Loading...
HomeMy WebLinkAbout(2) SEPTEMBER 09, 2008 REGULAR MEETINGREGULAR MEETING -September 9, 2008 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 Arthur rnet in Regular Session on Tuesday, September 9, 2008 at 8:39 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Councilmembers Elizabeth "Liz" Segler, Morris Albright, III, Martin Flood and Thomas J. "Tom" Henderson; City Manager Steve Fitzgibbons, Acting City Secretary Terri Hanks, City Attorney Mark T. Sokolow and Sergeant At Arms Police Chief Mark Blanton. Councilmember Dawana K. Wise joined the Regular Meeting at 8:42 a.m. Mayor Pro Tem Jack Chatman, Jr. joined the Regular Meeting at 8:45 a.m. Councilmember John Beard, Jr. was absent from the Regular Meeting. Councilmember Robert E. "Bob" Williamson was absent from the Regular Meeting. II. PROCLAMATIONS & MINUTES Proclamations -None Minutes ]anuary 26, 2008 -Retreat/Special Meeting (Cancelled) Upon the motion of Councilmember Albright, seconded by Councilmember Henderson and unanimously carried, the City Council ap~-roved the above-mentioned minutes. February 22, 2008 -Retreat/Special Meeting (Cancelled) Upon the motion of Councilmember Albright, seconded by Councilmember Henderson and unanimously carried, the City Council approved the above-mentioned minutes. March 18, 2008 - P&Z Joint/Special Meeting Upon the motion of Councilmember Albright,, seconded by Councilmember Henderson and unanimously carried, the City Council approved the above-mentioned minutes. March 19, 2008 - EDC ]oint/Special Meeting Upon the motion of Councilmember Albright,, seconded by Councilmember Hendersonn and unanimously carried, the City Council approved the above-mentioned minutes. July 1, 2008 -Special Executive Session Upon the motion of Councilmember Albright, seconded by Councilmember Henderson and unanimously carried, the City Council approved the above-mentioned minutes. ]uly 1, 2008 -Regular Meeting Upon the motion of Councilmember Albright, seconded by Councilmember Henderson and unanimously carried, the City Council approved the above-mentioned minutE~s. III. PETITIONS & COMMUNICATIONS A. Speakers (1) Betty Kiel Regarding Taking Trash Out Of Port Arthur Mrs. Betty Kiel, 1401 Fifth Ave, appeared before the City Council to discuss issues related to trash and street damages. Councilmember Wise joined the Regular Meeting at 8:42 a.m. (2) Harold Doucet Regarding Dump Trucks and Roads Mr. Harold Doucet, 5118 Cambridge Avenue,, appeared before the City Council to speak on topics concerning employment, expansion projects, parking dump trucks in residential areas and reimbursement for street repairs. Mayor Pro Tem Chatman joined the Regular Fleeting at 8:45 a.m. B. Presentations -None C. Corres ondence -None V. UNFINISHED BUSINESS (1) P. R. No. 14869 - A Resolution Approving An Industrial District Agreement With Pr•emcor Refining Group For The COEX Expansion Project, Gasification Project And The Existing Premcor (Valero) Units (2008-2019) (2) P. R. No. 14893 - A Resolution As It Pertains To The Park Plaza Area Unfinished Business was held after the Execui:ive Session. VI. CONSENT AGENDA Upon the motion of Councilmember Albright, seconded by Councilmember Vllise and unanimously carried, the following Consent Agenda items were adopted: A. Consideration And Approval Of The Purchase Of Two 2009 Ford F150 ~/2-Ton Trucks From Philpott Motors (Through HGAC) In The Amount Of $37,471.64 For The Housing Department B. Consideration And Approval Of Payment To Contra/ Concept, Houston, TXIn The: Amount Of $6,813 For Repairs To The .Raw Water Pump Drive System For The Utility Operations Department (Water Treatment Division) C. Consideration And Approval Of The Purchase Of A 2009 Toyota Camry Hybrid Frorri Philpott Motors With HGAC Pricing In The Amount 1)f $26,368.06 For The Fire Department D. Exuense Report Mayor Deloris "Bobbie" Prince: Attended TXDOT Annual Save A Life Awards Luncheon Fort Worth, Texas August 20-22, 2008 $ 1,272.30 City Attorney Mark T. Sokolo~w: Trip To Beaumont Court House Beaumont, TX August 25, 2008 $ 7,70 City Council Minutes Regular Meeting -September 9, 2008 2 Trip To Beaumont Court House Beaumont, TX August 29, 2008 $ 25.52 Resolutions -Consent (1) P. R. No. 14863 - A Resolution Approving A Contract Between The City Of Port Arthur, Lamar State College-Part Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Muiseum Of The Gulf Coast For The 2008-2009 Fiscal Year Iin The Amount Of $144,336, Account #140-1405-557.59-00, M97904 Proposed Resolution No. 14863 was adopted beccming Resolution No. 08-367. (2) P. R. No. 14864 - A Resolution Approving A Contract Between The City Of Pont Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Pompeiian Villa For The :1!008-2009 Fiscal Year In The Amount Of $19,800, Account #140-1405-551.59-00, M97909 Proposed Resolution No. 14864 was adopted becoming Resolution No. 08-368. (3) P. R. No. 14865 - A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates AConvention/Visitors Bureau Proposed Resolution No. 14865 was adopted becoming Resolution No. 08-369. (4) P. R. No. 14876 - A Resolution Authorizing Revisions T~o The City's Housing Assistance Rehabilitation And Reconstruction Program Guidelines Proposed Resolution No. 14876 was adopted becoming Resolution No. 08-370. (5) P. R. No. 14895 - A Resolution Pertaining To The Demolition And Reconstruction Contracts For The House A,t 2310 Thomas Blvd. For $72,135.00, 3140 6t" Street For $71,115.60 And 3236 17t" Street For $70,875.60, For Completion Of The Homes And Payments To The Contractor Thomas Sheppard, Of Stonewater, Inc., In The Amount Of $214,126.80; Account No. 108-2141-626.59-00, Project No. HE0502, 108-2141-626.59-00 & 108-2141-626.59-01., Project No. HE0602 Proposed Resolution No. 14895 was adopted t~ecoming Resolution No. 08-371. (6) P. R. No. 14898 - A Resolution Authorizing The Purchase Of Windstorm Coverage (Commercial And Residential) In The Amount Of $421,213 Per Annum. Proposed Funding By: General Liability Insurana~ Fund: 612-1702-581.52-00 $421,213 Proposed Resolution No. 14898 was adopted becoming Resolution No. 08-372. (7) P. R. No. 14899 - A Resolution Authorizing The City Manager To Enter Into A Contract With RWL Group For Risk Management Consulting Seirvices At The Not To Exceed Cost Of $18,000 For The 2(108-2009 Fiscal Year. Funding By: General Liability Insurance Fund: 612-1702-581.52-00 City Council Minutes Regular Meeting -September 9, 2008 3 Proposed Resolution No. 14899 was adopted becoming Resolution No. 08-373. (8) P. R. No. 14901 - A Resolution Authorizing An Emergency Contract With 7BS Packing, Inc. As To Provide Services, Supplies, Or Trucks In The Case Of An Emergency Or Disaster With The Term Of 'The Agreement From January 1, 2009 To December 31, 201]L Proposed Resolution No. 14901 was adopted becaming Resolution No. 08-374. (9) P. R. No. 14902 - A Resolution Authorizing An Emergency Contract With Market Basket As To Provide Groceries And Goods In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2009 7'0 December 31, 2011 Proposed Resolution No. 14902 was adopted becoming Resolution No. 08-375. (10) P. R. No. 14903 - A Resolution Authorizing An Emergency Contract With DRD PAT HOTEL D/B/A Holiday Inn -Park Central As To Provide Services, Supplies, Accommodations, Or Conference Rooms In 1'he Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2009 To December 31, 2011 Proposed Resolution No. 14903 was adopted becoming Resolution No. 08-376. (11) P. R. No. 14904 - A Resolution Authorizing An Emergency Contract With Derrick Oil Company As To Provide Services, Fuel, Lubricants, Tanks, Trucks,, Goods And Equipment At 947 Procter And 1349 Austin Avenue In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2009 To December 31, 2011 Proposed Resolution No. 14904 was adopted becoming Resolution No. 08-377. (12) P. R. No. 14905 - A Resolui:ion Authorizing An Emergency Contract With The American Legion Post 7 As To Provide The Use Of Their Facility At 3750 Memorial In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2009 To December 31, 2011 Proposed Resolution No. 14905 was adopted t~ecoming Resolution No. 08-378. (13) P. R. No. 14907 - A Resolution Authorizing An Emergency Contract With Ramada Inn Of Port Arthur As To Provide Services, Supplies, Or Accommodations In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2009 To December 31, 2011 Proposed Resolution No.14907 was adopted becoming Resolution No.08-379. (14) P. R. No. 14910 - A Resolution Authorizing An Emergency Contract With Triangle Waste Solutions As To Provide Roll•• Off Boxes For Garbage, Drinking Water, Portable Buildings And Portable Toilets In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1,, 2009 To December 31, 2011 Proposed Resolution No. 14910 was adopted becoming Resolution No.08-380. City Council Minutes Regular Meeting -September 9, 2008 4 (15) P. R. No.14911 - A Resolution Approving The FY 2008-09 Contract Between The City Of Port Arthur And The Department Of State Health Services, Immunization Branch-Locals Proposed Resolution No. 14911 was adopted becoming Resolution No. 08-381. (16) P. R. No. 14912 - A Resolution Approving The FY 2008-09 Contract Between The City Of Port Arthur And The Department Of State Health Services, RLSS-Local Public Health System Proposed Resolution No. 14912 was adopted becoming Resolution No. 08-382. (17) P. R. No. 14913 - A Resolution Approving A Contract Between The City Of Port ~4rthur And The Department Of State Health Services For' Vital Statistics To Continue Online Birth Certificate Access Proposed Resolution No. 14913 was adopted becoming Resolution No. 08-383. (18) P. R. No. 14914 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Post Arthur And Brammer Construction, Inc. For Completion Of The Wastewater Treatment Plant Administration Building, For An Amount Of $48,420. PROD HRWWTP, 123-2300- 901.82-00 Proposed Resolution No. 14914 was adopted becoming Resolution No. 08-384. (19) P. R. No. 14915 - A Resolutiion Authorizing A Two (2) Year Contract With Otis Elevator Company Of Beaumont, Texas For Maintenance Services For The City Hall Elevators In The Amount Of $560 Per Month, For An Annual Cost Of $6,720. Funds Are Available In The (Public Works City Hall Account No. 001-1206-531.32-00 Proposed Resolution No. 14915 was adopted becoming Resolution No. 08-385. Mayor Prince left the Regular Meeting at 9:02 a.m. to meet with Federal Emergency Management Association (FEMA) and local emergency management coordinators to discuss hurricane storm preparations. In Mayor Prince's absence, Mayor Pro Tem Chatman presided over the Regular Meeting. IV. PUBLIC HEARINGS - 9:00 AM To Consider A Proposal To Increase Total Tax Revenues From Properties On The Tax Roll In The Preceding Tax Year By 8.99 Percent (Percentages By Which Proposed Tax Rate Exceeds Lower Of Rollback Tax Rate Or Effective Tax Rate Calculated Under Chapter 26, Tax Code) The Mayor Pro Tem introduced the above-mentioned Public Hearing at 9:07 a.m. Finance Director Becky Underhill appeared before the City Council to give an overview of the proposal to increase property tax revenues. Mayor Pro Tem Chatman requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. No one appeared before the City Council to address the above-mentioned item. City Council Minutes Regular Meeting -September 9, 2008 5 Upon the motion of Councilmember Henderson, seconded by Councilmember Albright and unanimously carried, the City Council closed the Public Hearing at 9:11 a.mi. VII. ITEMS REQUIRING INDIVIDUAL /ACTION- NON-CONSENT A. Ordinances (1) P. O. No. 5915 - An Appropriation Ordinance Adopting A Budget For The Ensuing Fiscal Year Beginning October .1, 2008 And Ending September 30, 2009, In Accordance With Section 7, Article XII Of Tlhe Charter Of The City Of Port Arthur The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember HE~nderson and seconded by Councilmember Flood that the Proposed Ordinance No. 5915 be adopted. Finance Director Rebecca Underhill appeared before the City Council to address inquiries related to the budget adoption. The motion was made by Councilmember Albright and seconded by CouncilmembE~r Wise that the Proposed Ordinance No. 5915 be tabled for discussion after the Executive Session. Proposed Ordinance No. 5915 was unanimously tabled. (2) P. O. No. 5917 - 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, 2008 And Ending September 30, 2009 In Accordance With Section 12.03 Of The Bylaws Of The Corporation The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Albright, seconded by Councilmember Henderson and unanimously carried, Proposed Ordinance No. 5917 was adopted bE~coming Ordinance No. 08-91. Voting Yes: Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Wise and Henderson. Voting No: None. The caption of the Ordinance No. 08-91 reads as fallows: ORDINANCE NO. 08-91 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, 2008 AND ENDING SEPTEMBER 30, 2009 IN ACCORDANCE WITH SECTION 12.03 OF THE BYLAWS OF THE CORPORATION (3) P.O. No. 5929 - An Ordinance Amending Subsections (3), (4) And (5) Of Section 78-150 (A) Of The Code Oi` Ordinances As It Pertains To Overtime Compensation City Council Minutes Regular Meeting -September 9, 2008 6 The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Albright, seconded by Councilmember Flenderson and unanimously carried, Proposed Ordinnance No. 5929 was adopted becoming Ordinance No. 08-92. Voting Yes: Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Wise and Henderson. Voting No: None. The caption of the Ordinance No. 08-92 reacts as follows: ORDINANCE NO.08-92 AN ORDINANCE AMENDING SUBSECTIONS (3), (4) AND (5) OF SECTION 78-150 (A) OF THE CODE OF ORDINANCES AS IT PERTAINS TO OVERTIME COMPENSATION (4) P. O. No. 5932 - An Ordinance As It Pertains To Greenehill Park Phase I The above-mentioned Proposed Ordinance was held after the Executive Session. (5) P.O. No. 5933 - An Ordinaince Amending Section 78-53 Of The Code Of Ordinances As It Pertains To Inclement Weather The City Manager introduced the above-menttioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmember Wise that Proposed Ordinance No. 5933 be adopted. Assistant City Manager and Human Resources Director Harvey Robinson appearE~d before the City Council to address inquiries related to proposed amendrnent for inclement weather pay. Proposed Ordinance No. 5933 was adopted becoming Ordinance No. 08-93. Voting Yes: Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Wi<,>e and Henderson. Voting No: None. The caption of the Ordinance No. 08-93 reads as follows: ORDINANCE NO. 08-93 AN ORDINANCE AMENDING SECTION 78-53 OF THE CODE OF ORDINANCES AS IT PERTAINS TO INCLEMENT WEATHER B. *Reuorts And Recommendations (1) Report On Quiet Zones And (Railroads Assistant City Attorney Valecia 'Val" Tizeno appeared before the City Council to discuss costs related to installing safety equipment at railroad crossings. (2) Report On The City's September tit" Commemorative Service City Council Minutes Regular Meeting -September 9, 2008 ~ Fire Chief Larry Richard appeared before the City Council to discuss Septerriber ll.tn Commemorative arrangements to be held a~t 9:00 a.m. at the Procter Street Pavilioin. The Fire Chief noted that the commemorative service depends on hurricane weather conditions. (3) Report On Hurricane Gustav Police Chief Mark Blanton appeared before the City Council to discuss h~urricanie evacuation transportation for special needs citizens and that an emergency information website is now available online. VIII. REPORTS OF BOARDS & COMMISSIONS -NONE IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (1) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (2) Section 551.072 Government Code - To Discuss The Value Of Land In The City's ET7 (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation With Williams And Rao (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation With Silver Spoon (5) Section 551.071 Government Code - To Discuss Potential Litigation As To ADA AccessiN~ility (6) Section 551.071 Government Code - To Discuss Potential Litigation As To Condemnation For Drainage/Street Extensions (7) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As To Park Plaza Mayor Prince joined the Regular Meeting during Executive Session at 10:30 a.m. The City Council recessed their meeting at 10:03 .a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 11:42 a.m. with the following members present: Mayor Prince; Mayor Pro Tem Chatman, Councilmembers Segler, Albright, Flood, Wise and Henderson; City Nlanageir Fitzgibbons, Acting City Secretary Hanks, City Attorney Sokolow and Sergeant at Arm> Blanton. V. UNFINISHED BUSINESS (1) P. R. No. 14869 - A Resolution Approving An Industrial District Agreement With PrE~mcor Refining Group For ThE~ COEX Expansion Project, Gasification Project And ThF; Existing Premcor (Valero) Units (2008-2019) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Mayor Pro Temp Chatman that Proposed Resolution No. 14869 Ibe tabled. City Council Minutes Regular Meeting -September 9, 2008 8 The City Manager proposed conducting a special meeting to separately discuss industrial agreements. Proposed Resolution No. 14869 was unanimously tabled. (2) P. R. No. 14893 - A Resolui:ion As It Pertains To The Park Plaza Area The Mayor introduced the above-mentioned Proposed Resolution. City Attorney stated the following amendments into the record: 1. Repairs not to exceed $15,000. 2. Settlement agreement and standard release for any damages. 3. No suits filed for at least five (5) years. The motion was made by Councilmember A~Ibright and seconded by Councilmember Flood that Proposed Resolution No. 14893 bey adopted with the amendments stated b~y the City Attorney. Proposed Resolution No. 14893 was adopted crver the dissenting vote of Mayor Pro Tem Chatman, becoming Resolution No. 08-386. Voting Yes: Mayor Prince; Councilmember's Segler Albright, Flood, Wise and Henderson. Voting No: Mayor Pro Tem Chatman. The caption of the Resolution No. 08-386 readls as follows: RESOLUTION NO. 08-386 A RESOLUTION AS IT PERTAINS TO THE PARK PLAZA AREA VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Ordinances (4) P. O. No. 5932 - An Ordinance As It Pertains To Greenehill Park Phase I The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion by Mayor Pro Tem Chatm<~n, seconded by Councilmember Albright and unanimously carried, Proposed Ordinance No. 5932 was removed. Proposed Ordinance No. 5932 was removed. (1) P. O. No. 5915 - An Appropriation Ordinance Adopting A Budget For The Ensuing Fiscal Year Beginning October 1, 2008 And Ending September 30, 2009, In Accordance With Section 7, Article XII Of The Charter Of The City Of Port Arthur The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Henderson, seconded by Councilmember Flood and carried unanimously, Proposed Ordinance No. 5915 was reconsidered for adoption. City Council Minutes Regular Meeting -September 9, 2008 g The City Manager stated the following budget amendments per City Council direction: 1. Reduced Health Insurance to $35;x,000. 2. Increased radio equipment replacement fund for final payment to the radio system grant. 3. Increased Community Services operating budget by $55,000 for an additional employee. 4. Increased automobile allowances by $15,000. 5. Included $150,000 for additional property acquisition for the West Side. 6. Provided $50,000 for housing assistance from the general fund 7. Provided $75,000 for employee holiday pay. 8. Provided $10,000 for Community Prosecution Program 9. Provided $26,368 for Fire Departrrient equipment. The motion was made by Councilmember Albright and seconded by Mayor Pro TE~m Chatman that Proposed Ordinance No. 5915 be adopted with the above-stated amendments. Proposed Ordinance No. 5915 was adopted k~ecoming Ordinance No. 08-94. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman, Councilmembers Segler Albright, Flood, Wise and Henderson. Voting No: None. The caption of the Ordinance No. 08-94 reads as follows: ORDINANCE NO. 08-94 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 200SI, IN ACCORDANCE WITH SECTION 7, ARTICLE XII OF THE CHARTER OF THE CITY OF PORT AF',THUR X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Mavor Prince• 1. Requested enforcing violations of parking vehicles in front yards. 2. Announced that Red Cross food banks are available to citizens. 3. Announced that she will be conductinci a press conference at 2:30 p.m. Ito update citizen on hurricane storm conditions. Councilmember Sealer: Requested enforcement of parked vehicles in front and back yards. Mavor Pro Tem Chatman: 1. Requested an update on the property :;ale at 648 Fourth Street. 2. Requested information on aide for indigent evacuation. XI. ADJOURNMENT OF MEETING Upon the motion by Councilmember Henderson, seconded by Councilmember Albright and carried unanimously, the City Council adjourned their meeting at 12:12 p.m. City Council Minutes Regular Meeting -September 9, 2008 10 An audio-tape of this meeting is on file in the office of the City Secretary and is macle a part of the official minutes of this meeting. MAYOR DELORIS "BOBBIE" PRINCE ATTEST: ACTING CITY SECRETARY TERRI HANKS END OF REGULAR MEETING HELD SEPTEMBER 9, 2008. APPROVED: Ciry Council Minutes Regular Meeting -September 9, 2008 1:1