CITY COMMISSION REGULAR MEETING January 17, 2017

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1 CITY COMMISSION REGULAR MEETING January 17, 2017 On January 17, 2017 the City Commission met for their Regular Meeting at the San Benito Municipal Building (Cesar Gonzalez Meeting Hall), 401 N. Sam Houston, San Benito, Texas at 5:30 p.m. A quorum was present including the following: ANTONIO GONZALES MAYOR PRO TEM AS THE PRESIDING OFFICER C I T Y C O M M I S S I O N Antonio Gonzales ~ Mayor Pro Tem Rene Villafranco ~ Commission er No. 2 Esteban M. Rodriguez Commission er No. 3 Joe D. González ~ Commission er No. 4 A D M I N I S T R A T I V E S T A F F Manuel De La Rosa ~ City Manager Lupita Passement ~ City Secretary Ricardo Morado ~ City Attorney ABSENT Celeste Z. Sanchez ~ Mayor ITEM 1. WELCOME. Mayor Pro Tem Antonio Gonzales called the meeting to order. The City Commission and I welcome you to your Regular City Commission Meeting. The time is 5:30 p.m. and we have a quorum. ITEM 2. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG AND TO THE TEXAS FLAG. Commission er Esteban M. Rodriguez led the Pledge of Allegiance to the US Flag and the Texas Flag. ITEM 3. INVOCATION. Invocation was recited by Arturo Rodriguez, City Employee. ITEM 4. ANNOUNCEMENTS: ITEMS OF COMMUNITY INTEREST. No Announcements. ITEM 5. PUBLIC COMMENTS. No one was registered for public comment. ITEM 6. CONSIDERATION AND POSSIBLE ACTION ON APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JANUARY 3, Commission er Joe D. González moved to approve. Commission er Esteban M. Rodriguez seconded the motion. Commission er Rene Villafranco abstained due to his absence.

2 ITEM 6. CONSIDERATION AND POSSIBLE ACTION ON APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JANUARY 3, (continued) Voting Aye; Mayor Pro Tem Antonio Gonzales, Commission ers Joe D. González and Esteban M. Rodriguez. Motion carried to approve THE MINUTES OF THE REGULAR MEETING OF JANUARY 3, ITEM 7. CONSIDERATION AND POSSIBLE ACTION TO APPROVE REHABILITATION OF FILTERS 4, 5 & 6 FOR WATER TREATMENT PLANT NO. 1. Lou Portillo, of Lou Portillo and Associates, PLLC, briefed the Commission on Phase II, Rehabilitation of Decommission ed Water Treatment Filters No. 1, 2 & 3 completed during Phase 1 Improvements. Water Treatment Filter No. 7 had been rehabilitated during Phase I improvements. Proposed rehabilitation of Water Treatment Filters No. 4, 5 & 6 constitutes this project. Two quotes were received for the filter rehabilitation. One in the amount of $91, ($30, for each of 3 filters) from Water Treatment Technologies. An alternate rehabilitation system was investigated with Orthos Liquid System at a cost of $200, ($66, for each 3 filters). After this project, Filters 4, 5, 6 & 7 will be operating at full capacity, providing the City with a maximum treatment rate of 6 MGD. The City s water demand in the winter is approximately 2.5 MGD. The City s water demand in the summer is less than 4.5 MGD). In general the City can operate Water Treatment Plant No. 1 with three (3) filters operating while one is under maintenance. Staff recommends awarding a construction contract to Water Treatment Technologies in the amount of $91, for the rehabilitation of filters 4, 5 & 6 at Water Treatment Plant No. 1. Filters, when being worked, on are isolated and the water quality remains good. Commission er Joe D. González asked about the project timeline. Mr. Portillo answered that one filter a week would be upgraded. Commission er Joe D. González had two concerns, and two legal questions he needed to ask. First of all $91, exceeds the $50,000 limit provided by law, so they should be bids rather than outright quotes. Ricardo Morado, City Attorney, answered that there is an exception to the competitive bidding statute if it is an expenditure for a procurement necessary to preserve or protect the public health or safety of the municipality s residents. Commission er Joe D. González said: Second question, don t we have to declare an emergency before we take this action? Ricardo Morado, City Attorney stated no, as this is a different exception. There are two: One is a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality s residents, or to preserve the property of the municipality. That is the emergency. The second exception is: Procurement is necessary to preserve or protect the public health or safety of the municipality s residents. If you make a motion I would recommend that you make a finding that these improvements are necessary to preserve or protect the public health or safety of the municipality s residents, and therefore you want to authorize the procurement. Commission er Joe D. González asked Mr. Portillo if he was familiar with the company (Water Treatment Technologies), and what kind of warranty or support will they provide in writing. Lou Portillo: Yes sir, one year on parts and labor. Manuel De La Rosa, City Manager asked Mr. Lou Portillo to brief the Commission on how the plant works and what happened on the Sunday (1/8/2017) that led to the water boil notice. Mr. Portillo briefed the Commission on the problem last week (Sunday 1/8/2017) which was caused by 2

3 freezing temperatures which created condensa line, creating a leak that dropped the system s w ITEM 7. CONSIDERATION AND POSSIBLE ACTION TO APPROVE REHABILITATION OF FILTERS 4, 5 & 6 FOR WATER TREATMENT PLANT NO. 1. (continued) The drop in the water pressure led the City to issue an advisory requesting residents boil water before drinking. He said the water quality was good. Nothing happened to our water quality. Mr. Portillo recommended installing heaters and insulation to protect equipment in the event of future cold temperatures. It is rare we get a freeze. We were caught off guard. Next time we will be better prepared and will prepare an operating log. Ricardo Morado, City Attorney, asked if it was his (Lou Portillo s) recommendation after the freeze that he just discussed, that the Commission approve the rehabilitation the three filers that are the subject of this particular item 4, 5, & 6. Mr. Portillo recommended this rehab be done. Commission er Esteban M. Rodriguez moved to approve a finding that these improvements are necessary to preserve or protect the public health or safety of the municipality s residents and therefore authorize the procurement of this purchase. Commission er Rene Villafranco seconded the motion. Voting Aye; Mayor Pro Tem Antonio Gonzales, Commission ers Joe D. González, Rene Villafranco and Esteban M. Rodriguez. Motion carried to approve REHABILITATION OF FILTERS 4, 5 & 6 FOR WATER TREATMENT PLANT NO. 1 IN THE AMOUNT OF $91, ($30, FOR EACH OF 3 FILTERS) TO WATER TREATMENT TECHNOLOGIES DUE TO THE FINDING THAT THESE IMPROVEMENTS ARE NECESSARY TO PRESERVE, PROTECT THE PUBLIC HEALTH AND SAFETY OF THE MUNICIPALITY S RESIDENTS. (FUNDED WITH $600,000 IN WATER RESERVE FUNDS) ITEM 8. CONSIDERATION AND POSSIBLE ACTION ON APPROVAL OF ORDER OF ELECTION FOR THE MAY 6, 2017 CITY GENERAL ELECTION FOR THE ELECTION OF THE MAYOR AND COMMISSION ERS PLACES 1 AND 2. Lupita Passement, City Secretary briefed the Commission on the need to order for the election of the Mayor and Commission ers Place 1 and 2 for the May 6, 2017 City General Election. Commission er Rene Villafranco moved to approve. Commission er Joe D. González seconded the motion. Voting Aye; Mayor Pro Tem Antonio Gonzales, Commission ers Joe D. González, Rene Villafranco and Esteban M. Rodriguez. Motion carried to approve ORDER OF ELECTION FOR THE MAY 6, 2017 CITY GENERAL ELECTION FOR THE ELECTION OF THE MAYOR AND COMMISSION ERS PLACES 1 AND 2. ITEM 9. UPDATE ON CHRISTMAS ACTIVITIES BY SPECIAL EVENTS BOARD. Martha McClain, Public Relations Director, and Alex Leal, Chairman of the Special Events Board, presented their update on the Christmas activities as follows: Community Christmas in the Park on December 3, 2016, Community Santa Distribution, December 5, 2016, Free Outdoor Hip-Hop Concert on December 3, 2016, Annual Lighted Christmas Parade on December 10, 2016, City Open House on December 14, 2016, and Snow Day-Winter Wonderland on December 17,

4 ITEM 10. CONSIDERATION AND POSSIBLE ACTION ON REQUEST BY SPECIAL EVENTS BOARD TO HOST A 5K WALK-RUN FOR RESACAFEST 2017 Martha McClain, Public Relations Director, briefed the Commission that the Special Events Board requests approval to host a 5K Walk-Run for Resaca Fest 2017, which will provide a healthy and fun activity for residents of the City of San Benito and surrounding communities. ITEM 10. CONSIDERATION AND POSSIBLE ACTION ON REQUEST BY SPECIAL EVENTS BOARD TO HOST A 5K WALK-RUN FOR RESACAFEST (continued) Commission er Joe D. González moved to approve. Commission er Rene Villafranco seconded the motion. Voting Aye; Mayor Pro Tem Antonio Gonzales, Commission ers Joe D. González, Rene Villafranco and Esteban M. Rodriguez. Motion carried to approve REQUEST BY SPECIAL EVENTS BOARD TO HOST A 5K WALK-RUN FOR RESACAFEST 2017 ITEM 11. CONSIDERATION AND POSSIBLE ACTION ON APPOINTMENT TO THE SPECIAL EVENTS BOARD. Commission er Rene Villafranco, as recommended by the Mayor in her absence, moved to appoint Lionel Cortez to the Special Events Board. Commission er Joe D. González seconded the motion. Voting Aye; Mayor Pro Tem Antonio Gonzales, Commission ers Joe D. González, Rene Villafranco and Esteban M. Rodriguez. Motion carried to approve the APPOINTMENT OF LIONEL CORTEZ TO THE SPECIAL EVENTS BOARD TO SERVE THE UNEXPIRED TERM UNTIL JUNE ITEM 12. CONSIDERATION AND POSSIBLE ACTION ON RETAINING THE SERVICES FROM HEFFNER DESIGN TEAM. Arturo Garza, Director of Parks and Recreation, recommended the retention and start of negotiations with Heffner Design Team, local architecture firm experienced in public parks to provide architectural service for South Park. Commission er Esteban M. Rodriguez. moved to approve. Commission er Rene Villafranco seconded the motion. Voting Aye; Mayor Pro Tem Antonio Gonzales, Commission ers Joe D. González, Rene Villafranco and Esteban M. Rodriguez. Motion carried to approve RETAINING THE SERVICES FROM HEFFNER DESIGN TEAM. ITEM 13. CONSIDERATION AND POSSIBLE ACTION FOR A SUBMISSION OF A NAME FROM THE CITY OF SAN BENITO TO BE CONSIDERED FOR 2017 INDUCTION CEREMONIES AT THE HIDALGO S BORDER FEST, WALK OF FAME. Commission er Joe D. González moved to table due to the Mayor s absence. Commission er Rene Villafranco seconded the motion. Voting Aye; Mayor Pro Tem Antonio Gonzales, Commission ers Joe D. González, Rene Villafranco and Esteban M. Rodriguez. Motion carried to table SUBMISSION OF A NAME FROM THE CITY OF SAN BENITO TO BE CONSIDERED FOR 2017 INDUCTION CEREMONIES AT THE HIDALGO S BORDER FEST, WALK OF FAME UNTIL THE MAYOR WAS PRESENT. ITEM 14. UPDATE ON ROAD CONDITIONS AROUND THE SAN BENITO INDUSTRIAL PARK AREA. Adan Gonzalez, Public Works Director, updated the Commission on the survey done on the road conditions at Industrial Park with UTEX, J & B Drive. Amistad and Falcon 4

5 streets are in greatest disrepair. He provided an in-house estimate of about $5 and a contractor presented an estimate of Manager, stated the reason this item is on the several members of the Industrial Foundation businesses due to the condition of the roads. said that he wanted t he Commission t o have input in this ITEM 14. UPDATE ON ROAD CONDITIONS AROUND THE SAN BENITO INDUSTRIAL PARK AREA. (continued) They are willing to make us a loan, but the City would like to know what are they bringing in before we start any kind of commitment, and work on those streets would delay the other projects that we currently have. Commission er Esteban M. Rodriguez stated we have a list of project s and said he thought we should stick to it. He added that he is not saying they are not important, but as stated, we need to see what they are bringing in. Commission er Joe D. González recommended the City Manager sit down with the Industrial Foundation and put the findings in front of them and see what they say. Mayor Pro Tem Antonio Gonzales stated that we have streets that we have not done yet, and noted that the school district does not want to help. ITEM 15. UPDATE BY PUBLIC WORKS DEPARTMENT ON STREET MAINTENANCE PROJECTS. Adan Gonzalez, Public Works Director, updated the Commission on the street maintenance department working on Charlotte and Adele streets and they should finish soon if weather permits. Bravo Streets is awaiting for materials. Storm drain is being worked on at Hidalgo and Corral streets tomorrow. ITEM 16. CONSIDERATION AND POSSIBLE ACTION ON APPROVING AN EVENT SERVICE AGREEMENT WITH THICA FOR THE TEXAS INDEPENDENCE DAY CELEBRATION ON MARCH 11, Rachel Siller, Administrative Assistant, presented the Commission with a proposed service agreement which define d the terms of access from March 3, 2017 through March 19, Access to the property outside of these dates will be coordinated with the Parks and Recreation Department. Marco De La Fuente, President of the Texas Independent Celebration Association, said the service agreement has been received and agreed upon. Commission er Joe D. González moved to authorize this event and again partner with them and make it better and more successful, and also to negotiate and approve the service contract. Commission er Rene Villafranco seconded the motion. Voting Aye; Mayor Pro Tem Antonio Gonzales, Commission ers Joe D. González, Rene Villafranco and Esteban M. Rodriguez. Motion carried APPROVING AN EVENT SERVICE AGREEMENT WITH THICA FOR THE TEXAS INDEPENDENCE DAY CELEBRATION ON MARCH 11, ITEM 17. CONSIDERATION AND POSSIBLE ACTION ON THE 3 RD ANNUAL SAN BENITO CITIZEN S ACADEMY. Manuel De La Rosa, City Manager, stated that there were already two before this. He was asked if there was a budget for this event, and what is the level of involvement from the Commission. He said we are revisiting the whole presentation making sure it is kept within two hours, making it more focused on what we do. I think it was very 5

6 successful. Many cities do it and Ruth was volunteer to do it this year. Commission er Joe D. González stated that the Mayor has always recommended a maximum amount, and it has always been by the make sure you do some research on what we on the table City Manager, recommended approval. Mayor Pro Tem Antonio Gonzales had attended all the presentation s and they very informative. Rodriguez moved to approve and move forward seconded the motion. Voting Aye; Mayor Pro Antonio Gonzales, Joe D. González, Rene Villafranco and Esteb M. Rodriguez. approve THE 3 RD ANNUAL SAN BENITO CITIZE ITEM 18. CONSIDER FIRST READING OF ORDINANCE NO. 2539: AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF SAN BENITO, TEXAS BANNING TEXTING WHILE DRIVING; PROVIDING FOR A FINE NOT TO EXCEED $500 UPON CONVICTION THEREOF; PROVIDING FOR AN EFFECTIVE DATE AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER THEREOF. Brief discussion. No motion taken on first reading. ITEM 19. CONSIDERATION AND POSSIBLE ACTION TO INSTALL TWO NEW TRANSACTIONS WINDOWS, 2 LAMINATED WINDOWS AND 3 BOLLARDS TO THE BUILDING FOR ADDED SECURITY AT THE SAN BENITO POLICE DEPARTMENT. CONSTRUCTION WOULD BE PERFORMED BY SPAWGLASS OF HARLINGEN, WHO IS ON THE BUYBOARD CONTRACT, AT A COST OF $35, Michael Galvan, Police Chief, briefly explained the need for the installation of the two windows, 2 laminated windows and 3 bollards to the building for added security at the San Benito Police Department which would be done by Spaw Glass who is on the Buy Board and would be done in the amount of $35, It will be paid from the asset forfeiture account. Commission er Rene Villafranco moved to approve. Commission er Joe D. González seconded the motion. Voting Aye; Mayor Pro Tem Antonio Gonzales, Commission ers Joe D. González, Rene Villafranco and Esteban M. Rodriguez. Motion carried to approve TO INSTALL TWO NEW TRANSACTIONS WINDOWS, 2 LAMINATED WINDOWS AND 3 BOLLARDS TO THE BUILDING FOR ADDED SECURITY AT THE SAN BENITO POLICE DEPARTMENT. CONSTRUCTION WOULD BE PERFORMED BY SPAWGLASS OF HARLINGEN, WHO IS ON THE BUYBOARD CONTRACT, AT A COST OF $35,801.51FUNDED BY THE ASSET FORFEITURE ACCOUNT. ITEM 20.CONSIDERATION AND POSSIBLE ACTION TO REQUEST QUALIFICATIONS (RFQ) FROM ENGINEERING FIRMS TO PROVIDE PROFESSIONAL ENGINEERING SERVICES ON AS NEEDED BASIS FOR THE CITY OF SAN BENITO. Manuel De La Rosa, City Manager briefly explained the reason for the request of qualifications from engineering firms for the Commission to review, amend and or/ approve the RFQ request. Commission er Joe D. González moved to approve. Commission er Esteban M. Rodriguez seconded the motion. Voting Aye; Mayor Pro Tem Antonio Gonzales, Commission ers Joe D. González, Rene Villafranco and Esteban M. Rodriguez. Motion carried to approve THE REQUEST FOR 6

7 QUALIFICATIONS (RFQ) FROM ENGINEERING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES AS NEEDED BASIS FOR THE OF SAN BENITO. ITEM 21. PRESENTATION OF THE CITY OF SAN BENITO FINANCIAL STATEMENTS FOR THE PERIOD ENDED DECEMBER 31, Belen Pena, Finance Director presented the financial statements for the period ended December 31, The Commission convened in executive session at 6:43pm and adjourned at 7:00pm. ITEM 22. EXECUTIVE SESSION: a. Under Texas Government Code , consultation with City Attorney regarding the Water Plant No. 2 litigation. (2) To Consult with Legal Counsel Regarding the Garco Construction, LLC vs. San Benito Economic Development Corporation, Inc DCL b. Under Texas Government Code, Section , Real Property: to deliberate about acquiring land for public use. c. Under Texas Government Code, Section , to deliberate about information received from Business Prospect ITEM 23. ACTION, IF ANY, ON MATTERS DISCUSSED IN CLOSED SESSION. INFORMATION ONLY NO ACTION TAKEN ON ITEM A-C. ITEM 24. CONSIDERATION AND POSSIBLE ACTION ON APPROVING SETTLEMENT WITH GARCO CONSTRUCTION, LLC VS. SAN BENITO ECONOMIC DEVELOPMENT CORPORATION, INC DCL Commission er Joe D. González moved to approve the settlement with Garco Construction pending final approval provided by the EDC. Commission er Esteban M. Rodriguez seconded the motion. Voting Aye; Mayor Pro Tem Antonio Gonzales, Commission ers Joe D. González, Rene Villafranco and Esteban M. Rodriguez. Motion carried to approve SETTLEMENT WITH GARCO CONSTRUCTION, LLC VS. SAN BENITO ECONOMIC DEVELOPMENT CORPORATION, INC DCL PENDING APPROVAL PROVIDED BY THE ECONOMIC DEVELOPMENT CORPORATION BOARD. ITEM 25. ADJOURNMENT. Commission er Joe D. González moved to adjourn. Mayor Pro Tem Antonio Gonzales seconded the motion. Voting Aye; Mayor Pro Tem Antonio Gonzales, Commission ers Joe D. González, Rene Villafranco and Esteban M. Rodriguez. Motion carried to ADJOURN AT 7:01 P.M. 7

8 CITY OF SAN BENITO PRO TEM ATTEST: ANTONIO GONZALES, MAYOR Q LUPITA PASSEMENT, CITY SECRETARY 8