SPECIAL MEETING - December 6, 2016
BE IT REMEMBERED, that on this 6th day of December 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 December 6, 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 not present during roll call.
Board Member Joseph Palacios 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 on behalf of LUPE organization requested the board to consider raising drainage standards from 10 years to 20 years. She notified of mutual conversations with Mr. Sesin regarding the same subject, however still requested increasing the standards.
2) K.C. Fletcher spoke in favor of the proposed water side walkway in the City of Pharr. Mr. Fletcher suggested turning some of the district ditches into water corridors for the wildlife.
1) Martha Sanchez on behalf of LUPE organization requested the board to consider raising drainage standards from 10 years to 20 years. She notified of mutual conversations with Mr. Sesin regarding the same subject, however still requested increasing the standards.
2) K.C. Fletcher spoke in favor of the proposed water side walkway in the City of Pharr. Mr. Fletcher suggested turning some of the district ditches into water corridors for the wildlife.
4.
Approval of Consent Agenda
Board Member Joseph Palacios joined the meeting.
The board approved the consent agenda.
Board Member Joseph Palacios joined the meeting.
The board approved the consent agenda.
5.
Discussion on Hidalgo County Drainage District No. 1 Drainage projects, maintenance and operations
Raul Sesin updated the board in regards to the East Lateral, Mercedes Lateral and South Mercedes Lateral which are bond projects. Additionally, on Mile 13 1/2 there's drainage construction being done, which the district is getting done with in-house forces. Also notifying that the Hoen Area rural drainage project in precinct 4, is almost complete. Another project is the Cesar Chavez and Minnesota area which is about the start.
Raul Sesin updated the board in regards to the East Lateral, Mercedes Lateral and South Mercedes Lateral which are bond projects. Additionally, on Mile 13 1/2 there's drainage construction being done, which the district is getting done with in-house forces. Also notifying that the Hoen Area rural drainage project in precinct 4, is almost complete. Another project is the Cesar Chavez and Minnesota area which is about the start.
6.
AI -57610
A. Request approval to create one (1) Information Technology Technician V position for the Maintenance & Operations Drainage Administration Budget and set salary at $50,744.
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: 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 $3,701.87 to fund through December 31, 2016
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. 1, A.C. CUELLAR, JR., 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 $3,701.87 to fund through December 31, 2016
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:
7.
AI -57602
A. Request approval to create one (1) Engineering Technician IV position for the Maintenance and Operations Budget and set salary at $45,923.
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. Approval of Revised Salary Schedule and Budget Amendment to fund new position as noted in Item A in the amount of $3,350.70 through December 31, 2016.
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: 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. Approval of Revised Salary Schedule and Budget Amendment to fund new position as noted in Item A in the amount of $3,350.70 through December 31, 2016.
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: 5 - 0 - Unanimously
Attachments:
8.
AI -57491
Authority to advertise and approval of plans and specifications developed by project engineer, S&B Infrastructure, LTD, for: Hidalgo County Drainage District No. 1 -"Pharr-McAllen South Drain Outfall Improvements at USIBWC Main Floodway" -RFB No. HCDD1-16-060-12-28, including the re-advertising of projects in the event no Bid responses are received and/or are rejected and project is still required.
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:
9.
AI -57594
A.) Requesting approval of closing documents for Parcel 24 as it relates to Pct. 2 Fee Simple Project.
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.) Pursuant to the Boards approval of Agenda Item No. 57594 (A). Requesting approval to issue manual payment in the amount of $35,869.13 to Sierra Title of Hidalgo County Inc. for order file no. 0003162523, Parcel 24.
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. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B.) Pursuant to the Boards approval of Agenda Item No. 57594 (A). Requesting approval to issue manual payment in the amount of $35,869.13 to Sierra Title of Hidalgo County Inc. for order file no. 0003162523, Parcel 24.
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 -57578
General Fund
Budget: 006-M&O
Request approval for Application for Payment No. 2 in the amount of $83,505.60 from RDH Site and Concrete, LLC related to Contract No. C-HCDD1-16-026-06-07 Tex Mex Drain Ditch Improvements.
PO#629640
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: 5 - 0 - Unanimously
Budget: 006-M&O
Request approval for Application for Payment No. 2 in the amount of $83,505.60 from RDH Site and Concrete, LLC related to Contract No. C-HCDD1-16-026-06-07 Tex Mex Drain Ditch Improvements.
PO#629640
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: 5 - 0 - Unanimously
Attachments:
11.
AI -57559
Requesting approval of "First Amendment" to the Agreement for Professional Services No.C-HCDD1-16-056A-11-15 with Quintanilla, Headley & Associates, Inc. for "Surveying Services (on call on as needed basis)" to reflect a revised/updated Scope of Services and Rates.
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:
12.
AI -57567
Requesting approval to award a service contract with Tru Bleu Pure Water, LLC, for the Lease of a Drinking Water System for the District's Shop for an initial cost of $490.00 and $195.00 per month for a period of five (5) years.(Subject to HB1295).
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:
13.
AI -57589
Concurrence and approval of Plans from TxDot of Proposed State Highway Improvement Project CSJ: 0669-01-049, FM 681 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:
14.
AI -57482
Requesting authority to advertise and approval of procurement packet (i.e., legal notice, specifications, draft contract etc.,) as attached hereto for: Hidalgo County Drainage District No. 1 - "Mowing and Various Maintenance Services for the Main Floodwater Channel (from FM490 to FM1420)”- RFB No.HCDD1-16-059-12-28, including the re-advertisement of project in the event no bids are received & project is still required.
Sesin mentioned that they're looking into doing maintenance from FM 490 to FM 1420 outside the ranch. This contract will help with increase the maintenance to least 3 times a year.
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
Sesin mentioned that they're looking into doing maintenance from FM 490 to FM 1420 outside the ranch. This contract will help with increase the maintenance to least 3 times a year.
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
15.
AI -57609
Request approval of a budget amendment in the amount of $ 581,600 from the District's General Fund. This amount is needed for District's maintenance and operations budget through December 31, 2016.
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
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
Attachments:
16.
AI -57571
In accordance with Water Code Section 49.057 and Subchapter A of Government Code, Section 2254, requesting approval to select and award the firm of Cowen Mask Blanchard for the provision of professional legal services/representation to pursue all remedies available to the Hidalgo County DD #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 and authority to submit letter of engagement
Sesin stated that action was to be taken after closed session.
Regarding Item.15. Judge Garcia questioned the justification of the transfer. With regards, Sesin stated that this is to increase the in-house work. Reminding the board that there's 50 bond projects, they had 25 and out of that 22 were job specific and 3 spur off more projects. Additionally, they are working on another 40 projects and the money will be for material.
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
Judge Garcia informed that the law firm of Cowen Mask Blanchard is a 10 lawyer firm out of San Antonio but have offices in McAllen and Brownsville.
Board proceeded to Item.21.
Sesin stated that action was to be taken after closed session.
Regarding Item.15. Judge Garcia questioned the justification of the transfer. With regards, Sesin stated that this is to increase the in-house work. Reminding the board that there's 50 bond projects, they had 25 and out of that 22 were job specific and 3 spur off more projects. Additionally, they are working on another 40 projects and the money will be for material.
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
Judge Garcia informed that the law firm of Cowen Mask Blanchard is a 10 lawyer firm out of San Antonio but have offices in McAllen and Brownsville.
Board proceeded to Item.21.
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. 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
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: 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 -57618
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 -57628
C-3877-16-C; Esau Zuniga-Gallegos v Hidalgo County, Texas, Hidalgo County Drainage District, et al
No action taken on this item.
No action taken on this item.
18.
Open Session:
A.
Real Estate Acquisition
Proceed as Directed.
Proceed as Directed.
B.
Pending and/or Potential Litigation
No action taken on this item.
No action taken on this item.
C.
AI -57619
Review of Attorney-Client Priviledged Investigative Analysis Report with respect to potential litigation - Integ Corporation
Sesin referred back to Item.16.
Sesin referred back to Item.16.
D.
AI -57629
C-3877-16-C; Esau Zuniga-Gallegos v Hidalgo County, Texas, Hidalgo County Drainage District, et al
Proceed as Directed.
Proceed as Directed.
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
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
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 6th day of December, 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 December 6, 2016.
Signed this 6th day of DECEMBER 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 6th day of December, 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 December 6, 2016.
Signed this 6th day of DECEMBER 2016
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy