SPECIAL MEETING - November 15, 2016
BE IT REMEMBERED, that on this 15th day of November 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 November 15, 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
All members of the board were in attendance.
All members of the board were in attendance.
2.
Prayer
Raul Sesin led the courtroom in Prayer.
Raul Sesin led the courtroom in Prayer.
3.
Open Forum
Rene Villarreal and Lupita Perez members of the VFW Post 7473 in Elsa, Texas gave thanks to county leaders for supporting all veterans.
Mrs. Perez presented acknowledgements and appreciation for the enormous support and instrumental assistance that Commissioner A.C. Cuellar has given to the post. She further informed that the Elsa VFW Post 7473 is ranked No.4 in the world.
Rene Villarreal and Lupita Perez members of the VFW Post 7473 in Elsa, Texas gave thanks to county leaders for supporting all veterans.
Mrs. Perez presented acknowledgements and appreciation for the enormous support and instrumental assistance that Commissioner A.C. Cuellar has given to the post. She further informed that the Elsa VFW Post 7473 is ranked No.4 in the world.
Attachments:
4.
Approval of Consent Agenda
The board approved the entire consent agenda.
The board approved the entire consent agenda.
5.
Discussion on Hidalgo County Drainage District No. 1 Drainage projects, maintenance and operations
Mr. Sesin notified of the upcoming meeting the drainage and LUPE Organization members will have to discuss drainage projects. Sesin explained that these meetings are another resource to be able to provide clarity about projects to the public.
Additionally, he informed that drainage employees are going through a Promoting Responsibility, Integrity, Dedication and Ethics training. This is an hour class that includes questions and answers with real case scenarios regarding district issues. Sesin stressed that this training is to better prepare employees and in returned help the public.
Mr. Sesin notified of the upcoming meeting the drainage and LUPE Organization members will have to discuss drainage projects. Sesin explained that these meetings are another resource to be able to provide clarity about projects to the public.
Additionally, he informed that drainage employees are going through a Promoting Responsibility, Integrity, Dedication and Ethics training. This is an hour class that includes questions and answers with real case scenarios regarding district issues. Sesin stressed that this training is to better prepare employees and in returned help the public.
6.
AI -57319
Presentation and acceptance of Independent Audit Report for the year ending December 31, 2015.
Ricky Longoria partner with Burton McCumber & Cortez, L.L.P. introduced the independent audit for the Drainage District No. 1 for the year ending December 31, 2015. He stated that this is a financial independent audit that will present financial statements. With regards to the training that the drainage district employees are currently receiving, Longoria notified the court that it's being facilitated by the firm. Explaining that this training was developed about 10 years ago, the purpose of the training is to improve the employee knowledge as to how to better serve in the public entity.
Adel Felix, Audit Manager for Burton McCumber & Cortez, L.L.P. disclosed to the court that she was in charge of overseeing the audit for 2015. She explained to the board members that there're three documents included in the packet. Felix began the presentation explaining the governments letter, stating requirement agreements for government audit standards. Furthermore, she familiarized the members with the Independent Auditors' Report and the Report on the Financial Statements, including the responsibilities and opinion.
In continuing with the presentation, the statement of net position December 31, 2015 was disclosed to the court. In addition, the General Fund was disclosed for a total fund balance under unassigned of $21.8 million dollars. Felix informed that the $5 million dollar increase was due to receiving a grant of about $6 million and an increase in expenditures due to more in-house projects. There was no single audit for 2015, however, they did received a grant but did not meet single audit requirements.
Judge Garcia questioned Felix as to how they treated the money still owed by DHS of 2.5 million that was lend for the construction of the border wall. With regards, Felix informed that it was not recorded in the financial statement because at this point it hasn't been determined collectible. However, once that money is determined collectible it will be recognize.
Mr. Longoria reminded the board members that their office is always available for any other additional questions.
On motion 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
Ricky Longoria partner with Burton McCumber & Cortez, L.L.P. introduced the independent audit for the Drainage District No. 1 for the year ending December 31, 2015. He stated that this is a financial independent audit that will present financial statements. With regards to the training that the drainage district employees are currently receiving, Longoria notified the court that it's being facilitated by the firm. Explaining that this training was developed about 10 years ago, the purpose of the training is to improve the employee knowledge as to how to better serve in the public entity.
Adel Felix, Audit Manager for Burton McCumber & Cortez, L.L.P. disclosed to the court that she was in charge of overseeing the audit for 2015. She explained to the board members that there're three documents included in the packet. Felix began the presentation explaining the governments letter, stating requirement agreements for government audit standards. Furthermore, she familiarized the members with the Independent Auditors' Report and the Report on the Financial Statements, including the responsibilities and opinion.
In continuing with the presentation, the statement of net position December 31, 2015 was disclosed to the court. In addition, the General Fund was disclosed for a total fund balance under unassigned of $21.8 million dollars. Felix informed that the $5 million dollar increase was due to receiving a grant of about $6 million and an increase in expenditures due to more in-house projects. There was no single audit for 2015, however, they did received a grant but did not meet single audit requirements.
Judge Garcia questioned Felix as to how they treated the money still owed by DHS of 2.5 million that was lend for the construction of the border wall. With regards, Felix informed that it was not recorded in the financial statement because at this point it hasn't been determined collectible. However, once that money is determined collectible it will be recognize.
Mr. Longoria reminded the board members that their office is always available for any other additional questions.
On motion 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
Attachments:
7.
AI -57301
A. Requesting approval of final negotiated Agreement for Professional Surveying Services with Quintanilla, Headley, & Associates, Inc., as it relates to services for on call- on as needed basis to the Hidalgo County Drainage District No.1 projects. Approved for negotiations by the HCDD1 Board of Directors on October 25, 2016 (AI#57010). (Contract# C-HCDD1-16-056A-11-15)
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. Requesting approval of final negotiated Agreement for Professional Surveying Services with Civil Design Services, Inc., dba CDS Muery, as it relates to services for on call- on as needed basis to the Hidalgo County Drainage District No.1 projects. Approved for negotiations by the HCDD1 Board of Directors on October 25, 2016 (AI#57010). (Contract# C-HCDD1-16-056B-11-15)
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
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. Requesting approval of final negotiated Agreement for Professional Surveying Services with Civil Design Services, Inc., dba CDS Muery, as it relates to services for on call- on as needed basis to the Hidalgo County Drainage District No.1 projects. Approved for negotiations by the HCDD1 Board of Directors on October 25, 2016 (AI#57010). (Contract# C-HCDD1-16-056B-11-15)
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:
8.
AI -57323
Request approval of Budget Amendment from the District's General Fund into heavy equipment in the amount of $ 402,346.27 for the purchase of a Doosan DX 490LC Excavator. This purchase is for a replacement of one of the District's Excavator which was a claim to Texas Municipal League and has been partially reimbursed.
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
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:
9.
AI -57332
Requesting Approval of a Drainage Easement Acquisition from Edinburg Consolidated Independent School District, Being A 2.54 Acre Tract of Land out of Lot 2, R.B. Curry Survey No. 3, Hidalgo County
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
Attachments:
10.
AI -57328
A. Request approval to create one (1) Right of Way and Utility Coordinator position for the Maintenance and Operation Budget and set salary at $ 45,923.
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
B. Approval of Revised Salary Schedule and Budget Amendment to fund New Position as noted in Item A in the amount of $9,500.00 to fund through the remainder of 2016.
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. 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
B. Approval of Revised Salary Schedule and Budget Amendment to fund New Position as noted in Item A in the amount of $9,500.00 to fund through the remainder of 2016.
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
Attachments:
11.
AI -57321
Request approval for payment of Claim in the amount of $1,397.50 to Terracon Consultants, Inc. for concrete material testing for the Mile 17 1/2 and Ware Rd Project.
Board Member Joseph Palacios stepped away from the meeting.
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
Board Member Joseph Palacios stepped away from the meeting.
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:
12.
AI -57331
Requesting approval of closing documents as they relate to Pct. 2 Fee Simple Right of Way Project - Parcel - 14.
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: 4 - 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: 4 - 0 -Unanimously
Attachments:
13.
AI -57296
Authority to publish and approval of qualifications, requirements and scope of services for the engagement of legal counsel to pursue all remedies available to the Hidalgo County Drainage District #1 in connection with the agreement between Hidalgo County Drainage District #1 and Integ Corporation as outlined/contained in the final Lee Law Firm Report
This item will be discuss during Closed Session.
No action taken on this item.
This item will be discuss during Closed Session.
No action taken on this item.
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. 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
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. 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
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 -57298
Review of Attorney-Client Priviledged Investigative Analysis Report with respect to potential litigation - Integ Corporation
No action taken on this item.
No action taken on this item.
15.
Open Session:
A.
Real Estate Acquisition
Board Member Joseph Palacios joined the meeting.
Proceed as Directed.
Board Member Joseph Palacios joined the meeting.
Proceed as Directed.
B.
Pending and/or Potential Litigation
Proceed as Directed.
Proceed as Directed.
C.
AI -57299
Review of AttoThe board did not returned to Item.13. no action was taken on that item.rney-Client Priviledged
Investigative Analysis Report with respect to potential litigation - Integ Corporation
No action taken on this item.
The board did not returned to Item.13. no action was taken on that item.
Investigative Analysis Report with respect to potential litigation - Integ Corporation
No action taken on this item.
The board did not returned to Item.13. no action was taken on that 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 COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court 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 November, 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 November 15, 2016.
Signed this 15th day of NOVEMBER 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 15th day of November, 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 November 15, 2016.
Signed this 15th day of NOVEMBER 2016
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy