SPECIAL MEETING - September 5, 2017
BE IT REMEMBERED, that on this 5th day of September 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 September 5, 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) Virginia Townsand spoke in regards to the new subdivision rules and asked the court to be more strict with developers.
1) Virginia Townsand spoke in regards to the new subdivision rules and asked the court to be more strict with developers.
Attachments:
4.
Approval of Consent Agenda
The board moved to approve the entire consent agenda.
The board moved to approve the entire consent agenda.
5.
AI -61448
Presentation and acceptance of Independent Audit Report for the year ending December 31, 2016.
Richard Longoria from Burton McCumber & Cortez encouraged members to meet with them for any additional questions regarding the audit.
Adel Felix from Burton McCumber & Cortez presented the Hidalgo County Drainage District No.1, December 31, 2016 audit; and review the professional standards. She informed that the fieldwork began in May 2017, later than anticipated. No disagreements with management.
The report presented a statement of net position as of December 31, 2016 with total assets of $246 million which is an increase of $4 million dollars. Total liabilities $161 million which is a decrease of $2 million from prior year. Felix informed that the general fund revenue decreased $5 million because in 2015 they received a grant for $5.6 million which did not happened in 2016. However, they were just awarded a grant for 2017 which will be reflected in the 2017 audit. Expenditures increased $2.5 million due to the district taking over more in-house projects. Unassigned balance is $19.3 million.
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Richard Longoria from Burton McCumber & Cortez encouraged members to meet with them for any additional questions regarding the audit.
Adel Felix from Burton McCumber & Cortez presented the Hidalgo County Drainage District No.1, December 31, 2016 audit; and review the professional standards. She informed that the fieldwork began in May 2017, later than anticipated. No disagreements with management.
The report presented a statement of net position as of December 31, 2016 with total assets of $246 million which is an increase of $4 million dollars. Total liabilities $161 million which is a decrease of $2 million from prior year. Felix informed that the general fund revenue decreased $5 million because in 2015 they received a grant for $5.6 million which did not happened in 2016. However, they were just awarded a grant for 2017 which will be reflected in the 2017 audit. Expenditures increased $2.5 million due to the district taking over more in-house projects. Unassigned balance is $19.3 million.
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
6.
AI -61443
First Public Hearing on 2017 Proposed Tax Rate of $0.0951 per $100.00 valuation.
Raul Sesin stated that they are proposing a tax rate of $0.0951 per $100.00 valuation which is the same as now.
Public Hearing was Opened.
Fern McClaugherty asked the court to explain in further detail the tax rate.
Public Hearing was Closed.
Lora Briones explained that typically, when they are putting the budget together they balance budget expenses to the budget revenues. However, last year was an exception because they budgeted part of the fund balance for the administration building. This year, they may have the same type of expenses for capitalize equipment, not for ongoing expenditures.
Commissioner Palacios acknowledged Senator Juan "Chuy" Hinojosa for all the work done with the Water Development Board.
Second public hearing was scheduled for September 19, 2017.
Raul Sesin stated that they are proposing a tax rate of $0.0951 per $100.00 valuation which is the same as now.
Public Hearing was Opened.
Fern McClaugherty asked the court to explain in further detail the tax rate.
Public Hearing was Closed.
Lora Briones explained that typically, when they are putting the budget together they balance budget expenses to the budget revenues. However, last year was an exception because they budgeted part of the fund balance for the administration building. This year, they may have the same type of expenses for capitalize equipment, not for ongoing expenditures.
Commissioner Palacios acknowledged Senator Juan "Chuy" Hinojosa for all the work done with the Water Development Board.
Second public hearing was scheduled for September 19, 2017.
7.
AI -61434
Discussion on Hidalgo County Drainage District No.1 projects, maintenance and operations:
A.) Pct. 1 & Pct. 2 Cesar Chavez Drain Phase II
Current project in partnership with City of Alamo. They are working to expand system from east of Alamo Road to east of Tower Road.
B.) Pct. 1 Chaparral Drainage Improvements
Project located south side of precinct 1, City of Donna. They are working with TxDOT in the crossing of FM 493 and are looking to adding another 10 x 7 box.
C.) TFMA 2017 Fall Technical Summit
Raul Sesin informed of the 2017 Fall Technical Summit, where they discussed flood plain issues and certificate of flood zones, as well as of development of low line areas. Sesin clarified that the new subdivision rules have not bee adopted yet.
Board Member Joseph Palacios asked when the new subdivision rules will be adopted.
Sesin related that one of the main points of the rules is to make sure they have a point discharge. Making sure developments have a way out into a ditch. He assured that Planning Director T.J. Arredondo is working to get the news finalize. However, the procedure is to take the new rules to the Subdivision Advisory Board and then to commissioners court for adoption.
A.) Pct. 1 & Pct. 2 Cesar Chavez Drain Phase II
Current project in partnership with City of Alamo. They are working to expand system from east of Alamo Road to east of Tower Road.
B.) Pct. 1 Chaparral Drainage Improvements
Project located south side of precinct 1, City of Donna. They are working with TxDOT in the crossing of FM 493 and are looking to adding another 10 x 7 box.
C.) TFMA 2017 Fall Technical Summit
Raul Sesin informed of the 2017 Fall Technical Summit, where they discussed flood plain issues and certificate of flood zones, as well as of development of low line areas. Sesin clarified that the new subdivision rules have not bee adopted yet.
Board Member Joseph Palacios asked when the new subdivision rules will be adopted.
Sesin related that one of the main points of the rules is to make sure they have a point discharge. Making sure developments have a way out into a ditch. He assured that Planning Director T.J. Arredondo is working to get the news finalize. However, the procedure is to take the new rules to the Subdivision Advisory Board and then to commissioners court for adoption.
8.
AI -61405
A.) Requesting approval of closing documents for Parcel 14 as it relates to Cesar Chavez Drain Ph II 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.) Requesting approval of closing documents for Parcel 24 as it relates to Cesar Chavez Drain Ph II project and authority for the Chairman of the Board to execute documents, pending final legal review.
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
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.) Requesting approval of closing documents for Parcel 24 as it relates to Cesar Chavez Drain Ph II project and authority for the Chairman of the Board to execute documents, pending final legal review.
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
9.
AI -61413
General Fund
Budget: 006- M&O
A. Request approval to issue payment on award of special commissioners pertaining to condemnation proceedings for Cause No. CCD-0362-H; Parcel No. 7-Pct.2-Fee Simple Right of Way.
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. Approval to issue payment on three (3) Special Commissioners fees related to Cause No. CCD-0362-H as noted on Item A above.
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Budget: 006- M&O
A. Request approval to issue payment on award of special commissioners pertaining to condemnation proceedings for Cause No. CCD-0362-H; Parcel No. 7-Pct.2-Fee Simple Right of Way.
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. Approval to issue payment on three (3) Special Commissioners fees related to Cause No. CCD-0362-H as noted on Item A above.
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
10.
AI -61420
2013 Bonds
Budget: 365-Rural Drainage Development Pct.1
A. Application for Payment No. 2 in the amount of $50,627.70 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-17-015-04-18 Pct.1 Mile 13 1/2 N. Rd. and FM 1015 Area Drainage Improvement Phase 2&3.
Project Engineer: Urban Infrastructure Group, Inc.
PO#632014
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
Budget: 365-Rural Drainage Development Pct.2
B. Application for Payment No. 1 in the amount of $106,891.20 from Venser Contractors, LLC pertaining to Construction Contract No. HCDD1-17-023-05-30 Pct.2 Plena Vista Subdivision, Unit 2 Street & Drainage Improvements.
Project Engineer: Cruz-Hogan Consultants, Inc.
PO#632131
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
Budget: 365-Rural Drainage Development Pct.1
A. Application for Payment No. 2 in the amount of $50,627.70 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-17-015-04-18 Pct.1 Mile 13 1/2 N. Rd. and FM 1015 Area Drainage Improvement Phase 2&3.
Project Engineer: Urban Infrastructure Group, Inc.
PO#632014
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
Budget: 365-Rural Drainage Development Pct.2
B. Application for Payment No. 1 in the amount of $106,891.20 from Venser Contractors, LLC pertaining to Construction Contract No. HCDD1-17-023-05-30 Pct.2 Plena Vista Subdivision, Unit 2 Street & Drainage Improvements.
Project Engineer: Cruz-Hogan Consultants, Inc.
PO#632131
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
11.
AI -61414
Requesting approval to utilize "Commercial Charge Card Services" (Procurement and Travel) through the District's membership with Texas Procurement and Support Services (TPASS) awarded vendor "Citibank" Contract No. 946-M2.
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
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
Attachments:
12.
AI -61204
Requesting authority to advertise and approval of Request for Bids packet (i.e., legal notice,specifications, draft contract etc.,) as attached hereto for: Hidalgo County Drainage District No. 1 -"Lubricants, Anti-freeze, and Related Products" (RFB# HCDD1-17-047-09-27), including the re-advertisement of the Request for Bids in the event bids are rejected or no bids are received & products are still needed.
Board Member Joseph Palacios stepped away from the meeting.
On motion by BOARD MEMBER PCT. 2, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
Board Member Joseph Palacios stepped away from the meeting.
On motion by BOARD MEMBER PCT. 2, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
Attachments:
13.
AI -61354
A. Request approval to create one (1) Hydrology & Hydraulics Water Engineer I from the Maintenance & Operations Budget and set Salary at $45,923.00.
Sesin explained that this position will be an in-house position.
Board Member Joseph Palacios joined the meeting.
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
B. Request approval of Revised Salary Schedule and Budget Amendment to fund new position through the end of 2017 in the amount of $18,244.97
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
Sesin explained that this position will be an in-house position.
Board Member Joseph Palacios joined the meeting.
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
B. Request approval of Revised Salary Schedule and Budget Amendment to fund new position through the end of 2017 in the amount of $18,244.97
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:
14.
AI -61355
A. Request approval to create one (1) District Projects Coordinator from the Maintenance & Operations Budget and set Salary at $54,904.00.
Raul Sesin noted that there's already a person who provides and coordinates efforts between the county and the district. However, he wants to create the position to bring the person on board with the district, but keep the same duties.
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
B. Request approval of Revised Salary Schedule and Budget Amendment to fund new position through the end of 2017 in the amount of $21,502.92
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
Raul Sesin noted that there's already a person who provides and coordinates efforts between the county and the district. However, he wants to create the position to bring the person on board with the district, but keep the same duties.
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
B. Request approval of Revised Salary Schedule and Budget Amendment to fund new position through the end of 2017 in the amount of $21,502.92
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:
15.
AI -61453
Requesting approval of Budget Amendment to transfer out $800,000 from District's General Fund (110) to Capital Projects fund (130) for the purchase of ROW and expansion of the Cesar Chavez Phase II Ditch. This project is in conjunction with the City of Alamo through the Inter-local Cooperation Agreement that was approved by Board of Directors on October 25, 2016.
Board Member Joe Flores stepped away from the meeting.
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Board Member Joe Flores stepped away from the meeting.
On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
16.
AI -61455
Discussion of Hidalgo County Drainage District No. 1 upcoming budget for 2018.
Tax rate will remain the same.
Recent refunding bond series, principal interest will increase $500,000
Due the increase of work taken by the district, Sesin stated tha they need more employees, new shedders for new projects, they are also looking to hire a new accounting assistant, and additional clerical positions and reclassifications.
Board Member Joseph Palacios stepped away from the meeting.
Contracting services is another plan for the rural areas.
Tax rate will remain the same.
Recent refunding bond series, principal interest will increase $500,000
Due the increase of work taken by the district, Sesin stated tha they need more employees, new shedders for new projects, they are also looking to hire a new accounting assistant, and additional clerical positions and reclassifications.
Board Member Joseph Palacios stepped away from the meeting.
Contracting services is another plan for the rural areas.
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:
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.
18.
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.
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
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.
21.
Adjourn
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: 3 - 0 -Unanimously
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: 3 - 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 5th day of September, 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 September 5, 2017.
Signed this 5th day of SEPTEMBER 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 5th day of September, 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 September 5, 2017.
Signed this 5th day of SEPTEMBER 2017
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy