SPECIAL MEETING - April 15, 2014
BE IT REMEMBERED, that on this 15th day of April 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 JOE M. FLORES HONORABLE JOSEPH PALACIOS |
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 April 15, 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 Court were counted present.
All members of the Court were counted present.
2.
Open Forum
Virginia Townsend stated she felt the hiring freeze would pertain to the Drainage District, as well. She stated that the creation of a Budget Officer was not the original intention of the Board and would like for the Board to consider that.
Virginia Townsend stated she felt the hiring freeze would pertain to the Drainage District, as well. She stated that the creation of a Budget Officer was not the original intention of the Board and would like for the Board to consider that.
3.
Approval of Consent Agenda
The Board moved to approve the Consent Agenda.
The Board moved to approve the Consent Agenda.
4.
AI -44055
Discussion, consideration and approval of the submittal of application to the TWDB for matching funds grant not to exceed the amount of $3,000,000.00 from funds made available through SB1, 83rd Legislature , to be use for construction of water reuse, aquifer storage and recovery, or any other demonstration projects.
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 -44081
District Administration:
A. Approval of the creation of slot#15-Budget Officer and set salary in the amount of $53,000.00
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
At this time, Commissioner Joe Flores joined the meeting.
Virgnia Townsend expressed her concern the need for a budget officer and stated she was under the impression there was a hiring freeze. Commissioner Flores suggested they simply move someone from the budget office to avoid the additional expense.
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 rescind the previous motion.
Vote: 5 - 0 - Unanimously
B. Approval of Budget Amendment to fund new Budget Officer Salary and Fringes.
NO ACTION taken on this Item.
C. Approval of District's revised Salary Schedules.
NO ACTION taken on this Item.
A. Approval of the creation of slot#15-Budget Officer and set salary in the amount of $53,000.00
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
At this time, Commissioner Joe Flores joined the meeting.
Virgnia Townsend expressed her concern the need for a budget officer and stated she was under the impression there was a hiring freeze. Commissioner Flores suggested they simply move someone from the budget office to avoid the additional expense.
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 rescind the previous motion.
Vote: 5 - 0 - Unanimously
B. Approval of Budget Amendment to fund new Budget Officer Salary and Fringes.
NO ACTION taken on this Item.
C. Approval of District's revised Salary Schedules.
NO ACTION taken on this Item.
6.
AI -44028
A. Discussion, consideration and clarification on revised financial related Administration positions as per the action taken by the Board of the Hidalgo County Drainage District No. 1 at the meeting of 03/11/2014.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B. Approval of modified administration staff for the accounting group.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. , JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
C. Approval of revised organizational chart
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. , JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B. Approval of modified administration staff for the accounting group.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. , JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
C. Approval of revised organizational chart
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. , JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
7.
AI -44061
A.) Requesting approval to renew Oracle Premier Support for GIS Systems through the District's membership with Department of Information Resources Oracle Contract No. DIR-SDD-1695.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. , JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B.) Requesting approval to final negotiated Agreement for Professional Engineering Services with R. Gutierrez Engineering Corporation as it relates to "Assessment and Repair of Aluminum Structural Plate Arch at the Mission Inlet Crossing on McColl Road". Approved for negotiations by the Hidalgo County Board of Directors on March 18, 2014.
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: 5 - 0 - Unanimously
C.) Requesting approval of Work Authorization No. 1 with R. Gutierrez Engineering Corporation in the amount of $22,611.00 for Professional Engineering Services field assessment and repair recommendations to burnt area on the Aluminum Structural Plate Arch at the Mission Inlet Crossing on McColl Road".
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: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. , JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B.) Requesting approval to final negotiated Agreement for Professional Engineering Services with R. Gutierrez Engineering Corporation as it relates to "Assessment and Repair of Aluminum Structural Plate Arch at the Mission Inlet Crossing on McColl Road". Approved for negotiations by the Hidalgo County Board of Directors on March 18, 2014.
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: 5 - 0 - Unanimously
C.) Requesting approval of Work Authorization No. 1 with R. Gutierrez Engineering Corporation in the amount of $22,611.00 for Professional Engineering Services field assessment and repair recommendations to burnt area on the Aluminum Structural Plate Arch at the Mission Inlet Crossing on McColl Road".
