MINUTES OF THE CITY OF SAN BENITO REGULAR CITY COMMISSION MEETING August 7, 2018

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1 MINUTES OF THE CITY OF SAN BENITO REGULAR CITY COMMISSION MEETING August 7, 2018 On Tuesday, August 7, 2018 the City Commission met for a Regular Meeting at the San Benito Municipal Building in the Cesar Gonzalez Meeting Hall, located at 401 North Sam Houston Boulevard, in San Benito, Texas at 5:30 p.m. A quorum was present including the following: HONORABLE BENJAMIN GOMEZ, MAYOR, WAS THE PRESIDING OFFICER CITY COMMISSION MEMBERS Benjamin Gomez - Mayor Carol Lynn Sanchez - Mayor Pro Tem Antonio Gonzales Commissioner, Place 1 Rene Villafranco Commissioner, Place 2 Ricardo Guerra Commissioner, Place 3 ADMINISTRATIVE STAFF Randall Gomez - City Attorney Manuel De La Rosa - City Manager Ruth McGinnis Interim City Secretary ABSENT Mayor Pro Tem Carol Lynn Sanchez Ricardo Morado, City Attorney Fred Bell - Assistant to the City Manager ITEM 1. WELCOME. Mayor Benjamin Gomez called the meeting to order. The City Commission and I welcome you to our 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. Commissioner Ricardo Guerra led the City Commission and audience in reciting the Pledges of Allegiance to the United States flag and to the Texas flag. ITEM 3. INVOCATION. Mr. Lionel Betancourt led City Commission Members and audience in prayer. ITEM 4. ANNOUNCEMENTS: ITEMS OF COMMUNITY INTEREST. Mayor Benjamin Gomez congratulated Mayor Pro Tem Carol Lynn Sanchez on the birth of her son, Caleb, born yesterday ; announced the Free Back Pack Give Away, Thursday, August 9, at 5pm at Public Library ; Templo El Salvador Three Day Revival, for more information call ; Free Knitting Class every Thursday at Public Library; NFL Flag season begins September 8 at Stookey Park ; Free Adult Computer Classes starting September 10 at 8:30am-

2 at Public Library ; Free GED Tutoring English as a Second Language (ESL), Math, and Reading Classes at Public Library September 10 at 5:30pm ; Free Annual Cultural Indian Pow Wow on September 15 th at 10am at Veterans Memorial Academy ; Second Annual Resaca City Casino Night on September 20 at 7pm at Oak Hill Events Center ; on August 19, Faith Pleases God, Pastor Ortiz, will have a Back Pack Giveaway at Heavin Trail at 5pm. ITEM 5. PUBLIC COMMENTS. Ruth McGinnis, Interim City Secretary, announced Ms. Norma Boland, Vice President, Mr. Michael Scott, President, and Ms. Jennifer Sanchez, Branch Manager, from First Community Bank. Mr. Scott, President of First Community Bank, addressed the City Commission stating they know Public Bid is up and you have recommendation to move the public fund away from our bank and wanted to thank you for your business. He reminded the Commission that First Community Bank was chartered in San Benito in 1979 and coming up on the 39 th anniversary and have a multi-million dollar investment here. We are good corporate taxpayers and provide 51 jobs to the City who eat at our restaurants and shop at our stores and have a big impact in our community. We invest in the community in loans, and have bought bonds with the City and School District and we reinvestment that money locally. We d like to ask you to consider. We would be honored to consider to serve your financial services company at First Community Bank. Ruth McGinnis, Interim City Secretary, announced, Ms. Liz Chavez, Board Chair, Boys and Girls Club, who addressed City Commission reminding to take into consideration the Action Plan for CDBG funding for to remind Boys and Girls Club is a huge necessity in our community. Yesterday three bus routes were confirmed. Will serve approximately 150 kids daily after school at facility which is a 200% from last year. The more help received from City the more kids they can service. The Boys and Girls Club awarded a $150, grant from Legacy Foundation to renovate gymnasium. Great things are happening at Boys and Girls Club and with City support and working relationship great work will get better from this point forward. Ruth McGinnis, Interim City Secretary, announced Mr. Daniel Cortez, who addressed the City Commission advising representing the Historic Robertson Street Association. It is a newly formed organization currently in process of obtaining 501(c6) Tax Exempt Status. The goal is to help preserve and revitalize the historic area of Robertson Street and to develop new business. San Benito has a rich vibrant history embedded in the buildings, and we cannot allow that history to be lost. Where would San Antonio be if no one cared to preserve the Alamo? Bigger cities have had to work to draw citizens and San Benito naturally draws people here. Ruth McGinnis, Interim City Secretary announced Ms. Elsa Flores, who addressed the City Commission advising she has been in the restaurant business for the past thirteen years and is hoping to purchase another restaurant. There is not enough people and majority of people go to bigger cities instead of staying here. I would like for you to help this group to lift up the economy. We need to close Robertson Street to make events to draw people here. Ruth McGinnis, Interim City Secretary announced Mr. Moses Ornelas, who addressed the City Commission advising he s lived in San Benito and was born here. He is representing members of Historic Robertson Street Association and on behalf of La Especial Bakery, Enrique Ornelas Minutes of the Regular City Commission Meeting of August 7, 2018 Page 2 of 11

3 is his dad, and with grandfather, has been in business for seventy-five years. His wife, celebrating her first year on Robertson Street, Gardenias Boutique. He loves San Benito and is trying to get something going here by encouraging economic development in City of San Benito. Would like to start with a block party on August 18 th from 5pm to 7pm by closing Robertson Street. We will introduce the Historic Robertson Association. This evet will provide free food and drinks, and music in hope that we can get businesses going. In future would like to have monthly events, antique and vintage, food vendors and do it in the middle of month not to conflict with City events. Will be more of an upscale version, white tents, dressed up nice, bring something new to the table. We will help economic development by encouraging new business. The Historical can help with financial education to help to start a new business and encourage the City of San Benito to thrive. ITEM 6. CONSIDERATION AND POSSIBLE ACTION ON APPROVAL OF THE MINUTES OF THE REGULAR CITY COMMISSION MEETING OF JULY 17, Commissioner Antonio Gonzales moved to approve. Commissioner Ricardo Guerra seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Motion carried to APPROVE THE MINUTES OF THE REGULAR CITY COMMISSION MEETING OF JULY 17, ITEM 7. CONSIDERATION AND POSSIBLE ACTION TO APPROVE RESOLUTION NUMBER AWARDING THE PRIMARY DEPOSITORY BANK SERVICES CONTRACT TO TEXAS REGIONAL BANK AND AUTHORIZING THE MAYOR TO ACT ON THE CITY S BEHALF IN EXECUTING THE AGREEMENT NECESSARY FOR PRIMARY DEPOSITORY BANK SERVICES. Belen Pena, Finance Director, presented Mr. E.K. Hufstedler from Valley View Consulting, LLC. Mr. Hufstedler addressed the City Commission advising there are ten banks within the radius of the City and five have submitted a response and that fifty percent response was very encouraging. Reviewed by Valley View Consulting and presented findings to Belen Pena and staff. The City should consider moving forward with the offer from Texas Regional Bank. A summary is in your packet, the contract will begin October 1, 2018 thru September 30, Look at proposed fees from BBVA, First Community, Frost Bank, Lone Star and Texas Regional Bank are all shown on this table. Their proposed fees to City and under net income tally and under Texas Regional net result to City of $250, If City considers Option 1, year extension to the contract, you have ability to go with a full five year term. In that case, Texas Regional Bank net income to City will be $619, Texas Regional Bank was invited to make their presentation and demonstration, Mrs. Pena and staff found it was successful including online banking services would meet City requirements. The City maintained a balance of $8 million dollars. Making recommendation that Texas Regional Bank be awarded the depository bank services. Mayor Benjamin Gomez announced he likes to keep everything in San Benito and would like to stay with First Community Bank. Commissioner Antonio Gonzales motioned to stay with First Community Bank. Commissioner Ricardo Guerra seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Vote was unanimous for Minutes of the Regular City Commission Meeting of August 7, 2018 Page 3 of 11

4 the record. Motion carried to CONTINUE PRIMARY DEPOSITORY BANK SERVICES CONTRACT WITH FIRST COMMUNITY BANK AND AUTHORIZING THE MAYOR TO ACT ON THE CITY S BEHALF IN EXECUTING THE AGREEMENT NECESSARY FOR PRIMARY DEPOSITORY BANK SERVICES. ITEM 8. CONSIDERATION AND POSSIBLE ACTION TO APPROVE RESOLUTION : A RESOLUTION APPROVING THE BY-LAWS OF THE SAN BENITO ECONOMIC DEVELOPMENT CORPORATION, INC., AS AMENDED ON AUGUST 6, Rachel Siller, EDC Coordinator, addressed the City Commission advising the San Benito Economic Development Corporation, Inc., approved amendment to their By Laws on August 6, 2018 along with corresponding Resolution per Texas Local Government Code , all amendments to EDC By Laws must be approved by resolution of the governing body of the corporations authorizing unit, which is the San Benito City Commission. Commissioner Antonio Gonzales moved to approve. Commissioner Ricardo Guerra seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Vote was unanimous for the record. Motion carried to APPROVE RESOLUTION : A RESOLUTION APPROVING THE BY-LAWS OF THE SAN BENITO ECONOMIC DEVELOPMENT CORPORATION, INC., AS AMENDED ON AUGUST 6, ITEM 9. PRESENTATION AND UPDATE BY CITY OF SAN BENITO MAJOR MEDICAL GROUP HEALTH AND EMPLOYEE SUPPLEMENTAL INSURANCES FOR FISCAL YEAR Yolanda Villafranca, Human Resources Director, addressed the City Commission advising present is Gracie Alanis, Human Resources Assistant, Ruben Garza and Debbie Alvarez, agents of record with Lone Star Insurance Agency and Peter Moorman from Assured Benefits Administrators. Ruben Garza presented health insurance plan and served as a consultant but as your agent of record and recommendation was ABA. Mr. Moorman, ABA, presented the self- insured plan accepted last year which agreed to cap maximum same as TML fully insured. Went out to eleven carriers and received four quotes back, showing no increase this coming year if you stay with current program. Mr. Ruben Garza presented life insurance policy which stays same, voluntary life, short term disability and long term disability securing a two year rate guarantee currently with Mutual of Omaha. The GAP Plan, employees use to offset expenses and rates remain the same. Dental Plan, Ameritas no increase in rates, recommending to remain with same carrier. Vision plan, recommending City stay with Ameritas no increases. Supplemental Plans with Colonial ie cancer, critical illness, accident, electronic system efficiency by Colonial. Employees pay one hundred percent all supplementals. Lone Star Insurance Agency also represents Aflac with same rates as any other agent. Off the job accident plan offered. Yolanda Villafranca, Human Resources Director, advised City Commission there is approximately $80, in medical coverage savings being deposited to General Fund along with no premium increase to City and no premium increase to employees. Prescription, 24/7 Tel-Doc for employee and families and $150 healthy initiatives. ABA is proposing, we had a 12/12 Plan, now with a 15/12 Plan, last three months of claims will be rolled over to the new plan. Once we pick up 15/12 it will cover the next three months on next twelve months so that s a 15/12 No Motion carried, PRESENTATION ONLY. Minutes of the Regular City Commission Meeting of August 7, 2018 Page 4 of 11

5 ITEM 10. DISCUSSION AND POSSIBLE ACTION ON AFLAC SUPPLEMENTAL INSURANCE AS PRESENTED BY MS. MARTHA SALDANA, AFLAC REPRESENTATIVE. Martha Saldana, Aflac Agent, addressed City Commission advising she only represents Aflac as an agent for ten and a half years. Ms. Saldana explained different plans with Aflac insurance available to employees. Commissioner Rene Villafranco moved to approve. Commissioner Antonio Gonzales seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Motion carried to APPROVE AFLAC SUPPLEMENTAL INSURANCE AS PRESENTED BY MS. MARTHA SALDANA, AFLAC REPRESENTATIVE. ITEM 11. CONSIDERATION AND POSSIBLE ACTION TO CONTINUE WITH THE CURRENT CITY OF SAN BENITO MAJOR MEDICAL GROUP HEALTH AND EMPLOYEE SUPPLEMENTAL INSURANCES FOR FISCAL YEAR Yolanda Villafranca, Human Resources Director addressed City Commission requesting City Commission authorization to continue with Lone Star Insurance Services and recommendation to continue with ABA as our major medical provider and various supplemental insurances provided. Open enrollment is tentatively scheduled for August 15 thru 17, Commissioner Rene Villafranco moved to approve. Commissioner Antonio Gonzales seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Motion carried to APPROVE TO CONTINUE WITH THE CURRENT CITY OF SAN BENITO MAJOR MEDICAL GROUP HEALTH AND EMPLOYEE SUPPLEMENTAL INSURANCES FOR FISCAL YEAR ITEM 12. CONSIDERATION AND POSSIBLE ACTION TO AUTHORIZE THE MAYOR TO SIGN THE EXCESS LOSS INSURANCE POLICY FROM LIBERTY INTERNATIONAL UNDERWRITERS FOR STOP LOSS INSURANCE PERTAINING TO THE CITY OF SAN BENITO MAJOR MEDICAL GROUP HEALTH INSURANCE AND THE COLONIAL LIFE FLEX PLAN SUPPLEMENT FORM FOR SUPPLEMENTAL INSURANCES FOR FISCAL YEAR Yolanda Villafranca, Human Resources Director addressed City Commission requesting approval to authorize Honorable Ben Gomez to sign the Stop Loss Insurance Application with Excess Loss Insurance as part of the Major Medical Plan with A.B.A. and the Colonial Life Flex Plan Form to continue with current supplemental insurances. City Attorney has been provided with a copy and will proceed as advised with recommended changes. Commissioner Rene Villafranco moved to approve. Commissioner Ricardo Guerra seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Motion carried to APPROVE TO AUTHORIZE THE MAYOR TO SIGN THE EXCESS LOSS INSURANCE POLICY FROM LIBERTY INTERNATIONAL UNDERWRITERS FOR STOP LOSS INSURANCE PERTAINING TO THE CITY OF SAN BENITO MAJOR MEDICAL GROUP HEALTH INSURANCE AND THE COLONIAL LIFE FLEX PLAN SUPPLEMENT FORM FOR SUPPLEMENTAL INSURANCES FOR FISCAL YEAR Minutes of the Regular City Commission Meeting of August 7, 2018 Page 5 of 11

6 ITEM 13. CONSIDERATION AND POSSIBLE ACTION ON APPOINTMENT OF A PARKS & RECREATION ADVISORY BOARD MEMBER TO PLACE 2, FOR TERM EXPIRING MAY 31, Art Garza, Parks & Recreation Director addressed City Commission requesting appointment of a Board Member to Place 2 of the Parks & Recreation Advisory Board. Commissioner Rene Villafranco moved to reappoint Mr. Jeremy Maya to Place 2 of the Parks & Recreation Advisory Board. Commissioner Antonio Gonzales seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Motion carried to APPROVE THE REAPPOINTMENT OF MR. JEREMY MAYA TO PLACE 2 OF THE PARKS & RECREATION ADVISORY BOARD FOR TERM EXPIRING MAY 31, ITEM 14. CONSIDERATION AND POSSIBLE ACTION ON APPOINTMENT OF A PARKS & RECREATION ADVISORY BOARD MEMBER TO PLACE 3, FOR TERM EXPIRING MAY 31, Art Garza, Parks & Recreation Director addressed City Commission requesting appointment of a Board Member to Place 3 of the Parks & Recreation Advisory Board. Commissioner Ricardo Guerra moved to reappoint Mr. Julian Rios Place 3 of the Parks & Recreation Advisory Board. Commissioner Antonio Gonzales seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Motion carried to APPROVE THE REAPPOINTMENT OF MR. JULIAN RIOS TO PLACE 3 OF THE PARKS & RECREATION ADVISORY BOARD FOR TERM EXPIRING MAY 31, ITEM 15. CONSIDERATION AND POSSIBLE ACTION ON APPOINTMENT OF A PARKS & RECREATION ADVISORY BOARD MEMBER, PLACE 4, FOR TERM EXPIRING MAY 31, Art Garza, Parks & Recreation Director addressed City Commission requesting appointment of a Board Member to Place 4 of the Parks & Recreation Advisory Board. Commissioner Rene Villafranco moved to table this item. Commissioner Antonio Gonzales seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Motion carried to TABLE THIS AGENDA ITEM. ITEM 16. CONSIDERATION AND POSSIBLE ACTION TO APPROVE THE PURCHASE AND INSTALLATION OF THE SOCCER FIELD LIGHTING FOR ONE FIELD AT SOUTHSIDE PARK. Art Garza, Parks & Recreation Director addressed City Commission thanking them for their support on this project. Providing Buy Board estimate for purchase and installation of four sixty foot galvanized steel poles and sixteen LED light fixtures at Southside Park, once approved will send to the Texas Parks and Wildlife for approval as well. Commissioner Antonio Gonzales Minutes of the Regular City Commission Meeting of August 7, 2018 Page 6 of 11

7 moved to approve. Commissioner Rene Villafranco seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Motion carried to APPROVE THE PURCHASE AND INSTALLATION OF THE SOCCER FIELD LIGHTING FOR ONE FIELD AT SOUTHSIDE PARK. ITEM 17. CONSIDERATION AND POSSIBLE ACTION TO APPROVE THE PURCHASE AND INSTALLATION OF A SPLASH PAD AT SOUTHSIDE PARK. Art Garza, Parks & Recreation Director addressed City Commission advising this is also a Buy Board vendor and has provided two options. Option one is lesser of the two which he recommends and once approved will send to the Texas Parks and Wildlife for approval as well. Commissioner Rene Villafranco moved to approve Option 1 of Splash Pad purchase. Commissioner Antonio Gonzales seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Motion carried to APPROVE OPTION ONE OF THE PURCHASE AND INSTALLATION OF A SPLASH PAD AT SOUTHSIDE PARK. ITEM 18. CONSIDERATION AND POSSIBLE ACTION TO APPROVE THE FISCAL YEAR ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING. Rachel Siller, EDC Coordinator, addressed City Commission advising before them is the amended draft for the Annual Action Plan for CDBG for Grant Year Forty-Four, Fiscal Year It was published in San Benito News on July 27, No additional comments were received during the ten day comment period. Ms. Siller read thoroughly the action plan. Commissioner Antonio Gonzales questioned $16, that were to be for non-profit. Ms. Siller advised Commissioner Antonio Gonzales we had $16, from for two program years which was published and will accept applications at end of August which will be a separate agenda item. Attorney Randall Gomez asked Commissioner Antonio Gonzales to abstain from voting on this agenda item because some of the allocation of the money is going to Amigos Del Valle and he being a Board Member so we do not want any conflict of interest and he would ask the same from Commissioner Carol Lynn Sanchez, but obviously she is not here today. Commissioner Antonio Gonzales advised he had already been advised by the City Manager and he was recusing himself. Commissioner Rene Villafranco moved to approve. Commissioner Ricardo Guerra seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Abstained; Commissioner Antonio Gonzales. Motion carried to APPROVE THE FISCAL YEAR ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING. Minutes of the Regular City Commission Meeting of August 7, 2018 Page 7 of 11

8 ITEM 19. CONSIDERATION AND POSSIBLE ACTION TO APPROVE RESOLUTION , AUTHORIZING THE MAYOR OR HIS DESIGNEE TO APPROVE THE APPLICATION AND ACCEPTANCE OF ANY LOCAL BORDER SECURITY PROGRAM (LBSP) GRANT FUNDS THAT THE OFFICE OF THE GOVERNOR, HOMELAND SECURITY GRANTS DIVISION, ISSUES FOR THE PERIOD OF PERFORMANCE OF SEPTEMBER 1, 2018 AND ENDING AUGUST 31, (BL-19 LOCAL BORDER SECURITY PROGRAM). Police Chief Michael Galvan addressed City Commission requesting approval of Resolution allowing Mayor to approve the application and acceptance of any Local Border Security Grant funds. In the past this was known as Operation Border Star and name has changed to Border Security. We are entering a new year and wish to continue with grant. Monies allow the Police Department to enhance patrol within the City and assist with operations in and around the city. The grant amount is $30, of which $1, is to cover supplies and operating expenses and $28, is to cover overtime for all peace officers. Commissioner Antonio Gonzales moved to approve. Commissioner Rene Villafranco seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Motion carried to APPROVE RESOLUTION , AUTHORIZING THE MAYOR OR HIS DESIGNEE TO APPROVE THE APPLICATION AND ACCEPTANCE OF ANY LOCAL BORDER SECURITY PROGRAM (LBSP) GRANT FUNDS THAT THE OFFICE OF THE GOVERNOR, HOMELAND SECURITY GRANTS DIVISION, ISSUES FOR THE PERIOD OF PERFORMANCE OF SEPTEMBER 1, 2018 AND ENDING AUGUST 31, (BL-19 LOCAL BORDER SECURITY PROGRAM). ITEM 20. CONSIDERATION AND POSSIBLE ACTION TO APPROVE A CONTRACTUAL AGREEMENT WITH SAENZ BROTHERS CONTRUCTION FOR THE ECOTOURISM PIERS- WETLANDS PHASE III GENERAL LAND OFFICE, CONTRACT NUMBER Bernard Rodriguez, Planning and Development Director addressed City Commission requesting approval of project potential to create ecotourism due to unlimited water source and huge area to accommodate and will reconstruct existing piers into observation deck with perimeter guardrails, galvanized wire mesh and connecting walk way. Lowest bid is Saenz Brothers Construction and recommends approval.commissioner Antonio Gonzales expressed City has experienced problems with Saenz Brothers Construction in the past. Bernard Rodriguez advised qualifications have been set high and they meet them. Martha McClain, Public Relations Director advised City Commission that Victor Gutierrez was the engineer for the project, and the engineering firm had a problem meeting the requirements and we had to let go of some of the items that were in the contract. City Manager Manuel De La Rosa asked what happens if do not move forward or if we don t do this at all how does this affect the grant. Mr. Rodriguez advised there is a timeline end of September. Mayor Benjamin Gomez requested to table this item to get more clarification. City Manager Manuel De La Rosa advised Phase I of Wetlands met our sanitary sewer overflowing initiative, Phase II and Phase III free monies are not always free, to send public works, ecotourism is coming but not to San Benito Minutes of the Regular City Commission Meeting of August 7, 2018 Page 8 of 11

9 first, will be at South Padre Island. If we don t move forward we lose some funds from General Land Office. Bernard Rodriguez advised amount budgeted for this project is $30, Total is $86, and have spent monies on palms and pipes, and getting water to that area. City Manager Manuel De La Rosa recommended to City Commission to table this item and place at another meeting. Commissioner Rene Villafranco moved to table this item. Commissioner Antonio Gonzales seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Motion carried to TABLE THIS AGENDA ITEM. ITEM 21. DISCUSSION AND POSSIBLE ACTION ON REQUEST FOR STATEMENTS OF QUALIFICATIONS FOR CITY ATTORNEY. City Manager Manuel De La Rosa addressed City Commission advising he had ed them regarding the RFQ. Looked at several cities and made changes accordingly to make it fit us. He highlighted areas on page 6 is the fees. The monthly retainer, was not part with Mr. Morado, you can set hours for example, 20 hours at $ that s about $3, or you can just bill it. On page 7, results of an interview, how you select, will take myself out of this equation. Are you going to interview, will you score and I ll give another review. Assuming you will have a contract, if you want one, it s not in here. Just providing basic information to you. Commissioner Rene Villafranco moved to approve motion to publish. Commissioner Antonio Gonzales seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Motion carried to APPROVE TO PUBLISH REQUEST FOR STATEMENTS OF QUALIFICATIONS FOR CITY ATTORNEY. ITEM 22. PRESENTATION OF THE CITY OF SAN BENITO FINANCIAL STATEMENTS FOR THE PERIOD ENDED JUNE 30, Belen Pena, Finance Director addressed City Commission presenting financial statements which have been posted on the city website. No Motion carried PRESENTATION ONLY. ITEM 23. EXECUTIVE SESSION: A) UNDER TEXAS GOVERNMENT CODE, SECTION (2) CONSULTATION WITH ATTORNEY TO PROVIDE LEGAL ADVICE AND COUNSEL IN CONNECTION WITH THE CITY S RIGHTS, DUTIES, PRIVILEGES, AND OBLIGATIONS UNDER CHAPTER 143 AND 174 OF THE TEXAS LOCAL GOVERNMENT CODE AND IN RESPONSE TO THE NOTICE OF INTENT TO COLLECTIVELY BARGAIN TENDERED BY THE SAN BENITO POLICE OFFICER S ASSOCIATION. Minutes of the Regular City Commission Meeting of August 7, 2018 Page 9 of 11

10 B) UNDER TEXAS GOVERNMENT CODE, SECTION (2), CONSULTATION WITH CITY ATTORNEY ON T.C.E.Q. PROPOSED AGREED ORDER FOR SETTLEMENT PURPOSES ONLY. THE CITY COMMISSION CONVENED INTO EXECUTIVE SESSION AT 7:13 P.M. AND ADJOURNED AT 7:56 P.M. ITEM 24. ACTIONS TO BE TAKEN, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION. ITEM 23. EXECUTIVE SESSION: A) UNDER TEXAS GOVERNMENT CODE, SECTION (2) CONSULTATION WITH ATTORNEY TO PROVIDE LEGAL ADVICE AND COUNSEL IN CONNECTION WITH THE CITY S RIGHTS, DUTIES, PRIVILEGES, AND OBLIGATIONS UNDER CHAPTER 143 AND 174 OF THE TEXAS LOCAL GOVERNMENT CODE AND IN RESPONSE TO THE NOTICE OF INTENT TO COLLECTIVELY BARGAIN TENDERED BY THE SAN BENITO POLICE OFFICER S ASSOCIATION. No Motion carried, DISCUSSION ONLY. B) UNDER TEXAS GOVERNMENT CODE, SECTION (2), CONSULTATION WITH CITY ATTORNEY ON T.C.E.Q. PROPOSED AGREED ORDER FOR SETTLEMENT PURPOSES ONLY. Mayor Benjamin Gomez requested a motion on 23 (b) to open discussion with TCEQ to settle matter by making necessary improvements and performing the Supplemental Environment Project. Commissioner Rene Villafranco moved to approve. Commissioner Antonio Gonzales seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Motion carried to APPROVE CITY TO SETTLE T.C.E.Q. PROPOSED AGREED ORDER FOR SETTLEMENT PURPOSES. Minutes of the Regular City Commission Meeting of August 7, 2018 Page 10 of 11

11 ITEM 15. ADJOURNMENT. Mayor Benjamin Gomez announced to adjourn. Commissioner Rene Villafranco moved to approve. Commissioner Antonio Gonzales seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, Commissioner Rene Villafranco, and Commissioner Ricardo Guerra. Motion carried to ADJOURN AT 7:57 P.M. CITY OF SAN BENITO HONORABLE BENJAMIN BEN GOMEZ MAYOR ATTEST: RUTH MCGINNIS DEPUTY CITY SECRETARY Minutes of the Regular City Commission Meeting of August 7, 2018 Page 11 of 11

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