Presentations by Mayor: o Employee Service Award(s): Terri McGrew 15 Years Police Department

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1 STATE OF TEXAS COUNTY OF CALHOUN CITY OF PORT LAVACA On this the 13 th day of February, 2012, 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 Raymond Perez Councilman, District 2, Mayor Pro-Tem Lee Rivera Councilman, District 3 Gregory Falcon Councilman, District 4 Jim Ward Councilman, District 5 Ken Barr Councilman, District 6 And with the following absent: 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 6:30 P.M. and presided. Council Member Felder gave the invocation. Mayor Whitlow led the pledge of allegiance to the American and Texas flags. On motion of Councilman Barr with second by Councilman Perez, Council unanimously certified that due notice of the meeting was given in accordance with Texas Open Meeting Laws. On motion of Councilman Ward with second by Councilman Perez, Council unanimously approved the minutes of the following Council meeting(s), as presented: o Regular Meeting January 09, 2012 Presentations by Mayor: o Employee Service Award(s): Terri McGrew 15 Years Police Department o Introduction of New City Employee(s): Richard Rendon Utility Department Mario Garza-Reyes Utility Department Clinton Wood Fire Department Page 1 of 24

2 Lorena Perez-Diaz Hired in June, 2010 as a Part Time Clerk in the Municipal Court and hired on a full-time basis on January 23, 2012 o Proclamation from State Representative Todd Hunter, District 32: Honoring Cherre Cain on her 65 th birthday Mayor asked for Comments from the public and there were none. RECEIVE PRESENTATION FROM THE TRAVIS MIDDLE SCHOOL STUDENTS GOING GREEN GROUP (G3) IN CONNECTION WITH A NEW RECYCLE PROGRAM Ms. Chris Scroggs, sponsor for the Travis Middle School Going Green Group (G3) presented a group of students interested in curbside recycling. The students made a PowerPoint presentation to the Council about disposing of another kind of waste such as aluminum, glass, paper and plastic. The following students participated in the presentation: Andrew Witte Emily Tschatula Tameron Cobos Kayla Mesa Justin Munsch J. J. Segura Shelby Ramirez Claire Reinhard Kriste Sanchez Annie Elliott Harden Henke Helan Xu Colt Massey John Cardena No action needed and none taken. RECEIVE PRESENTATION FROM THE CATALYST GROUP IN CONNECTION WITH THE RETAIL STUDY BEING DONE FOR PORT LAVACA This item was passed for another time. RECEIVE PRESENTATION FROM CHAMBER OF COMMERCE AND SIMROD PRODUCTION COMPANY IN CONNECTION WITH A PROPOSED FUTURE FISHING TOURNAMENT (SALTWATER REDFISH SERIES) Tina Crow, Executive Director of the Chamber of Commerce introduced Scott Simmons of Simrod Production Company. Mr. Simmons advised Council this is his 8 th year of hosting the Redfish Fishing Tournament in Port Lavaca. He said that this year he wanted permission to change the launch point from the Lighthouse Beach to The Sanctuary in Port O Connor, mainly due to the shallowness of our Bay and the direction of the prevailing winds. He said these have been unpredictable and have caused problems for boaters in the past. He advised that all advertisements will mention Port Lavaca and they have the potential of up to 100 boats and possibly 200 fishermen which would be of an economic benefit to Port Lavaca. No action needed and none taken. Page 2 of 24

3 CONSIDER REQUEST OF THE FIRST BAPTIST CHURCH FOR USE OF THE LIGHTHOUSE BEACH PAVILION ON EASTER SUNDAY, APRIL 08, 2012, FROM 6:00 A.M. TO 8:00 A.M. FOR AN EASTER SUNRISE SERVICE AND WAIVER OF ANY RELATED FEES Public Works Director Gurley advised Council that the First Baptist Church is requesting the use of the Lighthouse Beach Pavilion to hold an Easter Sunrise Service on April 08, 2012 from 6:00 a.m. to 8:00 a.m. He said the Church is requesting the City waive the one hundred dollars ($100.00) rental fee. He also advised staff recommends Council approve request. Councilman Barr made a motion to pass the following: THAT, in accordance with the recommendation of staff, Council hereby approves the request of the First Baptist Church to hold an Easter Sunrise Service on April 08, 2012 from 6:00 a.m. to 8:00 a.m. at the Lighthouse Beach Pavilion and hereby waives all applicable fees associated with the event. Councilman Falcon seconded said motion CONSIDER REQUEST OF THE CALHOUN COUNTY CULTURE AND CUISINE COMMITTEE TO HOLD A PARADE AND CELEBRATION IN DOWNTOWN PORT LAVACA ON SATURDAY, MARCH 17, 2012 FROM 11:00 A.M. TO 5:00 P.M., CLOSING OF STREET, AND WAIVER OF ANY RELATED FEES, WITH THE EXCEPTION OF AN ALCOHOL PERMIT, IF APPLICABLE Joe and Rose Ellen Pena were in attendance representing the Calhoun County Culture and Cuisine Committee. They said this would be an all-culture event in downtown Main Street, to include ethnic costumes and music, on Saturday, March 17, 2012 from 11:00 a.m. to 5:00 p.m. They requested the closing of Main Street from Virginia to Commerce, including the side streets, for the event and the waiver of any related fees. City Manager Turner advised that staff would contact TxDOT regarding the closing of any street. He also advised staff recommends Council approve request. Page 3 of 24

4 Councilman Rivera made a motion THAT, in accordance with recommendation of staff, Council hereby approves the request of the Calhoun County Culture and Cuisine Committee to hold a parade and celebration in downtown Main Street on Saturday, March 17, 2012 and authorizes the waiver of any fees related to this event. Councilman Falcon seconded said motion CONSIDER REQUEST OF THE CRUISERS MOTORCYCLE CLUB FOR USE OF THE LIGHTHOUSE BEACH PAVILION ON SATURDAY, MAY 12, 2012 FOR THEIR 7 TH ANNUAL CRUISE FEST AND WAIVER OF ANY RELATED FEES, WITH THE EXCEPTION OF AN ALCOHOL PERMIT, IF APPLICABLE Cruz Gonzales, Jr. was in attendance to represent the Cruisers Motorcycle Club. He advised Council that the Club would like to use the pavilion at Lighthouse Beach for their seventh annual Cruise Fest on May 12, He requested the closing of the entry booth to the Park and the waiver of any fees, with the exception of an alcohol permit, in connection with the event. Public Works Director Gurley advised staff recommends Council approve request. Councilman Rivera made a motion THAT, in accordance with the recommendation of staff, Council hereby approves the request of the Cruisers Motorcycle Club to hold their seventh annual Cruise Fest at the pavilion at Lighthouse Beach on May 12, 2012, the closing of the entry booth to the Park and the waiver of any fees, with the exception of an alcohol permit, in connection with the event. Councilman Falcon seconded said motion Page 4 of 24

5 FIRST READING OFAN ORDINANCE ENACTING FEES, RATES AND CHARGES FOR THE CITY OF PORT LAVACA, TEXAS; FOR ADMINISTRATION; ALARM SYSTEMS; AMUSEMENT AND ENTERTAINMENT; ANIMAL CONTROL; BUILDING REGULATIONS, PERMITTING, INSPECTIONS, LICENSING, CONTRACTORS; SUBDIVISIONS AND PLATS; ENVIRONMENT AND HEALTH; FIRE PREVENTION AND PROTECTION; HAZARDOUS MATERIALS INCIDENT MITIGATION; MANUFACTURED HOUSING; PEDDLERS, SOLICITORS, ITINERANT VENDORS AND GARAGE SALES; TELECOMMUNICATIONS; TRAFFIC AND VEHICLES FOR HIRE; WATERWAYS; BAUER COMMUNITY CENTER; WATER AND SEWER RATES; WATER AND SEWER TAPS; UTILITY CUSTOMER SERVICE; PARKS AND RECREATION; LIGHTHOUSE BEACH AND RV PARK; PROVIDING FOR A CUMULATIVE PROVISION, REPEALING CLAUSE, AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Whitlow read for the first reading: FIRST READING OFAN ORDINANCE ENACTING FEES, RATES AND CHARGES FOR THE CITY OF PORT LAVACA, TEXAS; FOR ADMINISTRATION; ALARM SYSTEMS; AMUSEMENT AND ENTERTAINMENT; ANIMAL CONTROL; BUILDING REGULATIONS, PERMITTING, INSPECTIONS, LICENSING, CONTRACTORS; SUBDIVISIONS AND PLATS; ENVIRONMENT AND HEALTH; FIRE PREVENTION AND PROTECTION; HAZARDOUS MATERIALS INCIDENT MITIGATION; MANUFACTURED HOUSING; PEDDLERS, SOLICITORS, ITINERANT VENDORS AND GARAGE SALES; TELECOMMUNICATIONS; TRAFFIC AND VEHICLES FOR HIRE; WATERWAYS; BAUER COMMUNITY CENTER; WATER AND SEWER RATES; WATER AND SEWER TAPS; UTILITY CUSTOMER SERVICE; PARKS AND RECREATION; LIGHTHOUSE BEACH AND RV PARK; PROVIDING FOR A CUMULATIVE PROVISION, REPEALING CLAUSE, AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Councilman Ward made a motion BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT LAVACA, THAT said ordinance is hereby approved on this it s first reading. Councilman Barr seconded said motion Page 5 of 24

6 CONSIDER CITY MANAGER S RECOMMENDATION OF A PAY INCREASE FOR THE TEMPORARY ASSOCIATE JUDGE FOR MUNICIPAL COURT City Manager Turner advised Council that he was recommending a monthly pay increase for the appointment of a Judge for the Municipal Court. He stated that the City has been paying one thousand dollars ($1,000.00) a month since Council members were in consensus to raise that amount to fifteen hundred dollars ($1,500.00) per month. Councilman Falcon made a motion THAT, in accordance with recommendation of staff, Council hereby approves that the temporary Associate Judge for Municipal Court, be paid the amount of fifteen hundred dollars ($1,500.00) per month, for services rendered. Councilman Perez seconded said motion CONSIDER RECOMMENDATION OF PORT COMMISSION FOR RENEWAL OF LEASE AT NAUTICAL LANDING MARINA BUILDING, SUITE A, TO THE COMMUNITY ACTION COMMITTEE OF VICTORIA Public Works Director Gurley advised Council that the Community Action Committee (CAC) of Victoria has been leasing the Nautical Landings Marina, Suite A. He said CAC is requesting to renew their lease for another year for the sum of two hundred dollars ($200.00) per month. He also advised Port Commission and staff recommends Council approve request. Councilman Felder made a motion to pass the following: THAT, in accordance with the recommendation of the Port Commission and staff, Council hereby approves renewal of lease at the Nautical Landings Marina, Suite A, to the Community Action Committee (CAC) of Victoria, for the period of one (1) year, for the sum of two hundred dollars ($200.00) per month. Page 6 of 24

7 BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute all instruments necessary to effect such agreement. Councilman Perez seconded said motion CONSIDER RECOMMENDATION OF PORT COMMISSION FOR A LEASE AT NAUTICAL LANDING MARINA BUILDING, SUITE 4, TO KENCH CONNALLY INSURANCE Public Works Director Gurley advised Council that Kench Connally Insurance would like to lease the Nautical Landings Marina, Suite 4, for the sum of four hundred fifty dollars ($450.00) per month. He said the lease would be for a period of three (3) years beginning on February 01, He also advised Port Commission and staff recommends Council approve request. Councilman Perez made a motion to pass the following: THAT, in accordance with the recommendation of the Port Commission and staff, Council hereby approves that Kench Connally Insurance lease the Nautical Landings Marina, Suite 4, for the sum of four hundred fifty dollars ($450.00) per month, for a period of three (3) years beginning on February 01, BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute all instruments necessary to effect such agreement. Councilman Barr seconded said motion Page 7 of 24

8 CONSIDER APPROVING A SECOND AMENDMENT TO THE WATER SUPPLY CONTRACT BETWEEN GUADALUPE-BLANCO RIVER AUTHORITY (GBRA) AND CITY OF PORT LAVACA Public Works Director Gurley advised Council that representatives for the Texas Commission on Environmental Quality (TCEQ) conducted a comprehensive compliance investigation of the City s water system. He said that based on that investigation, TCEQ determined that the maximum daily average purchase quantity of 2.0 million gallons per day (mgd) of treated water is not sufficient to meet the Purchaser s alternative capacity requirement (ACR) of 0.38 gallons per minute (gpm) per customer connection. He advised that in order to meet the City s ACR, staff has requested that the Water Supply Contract between the Guadalupe-Blanco River Authority (GBRA) and the City be amended to increase the City s maximum daily average purchase quantity from 2.0 mgd to 2.5 mgd. He also advised staff recommends Council approve request. Councilman Falcon made a motion THAT, in accordance with the recommendation of staff, Council hereby approves the Second Amendment to the Water Supply Contract between the Guadalupe-Blanco River Authority (GBRA) and the City of Port Lavaca. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute all instruments necessary to effect such contract. Councilman Ward seconded said motion CONSIDER AWARDING BID FOR THE COMPLETION OF THE MARIEMONT SUBDIVISION SEWER REHABILITATION Public Works Director Gurley advised Council staff has received a price from Insituform Technologies, Inc., through Buyboard, to finish the sewer rehabilitation project in the Mariemont Subdivision, by replacing 5,481 feet of pipe, for a sum of $478,502.80, which is within the budgeted funds in this fiscal year. He said once this project is complete, the Mariemont Subdivision will have the entire infrastructure replaced from street and drainage, to water and sewer lines. Staff recommends awarding the bid to Insituform, through Buyboard, in the sum of $478, Page 8 of 24

9 Councilman Perez made a motion to pass the following: THAT, in accordance with the recommendation of staff, Council hereby authorizes awarding the bid for the completion of the Mariemont Subdivision Sewer Rehabilitation Project to Insituform Technologies, Inc., through Buyboard, in the sum of $478, BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute all instruments necessary to effect the contract. Councilman Ward seconded said motion CONSIDER RATE INCREASE FROM ALLIED WASTE Public Works Director Gurley advised Council that in accordance with Section 10 of the Solid Waste Collection and Disposal Contract between Allied Waste Services of Texas/Republic Service of Corpus Christi (AW) and the City of Port Lavaca, AW submitted a comparative statement reflecting a 3.8% increase in the Base Residential Rate to become effective February 01, He said the rate in December 2010 was $14.95 and after applying the modified rate percentage, the new rate is $ He said the City can absorb the cost and residents will not have their bills increased. He also advised staff recommends Council approve request. Councilman Ward made a motion to pass the following: THAT, in accordance with the recommendation of staff, Council hereby authorizes Allied Waste Services of Texas/Republic Service of Corpus Christi (AW) a three point eight percent (3.8%) increase in the Base Rate, to become effective February 01, BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute all instruments necessary to effect the contract. Councilman Felder seconded said motion Page 9 of 24

10 CONSIDER THE CONTINUATION OF AN INTERLOCAL COOPERATION CONTRACT BETWEEN THE CALHOUN COUNTY INDEPENDENT SCHOOL DISTRICT (CCISD) AND THE CITY (PURCHASE IN BULK OF MATERIALS AND SUPPLIES) Finance Director Jones advised Council that the Calhoun County Independent School District (CCISD) and the City have had an Interlocal Cooperation Contract for a number of years. She said the advantage of the contract is that CCISD buys materials in bulk and allows the City to purchase them at the school s price. She also advised staff recommends Council approve request. Councilman Barr made a motion THAT, in accordance with recommendation of staff, Council hereby approves the continuation of an Interlocal Cooperation Contract between the Calhoun County Independent School District (CCISD) and the City, in connection to bulk purchasing materials. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute all instruments necessary to effect the contract. Councilman Falcon seconded said motion CONSIDER APPROVAL OF QUARTERLY FINANCIAL AND INVESTMENT REPORTS FOR QUARTER ENDING DECEMBER 2011 Finance Director Jones showed Council a Power Point presentation and went over the quarterly Financial and Investment reports for quarter ending December 2011, a copy of which is in the office of the Finance Director. She also advised staff recommends Council approve reports. Page 10 of 24

11 Councilman Perez made a motion to pass the following: THAT Council hereby approves the quarterly financial and investment reports for quarter ending December 2011, as presented. Councilman Ward seconded said motion CONSIDER APPROVAL OF SERVICE CONTRACT WITH MUNI SERVICES, LLC FOR HOTEL/MOTEL REVENUE ENHANCEMENT SERVICES Finance Director Jones advised Council that MuniServices, LLC provides Hotel/Motel revenue enhancement services by helping municipalities preserve, enhance and manage their revenue base. She said the fee will be fifteen hundred dollars ($1,500.00) per Hotel consulted and the City determines the number consulted in a year. She advised revenue should increase as a result of the consulting services provided to the Hotel Managers and there is money in the budget for three (3) hotels at this time. She also advised staff recommends Council approve request. Councilman Perez made a motion THAT, in accordance with recommendation of staff, Council hereby approves the service contract with MuniServices, LLC for Hotel/Motel Revenue Enhancement Services, for the sum of fifteen hundred dollars ($1,500.00) per Hotel consulted at the City s request. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute all instruments necessary to effect the contract. Councilman Felder seconded said motion Page 11 of 24

12 CONSIDER RESOLUTION NO. R DESIGNATING AN AREA IN THE CITY OF PORT LAVACA FOR COMMUNITY REVITALIZATION Councilman Felder made a motion to pass the following: WHEREAS, the City of Port Lavaca (the City ) has identified a need to designate certain areas in the City for community revitalization. WHEREAS, the City will benefit from designating certain areas of the City for development and supporting community transformation and new development efforts and activities in such defined areas that will preserve, strengthen and enhance the creation of new neighborhoods and will stabilize and improve property values: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT LAVACA, TEXAS, Section 1: That the recitals stated hereinabove are true and correct and are hereby adopted as the findings of the City Council of the City. Section 2: That the City hereby designates that certain area of the City described on Exhibit A for revitalization and new development (the Designated Area ). Section 3: That the City finds that it is in the public interest to encourage and support community transformation and development activity in the Designated Area so long as the activity: a. Preserves, promotes, and enhances the quality of life and values of surrounding properties and neighborhoods; and b. Any development within the Designated Area supports the goals and objectives of the City and meets all requirements of zoning, use and building restrictions set forth in all Ordinances of the City in effect and applicable to the Designated Area. Section 4: This resolution shall take effect immediately from and after its passage by the City Council of the City. Councilman Ward seconded said motion Felder, Perez, Rivera, Falcon, and Ward Barr Page 12 of 24

13 CONSIDER RESOLUTION NO. R SUPPORTING THE DEVELOPMENT OF TGO INDEPENDENCE VILLAGE AND APPOINTING TGO INDEPENDENCE VILLAGE, LP TO ACT ON ITS BEHALF IN APPLYING FOR TDHCA HOME FUNDS Councilman Rivera made a motion to pass the following: Whereas, TGO Independence Village, LP has proposed a development for affordable rental housing near NW Independence Drive approximately 300 feet west of N. Virginia Street, named TGO Independence Village in the City of Port Lavaca and the County of Calhoun; and Whereas, TGO Independence Village, LP intends to submit a joint application to the Texas Department of Housing and Community Affairs (TDHCA) for 2012 Housing Tax Credits and HOME Investment Partnership Program funds for TGO Independence Village; and Whereas, 50.9(b)(5), Texas Administrative Code, which gives Housing Tax Credit points for the commitment of development funding by the Unit of General Local Government, states that the TDHCA HOME Program funds will not qualify for points in this category unless a resolution is submitted with the application from the Governing Body of the Unit of General Local Government authorizing that the Applicant act on behalf of the Unit of General Local Government in applying for HOME Program funds from TDHCA for the particular application". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT LAVACA, TEXAS, The City of Port Lavaca supports the development of TGO Independence Village and appoints TGO Independence Village, LP to act on its behalf in applying for TDHCA HOME funds for TGO Independence Village. Councilman Ward seconded said motion Felder, Perez, Rivera, Falcon, and Ward Barr CONSIDER RESOLUTION NO. R E ESTABLISHING PROVISIONS FOR CONDUCT OF THE CITY OF PORT LAVACA GENERAL OFFICERS ELECTION TO BE HELD ON THE UNIFORM DATE OF MAY 12, 2012 AND AUTHORIZING MAYOR TO ISSUE ORDER OF ELECTION Councilman Ward made a motion to pass the following: Page 13 of 24

14 WHEREAS, in accordance with the City Charter of the City of Port Lavaca, the Texas Election Code and other applicable state and federal laws, the City Council of the City of Port Lavaca, Texas hereby finds that a special election should be held on Saturday, May 12, 2012, for the purpose of electing the following officers One Mayor, At-Large Position, for a term of 2 years; and One Council Member, Single District Two, for a term of 3 years; and One Council Member, Single District Six, for a term of 3 years; and WHEREAS, in addition to calling the general officers election, City Council finds it necessary and expedient to establish provisions for the conduct of such special election: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT LAVACA, SECTION 1. THAT an election shall be held on Saturday, May 12, 2012, which is a uniform election date, in the City of Port Lavaca, Texas, which date is not less than forty five (45) days from the date of the adoption of this resolution for the purpose of electing the following officers: One Mayor, At-Large Position, for a term of 2 years; and One Council Member, Single District Two, for a term of 3 years; and One Council Member, Single District Six, for a term of 3 years; and SECTION 2. THAT the Qualifications for Office, per City Charter, Article 4.02, are as follows: a) In addition to the requirements of state law, at the time of election to office, the Mayor and each member of Council shall be at least twenty one (21) years of age, shall be a United States citizen and qualified voter of the State of Texas, shall have resided in the City for not less than one (1) year immediately preceding the election filing deadline and, if elected from a district, shall have resided in the district from which elected for not less than six (6) months immediately preceding the election filing deadline. b) Candidates for office shall make a sworn application for a place on the ballot within the times prescribed by the Texas Election Code, and pay any filing fee established by ordinance. Applications shall designate the position sought and applications for council member shall include the district number, if applicable. It shall be the duty of the City Secretary to place the name of all qualified candidates making timely application on the official ballot. Legal proof of length of residency in the City and/or district must be presented to the City Secretary upon filing for office. SECTION 3. THAT, per City Charter, Article 4.03, the candidate receiving a majority of the votes cast for the office sought shall be elected to that office. In the event no candidate receives a majority of the votes cast at the regular election, then and in that event, a run-off election shall be held in accordance with Texas Election Law following procedures therein. Page 14 of 24

15 SECTION 4 THAT the Office of the City Secretary shall perform all duties necessary to conduct the general officers election. SECTION 5. THAT the City Secretary is expressly authorized to obtain election supplies and equipment required by law and necessary to conduct such election. SECTION 6. THAT such election shall be conducted by the City of Port Lavaca, with early voting and the election day voting to be at the following polling places designated for each City election district: DISTRICT NUMBER POLLING PLACE District One District Two District Three District Four District Five District Six City of Port Lavaca City Hall Main Lobby 202 N. Virginia Street City of Port Lavaca City Hall Main Lobby 202 N. Virginia Street City of Port Lavaca City Hall - Main Lobby 202 N. Virginia Street City of Port Lavaca City Hall - Main Lobby 202 N. Virginia Street City of Port Lavaca City Hall - Main Lobby 202 N. Virginia Street City of Port Lavaca City Hall -Main Lobby 202 N. Virginia Street SECTION 7. THAT Early Voting shall be conducted by the Office of the City Secretary in the City of Port Lavaca City Hall, Main Lobby, 202 N. Virginia Street, Port Lavaca, Texas with the proposed following schedule: Monday April 30 from 8:00 a.m. to 5:00 p.m. Tuesday May 1 from 7:00 a.m. to 7:00 p.m. Wednesday May 2 from 8:00 a.m. to 5:00 p.m. Thursday May 3 from 7:00 a.m. to 7:00 p.m. Friday May 4 from 8:00 a.m. to 5:00 p.m. Monday May 7 from 8:00 a.m. to 5:00 p.m. Tuesday May 8 from 8:00 a.m. to 5:00 p.m. Early voting by personal appearance shall be conducted during the regular business hours of the City Secretary s Office each week day from 8:00 a.m. until 5:00 p.m., except for the second and fourth days of the early voting period by personal appearance. On the second and fourth days of early voting by personal appearance, the City Secretary s regular business hours are hereby designated as 7:00 a.m. until 7:00 p.m. Page 15 of 24

16 SECTION 8. THAT, Notice of the election, including a Spanish translation thereof, shall be posted at City Hall and published in a local newspaper as provided by the Home Rule Charter of the City of Port Lavaca, the Texas Election Code and/or other state and federal law, and the Mayor, or his designee, is hereby authorized and directed to execute such Notice together with an Order calling such election. SECTION 9. THAT should any part, section, subsection, paragraph, sentence, clause or phrase contained in this resolution be held to be unconstitutional or of no force and effect, such holding shall not affect the validity of the remaining portion of this resolution, but in all respects said remaining portion shall be and remain in full force and effect. SECTION 10. THAT this resolution shall be effective immediately upon adoption. Councilman Felder seconded said motion CONSIDER APPROVAL OF LEASE AGREEMENT WITH CALHOUN COUNTY FOR THE USE OF ELECTRONIC VOTING EQUIPMENT IN THE CITY OF PORT LAVACA GENERAL OFFICERS ELECTION TO BE HELD ON THE UNIFORM DATE OF MAY 12, 2012 City Secretary Grant advised Council the lease proposal for the use of Calhoun County s Electronic Voting Equipment in connection with the May 12, 2012 City of Port Lavaca General Elections would be approximately $1, She also advised staff recommends Council approve request. Councilman Falcon made a motion to pass the following: THAT, in accordance with the recommendation of staff, Council hereby approves a lease agreement with Calhoun County Elections for the use of Electronic Voting Equipment in connection with the May 12, 2012 City of Port Lavaca General Elections, a copy of which is on file in the office of the City Secretary, and reference to which is here made for any and all purposes. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute all instruments necessary to effect such agreement. Page 16 of 24

17 Councilman Ward seconded said motion CONSENT AGENDA: (A) PAYMENT OF INVOICES EXCEEDING $1,500 Councilman Felder made a motion to pass the following: THAT, in accordance with the recommendation of staff, Council hereby authorizes payment of all invoices. Councilman Ward seconded said motion RECEIVE CERTIFICATION FROM CITY SECRETARY OF EXAMINATION OF SIGNATURES OF REGISTERED VOTERS OF THE CITY OF PORT LAVACA FROM THE PETITION PRESENTED BY THE PORT LAVACA CITIZENS AGAINST RED LIGHT CAMERAS City Secretary Grant advised Council she had certified the signatures belonging to registered voters of the City of Port Lavaca from the petition presented by the Port Lavaca Citizens Against Red light Cameras Committee, per the Home Rule Charter for the City of Port Lavaca, Section 5.03 for such purpose as follows: We, the undersigned, exercise our power of referendum per the Port Lavaca City Charter to require the reconsideration of the entire ordinance S-1-08 which appears in the City of Port Lavaca Code of Ordinances as Chapter 48 (traffic and vehicles) Article III (Automated Traffic Signal Enforcement) Sections through We direct the city council to repeal the offending ordinance or, if failing to do so, to place it before the electorate for approval or rejection in the next election according to the provisions of the Port Lavaca City Charter. Page 17 of 24

18 She said the Calhoun County Voter Registrar lists six thousand four hundred twenty-nine (6,429) registered voters within the City of Port Lavaca, Texas. Section 5.07 of the City s Charter, states that initiative and referendum petitions must be signed by qualified voters residing within the City and in this case, the number of signatures needed is two hundred (200). She stated that this petition held three hundred fifty-five (355) signatures; however, the number of signatures belonging to registered voters residing in the City of Port Lavaca and validated by her were two hundred sixty-nine (269). No action needed and none taken. ANNOUNCEMENT BY MAYOR THAT CITY 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 OF THE TEXAS GOVERNMENT CODE; AND FOR CONSULTATION WITH THE CITY ATTORNEY CONCERNING CONTEMPLATED OR PENDING LITIGATION IN ACCORDANCE WITH TITLE 5, SECTION OF THE TEXAS GOVERNMENT CODE: o (TEXAS TRAFFIC SAFETY COALITION); AND o (MARTIN ASPHALT, INC.) Mayor Whitlow announced that Council would retire into closed session at 8:50 p.m. RETURN TO OPEN SESSION AND TAKE ANY ACTION DEEMED NECESSARY WITH REGARD TO MATTERS DISCUSSED IN CLOSED SESSION Mayor Whitlow announced that Council was back in open session at 9:24 p.m. Councilman Felder made a motion to pass the following: THAT, Council hereby authorizes litigation to be filed against Martin Asphalt, Inc., as discussed in closed session. Councilman Ward seconded said motion Page 18 of 24

19 Councilman Felder made a motion to pass the following: THAT, in accordance with part of Section 5.11 of the City of Port Lavaca Home Rule Charter, Council hereby requests the City Attorney prepare a formal legal opinion in connection with the petition presented by the Port Lavaca Citizens Against Red Light Committee. Councilman Ward seconded said motion ADJOURN Councilman Felder made a motion to adjourn the meeting Councilman Falcon seconded said motion Meeting adjourned at 9:28 P.M. Mayor ATTEST: City Secretary Page 19 of 24

20 PUBLIC NOTICE PUBLIC NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF PORT LAVACA, TEXAS, WILL HOLD A REGULAR MEETING MONDAY, FEBRUARY 13, 2012 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 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 CERTIFICATION OF DUE NOTICE OF MEETING APPROVAL OF MINUTES: o REGULAR MEETING JANUARY 09, 2012 PRESENTATIONS BY THE MAYOR: o EMPLOYEE SERVICE AWARD(S) FOR DECEMBER CARLOS LOPEZ 30 YEARS TERRI MC GREW 15 YEARS o INTRODUCTION OF NEW CITY EMPLOYEE(S) COMMENTS FROM THE PUBLIC (Limited to 3 minutes per individual unless permission to speak longer is received in advance) Page 20 of 24

21 AGENDA: (COUNCIL WILL CONSIDER/DISCUSS THE FOLLOWING ITEMS AND TAKE ANY ACTION DEEMED NECESSARY) 1. RECEIVE PRESENTATION FROM THE TRAVIS MIDDLE SCHOOL STUDENTS GOING GREEN GROUP (G3) IN CONNECTION WITH A NEW RECYCLE PROGRAM 2. RECEIVE PRESENTATION FROM THE CATALYST GROUP IN CONNECTION WITH THE RETAIL STUDY BEING DONE FOR PORT LAVACA 3. RECEIVE PRESENTATION FROM CHAMBER OF COMMERCE AND SIMROD PRODUCTION COMPANY IN CONNECTION WITH A PROPOSED FUTURE FISHING TOURNAMENT (SALTWATER REDFISH SERIES) 4. CONSIDER REQUEST OF THE FIRST BAPTIST CHURCH FOR USE OF THE LIGHTHOUSE BEACH PAVILION ON EASTER SUNDAY, APRIL 08, 2012, FROM 6:00 A.M. TO 8:00 A.M. FOR AN EASTER SUNRISE SERVICE AND WAIVER OF ANY RELATED FEES 5. CONSIDER REQUEST OF THE CALHOUN COUNTY CULTURE AND CUISINE COMMITTEE TO HOLD A PARADE AND CELEBRATION IN DOWNTOWN PORT LAVACA ON SATURDAY, MARCH 17, 2012 FROM 11:00 A.M. TO 5:00 P.M., CLOSING OF STREET, AND WAIVER OF ANY RELATED FEES, WITH THE EXCEPTION OF AN ALCOHOL PERMIT, IF APPLICABLE 6. CONSIDER REQUEST OF THE CRUISERS MOTORCYCLE CLUB FOR USE OF THE LIGHTHOUSE BEACH PAVILION ON SATURDAY, MAY 12, 2012 FOR THEIR 7 TH ANNUAL CRUISE FEST AND WAIVER OF ANY RELATED FEES, WITH THE EXCEPTION OF AN ALCOHOL PERMIT, IF APPLICABLE 7. FIRST READING OFAN ORDINANCE ENACTING FEES, RATES AND CHARGES FOR THE CITY OF PORT LAVACA, TEXAS; FOR ADMINISTRATION; ALARM SYSTEMS; AMUSEMENT AND ENTERTAINMENT; ANIMAL CONTROL; BUILDING REGULATIONS, PERMITTING, INSPECTIONS, LICENSING, CONTRACTORS; SUBDIVISIONS AND PLATS; ENVIRONMENT AND HEALTH; FIRE PREVENTION AND PROTECTION; HAZARDOUS MATERIALS INCIDENT MITIGATION; MANUFACTURED HOUSING; PEDDLERS, SOLICITORS, INTINERANT VENDORS AND GARAGE SALES; TELECOMMUNICATIONS; TRAFFIC AND VEHICLES FOR HIRE; WATERWAYS; BAUER COMMUNITY CENTER; WATER AND SEWER RATES; WATER AND SEWER TAPS; UTILITY CUSTOMER SERVICE; PARKS AND RECREATION; LIGHTHOUSE BEACH AND RV PARK; PROVIDING FOR A CUMULATIVE PROVISION, REPEALING CLAUSE, AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Page 21 of 24

22 8. CONSIDER CITY MANAGER S RECOMMENDATION OF A PAY INCREASE FOR THE TEMPORARY ASSOCIATE JUDGE FOR MUNICIPAL COURT 9. CONSIDER RECOMMENDATION OF PORT COMMISSION FOR RENEWAL OF LEASE AT NAUTICAL LANDING MARINA BUILDING, SUITE A, TO THE COMMUNITY ACTION COMMITTEE OF VICTORIA 10. CONSIDER RECOMMENDATION OF PORT COMMISSION FOR A LEASE AT NAUTICAL LANDING MARINA BUILDING, SUITE 4, TO KENCH CONNALLY INSURANCE 11. CONSIDER APPROVING A SECOND AMENDMENT TO THE WATER SUPPLY CONTRACT BETWEEN GUADALUPE-BLANCO RIVER AUTHORITY (GBRA) AND CITY OF PORT LAVACA 12. CONSIDER AWARDING BID FOR THE COMPLETION OF THE MARIEMONT SUBDIVISION SEWER REHABILITATION 13. CONSIDER RATE INCREASE FROM ALLIED WASTE 14. CONSIDER THE CONTINUATION OF AN INTERLOCAL COOPERATION CONTRACT BETWEEN THE CALHOUN COUNTY INDEPENDENT SCHOOL DISTRICT (CCISD) AND THE CITY (PURCHASE IN BULK OF MATERIALS AND SUPPLIES) 15. CONSIDER APPROVAL OF QUARTERLY FINANCIAL AND INVESTMENT REPORTS FOR QUARTER ENDING DECEMBER CONSIDER APPROVAL OF SERVICE CONTRACT WITH MUNI SERVICES, LLC FOR HOTEL/MOTEL REVENUE ENHANCEMENT SERVICES 17. CONSIDER RESOLUTION NO. R DESIGNATING AN AREA IN THE CITY OF PORT LAVACA FOR COMMUNITY REVITALIZATION 18. CONSIDER RESOLUTION NO. R SUPPORTING THE DEVELOPMENT OF TGO INDEPENDENCE VILLAGE AND APPOINTING TGO INDEPENDENCE VILLAGE, LP TO ACT ON ITS BEHALF IN APPLYING FOR TDHCA HOME FUNDS 19. CONSIDER RESOLUTION NO. R E ESTABLISHING PROVISIONS FOR CONDUCT OF THE CITY OF PORT LAVACA GENERAL OFFICERS ELECTION TO BE HELD ON THE UNIFORM DATE OF MAY 12, 2012 AND AUTHORIZING MAYOR TO ISSUE ORDER OF ELECTION Page 22 of 24

23 20. CONSIDER APPROVAL OF LEASE AGREEMENT WITH CALHOUN COUNTY FOR THE USE OF ELECTRONIC VOTING EQUIPMENT IN THE CITY OF PORT LAVACA GENERAL OFFICERS ELECTION TO BE HELD ON THE UNIFORM DATE OF MAY 12, CONSENT AGENDA: (B) PAYMENT OF INVOICES EXCEEDING $1, RECEIVE CERTIFICATION FROM CITY SECRETARY OF EXAMINATION OF SIGNATURES OF REGISTERED VOTERS OF THE CITY OF PORT LAVACA FROM THE PETITION PRESENTED BY THE PORT LAVACA CITIZENS AGAINST RED LIGHT CAMERAS 23. ANNOUNCEMENT BY MAYOR THAT CITY 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 OF THE TEXAS GOVERNMENT CODE; AND FOR CONSULTATION WITH THE CITY ATTORNEY CONCERNING CONTEMPLATED OR PENDING LITIGATION IN ACCORDANCE WITH TITLE 5, SECTION OF THE TEXAS GOVERNMENT CODE: o (TEXAS TRAFFIC SAFETY COALITION); AND o (MARTIN ASPHALT, INC.) 24. RETURN TO OPEN SESSION AND TAKE ANY ACTION DEEMED NECESSARY WITH REGARD TO MATTERS DISCUSSED IN CLOSED SESSION ADJOURN Page 23 of 24

24 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, FEBRUARY 13, 2012, BEGINNING AT 6:30 P.M., WAS POSTED AT CITY HALL, EASILY ACCESSIBLE TO THE PUBLIC, AS OF 5:00 P.M. WEDNESDAY, FEBRUARY 08, 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 24 of 24