SPECIAL MEETING - February 25, 2014
BE IT REMEMBERED, that on this 25th day of February A.D., 2014, 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 RAMON GARCIA HONORABLE A.C. CUELLAR, JR. HONORABLE HECTOR "TITO" PALACIOS HONORABLE JOSEPH PALACIOS |
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 February 25, 2014 9:00 A.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Drainage District #1 Board of Directors will be held at the Edinburg Council Chambers 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:
1.
Roll Call
All members of the Board were counted present for the exception of Joe M. Flores.
All members of the Board were counted present for the exception of Joe M. Flores.
2.
Open Forum
No Open Forum discussions.
No Open Forum discussions.
3.
Approval of Consent Agenda
The Board moved to approve the Consent Agenda for the exception of Invoice #11324738 WA#2 for La Joya Watershed Improvement in the amount of $43,226.88, PO#622697 to be pulled for discussion.
The Board moved to approve the Consent Agenda for the exception of Invoice #11324738 WA#2 for La Joya Watershed Improvement in the amount of $43,226.88, PO#622697 to be pulled for discussion.
4.
AI -43295
A.) Presentation of scoring grid (for the purpose of ranking by HCDD1 Board of Directors) of the firms graded and evaluated through the District's approved "Pool" of Professional Engineers in connection with Professional Engineering Services required for Pct. 3 -Roadway System off site Drainage Improvements as it relates to Inter-local Cooperative Agreement with the RMA.
| FIRM NAME: | SCORE: | RANK: |
| L&G ENGINEERING | 99 | 1 |
| DANNENBAUM ENGINEERING COMPANY | 90 | 2 |
| TEDSI INFRASTRUCTURE GROUP | 87 | 3 |
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
B.) Requesting approval for the Hidalgo County Drainage District No. 1 to negotiate Agreement for Professional Engineering Services with the number one ranked firm of L&G ENGINEERING; for the provision of Engineering Services required for Pct.3-Roadway System off site Drainage Improvements as it relates to Inter-local Cooperative Agreement with RMA.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
5.
AI -43280
A. Request approval of Budget Amendments to carry over remaining available balance at December 31, 2013 for the:
1. Fund- 130-District Capital Fund
2. Fund- 132 District 2008 Bond Series Fund
3. Fund- 133 District 2013 Bond Series Fund
Drainage District Fianancial Officer, Lora Briones, announced the encumbered amounts/available balance of which the court budgeted for are as follows: Fund 130 - District Capital Project Fund $635,091.00, Fund 132 District 2008 Bond Series Fund - $4,486,193.77, Fund 133 District 2013 Bond Series Fund carry over amount of $66,499,332.65.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
B. Request approval of Budget Amendments in the District's General Fund 110 to fund open purchase orders at December 31, 2013 that will carry over into 2014.
Ms. Broines announced the amount of Budget Amendments in the District's General Fund 110 to fund open purchase orders at December 31, 2013 that will carry over into 2014 is $1,172,045.78
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
1. Fund- 130-District Capital Fund
2. Fund- 132 District 2008 Bond Series Fund
3. Fund- 133 District 2013 Bond Series Fund
Drainage District Fianancial Officer, Lora Briones, announced the encumbered amounts/available balance of which the court budgeted for are as follows: Fund 130 - District Capital Project Fund $635,091.00, Fund 132 District 2008 Bond Series Fund - $4,486,193.77, Fund 133 District 2013 Bond Series Fund carry over amount of $66,499,332.65.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
B. Request approval of Budget Amendments in the District's General Fund 110 to fund open purchase orders at December 31, 2013 that will carry over into 2014.
Ms. Broines announced the amount of Budget Amendments in the District's General Fund 110 to fund open purchase orders at December 31, 2013 that will carry over into 2014 is $1,172,045.78
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
6.
AI -43288
Authorization to begin evaluating Rehabilitation and/or construction of river levee at Edinburg Pump Station, Irrigation District #1.
Godfrey Garza explained that the levee does not have a hole, it is just not level between levees. The secondary coffer dam that was built behind the pump now has a hole that was cut to get to the pump house to fix the previous hole. He stated the repairs of the wall should be completed within 60-90 days; then a possible 45-60 days to complete the project.
Godfrey Garza explained that the levee does not have a hole, it is just not level between levees. The secondary coffer dam that was built behind the pump now has a hole that was cut to get to the pump house to fix the previous hole. He stated the repairs of the wall should be completed within 60-90 days; then a possible 45-60 days to complete the project.
Attachments:
7.
AI -43230
A. Discussion on the 2006 bond and where the $100 million were spent(an accounting of the $100 million).
Financial Officer, Lora Briones, presented a spreadsheet with specific details on where monies where used. Mr. Garza presented a list of the projects that were worked on with the monies with elaboration of each project. Mr. Garza explained that money was moved to the levee projects because the Board of Directors at that time felt they needed to protect the devolpments that existed at that time. He believes that the projects are at 85-90% completion from monies that have been allocated and that there are still funds available to complete them. Mr. Eufracio stated that the numbers presented in the spreadsheet do not add up and Ms. Briones clarified that all monies have been booked. Mr. Garza stated that an independent auditor, Burton McCumber, auditing on a year to year basis and Ms. Briones, Financial Officer, was handling the day to day auditing.
Judge Garcia questioned the conditions of the contract Mr. Godfrey Garza was under throughout his term as the Drainage District Director. Judge Garza stated that the percentage did not include plans, nor engineering work and asked who made the interpretation that engineering work was a part of construction costs. After some discussion, Legal Counsel was asked what is meant as far as what "actual construction costs" included and he stated that it depends on how the contract is worded. The determination was to be made by the Financial Officer of the Drainage District in which Ms. Briones was to be responsible for monies paid out.
Judge Garcia also questioned how the the Border Wall became a part of a Master Drainage plan and Mr. Garza stated that is just the way it was interpreted at that time and the way the project moved forward.
B. Discussion on the 2012 bond and where the $84 million are being spent or are being appropriated.
(Status of the 37 projects for the 2012 bond that we told the taxpayers we would be working on.)
Jaime Salazar presented a spreadsheet with contracts and work authorizations that are a part of the Rural Drainage Development Program.
Financial Officer, Lora Briones, presented a spreadsheet with specific details on where monies where used. Mr. Garza presented a list of the projects that were worked on with the monies with elaboration of each project. Mr. Garza explained that money was moved to the levee projects because the Board of Directors at that time felt they needed to protect the devolpments that existed at that time. He believes that the projects are at 85-90% completion from monies that have been allocated and that there are still funds available to complete them. Mr. Eufracio stated that the numbers presented in the spreadsheet do not add up and Ms. Briones clarified that all monies have been booked. Mr. Garza stated that an independent auditor, Burton McCumber, auditing on a year to year basis and Ms. Briones, Financial Officer, was handling the day to day auditing.
Judge Garcia questioned the conditions of the contract Mr. Godfrey Garza was under throughout his term as the Drainage District Director. Judge Garza stated that the percentage did not include plans, nor engineering work and asked who made the interpretation that engineering work was a part of construction costs. After some discussion, Legal Counsel was asked what is meant as far as what "actual construction costs" included and he stated that it depends on how the contract is worded. The determination was to be made by the Financial Officer of the Drainage District in which Ms. Briones was to be responsible for monies paid out.
Judge Garcia also questioned how the the Border Wall became a part of a Master Drainage plan and Mr. Garza stated that is just the way it was interpreted at that time and the way the project moved forward.
B. Discussion on the 2012 bond and where the $84 million are being spent or are being appropriated.
(Status of the 37 projects for the 2012 bond that we told the taxpayers we would be working on.)
Jaime Salazar presented a spreadsheet with contracts and work authorizations that are a part of the Rural Drainage Development Program.
Attachments:
8.
AI -43289
Consider request from City of Pharr Commissioners to approve a Resolution authorizing the resale of tax foreclosed property, account number K2400-00-000-0181-09.
Hiram Gutierrez, representing Purdue, Brandon, Fielder, Collins, and Mott, LLP, stated that the property went through tax auction in which no bids were generated. St. Jude has offered a bid of $65,000 and would be prorated throughout each taxing entity. This property is currently struck off to the taxing entities and not on the County's tax roll.
Hiram Gutierrez, representing Purdue, Brandon, Fielder, Collins, and Mott, LLP, stated that the property went through tax auction in which no bids were generated. St. Jude has offered a bid of $65,000 and would be prorated throughout each taxing entity. This property is currently struck off to the taxing entities and not on the County's tax roll.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
9.
Closed Session:
Board of Directors may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
Board of Directors may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
A.
Real Estate Acquisition
B.
Pending and/or Potential Litigation
C.
AI -43273
Claim of Dannenbaum Engineering
NO ACTION taken on Items 9.A - 9.C.
NO ACTION taken on Items 9.A - 9.C.
10.
Open Session:
Commissioner Hector "Tito" Palacios was not present for Open Session.
Commissioner Hector "Tito" Palacios was not present for Open Session.
A.
Real Estate Acquisition
NO ACTION taken on this Item.
NO ACTION taken on this Item.
B.
Pending and/or Potential Litigation
NO ACTION taken on this Item.
NO ACTION taken on this Item.
C.
AI -43274
Claim of Dannenbaum Engineering
Settlement documents are being prepared and will be presented next week. They will proceed as directed.
Settlement documents are being prepared and will be presented next week. They will proceed as directed.
11.
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
12.
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
13.
Adjourn
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0
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 25th day of February, 2014
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Virginia Jones, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on February 25, 2013.
Signed this 25th day of February 2014
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 25th day of February, 2014
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Virginia Jones, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on February 25, 2013.
Signed this 25th day of February 2014
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy