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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - January 20, 2015

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:

 
1.
 
Roll Call

All members of the Board were counted present.
 
2.
 
Open Forum

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.
 
3.
 
Approval of Consent Agenda

The Board moved to approve the Consent Agenda.
 
4.
AI -48005
Approval of Purchase Agreement And Escrow Instructions  with Paramount Citrus II LLC in relation to Hidalgo County Drainage District No. One Drainage Facility. (J-09 drainage project)

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.
 
5.
AI -48086
Discussion and acceptance to request Title Reports along Pharr-McAllen Drain and PSJA South Drain, to establish ownership.  
 

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

 
6.
AI -48098
Discussion and approval of Interlocal Cooperation Agreement among the City of Alton, Hidalgo County and Hidalgo County Drainage District No. 1 in relation to widening of drainage ditch located on 5 Mile west of Conway. 
 

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

 
7.
AI -48104
Discussion and authorization to enter into an Agreement between Hidalgo County Drainage District No. 1 and Hidalgo County/Urban County for assistance in the development of Penitas Drain GLO project.   

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

 
8.
AI -48102
A.) Requesting approval to accept bids received and execute Agreement with multiple vendors meeting all specified requirements for RFB No. HCDD1-14-033-12-18 "PIPES-Reinforced Concrete Pipe Tongue & Groove, Reinforced Concrete Pipe Rubber Gasket, Polyethylene & HP Storm Polypropylene Pipe".

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
 
9.
AI -48136
Approval to review and update existing Drainage Committee.  
 

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

 
10.
AI -48184
Discussion, consideration, and possible action regarding conflict of interest issues that may have occurred in awarding of contracts on HCDD#1 projects between 2007 - 2014.

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.
 
11.
AI -48174
A. Discussion and approval of the job description for the position of General Manager.

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. 
 
12.
AI -48154
A.  Written formal request by the Lee Law Firm to amend & extend the current letter of engagement [HCDD#1-BOD-apprv. 09-30-14 with commencement date of 10-13-14 as per Lee Law Firm & approved by BOD with a term of no less than 30 and not more than 90 days] for an additional 60 business days as detailed in the supporting documentation;

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.
 
13.
AI -48166
Request approval to issue manual payment after review and audit procedures are complete on the following items:

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
 
14.
AI -48159
Discussion and approval to acquire all right of way in fee simple along Pharr/McAllen South Drain and PSJA South Drain for needed maintenance operation. 
 
 

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

 
15.
AI -48180
Request approval to issue manual payment once review and audit procedures are complete on the following item:
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

 
16.
 
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:
 

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

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or Potential Litigation

NO ACTION taken on Items 16.A and 16.B.
 
17.
 
Open Session:
 
A.
 
Real Estate Acquisition

Refer to Item 4.
 
B.
 
Pending and/or Potential Litigation

NO ACTION taken on this Item.
 
18.
 
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
19.
 
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
20.
 
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 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