Loading...
HomeMy WebLinkAboutOCTOBER 9, 2007 REGULARREGULAR MEETING -OCTOBER 9, 2007 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Williamson gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, October 9, 2007 at 8:38 a.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 Chatman, Jr., Thomas J. 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 meeting. City Attorney Mark T. Sokolow arrived at the City Council meeting at 8:50 a.m. Councilmember Cal Jones arrived at the City Council meeting at 8:53 a.m. II. PROCLAMATIONS & MINUTES Proclamations -None Minutes -September 25, 2007 -Regular Meeting Upon the motion of Councilmember Williamson, seconded by Councilmember Henderson and carried unanimously, the City Council approved the above-mentioned minutes. III. PETITIONS & COMMUNICATIONS A. Presentations (1) Warren Field Of The National Association Of Port Arthurans Regarding Congratulatory Letter To Mayor And Their Hopes For The City Of Port Arthur National Association of Port Arthurans (NAPA) President Warren Field, 1147 60th Street, appeared before the City Council to present a plaque honoring Deloris "Bobbie" Prince as the City's new Mayor. Mr. Field extended invitations to the City Council to meet with the civic and social association to discuss pipeline safety issues and other citizen concerns. (2) Loye Kemp Regarding SETIO Update South East Texas Interfaith Organization (SETIO) /Lutheran Social Services Disaster Response (LSSDR) Construction Superintendent Loye Kemp appeared before the City Council to address Hurricane Rita rebuilding efforts. Mr. Kemp requested City Council consideration in providing additional funding to complete needed construction repairs. Mr. Henry and Mrs. Linda Viscer, volunteers from Edmonton Alberta Canada appeared before the City Council to express their appreciation for the opportunity to participate in such a meaningful and rewarding project. (3) Port Arthur Convention & Visitors Bureau 2006 Audited Financial Statement & 2007-2008 Budget Port Arthur Convention and Visitors Bureau Executive Director Tammy Kotzur appeared before the City Council to address the above-mentioned financial statement and noted that the Convention and Visitors Bureau has adopted a fiscal year beginning October and ending in September. Mrs. Kotzur announced an upcoming fishing tournament and the development of a signage committee to promote tourism. B. Sneakers (1) Mary Williams Regarding Property Maintenance Mrs. Mary Williams, 3237 East 11t" Street, appeared before the City Council to address concerns with abandoned and dilapidated property in her neighborhood. Mrs. Williams reported issues concerning illegal drug activity and lengthy condemnation procedures. Community Services Director Lawrence Baker appeared before the City Council to discuss mandated demolition and condemnation procedures. Police Chief Mark Blanton appeared before the City Council to report awareness of criminal and illegal drug activities in the neighborhood. (2) Aaron Dupuis Regarding Safety Issue At The Seawall On Lakeshore Boulevard Mr. Aaron Dupuis, 2425 Date Street, appeared before the City Council to discuss Lakeshore Drive Seawall pedestrian and traffic safety concerns. Mr. Dupuis reported that speed limit signs are not visible, driving lanes need repainting and gates unlocked. He requested consideration in closing the road to drivers and installing bench seating to improve the site for pedestrians. Police Chief Mark Blanton appeared before the City Council to address traffic safety concerns and to note that Jefferson County Drainage District No. 7 owns the property. The Police Chief was requested to provide traffic enforcement and safety plans to the City Council. C. Corresuondence 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 Annotated Civil Statues, I, Deloris 'Bobbie" Prince, Mayor of Port Arthur, Texas, do hereby certify that on the 9t" day of October, 2007, that I have appointed Gulf Breeze Tenant, Mr. Gabriel Joseph as a Commissioner of the Housing Authority of Port Arthur, Texas. Said term will expire on the 27t" day of September, 2009. /s/ Deloris "Bobbie" Prince, Mayor City of Port Arthur, Texas The Official Seal of the City of Port Arthur IV. PUBLIC HEARINGS - 9:00 AM -None City Council Minutes Regular Meeting -October 9, 2007 2 V. UNFINISHED BUSINESS (1) 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 At the request of the City Attorney, the above-mentioned item was held until after the Executive Session. (2) P. R. No. 14367 - A Resolution 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. Upon the motion by Councilmember Williamson, seconded by Councilmember Henderson and carried unanimously, Proposed Resolution No. 14367 was adopted becoming Resolution No. 07-445. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood and Williamson. Voting No: None. The caption of Resolution No. 07-445 reads as follows: RESOLUTION NO. 07-445 A RESOLUTION 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) (3) P. O. No. 5793 - An Ordinance Amending Article IV Of Chapter 22 Of The Code Of 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 At the request of the City Attorney, the above-mentioned item was held until after the Executive Session. VI. CONSENT AGENDA Upon the motion of Councilmember Williamson, seconded by Councilmember Jones and carried unanimously, the following Consent Agenda Items were adopted with the exception of Proposed Resolutions No. 14393, 14399 and 14401: A. Consideration And Approval Of The Purchase Of A New Traffic Signal Controller & Cabinet To Naztec, Inc,, Of Sugar/and, TX In The Amount Of $9,750 For Traffic Signal At Central Mall Drive And Hwy. 365 B. Consideration And Approval Of Payment For The City's Pro- Rata Share Of The 2008 ]efferson County Appraisal District City Council Minutes Regular Meeting -October 9, 2007 3 Funding Allocation In The Total Amount Of $143,899.69 (Four Equal Payments Of $35,974.03) C. Consideration And Approval Of Payment For Radio Equipment (Damaged By Hurricane Humberto) To Kay E/ectronics Of Beaumont, TX In The Amount Of $6,076 For The Fire Department D. Consideration And Approval Of A Quote For Specialized Scuba Equipment From Maw Ve/ Internationa/, Inc,, Of Pennsauken, NJ In The Amount Of $24,938.25 For The Fire Department E. Consideration And Approval Of A Quote For Ten Level A Fully-Encapsulated Haz-Mat Suits From Doo%y Tackaberry Of Deer Park, TX In The Amount Of $8,835 For The Fire Department F. Consideration And Approval Of A Quote For The Purchase Of A Copier In The Amount Of $6,195 & A Three-Year Maintenance Contract In The Amount Of $4,320 From Better Business Machines Of Beaumont, TX For The City Manager's Office G. Consideration And Approval Of Awarding A Bid For Operable & Accordion Walls To Rob Pe/%tier Construction, Inc,, Of Houston, TX In The Amount Of $57,500 For The Robert A. "Bob" Bowers Civic Center H. Consideration And Approval Of The Purchase Of Fourteen Police Vehicles From Phi/pott Ford Motors Of Neder/and, TX (Through HGAC) In The Amount Of $356,838.82 For The Police Department I. Consideration And Approval Of Payment For A Maintenance Contract For The Computer Aided Dispatch (CAD) System To Computer Information Systems, Inc., Of Skokie, IL I n The Amount Of $6,600 For The Police Department ]. Expense Reuort Mayor Deloris "Bobbie" Prince: Meeting With United States Dignitaries In Washington, D.C., October 2-3, 2007 $1,092.12 Steve Fitzgibbons, City Manager Meeting With United States Dignitaries In Washington, D.C. October 2-3, 2007 $1,039.12 Resolutions -Consent (1) P. R. No. 14386 - A Resolution Approving A Three (3) Year Contract For janitorial Services For The City Hall/Annex Building With SanServe Building Services Of Beaumont, Texas For A Total Amount Of $138,760.80 Charge To Account #001-1206-531.32-00 City Council Minutes Regular Meeting -October 9, 2007 4 Proposed Resolution No. 14386 was adopted becoming Resolution No. 07-446. (3) P. R. No. 14394 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $7,199.38 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1552 Proposed Resolution No. 14394 was adopted becoming Resolution No. 07-447. (4) P. R. No. 14395 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts Proposed Resolution No. 14395 was adopted becoming Resolution No. 07-448. (5) P. R. No. 14396 - A Resolution Awarding A One-Year Extension Of An Existing Contract To ]oey's Tractor Service For Grass Cutting Services Of Privately-Owned And City- Owned Vacant Lots In An Area Of The City Designated As Area B, To Be Charged To Account No. 001-1401-551.59-00 Proposed Resolution No. 14396 was adopted becoming Resolution No. 07-449. (8) P. R. No. 14403 - A Resolution Authorizing The Continued Taxation Of Goods In Transit Which Would Otherwise Be Exempt Pursuant To §11.253 Texas Property Tax Code Proposed Resolution No. 14403 was adopted becoming Resolution No. 07-450. (9) P. R. No. 14405 -Resolution Authorizing Publication Of Notice Of Intention To Issue Certificates Of Obligation Proposed Resolution No. 14405 was adopted becoming Resolution No. 07-451. (10) P. R. No. 14406 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $112,045.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Eleven (11) Dangerous Commercial Buildings Located Throughout The City, To Be Charged To Account No. 132-1021-514.59-00, Project No. SSBG03 Proposed Resolution No. 14406 was adopted becoming Resolution No. 07-452. (11) P. R. No. 14407 - A Resolution Awarding A Contract To Inland Environments, Ltd. In The Amount Of $51,320.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Three (3) Dangerous Commercial Buildings Located Throughout The City, To Be Charged To Account No. 132-1021-514.59-00, Project No. SSBG03 Proposed Resolution No. 14407 was adopted becoming Resolution No. 07-453. (12) P. R. No. 14408 - A Resolution Awarding A Contract To AAR, Inc. In The Amount Of $13,800.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of One (1) Dangerous Commercial Building City Council Minutes Regular Meeting -October 9, 2007 5 Located At 6105 West Port Arthur Road, To Be Charged To Account No. 132-1021-514.59-00, Project No. SSBG03 Proposed Resolution No. 14408 was adopted becoming Resolution No. 07-454. (13) P. R. No. 14409 - A Resolution Awarding A Contract To Prime Demolition & Disposal In The Amount Of $11,580.00, And Authorizing The Execution Of A Contract For The Demolition Of Two (2) Dangerous Commercial Buildings Located At 843-849 Houston Avenue And 801 Fort Worth Avenue, To Be Charged To Account No. 132-1021-514.59- 00, Project No. SSBG03 Proposed Resolution No. 14409 was adopted becoming Resolution No. 07-455. (14) P. R. No. 14410 - A Resolution Authorizing The City Manager To Execute A Placement Agent Agreement With First Southwest Company For The Purpose Of Issuing Series 2007 Certificates Of Obligation In The Amount Of $10 Million Proposed Resolution No. 14410 was adopted becoming Resolution No. 07-456. VII. ITEMS REQUIRING INDIVIDUAL ACTION - CONSENT Resolutions -Consent (2) P. R. No. 14393 - A Resolution Authorizing The City Manager To Execute Change Order 2 To The Construction Contract For The Port Arthur Hike And Bike Trail Project And Authorizing The Texas Department Of Transportation To Transfer Funding From The Boardwalk Extension Project (CS): 0920-38-161) To The Port Arthur Hike And Bike Trail Project (CS7: 0920-38-096 And CS7: 0920-38-170) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Chatman and seconded by Councilmember Flood that Proposed Resolution No. 14393 be adopted. City Engineer and Assistant Public Works Director Ross Blackketter appeared before the City Council to report on the Hike and Bike Trail and the Boardwalk Extension Projects. Mr. Blackketter addressed the flexibility of TxDOT project funding transfers. The City Manager discussed grant applications that include options to modify and adjust funding. Councilmember Flood requested that the City Engineer prepare a cost estimate for expanding the Boardwalk Project. Mayor Pro Tem Sinegal requested a cost estimate to extend the Hike and Bike Trail to the Barbara Jacket Park. Councilmember Williamson left the City Council Chamber at 9:40 a.m. Proposed Resolution No. 14393 was adopted over the dissenting vote of Councilmember Henderson becoming Resolution No. 07-457. City Council Minutes Regular Meeting -October 9, 2007 6 Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones and Flood. Voting No: Councilmember Henderson. The caption of Resolution No. 07-457 reads as follows: RESOLUTION NO. 07-457 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER 2 TO THE CONSTRUCTION CONTRACT FOR THE PORT ARTHUR HIKE AND BIKE TRAIL PROJECT AND AUTHORIZING THE TEXAS DEPARTMENT OF TRANSPORTATION TO TRANSFER FUNDING FROM THE BOARDWALK EXTENSION PROJECT (CS7: 0920-38-161) TO THE PORT ARTHUR HIKE AND BIKE TRAIL PROJECT (CS7: 0920- 38-096 AND CS7: 0920-38-170) (6) P. R. No. 14399 - A Resolution Awarding A Bid To United Roofing & Sheet Metal, Inc. Of Bryan, Texas For Repair Of The City Hall Roof For An Amount Not To Exceed $48,900. Account 001-1206-531.32-00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Proposed Resolution No. 14399 be adopted. City Engineer and Assistant Public Works Director Ross Blackketter appeared before the City Council to address inquiries related to City Hall roof repairs. Purchasing Manager Joseph Broussard appeared before the City Council to respond to bidding and warranty concerns. Proposed Resolution No. 14399 was adopted becoming Resolution No. 07-458. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson and Flood. Voting No: None. The caption of Resolution No. 07-458 reads as follows: RESOLUTION NO. 07-458 A RESOLUTION AWARDING A BID TO UNITED ROOFING & SHEET METAL, INC. OF BRYAN, TEXAS FOR REPAIR OF THE CITY HALL ROOF FOR AN AMOUNT NOT TO EXCEED $48,900. ACCOUNT 001-1206-531.32-00 (7) P. R. No. 14401 - A Resolution To Approve The FY 2007-08 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Card Participation The Mayor introduced the above-mentioned Proposed Resolution. City Council Minutes Regular Meeting -October 9, 2007 7 The motion was made by Councilmember Chatman and seconded by Councilmember Henderson that Proposed Resolution No. 14401 be adopted. Assistant Director of Health Judith Smith, R.N. appeared before the City Council to comment on the proposed contract amount of $475,000. The City Attorney was instructed to insert the contract amount into the Proposed Resolution. Proposed Resolution No. 14401 was adopted becoming Resolution No. 07-459. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson and Flood. Voting No: None. The caption of Resolution No. 07-459 reads as follows: RESOLUTION NO. 07-459 A RESOLUTION TO APPROVE THE FY 2007-08 CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND THE DEPARTMENT OF STATE HEALTH SERVICES, WIC CARD PARTICIPATION VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14389 - A Resolution Of The City Of Port Arthur, Texas Authorizing The Suspension Of The Effective Date For An Additional Ninety (90) Days Beyond The Tune 30, 2008, Effective Date Proposed By Entergy Gulf States, Inc., in Connection With Its Rate Increase Application Entitled "Application Of Entergy Gulf States, Inc. For Authority To Change Rates And To Reconcile Fuel Costs", Filed On September 26, 2007; Authorizing The Hiring Of Lawyers And Rate Experts; Authorizing The City's Participation To The Full Extent Permitted By Law At The Public Utility Commission Of Texas, Requiring Reimbursement Of Municipal Rate Case Expenses; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, and Declaring An Effective Date The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Chatman and seconded by Councilmember Jones that Proposed Resolution No. 14389 be adopted. City Attorney Mark Sokolow addressed inquiries related to the Entergy Gulf States rate case and noted that the City has retained the Lofton Law Firm as consultants to oversee the rate case. Entergy Gulf States Public Relations Representative Don Pumphrey appeared before the City Council to comment on the proposed rate increase, operating costs and the Public Utility Commission's regulatory process. Councilmember Williamson returned to the City Council Chamber at 10:15 a.m. City Council Minutes Regular Meeting -October 9, 2007 $ The City Council commended Mr. Pumphrey for Entergy Gulf States' expeditious manner in restoring power to citizens and businesses after electrical power outages caused by Hurricane Humberto. Councilmember Flood left the City Council Chamber at 10:30 a.m. Proposed Resolution No. 14389 was adopted becoming Resolution No. 07-460. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson and Williamson. Voting No: None. The caption of Resolution No. 07-460 reads as follows: RESOLUTION NO. 07-460 A RESOLUTION OF THE CITY OF PORT ARTHUR, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE ]UNE 30, 2008, EFFECTIVE DATE PROPOSED BY ENTERGY GULF STATES, INC., IN CONNECTION WITH ITS RATE INCREASE APPLICATION ENTITLED °APPLICATION OF ENTERGY GULF STATES, INC. FOR AUTHORITY TO CHANGE RATES AND TO RECONCILE FUEL COSTS", FILED ON SEPTEMBER 26, 2007; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS, REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUB]ECT, AND DECLARING AN EFFECTIVE DATE (2) P. R. No. 14390 - A Resolution As It Pertains To The Development Of Approximately 223.26 Acres Which Is Bounded By Knauth Road To The South And Extends Between West Port Arthur Road And Hebert Road To The West, Adjacent To The Federal Prison The Mayor introduced the above-mentioned Proposed Resolution. City Attorney Mark Sokolow read the following correction into the record: The