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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - November 3, 2020

BE IT REMEMBERED, that on this 3rd day of November 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
November 3, 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:33s)

Commissioner Cantu called the meeting to order at 9:49 A.M.

All members of the court were present during the roll call, with the exception of Commissioner Flores and Judge Cortez.
 
2.
 
Prayer (Audio Reference 01m:50s)

Raul Sesin offered the prayer.
 
3.
 
Open Forum (Audio Reference 02m:46s)

There were no Open Forum Participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:57s)

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. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.

Vote: 3 - 0 - Unanimously
 
5.
 
General Operations:
 
A.
AI -78104
Requesting approval of Memorandum of Understanding by and between Hidalgo County and Hidalgo County Drainage District No.1 as it relates to Funding for Texas General Land Office's CDBG-MIT 2015 and 2016 Floods State Mitigation Competitions. Main Floodwater Channel Expansion Projects - Phases 1 and 2. (Audio Reference 03m:20s)

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 -78070
Requesting approval for an Interlocal Agreement with the City of McAllen as it relates to the Balboa Estates - Mission Inlet Project. (Audio Reference 03m:43s)

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 5.B.

Vote: 3 - 0 - Unanimously 
 
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -78095
1. Presentation of qualified responsible vendor submitting the lowest and best bid for the purpose of award and approval of Purchase Order for the Request for Bid titled: HCDD1-20-058A-11-02-Purchase of One Cast Iron Sluice Gate 84" x 72 for Sunflower Drain-2018 Bond Referendum Project #36.  (Audio Reference 03m:58s)

Raul Sesin stated the vendor to be Texas West, with the submitted amount of $41,980.00.

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.A.1.

Vote: 3 - 0 - Unanimously 

2. Presentation of qualified responsible vendor submitting the lowest and best bid for the purpose of award and approval of Purchase Order for the Request for Bid titled: HCDD1-20-059A-11-02-Purchase One Cast Iron Sluice Gate 96"x 96" for Jackson Rd. Drain Phase I-2018 Bond Referendum Project #16. (Audio Reference 04m:30s)

Raul Sesin stated the vendor to be AquaWorks Pipe & Supply, with the submitted amount of $105,000.00.

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.A.2.

Vote: 3 - 0 - Unanimously 
 
B.
AI -78109
Requesting approval of Change Order No. 1  reflecting a decrease in the amount of $ -131,548.00, and no additional construction calendar days, in connection with contract No. C-HCDD1-20-042-09-08 -Hidalgo County Drainage District No. 1 project, "Mission Lateral (Section II) -2018 Bond Referendum Project #26" with H & R Lease Service, LLC, as recommended by project engineer, Damien B. Tijerina, P.E., L&G Engineering. (subject to compliance to HB1295) (Audio Reference 05m:00s)

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 -78082
Ratification of approved Notice to Suspend Work Order issued to Castle Enterprises, LLC, related to Construction Contract No. C-HCDD1-20-010-08-25 for "Las Milpas -2018 Bond Referendum Project #17".  Effective: 10-26-2020. (Audio Reference 05m:28s)

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.C.

Vote: 3 - 0 - Unanimously 
 
7.
 
General Fund:
 
A.
AI -78061
Approval of TDEM's form "Applicant's Attestation for Duplication of Benefits" for PW-00595 pertaining to 2015 Rain Events. (Audio Reference 06m:30s)

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.
 
Right of Way Acquisitions:
 
A.
AI -78041
Requesting approval of closing documents for Parcel 1 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 06m: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 8.A.

Vote: 3 - 0 - Unanimously 
 
Attachments:
 
B.
AI -78085
Requesting approval of closing documents for Parcel 24-E7 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 07m:04s)

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 8.B.
                                                                              
 Vote: 3 - 0 – Unanimously
Attachments:
 
9.
 
Closed Session: (Audio Reference 07m:23s)
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 court did not proceed into Closed Session.
 
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:
 
A.
 
Possible Action of Real Estate Acquisition

No action was taken on item 10.A.
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on item 10.B.
 
11.
 
Adjourn (Audio Reference 07m:26s)

The court adjourned the meeting at 9:56 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 3rd day of November , 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 November 3, 2020.

Signed this 4th day of November 2020




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy