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HomeMy WebLinkAboutD. SEPTEMBER 23, 2008 REGULAR MEETING~~ _ .:, I. REGULAR MEETING -September 23, 2008 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 met in Regular Session on Tuesday, September 23, 2008 at 5:40 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Jack Chatman, Jr.; Councilmembers Elizabeth "Liz" Segler, Morris Albright, III, Martin Flood, John Beard, Jr. Dawana K. Wise and Thomas J. "Tom" Henderson; City Manager Steve Fitrgibbons, Acting City Secretary Terri Hanks, City Attorney Mark T. Sokolow and . Sergeant At Arms Police Chief Mark Blanton. Councilmember Robert E. "Bob" Williamson joined the Regular Meeting at 6:14 p.m. II. PROCLAMATIONS & MINUTES Proclamations -None ,: . ~~ . +. Minutes September 15, 2008 Emergency Meeting Upon the motion of Councilmember Albright, seconded by Councilmember Henderson and unanimously carried, the City Council approved the above-mention minutes. Councilmember Beard stated the following into the record: Yes, Mayor. If I will...I did not attend the Special Meeting that was held. And, I want you to make this for the record. Because I was not informed about that meeting, and that is why I was not in attendance. So, I am saying that for the record. Thank you. III. PETITIONS & COMMUNICATIONS A. Sneakers -None B. Presentations -None C. Correspondence -None IV. PUBLIC HEARINGS - None V. UNFINISHED BUSINESS -None VI. CONSENT AGENDA Upon the motion of Councilmember Henderson, seconded by Councilmember Wise and ,i carried unanimously, the following Consent Agenda was adopted: Expense Report Mayor Deloris "Bobbie° Prince Travel during Hurricane Ike 532 miles $ 308.56 Resolutions -Consent (i) P.R. No. 14862 - A Resolution authorizing the execution of an agreement to share operating expenses of Rose Hill between the City of Port Arthur and the Federated Women's Club of Port Arthur for the 2007 - 2008 Fiscal Year, in an amount not to exceed $12,000, Account #140- 1405-551.59-00, M97908 Proposed Resolution No. 14862 was adopted becoming Resolution No. 08-387. (2) P.R. No. 14900 - A Resolution pertaining To Germer Gertz, L.L.P. acting as legal counsel for the City of Port Arthur Section 4A Economic Development Corporation Proposed Resolution No. 14900 was adopted becoming Resolution No. 08-388. (3) P.R. No. 14916 - A Resolution rescinding Resolution No. 07-504 in its entirety and accepting a water utility easement from LRG Legacy Senior Housing of Port Arthur, LP for the construction, installation, laying, and maintenance of water utilities in the City of Port Arthur Proposed Resolution No. 14916 was adopted becoming Resolution No. 08-389. (4) P.R. No. 14925 - A Resolution requesting FEMA to continue to assist the evacuees and eligible citizens with evacuation costs Proposed Resolution No. 14925 was adopted becoming Resolution No. 08-390. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Ordinances (1) P. O. No. 5927 - An Ordinance as it pertains to the suspension of Entergy rates The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Albright, seconded by Councilmember Henderson and unanimously carried, Proposed Ordinance No. 5927 was adopted becoming Ordinance No. OS-96. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise and Henderson. Voting No: None. The caption of Ordinance No. 08-96 reads as follows: ORDINANCE NO. 08-96 AN ORDINANCE AS IT PERTAINS TO THE SUSPENSION OF ENTERGY RATES (2) P. O. No. 5905 - An Ordinance adopting a tax rate for the Tax Year 2008 (Fiscal Year October i, 2008 -September 30, 2009) 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. 5905 was adopted becoming Ordinance No. 08-97. City Council Minutes Regular Meeting -September 23, 2008 Z Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise and Henderson. Voting No: None. The caption of Ordinance No. 08-97 reads as follows: ORDINANCE NO.08-97 AN ORDINANCE ADOPTING A TAX RATE FOR THE TAX YEAR 2008 (FISCAL YEAR OCTOBER 1, 2008 -SEPTEMBER 30, 2009) (3) P.O. No. 5906 - An Ordinance approving the 2008 Tax Roll for the Use and Support of the Municipal Government of the City of Port Arthur; and providing for the interest and sinking fund and apportioning each levy for a specific purpose The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Albright, seconded by Councilmember Henderson and unanimously carried, Proposed Ordinance No. 5906 was adopted becoming Ordinance No. 08-98. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise and Henderson. Voting No: None. The caption of Ordinance No. 08-98 reads as follows: ORDINANCE NO. 08-98 AN ORDINANCE APPROVING THE 2008 TAX ROLL FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PORT ARTHUR; AND PROVIDING FOR THE INTEREST AND SINKING FUND AND APPORTIONING EACH LEVY FOR A SPECIFIC PURPOSE (4) P.O. No. 5930 - An Appropriations Ordinance amending the Budget for the Fiscal Year beginning October i, 2007 and ending September 30, 2008 to fund increased health insurance costs 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. 5930 was adopted becoming Ordinance No. 08-99. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise and Henderson. Voting No: None. The caption of Ordinance No. 08-99 reads as follows: City Council Minutes Regular Meeting -September 23, 2008 3 ORDINANCE NO.08-99 AN APPROPRIATIONS ORDINANCE AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 TO FUND INCREASED HEALTH INSURANCE COSTS (5) P.O. No. 5941- An Ordinance providing for Holiday Pay for the fiscal year 2008/2009 (Requested by Mayor Prince) The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Albright and seconded by Councilmember Henderson that Proposed Ordinance No. 5941 be adopted. Assistant City Manager and Human Resources Director Harvey Robinson appeared before the City Council to address inquiries related to the proposed holiday pay and recommended the establishment of an eligibility date. The motion was made by Councilmember Albright and seconded by Councilmember Beard that Proposed Ordinance No. 5941 include the following amendment: "That all permanent, full-time city employees, hired on October 1, 2008 and still employed in the first pay period in December 2008, will receive $100 in holiday pay on December 19, 2008." Proposed Ordinance No. 5941 was adopted becoming Ordinance 08-100. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise and Henderson. Voting No: None. The caption of Ordinance No. 08-100 reads as follows: ORDINANCE NO. 08-100 AN ORDINANCE PROVIDING FOR HOLIDAY PAY FOR THE FISCAL YEAR 2008/2009 (REQUESTED BY MAYOR PRINCE) (6) P.O. No. 5942 - An Ordinance Amending Sections 18-33, 58-122, 110-94, And 110-97 As It Pertains To Permit Schedule, Turn-On Charge, Location Of Recreational Vehicles, And Adjustment Of Water Bills As A Result Of Hurricane Ike, And Providing An Effective Date . The City Manager introduced the above-mentioned Proposed Ordinance. The City Attorney distributed revisions to Sections 18-33, 58-122, 110-94 and 110-97 pertaining to Proposed Ordinance 5942 as shown in Exhibit "A" of the Meeting Minutes. The motion was made by Councilmember Albright and seconded by Councilmember Henderson that Proposed Ordinance No. 5942 be adopted with the revisions distributed by the City Attorney. Community Services Director Lawrence Baker appeared before the City Council to address issues related to permit scheduling, turn-on charges, recreational vehicle locations and water bill adjustments resulting from Hurricane Ike. City Council Minutes Regular Meeting -September 23, 2008 4 Proposed Ordinance No. 5942 was adopted as revised by the City Attorney, becoming Ordinance No. 08-101. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise and Henderson. Voting No: None. The caption of Ordinance No. 08-101 reads as follows: ORDINANCE NO.OS-101 AN ORDINANCE AMENDING SECTIONS 18-33, 58-122, 110-94, AND 110-97 AS TT PERTAINS TO PERMIT SCHEDULE, TURN-ON CHARGE, LOCATION OF RECREATIONAL VEHICLES, AND ADJUSTMENT OF WATER BILLS AS A RESULT OF HURRICANE IKE, AND PROVIDING AN EFFECTIVE DATE (7) P.O. No. 5943 - An Ordinance As It Pertains To Facilitating Electrical Hookups The City Manager introduced the above-mentioned Proposed Ordinance. The City Attorney distributed Exhibit "A" of Proposed Ordinance No. 5943 as shown in Exhibit "B" of the Meeting Minutes. Upon the motion by Councilmember Henderson, seconded by Mayor Pro Tem Chatman and unanimously carried, Proposed Ordinance No. 5943 was adopted with the inclusion of Exhibit "A", becoming Ordinance No. 08-102. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise and Henderson. Voting No: None. The caption of Ordinance No. 08-102 reads as follows: ORDINANCE NO. 08-102 AN ORDINANCE AS IT PERTAINS TO FACILITATING ELECTRICAL HOOKUPS (8) P.O. No. 5945 - An Ordinance As It Pertains To Car Allowances The City Manager introduced the above-mentioned Proposed Ordinance The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem Chatman that Proposed Ordinance No. 5945 be adopted. Finance Director Rebecca Underhill appeared before the City Council to address inquiries related to the proposed car allowance increase. The motion was made by Councilmember Flood and seconded by Councilmember Beard that Proposed Ordinance No. 5945 be amended to include increasing car allowances by $600.00, The following roll call vote was taken on the motion to amend Proposed Ordinance No. 5945: City Council Minutes Regular Meeting -September 23, 2008 5 Councilmember Albright Councilmember Beard Councilmember Flood Councilmember Henderson Councilmember Segler Councilmember Wise Mayor Pro Tem Chatman Mayor Prince "No" "Yes" "Yes" "No" "No" "Yes" "Yes" "No" The motion to amend Proposed Ordinance No. 5945 failed to carry. The motion was made by Councilmember Henderson and seconded by Councilmember Flood that Proposed Ordinance No. 5945 be amended to include increasing car allowances by $300.00. City Attorney Mark Sokolow read the following amendment into the record: Section 3. That the car allowance for City Council members will be increased $300 per month. This increase is in addition to the 4.5% increase in salaries that the City Council received when the budget was approved, effective October 1, 2008. Voting Yes: Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Wise and Henderson. Voting No: Mayor Prince and Councilmember Beard The caption of Ordinance No. 08-103 reads as follows: ORDINANCE NO. 08-103 AN ORDINANCE AS IT PERTAINS TO CAR ALLOWANCES Councilmember Williamson joined the Regular Meeting at 6:14 p.m. The City Attorney announced the inclusion of the following Emergency Addendum: EMERGENCY ADDENDUM P. R. No. 14918 - A Resolution as it pertains to emergency debris removal caused by Hurricane Ike and the right of entry program The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem Chatman that Proposed Resolution No. 14918 be approved. The City Manager addressed contractual requirements of the Federal Emergency Management Association (FEMA) for debris removal. Police Chief Mark Blanton appeared before the City Council to report on hurricane debris removal by Jefferson County. Finance Director Rebecca Underhill appeared before the City Council to address qualification and emergency health preclearance criteria. Mrs. Underhill commented on private property right-of-entry program requirements. DRC Representative David Haley, appeared before the City Council to comment on right-of-entry program provisions. Mr. Haley addressed requirements and qualifications for equipment operators. He discussed work force and local hiring efforts. City Council Minutes Regular Meeting -September 23, 2008 6 Councilmember Beard stated into the record that "Port Arthur is considered local". He requested staff coordinate with the proposed contractor to ensure that local employment opportunities are made available to Port Arthur citizens. Public Works Director John Comeaux appeared before the City Council to discuss on landfill hurricane damage and the working relationship with the proposed contractor. Proposed Resolution No. 14918 was adopted becoming Resolution No. 08-391: Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. RESOLUTION NO. 08-391 A RESOLUTION AS IT PERTAINS TO EMERGENCY DEBRIS REMOVAL CAUSED BY HURRICANE IKE AND THE RIGHT OF ENTRY PROGRAM VIII. REPORTS OF BOARDS & COMMITTEES (i) Report as to Hurricane Ike (2) Report on damages to city infrastructure and the prospective timetable to restore the infrastructure and provide full services (3) Report on FEMA and insurance reimbursements for damages caused by Hurricane Ike The above-mentioned reports were combined for discussion. City Manager Fitzgibbons began Hurricane Ike discussion by addressing expenses and potential FEMA reimbursements. The City Manager reported on debris removal and debris removal monitoring. He addressed food and lodging provisions for essential personnel. City Manager Fitzgibbons stated that Sabine Pass, Pleasure Island and the City's Landfill received the heaviest damages caused by flooding. Assistant City Manager and Human Resources Director Harvey Robinson appeared before the City Council to address inquiries related to personnel policies for inclement weather pay. Mr. Robinson recommended continuing discussions regarding employee accommodations during a special meeting. Police Chief Mark Blanton appeared before. the City Council to comment on lodging accommodations during Hurricane Ike. Chief Blanton reported that the Holiday Inn was used as the Command Center for emergency personnel during Hurricane Ike. The Police Chief presented a crime report to the City Council. Councilmember Beard requested that the names of agencies and organizations that assisted the City of Port Arthur during Hurricane Ike be obtained for future recognition. IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: Section 551.087 Government Code - To discuss incentives for commercial, residential, and industrial business prospects Section 551.072 Government Code - To discuss the value of land in the City's ET) City Council Minutes Regular Meeting -September 23, 2008 7 Section 551.072 Government Code - To discuss the value of land at 648 4"' Street. The City Council recessed their meeting at 7:53 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 8:57 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Williamson and Henderson; City Manager Fitzgibbons; Acting City Secretary Hanks, City Attorney Sokolow and Sergeant At Arms Police Chief Mark Blanton. Councilmember Wise left the City Council Meeting after the Executive Session. Upon the motion of Mayor Pro Tem Chatman and seconded by Councilmember Williamson, and carried over the dissenting vote of Mayor Prince, that the land at 648 Fourth Street be advertised for bids. X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Councilmember Williamson: 1. Requested scheduling a departmental debriefing meeting within thirty days to discuss employee achievements during Hurricane Ike. 2. Requested consideration in preparing a resolution concerning the Housing Assistance Program requesting that governmental agencies continue housing assistance programs. 3. Requested that public announcements are made urging citizens to expedite cleaning hurricane debris from their property. Councilmember Henderson: Requested that the Federal Emergency Management Association purchase the City of Port Arthur a large generator. Councilmember Beard: 1. Requested that an Emergency Management meeting be held in conjunction with the debriefing meeting requested by Councilmember Williamson. 2. Requested a report on effective tax rates. 3. Report on employment utilization needs. 4. Requested revisiting City Council action regarding the repairs to Park Plaza Drive. 5. Requested a resolution designating the rotation of the prayer and the pledge for the opening of City Council meetings. Mavor Pro Tem Chatman 1. Requested a report on the current balance of the Council's Contingency Fund. 2. Report on the legality of utilizing mobile homes and trailers in Sabine Pass during the rebuilding process. The City Attorney announced that there will be a Special Meeting on October 14, 2008 at 5:30 p.m. to discuss "In-Lieu of Tax Abatements". XI. ADJOURNMENT OF MEETING Upon the motion by Mayor Pro Tem Chatman, seconded by Councilmember Segler and carried unanimously, the City Council adjourned their meeting at 9:16 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 City Council Minutes Regular Meeting -September 23, 2008 g ATTEST: ACTING CITY SECRETARY TERRI HANKS END OF REGULAR MEETING HELD September 23, 2008. APPROVED: City Council Minutes Regular Meeting -September 23, 2008 ~ ~ f F~chibit "A" P. O. No. 5942 09/23/08 is updated ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS-'18-33, 58- 122, 110-94, AND 110-97 AS IT PERTAINS TO PERMIT SCHSDIILE, TIIRN-ON CHARGE, LOCATION OF RECREATIONAL VEHICLES AND ADJIISTMENT OF WATER BILLS PiS A RESDLT OF HIIRRICANS IRE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City's homes and businesses incurred. severe damage during Hurricane Ike; and WHEREAS, there is a need to amend Sections 18-33, 58-122, 110-94, and 110-97 as it pertains to permit schedule, turn-on charge, location of recreational vehicles, and adjustment of water bills as a result of Hurricane Ike, and providing an effective date. NOW THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF PORT ARTHIIR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That Subsection (b)(1) of Section 18-33 is hereby amended to state the following: "(1) Until September 23, 2009, there will be no building permit fees to be charged as it pertains to homes damages by Hurricane Ike." Section 3. That Section 58-122. of the Code of Ordinances is hereby amended as follows: "Sec. 58-122. Location of Recreational Vehicles No recreational vehicle used as a dwelling shall be parked or laced on any tract of land or adjacent private land within the city limits, which is not properly zoned for such use; except, however, that this section: z.po5942_updated_clean version (1) Shall-not apply to residences that were damaged by Hurricane Ike; (a) Fora period not to exceed 90 days, the parking, use and occupancy of .recreational vehicles on residential property as temporary living quarters while repairs- to these properties caused by Hurricane Ike are ongoing. (b) That it is hereby permitted that the building official of the city issue a permit to allow the occupancy of a recreational vehicle for a period of ,six months, beyond the 90-day period, on a residential property as temporary living quarters by property owners while damage to these properties caused by Hurricane Ike is being repaired, provided that; 1) Application to the building official for a six month extension permit shall be made no later than 90 days from the effective date of this section. 2) Application must be-made with all necessary documentation to establish one of the following: ~ (i) Substantial work is currently being done under an active building permit • issued by the City (ii) Active litigation is underway with the property owner's insurance carrier (iii) Application for disaster recovery funds has been made to the City of Port Arthur, Southeast Texas Regional Planning Commission, or the Texas Department of Housing and Community Affairs and is approved or pending .approval (2) Shall not apply to an occupied residence or residences that have been damaged by fire, flood, or other natural disaster; (a) Upon approval of the City Council (b) For a period not to exceed 180 days, the parking, use and occupancy of recreational vehicles on residential property as temporary living quarters while repairs to these properties are ongoing:" Section 4. That Section 110-94 is herein amended as follows:' z.po5942_updated clean. version "Sec. 110-94. Turn-On Charge. No water service will be turned on again until all charges are paid in full or other acceptable payment arrangement made, and shall include, but .not be limited to, all charges noticed in Sections 110-63, 110-70(a), (b), and (c) and 110-95. When payment is made after 3:00 p.m. and service is restored the. same day, the turn-on charge shall be set at $35. When payment is made before 3:00 p.m. and service is restored the same day, the turn-on charge shall be set at $25.° In order to assist those citizens that have been relocated to Port Arthur as a result of Hurricane Ike, the City waives the initial turn-on fee on the condition that the person applying for the service can show proper identification showing residence in one of-the affected. areas. In an effort to assist the non-profit organizations providing volunteer workers in the repairing/rebuilding homes affected by damages from Hurricane Ike, the City waives the turn-on charge on the condition that the non- profit organization provide property identification of status. The.turn-on charge waiver is for a period not to exceed one year from September 23,.2008." Section 5. That Section 110-97 is herein amended as follows: "Section 110-97. Adjustment of water bills as a result of Hurricane Ike. The City Manager or his designee can adjust water bills up to $1,000 for. leaks caused by Hurricane Ike beginning September 23, 2008 to December .l, 2008. Any adjustment in excess of $1,000 shall be forwarded to the City Council for approval." Section 6. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. Section 7. That this being an Ordinance amending an Ordinance which does not carry a penalty, and does not require publication, it shall take effect immediately from and after its passage. READ, ADOPTED AND APPROVED on this day of z.po9942_updated_clean version A.D., 2008, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: City Council NOES: MAYOR ATTfiST: ACTING CITY SECRETARY APPROVED AS TO FORM: / 'T^N ~ G~ V '^~ CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.po5942_updated_ciean version Exhibit "B" ERHIBIT "A" TO P. O. NO. 5943 A} In cases of extensive damage, homeowners will have to secure a licensed-electrician to facilitate the repairs. B) All commercial properties will need. licensed electricians to repair their electrical systems. Once the City receives information from electricians .that are experienced, reliable and licensed to do business in the City of Port Arthur that the electrical service has been repaired, the City staff has the discretion to contact Entergy as to connect the electrical service without inspection by city staff C) Subsection 18-163 (c) is herein amended to add another subsection "6" as follows: "(6) Until September 23, 2009, the inspection fees for the repairs to commercial properties damaged by Hurricane Ike will be waived up to $1000 per structure." z.po 5943_ezhibit a