SPECIAL MEETING - March 11, 2014
BE IT REMEMBERED, that on this 11th day of March 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 JOE M. FLORES HONORABLE JOSEPH PALACIOS |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 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 March 11, 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 Commissioner Hector "Tito" Palacios.
All members of the Board were counted present for the exception of Commissioner Hector "Tito" Palacios.
2.
Open Forum
Virginia Townsend commented that people are still asking more questions about the contract with Integ. She stated that the taxpayers are concerned regarding the contract and its intrepretation.
Virginia Townsend commented that people are still asking more questions about the contract with Integ. She stated that the taxpayers are concerned regarding the contract and its intrepretation.
3.
Approval of Consent Agenda
The Court moved to approve the Consent Agenda for the exception of Item 2 to be pulled for discussion.
The Court moved to approve the Consent Agenda for the exception of Item 2 to be pulled for discussion.
4.
AI -43483
A. Discussion, consideration and appropriate action to assign the Supervision of the Financial Operations of Hidalgo County Drainage District #1, and to include all financial related slot positions, to the Board of Directors of the District.
Steve Crain, Legal Counsel, mentioned to the board that the way the caption read is incorrect.
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 to assign the supervision of the financial operations of the Drainage District to the financial officer and that the financial officer report to Drainage District Board of Directors.
Vote: 3 - 0 - Unanimously
B. Approval to create Budget Officer for the District
Mr. Eufracio asked if the Budget Officer was going to oversee the day to day operations of the District. Ms. Briones stated that she would be overseeing the day to day operations and mentioned that others assist her. She stated that they are in need of additional positions in which duties could be shifted to allow auditing to be completed by her and her staff. She stated that she will continue to be a part of the budget process. Commissioner Joseph Palacios stated the Budget Officer would work under the District Manager yet work along with the auditor, as well.
Commissioner Joe M. Flores joined the meeting.
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
Steve Crain, Legal Counsel, mentioned to the board that the way the caption read is incorrect.
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 to assign the supervision of the financial operations of the Drainage District to the financial officer and that the financial officer report to Drainage District Board of Directors.
Vote: 3 - 0 - Unanimously
B. Approval to create Budget Officer for the District
Mr. Eufracio asked if the Budget Officer was going to oversee the day to day operations of the District. Ms. Briones stated that she would be overseeing the day to day operations and mentioned that others assist her. She stated that they are in need of additional positions in which duties could be shifted to allow auditing to be completed by her and her staff. She stated that she will continue to be a part of the budget process. Commissioner Joseph Palacios stated the Budget Officer would work under the District Manager yet work along with the auditor, as well.
Commissioner Joe M. Flores joined the meeting.
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
5.
AI -43508
A. Discussion, consideration and possible action to create the position of Drainage District Director
Mr. Valde Guerra informed the board that since the position does not currently exist in the Drainage District Salary Schedule; therefore, thus the need for its creation. He stated it would be effective when the board approves it to be effective. Mr. Jaime Longoria has been working with Mr. Guerra to create the job description and duties of the new position. He stated that they will meet with the Chiefs of Staff to further discuss the job description. Mr. Guerra stated funding will be assessed once the position has been created.
NO ACTION taken on this Item.
B. Set Salary for position of Drainage District Director
NO ACTION taken on this Item.
Mr. Valde Guerra informed the board that since the position does not currently exist in the Drainage District Salary Schedule; therefore, thus the need for its creation. He stated it would be effective when the board approves it to be effective. Mr. Jaime Longoria has been working with Mr. Guerra to create the job description and duties of the new position. He stated that they will meet with the Chiefs of Staff to further discuss the job description. Mr. Guerra stated funding will be assessed once the position has been created.
NO ACTION taken on this Item.
B. Set Salary for position of Drainage District Director
NO ACTION taken on this Item.
6.
AI -43509
Discussion, consideration and possible action concerning the status of all commission fees paid to Integ, Inc. from the 2006 Bond Issue Fund and any other district controlled funds
Judge Garcia expressed to the board and public that he reviewed the 2007 contract and asked Mr. Godfrey Garza, who negotiated the contract. Judge Garcia also questioned the connection between the construction of the Border Wall and the Hidalgo County Master Drain System. He stated that the Border Wall became an issue a year after; therefore, he doesn't feel the Border Wall, by contract, is a part of the Master Drain System Phase II projects that the County had agreed on paying Integ the 1.5% commission. Through a suggestion from Commissioners Joseph Palacios and Joe Flores and confirmation by legal counsel, the item is to be discussed during Executive Session.
