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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - February 16, 2016

BE IT REMEMBERED, that on this 16th day of February A.D., 2016, 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
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

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
February 16, 2016
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

Board Member Joseph Palacios was absent from the meeting.
 
2.
 
Prayer

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

No comments were presented.
 
4.
 
Approval of Consent Agenda

The Consent Agenda was approved.
 
5.
 
Discussion on Hidalgo County Drainage District No. 1 Drainage projects, maintenance and operations

Mr. Sesin spoke about one of the main projects the District is currently working on outside the bond issuance, the project being the East Lateral Project in precinct 1. The project is currently about 2.6 miles under construction from North FM 107 to the main outfall North of Monte Cristo. The plan is to excavate 512000 yd3 in that area, the ditch is about 200 Ft. of top ditch width. Eventually it will provide a substantial amount of volume of water that it will carry north worth. Mr. Sesin commented that the crew is getting ready to move the work to South of FM 107 and start the improvements of that ditch in the Mercedes Lateral. At the moment part of the Mercedes Lateral Project is being excavated, the excavation is being done by the Drainage District. The crossings from FM 107, Monte Cristo and road crossings was bid out by Urban County and is currently under construction. The cost for those crossings is $4.9 million dollars. Mr. Sesin announced they anticipate completing the project by the end of this year.
 
6.
AI -53395
A.) Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a Professional Service;

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

 Vote: 4 - 0 - Unanimously

B.) Requesting approval for the District to negotiate a Professional (Appraisal and/or Appraisal Review Services) Contract with Leonel Garza Jr. & Associates, LLC from the District's pre-approved pool of qualified Appraisers for the provision of Professional Appraisal Services and/or Appraisal Review Services for (on an as needed basis) Hidalgo County Drainage District No.1.

Mr. Sesin stated that this item is subject to HB 1295.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval subject to HB 1295.

 Vote: 4 - 0 - Unanimously

Judge Garcia expressed his concerns in relation to the meaning and the significance of theHouse Bill 1295, and the duties that it requires from the county. In connection to the judge’s concern, Mr. Crain summarized that House Bill 1295 went into effect at the beginning of 2016. The bill requires the vendors to fill out a form. First step is for vendors to print out the form from the Texas Ethics Commission, have it notarized and presented to the district. The information shows who might have control and interest within a company and discloses information about the vendor.
 
Judge Garcia asked Mr. Crain about the next step to take once they become informed of the company’s information. Mr. Crain explained to the judge that there is no form to be completed by the county, only the vendor is require doing that.

Martha Salazar explained that under HB 1295 they are obligated to obtain the notarized disclosure, they go into the website, acknowledge receive and given a date. The vendor is obligated to do the same process for any contract they bring to Commissioners Court.  Therefore, multiple contracts mean that they are to be filing a form every time, for all agencies under Hidalgo County.
 
Ms. Salazar also explained that once they acknowledge receive the Texas Ethics Commission posts the information. She informed the court that the Purchasing Department has been informed by her, to attach all documentation as part of the contract.
 
Mr. Crain commented to the court that the public can go into the Texas Ethics Commission and view any HB 1295 lists that were filed by all governmental entities. On top of that the governmental entities are in charge of using the record administrator to file any documentation, in this case the County Clerk’s Office.
 
Once more, Judge Garcia emphasized on the importance of understanding the process. Consequences could result in a criminal act. Mr. Crain and Ms. Salazar explained to him that the criminal act is taken under HB 23 and not HB 1295. Mr. Crain went on by explaining that under HB 1295 the county is not require to look at anything, it is the vendor’s responsibility.
 
Assistant District Attorney Josephine Ramirez approached the members to explain the significance and the differences between HB 1295 and HB 23. She informed the court that there were some recent changes to House Bill 23 that affect the disclosure requirements that are under the local government code, which is a different bill and a different provision.  The requirement is when the county submits a conflict of interest disclosure and questioner. There were some changes to that questioner that the county as well as the vendor used to complete.  When the vendor submits the bid or as part of their procurement packet, there is a different form they have to complete now.
 
Mr. Crain continued with the information in relation to HB 23, he stated that the vendor submits the CIQ form and the elected officials, the executive director of the county, and everyone in the county who is involve in the process must file a CIS form.  Changes were made to Chapter 176, after September 1, 2015 a vendor or vendor’s agent who enters or seeks to enter into a contract with a governmental entity, must file conflict of interest questionnaire. First, if the vendor or the vendor’s agent has a business relationship with a local governmental entity and has employment or other business relation with a local governmental officer or any family member and if the vendor has a relationship with a local governmental officer. Second, if the vendor or the governmental officer is a family member of any governmental officer, any gifts will last 12 months from the date.
 
Furthermore, Mr. Crain explained to Commissioner Flores that family relation is defined as, first degree by consanguinity or if any governmental officer has received anything over $100.00 for the last 12 months. Moreover, it is also defined in terms of, if the vendor has family relationship with any local governmental officer and a family relationship is defined as a person related third degree by consanguinity or second degree by consanguinity. Mr. Crain indicated that 1st degree would be parents, children or wife, 2nd degree would be brother or sister, and 3rd degree would include nephews, nieces, etc.   
 
Mr. Crain informed the court that he had already provided Ms. Salazar with a chart in relation to the definition for each degree of relationship.
 
Ms. Salazar stated that the chart has been forwarded to Mrs. Ramirez.
 
To summarize Mr. Crain commented that not only does the vendor have to file a form, but all governmental officials or anyone that has any part in the process must file a form as well.
 
Ms. Townsend approached the court to express her concerns in regards to the same issue. Ms. Townsend stipulated that bottom line the Texas Ethics Commission wants to find out who profits.
 
Finally, Mr. Crain suggested to the court members to review the summary for each House Bill. Mr. Crain explained to the members that House Bill 23 is a bit more complicated and completely excludes any political contributions.
 
Judge Garcia disclosed that the summary provided by Mrs. Ramirez easily explains that three things must be disclose, family relationships, business relationships or financial gifts.  
 
In relationship to the related discussion, Commissioner Cantu expressed to the public that they as elected officials do not want to receive any gift baskets or gifts. Commissioner Flores added that even when they receive such gift most of the time they are given to their employees. In relation to this statement, Mr. Crain explained that even if they are given to the employees, they are still receiving these gifts.
 
All things consider, Ms. Salazar informed the court that in the notices they sent out to the vendors they specify that if they may have any concerns or questions they need to consult with legal counsel. The purchasing department is not going to help filled out the application nor review it for them. She also commented that they stated to the vendor that no food is to be gifted to the employees, but could receive as a guest or could be donated to a nonprofit organization. 

C.) Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a Professional Service;

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

 Vote: 4 - 0 - Unanimously

D.) Requesting approval for the District to negotiate a Professional (Appraisal and/or Appraisal Review Services) Contract with Appraisal Haus from the District's pre-approved pool of qualified Appraisers for the provision of Professional Appraisal Services and/or Appraisal Review Services for (on an as needed basis) Hidalgo County Drainage District No. 1.   

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 4 - 0 - Unanimously
 
7.
AI -53397
Requesting approval of final negotiated Letter of Engagement with Burton, McCumber & Cortez, LLP as it relates to RFQ No.: HCDD1-15-012-12-11 "Financial Audit Services".  Approved for negotiations by HCDD1 Board of Directors on January 5, 2016.    

House Bill 1295 has been submitted. 

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

Vote: 4 - 0 - Unanimously
Attachments:
 
8.
AI -53401
Requesting approval to advertise for RFB No.: HCDD1-16-007-03-23A "Sale or Exchange, Removal and Hauling of Fill Dirt/Loose Materials From J-09 Project located North of Monte Cristo Between Wallace Rd. and North Main Drain Approx. 1/4 Mile East of Jackson Rd. 

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

Vote: 4 - 0 - Unanimously
 
9.
AI -53404
2013 BOND SERIES 

A.) Requesting approval of final negotiated Agreement for Professional Engineering Services with Urban Infrastructure Group, Inc. as it relates to Pct. 1 - Mile 13 1/2 and 1015 area Drainage Improvement Project.  Approved for negotiations by the HCDD1 Board of Directors on January 19, 2016.  

Mr. Sesin informed that Craig Gonzalez is the principal of that firm.

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

 Vote: 4 - 0 - Unanimously

B.) Pursuant to the Boards Approval of Professional Agreement with Urban Infrastructure Group requesting approval of Work Authorization No. 1 in the amount of $47,951.57, Engineering Services for Pct. 1 - Mile 13 1/2 and 1015 area Drainage Improvement Project. 

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

Vote: 4 - 0 -Unanimously 

C.) Pursuant to the Boards Approval of Professional Agreement with Urban Infrastructure Group requesting approval of Work Authorization No. 2 in the amount of $6,320.00, Surveying Services for Pct. 1 - Mile 13 1/2 and 1015 area Drainage Improvement Project. 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
10.
AI -53393
2013 BOND SERIES
Requesting approval to advertise for RFB No.: HCDD1-16-006-03-23 "J-09 Drain Improvements Phase II Construction Rio Grand Care Rd. to North Main Drain".  

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

Vote: 4 - 0 - Unanimously
 
11.
AI -53414
2013 Bonds
Budget 365-Rural Drainage Development
Pct.1

Request approval to issue payment on the following items:

A. Application for Payment No. 4 in the amount of $7,884.00 from Jimenez Engineering Solutions, LLC D/B/A International Consulting Engineers related to Construction Contract No. HCDD1-15-006-06-02A.

Project Engineer: Eulalio Ramirez, P.E. , Quintanilla Headley & Associates
PO#627160.

B. Acceptance of Certificate of Substantial Completion from Jimenez Engineering Solutions, LLC D/B/A International Consulting Engineers related to Construction Contract No. HCDD1-15-006-06-02A.  Date of Issuance: 01-13-16.

C. Acceptance of Certificate of Construction Completion from Jimenez Engineering Solutions, LLC D/B/A International Consulting Engineers related to Construction Contract No. HCDD1-15-006-06-02A.  Date of Issuance: 01-15-16.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval on A, B and C. 

Vote: 4 - 0 - Unanimously

Mr. Sesin stated that these were R. Tijerina projects that are finally completed in that area in pct.1.
 
12.
AI -53433
2013 Bonds
Budget 365-Rural Drainage Development
Pct.1

Request approval to issue payment on the following item:

A.  Application for Retainage Release in the amount of $24891.20 from Jimenez Engineering Solutions, LLC D/B/A International Consulting Engineers related to Construction Contract No. HCDD1-15-006-06-02A.

Project Engineer: Eulalio Ramirez, P.E. -Quintanilla Headley & Associates
PO#627160.

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

 Vote: 4 - 0 - Unanimously
 
13.
AI -53434
2013 Bonds
Budget 365-Rural Drainage Development
Pct.4

Approval to issue payment on the following item:

A. Application for Retainage Release in the amount of $58,278.60 from PEGA JPS Utilities, LLC related to Contract No. HCDD1-Pct.4 Tower Road & Mile 17 1/2 Road Drainage Improvement.

Project Engineer: Jose Noe Saldivar, P.E.-Hidalgo County Drainage District No. 1
PO#627525

B. Acceptance of Certificate of Construction Completion from PEGA JPS Utilities, LLC related to Contract No. HCDD1-Pct.4 Tower Road & Mile 17 1/2 Road Drainage Improvement.   Date of Issuance: 12-22-2015.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval on A and B. 

Vote: 4 - 0 - Unanimously
 
14.
AI -53438
2013 Bonds
Budget 300-J-09 Project
Pct.4

Approval to issue payment on the following item: 

Invoice No. 2015-22 in the amount of $37,007.58 from Hidalgo County Precinct No. 4 for reimbursement of labor, machine hours and fuel related to the construction of the J-09 Project. 

Project Engineer: Tedsi Infrastructure Group.

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

 Vote: 4 - 0 - Unanimously
Attachments:
 
15.
AI -53439
2013 Bonds
Budget 365-Rural Drainage Development
Pct.4

Approval to issue payment in the amount of $178,452.46 to Hidalgo County Urban County Program for District's direct share of construction cost from the original amount of $367,452.46 as per Interlocal Agreement approved by Board on November 10, 2015.  

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court 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. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court 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.
 
17.
 
Open Session:
 
A.
 
Real Estate Acquisition

No action taken on this item.
 
B.
 
Pending and/or Potential Litigation

Proceed as Directed.
 
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
 
20.
 
Adjourn

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court 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 16th day of February, 2016

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 February 16, 2016.

Signed this 16th day of FEBRUARY 2016




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


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