CITY COMMISSION REGULAR MEETING August 16, 2016 On August 16, 2016 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: CELESTE Z. SANCHEZ MAYOR AS THE PRESIDING OFFICER C I T Y C O M M I S S I O N Celeste Z. Sanchez ~ Mayor 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 Ricardo Morado ~ City Attorney Manuel De La Rosa ~ City Manager Arturo Rodriguez ~ Assistant City Manager Lupita Passement ~ City Secretary ITEM 1. WELCOME. Mayor Celeste Sanchez called the meeting to order. The City Commission and I welcome you to your Regular City Commission Meeting. The time is 5:30 and we have a quorum. Welcome elected officials, staff, citizens and visitors. ITEM 2. PLEDGE OF ALLEGIANCE TO THE U S FLAG AND TO THE TEXAS FLAG. Commission er Esteban M. Rodriguez led the Pledge s of Allegiance to the US Flag and the Texas Flag. ITEM 3. INVOCATION. Invocation was recited by Lionel Betancourt, President of the Chamber of Commerce. ITEM 4. ANNOUNCEMENTS: ITEMS OF COMMUNITY INTEREST. Mayor Celeste Sanchez congratulated the Friends of the Library and the Library for a successful distribution of backpacks to 70 students and there were many people still standing outside, which will encourage the Friends to make it a larger event next year.
ITEM 5. PUBLIC COMMENTS. Dr. Enriqueta Ramos spoke on the mentoring/tutoring program that is ongoing for middle school ages and adults which has been increased now to the 2 nd and 4 th Monday and Wednesdays of the month from 5:00 to 6:30 pm. The sessions are being sponsored by the City of San Benito and the Citizens Academy II Graduates at the San Benito Public Library, 101 W. Rose Street. Ben Cortez spoke on the ethics ordinance. Marco De La Fuente spoke on the THICA, November 4, where there will be presentation for the school district and making it a field trip. Details are still in the works. ITEM 6.CONSIDERATION AND POSSIBLE ACTION ON APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF AUGUST 2, 2016 AND SPECIAL BUDGET WORKSHOP MEETING OF AUGUST 8, 2016. Commission er Esteban M. Rodriguez moved to approve. Mayor Pro Tem Antonio Gonzales Gonzales and Commission er Esteban M. Rodriguez. Commission ers Joe D. González and Rene Villafranco abstained due to their absence. Motion carried to approve MINUTES OF THE REGULAR MEETING OF AUGUST 2, 2016. Commission er Joe D. González moved to approve. Mayor Pro Tem Antonio Gonzales seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to approve SPECIAL BUDGET WORKSHOP MEETING OF AUGUST 8, 2016. ITEM 7. PRESENTATION, DISCUSSION AND APPROVAL OF CITY OF SAN BENITO AND CITY OF SAN BENITO ECONOMIC DEVELOPMENT CORPORATION INVESTMENT REPORTS FOR THE THIRD QUARTER ENDED JUNE 30, 2016, PRESENTED BY THE CITY S INDEPENDENT INVESTMENT CONSULTANT SUSAN ANDERSON FROM VALLEY VIEW CONSULTING, LLC. Susan Anderson, Valley View Consulting, LLC., presented the third quarter period report ending June 30, 2016 which included investment reports for the City of San Benito and the San Benito Economic Development Corporation. She stated there was still a lot of money. Mayor Celeste Sanchez asked Susan for clarification on her statement of a lot of money. Susan said money that is already allocated. Commission er Rene Villafranco moved to approve. Commission er Esteban M. Rodriguez seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to approve CITY OF SAN BENITO AND CITY OF SAN BENITO ECONOMIC DEVELOPMENT CORPORATION INVESTMENT REPORTS FOR THE THIRD Q UARTER ENDED JUNE 30, 2016. ITEM 8. CONSIDER AND POSSIBLE ACTION ON APPROVAL OF PAYMENT REQUEST NO. 2 TO GO UNDERGROUND LLC FOR STREET UTILITIES IMPROVEMENTS. Robert Viera, Supervisor, was introduced by Richard Correa. Commission er Joe D. González moved to approve. Esteban M. Rodriguez seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to approve PAYMENT REQUEST NO. 2 TO GO UNDERGROUND LLC FOR STREET UTILITIES IMPROVEMENTS MONEY IS FROM BONDS. City Commis sion Regular Meeting Minutes August 16, 2016 2
ITEM 9. CONSIDER AND POSSIBLE ACTION ON AWARDING CONTRACT TO LOW BIDDER FOR SOUTH PARK UTILITY IMPROVEMENTS TO G & T PAVING, LLC IN THE AMOUNT OF $79,497.50. Victor M. Gutierrez Jr., Coym, Rehmet & Gutierrez Engineering, L.P. briefed the Commission on awarding the low bid for South Park Utility Improvements to G & T Paving, LLC in the amount of $79,497.50, Contractor s qualifications, references, and bid documents have been reviewed and are satisfactory. He recommend awarding a construction contract to G&T Paving, LLC for the total base bid. Commission er Joe D. González moved to approve. Esteban M. Rodriguez seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to approve AWARDING CONTRACT TO LOW BIDDER FOR SOUTH PARK UTILITY IMPROVEMENTS TO G & T PAVING, LLC IN THE AMOUNT OF $79,497.50 (NO PERFORMANCE BOND NEEDED UNDER $100,000) ITEM 10. UPDATE ON RESACA FEST 2016. Alex Leal, Chairman of Resaca Fest and Martha McClain, Public Relations Director, briefed the Commission on the annual ResacaFest festival on July 2, 2016 which was successful and drew thousands of people to the event. The grand finale was a fireworks extravaganza over the Resaca at 10:30. Also presented for review was the financial report of revenues and expenditures. ITEM 11. UPDATE ON STREET MAINTENANCE/WETLANDS. Adan Gonzalez, Public Works Director briefed the Commission on the continued work with the installation of an 8-inch force main at the Wetlands Project and removal and repairs of Stookey Park Boys and Girls Club fence, and crews also worked on infrastructure on Charlotte Street. Manuel De La Rosa, City Manager, told the Commission that no more streets will be done this fiscal year because there is no money in that fund, but street crews are staying very busy with the wetlands, drainage, pot holes, etc. ITEM 12. UPDATE ON THE HOSTING EVENT RECOGNIZING VIETNAM VETERANS OF THE RIO GRANDE VALLEY. Martha McClain, Public Relations Director, updated the Commission on the Vietnam Veterans event to be held on October 24 at the Veterans Memorial Academy. This event is in accordance with Public Law enacted in 2008 entitled the National Defense Authorization Act which authorized the Secretary of Defense to conduct a program to commemorate the 50 th anniversary of the Vietnam War. We plan to thank and honor veterans of the Vietnam War, including personnel who were held as prisoners of war (POW), or listed as missing in action (MIA), for their service and sacrifice on behalf of the United States and to thank and honor the families of these veterans. ITEM 13. CONSIDER AND POSSIBLE ACTION ON SECOND AND FINAL READING OF ORDINANCE NO. 2532. AN ORDINANCE ADOPTING THE CITY OF SAN BENITO COMPREHENSIVE PLAN. Commission er Rene Villafranco moved to approve. Mayor Pro Tem Antonio Gonzales City Commis sion Regular Meeting Minutes August 16, 2016 3
Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to approve SECOND AND FINAL READING OF ORDINANCE NO. 2532. AN ORDINANCE ADOPTING THE CITY OF SAN BENITO COMPREHENSIVE PLAN. ITEM 14. CONSIDER AND POSSIBLE ACTION ON SECOND AND FINAL READING OF ORDINANCE NO. 2533. AN ORDINANCE ADOPTING THE CITY OF SAN BENITO DOWNTOWN REVITALIZATION PLAN. Commission er Joe D. González moved to approve. Mayor Pro Tem Antonio Gonzales Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to approve SECOND AND FINAL READING OF ORDINANCE NO. 2533. AN ORDINANCE ADOPTING THE CITY OF SAN BENITO DOWNTOWN REVITALIZATION PLAN. ITEM 15. CONSIDER AND POSSIBLE ACTION ON SECOND AND FINAL READING OF ORDINANCE NO. 2534. AN ORDINANCE ADOPTING THE CITY OF SAN BENITO PARKS AND RECREATION MASTER PLAN. Commission er Joe D. González mentioned that there were beautiful mesquite trees at the park site and he would like to save them (Phase II). Ricardo Morado, City Attorney stated if the Commission was looking at that, the plan should be amended. Commission er Esteban M. Rodriguez moved to approve. Commission er Rene Villafranco seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to approve SECOND AND FINAL READING OF ORDINANCE NO. 2534. AN ORDINANCE ADOPTING THE CITY OF SAN BENITO PARKS AND RECREATION MASTER PLAN. ITEM 16. CONSIDER AND POSSIBLE ACTION ON APPOINTMENT/RE-APPOINTMENT OF THE CITY OF SAN BENITO AMIGOS DEL VALLE ANNUAL BOARD REPRESENTATIVE AND ALTERNATE REPRESENTATIVE. Commission er Joe D. González moved to reappoint Mayor Pro Tem Antonio Gonzales as Representative, and George Machuca as Alternate, to the Amigos Del Valle Board for the fiscal year 2016-2017. Commission er Rene Villafranco seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to approve APPOINTMENT/RE-APPOINTMENT OF THE CITY OF SAN BENITO AMIGOS DEL VALLE ANNUAL BOARD REPRESENTATIVE AND ALTERNATE REPRESENTATIVE. ITEM 17. CONSIDER AND POSSIBLE ACTION ON RESOLUTION 2016-18: A RESOLUTION AUTHORIZING SIGNATORIES FOR GREEN BANK, N.A. UPTOWN ACCOUNT. Commission er Rene Villafranco moved to approve. Commission er Joe D. González Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to approve RESOLUTION 2016-18: A RESOLUTION AUTHORIZING SIGNATORIES FOR GREEN BANK, N.A. UPTOWN ACCOUNT. City Commis sion Regular Meeting Minutes August 16, 2016 4
ITEM 18.CONSIDER AND POSSIBLE ACTION TO APPROVE THE SOLICITATION OF DONATIONS FROM LOCAL VENDORS FOR VARIOUS EVENTS SPONSORED BY THE SAN BENITO POLICE DEPARTMENT. Michael Galvan, Interim Police Chief, briefed the Commission on their request for approval from local vendors for the following events: Food Drive for the San Benito Food Pantry, School supply/backpack drive, National Night Out, Halloween Candy Drive-Give Away, Thanksgiving event at the San Benito Housing Authority and the Blue Santa Toy Drive, and he would write letters signed by the Mayor and Commission ers thanking the vendors. Commission er Joe D. González moved to approve. Commission er Rene Villafranco Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to approve THE SOLICITATION OF DONATIONS FROM LOCAL VENDORS FOR VARIOUS EVENTS SPONSORED BY THE SAN BENITO POLICE DEPARTMENT. ITEM 19. CONSIDER AND POSSIBLE ACTION TO APPROVE THE PURCHASE OF NEW CUBICLES FROM GATEWAY OFFICE FURNITURE FOR THE PATROL DIVISION. Michael Galvan, Interim Police Chief, briefed the Commission on the need for the Police Department to purchase new cubicles from Gateway Office Furniture to replace the ones that are currently in poor condition. Gateway is on Buyboard and they offer an excellent warranty on the products selected under HON. The total amount of purchase will be $16,588.87, which will be taken from the Asset Forfeiture account. Commission er Joe D. González moved to approve. Commission er Esteban M. Rodriguez seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to approve THE PURCHASE OF NEW CUBICLES FROM GATEWAY OFFICE FURNITURE FOR THE PATROL DIVISION FROM GATEWAY OFFICE FURNTURE IN THE AMOUNT OF $16,588.87 FROM THE ASSET FORFEITURE ACCOUNT. ITEM 20.CONSIDER AND POSSIBLE ACTION ON THE OPERATION STONEGARDEN INTERLOCAL AGREEMENT NUMBER 2016C07166 BETWEEN THE CITY OF SAN BENITO AND CAMERON COUNTY. Michael Galvan, Interim Police Chief, briefed the Commission the approval of the Interlocal Agreement Operation StoneGarden between the City of San Benito and Cameron County. Mayor Pro Tem Antonio Gonzales moved to approve. Commission er Rene Villafranco Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to approve THE OPERATION STONEGARDEN INTERLOCAL AGREEMENT NUMBER 2016C07166 BETWEEN THE CITY OF SAN BENITO AND CAMERON COUNTY. ITEM 21. CONSIDER AND POSSIBLE ACTION FOR RATIFICATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT 2016-2017 APPLICATION FOR FEDERAL ASSISTANCE. Rachel Siller, Economic Development Administrative Assistant, briefed the Commission on the need for ratification of the Community Development Block Grant for 2016-2017 which had City Commis sion Regular Meeting Minutes August 16, 2016 5
already been submitted. Monies were allocated back in June. Commission er Joe D. González moved to approve. Commission er Rene Villafranco seconded the motion. ITEM 21. CONSIDER AND POSSIBLE ACTION FOR RATIFICATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT 2016-2017 APPLICATION FOR FEDERAL ASSISTANCE. (continued) Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to approve the RATIFICATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT 2016-2017 APPLICATION FOR FEDERAL ASSISTANCE. ITEM 22. DISCUSSION AND POSSIBLE ACTION TO RENOVATE AND MAKE IMPROVEMENTS TO THE CITY S ANIMAL SHELTER LOCATED AT 1400 LINE 20. Fred Bell, Planning Director, briefed the Commission on the needed improvements that the City s Animal Shelter located at 1400 Line 20 Road. The current capacity of the animal shelter is 6 stalls. The project would add 12-stalls and make other improvements on site to protect the animals being housed. The intent is to utilize funds from a line item within the same department division and create a new line item for Maintenance-Animal Shelter. Most of the labor will be done by Public Works personnel. The money will be coming from the reallocation of $20,000 from Code Enforcement budget line item titled, Professional Services into a new line item titled Maintenance Animal Facilities. The reallocation will not exceed the overall approved budget for the department. Commission er Joe D. González moved to approve. Commission er Rene Villafranco seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to approve to RENOVATE AND MAKE IMPROVEMENTS TO THE CITY S ANIMAL SHELTER LOCATED AT 1400 LINE 20 IN THE AMOUNT OF APPROXIMATELY $16,000. ITEM 23. PRESENTATION OF THE CITY OF SAN BENITO FINANCIAL STATEMENTS FOR THE PERIOD ENDED JULY 31, 2016. Nereida Perez, Assistant Finance Director presented the financial statements for the period ended July 31, 2016. ITEM 24. DISCUSSION AND APPROVAL TO EXTEND THE CITY S BANK DEPOSITORY SERVICES CONTRACT WITH FIRST COMMUNITY BANK FOR AN ADDITIONAL ONE- YEAR TERM ENDING ON SEPTEMBER 30, 2017. Manuel De La Rosa, City Manager, briefed the Commission that approval was needed to extend the City s Bank Depository Services Contract with First Community Bank for an additional one-year term ending September 30, 2017, due to the length of time the going out for proposals would take. Commission er Joe D. González moved to approve. Commission er Esteban M. Rodriguez seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to EXTEND THE CITY S BANK DEPOSITORY SERVICES CONTRACT WITH FIRST COMMUNITY BANK FOR AN ADDITIONAL ONE-YEAR TERM ENDING ON SEPTEMBER 30, 2017. City Commis sion Regular Meeting Minutes August 16, 2016 6
ITEM 25. EXECUTIVE SESSION: a. Attorney consultation pursuant to Section 551.071, Texas Gov't Code to provide legal advice to the City Commission regarding its rights, duties, privileges, and obligations in connection with the collective bargaining negotiations initiated by the duly recognized police association by notice dated May 1, 2016 and related legal issues. b. Under Texas Government Code, Section 551.087 to deliberate about information received from a Business prospect 2016-4. c. Under Texas Government Code 551.071, consultation with City Attorney regarding the Water Plant No. 2 litigation. d. Under Texas Government Code 551.071 to consult with legal counsel regarding Cruz Hogan v. City of San Benito. The Commission convened in executive session at 6:35 pm. and adjourned at 7:16 pm. ITEM 26. ACTION TO BE TAKEN, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION. a. Attorney consultation pursuant to Section 551.071, Texas Gov't Code to provide legal advice to the City Commission regarding its rights, duties, privileges, and obligations in connection with the collective bargaining negotiations initiated by the duly recognized police association by notice dated May 1, 2016 and related legal issues. NO ACTION INFORMATION ONLY. b. Under Texas Government Code, Section 551.087 to deliberate about information received from a Business prospect 2016-4. Commission er Joe D. González moved to authorize the City Manager and City Attorney to continue deliberations with the business prospect 2016-4. Commission er Rene Villafranco seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commission ers Esteban M. Rodriguez, Joe D. González and Rene Villafranco. Motion carried to AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY TO CONTINUE DELIBERATIONS WITH THE BUSINESS PROSPECT 2016-4 c. Under Texas Government Code 551.071, consultation with City Attorney regarding the Water Plant No. 2 litigation. NO ACTION INFORMATION ONLY. d. Under Texas Government Code 551.071 to consult with legal counsel regarding Cruz Hogan v. City of San Benito. NO ACTION INFORMATION ONLY. City Commis sion Regular Meeting Minutes August 16, 2016 7
ITEM 27. ADJOURNMENT. Commission er Joe D. González moved to adjourn. Mayor Pro Tem Antonio Gonzales seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commission er Esteban M. Rodriguez. Joe D. González and Rene Villafranco. Motion carried to ADJOURN AT 7:17 P.M. CITY OF SAN BENITO ATTEST: CELESTE SANCHEZ, MAYOR LUPITA P ASSEMENT, CITY SECRETARY City Commis sion Regular Meeting Minutes August 16, 2016 8