Weslaco City Commission Regular Meeting
Page 1 December 17, 2013
Standardized Agenda Request Form
Agenda Item No. (to be assigned by CSO): Date of Meeting: December 17, 2013 I From (name, title, department and who submitting on behalf of, if any): Elizabeth Walker, City Secretary Subject: Call to Order, includes the following: A. Certification of Public Notice. B. Invocation. C. Pledge of Allegiance. D. Roll Call. Discussion: A. Mayor will Call to Order and certify Public Notice. B. Pastor Howard Bloomquist of Central Christian Fellowship will give the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll. Fiscal Note: Amount: $ N/A Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Four or more Commissioners present constitutes a Quorum; otherwise, no action may be taken. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): One-page with pledges and mission statement. Responsibilities upon Approval: Conduct meeting per Ordinance 2011-05, according to Roberts Rule of Order and commencing at 5:30 p.m.
Weslaco City Commission Regular Meeting
Page 2 December 17, 2013
David Suarez, Mayor John F. Cuellar, Mayor Pro-Tem, District 2 David R. Fox, Commissioner, District 1 Olga M. Noriega, Commissioner, District 3 Gerardo “Jerry” Tafolla, Commissioner, District 4 Lupe V. Rivera, Commissioner, District 5 Fidel L. Pena, III, Commissioner, District 6
City of Weslaco “The City on the Grow”
Leonardo Olivares, City Manager
The Pledge of Allegiance to the Flag “I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.”
The Pledge of Allegiance to the State Flag "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." *The pledge was amended by House Bill 1034 during the 80th Legislature with the addition of "one state under God." The revised wording became effective on June 15, 2007.
Preamble to the Constitution of the United States of America We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
STATEMENT OF VISION: AN INTERNATIONAL CENTER OF GROWTH Friendly people with vision, courage and integrity
STATEMENT OF MISSION: COMMITMENT TO EXCELLENCE IN PUBLIC SERVICE *Positive Attitude of Courtesy & Concern *Doing it Right the First Time *Sensitive to the citizens’ needs *Friendly Respect for All *Service without Hassle 255 S. KANSAS AVE.
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WESLACO, TEXAS 78596-6285
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956-968-3181
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WWW.WESLACOTX.GOV
Weslaco City Commission Regular Meeting
Page 3 December 17, 2013
A REGULAR MEETING OF THE WESLACO CITY COMMISSION TUESDAY, DECEMBER 3, 2013 On this 3rd day of December 2013 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in a Regular Meeting at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor Mayor Pro-Tem Commissioner Commissioner Commissioner Commissioner Commissioner
David Suarez J.F. “Johnny” Cuellar David R. Fox Olga M. Noriega Gerardo “Jerry” Tafolla Lupe Rivera Fidel L. Pena, III
City Manager City Secretary City Attorney
Leonardo Olivares Elizabeth M. Walker Ramon Vela
Also present: Rey Garcia, IT Director; Bret Mann, Finance Director; Jeff Underwood, Planning & Code Enforcement Director; David Salinas, Public Utilities Director; Oscar Garcia, Public Facilities Director; David Arce, Parks & Recreation Director; Police Chief Michael Kelley; Fire Chief Santiago Cuellar; Martin Mata, Assistant Library Director; Mardoqueo Hinojosa, City Engineer; George Garrett, Mid Valley Airport; and several other staff members and citizens. I.
II.
CALL TO ORDER A.
Certification of Public Notice. Mayor Suarez called the meeting to order and certified the public notice of the meeting as properly posted Friday, November 27, 2013.
B.
Invocation. Rev. Mario Perez, Mid Valley Assembly of God Church, delivered the invocation.
C.
Pledge of Allegiance. Mayor Suarez recited the Pledge of Allegiance and the Texas flag.
D.
Roll Call. Elizabeth Walker, City Secretary, called the roll, noting perfect attendance. PUBLIC COMMENTS Mr. Spencer Bell, owner and operator of Holiday Inn & Suites, expressed his gratitude to the Commission for the consideration the Special Use Agreement for the use of Hotel/Motel occupancy tax revenue for advertising and promoting Weslaco outside the Rio Grande Valley as a tourist destination site.
III.
CONSENT AGENDA
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The following items are of a routine or administrative nature. The City Commission has been furnished with background and support material on each item, and/or it had been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by one commission member, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. Possible action. A.
Approval of the Minutes of the following: 1.) Special Meeting on November 18, 2013; 2.) Regular Meeting on November 19, 2013; 3.) Special Meeting on November 22, 2013. (Requested by City Secretary’s Office.) Attachment.
B.
Approval of a request by Mid Valley Events to use Harlon Block Sports Complex on January 4, 2014 from 6:00 a.m. – 12:00 noon for Color Dash 5K, authorize street closures as appropriate, and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation for proposed street closure affecting state right-of-way. (Requested by Parks & Recreation Department.) Attachment.
C.
Approval of a request for Pico De Gallo Century Bike Ride to use City Park on December 21, 2013 from 6:00 a.m. – 8:00 p.m. for 100 mile bike ride, authorize the use of pavilion 25 at no charge, authorize street closures as appropriate, and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation for proposed street closure affecting state right-of-way. (Requested by Parks & Recreation Department.) Attachment.
D.
Approval of a request for Omar’s Helping Hands Toy Drive to use City Park ball fields on December 14, 2013 8:00 a.m. – 8:00 p.m. for a Christmas Toy Drive, authorize the use of Fields 1, 2, 3, and tennis courts at no charge, and authorize the Mayor to execute any related documents. (Requested by Parks & Recreation Department.) Attachment.
E.
Authorization of the submission of a grant application to the Texas Department of Transportation Fiscal Year 2014 Impaired Mobilization Grant Program in an amount not to exceed $10,000.00 with 20% local match, authorize acceptance upon award, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. (Requested by Police Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the consent agenda as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.
IV.
APPOINTMENTS A.
Discussion and consideration to approve Resolution 2013-95 appointing a member, an alternate member, and three designated proxy members to the Hidalgo County Metropolitan Planning Organization (MPO) Transportation Policy Committee for
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fiscal year 2013. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated that the MPO programs allocate funds for transportation projects. The current representative is Commissioner Tafolla with the alternates as Commissioner Martinez, Commissioner Fox, Commissioner Rivera and himself. Since Commissioner Martinez is no longer serving this item is being brought before the Commission for consideration. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve Resolution 2013-95 appointing Commissioner Tafolla as member, Mayor Suarez as alternate, and Leonardo Olivares, Jeffery Underwood, and Mardoqueo Hinojosa as proxies to the Hidalgo County Metropolitan Planning Organization (MPO) Transportation Policy Committee for fiscal year 2013. The motion carried unanimously; Mayor Suarez was present, but not voting. For the record, Resolution 2013-95 reads as follows: RESOLUTION NO. 2013-95 THE STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO
§ § §
A RESOLUTION APPOINTING A MEMBER AND ALTERNATE MEMBER TO THE HIDALGO COUN METROPOLITAN PLANNING ORGANIZATION (MPO
WHEREAS, the MPO has requested that a City of Weslaco elected official serve as the official member of the MPO Board of Directors; and WHEREAS, the MPO has requested that a City of Weslaco elected official be appointed to serve as an alternate member of the MPO Board of Directors; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO that _Commissioner Gerardo “Jerry” Tafolla _be appointed as the official member of the MPO Board of Directors. BE FURTHER RESOLVED that _Mayor David Suarez_ be appointed as the an alternate member of the MPO Board of Directors, that the following three individuals be appointed designate proxies with all appropriate privileges assigned, including _Leonardo Olivares, Jeffery Underwood, _Mardoqueo Hinojosa, and a copy of this Resolution shall be delivered to the MPO Office to evidence these appointments. PASSED AND APPROVED this 3rd day of December, 2013. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY
B.
Discussion and consideration to approve Resolution 2013-96 appointing one member to an expired term on the Planning and Zoning Commission. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve Resolution 2013-96 reappointing Mr. Ricardo Quintanilla to an expired term on the
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Planning and Zoning Commission. The motion carried unanimously; Mayor Suarez was present, but not voting. The City Manager established Mr. Quintanilla as present in compliance with the appointment procedure. For the record, Resolution 2013-96 reads as follows: RESOLUTION NO. 2013-96 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PLANNING AND ZONING COMMISSION BOARD. WHEREAS, the City of Weslaco created and established the Planning and Zoning Commission Board pursuant to Subsection 2-36 of Ordinance No. 291, as codified in the City of Weslaco Code of Ordinances. WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Planning and Zoning Commission Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _Ricardo Quintanilla__ is appointed to serve on the Planning and Zoning Commission Board and your term will expire on _7th day of _December, 2016. PASSED AND APPROVED on this 3rd day of December, 2013. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY
V.
NEW BUSINESS A.
Discussion and consideration to authorize final Closeout Invoice No. 57926 in the amount not to budget amendment as needed, and authorize the documents. Possible action. (Requested by Attachment.
payment for CH2M-Hill OMI exceed $60,266.62, authorize a Mayor to execute any related Public Utilities Department.)
The City Manager stated on October 1 the City assumed operations at the Water and Wastewater Treatment Plants and this item was for the final annual closeout invoice for OMI. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting. B.
Discussion and consideration to issue request for proposals or extend the term of the existing 125 Cafeteria Plan (optional/voluntary supplemental insurance; e.g., vision, dental, life, cancer, long-term care, etc.) for the City of Weslaco employees for an additional year, effective April 1, 2014 - March 31, 2015, at no cost to the City. Possible action. (Requested by Human Resources Department.) Attachment. The City Manager stated that staff has been proactive by bringing this item before the
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Commission at this time. The Commission has the option to continue with the current vendors or to go out for proposals. Staff did go out for new proposals last fiscal year and recommends keeping the current vendors. Commissioner Rivera, seconded by Commissioner Tafolla, moved to extend the term of the existing vendors. Commissioner Noriega stated that she was not in agreement with extending the terms with the current vendors and believes it is in the best interest of the City to go out for proposals. In response to Mayor Suarez, Ms. Ramirez stated Human Resources has not received any complaints and recommends extending the terms of the current vendors. Commissioner Pena expressed concern about potentially missing cost savings; Commissioner Rivera stated that based on his experience with the County every time new proposals were requested the cost increased. Mayor Pro-Tem Cuellar inquired if pre-existing conditions would prevent new coverage; Ms. Ramirez stated she would investigate. Commission Fox suggested a HIPPA compliant survey be developed and distributed to get employee input because it is their money being invested into these plans. Commissioner Pena suggested the survey be anonymous. Commissioner Rivera, seconded by Commissioner Tafolla, withdrew the motion. Commissioner Pena, seconded by Commissioner Tafolla, moved to formulate an anonymous survey to decide to extend the current vendors term or go out for proposals. The motion carried unanimously; Mayor Suarez was present, but not voting. In response to Mayor Pro-Tem Cuellar, the City Attorney stated Commission may take action on the motion because the language is tied to the agenda item. C.
Discussion and consideration to enter into a municipal equipment lease/purchase agreement with The Frost National Bank in an amount not to exceed $2,000,000.00 for the lease/purchase of equipment over a five (5) year period using resources from the Internal Service Fund, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Finance Department.) Attachment. The City Manager stated that half million dollars has been set aside each year recently into an Internal Services Fund for capital expenditures, the last couple of years a majority of the funds purchased new Tahoes for the Police Department. The Department Directors provided a list of the priority capital equipment they would like to purchase which totals $7.7 million. The City Manager and Finance Director presented a secondary list of what they recommend to be purchased at this time. In response to Mayor Pro-Tem Cuellar about the time sensitivity of this item, Mr. Mann state that if this item was delayed then next year the City would exceed the $10.0 million financing cap. However, the Commission could opt to escrow the $2.0
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million now with a tentative list of equipment. Commissioner Pena suggested a workshop be held to discuss which items are priorities and to allow for public feedback. The City Manager stated that the City does have to program these funds in detail within the week, but agreed that a workshop may be best. Mayor Suarez stated that with this $2.0 million for equipment and infrastructure the City is leveraging what has been saved to apply as a lease/purchase. Mr. Mann responded that this would be five (5) years worth of the Internal Services Fund to pay $2.0 million requested. Mr. Mann reiterated that if the Commission approved the cap amount then they would be able to start the paperwork with the bank and that would allow for more flexibility and the City would receive a better interest rate by not exceeding the $10.0 million next year. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to acquire the use of and finance through Frost Bank, equipment generally described as costing $1,975,184.00 for a term of 60 months, at 2.30% annual percentage rate, pursuant to a Municipal Equipment Lease/Purchase Agreement with funding to an Acquisition Fund Account and first monthly payment of $34,880.39 paid on January 26, 2014, followed by 59 monthly payments of $34,880.39 each with the understanding of a workshop meeting to be held to itemize equipment for the funds being escrowed. Commissioner Rivera requested Mr. Arce and Mr. Hinojosa to move forward potentially through this funding opportunity with the three baseball fields they have been discussing. Commissioner Pena called to question. The motion carried unanimously; Mayor Suarez was present, but not voting. D.
Discussion and consideration to authorize additional expenditures on equipment and personnel for improving parks. Possible action. (Requested by Mayor Pro-Tem Cuellar and Commissioner Rivera.) Mayor Pro-Tem Cuellar stated there would be no action on this item tonight. The item was being presented to start the dialogue on equipment and infrastructure needed for the parks. Mayor Pro-Tem Cuellar asked what the cost would be to drills wells or have sprinkler systems installed at the parks and recommended that an assessment be conducted of all that parks to identify additional needs. Commissioner Rivera agreed that the parks are in need of improvements and that the City is finally in a financial position to do that. Mayor Suarez stated that the list provided for the preceding item identifies half million in funds earmarked for parks and believed it to be a great start, but stated that personnel was a major factor because there needs to be staff to maintain the parks. Mayor Pro Tem Cuellar stated that there is $6.7 million in eligible bonds that can be programmed for parks, but did not want the Commission to get ahead of themselves. Mr. Arce stated that he has prepared a list of proposed improvements which include a
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splash park, replacement play structures, ADA compliance, remodeling the service center, remodeling restroom park facilities, and placing rubber mulch around play structures. The items he believes that are of the greatest priority would cost approximately $1.12 million. Commissioner Tafolla asked if there were any grants that the City could apply for to offset the cost; Commissioner Fox stated half million is great leverage as local match to grants. Mr. Arce stated some of the equipment on the list is eligible for the previously described lease program. There was no action on this item. E.
Discussion and consideration to authorize an expenditure in an amount not to exceed $36,185.00 from the Certificates of Obligation, Series 2003 for eligible activities, including the purchase of equipment and machinery; improvements and extensions to the City’s combined Waterworks and Sewer System; the purchase of additional water rights; street improvements; construction, improvements and equipment of park facilities; closure of landfill; Main Street improvements; the acquisition of right-ofways for authorized need and purposes; and to pay the cost of issuances of the Certificates, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Mayor Pro-Tem Cuellar and Commissioner Rivera.) Attachment. Mayor Pro-Tem Cuellar stated that this item is to open discussion about the conditions of streets and utilities and to formulate a plan to address the potholes and railroad crossings and any discrepancies in water charges by ensuring the City has adequate personnel for conducting monthly meter readings. The City Manager stated that there is a remaining balance of $36,000.00 in the 2003 bond issuance and the list of eligible projects is broadly worded. Staff is proposing to commit the remaining funds to the sidewalk project. Mayor Suarez clarified that the purpose of this item is to exhaust the remaining funds and close out the bond. There was no action on this item.
F.
Discussion and consideration to authorize an expenditure in an amount not to exceed $1,201,858.00 from the Certificates of Obligation, Series 2007 for eligible activities. including to acquire land and make improvements thereon for City purposes, to acquire equipment and motor vehicles, to undertake street improvements, to undertake water and sewer system improvements, and to pay the costs of issuance with the Certificates, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Mayor Pro-Tem Cuellar and Commissioner Rivera.) Attachment. Mayor Pro-Tem Cuellar stated that this item is to open discussion on the expenditure of the 2007 bond combined with the funds of the 2003 bond. Mayor Suarez recommended that the funds be invested in a street crew and related
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equipment so that the City would be able to do the majority of the work in-house. In response to Commissioner Pena, Mr. Garcia stated approximately $4,000.00 was spent to repair the roads after the last series of rain. There was no action on this item. G.
Discussion and consideration to authorize an expenditure in an amount not to exceed $6,834,536.99 from the Certificates of Obligation, Series 2013 for eligible activities, including the design, planning, acquisition, construction, equipping, expansion, repair, renovation, and/or rehabilitation of public property in the city and to pay certain costs in connection with the issuance thereof, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Mayor Pro-Tem Cuellar and Commissioner Tafolla.) Attachment. Mayor Pro-Tem Cuellar stated he would like to appropriate these remaining funds for the big ticket items, such as the repairs on Sugarcane Drive in conjunction with the County on a 50/50 cost share basis. He recommended that a similar cost share with Precinct 1 for street improvements on 18th Street and Border Avenue. Mr. Raul Lozano, representing Precinct 1, stated that it would cost approximately $2.0 million if bid out for street improvements for Border Avenue from 18th Street to 34th Street because there is no additional right-of-way. He believes that this project could be done in 2014, however if the improvements are done in house by the County with a cost share by the City they will save a considerable amount in funds. Mayor Pro-Tem recommended the Commission make this project a priority. Mr. Raul Lozano stated that the cost share for improvements on 18th Street from Border to F.M. 1015 would be 47% City and 53% County for a total cost of $2.6 million. This project would take two years to complete because right-of-ways would need to be acquired and the utility lines relocated. Mayor Suarez clarified the total cost to the City for both projects would be $2.2 million. Mr. Lozano stated improvements for Mile 10 North from Westgate Drive to FM 1015 already is proposed on the MPO’s long range plan and suggested the City consider investing in that project now so that everything is ready when construction begins. State Representative Armando Martinez stated that $110.0 million has been secured by this legislature for his district. Currently there are two schools located on Mile 10 North and it is very important that the road be expanded and recommends a workshop be held with all entities in order to discuss possible funding for street improvements. State Representative Martinez recommended that Mile 10 North and Mile 12 be considered as potential loops around Weslaco, since the majority of the environmental s already are complete for these areas. Once a project is ready it can potentially move up on the MPO’s list. There was no action on this item.
H.
Discussion and consideration of the rate study and authorize additional expenditures for personnel and equipment for the Public Utilities Department. Possible action.
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(Requested by Mayor Pro-Tem Cuellar and Commissioner Tafolla.) Mayor Pro-Tem Cuellar hopes Mr. Jeff Snowden will continue to work with the City to identify how many accounts fall under the multifamily units categorization, how competitive the rates are, and how much more personnel is needed. Mr. Salinas stated there are four meter readers who read over 10,000 meters every month. Currently the billing cycle is broken down into four zones with over 4,200 meters in zone one and takes a week to read all the meters which includes re-reads. A re-read is done by two different meter readers to investigate any anomalies. The only time an average is taken for a meter reading is when the meter completely fails and an average is done over the past three months. Credit is given on sewer charges when there is a water break in the yard one month after the residents shows evidence of repair. Commissioner Tafolla recommended funding for additional three meter readers. Mr. Salinas stated that currently the City has over 3,600 radio meters and while he appreciates the extra personnel he would prefer to leverage technology and reclassify personnel to improve efficiencies. Commissioner Pena clarified that 75% of the meters are manually read and asked Mr. Salinas if he was receiving more complaints on the manual or radio meters. Mr. Salinas stated that currently receiving more complaints on the automatic meters precisely because how accurate they are. The automatic meters are warrantied for 20 years and are manually checked only when requested by the customer. As a meter gets older it tends to run slower, so once the meter is replaced with a new one it appears as if the bill increased. It would cost approximately $4.0 million to replace all the meters. The City Manager stated that the biggest change this year has been the 100% City operation of the Public Utilities Department. In the past the City applied the utility fund to subsidize other City functions such as welding, fleet maintenance and warehouse, but is trying to resist hiring new personnel. Mayor Pro-Tem Cuellar stated that in the past there were multiple personnel for a single City function and the Commission made the decision to consolidate those positions. Now the City is at a point to re-evaluate where personnel is needed. There was no action on this item. I.
Discussion and consideration to approve a Special Services Agreement on the Hotel/Motel Room Occupancy Tax Proceeds between the City of Weslaco and the Weslaco Area Chamber of Commerce for Fiscal Year 2013-2014, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. Possible action. (Requested by Commissioners Noriega and Pena.) Attachment. Commissioner Pena stated in the past the City subsidized the Chamber. Now that the City has a healthier budget it is important for the City to help the Chamber to help us.
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Commissioner Noriega stated that the Chamber received $179,274.00 the last time from the Hotel/Motel Tax Revenues and questioned where the funds were being spent now. The City Manager responded that recently the City has used the Hotel/ Motel Tax Revenues to fund the Frontera Audubon which is an eligible expense. Commissioner Pena asked what the current growth pattern was for the sales tax and hotel tax revenues. Mr. Mann stated that currently the City’s sale tax revenues are up 8.5 % and the hotel tax have gone down. Commissioner Fox asked Ms Noell what percentage of the Chamber operating budget was funded by the City. Ms. Martha Noell reported that the Chamber in the past had spent upwards of $110,000.00 a year on advertising for the City. Commissioner Fox asked how the allocation the Chamber has received in the past compared to other cities our size. Ms. Noell responded that recently McAllen is losing its market share because they were investing in the construction of the convention center rather than on advertising. However, each city runs differently when it comes to funding its local Chamber, but would look into it and report back to the Commission. The City Manager stated that with the new Commission and the transition at the EDC, it is important that the governing body assist the Chamber, but does not believe the City should be the largest funder for any entity. Commissioner Fox suggested adding the Chamber to the upcoming workshop so that they will be adequately prepared and funded. Mayor Pro-Tem Cuellar stated he was unaware that the Chamber had requested funding back in September. Ms. Noell stated that the Chamber was not subsidized but instead had a contract for services. The time to plan for the future is now and asked that the Commission revisit the plan with input from all of the stakeholders. Ms. Noell stated she answers to a board and a workshop in January would allow sufficient time to prepare. Commissioner Noriega expressed her concern over using the Hotel/Motel Tax Revenues properly, since not all organizations or activities are eligible. There was no action on this item. VI.
REPORTS A.
Report by City Manager and Department Directors, Upcoming Meetings, Appointments, and Feedback. Attachment. The City Manager referenced the reports as enclosed.
B.
Report on Sponsored Projects.
C.
Report on Litigation Status.
D.
Report by JoDee Overfield.
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Special Recognition of Police Department. Lt. Robert De La Cerda offered special recognition of Sergeant Meza for heroism because normally supervisors let the troops through the door, but Sergeant Meza led the troops through the door in response to an armed robbery.
F. VII.
Report by Public Utilities Department on Self-Performance. EXECUTIVE SESSION At 7:49 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 9:06 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.
VIII.
POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION A.
Pending Litigation – Consultation with Special Counsel regarding Cause No. Cl-133663-F City of Edcouch, Texas v. City of Weslaco, Texas in the County Court of Law #6, Hidalgo County pursuant to §551.071 of the Texas Government Code. Commissioner Pena, seconded by Mayor Pro-Tem Cuellar, moved to authorize Special Counsel Davidson, Trollo, Ream & Garza to file an answer and attend the hearing. The motion carried unanimously; Mayor Suarez was present, but not voting.
B.
Pending Litigation – Consultation with Special Counsel regarding Cause No. Cl-133660-G City of Progreso, Texas v. City of Weslaco, Texas in the County Court of Law #7, Hidalgo County pursuant to §551.071 of the Texas Government Code. Commissioner Pena, seconded by Commissioner Tafolla, moved to authorize Special Counsel Davidson, Trollo, Ream & Garza to file an answer and attend the hearing. The motion carried unanimously; Mayor Suarez was present, but not voting.
C.
Pending Litigation – Consultation with Special Counsel regarding Cause No. C5929-13-H City of Weslaco, Texas v. City of Mercedes, Texas in the 389th Judicial District Court of Hidalgo County pursuant to §551.071 of the Texas Government Code. There was no action on this item.
D.
Contract Negotiations – Discussion with the City Manager and City Attorney relating to the City’s rights, duties, privileges, and obligations in connection to the Collective Bargaining Agreement with the IAFF-WFFA Local 3207 as authorized by §551.071 of the Texas Government Code. There was no action on this item.
E.
Pending Litigation – Discussion with Special Counsel and City Attorney regarding a proposed settlement offer in the Sigler Winston Greenwood & Associates Inc. v. City of Weslaco, Cause No. C-3090-11-D pursuant to §551.071 of the Texas Government
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Code. There was no action on this item. F.
Pending Litigation – Consultation with City Attorney regarding Cause No. C- 683113-H Imelda Palacios v. City of Weslaco in the 389th Judicial District Court of Hidalgo County pursuant to §551.071 of the Texas Government Code. Commissioner Pena, seconded by Commissioner Tafolla, moved to authorize TML assigned Special Counsel Arnold Aguilar to file an answer. The motion carried unanimously; Mayor Suarez was present, but not voting.
IX.
ADJOURNMENT
With no other business before the Commission, at 9:09 p.m. Commissioner Tafolla, seconded by Commissioner Pena, moved to adjourn the December 3, 2013 regular meeting. The motion carried unanimously; Mayor Suarez was present, but not voting. CITY OF WESLACO
MAYOR, David Suarez ATTEST:
CITY SECRETARY, Elizabeth M. Walker
MAYOR PRO-TEM, J.F. “Johnny” Cuellar
COMMISSIONER, David R. Fox _______ COMMISSIONER, Olga M. Noriega
COMMISSIONER, Gerardo “Jerry” Tafolla COMMISSIONER, Lupe Rivera
COMMISSIONER, Fidel L. Pena, III
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III. B.
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Standardized Agenda Request Form
Agenda Item No. (to be assigned by CSO): Date of Meeting: December 17, 2013 III. C. From (name, title, department and who submitting on behalf of, if any): Leonardo Olivares, City Manager/ CMO Subject: Update Signatory Designation per New Mayor Discussion: Time Extension request for closing of Grant necessitates updating all contractual documents including signatory designation form with respect to TDRA-DR Contract No. DR5010201.
Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation):
Recommendation for Commission Action: Staff recommends approval.
Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”):
Responsibilities upon Approval:
Weslaco City Commission Regular Meeting
Page 23 December 17, 2013
Weslaco City Commission Regular Meeting
Page 24 December 17, 2013
RESOLUTION NO. 2013-97 STATE OF TEXAS
§
RESOLUTION AUTHORIZING SIGNATURES TO
COUNTY OF HIDALGO §
THE
CITY OF WESLACO
BLOCK GRANT PROGRAM
§
TEXAS
COMMUNITY
DEVELOPLMENT
WHEREAS, The City of Weslaco participates in The Texas Community Development Block Grant Program; and WHEREAS, The City of Weslaco is a Contractor under TDRA – DR Contract No. DR5010201; and WHEREAS, BBVA Compass Bank, 500 S. Missouri, Weslaco, Texas is The City of Weslaco’s financial lending institution that will serve as the depository for The Texas Community Development Block Grant Program contract funds; NOW THEREFORE BE IT RESOLVED that Mayor David Suarez and City Manager Leonardo Olivares are hereby designated as authorized signatories for all contractual documents with respect to TDRA – DR Contract No. DR5010201. VOTED, PASSED AND APPROVED on this 17th day of December, 2013. CITY OF WESLACO _____________________________ David Suarez MAYOR ATTEST: ____________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ Ramon Vela, CITY ATTORNEY
Weslaco City Commission Regular Meeting
Page 25 December 17, 2013
Standardized Agenda Request Form
Agenda Item No. (to be assigned by CSO): Date of Meeting: 12/17/13 III. D. From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: To approve Resolution 2013-98 amending Resolution 2012-72 authorizing the Mayor and City Commissioners to exercise certain powers identified with BBVA Compass Bank, including opening accounts, transferring funds, securing safe deposit boxes, and making inquiries pertaining to accounts and authorize the Mayor and city Commissioners to executive any related documents. Discussion: Discussion and consideration to approve Resolution 2013-98 amending Resolution 2012-72 authorizing the Mayor and City Commissioners to exercise certain powers identified with BBVA Compass Bank, including opening accounts, transferring funds, securing safe deposit boxes, and making inquiries pertaining to accounts and authorize the Mayor and city Commissioners to executive any related documents. Fiscal Note: Amount: N/A Term of Impact: N/A Identified in Current Budget: Y/N Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ X] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation):
Recommendation for Commission Action: To approve.
Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Attachment Responsibilities upon Approval: Finance Department
Weslaco City Commission Regular Meeting
Page 26 December 17, 2013
RESOLUTION NO. 2013-98 STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO
§ § §
RESOLUTION AUTHORIZING MAYOR DAVID SUAREZ, MEMBERS OF THE CITY COMMISSION, AND APPROPRIATE STAFF AS SIGNATORIES ON CERTAIN LEGAL FINANCIAL DOCUMENTS FOR THE CITY OF WESLACO
1. I, Elizabeth M. Walker, certify that I am the City Secretary of The City of Weslaco, organized under the laws of Texas, Federal Employer ID Number 74-6002544, engaged in Municipal business under the name of the City of Weslaco, and that the following is a correct copy of the resolution adopted at a meeting of the City Commission duly and properly called and held on December 17, 2013. This resolution appears in the minutes of this meeting and has not been rescinded or modified. 2. Be it Resolved that, (a) BBVA Compass Bank is designated as a depository for the funds of the City of Weslaco. (b) This resolution shall continue to have effect until express written notice of its rescission or modification has been received and recorded by this Financial Institution. (c) All transactions, if any, with respect to any deposits, withdrawals, rediscounts and borrowings by or on behalf of the City of Weslaco with this financial institution prior to the adoption of this resolution are hereby ratified, approved and confirmed. (d) Any of the persons named below, so long as they act in a representative capacity as agents of the City of Weslaco, are authorized to make any and all other contracts, agreements, stipulations and orders which they may deem advisable for the effective exercise of the powers indicated below, from time to time with this financial institution, concerning funds deposited in this financial institution, moneys borrowed from this financial institution or any other business transacted by and between the City of Weslaco and this financial institution subject to any restrictions stated below. (e) Any and all prior resolutions adopted by the City Commission of the City of Weslaco and certified to this Financial Institution as governing the operations of the City of Weslaco’s account(s), are in full force and effect, unless supplemented or modified by this authorization. (f) The City of Weslaco agrees to the terms and conditions of any account agreement, properly opened by any authorized representative(s) of the City of Weslaco, and authorizes the financial institution named above, at anytime, to charge the City of Weslaco for all checks, drafts, or other orders, for the payment of money, that are
Weslaco City Commission Regular Meeting
Page 27 December 17, 2013
properly drawn on this financial institution, and contain the required number of signatures for this purpose. 3.
The officials designated below are authorized to conduct business as indicated: Name and Title (A)
David Suarez, Mayor
(B)
John F. Cuellar, Mayor Pro-Tem
(C)
David Fox, Commissioner
(D)
Olga M. Noriega, Commissioner
(E)
Gerardo Tafolla, Commissioner
(F)
Lupe Rivera, Commissioner
(G)
Fidel L. Peña III, Commissioner
(H)
Leonardo Olivares, City Manager
(I)
Elizabeth M. Walker, City Secretary
(J)
Bret L. Mann, Finance Director
(K)
Sonia Flores, Asst. Finance Director
Signature
Indicate A, B, C, D and/or E A–H
(1)
Exercise all of the powers listed (2) through (9)
A – H, J
(2)
Open any deposit or checking account(s) in the name of the City of Weslaco
A–H
(3)
Endorse checks and orders for the payment of money and withdraw funds on deposit with this financial institution. Number of authorized signatures required for this purpose 2. Number of authorized signatures required for payroll purpose 1.
A – H, J
(4)
Open any certificate of deposit account and withdraw or transfer funds from the certificate of deposit on deposit with this financial institution. Number of authorized signatures required for this purpose 2.
A – H, J
(5)
Transfer funds from operations account to the payroll account, investment account or paying agent approved by City Commission by telefax or other electronic means. Number of authorized signatures required for this purpose 1.
A–H
(6)
Borrow money on behalf and in the name of the City of Weslaco executes
Weslaco City Commission Regular Meeting
Page 28 December 17, 2013
and delivers promissory notes or other evidences of indebtedness. Number of authorized signatures required for this purpose 2. A–H
(7)
Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the City of Weslaco as security for sums borrowed and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of nonpayment. Number of authorized signatures required for this purpose 2.
A – H, J
(8)
Enter into written lease for the purpose of renting and maintaining a Safe Deposit Box in this financial institution. Number of authorized signatures required to gain access and to terminate the lease 1.
A–K
(9)
Authorized to make inquiries as to status, account balance pertaining to the City of Weslaco.
4. I further certify that the City Commission of the City of Weslaco has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the power granted to the persons named who have full power and lawful authority to exercise the same. In Witness Whereof, I have hereunto subscribed my name and affixed the seal of this Corporation on December 17, 2013. RECONSIDERED, PASSED AND APPROVED on December 17, 2013 to expand administrative authority to the Finance Director.
CITY OF WESLACO
David Suarez, MAYOR ATTEST:
Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM:
Ramon Vela, CITY ATTORNEY
Weslaco City Commission Regular Meeting
Page 29 December 17, 2013
Standardized Agenda Request Form
Agenda Item No. (to be assigned by CSO): Date of Meeting: 12/17/13 III. E. From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: To approve Resolution 2013-99 amending Resolution 2012-73 authorizing the Mayor and City Commissioners to exercise certain powers identified with Plains Capital Bank, including opening accounts, transferring funds, securing safe deposit boxes, and making inquiries pertaining to accounts and authorize the Mayor and city Commissioners to executive any related documents. Discussion: Discussion and consideration to approve Resolution 2013-99 amending Resolution 2012-73 authorizing the Mayor and City Commissioners to exercise certain powers identified with Plains Capital Bank, including opening accounts, transferring funds, securing safe deposit boxes, and making inquiries pertaining to accounts and authorize the Mayor and city Commissioners to executive any related documents. Fiscal Note: Amount: N/A Term of Impact: N/A Identified in Current Budget: Y/N Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ X] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation):
Recommendation for Commission Action: To approve.
Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Attachment Responsibilities upon Approval: Finance Department
Weslaco City Commission Regular Meeting
Page 30 December 17, 2013
RESOLUTION NO. 2013- 99 STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO
§ § §
RESOLUTION AUTHORIZING MAYOR DAVID SUAREZ, MEMBERS OF THE CITY COMMISSION, AND APPROPRIATE STAFF AS SIGNATORIES ON CERTAIN LEGAL FINANCIAL DOCUMENTS FOR THE CITY OF WESLACO
1. I, Elizabeth M. Walker, certify that I am the City Secretary of The City of Weslaco, organized under the laws of Texas, Federal Employer ID Number 74-6002544, engaged in Municipal business under the name of the City of Weslaco, and that the following is a correct copy of the resolution adopted at a meeting of the City Commission duly and properly called and held on December 17, 2013. This resolution appears in the minutes of this meeting and has not been rescinded or modified. 2. Be it Resolved that, (a) Plains Capital Bank (previously First National Bank) is designated as a depository for the funds of the City of Weslaco. (b) This resolution shall continue to have effect until express written notice of its rescission or modification has been received and recorded by this Financial Institution. (c) All transactions, if any, with respect to any deposits, withdrawals, rediscounts and borrowings by or on behalf of the City of Weslaco with this financial institution prior to the adoption of this resolution are hereby ratified, approved and confirmed. (d) Any of the persons named below, so long as they act in a representative capacity as agents of the City of Weslaco, are authorized to make any and all other contracts, agreements, stipulations and orders which they may deem advisable for the effective exercise of the powers indicated below, from time to time with this financial institution, concerning funds deposited in this financial institution, moneys borrowed from this financial institution or any other business transacted by and between the City of Weslaco and this financial institution subject to any restrictions stated below. (e) Any and all prior resolutions adopted by the City Commission of the City of Weslaco and certified to this Financial Institution as governing the operations of the City of Weslaco’s account(s), are in full force and effect, unless supplemented or modified by this authorization. (f) The City of Weslaco agrees to the terms and conditions of any account agreement, properly opened by any authorized representative(s) of the City of Weslaco, and authorizes the financial institution named above, at anytime, to charge the City of Weslaco for all checks, drafts, or other orders, for the payment of money, that are
Weslaco City Commission Regular Meeting
Page 31 December 17, 2013
properly drawn on this financial institution, and contain the required number of signatures for this purpose. 3.
The officials designated below are authorized to conduct business as indicated: Name and Title (A)
David Suarez, Mayor
(B)
John F. Cuellar, Mayor Pro-Tem
(C)
David Fox, Commissioner
(D)
Olga M. Noriega, Commissioner
(E)
Gerardo Tafolla, Commissioner
(F)
Lupe Rivera, Commissioner
(G)
Fidel L. Peña III, Commissioner
(H)
Leonardo Olivares, City Manager
(I)
Elizabeth M. Walker, City Secretary
(J)
Bret L. Mann, Finance Director
(K)
Sonia Flores, Asst. Finance Director
Signature
Indicate A, B, C, D and/or E A–H
(1)
Exercise all of the powers listed (2) through (9)
A – H, J
(2)
Open any deposit or checking account(s) in the name of the City of Weslaco
A–H
(3)
Endorse checks and orders for the payment of money and withdraw funds on deposit with this financial institution. Number of authorized signatures required for this purpose 2. Number of authorized signatures required for payroll purpose 1.
A – H, J
(4)
Open any certificate of deposit account and withdraw or transfer funds from the certificate of deposit on deposit with this financial institution. Number of authorized signatures required for this purpose 2.
A – H, J
(5)
Transfer funds from operations account to the payroll account, investment account or paying agent approved by City Commission by telefax or other electronic means. Number of authorized signatures required for this purpose 1.
A–H
(6)
Borrow money on behalf and in the name of the City of Weslaco executes
Weslaco City Commission Regular Meeting
Page 32 December 17, 2013
and delivers promissory notes or other evidences of indebtedness. Number of authorized signatures required for this purpose 2. A–H
(7)
Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the City of Weslaco as security for sums borrowed and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of nonpayment. Number of authorized signatures required for this purpose 2.
A – H, J
(8)
Enter into written lease for the purpose of renting and maintaining a Safe Deposit Box in this financial institution. Number of authorized signatures required to gain access and to terminate the lease 1.
A–K
(9)
Authorized to make inquiries as to status, account balance pertaining to the City of Weslaco.
4. I further certify that the City Commission of the City of Weslaco has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the power granted to the persons named who have full power and lawful authority to exercise the same. In Witness Whereof, I have hereunto subscribed my name and affixed the seal of this Corporation on December 17, 2013 RECONSIDERED, PASSED AND APPROVED on administrative authority for the Finance Director.
December
17,
2013
CITY OF WESLACO
David Suarez, MAYOR ATTEST:
Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM:
Ramon Vela, CITY ATTORNEY
to
expand
Weslaco City Commission Regular Meeting
Page 33 December 17, 2013
Standardized Agenda Request Form
Agenda Item No. (to be assigned by CSO): IV. A. From (name, title, department and who submitting on behalf of, if any): Michael Kelley, Chief of Police, Weslaco Police Department Subject: Discussion and consideration for approval to purchase sixty-five (65) Glock 22 generation 4 pistols to include” WESLACO PD” engraved on the front right side as on previous models from GLOCK and night sights and five (5) Glock 27 generation 4 pistols with “WESLACO PD” engraved on the front right side as on previous models from GLOCK and night sights from Buy Board State Approved Contact # G363-10 (GT Distributors) not to exceed the amount of $35,000 paid by the Federal Asset Forfeiture Funds. Discussion: Discussion and consideration for approval to purchase sixty-five (65) Glock 22 generation 4 pistols and five (5) Glock 27 generation 4 pistols with night sights from Buy Board State Approved Contact # 363-10 (GT Distributors). There is will be no impact on the City Budget. The Police Department will pay the difference not to exceed $35,000 toward the purchase of the new handguns from the Federal Asset Forfeiture Account. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [X] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading Date of Meeting: December 17, 2013
If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: NA Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): NA Responsibilities upon Approval: Police Department will submit Budget Amendment Request to the Finance Department.
Weslaco City Commission Regular Meeting
Page 34 December 17, 2013