CITY OF ROCKPORT AGENDA CITY COUNCIL REGULAR

Transcription

CITY OF ROCKPORT
AGENDA
CITY COUNCIL REGULAR MEETING
6:30 p.m., Tuesday, March 22, 2011
Rockport City Hall, 622 East Market Street
NOTICE is hereby given that the Rockport City Council will hold a Regular Meeting on Tuesday,
March 22, 2011 at 6:30 p.m. at the Rockport City Hall, 622 E. Market, Rockport, Texas. The
following subjects will be discussed to wit:
I.
CALL TO ORDER
II.
PLEDGE OF ALLEGIANCE
III.
PROCLAMATION – Sexual Assault Awareness Month – April 2011
IV.
CITIZENS TO BE HEARD - “At this time, comments will be taken from the audience on any
subject matter that is not on the agenda. To address the Council, please sign the Speaker’s Card
located on the table outside the Council Chamber and deliver to the City Secretary before the
meeting begins. In accordance with the Open Meetings Act, Council may not discuss or take action
on any item which has not been posted on the agenda.”
V.
CONSENT AGENDA - “All consent agenda items listed are considered to be routine by the City
Council and will be enacted by one motion. There will be no separate discussion of these items unless
a Council Member so requests, in which event the item will be removed from the Consent Agenda and
considered in its normal sequence on the agenda”.
A. Deliberate and take action to approve the Tuesday, March 8, 2011 City Council Regular
Meeting Minutes as presented.
B. Deliberate and take action to approve the Tuesday, March 8, 2011 City Council Special
Workshop Meeting Minutes as presented.
C. Deliberate and take action on request from Rockport Heritage District Association Secretary
Marsha Reid to hold a hold a sidewalk sale on the following dates: 2011 - March 26, April
30, May 7, May 28, June 18, July 30, August 27, September 24, October 29, November 26,
December 17; and in 2012 - January 28.
D. Deliberate and take action on request from AIM Hospice for their Second Annual
Remembrance Run – 5K Run and 2-Mile Walk as a community awareness and health-related
event on Saturday, November 5, 2011:
1) Race Route begins and ends at Rockport Beach Park; 5K runners exit Park on
City of Rockport, Texas
March 22, 2011 Rockport City Council Agenda
Page 1 of 5 Pages
Seabreeze Drive, continue to Concho , turn east into North-bound lane of Austin
St., turn-around at intersection with North St. and return to Beach Park; and
2) Street Closures from 7:00 to 9:00 am – Intersections of Laurel Street and
Seabreeze, Chamber Drive at Seabreeze & Veteran’s Memorial Drive, Concho
St. and Navigation Circle; Conch St. at Broadway and North-bound Austin St.;
Peter St. and North-bound Austin St.; North St. and North-bound Austin St.
VI.
ITEMS FOR CONSIDERATION
A. Presentation by a Representative of the Rockport-Fulton Chamber of Commerce Board of
monthly “Dreaming Big” activity report.
B. Presentation, general discussion and acceptance of the Comprehensive Annual Financial
Statement for FY 2009-2010 by City Auditor Michael Arnold, CPA, in accordance with
Government Auditing Standards.
C. Deliberate and take action to accept donation of two benches to be located on Austin Street
from Key Allegro Garden Club and Sisters Bobbi Wagoner and Michell McMahon.
D. Deliberate and take action to accept Certification of Unopposed Candidate by the City
Secretary for the May 14, 2011 General Election.
Deliberar y tomar medidas para aceptar la Certificación de Candidatos Únicos, preparada por la
Secretaria Municipal para las Elecciones Municipales Generales del 11 de mayo de 2011.
.
E. Deliberate and take action to approve the Friends of the Fulton Mansion State Historical
Park’s FY 2010-2011 1ST Quarter Hotel Occupancy Tax Report and authorize disbursement
of 2nd Quarter Funds in the amount of $2,500.00.
F. PASSED 3/8/2011: Deliberate and take action on request from Regina Kenney to waive
fees and charges in the amount of $203.70 for an Open Records Request.
G. Deliberate and take action on proposed Interlocal Assistance Agreement with Coastal Bend
Council of Governments for establishment and participation in the Regional Environmental
Enforcement Task Force.
H. Deliberate and take action on report from Aransas County Council on Aging for marketing
expenditures made for Bountiful Bowl Pottery Fair/Rockport Clay Expo held February 5,
2011 and authorize disbursement of funds in the amount of $1,500.00 from the Hotel
Occupancy Tax Fund for the event pursuant to contract agreement.
I. Deliberate and take action on Resolution No. 2011-02, A Resolution of the City of Rockport
Establishing the Keeler Collection Acceptance Committee (KCAC) Dedicated to the Planned
Acquisition of Public Art and Specifically the Cora Keeler Artwork and Sculpture
Collection; Set Committee Composition, Appointment, Term of Office, Compensation,
Organization, Conduct of Meetings, Purpose, Functions and Responsibilities; and Finding
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and Declaring That the Meeting at Which This Resolution is Adopted was Open to the
Public, That the Public Notice of Time, Place, and the Subject Matter of the Public Business
to be Considered was Posted as Required by Law, Including This Resolution.
J. TABLED 2/8/2011: Deliberate and take action on the 2011 Interlocal Agreement between
the City of Rockport and the County of Aransas for Animal Control Services for a period
beginning on January 1, 2011 and ending on December 31, 2011.
K. Deliberate and take action on Interlocal Cooperation Contract between the University of
Texas at Austin – Marine Science Institute, Mission-Aransas NERR and the City of
Rockport for architectural services, purchase, installation and construction of shade
structures in the outdoor courtyard at the Bay Education Center for a cost not to exceed
$23,000.00 and authorize City Manager Thomas J. Blazek to sign said Contract.
L. Deliberate and take action on Job No. 1560.A9.07 – New Emergency Generator Rockport
WWTP Change Order No. 1 for an additional Motor Control Center section to serve the
Aeration Basin 2010 Modifications, and allow that project to be constructed without
additional power outages and to provide a larger concrete pad for a total of $9,942.00.
M. Deliberate and take action on awarding bid for Job No. 1560.B0-05 – Aeration Basin 2010
Modifications to Palacios Marine & Industrial Coatings, Inc. (PMI) in the amount of
$276,880.00 or reject all bids.
N. Deliberate and take action to award bid for Job No. 1560.B0.11 - Lady Claire Drainage
Improvements to J.J. Fox Construction for base bid amount of $454,011.00.
O. Deliberate and take action on second reading of Ordinance No. 1534, An Ordinance
Amending Rockport Zoning Ordinance No. 1027, Article 22, Paragraph 22.2 Fence
Regulations, Sub-Paragraphs 22.2.1 Through 22.2.5 by Removing the Requirement of a
Special Permit for Fence Heights; Repealing all Ordinances in Conflict Therewith; Providing
for Severability; and Providing an Effective Date.
P. Deliberate and take action to on first reading of Ordinance No. 1535, An Ordinance
Amending the City Of Rockport Code of Ordinances Chapter 98 “Traffic and Vehicles”,
Article II. “Traffic Control” by Amending Section 98-29 “Riding Bicycles on Sidewalks”;
Repealing all Prior Ordinances in Conflict Herewith; Providing for Severability; and
Providing for an Effective Date.
Q. Deliberate and take action on second reading of Ordinance No. 1536, An Ordinance
Amending the City of Rockport Code of Ordinances Chapter 70 “Parks and Recreation”,
Article I. “In General” Section 70-5 “Operation of Motor Vehicles; Vehicular Access to The
Beach; Speed Limit”; Section 70-15 “Possession of Alcoholic Beverages; Sale of Alcohol;
Consumption of Alcohol”; and Section 70-18 “Vehicles Parking Permit at Rockport Beach
Park Required, Exemptions, Fee”; Repealing all Prior Ordinances in Conflict Herewith;
Providing for Severability; and Providing for an Effective Date.
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R. Deliberate and take action on request from the Friends of the Pool to continue the one-hour
Low Impact Water Aerobic Class conducted at the Community Aquatic Park through May
27, 2011.
S. Deliberate and take action on request from the Odyssey After School Enrichment Program
for non-exclusive use of the Community Aquatic Park for the purpose of conducting a Junior
Lifeguard Course and a General Swim Instruction and Practice Course.
T. Deliberate and take action on recommendation from the Swimming Pool Operations
Advisory Committee of an Off-Season reduced Student Pool Admission Fee of $2.00 valid
through May 27, 2011 for ages 17 years and younger.
VII.
REPORTS FROM COUNCIL & STAFF - “At this time, the City Council will report/update
on all committee assignments which may include the following: County Storm Water Committee;
Community Park Committee, Park & Leisure Advisory Board, Chamber of Commerce, Coastal Bend
Council of Governments, Coastal Bend Bays & Estuaries, Texas Maritime Museum, Fulton Mansion,
Rockport Center for the Arts, Rockport Tropical Christmas, and Texas Municipal League. Staff
reports include the following: Building & Development – Bi-Weekly Code Enforcement, Proposed
Development Report; Accounting & Finance – Update on Liens Collection, Financial & Investment
Information, Monthly Financial Reports; Police Department – Grant Update, Quarterly Police
Reports; Public Works- Building Maintenance, Construction Updates; Utilities – Construction
Updates; Park & Leisure Services - Whooping Crane Strut, grant(s) update, miscellaneous park
projects; Administration - Interlocal Agreements, Public Information, Hotel Occupancy Report. No
formal action can be taken on these items at this time.”
VIII.
CLOSED SESSION- The City Council will now hold a Closed Session pursuant to the
provisions of Chapter 551 Texas Government Code, in accordance with the authority
contained in:
SECTION 551.071, (1)(c)CONSULTATIONS WITH ATTORNEY - A governmental body
may consult with its attorney to seek his or her advice on legal matters: on a matter in which
the duty of the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this Chapter.
IX.
OPEN SESSION – The City Council will now reconvene into Open Session pursuant to the
provisions of Chapter 551 Texas Government Code.
X.
ADJOURNMENT
NOTICE
This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive
services must be made 48 hours prior to this meeting. Please contact the City Secretary’s office at 361/729-2213 ext. 138 or FAX
361/790-5966 or E-Mail [email protected] for further information. Braille Is Not Available. The City of Rockport
reserves the right to convene into Closed Session under Government Code 551.071-551.074 and 551-086.
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CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board at City Hall, 622
E. Market Street, Rockport, Texas on Friday, March 18, 2011 at 5:00 p.m. and on the City’s
webpage at www.cityofrockport.com. I further certify that the following News Media were properly
notified of this meeting as stated above: The Rockport Pilot, Coastal Bend Herald, and Corpus
Christi Caller Times.
Irma Parker, City Secretary
I certify that the attached notice and agenda of items to be considered by the City Council
was removed by me from the bulletin board at City on the
day of
2011.
Title:
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PROCLAMATION
WHEREAS, the effects of sexual assault go far beyond the physical; and because in addition to
the physical wounds, victims often develop a number of psychological
conditions, such as post traumatic stress disorder and depression; and because
these effects spread to families, friends, and Texas communities, spurring fear,
anger and a sense of vulnerability; and
WHEREAS, few survivors of sexual violence seek help immediately after victimization due to
shame or the fear of not being believed; and because in order to end sexual
assault, we must alleviate these fears by beginning to believe; and because as
members of a caring society, members of communities across the state of Texas
must unite to remove the stigma of rape; and because Texans must continue to
dialogue, started by the Women’s Shelter of South Texas, in their places of work,
schools and homes; and
WHEREAS, each year, the month of April provides an opportunity for the Women’s Shelter of
South Texas to renew their commitment to serve their communities; and because
for this period, educational efforts intensify, ensuring that citizens throughout the
Coastal Bend are aware of the sexual assault services available in our area.
NOW, THEREFORE, I, Charles J. Wax, Mayor of the City of Rockport, do hereby proclaim
the month of April 2011 as
“SEXUAL ASSAULT AWARENESS MONTH”
In Rockport, Texas, and urge all citizens to increase their awareness and work to prevent sexual
assault in communities across the state. Together, united in this effort, we can continue to make a
difference.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City
of Rockport, Texas to be affixed this 22nd day of MARCH 2011.
CITY OF ROCKPORT, TEXAS
Charles J. Wax, Mayor
ATTEST:
Irma G. Parker, City Secretary
CITY OF ROCKPORT
MINUTES
CITY COUNCIL REGULAR MEETING
On this the 8th day of March 2011 the City Council of the City of Rockport, Aransas County, Texas
convened in Regular Session at 6:30 p.m., at the regular meeting place in City Hall, and notice of
meeting giving time, place, date and subject having been posted as described in V.T.C.A.,
Government Code § 551.041.
CITY COUNCIL MEMBERS PRESENT
Mayor Charles J. Wax
Mayor Pro-Tem Bill Fisher, Ward 1
Council Member Leo Villa, Ward 2
Council Member Paul Lippke, Ward 3
Council Member Adelaide Marlatt, Ward 4
CITY COUNCIL MEMBER(S) ABSENT
N/A
STAFF MEMBERS PRESENT
City Manager Thomas J. Blazek
City Attorney Bill Walston
City Secretary Irma G. Parker
Police Chief Tim Jayroe
Finance Director Jacky Cockerham
Building/Development Director Mike Henry
Parks & Leisure Services Director Tom Staley
STAFF MEMBER(S) ABSENT
Public Works Director Billy Dick
EMPLOYEES PRESENT
N/A
BOARD/COMMISSION MEMBER(S): N/A
TOTAL VISITORS IN AUDIENCE: 15
ELECTED OFFICIALS
County Surveyor Jerry Brundrett
OTHERS: Vicki Pitluk, Marketing/PR Consultant
I.
CALL TO ORDER - With a quorum of the Council Members present, the Regular Meeting
of the Rockport City Council was called to order by Mayor Wax at 6:30 p.m. on Tuesday,
February 22, 2011 in the Council Chambers of the Rockport City Hall, 622 E. Market Street,
Rockport, Texas.
II.
PLEDGE OF ALLEGIANCE - Mayor Wax called on Kaley and Konnor McMahon to the
podium to lead the City Council and audience in the Pledge of Allegiance.
III.
PROCLAMATION – Relay for Life March 25, 2011; Mayor Wax proclaimed March 25,
2011 as Relay for Life Cancer Awareness Day and the official kick-off of Relay-for-Life in
Rockport. Members of the Rockport Chapter of the American Cancer Society on hand to
March 8, 2011 Rockport City Council Minutes
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receive the proclamation were Elaine Albin, Dana Simpson, Michel McMahon, Kaley
McMahon, Konnor McMahon, Glen Franzen, and Brenda Franzen.
IV.
CITIZENS TO BE HEARD - “At this time, comments will be taken from the audience on any
subject matter that is not on the agenda. To address the Council, please sign the Speaker’s Card
located on the table outside the Council Chamber and deliver to the City Secretary before the
meeting begins. In accordance with the Open Meetings Act, Council may not discuss or take action
on any item which has not been posted on the agenda.”
No requests were made from the audience to speak on a matter not on the agenda.
V.
CONSENT AGENDA - “All consent agenda items listed are considered to be routine by the City
Council and will be enacted by one motion. There will be no separate discussion of these items unless
a Council Member so requests, in which event the item will be removed from the Consent Agenda and
considered in its normal sequence on the agenda”.
A. Deliberate and take action to approve the Tuesday, February 22, 2011 City Council
Workshop Meeting Minutes as presented.
B. Deliberate and take action to approve the Tuesday, February 22, 2011 City Council
Regular Meeting Minutes as presented.
C. Deliberate and take action to approve the Tuesday, January 18, 2011 Strategic
Planning Meeting Minutes as amended.
D. Deliberate and take action on proposed Agreement To Sell Fuel with the following
volunteer organizations and governmental entity for the purchase of diesel and/or
gasoline fuel from the City’s Fuel Depot though September 30 with automatic renewals
as noted in said Agreement with the following:
1.
Fulton Volunteer Fire Department;
2.
Aransas County Navigation District;
3.
Rockport Volunteer Fire Department; and
4.
Aransas County Emergency Medical Service, Inc.
E. Deliberate and take action on request from Marsha Reid, owner of Sassy, 416 S. Austin
Street, to hold a sidewalk sales event in Downtown Rockport on Friday, March 25, 2011
from 5:00 pm to 7:00 pm.
F. Deliberate and take action on request from Charles K. Jett, Director of Rockport
Market Days, to use Festival Site to hold Rockport Market Days on the following dates
in 2011-2012: 2011 – March 26, April 30, May 28, June 18, July 30, August 27,
September 24, October 29, November 26, December 17; 2012 – January 28.
Mayor Wax stated that he had received a request to remove ARTICLE V. “CONSENT AGENDA”
Section “F” for separate discussion. Mayor Wax called for a motion to approve ARTICLE V.
“CONSENT AGENDA” Section “A” through “E” as presented.
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MOTION: Council Member Lippke moved to approve ARTICLE V. “CONSENT AGENDA”
Section “A” through “E” as presented. Council Member Marlatt seconded the motion. Motion
carried unanimously.
Council Member Lippke stated that he had asked for this item to be considered separately that there
was quite a bit of discussion several months ago about trying to work establish better coordination
between Market Days and the Downtown Merchants. Mayor Wax has contacted the president of the
RHDA to check with the merchants about any possible problems, concerns or objection with the
Market Days activities. In addition, if any of the audience members had an issue with approval of
the Market Days event that they would be given the opportunity to speak. Council Member Marlatt
stated she had spoken with RHDA Secretary Marsha Reid about the dates of this event. Mayor Wax
reported that he had spoken with RHDA President Penny Hong and was told that the RHDA wanted
to leverage the foot traffic available with the Market Days activity to sidewalk sales, other specials
with the other shops downtown. They did not seem to have any difficulty with the dates. Mayor
Pro-Tem Fisher concurred with Mayor Wax that the RHDA was hoping to advertise at the Market
Days event and direct shoppers to the downtown area and visit our shops.
Council Member Marlatt added that the Mr. Jett, the organizer of Market Days, pays the ACND
$100.00 for use of the festival site and then pays someone to clean the site after the event. She
queried the Council regarding granting only a 6-month approval. Mayor Wax asked City Attorney
Walston if the Council needs to act on this request as presented and posted on the agenda. City
Attorney Walston opined that the City Council could not change the dates, they could delete some of
the dates if wish to deny a permit on specific dates. Mayor Wax asked if the City Council could
approve a portion of the dates on this requests before the Council. City Attorney Walston opined
that the City Council could approve the first three dates and have the applicant come back and
address the City Council.
City Secretary Parker reported that in talking with ACND Secretary Nelda Covarrubias, the District
has approved Market Days indefinitely. He provides ACND with proposed dates and Ms.
Covarrubias verifies the site is open and does not conflict with any other activity at the Festival Site.
Mr. Jett was contacted by the City to renew his application because the City Council had approved
his request for one year – first on a temporary basis for 3 month review and then the entire year. Mr.
Jett was required to provide proof of insurance with the City and ACND as co-insured. The
insurance had expired therefore Mr. Jett was contacted and asked to provide to the City. Ms. Reid,
RHDA Secretary, has contacted the City to inquire about the dates scheduled for Market Days and
has advised the City that RHDA plans to conduct sidewalk sales in conjunction with Market Days.
Council Member Villa asked for clarification of the insurance stated by City Secretary Parker. City
Attorney Walston advised that the permitting process, as far as the City is concerned, isn’t to use the
land so much as to have an event so that public safety is aware of it and if there are any problems
going forward or because of the past noise, sanitary conditions, public inconvenience things that the
general public would want to make sure were being looked after and something to consider. Mayor
Pro-Tem Fisher questioned if there was a violation and what steps could be taken. City Attorney
Walston reported that if Market Days was in violation, then the City could step in and modify the
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permit. Mayor Wax called for any further questions or comments. There being none, Mayor Wax
called for a motion.
MOTION: Mayor Pro-Tem Fisher moved to approve ARTICLE V. “CONSENT AGENDA” Section
“F” as presented. Council Member Villa seconded the motion. Motion carried unanimously.
VI.
A. Deliberate and take action on proposed Community Garden Project as requested by a NonProfit Association for the following:
1.
accept recommendation by the Park & Leisure Service Advisory Board;
2.
designate a location for the Community Garden; and if approved
3.
authorize Staff to develop a facility lease agreement for lease of said
property.
Director of Parks & Leisure Services Tom Staley reported that at its’ February 22, 2011 regular
meeting, the City Council discussed location options for use as a site for a community garden. The
Community Garden locations discussed were: (1) an open area of high grass and brush to the south
of the Tule Hike & Bike Trail and just north of the Wal-Mart property line. (2) The site of City
Pride Sign, south of E. Laurel Street adjoining Bus. Hwy 35 North. (3) The 4th Street City Water
Tower site. Following council member discussion on the positives and negatives of each the three
sites, the Council asked that the Parks Advisory Board explores any other locations suitable as a
community garden site, and to report back to the council at the next regular meeting.
The Parks Advisory Board met on February 28, 2011, and recommended for City Council
consideration, the following two additional sites suitable for supporting a community garden:
A City right-of-way, between Fuqua and Verne Streets.
Mathis Park on S. Live Oak St.
The community garden representatives present at the meeting favored the right-of-way location over
Mathis Park, due to its’ larger size and expansion capability. Both power and water are obtainable.
Park Board Members offered Mathis Park, because - except for the basketball court, the park gets
minimal use, is fenced, has water and power available, along with a covered seating area and swings
for children use while parents are gardening.
Mayor Wax stated that the location at Verne & Fuqua Streets was in Ward No. 2. Council Member
Villa stated that that location was caddy-corner to his home on Fuqua. Mayor Wax called Judy
Sanders reported that the Board met and reviewed both locations and voted in favor of the Mathis
Park facility because of all the amenities available for the initial 10 gardens. There is also room for
expansion. Mayor Wax asked if the Board preferred that property and Mrs. Sanders stated the Board
preferred the Mathis Park location. Mrs. Sanders added that the fence needs repairs and there was
concern expressed about the swing set due to liability concerns. Mayor Wax called for any
questions and/or comments from the Council.
Council Member Villa asked if it was necessary to conduct a public hearing to inform the residents
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of this proposal. City Manager Blazek stated that the City could conduct a public hearing if the
Council requested one be held. Mayor Pro-Tem Fisher expressed an opinion that this issue has been
well publicized. Council Member Villa stated that some of the residents may be concerned with the
City closing the park. Mayor Pro-Tem Fisher reported that it was not necessary to close the Park
down for the gardens. City Manager Blazek added that there is no liability for the Community
Garden group from the swing because it will still be a City Park and the liability would continue to
be the City’s.
Parks & Leisure Service Director Staley said the recommendation was that the City retain the park,
keep the sign there. Audience member Joan Fisher inquired as to where gardeners would park and if
there would be any problem with this location since the drainage ditch that runs along side of the
park drains directly into Aransas Bay. Mr. Staley said that there was plenty of street parking and he
would look into the drainage ditch location for possible problems but felt there was enough room
there.
Council Member Lippke asked if the license the city would be granting would not give the Garden
group exclusive use of the facility only gives them permission to garden in that park and that is it.
City Attorney Walston said that the City would grant a Non-Exclusive License Agreement. The
group plans to keep small gardening hand tools in a shed at the garden location and the Agreement
would stipulate that the City would not be liable for damage to thing that the gardeners leave at the
site. Mr. Staley added that there should be something in writing that clarifies the responsibilities of
their use of the site. Mayor Wax stated that the License Agreement would include the
responsibilities of each party – city and gardeners. Mr. Sanders stated that the gardeners plan to
fence the garden area. Mayor Wax added that with the gardeners fencing their area then they would
control access to the area via keys or combination locks. City Attorney Walston queried if Mr.
Staley had mapped out the area at Mathis Park to include in the Agreement. Mr. Staley said he
would provide that information for City Attorney Walston.
City Manager Blazek inquired about the location of the garden plots and location of fence so that
access to Mathis Park is not encumbered in any way. Mayor Wax called for any further questions
and/or comments. Council Member Lippke asked City Manager Blazek if he was suggesting giving
the gardeners the back part of the Park. Mr. Blazek said that the organization would control access
of a specific location via keys. City Attorney Walston asked if a term or length of the Agreement
had been discussed. Mayor Wax stated that it would probably be an annual renewal because we
would not want to commit a future council a decision made now. Mrs. Sanders said that after the
first year they would like a longer term if possible. Mayor Wax responded by saying that this would
be discussed at a later date. Mayor Wax again called for any questions and/or comments.
Mayor Wax asked if Council Member Lippke had gotten the answers to his questions. Council
Member Lippke said he didn’t want to make a ‘mountain out of a mole hill’ but he could see
potential problems down the road with this arrangement because we are really giving a private group
exclusive use of a public park. Or a portion of a park, but it is worth a try and see what happens.
The City must be aware of what is being done here, he stated he is for the gardens and happy a
location has been found but, he could see an issue down the road. City Attorney Walston and Parks
& Leisure Service Director Staley reminded Council that exclusive use is given to the Little League
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and other organizations of sections of a city park. Mayor Wax commented that Mathis Park is one
of the least used parks today.
Council Member Lippke asked if there were entry requirements to participate in the garden group.
Mrs. Sanders stated there were not all anyone had to do was be interested. Council Member Marlatt
asked if the group had received any funding. Mrs. Sanders said they had received funding. Council
Member Villa again questioned the parking situation. Mayor Pro-Tem Fisher reported that he lives
across from this Park and there is plenty of parking available so that should not be a concern.
MOTION: City Council Member Lippke moved to (1) accept the recommendation from the Parks
& Leisure Service Advisory Board in conjunction with the Community Garden organization; (2) the
specific, designated portion of Mathis Park, which Parks & Leisure Service Director Staley will
furnish a map and/or legal description and furnish to the City Attorney, as the community garden
location; and (3) authorize Staff to develop the facility license agreement for the use of that property
to the Community Garden organization for a term ending January 31, 2012. Council Member Villa
seconded the motion. Motion carried unanimously.
B. Deliberate and take action on request from Regina Kenney to waive fees and charges in
the amount of $203.70 for a February, 2011 Open Records Request.
At the request of Ms. Kenney this item will be Passed and discussed at the March 22, 2011 Regular
City Council Meeting.
C. Deliberate and take action on second reading of Ordinance No. 1533, An Ordinance
Pursuant to Article 4 “Zoning Districts”, Rockport Zoning Ordinance Number 1027,
by Granting a Zoning Change to Property Located at 600R Enterprise, Rockport,
Texas; also described as Lot 2R, Pahl Estates, Rockport, Texas; from R-1 (1st SingleFamily Dwelling District) to R-5 (2nd Multi-Family Dwelling District); Repealing all
Ordinances in Conflict Therewith; Providing for Severability; and Providing an
Effective Date.
Director of Building & Development Mike Henry presented Ordinance No. 1533 on second and final
reading. He reported that there have been no changes to form or content since first reading. This
request from Brian and Linda Pahl to re-zone a portion of their property to R-5 (2nd Multi-Family
Dwelling District) for the purpose of creating a condominium regime to facilitate the cottages they
are constructing. A re-zone would allow for the proper zone in which to develop these cottages as
condominiums. In February, 2009 the Pahls applied for a Special Permit to enlarge the Lagoons RV
Park to accommodate about 40 new RV pad sites. This Special Permit was granted in March, 2009.
The property intended for this project is currently zoned R-1 (1st Single-Family Dwelling District).
A Special Permit is required for expansion of an existing RV Park. In March, 2010 the Pahls had
their Special Permit amended to allow them to build cottages in lieu of the RV pad sites, and for
long term lease. The Pahls are encountering difficulty from the lending institutions regarding the
leasing of these structures. At the joint public hearing held February 8, 2011 with the City Council,
there was no input from the public regarding this request.
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At their meeting held February 14, 2011 the Planning & Zoning Commission deliberated on this
issue. The selling of these structures on un-platted common land would require a condominium
regime, which must meet state laws regarding such and be recorded in the County Court House.
Also, the property in question must be re-zoned to a multi-family district in order to accommodate
such structures as condominiums. An R-4 zoning district would allow for the density of this
development, however, R-5 would better suit the location as there exists an adjacent to the north that
is currently zoned R-5 (The Gardens Lakeside Condominiums). Staff recommends adoption on
second reading. Mayor Wax called for any questions or comments.
MOTION: Council Member Lippke moved to adopt Ordinance No. 1533, An Ordinance Granting a
Zoning Change to Property Located at 600R Enterprise, Rockport, Texas; also described as Lot 2R,
Pahl Estates, Rockport, Texas; from R-1 (1st Single-Family Dwelling District) to R-5 (2nd MultiFamily Dwelling District). Council Member Villa seconded the motion. Motion carried
unanimously.
D. Deliberate and take action on first reading of Ordinance No. 1534, An Ordinance
Amending Rockport Zoning Ordinance No. 1027, Article 22, Paragraph 22.2 Fence
Regulations, Sub-Paragraphs 22.2.1 Through 22.2.5 by Removing the Requirement of a
Special Permit for Fence Heights; Repealing all Ordinances in Conflict Therewith;
Providing for Severability; and Providing an Effective Date.
Director of Building & Development Henry presented Ordinance No. 1534 on first reading. A
Special Permit was granted (Ord. 1532 adopted on February 22, 2011) to property located at 1129 N.
Magnolia Street for increasing the height of a fence on private property. The need of a Special
Permit for fence height adjustments is a requirement of the zoning code and, due to the nature of a
Special Permit, is a rather lengthy process for such approval. Staff proposes to amend the zoning
code that would relieve this process. Recommended changes include: (1) Delete fence height
adjustments by Special Permit; or (2) Do away with fence heights altogether. A copy of the fence
regulations (Sec. 22.2) was presented for Council review and/or information. At their meeting held
February 1, 2011 the Planning & Zoning Commission deliberated on the staff recommendations.
The Commission felt that to require maximum fence heights is still a good idea, and, the fact that the
City now has a Zoning Board of Adjustment to handle variances and exceptions to the zoning code
prompted the Commission to recommend option 1 to the City Council. This item was discussed at
the Council’s workshop held February 22, 2011. Council seemed in agreement with the
Commission’s recommendation to amend the zoning code regarding fence heights.
MOTION: Mayor Pro-Tem Fisher moved to approve first reading of Ordinance No. 1534, An
Ordinance Amending Article 22, Paragraph 22.2 Fence Regulations, Sub-Paragraphs 22.2.1 Through
22.2.5 by Removing the Requirement of a Special Permit for Fence Heights. Council Member
Marlatt seconded the motion. Motion carried unanimously.
E. Deliberate and take action to declare a Police Department seized vehicle, 2008 Dodge
4D, Model AXT, Vin #1B3LC56K38N588700, surplus to the City’s needs and authorize
sale of said vehicle.
Page 7 of 10 Pages
City Secretary Irma Parker reported that vehicles seized by the Rockport Police Department may be
sold at a public auction but cannot be donated to charity. Only vehicles that are purchased by the
City may be donated. The Police Department has taken possession of a 2008 Dodge 4D, Model
AXT on 12/22/2010. All vehicles becoming property of the City may be sold once they have been
declared surplus and authorized by the City Council to sell. Funds from the sale of this vehicle will
be deposited into the Forfeiture Fund and reported to the Attorney General Office. Staff requests
the City Council declare the 2008 Dodge, seized by the Rockport Police Department, to be surplus to
the City’s needs and authorize sale of said vehicle. Staff is proposing to include in the on-line
auction with Rene Bates Auctioneers.
MOTION: Council Member Villa moved to declare a Police Department seized vehicle, 2008
Dodge 4D, Model AXT, Vin #1B3LC56K38N588700, surplus to the City’s needs and authorize sale
of said vehicle. Council Member Marlatt seconded the motion. Motion carried unanimously.
F. Deliberate and take action to on first reading of Ordinance No. 1535, An Ordinance
Amending the City Of Rockport Code of Ordinances Chapter 98 “Traffic and
Vehicles”, Article II. “Traffic Control” by Deleting Section 98-29 “Riding Bicycles on
Sidewalks” in it’s entirety; Repealing all Prior Ordinances in Conflict Herewith;
Providing for Severability; and Providing for an Effective Date.
Parks & Leisure Services Director Tom Staley presented Ordinance No. 1535 on first reading. The
City of Rockport Code of Ordinances, Section 98-29, states: “It shall be unlawful for any person to
ride a bicycle upon any sidewalk in the city, except in designated hike and bike trails and paths.”
Staff asked if changes should be considered with several wording revisions offered for discussion
and consideration at the February Workshop. Police Chief Jayroe reported that it was safer to ride
on the sidewalk than to ride on the highway. Council directed Staff to amend Section 98-29 and
present at the March City Council meeting for action.
MOTION: Council Member Lippke moved to approve first reading of Ordinance No. 1535, An
Ordinance Amending the City Of Rockport Code of Ordinances Chapter 98 “Traffic and Vehicles”,
Article II. “Traffic Control” by Deleting Section 98-29 “Riding Bicycles on Sidewalks” in it’s
entirety. Council Member Villa seconded the motion. Motion carried unanimously.
G. Deliberate and take action on first reading of Ordinance No. 1536, An Ordinance
Amending the City of Rockport Code of Ordinances Chapter 70 “Parks and
Recreation”, Article I. “In General” Section 70-5 “Operation of Motor Vehicles;
Vehicular Access to The Beach; Speed Limit”; Section 70-15 “Possession of Alcoholic
Beverages; Sale of Alcohol; Consumption of Alcohol”; and Section 70-18 “Vehicles
Parking Permit at Rockport Beach Park Required, Exemptions, Fee”; Repealing all
Prior Ordinances in Conflict Herewith; Providing for Severability; and Providing for
an Effective Date.
Parks & Leisure Service Director Staley presented Ordinance No. 1536 on first reading. Staff is
proposing to change some wording in Chapter 70 of the Code of Ordinances for clarification and to
accomplish the following:
Page 8 of 10 Pages
1. Section 70-5 “Operation of motor vehicles; vehicular access to the beach, speed limit” to
advise that the Circle at Rockport Beach park would be barricaded and closed to vehicle
traffic. In addition, the speed limit in the Circle at Rockport Beach Park is suggested to be
10 miles per hour.
2. Section 70-15 “Possession of alcoholic beverages; sale of alcohol; consumption of alcohol”
– clarifying that consumption of alcohol is prohibited at any park except Rockport Beach
Park.
3. Section 70-18 “Vehicle parking permit at Rockport Beach Park required, exemptions, fee” –
clarifying that school buses must be clearly marked and identified and to correct a spelling
error.
City Attorney Walston has included wording to make it unlawful for any person to cross over, or
otherwise disregard any barricade, placed or displayed by City of Rockport personnel and intended
to prohibit vehicle or pedestrian access to the Circle at the Rockport Beach Park. The Ordinance
remains the same since Workshop with the exception of wording added by City Attorney Walston.
Staff recommends approval.
MOTION: Mayor Wax moved to approve first reading of Ordinance No. 1536, An Ordinance
Amending Chapter 70 “Parks and Recreation”, Article I. “In General” Section 70-5; Section 70-15;
and Section 70-18 with amendments to 70-5 (g) and (h) by adding and/or Aransas County
Navigation District. Council Member Marlatt seconded the motion. Motion carried unanimously.
H. Deliberate and take action on recommendation from the Swimming Pool Operations
Advisory Committee to expand pool operating hours during the area school Spring
Break period from March 12 - March 20, 2011 as follows:
1. Saturday and Sunday (March 12,13,19, & 20)-11:00 am to 6:00 pm;
2. Monday (Mar. 14)-11:00 am to 5:00 pm; and
3. Tuesday thru Friday (Mar. 15-18)-10:00 am to 5:00 pm.
Parks & Leisure Services Director Staley reported that at its’ March 2, 2011 meeting, the Swimming
Pool Operations Advisory Committee recommended the approval of the request by the Aquatics
Manager to expand pool operating hours during the local area school Spring Break period Saturday,
March 12 thru Sunday, March 20, 2011. The operating hours will be as follows:
•
•
•
Saturday and Sunday (Mar.12,13,19,20)-11:00a.m. to 6:00p.m.
Monday (Mar. 14)-11:00a.m. to 5:00p.m.
Tuesday thru Friday (Mar. 15-18)-10:00a.m. to 5:00p.m.
Hours were historically expanded during the local Spring Break period. In March, 2010 the pool
realized $5,231 in revenue from user-fees and concessions. The Slide-n-Spray Pool remains closed
until May. Staff recommends approval of expanded pool operating during the local Spring Break
period, March 12th through March 20th, 2011.
MOTION: Council Member Marlatt moved to approve recommendation from the Swimming Pool
Operations Advisory Committee to expand pool operating hours during the area school Spring Break
Page 9 of 10 Pages
period from March 12 - March 20, 2011 as follows: (1) Saturday and Sunday (March 12,13,19, &
20)-11:00 am to 6:00 pm; (2) Monday (Mar. 14)-11:00 am to 5:00 pm; and (3) Tuesday thru Friday
(Mar. 15-18)-10:00 am to 5:00 pm. Council Member Lippke seconded the motion. Motion carried
unanimously.
VII.
REPORTS FROM COUNCIL & STAFF - “At this time, the City Council will report/update
on all committee assignments which may include the following: County Storm Water Committee;
Community Park Committee, Park & Leisure Advisory Board, Chamber of Commerce, Coastal Bend
Council of Governments, Coastal Bend Bays & Estuaries, Texas Maritime Museum, Fulton Mansion,
Rockport Center for the Arts, Rockport Tropical Christmas, and Texas Municipal League. Staff
reports include the following: Building & Development – Bi-Weekly Code Enforcement, Proposed
Development Report; Accounting & Finance – Update on Liens Collection, Financial & Investment
Information, Monthly Financial Reports; Police Department – Grant Update, Quarterly Police
Reports; Public Works- Building Maintenance, Construction Updates; Utilities – Construction
Updates; Park & Leisure Services - Whooping Crane Strut, grant(s) update, miscellaneous park
projects; Administration - Interlocal Agreements, Public Information, Hotel Occupancy Report. No
formal action can be taken on these items at this time.”
VIII.
ADJOURNMENT
Upon a motion duly made and seconded, the meeting was adjourned.
ATTEST:
Page 10 of 10 Pages
CITY OF ROCKPORT
MINUTES
CITY COUNCIL SPECIAL WORKSHOP MEETING
On this the 22nd day of February, 2010 the City Council of the City of Rockport, Aransas County,
Texas convened in Workshop Session at 1:30 p.m., at the regular meeting place in City Hall, and
notice of meeting giving time, place, date and subject having been posted as described in V.T.C.A.,
Government Code § 551.041.
CITY COUNCIL MEMBERS PRESENT
Mayor Pro-Tem Bill Fisher, Ward 1
Council Member Paul Lippke, Ward 3
Council Member Adelaide Marlatt, Ward 4
CITY COUNCIL MEMBER(S) ABSENT
Council Member Leo Villa, Ward 2
STAFF MEMBERS PRESENT
City Attorney Bill Walston
City Secretary Irma G. Parker
STAFF MEMBER(S) ABSENT
Public Works Director Billy Dick
Finance Director Jacky Cockerham
Parks & Leisure Services Director Tom Staley
Building/Development Director Mike Henry
Police Chief Tim Jayroe
EMPLOYEES PRESENT: N/A
OTHERS
Vicki Pitluk, PR/Marketing Consultant
ELECTED OFFICIALS PRESENT
TOTAL VISITORS IN AUDIENCE: 13
BOARD/COMMISSION MEMBER(S): N/A
CORA KEELER ESTATE REPRESENTATIVES
Paul S. Crozier, CPA, J.D, Vice President, Financial Management Group, Frost Bank
Richard L. Leshin, Welder Leshin Lorenz McNiff Buchanan Hawn, LLP, Attorneys at Law
I.
CALL TO ORDER. - With a quorum of the Council Members present, the Special
Workshop Meeting of the Rockport City Council was called to order by Mayor Wax at 3:00
p.m. on Tuesday, March 8, 2011 in the Council Chambers of the Rockport City Hall, 622 E.
Market Street, Rockport, Texas.
II.
A. Presentation and general discussion regarding Estate of Cora T. Keeler, Deceased, who
has bequeathed her artwork and her sculptures to the City of Rockport on the
March 8, 2011 City Council Workshop Minutes
Page 1 of 10 Pages
condition that the City provides a suitable building for the permanent display of her
artwork and sculptures.
PRESENTATION: Mayor Charles J. Wax, City Manager Thomas J. Blazek, City Attorney
Walston, City Secretary Irma Parker – The City was notified on February 18, 2011 via telephone
conference that Ms. Cora T. Keeler, in Article 4 of her Will bequeathed her artwork and her
sculptures to the City. A letter was received on February 22, 2011, proving details of the artwork
and sculptures bequeathed to the City by Ms. Cora T. Keeler, deceased. Below is the letter received
by the City of Rockport.
February 18, 2011
Re: Estate of Cora T. Keeler, Deceased
Dear Ms. Parker:
As I advised you in our telephone conference of February 18, 2011, Cora T. Keeler in Article FOURTH of her
Will bequeathed her artwork and her sculptures to the City of Port Aransas upon certain conditions. Such conditions were
not acceptable to the City of Port Aransas. Her Will provides that if the City of Port Aransas rejects the bequest that she
bequeaths all of her artwork and all of her sculptures to the City of Rockport on the condition that the City of Rockport
provides a suitable building for the permanent display of her artwork and sculptures within the earlier of two years of her
date of death and one year of the date that the City of Port Aransas formally rejects the bequest. The bequest to the City
of Port Aransas was rejected on February 15, 2011. Enclosed is a copy of Mrs. Keeler's Will for your review.
Also enclosed is an appraisal on the artwork and sculptures from Attal Appraisal Service.
Please advise me as to your questions and any comments that you have.
Your truly,
/s/ Richard L. Leshin
The Will provides that if the City of Port Aransas rejected the collection that Ms. Keeler then would
bequeath all of her artwork and all of her sculptures to the City of Rockport on the condition that the
City provides a suitable building for the permanent display of the artwork and sculptures within the
earlier of two years of her date of death and one year of the date that the City of Port Aransas
formally rejects the bequest. The bequest to the City of Port Aransas was rejected on 2/15/2011.
The City of Port Aransas was contacted to gather information as to why they rejected the collection.
Rockport Art Center Executive Director Beverly Trifonidis was contacted to review the collection.
At the request of Mayor Wax this workshop session was called to discuss with the Executor(s) and
Estate Attorneys, Richard L. Leshin, Welder Leshin, LLP; and Paul Crozier, Frost Bank, of the
requirements and provisions to acquire artwork and sculptures.
Mayor Wax advised the audience that a City Workshop Session is intended to exchange data and
answer questions. Mayor Wax stated that the City of Rockport is in Mrs. Keeler’s debt for her
recognizing the importance of the art community to the City of Rockport. In addition, the City is
very pleased to at least try and meet the requirements of Mrs. Keeler’s Estate and her interest in the
arts. All of the Council Members have copies of the Will and inventory of Mrs. Keeler’s art
collection. City Attorney Walston has reviewed the documents as well as Rockport Art Center
Executive Director Beverly Trifonidis and Mary Lynn Painton, Chairman of the Rockport Art
Center Board. The City and Art Community are enthusiastic to try and learn what the requirements
are for our City in order to absorb not only that art collection but also to display it properly and
protect it. He concluded by saying that his personal view, he would love to see that collection added
Page 2 of 10 Pages
to the considerable presence of art here in our community. There are a number of questions that he
hoped the attorneys for Mrs. Keeler would help answer.
[Editor’s Note: Because this Workshop Meeting was fact finding in nature. The verbatim minutes
will be documented with questions asked and the response so noted.]
Mayor C.J. Wax: The collection is extensive. I’ve looked through it. There are fascinating pieces
of art in it. My understanding from reading the Will, I’m no attorney; that is what we pay him for, is
that all of the art does not have to be displayed simultaneously.
Mr. Richard L. Leshin: That is not a requirement. I don’t think it needs to be held in a closet for a
long period of time but as it is regularly shown, is what – and some of it needs to be out at sometime
– but I don’t thank a 100% of it needs to be out at the same time.
Wax: My thinking just, so you’ll understand where I was coming from, was in a museum, for
example, the size of the Smithsonian they would put up a portion of an art collection and there
would be a location for a permanent display – we would say of the Keeler Collection while the rest
is being maintained in proper storage, in environmental protected and so forth. And then rotate it on
a regular basis, every quarter or every four months so something like that.
Leshin: I that would be fine.
Wax: That would be acceptable?
Leshin: Yes
Wax: I also in my reading do not tell me that a building solely dedicated to the display of that art is
necessary. Is that true?
Leshin: You are correct. It does not have to be solely with Cora’s artwork it could be with others.
But hers should be separate from the others.
Wax: Okay, there some insurance requirements that I’ve talked to Bev about that I don’t have
numbers on, Bev may be able to help us with that. Do you have any ball park figures out there?
Beverly Trifonidis: Well, the Art Center maintains over a million dollars worth of fine arts
insurance out of a specialty company in Washington, DC and that costs us less than $2,000 a year.
Wax: Okay
Trifonidis: That covers all risks that includes windstorm, and it totally a packaged deal.
Wax: Okay
Trifonidis: So it is not relatively (not audible) a lot of other costs. Insurance is not one of those more
expensive costs to have appropriate fine arts interests
Wax: But to keep from an operational perspective would be two things, to me. One is a permanent
location for the Keeler display, by name that there would be a location there somewhere that says –
that is the Keeler display. Then there is a secondary requirement for an environmentally protected
storage of that portion of the collection that is not on display at that point. Now my question would
be – is there is an opportunity once a permanent display – let’s say here…the Keeler display is there
– is there an opportunity to display other portions of the art in other locations, here within the City?
Leshin: I would think so I put up considerable – that it’s a loan that the City could loan several
pieces on an interim basis or a temporary basis to X,Y,Z and then 3 months later in comes back – 6
months later it comes back. I don’t see that being an issue as long as it is noted or designated
somewhere that it states it is on loan from the Keeler Collection.
Wax: Correct
Council Member Marlatt: That’s wonderful, just wonderful.
Page 3 of 10 Pages
Wax: Here’s was…tell me if this is out of bounds. My thinking was we have a Fine Arts
Department in the High School where a couple of pieces of the Keeler Collection could be hung and
then rotated on a semester basis, or something along that line.
Leshin: I think that would be fine as long as it is in a safe, protected location.
Wax: Sure
Leshin: I don’t think that would be an issue at all.
Wax: What about locations within a commercial establishment? For example banks lobby. I’m
thinking now about the bank in Uvalde that has their own collection of art, once again this is
separate from the Keeler display that is permanent. But these are individual pieces.
Leshin: I would think that the same issues would apply in those situations. Where, here is a
temporary loan to the bank from the City of Rockport and it will be here. You don’t want it for too
long a period but for a period of time and it is designated and the safe location still has to be insured
and those things considered.
Wax: Sure, those people not only have environmental protections but they have vaults.
Leshin: I would think – I would hope so.
Wax: And my personal view would be, we would not loan anything even temporarily outside the
City limits of the City of Rockport.
Leshin: I would, that would be one of the conditions.
Wax: Okay, let’s see. Mr. Lippke
Council Member Lippke: Would title pass to the City on this.
Leshin: Yes, what would happen would be, Frost Bank as the Independent Executor, would sign
what’s a ‘Bill of Sale’. It says sale but really it would be a distribution called a “Bill of Sale” that all
the entitlement would be within the City of Rockport. And if ya’ll wanted to do within a separate
subdivision of the City of Rockport we wouldn’t have any objection to that at all.
Lippke: Okay, then what would we do then, would we…cause
Leshin: Let’s say you had a set up a non-profit corporation called the ‘Cora Keeler Corporation’;
you could do that and be a wholly owned entity but the City of Rockport.
Lippke: Okay
Leshin: That’s what I’m trying to say.
Lippke: Now, the curator…
Wax: I thought you were saying, loan it to the road and bridge group.
Leshin: No, no
Lippke: Now, the…from my perspective the curator of art would be the Art Center. Now, would
we then in turn loan it to them. Is that how it would work.
Wax: Yes,
Lippke: And then they would watch over it for us and that would meet the requirements.
Leshin: You are really not loaning it to them. You are using their building….
Wax: Right
Marlatt: Placing it in their care.
Leshin: For the display, ya’ll would still be the owners and it would still be in under your
possession and control while just using their building for display.
City Attorney Walston: Well, you are setting up a principle agent, contractual relationship to look
after our property.
Leshin: Yes, exactly.
Lippke: Oh, okay, all right.
Page 4 of 10 Pages
Wax: Okay. Bill, did you have something else?
Walston: Well, 10 years from now and the property is ours and everything is going fine. Maybe the
plan hasn’t been followed exactly as it has 10 years earlier, I don’t know if the gift can be subject to
malfeasance.
Leshin: It probably would. We wouldn’t…the only person who could come in and attack what ya’ll
did would be the attorney general of the State of Texas. After we’ve given it to you we no standing
whatsoever.
Walston: I was thinking along the line of the Museum of South Texas also being a subsequent
beneficiary.
Leshin: Right. If ya’ll didn’t satisfy those conditions that is where those assets would go at a later
date. But we’re not…the Estate is not going to be probably for maybe a few weeks or months,
looking over and monitoring the situation. But 10 years from now the Estate is not going to be
around and not, we are not going to be monitoring the situation. And so, at that stage of the game, if
you didn’t want those assets or you weren’t meeting those conditions then it would go to the Art
Museum of South Texas. And we would not have the right to come in and attack that the conditions
were not being satisfied.
Wax: Well, I consider this a tremendous opportunity.
Leshin: Well, thank you, she was a great lady.
Wax: I regret not having the opportunity to meet her. She was hugely generous to the City of
Rockport from my perspective. Let me ask Ms. Trifonidis.
Trifonidis: Let me ask about the timing, in terms, if you could clarify for all of us it says ‘the lesser
of’ 2 different timeframes and one of those was 1 year from the time that it was rejected by the City
of Port A and that was February 15, 2011. And, but what was unclear is to whether or not the plans
and the majority of the building would be and everything would be in place or literally the collection
would be in the building as it was going to be continuous displayed 1 year from February 15, 2011?
Leshin: You lost me
Wax: Let me ask it because, Bev’s my art expert but I have a very similar question and that is. ..
Trifonidis: Okay
Wax: That the letter that came to us from Port Aransas said that they rejected it on February 13.
Leshin: Right
Wax: And it says in the Will, ‘the lesser of 2 years from the date of her passing or 1 year from the
date of Port Aransas’ declining’. And my question would be similar except but worded a little
different – does that mean by February 12, 2012 we have to be in a final configuration or in the
configuration that is leading to a final configuration. That right?
Walston: Substantial compliance is, I think that is where we are going here.
Wax: I didn’t know the legal words, but…yeah, I’ll take that.
Marlatt: When…what was death?
Wax: Beg your pardon?
Marlatt: What was the date of her death?
Wax: I don’t know the exact date.
Trifonidis: August the 10th.
Marlatt: August the 10th
Trifonidis: August the 10th of 2010.
Marlatt: 2010?
City Secretary Parker: August 13, according to her obituary.
Page 5 of 10 Pages
Trifonidis: Okay
Wax: of 2010, but that date becomes less relevant because of the new date coming from Port
Aransas.
Leshin: Right, it would be the one year date (not audible)…agreed
Trifonidis: But it does say be displayed, if you look at the language
Leshin: You’re right
Trifonidis: It doesn’t clarify whether you just have plans that are purchased it or it is there in
existence or it has to be absolutely on…a portion of it on display.
Leshin: It doesn’t say that it needs to be on display. I think the building needs to be building ready
to have the art work and that stage again if Frost, if Frost is ready to deliver it at that time whether
ya’ll can accept it at that time would be…would be the key issue.
Wax: Okay
Leshin: I don’t know if Frost is going to be ready on February of 2012 and I don’t think they know
at this stage of the game whether they will be ready to distribute it but I think we need to have a
representation to us that the building is ready.
Wax: Okay, that the display location
Leshin: Right
Wax: by February the 12th of 2012.
Leshin: Right, right
Wax: Okay – Okay, Bev
Trifonidis: A couple more questions. I was wondering if you clarified any specific curatorial
requirements, I didn’t see any, but I just want to be sure that there is not something that we
(inaudible) see in this.
Leshin: None that I am aware of
Trifonidis: Okay, Thank you. And also in terms of maintenance of the collection, I understand from
reading it that it has to now be, it is currently being properly maintained and I, just when it is turned
over by Frost, if it is to the City of Rockport will it be turned over in the condition in which she left
it or will it have been – any maintenance done to the collection as of that time. Because we, we have
some very cryptic kinds of notes in terms of the condition, you know we just don’t know what the
condition is.
Leshin: More than likely what will happen it will be turned over to (not audible)
Trifondis: Okay, thank you.
Wax: Is there an opportunity, along that same line; is there an opportunity for Bev and maybe John
(John Asp) and I think Mary Lynn (Painton) also to view to collection now?
Leshin: Yes, sure
Wax: There is
Leshin: Without a doubt
Wax: There is – super
Leshin: We just, we need some advance notice to do that but of course that is not a problem.
Wax: Of course
Leshin: A lot of the art work is in storage in some of her closets so we have need for some advance
Wax: A little time
Leshin: time so that you can see them. And that where she had kept some of them.
Wax: Is that right? I can not picture a Picasso in a closet. But, that’s just me.
Leshin: I don’t think the Picasso was in the closet though.
Page 6 of 10 Pages
Wax: Probably the Rivera’s were in there either.
Leshin: No
Walston: Is the Estate going to pay the cost to deliver to the City?
Leshin: I think so, that should not be an issue at all.
Walston: I don’t know how many trucks this may take but …
Paul S. Crozier: Well, it could be one really big truck. No, it will take…I, I’m not you know an
expert on moving art. But I assume we might want to consult with someone who is.
Walston: We may have to crate some statutes, I don’t know…
Leshin: What we’ll do is, we’ll make sure before they are moved that they are…we’ll get some
professional consulting that’s beyond both Paul’s and mine knowledge and it will be done properly
and the Estate should pay for that. That’s the cost of administration of the Estate. That should not
be the City’s expense at all.
Wax: Thank you. John… (John Asp), any questions from you?
John Asp: None at this time.
Wax: Vicki,
Vicki Pitluk: I just have a question because I haven’t read the entire Will just this morning. Is there
any type of stipend that goes with the collection to help with this maintenance?
Leshin: No, not at all.
Pitluk: I didn’t see it but I, just…
Wax: Vicki is our Marketing Director and I should have introduced to you as well the CEO of our
Texas Maritime Museum who is Kathy Roberts-Douglass, whose back there. Thank you Kathy.
Okay, Council, questions? Adelaide?
Marlatt: None, I’m just thrilled. Our school has, as he said has a Fine Art Department with students
going to State and for them to have an opportunity to see this quality of work is really, really great
for them. We are a small town. It doesn’t always happen.
Leshin: (not audible)
Wax: Paul?
Lippke: I assume the Art Center is in favor doing what we have to do to make this happen? You
want to get this work right? Bev?
Trifonidis: We are hugely interested in making it work. We…we just need to look at the
partnership in terms of how, what parties could collaborate and who would have an interest in terms
of the proper building to house the collection and the maintenance, and expenses in terms of the
collection. But, it certainly in the mission of the Art Center to do this and John has a Fine Arts
background that includes curatorial and I mean. There are just enormous benefits, I mean for you
gentleman, you may not realize but Rockport was named as one of the top 10 Coastal Art Colonies
in the United States and we have been an art colony since the late 1800’s so there is an enormous
interest in, and this would be a huge draw for the entire community and there’s a lot of people here.
We probably have 3 to 450 artists living in Aransas County.
Leshin: That is impressive
Trifonidis: Yes, so yes we have an interest. It’s just a matter of practically putting together
something that honors Cora Keeler and how this needs to be presented and that it is safe and what it
is going to cost to do that. And we just need to look at partnerships that we can build to make that
happen. But, in terms of the, to the question itself, the opportunity for the Art Center and the
community – hands down. It is a real asset.
Wax: Thanks Bev
Page 7 of 10 Pages
Lippke: Right, What sort timeline is there in this whole process as far as letting you know officially
yes, we want
Leshin: You have until February of 2012 to tell us. It would be better if you tell us before but – we
will go by the guidelines and the provisions of the Will.
Lippke: I see, Okay
Leshin: If you tell us January 31, 2012, that you want it we’re bound by that.
Wax: Personal opinion again, not a position of the Council. We want it. The question is, can we
make this happen is my question.
Leshin: Sure. But you do have the time to work within ya’ll
Lippke: Sure
Wax: And for you two gentlemen just to know not only as the Executor as well as the attorney for
the Estate, I’ve discussed this with our County Judge, who, and I provided him a copy of Mrs.
Keeler’s Will as well as an inventory of the art and he is also very, very interested. And, so that
should help us in formulation of the partnerships that Bev was talking about.
Leshin: Right
Wax: In order to protect and preserve as well as display that collection. Bill?
Mayor Pro-Tem Fisher: I realize we don’t have we don’t have room obviously at the art center, but
would that kind of building qualify for this collection? I mean does it have be more than that. Or…
Bev: It is not our intention in our thinking right now, it wouldn’t, we don’t have the room at the Art
Center.
Fisher: I realize that we don’t but that building, if you had room would that qualify as a building
that would, could house this, I mean, does it meet the whatever requirements for the
Bev: John and I probably would not recommend that the collection be in a building that is a vintage,
flat board historical building, no more than we necessarily recommend that it would be it in the
downtown old bank vault just because it happens to have security. I mean this is a private collection
of a woman who built it up over her entire life and so it needs to be safe and it also needs to honor
the fact that it is her collection. So, we are trying to look at a property that would in fact do both of
those things – make it safer than, you know a building which wouldn’t be as substantial against
some of the elements but also would honor the collection.
Fisher: But it wouldn’t necessarily have to be museum quality or anything as long as we had a, the
use of a building that is safe, is air conditioned, and a few things that would qualify
Bev: Well, it is going to need to have security, and climate control and all aspects of climate control
and being put in a place where there it has a very high likelihood and/or a plan to move pieces of it
out if we were to be in a direct hit of a hurricane.
Wax: I’m certain, that a collection of this caliber would have to be included in our evacuation plans
if we have to run out of here because of a Category 5 Hurricane or something. But we have a well
developed plan; we would have to have an annex to it in order to protect the collection. But that is
less troubling to me than some of the other issues in terms of display and protection on a regular
basis. Anything else?
Fisher: No
Wax: Tom Blazek
City Manager Tom Blazek: This has been a very interesting and informative presentation and if we
can solve the (not audible) problems this can be a great asset to the Community.
Wax: Bill Walston
Walston: Well, its just one sentence that sets up the terms – ‘a suitable, permanent display’ it
Page 8 of 10 Pages
doesn’t say public display. Now every place we talked about has been a public display and I bring it
up for the reason it could be a fee-based display where we could recoup some of costs. I don’t even
know if that’s, in on anybody’s radar screen. I’m just bringing it up because it is a public
Wax: A public by your definition meaning ‘free’
Walston: Public meaning ‘free’
Wax: as opposed to, okay. I haven’t thought about that. Audience? Mike (Probst –Editor – The
Rockport Pilot)
Mike Probst: Was there a value, I haven’t heard anything.
Wax: $200,000 and
Crozier: This value is for tax purposes
Wax: Right, right
Crozier: But the value is $217, 275.
Lippke: That means it is low
Wax: Yeah, that means it’s a tax value – that’s exactly what it means.
Crozier: It was an Estate
Wax: Estate Tax – 2010 was a good year to die, wasn’t it?
Crozier: It was and then they changed the law in November.
Wax: Right, Mike anything else? Mrs. Fisher, Vicki, how about over here?
Lippke: What’s our next step? It’s in the hands of the Art Center right now.
Wax: My view would be that the City in conjunction with our art community needs to form a small
team that would look at available venues, would look at possible cost and would examine what Bill
talked about where the public versus private admission versus (not audible) so forth. And take and
try to get a very good handle what the long term O&M costs are going to be because obviously it is
not in our budget for this year. But we would need to take a look at what the funding stream would
be necessarily, what partners we need to gather and how we would fund that stream and take care of
this collection over time. I think you could argue fairly easily that a collection of this caliber would
certainly draw not only school kids but visitors to our community that would…How many people
could drive up and down Business 35 and stop off and see a Picasso somewhere or a Diego Rivera?
That is going to draw people to our community and that’s why I personally an excited about it. And
I think a small coterie of people that would begin to examine those questions and try to get an
answer well in advance of February 12, 2012, would be what I think is the thing to do.
Walston: I think Council is going to have to take formal action.
Wax: Absolutely, like on the 22nd of March, which is our next council meeting.
Blazek: I have a question
Wax: yes, Tom
Blazek: I’m reading the Will and it says a “suitable” building in terms of – does it have to be a stand
alone building or could it be an annex to another building as long as it meets security,
environmentally code, how big an annex would be required.
Leshin: As long as (no audible) it does says ‘stand alone’ it just says a building suitable.
Wax: Any other comments? Ladies? Kathy, any comments?
Kathy Roberts-Douglass: No to talk about buildings but on the stipulations of our accreditation
standards that we are an accredited museum by the American Association of Museums for curatorial
expertise, that’s what we do (not audible – too far from the microphone)
Wax: Thanks, we may be needing your help.
Roberts-Douglass: (not audible)
Page 9 of 10 Pages
Wax: Good, Thank you, anybody else? Gentleman, thank you very much for coming we appreciate
it very much
Leshin: sure thing.
Wax: If there is a question we didn’t ask, please tell us what that is.
Leshin: I don’t know of any, but if any questions do come up afterwards, Bill (Walston) knows how
to get a hold of me or you can contact me directly.
Walston: You can give Irma your email
Leshin: Sounds great, I’m usually the suspect.
Wax: That’s Irma Parker right there on the end.
Leshin: That’s who I talked to the first time.
Parker: I thought it was a joke.
Wax: No, it’s no joke. And in the absence of further questions thank you all.
III.
ADJOURNMENT
Upon a motion duly made and seconded, the meeting was adjourned at 3:30 p.m.
ATTEST:
Page 10 of 10 Pages
From: Marsha [[email protected]]
Sent: Wednesday, March 09, 2011 4:00 PM
To: Irma Parker
Subject: Re: Rockport Market Days
I would like to request on behalf of the RHDA, approval for the dates below for
businesses in the Heritage District to hold a sidewalk sale:
2011 March 26, April 30, May 7, May 28, June 18, July 30, August 27,
September 24, October 29, November 26, December 17; 2012 January 28.
Thank you,
Marsha Reid
Secretary RHDA
...a special Cind of
caring
March 11, 2011
Mrs. Irma Parker
City Secretary
City of Rockport
622 E. Market Street
Rockport, TX 78382
Dear Mrs. Parker:
As you may know, AIM f l ~ k m i sa local, non-profit agency dedicated to serving the
needs of terminally ill patients and their family members. We have been providing
compassion and care to this population for more than 24 years. In honor of National
Hospice Month, we are planning our S e c m d A n a u d R ~ m R -m5 K Rw&Z
-MLbW& as a community awareness and health-related event on
Saturday,, November 5, 2011.
Please use this as our official request for the City Council to consider at its next
regularly scheduled meeting the closure of streets to ensure the safety of our
participants. The run will follow a course similar to the City's Whooping Crane Strut:
Race route begins and ends in Rockport Beach Park; 5 K runmrs exit Park on
Seabreeze Dr., continue on Concho, turn east into North-bound lane of Austin
St, turn-around at intersection with North St, and return to Beach Park.
To accomplish this, we are requesting closure from 7:00 to 9:30 a.m. on Saturday,
November 5, 2011of the following streets:
Intersections of Laurel Street and Seabreeze, Chamber Drive at Seabreeze &
Veteran's Memorial Dr.; Concho St. and Navigation Circle; Concho St. at
Broadway and North-bound Austin St.; Peter St. and North-bound Austin St.;
North St. and North-bound Austin St.
We had excellent cooperation from many of the City's departments last year in the
staging of the run and its successful execution. Kudos to the staff at City Hall, Parks &
Leisure Services, Street & Public Works, Beach Operations, and Police. If you have
any questions about this request, please contact me at 361.729.0507 or by email at
[email protected] . I will look fonnrard to hearing from you about the Council's
decision. Your attention to this matter is greatly appreciated.
Pat ~oussdau.
Volunteer Coordinator
703 E. Concho Street
P.O. Box 2300
Rockport, Texas 78381 (361) 729-0507
www.aim hospice.org
1-800-854-2674
Fax (361) 727-2354
Rockport– Fulton
Chamber of Commerce
Dream “BIG” Report
ROCKPORT CITY COUNCIL
Regular Meeting: Tuesday, March 22, 2011
AGENDA ITEM: “B ”
Presentation, general discussion and acceptance of the Comprehensive Annual Financial
Statement for FY 2009-2010 by City Auditor Michael Arnold, CPA, in accordance with
Government Auditing Standards.
SUBMITTED BY: Finance Director Jacky Cockerham 3/14/2011
FISCAL ANALYSIS: N/A
APPROVED FOR INCLUSION ON THE AGENDA: TJB (14)
SUMMARY STATMENT: Michael Arnold, CPA, the City Auditor, has completed his annual
independent audit of the City’s financial records. The Comprehensive Annual Financial
Statement for the Fiscal Year ending September 30, 2009 is attached.
Mr. Arnold states in his Independent Auditor’s Report, based on the audit of financial statements
in accordance with Government Auditing Standards no instances of noncompliance were
observed and no matters involving the internal control over financial reporting and operation
were found to be of material weakness.
Mr. Arnold will be present at the Council Meeting to review the Comprehensive Annual
Financial Statement with Council.
PLEASE NOTE – Copies of the Audit will be delivered on Monday, March 31, 2011. igp
BACKGROUND: State Law requires at the close of each fiscal year but no later that 180 days,
an independent audit shall be made of all accounts of the City government by a certified public
accountant selected by the governing body.
_____________________________________________________________________________
FISCAL ANALYSIS: Mike Arnold CPA was awarded a three year contract to perform
auditing service by Council in September 2009.
STAFF RECOMMENDATION: City Council accept the Comprehensive Annual Financial
Statement for FY 2009-2010.
09-10 Audit Presentation
AGENDA ITEM: “C ”
Deliberate and take action to accept donation of two benches to be located on Austin Street from
Key Allegro Garden Club and sisters Bobbi Wagoner and Michell McMahon.
SUBMITTED BY: Finance Director Jacky Cockerham 3/14/2011
APPROVED FOR INCLUSION ON THE AGENDA: TJB (16)
SUMMARY STATMENT: Attached are copies of checks from Key Allegro Garden Club and
sisters Bobbi Wagoner and Michell McMahon donating the funds to buy two benches for Austin
Street. The benches have been ordered and expected delivery time is 7-9 weeks.
BACKGROUND: There have been a number of individuals who have made donations in
memory of loved ones to the City. These funds have been used to purchase benches at the beach,
parks and now the Austin Street area. Funds have also been donated in the past for a gazebo at
the Community Aquatic Park, and a Memorial Fountain for the Austin Street. To make a clean
audit trail for the acceptance and use of these funds a separate fund has been established for
donations. Currently the memorial fountain line item has $3,137.79.
STAFF RECOMMENDATIONS: Accept the donations from Key Allegro Garden Club and
sisters Bobbi Wagoner and Michell McMahon to purchase benches for Austin Street.
Donation Acceptance
CITY COUNCIL AGENDA
AGENDA ITEM “D”
Deliberate and take action to accept Certification of Unopposed Candidate by the City Secretary
for the May 14, 2011 General Election.
Deliberar y tomar medidas para aceptar la Certificación de Candidatos Únicos, preparada por
la Secretaria Municipal para las Elecciones Municipales Generales del 11 de mayo de 2011.
SUBMITTED BY: City Secretary Irma Parker
APPROVED FOR INCLUSION ON AGENDA: TJB (14)
SUMMARY STATEMENT: As soon as possible after the deadline for declaration of write-in
candidacy, if no candidate in the election is opposed on the ballot or by a declared write-in
candidate, the city secretary must deliver to the city council a certification that each candidate for
office is unopposed [EC §2.052]. Upon receiving the certification, the city council, may, declare
the unopposed candidates elected to office, in which case the election is canceled [EC
§2.053(a)]. Although the statute requires that the city secretary make the certification to the city
council, the city council is given discretion in declaring unopposed candidates elected. The city
council may hold the election regardless of the unopposed status of the candidates.
If the city council determines not to hold the election, the order declaring the unopposed
candidates elected must be posted on election day at each polling place that would have been
used in the election [EC §2.053(b)].
The statute provides that a certificate of election is issued to each candidate who is declared
elected, “in the same manner and at the same time as provided for a candidate elected at the
election” [EC §2.053(c)]. Candidates elected through cancellation must also qualify for office
and take the oaths of office the same as candidates elected at an election.
STAFF RECOMMENDATION: City Council accept Certification of Unopposed Candidate
for the position of Council Member Ward 3 for the May 14, 2011 General Election.
2011 Election Cancel Certification.doc
Page 1 of 3 Pages
CERTIFICATION OF UNOPPOSED CANDIDATES
I, Irma G. Parker, certify that I am the city secretary of the City of Rockport, Aransas
County, Texas and the authority responsible for preparing the ballot for the May 14, 2011
General City Election. I further certify that no proposition is to appear on the ballot at the
election, no person has made a declaration of write-in candidacy, and all of the following
candidate is unopposed:
Paul L. Lippke – Council Member Ward 3
Dated this 22nd day of March, 2011.
City of Rockport
Page 2 of 3 Pages
CERTIFICACIÓN DE CANDIDATOS ÚNICOS
Yo, Irma G. Parker, certifico que soy la secretaria municipal de la Ciudad de Rockport,
Condado de Aransas, Texas, y que soy la autoridad responsable de preparar la boleta de votación
para las Elecciones Municipales Generales del 14 de mayo de 2011. Además, certifico que
ninguna proposición aparecerá en la boleta de votación, que ninguna persona ha hecho una
declaración de candidatura no oficial, y que todos los candidatos con candidatos únicos:
Paul L. Lippke – Concejal del Distrito 3
Fechada este día 24 de marzo de 2011.
Irma G. Parker, Secretaria Municipal
Ciudad de Rockport
Page 3 of 3 Pages
REGULAR AGENDA: Tuesday, March 22, 2011
AGENDA ITEM: “E”
Deliberate and take action to approve the Friends of the Fulton Mansion State Historical Park’s
FY 2010-2011 1ST Quarter Hotel Occupancy Tax Report and authorize disbursement of 2nd
Quarter Funds in the amount of $2,500.00.
SUBMITTED BY: City Secretary Parker
BUDGET ITEM: 6602009
APPROVED FOR INCLUSION ON AGENDA:
SUMMARY: In Fiscal Year 2010-2011 Budget the City Council awarded the Friends monies
from the Hotel Occupancy Tax Fund. Below is their 1st Quarter Report and attached is copy of
an email advising that plans are moving forward for the Education & History Center.
Grant
Amount
1st Qtr
2nd Qtr
Total
CATEGORY
Education & History Center
$9,000.00 $58,000.00
$58,000.00
Homes Tour & Caroling
$1,000.00
$707.16
$707.16
$10,000.00
$0.00 $58,707.16
TOTAL
$58,707.16
EXPENSES
LIABILITIES
$62,455.45 $3,748.29
CASH ON HAND
Quarterly Payments
1st Qtr 11/10/2010
$2,500.00
2nd Qtr
3rd Qtr
4th Qtr
TOTAL PAYMENTS
$2,500.00
STAFF RECOMMENDATION: Approve Friends of the Fulton Mansion State Historical
Park’s FY 2010-2011 1st Quarter Hotel Occupancy Tax Report and authorize disbursement of 2nd
Quarter funds in the amount of $2,500.00.
______________________________________________________________________________________
HOT Qtr Friends.doc
Page 1
From: Marsha Hendrix [[email protected]]
Sent: Wednesday, March 09, 2011 1:34 PM
To: Irma Parker
Subject: HOT report
Attachments: Budget FY 10_11 Fulton2.xls
Irma,
I have struggled with how to do our report since we have been carrying a balance. I hope what I
did makes sense. The big news is that we have paid $ 58,000 from our HOT account to cover
part of the costs for the design and fabrication of the exhibits. Our balance is now significantly
less.
The other big news is that we will have the groundbreaking in May. You can tell everyone to
look for their invitations in April.
Please let me know if you have any questions or if I should do things differently.
Thanks,
Marsha
Marsha Hendrix, Ph.D.
Manager
Fulton Mansion S.H.S.
317 Fulton Beach Road
Rockport, TX 78382
361-729-0386 ext. 26
361-729-6581 (fax)
www.visitfultonmansion.com
Texas Historical Commission, Real Places Telling Real Stories
CITY COUNCIL AGENDA
AGENDA ITEM “F”
PASSED 3/8/2011: Deliberate and take action on request from Regina Kenney to waive fees
and charges in the amount of $203.70 for an Open Records Request.
SUMMARY STATEMENT: A governmental body may receive a request for a public record
that contains both publicly available and excepted information. The request from Regina
Kenney (see attached) does contain both publicly available and excepted information.
The request by Ms. Kenney is 597 pages, because there is excepted information contained in
these documents, Staff worked 8 hours redacting the excepted items. Ms. Kenney has requested
copies therefore; the total cost is $203.70. Ms. Kenney believes the information contained in her
Open Records request is in the public interest and that providing a copy of the information
primarily benefits the general public. She is requesting the City Council waive all fees and
charges associated with this request.
BACKGROUND:
The Texas Public Information Act (the “Act”) was adopted in 1973 by the Sixty-third
Legislature. Information in the possession of a governmental body is generally available to the
public. Section 552.002(a) defines “public information” as information “collected, assembled, or
maintained … by a governmental body,” or for such a body it if “owns…or has a right of access
to” the information.
A governmental body may always charge for copies when copies are requested. The allowable
charge is $.10 per page. If a request for copies results in more than 50 pages, labor and overhead
charges are allowed. If a request is for inspection of paper records and it requires a lot of work
to prepare the records then the governmental body may charge for labor and but not overhead
unless the governmental body has 16 or more full-time employees and (1) it will require more
than 5 hours to prepare the records for inspection and the records are older than 5 years; or (2) it
will require more than 5 hours to prepare the records for inspection and the records completely
fill, six or more archival boxes (about 24,000 pages).
FISCAL ANALYSIS:
Attached is the Summary of Costs associated with this request. The labor hours charged is for
redacting information only, not the collection of said documents.
OR Kenney Request.doc
Page 1 of 2 Pages
STAFF RECOMMENDATION:
City Council may decide that the information contained in Ms. Kenney’s Open Records request
(1)
primarily benefits the general public and waive said fees; or
(2)
does not benefit the general public and not waive said fees.
Should City Council approve Ms. Kenney’s request, this will set a precedent for future requests
for a personal copy of public information.
OR Kenney Request.doc
Page 2 of 2 Pages
March 10,2011
Ms. Regina Kenney
1207 S. Magnolia
Rockport, TX 78382
ADMl NlSTRATlON
REFERENCE: RECORDREQUEST- TO WAIVEFEES
622 E.
Market Street
Rockport, Tx. 78382
Mayor & City Council
City Manager
City Secretary
Finance Office
Municipal Court
Parks & Leisure Services
Utility Customer Service
Dear Ms. Kenney:
This is to advise you that the Rockport City Council will address your
request to Waive Fees on your Open Records Request at the Tuesday, March
22, 2011 City Council Meeting. Meetings are held at 6:30 p.m. at the
Rockport City Hall, 622 E. Market Street.
Phone: 361 -729-22 13
Fax: 361 -790-5966
Fax: 361 -790-1 165
CITY HALL ANNEX
Rockport, Tx. 78382
If you have any questions, please do not hesitate to contact me at 729-2213
via facsimile at
extension 225, via e-mail at c i t v s e-c ~ , c i ~ o f i o c k ~ . coro m
790-5966. Thank you.
Building & Inspections
Building Permits
Code Enforcement
Phone: 361 -790-1 155
Fax: 361 -729-6476
Inspection Request Line:
361 -790-1 177
I
Sincerely,
PUBLIC S A F M CENTER
Police Department
7 14 E. Concho Street
Rockport, Tx. 78382
Phone: 361 -729-1 11 1
Fax: 361 -790-1 1 18
PUBLIC WORKS SERVICE CENTER
402 E. Laurel Street
Rockport, Tx. 78382
Building Maintenance
Fleet Maintenance
Streets & Drainage
Water & Wastewater Utility
Phone: 361 -790-1 160
Fax: 361 -729-7672
ROCKPORT BEACH PARK
2 12 Seabreeze Drive
Rockport, Tx. 78382
Beach Operations
Pavilion & Park Rentals
Beach Concessions
Phone: 361 -727-21 58
Fax: 36 1 -727-9393
Toll Free: 877-929- 7977
COMMUNITY AQUATIC PARK
2001 Stadium Drive
Rockport, Tx. 78382
Pool Operations/Rentals
& Swim Classes
Phone: 361 -727-9989
Irma G. Parker
City Secretary
IGP
February 21,2011
Ms. Regina Kenney
1207 S. Magnolia
Rockport, TX 78382
ADMINISTRATION
Reference: Public Information Request No. OR 02115/20 11- Kenney
Rockport, Tx. 78382
Mayor & City Council
City Manager
City Secretary
Finance Office
Municipal Court
Utility Customer Service
Phone: 361 -729-22 13
Fax: 361 -790-5966
Fax: 361 -790-1 165
Dear Ms. Kenney:
This letter responds to your public information request to the City of Rockport
dated January 16, 20 11 but received on Tuesday, February 14, 201 1. You
requested the following:
1)
All documents, letters, photographs, memoranda, reports, dash-cam videolaudio,
police investigative notes, responding officer statements, supervisor
reports/statements, electronic mail, status reports, statements from emergency
responders, to-wit the statements regarding strangulation marks on Mrs. Kemey's
neck and other serious bodily injuries, and any other material evidence pursuant
to the investigation of the Assault Impeding CirculationlAssault on Disabled
person which occurred December 26, 2010, involving suspect
and
2)
All above-referenced information on all reported family violence assault cases
investigated by Rockport Police Department for the last 2 years along with any
disposition information that is public record.
CITY HALL ANNEX
90 1 E. Main Street
Rockport, Tx. 78382
Building & Inspections
Building Permits
Code Enforcement
Phone: 361 -790-1 125
Fax: 36 1-729-6476
Inspection Request Line:
361 -790-1 177
PUBLIC SAFETY CENTER
Police Department
7 14 E. Concho Street
Rockport, Tx. 78382
Phone: 361 -729-1 11 1
Fax: 361 -729-3461
PUBLIC WORKS SERVICE CENTER
402 E. Laurel Street
Rockport, Tx. 78382
Building Maintenance
Fleet Maintenance
Streets & Drainage
Water & Wastewater Utility
Phone: 361 -790-1 160
Fax: 36 1-729-7672
ROCKPORT BEACH PARK
2 7 2 Seabreeze Drive
Rockport, Tx.
78382
Beach Operations
Pavilion & Park Rentals
Beach Concessions
Phone: 361 -727-2 158
Fax: 36 1-727-9393
Toll Free: 877-929-7977
COMMUNITY AQUATIC PARK
200 1 Stadium Drive
Rockport, Tx. 78382
Pool Operations/Rentals
& Swim Classes
Phone: 361 -727-9989
Because the cost to fulfill your request will exceed $40.00, the City must
provide an itemized statement of estimated charges.
The Cost Estimate Statement is enclosed. Payment is not due at this time.
An alternative, less costly, method allows you to choose to have access to this
public information or copies of the information, or both. These documents can
be available for inspection without charge. During your viewing appointment,
you may flag those items which you wish to duplicate and will be charged for
those copies only at a fee based on the current Texas Building & Procurement
Commission guidelines. You may contact the City Secretary Department at
729-2213 ext 225 to set an appoint to access your requested documents. For
appointments to view, we ask that you give the City a 24-hour notice.
On Thursday, February 17thI called your attorney, Mr. Steve Fischer, and your
cell phone (557-4366) to discuss the status of your request. Since we did not
hear from you, I placed another call to you on Monday, February 2 1,20 11 and
informed you that the estimate for records would be $203.70. You indicated
that you wanted the fees waived because you opine that the information
2/15/2011 OR Kenney
Page 2 of 2 Pages
Benefits the general public, therefore you request a waiver of fees. This is to advise you that the City
Council will consider your request for a waiver of fees at the March 8, 201 1 regular City Council
Meeting. Meetings are held at Rockport City Hall, 622 E. Market St, at 6:30 p.m.
Under certain conditions, the City may require a deposit before beginning to retrieve and prepare the
information for you to review or receive. For example, a deposit may be applied if the cost to make the
information available exceeds $100.00, or the information is older than five (5) years old, or the
information will fill six (6) archival boxes and more than five hours is estimated to make the
information available. This deposit amount will be 50% of the entire estimated amount and will be
reflected in the enclosed cost estimate.
Occasionally, after starting the work, but before making the information available to you, the City may
find that the actual cost will exceed the initial estimate. In this case, if the cost estimate exceeds more
than 20% above the estimated amount, the City will issue a new cost estimate for approval. You must
respond to the adjusted statement within 10 business days or your request will be considered
withdrawn. If the actual cost is below or it exceeds the estimated amount, but by no more than 20%,
the cost will be adjusted in the invoice.
If the records or data you are requesting includes identifying information or social security numbers of
a living person [and you do not maintain a special right of access to this information], the City will
withhold this information by masking or removing it from the record before releasing it to you. The
City must protect this information under the Texas Public Information Act and is authorized to do so
without requesting a decision from the Texas Attorney General. (Open Records Decision No. 634
(1995); TX Government Code $552.114, $552.147, and $552.108(a)(l), (b)(l)).
This letter details the procedures for charges of copies of the material and notification that the waiver
of fees will be addressed by the City Council. If you have any questions, please feel free to give me a
call at (36 1)729-2213 ext. 225 or via e-mail at citysec@,cityofiockport.com.
Irma G. Parker
City Secretary
Enclosure: Cost Estimate Statement
Cc:
Tim Jayroe, Police Chief
William G. Walston, Jr., City Attorney
Steve Fischer, Attorney at Law, 139 Ocean Drive, Rockport, TX
OPEN RECORDS SUMMARY OF COSTS
REQUESTOR'S NAME: FischerlKenney
Date: 21171201I
No.
Standard-size Paper Copies
Non-Standard Size Copies
Audio Cassette
Diskette
DVD
Paper (1 1117)
Personnel Cost
Overhead Charges
597 @
@
@
@
@
@
@
0@
@
@
@
Cost
$0.10 /page
$l.OOIeach
$l.OOleach
$1.00 leach
$0.50 /page
$15.00 hour
20% personnel costs
$3.50
$3.50
$5.00
$5.00
leach
leach
leach
leach
Mileage to Print Shop
Roundtrip
Personnel Cost
Overhead Charges
Programming
8 @
$120.00 @
@
$15.00 hour
20% personnel costs
$26.00 hour
PostageIShipping
Actual Cost
Requires Postage PaidISelf-Addressed Envelope Carrier
Facsimile Charges
Local
Long DistancelSame Area Code
Long DistanceIOther Area Code
@
@
@
$0.10 /page
$0.50lpage
$l.OOIpage
TOTAL
Note: Maps can not be faxed
OTHER:
Deposit Required
To City Council for Waiver of Fees per Requestor 31812011
Date Submitted: 2113/07
Approved by:
TOTAL
$59.70
Page 1 of 1
lrma Parker
From:
Miranda Trammel1
Sent:
Tuesday, February 08,201 1 1:17 PM
To:
Irma Parker
Subject:
RECORDS REQUEST
Attachments: Miranda Trammell.vcf; RECORDS REQUEST..doc
Hi Irma, I just received this records request today. In reference to the first part of the request she wants a
full copy of her domestic assault, she was the victim. The problem is the case is still open; it has not
been closed or cleared yet. The suspect has not been arrested on her case at this time. The second part of
her request is going to take some time. She wants all domestic disturbance cases for the past 2 years as
well as the dispositions on them. She is also wanting all this documentation fees waived. Let me know
what you think. Thank you, Miranda
C/O Steve Fischer, Attorney at Law
Regina Kenney
139 Ocean Dr.
Rockport, TX 78382
36 1-557-4366
Jan 16,2011
Attention: Tini Jayroe - Chief of Police
714 E. Concho St
Rockport, TX 78382
Ph. (361) 790-1101
Dear Officer for Public Records:
This request is made under the Texas Public Information Act, Chapter 552, Texas Government
Code, which guarantees the public's access to information in the custody of governmental
agencies. I respectfully request copies of, and access to, the following information within the 10day statutory requirement:
Please include: all documents, letters, photographs, memoranda, reports, dash-cam video/audio,
police investigative notes, responding officer statements, supervisor reports/statements,
electronic mail, status reports, statements from emergency responders, to-wit the statements
regarding strangulation marks on Mrs. Kenney's neck and other serious bodily injuries, and any
other material evidence pursuant to the investigation of the Assault Impeding Circulation/Assault
on Disabled Person which occurred December 26, 2010, involving suspect-
_Additionally, please provide all above-referenced information on all reported family violence
assault cases investigated by Rockport Police Department for the last 2 years along with any
disposition information that is public record. I understand the names of the victims and suspects
are confidential and therefore request you eliminate these names from the requested information.
Disclosure of this information is in the public interest; providing a copy of the information primarily
benefits the general public. I therefore request a waiver of all fees and charges pursuant to
Section 552.267 of the Act.
I shall look forward to hearing from you promptly, as specified in the law. Thank you for your
cooperation.
Respectfully,
<ORIGINAL SIGNED>
Regina Kenney
CITY COUNCIL AGENDA
AGENDA ITEM “G”
Deliberate and take action on proposed Interlocal Assistance Agreement with Coastal Bend
Council of Governments for establishment and participation in the Regional Environmental
Enforcement Task Force.
SUMMARY STATEMENT: The Coastal Bend Council of Governments (CBCOG) with the
support of the Texas Commission on Environmental Quality (TCEQ) and the Coastal Bend Solid
Waste Advisory Committee (SWAC) wish to create a regional environmental task force to
address the issues of illegal dumping and environmental crimes in our region.
BACKGROUND: The Coastal Bend Regional Environmental Task Force (RETF) would be a
multi-jurisdictional law enforcement effort of local government agencies in the Coastal Bend
area of South Texas. This group is being formed to address the problem associated with illegal
dumping and other environmental crimes. Task Force Members assist one another on
investigations in the Coastal Bend Region through an Interlocal Agreement. The Task Force
cannot proceed without the consent of the Elected Officials in the Region. In order for the Task
Force to be successful it must have multi-jurisdictional participation.
FISCAL ANALYSIS: Section XIV – Payments; The party or parties paying for the
performance of governmental functions or services shall make payments from current revenues
available to the paying party.
STAFF RECOMMENDATION: The City Council approve the Interlocal Assistance
Agreement with the Coastal Bend Council of Governments for the establishment and
participation in the Regional Environmental Enforcement Task Force.
Interlocal Agreement CBCOG.doc
Page 1 of 1 Pages
Coastal Bend Council of Governments
March 3,20 11
RECEIVED
City of Rockport
622 East Market Street
Rockport, Texas 78382-2530
CITY SECRETARY
RE: Formation of a Regional Environmental Enforcement Task Force
Dear Mayor Wax:
The Coastal Bend Council of Governments (CBCOG) with the support of the Texas Commission
on Environmental Quality (TCEQ) and the Coastal Bend Solid Waste Advisory Committee
(SWAC) would like to create a regional environmental task force to address the issues of illegal
dumping and environmental crimes in our region.
The Coastal Bend Regional Environmental Task Force (RETF) would be a multi-jurisdictional
law enforcement effort of local and government agencies in the Coastal Bend area of South
Texas. This group is being formed to address the problem associated with illegal dumping and
other environmental crimes. Task Force Members assist one another on investigations in the
Coastal Bend region through an Interlocal Agreement.
CBCOG would provide centralized coordination for the Task Force with future funding through
the TCEQ Solid Waste grants. Members of the RETF would also coordinate on investigations
with members of the Texas Environmental Enforcement Task Force.
In addition to coordination on case investigations, the RETF provides support for its members in
the areas of technical expertise, outreach and education, and training in environmental laws.
The SWAC held a presentation on November 17, 2010 and on Wednesday, February 16, 201 1
for the regions law enforcement officials, TCEQ, EPA and other interested parties. On February
25, 201 1, I gave a presentation to the COG Board during a regular session meeting to let
Officials know what the SWAC and other entities would like to do with a task force in our
region. I have included a list of attendants to the November 20 10 and February 201 1 meetings to
show which communities and counties have been interested and are willing to participate should
their Officials allow. The Task Force cannot proceed without the consent of the Elected
Officials in our Region.
I have included a copy of the Interlocal Agreement that was discussed at the COG Board
Meeting on February 25, 201 1. If you are willing to have your community or county participate
Location: 2910 Leopard Street
Mailing Address: P.O. Box 9909
361-883-5743
Corpus Christi, Texas 78469
oastal Bend Council of Governments
please sign and return the last sheet to the Coastal Bend Council of Governments. In order for
our Task Force to be successful we must have multi-jurisdictional participation. Please join us.
Please do not hesitate to contact me if you have any questions or concerns. I can be reached at
36 1-883-5743, extension 204 or by email at Theresa@,cbcog98.org.
Sincerely,
Theresa Finch, P.G.
Environmental Coordinator
Location: 2910 Leopard Street
Mailing Address: P.O. Box 9909
361-883-5743
Corpus Christi, Texas 78469
November 1 7, 201 0 Meeting Attendants
~ennjsDewitt, Bee County Commissioner
Jennifer Ruiz, City of Alice Code Enforcement Officer
Buddy Hardy, City of Beeville Code Enforcement Officer
Lanny Holland, City of Beeville Code Enforcement Director
Reggie Winters, City Manager, City of Aransas Pass
Gary Mysorski, City of Port Aransas Parks Department
Ron Fritz, Bee County Community Affairs
Kendra Baird, City of Rockport Environmental Specialist
Dianne Leubert, Kingsville private citizen
James Jackson, Aransas County Code Enforcement Director
Sinoel Contreras, Secretary of State Office, Ombudsman Nueces County
Roger Potts, TCEQ Environmental Crimes Unit Investigator Region 14
Sidney Parker, Travis County Sheriff Department Environmental Crimes Unit
Bill Hennings, Corpus Christi private citizen
Thomas Touchstone, San Patricio County Code Enforcement Director
Larry Murphy, San Patricio County Code Enforcement Officer
Eric Cuevas, City of Corpus Christi
Andrea C. Bierstadt, Mayor of Freer
Jonie Fernandez, City of Freer
Ben Anderson, Texas DSHS
Tracey Cantu, City of Corpus Christi Neighborhood Services, Code Officer
Chief Scott Burroughs, City of Port Aransas Police Department
Roger Bennett, TCEQ Environmental Crimes Unit
Carey Dietrich, City of lngleside Code Enforcement Officer
DelMontra Rainey, U.S. EPA-CriminalJustice Division - Houston
Bill Killian, CC Disposal Company
Robert Lugo, Nueces County Environmental Enforcement Officer
Diana McCoig, TCEQ Region 14 Solid Waste Permitting Division
Brad Genzer, TCEQ Region 14 Solid Waste Permitting Division
William Donnell, City of Kingsville
Naim Khan, City of Kingsville
Glenda Sweirc, TCEQ Region 14 Small Business Liaison
Pat Suter, Sierra Club
Mark Cantu, Nueces County Environmental Enforcement Officer
Lawrence Mikolajczyk, Coty of Corpus Christi Solid Waste Operations
Director
February 16, 201 1 Meeting Attendance
Robert Lugo, Nueces County Environmental Enforcement Officer
James Jackson, Aransas County
Greg Baron, City of Beeville Police Department
Dennis Dewitt, Bee County Commissioner
Mark Cantu, Nueces County Environmental Enforcement Officer
Bill Killian, CC Disposal Company
Ron Fritz, Bee County Community Affairs
Tracey Cantu, City of Corpus Christi Neighborhood Services Code Officer
Kendra Baird, City of Rockport Environmental Specialist
lsac Gonzales, City of Aransas Pass Code Enforcement Officer
Glenda Sweirc, TCEQ Region 14, Small Business Affairs Liaison
Jim Bowman, City of Corpus Christi Environmental Services
Sharon Lewis, City of Corpus Christi Environmental Services
Roger Potts, TCEQ Environmental Crimes Unit Investigator Region 14
Jimmy Wilson, City of Robstown Police Department
Chief Karl Van Slooten, City of Orange Grove Police Department
Thomas Touchstone, San Patricio County Code Enforcement Director
Larry Murphy, San Patricio County Code Enforcement Officer
Chris Carter, City of George West Police Department
David Zumora, City of lngleside Police Department
John Aguilar, Mayor City of Driscoll
David Jimenez, Aransas County Code Enforcement
Raymond Rodriguez, City of Driscoll Public Works
Johnny Carabajel, Bee County Code Enforcement Officer
David Lazano, City of Corpus Christi Water Department
James Garrett, City of Corpus Christi Police Department
Roberto Guerra, City of Alice Public Works
Chief Roy Salazar, City of Freer Police Department
Buddy Hardy, City of Beeville Code Enforcement Officer
Lanny Holland, City of Beeville Code Enforcement Director
Dipak Desai, Nueces County Public Works
INTERLOCAL ASSISTANCE AGREEMENT
REGIONAL ENVIRONMENTAL ENFORCEMENT TASK FORCE
This Agreement is made and entered into by and between the undersigned parties, including, but
not limited to Counties of leansas, Beq Brooks, Duval, Jim Wells, K d y , ~
~ Live Oak,
g
MW*
N m , Refbgio, San Patricio and the City of Rockport hereinafter collectively
referred to as the "Parties," pursuant to the Interlocal Cooperation Act, Texas Government Code
s791.001, et. Seq., and Chapter 362 of the Texas Local Governments Code.
WHEREAS, the illegal disposal of solid waste is a crime that has steadily increased in recent
years with landfill closures, rising disposal costs, and population growth; and
WHEREAS, the cost of cleanup places burdens on the public and private sector alike; and
WHEREAS, private individuals and business owners must pay to clean, haul, and dispose of
waste that has been illegally deposited on their property, and
WHEREAS, local governments and river authorities must pay for removal and disposal of illegal
dumping on public land, parks, roads, and right-of-way; and
WHEREAS, illegal dumping often contaminates water supplies, placing additional burdens on
the population in the form of health problems, medical expenses, and mitigation costs; and
WHEREAS, the Parties desire to address these problems within the Coastal Bend Council of
Governments by developing a comprehensive environmental enforcement task force program,
including violation identification, investigation, prosecution, and public awareness; and
WHEREAS, the Parties presently desire to pool their resources and coordinate individual efforts
in order to combat illegal dumping more efficiently and effectively;
NOW, THEREFORE, the Parties agree as follows:
I
FORMATION
The Parties by resolution or order enter into this Agreement to form a mutual aid law
enforcement task force to cooperate in criminal investigations and law enforcements. The
Parties hereby establish a Regional Environmental Enforcement Task Force (the 'Task Force").
The Task Force will pool its resources and coordinate individual efforts to combat illegal
dumping more efficiently and effectively. The Task Force will assist its members in
investigating, prosecuting, and preventing illegal dumping.
,
RESOURCES
The allocation of law enforcement and prosecution resources is a discretionary decision, which is
to be made by the governmental entity and official(s) who controls the resources. It is also
acknowledged that the allocation of law enforcement and prosecution resources is dependent on
the availability of funding and the resources in question. Subject to these expressly
acknowledged limitations, the Parties agree to endeavor to provide available law enforcement
and prosecution resources as requested in order to facilitate Task Force operations.
I11
TASKS
A.
The Parties will each appoint a representative to serve on a Board of Directors of the
Task Force.
B.
The Board will:
1.
2.
3.
4.
5.
6.
Elect a Chairperson from its membership;
Set the policy of the Task Force;
Receive reports concerning the activities of the Task Force;
Meet annually on a date selected by its chairperson and at other times as set by the Board.
Adopt and follow proper parliamentary procedures at each of its meetings;
Organize the Task Force to most effectively utilize Task Force resources in the
accomplishment of its objectives;
7. Appoint a Committee to develop standard operating procedures for the Task Force and
the Committee will submit the procedures to the Board for its approval;
8. Organize and implement Task Force operations;
9. Establish inter-agency flow charts, meetings schedules, and screening criteria;
10. Designate points of contact and determine agency responsibility; and
11. Elect a Task Force coordinator to coordinate the day-to-day operation of the Task Force.
IV
JURISDICTION
A.
The peace officers of the Parties, who are assigned to a Task Force operation, will have
the additional jurisdictional authority set forth in this Agreement.
B.
The jurisdiction conferred under this Agreement will include the power to conduct
investigations, make arrests without a warrant, to execute search warrants, and to take other
reasonable and necessary law enforcement actions for the purpose of and in the pursuit of
achieving Task Force objectives outside the jurisdiction from which the officer is assigned and
within the territory of a specific Task Force operation. All assigned officers will have the
investigative and arrest authority necessary to effectively cooperate in the attainment of the Task
Force objectives within the area covered by a specific Task Force operation.
Venue for the prosecution of a criminal offence under the Texas Health and Safety Code,
C.
the Texas Water Code, the Solid Waste Disposal Act, or other Texas law for a suit for i~junctive
relief brought in connection with any Task Force operation will be in accordance with applicable
law.
v
COORDINATION OF LAW ENFORCEMENT OPERATIONS
Each party will designate an individual to serve as a single point of contact for the
A.
purpose of coordinating law enforcement operations. The initial single points of contact are set
forth in Exhibit "A", which is attached hereto and made part of hereof. The Parties may change
the designated points of contact by delivering a notice to the other parties in accordance with the
terms of this Agreement.
The individuals, who act as the single point of contact, will also act as the liaisons
B.
between the Task Force and the law enforcement officials of the participating jurisdictions. The
Task Force Coordinator will notify the single point of contact of each jurisdiction to be involved
in a Task Force operation of the contemplated operation and will communicate with the single
points of contact to coordinate the day-to-day operation of the Task Force.
C.
The law enforcement agencies of the area where an arrest is made shall be notified of the
arrest without delay, and the notified agency shall make available the notice of arrest in the same
manner as if the arrest were made by a member of that agency.
VI
PEACE OFFICER COMPENSATION
A peace officer assigned to the Task Force shall receive from the assigning party the same
wages, salary, pensions, and other compensation, employment benefits, and rights, including
injury or death benefits, for the service as though the service had been rendered directly for the
party who assigned the officer to the Task Force. The officer is also entitled to payment for any
reasonable expenses incurred for travel, food, or lodging, while on duty outside the limits of the
territory or jurisdiction of the assigned party.
VII
ALLOCATION OF FUNDS
A.
A party to this Agreement shall not request reimbursement for any services performed
pursuant to this Agreement by another party to this Agreement.
All funds received and/or other property forfeited under the provisions of law and as a
B.
result of the activities of the Task Force will be shared by the parties participating in the specific
Task Force operation according to the provisions of applicable law and/or the agreement of the
participating parties or at the election of the participating parties may be forfeited to the Task
Force and held and used for a public purpose pursuant to Section s791.013 of the Texas
Government Code. The Task Force will provide custody and accounting of these funds and
assets in accordance with applicable law and the decision of the Task Force Board of Directors.
VIII
LEGAL RESPONSIBILITIES
A.
If any law enforcement officer assigned to the Task Force is cited as a defendant in any
civil law suit arising out of his or her official acts as a law enforcement officer assigned to the
Task Force, the officer will have the same benefits from the assigned agency that such law
enforcement officer would be entitled to receive of such civil action had arisen out of an official
act within the scope of his or her duties as an officer of and in the jurisdiction of the assigned
party.
B.
No party to this Agreement will be responsible for the acts of a law enforcement officer
of another jurisdiction, who is assigned to the Task Force, except as may be decreed against that
party by a judgment of a court of competent jurisdiction.
It is expressly understood and agreed that in the execution of t h s Agreement, no party
C.
waives, nor shall be deemed to waive, any immunity or defense otherwise available to it against
any claims arising in the exercise of governmental powers and functions.
D.
Each party to this Agreement waives all claims against every other party to the
Agreement for compensation for any loss, damage, personal injury, or death, occurring as a
consequence of the performance of this Agreement, except for acts in violation of law.
NON-PEACE OFFICER PERSONNEL
In the event that a party to this Agreement assigns any non-peace officer personnel to participate
in any Task Force operations, such personnel will have the rights to compensation and legal
defense provided to peace officers under Sections VI and VIII of this Agreement, provided
however, that nothing in this Agreement is intended to grant any law enforcement authority upon
any such non-peace officer personnel.
X
DISTRIBUTION OF ASSETS
Upon termination of this Agreement, all assets of the Task Force, including any real
A.
property or funds available due to forfeitures made in accordance with State and Federal law,
will be distributed on accordance with applicable law and the decision of the Task Force Board
of Directors.
Upon termination of this Agreement, equipment on loan to the Task Force by the
B.
agreement of a party will be returned to the appropriate party.
XI
TERM & COMMENCEMENT & ADDITIONAL PARTIES
This Agreement will commence upon execution by at least three (3) of the Parties and renew
automatically for consecutive one year periods unless terminated by amendment to this
Agreement. If less than all of the contemplated parties execute this Agreement prior to the
commencement of the Task Force operations, this Agreement will operate as an Interlocal
Agreement between the signatory parties at the time. Any governmental entities located in or
serving the CBCOG region not a party to this Agreement may execute a copy of this Agreement
and become party upon the approval of the Task Force Board of Directors.
XI1
LEGAL CONSTRUCTION
If any one or more of the provisions of this Agreement is held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any
other provision and the Agreement will be constructed without the invalid, illegal or
unenforceable provision.
XI11
TERMINATION
Any party may, upon written notice to all other parties, withdraw fiom this Agreement at any
time.
XIV
PAYMENTS
The party or parties paying for the performance of governmental functions or services shall make
payments therefore fiom current revenues available to the paying party.
xv
NOTICE
Any notice given hereunder by any party to the other parties shall be in writing and may be
effected by personal delivery in writing, by registered or certified mail, return receipt requested,
when mailed to the proper party, in care of the official signing this Agreement or by fax
transmission as agreed to by the Parties and as evidenced by a confirming return fax
transmission.
XVI
LEGAL CONSTRUCTION
Whenever the context of this Agreement requires, the masculine, feminine, or neuter gender and
the singular of plural number shall each be deemed to include the others. Any portion of this
Agreement held by a court of competent jurisdiction to be invalid, illegal, or ineffective shall not
impair, invalidate, or nullify the remainder of this Agreement, but the effect thereof shall be
confined to the clause, sentence, provision, paragraph, or article so held to be invalid, illegal or
ineffective.
XVII
ENTIRE AGREEMENT
This is the complete and entire Agreement between the parties with respect to the matters herein
and supersedes all prior negotiations, agreements, representations and understandings, if any,
provided. This Agreement may not be modified, discharged, or changed in any respect
whatsoever except by a further agreement in writing duly executed by the parties hereto.
XVIII
ADDITIONAL AGREEMENTS
The parties agree to execute such other and further instruments and documents as are or may
become necessary or convenient to carry out the purposes of this Agreement.
XIX
APPLICABLE LAW
This Agreement shall be constructed under the laws of the State of Texas. Any suits relating to
this Agreement will be filed in a district court of Nueces County.
XX
NO THIRD PARTY RIGHTS
Nothing in this Agreement, express on implied, is intended to confer upon any person, other than
the parties hereto, any benefits, rights, or remedies under or by reason of this Agreement.
XXI
MULTIPLE COUNTERPARTS
This Agreement may be executed simultaneously in one or more counterparts, each of which
shall be deemed an original and all which together constitute one and the same instrument. In
like manner, from and afier the time it executes a consent or like document authorized or
required by the terms of the Agreement, such consent or other document shall be binding upon
such party.
Resolved, Ordered, and Executed as of the dates set forth below.
CITY OF ROCKPORT
Date:
AGENDA ITEM: “H”
Deliberate and take action on report from Aransas County Council on Aging for marketing
expenditures made for Bountiful Bowl Pottery Fair/Rockport Clay Expo held February 5, 2011
and authorize disbursement of funds in the amount of $1,500.00 from the Hotel Occupancy Tax
Fund for the event pursuant to contract agreement.
SUBMITTED BY: City Secretary Parker
BUDGET ITEM: 6602043
SUMMARY: At the June, 2010 Hotel Occupancy Tax Budget Workshop, representatives from
the Aransas County Council on Aging presented a request to assist with funding of their annual
event. Upon approval of Fiscal Year 2010-2011 Budget the City Council awarded ACCA the
requested $1,500.00 funding. The 2010/11 Hotel Occupancy Tax Contract – Single Sum
Payment for the Bountiful Bowl Potter Fair/Rockport Clay Expo has been signed and approved
(copy attached).
Attached is letter dated March 15, 2011 from Executive Director Mary Ellen Nies advising that
marketing expenses totaled $4,965.77. Data relating to attendance – local, out-of-town, etc.,
total cost of event is provided for Council review.
STAFF RECOMMENDATION: Approve report from Aransas County Council on Aging for
marketing expenditures made for Bountiful Bowl Pottery Fair/Rockport Clay Expo scheduled for
February 5, 2011 and authorize disbursement of funds in the amount of $1,500.00 from the Hotel
Occupancy Tax Fund for the event.
HOT_AC Council on Aging BB Report.doc
Page 1 of 1 Pages
ARANSAS COUNTY COUNCIL ON AGING
912 S. CHURCH STREET RMXFQRT,
361-729-952
TEXAS 78382
RECEIVED
March 15,2011
1
#
City of Rockpat
Rockport, Texas 78382
Dear Inma.
I am enclosing the rep& for the hotel/motel h d s for the BountXbl Bowl Potter Fair
2011. The wealher was a challenge with all of the major roads including the Harbor
Bridge to Corpus being iced over. In spite of this, we had an enthusiastic crowd and
things were happing in town as a result of the various events.
~~
our efforts to attract people to our hotels and shopping.
We thank the city for
Visitors bought lots of pottery from the artists and local galleries and shops reported brisk
business. Our total paid md unpaid attendees was just over 800--downa bit h m prior
years due to the weatbm. We were thrilled with the outcome, as we had anticipated the
worst.
Please call me with any questions. I am enclosing a flyer and brochute for your files.
a
Sincerely,
Yky
L W
Mary Ellen Nies
Executive Director
Account QuickReport
June 1,2010 through March 15,2011
TW
Date
Retained Earnings
Closing Entry
Num
Name
Memo
Split
10121
R287...
3134...
3534
BLACK DOG PRO...
Victoria Advocate
ARANSAS COUNT...
Grunwald Printing
Grunwald Printing
Caller-Times
VICKI PITLUK
Herald Newspaper
Rockport Pilot-ADS
SOUTH J E W
AD FOR DRI...
Bountiful Bo...
Accounts Pay...
Accounts Pay...
Accounts Pay...
Accounts Pay.. .
Accounts Pay.. .
Accounts Pay...
Accounts Pay...
Accounts Pay...
Accounts Pay...
Accounts Pay...
1238
1235
1236
1237
EMILY BROWN
KATHl & ED ALON...
TAYLOR HENDRIX
BARBARA FRANC...
3RD PLACE ...
BEST OF SH...
FIRST PLAC...
2ND PLACE ...
Accounts Pay.. .
Accounts Pay.. .
Accounts Pay...
Accounts Pay...
credit due
Deposit
BB
bountiful bowl
Accounts Pay...
Accounts Pay...
First Victoria B...
Accounts Pay...
Accounts Pay.. .
Accounts Pay...
Accounts Pay...
FOR CHANGE
sales tax
Accounts Pay...
Accounts Pay...
Deposit
First Victoria B...
Deposit
First Victoria B...
9130110
Total Retained Earnings
LOCAL MATCH
Fundraisers
Bountiful Bowl Pottery Fair
Expenses
Advertising Expense
Bill
1112111
Bill
1118111
Bill
1118111
Bill
1125111
Bill
1125111
Bill
2/1/11
Bill
2/2/11
Bill
a22111
Bill
314111
Bill
319111
12953
12927
R46494
1233
BOUNTIFUL ...
INSERTS(B...
brochures
Total Advertising Expense
AwardsIPrizes
2/2/11
2/2/11
2/2/11
2/2/11
Bill
Bill
Bill
Bill
Total AwardsIPrizes
Bill
Bill
Deposit
Bill
Bill
Bill
Bill
Food Concessions-E
a3111
2/3/11
a8111
2/8/11
a24111
319111
319111
H.E.B.
H.E.B.
02/16...
2/28/...
2/28/...
PElTY CASH
Wal-Mart
H.E.B.
H.E.B.
Total Food Concessions-E
Misc.Expenses
2/2/11
213111
Bill
Bill
1234
PAT LIZCANO
H.E.B.
Total Misc.Expenses
Total Expenses
Income
Admissions
Deposit
218111
Total Admissions
Deposit
Advertising Support
1l7111
Total Advertising Support
Bill
Food Concessions-l
2124111
02/16...
Accounts Pay...
Wal-Mart
Total Food Concessions-l
Deposit
Silent Auction
a8111
Deposit
First Victoria B...
Deposit
Deposit
Deposit
Deposit
Deposit
Deposit
First Victoria B...
First Victoria B...
First Victoria B...
First Victoria B...
First Victoria B...
First Victoria B...
Total Silent Auction
Deposit
Deposit
Deposit
Deposit
Deposit
Deposit
Sponsorships
1011110
11119110
12110110
12123110
117111
1121111
Amount
Type
Date
- Num
Name
Memo
Split
Total Sponsorships
Deposit
Deposit
Deposit
Deposit
Deposit
Deposit
Deposit
Deposit
Deposit
Deposit
Deposit
Vendor Space Rental
1018110
10115110
10122110
10129110
1115110
11112110
11119110
1213110
1114111
1121111
2111111
Total Vendor Space Rental
Total Income
Total Bountiful Bowl Pottery Fair
Total Fundraisers
Total LOCAL MATCH
TOTAL
Deposit
Deposit
Deposit
Deposit
Deposit
Deposit
Deposit
Deposit
Deposit
Deposit
Deposit
First Victoria B...
First Victoria B...
First Victoria B...
First Victoria B...
First Victoria B...
First Victoria B...
First Victoria B...
First Victoria B...
First Victoria B...
First Victoria B...
First Victoria B..
Amount
2011 Bountiful Bowl
Texas Breakdown
Allen
Aransas Pass
Austin
Bay City
BeevClle
Boerne
Boling
Brazoria
Brownwood
Buda
Cedar Park
Corpus Christi
Cuero
Dallas
Denison
Dripping Springs
Falfurrias
Frederickburg
Friendswood
Georgetown
Granbury
Harlingen
Hewitt
Hobson
Houston
lngleside
Irving
Katy
Kingwood
LaPorte
Leander
Livingston
Midland
Morgan
New Braunfels
Odessa
Ovilla
Port Aransas
Port Lavaca
Portland
Red Oak
Richmond
Rockport-Fulton
San Antonio
2011 Bountiful Bowl Attendance
by Statelcountry based on Ticket Entries
Arizona
Arkansas
California
Canada
Colorado
Connecticut
Georgia
Illinois
Indiana
Iowa
Kansas
Maine
Michigan
Minnesota
Missouri
Nebraska
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Scouth Carolina
South Dakota
Texas
Vermont
Washington
West Virgina
Wisconsin
Wyoming
TOTAL
Seguin
Victoria
Wichita Falls
TOTAL
___________________------------------_-____--___-_-__-_-._-___----_--
,M
ROCKPORT POST OFFICE
ROCKPORT, Texas
783829998
4879830382-0099
01/14/2011 (361 )729-2642 04 :18 :10 PM
______________-_--_---__--_-__-_--_
____-___________--_--__--_----____
Product
Description
-
Sales Receipt
Sale Unit
Qty Price
Final
Price
SAN ANTONIO TX 78209
$2.38
Zone-2 Media Mai 1
9.60 oz.
Thetimelinessofserviceto
destinations outside the
contiguous U.S. may be affected
by the l i m i t e d a v a i l a b i l i t y of
transportation.
Issue PVI:
SMITHVILLE TX 78957
$2.38
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VICTORIA ADVOCATE
912 SOUTH CHURCH STREET
ROCKPORT, TX 78382
AMOUNT P f i O
TO ENSURE PROPER CREDIT
PLEASE DETACH HERE AND RETURN TOP POkTlON WITH PAYMENT
I
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THANK YOU WE APPRECIATE YOUR BUSINESS
VICTORIA ADVOCA
-
TERMS NET 30 DAYS. ALL PAST DUE ~ ~ A R G E
ARE
S SUBJECT TO A SERVICE CHARGE OF 1.5% PER MONTH, $1.OO MINIMUM.
01 THE ROCKPORT PlLOT - Pass
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Acct No: b0101562
ADS DATED 2118 ARE FOR 215 ISSUE.
Billing Date: 02128111
912 S CHURCH ST. (361) 729-5352
ROCKPORT, TX 78382-2307
COUNCIL ON AGING
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P.O. BOX 1117, Port Aransas, TX 78373 4 (361)749-5131
Southern Publishing Ink,
Transaction Period:
MARY ELLEN NlES
912 S CHURCH ST
ROCKPORT, TX
-
2111201 1
21281201 1
3534
2/28/2011
NET 30
$255.00
Account Number:
Billing Date:
Due Date:
Amount Due:
Amount Paid:
Please indicate reference number(s) to ensure proper credit:
..............................................................................................................................
Please return top portion with payment
STATEMENT
Previous
Balance
~
.
~
~
2/3/2011
~
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43102-002
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:
Amount Due:
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$255.00
$255.00
-
Gmwald
Prmting Co.
Aransas
Mary Ellen
912 S. Church Stree
Rockport, TX 78372
3,000
LOCAL MATCH:Fundraisers:Bountifu,
..
1BROCHURE (clay EXPO 'I I )
SSC
I
1
1,117.1200
1 ,I 17.12
Customer Code : 011812
lnvoice Number : 12927
lnvoice Date : 0112112011
lnvoice Amount : $ 1,! 17.12
Amount Paid :
Remit To:
1
'
Grunwald Printing Company
1418 Morgan Avenue, P. 0. Box 3219
Corpus Christi, TX 78463-3219
Remitter:
Aransas County Council On Aging
Mary Ellen
912 S. Church Street
Rockport, TX 78372
Customer Code : 011812
lnvoice Number : 12953
3m.39
lnvoice Date : 01/21/2011
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lnvoice Amount : $1,842-90
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Amount Paid :
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Grunwald Printing Company
1418 Morgan Avenue, P. 0. Box 3219
Corpus Christi, TX 78463-3219
Remitter:
Aransas County Council On Aging
Mary Ellen
912 S. Church Street
Rockport, TX 78372
ARANSAS COUNTY COUNCIL C
912 S CHURCH ST. (361) 729-5
PAY TO THE
OFDER OF
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LOCAL MATCH:Fundraisers: ,
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ARANSAS COUNTY COUNCIL (
PAY TO THE
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ROCKPORT, TX 78382-230;
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32 Hwy 35 N
Rockport, TX 78382
361 -790-9363
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361-729-5352
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ARANSAS COUNTY COUNCILO N A~ING
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ARANSAS COUNWCWNCIL ON AGING
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FEATURING T H E W O R K O F TEXAS' FINEST POTTERS
.
Qn;l Annual Bountiful Bowl Pottery Fair
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Saturday, February 5
I
Rockport-Fulton High School
10 am
- 4 pm
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Gallery Art Walk
February 5, I 0 am - 8 pm
February 6, I 0 am - 4 p m
Visit the wonderful art galleries in the Rockport Heritage District
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Pottery Demonstration Sunday, February 6
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Experience the Ancient Art of Raku, 2 pm 4 pm
-
-
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BOATYARD, INC.
I
CITY COUNCIL AGENDA
AGENDA ITEM “I”
Deliberate and take action on Resolution No. 2011-02, A Resolution of the City of Rockport
Establishing the Keeler Collection Acceptance Committee (KCAC) Dedicated to the
Planned
Acquisition of Public Art and Specifically the Cora Keeler Artwork and Sculpture Collection;
Set Committee Composition, Appointment, Term of Office, Compensation, Organization,
Conduct of Meetings, Purpose, Functions and Responsibilities; and Finding and Declaring That
the Meeting at Which This Resolution is Adopted was Open to the Public, That the Public Notice
of Time, Place, and the Subject Matter of the Public Business to be Considered was Posted as
Required by Law, Including This Resolution.
SUMMARY STATEMENT: On February 18, 2011, the City was advised that Cora T. Keeler
in FOURTH Article of her Will bequeathed her artwork and her sculptures to the City of
Rockport on the condition that the City provides a suitable building for the permanent display of
her artwork and sculptures within the earlier of two years of her date of death or one year of the
date that the City of Port Aransas formally rejects the bequest which was on or about February
15, 2011.
BACKGROUND: The City called a Special Workshop Meeting on Tuesday, March 8, 2011
and met with Cora Keeler Estate Representatives Paul S. Crozier, CPA, J.D, Vice President,
Financial Management Group, Frost Bank, and Richard L. Leshin, Welder Leshin Lorenz
McNiff Buchanan Hawn, LLP, Attorneys at Law, to hear the requirements and provisions for
acquisition of the Keeler Collection of artwork and sculptures. Representatives from the Texas
Maritime Museum and Rockport Center for the Arts were asked to attend this meeting to gather
information and expertise from these museum and art groups in Rockport. All participants at the
Workshop expressed a desire to work together to acquire the Collection and to research/
investigate the possibility of the City finding a suitable building for the permanent display of this
Collection.
Resolution No. 2011-02 is proposed to begin the discussion, research and plans for acquisition of
the Keeler Art Collection.
FISCAL ANALYSIS: Unknown at this time; however, to insure a $200,000+/- art collection,
TML has advised that the annual contribution for the “fine arts” would be $189.
STAFF RECOMMENDATION: City Council approve Resolution No. 2011-02.
Resolution No. 2011-02.doc
Page 1 of 4 Pages
RESOLUTION NO. 2011-02
A RESOLUTION OF THE CITY OF ROCKPORT ESTABLISHING THE
KEELER COLLECTION ACCEPTANCE COMMITTEE (KCAC) DEDICATED
TO THE PLANNED ACQUISITION OF PUBLIC ART AND THE CORA KEELER
ART AND SCULPTURE COLLECTION; SET COMMITTEE COMPOSITION,
APPOINTMENT, TERM OF OFFICE, COMPENSATION, ORGANIZATION,
CONDUCT OF MEETINGS, PURPOSE, FUNCTIONS AND RESPONSIBILITIES;
AND FINDING AND DECLARING THAT THE MEETING AT WHICH THIS
RESOLUTION IS ADOPTED WAS OPEN TO THE PUBLIC, THAT THE PUBLIC
NOTICE OF TIME, PLACE, AND THE SUBJECT MATTER OF THE PUBLIC
BUSINESS TO BE CONSIDERED WAS POSTED AS REQUIRED BY LAW,
INCLUDING THIS RESOLUTION.
WHEREAS, the City Council shall, by ordinance or resolution, prescribe the purpose,
composition, function, duties, accountability and tenure of each board,
commission and committee where such are not prescribed by law or stated in the
Home Rule Charter Article IX “Boards & Commissions”; and
WHEREAS, on February 18, 2011, the City was advised that Cora T. Keeler in Article
FOURTH of her Will bequeathed her artwork and her sculptures to the City of
Rockport on the condition that the City provides a suitable building for the
permanent display of her artwork and sculptures within the earlier of two years of
her date of death and one year of the date that the City of Port Aransas formally
rejects the bequest on or about February 15, 2012; and
WHEREAS, at the Tuesday, March 8, 2011 Special City Council Workshop Meeting, the City
Council met with Cora Keeler Estate Representatives Paul S. Crozier, CPA, J.D,
Vice President, Financial Management Group, Frost Bank, and Richard L. Leshin,
Welder Leshin Lorenz McNiff Buchanan Hawn, LLP, Attorneys at Law, to hear
the requirements and provisions for acquisition of the Keeler Collection of
artwork and sculptures; and
WHEREAS, the City Council recognizes the importance of the art community and art to the
Citizens of Rockport and wishes to see that the Keeler Collection permanently
displayed in the City of Rockport.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ROCKPORT, TEXAS THAT THE KEELER COLLECTION ACCEPTANCE
COMMITTEE (KCAC) IS HEREBY ESTABLISHED:
Section 1:
Composition; appointment; term of office
(a)
The KCAC shall be composed of six (6) members who shall be residents of the city and
who shall be appointed by the mayor; said Committee’s responsibilities will terminate as
of September 30, 2012 unless earlier decommissioned by action of the Rockport City
Council. Each member of the committee shall be appointed for the complete term of the
Page 2 of 4 Pages
KCAC. Whenever a vacancy shall occur, a successor shall be appointed in like manner to
serve for the remainder of such term. Any member who consistently fails to attend
meetings without good cause shown or without prior approval of the chairman of the
committee shall be automatically removed; and the vacancy shall be filled as herein
prescribed. The committee shall be composed of the following members:
1.
The Mayor of City of Rockport
2.
The Rockport City Manager, or designee
3.
Rockport Center for the Arts Board Chairman, or designee;
4.
One (1) landscape architect, architect, urban planner, or related design
professional;
5.
One (1) active professional artist, and
6.
One (1) private citizen, knowledgeable in the field of public art, education or
community affairs.
(b)
Serving as ex officio members shall be the Executive Director of the Rockport Center for
the Arts and CEO/Executive Director of the Texas Maritime Museum.
Section 2:
Compensation
Members of the KCAC shall not be entitled to compensation; members shall receive
reimbursement for any board-related business except travel to and from regularly scheduled and
specially called meetings. Such reimbursement shall be consistent with city policy.
Section 3.
Organization; conduct of meetings; legal counsel.
(a)
Organization. The presence of four (4) or more members of KCAC will constitute a
quorum.
(b)
Conduct of meetings. The KCAC shall adopt rules for governing the conduct of its
meetings in accordance with the provisions of this Resolution, and specifically:
1.
The Mayor of the City of Rockport will serve as the Chairman.
2.
Other officials of the KCAC shall be a vice-chairman and a secretary who
have been elected by the KCAC.
3.
The chairman of the KCAC may call meetings of the KCAC. Meetings
may also be called by written notice signed by at least three (3) members of
the KCAC.
4.
The KCAC shall convene no less frequently than once every month, unless
deemed unnecessary by the chairman with concurrence, either written, in
person, or telephonic, of a majority of the members of the KCAC. The
KCAC may meet more often, should the demand necessitate.
5.
The KCAC may, at any meeting, set a future meeting date.
6.
Minutes shall be kept of all meetings, including the vote of each member
upon each action by the KCAC.
7.
The city shall furnish administrative support necessary to prepare minutes,
correspondence and other written material.
8.
All meetings of the KCAC will be open to the public and in conformance
with the rules and regulations of the Texas Open Meetings Law.
Page 3 of 4 Pages
9.
(c)
The KCAC shall convene meetings at the Rockport City Hall.
Legal counsel. The city attorney shall provide legal counsel as may be reasonably
required by the KCAC for the performance of its functions.
Section 4:
Purpose, functions and responsibilities.
The purpose, functions and responsibilities of the public art committee are as follows:
1. The KCAC shall coordinate, investigate, review and recommend to the City Council
the means by which the Keeler Collection may be obtained, including other donations
of a public art fund, gifts of artwork, and grant application for public art projects.
2. The KCAC shall prepare implementation guidelines and organizational polices to
facilitate the acquisition of public art including the Keeler Collection.
3. The KCAC shall be responsible for program planning; designating sites, determining
project scope and budget; reviewing design, execution and placement of artworks;
and overseeing maintenance of the artworks and the process for removal of artworks
from the city’s public art collection.
4. The KCAC shall encourage public art throughout the city and shall educate and
stimulate the participation of all citizens in a joint public and private effort to promote
art in public places.
5. The KCAC shall adopt rules and regulations, including the creation of
subcommittees, to implement this Resolution.
6. The KCAC shall provide for the development, preservation, conservation,
documentation, study, presentation of the city’s public art for the benefit of present
and future generations.
Section 5. The Rockport City Council hereby finds, determines, and hereby declares that the
meeting at which this Resolution is adopted was open to the public, that the public notice of
time, place, and the subject matter of the public business to be considered was posted as required
by law, including this Resolution.
day of
INTRODUCED, READ, and PASSED by the affirmative vote on this the
2011.
ATTEST:
Page 4 of 4 Pages
CITY COUNCIL AGENDA
AGENDA ITEM “J”
TABLED FEBRUARY 8, 2011: Deliberate and take action on the 2011 Interlocal Agreement
between the City of Rockport and the County of Aransas for Animal Control Services for a
period beginning on January 1, 2011 and ending on December 31, 2011.
SUBMITTED BY: City Manager Thomas J. Blazek
APPROVED FOR AGENDA: TJB (14)
SUMMARY: Attached is the proposed Interlocal Agreement for Animal Control Services
between the City and the County. The following was added to the 2011 Agreement:
“2(c) COUNTY Animal Control Services provided to the CITY include, but are not limited to:
(1) Animal Control will respond to calls for service by residents of the CITY;
(2) Provide traps to CITY residents for the capture of stray animals;
(3) Remove dead domestic pets from CITY roadways and property dispose of the
carcasses.”
Aransas County Commissioner’s Court approved an amendment to the Agreement previously
passed by them to include the additional wording quoted above.
BACKGROUND: The minutes of the City Council meeting of February 8 reflect: MOTION:
Mayor Wax moved to Lay on the Table the 2011 Interlocal Agreement between the City of
Rockport and the County of Aransas for Animal Control Services for a period beginning on
January 1, 2011 and ending December 31, 2011 to allow Staff time to discuss and present
possible amendments to the Agreement with Aransas County for consideration and approval.
Council Member Lippke seconded the motion. Motion carried unanimously.
FISCAL ANALYSIS: The 2011 Interlocal Agreement charges Rockport 39% of the cost of all
Animal Control Services. In 2010, the charge was also 39%. Aransas County determines the
cost split by counting the number of calls for service from the City of Rockport, Town of Fulton
and the unincorporated area of Aransas County.
STAFF RECOMMENDATION: City Council adopt the 2011 Interlocal Agreement between
the City of Rockport and the County of Aransas for Animal Control Services for a period
beginning on January 1, 2011 and ending on December 31, 2011.
Interlocal Animal Services.doc
Page 1 of 1 Pages
THE STATE OF TEXAS §
§
COUNTY OF ARANSAS §
COMMISSIONERS’ COURT
INTERGOVERNMENTAL COOPERATION AGREEMENT
ANIMAL CONTROL
THIS AGREEMENT made and entered into by the COUNTY OF ARANSAS (“COUNTY”) and the CITY OF ROCKPORT
(“CITY”), each acting by and through its duly elected officials.
WITNESSETH:
WHEREAS, COUNTY and CITY are desirous of providing the residents with adequate animal control services; and
WHEREAS, COUNTY and CITY believe animal control services can best be provided by a cooperative effort which will result
in lower costs;
NOW, THEREFORE, Be It Mutually Agreed as follows:
1.
Animal Shelter, located at 872 Airport Road, shall be operated in a manner that meets the State Department of Health standards.
The Aransas County Sheriff will act as manager with COUNTY and CITY furnishing technical assistance, in-kind labor and other
assistance. The Ordinances of COUNTY and CITY will be upheld.
2.
(a) COUNTY will operate the facility and provide animal control service for CITY, as well as COUNTY. The Aransas County
Sheriff will select COUNTY’S Animal Control Officer, and CITY will designate that same person as its Animal Control Officer.
(b) COUNTY or CITY may withdraw upon giving ninety (90) days written notice to the other.
(c) COUNTY Animal Control Services provided to the CITY include, but are not limited to:
(1) Animal Control will respond to calls for service by residents of the CITY;
(2) Provide traps to CITY residents for the capture of stray animals;
(3) Remove dead domestic pets from CITY roadways and properly dispose of the carcasses.
3.
(a) A proposed budget will be prepared by the Aransas County Sheriff and furnished to CITY, and CITY’S input shall be
considered by the Commissioners’ Court of Aransas County in its approval of the Animal Control Budget.
(b) Aransas County will invoice the CITY for actual monies spent quarterly based upon the following percentage: Aransas
County--51%, City of Rockport--39%, and Town of Fulton--10%. Payment shall be made within 45 days from date of invoice.
(c) Any adjustment and re-invoicing of the cost of the operation for the period covered by this Agreement will be based upon the
annual audit of Aransas County.
(d) Annual adjustment of the percent paid by each party will be based upon the dispatch calls received from each jurisdiction
during the preceding July-June period.
4. This Agreement shall be in effect from January 1, 2011, until December 31, 2011.
PASSED AND ADOPTED by the ARANSAS COUNTY COMMISSIONERS’ COURT this the 14th day of March, 2011
ATTEST:
ARANSAS COUNTY, TEXAS
_____________________________________
PEGGY L. FRIEBELE, COUNTY CLERK
__________________________________________________
C.H. “BURT” MILLS, JR., COUNTY JUDGE
PASSED AND ADOPTED by the MAYOR AND ROCKPORT CITY COUNCIL on this the ____ day of ____________, 2011.
ATTEST:
CITY OF ROCKPORT
__________________________________
IRMA G. PARKER, CITY SECRETARY
__________________________________________________
CHARLES J. WAX, MAYOR
CITY COUNCIL AGENDA
AGENDA ITEM “K”
Deliberate and take action on Interlocal Cooperation Contract between the University of Texas at
Austin – Marine Science Institute, Mission-Aransas NERR and the City of Rockport for
architectural services, purchase, installation and construction of shade structures in the outdoor
courtyard at the Bay Education Center for a cost not to exceed $23,000.00 and authorize City
Manager Thomas J. Blazek to sign said Contract.
SUBMITTED BY:
City Secretary Irma Parker
SUMMARY STATEMENT: See attached letter from Sally Morehead, Reserve Manager –
Marine Science Institute Mission-Aransas NERR. A proposed Interlocal Cooperation Contract is
attached.
BACKGROUND: The Bay Education Center was built as a joint project between University of
Texas at Austin – Marine Science Institute, Mission-Aransas NERR, City of Rockport and
Aransas County Navigation District.
The referenced shade structures and railing were included in the original design, but deleted due
to cost. Funds from another source from UT-Austin became available which allowed these
projects to be restored.
FISCAL ANALYSIS: The total amount of this Contract shall not exceed $23,000.00 which
will be reimbursed to the City by the NERR.
STAFF RECOMMENDATION: Council approve the Interlocal Cooperation Contract
between the University of Texas at Austin – Marine Science Institute, Mission-Aransas NERR
and the City of Rockport for architectural services, purchase, installation and construction of
shade structures in the outdoor courtyard at the Bay Education Center for a cost not to exceed
$23,000.00 and authorize City Manager Thomas J. Blazek to sign said Contract.
Interlocal BEC.doc
Page 1 of 5 Pages
From: Sally Morehead [[email protected]]
Sent: Monday, March 14, 2011 10:32 AM
To: Tom Blazek
Cc: Irma Parker
Subject: Shade structures at Bay Education Center
Attachments: InterlocalCooperation_ShadeBayEduCenter.doc
Dear Tom,
I was too quick requesting the invoice for the shade structures at the Bay Education Center. I
assumed that we could pay them using the previous contract that the University had with the
City. We have to create another interlocal cooperation contract. If you are amenable could you
please review and sign the attached interlocal cooperation agreement? The agreement states that
the City will provide the following services to be reimbursed by the University: installation of
shade structures in outdoor courtyard, architectural design for shade on front deck, and
construction of shade structures on front deck.
If you recall, the cost for the shade sails in the courtyard was much less than estimated. We
received approval from NOAA to use the remaining funds to construct a shade structure on the
front deck. I have talked with Gignac Architects and they are creating a design. They assure me
that the design will be able to be constructed within our remaining budget. I have also conferred
with Teal Construction and received their guidance about materials and cost factors. We will not
move forward with the construction without your approval. Please let me know if you have any
questions.
Many thanks,
Sally Morehead
---------------------------------------------------------------------------------------------------------------------------Reserve Manager
Mission-Aransas National Estuarine Research Reserve
The University of Texas Marine Science Institute
750 Channel View Drive
Port Aransas, Texas 78373
(361)749-6771 ofc
(361)749-6777 fax
www.utmsi.utexas.edu/nerr
Interlocal BEC.doc
Page 2 of 5 Pages
INTERLOCAL COOPERATION CONTRACT
THE STATE OF TEXAS
COUNTY OF TRAVIS
This Interlocal Cooperation Contract (this “Contract”) is entered into by and between the
Contracting Parties shown below pursuant to authority granted in and in compliance with the
Interlocal Cooperation Act, Chapter 791, Texas Government Code.
Contracting Parties
The Receiving Party:
The University of Texas at Austin (“UT”) an institution of higher
education and agency of the State of Texas.
Marine Science Institute
Mission-Aransas NERR
Sally Morehead, Reserve Manager
750 Channel View Drive
Port Aransas, Texas 78373
Phone: (361)749-6771
The Performing Party: City of Rockport, a local government of the State of Texas
Thomas J. Blazek, City manager
Rockport, Texas 78382
Phone: (361) 729-2213
II.
Statement of Services to be Performed
1. Purchase and installation of shade structures in the outdoor courtyard at the Bay Education
Center located in Rockport, Texas
2. Procure architectural services to design shade structure for front deck of the Bay Education
Center.
3. Construct shade structure and railings at the front deck of the Bay Education Center
III.
Basis for Calculating Reimbursable Costs
The following costs are estimates and the total cost shall not exceed $23,000
Services of Personnel (salaries, wages, fringe benefits, travel & consultant fees):
____$0
Services of Supplies & Material (supplies, materials, telephone and duplication):
____$0
Services of equipment (computer services, equipment usage):
____$0
Services of contracts (South Texas Canvas)
$11,300
Services of contracts (Gignac Associates)
Services of contracts (Construction Firm)
TOTAL DIRECT COSTS:
$23,000
Interlocal BEC.doc
$3,700
$8,000
Page 3 of 5 Pages
Indirect costs (%)
____$0
TOTAL AMOUNT DUE
$23,000
IV.
Contract Amount
The total amount of this Contract shall not exceed $23,000.
V.
Payment of Services
Receiving Party will remit payments to Performing Party for services satisfactorily performed
under this Contract in accordance with the Texas Prompt Payment Act, Chapter 2251, Texas
Government Code.
Payments made under this Contract will (1) fairly compensate Performing Party for the services
performed under this Contract, and (2) be made from current revenues available to Receiving
Party.
VI.
Warranties
Receiving Party warrants that (1) the services are necessary and authorized for activities that
are properly within its statutory functions and programs; (2) it has the authority to contract for
the services under authority granted in Chapter 65.31, Texas Education Code, and Chapter
791, Texas Government Code; (3) it has all necessary power and has received all necessary
approvals to execute and deliver this Contract; and (4) the representative signing this Contract
on its behalf is authorized by its governing body to sign this Contract.
Performing Party warrants that (1) it has authority to perform the services under authority
granted in Chapter 51, Texas Local Government Code and Chapter 791, Texas Government
Code; (2) it has all necessary power and has received all necessary approvals to execute and
deliver this Contract; and (3) the representative signing this Contract on its behalf is authorized
by its governing body to sign this Contract.
VII. Term of the Contract
This Agreement is effective as of the later of 1/1/2011 or date fully executed by both parties
("Effective Date") and shall terminate on 5/31/2012.
VIII. Termination
In the event of a material failure by a Contracting Party to perform its duties and obligations in
accordance with the terms of this Contract, the other party may terminate this Contract upon ninety
(90) days’ advance written notice of termination setting forth the nature of the material failure;
provided that, the material failure is through no fault of the terminating party. The termination will
not be effective if the material failure is fully cured prior to the end of the ninety-day period.
Executed effective as of the Effective Date by the following duly authorized
representatives of the Contracting Parties:
Performing Party
Interlocal BEC.doc
Receiving Party
Page 4 of 5 Pages
City of Rockport
The University of Texas at Austin
By: ____________________
By: ____________________
Name: Thomas J. Blazek___________
Name: ____________________
Title: _City Manager________________
Title: ____________________
Date: _______________
Date: _______________
Interlocal BEC.doc
Page 5 of 5 Pages
CITY COUNCIL AGENDA
AGENDA ITEM “L”
Deliberate and take action on Job No. 1560.A9.07 – New Emergency Generator Rockport
WWTP Change Order No. 1 for an additional Motor Control Center section to serve the Aeration
Basin 2010 Modifications, and allow that project to be constructed without additional power
outages and to provide a larger concrete pad for a total of $9,942.00.
SUBMITTED BY: Public Works Director, Billy Dick
SUMMARY STATEMENT: Change Order No. 1 reflects an additional Motor Control Center
section and an increase in the size of the generator foundation, for a total change in contract price
of $9,942.00.
BACKGROUND: A new section was added to the motor control center to provide the new
starters for the mixers in the upcoming anoxic tank project. Since a motor control center was
being installed under this project, it was more cost effective to provide the additional section
under this project.
The increase in size of the generator foundation was necessary to accommodate the new
generator dimensions.
FISCAL ANALYSIS: The Wastewater Backup Generator project is funded by the 2005 bond
issue, with an original contract price of $408,990.00. With change order No. 1 in the amount of
$9,942.00, the new contract price will be $418,932.00, which remains within the project budget.
STAFF RECOMMENDATION: Approval of Change Order No.1, to Teal Construction
Company, in the amount of $9,942.00, for an additional Motor Control Center section and an
increase in the size of the generator foundation.
Change Order 1 WWTP Backup Generator.doc
Page 1 of 1 Pages
CITY COUNCIL AGENDA
AGENDA ITEM: “M”
Deliberate and take action on awarding bid for Job No. 1560.B0-05 – Aeration Basin 2010
Modifications to Palacios Marine & Industrial Coatings, Inc. (PMI) in the amount of
$276,880.00 or reject all bids.
SUMMARY STATEMENT: On February 24, 2011, the City received bids for modifications
the to the Wastewater Treatment plant. Three bids were received, with the low bid in the amount
of $276,880.00 from PMI of Palacios, TX. However, PMI has notified the City that they no
longer wish to accomplish the job.
The project including engineering and 10% contingency, has a total estimated cost of
$338,069.80
BACKGROUND: In 2010, the City applied for renewal of the Wastewater Treatment Permit.
During the process, the City chose to provide modifications to the treatment process to further
reduce the amount of nitrogen in treated effluent.
The process requires the City to acquire a minor permit amendment, which is nearing completion.
FISCAL ANALYSIS: To be paid from Utility Fund Balance.
STAFF RECOMMENDATION: Based on the letter from PMI declining the job, Council
should reject all bids
Bid Aeration Basin 2010 Modification.doc
Page 1 of 1 Pages
Palacios Marine & Industrial Coatings, Inc.
P.O. Box 875
Palacios, TX 77465
Phone: 361-893-5390
Fax: 361-893-5301
Mark,
After talking to you on this date we are asking to pull our bid out & give it to the next low
bidder.
The reason for the change is having problems with holding down prices that we were
given in our bid.
Thank you,
Ardell (Mac) McPherson
CITY OF ROCKPORT
INVITATION TO BID
NOTICE is hereby given that the City of Rockport is now calling for Proposals for constructing
Aeration Basin 2010 Modifications-Rockport Wastewater Treatment Plant. The project consists
of new airlift pumps, ductile iron pipe and fittings, stainless steel air pipe and fittings, horizontal
mixers and guide rail system, aluminum slide gates, electrical and miscellaneous related items of
work. Sealed Proposals addressed to the City of Rockport will be received at the office of the
City Secretary, City Hall, City of Rockport, 622 E. Market Street, Rockport, TX 78382 until
Thursday, February 24, 2011 at 2:00 P.M., at which time they will be publicly opened and read.
The City of Rockport reserves the right to reject any and all bids.
Bidders must submit a Cashier’s or Certified Check issued by a bank satisfactory to the City of
Rockport, or a Proposal Bond from a reliable surety company, payable to the City of Rockport in
an amount not less than five percent (5%) of the bid submitted as a guaranty that the Bidder will
enter into a contract using the forms provided within ten (10) days after notice of award of
contract to him. Bids without the required check or proposal bond will not be considered.
Bidders are expected to inspect the site of the work and to inform themselves regarding all local
conditions.
Copies of the Contract Documents, which include drawings, general requirements, and technical
specifications, may be obtained by depositing a $50.00 deposit with Urban Engineering, 2725
Swantner, Corpus Christi, Texas 78404-2832. This deposit will be refunded to any general
contractor submitting a bid, if the Contract Documents are returned in good condition within 14
days after bid opening. All others will be refunded $25.00, if Contract Documents are returned
in good condition within 14 days after bid opening. Copies of Contract Documents will be on
file for inspection at the office of the Engineer, 2725 Swantner, Corpus Christi, Texas, the City
of Rockport, 622 E. Market Street, Rockport, Texas 78382, the A.G.C. office in Corpus Christi,
and at Builder's Exchange in San Antonio, Texas.
All inquiries should be directed to Urban Engineering, Attn: Mark Maroney, P.E. at 361-8543101, or Billy Dick, Public Works Director, City of Rockport, 402 E. Laurel Street, Rockport,
TX 361-790-1160.
POSTED this the 2nd day of FEBRUARY 2011 at the Rockport City Hall, 622 E. Market Street,
Rockport, Texas, City’s webpage at www.cityofrockport.com and at City of Rockport Service
Center, 402 E. Laurel Street, Rockport, Texas. Published in the Rockport Pilot in the Saturday,
February 5 and 12, 2011 Editions. TIME: 5:00 p.m.
CITY COUNCIL AGENDA
AGENDA ITEM “N”
Deliberate and take action to award bid for Job No. 1560.B0.11 - Lady Claire Drainage
Improvements to J.J. Fox Construction for base bid amount of $454,011.00.
SUMMARY STATEMENT: On March 17, 2011, City staff and Urban Engineering conducted
a bid opening for the Lady Claire Drainage Improvements project. Nine bids were received with
J. J. Fox Construction Co. of Portland, TX submitting the low bid of $454,011.00.
The project consists of installation of 6’ x 3’ box culverts from Hwy 35 Bus & Cherry Street to
Lady Claire street, one block west of Omohundro, which will eliminate flooding on Omohundro
and Lady Claire Streets.
BACKGROUND: During heavy rain events, this area has flooded causing damage to multiple
homes in the area.
FISCAL ANALYSIS: Funded by 2005 Bond Issue. Estimated funds available are $538,111.00
STAFF RECOMMENDATION: Award bid for the Lady Clair Drainage Improvements
Project, in the amount of $454,011.00, to J. J. Fox Construction Co. of Portland, TX.
Bid Lady Claire Drainage Improvements.doc
Page 1 of 1 Pages
CITY OF ROCKPORT
ADVERTISEMENT TO BID
NOTICE is hereby given that the City of Rockport is now calling for Proposals for constructing
Lady Claire Drainage Improvements. The project consists of installing approximately 1,072 LF
of concrete box culvert, 470 LF of PVC storm sewer pipe, 32 LF of 42" RCP, junction boxes,
grate inlets, utility adjustments, pavement repair and miscellaneous items required to complete
the project. Sealed Proposals addressed to the City of Rockport will be received at the office of
the City Secretary at Rockport City Hall, 622 E. Market St., Rockport, Texas 78382 until 3:00
P.M., Thursday, March 17, 2011 at which time they will be publicly opened and read. The City
of Rockport reserves the right to reject any and all bids.
Bidders must submit a Cashier’s or Certified Check issued by a bank satisfactory to the City of
Rockport, or a Proposal Bond from a reliable surety company, payable to the City of Rockport in
an amount not less than five percent (5%) of the bid submitted as a guaranty that the Bidder will
enter into a contract using the forms provided within ten (10) days after notice of award of
contract to him. The Owner reserves the right to reject any or all bids and to waive formalities.
Unreasonable (or "unbalanced") unit prices will authorize the Owner to reject the bid. Bidders
are expected to inspect the site of the work and to inform themselves regarding all local
conditions.
Copies of the Contract Documents, which include drawings, general requirements, and technical
specifications, may be obtained with a fee of $25.00 from Urban Engineering, 2725 Swantner,
Corpus Christi, Texas 78404. Copies of Contract Documents will be on file for inspection at the
office of the Engineer, 2725 Swantner, Corpus Christi, Texas, the A.G.C. office in Corpus
Christi and at the Rockport Utility Office.
All inquiries should be directed to Urban Engineering, Attn: Brandi B. Karl, P.E. at 361-8543101, or Billy Dick, Public Works Director, City of Rockport, 402 E. Laurel Street, Rockport,
TX 361-790-1160.
POSTED this the 23rd day of FEBRUARY 2011 at the Rockport City Hall, 622 E. Market Street,
Rockport, Texas, City’s webpage at www.cityofrockport.com and at City of Rockport Service
Center, 402 E. Laurel Street, Rockport, Texas. Published in the Rockport Pilot in the Saturday,
February 26 and March 5, 2011 Editions. TIME: 5:00 p.m.
CITY OF ROCKPORT
AGENDA ITEM: “O”
Deliberate and take action on second reading of Ordinance No. 1534, An Ordinance Amending
Rockport Zoning Ordinance No. 1027, Article 22, Paragraph 22.2 Fence Regulations, SubParagraphs 22.2.1 Through 22.2.5 by Removing the Requirement of a Special Permit for Fence
Heights; Repealing all Ordinances in Conflict Therewith; Providing for Severability; and
Providing an Effective Date.
SUBMITTED BY: Building & Development Director.
DISCUSSED BY PLANNING & ZONING COMMISSION ON: February 1, 2011.
WORKSHOP: February 22, 2011
1ST READING: March 8, 2011 THERE HAVE BEEN NO CHANGES TO FORM OR
CONTENT SINCE FIRST READING.
SUMMARY: A Special Permit was granted (Ord. 1532 adopted on February 22, 2011) to
property located at 1129 N. Magnolia Street for increasing the height of a fence on private
property. The need of a Special Permit for fence height adjustments is a requirement of the
zoning code and, due to the nature of a Special Permit, is a rather lengthy process for such
approval. Staff proposes to amend the zoning code that would relieve this process.
Recommended changes include:
1. Delete fence height adjustments by Special Permit; or
2. Do away with fence heights altogether.
______________________________________________________________________________
BACKGROUND: A copy of the fence regulations (Sec. 22.2) is attached for review.
______________________________________________________________________________
PLANNING & ZONING COMMISSION: At their meeting held February 1, 2011 the
Commission deliberated the above staff recommendations. The Commission felt that to require
maximum fence heights is still a good idea, and, the fact that the City now has a Zoning Board of
Adjustment to handle variances and exceptions to the zoning code prompted the Commission to
recommend option 1 to the City Council.
______________________________________________________________________________
WORKSHOP: This item was discussed at the Council’s workshop held February 22, 2011.
Council seemed in agreement with the Commission’s recommendation to amend the zoning code
regarding fence heights.
______________________________________________________________________________
RECOMMENDATION: City Council adopt Ordinance No. 1534, An Ordinance Amending
Rockport Zoning Ordinance No. 1027, Article 22, Paragraph 22.2 Fence Regulations, SubParagraphs 22.2.1 Through 22.2.5 on second and final reading.
Ordinance No. 1532
Page 1 of 4 Pages
COPIED FROM ROCKPORT ZONING ORDINANCE NO. 1027.
*
*
*
*
22.2
Fence Regulations. The purpose of these regulations is to permit the use of
fences upon real property. Not withstanding 22.2.1, fences shall include, but
not be limited to, chain link, wood, masonry, wrought iron, or other approved
material.
22.2.1
When annexed rural or farm land exists, barbed wire fences may be
permitted.
22.2.2
Fences in R-1 through R-7 districts shall not exceed six (6) feet in height
except by Special Permit.
22.2.3
Fences in the B districts shall not exceed eight (8) feet in height except by
Special Permit.
22.2.4
Fences in the I districts shall not exceed ten (10) feet in height except by
Special Permit.
22.2.5
Any fence to the contrary of the provisions described herein shall require a
Special Permit. The zoning administrator may, without special permit,
approve special enhancements (arches) to gates or other openings within a
fence.
ORDINANCE NO. 1534
Ordinance No. 1532
Page 2 of 4 Pages
AN ORDINANCE AMENDING ROCKPORT ZONING ORDINANCE NO. 1027,
ARTICLE 22, PARAGRAPH 22.2 FENCE REGULATIONS, SUB-PARAGRAPHS
22.2.1 THROUGH 22.2.5 BY REMOVING THE REQUIREMENT OF A SPECIAL
PERMIT FOR FENCE HEIGHTS; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 1, 2011 the Rockport Planning & Zoning Commission did hold a
meeting at which time was recommended to the City Council that the Zoning
Ordinance be amended, which would remove the provision that at Special Permit
be required for adjustments to fences.
WHEREAS, on February 22, 2011 the City Council did hold a workshop at which time was
discussed the Rockport Planning & Zoning Commission’s recommendation that
the Zoning Ordinance be amended, which would remove the provision that at
Special Permit be required for adjustments to fences.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ROCKPORT TEXAS:
SECTION 1. AMENDMENT.
That Sub-paragraphs 22.2.1 through 22.2.5 of Paragraph 22.2, Article 22, Zoning Ordinance No.
1027, City of Rockport, Texas is hereby amended to read as follows:
22.2
Fence Regulations. The purpose of these regulations is to permit the use of
fences upon real property. Not withstanding 22.2.1, fences shall include, but
not be limited to, chain link, wood, masonry, wrought iron, or other approved
material.
22.2.1
When annexed rural or farm land exists, barbed wire fences may be
permitted.
22.2.2
Fences in R-1 through R-7 districts shall not exceed six (6) feet in height
except by Special Permit.
22.2.3
Fences in the B districts shall not exceed eight (8) feet in height except by
Special Permit.
22.2.4
Fences in the I districts shall not exceed ten (10) feet in height except by
Special Permit.
22.2.5
Any fence to the contrary of the provisions described herein shall require a
Special Permit. The zoning administrator may , without special permit,
approve special enhancements (arches) to gates or other openings within a
fence.
Ordinance No. 1532
Page 3 of 4 Pages
SECTION 2. REPEALER.
Any previously adopted ordinances, and any subsequent amendments to them, which are in
conflict with this Ordinance, are all hereby repealed.
SECTION 3. SEVERABILITY.
It is the intention of the City Council of the City of Rockport that if any phrase, sentence, section
or paragraph of this ordinance shall be declared unconstitutional or otherwise invalid by final
judgment of a court of competent jurisdiction such unconstitutionality or invalidity shall not
affect any of the remainder of this ordinance since the same would have been enacted by the City
Council without the incorporation of the unconstitutional or invalid phrase, sentence, section or
paragraph.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall become effective immediately upon adoption by second and final reading.
APPROVED and PASSED on first reading, this ____ day of ________, 2011.
______________________________
ATTEST:
______________________________
APPROVED, PASSED and ADOPTED on second and final reading, this ______ day of
________, 2011.
______________________________
ATTEST:
______________________________
Ordinance No. 1532
Page 4 of 4 Pages
CITY COUNCIL AGENDA
AGENDA ITEM: “P”
Deliberate and take action to on first reading of Ordinance No. 1535, An Ordinance Amending
the City Of Rockport Code of Ordinances Chapter 98 “Traffic and Vehicles”, Article II. “Traffic
Control” by Amending Section 98-29 “Riding Bicycles on Sidewalks”; Repealing all Prior
Ordinances in Conflict Herewith; Providing for Severability; and Providing for an Effective
Date.
SUBMITTED BY: Tom Staley, Director, Parks & Leisure Services
WORKSHOP:
February 22, 2011
1st READING:
March 8, 2011, CHANGES RECOMMENDED
ATTORNEY RETURN FOR 1ST READING.
SENT TO CITY ATTORNEY FOR REVIEW: 2/28/2011
BY
CITY
SUMMARY STATEMENT: City of Rockport Code of Ordinances, Section 98-29, states the
following:
Section 98-29. Riding Bicycles on Sidewalks.
It shall be unlawful for any person to ride a bicycle upon any sidewalk in the city, except in
designated hike and bike trails and paths.
________________________________________________________________________
BACKGROUND: Staff presented the question for Council regarding riding bicycles on the
sidewalk at the February Workshop. Police Chief Jayroe reported that it was safer to ride on the
sidewalk than to ride on the highway. Council directed Staff to amend Section 98-29 and present
at the March 8 City Council meeting for action.
City Attorney Walston is recommending that additional wording be included in this ordinance
which will bring Ordinance No. 1535 back to first reading.
Riding Bicycles on Sidewalks.
ADDED: Section 98-29.
It shall be unlawful for any person to ride a bicycle upon any sidewalk in the city, except in designated
hike and bike trails and paths. Bicycles are allowed on sidewalks and designated hike and bike trails
and paths, but should yield the right of way to pedestrians.
STAFF RECOMMENDATION: City Council approve amended Ordinance No.1535
amending Code Of Ordinances Chapter 98 “Traffic And Vehicles”, Article II. “Traffic Control”
by Deleting Section 98-29 “Riding Bicycles on Sidewalks” in it’s entirety; Repealing all Prior
Ordinances in Conflict Herewith; Providing for Severability; and Providing for an Effective Date
on first reading..
Ordinance No. 1535
Page 1 of 3 Pages
ORDINANCE NO. 1535
AN ORDINANCE AMENDING THE CITY OF ROCKPORT CODE OF
ORDINANCES CHAPTER 98 “TRAFFIC AND VEHICLES” ARTICLE II.
“TRAFFIC CONTROL” BY DELETING SECTION 98-29 “RIDING BICYCLES
ON SIDEWALKS” IN IT’S ENTIRETY; REPEALING ALL PRIOR
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
ROCKPORT TEXAS:
SECTION 1 – AMENDMENT
That Code of Ordinances Chapter 98 “Traffic and Vehicles”, Article II. “Traffic Control”,
Section 98-29 “Riding Bicycles on Sidewalks” is hereby amended to read as follows:
Section 98-29. Riding Bicycles on Sidewalks.
It shall be unlawful for any person to ride a bicycle upon any sidewalk in the city, except in designated
hike and bike trails and paths. Bicycles are allowed on sidewalks and designated hike and bike trails
and paths, but should yield the right of way to pedestrians.
SECTION 2. REPEALER.
SECTION 3. SEVERABILITY.
paragraph.
SECTION 4. EFFECTIVE DATE.
This ordinance shall become effective upon adoption on second reading by the Rockport City
Council
APPROVED on first reading, this
day of
, 2011.
Ordinance No. 1535
Page 2 of 3 Pages
ATTEST:
ADOPTED on second and final reading, this
day of
2011.
ATTEST:
Ordinance No. 1535
Page 3 of 3 Pages
CITY COUNCIL AGENDA
AGENDA ITEM “Q”
Deliberate and take action on second reading of Ordinance No. 1536, An Ordinance Amending
the City of Rockport Code of Ordinances Chapter 70 “Parks and Recreation”, Article I. “In
General” Section 70-5 “Operation of Motor Vehicles; Vehicular Access to The Beach; Speed
Limit”; Section 70-15 “Possession of Alcoholic Beverages; Sale of Alcohol; Consumption of
Alcohol”; and Section 70-18 “Vehicles Parking Permit at Rockport Beach Park Required,
Exemptions, Fee”; Repealing all Prior Ordinances in Conflict Herewith; Providing for
Severability; and Providing for an Effective Date.
SUBMITTED BY:
Parks & Leisure Service Director Tom Staley
WORKSHOP:
February 22, 2011
1ST READING:
March 8, 2011 APPROVED WITH AMENDMENTS
AMENDMENTS NOTED IN ‘RED’ AND DOUBLE UNDERLINED.
SUBMITTED TO CITY ATTORNEY FOR REVIEW: 2/28/2011
SUMMARY STATEMENT: Staff is proposing to change some wording in Chapter 70 of the
Code of Ordinances for clarification.
BACKGROUND: Changes to Chapter 70 are proposed to accomplish the following:
1. Section 70-5 “Operation of motor vehicles; vehicular access to the beach, speed limit” to
advise that the Circle at Rockport Beach park would be barricaded and closed to vehicle
traffic. In addition, the speed limit in the Circle at Rockport Beach Park is suggested to
be 10 miles per hour.
2. Section 70-15 “Possession of alcoholic beverages; sale of alcohol; consumption of
alcohol” – clarifying that consumption of alcohol is prohibited at any park except
Rockport Beach Park.
3. Section 70-18 “Vehicle parking permit at Rockport Beach Park required, exemptions,
fee” – clarifying that school buses must be clearly marked and identified and to correct a
spelling error.
City Attorney Walston has included wording to make it unlawful for any person to cross over, or
otherwise disregard any barricade, placed or displayed by City of Rockport personnel and
intended to prohibit vehicle or pedestrian access to the Circle at the Rockport Beach Park. The
Ordinance remains the same since Workshop with the exception of wording added by City
Attorney Walston.
Ordinance No. 1533
Page 1 of 5 Pages
STAFF RECOMMENDATION: City Council adopt Ordinance No. 1536 Amending the Code
of Ordinances Chapter 70 “Parks and Recreation”, Article I. “In General” Sections 70-5, 70-15
and 70-18 on second and final reading.
Ordinance No. 1533
Page 2 of 5 Pages
ORDINANCE NO. 1536
AN ORDINANCE AMENDING THE CITY OF ROCKPORT CODE OF
ORDINANCES CHAPTER 70 “PARKS AND RECREATION”, ARTICLE I. “IN
GENERAL” SECTION 70-5 “OPERATION OF MOTOR VEHICLES;
VEHICULAR ACCESS TO THE BEACH; SPEED LIMIT”; SECTION 70-15
“POSSESSION OF ALCOHOLIC BEVERAGES; SALE OF ALCOHOL;
CONSUMPTION OF ALCOHOL”; AND SECTION 70-18 “VEHICLES PARKING
PERMIT AT ROCKPORT BEACH PARK REQUIRED, EXEMPTIONS, FEE”;
REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
ROCKPORT TEXAS:
SECTION 1.
AMENDMENT
That Code of Ordinances Chapter 70 “Parks and Recreation”, Article I. “In General”, Section 705 (e) and (f) “Operation of motor vehicles; vehicular access to the beach, speed limit” is hereby
amended to read as follows:
Section 70-5.
(e)
Operation of motor vehicles; vehicular access to the beach, : speed limit.
* * * * *
The speed limit in all parks operated by the city shall be fixed at:
1. 20 miles per hour unless otherwise posted; and .
2. 10 miles per hour within the Circle at Rockport Beach Park.
(f)
It shall be unlawful for any person to operate a nonmotorized vehicle upon the grounds of any
public park unless the vehicle is propelled solely by muscle power, except in Rockport Beach
Park Circle unless the Circle has been barricaded and closed as provided by this section.
conditions warrant exclusion during holiday weekends, migratory birds nesting or if posted by
park staff.
(g)
The Circle at the northern end of the Rockport Beach Park may be barricaded and
closed to vehicular and pedestrian traffic, without notice, by City of Rockport
and/or Aransas County Navigation District personnel when conditions warrant,
including but not limited to holiday weekends, special events or during the
migratory bird nesting season(s). A barricade, as used herein, means an obstruction
placed or signs prominently displayed indicating that entry is prohibited.
(h)
It shall be unlawful for any person to cross over, or otherwise disregard any
barricade, placed or displayed by City of Rockport and/or Aransas County
Navigation District personnel and intended to prohibit vehicle or pedestrian access
to the Circle at the Rockport Beach Park.
Ordinance No. 1533
Page 3 of 5 Pages
SECTION 2.
AMENDMENT
That Code of Ordinances Chapter 70 “Parks and Recreation”, Article I. “In General”, Section 7015 “Possession of alcoholic beverages; sale of alcohol; consumption of alcohol” is hereby
Section 70-15. Possession of alcoholic beverages; sale of alcohol – Rockport Beach Park only;
consumption of alcohol.
(a)
It shall be unlawful for any person to consume alcoholic beverages or to posses an open container
containing alcoholic beverages within a public park or recreational area including the following: .
(1)
Athletic facilities including but not limited to baseball and softball diamonds, athletic
fields, tennis and other game courts.
(2)
Swimming pools.
(3)
Playgrounds.
(4)
Vehicle parking areas on a public park or recreational area.
(5)
Interior roadways contained within a public park or recreational area.
(6)
Inside recreational centers, concession buildings, and restroom facilities.
*
(d)
*
*
*
*
Sale of alcohol – Rockport Beach Park only.
(1)
Concessionaires operating under contract to the Rockport Beach Park will be permitted to
sell beer and wine coolers in non-glass containers subject to state law and TABC
regulations.
(2)
Alcohol may not be sold by an employee of the city.
(3)
Alcohol may not be sold in open containers; i.e., draft beer.
*
SECTION 3.
*
*
*
*
AMENDMENT
That Code of Ordinances Chapter 70 “Parks and Recreation”, Article I. “In General”, Section 7018 (b) “Vehicle parking permit at Rockport Beach Park required, exemptions, fee” is hereby
Section 70-18. - Vehicle parking permit at Rockport Beach Park required, exemptions, fee.
(b)
* * * * *
Exemptions to the requirement of subsection (a) above shall be the following:
(1)
Vehicles towing a boat trailer with the purpose of using the Texas Department of Parks
and Wildlife boat ramp;
(2)
Clearly marked and identified School buses;
(3)
Emergency services vehicles;
(4)
Official government vehicles when performing/attending official government business;
(5)
Quests Guests of pavilion and band shell renters displaying a 'guest' permit valid for the
day of rental;
Ordinance No. 1533
Page 4 of 5 Pages
(6)
(7)
Contractors doing business within the park grounds and authorized by the city and/or
Aransas County Navigation District or
By special permission granted by the director of parks and leisure services for a limited
time or purpose.
*
SECTION 4.
*
*
*
*
REPEALER.
SECTION 5.
SEVERABILITY.
paragraph.
SECTION 6.
EFFECTIVE DATE.
This ordinance shall become effective upon adoption on second reading by the Rockport City
Council.
APPROVED on first reading, this
day of
, 2011.
ATTEST:
ADOPTED on second and final reading, this
day of
2011.
ATTEST:
Ordinance No. 1533
Page 5 of 5 Pages
CITY COUNCIL AGENDA
Regular Meeting: March 22, 2011
AGENDA ITEM: “R”
Deliberate and take action on request from the Friends of the Pool to continue the one-hour Low
Impact Water Aerobic Class conducted at the Community Aquatic Park through May 27, 2011.
SUMMARY STATEMENT: The Friends of the Pool (FOP) is requesting the Low Impact
Water Aerobics Class be continued through May 27, 2011. The Swimming Pool Operations
Advisory Committee will make a recommended on the FOP request at a special meeting to be
held on Monday, March 21, 2011.
BACKGROUND STATEMENT: On January 25, 2011, the City Council approved a
Swimming Pool Operations Advisory Committee recommendation to extend the weekday
Community Aquatic Park operating hours from 1:00p.m. to 2:00p.m. for the months of February
and March, 2011. This additional hour was requested by the FOP for the purpose of offering a
Low Impact Water Aerobics Class. The financial report of the class through March 11, 2011 was
shown to the City Council at its March 22, 2011 Workshop Meeting.
Low-Impact Aerobic Class Financial Report for February and March, 2011 is attached for Council review
and information.
FISCAL ANALYSIS: For the additional hour of operation, total personnel expense exceeded
the total revenue by $87 for the two month period.
STAFF RECOMMENDATION: City Council [approve/disapprove/approve with modifications] the request from the Friends of the Pool to continue the Low Impact Water Aerobic Class
through May 27, 2011
Aquatic Park FOP Low Impact.doc
Page 1 of 1 Pages
February 201 1 Low Impact Aerobics
Date
Tues
Wed
Thun
Frid
Sat
Sun
Mon
Tue
Wed
Thu
Fri
Sat
Sun
Mon
Tue
Wed
Thu
Fri
Sat
Sun
Mon
Tue
Wed
Thu
Fri
Sat
Sun
Mon
TOTALS
Date
Weather
2/1/2011
2/2/2011
2/3/20 11
2/4/2011
2/5/2011
2/6/20 11
2/7/2011
2/8/2011 35' 26 mph
2/9/2011
211012011
211112011
211212011
2113/2011
2/14/2011
211512011 70* Clds Cool
2/16/2011
2/17/2011 70.
2118/2011
2/1912011
2/20/2011
2/21/2011
2/22/2011 70'
2/23/2011
2/24/2011 75'
2/25/2011
2/26/2011
2/27/2011
2/28/2011
Atten Cpn
Pass Aero $ Admis Cpn Bk
Ind Pass Sales Person Expense Net $$
$5 Janice & John $20.96
($16.96)
Janice &John $20.96
Janice &John $20.96
Janice & John $20.96
Janice & John &20.96
($15.M)
(E1O.m)
$5
$15
$10
$15
(55.W)
($10.m)
($5.86)
March 2011 Low Impact Aerobics
Day
Tues
Wed
Thu
Fri
Sat
Sun
Mon
Tue
Wed
Thu
Fri
Sat
Sun
Mon
Tue
Wed
Thu
Fri
Sat
Sun
Mon
Tue
Wed
Thu
Fri
Sat
Sun
Mon
Tue
Wed
Thu
DATE
weather aero atten
cpn
3/1/2011
3{$12) 3
3/2/2011
3/3/2011
1 ($41
1
3141201I
1 ($41
1
3/5/2011
3/6/20 11
3/7/2011
3/8/2011
3/9/2011
311012011
3111/2011
3112/2011
3113/2011
3/14/2011 Spring Break No class
3/15/2011 "
I
3/16/2011 "
3/17/2011 "
3/18/2011 "
311912011
3/20/2011
3121I2011
3/22/2011
312312011
312412011
312512011
312612011
312712011
3/2812011
312912011
3/30/2011
3/31/2011
,I
pass
aero fee $1 admiss $4
no teacher
cpn bk
I157158 $60
indiv pass sales
$72
Janice & Chris $19.76
NET
$52.24
$4
$4
Janice & Chris $19.76
Janice & Chris $19,76
($16.76)
($15.78)
$12
$4
$12
$12
Janice & Chris
Janice & Chris
Janice & Chris
Janice & Chris
($15.78)
($7.78)
($7.78)
$19.76
$19.76
$19.76
$19.76
,-...-,
CITY COUNCIL AGENDA
AGENDA ITEM: “S”
Deliberate and take action on request from the Odyssey After School Enrichment Program for
non-exclusive use of the Community Aquatic Park for the purpose of conducting a Junior
Lifeguard Course and a General Swim Instruction and Practice Course.
SUMMARY STATEMENT: The Odyssey After School Enrichment Program is requesting the
non-exclusive use of the Community Aquatic Park beginning in April 2011 to conduct a six
session Junior Lifeguard Training Course for 12 students, and to conduct a four session General
Swim Instruction and Practice Course for 100 students. The Swimming Pool Operations
Advisory Committee will meet at 3:00 p.m. on March 21, 2011 to discuss and make a
recommend on this request.
BACKGROUND STATEMENT: Odyssey applied for, and was awarded, a $5,000 grant to
offer water safety and skill development courses for local area youth enrolled in its program.
The Non-Profit “Friends of the Pool” will provide volunteer instructors as part of this program.
FISCAL ANALYSIS: The grant provides funding for the students’ entrance fees for both
courses at a rate of $3 per student per session.
STAFF RECOMMENDATION: City Council [approve/disapprove/approve with modifications] the request from the Odyssey After School Enrichment Program non-exclusive use of the
Community Aquatic Park, for the dates and times requested, to conduct a Junior Lifeguard
Training Course and a General Swim Instruction and Practice Course.
Aquatic Park FOP Request.doc
Page 1 of 1 Pages
Message
Page 1 of 2
1
Tom Staley
From:
Patricia Hopper [[email protected]]
Sent:
Monday, March 14,2011 8:56 PM
To:
Tom Staley
Subject:
RE: Odyssey Grant
Attachments: Grant app--Final.docx
Hi, Tom. Here's the grant as accepted. It is such a great thing to restart this program at the pool. As I understand
it, (and FOP did not get the grant, Ody did) they are offering this water safety class as an elective to take place on
Wed. afternoons for 12 kids and then as another part of the grant, bring the whole group to swim on Fridays. I
don't know how long it is, but when we did it with Kathy, she let the kids swim for about 15 mins. to get the
wiggles out and then taught for 45 mins. Then the pool was open for them till about 6. Probably go about like that
if decided. As you can see from the budget, all is paid for, including the coupons for the kiddos, the instructors
for the lessons on Wed. for 6 sessions one in the spring starting April 6 and one in the fall. Apparently Thea
Edmundson, who is Red Cross certified wants to teach the class with Lindy. It is only up to Lindy to help teach the
classes on Wed. if she can. Lindy had a question about how to utilize the $100 in the grant for the session
teachers, but I'm sure that can be figured. There should be no trouble paying for the lifeguards then, since the
coupons are for $3. 1 was thinking some of the instructor money might go to a lifeguard to help teach and get
trained at the same time, but it isn't up to me. I hope you can get an agreement for the pool to be open then for
the public both times, since the lifeguards will be there anyway and it might bring in more revenue. FOP has
bunches of volunteers to help with all programs at this point.
John's doing well. He has a secret 7oth birthday (party) coming up in a couple of weeks. He is doing much more
house painting than sailing right now. But we've got ideas. Regards and many thanks, Pat
-----Original Message----From: Tom Staley [mailto:[email protected]]
Sent: Monday, March 14,2011 4:06 PM
To: Patricia Hopper
Cc: Lindy Madill
Subject: RE: Odyssey Grant
Thanks Pat, and congrats. to Odyssey. Couple of questions: first, is each session one hour in
length? Second, is the plan to conduct the classes during regular pool operating hours, or at a
time just for Odyssey? The reason for these questions is to determine whether the income will
cover personnel expense. The per hour cost would be under $36, unless Lindy has to be one of
the staff, so it will probably work out O.K. so long as we have at least 12 paying customers.
By the way, How's John doing?
Tom Staley
Director, Parks & Leisure Services
361.729.2213x226
Please note that any correspondence, such as e-mail or letters, sent to City staff or City officials
may become a public record and made available for Publiclmedia review.
ATTENTION PUBLIC OFFICIALS!
Odyssey After School Enrichment Program Grant Request
Program Summary:
We are requesting an impact grant to support the Odyssey Swim Program, a new venture of the
Odyssey After School Enrichment Program. The Swim Program incorporates two learning
opportunities, the Odyssey Junior Lifeguard program and a General Swim Instruction and
Practice program. The Odyssey Junior Lifeguard program will be led by Red Cross Water Safety
Instructors and will train children in the areas of water safety, swimming skills, response,
leadership and rescue. The General Swim Instruction and Practice program will utilize
volunteers to teach basic swim skills. These programs will be provided as a part of our highly
successful and engaging afterschool program and will benefit a total of approximately 150 lowincome and academically at-risk children during the spring and fall semesters of 2011. The
Odyssey Swim Program is innovative in that it embraces opportunities for community and
family involvement and will draw attention to the need for swimming opportunities for
underserved populations.
Section I: Contact Information
Jaime Winans, Executive Director
Odyssey After School Enrichment Program
P.O. Box 237
Rockport, TX 78381
(361) 729-0373
Email: [email protected]
Section II: Organizational Description
In these days of working families, demanding schedules and intensifying academic standards,
schools cannot solely meet the needs of all students. To enable students’ success, it is imperative
that communities develop innovative networks of support for youth and their families. A
“Parent’s Needs Survey” conducted by the Aransas County Independent School District
(ACISD) in 2003, indicated that 800 out of 1200 elementary students were in need of an afterschool program. This survey also highlighted the fact that when the school day ends at 3 p.m.,
up to 58% of Aransas County’s children go home to an empty house. The Odyssey After-School
Enrichment Program was created in 2003 to directly address this vital need of our community by
providing a safe after-school environment where Aransas County children receive tutoring,
homework assistance and extensive enrichment activities.
The Odyssey After School Enrichment Program currently provides a safe, engaging, and
educational environment for 100 first through sixth grade students every day after school from
3:00 p.m. until 6:00 p.m. while their parents are at work. Odyssey manages two sites, each
operating at full capacity and with a waiting list for enrollment. To serve the children who most
need our assistance, Odyssey provides partial tuition waivers to our students who meet the
criteria for free and reduced lunch established by ACISD, since within these grades seventy-five
percent of ACISD children participate in the free and reduced lunch program. As a result, the
1
majority of families pay only $15 per month for their child to attend Odyssey every day after
school.
Our experience and research show that the children in Aransas County, particularly those who
are from working, poverty-level families, are at an increased risk of obesity, poor nutrition and
fitness skills, along with low self-esteem, which negatively affects their behavior. To be
successful in school and flourish in life, children need a safe, mentally and physically stimulating
after school environment. Odyssey is changing the way children spend their time after school.
Our goal is to enhance the lives of our young people and to encourage them to seek and strive for
what they otherwise may not have ever thought possible. The program aims to provide (a) a safe,
community-based after school enrichment program for children in Aransas County; (b) to
enhance children’s academic achievement, fitness and health; (c) to support positive social
development and relationships between children, their peers and adults; (d) facilitate and
strengthen the interaction between schools, families and community.
Section III: Program Description
Community Need
Odyssey believes in the value of swimming for children of all ages and that it will benefit them
throughout life. Swimming is one of the most healthful activities in the world today. Our
community which is surrounded on three sides with bays, faces a unique challenge. We
especially need to know how to swim and keep ourselves safe in and on the water.
In identifying the need for a water safety program, several conditions are contributing factors:
No swimming is taught in school PE classes, no public summer swim camps exist for kids, the
cost of swim lessons is out of sight for a large percent of low income families, and our
experience in the past years of Odyssey demonstrates swim capabilities to be weak in terms of
water safety, prevention and water rescue skills. Since our community lacks a swim program for
children, our proposed project will address unmet needs for swim instruction in our coastal
community, while serving to improve the health and wellness of children.
A recent study* commissioned by USA Swimming and conducted by the University of Memphis
exposed alarming statistics for many of our nation’s children:
· 9 people drown each day in the U.S.
· In ethnically-diverse communities, the youth drowning rate is more than double the
national average
· Nearly six out of 10 African American and Hispanic/Latino children are unable to
swim, nearly twice as many as their Caucasian counterparts
· The key indicator in this was not race, but family -- Children from non-swimming
households are eight times more likely to be at-risk of drowning. According to the study,
parental fear is a major contributor to a child’s swimming ability.
Additionally, this program aims to meet the needs for promoting active, healthy lifestyles for
children. The Center for Disease Control and Prevention reports that the national rate of
childhood obesity has more than tripled in the past 30 years. The prevalence of obesity among
children aged 6 to 11 years increased from 6.5% in 1980 to 19.6% in 2008. Childhood obesity
has both immediate and long-term health impacts. Based on our observations, as well as reports
2
from parents and school personnel, area children have lower than recommended levels of
physical activity. We have also witnessed, during our 8 years of working with children, an
increase in childhood obesity rates, putting these children at increased risk for obesity-related
health conditions now and into their adulthood.
*Reference: Phase I Study: Constraints Impacting Minority Swimming, Participation, Irwin, R.,
Drayer, J., Irwin, C., Ryan, T. & Southall, R., Department of Health & Sport Sciences, Presented
to USA Swimming, April 1, 2008
Program Description
Our program incorporates two components: The Odyssey Junior Lifeguard program and a
General Swim Instruction and Practice program, which will occur simultaneously.
The Odyssey Junior Lifeguard program is a 6 part course, for 12 students, designed to teach
basic pool safety, water rescue skills and how to act in an emergency. Lessons are grouped into
five main areas: Prevention, Swimming Skills, Response, Leadership and Rescue. The program
will be offered in the spring and fall of 2011 and is taught by qualified Red Cross Water Safety
Instructors. In addition to the safety instruction, regular water exercise routines are performed
each session increasing strength, stroke techniques and swim skills. Increased self-respect and
confidence are gained through personal progress and accomplishments. Respect for others is
increased by working with other youths in a team building environment.
The General Swim Instruction and Practice program is a 4 part course, for 100 students, designed
to teach basic swim skills. The general swim practice/instruction sessions will be provided in the
spring and fall of 2011. A local organization, Friends of the Pool, will provide volunteer
instructors to work with children who need assistance developing basic swim skills such as:
floating, paddling, treading water, diving.
Combined, both courses of the Odyssey Swim Program will achieve the following goals:
1. Promote healthy lifestyle habits by engaging children in physical activity. We aim to
improve cardiovascular and physical fitness, increase strength and health, and reduce
local childhood obesity and its associated risks for developing related diseases.
2. Provide children with instruction to develop the skills to be strong, capable
swimmers. This will increase our community’s knowledge of water safety, reducing
the risk for drowning.
3. Provide children with opportunities to develop leadership skills, confidence, and
respect for themselves and others.
4. Increase children’s potential to enjoy water recreation, including swimming and
boating, on local bays throughout their lives.
Program participants
Odyssey’s present enrollment is 100 children in grades 1 – 6. Next school year our enrollment
will be at least 100 children. We expect 50% of our current enrollment to return next year,
therefore, the program will benefit a total of approximately 150 children. All program
participants will be from the rural community of Rockport-Fulton, Texas. Based on current
3
Odyssey After School Enrichment Program enrollment, we anticipate program participants to be
40% ethnic minority, 70% eligible for the USDA Free and Reduced Lunch Program, and 65% atrisk of academic failure based on reports from the schools.
Impact Grant
The Odyssey Swim Program is innovative in that it embraces opportunities for community and
family involvement and will draw attention to the need for swimming opportunities for
underserved populations. This initiative is co-sponsored by Friends of the Pool, a non-profit
group supporting the Community Aquatic Center in Rockport, Texas. Since the Friends of the
Pool group consists mainly of Caucasian, retired residents, the program will provide both
students and volunteers with an intergenerational and cross-cultural experience. We feel that by
nurturing relationships across age, ethnic, and socio-economic groups this program will be a
significant venture in community building. Additionally, the program will also enable family
involvement by providing children’s parents and siblings with safe swimming activities through
special events at the Community Pool.
By initiating this program, we hope to bring focus to the importance of educating a community
of swimmers. Eventually, this will hopefully increase community pool access to underserved and
low-income groups in our town. This may include developing opportunities to introduce other
community children, such as private school students and home-schooled students, to water safety
programs. We also see the potential successes achieved by children through this program as
necessary to developing a rationale for including Water Safety Programs in school PE classes.
Given the need for local swim instruction, we anticipate a high level of interest in the program.
The Odyssey Swim Program lends itself to articles in local papers, school publications, the
Odyssey website, and Community Pool advertising. Odyssey looks forward to sharing success
stories in our bi-annual newsletter.
Project Budget
Program Activities:
Community Aquatic Park Pool Admission Fees
Junior Lifeguard Training—
Spring Session (12 children at $3 per child for 6 sessions)
Fall Session (12 children at $3 per child for 6 sessions)
General Swim Instruction and Practice—
Spring Session (100 children at $3 per child for 4 sessions)
Fall Session (100 children at $3 per child for 4 sessions)
Bus transportation to Community Aquatic Park (20 trips at $28/trip)
Red Cross Junior Lifeguard Trainer (12 sessions at $100 per session)
$216.00
$216.00
$1200.00
$1200.00
$560.00
$1200.00
Total Program Activities: $
4592.00
Materials:
Snorkel Equipment (12 children at $25 per set)
$300.00
4
Goggles (12 children at $10 per child)
$120.00
Total Materials: $ 420.00
Total Project Budget:
$
5012.00
Outcomes
The main accomplishment of the program will be the children who gain life-long skills and
knowledge of swimming. A total of 24 children will be trained junior lifeguards at program
completion. A total of 150 children will participate in General Swim Instruction and Practice
sessions with volunteer instructors. Outcomes will also be measured by pre- and post-testing
both in and out of the pool. These measures are included as part of the Red Cross Junior
Lifeguard program. We also will track increased student and student/parent participation and
attendance for swimming at the pool during the summer.
Timeline
The program will be implemented starting the spring semester of 2011 and will be continued in
the fall semester of 2011. During the spring one group of 12 children will participate in weekly
Junior Lifeguard Training sessions for a series of six weeks (late March – May). At the same
time, larger groups of children will visit the pool for General Swim Instruction and Practice.
With 100 children enrolled in the program, each child will participate in the general swim
practice 4 times.
At the beginning of the new school year in the fall, a new group of 12 children will participate in
weekly Junior Lifeguard training sessions for a series of six weeks (September – October).
Again, at the same time, larger groups of children will visit the pool for General Swim
Instruction and Practice. The program will be completed and funds will be fully expended in late
October 2011.
5
CITY COUNCIL AGENDA
AGENDA ITEM: “T”
Deliberate and take action on recommendation from the Swimming Pool Operations Advisory
Committee of an Off-Season reduced Student Pool Admission Fee of $2.00 valid through May
27, 2011 for ages 17 years and younger.
APPROVED FOR AGENDA:
SUMMARY STATEMENT: At its March 2, 2011 meeting, the Swimming Pool Operations
Advisory Committee recommended the approval of an Off-Season reduced Student Pool
Admission Fee of $2.00 valid through May 27, 2011 for ages 17 years and younger. This
reduced pool entry fee was requested by the Aquatics Manager as a way to attract school age
students to the pool during the off-season months. The Swimming Pool Operations Advisory
Committee will review the impact of this reduced fee at its June 2011 meeting, and will consider
it for renewal in the fall.
STAFF RECOMMENDATION: That the City Council approves the Off-Season Student Pool
Admission Fee of $2.00 valid through May 27, 2011 for ages 17 years and younger.
Pool Student Fees.doc
Page 1 of 1 Pages
PERMIT STATISTICS FOR MONTH OF FEBRUARY 2011
1. Nature of Building Permits
Number
Permits
2
0
0
0
0
0
TYPES
Single Family
Foundation
Duplex
Multi-Family
Commercial Buildings
Industrial Buildings
Relocation & Demolish
Swimming Pools
Signs
Other
Alterations & Additions
To Dwellings
To Commercial Buildings
To Industrial Buildings
Total
0
1
31
0
4
2
0
40
Plan Check
Fees
$
80.00
$
$
$
$
$
$
$
$
$
$
$
120.00
$
127.50
$
$
327.50
Permit Fees
Total Fees
$
$
$
$
$
$
1,020.00
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
30.00
1,696.00
445.00
225.00
3,416.00
$
$
$
$
$
$
$
$
1,100.00 $
$
$
$
$
$
$
30.00 $
1,696.00 $
$
565.00 $
352.50 $
$
3,743.50 $
2. Number of Inspections
Number of Inspections
Last Month
(Jan 11)
16
30
40
15
3
104
3.36
This Month
(Feb11)
Building
Electrical
Plumbing
Mechanical
Miscellaneous
Total:
Daily Average
26
48
35
18
1
128
4.58
Same Month Last Calendar Year
Year (2-10)
to Date
21
31
48
15
0
115
4.11
42
78
75
33
4
232
0
3. Permits Issued & Fees Collected
Building
Number
40
Permit Fees $ 3,743.50
$
23
5,395.00
$
24
9,432.50
$
63
9,138.50
Number
Permit Fees $
30
847.52
$
22
1,412.29
$
16
627.81
$
52
2,259.81
Number
18
Permit Fees $ 1,040.00
$
22
690.00
$
29
1,170.00
$
40
1,730.00
Number
Permit Fees $
$
17
120.00
$
$
24
120.00
Electrical
Plumbing
Sewer
7
-
0
-
Mechanical
Number
Permit Fees $
Permits Issued
Total All Fees $
11
670.00
106
$
6,301.02
$
9
460.00
93
8,077.29
9
$
$
490.00
78
11,720.31
20
1,130.00
199
$ 14,378.31
$
Valuation
240,000.00
.
1,700.00
198,978.88
72,500.00
43,000.00
556,178.88
DEPARTMENT OF BUILDING & DEVELOPMENT
CODE ENFORCEMENT REPORT AS OF WEEK ENDING 3/16/11
PROPERTY ADDRESS
ESTIMATED
DATE OF
COMPLETION
ORIGIN
CODE
ALLEGED
VIOLATION
DATE OF
INSPECTION
ACTION TAKEN/FOLLOW UP ACTION
1319 S Live Oak
*
High weeds,
junk and trash
10/21/10
30 days have past. Charges will be filed
week of 10/18/10. Court date set 12/2/10. As
of 1/4/11, court unable to contact owner.
Court will continue to try to reserve. Owner
requested jury trial. Date will be set for March
or April.
4/29/11
302 W Market
B
Illegal signs
12/16/10
Sent letter 12/16/10, giving property owner 10
days from receipt of letter to obtain sign permit
or remove signs. Signs have not been
removed. Charges will be filed week of 1/3/11.
Scheduled to appear 2/17/11 in court. Court
date rescheduled for 3/3/11. Rescheduled for
4/7/11.
4/8/11
308 N Fuqua
B
Junk & trash
1/20/11
days from receipt of letter to remove junk and
trash. Work has not been done. Charges will
be filed week of 2/1/11. Receipt returned
unsigned. Placard property 2/14/11. Charges
will be filed week of 3/1/11.
3/30/11
1315 S Church
B
Junk car &
high weeds
1/20/11
30 days (junk car), from receipt of letter to
mow and remove car. Charges will be filed
week of 3/1/11. Court date set for 4/7/11.
4/8/11
LEGEND: Origin Code
A: Citizen Complaint C: Keep Rockport Beautiful
B: City Council/ Staff D: Neighborhood Association
DATE OF
COMPLETION
1
E: Other
*Repeat Offender
PROPERTY ADDRESS
ORIGIN
CODE
ALLEGED
VIOLATION
ESTIMATED
DATE OF
COMPLETION
DATE OF
INSPECTION
days from receipt of letter to remove junk
boat. Receipt signed 1/27/10. Ten (10) day
extension granted 3/1/11. Owner waiting for
relative to pick boat up.
days from receipt of letter to bring building up
to current code. Owner will start repairs week
of 3/1/11. Owner to start repairs week of
3/14/11.
3/21/11
935 Young
B
Junk boat
1/25/11
819 S Live Oak
A
Dilapidated
building
2/9/11
523 E Bay
B
Dilapidated
building
2/9/11
to current code. Receipt returned unsigned
2/22/11. Property placard 2/23/11 No work
observed. Will file charges week of 3/14/11.
3/10/11
729 Mathis
B
Dilapidated
building
2/10/11
to current code. Owner has started repairs.
Will continue to monitor.
511/11
747 Mathis
B
Dilapidated
building
2/11/11
5/11/11
LEGEND: Origin Code
DATE OF
COMPLETION
3/24/11
2
E: Other
*Repeat Offender
PROPERTY ADDRESS
ORIGIN
CODE
ALLEGED
VIOLATION
ESTIMATED
DATE OF
COMPLETION
DATE OF
INSPECTION
to current code. Building removed.
days from receipt of letter to clean trash.
Receipt signed 2/24/11. No work has been
started; charges will be filed week of 3/14/11.
5/11/11
1403 Live Oak
B
Dilapidated
building
2/11/11
1404 HWY 35 S
B
2/11/11
402 E Hackberry
B
Dilapidated
(burnt)
building
Trash
2/23/11
1709 Red Bird
A
Trash
3/2/11
Staff investigated complaint of trash, sent
letter 3/3/11, giving property owner 10 days
from receipt of letter to clean property.
Receipt signed 3/4/11. Property owner has
started clean up. Will continue to monitor.
5/14/11
801 Moline
A
Junk, trash &
junk car,
unsecured
building
3/9/11
days from receipt of letter to remove junk and
trash.
3/21/11
30 days from receipt of letter to remove junk
car and to secure buildings.
4/10/11
3/11/11
DATE OF
COMPLETION
3/11/11
4/7/11
NEW
LEGEND: Origin Code
3
E: Other
*Repeat Offender
PROPERTY ADDRESS
ORIGIN
CODE
ALLEGED
VIOLATION
DATE OF
INSPECTION
Staff investigated and found evidence of
dumping behind gated property. Staff notified
DPW to post signs indicating “NO
DUMPING”. Will research property owner
and will continue to monitor the area.
Notice must be posted by owner giving
permission to sale boats. Sent letter 3/15/11,
giving property owner 10 days to comply.
Lamar Dr
A
Illegal
dumping
3/10/11
2901 HWY 35 N
B
Illegal boat
sales
3/15/11
LEGEND: Origin Code
ESTIMATED
DATE OF
COMPLETION
DATE OF
COMPLETION
3/10/11
3/25/11
4
E: Other
*Repeat Offender
CITY OF ROCKPORT
BUILDING INSPECTION DEPARTMENT - PLAN REVIEW STATUS AS OF
3/16/11
PROJECT ADDRESS
APPLICANT
RESIDENTIAL COMMERCIAL NEW REMODEL ADDITION
222 IVY LANE
BRUCE MCMAHAN
X
PLAN REVIEWED
DATE
ELAPSED BUSINESS DAYS
ACTION TAKEN
COMPLETED
RETURNED
ON HOLD
10/21/2010
10/26/2010
CONTACTED CONTRACTOR
ENGINEER
DATE OUT DATE IN
X
PROJECT ADDRESS
APPLICANT
ENGINEER
DATE OUT DATE IN
712 S MAGNOLIA
B SUE TOOLE
X
X
PLAN REVIEWED
DATE
ACTION TAKEN
COMPLETED
RETURNED
ON HOLD
11/2/2010
11/5/2010
CONTACTED CONTRACTOR ADDITIONAL INFO NEEDED
PROJECT ADDRESS
DATE
APPLICANT
319 BROADWAY
R DIAS
PLAN REVIEWED
COMPLETED
RETURNED
ON HOLD
X
X
ENGINEER
DATE OUT DATE IN
2/14/2011 3/10/2011
ACTION TAKEN
1/28/2011
PROJECT ADDRESS
APPLICANT
66-A COPANO RIDGE
CHRIS HUFF
X
PLAN REVIEWED
DATE
COMPLETED
RETURNED
ON HOLD
2/23/2011
3/8/2011
PROJECT ADDRESS
DATE
APPLICANT
ENGINEER
DATE OUT DATE IN
ACTION TAKEN
1035 N AUSTIN
PRICE CONSTRUCTION
X
PLAN REVIEWED
COMPLETED
RETURNED
ON HOLD
ENGINEER
DATE OUT DATE IN
X
ACTION TAKEN
2/24/2011
PROJECT ADDRESS
APPLICANT
508 FULTON BEACH RD
BRYAN BRYANT
X
PLAN REVIEWED
DATE
COMPLETED
RETURNED
ON HOLD
2/28/2011
3/10/2011
PROJECT ADDRESS
APPLICANT
ACTION TAKEN
1003 S PEARL
ALLEN CNSTRUCTION
X
PLAN REVIEWED
DATE
COMPLETED
RETURNED
ON HOLD
2/28/2011
3/11/2011
PROJECT ADDRESS
APPLICANT
PROJECT ADDRESS
DATE
PLAN REVIEWED
COMPLETED
RETURNED
APPLICANT
LUPE MORENO
ON HOLD
ENGINEER
DATE OUT DATE IN
X
ACTION TAKEN
409 N BROADWAY
ARISTOR
X
PLAN REVIEWED
DATE
COMPLETED
RETURNED
ON HOLD
2/28/2011
3/16/2011
24 CULREW
ENGINEER
DATE OUT DATE IN
X
ENGINEER
DATE OUT DATE IN
X
ACTION TAKEN
X
ENGINEER
DATE OUT DATE IN
X
ACTION TAKEN
2/28/2011
PROJECT ADDRESS
DATE
3/1/2011
PROJECT ADDRESS
DATE
3/2/2011
PROJECT ADDRESS
DATE
PLAN REVIEWED
COMPLETED
RETURNED
3/16/2011
PROJECT ADDRESS
DATE
APPLICANT
APPLICANT
ON HOLD
X
ACTION TAKEN
APPLICANT
ENGINEER
DATE OUT DATE IN
X
ACTION TAKEN
37 MAZATLAN
PRECISE
PLAN REVIEWED
COMPLETED
RETURNED
ON HOLD
ENGINEER
DATE OUT DATE IN
X
X
3/9/2011
X
ENGINEER
DATE OUT DATE IN
X
ACTION TAKEN
Denied due to setback between bldg
PROJECT ADDRESS
DATE
ACTION TAKEN
KRAUSE CONSTRUC
ENGINEER
DATE OUT DATE IN
X
225 JOHN D WENDELL
BANYAN STEEL
PLAN REVIEWED
COMPLETED
RETURNED
ON HOLD
3/8/2011
11 HWY 35
3/9/2011
APPLICANT
1113 EGRET
DOMINGO GONZALES
X
PLAN REVIEWED
COMPLETED
RETURNED
ON HOLD
3/16/2011
APPLICANT
1841 BAYSHORE
GARY HALE
X
PLAN REVIEWED
COMPLETED
RETURNED
ON HOLD
ENGINEER
DATE OUT DATE IN
X
ACTION TAKEN
3/10/2011
PROJECT ADDRESS
DATE
APPLICANT
1023 S FUQUA
THAD DANIEL
X
PLAN REVIEWED
COMPLETED
RETURNED
ON HOLD
ENGINEER
DATE OUT DATE IN
X
ACTION TAKEN
3/11/2011
PROJECT ADDRESS
DATE
APPLICANT
1019 S MAGNOLIA
LUKE HARMS
X
PLAN REVIEWED
X
ACTION TAKEN
ENGINEER
DATE OUT DATE IN
DATE
3/15/2011
COMPLETED
RETURNED
ON HOLD
ACTION TAKEN
Cumulative
Building
Valuations Report
Month:
2008
Year 2008
thru Dec 2010
Year 2009
January
February
March
April
May
June
July
August
September
October
November
December
$
$
$
$
$
$
$
$
$
$
$
$
4,043,113.00
2,596,689.00
2,666,044.00
3,998,820.00
2,436,820.00
1,434,903.00
1,372,240.00
2,098,731.00
1,912,271.80
1,183,484.00
1,397,018.00
909,660.00
$
$
$
$
$
$
$
$
$
$
$
$
654,450.00
499,400.00
806,400.00
991,098.00
975,517.00
1,479,696.00
3,777,368.00
954,628.00
1,260,926.00
191,490.00
1,545,741.00
1,007,281.00
Total:
$ 26,049,793.80
$
Year 2010
3,243,794.25
4,204,355.00
1,975,530.00
773,114.00
3,424,862.00
3,502,885.00
1,485,444.00
1,394,702.00
801,622.00
782,428.00
815,620.00
969,345.00
$
$
1,081,906.00
556,178.88
14,143,995.00
$ 23,373,701.25
$
1,638,084.88
SFD
2008
Valuation
thru December
$ 14,950,883.00
2009
Valuation
thru December
$
7,672,918.00
2010
Valuation
thru December
$ 12,172,014.25
$
2011
Valuation
thru Dec.
899,556.00
Comm. Bldgs
$
$
$
$
-
Multi-Family
$
$
-
Total
$ 18,887,423.00
TOTAL
New
Const
3,936,540.00
2,454,834.00
-
Cumulative Number of Permits Issued
Jan.
Thru December
Type
No. in 2008
SFD
110
Comm. Bldgs
12
Multi-Family
0
TOTAL
122
$
$
$
$
$
$
$
$
$
$
$
$
Year 2011
$
$
10,127,752.00
Thru December
No. in 2009
66
4
0
70
4,158,990.00
-
$ 16,331,004.25
Thru December
No. in 2010
83
5
0
88
$
899,556.00
Thru Dec.
No. in 2011
6
0
0
6
CITY OF ROCKPORT
901 E. MAIN – ROCKPORT, TEXAS 78382
(361) 790-1125 – FAX (361) 729-6476
PENDING DEVELOPMENT REPORT: ENDING DATE OF 3/2/2011
ADDRESS
TYPE OF
DEVELOPMENT
1815 BROADWAY
RESTAURANT
319 BROADWAY
BUSINESS
11 HWY 35 N
BANK (REMODEL)
Pending Development Report/2004Forms
NAME OF DEVELOPMENT
DATE OF
FILING
TYPE OF
THE GLOW
1-25-2011
APPLICATION
BUILDING
CHAMBER OF COMMERCE
2/24/2011
BUILDING
VALUE BANK
3/9/2011
BUILDING
CITY OF ROCKPORT
MINUTES
SWIMMING POOL OPERATIONS ADVISORY COMMITTEE
3:00 P.M. Regular Committee Meeting
Wednesday, March 2, 2011
Community Aquatic Park
2001 Stadium Drive
On this the 2nd day of March, 2011 the Swimming Pool Operations Advisory Committee
convened at 3:00 p.m. at the Community Aquatic Park, and notice of meeting giving
time, place, date, and subject posted in accordance with The Texas Government Code,
Section 551.041.
VOTING MEMBERS PRESENT:
Leo Villa, City of Rockport Councilman, Committee Chairman
Howard Murph, Aransas County Commissioner
Tom Staley, City of Rockport Representative/Director, Parks & Leisure Services
Pat Hopper, Friends of the Pool
OTHERS PRESENT
Lindy Madill, Aquatics Manager
I.
CALL TO ORDER
The meeting was called to order by the Chairman at 3:00 p.m.
II.
CITIZENS TO BE HEARD
There were no citizen comments
III.
A. Deliberate and take action to approve the January 19, 2011 regular meeting
minutes of the Swimming Pool Operations Advisory Committee.
MOTION: Howard Murph introduced a motion to approve the meeting minutes of
January 19, 2011 as written. Tom Staley seconded the motion. Motion carried
unanimously.
____________________________________________________________________________________________________________
Swimming Pool Operations Advisory Committee
Page 1 of 4
March 2, 2011
B. Review aquatic financial results for the months of October, 2010 through
January 2011.
Tom Staley distributed copies of the aquatic financial report to committee members for
review and discussion (attached). Tom reported that total revenue for the three month
period was $77,382 compared to $53,922 in the previous year. The most significant
difference was $40,000 received from the school district, compared to their contribution
of $8,750 last year. The school district has now fully paid the required $40,000 for its
four month (Nov.-Feb.) lease of the pool. Total operating expenses this year totaled
$55,444 compared to $59,585 last year. While the total personnel expense is down
$18,000 this fiscal year, other expenses are higher. Utility expenses are $4,000 higher, a
pallet load of chlorine tablets was purchased at a cost $4,000, and $3,700 for contracted
work to apply a 2” concrete cap over the epoxy coated locker/restroom floors. The
financial report shows a net profit of $21,938 through the month of December, compared
to a net loss of ($2,704) for the same period in the previous year. However, this year’s
profit is due to the $40,000 received from the school district. Tom said that the goal is to
enter the month of May in a breakeven or better financial position.
C. Review attendance and financial results of Saturday pool operating hours for
the period of January 8, 2011 through February 12, 2011.
Committee members reviewed results of Saturday pool operations from January 8, 2011
through February 26, 2011 (attached). The number of swimmers in January ranged from
12 to 20, and in February from 7 to 28. In general, the better the weather conditions, the
better the attendance. The net loss measured by revenue received less personnel expense
was $156.64 in January and $34.48 in February.
D. Review attendance and results of pool opening 1:00p.m.-2:00p.m. Tuesday
through Friday, for a low impact aerobic class beginning the week of
February 8-11, 2011.
Committee members reviewed attendance and results of low impact aerobic classes for
the month of February 2011 (attached). Attendance and operating days were low, in part
due to cold weather, and the hour sustained a loss of $70.
E. Deliberate and take action recommending approval of Spring Break
Operating Schedule.
Committee members reviewed the expanded hours recommended for the March 12-20
Spring Break period (attached March 2011 operating schedule). Tom stated that the pool
has historically opened longer weekday and weekend hours during the local school
district Spring Break period. He said that if the weather cooperates the pool should
generate good revenue. Last year the pool received over $4,000 in fees and sales.
____________________________________________________________________________________________________________
Page 2 of 4
March 2, 2011
MOTION: Howard Murph introduced a motion recommending the Spring Break
Operating Schedule. Pat Hopper seconded the motion. Motion unanimously approved.
F. Deliberate and take action on request from the Special Education Department
of Rockport-Fulton High School for eight days of pool use in April to prepare
students for Special Olympics.
Carolyn Allison said that she has about 20 Middle School and High School Special
Education students that need use of the pool in April and May in preparation for a Special
Olympics Aquatics Meet in Corpus Christi on May 5-6, 2011. She requested a one hour
period of use of the pool on the following dates: April 1,6,12,14,19,21, and May 3, 4.
Following committee discussion all in attendance agreed that the students could use the
pool during normal lap swim time without negatively impacting other patrons. Carolyn
said that the school district will reimburse the pool for the attending students. No formal
action was required by the committee.
G. Deliberate and take action to recommend a “student rate” for daily pool
admission.
Aquatics Manager, Lindy Madill, asked the committee to consider offering a $2
admission fee to the pool for students of age 17 years and below for the period of Labor
Day until Memorial Day Weekend. Following committee discussion, members favored
the lower student rate during the off-season rate for the remainder of this off-season
period until Memorial Day Weekend (May 27th). Then, the committee will review results
prior to considering continuing the lower pool admission fee in the fall.
MOTION: Tom Staley introduced a motion recommending the approval of a daily pool
“student rate” of $2 for pool admission through May 27, 2011 for students of age 17
years and below. Pat Hopper seconded the motion. Motion unanimously approved.
H. Receive “Friends of the Pool” Report, including status of 501 (c) (3)
application, the Capital Challenge Swim program, and other initiatives.
Pat Hopper informed the committee that the Friends of the Pool (FOP) have now
obtained the 501 (c) (3) status with great thanks to John Mitchell for his hard work and
his excellent application. She commented that the “Capital Challenge” is well underway
with 20 entries. She said this swimming distance competition will run through the rest of
the year. Pat added that the FOP are finalists for a Rural Community Impact Grant. A
total of $20,000 will be awarded in grant funds, and the FOP is seeking funds to provide
swimming lessons for the Odyssey Program. Pat said that the FOP will have a table at
Business Showcase to gain awareness and recruit members. And, finally Pat said that the
FOP has funds to help purchase needed aerobic class equipment, if the pool will provide
some amount of matching funds. Tom asked that she and Lindy develop a priced,
priority list of needs for presentation at the next committee meeting.
____________________________________________________________________________________________________________
Page 3 of 4
March 2, 2011
I. Receive Aquatics Manager Operations Report on planning for summer
operations: plan to repair the PVC Training Platform; the status of the
expectant $1,000 WalMart donation, and facility advertising efforts.
Lindy Madill said that she will have the PVC Platform ready to go by the 3rd week of
March 2011. She said that she submitted another application to WalMart, but has not
heard from them yet. And, she said that the high school athletic department is purchasing
a Pirate Swim Team banner that will hang from the tennis court fence at the corner of
Stadium Drive and Enterprise Blvd., and it will include an arrow pointing towards the
pool.
IV.
ADJOURNMENT:
_______________________
Leo Villa, Chairman
____________________________________________________________________________________________________________
Page 4 of 4
March 2, 2011
CITY OF ROCKPORT
MINUTES
PARKS & LEISURE SERVICES ADVISORY BOARD
SPECIAL MEETING
6:00 p.m. Monday, February 28, 2011
Rockport City Hall,
622 E. Market Street, Rockport, Texas
On this the 28th day of February, 2011 the City of Rockport Parks & Leisure Services
Advisory Board met at 6:00 p.m. at Rockport City Hall, 622 E. Market Street, Rockport,
Texas and with notice of meeting specifying time, place, date, and subject posted in
accordance with the Texas Government Code, § 551.041.
BOARD MEMBERS PRESENT:
Chet Cloudt
Bob Shoemaker
Ty Brisgill
Jane Gimler
Melinda Mills
BOARD MEMBERS ABSENT:
Cassandra Perkins
Richard Corbit
OTHERS PRESENT:
Tom Staley, Director, Parks & Leisure Services Department
Leo Villa, Council Member
Vicki Pitluk, Public Relations Consultant for the City of Rockport
Judy Sanders, Community Garden Advocate
I.
CALL TO ORDER
The meeting of the City of Rockport Parks & Leisure Services Advisory Board was
called to order by the Chair at 6:03 p.m.
II.
CITIZENS TO BE HEARD
There were no citizens present wishing to speak on an item not on the meeting agenda.
III.
A. Deliberate and take action to approve the January 24, 2011 regular meeting
minutes of the Parks & Leisure Services Advisory Board.
.
Minutes of the Parks & Leisure Services Advisory Board
February 28, 2011
Page 1 of 4
MOTION: Ty Brisgill moved to approve the regular meeting minutes of January 24,
2011 as written. Melinda Mills seconded the motion. Motion unanimously approved.
B. Receive update on completion of the Archaeological Study at the northern
section of the planned Tule Hike & Bike Trail.
Tom Staley informed board members that Gulf Coast Archaeologists accomplished an
on-site Archaeology Survey at the Tule Hike & Bike Trail, February 12-13, 2011 without
any finds. Tom said that the complete Archaeological Study Report should be submitted
by the Archaeologist to TxDOT and the Texas Historical Commission by the end of this
week. He said that the project is on the TxDOT schedule to go out for bids in April.
C. Receive report on the first meeting of the Community Center Focus Group
held on February 24, 2011.
Tom Staley reported that board member Richard Corbit conducted the first meeting of the
Community Center Focus Group on Thursday, February 24, 2011. The meeting was
attended by three of the members of the original focus group: Brian Olsen, Elaine Wood,
and Jerry Beattie. Tom Staley and City Council Member Adelaide Marlatt also attended.
The main purpose of this initial meeting was to inform the attendees of the current status
of the community center, and to provide a draft Mission Statement for the focus group to
review and comment. The focus group members were satisfied with the Mission
Statement, therefore, Tom is presenting it to this board for approval. Board members
reviewed the Mission Statement, and provided recommended changes as follows: to retitle it to read as a Mission & Objectives Statement, and to break down the statement into
objectives shown in bullet form.
D. Deliberate and take action on recommending site(s) suitable for use as a
community garden.
Tom Staley briefed board members on the recent City Council Meetings in which the
subject of a community garden was discussed. He said that the council reviewed and
discussed three possible locations for this activity: (1.) an area of open space between the
Tule Hike & Bike Trail and the Wal-Mart property line. (2.) The site of the City Pride
Sign fronting Bus. Hwy 35 N. and south of East Laurel Street. (3.) The Fourth Street
Water Tower property. Tom said that the City Council did not agree on a site selection.
The City Council referred the issue to this board, with a task of identifying other potential
sites for this purpose, and to bring recommendations back to the council at its next
regular meeting on March 8, 2011.
Judy Sanders, spokesperson for the community garden initiative, provided board
members with a history of the concept for a community garden. She stated that there are
many in our area who struggle to put food on the table for their families, and that in a
community garden setting they can learn to plant and harvest a variety of vegetables
February 28, 2011
Page 2 of 4
affordably. Judy indicated that she has obtained the signatures of 250 people, who are
interested in participating. Judy said that the paperwork has been filed to create a nonprofit association for this effort, and that the association plans to self-manage and fund
the gardens. She said that each raised garden plot will be 4’x 8’ in size.
Tom, then presented three locations to the board for review and discussion: (1.) An area
of open space, approximately ½ acre in size behind the soccer fields at Memorial Park.
(2.) An area of open space, approximately 3,000 square feet of space at Mathis Park. (3.)
A large City Right-of-Way, approximately 2-acres in size between Fuqua and Verne
Streets. The board discussed the pro’s and con’s of these locations with the two
community garden representatives. Board member Ty Brisgill offered an additional
suggestion: to utilize the entire fenced in area of Mathis Park, approximately ¾ acre in
size, for the gardens. He said that along with being fenced, it has both water and power
available. He lives close to the park and sees little public use of it, except on holidays.
The nearby basketball court is used, but it is separately located from the fenced section of
the park. Both Melinda Mills and Chet Cloudt agreed with Ty’s suggestion, with
Melinda adding the picnic table and children swings in the park will serve as an added
benefit to those coming to work in the gardens. The community garden representatives
stated that their preferred site is the City Right-of-Way between Fuqua and Verne Streets.
Councilman Leo Villa, while supportive, reminded the board that back several years ago,
when this site was considered as a location for a new city park, area residents expressed
sufficient concerns and the park plan was withdrawn. So, he said that if the City Council
agrees with this location, then he will ask for a public meeting at the site, so that area
residents can express their views.
MOTION: Ty Brisgill introduced a motion that the board recommend the following two
sites in order of precedence to the City Council as locations suitable for use as a
community garden: (1.) The City Right-of-Way between Fuqua and Verne Streets. (2.)
The fenced area of Mathis Park. Bob Shoemaker seconded the motion. Motion
unanimously approved.
E. Receive update on the architect’s progress towards completing the
construction plans for the community center.
Tom Staley said the preparation of the community center construction plans are in
progress, and that the architect expects to have them finished by the end of this month.
F. Review and discuss the “Implementation Plan” Section of the Parks & Open
Space Master Plan.
Each board member was provided with a final copy of the Parks & Open Space Master
Plan. Tom Staley referred them to the “Implementation” section of the plan to read over
before the next meeting. He reminded them that one “to-do” item on this years task list
is to locate an area space suitable for a dog park, and he asked the board to be looking
and thinking about any possible sites. Tom recommends a minimum of 3-acres.
February 28, 2011
Page 3 of 4
G. Deliberate and take action on determining the desired objectives for a
Memorial Park Master Plan.
Tom Staley informed the board that it is now time to focus on developing a Master Plan
for Memorial Park. Tom indicated that because of the park growth to the west, a second
park entrance is needed, along with additional parking, as well as, a development plan for
the newly added acreage. A board member asked if the Water Quality Committee still
has plans to develop a constructive wetland in the acreage west of the current park
property line. Tom stated that the Water Quality Committee has dropped that project, but
that the use of that land has not yet been officially designated. Board members agreed
that until the plans for that 30 plus acres is certain, the Board should not move forward on
the Master Plan. No vote was taken on this item.
H. Receive information on upcoming programs and events to include: 23rd
Annual Whooping Crane Strut Run/Walk, March 12, 2011, 8:00a.m., Arbor
Day Recognition Event in April ( date and location to be determined), and
Adopt-a-Beach Spring Cleanup, April 30, 2011 at Rockport Beach Park,
9:00a.m.-12:00p.m.
Tom reminded board members of the upcoming Whooping Crane Strut, saying that early
registrations are coming in at a record pace. As usual, lots of volunteer help is needed for
this event. Bob Shoemaker suggested that a tree-planting be conducted at the new Bay
Education Center in recognition of Arbor Day. And, Tom pointed out to the members
that the beach clean-up is one week later this year (April 30th), instead of the usual 4th
Saturday in April.
IV.
ADJOURNMENT
_____________________
Jane Gimler, Chair
ATTEST
________________________
Tom Staley, Director
February 28, 2011
Page 4 of 4
03/22/11
2010 UTILITIES / PUBLIC WORKS
DEPARTMENT UPDATE
WATER DEPT.
1)
Service Center Complex – Design 90% complete. Plan to bid mid May 2011.
2)
Water Tower – Received approval from TxDOT for driveway permit. CBI moving in late March
or early April.
3)
Began annual valve exercise program.
WASTEWATER DEPT.
1)
Phase II Hood Street Sewer Grant Project (CDBG for Aransas County) – Project Complete.
2)
Linden Street Grant Project (CDBG for City of Rockport) – Island Construction laying pipe.
Project is 80% complete. Waiting on pumps for lift station.
3)
Linden Street Sanitary Sewer Rehab – Island Construction on site. Water line complete. Project is
complete.
4)
WWTP Generator Replacement – Teal Construction on site. Building and new service 90%
complete. Wiring motor center. Testing auxiliary generator.
5)
WWTP Nutrient Removal –TCEQ permit amendment approved. Received one comment from
TCEQ. Award contract 03/22/11.
6)
Hwy 35 force main relocation from Cactus north to the Airport – Met with TxDOT 02/01/11.
Opened bid 03/16/11.
NATURAL GAS DEPT.
1)
Atmospheric Corrosion program
PUBLIC WORKS DEPT.
1)
Master Plan Drainage Crossings – Project is approximately 80% complete on design. Includes two
large box culverts crossings on FM 1781, two on FM 2165 and work around Spanish Woods area.
Bid April 2011.
2)
Lady Claire Drainage – Bid 03/17/11. Award contract 03/22/11.
C:\Documents and Settings\Irma Parker\My Documents\March 22, 2011 Agenda\STAFF REPORT PW Project Update.doc
EXECUTIVE
SESSION
SECTION 551.071(1)(c)
CONSULTATIONS WITH
ATTORNEY
A governmental body may consult with its
attorney to seek his or her advice on legal
matters: on a matter in which the duty of
the attorney to the governmental body
under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of
Texas clearly conflicts with this chapter.
March 22, 2011

CITY OF ROCKPORT AGENDA CITY COUNCIL REGULAR

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