Floyd Felder Councilman, District 1 Lee Rivera Councilman, District 3 Gregory Falcon Councilman, District 4 Ken Barr Councilman, District 6

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1 STATE OF TEXAS COUNTY OF CALHOUN CITY OF PORT LAVACA On this the 13 th day of May, 2013, the City Council of the City of Port Lavaca, Texas, convened in regular session at 6:30 p.m. at the regular meeting place in Council Chambers at City Hall, 202 North Virginia Street, Port Lavaca, Texas, with the following members in attendance: Jack Whitlow Mayor Floyd Felder Councilman, District 1 Lee Rivera Councilman, District 3 Gregory Falcon Councilman, District 4 Ken Barr Councilman, District 6 And with the following absent: Raymond Perez Councilman, District 2, Mayor Pro-Tem Jim Ward Councilman, District 5 Constituting a quorum for the transaction of business, at which time the following business was transacted: CALL TO ORDER Mayor Whitlow called the meeting to order at 6:31 P.M. and presided. Councilman Felder gave the invocation. Mayor Whitlow led the pledge of allegiance to the American and Texas flags. Presentations by Mayor: o Proclamation: Motorcycle Safety and Awareness Month Mayor asked for Comments from the public and there were none. Page 1 of 9

2 CONSENT AGENDA: (A) MINUTES OF APRIL 08, 2013 REGULAR MEETING (B) MINUTES OF APRIL 22, 2013 WORKSHOP SESSION (C) CONSIDER ENGAGEMENT LETTER TO PROVIDE CITY OF PORT LAVACA AUDIT SERVICES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2013 (D) PAYMENT OF INVOICES EXCEEDING $1,500 Councilman Rivera requested item (D) be removed for further discussion. Councilman Barr made a motion to pass the following: THAT, in accordance with recommendation of staff, Council hereby approves all consent agenda items with the exception of item (D). Councilman Rivera advised item D could be voted on. Councilman Barr made a motion to pass the following: THAT, in accordance with recommendation of staff, Council hereby approves consent agenda items (D). Page 2 of 9

3 CONSIDER PROFESSIONAL SERVICES CONTRACT FOR AUDIT AND STUDY OF ELECTRIC UTILITY BILLING Finance Director Jones advised Council that the City is actively seeking ways to lower cost by way of various audit services that are available to cities. She said the City would like to contract with TriStem to review the electric bills for accuracy while ensuring that all Public Utility Commission (PUC) guidelines are being followed. She stated that TriStem only gets paid if Port Lavaca gets a refund; otherwise, there is no fee for the service provided. Councilman Rivera made a motion to pass the following: THAT, in accordance with recommendation of staff, Council hereby approves entering into a contract with TriStem, for professional services for audit and study of electric utility billing. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute all instruments necessary to effect such agreement. CONSIDER RESOLUTION NO. R TO RE-CERTIFY THE CITY OF PORT LAVACA S HOME PROGRAM Councilman Barr made a motion to pass the following: WHEREAS, the Texas Department of Housing and Community Affairs (TDHCA) has notified the public of a funding availability to benefit lower income residents of Texas communities through the Texas HOME Investment Partnerships Program Reservation System; and WHEREAS, the Texas HOME Program has identified significant housing needs in the City, particularly for the rehabilitation and reconstruction of owner occupied housing; and WHEREAS, the City wishes to assist our lower income homeowners while simultaneously enhancing the health, economic, and aesthetic quality of the community: Page 3 of 9

4 ONE, the City acknowledges and agrees to a request made to continue to participate in the Reservation System for HRA; TWO match, if applicable, will be provided in accordance to 10 TAC for households assisted through the Texas HOME HRA Reservation System Program. THREE, the City designates the City Manager, Bob Turner, as the person authorized to sign all forms related to the preparation of, and to execute any and all HOME agreements. FOUR, the City will use general funds up to the amount of $80,000 as a cash reserve to pay program costs before reimbursements are received from the State of Texas HOME Program. CONSIDER RESOLUTION NO. R TO AWARD ADMINISTRATION AND MANAGEMENT SERVICES FOR THE HOME PROGRAM Councilman Rivera made a motion to pass the following: WHEREAS, it is necessary and prudent to initiate the implementation process at the earliest possible date; WHEREAS, a significant amount of time can be saved by completing the procedures for hiring professional services for the HOME Investment Partnership Program at the earliest possible time; and WHEREAS, the Request for Proposal procedures for administrative and soft cost management services are valid for the HOME Investment Partnership Program contract term; Section 1. That GrantWorks, Inc. be awarded a contract to provide HOME Investment Partnership Program related administration services and soft cost project management services for the HOME HRA/OCC Grant; Page 4 of 9

5 CONSIDER FINANCIAL AND INVESTMENT REPORT FOR THE QUARTER ENDING MARCH 31, 2013 Finance Director Jones went over the Financial and Investment reports for the quarter ending March 31, 2013, a copy of which is in the office of the Finance Director. Councilman Barr made a motion to pass the following: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT LAVACA, TEXAS: THAT Council hereby approves the Financial and Investment reports for the quarter ending March 31, 2013, as presented, a copy of which is in the office of the Finance Director. Councilman Felder seconded said motion RECEIVE CITY MANAGER S REPORT 1. Special meeting scheduled for Wednesday, May 15, 2013 at 4:00 p.m. to canvass returns of the City s General Election held on Saturday, May 11, Memorial Services for Veteran s Day planned for Monday, May 27, 2013 at 9:30 a.m., at the new site proposed for the Veteran s Memorial at Bayfront Park. Mayor Whitlow thanked Councilman Greg Falcon for his contribution to the City. He also advised he was calling for an ad-hoc committee to head the Veteran s Memorial, consisting of City Manager Bob Turner, Councilman Lee Rivera and Greg Falcon. Page 5 of 9

6 ADJOURN Councilman Barr made a motion to adjourn the meeting Councilman Felder seconded said motion Meeting adjourned at 6:55 P.M. Mayor ATTEST: City Secretary Page 6 of 9

7 PUBLIC NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF PORT LAVACA, TEXAS, WILL HOLD A REGULAR MEETING MONDAY, APRIL 08, 2013 BEGINNING AT 6:30 P.M., AT THE REGULAR MEETING PLACE IN COUNCIL CHAMBERS AT CITY HALL, 202 NORTH VIRGINIA STREET, PORT LAVACA, TEXAS TO CONSIDER THE FOLLOWING ITEMS OF BUSINESS: THE FOLLOWING ITEM WILL BE ADDRESSED AT THIS OR ANY OTHER MEETING OF THE CITY COUNCIL UPON THE REQUEST OF THE MAYOR, ANY MEMBER(S) OF COUNCIL AND/OR THE CITY ATTORNEY: ANNOUNCEMENT BY THE MAYOR THAT COUNCIL WILL RETIRE INTO CLOSED SESSION FOR CONSULTATION WITH CITY ATTORNEY ON MATTERS IN WHICH THE DUTY OF THE ATTORNEY TO THE COUNCIL UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICTS WITH CHAPTER 551 OF TITLE 5, SECTION (2) OF THE TEXAS GOVERNMENT CODE. (All matters listed under the Consent Agenda item are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately.) CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE PRESENTATIONS BY THE MAYOR: o 2013 PEACE OFFICER OF THE YEAR AWARD CORPORAL ERIC SALLES COMMENTS FROM THE PUBLIC (Limited to 3 minutes per individual unless permission to speak longer is received in advance) AGENDA: (COUNCIL WILL CONSIDER/DISCUSS THE FOLLOWING ITEMS AND TAKE ANY ACTION DEEMED NECESSARY) 1. CONSENT AGENDA: (A) MINUTES OF MARCH 11, 2013 REGULAR MEETING (B) MINUTES OF MARCH 25, 2013 SPECIAL MEETING (C) CONSIDER LEASE AGREEMENT AT CITY HARBOR WITH CURTIS MILLER (D) PAYMENT OF INVOICES EXCEEDING $1,500 Page 7 of 9

8 2. CONSIDER SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF PORT LAVACA, TEXAS, EXTENDING THE HOURS FOR THE SALE OR OFFER FOR SALE OF ALCOHOL BEVERAGES DURING EXTENDED HOURS BY THE HOLDER OF A RETAIL DEALER S ON-PREMISES LATE HOURS LICENSE OR THE HOLDER OF A MIXED BEVERAGE LATE HOURS PERMIT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, OR FOR ANY VIOLATION OF ANY PROVISION OR REGULATION WHICH GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, WHICH SHALL BE PUNISHED BY PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING SEVERABILITY, REPEAL, PUBLICATION CLAUSES AND EFFECTIVE DATE 3. CONSIDER RESOLUTION NO. R E TO DESIGNATE POLLING PLACES; APPOINT ELECTION OFFICERS; DESIGNATE EARLY VOTING BALLOT BOARD; SPECIFY COMPENSATION RATE OF ELECTION OFFICERS; ROLE OF CITY SECRETARY AS ELECTION CLERK, SPECIFY EARLY VOTING HOURS AND DATES FOR THE UNIFORM DATE OF MAY 11, 2013 GENERAL OFFICERS ELECTION IN THE CITY OF PORT LAVACA 4. CONSIDER SENSUS FLEXNET ADVANCED METER INFRASTRUCTURE SYSTEM PROJECT 5. CONSIDER CITY S COMPREHENSIVE ANNUAL FINANCIAL REPORT 6. CONSIDER RECOMMENDATION OF PLANNING BOARD TO APPROVE REPLAT OF 1.99 ACRES ON REECE SUBDIVISION #2 7. DISCUSS ASSIGNMENT OF ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT 8. ANNOUNCEMENT BY MAYOR THAT COUNCIL WILL RETIRE INTO CLOSED SESSION: FOR DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATION IN ACCORDANCE WITH CHAPTER 551, TITLE 5, SECTION OF THE TEXAS GOVERNMENT CODE 9. RETURN TO OPEN SESSION AND TAKE ANY ACTION DEEMED NECESSARY WITH REGARD TO MATTERS DISCUSSED IN CLOSED SESSION ADJOURN Page 8 of 9

9 CERTIFICATION OF POSTING NOTICE THIS IS TO CERTIFY THAT THE ABOVE NOTICE OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PORT LAVACA, SCHEDULED FOR MONDAY, APRIL 08, 2013, BEGINNING AT 6:30 P.M., WAS POSTED AT CITY HALL, EASILY ACCESSIBLE TO THE PUBLIC, AS OF 9:00 A.M. THURSDAY, APRIL 04, MANDY GRANT, CITY SECRETARY BY: The Port Lavaca City Hall and Council Chambers are wheelchair accessible. Access to the building is available at the primary north entrance facing Mahan Street. Special parking spaces are located in the Mahan Street parking area. In compliance with the Americans with Disabilities Act, the City of Port Lavaca will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meetings. Please contact City Secretary Mandy Grant at (361) Ext. 230 for assistance. Page 9 of 9