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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - November 10, 2020

BE IT REMEMBERED, that on this 10th 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 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
November 10, 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 :52s)

Judge Cortez called the meeting to order at 9:46 A.M.

All members of the board were present during the roll call, with the exception of Commissioner Flores.
 
2.
 
Prayer (Audio Reference 01m:16s)

Raul Sesin offered the prayer.
 
3.
 
Open Forum (Audio Reference 02m:42s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:52s)

The court proceeded 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: 4 - 0 - Unanimously
 
5.
 
General Operations:
 
A.
AI -78227
1. Discussion, consideration, and possible action regarding acceptance for HCDD1 to serve as the Planning Group Sponsor of the Texas Water Development Board’s Region 15 Lower Rio Grande Flood Planning Group. (Audio Reference 03m:23s)

Operations Manager for Hidalgo County Drainage District No.1, Jaime Salazar, gave an overview of how Hidalgo County has been selected to serve as the Planning Group Sponsor of the Texas Water Development Board's Region 15 Lower Rio Grande Flood Planning Group, and the county's involvement to better the Lower Rio Grande Valley's flood plan.

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.1.
                                                                              
 Vote: 4 - 0 – Unanimously

2. Discussion, consideration, and possible action authorizing HCDD1 to apply for grant funds and enter into a contract with the TWDB on behalf of the Texas Water Development Board’s Region 15 Lower Rio Grande Flood Planning Group. (Audio Reference 06m:12s)

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.2.

Vote: 4 - 0 -Unanimously 

3. Discussion, consideration, and possible action authorizing HCDD1 to submit application(s) for grant funding under FEMA Flood Mitigation Assistance Grant Program and authorization for General Manager Raul E. Sesin, P.E., C.F.M., to execute all necessary paperwork to submit grant application(s). (Audio Reference 06m:36s)

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.3.
                                                                             
 Vote: 4 - 0 – Unanimously

4. Discussion, consideration, and possible action authorizing Board Member Ellie Torres (to serve as First Proxy) and Mr. Saul Garcia (to serve as Second Proxy) of Board Member David Fuentes in the the Texas Water Development Board’s Region 15 Lower Rio Grande Flood Planning Group. (Audio Reference 06m: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 5.A.4.

Vote: 4 - 0 - Unanimously 
 
B.
AI -78121
Requesting approval to purchase two (2) New JD 250G Long Reach Excavators through the District's membership with Buyboard awarded Contract No.  597-19 from Doggett Heavy Machinery Services, LTD in the total amount of $522,000.00. (Reference Procurement No. HCDD1-20-055) (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 5.B.
                                                                             
 Vote: 4 - 0 – Unanimously
 
C.
AI -78233
Requesting approval of Right of Entry for Parcel 24-E3 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. (Audio Reference 08m: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 5.C.
                                                                             
 Vote: 4 - 0 – Unanimously
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -78219
2018 Bond Referendum Projects, requesting approval of Budget Amendment to fund Board approved contracts in Fund 134, Capital Projects 2019 Bond Series, in the amount of $17,307,539.78 from the undistributed account. (Audio Reference 08m:18s)

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.
                                                                             
Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI -78207
Approval to issue payment on the following item proceeding review & compliance of contract terms and conditions:
Mission Lateral Budget 526
1. Application for Payment No.3 in the amount of $408,127.50-Saenz Brothers Construction, LLC pertaining to Construction Contract No. HCDD1--19-074-11-26 Project Engineer: L&G Consulting Engineering PO#639234-R (Audio Reference 08m: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 6.B.

Vote: 4 - 0 - Unanimously 
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -78232
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
J09 Ph.4-Budget 300
1. Application for Payment No. 5 in the amount of $189,164.52 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-19-077-12-03 Hidalgo County Precinct No. 4-J09 Phase IV Rural Drainage Development. Project Engineer: Jose N. Saldivar, P.E.-HCDD1  PO#639205 (Audio Reference 09m:08s)

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: 4 - 0 - Unanimously 
Attachments:
 
8.
 
General Fund:
 
A.
AI -78238
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Las Milpas-Hidalgo Park Estates-Budget 006-020-470
1. Application for Payment No. 1 in the amount of $150,949.52 from Mor-Wil, LLC pertaining to Construction Contract No. 20-021-06-23 Las Milpas -Hidalgo Park Estates.  Project Engineer: Jose N. Saldivar, P.E. PO#640295. (Audio Reference 09m: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 item 8.A.

Vote: 4 - 0 - Unanimously 
 
B.
AI -78213
Requesting authority to advertise and approval of Request for Proposals procurement packet (i.e., legal notice,requirements, scope of services, evaluation criteria etc.,) as attached hereto for: ''Financial Advisory Services'', RFP No. HCDD1-20-069-12-02, including the re-advertisement of project in the event proposals are rejected or no responses are received & services are still required. (Audio Reference 10m:06s)

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: 4 - 0 – Unanimously
Attachments:
 
C.
AI -78234
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 -Peñitas Drain Detention Pond (location: North of Quelite Road between Circle 6th St and Rancho Brazil Rd in Peñitas Texas", RFB No. HCDD1-20-070-12-02, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required. (Audio Reference 10m:40s)

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.C.

Vote: 4 - 0 - Unanimously 
Attachments:
 
9.
 
Right of Way Acquisitions:
 
A.
AI -78235
Requesting approval of closing documents for Parcel 2-5 as it relates to Project 2 of the 2018 Drainage Bond Program - 3 3/4 Mile Rd. & Shuerbach Rd. project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 11m:13s)

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 9.A.

Vote: 4 - 0 -Unanimously 
Attachments:
 
10.
 
TCEQ Raymondville Drain Project Phase 2:
 
A.
AI -77777
1.  Requesting approval of final negotiated Professional Services Agreement with  S&B Infrastructure, LTD, as it relates to Professional Engineering Services for the project: “TCEQ -Raymondville Drain Project Phase 2 (Restore Act Project)”. Approved for negotiations by HCDD1 Board of Directors on Agenda Item # 76596 (subject to Legal review); (Audio Reference 11m:34s)

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 10.A.1.

Vote: 4 - 0 - Unanimously 

2.  Pursuant to the Board's Approval of the Professional Services Agreement with S&B Infrastructure, LTD, requesting approval of Work Authorization No. 1 in the amount of $500,415.83, to provide Engineering Services for “TCEQ -Raymondville Drain Project Phase 2 (Restore Act Project)”, subject to Legal review (Contract # C-HCDD1-20-047-11-10). (Audio Reference 12m:02s)

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 10.A.2.

Vote: 4 - 0 - Unanimously 
Attachments:
 
B.
AI -78153
1. Requesting approval of final negotiated agreement (No. C-HCDD1-20-066-11-10), with  B2Z Engineering, LLC., for Professional Construction Management Services for the Hidalgo County Drainage District No.1, "TCEQ -Raymondville Drain Project Phase 2 (Restore Act),"  and as approved for negotiations by the HCDD1 Board of Directors on AI# 77869(10-20-20). (Subject to legal final review)  (Audio Reference 12m:30s)

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 10.B.1.

Vote: 4 - 0 - Unanimously

2. Requesting acceptance and approval of Work Authorization No. 1 for the provision of Professional Construction Management Services for the Hidalgo County Drainage District No. 1,  "TCEQ -Raymondville Drain Project Phase 2 (Restore Act)" in the amount of $168,919.96,  through awarded Contract No. C-HCDD1-20-066-11-10, with B2Z Engineering, LLC. (Audio Reference 13m:02s)

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 10.B.2.

Vote: 4 - 0 - Unanimously
Attachments:
 
11.
 
Closed Session: (Audio Reference 13m:29s)
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 item 11 - Closed Session.
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference item 12.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference item 12.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 11.C.
 
12.
 
Open Session:
 
A.
 
Possible Action of Real Estate Acquisition

No action was taken on item 12.A.
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on item 12.B.
 
13.
 
Adjourn (Audio Reference 13m:32s)

Judge Cortez adjourned the meeting at 9:59 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: 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 10th 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 10, 2020.

Signed this 10th 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