SPECIAL MEETING - December 15, 2015
BE IT REMEMBERED, that on this 15th day of December 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 - CONSENT BOARD OF DIRECTORS December 15, 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 Drainage Board were in attendance for the exception of Board Member Joseph Palacios.
All members of the Drainage Board were in attendance for the exception of Board Member Joseph Palacios.
2.
Prayer
Raul Sesin led the courtroom in Prayer.
Raul Sesin led the courtroom in Prayer.
3.
Open Forum
Ms. McClaugherty declared her stress over the approval of the 2016 revised salary schedule for the Hidalgo County Drainage District No.1. She reminded the board about their decision to increase salaries until the middle of next year. She is worry that tax payers won’t be able to afford these increases.
Ms. McClaugherty declared her stress over the approval of the 2016 revised salary schedule for the Hidalgo County Drainage District No.1. She reminded the board about their decision to increase salaries until the middle of next year. She is worry that tax payers won’t be able to afford these increases.
Attachments:
4.
Approval of Consent Agenda
The board approved the Consent Agenda.
The board approved the Consent Agenda.
5.
Discussion on Hidalgo County Drainage District No. 1 Drainage projects, maintenance and operations
No discussions to be presented.
No discussions to be presented.
6.
AI -52666
Request approval of Supplemental Agreement No. 1 of Agreement for Professional Engineering Services between Hidalgo County Drainage District No. 1 and L&G Engineering for the management and professional engineering services for the Mission Inlet Recertification Project. Subject to legal review.
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
Mr. Sesin stated that the supplemental is reducing the fee from 9% to 7.25% which is part of the negotiations they did to award the contratct for the design services for the Mission Inlet Project.
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
Mr. Sesin stated that the supplemental is reducing the fee from 9% to 7.25% which is part of the negotiations they did to award the contratct for the design services for the Mission Inlet Project.
7.
AI -52641
Requesting approval to submit Application for Federal Assistance Hazard Mitigation Grant as it relates to varioius Drainage District projects and approval to allow Drainage District General Manager to sign applications.
Mr. Sesin mentioned that this grant requires 25% participation and feels this percentage could be accomplish with projects such as, J-09, East Donna Drain, Weslaco North Lateral, Las Milpas Drain, Pharr-McAllen Drainage study, the Raymondville cleaning and the Faysville Drain extension.
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Mr. Sesin mentioned that this grant requires 25% participation and feels this percentage could be accomplish with projects such as, J-09, East Donna Drain, Weslaco North Lateral, Las Milpas Drain, Pharr-McAllen Drainage study, the Raymondville cleaning and the Faysville Drain extension.
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
8.
AI -52642
Requesting approval to to pay Invoice No. M-1918 in the amount of $2,320.00 as claim to Rio Valley Switching Company as it relates to repairs to Railroad crossing at Bus 83 and Mile 2 East.
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
9.
AI -52646
Requesting approval of WA No. 5 to Mission Inlet Recertification agreement with L&G Engineering in the amount of $1,287,482.53 as it relates to Engineering Services for Mission Inlet.
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
10.
AI -52655
2013 BOND SERIES
Requesting approval of Work Authorization No. 20 to Pct. 1 2012 Bond Referendum agreement with TEDSI Infrastructure in the amount of $68,794.30 as it relates to Preliminary Engineering Report for Old River Road Area.
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: 4 - 0 - Unanimously
Requesting approval of Work Authorization No. 20 to Pct. 1 2012 Bond Referendum agreement with TEDSI Infrastructure in the amount of $68,794.30 as it relates to Preliminary Engineering Report for Old River Road Area.
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: 4 - 0 - Unanimously
Attachments:
11.
AI -52652
2013 BOND SERIES
Requesting approval of Work Authorization No. 3 to On Call CMT Services Pct. #2, Pct. #3, Pct. #4 & HCDD1 Master Drainage System agreement with L&G Engineering in the amount of $12,986.82 as it relates CMT Services for North Branch Drain & Mile 17 1/2 Project.
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Mr. Sesin emphasized that this was for material testing.
Requesting approval of Work Authorization No. 3 to On Call CMT Services Pct. #2, Pct. #3, Pct. #4 & HCDD1 Master Drainage System agreement with L&G Engineering in the amount of $12,986.82 as it relates CMT Services for North Branch Drain & Mile 17 1/2 Project.
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Mr. Sesin emphasized that this was for material testing.
Attachments:
12.
AI -52650
2013 BOND SERIES
Requesting approval of Work Authorization No. 4 to Pharr McAllen Drain & South Flood Water Channel Watershed Improvement agreement with L&G Engineering in the amount of $299,985.95 as it relates to Engineering Services for South Pharr / Las Milpas South Floodwater channel.
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Requesting approval of Work Authorization No. 4 to Pharr McAllen Drain & South Flood Water Channel Watershed Improvement agreement with L&G Engineering in the amount of $299,985.95 as it relates to Engineering Services for South Pharr / Las Milpas South Floodwater channel.
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
13.
AI -52635
A. Presentation by Hidalgo County Drainage District No. 1 Financial Advisor; Estrada and Hinojosa with respect to the issuance, sale and delivery of Hidalgo County Drainage District No.1 Unlimited Tax Refunding Bonds, Series 2016.
Commissioner Palacios joined the meeting.
David Gordon Managing Director, Estrada Hinojosa Investment Bankers, approached the board to discuss the Refunding Analysis and Plan of Finance for the Hidalgo County Drainage District No.1. Mr. Gordon indicated that between Bond Series 2007 and 2008 there’s a total of $57,765,000 to be refunded. The presentation gave an inside look into the savings by maturity, prior debt service and the present value of savings. Mr. Gordon mentioned that if they were to approve the finance they could see approximately a savings from cash flow of about $5 million and a net present value savings of about $4.3 million for a total of 7.5% savings of refunded bonds.
The report also showed a graphic explaining the current Drainage District debt and how it could look after financing. Additionally, it presented to the members a preliminary schedule for the financial plan and an expected date to close, deliver obligations and receive funds and funds escrow.
B. "Consider and approve a resolution authorizing issuance, sale and delivery of Hidalgo County Drainage District No. 1 Unlimited Tax Refunding Bonds; Series 2016; delegating certain authority to the County Judge and the Financial Officer of the District pursuant to the provisions of Texas Government Code, Sections 1207.007 and 1207.008; payable from the levy of a direct and continuing unlimited annual ad valorem tax pursuant to the provisions of Chapter 56, Texas Water Code; authorizing the refunding of certain outstanding obligations; authorizing the execution of a bond purchase contract; approving an official statement, execution of an escrow and trust agreement, and making other provisions regarding such bonds and matters incident thereto."
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Commissioner Palacios joined the meeting.
David Gordon Managing Director, Estrada Hinojosa Investment Bankers, approached the board to discuss the Refunding Analysis and Plan of Finance for the Hidalgo County Drainage District No.1. Mr. Gordon indicated that between Bond Series 2007 and 2008 there’s a total of $57,765,000 to be refunded. The presentation gave an inside look into the savings by maturity, prior debt service and the present value of savings. Mr. Gordon mentioned that if they were to approve the finance they could see approximately a savings from cash flow of about $5 million and a net present value savings of about $4.3 million for a total of 7.5% savings of refunded bonds.
The report also showed a graphic explaining the current Drainage District debt and how it could look after financing. Additionally, it presented to the members a preliminary schedule for the financial plan and an expected date to close, deliver obligations and receive funds and funds escrow.
B. "Consider and approve a resolution authorizing issuance, sale and delivery of Hidalgo County Drainage District No. 1 Unlimited Tax Refunding Bonds; Series 2016; delegating certain authority to the County Judge and the Financial Officer of the District pursuant to the provisions of Texas Government Code, Sections 1207.007 and 1207.008; payable from the levy of a direct and continuing unlimited annual ad valorem tax pursuant to the provisions of Chapter 56, Texas Water Code; authorizing the refunding of certain outstanding obligations; authorizing the execution of a bond purchase contract; approving an official statement, execution of an escrow and trust agreement, and making other provisions regarding such bonds and matters incident thereto."
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
14.
AI -52664
Consider and approve a resolution amending an order authorizing the issuance, sale, and delivery of Hidalgo County, Texas Drainage District No. 1 Unlimited Tax Improvement Bonds, Series 2008, dated April 1, 2008, in the original principal amount of $72,000,000 to allow the Drainage District to fund a refunding escrow in accordance with the provisions of Texas Government Code, section 1207.00, et seq., and making other provisions incident thereto
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
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:
15.
AI -52638
Approval of the 2016 Revised Salary Schedule for Hidalgo County Drainage District No. 1
Mr. Sesin reported that after evaluating the positions at the district, he got together with human resources in specific with Mr. Raul Silguero to define a better role for the actual work being performed by the employee. He acknowledged there’s a 3% COLA across the board however, some positions are being reclassified in order to comply with the duties.
For the maintenance and operation director, he is suggesting an increase of $17,882.55 which according to him it mirrors that one from all precincts and increases his salary to $78,704
The other position being increase is the IT position, at a salary of $57,850
Board member Joe Flores questioned if they were going to be hourly or salary. Due to labor board regulations. Mr. Silguero commented that these types of positions with these types of salaries become exempt from the Fair Labor Standards Act, allowing them to work more than 40 hours a week.
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Mr. Sesin reported that after evaluating the positions at the district, he got together with human resources in specific with Mr. Raul Silguero to define a better role for the actual work being performed by the employee. He acknowledged there’s a 3% COLA across the board however, some positions are being reclassified in order to comply with the duties.
For the maintenance and operation director, he is suggesting an increase of $17,882.55 which according to him it mirrors that one from all precincts and increases his salary to $78,704
The other position being increase is the IT position, at a salary of $57,850
Board member Joe Flores questioned if they were going to be hourly or salary. Due to labor board regulations. Mr. Silguero commented that these types of positions with these types of salaries become exempt from the Fair Labor Standards Act, allowing them to work more than 40 hours a week.
On motion by BOARD MEMBER PCT. 1, A.C. CUELLAR, JR., seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
16.
AI -52624
In accordance with Water Code Section 49.057 and Subchapter A of Government Code, Section 2254, requesting approval to engage the firm of Atlas, Hall & Rodriguez, LLP with regard to Notice of Claim - Josie Moreno & Tonie Moreno, et al v. Drainage District No. 1 at the same rate as established between the County of Hidalgo and the Firm
No action taken on this item.
Court proceeded to Closed Session.
No action taken on this item.
Court proceeded to Closed Session.
17.
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. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 5 - 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 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
A.
Real Estate Acquisition
No action taken on this item.
No action taken on this item.
B.
Pending and/or Potential Litigation
No action taken on this item.
No action taken on this item.
C.
AI -52607
Notice of Claim - Josie Moreno & Tonie Moreno, et al v. Drainage District No. 1
No action taken on this item.
No action taken on this item.
18.
Open Session:
A.
Real Estate Acquisition
No action taken on this item.
No action taken on this item.
B.
Pending and/or Potential Litigation
No action taken on this item.
No action taken on this item.
C.
AI -52608
Notice of Claim - Josie Moreno & Tonie Moreno, et al v. Drainage District No. 1
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
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
19.
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.
20.
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.
21.
Adjourn
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
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
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 15th day of December, 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 December 15, 2015.
Signed this 15th day of DECEMBER 2015
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 15th day of December, 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 December 15, 2015.
Signed this 15th day of DECEMBER 2015
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy