MINUTES OF THE CITY OF SAN BENITO REGULAR CITY COMMISSION MEETING May 1, 2018 On Tuesday, May 1, 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 Esteban Rodriguez Commissioner, Place 3 ADMINISTRATIVE STAFF Ricardo Morado - City Attorney Manuel De La Rosa - City Manager Fred Bell - Assistant to the City Manager Ruth McGinnis Deputy City Secretary ABSENT Commissioner Antonio Gonzales Lupita Passement City Secretary 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 Esteban Rodriguez 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 expressed well wishes and a speedy recovery to Commissioner Antonio Gonzales as he is coming out of the hospital today. He also announced today is last day of early voting at the Community Building from 8am to 8pm; May 3 National Prayer Day; May 5 Election Day 7am to 7pm different polling placing; May 12 San Benito Bike Rodeo; May 19 Hog Waddle.
ITEM 5. PUBLIC COMMENTS. Ruth McGinnis, Deputy City Secretary, announced Ms. Toni Crane and Dr. Enriqueta Ramos present to speak in Public Comments. Ms. Toni Crane, Chamber of Commerce President, announced Market Days is on third week of the month and same date as Hog Waddle. Introduced Ms. Anna Putegnat, new Executive Director. Dr. Enriqueta Ramos talked about the mentoring and teaching program for past two years at City Library taught English, Spanish, and Math, will not be teaching in summer. ITEM 6. CONSIDERATION AND POSSIBLE ACTION ON APPROVAL OF THE MINUTES OF THE REGULAR CITY COMMISSION MEETING OF APRIL 17, 2018. Mayor Pro Tem Carol Lynn Sanchez moved to approve. Commissioner Rene Villafranco seconded the motion. Voting Aye; Mayor Benjamin Gomez, Mayor Pro Tem Carol Lynn Sanchez, Commissioner Rene Villafranco, and Commissioner Esteban Rodriguez. Motion carried to APPROVE THE MINUTES OF THE REGULAR CITY COMMISSION MEETING OF APRIL 17, 2018. ITEM 7. PRESENTATION OF CERTIFICATES OF APPRECIATION TO THE HOME DEPOT FOUNDATION FOR A $3,000.00 GRANT TO THE CITY OF SAN BENITO FOR PAINTING SUPPLIES AND VOLUNTEER SERVICES AT THE SAN BENITO VETERANS WAR MEMORIAL. Mayor Ben Gomez skipped this agenda item due to Home Depot not able to be present. ITEM 8. PRESENTATION OF CERTIFICATES OF APPRECIATION TO MEMBERS OF THE SAN BENITO HIGH SCHOOL NATIONAL JUNIOR ROTC AND MEMBERS OF THE VETERANS ADVISORY BOARD FOR THEIR SERVICE AT A WORK DAY AT THE SAN BENITO VETERANS WAR MEMORIAL. Martha McClain, Public Relations Director, addressed City Commission advising City received a $3,000.00 grant from Home Depot to paint the Veterans War Memorial. Issuing Certificates of Appreciation to all volunteers and to Mr. Jose Castillo and Mr. Michael Watkins from the Veterans Advisory Board. Mayor Ben Gomez commended all volunteers. ITEM 9. CONSIDERATION AND POSSIBLE ACTION ON THE APPROVAL OF RESOLUTION NUMBER 2018-005, A RESOLUTION IN SUPPORT OF THE HOUSING AUTHORITY OF THE CITY OF SAN BENITO S AFFORDABLE HOUSING PROGRAM RENTAL PROJECT APPLICATION TO THE FEDERAL HOME LOAN BANK OF DALLAS. City Manager Manuel De La Rosa advised City Commission City received letter from Ms. Yvette Nieto, requesting letter of support to build eight homes outside Stone Village Community Housing, south of Line 17. Ms. Nieto and Mr. Cortez are present to answer questions. Commissioner Rene Villafranco moved to approve. Commissioner Esteban Rodriguez seconded the motion. Voting Aye; Mayor Benjamin Gomez, Mayor Pro Tem Carol Lynn Sanchez, Commissioner Rene Villafranco, and Commissioner Esteban Rodriguez. Motion carried to APPROVE RESOLUTION NUMBER 2018-005, A RESOLUTION IN SUPPORT OF THE HOUSING AUTHORITY OF THE CITY OF SAN BENITO S AFFORDABLE HOUSING PROGRAM RENTAL PROJECT APPLICATION TO THE FEDERAL HOME LOAN BANK OF DALLAS. Regular City Commission Meeting Minutes of May 1, 2018 2
ITEM 10. CONSIDERATION AND POSSIBLE ACTION ON THE APPROVAL OF THE SECOND AND FINAL READING OF ORDINANCE NO. 2548, AN ORDINANCE AMENDING ORDINANCE NO. 2532, CITY OF SAN BENITO COMPREHENSIVE PLAN, SECTION 2.3: FUTURE LAND USE CHARACTER MAP 2.1, PER LOCAL GOVERNMENT CODE SECTION 213.003 (a) (1); PROVIDING A REPEAL OF CONFLICTING ORDINANCES, AND PROVIDING AN EFFECTIVE DATE. Bernard Rodriguez, Planning & Zoning Director addressed the City Commission this item has gone through Public Hearings, First Reading, and Notice within 200 foot radius and did not receive any comments for nor against the project.. City Manager Manuel De La Rosa advised this property is located southwest corner of San Jose Road and Sam Houston, commercial tract being proposed. Commissioner Esteban Rodriguez moved to approve. Commissioner Rene Villafranco seconded the motion. Voting Aye; Mayor Benjamin Gomez, Mayor Pro Tem Carol Lynn Sanchez, Commissioner Rene Villafranco, and Commissioner Esteban Rodriguez. Motion carried to APPROVE THE SECOND AND FINAL READING OF ORDINANCE NO. 2548, AN ORDINANCE AMENDING ORDINANCE NO. 2532, CITY OF SAN BENITO COMPREHENSIVE PLAN, SECTION 2.3: FUTURE LAND USE CHARACTER MAP 2.1, PER LOCAL GOVERNMENT CODE SECTION 213.003 (a) (1); PROVIDING A REPEAL OF CONFLICTING ORDINANCES, AND PROVIDING AN EFFECTIVE DATE. ITEM 11. CONSIDERATION AND POSSIBLE ACTION ON THE APPROVAL OF THE SECOND AND FINAL READING OF ORDINANCE NO. 2549, AN ORDINANCE AMENDING ZONING ORDINANCE NUMBER 2252 AND AMENDING THE ZONING MAP OF THE CITY OF SAN BENITO TO CHANGE THE ZONING OF 2999 NORTH SAM HOUSTON BOULEVARD, BEARING A LEGAL DESCRIPTION OF 6.5 ACRES TRACT OF LAND, PART OF LOTS 4 & 5 OF BLOCK 199, SAN BENITO LAND & WATER CO. SUBDIVISION, RECORDED IN VOLUME 1, PAGE 6, CAMERON COUNTY MAP RECORDS, CITY OF SAN BENITO, TEXAS, FROM SINGLE FAMILY-ONE (SF-1) TO COMMERCIAL RESTRICTED BUSINESS, (C-1) ZONE, PROVIDING FOR REPEAL OFCONFLICTING ORDINANCES, AND PROVIDING AN EFFECTIVE DATE. Bernard Rodriguez, Planning & Zoning Director, was available for questions. Mayor Pro Tem Carol Lynn Sanchez moved to approve. Commissioner Rene Villafranco seconded the motion. Voting Aye; Mayor Benjamin Gomez, Mayor Pro Tem Carol Lynn Sanchez, Commissioner Rene Villafranco, and Commissioner Esteban Rodriguez. Motion carried to APPROVE THE SECOND AND FINAL READING OF ORDINANCE NO. 2549, AN ORDINANCE AMENDING ZONING ORDINANCE NUMBER 2252 AND AMENDING THE ZONING MAP OF THE CITY OF SAN BENITO TO CHANGE THE ZONING OF 2999 NORTH SAM HOUSTON BOULEVARD, BEARING A LEGAL DESCRIPTION OF 6.5 ACRES TRACT OF LAND, PART OF LOTS 4 & 5 OF BLOCK 199, SAN BENITO LAND & WATER CO. SUBDIVISION, RECORDED IN VOLUME 1, PAGE 6, CAMERON COUNTY MAP RECORDS, CIITY OF SAN BENITO, TEXAS, FROM SINGLE FAMILY-ONE (SF-1) TO COMMERCIAL RESTRICTED BUSINESS, (C-1) ZONE, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, AND PROVIDING AN EFFECTIVE DATE. Regular City Commission Meeting Minutes of May 1, 2018 3
ITEM 12. CONSIDER FIRST READING OF ORDINANCE NUMBER 2550, AN ORDINANCE ADOPTING THE PERSONNEL POLICY MANUAL OF THE CITY OF SAN BENITO, TEXAS. PROVIDING FOR AN EFFECTIVE DATE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING FOR RELATED MATTERS. Mayor Ben Gomez announced First Reading no action taken at this time. City Manager Manuel De La Rosa, addressed City Commission advised policy was adopted in 2013 by Resolution. We are repealing and adopting by ordinance. On November 2017, City Commission, by action through Minutes, changes to some of the policy, including the inclusion of no recording, some housekeeping issues, typo and grammatical errors, and includes additional grammatical errors reviewed by City Attorney. When City auctions city property, no employee nor family member within first degree, will be able to bid on auction items. Already state statutes and are adopting it. City Attorney Ricardo Morado advised just first degree as written right now. Drug Testing city wide. A clause when hiring employees, goes out to fourth degree right now, we should change to first degree. Need consistency. Commissioner Esteban Rodriguez requested itemization of agenda item. Commissioner Esteban Rodriguez moved to table this item. Commissioner Antonio Gonzales seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, and Commissioner Esteban Rodriguez. Motion carried to FIRST READING, NO ACTION. ITEM 13. CONSIDER FIRST READING OF ORDINANCE NUMBER 2551, AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF SAN BENITO, TEXAS, IN COMPLIANCE WITH SECTION 8.01 OF THE CITY CHARTER, ADOPTING AN ETHICS POLICY, PROVIDING FOR HEARING OF COMPLAINTS, PROVIDING FOR PENALTIES, PROVIDING FOR THE REPEAL OF ORDINANCE 2497, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR RELATED MATTERS. Mayor Benjamin Gomez, advised First Reading No Action taken at this time. City Manager Manuel De La Rosa addressed City Commission concerning an adopted ethics ordinance, due to implementing auctioning for employees, we believe city commission should fall within same guidelines within first degree and any appointee to any board. Motion carried to FIRST READING, NO ACTION. ITEM 14. CONSIDERATION AND POSSIBLE ACTION TO APPROVE APPOINTMENT OF A SAN BENITO ECONOMIC DEVELOPMENT CORPORATION DIRECTOR TO PLACE 2. City Manager Manuel De La Rosa, advised City Commission that Commissioner Rene Villafranco wishes to table this item. Commissioner Rene Villafranco moved to table this item. Commissioner Esteban Rodriguez seconded the motion. Voting Aye: Mayor Benjamin Gomez, Mayor Pro Tem Carol Lynn Sanchez, Commissioner Rene Villafranco and Commissioner Esteban Rodriguez. Motion carried to TABLE THIS ITEM. ITEM 15. CONSIDERATION AND POSSIBLE ACTION ON APPROVING THE STREET CLOSURE REQUEST FROM MR. ADOLFO CORDOVA, FOR A BLOCK PARTY TO BE HELD IN THE 100 BLOCK OF WEST ROSE STREET TO CELEBRATE MOTHER S DAY ON SATURDAY, MAY 12, 2018 BETWEEN THE HOURS OF 12:00 NOON TO 7:00 P.M. Police Chief Michael Galvan, addressed the City Commission about request road closure to celebrate Mother s Day. Library will be closed. Commissioner Rene Villafranco moved to - Regular City Commission Meeting Minutes of May 1, 2018 4
approve. Commissioner Esteban Rodriguez seconded the motion. Voting Aye: Mayor Benjamin Gomez, Mayor Pro Tem Carol Lynn Sanchez, Commissioner Rene Villafranco, and Commissioner Esteban Rodriguez. Motion carried to approve THE STREET CLOSURE REQUEST FROM MR. ADOLFO CORDOVA, FOR A BLOCK PARTY TO BE HELD IN THE 100 BLOCK OF WEST ROSE STREET TO CELEBRATE MOTHER S DAY ON SATURDAY, MAY 12, 2018 BETWEEN THE HOURS OF 12:00 NOON TO 7:00 P.M. ITEM 16. CONSIDERATION AND POSSIBLE ACTION TO APPROVE A MASTER AGREEMENT FOR ENGINEERING SERVICES WITH GARVER, L.L.C., FOR PROFESSIONAL ENGINEERING SERVICES ON A NON-EXCLUSIVE BASIS. City Manager Manuel De La Rosa, addressed the City Commission, City went out for Request for Qualifications, one was HDR from Austin and GARVER from Harlingen, to restart Water Plant Number 2. This firm will be working with our engineer on staff. Commissioner Rene Villafranco moved to approve. Commissioner Esteban Rodriguez seconded the motion. Voting Aye: Mayor Benjamin Gomez, Mayor Pro Tem Carol Lynn Sanchez, Commissioner Rene Villafranco, and Commissioner Esteban Rodriguez. Motion carried to APPROVE A MASTER AGREEMENT FOR ENGINEERING SERVICES WITH GARVER, L.L.C., FOR PROFESSIONAL ENGINEERING SERVICES ON A NON-EXCLUSIVE BASIS. ITEM 17. CONSIDERATION AND POSSIBLE ACTION TO RESCIND PRIOR APPROVAL FOR THE MAYOR TO SIGN A THREE (3) YEAR CONTRACT WITH FIRST DATA FOR THE PURCHASE OF CREDIT/DEBIT CARD READER DEVICES. Fred Bell, Assistant to the City Manager, addressed the City Commission previously approved to sign contract with First Data to purchase card reading devices. Local business owner provided an alternative to First Data. Staff and Directors met with Rolando Hernandez, GBT, and found First Data proposal is not cost effective and is more restrictive. Staff recommends to rescind contract with First Data. Commissioner Rene Villafranco moved to approve. Mayor Pro Tem Carol Lynn Sanchez seconded the motion. Voting Aye: Mayor Benjamin Gomez, Mayor Pro Tem Carol Lynn Sanchez, Commissioner Rene Villafranco, and Commissioner Esteban Rodriguez. Motion carried to APPROVE TO RESCIND PRIOR APPROVAL FOR THE MAYOR TO SIGN A THEREE (3) YEAR CONTRACT WITH FIRST DATA FOR THE PURCHASE OF CREDIT/DEBIT CARD READERS. ITEM 18. CONSIDERATION AND POSSIBLE ACTION TO APPROVE PAYMENT TO GLOBAL BUSINESS TECHNOLOGIES, L.L.C., IN THE AMOUNT OF $4,143.00 FOR THE PURCHASER OF SEVENTEEN CREDIT/DEBIT CARD PIN PAD READING DEVICES. Fred Bell, Assistant to the City Manager, addressed the City Commission no contract with GBT, amounts collected will be deposited every other day to City account. City may stop using with no additional charges incurred. The Police Department will have one secured device inside the window and a pin pad outside the window. Five mobile devices to use or move them around. Commissioner Esteban Rodriguez moved to approve. Mayor Pro Tem Carol Lynn Sanchez seconded the motion. Voting Aye: Mayor Benjamin Gomez, Mayor Pro Tem Carol Lynn Sanchez, Commissioner Rene Villafranco, and Commissioner Esteban Rodriguez. Motion carried to APPROVE TO PAYMENT TO GLOBAL BUSINESS TECHNOLOGIES, L.L.C., IN THE AMOUNT OF $4,143.00 FOR THE PURCHASE OF SEVENTEEN CREDIT/DEBIT CARD PIN PAD READING DEVICES. Regular City Commission Meeting Minutes of May 1, 2018 5
ITEM 19. CONSIDERATION AND POSSIBLE ACTION TO APPROVE AN AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY WITH TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR CITY TO BE GRANTED AUTHORIZATION TO TEMPORARY CLOSE THE NORTHBOUND AND SOUTHBOUND FRONTAGE ROADS OF U.S. 83 ON MAY 19, 2018. City Manager Manuel De La Rosa, advised City Commission this item and the next one are similarly following each other. Traffic can be temporarily stopped to let the runners go thru. Our police personnel will be on site. Once we open the door, we cannot discriminate against anyone else. City has no policy. Commissioner Esteban Rodriguez moved to approve. Commissioner Rene Villafranco seconded the motion. Voting Aye: Mayor Benjamin Gomez, Mayor Pro Tem Carol Lynn Sanchez, Commissioner Rene Villafranco, and Commissioner Esteban Rodriguez. Motion carried to APPROVE AN AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY WITH TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR CITY TO BE GRANTED AUTHORIZATION TO TEMPORARY CLOSE THE NORTHBOUND AND SOUTHBOUND FRONTAGE ROADS OF U.S. 83 ON MAY 19, 2018. ITEM 20. CONSIDERATION AND POSSIBLE ACTION TO APPROVE A SERVICE AGREEMENT WITH CROSS CHURCH FOR THEIR 5K RUN BEING HELD ON MAY 19, 2018 AFFECTING SEVERAL CITY STREETS, U.S. 83 FRONTAGE ROADS, AND THE HEAVIN RESACA TRAIL. City Manager Manuel De La Rosa, advised City Commission that Pastor Loya from Cross Church is present and will address City Commission. Pastor Loya advised monies will be used to assist women and children with a transitional home opened to all denominations in their time of need. Commissioner Esteban Rodriguez moved to approve. Commissioner Rene Villafranco seconded the motion. Voting Aye: Mayor Benjamin Gomez, Mayor Pro Tem Carol Lynn Sanchez, Commissioner Rene Villafranco, and Commissioner Esteban Rodriguez. Motion carried to APPROVE A SERVICE AGREEMENT WITH CROSS CHURCH FOR THEIR 5K RUN BEING HELD ON MAY 19, 2018 AFFECTING SEVERAL CITY STREETS, U.S. 83 FRONTAGE ROADS, AND THE HEAVIN RESACA TRAIL. ITEM 21. PRESENTATION AND APPROVAL OF THE CITY OF SAN BENITO AND THE SAN BENITO ECONOMIC DEVELOPMENT CORPORATION FINANCIAL INVESTMENT REPORTS FOR THE SECOND QUARTER ENDED MARCH 31, 2018. Belen Pena, Finance Director, addressed City Commission and reported all financial investment reports for City and San Benito Economic Development Corporation. Motion carried, PRESENTATION ONLY. ITEM 22. EXECUTIVE SESSION: A) UNDER TEXAS GOVERNMENT CODE SECTION 551.087: TO DELIBERATE ABOUT INFORMATION RECEIVED FROM BUSINESS PROSPECT 2016-08, AND TO CONSIDER POTENTIAL FINANCIAL INCENTIVES TO BE OFFERED TO THE BUSINESS PROSPECT. Regular City Commission Meeting Minutes of May 1, 2018 6
THE CITY COMMISSION CONVENED INTO EXECUTIVE SESSION AT 6:15 P.M. AND ADJOURNED AT 6:19 P.M. ITEM 23. CONSIDERATION AND POSSIBLE ACTION ON APPROVAL OF THE PERFORMANCE AGREEMENT BETWEEN VARCO ENTITY AND THE SAN BENITO ECONOMIC DEVELOPMENT CORPORATION. Mayor Pro Tem Carol Lynn motioned to approved. Commissioner Rene Villafranco seconded the motion. Voting Aye: Mayor Benjamin Gomez, Mayor Pro Tem Carol Lynn Sanchez, Commissioner Rene Villafranco, and Commissioner Esteban Rodriguez. Motion carried to APPROVE A PERFORMANCE SERVICE AGREEMENT BETWEEN VARCO ENTITY AND THE SAN BENITO ECONOMIC DEVELOPMENT CORPORATION. ITEM 24. CONSIDERATION AND POSSIBLE ACTION ON APPROVAL OF THE LEASE AGREEMENT BETWEEN THE VARCO ENTITY AND THE SAN BENITO ECONOMIC DEVELOPMENT CORPORATION. Mayor Pro Tem Carol Lynn motioned to approved. Commissioner Rene Villafranco seconded the motion. Voting Aye: Mayor Benjamin Gomez, Mayor Pro Tem Carol Lynn Sanchez, Commissioner Rene Villafranco, and Commissioner Esteban Rodriguez. Motion carried to APPROVE THE LEASE AGREEMENT BETWEEN THE VARCO ENTITY AND THE SAN BENITO ECONOMIC DEVELOPMENT CORPORATION. ITEM 17. ADJOURNMENT. Mayor Benjamin Gomez announced to adjourn. Commissioner Rene Villafranco moved to approve. Mayor Pro Tem Carol Lynn Sanchez seconded the motion. Voting Aye; Mayor Benjamin Gomez, Mayor Pro Tem Carol Lynn Sanchez, Commissioner Rene Villafranco, and Commissioners Esteban Rodriguez. Motion carried to ADJOURN AT 6:20 P.M. CITY OF SAN BENITO HONORABLE BENJAMIN BEN GOMEZ MAYOR ATTEST: RUTH MCGINNIS DEPUTY CITY SECRETARY Regular City Commission Meeting Minutes of May 1, 2018 7