Judge Garcia expressed to the board and public that he reviewed the 2007 contract and asked Mr. Godfrey Garza, who negotiated the contract. Judge Garcia also questioned the connection between the construction of the Border Wall and the Hidalgo County Master Drain System. He stated that the Border Wall became an issue a year after; therefore, he doesn't feel the Border Wall, by contract, is a part of the Master Drain System Phase II projects that the County had agreed on paying Integ the 1.5% commission. Through a suggestion from Commissioners Joseph Palacios and Joe Flores and confirmation by legal counsel, the item is to be discussed during Executive Session.
7.
AI -43453
Update on Rehabilitation and/or construction of river levee ant the Edinburg Pump Station, Irrigation District #1.
Isael Posada, SDI Engineering on behalf of Irrigation District, and Rusty McDaniel, General Manager Irrigation District, were before the board to present a slideshow for the boards consideration.
Proceed as Directed.
Isael Posada, SDI Engineering on behalf of Irrigation District, and Rusty McDaniel, General Manager Irrigation District, were before the board to present a slideshow for the boards consideration.
Proceed as Directed.
8.
AI -43348
2013 Bond Series
Request Approval of Pay Estimate No. 2 to IRP South Central, LLC for the Construction of the RADO Storm Rehab project i the amount of $491,207.76. Contract approved 11-12-13.
NO ACTION taken on this Item.
Request Approval of Pay Estimate No. 2 to IRP South Central, LLC for the Construction of the RADO Storm Rehab project i the amount of $491,207.76. Contract approved 11-12-13.
NO ACTION taken on this Item.
9.
AI -43463
A.) Requesting approval to purchase a two (2) year Advanced Support Renewal for Autodesk Software through the District's membership with Department of Information Resources-Contract No.: DIR-SDD-1697 in the amount of $1,832.14.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
B.) Requesting approval to reject sole bid received for RFB No. 13-031-12-20 "Lease of Land for Purpose of Farming".
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
C.) Requesting approval to advertise for RFB No.: HCDD1-14-009-04-07 "Reinforced Concrete Pipe-Tongue & Groove, Reinforced Concrete Pipe-Rubber Gasket, Box Culvert (Less than 2’ fill), Box Culvert (More than 2’ fill)” .
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
2013 BOND SERIES
D.) Requesting approval of Work Authorization No. 2 from Melden & Hunt, Inc. in the amount not to exceed $12,500.00 as it relates to Inspection Services for Pct. 2-"Rado Drain Re-Route" project.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
E.) Requesting approval of Change Order No. 1; increase of $10,780.00 to Construction Contract HCDD1-13-023-11-19C "J-09 Drain Improvements Phase I Construction" with FJW Construction, LLC.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
F.) Requesting approval to advertise for RFB No.: HCDD1-14-010-04-09 PCT.2-Rural Drainage Development "Seminole Valley Subdivision Area Drainage Improvements".
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
B.) Requesting approval to reject sole bid received for RFB No. 13-031-12-20 "Lease of Land for Purpose of Farming".
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
C.) Requesting approval to advertise for RFB No.: HCDD1-14-009-04-07 "Reinforced Concrete Pipe-Tongue & Groove, Reinforced Concrete Pipe-Rubber Gasket, Box Culvert (Less than 2’ fill), Box Culvert (More than 2’ fill)” .
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
2013 BOND SERIES
D.) Requesting approval of Work Authorization No. 2 from Melden & Hunt, Inc. in the amount not to exceed $12,500.00 as it relates to Inspection Services for Pct. 2-"Rado Drain Re-Route" project.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
E.) Requesting approval of Change Order No. 1; increase of $10,780.00 to Construction Contract HCDD1-13-023-11-19C "J-09 Drain Improvements Phase I Construction" with FJW Construction, LLC.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
F.) Requesting approval to advertise for RFB No.: HCDD1-14-010-04-09 PCT.2-Rural Drainage Development "Seminole Valley Subdivision Area Drainage Improvements".
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
10.
AI -43475
A.) Requesting approval of Interlocal Agreement between Hidalgo County Drainage District No.1 and the County of Hidalgo, Texas, for the construction of drainage project (Pct.2 Rural Drainage Development-Northside Village / Hidden Valley Subdivision Area Drainage Improvements) in conjunction with a County road project (Gearhart).
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
B.) Pursuant to the Board's approval of Interlocal with County of Hidalgo requesting approval of Change Order No.1 (increase of $43,800.00) to Construction Contract No. HCDD1-14-001-01-21 "Pct. 2 Rural Drainage Development-Northside Village / Hidden Valley Subdivision Area Drainage Improvements" Rojas Construction & Paving, LLC.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
B.) Pursuant to the Board's approval of Interlocal with County of Hidalgo requesting approval of Change Order No.1 (increase of $43,800.00) to Construction Contract No. HCDD1-14-001-01-21 "Pct. 2 Rural Drainage Development-Northside Village / Hidden Valley Subdivision Area Drainage Improvements" Rojas Construction & Paving, LLC.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
11.
AI -43481
2013 BOND SERIES
A.) Requesting approval of final negotiated Agreement for Professional Engineering Services with S&B Infrastructure, Ltd as it relates to repairs to Weir 4 on the Main Floodwater Channel in Willacy County, Texas. Approved for negotiations by HCDD1 Board of Directors on January 15, 2013.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR. , the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
B.) Requesting approval of Work Authorization No. 1 from S&B Infrastructure in the amount of $36,601 as it relates to Preliminary Engineering for Weir 4 on the Main Floodwater Channel in Willacy County, Texas.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
C.) Requesting approval of Work Authorization No. 2 from S&B Infrastructure in the amount of $10,560.00 as it relates to Survey Services for Weir 4 on the Main Floodwater Channel in Willacy County, Texas.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR. , the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
D.) Requesting approval of Work Authorization No. 3 from S&B Infrastructure in the amount of $16,575.72 as it relates to Geo-Tech Services for Weir 4 on the Main Floodwater Channel in Willacy County, Texas.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR. , the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
A.) Requesting approval of final negotiated Agreement for Professional Engineering Services with S&B Infrastructure, Ltd as it relates to repairs to Weir 4 on the Main Floodwater Channel in Willacy County, Texas. Approved for negotiations by HCDD1 Board of Directors on January 15, 2013.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR. , the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
B.) Requesting approval of Work Authorization No. 1 from S&B Infrastructure in the amount of $36,601 as it relates to Preliminary Engineering for Weir 4 on the Main Floodwater Channel in Willacy County, Texas.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
C.) Requesting approval of Work Authorization No. 2 from S&B Infrastructure in the amount of $10,560.00 as it relates to Survey Services for Weir 4 on the Main Floodwater Channel in Willacy County, Texas.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR. , the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
D.) Requesting approval of Work Authorization No. 3 from S&B Infrastructure in the amount of $16,575.72 as it relates to Geo-Tech Services for Weir 4 on the Main Floodwater Channel in Willacy County, Texas.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR. , the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
12.
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. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
A.
Real Estate Acquisition
B.
Pending and/or Potential Litigation
NO ACTION taken on Items 12.A and 12.B.
NO ACTION taken on Items 12.A and 12.B.
13.
Open Session:
A.
Real Estate Acquisition
NO ACTION taken on this Item.
NO ACTION taken on this Item.
B.
Pending and/or Potential Litigation
In regards to Item 6, Judge Garcia stated that they will proceed with employing counsel to do a fact finding analysis/investigation of the circumstances that led to the signing and payment of fees paid to Integ Corporation as a result of work done on the levees and Border Wall projects.
In regards to Item 6, Judge Garcia stated that they will proceed with employing counsel to do a fact finding analysis/investigation of the circumstances that led to the signing and payment of fees paid to Integ Corporation as a result of work done on the levees and Border Wall projects.
14.
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.
15.
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
16.
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: 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 11th day of March, 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 March 11, 2014.
Signed this 11th day of March 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 11th day of March, 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 March 11, 2014.
Signed this 11th day of March 2014
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy