BE IT REMEMBERED, that on this 20th day of January A.D., 2015, 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 EDUARDO "EDDIE" CANTU 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 January 20, 2015 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:
All members of the Board were counted present.
Virginia Townsend expressed her concern over the conflict with the Board and the Drainage District Director. She feels decisions need to be made without hesitation.
The Board moved to approve the Consent Agenda.
Mr. Godfrey Garza requested the Item be discussed during Closed Session.
The Board proceeded to Item 12.
Mr. Garza read out the parcels and their appraised value to be included in the acquisition and are as follows: Parcels 33, 35,37, and 38 have a appraised value of $516,414.00 and Parcels 29 and 31 have an appraised value of $242,198.00. He stated they reached an agreement on Parcels 29 and 31 in the amount of $2,501.00 and for Parcels 33, 35, 37, and 38 in the amount of $4,807.00 for a total cost of $7,208.00.
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 of the real estate acquisition as follows: Parcels 29 and 31 in the amount of $2,501.00 and for Parcels 33, 35, 37, and 38 in the amount of $4,807.00 for a total cost of $7,208.00.
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 of the Purchase Agreement and Escrow instructions with Paramount Citrus II, LLC in relation to the real estate acquisition mentioned above.
Vote: 5 - 0 - Unanimously
The Board proceeded to Item 12.
On motion by COMMISSIONER PCT. 2, EDUARDO 'EDDIE' CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., 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. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Mr. Crain, Legal Counsel, wanted to clarify that the Board was not approving an agreement, they were approving to enter into negotiations.
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
1.) ACT Pipe & Supply
2.) CAPA - Rio Valley Pipe
3.) H.D. Supply Waterworks
4.) Aquaworks Pipe & Supply
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
B.) Requesting approval of Supplemental Agreement No. 6 to Work Authorization No. 9 with TEDSI Infrastructure Group in the amount of $3,500.00 as it relates to Survey Services for Edinburg WWTP Effluent Line Discharge to HCDD No. 1 Lateral Ditch J-02 Monte Cristo Outfall.
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 to advertise for RFQ No. HCDD1-15-001-02-18 "Professional Engineering Services - Pool"
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
D.) Requesting approval of Work Authorization No. 3 in the amount of $15,848.25 with Dannenbaum Engineering Company-McAllen, LLC as it relates to Preliminary Plan and Profile Schematic alternatives for Hidalgo County Irrigation District No.1 Edinburg /Penitas Pump and Levee Rehabilitation.
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
2013 BOND SERIES
E.) Requesting approval of Change Order No. 1 in the amount of $19,180.00 to Construction Contract No. HCDD1-14-004-02-11 with Texas Cordia Construction, LLC as it relates to "Pct. 4 - Edinburg Drain Stub-Out to the South Main Drain Control Structure 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
F.) Requesting approval of Change Order No. 2 to Construction Contract No. HCDD1-13-022-04-29B with Rojas Construction & Paving to add additional working days as it relates to "Pct. 2 FM495 Drain - Wisconsin Road Crossing" no amount associated with this Change Order.
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
G.) Requesting approval to advertise for RFB No. HCDD1-15-002-02-25 Hidalgo County Drainage District No.1 -"Slope Repair of North Main Drain Weir No. 3 and South Main Drain Weir No. 5.
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 to reappoint Virginia Townsend and newly appoint Roy Garcia, Martin Cepeda, Javier Cervantes, and Yvette Ibarra.
Vote: 5 - 0 - Unanimously
Judge Garcia informed the Board of three options in which the matter can be directed. The first was to continue corresponding in writing to between himself and Mr. Godfrey Garza. Option two would be to convene a hearing as authorized by Article 9 of the contract between the District and Integ to determine whether there is a conflict of interest issue. Option three would be to seek counsel with Mike Lee, whom is currently working on related issues. Judge Garcia recommended Option 3 so that attorney, Mike Lee, can gather statements and evidence pertinent to the issue and return to the Board with his findings.
Ms. Marty Salazar informed the Board that there is an Item on the agenda regarding the services of Mike Lee. She explained that Mr. Lee wants a sixty day extension yet, it is not clear when the contract expires. The issue is whether the contract is under calender days or business days. The Board suggested to talk to the D.A.'s office to see whether they would be willing to evaluate the conflict of interest matter.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval of the amendment and extension of contract with the Lee Law Firm to include the conflict of interest issues that may have occurred in awarding of contracts on HCDD#1 projects from 2007 - 2014.
Vote: 5 - 0 -Unanimously
The Board proceeded to Item 12.C.
Commissioner Cantu was concerned over the stringent requirements which could possibly limit the amount of applicants down to one qualified person. He recommended the word required by changed to preferred. He also felt the years of experience should also be reduced to 10 - 15 years. The Board questioned whether the Manager had to be an engineer and with no indication in the statute, it was decided that the job description would not require a licensed engineer; it would also be a preferred qualification.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval to make all qualifications preferred, including the engineer qualification, and a reduced 10 - 15 years experience.
Vote: 5 - 0 -Unanimously
The Board recessed to the Commissioners' Court meeting.
B. Discussion and approval of salary for General Manager position.
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 to set the salary at $190,000.
Vote: 5 - 0 - Unanimously
C. Authorization to create General Manager position with appropriate slot number.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
D. Approval to authorize Financial Officer to identify and allocate appropriate funding.
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
E. Approval to revise salary schedule.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Ms. Chapa stated they would revise the job description and bring the Item back to the next meeting.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval to amend and extend the current contract expiring February 20, 2015 for an additional 60 business days.
Vote: 5 - 0 -Unanimously
The Board proceeded to Item 10.
B. Discussion and action by HCDD#1-BOD to determine and agree on what basis current letter of engagement was awarded: "calendar days" [historic & customary by HC & HCDD#1] VS The Law Firm position of "business days" including the factoring-in and calculation of "holidays" as defined by BOD and/or any combination thereof;
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval to confirm the letter of engagement was awarded upon business days; thus making the current agreement expire on February 20, 2015.
Vote: 5 - 0 - Unanimously
The Board returned to Item 12.A.
C. Discussion and action if necessary by BOD as to professional liability limits provided by the Lee Law Firm as less than amount required by RFQ packet as approved by HCDD#1 with acceptance of "declaration page" as confirming document;
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval of the liability limits to remain at $500,000.
Vote: 5 - 0 -Unanimously
The Board proceeded to Adjourn.
At this time, Judge Garcia stepped away from the meeting.
A. Application for Payment No. 1 in the amount of $161,405.00 from Foremost Paving, Inc. related to Construction Contract no. HCDD1-14-025-09-09-Mission Inlet Arch Culvert-Aluminum Liner Plate Reline. PO#625593. Project Engineer: R. Gutierrez Engineering Corp.
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
B. Application for Retainage Release in the amount of $8,495.00 from Foremost Paving, Inc. related to Construction Contract no. HCDD1-14-025-09-09-Mission Inlet Arch Culver-Aluminum Liner Plate Reline. PO#625593. Project Engineer: R. Gutierrez Engineering Corp.
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
C. Application for Payment No. 1 in the amount of $150,255.80 from Rojas Construction & Paving related to Construction Contract No. HCDD1-13-021-04-29B. PO#625108-14. Project Engineer: R. Gutierrez Engineering Corp.
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
On motion by COMMISSIONER PCT. 2, EDUARDO 'EDDIE' CANTU, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Request for Payment no. 1 in the amount of $90,000.00 from Texas Cordia Construction related to Construction Contract No. HCDD1-14-008-07-08 Pct.2 Alamo Expressway Drain. PO#625452.
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
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: 4 - 0 - Unanimously
NO ACTION taken on Items 16.A and 16.B.
Refer to Item 4.
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.
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
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
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 20TH day of JANUARY, 2015
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 JANUARY 20, 2015.
Signed this 20TH day of JANUARY 2015
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy
