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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - October 9, 2018

BE IT REMEMBERED, that on this 9th day of October A.D., 2018, 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 EDUARDO "EDDIE" CANTU

HONORABLE JOE M. FLORES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

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
October 9, 2018
9:00 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners Court will be held in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

 
1.
 
Roll Call

Chairman Ramon Garcia called the meeting to order at 9:31 a.m.

Board Members David L. Fuentes and Joseph Palacios were not present during the meeting.
 
2.
 
Prayer

Opening prayer offered by Raul Sesin.
 
3.
 
Open Forum
  • Dr. K.C. Fletcher stated concerns over the manner in which the trees at the courthouse were removed. He encouraged residents to keep streets clean to keep ditches clean. Dr. Fletcher urged the county to plant more trees in all municipalities.
  • Fern McClaugherty inquired on the qualifications for the attorney position placed on the drainage district agenda in the previous meeting. According to McClaugherty, she received four phones calls requesting her to ask the court for further information pertaining to the attorney's qualifications and experience. Additionally, she stated concerns over regular agenda Item.11.A.
  • Lupita Marquez thanked Commissioner David Fuentes for completing street pavement in Indian Hills.
Attachments:
 
4.
 
Approval of Consent Agenda

The board moved to approve the entire consent agenda.
 
5.
AI -66951
Presentation by Burton McCumber & Longoria, LLP of the Hidalgo County Drainage District's 2017 Comprehensive Annual Financial Report and audit.

Ricky Longoria presented the district's audit report for 2017 as reported, there was a uniform guidance criteria that was not part of the 2017 report but might be part of the 2018 report. In terms of difficulties found in the audit, last year they met with management to try to set a goal to have the financial statements earn the GFOA's Awards for Excellence in Government Finance, they're hoping to achieve this award. 

In terms of corrected and uncorrected mistakes, 26 adjustments were posted after year end. No disagreements were noted and no external auditor opinion was seek. Longoria informed that the audit increased by 1/3 but the information will help the public and buyers understand how the drainage will be able to handle bonds. Additionally, the independent auditor letter summarized the scope of the audit and their responsibilities and managers responsibilities. This is a clean opinion audit. 

The reported unassigned balance as of December 31, 2017 is of $20,209,159 
The total revenues reported was $16,512,570 with the district being able to increase its general fund by $603,994 Longoria reported that the district spent a total of $11,057 in flood control. 

Member Flores questioned any concerns found in the audit. Longoria informed that within the management letter they include comments, for 2017 they noted an issue that a lot of their system data was unlock. 

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

The board proceeded to Item.7
Attachments:
 
6.
AI -67026
Presentation and discussion on Proposed 2018 Drainage Bond Program.

Sesin reported the amount for the proposition set for the November 6 election is of $190 million dollars. The plan will develop plans for construction in areas that were severely affected during the June rain events and other areas. Currently, the district continues to educate the public on what these 38 identified projects will bring to the county. If successful, Sesin hopes to initiate the process by early next year and anticipates a 3 year program. Individual sheets have been prepared and posted on the website detailing each project. A 10% cap cost is associated with development which deals with surveys, engineers and construction management. 

Member Cantu commented that throughout the years they've seen heavy rain events, specially the one from last June 2018. With this new approach they are trying to be as prepare as possible. 

The drainage director noted that the district is always looking for other means of funding to continue improving drainage in the county. 

The board proceeded back to Item.5
Attachments:
 
7.
AI -67081
Discussion and update as it relates to Hidalgo County Irrigation District No. 1 Penitas Pump station and Levee rehabilitation project.

Project is already under construction with 1 year mark to complete construction. Sesin reported that the Peñitas project has been at least 8 years in the making. This is being funded by the federal government are the district is being refunded for the construction services.
 
8.
AI -66937
Requesting approval of closing documents for Parcel 1 as it relates to Sunflower Drain Extension project and authority for the Chairman of the Board to execute documents.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously
Attachments:
 
9.
AI -66967
Requesting approval for an AEP Easement as it relates to Hidalgo County Drainage District No. 1 Admin Building and authority for the Chairman of the Board to execute documents.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously
 
10.
AI -67051
CIP 133-2012 Bonds
Bdgt: 300-J09 Drain

A. Application for payment No. 1 in the amount of $158,342.40 from Rigney Construction, LLC pertaining to Construction Contract No. HCDD1-18-015-03-28-J09 Drain Improvements Phase 2-Roadway & Field Crossings.
Project Engineer: Robert Fina, P.E.-Tedsi Infrastructure Group
PO#634435

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously
 
11.
AI -67053
A. Requesting approval of a Master Intergovernmental Cooperative Purchasing Agreement with National IPA with the purpose of participating in the cooperative purchasing program as an additional procurement resource with authority for the Chairman of the Board to execute document and thus permit HCDD1 to complete and file the online National IPA Member Registration (subject to legal review);

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously 

B. Pursuant to the Boards Approval of the Intergovernmental Cooperative Purchasing Agreement, requesting authority to purchase New HCDD1 Administration Building Furniture, to include installation, in the amount of $136,026.81, through HCDD1 participation and membership with National IPA Purchasing Cooperative Program from their awarded vendor, Hon Company c/o Gateway Printing and Office Supply, contract #R142208, Quote #425392. 

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously
 
12.
AI -65590
CP 133
Budget: 330-East Donna Drain Flood Pump Improvements
A.
Approval of Certificate of Substantial Completion and Certificate of Construction Completion from Mor-Wil, LLC pertaining to Construction Contract No. 16-040-08-16 East Donna Drain Flood Pump Improvement.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously 

B. Application for Payment No. 6-Retainage Release in the amount of $103,277.58 from Mor-Will, LLC pertaining to Construction Contract No. 16-040-08-16 East Donna Drain Flood Pump Improvement. 
Project Engineer: Robert Fina, P.E. -Tedsi Infrastructure Group
PO#630511-18


On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously 

CIP 133
Budget: 340-South Mercedes Lateral Flood Pump


C. Approval to rescind Agenda Item No. 64254 Item B-Certificate of Construction Completion pertaining to Construction Contract No. HCDD1-16-041-08-16 South Mercedes Lateral  Flood Pump Drainage Improvement due to change on final contract amount.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously 

D. Approval of revised Certificate of Construction Completion to replace item noted on Item A. 

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously 
 
E. Approval to rescind Agenda Item No. 64254 Item D-Application for Payment No. 3 in the amount of $81,330.33 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-16-041-08-16 South Mercedes Lateral  Flood Pump Drainage Improvement. This item was corrected with Agenda Item No. 65150 Item D in the amount of $661.50 on BOD 06-05-2018.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously 

F. Application for Payment No. 4-Retainage Release in the amount of $81, 403.83 from Mor-Wil, LLc pertaining to Construction Contract No. HCDD1-16-041-08-16 South Mercedes Lateral  Flood Pump Drainage Improvement.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously

CIP 133
Budget: 345-Mercedes Lateral Flood Pump


G. Approval to rescind Agenda Item No. 64253 Item B-Certificate of Construction Completion pertaining to Construction Contract No. HCDD1-16-039-08-16 Mercedes Lateral  Flood Pump Drainage Improvement due to change on final contract amount.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously 

H. Approval of revised Certificate of Construction Completion to replace item noted on Item A. 

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously 

I. Approval to rescind Agenda Item No. 64253 Item D-Application for Payment No. 6 in the amount of $69,760.41 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-16-039-08-16 Mercedes Lateral  Flood Pump Drainage Improvement. This item was corrected with Agenda Item No. 65150 Item E in the amount of $661.50 on BOD 06-05-2018.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously 

J. Application for Payment No. 7-Retainage Release in the amount of $69,833.91 from Mor-Wil, LLc pertaining to Construction Contract No. HCDD1-16-039-08-16 Mercedes Lateral  Flood Pump Drainage Improvement.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously
 
13.
AI -67052
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions.  CP 130 Budget: 005 New Administration Building. Application for Payment NO. 5 in the amount of $289,753.20

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously
 
14.
AI -67056
Requesting approval of Supplemental Agreement No. 1 to add language in relation to the article 6.1 Request for Payment for the professional engineering services agreement with South Texas Infrastructure Group, for the provision of Plans/Specifications/Estimates (PS&E), Design Surveying, for RCW Subdivision Drainage Improvements Project (Contract No. C-HCDD1-18-035-06-19).  Subject to Legal Review and compliance to HB1295 (if applicable).

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
 
15.
AI -67068
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
2013 Bonds CIP 133
Budget 315-Pharr-McAllen South Drain Outfall

A. Application for Payment No. 3 in the amount of $171,845.64 from Jimenez Engineering Solutions, LLC D/B/A International Consulting Engineers related to Construction Contract No. HCDD1-17-005-02-21-Pharr Mcallen South Drain Outfall Improvements. 
Project Engineer: Hector J. Lopez, P.E., S&B Infrastructure, LTD.
PO#631848

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously
 
16.
AI -67080
CIP 130
Budget: 050-Cesar Chavez Ph.2 Ditch

A. Request approval to issue payment on award of special commissioners pertaining to condemnation proceedings for Cause No.CCD-0433-D Parcel No.15-Pct.1 Fee Simple Right of Way.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously

B. Approval to issue payment on three(3)Special Commissioners fees related to Cause No.CCD-0433-D as noted on Item A above.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

CIP 130
Budget: 050-Cesar Chavez Ph.2 Ditch

C. Request approval to issue payment on award of special commissioners pertaining to condemnation proceedings for Cause No.CCD-0434-D Parcel No. 22 & E3-Pct.1 Fee Simple Right of Way.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

D. Approval to issue payment on three(3)Special Commissioners fees related to Cause No.CCD-0434-D as noted on Item A above.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
 
17.
AI -67082
Request approval of a Budget Amendment to transfer into the Capital Projects Fund (130)  from the District General Fund  in the amount of $550,000 for the final completion of construction of the District Administration Building.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
 
18.
 
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.
 
A.
 
Real Estate Acquisition

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

No action taken on this item.
 
19.
 
Open Session:
 
A.
 
Real Estate Acquisition

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

No action taken on this item.
 
20.
 
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
21.
 
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
22.
 
Adjourn

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, 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 9th day of October, 2018

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 October 9, 2018.

Signed this 9th day of OCTOBER 2018




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


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