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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - January 10, 2017

BE IT REMEMBERED, that on this 10th day of January A.D., 2017, 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 DAVID FUENTES

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
January 10, 2017
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 Joe Flores was not present during roll call.
 
2.
 
Prayer

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

1)
Norma Aldape, LUPE organization and resident of Los Olivares Acres Subdivision, disclosed the support for the 25 year increase in the drainage requirements. Additionally, requesting the approval by the drainage board to allow constituents to be able to provide their input in the subdivision advisory board.

2) Ana Maria Gonzalez petitioned the board to assign enough money for the much needed drainage improvements in the colonias. Gonzalez invited the members to participate in a press conference where they'll discuss their expectations for drainage.

Board Member Joe M. Flores joined the meeting.

3) Maria Gonzalez, ARISE Group informed that she lives in a subdivision located in Donna, TX. Notifying that the constant standing water carries trash throughout the neighborhood affecting the entrance to the subdivision.

Board Member Joseph Palacios stepped away from the meeting.

4) Marcela Alejandre, LUPE, invited the court to participate in the support of immigrant families. The marcha will be held Saturday, January 14 at the McAllen Municipal Park.

Drainage District recessed to open regular commissioners court meeting.
 
4.
 
Approval of Consent Agenda

The board approved the entire consent agenda.
 
5.
AI -57981
Discussion on Hidalgo County Drainage District No. 1 projects, maintenance and operations:
A.) Projects designed by HCDD1 Engineers

Raul Sesin informed that there has been over twenty-two in-house project designs this past year, seventeen have been completed with an estimate of about $7.7 million dollars worth of improvements. Additionally, there's still about $3.7 million dollars worth of work still in construction, for a total of $11.4 million dollars worth of work that has been designed in-house with district engineers. A lot of the projects address regional drainage issues and colonia issues. Other projects currently under construction are the Mile 6 north of Mile 14 and Mile 17 1/2 specifically addressing outfalls. 

B.) Projects built by HCDD1 Maint. & Operations

Sesin notified that they have been working with existing systems and also with the irrigation district, they been able to improve 46 miles of drainage in part to the combination of the drainage system and the irrigation system. Although, the irrigation system primarily serves cultural land with the participation of  interlocal agreements they have been able to improve those ditches for the first time. About 32 miles of improvement work was done this past year. Sesin said they are currently working on developing exhibits to present the work done.

Board Member David Fuentes joined the meeting.
 
6.
AI -57998
Approval of Elected Official Bond - Pablo (Paul) Villarreal, Jr. - Tax Assessor/Collector

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
 
7.
AI -58000
A.) Requesting approval of final negotiated Agreement for Professional Engineering Services with Halff Associates, Inc., as it relates to New Administration Facility & Site Improvements Project (Contract # C-HCDD1-17-002-01-10).  Approved for negotiations by the HCDD1 Board of Directors on June 20, 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

B.) Pursuant to the Boards Approval of Professional Agreement with Halff Associates, Inc, requesting approval of Work Authorization No. 1 in the amount of $96,000.00, Engineering Services for New Administration Facility & Site Improvements Project (Contract # C-HCDD1-17-002-01-10 WA-1). 

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:
 
8.
AI -57839
Action to cancel the procurement project authorized on 11-01-16 [Reg. AI#57130] for the publication of an RFP/Q:  Legal Counsel in connection with all remedies available to HCDD#1 and the agreement with Integ Corporation as outlined/contained in final report from The Lee Law Firm.

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:
 
9.
AI -57854
Requesting approval of final negotiated Professional Services Agreement with Millennium Engineers Group, Inc., as it relates to Material Testing Services for Flood Pump Drainage Improvements Projects at Mercedes Lateral, East Donna Drain, South Mercedes Drain and Weslaco Drain. Approved for negotiations by HCDD1 Board of Directors on November 22, 2016 (Contract # C-HCDD1-17-001-01-10).

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
Attachments:
 
10.
AI -57942
Ratification of the fully executed Change Orders No. 1, in connection with contract No. C-HCDD1-16-045-09-27 -Hidalgo County Drainage District No. 1 "Kenyon Road & Mile 17 Area Drainage Improvements Project" as recommended and approved by  Mr. Raul Sesin, P.E. subject to compliance with HB1295.

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

Sesin informed that the change is of $31,084.78
 
11.
AI -57958
Requesting approval of yearly renewal for maintenance, updates and support service with Environmental Systems Research Institute, Inc. (ESRI) as it relates to ARCGIS Software in the amount $9,200.00.

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:
 
12.
AI -57977
Requesting approval of closing documents for the following parcels and authority for Chairman of the Board to sign as it relates to Hidalgo County Regional Mobility Authority State Highway 365 Project:
A.) Parcel 80B for $11,356
B.) Parcel 110 for $628
C.) Parcel 112A for $20.00
D.) Parcel 113A for $24.00

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
 
13.
AI -57960
A.) Requesting approval of closing documents for Parcel 23 as it relates to Pct. 2 Fee Simple Project and authority for the Chairman of the Board to execute documents.

On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously

B.) Pursuant to the Boards approval of Agenda Item No. 57960 (A), requesting approval to issue manual payment in the amount of $12,414.63 to Sierra Title of Hidalgo County, Inc. Order File No. 0003162524 Parcel 23.  

On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

 Vote: 5 - 0 - Unanimously
Attachments:
 
14.
AI -57959
Requesting acceptance and approval of Donation Deed from San Mateo Investments, LLC. 

Mr. Sesin informed the board that this is for the project of Canyon and of Mile 17 as it was one of the most impacted areas from the last rain event. With the donation they'll create a drainage system and provide an outfall to an existing rural subdivision, the total is 9.21 acres and the district is working on all the design. The project is expected to be completed in about 3 months.

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:
 
15.
AI -57985
Requesting approval to accept TML Check No. 5337963 in the amount of $5,536.98 as it relates to Claim No. AU48759. 

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:
 
16.
AI -58006
Request approval of a claim # SWBT-08-201606-05-0142 to ATT in the amount of $2,372.00.  Damage to lines were caused by the District's maintenance workers at the La Quinta Dr at Ramada St., Pharr, Texas

On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
Attachments:
 
17.
AI -57950
A. Discussion and approval of all personnel action approved after September 27, 2016 (2017 Budget Adoption date) for the District Maintenance and Operation and Administration as previously approved on November 15, and December 06, of 2016.
 
Action Dept Slot Number Approved Position Title Approved Budgeted Salary Proposed Budgeted Salary  
Create Adm-003 18 IT Technician V          50,744.00               50,744.00  
Create  M&O-006 142 Engineer Tech IV          45,923.00               45,923.00  
Create M&O-006 143 ROW and Utility Coordinator          45,923.00               45,923.00  

B. Request approval of Budget amendments from the District General Fund in the amount of $197,477.40 the above mention positions and fringes for 2017.

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 on A and B.

Vote: 5 - 0 – Unanimously
 
18.
AI -57999
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 Gilberto Hinojosa for the provision of professional legal services/representation in connection with litigation and authority to submit letter of engagement

Board will proceed with action after Closed Session.

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

Board proceeded to Item.23
 
19.
 
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. 4, JOSEPH PALACIOS, 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.
 
B.
 
Pending and/or Potential Litigation

No action taken on this item.
 
C.
AI -57842
C-0262-16-G; Teresa Barrera et al v. Hidalgo County, Texas and Hidalgo County Drainage District No. 1

No action taken on this item.
 
D.
AI -57996
C-5741-16-H; Efrain Acuna et al v. Hidalgo County, Texas & Hidalgo County Drainage District No.1

No action taken on this item.
 
20.
 
Open Session:
 
A.
 
Real Estate Acquisition

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

No action taken on this item.
 
C.
AI -57843
C-0262-16-G; Teresa Barrera et al v. Hidalgo County, Texas and Hidalgo County Drainage District No. 1

Proceed as Directed.
 
D.
AI -57997
C-5741-16-H; Efrain Acuna et al v. Hidalgo County, Texas & Hidalgo County Drainage District No.1

Refer to Item.18.
 
21.
 
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
22.
 
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
23.
 
Adjourn

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
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 10th day of January, 2017

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 January 10, 2017.

Signed this 10th  day of JANUARY 2017




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


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