SPECIAL MEETING - September 27, 2016
BE IT REMEMBERED, that on this 27th day of September 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 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 September 27, 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 Eduardo "Eddie" Cantu was not present during roll call.
Board Member Eduardo "Eddie" Cantu was not present during roll call.
2.
Prayer
Mr. Raul Sesin led the courtroom in Prayer.
Mr. Raul Sesin led the courtroom in Prayer.
3.
Open Forum
1) Mrs. Virginia Townsand complimented the drainage and planning departments for providing easier access and information to the public regarding projects. She also addressed questions regarding the pipe down West of FM 107.
2) Martha Sanchez, LUPE Organization, acknowledged work the drainage department is doing to provide better transparency for all residents.
Board Member Joseph Palacios stepped away from the meeting.
1) Mrs. Virginia Townsand complimented the drainage and planning departments for providing easier access and information to the public regarding projects. She also addressed questions regarding the pipe down West of FM 107.
2) Martha Sanchez, LUPE Organization, acknowledged work the drainage department is doing to provide better transparency for all residents.
Board Member Joseph Palacios stepped away from the meeting.
Attachments:
4.
Approval of Consent Agenda
The consent agenda was approved by the board.
The consent agenda was approved by the board.
5.
Discussion on Hidalgo County Drainage District No. 1 Drainage projects, maintenance and operations
Mr. Sesin informed that he's open to discuss all concerns stated by Mrs. Townsand. Additionally, he's looking forward to setting a workshop with the board members to further discuss projects. Currently, the district has 44 bond projects and 36 additional projects managing the design and construction.
Board Member Joseph Palacios joined the meeting.
Mr. Sesin informed that he's open to discuss all concerns stated by Mrs. Townsand. Additionally, he's looking forward to setting a workshop with the board members to further discuss projects. Currently, the district has 44 bond projects and 36 additional projects managing the design and construction.
Board Member Joseph Palacios joined the meeting.
6.
AI -56566
A. Public Hearing on Hidalgo County Drainage District No. 1 - 2017 Proposed Budget.
Judge Garcia Opened the Public Hearing.
No comments presented.
Judge Garcia Closed the Public Hearing.
B. Discussion, consideration and action or changes "if any" and the Adoption of the 2017 Annual Budget.
Mr. Sesin disclosed that there're no changes proposed, will stay the same as last year.
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
C. Approval to set salaries for District Employees and Travel Allowances for Board Members.
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
D. Approval of Order setting the 2016 Hidalgo County Drainage District No.1 Tax Rate at .0951 per $100 valuation (Maintenance and Operation tax rate is .04960 and Debt Service tax rate is .04550)
Board Member Eduardo "Eddie" Cantu joined the meeting.
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval that the property tax rate be increased by the adoption of a tax rate of 0.951, which is effectively a 3.71 percent increase in the tax rate at M&O of .0496 and I&S=0951
Vote: 5 - 0 -Unanimously
Record Vote:
AYE: Board Member A.C. Cuellar, Board Member Eduardo "Eddie" Cantu, Judge Ramon Garcia, Board Member Joe M. Flores and Board Member Joseph Palacios.
NAY: NONE
Judge Garcia Opened the Public Hearing.
No comments presented.
Judge Garcia Closed the Public Hearing.
B. Discussion, consideration and action or changes "if any" and the Adoption of the 2017 Annual Budget.
Mr. Sesin disclosed that there're no changes proposed, will stay the same as last year.
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
C. Approval to set salaries for District Employees and Travel Allowances for Board Members.
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
D. Approval of Order setting the 2016 Hidalgo County Drainage District No.1 Tax Rate at .0951 per $100 valuation (Maintenance and Operation tax rate is .04960 and Debt Service tax rate is .04550)
Board Member Eduardo "Eddie" Cantu joined the meeting.
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval that the property tax rate be increased by the adoption of a tax rate of 0.951, which is effectively a 3.71 percent increase in the tax rate at M&O of .0496 and I&S=0951
Vote: 5 - 0 -Unanimously
Record Vote:
AYE: Board Member A.C. Cuellar, Board Member Eduardo "Eddie" Cantu, Judge Ramon Garcia, Board Member Joe M. Flores and Board Member Joseph Palacios.
NAY: NONE
Attachments:
7.
AI -56325
Presentation of Tax Collection Annual Report for the period of July 1, 2015 through June 30, 2016
Mr. Pablo Villarreal presented the Drainage District #1 Annual Tax Collections Report. Indicating that on the current, delinquent and rollback the total collected for July 01, 2015 thru June 30, 2016 was $29,374,513.22
The total revenues disbursed to the district was $29,072,270.41 and after disbursement $29,374,513.22
Additionally, the base amount collected for the total collections for fiscal year 2015-2016 was $26,835,733.67
The county assessor included a presentation of a 5 year comparison chart for July 1 to June 30 of 2015; the percentage for 2015 was 93.97%.
No action taken on this item.
Mr. Pablo Villarreal presented the Drainage District #1 Annual Tax Collections Report. Indicating that on the current, delinquent and rollback the total collected for July 01, 2015 thru June 30, 2016 was $29,374,513.22
The total revenues disbursed to the district was $29,072,270.41 and after disbursement $29,374,513.22
Additionally, the base amount collected for the total collections for fiscal year 2015-2016 was $26,835,733.67
The county assessor included a presentation of a 5 year comparison chart for July 1 to June 30 of 2015; the percentage for 2015 was 93.97%.
No action taken on this item.
Attachments:
8.
AI -56377
Presentation by Tax Attorneys of Delinquent Tax Collection Annual Report for the period of July 1, 2015 through June 30, 2016
Lucy Canales, Linebarger Gogan Blair & Sampson, LLP, presented an overview of the 3 year collection comparison for July 2013 to June 2016 for the Drainage District No.1. According to the preventative, 1,239 lawsuits were filed. They disposed 467 lawsuits after tax payers paid for a total of $124,774 and took 610 judgments involving $121,020. Additionally, 105 tax warrants were issued and there're 212 accounts in bankruptcy for the drainage district involving $1.5 million dollars. Mrs. Canales informed that they have about 8,469 tax payers that walk in to the office. The pay off requests totals $3,539 which come from the tax payers, banks or title companies. Linebarger conducted 1,519 inspections to educate the tax payer. 37,093 calls were conducted, 11 different mailings were sent out involving 126,154 demand letters. During this period the law firm has collected over $1.9 million in base tax, penalty and interest for the Drainage District through June 2016.
The 3 year collection comparison from July 2013 to June 2016 demonstrated that in 2013-2014 there was a 31.61% collection, the transition period from 2014-2015 a collection of 33.50% and for 2015-2016 33.64%.
Board member Eduardo Cantu questioned if the firm pin points an specific area where the foreclosures happen. Mrs. Cananles explained that the heavy areas are usually empty lots and smaller homes. Emphasizing, that all throughout the process they work with the tax payer. The board member requested a copy of that information.
No action taken on this item.
Lucy Canales, Linebarger Gogan Blair & Sampson, LLP, presented an overview of the 3 year collection comparison for July 2013 to June 2016 for the Drainage District No.1. According to the preventative, 1,239 lawsuits were filed. They disposed 467 lawsuits after tax payers paid for a total of $124,774 and took 610 judgments involving $121,020. Additionally, 105 tax warrants were issued and there're 212 accounts in bankruptcy for the drainage district involving $1.5 million dollars. Mrs. Canales informed that they have about 8,469 tax payers that walk in to the office. The pay off requests totals $3,539 which come from the tax payers, banks or title companies. Linebarger conducted 1,519 inspections to educate the tax payer. 37,093 calls were conducted, 11 different mailings were sent out involving 126,154 demand letters. During this period the law firm has collected over $1.9 million in base tax, penalty and interest for the Drainage District through June 2016.
The 3 year collection comparison from July 2013 to June 2016 demonstrated that in 2013-2014 there was a 31.61% collection, the transition period from 2014-2015 a collection of 33.50% and for 2015-2016 33.64%.
Board member Eduardo Cantu questioned if the firm pin points an specific area where the foreclosures happen. Mrs. Cananles explained that the heavy areas are usually empty lots and smaller homes. Emphasizing, that all throughout the process they work with the tax payer. The board member requested a copy of that information.
No action taken on this item.
Attachments:
9.
AI -56462
A. Discussion, consideration and approval of the Drainage District #1 Investment Policy
B. Discussion, consideration and approval of the Drainage District #1 Authorized Broker/Dealers List.
Mr. Alfredo Zamarripa indicated that there were changes as far as the length of investments. This mirrors the Hidalgo County's Investment Policy, which was sent to Mr. Crain for review.
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 on A and B.
Vote: 5 - 0 - Unanimously
B. Discussion, consideration and approval of the Drainage District #1 Authorized Broker/Dealers List.
Mr. Alfredo Zamarripa indicated that there were changes as far as the length of investments. This mirrors the Hidalgo County's Investment Policy, which was sent to Mr. Crain for review.
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 on A and B.
Vote: 5 - 0 - Unanimously
10.
AI -56559
A. Requesting approval to accept bids and approval to award Construction Contract to lowest and best bidder meeting all specified requirements for the project: "Kenyon Road and Mile 17 Area Drainage Improvements Project", Base Bid in the total amount of $281,956.68 to Venser Contractors, LLC.
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
B. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".
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
B. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".
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:
11.
AI -56581
Requesting Approval of closing documents for Bentsen Groves Addition F, Lot 16, 0.233 ac, Hidalgo County Wallace Road, Parcel 18B as it relates to the J-09 Project.
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
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
Attachments:
12.
AI -56578
2013 Bonds
Budget: 300-J09 Project
Approval of Application for Payment No. 2 in the amount of $188,004.96 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-16-006-04-26 J09 Drain Improvements Phase 2 Construction Rio Grande Care Rd to North Main Drain.
Project Engineer: Tedsi Infrastructure Group
PO#629475
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
Budget: 300-J09 Project
Approval of Application for Payment No. 2 in the amount of $188,004.96 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-16-006-04-26 J09 Drain Improvements Phase 2 Construction Rio Grande Care Rd to North Main Drain.
Project Engineer: Tedsi Infrastructure Group
PO#629475
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
Attachments:
13.
AI -56579
Requesting acceptance and approval of Donation Deed from Nowell and Ranell Borders.
Mr. Sesin informed that this area is 493 and 2812, the district is receiving some of the privately own systems for improvement. This will provide drainage outfalls to existing developments that currently don't have any. With this donation the district will be able to improve drainage in that area.
Board member Joseph Palacios notified that this was the area that severely affected last year during the heavy rains. With this update, they'll be able to drain to the linear ditch.
Mr. Sesin disclosed that they are partnering with the Delta Lake Irrigation District.
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: 5 - 0 - Unanimously
Board proceeded to Item.18.
Mr. Sesin informed that this area is 493 and 2812, the district is receiving some of the privately own systems for improvement. This will provide drainage outfalls to existing developments that currently don't have any. With this donation the district will be able to improve drainage in that area.
Board member Joseph Palacios notified that this was the area that severely affected last year during the heavy rains. With this update, they'll be able to drain to the linear ditch.
Mr. Sesin disclosed that they are partnering with the Delta Lake Irrigation District.
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: 5 - 0 - Unanimously
Board proceeded to Item.18.
Attachments:
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:
No action taken on this item.
Board of Directors may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
No action taken on this item.
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.
15.
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.
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.
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.
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: 5 - 0 – Unanimously
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: 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 27th day of September, 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 September 27, 2016.
Signed this 27th day of SEPTEMBER 2016
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 27th day of September, 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 September 27, 2016.
Signed this 27th day of SEPTEMBER 2016
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy