The State of Texas                                                                                                                      Regular Meeting

The County of San Patricio                                                

The City of Mathis                                                                                                March 9, 2009            

In accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, notice is hereby given that the City Council of the City of Mathis will hold a REGULAR MEETING at 7:00 p.m. on Monday, March 9, 2009, at City Hall, 411 E. San Patricio Avenue.

 

PUBLIC NOTICE is hereby given that the City Council may elect to go into closed session at any time during the meeting in order to discuss matters listed on the agenda concerning personnel, consultation with the city attorney, real estate acquisition, or other purposes authorized under the Open Meetings Act.  In the event the City Council elects to go into closed session regarding an agenda item; the purpose of the closed session and the section of the Open Meetings Act authorizing the session will be publicly announced by the presiding officer.   

 

The Council will discuss and act on the following:

 

1.         Roll call to determine the presence of a quorum.

 

Present at Roll Call:  Councilwoman Sandy Gutierrez, Councilwoman Rosie Aguilar, Councilman David Garcia, Councilwoman Delia Rosales and Mayor Pro Tem Roy Sanchez.

 

Council Member absent:  Mayor Mario Alonzo

 

City Staff Present:  City Manager Gus H. Pappas, City Secretary Amanda Franco Alvarado, Police Chief Rolando Hernandez, City Comptroller KaLee Webb.

 

City Staff absent:  Joe Sandoval, Director of Public Works

 

Guests Present:  Jeanne Baen, Barbara McCarn, Lucio Munoz, Juan Pimentel, Jesse Urdiales, David Martinez, Lori Mair, Tony Martinez, Diana Rosales, Lydia Garcia, Ruben Ruiz, Randy Gomez, Katherine Avalos, Rudolfo Rosales, Robert Gonzales, Daniel Sarate, Lorie Walters, Bonnie Coronado, Serapio Coronado III

           

 

2.         Call to Order

 

MOTION:      Mayor Pro Tem Raul Sanchez called the regular meeting at 7:00 p.m.

 

 

 

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3.         Consider approval of Minutes for March 2, 2009.

 

MOTION:      Councilman David Garcia moved to approve the minutes, seconded by Councilwoman Sandy Gutierrez, 5 to 0.

 

 

 

PUBLIC FORUM

 

Individuals are invited to address the City Council regarding their concerns.  Individuals/groups are permitted three minutes to present their concerns.  The City Council may not enter into discussion or answer questions and no action on such concerns will be permitted except to place an item on future agenda.  If a large group will be attending/presenting, the group should select a spokesperson to address the City Council on this issue concerning the group.

 

 

4.         Citizen presentations from the floor.

 

Richard Herndon voiced concerns over the dogs still running loose in his area.  Mr. Pappas informed Mr. Herndon that a total of 25 dogs were picked up and a “task force” of former ACO and city crews are in the process of picking more dogs up.  Chief Hernandez confirmed and stated they would need to remove the dogs already in captivity to make more room, as there isn’t any at the moment.  Mr. Herndon also had concerns regarding the contents of the city website being still being outdated. 

 

 

5.         Consider presentation by Ms. Melanie Hinojosa regarding the Gonzalo Paiz Park.

 

Mr. David Martinez, Mathis Little League President notified the Council of the Mathis Little League opening ceremonies to be held on April 4^th, 2009 at 10 a.m. at Gonzalo Paiz Park.  He also wanted to extend his appreciation to the Council on behalf of the Little League for all the work done on the Gonzalo Paiz Park in order to be prepared for the opening.  Hopes the parents will get involved to accomplish any further work required.  Understands the infrastructure is complete but more is necessary to get water to the playing fields.  Concerned with fees that were discussed at a previous meeting with the City Manages, and would like the fees waived at least for this year.  Also concerned with security and requests to place a deadbolt on the door of the press box door.

 

Mr. Pappas explained that the concept of a contract and a fee was not to reimburse the city or the citizens but to attempt to reimburse the city for direct maintenance to keep the fields maintained.   During the previous meeting between Mr. Pappas and Mr. Martinez, he believed that Mr. Martinez understood about the fee and due to financial situations wanted the fees lowered. 

 

Councilman David Garcia stated that although he agrees with establishing a contract to designate maintenance duties, he is against imposing a fee.

 

Mayor Pro Tem Roy Sanchez suggested that Mr. Pappas set up a contract and present to the Council for approval.

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March 9, 2009

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MOTION:     Councilman David Garcia moved to authorize City Manager Mr. Pappas to formulate a contract and present to Council for approval.  Councilwoman Delia Rosales seconded motion.  Motion carried 5-0.

 

 

6.         Consider presentation by Ms. Raquel Garcia regarding Mathis Police Department.

 

Ms. Garcia provided a detailed typed statement to the Council, Mr. Pappas, and Chief Roland Hernandez to which she then proceeded to read aloud.  She gave a brief explanation of the statement.

 

Councilman Garcia commended Ms. Garcia on her presentation and stated that he was “sick and tired” of hearing the same complaint [about the police department] repeatedly at every meeting.

 

Councilwoman Gutierrez suggests an executive session.

 

Councilwoman Aguilar moves to table and states officers should be present in order to “defend themselves”.  Councilwoman seconds motion while Councilman Garcia suggests Mayor Pro Tem Sanchez should “call legal”.  Mayor Pro Tem Sanchez orders a 10-minute recess at 7:43 pm to contact the city attorney.  The regular meeting returns to session at 7:55 pm and Mayor Pro Tem advises Council and public that the city attorney Lucinda Garcia advised the posting of a Special Meeting in which to conduct an Executive Session with the city attorney present.

 

MOTION:     Councilwoman Aguilar moved to set up a Special Meeting and was seconded by Councilwoman Rosales.  Motion carried 5 to 0.

 

 

7.         Consider second and final reading, adoption of Ordinance No. O-09-002, Regulating Sexually Oriented Business.

 

Mr. Pappas advised that due to there being no such ordinance in existence upon the time of inquiry, the [enquirer] has a period of 6 months with which to be “grand-fathered in”.

 

MOTION:     Councilwoman Gutierrez moved to adopt Ordinance No. O-09-002, and was seconded by Councilwoman Rosales.  Motion carried 5 to 0.

 

 

8.   Consider second and final reading, adoption of Ordinance No. O-09-003, establishing a Franchise Fee for use of public rights of way by the water and sewer utility, establishing a street improvement fund, establishing procedures to deposit 100% of revenue to street improvement fund.

           

MOTION:   Councilwoman Aguilar moved to adopt Ordinance No. O-09-003, and was seconded by Councilwoman Gutierrez.  Motion carried 5 to 0.

 

 

 

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March 9, 2008

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9.   Consider approval of Fire Department expense reimbursement billing contract with NRS.   

 

Mr. Pappas briefly explained that NRS is already in use by the EMS Department is highly successful. 

 

Councilman Garcia voiced concerns over who will be billed and whether or not the citizens will be harassed in event that they have no homeowners’ insurance.

 

Mayor Pro Tem Sanchez states that he remembered that the City put a stipulation on the EMS contract with NRS that private pay citizens’ account be dropped after ninety (90) days.  He also requested that Mr. Pappas “double-check” contract so as not to turn into a standard collection process on uninsured citizens.

 

MOTION:     Councilwoman Aguilar moved to table the item to obtain further specifics as to who will be billed.  Motion was seconded by Councilwoman Gutierrez, and carried 5 to 0.

 

 

10.   Consider award of bid for Waste Water Treatment Plant improvements funded under the 2008 CDBG grant.

 

Mr. Juan Pimentel with LNV Engineering explained the bid procedure and tabulations and recommended RS Black Civil Contractors, Inc, upon previous work and lowest bid.

 

MOTION:    Councilman Garcia moved to award bid to RS Black for the Waste Water   Treatment Plant improvements, seconded by Councilwoman Gutierrez, motion carried 5-0.

 

 

11.   Consider approval of line item transfer recognizing receipt of unbudgeted revenue from TLEOSE of $1,290.74 and increasing budgeted funds of professional training in Police Admin and CID both by $645.37.

 

Mr. Pappas explained that not enough funds were allocated for either training in neither Police Admin nor CID so funds were transferred from TLEOSE revenue, which is specifically for training.

 

MOTION:     Councilman Garcia moved to approve line item transfer and was seconded by Councilwoman Aguilar.  Motion carried 5-0.

 

 

12.   Consider approval of line item transfer of $500.00 from 10-11-4912 CM Reserve to 10-18-4227 Code Compliance Books and Pamphlets.

 

Mr. Pappas explained books were necessary due to guidelines needed for demolishing homes.

 

MOTION:    Councilwoman Aguilar moved to approve line item transfer and was seconded by Councilwoman Gutierrez.  Motion carried 5-0.

 

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13.   Consider approval of line item transfer of $1,450.00 from account 92-92-4394, $500.00 from 92-92-4464, and $1,500.00 from 92-92-4465 for total of $3,450.00 to 92-92-4350 Internet Service in the amount of $3,450.00 to fund internet service not provided for in the revised budget.

 

Mr. Pappas explained that this was due to the addition of the MIS fund.

 

MOTION:    Councilwoman Aguilar moved to approve line item transfer and was seconded by Councilwoman Rosales.  Motion carried 5-0.

 

 

14.   Consider approval of line item transfer to recognize an unbudgeted revenue of $25,154.00 from the Administrative portion of a closed grant to line item 10-20-4415 Park Improvements in the amount of $15,154.00 and 10-10-4911 City Council Reserve for $5,000.00 and 10-11-4912 City Manager Reserve for $5,000.00 for a total of $25,154.00 to fund final improvements needed to open Paiz Park for Little League use and increase in ready reserves for the Council and the City Manager if needed.

 

Mr. Pappas explained that this was unexpected revenue used to for the final repairs of Gonzalo Paiz Park.

 

MOTION:    Councilwoman Gutierrez moved to approve line item transfer and was seconded by Councilwoman Aguilar.  Motion carried 5-0.

 

 

15.  Consider Accounts Payable Report.

 

No questions arose.

 

 

16.  Discussion of future Agenda items.  

 

Mayor Pro Tem stressed the need to look for the minutes concerning the EMS’ contract with NRS in order to place item 9 on a future agenda and be better informed.                                                  

 

Councilwoman Sandy Gutierrez thanked everyone for attending.

 

Councilwoman Rosie Aguilar stated she had nothing further to add and also thanked everyone for attending.

 

Councilman David Aguilar requested that the City Of Mathis emblem be used more as the kids put a lot of work into the emblem.  Mr. Pappas apologized and stated he did not have emblem on his computer.  The City Secretary advised that she would email emblem to him.

 

Councilwoman Delia Rosales was concerned that Council was not receiving announcements in Agenda Packet.  Mr. Pappas informed Council that outside agency announcements were placed in their respective inboxes.

                                                                                                                                                                            

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March 9, 2008

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Chief of Police Roland Hernandez informed the Council on recent activity and arrests and also, that they are currently working on issuing more traffic tickets and curfew enforcement.

 

Fire Chief Lucio Munoz stated that the Fire Department had been very busy with fires in Mathis as well as the surrounding areas.  Councilwoman Gutierrez acknowledged and thanked Mr. Munoz for all that they do.

 

 

17.  Adjourn.

 

MOTION:      Councilwoman Rosie Aguilar moved to adjourn the regular meeting at 8:41 p.m., seconded by Councilwoman Sandy Gutierrez.  Motion carried 5-0.

 

 

 

 

PASSED AND APPROVED ON THIS THE _______ DAY OF ______________, 2009.

 

UPON THE MOTION OF _________________________________________________

 

SECONDED BY _________________________­­­_________________ AND ADOPTED

 

BY A VOTE OF __________ TO  __________.

 

 

 

 

                                                                                                __________________________

                                                                                                Mario Alonzo, Mayor

 

 

 

ATTEST:

 

___________________________

Amanda Franco Alvarado,

City Secretary