CITY OF PORT ARANSAS THURSDAY, FEBRUARY 16, 2012

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1 STATE OF TEXAS COUNTY OF NUECES REGULAR CITY COUNCIL MEETING CITY HALL 5:00 P.M. CITY OF PORT ARANSAS THURSDAY, FEBRUARY 16, 2012 The City Council of the City of Port Aransas met in regular session on February 16, 2012 at their regular meeting place, City Hall, 710 W. Avenue A, Port Aransas, TX with the following members present, to wit: Keith McMullin Mayor Keith Donley Council Member Place 1 John Price Council Member Place 2 Charles Bujan Council Member Place 3 - Glenda Balentine Council Member Place 4 Edwin Myers Council Member Place 5 Steven Lanoux Council Member Place 6 Robert Bradshaw, City Manager David Parsons, Deputy City Manager/Planning & Projects Manager Michael Morris, City Attorney - Esther Arzola, City Secretary Darla Honea, Finance Director 1. CALL TO ORDER: 2. PLEDGE AND PRAYER: 3. PROCLAMATION AND PRESENTATION: A. SEVERE WEATHER AWARENESS WEEK: Governor Rick Perry declared the week of February 19-25, 2012 as Severe Weather Awareness Week in Texas and requested the City proclaim it also. The Texas Division of Emergency Management and the National Weather Service have joined together in urging all citizens to prepare for severe weather events and to educate themselves on safety strategies. Mayor McMulllin read the proclamation and urged everyone in the community to learn more about and participate in severe weather preparedness activities. B. PRESENTATION BY TOM CULLINAN TO UPDATE ON THE COMPUTER CENTER: Tom Cullinan, President of the Computer Club brought Council up to date about what had been happening at the Computer Center. He said in 2011 there were 10,545 visitors, 18 new computers and monitors were purchased, a new server which allowed the computers to run unrestricted, updated with Windows 7, MS Office, MS Word, and Volunteer Computing System or Distributive Computing Project of which our computers are Page 1 of 10

2 participating in two of those projects climate protection project and medical projects. As a result of upgrading, they were able to salvage 5 good computers that were donated to people within the community. They have held game nights for children in the community, a Saturday kids day, with food and drinks at no cost. Their plans for 2012 were: add two document scanners to the system and purchase more computers and monitors, add a design center for graphic designers, and rewire the network to complete their update. It was brought to their attention the Center s WiFi system could also be accessed from the parking lot of the Center if the Center was closed. CITIZEN COMMENTS AND REPORTS: Noyes Livingston addressed Council about adding a BMX park to the City s property west of the present skate park. 4. FINANCIAL REPORT: A. JANUARY FINANCIAL REPORT: Darla Honea, Finance Director, explained the economic indicators as: the Hotel/Motel occupancy collections were up 14.9% for the month, and 24.97% for the first four months of the fiscal year; Sales Tax was up 9.82%, a little over 10% for the year; the Harbor quarterly rentals were up about 2% but daily rentals were down about 15%. MOTION: moved to approve the January Financial Report. Motion was seconded by and carried with the following vote: B. QUARTERLY INVESTMENT REPORT: Ms. Honea explained even though the report was not impressive, it did allow the City to borrow money at a really good rate. She explained TexPool s rate was.08% at the end of December and the CDs were ranging from.15%. The one remaining CD was earning 3.5% which would mature in April and probably would not be renewed at that rate. MOTION: moved to accept the quarterly investment report. Motion was seconded by and carried with the following vote: Page 2 of 10

3 5. CONSENT AGENDA: The following items are of routine or administrative nature or have been discussed previously at a public meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council member, in which event the item will immediately be withdrawn for individual consideration. The remaining items will be adopted by one vote. Items withdrawn for separate discussion will be acted upon individually. A. APPROVAL OF MINUTES: January 19, B. ELECTION RESOLUTIONS: The City Secretary s office submitted resolutions calling a City Officers and the Special Referendum Elections to be held May 12, 2012, a resolution establishing the elections procedures and the City equipment to better provide voters cost savings and promote better voter participation and will distribute (1) Letter of notification of appointment to Election Judge and Alternate Judge and (2) Letter requesting voter registration list from County Tax Office. requested the Election Resolutions (Item B) be pulled for discussion. Consent Motion: moved to approve the minutes on the Consent Agenda. Motion was seconded by and carried with the following vote: Discussion of the Proposition: Esther Arzola, City Secretary, explained the wording of the proposition to be: The present ordinance prohibits all commercial activity on the beach except food/beverage sales and beach/ocean related items. The proposed ordinance would eliminate food/beverage sales and beach/ocean related services. MOTION: moved to approve Item B on the Consent Agenda (Order of Election and Establishing Procedure for the General Special, and Charter Amendment Elections). Motion was seconded by and carried with the following vote: Page 3 of 10

4 RESOLUTION NO A RESOLUTION ORDERING THE ELECTION RESOLUTION NO A RESOLUTION ESTABLISHING PROCEDURE FOR THE GENERAL, SPECIAL, AND CHARTER AMENDMENT ELECTIONS IN PORT ARANSAS, TEXAS 6. REGULAR BUSINESS: stated that since Mr. McLiney needed to return to San Antonio, Agenda Items F and G were moved to the top of regular business: F. CONSIDERATION OF BIDS RELATING TO THE SALE OF OBLIGATIONS DESIGNATED AS CITY OF PORT ARANSAS, TEXAS GENERAL OBLIGATION BONDS, SERIES 2012 ; CONSIDERATION AND APPROVAL OF FINANCIAL ADVISOR S RECOMMENDATION CONCERNING THIS MATTER; AND OTHER MATTERS IN CONNECTION THEREWITH: Mark McLiney of Southwest Securities was present to present the 8 bids received through the internet Thursday, February 16, He said after reviewing the bids Morgan Keegan had the winning bid and was partnering with American Bank who was anxious to participate. He said this was the lowest interest rate on a long term bond he had ever had. He commented during the bond rating process a AA- bond rate was confirmed. He complimented staff with sharing the Sales Tax and Hotel/Motel fund balance with the rating agencies. Mr. McLiney pointed out the interest rate on each maturity date. He recommended to Council Morgan Keegan, the low bidder, especially since they were partnering with American Bank, a local bank. MOTION: moved to accept the Morgan Keegan bid. Motion was seconded by and carried with the following vote: Page 4 of 10

5 G. FIRST AND FINAL READING OF AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF PORT ARANSAS, TEXAS AUTHORIZING THE ISSUANCE OF CITY OF PORT ARANSAS, TEXAS GENERAL OBLIGATION BONDS, SERIES 2012, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; AND PROVIDING FOR AN EFFECTIVE DATE: Mark McLiney of Southwest Securities discussed the sale of bonds that were authorized by voters in the May 14, 2011 election. He stated in the bond ordinance, the City would pledge $6.4 million, would start paying interest February 1 st, the money would be here in mid March, and Southwest Securities would keep in touch with Darla to make sure the money got to the correct accounts. The City would receive $105,000 in addition to the $6.4 M since these bonds are issued at a premium. He explained the rest of the ordinance figures and opened it up for questions. MOTION: moved to approve the first and final reading of an ordinance by the City Council of the City of Port Aransas, Texas authorizing the issuance of City of Port Aransas, Texas General Obligation Bonds, Series 2012, Motion was seconded by and carried with the following vote: ORDINANCE NO AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF PORT ARANSAS, TEXAS AUTHORIZING THE ISSUANCE OF CITY OF PORT ARANSAS, TEXAS GENERAL OBLIGATION BONDS, SERIES 2012, LEVYING AN ANNUAL AD VALOREM Page 5 of 10

6 TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; AND PROVIDING FOR AN EFFECTIVE DATE A. SECOND READING OF AN ORDINANCE AMENDING THE RESIDENCY REQUIREMENTS OF THE AIRPORT ADVISORY BOARD: At the January 19, 2012 Council meeting, Council passed the first reading concerning membership on the airport board. The City Attorney composed an alternative draft which differed from the January 19 th draft by deleting (1) the PACO Section requirement that members own real property, (2) transition language (1992, 1993), and (3) specifying alternate member appointment year and qualifications. He stated in his letter that courts have clearly determined that governmental offices can never be limited to real property owners. Exceptions to this rule were limited to special purpose governmental entities or bodies whose impact was limited to real property interests, such as the P&Z and BOA. For those reasons, the alternate ordinance eliminated ownership of real property as a condition for airport board membership. MOTION: moved to approve the second reading of an ordinance amending the residency requirements of the Airport Advisory Board. Motion was seconded by and carried with the following vote: No ORDINANCE NO AN ORDINANCE ESTABLISHING RESIDENCY AND OTHER REQUIREMENTS FOR AIRPORT BOARD MEMBERSHIP B. FIRST READING OF AN ORDINANCE AMENDING THE EXISTING SKATE PARK RULES: The ordinance established the following rules by Page 6 of 10

7 amending Section Port Aransas Code of Ordinances by adding the following rules in addition to the Community Park general rules: 1. Only skateboards, in-line skates, and rollerskates are allowed, all other uses are prohibited. 2. Proper safety equipment is recommended at all times. 3. Skating is allowed in authorized areas only. 4. No alcohol, tobacco products, or illegal substances are allowed. 5. No tagging, graffiti, or placement of stickers is allowed. 6. The City of Port Aransas reserves the right to revoke use privileges from those who violate any park rules. 7. No outside obstacles are allowed in the skatepark. 8. No glass containers are allowed. 9. Trash must be properly disposed of. 10. All other park rules and ordinances apply. wanted to clarify his motion in the January Council meeting minutes to be, to adopt the ordinance as published tonight. MOTION: moved to approve the first reading of an ordinance amending Section of the Port Aransas Code of Ordinances. Motion was seconded by and carried with the following vote: ORDINANCE NO AN ORDINANCE ESTABLISHING SKATE PARK RULES C. A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR STATE BEACH MAINTENANCE FUNDS AND IMPLEMENT THE PROGRAM: This is an annual program the City applies for from the Texas General Land Office to aid in the cost of beach maintenance. A copy of the application was attached. MOTION: moved to authorize the City Manager to apply for State Beach Maintenance Funds and administer the program. Motion was seconded by and carried with the following vote: Page 7 of 10

8 RESOLUTION NO A RESOLUTION BY THE CITY COUNCIL OF PORT ARANSAS, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR STATE BEACH MAINTENANCE FUNDS AND ACT FOR THE CITY IN THIS PROGRAM INCLUDING ESTABLISHING RENTAL CHARGES FOR THE PROVISION OF EQUIPMENT AND LABOR D. A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE THE PURCHASE OF A REPLACEMENT FIRE TRUCK FOR THE VOLUNTEER FIRE DEPARTMENT: The Fire Department currently has two light brush trucks with 300 gallon tanks. The third brush truck (Brush Truck III) was acquired in Brush Truck III was destroyed during a fire call in October 2011 after the engine failed. In order to effectively fight a brush fire, the Volunteer Fire Department needs three brush trucks, two with smaller tanks and one with a larger, 600 gallon tank. Because it was a non-budgeted item, to be approved by Council, a budget amendment was required. MOTION: moved to approve the resolution and budget amendment authorizing the City Manager to approve the purchase for a replacement fire truck for the Volunteer Fire Department not to exceed $20,000. Motion was seconded by and carried with the following vote: Page 8 of 10

9 RESOLUTION NO A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE THE PURCHASE OF A REPLACEMENT FIRE TRUCK FOR THE VOLUNTEER FIRE DEPARTMENT E. A RESOLUTION AUTHORIZING THE CITY MANAGER TO RE- NEGOTIATE THE CONTRACT WITH ALLIED WASTE REGARDING THE ANNUAL CPI INCREASE AND CONTRACT PERIOD: Robert Bradshaw, City Manager, informed Council the City was in a five year contract with Allied Waste which would expire December Allied Waste was proposing to waive the CPI inflator for residential until March If the City agreed to that, the City would also step up the extended existing agreement for three years (2012 through 2015). Representatives from Allied Waste were present to answer any questions Council had. Mr. Bradshaw recommended approval. MOTION: moved to approve the resolution authorizing the City Manager to re-negotiate the contract with Allied Waste regarding the annual CPI increase and contract period. Motion was seconded by and carried with the following vote: No RESOLUTION NO A RESOLUTION AUTHORIZING THE CITY MANAGER TO RE-NEGOTIATE THE CONTRACT WITH ALLIED WASTE REGARDING THE ANNUAL CPI INCREASE AND CONTRACT PERIOD H. DISCUSS RECYCLING ON THE BEACH: Councilman Steven Lanoux requested this item be on the agenda. He said other beaches had separate containers on the beach for trash and recycle goods and thought it might be something Port Aransas would be interested in. suggested staff could pursue different options for Council review. MOTION: moved to direct staff to pursue the different options for Council review. Motion was seconded by and carried with the following vote: Page 9 of 10

10 No 7. CITY COUNCIL COMMENTS AND ITEMS FOR FUTURE CONSIDERATION: wanted the BMX bike park be placed on the next regular meeting agenda. stated he would be representing the City in Washington, D.C. on their regular lobbying trip February with meetings scheduled with Senator Hutchinson, Senator Cornyn, and Representative Farenthold to obtain additional funds for TxDOT for SH361 improvements, funds for economic development channels to help the City with the airport, also additional funds for the Nature Preserve. He stated would be attending the TML meeting in Edna. 8. ADJOURNMENT: Upon a motion duly made and seconded, the meeting was adjourned at 5:50 p.m. ATTEST: Esther Arzola, City Secretary Keith McMullin, Mayor Page 10 of 10

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