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HomeMy WebLinkAboutE. NOVEMBER 04, 2008 - REGULAR MEETINGREGULAR MEETING -November 4, 2008 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, November 4, 2008 at 8:35 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, Robert E. "Bob" Williamson, and Thomas J. "Tom" Henderson; City Manager Steve Fitzgibbons, Acting City Secretary Terri Hanks and City Attorney Mark T. Sokolow. Councilmember John Beard, ]r. arrived at the Regular Meeting 8:45 a.m. Mayor Pro Tem Jack Chatman, Jr. arrived at the Regular Meeting at 8:50 a.m. Councilmember Dawana K. Wise arrived at the Regular Meeting at 11:05 a.m. during the Executive Session. II. PROCLAMATIONS & MINUTES Proclamations -None Minutes June 17, 2008 -Regular Meeting. Upon the motion of Councilmember Albright seconded by Councilmember. Williamson and carried unanimously, the City Council approved the above-mentioned minutes. September 9, 2008 -Regular Meeting Upon the motion of Councilmember Albright seconded by Councilmember Williamson and carried unanimously, the City Council approved the above-mentioned minutes. October 21, 2008 -Special Meeting Upon the motion of Councilmember Albright seconded by Councilmember Williamson and carried unanimously, the City Council approved the above-mentioned minutes. October 21, 2008 -Regular Meeting Upon the motion of Councilmember Albright seconded by Councilmember Williamson and carried unanimously, the City Council approved the above-mentioned minutes. October 27, 2008 -Special Meeting . Upon the motion of Councilmember Albright seconded by Councilmember Williamson and carried unanimously, the City Council approved the above-mentioned minutes. III. PETITIONS 8c COMMUNICATIONS A. Sneakers -None B. Presentations (1) David Smith of Smith Family Dome Home Builders Regarding Alternative Home Building Styles Mr. David Smith, 7941 Kaiyute Road, Orange; Texas appeared before the City Council to introduce an alternative home building architecture entitled "Monolithic Dome". He reported that the new dome design can withstand hurricane force winds. Councilmember Beard joined the Regular Meeting at 8:45 a.m. (2) Melvin Getwood Of The Westside Neighborhood Association Regarding Westside Development Westside Neighborhood Association Representative Melvin Getwood, 340 West Fifteenth Street, appeared before the City Council to request consideration in erecting a brick wall with "Welcome to the Historic Westside" signage. Mayor Pro Tem Chatman joined the Regular Meeting at 8:50 a.m. C. Correspondence -None IV. PUBLIC HEARINGS - 9:00 AM -None VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P.R. No. 14968 - A Resolution Amending Article VI Of The Articles Of Incorporation Of The Port Arthur Housing Finance Corporation The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Williamson, seconded by Councilmember Henderson and carried unanimously, Proposed Resolution No. 14968 was adopted becoming Resolution No. 08-426. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of the Resolution No. 08-426 reads as follows: RESOLUTION. N0.08-426 A RESOLUTION AMENDING ARTICLE VI OF THE ARTICLES OF INCORPORATION OF THE PORT ARTHUR HOUSING FINANCE CORPORATION V. UNFINISHED BUSINESS P. R. No. 14941 - A Resolution Appointing Or Reappointing A Member Or Members To The Housing Finance Corporation Board Of Directors The Mayor introduced the above-mentioned Rroposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Albright that Proposed Resolution No. 14941 be adopted with the following nominations as stated by the Acting City Secretary: Acting City Secretary Hanks read the following appointments into the record: -City Council Minutes Regular Meeting -November 4, 2008 2 Mayor Prince Councilmember Segler Councilmember Albright Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Henderson Mr. Richard Cox Ms. Virginia Dudley Mrs. Betty Herlin Ms. Tommiesazine Louviere Mr. John Comeaux Mr. Levi Adams, Jr. Mr. Floyd Marceaux Proposed Resolution No. 14941 was adopted becoming Resolution No. 08-427. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of the Resolution No. 08-427 reads as follows: RESOLUTION NO. 08-427 A RESOLUTION APPOINTING OR REAPPOINTING A MEMBER OR MEMBERS TO THE HOUSING FINANCE CORPORATION BOARD OF DIRECTORS Councilmember Flood left the Regular Meeting at 8:59 a.m. VI. CONSENT AGENDA Upon the motion of Councilmember Williamson, seconded by Councilmember Henderson and carried unanimously, the following Consent Agenda items were adopted with the exception of Proposed Resolution No.'s 14963, 14964, 14965 and 14971: A. Consideration And Approval Of Payment To USA B/ueboo/y Gurnee, IL In The Amount Of $12,760 For Two Chemical Buildings Damaged By Hurricane Ike At The Sabine Pass Waste Water Treatment Plant B. Consideration And Approval Of Payment To Bayou E/ectric, Orange, TX In The Amount Of $6,367.19 For Emergency Wiring Installation To A Raw Water Pump Damaged By Hurricane Ike For The Utility Operations Department (Water Purification Division) C. Consideration And Approval Of Payment To Pump 8 Power Equipmenry LP, Houston, 7ai'In The Amount Of $36,379 For Seven Submersible Pumps Damaged By Hurricane Ike For The Utility Operations Department (Wastewater Conveyance & Treatment Divisions) D. Consideration And Approval Of Payment To Daktroni~s, Brookings, SD (Through BuyBoard) In The Amount Of $66,386 For A New Marquee Damaged By Hurricane Rita For The Robert A. "Bob" Bowers Civic Center E. Consideration And Approval Of Payment To Rurai Pipe & 5upp/y, Jasper, TX For The Purchase Of Small AMR Meters At Unit Prices (Estimated Cost $2,515,000) For The Utility Operations Department City Council Minutes Regular Meeting -November 4, 2008 3 F. Consideration And Approval Of Payment To BLOC Design- Buiid, LLC, Longview, TX In The Estimated Amount Of $39,312 For Radio Telemetry Systems At Several Pump/Lift Stations Damaged By Hurricane Ike (Utilities Operations Department) G. Consideration And Approval Of Payment To Rosemount Inc,, Chanhassen, MN In The Amount Of $7,769.40 For Six Pressure Transmitters For The Gulf, Sabine Pass & Sea Rim Pump Stations (Serving The Sabine Pass Area) Damaged By Hurricane Ike H. Consideration And Approval Of Payment To Bayou E/ectric, Inc., Orange, TX In The Amount Of $21,196 For An Electrical System For The Lakeshore Drive & Houston Avenue Lift Station Damaged By Hurricane Ike I. Consideration And Approval Of Payment To Pump & Power Equipment, LP, Houston, TXIn The Amount Of $6,411 For A Submersible Pump Damaged By Hurricane Ike For The Water Treatment Plant (Water Purification Division) ]. Consideration And Approval. Of Payment To Sanofi Pasteur, Chicago, IL In The Amount Of $19,021 For Influenza Vaccine For The Health Department K. Consideration And Approval Of Grand Recap (Certified Tax Rolls) From Jefferson County ($13,697,714.95) And Orange County ($1,059,337.87) Tax Assessors Collectors And The Delinquent Tax Roll From Orange County Resolutions -Consent (i) P. R. No. 14811- A Resolution Extending The Performance Period Of Lamar State College Community Development Block Grant Contract From July 17, 2008 To September 1, 2009, Or Until Such Funds Are Exhausted Whichever Comes Sooner, Unless Terminated As Otherwise Provided With The Contract Proposed Resolution No. 14811 was adopted becoming Resolution No. 08-428. (2) P. R. No. 14884 - A Resolution Authorizing The City Manager To Execute Amendment No. 5 With The Southeast Texas Regional Planning Commission (SETRPC) For An Extension Of The Grant Period For The Social Services Block Grant Proposed Resolution No. 14884 was adopted becoming Resolution No. 08-429. (3) P. R. No. 14936 - A Resolution As It Pertains To A Partnership Between The Legal Department's Community Prosecution Program And Port Arthur Weed And Seed To Facilitate The Expansion Of The Fall 2008 G.E.D. Program Proposed Resolution No. 14936 was adopted becoming Resolution No. 08-430. (4) P.R. 14945 - A Resolution Authorizing The 2"d Year Renewal Between The City of Port Arthur And Park Avenue Cleaners Of Port Arthur In Area "A" And Quality Cleaners Of Port Arthur In Area "B" For The Cleaning Of Police Uniforms City Council Minutes Regular Meeting -November 4, 2008 4 For The Estimated Amount of $36,000 Annually, Funds Will Be Allocated From Account #001-1101-521.26-00. Proposed Resolution No. 14945 was adopted becoming Resolution No. 08-431. (5) P. R. No. 14946 . - A Resolution Authorizing The City Manager To Execute Change Orders No's. 1, 2 And 3, Increasing The Scope Of Services For The Contract Between The City Of Port Arthur And Thomas Sheppard, D.B.A. Stonewater, Inc., -For Housing Reconstruction Activities, Account Number 108-2141-626.59-00, Project HE0502 Proposed Resolution No. 14946 was adopted becoming Resolution No. 08-432. (6) P. R. No. 14958 - A Resolution Authorizing The City Of Port Arthur To Support A Comprehensive Selective Traffic Enforcement Grant (S.T.E.P.) In The Amount Of $49,023.73 With A Cash Match By The City Of Port Arthur In The Amount Of $9,516.80 (Account No. 001-1101-521.92-00) Proposed Resolution No. 14958 was adopted becoming Resolution No. 08-433. (7) P. R. No. 14960 - A Resolution Encouraging The City Of Port Arthur's Mock Trial Team In Its Participation In The Southeast Texas Mock Trial Competition Sponsored By The 7efferson County Bar Association Proposed Resolution No. 14960 was adopted becoming Resolution No. 08-434. (8) P. R. No. 14963 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $23,530.15 Made Against Fidelity National Insurance Company As A Result Of The Flood Damage To The YMCA (6760 9"' Avenue) Proposed Resolution No. 14963 was individually held for discussion. (9) P. R. No. 14964 - A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On About 18.0 Acres Of Land Out Of 58.2 Acres Described As Lots 1- 3, 8 Blk 14 Range °L," Lots 4 & 5, Blk 14 Range "K", P.A.L.C.O., Port Arthur Land Company And Rescinding Resolution Number 07-316 Proposed Resolution No. 14964 was individually held for discussion. (10) P: R. No. 14965 - A Resolution Authorizing The City Manager To Execute Any And All Documents As It Pertains To Accepting The GameTime Fighting Obesity Through Play Grant GO-8P2 301-1601-591.89-00 Proposed Resolution No. 14965 was individually held for discussion. (li) P. R. No. 14966 - A Resolution Awarding A Bid To United Roofing Of Bryan, Texas For The Repair Of The Roof At The J. B. Matthews Center For An Amount Not To Exceed $6,420. Project Number IKE76M Account Number 121- 2300-901.32-00 Proposed Resolution No. 14966 was adopted becoming Resolution No. 08-435. City Council Minutes Regular Meeting -November 4, 2008 5 (12) P. R. No. 14967 - A Resolution As It Pertains To The Section 125 Flexible Benefits (Cafeteria) Plan Proposed Resolution No. 14967 was adopted becoming Resolution No. 08-436. (13) P. R. No. 14971 - A Resolution Awarding A Bid To United Roofing Of Bryan, Texas For The Repair Of The Roof At The Department Club For An Amount Not To Exceed $18,200. Project Number IKEDE Account Number 121-2300-901.32- 00 Proposed Resolution No.14971 was individually held for discussion. VII. ITEMS REQUIRING INDIVIDUAL ACTION- NON-CONSENT Resolutions -Consent (8) P. R. No. 14963 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $23,530.15 Made Against Fidelity National Insurance Company As A Result Of The Flood Damage To The YMCA (6760 9"' Avenue) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Henderson that the Proposed Resolution No. 14963 be adopted. The City Manager addressed inquiries related to flood insurance coverage. Proposed Resolution No. 14963 was adopted becoming Resolution No. 08-437. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard, Williamson and Henderson. Voting No: None. The caption of the Resolution No. 08-437 reads as follows: RESOLUTION N0.08-437 A RESOLUTION AUTHORIZING THE CITY MANAGER TO DO ALL ,THINGS NECESSARY TO EXECUTE THE SETTLEMENT OF A CLAIM IN THE AMOUNT OF $23,530.15 MADE AGAINST FIDELITY NATIONAL INSURANCE COMPANY AS A RESULT OF THE FLOOD DAMAGE TO THE YMCA (6760 9T" AVENUE) (9) P. R. No. 14964 - A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On About 18.0 Acres Of Land Out Of 58.2 Acres Described As Lots 1- 3, 8 Blk 14 Range "L,° Lots 4 & 5, Blk 14 Range "K°, P.A.L.C.O., Port Arthur Land Company And Rescinding Resolution Number 07-316 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Henderson that the Proposed Resolution. No. 14964 be adopted. City Council Minutes Regular Meeting -November 4, 2008 6 Community Services Director Lawrence Baker appeared before the City Council to confirm that the recreational park is at the same location and only the ownership has changed. Proposed Resolution No. 14964 was adopted becoming Resolution No. 08-438. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard, Williamson and Henderson. Voting No: None. The caption of the Resolution No. 08-438 reads as follows: RESOLUTION NO. 08-438 A RESOLUTION AUTHORIZING A LICENSE FOR THE CONSTRUCTION OF A RECREATIONAL VEHICLE PARK ON ABOUT 18.0 ACRES OF LAND OUT OF 58.2 ACRES DESCRIBED AS LOTS 1-3, 8 BLK 14 RANGE ~~L,° LOTS 4 & 5, BLK 14 RANGE "K°, P.A.L.C.O., PORT ARTHUR LAND COMPANY AND RESCINDING RESOLUTION NUMBER 07-316 (10) P. R. No. 14965 - A Resolution Authorizing The City Manager To Execute Any And All Documents As It Pertains To Accepting The GameTime Fighting Obesity Through Play Grant GO-8P2 301-1601-591.89-00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Albright that Proposed Resolution No. 14965 be adopted. City Attorney Sokolow stated the following amendment into the record: All purchases made relative to the grant and other park improvement items will be made through the U.S. Communities Purchasing Co-Op. The total expenditure request is being revised from the estimate of $275,000.00 to $281,667.21 to reflect final freight and related costs. Interim Director of Parks and Recreation Albert Thigpen appeared before the City Council to address inquiries related to matching funds. The motion was made by Councilmember Williamson and seconded by Councilmember Albright that Proposed Resolution No. 14965 be adopted as amended by the City Attorney. Proposed Resolution No. 14965 was adopted as amended, becoming Resolution No. 08-439. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard, Williamson and Henderson. Voting No: None. The caption of the Resolution No. 08-439 reads as follows: City Council Minutes Regular Meeting -November 4, 2008 ~ RESOLUTION N0.08-439 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS AS IT PERTAINS TO ACCEPTING THE GAMETIME FIGHTING OBESITY THROUGH PLAY GRANT GO-8P2 301-1601-591.89-00 (13) P. R. No. 14971 - A Resolution Awarding A Bid To United Roofing Of Bryan, Texas For The Repair Of The Roof At The Department Club For An Amount Not To Exceed $18,200. Project Number IKEDE Account Number 121-2300-901.32- 00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Mayor Pro Tem Chatman that the Proposed Resolution No. 14971 be adopted. Interim Director of Parks and Recreation Albert Thigpen appeared. before the City Council to address inquiries related to the Department Club's hurricane damage. Public Works Director and City Engineer Ross Blackketter appeared before the City Council to discuss acquiring roofing bids. Assistant City Manager and Human Resources Director Harvey Robinson appeared before the City Council to comment on the urgency of structural roof repairs. Purchasing Manager Shawna Tubbs appeared before the City Council to report on bidding policies. Mrs. Deanie DeLee, 3800 Blackberry Lane, appeared before the City Council to distribute photographs of the Department Club's hurricane damages. Mrs. DeLee gave a brief history of the Department Club and requested consideration in designating the building as a historical landmark. -Civic Center Director Adam Saunders appeared before City Council to discuss issues related to repair costs and historical significance eligibility criteria. Councilmember Albright left the Council Chamber at 9:23 a.m. Councilmember Segler left the Council Chamber at 9:24 a.m. Proposed Resolution No. 14971 was adopted becoming Resolution No. 08-440. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Beard, Williamson and Henderson. Voting No: None. The caption of the Resolution No. OS-440 reads as follows: RESOLUTION NO. 08-440 A RESOLUTION AWARDING A BID TO UNITED ROOFING OF BRYAN, TEXAS FOR THE REPAIR OF THE ROOF AT THE DEPARTMENT CLUB FOR AN AMOUNT NOT TO EXCEED $18,200. PROJECT NUMBER IKEDE ACCOUNT NUMBER. 121- 2300-901.32-00 City Council Minutes Regular Meeting -November 4, 2008 8 Councilmember Segler returned to the Council Chamber at 9:27 a.m. (8) P. R. No. 14963 -Resolution No. 08-437 A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $23,530.15 Made Against Fidelity National Insurance Company As A Result Of The Flood Damage To The YMCA (6760 9"' Avenue) The Mayor re-introduced the above-mentioned Proposed Resolution and Resolution No. 08-437. The motion was made by Councilmember Williamson and seconded by Councilmember Henderson that the Proposed Resolution No. 14963 /Resolution No. 08-437 be reconsidered. Assistant City Attorney Tizeno stated the following amendment into the record: That the funds can be disbursed to the Y.M.C.A., who have repaired the facility and have paid the premiums, as well as the deductible. The motion was made by Councilmember Williamson and seconded by Councilmember Henderson that the Proposed Resolution No. 14963 /Resolution No. 08-437 be amended as stated by the Assistant City Attorney. Proposed Resolution No. 14963 /Resolution No. 08-437 was adopted as amended by the Assistant City Attorney. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Beard, Williamson and Henderson. Voting No: None. The caption of the Resolution No. 08-437 reads as follows: RESOLUTION NO. OS-437 A RESOLUTION AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EXECUTE THE SETTLEMENT OF A CLAIM IN THE AMOUNT OF $23,530.15 MADE AGAINST FIDELITY NATIONAL INSURANCE COMPANY AS A RESULT OF THE FLOOD DAMAGE TO THE .YMCA (6760 9TH AVENUE) VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (2) P. .R. No. 14959 - A Resolution Authorizing The City Manager To Execute Amendment No. 2 To The Agreement Between The Pleasure Island Commission, Aquila Golf, And The City Of Port Arthur The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Henderson, seconded by Councilmember Williamson and carried unanimously, Proposed Resolution No. 14959 was adopted becoming Resolution No. 08-441. City Council Minutes Regular Meeting -November 4, 2008 9 Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Beard, Williamson and Henderson. Voting No: None. The caption of the Resolution No. 08-441 reads as follows: RESOLUTION NO. 08-441 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE PLEASURE ISLAND COMMISSION, AQUILA GOLF, AND THE CITY OF PORT ARTHUR (3) P. R. No. 14962 - A Resolution As It Pertains To Logan Park The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Mayor Pro Tem Chatman, seconded by Councilmember Beard and carried unanimously, Proposed Resolution No. 14962 was adopted becoming Resolution No. 08-442. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Beard, Williamson and Henderson. Voting No: None. The caption of the Resolution No. 08-442 reads as follows: RESOLUTION NO. 08-442 A RESOLUTION AS IT PERTAINS TO LOGAN PARK Councilmember Williamson left the Council Chamber at 9:35 a.m. B. Ordinances (1) P. O. No. 5944 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2008 And Ending September 30, 2009 As To Fund Additional Staff In The Municipal Court The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem Chatman that the Proposed Ordinance No. 5944 be adopted. Acting City Secretary Terri Hanks addressed inquiries related to Municipal Court staffing. Assistant City Attorney Valecia "Val" Tizeno addressed inquiries related to Juvenile Case Manager funding. Councilmember Beard requested a report on the Municipal Court's citation volume and juvenile cases. Proposed Ordinance No. 5944 was adopted becoming Ordinance No. 08-110. City Council Minutes Regular Meeting -November 4, 2008 10 Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Beard and Henderson. Voting No: None. The caption of the Ordinance No. 08-110 reads as follows: ORDINANCE N0.08-110 pN APPROPRIATION ORDINANCE AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009 AS TO FUND ADDITIONAL STAFF IN THE MUNICIPAL COURT (2) P. O. No. 5946 - An Ordinance As It Pertains To The Greenway Points Estate Subdivision The above-mentioned Proposed Ordinance was held after the F~ecutive Session. (3) P. O. No. 5948 - An Ordinance Designating December 26, 2008 As A Legal Holiday The City Manager introduced the above-mentioned Proposed Ordinance. -Upon the motion by Councilmember Henderson, seconded by Mayor Pro Tem Chatman and carried unanimously, Proposed Ordinance No. 5948 was adopted becoming Ordinance No. 08-111. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Beard and Henderson. Voting No: None. The caption of the Ordinance No. 08-111 reads as follows: ORDINANCE NO. 08-111 AN ORDINANCE DESIGNATING DECEMBER 26, 2008 AS A LEGAL HOLIDAY Councilmember Albright returned to the Council Chamber at 9:36 a.m VII. ITEMS REQUIRING INDMDUAL ACTION -NON-CONSENT C. *Reports And Recommendations (1) Report On Debris Pickup -Report Held (2) Report On Proposed Commercial Standards Planning, Zoning and Grants Director Colleen Russell appeared before the City Council to address the. above-mentioned report. (3) Report On Zoning Regulations Prohibiting Parking On Front Yards Per Section 8-106 Of The Zoning Ordinance 'And Composition Of Driveways Per Section 8-101 Of The Code of Ordinances Councilmember Flood returned.. to the Council Chamber at 10:00 a.m. City Council Minutes 11 Regular Meeting -November 4, 2008 Planning, Zoning and Grants Director Colleen Russell appeared before the City Council to address the above-mentioned report. Community Services Director Lawrence Baker appeared before the City Council to report on the enforcement status. Assistant City Manager and Human Resources Director Harvey Robinson appeared before the City Council to address violation notification. (1) Report On Debris Pickup Assistant City Manager/Operations John Comeaux appeared before the City Council to address the above-mentioned report. (4) August, 2008 Financial Statement Assistant City Manager/Administration and Finance Director Rebecca Underhill appeared before the City Council to address the above-mentioned report. 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 The Value Or Land Adjacent To 9"' Avenue (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Pay Disputes During Hurricanes And Storms (5) Section 551.071 Government Code - To Discuss Potential Litigation As To Sidewalks (6) Section 551.071 Government Code - To Discuss Potential Litigation As To Police Pay Issues (7) Section 551.071 Government Code - To Discuss The Value Of Land At The City Of' Port Arthur Section 4A Economic. Development Corporation Business Park Councilmember Wise joined the Regular Meeting during 6cecutive Session at 11:05 a.m. The City Council recessed their Regular Meeting at 10:36 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their Regular Meeting at 11:47 a.m. with the following members present: Mayor Prince; Mayor Pro Tem Chatman, Councilmembers Segler, Albright, Flood, Beard, Williamson, Wise and Henderson; City Manager Fitzgibbons, Acting City Secretary Hanks and City Attorney Sokolow. City Council Minutes Regular Meeting -November 4, 2008 1Z The City Council recessed. their Regular Meeting at 11:48 a.m. for a luncheon and reconvened their Regular Meeting at 1:30 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Chatman, Councilmembers Segler, Flood, Beard and Henderson; City Manager Fitrgibbons, Acting City Secretary Hanks and City Attorney Sokolow. Councilmember Williamson joined the Executive Session at 1:35 p.m. Councilmember Wise joined the Executive Session at 1:36 p.m. Councilmember Albright joined the Executive Session at 1:37 p.m. 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 The Value Or Land Adjacent To 9w' Avenue (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To -Pay Disputes During Hurricanes And Storms (5) Section 551.071 Government Code - To Discuss Potential Litigation As To Sidewalks (6) Section 551.071 Government Code - To Discuss Potential Litigation As To Police Pay Issues (7) Section 551.071 Government Code - To Discuss The Value Of Land At The City Of Port Arthur Section 4A Economic Development Corporation Business Park The City Council recessed their Regular Meeting. at 1:31 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 5:13 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Chatman, Councilmembers Segler, Albright, Beard, Williamson, Wise and Henderson; City Manager Fitrgibbons, Acting Assistant City Secretary Bellard and City Attorney Sokolow. Councilmember Flood left the Regular Meeting after the Executive Session at 5:12 p.m. Acting City Secretary Hanks left the Regular Meeting during the Executive Session at 4:30 p.m. Acting Assistant City Secretary Sherri Bellard joined the Regular Meeting during the Executive Session at 4:30 p.m. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT B. Ordinances (2) P. O. No. 5946 - An Ordinance As It Pertains To The Greenway Points Estate Subdivision The Mayor introduced the.above-mentioned Proposed Ordinance. City Attorney Mark Sokolow stated the following amendment into the record: City Council Minutes 13 Regular Meeting -November 4, 2008 Exhibit °A" Liens will be released on the homes-when sidewalks are installed. Sidewalks will be ADA compliant. Sidewalks will be installed within the subdivision within the next six (6) months. The motion was made by Councilmember Henderson and seconded by Councilmember Albright that Proposed Ordinance No. 5946 be adopted as amended with Exhibit A as stated by the City Attorney. Proposed Ordinance No. 5946 was adopted becoming Ordinance No. 08-112. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of the Ordinance No. 08-112 reads as follows: RESOLUTION NO. 08-112 AN ORDINANCE AS IT PERTAINS TO THE GREENWAY POINTS ESTATE SUBDIVISION City Attorney Mark Sokolow read the following motion into the record: A motion for the City Attorney to send out Industrial District Agreements substantially in the same form as drafted by the City Attorney on today's date. The motion was made by Councilmember Albright and seconded by Councilmember Henderson that the above-motion made by the City Attorney concerning Industrial Agreements be adopted. Councilmember Beard made the following statement into the record: For the record and those present in the audience and for those who may be listening at home, let me say that a lot of care and consideration was put into this and to understand what we were trying to do, as well as the needs of our industrial partners here. I don't think there is anyone on this Council who is not cognizant of the role that industry plays here; or their significance to us in terms of our City's tax base, its economy and the lives of our people. However, there comes a juncture in time when you have to make decisions about how you are going to go about conducting and doing your business. Whether that leads to greater incentives and greater opportunities; and whether it also creates the necessary tax base to help you meet your projected needs of your City, which are many. As far as I'm concerned, for myself personally, as I said recently I'm second generation refinery worker here and process operator. And I know and understand the business fairly well. However, I am concerned that we need to take actions and develop a working agreement that allows us, that allows industry the flexibility to runs its business, while at the same time, helps us enhance opportunities for Port Arthur businesses and. its people. To make a long story short, I will be voting no on this resolution. Because I could not in all good conscience support it; because it does not have the necessary teeth, nor the necessary language in it that it is going to produce those results. Councilmember Albright and Councilmember Henderson withdrew their motions to adopt the above-mentioned motion concerning Industrial Agreements. City Council Minutes 14 Regular Meeting -November 4, 2008 The motion. was made by Councilmember Williamson and seconded by Councilmember Albright to accept the contract language as submitted by the Port Arthur Police Association. The motion was made by Councilmember Wise to allow the Port Arthur Police Association retain their Maintenance of Standards, as well as generate inclement weather pay; and to collaborate with the City to negotiate an agreement. Assistant City Manager and Human Resources Director Harvey Robinson appeared before the City Council to comment that the Port Arthur Police Association did not request inclement weather pay at the bargaining table. Mr. Robinson stated that he did not recommend that the contract include a Maintenance of Standards clause. The Assistant City Manager confirmed that it is the City Council's direction to include inclement weather pay for the Police Department and the Fire Department. The motion was made by Councilmember Williamson to accept the proposal given to the City by the Police Association. Councilmember Williamson clarified that the proposal include a 6% raise over the first and second years, and changes in the contract language that include the retention of the Maintenance of Standards contract clause. The motion was made by Councilmember Wise to amend Councilmember's Williamson's .motion to include inclement weather pay and the Maintenance of Standards contract clause; and not to include the wage increase percentage. The City Attorney stated that the amendment motions would require formal presentation to the City Council in a proposed ordinance approving the Police Department Collective Bargaining agreement. Councilmember Williamson requested that Port Arthur Police Association President Sergeant Gaspard appear before the City Council. City Attorney recommended that Councilmember Williamson's request be denied. The motion was made by Councilmember Williamson, seconded by Councilmember Wise and carried unanimously that the above-mentioned motions concerning the Port Arthur Police Department contract be tabled. IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetino: (i) 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 The City Council recessed their Regular Meeting at 5:48 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 6:52 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Chatman, Councilmembers Segler, Albright, Beard, Williamson, Wise and Henderson; City Manager Fitrgibbons, Acting Assistant City Secretary Bellard and City Attorney Sokolow. City Attorney Sokolow read the following motion into the record: A motion to send out Industrial District Agreements at 75% and participation in the Task Force. A motion was made by Councilmember Beard, seconded by Councilmember Williamson and carried unanimously that the above-mentioned motion as stated by the City Attorney be adopted. City Council Minutes 15 Regular Meeting -November 4, 2008 Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard, Williamson, Wise and Henderson. Voting No: None. X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Councilmember Beard: Councilmember Beard requested information regarding the Federal Emergency Management Association's (FEMA's) plans to utilize the Business Park as a mobile home facility. The request for information includes: Information on the number of families, alternative sites, and proposed infrastructure improvements. Councilmember Williamson: 1. Councilmember Williamson requested information on FEMA's plans to utilize the Business Park. He expressed an interest in the recovery and housing efforts. Councilmember Williamson requested a staff recommendation regarding viable temporary housing locations. 2. Councilmember Williamson announced that the National Emergency Grants are .available, but the grants have hiring restrictions. He requested contact information to request consideration in having the hiring restrictions be modified. City Manager Fitrgibbons: The City Manager requested that the City Council submit suggestions and recommendations for alternative housing sites. XI. ADJOURNMENT OF MEETING Upon the motion by Councilmember Williamson, seconded by Councilmember Henderson and carried unanimously, the City Council adjourned their meeting at 6:58 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: ACTING CITY SECRETARY TERRI -HANKS END OF REGULAR MEETING HELD NOVEMBER 4, 2008. APPROVED: City Council Minutes Regular Meeting -November 4, 2008 16