CITY COMMISSION REGULAR MEETING July 5, 2016 On July 5, 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 Commissioner 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. Commissioner 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 announced the Coffee at the Chamber of Commerce at 9:30 a.m. on Wednesday, July 5, 2016 with County Health Administrator, also commanded the firemen and police officers for the way the search was conducted for the unfortunate drowning of the man at the Resaca. ITEM 5. PUBLIC COMMENTS.
Alexia Rodriguez, legal counsel for Southwest Key, stated she was present in case there were any questions. Lionel Betancourt, Chamber President, briefed the commission on the Mayor s Prayer s Breakfast which will be held at the K C Hall on September 23, 2016 at 7:00 am, tickets will be available free the only caveat is that you attend every ticket is a meal. ITEM 6. CONSIDERATION AND POSSIBLE ACTION ON APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JUNE 21, 2016 Commission er Rene Villafranco moved to approve. Commissioner Joe D. González seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commission ers Rene Villafranco, Esteban M. Rodriguez and Joe D. González. Motion carried to APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 21, 2016 ITEM 7. UPDATE ON DOWNTOWN STREET LIGHTS PROJECT. Frank Espinosa, General Manager, AEP, presented a brief summary of the light downtown project and discussed options as determined by AEP, budget impact is undetermined at this point, will be done as soon as lights are determined where they will be placed. Street lights location need to be by the city not by AEP, cost is about 4,500 per unit, but no definitive cost can be given until jobs are designed. Railroad will be skipped and jumped over, hurricane occurs will have to stop our priority is to restore power to citizens. An estimate cost can be given to you in about four to six weeks. Mayor Celeste Sanchez stated that the lights would be physically identified as Phase 1, Phase 2, and Phase 3 and physically identify what money we have so that we can approve at next meeting of July 19, 2016. Commissioner Joe D. González requested the City Manager to provide them the remaining balance on the CO so they could have an idea of how much money there was. ITEM 8. UPDATE ON STREET MAINTENANCE. Adan Gonzalez, Public Works Director, briefed the commission on their continued work at Ratliff and finish by the end of the week and striping the Municipal building and other city parking lots and continue with the walking trail or the wetlands. Richard Correa, LNV, the contractor is about 1/3 or ¼ complete with Bravo it is all sewer, was in very bad shape, there are a lot of gas lines in that alley between Diana and Franklin. ITEM 9.UPDATE ON SWIMMING POOL AND SKATE PAD PHASE 2 AT STOOKEY PARK. Richard Correa with LNV Engineering, briefed the commission on the different options for the pool, pool building facilities, Skate Park, splash pad, paving improvements, walking trail and prioritization and cost of projects. 30x70 pool sample from La Feria. Mayor Celeste Sanchez suggested using the 400,000 item #4 for the building of the pool item #2 and reconstructing item #4 for a lesser price, also splash pad could be next to the pool. Suggested100 users which will determine the size of the pool. The consensus was to have a workshop only on this item on July 18 and the engineer would bring samples, sizes and funding amounts needed. Dimension and cost of splash pad. Commission would like to know how much, money is available and provide data as soon as possible prior to the meeting. Skaters to be invited to listen to their requests. City Commis sion Regular Meeting Minutes July 5, 2016 2
ITEM 9.UPDATE ON SWIMMING POOL AND SKATE PAD PHASE 2 AT STOOKEY PARK. (continued) Ite Description Qty Unit Price Total Price m 1 Skate Park 1 125,000 125,000 2 Swimming Pool 1 180,000 180,000 3 Existing Swimming Pool Demolitions Prov. 1 10,000 10,000 4 Rehab of Existing Swimming Pool Bldg 1 400,000 400,000 5 Splash Pad (30 Diameter) 1 60,000 60,000 6 ADA Compliance (Park Wide) 1 7 Area Lighting 1 8 Parking Lot Improvements 1 560,000 560,000 9 Walking Trail (1 Mile) 1 1 1 10 Concession Stand Improvements 1 35,000 35,000 11 REC Center Provisions 1 10,000 10,000 12 On-Site Utilities 1 Subtotal 1,630,000 Contingency 5% 81,500 Construction Sub Total (2017 Dollars) 1,711,500 Engineering 154,035 Project Total 1,865,535 Note: 1. this preliminary estimate of probable costs in 2017 dollars and should be escalated to the midpoint of construction if delayed. ITEM 10. CONSIDER AND POSSIBLE ACTION ON APPROVING APPLICATION AND CERTIFICATE FOR PAYMENT #1 TO GO UNDERGROUND LLC IN THE AMOUNT OF 95,445.03 PERTAINING TO THE STREET UTILITIES IMPROVEMENTS PROJECT. Richard Correa with LNV Engineering approved payment for Go Underground for 20% of work completed for Ratliff. Commission would like to know how the money is being spent even if it is allowances. Commissioner Joe D. González moved to approve. Commissioner Rene Villafranco seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commissioners Rene Villafranco, Esteban M. Rodriguez and Joe D. González. Motion carried to approve APPLICATION AND CERTIFICATE FOR PAYMENT #1 TO GO UNDERGROUND LLC IN THE AMOUNT OF 95,445.03 PERTAINING TO THE STREET UTILITIES IMPROVEMENTS PROJECT. ITEM 11. CONSIDERATION AND POSSIBLE ACTION TO APPROVE RESOLUTION NO. 2016-15: A RESOLUTION AUTHORIZING THE MAYOR OR HER DESIGNEE TO APPROVE THE APPLICATION AND ACCEPTANCE OF ANY LOCAL BORDER STAR GRANT FUNDS FOR THE PERFORMANCE PERIOD OF SEPTEMBER 1, 2016 AND ENDING AUGUST 31, 2017. (OPSG-17) City Commis sion Regular Meeting Minutes July 5, 2016 3
Michael Galvan, Interim Chief of Police, briefed the commission on the request for the resolution for Borderstar Grant monies which would benefit public safety by providing enhance law enforcement patrols and allows agencies to use funds for certain law enforcement operating expenses while participating in border security operations approved by the Office of the Governor Homeland Security Grants Division and if funds were misused they had to be returned to the state which is the changes that were made to the prior resolution passed. Commissioner Esteban M. Rodriguez moved to approve. Commissioner Rene Villafranco seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commissioners Rene Villafranco, Esteban M. Rodriguez and Joe D. González. Motion carried to approve RESOLUTION NO. 2016-15: A RESOLUTION AUTHORIZING THE MAYOR OR HER DESIGNEE TO APPROVE THE APPLICATION AND ACCEPTANCE OF ANY LOCAL BORDER STAR GRANT FUNDS FOR THE PERFORMANCE PERIOD OF SEPTEMBER 1, 2016 AND ENDING AUGUST 31, 2017. (OPSG-17) ITEM 12. PRESENTATION OF THE CITY OF SAN BENITO FINANCIAL STATEMENTS FOR THE PERIOD ENDED MAY 31, 2016. Belen Pena, Finance Director briefed the commission that May financials are on the website for their review. Financials will be presented on a monthly basis. Manuel De La Rosa, City Manager, In the future we will be rated with other cities so we should be working to the 106 we are now at 103 and it varies every month but during the budget discussion this item will be discussed. ITEM 13. EXECUTIVE SESSION: The commission went into executive session at 6:43pm and adjourned at 7:24pm a. Under Texas Government Code, Section 551.074, Personnel Matters: To Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, specifically the City Manager. b. Under Texas Government Code Section 551.071, Consultation with City Attorney for legal advice regarding information and proposal received from Southwest Key. c. Under Texas Government Code Section 551.071, Consultation with City Attorney for legal advice regarding In Re Municipal Derivatives Antitrust Litigation. d. Under Texas Government Code Section 551.071, Consultation with City Attorney for legal advice regarding Project 2013-18. ITEM 14.ACTION TO BE TAKEN, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION. e. Under Texas Government Code, Section 551.074, Personnel Matters: To Deliberate the appointment, employment, evaluation, reassignment, duties, City Commis sion Regular Meeting Minutes July 5, 2016 4
discipline, or dismissal of a public officer or employee, specifically the City Manager. No action taken. f. Under Texas Government Code Section 551.071, Consultation with City Attorney for legal advice regarding information and proposal received from Southwest Key. No action taken. g. Under Texas Government Code Section 551.071, Consultation with City Attorney for legal advice regarding In Re Municipal Derivatives Antitrust Litigation. Commissioner Joe D. González moved to authorize the City Manager and City Attorney to submit notice of participation regarding Municipal Derivatives Antitrust Litigation as discussed in executive session. Commissioner Esteban M. Rodriguez seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commissioners Rene Villafranco, Esteban M. Rodriguez and Joe D. González. Motion carried to AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY TO SUBMIT NOTICE OF PARTICIPATION REGARDING MUNICIPAL DERIVATIVES ANTITRUST LITIGATION AS DISCUSSED IN EXECUTIVE SESSION. ITEM 14.ACTION TO BE TAKEN, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION. (continued) h. Under Texas Government Code Section 551.071, Consultation with City Attorney for legal advice regarding Project 2013-18. Commissioner Joe D. González moved to terminate the purchase and sale agreement and refund the initial earnest money for Project 2013-18 as discussed in executive session. Commissioner Esteban M. Rodriguez seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commissioners Rene Villafranco, Esteban M. Rodriguez and Joe D. González. Motion carried to approve to TERMINATE THE PURCHASE AND SALE AGREEMENT AND REFUND THE INITIAL EARNEST MONEY FOR PROJECT 2013-18 AS DISCUSSED IN EXECUTIVE SESSION. ITEM 15. ADJOURNMENT. Mayor Pro Tem Antonio Gonzales moved to adjourn. Commissioner Joe D. González seconded the motion. Voting Aye; Mayor Celeste Z. Sanchez, Mayor Pro Tem Antonio Gonzales and Commissioners Rene Villafranco, Esteban M. Rodriguez and Joe D. González. Motion carried to ADJOURN AT 7:27 P.M. CITY OF SAN BENITO CELESTE SANCHEZ, MAYOR City Commis sion Regular Meeting Minutes July 5, 2016 5
ATTEST: LUPITA PASSEMENT, CITY SECRETARY City Commis sion Regular Meeting Minutes July 5, 2016 6