MINUTES OF THE CITY OF SAN BENITO REGULAR CITY COMMISSION MEETING April 3, 2018 On April 3, 2018 the City Commission met for a Regular Meeting at the San Benito Municipal Building (Cesar Gonzalez Meeting Hall), 401 North Sam Houston Boulevard, 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 Mayor Pro Tem Carol Lynn Sanchez Commissioner Rene Villafranco Lupita Passement City Secretary ITEM 1. WELCOME. Mayor Benjamin Gomez called the meeting to order. The City Commission and I welcome you to this Special 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 announced book author Tammy Huerta is book-signing Wasted Days and Wasted Nights: Freddy Fender A Meteoric Rise to Stardom at the San Benito Library ongoing until 8:00 p.m. ; Maggie s House Candlelight Vigil today at 6pm at Heavin Park ; April 6 th is the Autism Walk; April 21 Resaca City Market Days; May 5 the Cinco de Mayo Fiesta; May 19 the Hogg Waddle; April 28 Health Expo ; San Benito Police Department was awarded-
a CVS grant to dispose unwanted medications at police department free to the public; free GED classes at San Benito Library; Commissioner Esteban Rodriguez announced Town Hall Meeting April 5 th at Community Building. ITEM 5. PUBLIC COMMENTS. Ruth McGinnis, Deputy City Secretary, announced Ms. Lynn Pare present to speak in Public Comments. Ms. Pare, thanked City Commission for transparency and coming together as a great city. On April 12 th Meet the Candidates at Lone Star Inn at 6pm. ITEM 6. PRESENTATION OF A PROCLAMATION TO THE CAMERON COUNTY CHILDREN S ADVOCACY CENTERS, INC., DECLARING APRIL 2018 AS CHILD ABUSE AWARENESS MONTH. Commissioner Esteban Rodriguez headed reading of said proclamation followed by Commissioner Antonio Gonzales reading a different paragraph, and reading ended by Mayor Ben Gomez. Present to accept the proclamation were Anna De La Cruz, Director, Lizzy Putegnant, Vice President, and Mr. Edward Flores from Cameron County Children s Advocacy Centers, Inc. ITEM 7. CONSIDER FIRST READING OF ORDINANCE NUMBER 2547: AN ORDINANCE APPROVING A NEGOTIATED RESOLUTION BETWEEN THE CITY OF SAN BENITO ( CITY ) AND TEXAS GAS SERVICE ( TGS OR THE COMPANY ) REGARDING THE COMPANY S COST OF SERVICE ADJUSTMENT ( COSA ) TARIFF FILING; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE ; REPEALING ANY PRIOR ORDINANCES INCONSISTENT WITH THIS ORDINANCE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE CITY S LEGAL COUNSEL. City Manager Manuel De La Rosa, addressed the City Commission. City Commission took NO ACTION AT THIS TIME DUE TO FIRST READING ONLY. ITEM 8. CONSIDERATION AND POSSIBLE ACTION TO APPROVE THE SECOND AND FINAL READING OF ORDINANCE NUMBER 2547: AN ORDINANCE APPROVING A NEGOTIATED RESOLUTION BETWEEN THE CITY OF SAN BENITO ( CITY ) AND TEXAS GAS SERVICE ( TGS OR THE COMPANY ) REGARDING THE COMPANY S COST OF SERVICE ADJUSTMENT ( COSA ) TARIFF FILING; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; REPEALING ANY PRIOR ORDINANCES INCONSISTENT WITH THIS ORDINANCE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE CITY S LEGAL COUNSEL. City Manager Manuel De La Rosa, advised City Commission it is staff recommendation to approve this ordinance. City Attorney reviewed and recommends approval. Advised reason for two ordinances is due to timeline deadline, legal counsel representing coalition of cities provided ordinance needs approval prior to end of this month. Commissioner Esteban Rodriguez moved to approve. Commissioner Antonio Gonzales seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, and Commissioner Esteban Rodriguez. Motion carried to APPROVE THE SECOND AND FINAL READING OF- Regular City Commission Meeting Minutes of April 3, 2018 2
ORDINANCE NUMBER 2547: AN ORDINANCE APPROVING A NEGOTIATED RESOLUTION BETWEEN THE CITY OF SAN BENITO ( CITY ) AND TEXAS GAS SERVICE ( TGS OR THE COMPANY ) REGARDING THE COMPANY S COST OF SERVICE ADJUSTMENT ( COSA ) TARIFF FILING; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; REPEALING ANY PRIOR ORDINANCES INCONSISTENT WITH THIS ORDINANCE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE CITY S LEGAL COUNSEL. ITEM 9. DISCUSSION AND POSSIBLE ACTION ON THE 2018 CONSUMER PRICE INDEX (CPI) ADJUSTMENT TO MUNICIPAL TELECOMMUNICATIONS RIGHT-OF-WAY ACCESS LINE RATES. City Manager Manuel De La Rosa advised City Commission there is an increase based on CPI of 1.237% to the telecommunication companies that utilize City s right of ways which we collect a fee from. If City Commission is interested in collecting this additional fee we take no action, if City Commission want to decline that money, they have to motion to decline for City to notify the state. City Commission decided to TAKE NO ACTION FOR CITY TO COLLECT ADDITIONAL FEE. ITEM 10. CONSIDERATION AND POSSIBLE ACTION ON THE APPROVAL OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) BUSINESS ASSOCIATE AGREEMENT FOR CITY TO BE IN COMPLIANCE WITH GRANT REQUIREMENTS FROM THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON. Art Garza, Parks & Recreation Director addressed the City Commission that HIPPA is a federal regulation designed to protect personal health information and data collected and stored. It is also a requirement of agreement with UT Health Science Center for City to be in compliance with grant requirements. Commissioner Esteban Rodriguez moved to approve. Commissioner Antonio Gonzales seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, and Commissioner Esteban Rodriguez. Motion carried to APPROVE THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) BUSINESS ASSOCIATE AGREEMENT FOR CITY TO BE IN COMPLIANCE WITH GRANT REQUIREMENTS FROM THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON. ITEM 11. PUBLIC HEARING: A) TO SOLICIT INPUT TO AMEND THE CITY OF SAN BENITO COMPREHENSIVE PLAN, SECTION 2.3: FUTURE LAND USE CHARACTER MAP 2.1, ORDINANCE NUMBER 2532, PER LOCAL GOVERNMENT CODE SECTION ~ 213.003 (A) (1). Mayor Benjamin Gomez opened the Public Hearing at 5:46 p.m. to commence. Bernard Rodriguez, Planning & Development Director presented a brief power point presentation in relation to Ordinance 2532 on Comprehensive Plan. Regular City Commission Meeting Minutes of April 3, 2018 3
Mr. Harry Urey and Mr. Thomas Phillips, realtors and half owners of property in question, addressed the City Commission, advising said property is under contract with Dollar General which might open in one year. Ms. Lynn Pare, addressed her concerns to the City Commission regarding the Comprehensive Plan stating it is a suggestion, a proposal, and is not set in stone. Mayor Benjamin Gomez closed the Public Hearing at 6:06 p.m. ITEM 12. PUBLIC HEARING: A) TO SOLICIT INPUT ON A REZONE REQUEST AT 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. APPLICANT: MR. HARRY UREY. Mayor Benjamin Gomez opened the Public Hearing at 6:06 p.m. Bernard Rodriguez, Planning and Development Director addressed the City Commission and the public explaining the area being vacant and intersection being discussed. No public comments received. Mayor Benjamin Gomez closed the Public Hearing at 6:10 p.m. ITEM 13. CONSIDERATION AND POSSIBLE ACTION ON APPROVAL OF THE PURCHASE AND INSTALLATION OF SECURITY CAMERAS FOR THE SAN BENITO CULTURAL HERITAGE MUSEUM FROM INTERNAL CONTROL SYSTEMS, INC., IN THE AMOUNT OF $19,113.00. Rachel Siller, EDC Coordinator, addressed City Commission on the purchase and installation of security cameras. Commissioner Esteban Rodriguez requested itemization of invoice received on said agenda item and to bring back at next City meeting. 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 TABLE THE PURCHASE AND INSTALLATION OF SECURITY CAMERAS FOR THE SAN BENITO CULTURAL HERITAGE MUSEUM FROM INTERNAL CONTROL SYSTEMS, INC., IN THE AMOUNT OF $19,113.00. ITEM 14. CONSIDERATION AND POSSIBLE ACTION TO ACCEPT THE RESIGNATION OF MR. J.D. PENNY AS BOARD MEMBER PLACE 2 FROM THE SAN BENITO ECONOMIC DEVELOPMENT BOARD. Rachel Siller, EDC Coordinator, advised City Commission that on week of March 12, Mr. J.D. Penny approached her and appointing Commissioner Rene Villafranco expressing he was going to resign from the EDC Board. Commissioner Antonio Gonzales moved to accept the - Regular City Commission Meeting Minutes of April 3, 2018 4
resignation. Commissioner Esteban Rodriguez seconded the motion. Voting Aye: Mayor Benjamin Gomez, Commissioner Antonio Gonzales and Commissioner Esteban Rodriguez. Motion carried to accept THE RESIGNATION OF MR. J. D. PENNY AS BOARD MEMBER PLACE 2 FROM THE SAN BENITO ECONOMIC DEVELOPMENT BOARD. ITEM 15. CONSIDERATION AND POSSIBLE ACTION TO APPROVE FOR THE SAN BENITO POLICE DEPARTMENT TO SOLICIT DONATIONS FROM LOCAL VENDORS FOR THE SAN BENITO BIKE RODEO EVENT BEING HELD ON MAY 12, 2018 WHICH THE HARLINGEN-SAN BENITO METROPOLITAN PLANNING ORGANIZATION IS HOSTING AND SAN BENITO POLICE DEPARTMENT IS ASSISTING. Police Chief Michael Galvan and Mr. Joel Garza, Harlingen San Benito MPO Director, addressed the City Commission about Bike Rodeo event to be held in San Benito. Mr. Joel Garza advised focusing on a bike pedestrian safety campaign hoping to teach public how to ride a bike and wear a helmet. Hoping to partner with school district and make this a fun event. Pending location where to hold event. Commissioner Antonio Gonzales moved to approve. Commissioner Esteban Rodriguez seconded the motion. Voting Aye: Mayor Benjamin Gomez, Commissioner Antonio Gonzales, and Commissioner Esteban Rodriguez. Motion carried to approve FOR THE SAN BENITO POLICE DEPARTMENT TO SOLICIT DONATIONS FROM LOCAL VENDORS FOR THE SAN BENITO BIKE RODEO EVENT BEING HELD ON MAY 12, 2018 WHICH THE HARLINGEN-SAN BENITO METROPOLITAN PLANNING ORGANIZATION IS HOSTING AND SAN BENITO POLICE DEPARTMENT IS ASSISTING. City Manager Manuel De La Rosa announced Mayor Pro Tem Carol Lynn Sanchez had sent a message she was just getting out of a court hearing reason she was not able to attend today s City Meeting. Also, Commissioner Rene Villafranco advised him two weeks ago he had a conflict causing him not to be available to attend this meeting. ITEM 17. ADJOURNMENT. Mayor Benjamin Gomez moved to adjourn. Commissioner Esteban Rodriguez moved to approve. Commissioner Antonio Gonzales seconded the motion. Voting Aye; Mayor Benjamin Gomez, Commissioner Antonio Gonzales, and Commissioners Esteban Rodriguez. Motion carried to ADJOURN AT 6:18 P.M. CITY OF SAN BENITO ATTEST: RUTH MCGINNIS DEPUTY CITY SECRETARY BENJAMIN BEN GOMEZ MAYOR Regular City Commission Meeting Minutes of April 3, 2018 5