SPECIAL MEETING - December 16, 2014
BE IT REMEMBERED, that on this 16th 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 16, 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 Joe Flores, but joined the meeting shortly after commencement.
All members of the Board were counted present for the exception of Commissioner Joe Flores, but joined the meeting shortly after commencement.
2.
Open Forum
Godfrey Garza gave an update on a couple of developments. The Acosta Subdivision, west of Edinburg, is having water issues; water is being pumped out of the area and samples have been acquired. Sharyland Water Supply stated there had been a leak in the area and have since repaired it. He stated it appeared to have been an old dump site, but they will continue researching the area. He also briefed the Board in regards to FEMA’s direction on the Penitas Pump House. The engineers will be preparing a cost estimate and will bring it back to the Board.
Godfrey Garza gave an update on a couple of developments. The Acosta Subdivision, west of Edinburg, is having water issues; water is being pumped out of the area and samples have been acquired. Sharyland Water Supply stated there had been a leak in the area and have since repaired it. He stated it appeared to have been an old dump site, but they will continue researching the area. He also briefed the Board in regards to FEMA’s direction on the Penitas Pump House. The engineers will be preparing a cost estimate and will bring it back to the Board.
3.
Approval of Consent Agenda
The Board moved to approve the Consent Agenda.
The Board moved to approve the Consent Agenda.
4.
AI -47731
Approval of Interlocal Agreement between Hidalgo County Drainage District No. 1 and County of Hidalgo (LJ Drainage Project - 13 tracts - Project limits: From Cesar Chavez Rd. to Alamo Lateral Drain)
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
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:
5.
AI -47733
A.) Requesting approval of final negotiated Agreement for Professional Engineering Services with R. Gutierrez Engineering Corporation as it relates to Pct. 2- "Las Milpas Road Crossing South Floodwater Channel East of FM 907 (Alamo Road)". Approved for negotiations by HCDD1 Board of Directors on November 18, 2014.
On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, 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 with R. Gutierrez Engineering Corporation in the amount of $16,416.00 as it relates to Engineering Services for Pct. 2 -" Las Milpas Road Crossing South Floodwater Channel East of FM 907 (Alamo Road)".
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 of Work Authorization No. 2 with R. Gutierrez Engineering Corporation in the amount of $2,592.00 as it relates to Surveying Services for Pct. 2 - "Las Milpas Road Crossing South Floodwater Channel East of FM 907 (Alamo Road)".
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
D.) Approval of subconsultant(s) of TEDSI Infrastructure Group for Phase II of the Master Drainage System for the design and expansion of the lateral drain outfall systems for Precinct No. 1 and Precinct No. 4 in accordance with that certain Agreement by and between Hidalgo County Drainage District No.1 and TEDSI Infrastructure Group dated the 23rd day of March, 2004.
Mr. Garza listed the subconsultants that TEDSI Infrastructure Group will use for Phase II of the Master Drainage System. They are as follows: L & G Engineering Laboratories, RGV Right of Way Services, LLC, Civil Systems Engineering, Inc., Quintanilla, Headley and Associates, Inc., Dos Logistics, and Valley Right of Way Consulting Services, LLC.
Commissioner Joe Flores joined the meeting.
Mr. Garza explained that under the current contract the prime contractor must advise the Board of the subconsultants they will hire on a project. Judge Garcia asked him if this procedure had been done before and Mr. Garza answered by stating that it has been done in different ways, sometimes in a form of a supplemental agreement, work authorization, or what is being done today. Judge Garcia was informed that Mr. Garza’s family possibly had an interest in Valley Data Systems Services had that they done over a million dollars of work for the Drainage District as a subconsultant in 2007. Judge Garcia reminded Mr. Garza that his contract requires him to advise the Board of any company he may have potential conflict of interest and asked him if he’d ever notified the Board. Mr. Garza stated that if there were conflict of interest, he will review it with the Board. He also stated that the Board may request the prime contractor to provide them with the information regarding the subconsultant, Valley Data Systems, in regards to work done for the District.
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
2013 BOND SERIES
E.) Approval of subconsultant(s) of TEDSI Infrastructure Group for Precinct 1 2012 Bond Referendum Improvement Projects in accordance with that certain Agreement by and between Hidalgo County Drainage District No.1 and TEDSI Infrastructure Group dated the 9th day of April, 2013.
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
F.) Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 4A with TEDSI Infrastructure Group in the amount of $5,125.98 as it relates to Material Testing for Monte Cristo Drain Control Structure. Pct.1 - 2012 Bond Referendum Improvement Projects.
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 Supplemental Agreement No. 2 to Work Authorization No. 4B with TEDSI Infrastructure Group in the amount of $6,394.50 as it relates to Material Testing for Weslaco North Lateral Control Structure. Pct. 1 - 2012 Bond Referendum Improvement Projects.
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
H.) Requesting approval of Work Authorization No. 17 with TEDSI Infrastructure Group in the amount of $24,507.85 as it relates to Material Testing and Construction Management required for Pct. 1 Spanish Palms Outfall Improvements. Pct. 1 - 2012 Bond Referendum Improvement Projects.
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
I.) Requesting approval of Supplemental Agreement No. 3 with L&G Engineering to Agreement for Professional Services Pct. 3 - "La Joya Watershed Improvement Project" amendment of Project Team.
Mr. Garza noted a correction to the Agreement Number; it should read Supplemental Agreement No. 2.
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 with correction.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, 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 with R. Gutierrez Engineering Corporation in the amount of $16,416.00 as it relates to Engineering Services for Pct. 2 -" Las Milpas Road Crossing South Floodwater Channel East of FM 907 (Alamo Road)".
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 of Work Authorization No. 2 with R. Gutierrez Engineering Corporation in the amount of $2,592.00 as it relates to Surveying Services for Pct. 2 - "Las Milpas Road Crossing South Floodwater Channel East of FM 907 (Alamo Road)".
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
D.) Approval of subconsultant(s) of TEDSI Infrastructure Group for Phase II of the Master Drainage System for the design and expansion of the lateral drain outfall systems for Precinct No. 1 and Precinct No. 4 in accordance with that certain Agreement by and between Hidalgo County Drainage District No.1 and TEDSI Infrastructure Group dated the 23rd day of March, 2004.
Mr. Garza listed the subconsultants that TEDSI Infrastructure Group will use for Phase II of the Master Drainage System. They are as follows: L & G Engineering Laboratories, RGV Right of Way Services, LLC, Civil Systems Engineering, Inc., Quintanilla, Headley and Associates, Inc., Dos Logistics, and Valley Right of Way Consulting Services, LLC.
Commissioner Joe Flores joined the meeting.
Mr. Garza explained that under the current contract the prime contractor must advise the Board of the subconsultants they will hire on a project. Judge Garcia asked him if this procedure had been done before and Mr. Garza answered by stating that it has been done in different ways, sometimes in a form of a supplemental agreement, work authorization, or what is being done today. Judge Garcia was informed that Mr. Garza’s family possibly had an interest in Valley Data Systems Services had that they done over a million dollars of work for the Drainage District as a subconsultant in 2007. Judge Garcia reminded Mr. Garza that his contract requires him to advise the Board of any company he may have potential conflict of interest and asked him if he’d ever notified the Board. Mr. Garza stated that if there were conflict of interest, he will review it with the Board. He also stated that the Board may request the prime contractor to provide them with the information regarding the subconsultant, Valley Data Systems, in regards to work done for the District.
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
2013 BOND SERIES
E.) Approval of subconsultant(s) of TEDSI Infrastructure Group for Precinct 1 2012 Bond Referendum Improvement Projects in accordance with that certain Agreement by and between Hidalgo County Drainage District No.1 and TEDSI Infrastructure Group dated the 9th day of April, 2013.
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
F.) Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 4A with TEDSI Infrastructure Group in the amount of $5,125.98 as it relates to Material Testing for Monte Cristo Drain Control Structure. Pct.1 - 2012 Bond Referendum Improvement Projects.
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 Supplemental Agreement No. 2 to Work Authorization No. 4B with TEDSI Infrastructure Group in the amount of $6,394.50 as it relates to Material Testing for Weslaco North Lateral Control Structure. Pct. 1 - 2012 Bond Referendum Improvement Projects.
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
H.) Requesting approval of Work Authorization No. 17 with TEDSI Infrastructure Group in the amount of $24,507.85 as it relates to Material Testing and Construction Management required for Pct. 1 Spanish Palms Outfall Improvements. Pct. 1 - 2012 Bond Referendum Improvement Projects.
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
I.) Requesting approval of Supplemental Agreement No. 3 with L&G Engineering to Agreement for Professional Services Pct. 3 - "La Joya Watershed Improvement Project" amendment of Project Team.
Mr. Garza noted a correction to the Agreement Number; it should read Supplemental Agreement No. 2.
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 with correction.
Vote: 5 - 0 – Unanimously
Attachments:
6.
AI -47761
Requesting approval of Work Authorization No. 15 in the amount of $229,500.00 to Agreement for Professional Services Phase II of the Master Drainage System for the design and expansion of the lateral drain outfall systems for Precinct No. 1 and Precinct No. 4 with TEDSI Infrastructure Group as it relates to FEMA Mapping Activity Statement No. 3 for Approximately 25.5 Miles of HCDD1 Master Drainage System.
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. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
7.
AI -47775
2013 Bond Payments:
Request to issue manual payment once review and audit procedures are complete on the following items:
A. Request for Payment No. 1-RDH Site & Concrete, LLC in the amount of $220,448.45 related to Construction Contract No. HCDD1-14-010-05-06 Pct.2 Rural Drainage Development -Seminole Valley Subdivision Area. PO# 625110.
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. Request for Payment No. 4-Texas Cordia Construction, LLC in the amount of $9,117.00 related to Construction Contract No. HCDD1-14-004-02-11 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
C. Request for Payment Final Payment from GP7 Construction, Inc in the amount of $8,857.63 related to Construction Contract No. HCDD1-13-021-04-29A- Pct.2 Rural Drainage Development FM 495 Drain Trenton Road Field Crossing. PO#624901.
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
Request to issue manual payment once review and audit procedures are complete on the following items:
A. Request for Payment No. 1-RDH Site & Concrete, LLC in the amount of $220,448.45 related to Construction Contract No. HCDD1-14-010-05-06 Pct.2 Rural Drainage Development -Seminole Valley Subdivision Area. PO# 625110.
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. Request for Payment No. 4-Texas Cordia Construction, LLC in the amount of $9,117.00 related to Construction Contract No. HCDD1-14-004-02-11 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
C. Request for Payment Final Payment from GP7 Construction, Inc in the amount of $8,857.63 related to Construction Contract No. HCDD1-13-021-04-29A- Pct.2 Rural Drainage Development FM 495 Drain Trenton Road Field Crossing. PO#624901.
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
Attachments:
8.
AI -47825
A. Requests approval for budget amendment from District's General Fund in the amount of $200,000.00 to fund Pct.2 Las Milpas Road Crossing South Floodwater Channel East of FM 907 (Alamo Road) Project.
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
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. Request approval for budget amendment from District's General Fund in the amount of $229,500.00 to fund WA#15-Fema Mapping Activity Statement No. 3 for approximately 25.5 Miles from Agreement for Professional Engineering Services MDS Ph.2-Laterals Pct. 1&4. BOD 03-23-2004.
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.
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
9.
AI -47838
A. Discussion and approval of the job description for the position of Assistant General Manager.
B. Discussion and approval of salary for Assistant General Manager position
C. Authorization to create Assistant General Manager position with appropriate slot number.
D. Approval to authorize Financial Officer to identify and allocate appropriate funding
E. Approval to revise salary schedule
NO ACTION on Items A - E.
B. Discussion and approval of salary for Assistant General Manager position
C. Authorization to create Assistant General Manager position with appropriate slot number.
D. Approval to authorize Financial Officer to identify and allocate appropriate funding
E. Approval to revise salary schedule
NO ACTION on Items A - E.
10.
AI -47808
Presentation of 2014 Drainage District Tax Roll
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
Attachments:
11.
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:
NO ACTION taken on this Item.
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:
NO ACTION taken on this Item.
A.
Real Estate Acquisition
B.
Pending and/or Potential Litigation
C.
AI -47726
Reassignment of duties of Financial Officer, Accountant and/or Contracts Manager/Accounts Payable Clerk
NO ACTION taken on Items 11.A - 11.C.
NO ACTION taken on Items 11.A - 11.C.
12.
Open Session:
A.
Real Estate Acquisition
B.
Pending and/or Potential Litigation
C.
AI -47727
Reassignment of duties of Financial Officer, Accountant and/or Contracts Manager/Accounts Payable Clerk
NO ACTION taken on Items 12.A - 12.C.
NO ACTION taken on Items 12.A - 12.C.
13.
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.
14.
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.
15.
Adjourn
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
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 16th 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 16, 2014.
Signed this 16th 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
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 16th 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 16, 2014.
Signed this 16th 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