timetable for the filing of plats and the development of the subdivision's infrastructure for the initial Phase I as to the westerly portion of the property in the vicinity of Hebert Road will be June 30, 2009. The motion was made by Councilmember Williamson and seconded by Councilmember Chatman that Proposed Resolution No. 14390 be adopted as amended by the City Attorney. Proposed Resolution No. 14390 was adopted becoming Resolution No. 07-461. City Council Minutes Regular Meeting -October 9, 2007 9 Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson and Williamson. Voting No: None. The caption of Resolution No. 07-461 reads as follows: RESOLUTION NO. 07-461 A RESOLUTION AS IT PERTAINS TO THE DEVELOPMENT OF APPROXIMATELY 223.26 ACRES WHICH IS BOUNDED BY KNAUTH ROAD TO THE SOUTH AND EXTENDS BETWEEN WEST PORT ARTHUR ROAD AND HEBERT ROAD TO THE WEST, ADJACENT TO THE FEDERAL PRISON (3) P. R. No. 14391 - A Resolution As It Pertains To A Second Amendment To The Economic Incentive Contract And Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Reliable Polymer Services, L.P. And As It Pertains To A Subordination Agreement At the request of the City Attorney, the above-mentioned Proposed Resolution was held until after the Executive Session. (4) P. R. No. 14392 - A Resolution Approving An Industrial District Agreement With Building Materials Manufacturing Corporation The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Chatman, seconded by Councilmember Williamson and carried unanimously, Proposed Resolution No. 14392 was adopted becoming Resolution No. 07-462. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson and Williamson. Voting No: None. The caption of Resolution No. 07-462 reads as follows: RESOLUTION NO. 07-462 A RESOLUTION APPROVING AN INDUSTRIAL DISTRICT AGREEMENT WITH BUILDING MATERIALS MANUFACTURING CORPORATION (5) P. R. No. 14397 - A Resolution Authorizing The Use Of A Recreational Vehicle As Temporary Housing Due To A Fire The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Williamson, seconded by Councilmember Chatman and carried unanimously, Proposed Resolution No. 14397 was adopted becoming Resolution No. 07-463. City Council Minutes Regular Meeting -October 9, 2007 10 Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson and Williamson. Voting No: None. The caption of Resolution No. 07-463 reads as follows: RESOLUTION NO. 07-463 A RESOLUTION AUTHORIZING THE USE OF A RECREATIONAL VEHICLE AS TEMPORARY HOUSING DUE TO A FIRE Councilmember Flood returned to the City Council Chamber at 10:40 a.m. (6) P. R. No. 14398 - A Resolution Pertaining To The Pay Of Judge Kermit Morrison The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Jones, seconded by Councilmember Chatman and carried unanimously, Proposed Resolution No. 14398 was adopted becoming Resolution No. 07-464. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood and Williamson. Voting No: None. The caption of Resolution No. 07-464 reads as follows: RESOLUTION NO. 07-464 A RESOLUTION PERTAINING TO THE PAY OF JUDGE KERMIT MORRISON (7) P. R. No. 14400 - A Resolution As It Pertains To Non Exempt Non Civil Service Workers Who Worked During Hurricane Humberto The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Williamson, seconded by Councilmember Chatman and carried unanimously, Proposed Resolution No. 14400 was adopted becoming Resolution No. 07-465. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood and Williamson. Voting No: None. The caption of Resolution No. 07-465 reads as follows: RESOLUTION NO. 07-465 A RESOLUTION AS IT PERTAINS TO NON EXEMPT NON CIVIL SERVICE WORKERS WHO WORKED DURING HURRICANE HUMBERTO City Council Minutes Regular Meeting -October 9, 2007 11 (8) P. R. No. 14402 - A Resolution As It Pertains To A Commercial Real Estate Purchase Contract With Basco Construction For The Purchase Of The Building At 4173 39t" Street By The City Of Port Arthur Section 4A Economic Development Corporation At the request of the City Attorney, the above-mentioned item was held until after the Executive Session. (9) P. R. No. 14411 - A Resolution As It Pertains To Submitting A Name Or Names For Nomination To The Board Of Directors Of The Jefferson County Appraisal District The Mayor introduced the above-mentioned Proposed Resolution. Mayor Prince nominated the following individuals to serve on the Jefferson County Appraisal District Board of Directors with the following applicable votes: Mr. Fred Mitchell 64 Votes Mr. Roosevelt Petry 63 Votes The motion was made by Councilmember Chatman and seconded by Councilmember Flood that Proposed Resolution No. 14411 be adopted with the above-named nominations receiving the above-mentioned votes. Proposed Resolution No. 14411 was adopted becoming Resolution No. 07-466. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood and Williamson. Voting No: None. The caption of Resolution No. 07-466 reads as follows: RESOLUTION NO. 07-466 A RESOLUTION AS IT PERTAINS TO SUBMITTING A NAME OR NAMES FOR NOMINATION TO THE BOARD OF DIRECTORS OF THE JEFFERSON COUNTY APPRAISAL DISTRICT (10) P. R. No. 14413 - A Resolution As It Pertains To Termination Of The Incentive Agreement With Legacy Senior Housing Of Port Arthur, Texas At the request of the City Attorney, the above-mentioned Proposed Resolution was held until after the Executive Session. Councilmember Jones left the City Council Chamber at 10:45 a.m. B. Ordinances (1) P. O. No. 5801 - An Ordinance Amending Chapter 18 Section 18-33 (a) Permit Schedule Subsection B106 Exceptions To Permit Fees, Of The Building Code Of Ordinances Of The City Of Port Arthur; Said Changes Repeal All Or Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Hereof City Council Minutes Regular Meeting -October 9, 2007 12 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Chatman, seconded by Councilmember Williamson and carried unanimously, Proposed Ordinance No. 5801 was adopted becoming Ordinance No. 07-76. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Henderson, Flood and Williamson. Voting No: None. The caption of Ordinance No. 07-76 reads as follows: ORDINANCE NO. 07-76 AN ORDINANCE AMENDING CHAPTER 18 SECTION 18-33 (A) PERMIT SCHEDULE SUBSECTION B106 EXCEPTIONS TO PERMIT FEES, OF THE BUILDING CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR; SAID CHANGES REPEAL ALL OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING THE EFFECTIVE DATE HEREOF (2) P. O. No. 5802 - An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of A Claim In The Amount Of $7,708.34 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1527 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Henderson, seconded by Councilmember Chatman and carried unanimously, Proposed Ordinance No. 5802 was adopted becoming Ordinance No. 07-77. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Henderson, Flood and Williamson. Voting No: None. The caption of Ordinance No. 07-77 reads as follows: ORDINANCE NO.07-77 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EXECUTE SETTLEMENT OF A CLAIM IN THE AMOUNT OF $7,708.34 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML) AS A RESULT OF THE PROPERTY DAMAGE TO CITY POLICE VEHICLE #1527 (3) P. O. No. 5803 - An Ordinance Authorizing An On-Line Auction And Sale Of Certain Surplus Property By The City Of Port Arthur City Council Minutes Regular Meeting -October 9, 2007 13 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Henderson, seconded by Councilmember Flood and carried unanimously, Proposed Ordinance No. 5803 was adopted becoming Ordinance No. 07-78. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Henderson, Flood and Williamson. Voting No: None. The caption of Ordinance No. 07-78 reads as follows: ORDINANCE NO. 07-78 AN ORDINANCE AUTHORIZING AN ON-LINE AUCTION AND SALE OF CERTAIN SURPLUS PROPERTY BY THE CITY OF PORT ARTHUR (4) P. O. No. 5804 - An Ordinance As It Pertains To Licensing For Installers Of Irrigation Systems Adding Section 18-293 To The Code Of Ordinances The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Henderson, seconded by Councilmember Williamson, carried unanimously, Proposed Ordinance No. 5804 was adopted becoming Ordinance No. 07-79. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Henderson, Flood and Williamson. Voting No: None. The caption of Ordinance No. 07-79 reads as follows: ORDINANCE NO. 07-79 AN ORDINANCE AS IT PERTAINS TO LICENSING FOR INSTALLERS OF IRRIGATION SYSTEMS ADDING SECTION 18-293 TO THE CODE OF ORDINANCES (5) P. O. No. 5806 - An Ordinance Providing For Holiday Pay For The Fiscal Year 2007/2008 (Requested By Mayor Prince) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Chatman that Proposed Ordinance No. 5806 be adopted. Councilmember Jones returned to the City Council Chamber at 11:00 a.m. The City Manager addressed budgetary funding criteria for the proposed Holiday pay. Finance Director Rebecca Underhill appeared before the City Council to address issues of funding accountability. City Council Minutes Regular Meeting -October 9, 2007 14 The motion was made by Councilmember Jones and seconded by Councilmember Williamson that Proposed Ordinance No. 5806 be tabled. Proposed Ordinance No. 5806 was tabled. (6) P. O. No. 5807 - An Ordinance As It Pertains To An Agreement With Waste Management, Inc. For The Use Of The City Of Port Arthur's Landfill The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmember Jones that Proposed Ordinance No. 5807 be adopted. The City Manager discussed the proposed agreement adding an incentive for Waste Management to utilize the City's landfill and to dissolve late fees. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson and Flood. Voting No: Councilmember Williamson. Proposed Ordinance No. 5807 was adopted over the dissenting vote of Councilmember Williamson becoming Ordinance No. 07-80. The caption of Ordinance No. 07-80 reads as follows: ORDINANCE NO. 07-80 AN ORDINANCE AS IT PERTAINS TO AN AGREEMENT WITH WASTE MANAGEMENT, INC. FOR THE USE OF THE CITY OF PORT ARTHUR'S LANDFILL C. *Reports And Recommendations (1) August, 2007 Financial Report Finance Director Rebecca Underhill addressed the above-mentioned report. (2) Report On Mayor & City Manager's Trip To Washington, DC On 10/2-3/07 The City Manager addressed the above-mentioned report. The City Council recessed their meeting at 11:28 a.m. and reconvened their meeting at 1:03 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood and Williamson; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. VIII. REPORTS OF BOARDS & COMMITTEES -None IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (i) Section 551.074 Government Code - To Discuss With The City Attorney His Duties And Responsibilities As It Pertains City Council Minutes Regular Meeting -October 9, 2007 15 To The City Of Port Arthur Section 4A Economic Development Corporation (2) Section 551.087 Government Code - To Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects (3) Section 551.072 Government Code - To Discuss The Value Of Land On Austin Avenue (4) Section 551.087 Government Code - To Discuss Incentives As It Pertains To The Big Wheel Development Project (5) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Port Iron And KCS (6) Section 551.074 Government Code - To Discuss With The City Attorney His Duties As It Pertains To Election Issues (7) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation As It Pertains To The State Of Texas Vs City The City Council recessed their meeting at 1:07 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 3:26 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson and Williamson; City Manager Fitrgibbons, Assistant City Secretary Hanks and City Attorney Sokolow. Councilmember Flood returned to the Council Chamber at 3:28 p.m. V. UNFINISHED BUSINESS (1) 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 City Attorney made the following amendment into the record: Section 2. That the contract for legal services for the City of Port Arthur Section 4A Economic Development Corporation with the law firm of Germer Gertz, is herein approved in substantially the same form as attached hereto as Exhibit "A" for the Fiscal Year 2007/2008, with the contract term of October 9, 2007 through September 30, 2008, with the exception as to the use of Gary Coker. Upon the motion by Councilmember Henderson, seconded by Councilmember Jones and carried unanimously, Proposed Resolution No. 14283 was adopted as amended by the City Attorney becoming Resolution No. 07-467. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood and Williamson. Voting No: None. City Council Minutes Regular Meeting -October 9, 2007 16 The caption of Resolution No. 07-467 reads as follows: RESOLUTION NO. 07-467 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 (3) P. O. No. 5793 - An Ordinance Amending Article IV Of Chapter 22 Of The Code Of 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 Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Williamson, seconded by Councilmember Chatman and carried unanimously, Proposed Ordinance No. 5793 was tabled. Proposed Ordinance No. 5793 was tabled. Councilmember Flood left the City Council Chamber at 3:30 p.m. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (3) P. R. No. 14391 - A Resolution As It Pertains To A Second Amendment To The Economic Incentive Contract And Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Reliable Polymer Services, L.P. And As It Pertains To A Subordination Agreement The Mayor introduced the above-mentioned Proposed Resolution. The City Attorney made the following amendment into the record: Section 2. That the President and Secretary of the City of Port Arthur Section 4A Economic Development Corporation are herein authorized to execute the Second Amendment to the Economic Incentive Contract and Loan Agreement in substantially the same form as denoted in Exhibit "A", with the paragraph as to the management/supervisory credit of $50,000 being deleted, and to execute the Subordination Agreement, as delineated in substantially the same form as denoted in Exhibit "B". Upon the motion by Councilmember Williamson, seconded by Councilmember Henderson and carried unanimously, Proposed Resolution No. 14391 was adopted as amended by the City Attorney becoming Resolution No. 07-468. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, ]ones, Henderson and Williamson. Voting No: None. The caption of Resolution No. 07-468 reads as follows: City Council Minutes Regular Meeting -October 9, 2007 17 RESOLUTION NO. 07-468 A RESOLUTION AS IT PERTAINS TO A SECOND AMENDMENT TO THE ECONOMIC INCENTIVE CONTRACT AND LOAN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND RELIABLE POLYMER SERVICES, L.P. AND AS IT PERTAINS TO A SUBORDINATION AGREEMENT (8) P. R. No. 14402 - A Resolution As It Pertains To A Commercial Real Estate Purchase Contract With Basco Construction For The Purchase Of The Building At 4173 39t" Street By The City Of Port Arthur Section 4A Economic Development Corporation The Mayor introduced the above-mentioned Proposed Resolution. The City Attorney made the following amendment into the record: Section 3. That prior to the EDC exercising its option to finance $200,000, it will require additional approval of the City Council. Upon the motion by Councilmember Henderson, seconded by Councilmember Jones and carried unanimously, Proposed Resolution No. 14402 was adopted as amended by the City Attorney becoming Resolution No. 07-469. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson and Williamson. Voting No: None. The caption of Resolution No. 07-469 reads as follows: RESOLUTION NO. 07-469 A RESOLUTION AS IT PERTAINS TO A COMMERCIAL REAL ESTATE PURCHASE CONTRACT WITH BASCO CONSTRUCTION FOR THE PURCHASE OF THE BUILDING AT 4173 39T" STREET BY THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION Councilmember Flood returned to the City Council Chamber at 3:32 p.m. (10) P. R. No. 14413 - A Resolution As It Pertains To Termination Of The Incentive Agreement With Legacy Senior Housing Of Port Arthur, Texas The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Henderson, seconded by Councilmember Chatman and carried unanimously, Proposed Resolution No. 14413 was adopted becoming Resolution No. 07-470. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood and Williamson. Voting No: None. City Council Minutes Regular Meeting -October 9, 2007 18 The caption of Resolution No. 07-470 reads as follows: RESOLUTION NO. 07-470 A RESOLUTION AS IT PERTAINS TO TERMINATION OF THE INCENTIVE AGREEMENT WITH LEGACY SENIOR HOUSING OF PORT ARTHUR, TEXAS X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Mayor Prince• (1) Requested that a joint meeting be scheduled on October 16, 2007 at 4:30 p.m. with the City Council and the Port Arthur Economic Development Corporation. (2) Requested that a joint meeting be scheduled on October 30, 2007 at 4:30 p.m. with the City Council and the Pleasure Island Commission. Mayor Pro Tem Sinegal: (1) Requested that evaluations of the City Manager, City Attorney and City Secretary be conducted. (2) Requested that fencing be installed to cover the wrecked city vehicles located at the Maintenance Operation Center on Highway 73. Councilmember )ones: Councilmember Jones echoed the same concerns as Mayor Pro Tem Sinegal concerning the unsightly vehicle wreckage at the Highway 73 location. Councilmember Chatman: Requested rescheduling the City Council Retreat. XI. AD70URNMENT OF MEETING Upon the motion of Councilmember Henderson, seconded by Councilmember Chatman and carried unanimously, the City Council adjourned their meeting at 3:44 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 October 9, 2007. APPROVED: City Council Minutes Regular Meeting -October 9, 2007 19