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SPECIAL MEETING - September 15, 2020

BE IT REMEMBERED, that on this 15th day of September 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 JOE M. FLORES

HONORABLE ELLIE TORRES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

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
September 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 videoconference.  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:42s)

Judge Cortez called the meeting to order at 9:47 A.M.

All members of the board were present during the roll call.

             
2.   Prayer (Audio Reference 01m:57s)

Raul Sesin offered the prayer.
             
3.   Open Forum (Audio Reference 03m:11s)

There were no Open Forum participants.
             
4.   Approval of Consent Agenda (Audio Reference 03m:22s)

No Consent Agenda items were pulled for further discussion. The board motioned to approve the Consent Agenda.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.

Vote: 5 - 0 - Unanimously
             
5.   2018 Bond Referendum Projects:
             
A.   AI -77375    1. Requesting approval to accept CSP response and award the negotiated Construction Contract, including Best and Final Offer, for the project:  "Malone Drive & Pomelo Road -2018 Bond Referendum Project #18" (Contract No. C-HCDD1-20-043-09-15)  to Venser Contractors, LLC, in the total amount of $330,202.75 (base bid & Alternate No. 1) as approved for negotiations by the Board of Directors on September 8, 2020 (Agenda Item No. 77226). (Subject to Legal Review and Compliance with HB1295). (Audio Reference 03m:52s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.A.1.

Vote: 5 - 0 – Unanimously

2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve and increase or decrease in cost of $50,000 or LESS and in no event to exceed the Change Order's statutory limits.  The original contract price may not be decreased by 18% or more without consent of the contractor. (Audio Reference 04m:34s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 5.A.2.

 Vote: 5 - 0 - Unanimously
  Attachments:
  Best & Final Offer Letter
  Agenda-Authority to Negotiate Contract
 
             
B.   AI -77376    1. Requesting approval to accept CSP response and award the negotiated Construction Contract, including Best and Final Offer, for the project:  "Old La Blanca Rd & Mile 10 N -2018 Bond Referendum Project #28" (Contract No. C-HCDD1-20-044-09-15)  to Venser Contractors, LLC, in the total amount of $196,187.75 (base bid) as approved for negotiations by the Board of Directors on September 8, 2020 (Agenda Item No. 77220). (Subject to Legal Review and Compliance with HB1295).  (Audio Reference 05m:01s)
 
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.

Vote: 5 - 0 -Unanimously 

2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve and increase or decrease in cost of $50,000 or LESS and in no event to exceed the Change Order's statutory limits.  The original contract price may not be decreased by 18% or more without consent of the contractor. (Audio Reference 05m:40s)

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: 5 - 0 – Unanimously
  Attachments:
  Best & Final Offer Letter
  Agenda Authority to Negotiate Contract
 
             
C.   AI -77382    1. Requesting approval to accept CSP response and award the negotiated Construction Contract, including Best and Final Offer, for the project:  "Sunflower Drain -2018 Bond Referendum Project #36" (Contract No. C-HCDD1-20-041-09-15)  to  Mor-Wil, LLC, in the total amount of $988,803.19 (base bid) as approved for negotiations by the Board of Directors on September 1, 2020 (Agenda Item No. 77169). (Subject to Legal Review and Compliance with HB1295). (Audio Reference 06m:07s)

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.1.

Vote: 5 - 0 – Unanimously

2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve and increase or decrease in cost of $50,000 or LESS and in no event to exceed the Change Order's statutory limits.  The original contract price may not be decreased by 18% or more without consent of the contractor. (Audio Reference 06m:40s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 5.C.2.

Vote: 5 - 0 – Unanimously
  Attachments:
  BAFO
  Agenda Authority to Negotiate Contract
 
             
D.   AI -77367    Requesting authority to advertise and approval of procurement packet (i.e., legal notice,specifications, bid page, etc.,) as attached hereto,  including the re-advertisement of projects in the event bids are rejected or no bids are received & project is still required. for the following listed items:

1.  RFB No. HCDD1-20-058-10-07 -Purchase of One (1) Cast Iron Sluice Gate 84" x 72" for Sunflower Drain -2018 Bond Referendum Project #36

2.  RFB No. HCDD1-20-059-10-07 -Purchase of One (1) Cast Iron Sluice Gate 96" x 96" for Jackson Rd. Drain Phase I -2018 Bond Referendum Project #16

3. RFB No. HCDD1-20-060-10-07 -Purchase of One (1) Vertical Axial-Flow Pump for Sunflower Drain -2018 Bond Referendum Project #36.

4. 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 #16

(Audio Reference 07m:06s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 5.D.1, 2, 3, & 4.
                                                        
 Vote: 5 - 0 – Unanimously
  Attachments:
  /Sluice Gate; Sunflower
  Sluice Gate; Jackson
  Flow Pump; Sunflower
  Flow Pump; Jackson
 
             
E.   AI -77386   
Requesting acceptance and approval of Work Authorization No. 3 for the provision of Construction Materials Testing Services for:  "Hidalgo County Drainage District No. 1 -IBWC Floodway Levee Project" in the amount of $  15,348.75, through awarded Contract No. C-HCDD1-20-025-04-21, with Millennium Engineers Group, Inc., for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services" (Subject to Legal Review). (Audio Reference 08m:12s)

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.E.
                                                                              
 Vote: 5 - 0 – Unanimously
  Attachments:
  WA-3
 
             
6.   2012 Bond Referendum - 2013 Bond Series:
             
A.   AI -77304    Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Alamo Expressway Drain-Budget 320
1. Application for payment no. 3 in the amount of $115,957.49 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-047-09-25-Alamo Expressway Drain Improvements. Project Engineer: Jose Noe Saldivar, P.E.-HCDD1 PO#636128 .

(Audio Reference 08m:39s)

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: 5 - 0 – Unanimously
  Attachments:
  PMT#3-ALAMO EXPRESSWAY _CASTLE
 
             
B.   AI -77306    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. 3 in the amount of $67,718.50 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:11s)

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.1.

Vote: 5 - 0 - Unanimously 
  Attachments:
  PMT#3-J09 PH.4 -MOR WIL
 
             
7.   General Fund:
             
A.   AI -77335    Annual Tax Collections Report 2019-2020 (Audio Reference 09m:40s)

Paul Villareal, from the Hidalgo County Tax Office, presented to the board the Current Tax Collections Annual Report for 2019-2020. 

Commissioner Fuentes stepped away from the meeting.

No action was taken on item 7.A.
  Attachments:
  Drainage District #1 Annual Tax Collections Report 2019-2020
 
             
B.   AI -77381    Debt Service Fund-140
1. Approval to issue 5th annual installment for ICA relating to J-09 Drainage Project.  -Installment Agreement 2016-08-09 between the County of Hidalgo and Hidalgo County Drainage District No. One. Hidalgo County Invoice No. J09-05 in the amount of $384,332.90. (Audio Reference 14m:44s)

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 7.B.1.

Vote: 4 - 0 -Unanimously 

2. Approval to issue 2nd annual installment for ICA relating to South Detention Basin -Installment Agreement 2019-06-06 between the County of Hidalgo and Hidalgo County Drainage District No. One.  Hidalgo County Invoice No. 123117-02 in the amount of $1,660,000.00. (Audio Reference 15m:19s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 7.B.2.

Vote: 4 - 0 – Unanimously
  Attachments:
  ICA J09 08-09-2016
  Hidalgo County Inv#J09-05
  ICA South Detention Basin 06-06-2019
  Hidalgo County Inv#123117-02
 
             
C.   AI -77363    Presentation and Discussion of Hidalgo County Drainage District No. 1 Budget for 2021 calendar year. (Audio Reference 15m:50s)

Commissioner Fuentes rejoined the meeting.

Raul Sesin, along with Lora Briones, with the Hidalgo County Drainage District No.1 Department, presented to the board the Estimated Fund Balance & the General Fund Balance for the 2021 calendar year.

No action was taken on item 7.C.
  Attachments:
  2021 Budget Process
 
             
8.   Closed Session: (Audio Reference 26m:26s)
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 10:12 A.M.

No action was taken to proceed into Closed Session.
             
A.   Real Property (Tex. Gov't Code 551.072)

Reference item 9.A.
             
B.   Personnel Matters (Tex. Gov't. Code 551.074)

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.
             
9.   Open Session: (Audio Reference 27m:16s)

The board returned from Closed Session at 10:25 A.M.

             
A.   Possible Action of Real Estate Acquisition (Audio Reference 27m:21s)

Legal Counselor, Ivan Perez, recommended to the board authorization to allow the administration to proceed as discussed in the closed session.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to authorize the administration to proceed as discussed in the closed session.

Vote: 5 - 0 - Unanimously
             
B.   Possible Action on Pending and/or Potential Litigation

No action was taken on item 9.B.
             
10.   Adjourn (Audio Reference 27m:44s)

Judge Cortez adjourned the meeting at 10:26 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: 5 - 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 September, 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 September 15, 2020.

Signed this 16th day of September 2020




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy
 

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