SPECIAL MEETING - July 11, 2017
BE IT REMEMBERED, that on this 11th day of July 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 JOSEPH PALACIOS |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 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 July 11, 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 M. Flores was not present at the meeting.
Board Member Eduardo "Eddie" Cantu was not present during roll call.
Board Member Joe M. Flores was not present at the meeting.
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
Board Member Eduardo "Eddie" Cantu joined the meeting.
1) Josabel Heredia resident of La Piñata colonia in the City of Donna, informed the court that months ago construction began in the front entrance of la colonia, but it has stopped. The standstill has caused inconvenience when vehicles try to enter the subdivision, and is worried about future flooding.
2) Rosa Maria Valles representing ARISE, thanked Commissioner Fuentes for sending a representative to speak with them regarding concerns.
3) Andrea Landeros, on behalf of ARISE, thanked Commissioner Cantu and Raul Sesin for attending a meeting with residents of Plena Vista to consider establishing new drainage.
Board Member Eduardo "Eddie" Cantu joined the meeting.
1) Josabel Heredia resident of La Piñata colonia in the City of Donna, informed the court that months ago construction began in the front entrance of la colonia, but it has stopped. The standstill has caused inconvenience when vehicles try to enter the subdivision, and is worried about future flooding.
2) Rosa Maria Valles representing ARISE, thanked Commissioner Fuentes for sending a representative to speak with them regarding concerns.
3) Andrea Landeros, on behalf of ARISE, thanked Commissioner Cantu and Raul Sesin for attending a meeting with residents of Plena Vista to consider establishing new drainage.
Attachments:
4.
Approval of Consent Agenda
The board moved to approve the entire Consent Agenda.
The board moved to approve the entire Consent Agenda.
A.
AI -60470
Request approval of Notice to Suspend Work issued to Jimenez Engineering Solutions, LLC dba International Consulting Engineers, related to Construction Contract No. C-HCDD1-17-005-02-21 -.PHARR-MCALLEN SOUTH DRAIN OUTFALL IMPROVEMENTS AT USIBWC MAIN FLOODWAY. Effective: 05/23/17.
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: 4 - 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: 4 - 0 - Unanimously
Attachments:
B.
AI -60554
Requesting Approval of Right of Entry request from Benchmark Utility Contractors, Inc and authorization for Drainage District General Manager to execute as it relates to FM 907 Temporary Poles Property ID No. 20407595.
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: 4 - 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: 4 - 0 - Unanimously
Attachments:
C.
AI -60634
1. Request approval of claim number SWBT-08-201703 , in the amount of $882.21 to ATT - Texas, for damage to cables while District employees placed cement pipes along FM 491 and Mile 19.
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: 4 - 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: 4 - 0 - Unanimously
D.
AI -60652
A.) Discussion, consideration and approval of Proposed Agreed Order Docket No. 2017-0541-WQ-E and authority for Hidalgo County Drainage District No. 1 General Manager or his designee to execute.
Sesin explained that the permit expired in 2012, they were notified of it in 2017. Currently, they are working with Mr. Martin from environmental to get the permit up to date.
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: 4 - 0 – Unanimously
B.) Discussion and approval of Proposed Supplemental Environmental Project (SEP) application to resolve proposed agreed order by using the assessed penalty to address issues with scrap tire or illegal waste dumpsites with authority for Hidalgo County Drainage District No. 1 General Manager or his designee to execute.
Raul Sesin disclosed that this was a $15,000 fine, $12,000 was applied and $3,000 waived. The $12,000 will be devoted to clean up efforts.
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
Sesin explained that the permit expired in 2012, they were notified of it in 2017. Currently, they are working with Mr. Martin from environmental to get the permit up to date.
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: 4 - 0 – Unanimously
B.) Discussion and approval of Proposed Supplemental Environmental Project (SEP) application to resolve proposed agreed order by using the assessed penalty to address issues with scrap tire or illegal waste dumpsites with authority for Hidalgo County Drainage District No. 1 General Manager or his designee to execute.
Raul Sesin disclosed that this was a $15,000 fine, $12,000 was applied and $3,000 waived. The $12,000 will be devoted to clean up efforts.
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
Attachments:
5.
AI -60526
A.) Requesting approval to accept Letter of Termination of Bond Counsel from Ramirez & Guerrero, LLP.
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: 4 - 0 – Unanimously
B.) Requesting exemption from Competitive Bidding requirements under Texas Local Government Code, Section 262.024 (a) "Professional Services" with the Law Firm, The J. Ramirez Law Firm, in connection with legal representation as it pertains to Bond Counsel.
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: 4 - 0 – Unanimously
C). Requesting approval to accept Letter of Engagement for Bond Counsel from The J. Ramirez Law Firm.
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: 4 - 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: 4 - 0 – Unanimously
B.) Requesting exemption from Competitive Bidding requirements under Texas Local Government Code, Section 262.024 (a) "Professional Services" with the Law Firm, The J. Ramirez Law Firm, in connection with legal representation as it pertains to Bond Counsel.
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: 4 - 0 – Unanimously
C). Requesting approval to accept Letter of Engagement for Bond Counsel from The J. Ramirez Law Firm.
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: 4 - 0 – Unanimously
Attachments:
6.
AI -60525
A. Requesting exemption from competitive bidding requirements, under Texas Local Govt. Code 262.024(a) (4) a professional service in connection with Legal Representation Services for Hidalgo County Drainage District No. 1.
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: 4 - 0 – Unanimously
B. Approval of Letter of Engagement with authority to engage the Firm of Atlas Hall & Rodriguez in connection with Legal Representation Services for Hidalgo County Drainage District No. 1.
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: 4 - 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: 4 - 0 – Unanimously
B. Approval of Letter of Engagement with authority to engage the Firm of Atlas Hall & Rodriguez in connection with Legal Representation Services for Hidalgo County Drainage District No. 1.
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: 4 - 0 – Unanimously
Attachments:
7.
AI -60536
Request approval of the following items after review and audit procedures are complete:
A. Change Order No. 4 in the amount of $(14,966.00) pertaining to Construction Contract No. HCDD1-16-006-04-26 J09 Drain Improvements Phase II and addition of 126 Contract Days.
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
B. Certificate of Construction Completion from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-16-006-04-26 J09 Drain Improvement Phase II.
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: 4 - 0 – Unanimously
C. Application for Payment No. 7-Retainage Release in the amount of $74,431.74 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-16-006-04-26 J09 Drain Improvements Ph. II.
Project Engineer: Tedsi Infrastructue Group
PO#629475
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: 4 - 0 – Unanimously
A. Change Order No. 4 in the amount of $(14,966.00) pertaining to Construction Contract No. HCDD1-16-006-04-26 J09 Drain Improvements Phase II and addition of 126 Contract Days.
On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
B. Certificate of Construction Completion from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-16-006-04-26 J09 Drain Improvement Phase II.
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: 4 - 0 – Unanimously
C. Application for Payment No. 7-Retainage Release in the amount of $74,431.74 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-16-006-04-26 J09 Drain Improvements Ph. II.
Project Engineer: Tedsi Infrastructue Group
PO#629475
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: 4 - 0 – Unanimously
Attachments:
8.
AI -60532
Requesting approval of final negotiated Agreement for Professional Services with Millennium Engineers Group, as it relates to Professional Construction Materials Testing Services -Precinct No. 1 Projects (Agreement No. C-HCDD1-17-035-07-11). Approved for negotiations by HCDD1 Board of Directors on June 13, 2017 . ( Subject to Legal Review and compliance to Form HB1295).
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: 4 - 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: 4 - 0 - Unanimously
9.
AI -60527
"For the purpose of seeking financial assistance through a grant in the amount not to exceed $10,000,000 to provide for the cost of development of the Raymondville Drain, Project for Flood Control.
Sesin explained that this funding will allow to start the construction phase, allocations will be for construction purpose only.
A. Acceptance and approval of attached resolution entitled "Application Filing and Authorized Representative Resolution."
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
B. Acceptance and approval of filing of the application to the Texas Water Development Board and the Chairman of the Board, as official representative, to execute the attached "Application Affidavit."
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: 4 - 0 – Unanimously
Sesin explained that this funding will allow to start the construction phase, allocations will be for construction purpose only.
A. Acceptance and approval of attached resolution entitled "Application Filing and Authorized Representative Resolution."
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
B. Acceptance and approval of filing of the application to the Texas Water Development Board and the Chairman of the Board, as official representative, to execute the attached "Application Affidavit."
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: 4 - 0 – Unanimously
Attachments:
10.
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.
11.
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.
12.
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.
13.
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.
14.
Adjourn
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: 4 - 0 – Unanimously
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: 4 - 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 11th day of July, 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 July 11, 2017.
Signed this 11th day of JULY 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 11th day of July, 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 July 11, 2017.
Signed this 11th day of JULY 2017
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy