AND NOW FROM MCALLEN CITY HALL, A MEETING OF THE MCALLEN PUBLIC [00:00:08] UTILITY BOARD. >> IT IS 4:00. WE WILL BEGIN THE MEETING. >> YOU WILL STAND, PLEASE, FOR [CALL TO ORDER] THE PLEDGE OF PLEDGE OF ALLEGID REMAIN STANDING IF YOU ARE ABLE, FOR THE PRAYER. >> I PLEDGE ALLEGIANCE TO THE [PLEDGE] FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. >> PLEASE BOW YOUR HEADS FAVMENT [INVOCATION] THEY ARE, GOD, THANK YOU SO MUCH FOR THIS DAY. WE THANK YOU FOR YOUR GOODNESS. FATHER, WE THANK YOU FOR THESE SKILLS, THE ABILITIES TO COME AND SERVE THIS GREAT COMMUNITY. FATHER, THANK YOU FOR THIS BOARD. WE PRAY AND ASK YOU FOR GUIDANCE, FOR WISDOM IN THESE DECISION THAT IS THEY MAKE. AND FATHER, ALSO FOR OUR STAFF, OUT IN THE FIELD, FATHER, IN TRENCHES, WHAT THEY NEED TO BE DOING, FATHER. PROTECT THEM. BE WITH THEM. WE ASK THIS IN JESUS' NAME. AMEN. >> AMEN. >> I WOULD LIKE TO ENTERTAIN A MOTION TO MOVE TO EXECUTIVE SESSION PRIOR TO GETTING STARTED WITH OUR REGULAR MEETING. A MOTION, PLEASE? >> SECOND. [6. EXECUTIVE SESSION, CHAPTER 551, TEXAS GOVERNMENT CODE, SECTION 551.071 CONSULTATION WITH ATTORNEY, SECTION 551.072 LAND TRANSACTION, SECTION 551.074 PERSONNEL MATTERS; SECTION 551.087 ECONOMIC DEVELOPMENT NEGOTIATIONS] MOTION. >> SECOND. [a) Consultation with City Attorney regarding pending litigation (Section 551.071 T.G.C)] >> ALL IN FAVOR, SIGNIFY BY SAYING AYE. [b) Consideration of Economic Development Matters. (Section 551.087, T.G.C)] WE WILL MOVE TO ADJOURN INTO EXECUTIVE SESSION AT 4:02. [00:25:22] >> OKAY. APPROVAL OF THE MINUTES FOR THE [1. MINUTES:] [a) Approval of the Minutes for the Regular Meeting held November 14, 2023.] [00:25:25] PREVIOUS MEETING. HELD NOVEMBER 14, 2023. [00:25:29] I NEED A MOTION FOR APPROVAL. >> SO MOVED. [00:25:32] >> SECOND. >> ALL IN FAVOR? [00:25:35] ANY DISCUSSION? HEARING NONE, ALL IN FAVOR, SIGNIFY BY SAYING AYE. OPPOSED, SAME SIGN. [2. CONSENT AGENDA:] [a) Approval of the Mayberry Hills Subdivision.] >> MR. CHAIR, ITEMS 2-A, 2-B,AND 2-C. [b) Approval of D'Costa Subdivision] [c) Approval of Villages at Dallas Subdivision.] >> MOVE FOR APPROVAL. >> SECOND. >> ANY DISCUSSION? ALL CONFORMING TO OUR STIPULATIONS. >> TO OUR CONDITIONS. >> SIGNIFY BY SAYING AYE. >> AYE. >> OPPOSED, SAME SIGN. >> YES, SIR. [3. BIDS AND CONTRACTS:] [a) Consideration of approval of a one-year contract with Evoqua Water Technologies for odor control chemical Bioxide from January 1, 2024 to December 31, 2024.] 3-A IS CONSIDERATION OF APPROVAL OF A ONE-YEAR CONTRACT WITH EVOQUA TECHNOLOGIES FROM JANUARY, 2024 TO DECEMBER 31, 2024. MR. DAVID? >> MR. VICE-CHAIRMAN, 3-A, THROUGH 3-E, I SEE A LOT OF THEM [b) Consideration of approval to purchase Aquaray UV ZED power center system from Veolia Water Technolgies in the amount of $173,410.47.] ARE UNDER BUDGET. >> YES, SIR. [c) Consideration and Approval of Change order No. 1 for the 19.5 and Newport Waterline project (CDBG Funded)] [d) Consideration of approval to award of Project No. 09-23-SP36-177 Supply Contract for the Purchase and Delivery of Liquid Ammonium Sulfate.] VERY STANDARD. >> AS LONG AS THERE IS A [e) Consideration of approval to award of Project No 10-23-SP-14-01 for the Purchase and Delivery of Diverse Water Meters to Sole Source Vendor Aqua-Metric] PROCUREMENT PROCESS, I WOULD MOVE FOR A SECOND. >> A MOTION AND A SECOND. ANY OTHER QUESTIONS? HEARING NONE, ALL IN FAVOR, SIGNIFY BY SAYING AYE. THANK YOU, DAVID. GOOD JOB. APPRECIATE IT. KEEP IT UNDER BUDGET. >> YOU ARE THE MAN. >> ALL RIGHT. >> TWO OUT OF FOUR UNDER BUDGET IS PRETTY GOOD. >> OKAY. ITEM NUMBER 4-A. [4. UTILITY LAYOUTS:] [a) Discussion and Approval of MPU Board Participation for the Pioneer Estates Subdivision.] >> YES, SIR. 4-A IS DISCUSSION AND APPROVAL [b) Discussion and Approval of MPU Board Participation for the Nemont Estates II Subdivision.] OF BOARD PARTICIPATION FOR PIONEER ESTATES. [c) Discussion and Approval of MPU Board Participation for the Saltillo Plaza Phase III Subdivision.] WE DID TALK ABILITY THESE IN EXECUTIVE SESSION. >> I MOVE TO APPROVE AS DISCUSSED IN EXECUTIVE SESSION. >> SECOND. >> MOTION AND A SECOND. ANY DISCUSSION? HEARING NONE, ALLLE IN FAVOR, SIGNIFY BY SAYING AYE. >> AYE. >> OPPOSED, SAME SIGN. >> DOES THAT NOT APPLY FOR THE REST OF THE ITEMS? >> 4-D IS THE ONLY ONE IT DOESN'T APPLY FOR. THAT IS A SINGLE-LOT SUBDIVISION REQUESTING A SEPTIC TANK. THEY DO MEET THE REQUIREMENT OF A HALF ACRE. >> 4-A, B, AND C ARE WHAT WE DISCUSSED. >> MR. CHAIRMAN, I WOULD MOVE TO AMEND THAT TO INCLUDE A, B, AND C IN THAT MOTION. >> I'LL AMEND MY SECOND. >> OKAY. ALL IN FAVOR, SIGNIFY BY SAYING AYE. >> AYE. >> OPPOSED, SAME SIGN. NUMBER 4. 4-D. >> YES, SIR. 446D IS APPROVAL OF A RECK NATIONAL AREA-- RECREATIONAL AREA OF MONTE CRISTO SEASON [d) Discussion and Approval of the Vacating Recreational Area of Monte Cristo Subdivision to the Replat of Recreational Area of Monte Cristo Lot 1A Subdivision and Variance Request.] SUBDIVISION. >> GOOD AFTERNOON. THIS PROPERTY IS LOCATED BETWEEN VIVIAN STREET AND JENNIFERS DRIVE. IT IS LOCATED OUTSIDE OF THE MCALLEN STATE LIMITS BUT WITHIN THE CITY'S WASTEWATER CCN. IT HAS PROPOSED AS R-1 RESIDENTIAL. THE TRACT CONSISTS OF 6.75 ACRES. A SINGLE LOT FOR A SINGLE-FAMILY HOME. THE APPLICANT WILL BE ASKED TO COORDINATE WITH ON WATER IMPROVEMENTS. IT IS REQUESTED THAT THE APPLICANT FOLLOW THE REQUIREMENTS AS THEY PERTAIN TO FIRE PROTECTION AND WILL BE ASKED TO COORDINATE WITH THE FIRE DEPARTMENT. THE APPLICANT IS REQUESTING BOARD APPROVAL OF A VARIANCE TO SERVE THE PROPERTY. ALL NEIGHBORING PROPERTIES HAVE SEPTIC TANKS. IT DOES MEET THE REQUIREMENT OF BEING MORE THAN HALF AN ACRE. INSTALLATION OF THE PROPOSED PUBLIC UTILITY INFRASTRUCTURE WILL BE STRUCTURED AS OPPOSE. -- AS PROPOSED. SHOULD THE BOARD GRANT A VARIANCE, EXECUTION OF A CONTRACTUAL AGREEMENT WILL BE REQUIRED FOR FUTURE CONNECTIONS WITH THE POSSIBLE EXTENSION OF A SEWER SERVICE LINE FROM THE PROPOSED SEPTIC TANK TO THE RIGHT-OF-WAY. >> YOU HAVE HEARD THE STAFF RECOMMENDATION. >> MOVE FOR DISCUSSION. >> SECOND. >> SECOND. DISCUSSION? >> I HAVE A LOT OF QUESTIONS. >> YES, SIR. >> IS THE DEVELOPER PRESENT, BY ANY CHANCE? [00:30:04] >> NOT THAT I'M AWARE OF. >> LEGAL, WHAT'S GOING ON HERE? I MEAN, IT LOOKS LIKE THIS WAS PART OF A SUBDIVISION RECENTLY PLATTED, AND I GUESS PART OF THE SUBDIVISION, THEY HAD THIS SUBDIVISION PARK OR RECREATIONAL AREA. WHAT DOES LEGAL DO IN TERMS OF ENSURING THAT THERE ARE NO VIOLATION-- OR DO YOU DO THAT? IS THAT UP TO THE DEVELOPER? HOW DO WE ENSURE THAT THERE IS NO DEED RESTRICTIONS THAT PREVENT ANY OF THIS? >> THOSE TYPES OF ISSUES THEY WOULD WORK THROUGH WITH THE-- I'M DRAWING A BLANK ON THE NAME. THE DEVELOPMENT CENTER AND ENGINEERING FOR PUBLIC UTILITIES AS THEY WORK THROUGH THE PROCESS. IF QUESTIONS COME UP, THEY WILL ASK LEGAL TO DO RESEARCH. IN THIS CASE, I'M NOT AWARE THAT WE WERE ASKED TO DO ANY RESEARCH ON THIS MATTER. >> OKAY. >> LIKE A RETENTION POND OR SOMETHING ELSE. >> WELL, OBVIOUSLY. I MEAN, SOMEBODY, I'M SURE, WHEN THIS THING GOT DEDICATED. IT IS MOSTLY FILLED UP. >> MOST OF THOSE ISSUES ARE ADDRESSED BY THE PLANNING DEPARTMENT WHEN THE DEVELOPMENT COMES IN. >> ALL RIGHT. WILL THEY BE REQUESTING, VACATING THAT RECREATION AREA? >> CORRECT. ONE THING, THOUGH, I GUESS GOING BACK TO THE DRAINAGE AREA. THERE ARE SWELLS ALONG THE STREETS. THIS IS IN THE E TJ. IT IS NOT IN THE CITY LIMITS. I WANTED TO BRING UP THAT POINT. >> THE COUNTY REGULATES. >> SOME OF WHAT OUR REGULATION ABILITY IS. >> I MEAN, DOES ANYBODY DISPUTE THAT AT SOME POINT, THIS WILL BE PART OF THE CITY OF MCALLEN IN THE NEXT 20 YEARS? >> CORRECT. YES, SIR. >> I HEAR WHAT WE ARE SAYING. I'M JUST CONCERNED ABOUT AND PERHAPS THAT IS NOT THIS BOARD'S ROLE. THAT IS WHY I'M SEEKING MORE GUIDANCE FROM LEGAL COUNSEL AND OUR GENERAL MANAGER AND THIS BOARD. AM I OVERTHINKING THIS? YOU KNOW, IF EVERYBODY IS SATISFIED THAT ANY ISSUES LIKE THAT WOULD HAVE BEEN ADDRESSED AND COMPLIED WITH OR ADDRESSED AT THE P & Z LEVEL. BY THE TIME IT GETS TO US, IT SHOULD NOT BE OUR CONCERN. >> WE HAVE HAD HISTORICALLY-- AND THAT IS A MAJOR FACTOR. THE COUNTY DOES HAVE JURISDICTION ON THOSE TYPES OF MATTERS. IT LOOKS LIKE IT IS NOT A VERY RECENT SUBDIVISION. >> THAT IS WHAT I'M-- THIS WAS FILED IN JUNE OF THIS YEAR. THAT IS WHAT IT SAYS. >> YEAH. THAT IS FOR THIS REPLAT. YES, SIR. >> IT IS AN OLDER EXISTING SUBDIVISION. >> ALL THE NEIGHBORS ARE ON SEPTIC. >> IT IS, LIKE, THE LAST, ALMOST THE LAST ONE TO REQUEST A SEPTIC TANK. >> OKAY. >> ALL RIGHT. WELL, AT LEAST I WANTED THE CONCERN ON THE RECORD. I CHANGE MY MIND FROM DISCUSSION TO APPROVAL. >> ALL IN FAVOR, SIGNIFY BY SAYING AYE. >> AYE. >> OPPOSED, SAME SIGN. THANK YOU, RAFAEL. >> YES, SIR. THANK YOU. >> OKAY. ITEM NUMBER 6-A AND 6-B. >> MR. CHAIRMAN, OR VICE-CHAIRMAN I RECOMMEND THE BOARD TAKE NO ACTIONS ON ITEMS 6-A AND 6-B. THOSE MATTERS WERE INCLUDED IN EXECUTIVE SESSION FOR INFORMATION MALL INFORMATIONAL [ADJOURNMENT] PURPOSES ONLY. >> MOTION TO ADJOURN. >> SECOND. >> ALL IN FAVOR, SIGNIFY BY SAYING AYE. >> AYE. >> MOTION IS APPROVED. WE ARE ADJOURNED. DON'T FORGET THE MCALLEN CHRISTMAS PARADE IS SATURDAY. EVERYBODY OUT TO THE STADIUM. PLEASE COME OUT AND JOIN THE FESS. >> I HAVETIES. FESTIVITIES. * This transcript was compiled from uncorrected Closed Captioning.