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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - October 27, 2015

BE IT REMEMBERED, that on this 27th day of October 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
October 27, 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 in attendance.
 
2.
 
Prayer

Mr. Sesin led the courtroom in Prayer.
 
3.
 
Open Forum

Board Member Joseph Palacios stepped away from the meeting.

J.L. Ivey approached the court to speak about the drainage issues in precinct 1. He also questioned the reduction in size of the drainage pipes, manifesting that reducing the pipes has caused a bigger drainage problem. Mr. Ivey addressed the conversation he had with Commissioner Cuellar in regards to the flooding around precinct 1. He echoed his disagreement with the material being used for the roads and suggested that the material as well as the workers time is a all a waste of money since the same issues keep reoccurring. Mr. Ivey remarked his opposition with the construction of the new courthouse and proposed to instead concentrate on the drainage problems.
 
4.
 
Approval of Consent Agenda

T
he Board moved to approved the Consent Agenda.
 
5.
 
Discussion on Hidalgo County Drainage District No. 1 Drainage projects, maintenance and operations

Board Member Joseph Palacios joined the meeting.

Mr. Sesin spoke about the different issues he witnessed after this past week rain, he presented a power point to demonstrate the flooding around precinct 1 and other eastern areas. Mr. Sesin explained that he has seen a 24 hour rain consistency adding up to 11 inches in rain. He commented to member Eduardo Cantu about the flooding problems during Hurricane Dolly, mentioning that during this hurricane the county experienced about 10 to 11 inches of rain in separate areas. During the presentation he also showed imagines of mile 4 between 10 and 11, stating that they are working on the drainage flow. Moreover, Mr. Sesin mentioned that the East Lateral Project will eventually help with the eastern part of the county. Aside from this project the county is also working on other future projects that will help increase the positive flow. The presentation showed different pumps that had been dispatched by Commissioner Cuellar for different locations in precinct 1; including Las Brisas area which was affected the most. Mr. Sesin commented that the county together with the district are considering this area in specific, due to the consistent flooding. He also presented the problems around south of La Villa, explaining that the water is moving to the floodways. Another area that was mentioned was the Mercedes Lateral, where they are seeing a slow but positive flow.
Overall, Mr.Sesin explained that they are working and doing their best to aid the affected areas. He also made it clear that even with all these improvements they are still going to keep seeing flooding issues because some of the old and new drainage are not capable of supporting 10 inches of consistent rain. Board member Joseph Palacios commented on the improvements of the drainage systems and highlighted the collaboration of all precincts during this past event. Board member A.C. Cuellar thanked the Drainage District, Emergency Management, Mr. Ricardo Guerra and all the precincts that provided aid to his precinct.
 
6.
AI -51922
Requesting approval to accept and execute  final negotiated Professional Services Agreement from Raba Kistner Consultants, Inc. as it relates to Construction Material Testing Services for projects in Pct. 1.  Approved for negotiations by HCDD1 Board on August 18, 2015.   

On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
Attachments:
 
7.
AI -51924
Requesting approval to purchase the following from Verizon through the Districts membership with State of Texas Department of Information Resources DIR-SDD-1779. 
 
Equipment Description:  Equipment Cost:  Employee ID: New Plan Description: Rate Plan:
Mobile Broadband  0  088277 Unlimited Data  $37.99 per month
Mobile Broadband  0  018732 Unlimited Data   $37.99 per month
Samsung Galaxy Tablet plus Mobile Broadband   $179.99  103268 Unlimited Data $37.99 per month
Samsung Galaxy Tablet plus Mobile Broadband  $179.99  151350  Unlimited Data  $37.99 per month
Samsung Galaxy Tablet plus Mobile Broadband   $179.99  029882  Unlimited Data  $37.99 per month
Samsung Galaxy Tablet plus Mobile Broadband   $179.99  151725  Unlimited Data $37.99 per month
Samsung Galaxy Tablet plus Mobile Broadband   $179.99  151767  Unlimited Data $37.99 per month
Samsung Galaxy Tablet plus Mobile Broadband   $179.99  151662  Unlimited Data  $37.99 per month
Samsung Galaxy Tablet plus Mobile Broadband    $179.99  151500  Unlimited Data  $37.99 per month


On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
Attachments:
 
8.
AI -51971
2013 Bond Series:
A.  On the Delta Watershed Project, approval and ratification of the July 7, 2015 amendment to Water Use Permit Application No. 13195 pending before the Texas Commission on Environmental Quality (TCEQ) and approval to remit $4,024.88 to TCEQ for additional fees owed on the application.
B.  Request approval to issue a manuel check to TCEQ for $4,024.88

On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval on A and B. 

Vote: 5 - 0 - Unanimously
 
9.
AI -51930
A. Acceptance of Certificate of Substantial Completion from Rojas Heavy Equipment LLC D/B/A Rojas Construction & Paving for Construction Project HCDD1-14-011-04-29 Pct.4 North Seminary Drainage Improvements.  Project Engineer: Quintanilla, Headley and Associates, Inc. 

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

B. Acceptance of Certificate of Completion from Rojas Heavy Equipment LLC D/B/A Rojas Construction & Paving for Construction Project HCDD1-14-011-04-29 Pct.4 North Seminary Drainage Improvements.  Project Engineer: Quintanilla, Headley and Associates, Inc. 

On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

 Vote: 5 - 0 - Unanimously

C. Request approval to issue manual payment on the following items once audit procedures are complete:
Application for Payment No. 5-Final in the amount of $17,478.90 from Rojas Construction & Paving related to Construction Contract No. HCDD1-14-011-04-029.  PO#625109.  Project Engineer: Quintanilla, Headley and Associates, Inc. 

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
 
10.
AI -51931
A. Acceptance of Certificate of Substantial Completion from PEGA JPS Utilities, LLC for Construction Project HCDD1-15-007-05-19B Pct.1 Delta West Rural Development Drainage Improvement Project.  Project Engineer: Jose Noe Saldivar, P.E. -Hidalgo County Drainage District No. 1.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

B. Acceptance of Certificate of Completion from PEGA JPS Utilities, LLC for Construction Project HCDD1-15-007-05-19B Pct.1 Delta West Rural Development Drainage Improvement Project.  Project Engineer: Jose Noe Saldivar,  P.E.-Hidalgo County Drainage District No. 1.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Request approval to issue manual payment on the following items once audit procedures are complete:
C. Application for Payment No. 3-Final in the amount of $24,527.70 from PEGA JPS Utilities, LLC for Construction Contract No. HCDD1-15-007-05-19B Pct.1 Delta West Rural Development Drainage Improvement Project.  PO#627082.  Project Engineer: Jose Noe Saldivar, P.E. -Hidalgo County Drainage District No. 1

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

D. Application for Payment No. 4-Retainage Release in the amount of $20,790.80 from PEGA JPS Utilities, LLC for Construction Contract No. HCDD1-15-007-05-19B Pct.1 Delta West Rural Development Drainage Improvement Project. PO#627082.  Project Engineer: Jose Noe Saldivar, P.E. -Hidalgo County Drainage District No. 1.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
 
11.
AI -51933
Request approval to issue manual payment on the following items once audit procedures are complete:
A. Application for Payment No. 1 in the amount of $86,832.00 from Foremost Paving, Inc. related to Construction Contract No. HCDD1-14-032-02-17 Slope Repair of the Main Floodwater Channel Weir No. 5.  PO#626788.  Project Engineer: Entech Civil Engineers.

On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

 Vote: 5 - 0 - Unanimously
Attachments:
 
12.
AI -51938
A. Acceptance of Order No. 2-Notice To Resume Work from M-5 Texas Enterprises, LLC related to Construction Project No. HCDD1-14-028-10-28 Drain Control Structures-Monte Cristo & Weslaco North Lateral Drain.  Project Engineer: Tedsi Infrastructure Group.

Board Member Eduardo "Eddie" Cantu stepped away from the meeting.

On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

 Vote: 4 - 0 - Unanimously

Approval to issue manual payment on the following items once audit procedures are complete:

B. Application for Payment No. 1 in the amount of $82,881.00 from M-5 Texas Enterprises, LLC related to Construction Project No. HCDD1-14-028-10-28 Drain Control Structures-Weslaco North Lateral Drain.  PO#626177.  Project Engineer: Tedsi Infrastructure Group. 

On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER 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 $65,637.00 from M-5 Texas Enterprises, LLC related to Construction Project No. HCDD1-14-028-10-28 Drain Control Structure-Monte Cristo Drain.  PO#626178.  Project Engineer: Tedsi Infrastructure Group. 

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
13.
AI -51983
Approval to issue manual payment on the following item once audit procedures are complete:
Application for Payment No. 1 in the amount of $191,056.50 from PEGA JPS Utilities, LLC related to Construction Contract No. HCDD1-15-010-07-22B-Pct.4 Tower Road & Mile 17 1/2 Road Area Drainage Improvement Project. PO#627525. Project Engineer: Jose Noe Saldivar, P.E. -Hidalgo County Drainage District No. 1.

On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously
 
14.
 
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 BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously
 
A.
 
Real Estate Acquisition

No Action taken on this Item.
 
B.
 
Pending and/or Potential Litigation

No Action taken on this Item.
 
15.
 
Open Session:

Board Member Eduardo "Eddie" Cantu joined the meeting and Member Cuellar did not returned from Executive Session.

Will proceed as directed under Executive Session.
 
A.
 
Real Estate Acquisition

No Action taken on this Item.
 
B.
 
Pending and/or Potential Litigation

No Action taken on this Item.
 
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 taken on this Item.
 
18.
 
Adjourn

On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 4 - 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 27th day of October, 2015

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Norma G. Cantu, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on October 27, 2015.

Signed this 27th  day of OCTOBER 2015




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


By: ____________________________
(Seal) Norma G. Cantu, Deputy