SPECIAL MEETING - December 15, 2020
BE IT REMEMBERED, that on this 15th 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 DAVID FUENTES HONORABLE EDUARDO "EDDIE" CANTU HONORABLE ELLIE TORRES |
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 15, 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 01m:31s)
Commissioner Cantu called the meeting to order at 9:48 A.M.
All members of the board were present, with the exception of Commissioner Flores and Judge Cortez.
Commissioner Cantu called the meeting to order at 9:48 A.M.
All members of the board were present, with the exception of Commissioner Flores and Judge Cortez.
2.
Prayer (Audio Reference 01m:55s)
Raul Sesin offered the prayer.
Raul Sesin offered the prayer.
3.
Open Forum (Audio Reference 03m:35s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 03m:42s)
The board moved to approve the Consent Agenda. No Consent Agenda items were pulled for further discussion.
The board moved to approve the Consent Agenda. No Consent Agenda items were pulled for further discussion.
5.
General Operations:
A.
AI -78742
Requesting approval of Inter Local Agreement by and between Hidalgo County Drainage District No.1 and Hidalgo County to make materials available to the other on an as needed basis. (Audio Reference 04m:03s)
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 5.A.
Vote: 3 - 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 5.A.
Vote: 3 - 0 – Unanimously
Attachments:
B.
AI -78355
1. Requesting approval to submit a rental agreement as required by vendor, Holt Texas, LTD for a 326FL LRF Hydraulic Excavator, ''Loaner'' at no cost to the Hidalgo County Drainage District No. 1., with authority for General Manager or his designee to sign the rental agreement. (Subject to HB-1295 compliance) (Audio Reference 04m:27s)
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 5.B.1.
Vote: 3 - 0 – Unanimously
2. Requesting approval to submit a rental agreement as required by vendor, Doggett Heavy Machinery Services for a John Deere 300G Excavator SLF, ''Loaner'' at no cost to the Hidalgo County Drainage District No. 1., with authority for General Manager or his designee to sign the rental agreement. (Subject to HB-1295 compliance) (Audio Reference 05m:10s)
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 5.B.2
Vote: 3 - 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 5.B.1.
Vote: 3 - 0 – Unanimously
2. Requesting approval to submit a rental agreement as required by vendor, Doggett Heavy Machinery Services for a John Deere 300G Excavator SLF, ''Loaner'' at no cost to the Hidalgo County Drainage District No. 1., with authority for General Manager or his designee to sign the rental agreement. (Subject to HB-1295 compliance) (Audio Reference 05m:10s)
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 5.B.2
Vote: 3 - 0 – Unanimously
C.
AI -78535
Requesting approval to enter into a 60 month software services agreement with Kronos SaaShr, Inc., to include the Workforce Ready SaaShr Applications described in the Order Form, the Professional Services Engagement Overview (Agreement), and rental of time clocks, through the HCDD1 membership/participation with OMNIA Cooperative Contract No. 18221. Reference Procurement No. HCDD1-20-071.(Audio Reference 05m:37s)
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 5.C.
Vote: 3 - 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 5.C.
Vote: 3 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -78698
1. Requesting approval of Supplemental Agreement No. 1 to the Professional Engineering Services Contract (C-HCDD1-19-020-04-23), with Cruz-Hogan Consultants, Inc., for the project: "Highway 281 & FM 88 -2018 Bond Referendum Project #14", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of November 30, 2022 (subject to Legal review and compliance with HB1295). (Audio Reference 06m:54s)
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 6.A.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-HCDD1-19-020-04-23), with Cruz-Hogan Consultants, Inc., for the project: "Highway 281 & FM 88 -2018 Bond Referendum Project #14", to reflect a revised period of service to end on November 30, 2022 (subject Legal review and compliance with HB1295). (Audio Reference 07m:24s)
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 6.A.2.
Vote: 3 - 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 6.A.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-HCDD1-19-020-04-23), with Cruz-Hogan Consultants, Inc., for the project: "Highway 281 & FM 88 -2018 Bond Referendum Project #14", to reflect a revised period of service to end on November 30, 2022 (subject Legal review and compliance with HB1295). (Audio Reference 07m:24s)
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 6.A.2.
Vote: 3 - 0 – Unanimously
Attachments:
B.
