SPECIAL MEETING - May 2, 2017
BE IT REMEMBERED, that on this 2nd day of May 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 May 2, 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
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
1) Martha Sanchez expressed gratitude on behalf of LUPE, ARISE and The Sierra Club, for the item on the agenda regarding the opposition to the border wall.
2) Virginia Townsend spoke in favor of the step and grade plan.
3) Jackelin Treviño on behalf of The Sierra Club stated support to pass the resolution that states that this government body stands in opposition of any levee border wall. She affirm that walls don't help the economy or the local ecology. According to Treviño, all levees mentioned have already been repaired using federal funds from the American Recovery and Reinvestment Act. Additionally, she added that the IBWC stated that all river levees have been submitted for FEMA certification. Also, FEMA stated that levees have match structure certification standards. What's more, if the levee wall is constructed, many cultural heritage sites will be lost. La Lomita Chapel in Mission will be lost, the wall will cut through Santa Ana National Wild Life Refuge and essentially blocking Bentsen State Park, amongst other sites.
4) Norma Aldape thanked the court for the future support to address drainage the colonia where she resides.
5) Fern McClaugherty voiced support for the construction of the levee wall, justifying that walls make good neighbors.
6) K.C. Fletcher thanked Commissioner Cantu for considering using the canal system throughout the county to make the neighbor an ecotourism.
7) Juanita Valdez-Cox encouraged the court to vote in favor of the resolution regarding opposition to the levee wall. She stated that in contrary to what Washington and in Austin believe, the communities are safe and despite Mayor Beto Salinas comments, they do not live in fear.
Board proceeded back to Item.6.
1) Martha Sanchez expressed gratitude on behalf of LUPE, ARISE and The Sierra Club, for the item on the agenda regarding the opposition to the border wall.
2) Virginia Townsend spoke in favor of the step and grade plan.
3) Jackelin Treviño on behalf of The Sierra Club stated support to pass the resolution that states that this government body stands in opposition of any levee border wall. She affirm that walls don't help the economy or the local ecology. According to Treviño, all levees mentioned have already been repaired using federal funds from the American Recovery and Reinvestment Act. Additionally, she added that the IBWC stated that all river levees have been submitted for FEMA certification. Also, FEMA stated that levees have match structure certification standards. What's more, if the levee wall is constructed, many cultural heritage sites will be lost. La Lomita Chapel in Mission will be lost, the wall will cut through Santa Ana National Wild Life Refuge and essentially blocking Bentsen State Park, amongst other sites.
4) Norma Aldape thanked the court for the future support to address drainage the colonia where she resides.
5) Fern McClaugherty voiced support for the construction of the levee wall, justifying that walls make good neighbors.
6) K.C. Fletcher thanked Commissioner Cantu for considering using the canal system throughout the county to make the neighbor an ecotourism.
7) Juanita Valdez-Cox encouraged the court to vote in favor of the resolution regarding opposition to the levee wall. She stated that in contrary to what Washington and in Austin believe, the communities are safe and despite Mayor Beto Salinas comments, they do not live in fear.
Board proceeded back to Item.6.
Attachments:
4.
Approval of Consent Agenda
No concerns presented, the court approved the entire consent agenda.
No concerns presented, the court approved the entire consent agenda.
5.
AI -59630
A.) Discussion on Hidalgo County Drainage District No. 1 projects, maintenance and operations:
Sesin informed that all these project are IBWC pump projects funded by the 2012 bond funding.
1.) East Donna Drain- Flood Pump - It was informed that this project is 50% complete, doubling the capacity of gravity flow and are also setting up a pump structure to close the gates in any event the water is too high inside the IBWC floodway.
2.) South Mercedes Drain - Flood Pump - This project is about to start and has the same contractor.
3.) Mercedes Lateral - Flood Pump - Sesin disclosed that this project is about 90% complete. This system will drained one of the systems on Mile 13 1/2 and FM 1015 area Los Olivarez and are currently working with precinct 1 commissioner to have an outreach with the community.
4.) Pharr McAllen South Drain Outfall Improvements at USIBWC Main Floodway - It was stated that this project was just awarded and are about to issue contract to start construction.
5.) Alamo Expressway Drainage Project - The district has taken over, they will advertise and put up for construction.
The board returned to Item.3.
Sesin informed that all these project are IBWC pump projects funded by the 2012 bond funding.
1.) East Donna Drain- Flood Pump - It was informed that this project is 50% complete, doubling the capacity of gravity flow and are also setting up a pump structure to close the gates in any event the water is too high inside the IBWC floodway.
2.) South Mercedes Drain - Flood Pump - This project is about to start and has the same contractor.
3.) Mercedes Lateral - Flood Pump - Sesin disclosed that this project is about 90% complete. This system will drained one of the systems on Mile 13 1/2 and FM 1015 area Los Olivarez and are currently working with precinct 1 commissioner to have an outreach with the community.
4.) Pharr McAllen South Drain Outfall Improvements at USIBWC Main Floodway - It was stated that this project was just awarded and are about to issue contract to start construction.
5.) Alamo Expressway Drainage Project - The district has taken over, they will advertise and put up for construction.
The board returned to Item.3.
6.
AI -59365
2013 Bonds
Budget 300-J-09 Project
Pct.4
Approval to issue payment on the following item:
Invoice No. PP22-26 2016 in the amount of $145,522.04 from Hidalgo County Precinct No. 4 for reimbursement of labor, machine hours and fuel related to the construction of the J-09 Project (Pay Periods 22 through 26 of 2016).
Project Engineer: Tedsi Infrastructure Group
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
Budget 300-J-09 Project
Pct.4
Approval to issue payment on the following item:
Invoice No. PP22-26 2016 in the amount of $145,522.04 from Hidalgo County Precinct No. 4 for reimbursement of labor, machine hours and fuel related to the construction of the J-09 Project (Pay Periods 22 through 26 of 2016).
Project Engineer: Tedsi Infrastructure Group
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:
7.
AI -59599
Requesting authority to advertise and approval of procurement packet (i.e. specifications/requirements, legal notice, draft requirement agreement etc) as attached hereto for: Hidalgo County Drainage District No. 1-“Fuel -Gasoline and Diesel (On & Off Highway)”-RFB No.: HCDD1-17-029-05-24. Including the re-advertising of project in the event no Bid responses are received and/or are rejected and project is still required.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, 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, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
8.
AI -59600
A. Requesting approval of closing documents for Parcel 22E as it relates to La Joya Bypass Outfall Ditch Project and authority of the Chairman of the Board to execute documents.
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 Agenda Item No. 59600 (A), requesting approval to issue manual payment in the amount of $37,939.39 to Sierra Title of Hidalgo County, Inc. Order File No. 0003165862, Parcel 22E.
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
B. Pursuant to the Boards approval of Agenda Item No. 59600 (A), requesting approval to issue manual payment in the amount of $37,939.39 to Sierra Title of Hidalgo County, Inc. Order File No. 0003165862, Parcel 22E.
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:
9.
AI -59602
A. Requesting approval of closing documents for Parcel 37E as it relates to La Joya Bypass Outfall Ditch Project and authority of the Chairman of the Board to execute documents.
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 Agenda Item No. 59602 (A), requesting approval to issue manual payment in the amount of $22,478.13 to Sierra Title of Hidalgo County, Inc. Order File No. 0003161347, Parcel 37E.
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
B. Pursuant to the Boards approval of Agenda Item No. 59602 (A), requesting approval to issue manual payment in the amount of $22,478.13 to Sierra Title of Hidalgo County, Inc. Order File No. 0003161347, Parcel 37E.
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:
10.
AI -59611
A.) Requesting approval to submit to TCEQ the Affected Property Assessment Report Prepared by Halff & Associates as it relates to the Abandoned Rifle / Handgun Firing Range Located at the HCDD1 yard and approval for General Manager to execute.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
B.) Requesting approval to submit to TCEQ the Response Action Completion Report Prepared by Halff & Associates as it relates to the Abandoned Rifle / Handgun Firing Range Located at the HCDD1 yard and approval for General Manager to execute.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, 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, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
B.) Requesting approval to submit to TCEQ the Response Action Completion Report Prepared by Halff & Associates as it relates to the Abandoned Rifle / Handgun Firing Range Located at the HCDD1 yard and approval for General Manager to execute.
On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
11.
AI -59625
Requesting approval to purchase One (1) 2016 Peterbilt 389 Winch Truck through the Hidalgo County Drainage District No. 1 membership/participation with BuyBoard's awarded contract to Rush Truck Centers of Texas, LP (Contract #521-16) in the total amount of $222,143.22 including 5yr/250,000 Miles Extended Warranty, and 5 yr/200,000 Miles After-treatment Extended Warranty.
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 -59637
A.) Approval of Letter to Honorable Congressman Michael McCaul in reference to clarification on the County of Hidalgo Texas position regarding a border wall.
Judge Ramon Garcia explained that even when they acted on the initial letter, they advised congress their opposition against the border wall. However, at that time, they were visited by congressman after congressman who talked about building a border wall and spending millions of dollars building the wall. At that moment, they said they were against it but if all the money was going to be wasted, then for them to consider using that money to re-enforce the levees and getting some good for the area. The judge clarified that this wad intent of that initial letter. He stressed to the community that Commissioners Court is totally opposed to the construction of the border wall.
Commissioner Cantu stated agreement with the approval of the letter, he asked Sesin to brief the court in regards to the current stage of the levees
Raul Sesin responded that there are levees which have been constructed and certified by the IBWC on the water side, but have not received certification on the land side which is outside the levee portion. Accreditation is a big part to be able to say levees are ready and start moving or updating FEMA maps. According to Sesin, they are still back to 2008 because they have not received accrediting by FEMA that will allow them to start the process to update flood maps for the county. The IBWC has certified levees but they have not be accredited by FEMA. Sesin noted that there's an issue on the landslide that needs to be address, they have reached to FEMA on several occasions and all they have been told is to be patient. The accreditation will not come until they address the landslide certification. Everything has been certified has been inside the water. Sesin explained that if there's an event like what happened in New Orleans which was the landslide that caused the flooding after Katrina was because the landslide provoke the levee to fail. As far as Sesin is aware of, they still need to study the landslide. He made clear that no one in the Drainage District office approves of the border wall.
Commissioner Cantu noted that the levees and the border wall are two separate issues, and they are against any border wall. However, he does not want to put factually incorrect information neither on the resolution or the letter.
Commissioner Palacios added that he too is against the border wall, but understands they do have FEMA issues.
Commissioner Fuentes stated that the only conversation he has had with a constituent is that he is for anything that improves the levees and increases capacity.
Sesin confirmed with the judge that failure to obtain the accreditation, it will have an impact on the insurance. As per Sesin, back in 2008 the county partnered with the federal government to basically get the levees improved after the Katrina incident. Levees had to be certified to make sure they were adequately constructed and could hold up an event.
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.) Approval of Resolution in Opposition to the Construction of Border Walls in Hidalgo County, Texas.
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
Judge Ramon Garcia explained that even when they acted on the initial letter, they advised congress their opposition against the border wall. However, at that time, they were visited by congressman after congressman who talked about building a border wall and spending millions of dollars building the wall. At that moment, they said they were against it but if all the money was going to be wasted, then for them to consider using that money to re-enforce the levees and getting some good for the area. The judge clarified that this wad intent of that initial letter. He stressed to the community that Commissioners Court is totally opposed to the construction of the border wall.
Commissioner Cantu stated agreement with the approval of the letter, he asked Sesin to brief the court in regards to the current stage of the levees
Raul Sesin responded that there are levees which have been constructed and certified by the IBWC on the water side, but have not received certification on the land side which is outside the levee portion. Accreditation is a big part to be able to say levees are ready and start moving or updating FEMA maps. According to Sesin, they are still back to 2008 because they have not received accrediting by FEMA that will allow them to start the process to update flood maps for the county. The IBWC has certified levees but they have not be accredited by FEMA. Sesin noted that there's an issue on the landslide that needs to be address, they have reached to FEMA on several occasions and all they have been told is to be patient. The accreditation will not come until they address the landslide certification. Everything has been certified has been inside the water. Sesin explained that if there's an event like what happened in New Orleans which was the landslide that caused the flooding after Katrina was because the landslide provoke the levee to fail. As far as Sesin is aware of, they still need to study the landslide. He made clear that no one in the Drainage District office approves of the border wall.
Commissioner Cantu noted that the levees and the border wall are two separate issues, and they are against any border wall. However, he does not want to put factually incorrect information neither on the resolution or the letter.
Commissioner Palacios added that he too is against the border wall, but understands they do have FEMA issues.
Commissioner Fuentes stated that the only conversation he has had with a constituent is that he is for anything that improves the levees and increases capacity.
Sesin confirmed with the judge that failure to obtain the accreditation, it will have an impact on the insurance. As per Sesin, back in 2008 the county partnered with the federal government to basically get the levees improved after the Katrina incident. Levees had to be certified to make sure they were adequately constructed and could hold up an event.
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.) Approval of Resolution in Opposition to the Construction of Border Walls in Hidalgo County, Texas.
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 -59642
Requesting approval of the following Work Authorizations as submitted by Millennium Engineering Group, Inc. related to the awarded professional agreement Number C-HCDD1-17-001-01-10 for the provision of Construction Materials Testing Services for:
A) Work Authorization No. 1 - Mercedes Lateral Flood Pumps project in the amount of $21,704.50.
B) Work Authorization No. 2 - East Donna Drain Flood Pumps project in the amount of $26,550.75.
C) Work Authorization No. 3 - South Mercedes Drain Flood Pumps project in the amount of $22,409.25.
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 on A to C.
Vote: 5 - 0 – Unanimously
A) Work Authorization No. 1 - Mercedes Lateral Flood Pumps project in the amount of $21,704.50.
B) Work Authorization No. 2 - East Donna Drain Flood Pumps project in the amount of $26,550.75.
C) Work Authorization No. 3 - South Mercedes Drain Flood Pumps project in the amount of $22,409.25.
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 on A to C.
Vote: 5 - 0 – Unanimously
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. 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
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 2nd day of May, 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 May 2, 2017.
Signed this 2nd day of MAY 2017
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 2nd day of May, 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 May 2, 2017.
Signed this 2nd day of MAY 2017
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy