14 01 07 agenda supplements

Date of Meeting: January 7, 2014

Agenda Item No. (to be assigned by CSO): 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. Recognition of the Retirement of Tom Dimas, Fire Marshal. E. Roll Call.

Discussion: A. Mayor will Call to Order and certify Public Notice. B. Father Carlos Zuniga from St. Pius Catholic Church will give the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. Mayor will recognize Tom Dimas. E. 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.

Standardized Agenda Request Form

Weslaco City Commission Regular Meeting

Page 1 January 7, 2014

City of Weslaco “The City on the Grow”

255 S. KANSAS AVE. ■ WESLACO, TEXAS 78596-6285 ■ 956-968-3181 ■ WWW.WESLACOTX.GOV

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

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




Agenda Item No. (to be assigned by CSO): III. A. and VI. A.

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, on behalf of Justo Barrient Subject: Discussion and consideration to approve a Conditional Use Permit to obtain an On-Premise Wine and Beer Retailer’s Permit at 1501 W. Business Hwy., being Lot 1, Westgate Center Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to obtain an On-Premise Wine and Beer Retailer’s Permit. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] 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: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on December 2, 2013. Fourteen (14) property owners within 200 ft. of the applicant’s property were notified by letter on December 6, 2013. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.




Minutes of the Regular Meeting of the Weslaco City Commission on December 17, 2013 Page 1 of 11

A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, DECEMBER 17, 2013

On this 17th 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 David Suarez 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

City Manager Leonardo Olivares

City Secretary Elizabeth M. Walker City Attorney 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, Airport Director; and several other staff members and citizens.

I. 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 Saturday, December 14, 2013.

B. Invocation. Pastor Howard Bloomquist of Central Christian Fellowship 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.

II.

PUBLIC COMMENTS Ms. Alicia Aguilar, representing the Economic Development Corporation of Weslaco, encouraged the Commission to participate in the upcoming Christmas Parade by riding in a tram together to demonstrate community unity. Ms. Vickie Wilt of 805 Orange Avenue stated that the citizens have a right to know what City resources are being used to prepare and print political propaganda,




specifically the pamphlet and Facebook page titled the Truth in Weslaco.

III. CONSENT AGENDA 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 Regular Meeting on December 3, 2013. (Requested by City Secretary’s Office.) Attachment.

B. Approval of the renewal of the Affiliation and Program Agreement for Clinical Experience between Weslaco Fire/EMS and Texas State Technical College and authorize the Mayor to execute any related documents. (Requested by the Fire Department.) Attachment.

C. Approval of Resolution 2013-97 authorizing signatories to the Texas Community Development Block Grant Program and authorize the Mayor to execute any related documents. (Requested by City Manager’s Office.) Attachment.

D. Approval of 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 execute any related documents. (Requested by Finance Department.) Attachment.

E. Approval of 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 execute any related documents. (Requested by Finance 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. For the record, the Resolutions 2013-97 read as follows:

RESOLUTION NO. 2013-97

STATE OF TEXAS

COUNTY OF HIDALGO

CITY OF WESLACO

§

§

§

RESOLUTION AUTHORIZING SIGNATURES TO

THE TEXAS COMMUNITY DEVELOPLMENT

BLOCK GRANT PROGRAM

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.


STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

RESOLUTION AUTHORIZING MAYOR DAVID MEMBERS OF THE CITY COMMISSION, AND APPR STAFF AS SIGNATORIES ON CERTAIN LEGAL F 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 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 Signature (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

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 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 non-payment.

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.

RESOLUTION NO. 2013- 99

STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

RESOLUTION AUTHORIZING MAYOR DAVID MEMBERS OF THE CITY COMMISSION, AND APPR STAFF AS SIGNATORIES ON CERTAIN LEGAL F




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 properly drawn on this financial institution, and contain the required number of signatures for this purpose.

4. The officials designated below are authorized to conduct business as indicated:

Name and Title Signature (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

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 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 non-payment.

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 for the Finance Director. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY




IV. NEW BUSINESS

A. Discussion and consideration to authorize the purchase of sixty-five (65) Glock 22

Generation 4 pistols and five (5) Glock 27 Generation 4 pistols with night sights from Buy Board State Approved Contract #363-10 (GT Distributors) at a cost not to exceed $35,000.00 from the Federal Asset Forfeiture Account, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Police Department.) Attachment. The City Manager stated this item proposes to purchase seventy guns for Weslaco Police Officers; it was been 13 years since the guns were last replaced and prior to that the officers had to purchase their own weapons. The general fund is not associated with the purchase and recommends approval. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

B. Discussion and consideration to authorize the solicitation of a Request for Qualifications of firms or individuals to conduct an investigation into possible inappropriate use of city staff or resources. Possible action. (Requested by Commissioners Noriega and Pena.) In response to Mayor Suarez, the City Attorney state it would be proper to discuss this item in executive session. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to take item IV. B. from its posted sequence to be discussed in Executive Session. The motion carried unanimously; Mayor Suarez was present, but not voting. There was no action on this item.

C. Discussion with the City Commission regarding the proper role of City Commissioners in a council-manager form of government and failure to follow proper chain of command by Commissioner Olga M. Noriega. Possible action. (Requested by City Manager’s Office.) The City Manager stated he was not prepared to discuss the item at this time. Commissioner Noriega, seconded by Commissioner Pena, moved to further discuss the item as presented. Mayor Pro-Tem Cuellar stated that since it was the City Manager that placed the item on the agenda he would be voting against the motion. In response to Commissioner Noriega, Mayor Suarez stated the City Charter gives the City Manager the authority to place items on the agenda without the permission of the Commission. Commissioners Noriega and Pena opposed. The motion failed (2-4); Mayor Suarez




was present, but not voting.

D. Discussion of possible complaints or charges against Commissioner Olga M. Noriega for threatening City employees. Possible action. (Requested by City Manager’s Office.) There was no action on this item.

E. Discussion of a possible complaint against Commissioner Fidel L. Pena III for threatening a City employee. Possible action. (Requested by City Manager’s Office.) There was no action on this item.

F. Discussion and consideration to approve the final municipal equipment list encompassed by the lease/purchase agreement with The Frost National Bank in an amount not to exceed $2,000,000.00. Possible action. (Agreement authorized December 3, 2013; Requested by the Mayor.) The City Manager stated the Commission held a workshop on Tuesday, December 10 to discuss the itemized list of equipment. Mayor Pro-Tem Cuellar, seconded by Commissioner Fox, moved to approve the item as presented. Commissioner Pena asked if it would be feasible to purchase two (2) more defibrillators to outfit all the ambulances. Mayor Suarez stated the list being presented is roughly the same as originally presented to the Commission and has been posted to the City’s website. He has discussed with the City Manager and Finance Director all the equipment being requested and is satisfied with moving expeditiously. Mr. Mann stated that if the Parks Department is able to obtain any grants or other cost savings on the equipment identified the remaining funds can be programmed towards other equipment. The motion carried unanimously; Mayor Suarez was present, but not voting.

V. REPORTS

A. Report by Fire Department on EMS Billing Collections. Chief Cuellar stated that from December 14, 2012 to December 5, 2013 the EMS department received 1,548 total Medicare claims with a 98.54% collection rate, 199 Medicaid claims, and 1,716 insurance claims. There were 2,383 EMS calls with 919 resulting in no transport and therefore non-billable. The EMS Billing Collections have an overall rate of 82% with $2.1 million in funds being billed and a total credit of $979,973.00. Chief Cuellar reported the department collected $1.16 million which is a 24% increase in revenues over Medical Financial Services with a 50.95% decrease in expenses.

B. Report by Public Utilities Department on Self-Performance of Water, Wastewater,




and Lift Station systems. Mr. Salinas stated the department received an annual budget of $1.6 million; year to date there has been $113,000.00 in expenditures at the water plant which represents 18% of the total budget. The annual budget for both south wastewater plants and the north wastewater plant is $658,000.00; year to date 50% of the total budget had been expended due to a utility payment issue with AEP. The majority of the work for the treatment plants is during the summer months because there will be an increase in both consumption and water breaks. TCEQ issued a notice of violation for the water towers and estimates for the remediation are $1.1 million.

C. Report by Bret Mann on Overtime and Compensatory time for fiscal year 2013-2014. Attachment. Mr. Mann presented the report to the Commission and stated that budget should be at 19% per department for this period. The City Manager stated that they have been working with various departments to manage their overtime. Staff is looking into options for the Fire Department scheduling since it is not governed by the labor contract and could present potential savings of $250,000.00 without compromising safety. Mr. Mann stated a potential option could be to change the work cycle up to 28 days which would reduce overtime.

D. Special Recognition of the City Secretary’s Office Vital Statistics Division by the Texas Department of State and Health Services. The City Manager announced that the City Secretary’s Office had received the Five Star Recognition Award for Vitals Statistics and was one of only 17 cities in Texas to receive this award. The City Secretary expressed her gratitude to all the community partners for their dedicated work every day in vital records.

VI. EXECUTIVE SESSION At 6:55 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 8:18 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

VII. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Contemplated Litigation – Discussion with the City Attorney regarding contemplated litigation over the City of Weslaco’s 2013 Annexation as authorized by §551.071 of the Texas Government Code. There was no action on this item.

B. Personnel – Deliberation of the employment, discipline or dismissal of a public employee: City Manager, including, but not limited to the possible placement of the City Manager on suspension/administrative leave pending an investigation into




possible inappropriate use of city staff and/or resources as authorized by §551.074 of the Texas Government Code. (Requested by Commissioners Noriega and Pena.) Commissioner Noriega, seconded by Commissioner Pena, moved to suspend the City Manager based on the information she had complied regarding the Truth About Weslaco pending an investigation. The City Manager clarified no municipal resources had been supplied to the Truth About Weslaco and acknowledged growing communication problems between Commissioner Noriega and himself. He stated the information that was gathered by the directors was for the intent of printing a one page article in the Mid Valley Town Crier on the progress of the City; however due to cost staff did not move forward with the article. The City Manager was then approached by Ms. Villarreal on producing a prototype of a City-sponsored magazine, but never finalized a draft of the publication for print. By roll call vote, Commissioners Noriega and Pena opposed. The motion failed (2-4); Mayor Suarez abstained.

C. Personnel – Deliberation regarding temporary assignment of the duties the City Manager to another in the event the City Manager is suspended or placed on administrative leave as authorized by §551.074 of the Texas Government Code. (Requested by Commissioners Noriega and Pena.) There was no action on this item.

D. Personnel – Consultation with City Attorney regarding legal issues associated with Closed Session items as authorized by §551.074 of the Texas Government Code. (Requested by Commissioners Noriega and Pena.) There was no action on this item.

VIII. ADJOURNMENT With no other business before the Commission, at 8:37 p.m. Commissioner Tafolla, seconded by Commissioner Pena, moved to adjourn the December 17, 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 .




















THE STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO THE LOWER RIO GRANDE VALLEY DEVELOPMENT COUNCIL (LRGVDC)

WHEREAS, the Lower Rio Grande Valley Development Council (LRGVDC) has requested that a City of Weslaco elected official serve as the official member to its Board of Directors; and

WHEREAS, the LRGVDC further has requested that a City of Weslaco elected official serve as the alternate member of the LRGVDC Board of Directors;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO that ____________________________ be appointed as the official member to serve in the LRGVDC Board of Directors.

BE FURTHER RESOLVED that the remainder of the City Commission

including ______________________________ be appointed as the alternate member to serve in the LRGVDC Board of Directors and a copy of this Resolution shall be delivered to the Lower Rio Grande Valley Development Council office to evidence these appointments.

PASSED AND APPROVED this 7th day of January, 2014. CITY OF WESLACO _______________________________________ David Suarez, MAYOR ATTEST: _______________________________________ Eliabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: _______________________________________ Ramon Vela, CITY ATTORNEY



Introduction As you know the Rio Grande Valley Walk of Fame at the State Farm Arena was created as part of the 2005 BorderFest “A Salute to the Rio Grande Valley,” The City of Hidalgo, BorderFest Association, Hidalgo Chamber of Commerce and; City of Hidalgo Texas Municipal Facilities Corporation created the Rio Grande Valley Walk of Fame at the State Farm Arena. New inductees in The Walk will be unveiled during the 2014 BorderFest “Celebrating the Cultural Treasures of Argentina.” People from all walks of life are inducted into the Walk. The walk celebrates the life, achievements and significant civic contributions of outstanding men and women to communities in the Rio Grande Valley and South Texas. Selection Process The Rio Grande Valley Walk of Fame Commission will make the final selection for induction into the Walk. The commission includes key people from the Rio Grande Valley. Representatives from local libraries, arts organizations, media journalists and other citizens with an informed understanding of the Rio Grande Valley cultural heritage will serve on the commission. The previous groups of inductees include one person selected by every City Council in the Rio Grande Valley and one person selected by each Chamber in the Rio Grande Valley each year. In addition, the previous groups also include persons selected by the BorderFest Association and the City of Hidalgo. Additional persons will be inducted and recognized during BorderFest each year. Any individual previously nominated into the walk cannot be considered for re-nomination. To avoid any duplications attached please find a copy of all the previous inductees. Nomination Criteria Submit the name, date and place of birth, and a short history of the person you wish to nominate. Include the Rio Grande Valley connection, life achievements and a description of his or her contributions to the community. Anyone may participate in the nomination process. Simply complete the Walk of Fame nomination form, which would include facts and contributions the person has made to the Rio Grande Valley. Please send to:

Rio Grande Valley Walk of Fame Commission 704 East Texano Drive Hidalgo, Texas 78557

(956) 843-2286 (956) 843-2317 Fax

Email address: [email protected] Attention: Maggie Cabrera



Nominee____________________________ Address _______________________________________

City ________________________________ State __________________ Zip ___________________

Phone # (Day) ___________________ (Evening)________________ (Cell)_____________________

Business Association / Organization ____________________________ Title ___________________

E-Mail Address ____________________________________________________________________

Date of Birth _________________ Still Living Yes ______ No ______ Date of Death __________

Born in Rio Grande Valley Yes _______ No _________

Did this person spend most of his/her life in Rio Grande Valley or Texas? Yes _____ No __________ How many years?___________________ What contribution has this nominee made to your Community, the Rio Grande Valley or Texas? _______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

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What impact has this nominee’s work had on the Community, Rio Grande Valley or Texas? _______________________________________________________________________________________

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List Nominee’s Community or Volunteer Work. _______________________________________________________________________________________

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List Nominee’s participation in Civic or Non-Profit Organizations. _______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

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List Nominee’s Family Information. _______________________________________________________________________________________

_______________________________________________________________________________________

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List Nominee’s Professional Organization Affiliations. _______________________________________________________________________________________

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Describe how this nominee has gone above and beyond the call of duty in their work for the community. _______________________________________________________________________________________

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Are there other indicators of the nominee’s achievements not listed previously? (Honors, Memberships, Recognition, Awards, Publications, etc.) _______________________________________________________________________________________

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Nominator Organization _______________________________________________________________

Contact Person _______________________ Address _______________________________________

City _____________________________ State __________________________ Zip ______________

Phone # (Day) ___________________ (Evening) ____________________ (Cell) ________________

Business Association / Organization _____________________________ Title __________________

E-Mail Address ____________________________________________________________________

_______________________ _____________ ______________________ ________________ Nominator’s Signature Title Nominator’s Signature Title _______________________ _____________ ______________________ ________________ Nominator’s Signature Title Nominator’s Signature Title _______________________ _____________ ______________________ ________________ Nominator’s Signature Title Nominator’s Signature Title

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Town of South Padre Island South Padre Island Chamber of Commerce 2013 Shane Wilson 2013 Bill Donahue 2012 Robert Nixon 2012 Lynne Tate 2011 Leslie Ruth Blasing 2011 David Friedman 2010 Paul Y. Cunningham Jr. 2010 Dan Stanton 2009 Peggy Trahan 2009 Darrell Mangham 2008 Lucinda “Sandy Feet” Wierenga 2008 Jake Falgout 2007 Minnie Solomonson + 2007 Robert N. Pinkerton Jr. 2006 John L. Tompkins + 2006 Richard Franke 2005 Ila Loetscher + 2005 Troy W. Giles City of Sullivan City 2009 Rosendo “Cheno” Benavides + 2007 Guillermina “Ginger” Villarreal 2006 Reynaldo Ruiz 2005 Gumaro “Maro” Flores City of Weslaco Weslaco Chamber of Commerce 2013 Charles & Christine Warren 2013 Ramon “Monse” Montalvo 2012 Eloy R. Alaniz 2012 Margaret Looney McAllen 2011 Robert A. McAllen 2011 Noble C. Allen 2010 Eugene Richard Vaughn Jr. 2010 Robert W. Vanderveer 2009 Dr. Robert Sepulveda 2009 Patti Dittburner 2008 Mayor Hector “Buddy” de la Rosa 2008 Ruben Cardenas 2007 Dr. Benigno (Ben) Villalon 2007 Fred McCaleb 2006 Isaac D. Rodriguez 2006 Dr. Armando Cuellar + 2005 Joe V. Sanchez 2005 Gene A. Braught +




Agenda Item No. (to be assigned by CSO): III. A. and VI. A.

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, on behalf of Justo Barrient Subject: Discussion and consideration to approve a Conditional Use Permit to obtain an On-Premise Wine and Beer Retailer’s Permit at 1501 W. Business Hwy., being Lot 1, Westgate Center Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to obtain an On-Premise Wine and Beer Retailer’s Permit. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] 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: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on December 2, 2013. Fourteen (14) property owners within 200 ft. of the applicant’s property were notified by letter on December 6, 2013. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.



























Agenda Item No. (to be assigned by CSO): VI. B.

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director on behalf of Medelfish, Ltd.

Subject: Discussion and consideration of the Final Plat of RSBR Westgate Subdivision – being a re-subdivision of 1.44 acres out of lots 3 & 4, Quail Hollow North Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The proposed one (1) lot subdivision is within the City of Weslaco and is located on the southwest corner of Westgate Road and Covey Drive. This subdivision is proposed to be serviced with water by North Alamo Water Supply Corporation through an existing water line and sewer service will be provided by the City of Weslaco through a new service on Covey Drive. The property is within a Flood Zone “X. Stormwater runoff will be detained on-site and released to the existing Quail Hollow North drainage system The property is currently zoned B-2, Secondary and Highway Business District. A new Dollar General Store is being proposed at this location. 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: 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): Planning & Zoning Commission recommends approval of the final plat with the recommendation that the developer escrow funds for a sidewalk on Westgate Drive. Recommendation for Commission Action: Staff recommends approval of the final plat. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Subdivision Platting, Engineering, Public Facilities, Fire Marshal’s comments, Drainage Report, Subdivision Plat and Utility Layout. Responsibilities upon Approval: Planning staff will advise applicant.




































Date of Meeting: 12/03/2013

Agenda Item No. (to be assigned by CSO): V. B.

From (name, title, department and who submitting on behalf of, if any): Veronica Ramirez, Human Resources Director Subject: 125 Cafeteria Plan Insurance Policies Discussion: Discussion and consideration to issue request for proposals or extend the term of the existing 125 Cafeteria Plan (optional/voluntary supplemental insurance. i.e., vision, dental, life, cancer, long-term care, etc.) for the City of Weslaco employees for an additional year at no cost to the City. Effective from April 1, 2014 to March 31, 2015. Possible action Attachment. 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: 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): N/A Recommendation for Commission Action: Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): List of current insurance vendors Responsibilities upon Approval:




*Current 125 Cafeteria Plan Insurance Vendors For the City of Weslaco

Effective from April 1, 2013 to March 31, 2014

1. Humana – (Elizabeth Perez & Pam Taylor, Agents)

• Vision • Dental

2. Allstate – (Myriam Guerra, Agent) • Heart attack/Stroke • Group Cancer • Group Supplemental Health (Shop) • Term Life • Critical Illness • Accident plan “group accident”

3. ING – (Jeff Everitt & Associates, Agent)

• Universal Life

4. Lincoln – (Jeff Everitt & Associates, Agent) • Short Term Disability • Long Term Disability

5. New York Life – Aurora Saenz

• Life Insurance Products (Long Term Care)

*Employee elects coverage: pays premium out of packet via payroll deduction.

























THE STATE OF TEXAS MEMORANDUM OF UNDERSTANDING

CITY OF WESLACO BETWEEN THE CITY OF WE' SLACO & THE

COUNTY OF HIDALGO BOYS AND GIRLS CLUB OF MID VALLEY

The City of Weslaco, a home -rule municipal corporation, 255 South Kansas Avenue, Weslaco,Texas 78596 and The Boys and Girls Club of Mid Valley (Weslaco Unit), a Texas non -profitcorporation, herby enter this Memorandum of Understating under the following terms andconditions:

CITY OF WESLACO

1. The City of Weslaco is providing building space at 500 South Kansas Avenue, Weslaco,Texas 78596 for staff and boys and girls enrolled in activities.

2. The City of Weslaco will provide funding to the Boys and Girls Club of Mid Valley inthe amount of $16,090.00payable in two (2) installments of $5,000.00 and $11,090.00.

I KI] 't ;Y .' + ll1 I IS MrM in 11 I ) 010 1111' /\ 1111

Weslaco Unit)

1. The Boys and Girls Club of Mid Valley (Weslaco Unit) will provide staff to supervise theboys and girls who will participate in the activities at the building space at 500 SouthKansas Avenue, Weslaco Texas, 78596.

2. The Boys and Girls Club of Mid Valley (Weslaco Unit) will be responsible to pay forstaffing, pay for materials, provide general liability coverage for activities and operationsat 500 South Kansas Avenue, Weslaco, Texas 78596.

TERM

This Memorandum of Understanding shall take effect upon execution and remain in forceuntil December 31, 2011 or a formal document is approved by the City Commission ofWeslaco.

Executed this 11th day of May 2012.



CITY OF WESLACO:

S&Leonardo Olivares, JD MPA, City Manager

BOYS & GIRLS CLUB OF WESLACO

Da id Fox, Chief Professional Officer







The City of Weslaco, a home -rule municipal corporation, 255 South. Kansas Avenue, Weslaco, Texas 78596 and The Boys and Girls Club of Weslaco, Inc., a Texas non- profit corporation,

1513 E. 2nd Street, Weslaco, Texas 78596 herby enter this Memorandum of Understating underthe following terms and conditions:

1. The City of Weslaco will provide funding in the amount of $8, 333. 32 payable upon

execution of this Memorandum of Understanding.

1. The Boys and Girls Club of Weslaco, Inc. will provide staff to supervise the boys and

girls who will participate in the activities of the Boys and Girls Club of Weslaco, Inc.

2. The Boys and Girls Club of Weslaco, Inc. will be responsible to pay for staffing andmaterials for activities and operations of the Boys and Girls Club.

tI HUT

This Memorandum of Understanding shall take effect April 1, 2013 and remain in force untilMay 31, 2013 or a formal document is approved by the City Commission of Weslaco.

This agreement supersedes any prior Memorandum of Understanding.

Exec is th day of May 2013

Leonardo Olivares, City Manager

BOYS & GII I > CTB OF WESLACO, INC:

Joe Salazar Jr., President





Legislative Assistance Agreement Page 1 of 3

THE STATE OF TEXAS § LEGISLATIVE ASSISTANCE COUNTY OF HIDALGO § AGREEMENT - CITY OF WESLACO CITY OF WESLACO § AND CABALLERO GOVERNMENTAL § AFFAIRS

This Agreement, entered into this the ___ day of January, 2014, by and between The City

of Weslaco, a home-ruled municipal corporation located at 255 South Kansas Avenue, Weslaco, Hidalgo County Texas, 78596, (herein called “City”) and Caballero Governmental Affairs, P. O. Box 2670, Austin, Travis County, Texas, (herein called “Liaison”).

RECITALS

WHEREAS, it is the desire of the City to engage the services of the Liaison to assist the City with pending legislation in the current and future Texas Legislative Session; and

WHEREAS, Liaison possesses the knowledge and background necessary to provide services requested; and

WHEREAS, it is the desire of the Liaison to provide such services;

NOW THEREFORE in consideration of the mutual agreements contained herein, and subject to the terms and conditions as stated, it is hereby acknowledged, the parties herein agree as follows:

SECTION 1 RESPONSIBILITIES OF LIAISON

Liaison shall use its best efforts to provide the following services:

a. To keep the administrative staff of the City aware of all pending bills

which might impact the City and the economy, the business development of the City’s future.

b. To advocate or oppose legislation on behalf of the City.

Additionally, Liaison shall:

1. Submit to the City written monthly reports regarding the status of the pending legislation and its activity on behalf of the City.

2. File all written statements and reports as required by Section 305.026 of the Texas Government Code or as otherwise required by law, and shall in connection with all services performed hereunder comply with appropriate laws and regulations of the State of Texas.

3. Devote such time as is reasonably necessary for satisfactory performance of its duties under this agreement.

This agreement maybe amended by mutual agreement of the parties in writing to be




attached to and incorporated into this agreement. Neither this agreement nor any duties or obligations under it shall be assignable by the

Legislative Liaison without the prior written consent of the City Manager.

This agreement constitutes the sole and only agreement of the parties and supersedes any prior understanding or written or oral agreements between the parties respecting this subject matter.

SECTION II TIME OF PERFORMANCE

Liaison agrees to perform services identified in Section I for a period of two (2) years,

commencing on February 1, 2014 and ending on January 31, 2016.

SECTION III NON-APPROPRIATIONS

Not withstanding anything in the contract documents to the contrary, any and all

payments which the City is required to make under this contract shall be subject to annual appropriation or other availability of funds, as certified by the Director of Finance.

If the City cannot appropriate sufficient funding, then either party has the right to terminate the contact by providing ten (10) days’ written notice to the other party.

Furthermore, execution of this contract does not automatically guarantee a renewal of contract upon expiration.

SECTION IV RESPONSIBILITIES OF CITY

City agrees to pay Liaison $5,000.00 per month for services. Payment for services shall

be paid upon receipt of invoice from Liaison.

Subject to the policies of the City, and the limitations set out herein, the Liaison is authorized to incur the following business expense for promoting the business of the City, and will be reimbursed for all such expenses as follows:

a. Out of town travel expenses, as approved by the City Manager. b. Meals related to travel, as approved by the City Manager. c. Any other business related expense, as approved by the City Manager.

All reimbursement requests shall be accompanied by receipts and shall be submitted with

payment invoice on a monthly basis.

EXECUTED by the parties in triplicate originals on the day and year first written above.




CITY OF WESLACO David Saurez, MAYOR ATTEST: Elizabeth M. Walker, CITY SECRETARY APPROVE AS TO FORM: Ramon Vela, CITY ATTORNEY

CABALLERO GOVERNMENTAL AFFAIRS

_______________________________________ Elvia Caballero Lopez Caballero Governmental Affairs P.O. Box 2670 Austin, Texas 78768-2670 Phone: (512)731-5388 Fax: (512)280-7207







































































Documents

14 01 07 agenda supplements