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 5.C.1.
Vote: 3 - 0 - Unanimously
2. Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-022-04-09), with Alpha Infrastructure Engineering, PLLC, for the project: "Southwest Weslaco -2018 Bond Referendum Project #35", to reflect a revised period of service to end on July 31, 2022 (subject Legal review and compliance with HB1295). (Audio Reference 05m:37s)
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 5.C.2.
Vote: 3 - 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 5.C.1.
Vote: 3 - 0 - Unanimously
2. Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-022-04-09), with Alpha Infrastructure Engineering, PLLC, for the project: "Southwest Weslaco -2018 Bond Referendum Project #35", to reflect a revised period of service to end on July 31, 2022 (subject Legal review and compliance with HB1295). (Audio Reference 05m:37s)
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 5.C.2.
Vote: 3 - 0 - Unanimously
Attachments:
D.
AI -78609
1. Request approval of S&B Infrastructure, Ltd.’s Work Authorization No. 23 in the amount of $1,172,500.00 for work associated with the continuance of General Contract Management (GCM) on the Willacy Section, and related services for the development of the Master Drainage System Phase II involving the design and expansion of the Raymondville Drain Outfall System. Said Work Authorization will be issued out of Fund 134 -2019 Bond Series, Capital Projects Fund Budget 010 for Raymondville Drain. (Subject to Legal Review and compliance to HB1295). (Audio Reference 06m:10s)
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 5.D.1.
Vote: 3- 0 - Unanimously
Commissioner Cantu joined the meeting.
2. Requesting approval of manual check in the amount of $223,334.00 to S&B upon execution of Work Authorization #23. (Audio Reference 06m:50s)
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 5.D.2.
Vote: 4- 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 5.D.1.
Vote: 3- 0 - Unanimously
Commissioner Cantu joined the meeting.
2. Requesting approval of manual check in the amount of $223,334.00 to S&B upon execution of Work Authorization #23. (Audio Reference 06m:50s)
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 5.D.2.
Vote: 4- 0 - Unanimously
6.
General Fund:
A.
AI -78569
Requesting approval to declare surplus for approximately 39,320 Cubic Yards of Fill Dirt located at Peñitas Drain Detention Pond (Location: North of Quelite Road between Circle 6th and Rancho Brazil Rd) in Peñitas, Texas in as much as an attempt was made for the sale and removal through RFB No.: HCDD1-20-070-12-02 and as advertised for (2) two consecutive weeks, and No Bids were received. (Audio Reference 07m:10s)
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.
Vote: 4- 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.
Vote: 4- 0 - Unanimously
Attachments:
7.
Right of Way Acquisitions:
A.
AI -78596
Possible action to authorize HCDD1 to submit a petition for annexation of a 5.68 acre tract (consisting of a drainage ditch) to the City of San Juan, Texas. (Audio Reference 07m:42s)
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 7.A.
Vote: 4- 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 7.A.
Vote: 4- 0 - Unanimously
8.
Closed Session: (Audio Reference 08m:04s)
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 9:56 A.M.
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 9:56 A.M.
A.
Real Property (Tex. Gov't Code 551.072)
B.
Personnel Matters (Tex. Gov't. Code 551.074)
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)
The Board took no action on items 8.A., B, & 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)
The Board took no action on items 8.A., B, & C.
9.
Open Session: (Audio Reference 08m:38s)
The board returned from Closed Session at 10:07 A.M.
The board returned from Closed Session at 10:07 A.M.
A.
Possible Action of Real Estate Acquisition (Audio Reference 08m:45s)
The board moved to authorize the general manager to proceed as discussed in Executive Session.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on item 9.A.
Vote: 4 - 0 - Unanimously
The board moved to authorize the general manager to proceed as discussed in Executive Session.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by JUDGE, RICHARD F. CORTEZ, the Board made a UNANIMOUS vote of approval on item 9.A.
Vote: 4 - 0 - Unanimously
B.
Possible Action on Pending and/or Potential Litigation (Audio Reference 09m:07s)
The Board moved to authorize the general manager to send out a final offer and if necessary, proceed with condemnation, as discussed.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on item 9.B.
Vote: 4 - 0 – Unanimously
The Board moved to authorize the general manager to send out a final offer and if necessary, proceed with condemnation, as discussed.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on item 9.B.
Vote: 4 - 0 – Unanimously
10.
Adjourn (Audio Reference 09m:30s)
Judge Cortez adjourned the meeting at 10:07 A.M.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 4 - 0 -Unanimously
Judge Cortez adjourned the meeting at 10:07 A.M.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board 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 8th day of December, 2020
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 December 8, 2020.
Signed this 8th day of December 2020
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 8th day of December, 2020
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 December 8, 2020.
Signed this 8th day of December 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Victoria Brewster, Deputy