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Minutes for DD-REGULAR AGENDA REGULAR MTG

REGULAR MEETING - October 27, 2020

BE IT REMEMBERED, that on this 27th day of October A.D., 2020, 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 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
October 27, 2020
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 01m:55s)

Judge Cortez called the meeting to order at 1:52 P.M.

All members of the court were present, with the exception of Commissioner Flores.
 
2.
 
Prayer (Audio Reference 02m:18s)

Jaime Salazar offered the prayer.
 
3.
 
Open Forum (Audio Reference 02m:54s)

There were no Open Forum Participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 03m:04s)

The court moved to approve the Consent Agenda. No Consent Agenda items were pulled for further discussion.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval of the Consent Agenda.

Vote: 4 - 0 – Unanimously
 
5.
 
General Operations:
 
A.
AI -77992
Requesting approval for an Interlocal Agreement with the Hidalgo County Regional Mobility Authority (HCRMA) as it relates to the SH365 project, subject to legal review. (Audio Reference 03m:33s)

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 5.A.

Vote: 4 - 0 -Unanimously 
Attachments:
 
B.
AI -77937
Requesting approval to purchase the following listed trucks from Doggett Freightliner of South Texas, LLC., through the Hidalgo County Drainage District No. 1 membership/participation with TxSmartBuy and Buyboard awarded Contracts. 

1. One (1) New M2-106 Freightliner 2000 Gal. Fuel Truck in the amount of  $221,768.00, Buyboard Contract No. 601-19
(Procurement Reference No. HCDD1-20-008)

2.One (1) New M2-106 Freightliner 2000 Gal. Water Truck in the amount of $91,745.31, TxSmartBuy Contract No. 070-A1
(Procurement Reference No. HCDD1-20-056) (Audio Reference 04m:16s)

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 5.B 1 & 2.

Vote: 4 - 0 -Unanimously 

3. Request approval of a Budget Amendment in the amount of $313,513.31 out of the General Fund Unreserved Fund Balance for the purchase of the above mentioned Fuel & Water Truck in preparatation for the Raymondville Drain Project Phase 2.(Audio Reference 05m:21s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval 5.B.3.

Vote: 4 - 0 – Unanimously
 
C.
AI -77969
Recommending bid award and approval to issue a Purchase Order to the lowest and most responsible bidder meeting all requirements/specifications, Aguaworks Pipe & Supply, LLC, for the advertised RFB No. HCDD1-20-060-10-07,“PURCHASE OF ONE (1) Vertical Axial-Flow Pump for Sunflower Drain-2018 Bond Referendum Project No. 36’’ for Alternate No. 1 in the amount of $229,576.95. (Audio Reference 05m:40s)

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.C.

Vote: 4 - 0 – Unanimously
 
D.
AI -77970
Recommending bid award and approval to issue a Purchase Order to the lowest and most responsible bidder meeting all requirements/specifications, Precision Pump Systems, for the advertised RFB No. HCDD1-20-061-10-07,
“PURCHASE OF ONE (1) Vertical Axial-Flow Pump for Jackson Rd. Drain Phase I-2018 Bond Referendum Project No. 16’’ for Alternate No. 1 in the amount of $250,000.00. (Audio Reference 06m:10s)

Raul Sesin confirmed the size of the pumps to be 70CSF. 

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 5.D. 

Vote:  4- 0 -Unanimously
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -77973
Requesting authority to advertise and approval of Competitive Sealed Proposals packet (requirements, specifications and plans) developed by project engineer, Halff Associates, Inc., for: Hidalgo County Drainage District No. 1 -Mile 9 N & FM1015 -Package 2- 2018 Bond Referendum Project #24 -CSP No. HCDD1-20-065-11-18, 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 07m:53s)

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 6.A.

Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI -77983
1. Requesting approval of Supplemental Agreement No. 1 to the professional engineering services contract (C-HCDD1-19-013-05-21), with L&G Consulting Engineers, Inc. dba L&G Engineering, for the project "Mission Lateral -2018 Bond Referendum Project #26", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of  January 24, 2022 (subject to Legal review and compliance with HB1295).  (Audio Reference 08m:40s)

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.1.

Vote:  4- 0 -Unanimously

2.  Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-013-05-21), with L&G Consulting Engineers, Inc. dba L&G Engineering, for the project: "Mission Lateral -2018 Bond Referendum Project #26" to reflect a revised period of service to end on  January 24, 2022 (subject Legal review and compliance with HB1295). (Audio Reference 09m:11s)

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
 
C.
AI -77984
1.  Requesting approval of Supplemental Agreement No. 1 to the Professional Engineering Services Contract (C-HCDD1-19-045-07-01), with South Texas Infrastructure Group, LLC, for the project: "Mile 11 N & FM 1015 -2018 Bond Referendum Project #22", 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 09m:45s)

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.C.1.

Vote: 4 - 0 -Unanimously

2.  Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-045-07-01), with South Texas Infrastructure Group, LLC, for the project: "Mile 11 N & FM 1015 -2018 Bond Referendum Project #22", to reflect a revised period of service to end on June 31, 2022 (subject Legal review and compliance with HB1295). (Audio Reference 10m:20s)

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 6.C.2.

Vote: 4 - 0 – Unanimously
 
D.
AI -77919
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Pharr Mcallen Drain-Budget 531
1. Application for Payment No. 4 in the amount of $89,214.70 from Mor-Wil, LLC pertaining Construction Contract No. HCDD1-19-002-01-09 Pharr-McAllen Drain Improvements.  Engineer: L&G Consulting Engineers PO#637637. (Audio Reference 10m:50s)

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 6.D.

Vote: 4 - 0 – Unanimously
 
7.
 
General Fund:
 
A.
AI -78002
Requesting authority to advertise and approval of procurement packet (i.e., legal notice,specifications, draft contract etc.,) as attached hereto for: Hidalgo County Drainage District No. 1 "Sale and Removal of Fill Dirt -South Main Drain II (Between Veterans Rd. & Raul Longoria Rd.), RFB No. HCDD1-20-067-11-18, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required. (Audio Reference 11m:20s)

Judge Cortez stepped away from the meeting.

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.

Vote: 3 - 0 - Unanimously 
Attachments:
 
B.
AI -78000
Requesting authority to advertise and approval of procurement packet (i.e., legal notice,specifications, etc.,) as attached hereto for: Hidalgo County Drainage District No. 1“Purchase of Precast Culvert Boxes Size 10 ft x 5 ft, for Alamo Expressway Drain -Crockett Road Crossing”RFB No. HCDD1-20-068-11-18, including the re-advertisement of project in the event bids are rejected or no bids are received & items are still required. (Audio Reference 12m:06s)

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.B.

Vote: 3 - 0 - Unanimously
Attachments:
 
8.
 
Right of Way Acquisitions:
 
A.
AI -77953
Requesting approval of closing documents for Parcel 24-3 as it relates to Project 24 of the 2018 Drainage Bond Program - Mile 9 N & FM 1015 project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 12m:38s)

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 8.A.

Vote: 3 - 0 - Unanimously
Attachments:
 
B.
AI -77997
Requesting approval of closing documents for Parcel 4 as it relates to the Alamo Expressway Drain project and authority for the Chairman of the Board to execute documents, subject to final legal review (Audio Reference 12m:59s)

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 8.B.

Vote: 3 - 0 - Unanimously
Attachments:
 
9.
 
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 13m:15s)

Judge Cortez rejoined the meeting.

The court proceeded into Closed Session at 2:03 P.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 proceed into Closed Session.

Vote: 4 - 0 – Unanimously
 
A.
 
Real Property (Tex. Gov't. Code 551.072)

Reference item 10.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference item 10.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 9.C.
 
10.
 
Open Session: (Audio Reference 14m:00s)

The court returned from Closed Session at 2:27 P.M.

 
A.
 
Possible Action of Real Estate Acquisition

No action was taken on item 10.A.
 
B.
 
Possible Action on Pending and/or Potential Litigation (Audio Reference 14m:00s)

Legal Counselor, Ivan Perez, requested authority from the court to allow legal to proceed as discussed in Closed Session.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval as requested above on item 10.B.

Vote: 4 - 0 – Unanimously
 
11.
 
Adjourn (Audio Reference 14m:23s)

Judge Cortez adjourned the meeting at 2:27 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: 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 27th day of October, 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 October 27, 2020.

Signed this 28th day of October 2020




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County


By: ____________________________
(Seal) Carolyn Thornton, Deputy