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: 5 - 0 - Unanimously
8.
AI -44065
A. Maintenance & Operations:
Request Approval of Application for Payment No. 2 in the amount of $35,424.00 from Texas Cordia Construction, LLC. related to Contract No. HCDD1-13-014-11-26 Alamo Expressway Drain/Border Crossings Improvements.
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: 5 - 0 - Unanimously
B. 2013 Bond Series-Payments:
1.-Request Approval of Application of Payment No. 1 in the amount of $89,677.62 from Rojas Construction & Paving, LLC related to Contract No. HCDD1-14-001-01-21 Pct.2 Rural Drainage Development -Northside Village/Hidden Valley Subd Area Drainage Improvements from Agreement for Professional Engineering Services for the 2012 Bond Referendum Rural Drainage Development Program Pct. 2.
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: 5 - 0 - Unanimously
Commissioner Joseph Palacios stepped away from the meeting.
2.-Request Approval of Application of Payment No. 2 in the amount of $317,090.53 from Rojas Construction & Paving, LLC related to Contract No. HCDD1-14-001-01-21 Pct.2 Rural Drainage Development -Northside Village/Hidden Valley Subd Area Drainage Improvements from Agreement for Professional Engineering Services for the 2012 Bond Referendum Rural Drainage Development Program Pct. 2, with authority for District to issue check after review, audit and processing procedures are complete.
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
3.-Request Approval of Estimate No. 3 in the amount of $689,373.75 from IPR South Central, LLC related to Contract No. TP07-13 through District's membership with HGAC-Buy Member No. 07-149 approved by Board on 11-12-2013 for the Construction of the Rado Drain ReRoute Rehabilitation Project from Agreement.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Request Approval of Application for Payment No. 2 in the amount of $35,424.00 from Texas Cordia Construction, LLC. related to Contract No. HCDD1-13-014-11-26 Alamo Expressway Drain/Border Crossings Improvements.
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: 5 - 0 - Unanimously
B. 2013 Bond Series-Payments:
1.-Request Approval of Application of Payment No. 1 in the amount of $89,677.62 from Rojas Construction & Paving, LLC related to Contract No. HCDD1-14-001-01-21 Pct.2 Rural Drainage Development -Northside Village/Hidden Valley Subd Area Drainage Improvements from Agreement for Professional Engineering Services for the 2012 Bond Referendum Rural Drainage Development Program Pct. 2.
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: 5 - 0 - Unanimously
Commissioner Joseph Palacios stepped away from the meeting.
2.-Request Approval of Application of Payment No. 2 in the amount of $317,090.53 from Rojas Construction & Paving, LLC related to Contract No. HCDD1-14-001-01-21 Pct.2 Rural Drainage Development -Northside Village/Hidden Valley Subd Area Drainage Improvements from Agreement for Professional Engineering Services for the 2012 Bond Referendum Rural Drainage Development Program Pct. 2, with authority for District to issue check after review, audit and processing procedures are complete.
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
3.-Request Approval of Estimate No. 3 in the amount of $689,373.75 from IPR South Central, LLC related to Contract No. TP07-13 through District's membership with HGAC-Buy Member No. 07-149 approved by Board on 11-12-2013 for the Construction of the Rado Drain ReRoute Rehabilitation Project from Agreement.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
9.
AI -44073
A. Request Budget amendment from the District General Fund in the amount of $50,000 for the the payment of judgements and damages associated to the claim of Dannenbaum Engineering Company L.LC.
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
B. Request approval of payment and the issuance of a manual check in the amount of $ 50,000 to Dannenbaum Engineering Company L.L.C. for the settlement agreement associated with Corporate Sponsorship approved by the Board of Directors on 2/17/12.
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
2008 Bond Series:
C. Request approval of a budget amendment from the Un-reserve Fund Balance of the 2008 Bond Series in the amount of $653,000. This amendment is needed for the payment of Engineering Cost to Dannenbuam Engineering related to the (Work Authorizations 1 through 14) Levee only and DHS wall segments projects and is for the final settlement agreement and general release. Agreement was approved by the Board of Directors on April 8, 2014.
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
D. Request approval of Payment and the issuance of a manual check in the amount $1,071,822.76 for the above mentioned settlement agreement associated with the Final Completion of the Levee only and DHS levee wall segments.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
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
B. Request approval of payment and the issuance of a manual check in the amount of $ 50,000 to Dannenbaum Engineering Company L.L.C. for the settlement agreement associated with Corporate Sponsorship approved by the Board of Directors on 2/17/12.
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
2008 Bond Series:
C. Request approval of a budget amendment from the Un-reserve Fund Balance of the 2008 Bond Series in the amount of $653,000. This amendment is needed for the payment of Engineering Cost to Dannenbuam Engineering related to the (Work Authorizations 1 through 14) Levee only and DHS wall segments projects and is for the final settlement agreement and general release. Agreement was approved by the Board of Directors on April 8, 2014.
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
D. Request approval of Payment and the issuance of a manual check in the amount $1,071,822.76 for the above mentioned settlement agreement associated with the Final Completion of the Levee only and DHS levee wall segments.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
10.
AI -44072
2013 Bond Series:
Approval of Supplemental Agreement No. 2 to Agreement for Professional Services Services for the Pct.1-2012 Bond Referendum Improvement Projects.
Approval of Supplemental Agreement No. 2 to Agreement for Professional Services Services for the Pct.1-2012 Bond Referendum Improvement Projects.
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
11.
AI -44078
A. Authority to publish a Request for Qualifications pursuant to Texas Water Code, Chapter 49, Section .057(d), for the engagement of an attorney for the review of the agreement between Hidalgo County Drainage District #1 and Integ Corporation with said engagement to follow the procedures provided in Subchapter A, Chapter 2254, Government Code (Professional Services Procurement Act);
At this time, Commissioner Joseph Palacios joined the meeting.
Assistant District Attorneys, Victor Garza and Josephine Ramirez, stated that due the issues they are currently dealing with in regards to the elections, they have not had an opportunity to review the contract in depth. In addition, they stated that there is a conflict in which does not allow them to continue the review of the contract; thus, the item was placed for the Board to consider hiring an outside firm. The Board decided to continue the discussion during Executive Session.
The Item was voted on during Open Session.
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: 5 - 0 - Unanimously
B. Approval of scope of services to include, but not limited to, conduct an investigation into the issues of payment of $3,735,000.00 to Integ Corporation for construction management of Hidalgo County Drainage District #1 Master Drainage Plan Phase II projects and upon completion, prepare and provide a report to the Hidalgo County Drainage District #1 Board of Directors with RFQ packet to be drafted and presented to Board for approval when completed with the following:
1. Attorneys licensed in the State of Texas
2. 20+yrs. of experience with extensive knowledge in contract law/litigation
3. Term of engagement
4. Research, review and report to Board of Directors due within 30 days after engagement and receipt of purchase order
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT.4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
At this time, Commissioner Joseph Palacios joined the meeting.
Assistant District Attorneys, Victor Garza and Josephine Ramirez, stated that due the issues they are currently dealing with in regards to the elections, they have not had an opportunity to review the contract in depth. In addition, they stated that there is a conflict in which does not allow them to continue the review of the contract; thus, the item was placed for the Board to consider hiring an outside firm. The Board decided to continue the discussion during Executive Session.
The Item was voted on during Open Session.
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: 5 - 0 - Unanimously
B. Approval of scope of services to include, but not limited to, conduct an investigation into the issues of payment of $3,735,000.00 to Integ Corporation for construction management of Hidalgo County Drainage District #1 Master Drainage Plan Phase II projects and upon completion, prepare and provide a report to the Hidalgo County Drainage District #1 Board of Directors with RFQ packet to be drafted and presented to Board for approval when completed with the following:
1. Attorneys licensed in the State of Texas
2. 20+yrs. of experience with extensive knowledge in contract law/litigation
3. Term of engagement
4. Research, review and report to Board of Directors due within 30 days after engagement and receipt of purchase order
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT.4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
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. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
A.
Real Estate Acquisition
B.
Pending and/or Potential Litigation
NO ACTION taken on Items 12.A & 12.B.
NO ACTION taken on Items 12.A & 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
NO ACTION taken on this Item.
NO ACTION taken on this Item.
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
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.
16.
Adjourn
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: 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 April, 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 April , 2013.
Signed this 15th day of April 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 15th day of April, 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 April , 2013.
Signed this 15th day of April 2014
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy