HomeMy WebLinkAboutSeptember 25, 2007 RegularREGULAR MEETING-September 25, 2007
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Henderson gave the invocation followed with the pledge to the flag.
The City Council of the City of Port Artriur met in Regular Session on Tuesday,
September 25, 2007 at 5:33 p.m. in the City Council Chamber, City Hall, with the
following members present: Mayor Deloris °Bobbie" Prince; Mayor Pro Tem Michael
~~Shane" Sinegal; Councilmembers Jack Chat~man, Jr., Cal Jones, Thomas ]. Henderson,
Martin Flood and Robert E. °Bob" Williamson; City Manager Steve Fitzgibbons and City
Secretary Evangeline "Van" Green.
Councilmember John Beard, Jr. was absent from the Regular Meeting.
City Attorney Mark T. Sokolow joined the Regular Meeting at 5:38 p.m.
II. PROCLAMATIONS & MINUTES
Proclamations For September 27, 2007
7ulie Rogers "Gift of Life" Program Day
Breast Cancer Awareness Month -- October, 2007
"Mammography Day" -October 21, 2007
Julie Rogers "Gift of Life" Marketing Coordinator Kathy Chessler received the
proclamation and spoke on the importance o~F early detection of breast cancer.
Dr. Winifred Frelow distributed gift bags that included breast cancer awareness
information.
Minutes
August 28, 2007 -Regular
Upon the motion of Councilmember Henderson, seconded by Councilmember Chatman
and carried unanimously, the City Council approved the above-mentioned minutes.
September 4, 2007 -Special
Upon the motion of Councilmember Henderson, seconded by Councilmember Jones and
carried unanimously, the City Council approved the above-mentioned minutes.
September ii, 2007 -Regular
Upon the motion of Councilmember Henderson, seconded by Councilmember Jones and
carried unanimously, the City Council approved the above-mentioned minutes.
III. PETITIONS & COMMUNICATIONS
A. Presentation
September 27, 2007 - "3 In 1 Ce%ebration"
..
Reopening Of The Robert A. Bob Bowers Civic Center And Port
Arthur Convention & Visitors Bureau & An Expression Of Thanks
To All City Employees During Huriricane Rita Recovery
Civic Center Director Adam Saunders appeared before the City Council to extend
invitations to attend a "Three in One Celebration" for the re-opening of the Robert A.
"Bob" Bowers Civic Center, Thursday, September 27, 2007. Mr. Saunders provided the
following event schedule: '~An Expression of Thanks to the City Employees for a Job
Well Done" to be held at 3:00 to 4:00 p.m.; "Plaque Unveiling/Ribbon Cutting for the
Re-Opening of the Bob Bowers Civic Center and Port Arthur Convention and Visitors
Bureau" to be held at 4:45 to 5:00 p.m. and ~~Tour of the Civic Center" to be held at
5:00 to 6:00 p.m. He extended appreciation to DRC Emergency Services, LLC for
providing refreshments for the upcoming event.
B. Speaker
Henry Bowie Regarding Electricity Provided To Homes And
Businesses -NOT PRESENT
C. Correspondence
(1) Candidate Certification
City Secretary Evangeline Green read the following correspondence into the record:
CERTIFIt;ATION
This is to certify that the foflov~ring candidates have duly filed with
this office to be placed on the Ballot of the City of Port Arthur Special
Election to be held on November 6, 2007:
Councilmemb~:r Position 7
Willie ~~Bae" Lewis, )r.
David M. Albright
Dawana Kay Wise
2301 Lakeshore Drive
3750 South ML King Drive
735 Stilwell
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20th day of
August, 2007.
/s/ Evangeline Green, City Secretary
The Seal of the City of Port Arthur
(2) Certificate of Appointment
City Secretary Evangeline Green read the following correspondence into the record:
CERTIFICATE OF APPOINTMENT
Pursuant to the provisions of Section 392.031 of the Local
Government Code of Vernon's Annotate°d Civil Statues, I, Deloris "Bobbie"
Prince, Mayor of Port Arthur, Texas, do hereby certify that on the 25th day
of September, 2007, that I have appointed Reverend Ronnie Linden as a
Commissioner of the Housing Authorit`~ of Port Arthur, Texas. Said term
will expire on the 27th day of September, 2009.
/s/ Deloris "IBobbie" Prince, Mayor
City of Port Arthur, Texas
The Seal of the City of Port Arthur
V. UNFINISHED BUSINESS
Resolutions
(1) P. R. No. 14281 - A Resolution Approving The Continued
Use Of Section 4A Sales And Use Tax Within The City Of
Port Arthur To Promote Or Develop New Or Expanded
Business Enterprises That Create Or Retain Primary Jobs,
Port Arthur City Council Page 2
Regular Meeting -September 25, 2007
Including A Project To Provide Demolition Of Existing
Structures Until May 2010 (;Proposition 9)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember• Flood and seconded by Councilmember
Williamson that Proposed Resolution No. 14281 be adopted.
Mayor Pro Tem Sinegal requested that the following dialogue be entered into the
record:
Mayor Pro Tem Sinegal:
Yes, Mr. Batiste, your Board has voted to take the...$iM for the next two years, we go
at one year at a time. Okay, if we approve this item tonight, how does it affect the
operating fund?
EDC Chief Executive Officer Floyd Batisite:
Currently, we have $iM...amount...$750,000 in our development account. If the Council
approves this proposition, it would leave the EDC with $.5 Million in the development
account.
Mayor Pro Tem Sinegal:
Okay, so that's for each year. Let's say we use this money for both years. So that it
would leave $.5 Million. And I want that stated for the citizens of Port Arthur, because
the citizens have decided that they want the EDC and they want it to be able to
operate. The citizens also gave us the c-ption to take that money and use it for
demolition and parks. I'm just stating this for the record. So what we are charged with
tonight is to decide what is best at this presE~nt time for Port Arthur. This is not against
demolition or for demolition, or against parkas or for parks. We have already approved
the parks at the last meeting, so that $250,000 has already been allocated in your
budget.
One thing that we need to understand is that I get just as many calls for high grass and
overgrown lots where we have torn buildings down. And Mr. Baker is pulling his hair
about that. So those same citizens, once wee tear these buildings down, of course they
are safe havens for vagrants and different people like that, but once we tear these
houses down, there needs to be a program where we can cut this grass or find
out...recoup some of this money. I think Fast Council meeting, it was stated that we
have spent $250,000 to maintain lots and cutting grass. And, you know because once
we tore the property down, the grass, you know, that's crazy...$250,000. So we just
need to tell the whole story, that we also h<~ve to maintain these lots after we tear the
property down.
Now I got one call in the last month that m2~de a lot of sense to me about why I should
support this, taking this money. If it is going to shut your budget down, the next thing
we need to do is try to decide whether or not we want to keep the EDC. You know...a
year or two years from now...you will bouncE~ back and all that money will be coming in.
But you are going to operating on a thin budget for the next two years. I want the
citizens to understand that also. So everyone that is saying let's just take this money
and tear these houses down, they need to tell the citizens that the EDC, which they
voted for, that we probably are going to have six votes to take this money and that
money will not be able to bring new businesses in and employment in. So it just needs
to be said.
So...like I said I got one call and it made a lot of sense. Let's not lock our...lock the
Council out of being able to use this money. Frankly, I know if we get this money, we
are going to use it. We are going to find somewhere to use it. So it won't be like it is
just going to sit there and we're not going t:o use it. But I want to make that clear for
the citizens of Port Arthur. There is no best scenario. Yes, we can tear houses down,
yes we can with this money. It is not going to tear all the houses down. But I just want
Port Arthur City Council Page 3
Regular Meeting -September 25, 2007
the citizens to understand that this is the decision that we are going to have to make
tonight and it is not an easy decision either way. It is not a right or wrong, it is what is
just best at this time and that is the way I ann going to vote. Thank you.
EDC Chief Executive Officer Floyd Batiste appeared before the City Council to address
additional inquiries related to the proposed EDC Fiscal Year 2008 Budget; and current
grant and loan programs.
Community Services Director Lawrence Baker appeared before the City Council to
comment on the obstacles in acquiring demolition grants and reported that grass cutting
liens are being filed on property owners.
Assistant City Manager and Human Resources Director Harvey Robinson appeared
before the City Council to recommend consideration in adopting the Proposed
Resolution.
City Attorney Mark Sokolow stated that approval of the Proposed Resolution would
require six favorable votes.
The following roll call vote was taken on the motion to ado pt Proposed Resolution No.
14281:
Councilmember Chatrnan "Yes"
Councilmember Flood "Yes"
Councilmember Henderson "Yes"
Councilmember )ones- "No"
Councilmember Williamson "Yes"
Mayor Pro Tem Sinegal "Yes"
Mayor Prince "Yes
The motion to adopt Proposed Resolution Nc-. 14281 carried over the dissenting vote of
Councilmember Jones, becoming Resolution INo. 07-429.
The caption of Resolution No. 07-429 reads as follows:
RESOLUTION NO 07-429
A RESOLUTION APPROVING THE CONTINUED
USE OF SECTION 4A SALES AND USE TAX
WITHIN THE CITY OF PORT ARTHUR TO
PROMOTE OR DEVELOP NEW OR EXPANDED
BUSINESS ENTERPRISES THAT CREATE OR
RETAIN PRIMARY 70BS, INCLUDING A
PR07ECT TO PROVIDE DEMOLITION OF
EXISTING STRUCTURES UNTIL MAY 2010
(PROPOSITION 9)
(2) P. R. No. 14283 - A Resolution Authorizing A Contract With
Germer Gertz For Legal Services As The Primary Attorney
For The City Of Port Arthur Section 4A Economic
Development Corporation And The Approval Of Ancillary
Legal Assistance From The City Attorney's Office
At the request of the City Attorney, the above-mentioned Proposed Resolution was held
until after the Executive Session.
(3) P. R. No. 14367 - A Resoluition Authorizing The Purchasing
Division To Advertise For The Sale Of Lots 1-7, Block 462
Owned By The City Of Port Arthur (Requested By City
Manager)
The Mayor introduced the above-mentioned Proposed Resolution.
Port Arthur City Council Page 4
Regular Meeting -September 25, 2007
The motion was made by Councilmember Chatman and seconded by Councilmember
Henderson that Proposed Resolution No. 14367 be adopted.
The City Manager recommended tabling the Proposed Resolution.
The motion was made by Councilmember V1lilliamson and seconded by Councilmember
Chatman that Proposed Resolution No. 1436;~ be tabled.
Proposed Resolution No. 14367 was tabled.
(4) P. R. No. 14369 - A Resolution Authorizing The Execution
Of An Agreement Between The City Of Port Arthur Section
4A Economic Development Corporation And The City Of
Port Arthur As It Pertains To Administrative Charges For
The Fiscal Year October 1, 2007 Through September 30,
2008
At the request of the City Attorney, the above-mentioned Proposed Resolution was held
until after the Executive Session.
Ordinance
P. O. No. 5792 - An Ordinance Authorizing The Sale Of The
Land Located At 4444 Highland Drive, Port Arthur, Texas,
.235 Acres (Lot 10, Block ~40, Griffin Park) Excluding The
Lift Station And The 8 FeE~t By 93.77 Feet Parcel In The
Amount Of $3,600 To Sanchez Remodeling Of Port Arthur,
Texas
The City Manager introduced the above-menitioned Proposed Ordinance.
The motion was made by Councilmember Chatman and seconded by Councilmember
Jones that Proposed Ordinance No. 5792 be ;adopted.
Mrs. Gloria Sanchez, 1326 DeQueen Boulevard appeared before the City Council to
discuss building plans for the property.
City Engineer and Assistant Public Works Director Ross Blackketter appeared before the
City Council to address property setback inquiries.
Proposed Ordinance No. 5792 was adopted, becoming Ordinance No. 07-67.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood and Williamson.
Voting No: None.
The caption of Ordinance No. 07-67 reads as follows:
ORDINANCE N0.07-67
AN ORDINANCE AUTHORIZING THE SALE OF
THE LAND LOCATED AT 4444 HIGHLAND
DRIVE, PORT ARTHUR, TEXAS, .235 ACRES
(LOT 10, BLOCK 40, GRIFFIN PARK)
EXCLUDING THE LI1=T STATION AND THE 8
FEET BY 93.77 FEET PARCEL IN THE AMOUNT
OF $3,600 TO SANCHEZ REMODELING OF PORT
ARTHUR, TEXAS
VI. CONSENT AGENDA
Port Arthur City Council Page 5
Regular Meeting -September 25, 2007
Upon the motion of Councilmember Chatman, seconded by Councilmember Flood and
carried unanimously, the following Consent Agenda items were adopted with the
exception of Proposed Resolution No.'s 14372, 14378, 14380 and 14381:
A. Consideration And Approval Of The Purchase Of A 2007
Polaris Ranger 4X4 CBRNE Response Vehicle From Cowboy
Po/aril Of Nederland, TX In The Amount Of $11,873.10
(Funded 100% By The 2006 Buffer Zone Protection Plan -
Port Arthur Motiva Enterprises Grant) For The Fire
Department
B. Consideration And Approval Of The Purchase Of Two
Compact Thermal Imaging Cameras From ADH Marketing
Service Of Brenham, TX In The Amount Of $25,113
(Funded 100% By The 2006 Buffer Zone Protection Plan -
Port Arthur Premcor Grant) For The Fire Department
C. Consideration And Approval Of The Purchase Of A
Spacesaver 4-Post Shelving System From Southwest
So/utions Group Of Houston, TX In The Amount Of
$5,077.17 For The Health Department
D. Consideration And Approval Of Awarding A Bid For The
Purchase Of Three (3) Snap Servers To CDW-G Of Vernon
Hi!/s, IL In The Amount Of $17,230.56 For The Police
Department
E. Expense Resort
Mayor Deloris "Bobbie" Prince:
Use Of Personal Auto For Out-Of-Town City Business
Month Of August, 2007 $117.37
City Manager Steve Fitzgibbons:
Attend Texas Department Of Housing,
Community Affairs And ORC'A Meeting
In Austin, TX September 12•-13, 2007 $270.03
Resolutions -Consent
(2) P. R. No. 14374 - A Resolution Approving The FY 2007-08
Contract Between The City Of Port Arthur And The
Department Of State Health Services, Tobacco Prevention
Community, Program Attachment 001
Proposed Resolution No. 14374 was adopted becoming Resolution No. 07-430.
(3) P. R. No. 14375 - A Resolution Approving The FY 2007-08
Contract Between The City Of Port Arthur And The
Department Of State Health Services, RLSS-Local Public
Health System, Program Attachment 001
Proposed Resolution No. 14375 was adopted becoming Resolution No. 07-431.
(4) P. R. No. 14376 - A Resolution Authorizing Filing
Application With The U. S. Environmental Protection
Agency (EPA) For A Brownfields lob Training Grant In The
Amount Of $200,000
Proposed Resolution No. 14376 was adopted becoming Resolution No. 07-432.
(6) P. R. No. 14379 - A Resolution Awarding A Bid And
Authorizing The Execution Of A Contract With Harvey D.
Port Arthur City Council Page 6
Regular Meeting -September 25, 2007
Gordon For Grass Cutting Services Of Privately-Owned And
City-Owned Vacant Lots In An Area Of The City Designated
As Area D, To Be Charged To Account No. 001-1401-
551.59-00
Proposed Resolution No. 14379 was adopted becoming Resolution No. 07-433.
(9) P. R. No. 14382 - A Resolution Authorizing The Finance
Director To Issue A Requiest For Proposal For Banking
Services
Proposed Resolution No. 14382 was adopted becoming Resolution No. 07-434.
(10) P. R. No. 14384 - A Resolution As It Pertains To
Environmental Studies By Arceneaux & Gates And Affiliated
Consultants (Berg-Oliver Associates, Inc.) At The Spur 93
Business Park And On Adjacent Property That Is Needed To
Extend lade Avenue
Proposed Resolution No. 14384 was adopted becoming Resolution No. 07-435.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
Consent Resolutions
(1) P. R. No. 14372 - A Resolution As It Pertains To Authorizing
Enforcement Power Under Chapter 26 Of The Water Code
And Under Chapter 382 Of The Health And Safety Code
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember HE~nderson and seconded by Councilmember
Williamson that Proposed Resolution No. 143;72 be adopted.
Councilmember Williamson left the City Council Chamber at 6:39 p.m.
City Attorney Mark Sokolow reported that the Proposed Resolution would enhance the
enforcement of environmental violations.
Proposed Resolution No. 14372 was adopted becoming Resolution No. 07-436.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson and Flood.
Voting No: None.
The caption of Resolution No. 07-436 reads as follows:
RESOLUTION NO. 07-436
A RESOLUTION AS IT PERTAINS TO
AUTHORIZING ENFORCEMENT POWER UNDER
CHAPTER 26 OF THE VVATER CODE AND UNDER
CHAPTER 382 OF THIE HEALTH AND SAFETY
CODE
(5) P. R. No. 14378 - A Resolution Awarding A Bid And
Authorizing The Execution Of A Contract With Harvey D.
Gordon For Grass Cutting SE~rvices Of Privately-Owned And
City-Owned Vacant Lots In An Area Of The City Designated
As Area C, To Be Charged To Account No. 001-1401-
551.59-00
Port Arthur City Council Page 7
Regular Meeting -September 25, 2007
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Chatman that Proposed Resolution No. 1437!3 be adopted.
Community Services Director Lawrence Baker appeared before the City Council to
address inquiries related to the proposed contractor's qualifications.
Proposed Resolution No. 14378 was adopted becoming Resolution No. 07-437.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson and Flood.
Voting No: None.
The caption of Resolution No. 07-437 reads as follows:
RESOLUTION NO. 07-437
A RESOLUTION AWARDING A BID AND
AUTHORIZING THE EXECUTION OF A
CONTRACT WITH HARVEY D. GORDON FOR
GRASS CUTTING SE',RVICES OF PRIVATELY-
OWNED AND CITY-OWNED VACANT LOTS IN
AN AREA OF THE CITY DESIGNATED AS AREA C,
TO BE CHARGED TO ACCOUNT NO. 001-1401-
551.59-00
(7) P. R. No. 14380 - A Resolution Authorizing A Contract
Between The City Of Port Arthur And TLSK Management
Co. Of Port Arthur As The Third Party Concessionaire For
The Operation Of The Robert A. "Bob" Bowers Civic Center
Concessions
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Chatman that Proposed Resolution No. 1438CI be adopted.
Councilmember Williamson returned to the City Council Chamber at 6:45 p.m.
Councilmember Jones left the City Council Chamber at 6:47 p.m.
Civic Center Director Adam Saunders appeared before the City Council to address
inquiries related to alcohol sales, catering services and private events.
First Assistant City Attorney Valecia "Val" Tizeno appeared before the City Council to
state the following amendment into the record:
Exhibit "A"
Contract for the Third Pairty Concessionaire with
the Bob Bowers Civic Center
1) The Contractor agrees to perform all the work described in the
specifications; and the contract documents and comply with the
terms therein;
• Agree to purchase soft drink products from the Civic Center's
designated supplier.
Port Arthur City Council Page 8
Regular Meeting -September 25, 2007
The motion was made by Councilmember Henderson and seconded by Councilmember
Chatman that Proposed Resolution No. 14380 be adopted as amended above by the
First Assistant Attorney.
Proposed Resolution No. 14380 was adoptE~d, as amended, becoming Resolution No.
07-438.
Voting Yes: Mayor Prince; Mayor Pro T'em Sinegal; Councilmembers Chatman,
Henderson, Flood and Williamson.
Voting No: None.
The caption of Resolution No. 07-438 reads ass follows:
RESOLUTION N0.07-438
A RESOLUTION AUTHORIZING A CONTRACT
BETWEEN THE CITY OF PORT ARTHUR AND
TLSK MANAGEMENT CO. OF PORT ARTHUR AS
THE THIRD PARTY CONCESSIONAIRE FOR THE
OPERATION OF THE ROBERT A. ~~BOB" BOWERS
CIVIC CENTER CONCE'~SSIONS
(8) P. R. No. 14381 - A Resolution Approving An Industrial
District Agreement With BASF Corporation
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Chatman that Proposed Resolution No. 14381. be adopted.
City Attorney Mark Sokolow noted that BASF provided information estimating their 2008
property values, the agreement specifies ghat their payment will be 80% of their
property value and that the information has been updated in Exhibit "E".
Proposed Resolution No. 14381 was adopted becaming Resolution No. 07-439.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman,
Henderson, Flood and Williamson.
Voting No: None.
The caption of Resolution No. 07-439 reads as follows:
RESOLUTION NO. 07-439
A RESOLUTION APPROVING AN INDUSTRIAL
DISTRICT AGREEMENT WITH BASF
CORPORATION
Councilmember Jones returned to the City Council Chamber at 6:52 p.m.
A. Resolutions
(1) P. R. No. 14227 - A Resolution As It Pertains To An
Amendment No. 1 To The Sales Tax Refund Agreement
With Port Arthur Holdings III, LTD For A Retail Center
Development
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Flood and seconded by Councilmember
Henderson that Proposed Resolution No. 142;?7 be adopted.
Port Arthur City Council Page 9
Regular Meeting -September 25, 2007
The City Manager addressed inquiries related to the Proposed Amended Sales Tax
Refund Agreement.
Proposed Resolution No. 14227 was adopted becoming Resolution No. 07-440.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood and Williamson.
Voting No: None.
The caption of Resolution No. 07-440 reads as follows:
RESOLUTION NO. 07-440
A RESOLUTION AS IT PERTAINS TO AN
AMENDMENT NO. 1 TO THE SALES TAX REFUND
AGREEMENT WITH PORT ARTHUR HOLDINGS
III, LTD FOR A RETAIL. CENTER DEVELOPMENT
(2) P. R. NO. 14373 - A Resolution As It Pertains To A
Subordination Agreement With Triangle Waste
At the request of the City Attorney, the abovE~-mentioned Proposed Resolution was held
until after the Executive Session.
(3) P. R. No. 14377 - A Resolution Ratifying The Property Tax
Increase Reflected In The Piroposed 2007-2008 Budget
The Mayor introduced the above-mentioned F~roposed Resolution.
The motion was made by Councilmember Chatman and seconded by Councilmember
Flood that Proposed Resolution No. 14377 be adopted.
Finance Director Rebecca Underhill addressed inquiries related to the required Public
Hearings for the Property Tax Increase and tree Proposed Budget.
Proposed Resolution No. 14377 was adopted (becoming Resolution No. 07-441.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood and Williamson.
Voting No: None.
The caption of Resolution No. 07-441 reads as follows:
RESOLUTION NO. 07-441
A RESOLUTION RATIFYING THE PROPERTY
TAX INCREASE REFLECTED IN THE PROPOSED
2007-2008 BUDGET
(4) P. R. No. 14383 - A Resolution As It Pertains To A
Nonexclusive Pipeline Easernent With Square Mile Energy,
L.L.C. At The City Of Port Arthur Section 4A Economic
Development Corporation Spur 93 Business Park
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion by Councilmember Williamson, seconded by Councilmember
Henderson and carried unanimously, Proposed Resolution No. 14383 was adopted
becoming Resolution No. 07-442.
Port Arthur City Council Page 10
Regular Meeting -September 25, 2007
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Counciimembers Chatman, Jones,
Henderson, Flood and Williamson.
Voting No: None.
The caption of Resolution No. 07-442 reads as follows:
RESOLUTION NO. 07-442
A RESOLUTION AS IT PERTAINS TO A
NONEXCLUSIVE PIPELINE EASEMENT WITH
SQUARE MILE ENERGY, L.L.C. AT THE CITY OF
PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION SPUR 93
BUSINESS PARK
(5) P. R. No. 14385 - A Resolution As It Pertains To
Remediation Efforts As A Result Of Hurricane Humberto
At the request of the City Attorney, the above-mentioned Proposed Resolution was held
until after the Executive Session.
B. Ordinances
(1) P. O. No. 5782 - An Appropriation Ordinance Adopting A
Budget For The Ensuing Fiscal Year Beginning October 1,
2007 And Ending September 30, 2008, In Accordance With
Section 7, Article XII Of The Charter Of The City Of Port
Arthur
The City Manager introduced the above-mentiioned Proposed Ordinance.
Upon the motion by Councilmember Henderson, seconded by Councilmember
Williamson and carried unanimously, Proposed Ordinance No. 5782 was adopted
becoming Ordinance No. 07-68.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood and Williamson.
Voting No: None.
The caption of Ordinance No. 07-68 reads as follows:
ORDINANCE N0.07-68
AN APPROPRIATION ORDINANCE ADOPTING A
BUDGET FOR THE ENSUING FISCAL YEAR
BEGINNING OCTOBER 1, 2007 AND ENDING
SEPTEMBER 30, 2008,, IN ACCORDANCE WITH
SECTION 7, ARTICLE XII OF THE CHARTER OF
THE CITY OF PORT ARTHUR
(2) P. O. No. 5783 - An Ordinance Adopting A Tax Rate For The
Tax Year 2007 (Fiscal Year October 1, 2007 -September
30, 2008)
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion by Councilmember Henderson, seconded by Councilmember Jones and
carried unanimously, Proposed Ordinance No. 5783 was adopted becoming Ordinance
No. 07-69.
Port Arthur City Council Page 11
Regular Meeting -September 25, 2007
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood and Williamson.
Voting No: None.
The caption of Ordinance No. 07-69 reads as follows:
ORDINANICE NO. 07-69
AN ORDINANCE ADOPTING A TAX RATE FOR
THE TAX YEAR 2007 (FISCAL YEAR OCTOBER 1,
2007 -SEPTEMBER 3CI, 2008)
(3) P. O. No. 5784 - An Ordinance Approving The 2007 Tax Rol!
For The Use And Support Of The Municipal Government Of
The City Of Port Arthur; And Providing For The Interest And
Sinking Fund And Apportioning Each Levy For A Specific
Purpose
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion by Councilmember Henderson, seconded by Councilmember Chatman
and carried unanimously, Proposed Ordinance No. 5784 was adopted becoming
Ordinance No. 07-70.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, ]ones,
Henderson, Flood and Williamson.
Voting No: None.
The caption of Ordinance No. 07-70 reads as follows:
ORDINANCE NO. 07-70
AN ORDINANCE APPROVING THE 2007 TAX
ROLL FOR THE USE AND SUPPORT OF THE
MUNICIPAL GOVERNIMENT OF THE CITY OF
PORT ARTHUR; AND- PROVIDING FOR THE
INTEREST AND SINKING FUND AND
APPORTIONING EACtI LEVY FOR A SPECIFIC
PURPOSE
(4) P. O. No. 5793 - An Ordinance Amending Article IV Of
Chapter 22 Of The Code Of' Ordinances As It Pertains To
]unk And ]unk Dealers, As Well As Scrap Metal, Providing
For A Penalty, Providing For An Effective Date, And
Providing For Publication
At the request of the City Attorney, the above-mentioned Proposed Resolution was held
until after the Executive Session.
(5) P. O. No. 5795 - An Appropriation Ordinance Approving And
Adopting A Budget For The City Of Port Arthur Section 4A
Economic Development Corporation For The Ensuing Fiscal
Year Beginning October 1, 2007 And Ending September 30,
2008 In Accordance With Section 12.03 Of The Bylaws Of
The Corporation
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Henderson and seconded by Councilmember
Chatman that Proposed Ordinance No. 5795 be adopted.
Port Arthur City Council Page 12
Regular Meeting -September 25, 2007
The City Manager commented that he woi,ald report on EDC funding allocations for
expenditures on athletic and demolition projE~cts.
Finance Director Rebecca Underhill appeared before the City Council to address
inquiries related to EDC employee salary increases.
Proposed Ordinance No. 5795 was adopted, becoming Ordinance No. 07-71.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood and Williamson.
Voting No: None.
The caption of Ordinance No. 07-71 reads as follows:
ORDINANCE N0.07-71
AN APPROPRIATION ORDINANCE APPROVING
AND ADOPTING A BUDGET FOR THE CITY OF
PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION FOR THE
ENSUING FISCAL YEAR BEGINNING OCTOBER
1, 2007 AND ENDING SEPTEMBER 30, 2008 IN
ACCORDANCE WITH SECTION 12.03 OF THE
BYLAWS OF THE CORPORATION
(6) P. O. No. 5796 - An Appropriation Ordinance Amending The
Budget For The Fiscal Year Beginning October 1, 2006 And
Ending September 30, 2007 As To Fund Hurricane
Humberto Activities
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Henderson and seconded by Councilmember
Chatman that Proposed Ordinance No. 5796 be adopted.
The City Manager discussed assisting citizens with tarp covers for damaged roofs.
Proposed Ordinance No. 5796 was adopted, becoming Ordinance No. 07-72.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood and Williamson.
Voting No: None.
The caption of Ordinance No. 07-72 reads as follows:
ORDINANCE N0.07-72
AN APPROPRIATION ORDINANCE AMENDING
THE BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBEI7'. 1, 2006 AND ENDING
SEPTEMBER 30, 2007 .AS TO FUND HURRICANE
HUMBERTO ACTIVITIES
(7) P. O. No. 5797 - An Ordinance As It Pertains To Salaries
And Car Allowances For Thee Mayor, The Mayor Pro Tem,
And City Councilmembers
At the request of the City Attorney, the above-mentioned Proposed Resolution was held
until after the Public Hearing.
Port Arthur City Council Page 13
Regular Meeting -September 25, 2007
(8) P. O. No. 5798 - An Ordinance As It Pertains To The Polling
Locations For The November 6, 2007 Special Election
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Henderson and seconded by Councilmember
Chatman that Proposed Ordinance No. 5798 be adopted.
The City Secretary addressed inquiries related to Election Day and Early Voting polling
locations.
Proposed Ordinance No. 5798 was adopted over the dissenting vote of Councilmember
Williamson becoming Ordinance No. 07-73.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson and Flood.
Voting No: Councilmember Williamson.
The caption of Ordinance No. 07-73 reads as follows:
ORDINANCE N0.07-73
AN ORDINANCE AS IT PERTAINS TO THE
POLLING LOCATIONS FOR THE NOVEMBER 6,
2007 SPECIAL ELECTION
(9) P. O. No. 5800 - An Ordinance Allowing For, In Certain
Situations Outlined Herein, The Parking, Use And
Occupancy Of Recreational Vehicles As Temporary Living
Quarters On Residential Prroperty During The Period Of
Repair And Reconstruction iDf Damage To Property Caused
By Hurricanes Or Other Natural Disasters; Punishable As
Provided In Section 1-13 Of The Code Of Ordinances As
Amended By Fine Not Exceeding Two Thousand
[$2,000.00 Dollars); And Piroviding For Publication In The
Official Newspaper Of The City Of Port Arthur And Effective
Immediately After Publication Date
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Willliamson and seconded by Councilmember
Flood that Proposed Ordinance No. 5800 be adopted,
Planning, Zoning and Grants Director Dale Watson addressed inquiries related to the
temporary occupancy of recreational vehicles after the occurrence of a natural disaster.
Proposed Ordinance No. 5800 was adopted becoming Ordinance No. 07-74.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Flood and Williamson.
Voting No: None.
The caption of Ordinance No. 07-74 reads as follows:
ORDINANCE N0.07-74
AN ORDINANCE ALLOWING FOR, IN CERTAIN
SITUATIONS OUTLINED HEREIN, THE
PARKING, USE AIND OCCUPANCY OF
RECREATIONAL VEHICLES AS TEMPORARY
LIVING QUARTERS ON RESIDENTIAL
Port Arthur City Council Page 14
Regular Meeting -September 25, 2007
PROPERTY DURING THE PERIOD OF REPAIR
AND RECONSTRUCTION OF DAMAGE TO
PROPERTY CAUSED BY HURRICANES OR
OTHER NATURAL DISASTERS; PUNISHABLE AS
PROVIDED IN SECTION 1-13 OF THE CODE OF
ORDINANCES AS AIMENDED BY FINE NOT
EXCEEDING TWO THOUSAND ($2,000.00]
DOLLARS); AND PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER
OF THE CITY OF PORT' ARTHUR AND EFFECTIVE
IMMEDIATELY AFTER PUBLICATION DATE
IV. PUBLIC HEARINGS - 7:00 PM
(1) To Receive Public Comment To Provide For The Continued
Taxation Of Tangible Personal Property in Transit, Which
Would Be Otherwise Exempt Pursuant To The Texas Tax
Code
The Mayor introduced the above-mentioned Public Hearing at 7:12 p.m.
The City Manager presented an overview of the above-mentioned Public Hearing.
Mayor Prince requested to hear from anyone present in the audience who wished to
speak regarding the above-mentioned Public Hearing. No one appeared to address the
Public Hearing.
Upon the motion of Councilmember Chatman, seconded by Councilmember Flood and
carried unanimously, the City Council closed the Public Hearing at 7:13 p.m.
(2) To Receive Public Comment As To An Increase In The
Salaries And Car Allowances Of The Mayor And City
Councilmembers
The Mayor introduced the above-mentioned Public Hearing at 7:14 p,m.
The City Manager presented an overview of the above-mentioned Public Hearing.
Mayor Prince requested to hear from anyone present in the audience who wished to
speak regarding the above-mentioned Public Hearing. No one appeared to address the
Public Hearing.
Upon the motion of Councilmember Flood, seconded by Councilmember Williamson and
carried unanimously, the City Council closed the Public Hearing at 7:15 p.m.
VII. ITEMS REQUIRING INDIVIDUAL ACTION-NON-CONSENT
B. Ordinances
(7) P. O. No. 5797 - An Ordinance As It Pertains To Salaries
And Car Allowances For The Mayor, The Mayor Pro Tem,
And City Councilmembers
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion by Councilmember Flood, seconded by Councilmember Williamson and
carried unanimously, Proposed Ordinance No. 5797 was adopted becoming Ordinance
No. 07-75.
Voting Yes: Mayor Prince; Mayor Pro Tem ~-inegal; Councilmembers Chatman, Jones,
Henderson, Flood and Williamson.
Voting No: None.
Port Arthur City Council Page 15
Regular Meeting -September 25, 2007
The caption of Ordinance No. 07-75 reads as follows:
ORDINANCE NO.07-75
AN ORDINANCE AS IT PERTAINS TO SALARIES
AND CAR ALLOWANCES FOR THE MAYOR, THE
MAYOR PRO TEM, AND CITY
COUNCILMEMBERS SAN ORDINANCE AS IT
PERTAINS TO SALARIES AND CAR
ALLOWANCES FOR THE MAYOR, THE MAYOR
PRO TEM, AND CITY COUNCILMEMBERS
C. *Renorts And Recommendations
(1) Report On The City's Response Efforts To Hurricane
Humberto
Police Major and Emergency Manager Coordinator John Owens appeared before the
City Council to extend commendations to the City Police, Fire and Public Works
Departments, the Port Arthur and the Sabine Pass Independent School Districts,
Entergy, Lamar State College and the many volunteers who assisted citizens during the
Hurricane Humberto disaster event.
The City Manager commented on debris collections.
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting:
(1) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To The
Condemnation Of Land For Drainage Purposes
(2) Section 551.071 Government Code - To Discuss With The
City Attorney Prospective Liitigation As It Pertains To KCS
And Port Iron
(3) Section 551.072 Government Code - To Discuss The Value
Of Property At 4173 39t" Street (EDC -The Basco Building)
(4) Section 551.072 Government Code - To Discuss The Value
Of The Property Of The Health Department Building At 441
Austin Avenue
(5) Section 551.087 Government Code - To Discuss Incentives
As To Commercial, Industrial, And Residential Business
Prospects
(6) Section 551.074 Government Code - To Discuss The Duties
And Evaluation Of The Municipal Court judge
(7) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation As To Waste Management
(8) Section 551.074 Government Code - To Discuss The Duties
And Responsibilities Of The City Attorney's Office As It
Pertains To The EDC
(9) Section 551.071 Government Code - To Discuss With The
City Attorney Possible Litigation As It Pertains To Pay Or
Compensation Issues RelatE:d To Inclement Weather And
Emergencies, Hurricane Rita And Hurricane Humberto
Port Arthur City Council Page 16
Regular Meeting -September 25, 2007
The City Council recessed their meeting at 7:39 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 9:54 p.m. with
the following members present: Mayor Prince; Mayor Pro Tem Sinegal;
Councilmembers Chatman, Jones, Hencerson and Williamson; City Manager
Fitzgibbons, Assistant City Secretary Hanks and City Attorney Sokolow.
Councilmember Flood left the meeting during the Executive Session.
V. UNFINISHED BUSINESS
Resolutions
(2) P. R. No. 14283 - A Resolution Authorizing A Contract With
Germer Gertz For Legal Services As The Primary Attorney
For The City Of Port Arthur Section 4a Economic
Development Corporation
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Chatman that Proposed Resolution No. 14283 be adopted.
The City Attorney recommended that the above-mentioned item be tabled.
The motion was made by Councilmember Williamson and seconded by Councilmember
Henderson that Proposed Resolution No. 14283 be tabled.
Proposed Resolution No. 14283 was tabfed.
(4) P. R. No. 14369 - A Resolution Authorizing The Execution
Of An Agreement Between The City Of Port Arthur Section
4A Economic Development Corporation And The City Of
Port Arthur As It Pertains To Administrative Charges For
The Fiscal Year October 1, 2007 Through September 30,
2008
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion by Councilmember Williamson, seconded by Councilmember
Henderson and carried unanimously, Proposed Resolution No. 14369 was adopted
becoming Resolution No. 07-443.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson and Williamson.
Voting No: None.
The caption of Resolution No. 07-443 reads a> follows:
RESOLUTION NO. 07-443
A RESOLUTION AUTHORIZING THE EXECUTION
OF AN AGREEMENT BETWEEN THE CITY OF
PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION AND THE CITY
OF PORT ARTHUR AS IT PERTAINS TO
ADMINISTRATIVE CH~4RGES FOR THE FISCAL
YEAR OCTOBER 1, 20017 THROUGH SEPTEMBER
30, 2008
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
Port Arthur City Council Page 17
Regular Meeting -September 25, 2007
(5) P. R. No. 14385 - A Resolution As It Pertains To
Remediation Efforts As A RE~sult Of Hurricane Humberto
The Mayor introduced the above-mentioned IProposed Resolution.
The motion was made by Councilmember V1~lilliamson and seconded by Councilmember
Jones that Proposed Resolution No. 14385 bE~ removed.
Proposed Resolution No. 14385 was removecl.
(2) P. R. NO. 14373 - A Resolution As It Pertains To A
Subordination Agreement VNith Triangle Waste
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion by Councilmember Williamson, seconded by Councilmember Chatman
and carried unanimously, Proposed Resolution No. 14373 was adopted becoming
Resolution No. 07-444.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson and Williamson.
Voting No: None.
The caption of Resolution No. 07-444 reads as follows:
RESOLUTION NO. 07-444
A RESOLUTION
SUBORDINATION
TRIANGLE WASTE
A5• IT PERTAINS TO A
AGREEMENT WITH
B. Ordinances
(4) P. O. No. 5793 - An Ordinance Amending Article IV Of
Chapter 22 Of The Code Oaf Ordinances As It Pertains To
junk And junk Dealers, As Well As Scrap Metal, Providing
For A Penalty, Providing For An Effective Date, And
Providing For Publication
The City Manager introduced the above-mentioned Proposed Ordinance.
The City Attorney recommended tabling the Proposed Ordinance.
The motion was made by Councilmember Vllilliamson and seconded by Councilmember
Henderson that Proposed Ordinance No. 5793 be tabled.
Proposed Ordinance No. 5793 was tabled.
VIII. REPORTS OF BOARDS & COMMITTEES -NONE
X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Mavor Prnce•
(1) Requested that City Council evening meetings begin with the Executive Session
at 4:00 p.m. and that notification be nnade to Councilmembers of time change.
(2) Requested that arrangements be made for the City Council to meet with the Port
Arthur Economic Development Corporation, the Pleasure Island Commission, the
Port or Port Arthur Navigation District, the Sabine Pass Port Authority, the Port
Arthur Independent School District and the Sabine Pass Independent School
District.
Port Arthur City Council Page 18
Regular Meeting -September 25, 2007
(3) Requested that the Police Department investigate vagrancy complaints at the
business located in the old Gibson's store on Gulfway Drive.
Councilmember Williamson:
(1) Requested a listing of employees, by categories, who have received a salary
increase greater than the recent salary increase for all employees.
(2) Requested that arrangements be rnade to meet with the Pleasure Island
Commission.
(3) Requested a report on the replacement of street signs damaged from Hurricanes
Rita and Humberto.
Councilmember Henderson:
Requested that arrangements be made to meet with the Port Arthur Independent
School District.
Councilmember Chatman:
(1) Requested that Dr. Janis Hutchins prf~sent an update on the Fair Hiring Practice
Study.
(2) Requested additional information on Minority and Small Business Enterprises.
XI. AD7OURNMENT OF MEETING
Upon the motion of Councilmember Henderson, seconded by Councilmember Jones and
carried unanimously, the City Council adjourned their meeting at 10:11 p.m.
An audio-tape of this meeting is on file in the office of the City Secretary and is made a
part of the official minutes of this meeting.
MAYOR DELORIS ~~BOBBIE" PRINCE
ATTEST:
CITY SECRETARY EVANGELINE GREEN
END OF REGULAR MEETING HELD September 25, 2007. APPROVED:
Port Arthur City Council Page 19
Regular Meeting -September 25, 2007