AI -78656
Budget 502- 3 3/4 Mile & Schuerbach Rd
1. Payment Application No. 1 in the amount of $48,530.03 from Gonzalez Engineering & Management, LLC pertaining to Construction Contract No. HCDD1-20-040-09-08 3 3/4 Mile Rd & Shuerbach Rd Project#2. P.E.: Javier Hinojosa Engineering PO#640791 (Audio Reference 07m:52s)
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 6.B.
Vote: 3 - 0 – Unanimously
1. Payment Application No. 1 in the amount of $48,530.03 from Gonzalez Engineering & Management, LLC pertaining to Construction Contract No. HCDD1-20-040-09-08 3 3/4 Mile Rd & Shuerbach Rd Project#2. P.E.: Javier Hinojosa Engineering PO#640791 (Audio Reference 07m:52s)
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 6.B.
Vote: 3 - 0 – Unanimously
Attachments:
C.
AI -78694
Budget 534 South Lateral Drain Improvements
Request approval of Payment Application No. 1 in the amount of $151,473.55 from Castle Enterprise, LLC pertaining to Construction Contract No. HCDD1 - 009-07-07 -- South Lateral Drain. P.E. David A Saenz, from L&G Engineering. (Audio Reference 08m:23s)
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 6.C.
Vote: 3 - 0 – Unanimously
Request approval of Payment Application No. 1 in the amount of $151,473.55 from Castle Enterprise, LLC pertaining to Construction Contract No. HCDD1 - 009-07-07 -- South Lateral Drain. P.E. David A Saenz, from L&G Engineering. (Audio Reference 08m:23s)
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 6.C.
Vote: 3 - 0 – Unanimously
Attachments:
D.
AI -78732
Approval to issue payment on the following item proceeding review & compliance of contract terms & conditions: Mission Lateral Phase I Budget: 526 1. Application for payment no. 4 in the amount of $345,282.75 from Saenz Brothers Construction, LLC. Pertaining to Construction Contract No. HCDD1-19-074-11-26 Mission Lateral Section I. Project Engineer: L&G Engineering PO#639234-R (Audio Reference 08m:47s)
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.D.
Vote: 3 - 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 6.D.
Vote: 3 - 0 - Unanimously
Attachments:
7.
Budget Amendments:
A.
AI -78706
2018 Bond Referendum Projects:
Requesting approval of Budget Amendment to fund board approved contracts in Fund 134, 2019 Bond Series, in the amount of $5,460,457.85 from the undistributed accounts. (Audio Reference 09m:16s)
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.
Vote: 3 - 0 – Unanimously
Requesting approval of Budget Amendment to fund board approved contracts in Fund 134, 2019 Bond Series, in the amount of $5,460,457.85 from the undistributed accounts. (Audio Reference 09m:16s)
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.
Vote: 3 - 0 – Unanimously
Attachments:
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:41s)
The board proceeded into Closed Session 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 proceed into Closed Session.
Vote: 3 - 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:41s)
The board proceeded into Closed Session 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 proceed into Closed Session.
Vote: 3 - 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.
1.
AI -78730
Consultation with Legal counsel regarding Raquel De Alba et al vs. Hidalgo County, Hidalgo County Drainage District No.1 et al, Cause No. C-2480-18-I, pending in the 398th District Court of Hidalgo County, Texas.
Reference item 9.B.1.
Reference item 9.B.1.
9.
Open Session: (Audio Reference 10m:22s)
The board returned from Closed Session at 10:08 A.M.
The board returned from Closed Session at 10:08 A.M.
A.
Possible Action of Real Estate Acquisition (Audio Reference 10m:26s)
No action was taken on item 9.A.
No action was taken on item 9.A.
B.
Possible Action on Pending and/or Potential Litigation (Audio Reference 10m:26s)
No action was taken on item 9.B.
No action was taken on item 9.B.
1.
AI -78741
Consultation with Legal counsel regarding Raquel De Alba et al vs. Hidalgo County, Hidalgo County Drainage District No.1 et al, Cause No. C-2480-18-I, pending in the 398th District Court of Hidalgo County, Texas. (Audio Reference 10m:26s)
No action was taken on item 9.B.1.
No action was taken on item 9.B.1.
10.
Adjourn (Audio Reference 10m:42s)
Commissioner Cantu adjourned the meeting at 10:09 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 3 - 0 – Unanimously
Commissioner Cantu adjourned the meeting at 10:09 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 3 - 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 15th day of December, 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 December 15, 2020.
Signed this 15th day of December 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 15th day of December, 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 December 15, 2020.
Signed this 15th day of December 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy