Regular Meeting 

12115110 

CITY COMMISSION 

REGULAR MEETING 

HARLINGEN, TEXAS 

DECEMBER 15, 2010 

A Regular Meeting of the Harlingen Elective Commission was held on Wednesday, 

December 15, 2010 at 5:30p.m. in Town Hall, City Hall, 118 E. Tyler Street, Harlingen, 

Texas. Those in attendance were: 

Mayor and Citv Commission 

Mayor Chris Boswell 

Joey Trevino, Mayor Pro Tern 

Gustavo C. Ruiz, Commissioner District I 

Robert Leftwich, Commissioner District i 

Kori Marra, Commissioner District 3 

Jerry Prepejchal, Commissioner District 4 

Staff Present: 

Carlos Y erena, City Manager 

Roxann P. Cotroneo, City Attorney 

Sylvia R. Trevino, City Secretary 

Mayor Boswell called the meeting to order and stated that notice of the meeting had been 

duly posted according to law. 

INVOCATION/PLEDGE OF ALLEGIANCE/WELCOME 

Commissioner Leftwich delivered the invocation and the Pledge of Allegiance followed. 

At this time the City Attorney read the rules of decorum in their entirety. 

BOARD MEMBER RECOGNITIONS 

None 

CITIZEN COMMUNICATION 

Lorraine Woolam introduced a foreign exchange student from Brazil who is participating 

in an exchange program through the Harlingen Rotary Club. 

SPECIAL RECOGNITION: 

HARLINGEN FIREFIGHTERS 

Michael Rinaldi, Fire Chief, gave comments of special recognition to a group of 

firefighters for their firefighting efforts conducted on a daily basis. 

2010 FIVE-STAR LOCAL REGISTRAR VITAL REGISTRATION A WARD 

Mayor Pro Tern Trevino presented the 2010 Five-Star Local Registrar Vital Registration 

Award to the Vital Statistics staff that was present and read the accomplishments that led 

to the A ward. 

PRESENTATION -ANNUAL PROPERTY TAX COLLECTIONS REPORT 

JOHN GUEVARA 

John Guevara, representing Linebarger Goggan Blair and Sampson presented his annual 

property tax collections report for both delinquent and current collections. He distributed 

a copy of the current & delinquent tax collections percent collection report. 

Mr. Guevara indicated that that the delinquent tax collection program continues to 

emphasize on working with individual taxpayers to collect taxes owed and to keep 

litigation as the final option. Property inspection visits are aimed at informing taxpayers 
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of their delinquency and to advise taxpayers of available options to pay all amounts 

owed. During each property inspection attempts are made to advise taxpayers of their 

delinquency status and are given information on preventing taxes and collection costs 

from accruing. 

Mr. Guevara went over the delinquent tax collections for base taxes only from October 

through September that reflected a 31.4% collection rate and base taxes, penalty and 

interest with a total collection amount of$872,121 for 2009-2010. 

As for lawsuits, Mr. Guevara stated that most lawsuits do not go to tax sales. The firm is 

currently processing 38 title abstracts totaling approximately $111,653. Special emphasis 

will continue to be placed on high dollar accounts and multiple-year delinquency 

accounts. He reported that 22 properties were sold and two went to administrative 

review. He explained that property resales where no bids are submitted the properties get 

'struck off. Mr. Guevara indicated that the next property resales would be conducted in 

March and June 20 II. As properties are taken to judgment, they will be reviewed and 

checked for payment. 

Further, the firm is currently monitoring the compliance of96 payment agreements, 

totaling over $48,302. If a default occurs, the taxpayer is sent a notice to cure the default 

and to re-establish their agreement. If non-compliance with the terms of the agreement 

continues, litigation will commence. 

Regarding bankruptcy, Mr. Guevara indicated that the firm would actively monitor and 

verify the 190 accounts in bankruptcy for the payment of taxes, penalties, and interest 

owed to the City. These accounts represent over $116,266 in bankruptcy claims owed to 

the City. 

Mr. Guevara explained that they have had to change strategies to deal with those people 

that do not adhere to the payment agreements. 

Roxann Cotroneo thanked Mr. Guevara for working together with the City on the 

properties that are for sale and their relation to the City's demolition program. 

PRESENTATION BY THE PAN AMERICAN GOLF ASSOCIATION 

REGARDING THE USE OF A CITY FACILITY (PREPEJCHALrfREVINO) 

Lyle Garza made his presentation and stated that a few members of the Club are 

requesting a new lease on the Club House. Mr. Garza continued to give a history of how 

the Club House came about. He stated that the membership consists of about 45-95 

members and that number fluctuates. The members get involved in the community and 

they award 2-4 scholarships throughout the year. The PAGA hosts 4-6 tournaments that 

generates outside interest and other golf courses get involved with Harlingen's 

tournaments. 

Mr. Garza explained that the PAGA built the current Club House and storage shed in 

exchange for a lease. There is an event center within that is rented out to the public for a· 

low rental fee and this benefits the community. The construction of the Club House dates 

back to 1972 or 1973. He stated that the lease amount is $1.00 per year and the insurance 

costs are $7,000. The lease expired in 2008 and was not renewed. The fact is that there 

are a lot of repairs to be done and it is pretty expensive. The roofleaks and the 

bathrooms need to be upgraded. 

Mr. Gabriel Gonzalez pointed out that it would take about $30-40,000 to repair and the 

PAGA did receive about $6,000 from insurance to repair the roof. 

Mr. Garza affirmed that they did receive a check but handed it right back to the City. Mr. 

Gonzalez explained that the building has to be repaired before anyone will insure it. 

Mr. Garza stated that because it has not been maintained it is in disarray. He explained 

that through rentals of the facility the PAGA makes about $30,000 annually but they end 

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up clearing only about $2,000-$5,000 and it is not financially prudent for them to take it 

on with a lease. He offered (2) I 0-year terms at $1.00 per year. 

Commissioner Trevino asked that the City Manager get involved and work on lease terms. 

to come back to the City Commission with. It was noted that the building was built right 

after Hurricane Beulah in 1968. 

At this time Martin Rodriguez also gave some history of the building and he stated that 

the building had been gutted out and the City allowed them to fix it up and they had to 

build another building so the City could store equipment and that is how they were able 

to get a 20-year lease way back then. 

Mr. Garza introduced Jose Luis Garcia, the new president of P A GA. 

Mr. Garza stated that part of their vision is to build a score board and host a Jr. Golf 

school. 

MINUTES FOR APPROVAL- SPECIAL MEETING OF NOVEMBER 29, 2010 

AND REGULAR MEETING OF DECEMBER 1, 2010 . 

Commissioner Leftwich made a motion to approve both sets of minutes as presented. 

Commissioner Prepejchal seconded the motion and it carried unanimously. 

CONSENT AGENDA: 

A. REFUND OF PROPERTY TAXES APPROVED FOR NEIL AND LYNDA 

HAMAN, ACCOUNT NO. 98-0650-0000-0020-00 ($707.56) AND TO ELI 

SANCHEZ, ACCOUNT NO. 19-9800-0030-0120-00 ($582.86). 

B. EXTENSION GRANTED ON THE CONSTRUCTION OF 

IMPROVEMETS WITH AN APPROVED LETTER OF CREDIT FOR 

CACTUS COUNTRY ESTATES SUBDIVISION, LOCATED AT THE 

INTERSECTION OF GRIMES AVENUE AND THE COURT PLACE. 

APPLICANT: FERRIS AND FLYNN, LLC, C/0 JOHN FLYNN 

(PLANNING AND ZONING). 

C. RESOLUTION APPROVED REQUESTING THE MEMBERS OF THE 

82No LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT 

LEGISLATION THAT INCREASES FUNDING FOR THETEXAS 

RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT 

PROGRAM AND THE TEXAS PARK SYSTEM. (PARKS DEPARTMENT) 

D. ORDINANCE ADOPTED ON FINAL READING ABANDONING 

CERTAIN PUBLIC EASEMENTS ON AND AROUND THE BASS PRO 

SHOPS PROJECT SITE (CITY COMMISSION) 

Motion to approve consent agenda: Marra 

Second: Prepejchal 

Motion carried unanimously. 

2ND PUBLIC HEARING CONDUCTED AND ACTION TAKEN TO APPROVE 

ON SECOND READING THE AMENDED MINOR CURFEW ORDINANCE 

(HARLINGEN POLICE DEPARTMENT) 

Chief Castillo explained that there was one adjustment to the ordinance from the first 

reading. He explained. it was with regards to the penalty provision on Page 8 of the 

ordinance. 

Mayor Pro Tern Trevino declared the public hearing open. 

There being no comments from the public, Mayor Pro Tern Trevino declared the public 

hearing closed. 

The caption of the ordinance was read. 

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ESTABLISHING A CURFEW FOR MINORS UNDER THE AGE OF 

SEVENTEEN YEARS OF AGE TO PROHIBIT BEING IN ANY 

PUBLIC PLACE DURING CERTAIN NIGHT TIME HOURS; 

PROVIDING DEFINITIONS; PROVIDING DEFENSES; PROVIDING 

AN ENFORCEMENT PROCEDURE; EST A BUSHING CRIMINAL 

PENALTIES FOR A VIOLATION; PROVIDING A SEVERABILTY 

CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR 

PUBLICATION; AND ORDAINING OTHER MATTERS 

PERTAINING TO THE FOREGOING. 

Commissioner Leftwich made a motion to adopt the ordinance on final reading with the 

adjustment as noted by Chief Castillo. 

Commissioner Marra seconded the motion and it carried unanimously. 

PUBLIC HEARING HELD TO HEAR COMMENTS FOR OR AGAINST THE 

REZONING FROM 'NOT DESIGNATED (N)' ZONE TO 'GENERAL RETAIL 

(GR)' ZONE FOR A 2.54± ACRE TRACT OF LAND OUT OF BLOCK 54, DAVID 

AND STEPHENSON SUBDIVISION, LOCATED ON THE NORTH SIDE OF 

LOOP 499 WEST OF BRIGGS COLEMAN ROAD. APPLICANT: JOHN W. 

DRENNAN AND THE CITY OF HARLINGEN (PLANNING & ZONING) 

Joel Olivo, Planning Manager, explained that this property is located on the north side of 

Loop 499 and that most of the surrounding properties are vacant. The request is 

consistent with the City of Harlingen Vision 20/20 Comprehensive Plan. 

Mayor Pro Tern Trevino declared the public hearing open. 

Steve Gano, general counsel for the applicant, stated that the applicant is asking for 

approval of the zoning for the expansion of self-storage units (facility). They will also be 

asking for annexation in the following item. 

There being no further comments from the public Mayor Pro Tern Trevino closed the 

public hearing. 

ORDINANCE ADOPTED ON FIRST READING ON THE ABOVE REZONING 

AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE 

NO. 07-27) OF THE CITY OF HARLINGEN: REZONING FROM 'NOT 

DESIGNATED (N)' ZONE TO 'GENERAL RETAIL (GR)' ZONE FOR 2.54± 

ACRE TRACT OF LAND OUT OF BLOCK 54, DAVID AND STEPHENSON 

SUBDIVISION, LOCATED ON THE NORTH SIDE OF LOOP 499 WEST OF 

BRIGGS COLEMAN ROAD; PROVIDING FOR PUBLICATION AND 

ORDAINING OTHER MATTERS RELATED TO THE FOREGOING. 

Commissioner Leftwich made a motion to adopt the ordinance on first reading. 

Commissioner Prepejchal seconded the motion and it carried unanimously. 

PUBLIC HEARING HELD TO HEAR COMMENTS FOR OR AGAINST THE 

PROPOSED ANNEXATION AND THE INITIAL ZONING TO 'GENERAL 

RET AIL (GR)' FOR A 0.425± ACRE TRACT OF LANDOUT OF BLOCK 54, 

DAVID AND STEPHENSON SUBDIVISION, LOCATED ON THE NORTH SIDE 

OF LOOP 499 WEST OF BRIGGS COLEMAN ROAD. APPLICANT: JOHN W. 

DRENNAN (PLANNING AND ZONING) 

Joel Olivo explained that the subject tract of land is currently being processed as a 

resubdivision with the existing Lot I, Block I, ReplatofLots I, 2 and 4, Stone 

Subdivision Phase II and the request meets the requirements of the Texas Local 

Government Code, Section 43.028 "Authority of Municipalities to Annex Sparsely 

Occupied Area on Petition of Area Land Owners". Mr. Olivo indicated that the 

developer would be responsible for all improvements. 

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Mayor Pro Tern Trevino declared the public hearing open. 

There being no comments from the public Mayor Pro Tern Trevino declared the public 

hearing closed. 

ORDINANCE ADOPTED ON FIRST READING ON THE ABOVE 

AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY 

OF HARLINGEN THROUGH ANNEXATION AND ESTABLISHING THE 

INITIAL ZONING TO 'GENERAL RET AIL (GR)' ZONE CONSISTING OF 

THE FOLLOWING: A 0.425± ACRE TRACT OF LAND OUT OF BLOCK 54, 

DAVID AND STEPHENSON SUBDIVISION, LOCATED ON THE NORTH 

SIDE OF LOOP 499 WEST OF BRIGGS COLEMAN ROAD; PROVIDING 

FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO 

THE FOREGOING. 

Roxann Cotroneo stated that the City had already surpassed the 30-day petition review as 

required by the Texas Local Government Code. She asked Mr. Gano if the applicant was 

waiving that requirement. Mr. Gano replied yes. 

Commissioner Leftwich made a motion to adopt the ordinance on first reading. 

Commissioner Prepejchal seconded the motion and it carried unanimously. 

PUBLIC HEARING HELD TO HEAR COMMENTS FOR OR AGAINST THE 

REZONING FROM 'NOT DESIGNATED (N)' ZONE TO 'RESIDENTIAL, 

SINGLE FAMILY (R-1)' ZONE FOR A 29.6± ACRE TRACT OF LAND OUT OF 

BLOCK 95, HARLINGEN LAND AND WATER COMPANY SUBDIVISION, 

LOCATED ON THE NORTH SIDE OF RIO HONDO ROAD WEST OF 

MORGAN BOULEVARD. APPLICANT: HARLINGEN CISD/OSCAR TAPIA 

(PLANNING AND ZONING) 

Joel Olivo explained that the request is consistent with the land use plan. The applicant is 

requesting to rezone the subject property from 'not designated (N)' zone to 'residential, 

single family (R-1); zone to allow for a proposed middle school on the subject property. 

The request rezoning requires approval by the City Commission before the specific use 

permit can be processed. 

Mayor Pro Tern Trevino declared the public hearing open. 

Gail Moore, 709 Town Lane, asked if letters were required to be sent to affected property 

owners. Mr. Olivo replied that notices were sent to property owners within the 200 ft. 

radius as required by statute. There were only two people that attended the Planning and 

Zoning Commission and one phone call was received by the Planning staff regarding the 

rezoning. Mr. Olivo explained that the concerns that were expressed were addressed by 

the School District. 

Commissioner Ruiz asked about the drainage problems. Mr. Olivo replied that the plans 

have not been submitted yet because the zoning needs to have approval first. 

Jerry Moore expressed concerns over the access to emergency vehicles on a road that is 

pretty narrow (Rio Hondo Road). He indicated that traffic would be held if not addressed 

accordingly. 

Commissioner Marra pointed out that Rio Hondo Road has four lanes and the property 

will be designated as a school zone so this would increase safety on Rio Hondo Road. 

Yolanda Shoffeitt expressed concern over the notices that are sent out and felt that maybe 

if the notices are sent also in Spanish it might generate more responses. 

Gail Moore expressed concerns with the drainage in the area. She asked that the 

Commission not consider the rezoning unless the City is going to install underground 

tanks for drainage. 

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Oscar Tapia, representing the School District, explained that this is a rezoning request 

only. He still has to file a subdivision plat and he will be meeting with the Engineering 

Department. Right-of-way has to be dedicated. He stated that the School District also 

owns the adjacent property for future use and the property will have retention ponds. The 

School District will work with Harlingen Waterworks as well regarding the lift station 

that is on Rio Hondo Road and he stated that this property would be used for a new 

middle school. 

There being no further comments from the public Mayor Pro Tern Trevino declared the 

public hearing closed. 

ORDINANCE ADOPTED ON FIRST READING ON THE ABOVE REZONING 

AN ORDINANCE AMENDING THE ZONING ORDINANCE 

(ORDINANCE NO. 07-27) OF THE CITY OF HARLINGEN: 

REZONING FROM 'NOT DESIGNATED (N)' ZONE TO 

'RESIDENTIAL, SINGLE FAMILY (R-1) ZONE FOR 29.6± ACRE 

TRACT OF LAND OUT OF BLOCK 95, HARLINGEN LAND AND 

WATER COMPANY SUBDIVISION, LOCATED ON THE NORTH 

SIDE OF RIO HONDO ROAD WEST OF MORGAN BOULEVARD; 

PROVIDING FOR PUBLICATION AND ORDAINING OTHER 

MA TIERS RELATED TO THE FOREGOING. 

Commissioner Leftwich made a motion to adopt the ordinance on first reading. 

Commissioner Trevino seconded the motion and it carried unanimously. 

RESOLUTION APPROVED AUTHORIZING THE SOUTH TEXAS 

AGGREGATION PROJECT, INC. (STAP) TO NEGOTIATE AN EXTENSION 

TO THE CURRENT ELECTRIC SUPPLY AND NECESSARY RELATED 

SERVICES AGREEMENT WITH NEXT ERA FOR A FIXED PRICE PER KWH 

THAT IS LOWER THAN CONTRACT RATES FOR 2011-13, SAID EXTENSION 

TO CONTINUE UNTIL DECEMBER 31,2018. (ADMINISTRATION) 

Carlos Yerena, City Manager, explained that ST AP is asking the City to consider 

extending its current 'blend and extend' contract. If approved by the City Commission 

this action could result in additional savings for electricity per kilowatt-hour. This could 

generate a savings of about $300,000 per year. Currently, the contract expires in 2013 

and ST AP is asking that it be extended to continue until December 31, 2018. 

Mr. Y erena pointed out that other cities that have approved and passed resolutions are the 

Cities of Corpus Christi, Mission, Victoria, and McAllen. 

Commissioner Prepejchal asked if the kilowatt per hour would increase. Mr. Yerena 

explained that by extending the contract a fixed rate would be locked in. 

Rich Newman asked ifthe City were to build windmills would the City get back penny 

for penny for these types of savings and suggested that this provision be included in the 

contract. 

Commissioner Leftwich stated that would be a stand-alone contract for electric 

generating devices. The City currently is implementing a solar project which will 

generate revenue to the City but would not affect this contract that is being considered 

but indicated that such a provision could be included in the contract. 

Asked about a timeline, Mr. Y erena replied that STAP would not commit to a specific 

price until they have 75% commitment from other cities and right now they are at 70% 

but their goal could be reached by next week. It could be that they might have only 48 

hours to 'pull the trigger' and if need be a Special City Commission could be called. 

Commissioner Prepejchal made a motion to approve the resolution. Commissioner Marra 

seconded the motion and it carried unanimously. 

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ACTION TAKEN TO AUTHORIZE THE EMPLOYMENT OF A PART-TIME 

MUNICIPAL COURT CLERK 

Roel Gutierrez, Director of Finance, stated that currently the Municipal Court has one 

part-time court clerk for magistrate warnings and arraignments that are processed only in 

the morning hours. The employment of an additional part-time court clerk will allow the 

Court to process cases for the late afternoon magistrate warnings and arraignment 

proceedings. The part-time clerk will cost the City an additional $10,360 in salary and 

benefits and $750 in training for this fiscal year. 

Staff recommended approval. 

Mr. Gutierrez stated that the following item would amend the City's budget to 

accommodate this additional expense. 

Commissioner Prepejchal made a motion to authorize the employment of a part-time 

Municipal Court Clerk. Commissioner Marra seconded the motion and it carried 

unanimously. 

RESOLUTION APPROVED TO AMEND THE DEVELOPMENT 

CORPORATION OF HARLINGEN, INC. BUDGET FOR FISCAL YEAR 2010-11 

Roel Gutierrez stated that the amended budget was approved by the EDC on November 

29, 2010. The amended are for contractual contracts where the money was not spent and 

those funds need to be reprogrammed for FY 2011. The budget adjustments include the 

RACH ($198, 142); the 585-acre Industrial Park Certification ($55,000), Aloe 

Laboratories, Inc. ($40,000); Rental World ($75,000) and the Harlingen Industrial 

Foundation, Inc. ($50,000). 

The University Articulation and Career Center budget adjustment of$1,312,715 

represents a rollover from FY 2010 that was not fully spent. The Targeted Infrastructure 

budget adjustment of $433,878 represents a rollover from FY 2010 to complete the 

Tennessee/Treasure Hills Road and the Dixieland Railroad crossing extension projects. 

The Arroyo Grande Retail, LP budget adjustment of$103,768 represents an increase to 

the current FY 2011 budget for the anticipated incentive payments to the V-line drainage 

connection and for two retail establishments. 

Commissioner Prepejchal made a motion to approve the resolution amending the EDC 

budget. Commissioner Marra seconded the motion and it carried unanimously. 

ORDINANCE ADOPTED ON FIRST READING TO AMEND THE CITY'S 2010-

11 FISCAL YEAR BUDGET 

Roe! Gutierrez stated that this is the first amendment to the 20 I 0-11 budget and contains 

three types of amendments. The first are budget requests to fund a part time court clerk 

(as previously approved earlier in the meeting). The second are prior year encumbrances, 

which are purchase orders budgeted and encumbered in the prior year but remained 

outstanding as of September 30, 20 I 0. These are basically items and services ordered 

last year but were not received or completed until this year and are scheduled to be paid 

in the current year. These unused budgeted amounts dropped in the fund balance and 

need to. be carried over to the 20 I 0-11 budget. The third type is grants awarded to the 

City that were not originally budgeted for either revenues or expenditures. These 

adjustments will increase revenues by $658,587 and increase expenditures by $1,112,120. 

Staff recommended approval. 

The caption of the ordinance was read. 

AN ORDINANCE AMENDING THE REVENUE AND EXPENDITURE 

BUDGET FOR THE CITY OF HARLINGEN, TEXAS, FOR THE 

FISCAL YEAR OCTOBER I, 2010 THROUGH SEPTEMBER 30,2011. 

TOTAL BUDGET REVENUES WILL INCREASE TO $63,553,628 

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Valley International Airport Attorney, and outside legal counsel regarding a Federal 

Aviation Administration complaint filed by Sun Valley Aviation, Inc. against the City of 

Harlingen, Valley International Airport (City Attorney) 

CLOSED/EXECUTIVE SESSION PURSUANT TO CHAPTER 551, 

SUBCHAPTER D., V. T.CA. GOVERNMENT CODE (SECTION 551.071) TO 

DISCUSS CONTEMPLATED OR PENDING LITIGATION AND TO SEEK 

LEGAL ADVICE FROM THE CITY ATTORNEY, VALLEY INTERNATIONAL 

AIRPORT ATTORNEY, AND OUTSIDE LEGAL COUNSEL REGARDING A 

FEDERAL AVIATION ADMINISTRATION COMPLAINT FILED BY SUN 

VALLEY AVIATION, INC. AGAINST THE CITY OF HARLINGEN, VALLEY 

INTERNATIONAL AIRPORT (CITY ATTORNEY) 

The Closed/Executive Session convened at 6:54p.m. and concluded at 7:45 p.m. with no 

action taken in closed session. 

Present in Executive Session were: Mayor Pro Tern Trevino, Commissioners Ruiz, 

Leftwich, Marra, Prepejchal, Michael Browning, Gene McCullough, Bryan Wren, Carlos 

Yerena, Gabriel Gonzalez, Roxann Cotroneo, David Moran; Terry Chase; Sylvia 

Trevino. 

RESOLUTION APPROVING VALLEY INTERNATIONAL AIRPORT'S 

AMENDED CAPITAL BUDGET FOR FISCAL YEAR 2010-11 (CITY 

MANAGER/CITY ATTORNEY) 

Mayor Boswell stated that he would allow 2 minutes for those that wished to speak on 

this item. 

Jeff Kohlman approached the podium and asked what is the Airport's requested budget 

amendment based on? He asked is it the need for additional FBO services? He replied no. 

He asked is it the liability for Sun Valley Aviation's plan? He replied no. He asked is it 

the ban(?) capacity analysis that wasn't done to determine the need for additional apron? 

He replied no. The injustice discriminatory terms that Sun Valley Aviation's draft 

agreement? He replied No. 

Mr. Kohlman stated that in fact it was his understanding that at last week's meeting and 

possibly here today there was no one present from Sun Valley Aviation to represent their 

request for monies. The only discussion at last Wednesday's meeting was the possibility 

of losing FAA monies. That was the focus---FAA monies. Mr. Kohlman continued by 

stating that in 1996 when the Park's 16th complaint process was established, there have 

been about II 0 complaints filed with the FAA against airports. Over 75% of those were 

found in favor of the airports and those that weren't, the typical action ofthe FAA in 

conjunction with the Airport, was to implement a corrective action plan. Mr. Kohlman 

pointed out that only two airports lost FAA monies but that was at the airports' choice, 

not the FAA. The FAA does not go out and impose fines. They do no require repayment. 

of monies and they do not go out withholding future funding. Their goal is to work with 

the airport moving forward. Referring to attorney Moran's comments, Mr. Kohlman 

stated that the airport is not in violation of their grant assurances today. From his 

professional experience voting against this budget amendment associated with the apron 

would not put the airpOrt in violation tomorrow. The FAA does not use the term same or 

equal when talking about treatment. Mr. Kohlman stated that he has identified about 22 

points where it takes Sun Valley Aviation .... (timer rings). Thank you for your time. 

Debra Goetz, with Atlas Hall, representing Gulf Aviation, asked that the Commission 

think about exactly what they're doing and the timing with respect to how they're doing 

it. She stated that as Jeff Kohlman alluded to the Airport appears to be in compliance 

with the FAA as far as Sun Valley is concerned. However, there are many concerns about 

their compliance with respect to Gulf Aviation most of those were outlined in a letter and 

a draft FAA complaint, which was sent to the City Attorney and the Airport Attorney at 

the end of November. She stated that they are still waiting on a response from that. She 

added that today they found out that the Airport Attorney does not expect to get back to 

them until the end of this week. She stated that to act on the current amendment, which 

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AND TOTAL BUDGET EXPENDITURES WILL INCREASE TO 

$65,637,484 RESPECTJVEL Y; PROVIDING FOR PUBLICATION OF 

THE CAPTION OF THIS ORDINANCE AND ORDAINING OTHER 

MA TIERS RELATED TO THE FOREGOING. 

Commissioner Leftwich made a motion to adopt the ordinance on first reading. 

Commissioner Marra seconded the motion and it carried unanimously. 

RESOLUTION APPROVED TO AMEND THE HARLINGEN DOWNTOWN 

2010-11 FISCAL YEAR BUDGET 

(Note: Commissioner Marra signed an affidavit of conflict of interest and exited the 

meeting during this item discussion). 

Roe) Gutierrez explained that this budget amendment is to carry over prior year funds 

into the current year for various sign and storefront grants expenditures. These grants 

were started in fiscal year 2009-10 and will be completed and paid out in fiscal year 

20 I 0-11. This adjustment will increase expenditures by a net $26,520. 

Staff recommended approval of the budget amendments by resolution. 

Commissioner Leftwich made a motion to approve the resolution. Commissioner 

Prepejchal seconded the motion and it carried unanimously. 

BIDS ACCEPTED FOR THE RE-ROOFING ANDRE-CLADDING OF THE 

HARLINGEN RECYCLING CENTER BUILDING UNDER BID NO. 2011-04 

Dan Serna, Director of Public Works, stated that the project scope calls for the 

replacement of the corrugated metal roof and wall panels with new material. It also calls 

for the repair of any damaged or deteriorated sections of roof pulins and wall girts. The 

bid requests were broken down into a base bid, alternate bid, unit price per linear foot of 

purl in and wall girt replacement and unit price per square foot to wire brush and coat all 

of the rusted roofpurlins and wall girt. This was done in an effort tot stay within the 

allocated budget for the project. 

Mr. Serna recommended accepting the low base bid submitted by H20 Construction in 

the amount of$29,995.00 including the unit price bids of$20.00 per linear foot to replace 

damaged sections of all girts and roofpurlins and $3.00 per square foot of wire brush and 

coat all rusted all girts and roof purl ins. Staff also recommended accepting the alternate 

bid submitted by H20 in the amount of$11,995.00. The total combined cost for the 

project would be $41,990.00. The combined cost does not include the cost to replace, 

repair or cat the wall girts and roof purlins. 

Commissioner Leftwich made a motion to accept the low bid from H20 Construction as 

per staff recommendation. Commissioner Prepejchal seconded the motion and it carried 

unanimously. 

BOARD APPOINTMENTS 

Commissioner Leftwich appointed Ron Lozano to Harlingen Proud and Debby Ingram to 

Harlingen Proud also. 

Commissioner Prepejchal appointed Lori Davila to the Municipal Auditorium Advisory 

Board and Juan Garza to the Veterans Board. Commissioner Prepejchal also appointed 

Alex Trejo to the Veterans Advisory Board. 

Commissioner Leftwich made a motion to approve the appointments as made. 

Commissioner Prepejchal seconded the motion and it carried unanimously. 

Commissioner Leftwich made a motion to go into Closed/Executive Session pursuant to 

Chapter 551, Subchapter D., V. TC.A.Government Code (section 551.071) to discuss 

contemplated or pending litigation and to seek legal advice from the City Attorney, 

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arguably is going to put the Airport into further violation of the FAA before addressing 

the existing concerns. It puts the City and the Airport at further risk to the extent you 

have concerns about the current compliance of the FAA. Going further with this is the 

exact opposite of what we would expect the City to actually do if you are looking at the 

City's interest. Furthermore, she asked that the City address the existing violations now 

with Gulf Aviation--- 2 of the existing problems and then look into whether or not there 

are further things that could be done to enhance competition in the manner that the FAA 

allows, which is without any unfair discrimination against any of the parties involved. 

Ms. Goetz thanked that the Commission for its consideration. 

David Garza, with Gulf Aviation, thanked the Commission for listening to him and stated 

that it has been a long battle that he has been fighting. He recalled that four years ago he 

approached the Airport Board and asked for an extension to his contract after being here 

for 25 years and the Airport Board declined his request. When he asked why he was told 

that they had to go out for RFQs. We asked why? He stated that they had done 

everything they were told do and questioned why the RFQ process. Mr. Garza stated that 

the reply was that the FAA was requiring the Airport to go out for RFQs. Mr. Garza 

stated that the Airport did not ask Sun Valley to go out for RFQs. After we asked for 

reasoning they changed their mind and the Airport stated that they had talk to the FAA 

and then the negotiations started. The Airport said we want you to invest so we invested 

and we need more investment so we did more investment and this went on and on. Mr. 

Garza stated that when he finally satisfied the Airport's entire investment requirement, he 

then found out that the Airport started negotiations with another FBO. Mr. Garza was of 

the opinion that this was unfair to him. He commented that he was not aware that he was 

going to have to enter into competition. Mr. Garza commented that now the Airport is 

asking Gulf Aviation to compete in an unfair environment. Mr. Garza felt that he should 

have known ahead of time. He stated that the Airport is not following the minimum 

standards that require that any new investor put out their own aprons and their own 

parking lots. Mr. Garza commented that for the Airport not to follow those standards that 

protect our investments is a violation of his rights. Mr. Garza stated that he is turning to 

the Commission to enforce those regulations----otherwise his investments are in 

jeopardy. He stated that the Airport Board is refusing to honor their rules. 

Dr. Bonnie de Ia Rosa Villarreal, Chairwoman of the VIA, stated that she was 

representing the interest of the Airport and the entire community. The Airport 

administration and the board have been working diligently over the years to stay 

economically viable and the positive light of our City. The Board voted unanimously in 

favor of continuing negotiations with the second FBO. The first time this came about was 

in 2008. The economy, mainly aviation economics took a big hit. All major commercial 

airlines were suffering and general aviation may have suffered as well. Today is a 

different story with different numbers. We are upswing and now is the time to take 

advantage of it. The Airport wants to grow and outshine our neighboring cities. This can 

be done with competition, that's basic. The FAA realizes this as well. FAA has said that 

we cannot inhibit competition and we plan on complying with that notion. The FAA has 

also said that we must work iri good faith. Dr. Villarreal stated that the Airport Board 

plans to comply with that notion as well. The attorneys and staff have worked diligently 

to make sure we work accordingly. Dr. Villarreal stated that there are two global issues 

here and it has nothing to do with sides or anyone's private business or pocket book. One, 

our vendor such as Fed Ex, DHL overnight, some major airlines just to name a few, are 

very interested in the discussion of competition. Competitive fees will cascade into better 

service. Competition will create new services, which are not currently in place. With 

these new services we can get new vendors. In this regards both FBOs can flourish with 

hard work and great attention to their business. She commented that this is a "win, win" 

for our City. Secondly, the FAA realizes all of this (bell rings) (Mayor Boswell allowed 

her extended time). Dr. Villarreal stated that the Airport is in non-compliance now but we 

do not want to be in the future. She stated that the Airport does not want to go through an 

FAA lawsuit or the legal channels and in the end have a second FBO by force with 

extreme loss of funds in legal fees and, most importantly, complete community heart 

break. Dr. Villarreal felt that this issue would break the community more and more if it 

continues. A failure to act as the Airport Board has recommended may end in a "lose, 

lose" scenario for our great Airport and community. Dr. Villarreal stated that it is her 

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Regular Meeting 

12/15110 

extreme recommendation to bury this issue so that the Airport Board and staff can 

continue to work on all the other aspects of our great airport. 

Dr. Villarreal commented that her complete interest here and the interest of our Airport 

Board is solely on the betterment of your airport. 

Ron Lozano commented that that there is documentation that could very well jeopardize 

through non-compliance by this current Airport Board. The way they have dealt with Sun 

Valley Aviation. People that are in collusion through business partnerships with them 

have, in fact, utilized their insider roles to try to effectuate these favorable terms, 

whereas, in 1988 when his Dad appointed everyone, as is now the current fashion on the 

Airport Board, they initially did what is suggested here-----let them build their own. 

Regardless of what transpired the following year the Airport Board reversed course and 

forced the lease on Gulf. So there's that despair of treatment that Ms. De Ia Rosa' is 

familiar with. Mr. Lozano continued to state that it's been suggested, pie in the sky. That 

new services are going to be created but it's not a given. The given is the history that is 

there. The differential treatment, which the law does not want, neither does the FAA as a 

regulatory body. Therefore, the community will suffer if you (the Commission) abide and 

ratifY this decision for the apron. Gulfs is a common apron for everybody; Sun Valley's 

will be different. 

Mayor Pro Tern Trevino asked what are the wishes of the Commission? 

Commissioner Prepejchal made a motion to accept the amendment to the Airport budget 

with exclusions of the apron, which is the $75,000 that we had to put up for the grant and 

also the parking lot. 

Commissioner Ruiz seconded the motion and it carried by the following vote: 

Aye: Prepejchal, Ruiz, Leftwich 

Nay: Marra 

The motion carried 3 to I. 

Commissioner Leftwich made a motion to go into Closed/Executive Session pursuant to 

Chapter 551, Subchapter D., V. T.C.A. Government Code (Section 551.087) regarding 

commercial and financial information from business prospects with which the City seeks 

to have located, stay or expand in or near the territory of the City and with which the City 

is conducting economic development negotiations and/or to discuss or deliberate 

financial or other incentives to a business prospect known as Project Green. 

Commissioner Marra seconded the motion and it carried unanimously. 

CLOSED/EXECUTIVE SESSION PURSUANT TO CHAPTER 551, 

SUBCHAPTER D., V.T.CA. GOVERNMENT CODE (SECTION 551.087) 

REGARDING COMMERCIAL AND FINANCIAL INFORMATION FROM 

BUSINESS PROSPECTS WITH WHICH THE CITY SEEKS TO HAVE 

LOCATE, STAY OR EXPAND IN OR NEAR THE TERRITORY OF THE CITY 

AND WITH WHICH THE CITY IS CONDUCTING ECONOMIC 

DEVELOPMENT NEGOTIATIONS AND/OR TO DISCUSS OR DELIBERATE 

FINANCIAL OR OTHER INCENTIVES TO BUSINESS PROSPECTS KNOWN 

AS PROJECT GREEN (ADMINISTRATION) 

The Closed/Executive Session convened at 8:01p.m. and concluded at 8:25p.m. with no 

action taken in closed session. 

Present in Executive Session were Mayor Pro Tern Trevino, Commissioners Ruiz, 

Leftwich, Marra, Prepejchal, Carlos Yerena, Roxann Cotroneo, Gabriel Gonzalez, Rick 

Rodriguez, 

Commissioner Prepejchal made a motion to go into Closed/Executive Session pursuant to 

Chapter 55 I, Subchapter D., V. T. CA. Government Code (Section 551.074) personnel 

II 
Regular Meeting 

12/15/10 

matters to deliberate the evaluation, duties, and performance of the City Attorney from 

December l, 2009 through December l, 20 l 0. Commissioner Marra seconded the 

motion and it carried unanimously. 

CLOSED/EXECUTIVE SESSION PURSUANT TO CHAPTER 551, 

SUBCHAPTER D., V.T.C.A. GOVERNMENT CODE (SECTION 551.074) 

PERSONNEL MATTERS, TO DELIBERATE THE EVALUATION, DUTIES, 

AND PERFORMANCE OF THE CITY ATTORNEY FROM DECEMBER 1, 2009 

-DECEMBER 1, 2010. (LEGAL) 

The Executive Session convened at 8:25p.m. and concluded at 9:15p.m. with no action 

taken in closed session. 

Present in Executive Session were: Mayor Pro Tern Trevino, Commissioners Ruiz, 

Leftwich, Marra, Prepejchal and City Attorney, Roxann Cotroneo. Both Carlos Yerena 

and the Director of Human Resources, Efren Fernandez were called in later during the 

Executive Session. 

There being no further business the meeting adjourned at 9:15 p.m. 

Joey Trevino, Mayor Pro Tern 

Attest: 

Sylvia R. Trevino, City Secretary 

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