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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - December 2, 2014

BE IT REMEMBERED, that on this 2nd day of December 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
December 2, 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.
 
2.
 
Open Forum

No Open Forum discussions.
 
3.
 
Approval of Consent Agenda

The Board moved to approve the Consent Agenda.
 
4.
AI -47481
A.  Approval of 2015 proposed Holidays. 

Mr. Godfrey Garza informed the Board that the Holiday schedule will be the same as the County adopted. 

     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

B.  Approval of Retiree medical plan premiums. 

Mr. Garza stated that the Retiree medical plan and premiums will be the same as the County adopted.

     On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

     Vote: 4 - 0 -Unanimously
 
5.
AI -47530
Pursuant to Board of Directors action on meeting date of September 23, 2014 of amendment to Interlocal Agreement between Hidalgo County and Drainage District No. 1 to include the procurement process by Hidalgo County of the Request for Proposals with Qualifications (RFP/Q NO: 2014-333-10-15-VYG)-Delinquent Tax Collection Services; discussion, consideration and approval (if applicable) of the following items as follow:

a)  Acceptance and approval of the negotiated contract with the number one ranked firm "Linebarger Goggan Blair & Sampson" including the firm's Best and Final Offer (BAFO) for the Delinquent Tax Collection Services;

Judge Garcia wanted to know the progress on the contract with the software company, ACT. Mr. Guerra informed Judge Garcia that the contract is a separate issue from the current contract at hand and that it will be negotiated once the contract term ends in May 2015.  Mr. Sergio Cruz informed the Court that the contract with ACT has nothing to do with the Drainage District, it is exclusively for County use and purposes; therefore, the contract with ACT cannot be tied with the contract being negotiated with the Drainage District. Ms. Lucy Canales, representing Linebarger, clarified that in October 1st, ACT sent a letter to the County stipulating terms and conditions and that the contract itself allows for an amendment.  She stated that ACT is prepared to lower the fee of the software, and they have prepared a letter to begin negotiations. She also stated that the intention is to make the software contract effective when the Delinquent Tax Contract commences on January 1, 2015.  Mr. Guerra stated he had not received anything from ACT; therefore, once he receives the letter they can begin negotiating this month.

   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 of Item a.

     Vote: 4 - 0 - Unanimously

b)  Selection by Board of Directors on contract term to be for a two (2) year term with the renewal option for an additional one (1) year OR an additional one(1)-two(2) year term and/or three (3) year term with one year renewal with same rates, terms and conditions.

     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 of the contract term to be a three (3) year term with one year renewal with same rates, terms, and conditions.

     Vote: 4 - 0 – Unanimously
 
6.
AI -47584
Discussion and direction as it pertains to Retention Schedule of records common to all Local Government and disposition of past and existing District documents

Judge Garcia had a concern over the shredding/destruction of certain records, in particular 15 boxes shredded on October 2013 and 93 boxes on April 2014.  His concern was based on the fact that it was not brought to the attention of the Board, wanted to know why the records were shredded and mentioned that records had not been shred in the past 12 - 15 years. He explained that Mr. Ramirez, Bond Counsel, stated accounting records relating to the Bond Issuances are required to be kept until 2025 or 2027 and have possibly been destroyed. Mr. Garza stated he does not give orders or direction to shred any records and as long as the retention schedule is being followed and informed the Board that there are ways to retrieve those particular documents by either obtaining copies from the bond counsel, the financial advisor, and from the arbitrage company that keeps the IRS records for the district. Ms. Sylvia Sanchez stated that she was the one who made the decision to shred by reviewing the forms obtained at the County Clerk's office and stated she followed the statute accordingly and was in compliance. Mr. Garza stated that there are still approximately 10 -12 boxes that have yet to be reviewed and it is possible that the records Ms. Briones in search of could be there.  

At this time, Commissioner Joe Flores joined the meeting.

Judge Garcia reminded Mr. Garza that the Board made a decision in March 2014 to transfer all the District's financial affairs to Lora Briones who was to report directly to the Board of Directors; in effect, removing the authority of Mr. Garza and/or Ms. Sanchez.  Yet, in April 2014, 93 boxes of records were shred after they no longer had the responsibility to do so. Mr. Garza stated that he would not have a problem drafting a policy to correct this issue for the future. Judge Garcia felt a policy to have procedure in place that would bring the issue to the Board for their authorization before any records are destroyed.

Ms. Annette Muniz, Chief Deputy County Clerk's office, explained the procedures that the Clerk's office have in place and pointed out that in 2007 Mr. Arturo Guajardo was appointed the Official Records Manager for the County for all the departments whom do not have an elected official. Mr. Garza then suggested the interlocal agreement be modified to have Mr. Guajardo serve as the District's Records Manager. Mr. Guerra stated they would review the issue. 

The Board proceeded to Item 8.
 
7.
AI -47494
Authority for County Judge to sign letter dated November 14, 2014 acknowledging receipt of Disclosures by Underwriter/Senior Managing Underwriter Pursuant to MSRB Rule G-17, Hidalgo County Drainage District No. 1 Unlimited Tax Refunding Bonds, Series 2014 (the "Bonds").
 

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

Attachments:
 
8.
AI -47579
Request approval of negotiated contract with the highest ranked underwriter for the Refunding of a portion of the District's 2007 Bond Series.

     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

The Board proceeded to Item 7.
 
9.
AI -47496
Requesting approval to pay invoice #10078804 as a claim to McCoys Building Supply in the amount of $ 167.42 on PO#624562. (Two purchase orders issued for concrete mix, vendor use one purchase order number for both orders.) 
 

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

 
10.
AI -47559
A.) Requesting approval to reject all bids received for RFB No. HCDD1-14-029-10-29 "Pueblo De Palmas Drainage Improvements".  

     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

B.) Requesting approval to re-advertise for RFB No. HCDD1-14-034-01-07 "Pueblo De Palmas 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: 5 - 0 - Unanimously

C.) Requesting approval of Supplemental Agreement No. 1 with TEDSI Infrastructure Group to Agreement for Professional Services Hidalgo County Drainage District No.1 Master Drainage System ("MDS"). Extension of Termination Date.  

    On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Board made a UNANIMOUS vote of approval.

     Vote: 5 - 0 -Unanimously

2013 BOND SERIES

D.) Requesting approval of Notice to Suspend Work as it relates to Construction Contract No. HCDD1-14-008-07-08; "Pct. 2 Alamo Expressway Drain" due to lead time to manufacture Slide Gate.  Resumption of Work Effective March 2, 2015.  

     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

E.) Requesting approval to accept bid and approval to award Construction Contract in the amount of $283,595.20 to lowest bidder (GO Underground LLC) meeting all required specifications for RFB No. HCDD1-14-031-11-13 "Pct. 1- Rural Drainage Development - Spanish Palms Subdivision".

   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: 5 - 0 – Unanimously
 
F.) Requesting approval of Amendment No. One to License No.  LSF/G-1376 to USIBWC Permits as it relates to the South Mercedes Lateral Structure 164AL.

    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
 
G.) Requesting approval of Amendment No. Two to License No. LSF/G-780 to USIBWC Permits as it relates to the East Donna Drain Structure 96AL. 

   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

H.) Requesting approval of Amendment No. One to License No. LSF/G-1541 to USIBWC Permits as it relates to the Mercedes Lateral Structure 601CL.  

   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
 
11.
AI -47568
2013 Bonds:
Request approval to issue manual payment after review and audit procedures are complete on the following items:
Application for Payment No. 3 in the amount of $77,580.00 from Texas Cordia Construction, LLC pertaining to Construction Contract No. 14-004-02-11 Pct.4 Edinburg Drain Stub-Out to South Main Drain Control Structure.  PO#624505. 
 

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: 5 - 0 - Unanimously

 
12.
AI -47572
Approval to submit payment to Holt Cat in the amount of $70.20 on PO#625560 for overage on purchase.  
 

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: 5 - 0 - Unanimously

 
13.
AI -47607
A.  Discussion and consideration for the creation of the position of Assistant General Manager for Hidalgo County Drainage District No.1

Ms. Yolanda Chapa, Judge's Office, informed the Board of the intention to create a position to assist Mr. Godfrey Garza in order to have a smooth transition once Mr. Garza's contract expires. Mr. Garza stated he is at the disposal of the Board to decide on how they would like to address the issue. Commissioner Tito Palacios commented that the position should be discussed once the new Commissioner for Precinct 2 takes office. The Board agreed and Ms. Chapa stated she, the Chiefs of Staff, and Mr. Garza will meet to prepare a job description and bring the Item back. 

NO ACTION taken on this Item. 

B.  Discussion regarding the shredding of financial records which included necessary bond related documentation containing in audit records, journal ledgers and accounts payable documents by Integ Inc. and or district personnel
C.  Discussion and/or action regarding the development for future implemenation of a district wide record retention and shredding policy

Legal Counsel will review the matter.

NO ACTION taken on Items B and C. 

At this time, the Board recessed to begin the Commissioners' Court Meeting.
 
14.
 
Closed Session:
Board of Directors may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.074 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: 5 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or Potential Litigation
 
C.
AI -47585
Reassignment of duties of Financial Officer, Accountant and/or Contracts Manager/Accounts Payable Clerk

NO ACTION taken on Items 14.A - 14.C.
 
15.
 
Open Session:
 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or Potential Litigation

NO ACTION taken on Items 15.A and 15.B.
 
C.
AI -47586
Reassignment of duties of Financial Officer, Accountant and/or Contracts Manager/Accounts Payable Clerk

Proceed as directed.
 
16.
 
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
17.
 
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION take on this Item.
 
18.
 
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 2nd day of December, 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 December 2, 2014.

Signed this 2nd day of December 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy