SPECIAL MEETING - November 22, 2016
BE IT REMEMBERED, that on this 22nd 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 22, 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
Raul Sesin led the courtroom in Prayer.
Raul Sesin led the courtroom in Prayer.
3.
Open Forum
1) Martha Sanchez, LUPE organization informed that they are schedule to hold a meeting with Commissioner Flores in January.
1) Martha Sanchez, LUPE organization informed that they are schedule to hold a meeting with Commissioner Flores in January.
Attachments:
4.
Approval of Consent Agenda
The board approved the consent agenda for the exception of Item.6 to be further discuss.
The board approved the consent agenda for the exception of Item.6 to be further discuss.
5.
Discussion on Hidalgo County Drainage District No. 1 Drainage projects, maintenance and operations
Raul Sesin informed of the meeting held with members of LUPE and ARISE, at the meeting they discussed projects for precinct 2 and other county wide. There's request to coordinate another meeting with precinct 3 to discuss projects.
Raul Sesin informed of the meeting held with members of LUPE and ARISE, at the meeting they discussed projects for precinct 2 and other county wide. There's request to coordinate another meeting with precinct 3 to discuss projects.
6.
AI -57240
A. Discussion and action on tax resale bids received on the properties described as follows: (see attached list).
Gus Martinez informed that 35 properties were sold under the tax resale, if approved it will inject $1.2 million back to the tax roll.
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
B. Discussion and action on resolution for tax resale bid properties.
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
Gus Martinez informed that 35 properties were sold under the tax resale, if approved it will inject $1.2 million back to the tax roll.
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
B. Discussion and action on resolution for tax resale bid properties.
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
Attachments:
7.
AI -57439
Requesting approval of a drainage easement acquisition from Gayle Jackson, being a 20.00 foot wide drainage easement containing 0.606 of an acre and being the east of 20.00 feet of Farm Tract 1119 of the West and Adams Tract Subdivision.
Sesin informed that this is a project for precinct 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
Sesin informed that this is a project for precinct 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
Attachments:
8.
AI -57411
A.) Requesting approval of final negotiated Professional Services Agreement with Millennium Engineers Group, Inc., as it relates to Material Testing Services for Kenyon Rd. & Mile 17 Area Drainage Improvements Project. Approved for negotiations by HCDD1 Board of Directors on June 14, 2016.
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
B.) Pursuant to the Boards approval of Professional Services Agreement with Millennium Engineers Group, Inc., requesting approval of Work Authorization No. 1 in the amount of $24,828.25 as it relates to On Call Construction Material Testing Services for Kenyon Rd. & Mile 17 Area Drainage Improvements 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
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
B.) Pursuant to the Boards approval of Professional Services Agreement with Millennium Engineers Group, Inc., requesting approval of Work Authorization No. 1 in the amount of $24,828.25 as it relates to On Call Construction Material Testing Services for Kenyon Rd. & Mile 17 Area Drainage Improvements 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
Attachments:
9.
AI -57435
A.) Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A)(4) for a Professional Service.
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
B.) Presentation of scoring grid (for purposes or ranking by HCDD1 Board of Directors) of the firms graded and evaluated through the District's approved "Pool" of Engineering Firms for the provision of "Construction Material Testing" for Flood Pump Drainage Improvements Projects at Mercedes Lateral, East Donna Drain, South Mercedes Drain and Weslaco Drain.
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
C.) Requesting authority for Drainage District to negotiate a Professional Agreement for Engineering Services with the number one ranked firm of Millennium Engineering Group, as it relates to Construction Material Testing for Flood Pump Drainage Improvements Projects at Mercedes Lateral, East Donna Drain, South Mercedes Drain, and Weslaco Drain.
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
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
B.) Presentation of scoring grid (for purposes or ranking by HCDD1 Board of Directors) of the firms graded and evaluated through the District's approved "Pool" of Engineering Firms for the provision of "Construction Material Testing" for Flood Pump Drainage Improvements Projects at Mercedes Lateral, East Donna Drain, South Mercedes Drain and Weslaco Drain.
| FIRM NAME: | SCORE: | RANK: |
| MILLENNIUM ENGINEERS GROUP | 98 | 1 |
| INTERNATIONAL CONSULTING ENGINEERS | 94 | 3 |
| TERRACON CONSULTANTS, INC | 97 | 2 |
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
C.) Requesting authority for Drainage District to negotiate a Professional Agreement for Engineering Services with the number one ranked firm of Millennium Engineering Group, as it relates to Construction Material Testing for Flood Pump Drainage Improvements Projects at Mercedes Lateral, East Donna Drain, South Mercedes Drain, and Weslaco Drain.
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
10.
AI -57461
Requesting approval to submit Application for Service to Sharyland Water Supply Corporation and approval for District General Manager to sign as it relates to water service for The North 1.0 Acre of the East 20.0 acres of Lot 8, Section 236.
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
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 -57451
2012 Bond Referendum
A. Request approval to amend the 2012 bond resolution relating to the authorization to issue bonds for the Raymondville Drain Project.
B. Request approval of a resolution of the Board of Directors of Hidalgo County Drainage District No. 1, authorizing filing of a petition for Declaratory Action relating to issuance of the District $100 million in authorized by unissued tax bonds, and approving other matters incident thereto.
C. Request approval and permission for the District to file Declaratory Action and Authorization to have such filing be prepare and filed by the District Bond Counsel, Jesus Ramirez, under the term of the current engagement between the Hidalgo County Drainage District No. 1 and The J. Ramirez Law Firm.
Action to be taken on this item after closed session.
The court proceeded to Item.13.
After Closed Session No action was taken on Item.11.A, B, and C.
Court proceeded to Item.12.
A. Request approval to amend the 2012 bond resolution relating to the authorization to issue bonds for the Raymondville Drain Project.
B. Request approval of a resolution of the Board of Directors of Hidalgo County Drainage District No. 1, authorizing filing of a petition for Declaratory Action relating to issuance of the District $100 million in authorized by unissued tax bonds, and approving other matters incident thereto.
C. Request approval and permission for the District to file Declaratory Action and Authorization to have such filing be prepare and filed by the District Bond Counsel, Jesus Ramirez, under the term of the current engagement between the Hidalgo County Drainage District No. 1 and The J. Ramirez Law Firm.
Action to be taken on this item after closed session.
The court proceeded to Item.13.
After Closed Session No action was taken on Item.11.A, B, and C.
Court proceeded to Item.12.
12.
AI -57428
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
Action to be taken after closed session.
Judge Garcia clarified that this is to authorize the hiring of a lawyer to enforce and persecute any methods available for the district.
Additionally, any lawyer hired will have to be under contingency fee bases. The law firm will have to fund the expenses however, if prevails they'll be reimbursed and not other wise.
Mr. Valde Guerra informed that the process to hire a lawyer, any action taken on the agenda item has to take a process for the eventual hiring.
Martha Salazar stated that this will allow the purchasing department to publish an RFQ. Further, stating that it will be until the end of December or the beginning of January to receive statements of qualification from a firm in order to evaluate.
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
Court proceeded to Item.17.
Action to be taken after closed session.
Judge Garcia clarified that this is to authorize the hiring of a lawyer to enforce and persecute any methods available for the district.
Additionally, any lawyer hired will have to be under contingency fee bases. The law firm will have to fund the expenses however, if prevails they'll be reimbursed and not other wise.
Mr. Valde Guerra informed that the process to hire a lawyer, any action taken on the agenda item has to take a process for the eventual hiring.
Martha Salazar stated that this will allow the purchasing department to publish an RFQ. Further, stating that it will be until the end of December or the beginning of January to receive statements of qualification from a firm in order to evaluate.
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
Court proceeded to Item.17.
13.
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. 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
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. 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
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 -57463
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.
D.
AI -57466
Potential Litigation - 2012 Bond Resolution
No action taken on this item.
No action taken on this item.
14.
Open Session:
A.
Real Estate Acquisition
Board Member Eduardo "Eddie" Cantu joined the meeting.
No action taken on this item.
Board Member Eduardo "Eddie" Cantu joined the meeting.
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 -57464
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.
D.
AI -57467
Potential Litigation - 2012 Bond Resolution
No action taken on this item.
Court proceeded back to Item.11.A, B, C.
No action taken on this item.
Court proceeded back to Item.11.A, B, C.
15.
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.
16.
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.
17.
Adjourn
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
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 22nd 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 22, 2016.
Signed this 22nd 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 22nd 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 22, 2016.
Signed this 22nd 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