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HomeMy WebLinkAboutA. MAY 20, 2008 - REGULAR MEETINGREGULAR MEETING -May 20, 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, May 20, -2008 at 8:39 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Councilmember's Jack Chatman, Jr., Cal Jones, Thomas J. "Tom" Henderson, .Bob Williamson and Willie "Bae" Lewis; City Manager Steve Fitzgibbons, Acting Assistant City Secretary Sherri Bellard, City Attorney Mark T. Sokolow and Sergeant At Arms Police Chief Mark Blanton. Councilmember John Beard, Jr. arrived at the meeting at 8:40 a.m. Councilmember Flood arrived at the meeting at 9:05 a.m. Mayor Pro Tem Sinegal arrived at the meeting at 11:00 a.m. II. ITEMS REQUIRING INDIVIDUAL ACTION A. Ordinance P. O. No. 5876 - An Ordinance Canvassing The Returns And Declaring The Results Of A General Election Held May 10, 2008 For The Purpose Of Electing Councilmembers For Districts i, 2, 3, And 4, As Well As For Positions. 7 And 8 And Ordering ARun-Off For June 21, 2008, Providing For The Publication Of The Election Order, And Delineating Early Voting Clerks, Election Day Judges, Alternate judges, And Clerks The Mayor introduced the above-mentioned Proposed Ordinance. The motion by Councilmember Williamson and seconded by Councilmember Henderson that item No. 5876 be adopted. Councilmember Lewis requested that the above-mentioned item be held until the end. of the meeting. ' Councilmember Williamson called for the question. The City Attorney stated that according to an Attorney General opinion obtained by his office the Executive Session item posted on May 16, 2008 by Councilmember Lewis For inclusion in the meeting agenda was not valid because it was not scanned on the Internet with the rest of the agenda. Councilmember Beard requested the following question and response be made a part of the official minutes: Councilmember Beard: I would like to ask the Attorney once again to clarify. By virtue of statues this is a contested election. In virtue of the fact there has to be some investigation or some determination made by the courts with regard to the total number of votes and ballots cast that affect that race. No other race, so let us not- be deceived it is not about Position 7 it is about Position 2. How can we canvass as being official when it is already out there that there are votes that were not counted and ballots that were potentially not processed properly to be counted? City Attorney Sokolow: The reason why. is he has thirty days from the canvassing to file an election contest. Right now it is presumed that your election officers did the right thing. Now, assuming just for argument sake that there may have been a mistake the remedy for that is an election contest. The way the law is written, and we have talked with the Secretary of State's Office, is that you are supposed to canvass. But Councilman Jones can file an election contest and in that election contest the Judge can review everything that the .Early Voting Ballot Board did and can decide. If it turns out that the Judge says, you know what there a mistake was-you can have various results. You can have one result where the Judge says, there was no mistake at all. You can have the Judge say, there was a mistake. Those ballots should not have been rejected and he opens up the ballots. And he does not have fourteen or fifteen votes for him and Mrs. Segler wins. So the problem is that, that's an issue for the District. Court Judge. And Councilmember Jones I know that, and I am not trying to put words in his mouth, his remedy is to do an election contest. Ih terms of canvassing, the Council has a mandatory duty to canvass this race and if we do not do it we can have a writ of mandamus filed against us to do it. So by law, you have that ministerial duty. to canvass based on the tabulation you got, But, at the same time he can go ahead and -file an election contest. And it is hurried extremely quickly down at the court house. It is like they have to file an answer within ten days. and then the Judge sets up the hearing within like five days after. So all of this is going to take place relatively quickly down at the court house and we will know. Well, since he has filed a petition for recount he gets to stay in pending that. And after the canvass it depends on whether the results change, if the results change in his favor well then he gets to stay. I mean, if it shows that he actually won. If the recount shows that Mrs. Segler still won by those tabulated numbers she gets to come on. But, he can file- the proper. remedy in the law and in these circumstances is an election contest. And that is something Councilmember Jones would need to file if he so chooses. The motion was made by Councilmember Lewis and seconded by Councilmember Jones that Proposed Ordinance No. 5876 be held until the end of the meeting. The following roll call vote was taken on the motion to hold Proposed Ordinance No. 5876 until the end of the meeting: Councilmember Beard "Yes" Councilmember Chatman "Yes" Councilmember Flood "Yes" Councilmember Henderson . "No" Councilmember ]ones "Yes" Councilmember Lewis "Yes" Councilmember Williamson "No" Mayor Prince "No" II. PROCLAMATIONS & MINUTES Proclamations -None. Minutes -None Regular Meeting -May 20, 2008 2 III. PETITIONS & COMMUNICATIONS A. Speakers (1) Donny Delatte Regarding RV Park On Broadway -Not. Present (2) Albert Moses And Charlotte Moses Of L.A.W. Academy Regarding Drug Testing Pastors Albert and Charlotte Moses, 217 Live Oak Lane, CEO's of L.A.W. Academy appeared before the City Council to discuss the above-mentioned topic. A copy of the L.A.W. Academy proposal regarding the above-mentioned topic is attached as Exhibit "A". B. Presentations (1) Presentation By Mitch Osborne Regarding Veolia Mr. Mitch Osborne, Highway 73 3.5 Miles West of Taylor's Bayou, Veolia Plant Manager appeared before the City Council to discuss the above-mentioned topic. (2) Presentation By Sheerah First LLC Group Regarding Retail, Commercial And Community Development Project -Not Present (3) Presentation By Ware & Associates Regarding MWBE And SBE Programs Mrs. Wyntress Booker Ware, President of Ware & Associates in Forth Worth, Texas appeared before the City Council to give the above-mentioned presentation. A copy of the above-mentioned presentation is attached as Exhibit "B". (4) Presentation By Dr. Albert Thigpen Regarding Adjustment To Park Plan Human Resources Assistant Director and Interim Parks and Recreation Director Albert Thigpen appeared before the City Council to give the above-mentioned presentation. C. Corresoondence A Letter from Patrick Bernier addressed to the City Council Acting Assistant City Secretary Bellard read the following correspondence into the record: May 16, 2008 Councilman Willie Lewis City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641-1089 Regarding: 848 Houston Avenue Mr: Lewis, Regular Meeting -May 20, 2008 3 <. Please take this letter as a declaration of Top Corp intention to purchase the properly at 848 Houston Avenue, Port Arthur, Texas 77643. Top Corp intends on establishing a secure office and storage. facility in the city of Port. Arthur for the pursuit of construction in both local refineries and also for federal government contracts nation wide. It is our intention to seek out skilled and unskilled employees from the local area, establish ties to local suppliers and use local contractors and sub-contractors as required. I look forward to doing work in Port Arthur and thank you for your cooperation ahd assistance in this matter. /s/ Patrick Bernier Division Manager Top Corp Services Sulphur, Louisiana VIII. PUBLIC HEARINGS - 9:00 AM -None IX. UNFINISHED BUSINESS A. Resolutions (1) P. R. No. 14676 - A Resolution As It Pertains To Authorizing An Incentive Agreement With Ally Investments, LLC And NeoFuel USA, LLC (Requested By Councilmember Beard And Councilmember Chatman) The Mayor introduced the above-mentioned Proposed. Resolution. The motion was made by Councilmember Chatman and seconded by Councilmember Beard that Proposed Resolution No. 14676 be adopted. The motion was made by Councilmember Williamson and seconded that by Councilmember Chatman.that Proposed Resolution No. 14676 be tabled. Voting Yes: Mayor Prince; Councilmember's Chatman, Jones, Henderson, Flood, Beard, Williamson and Lewis Voting. No: None. (2) P. R. No. 14699 - A Resolution In Support Of The Proposed Project Of NeoFuel USA, LLC And Ally Investments, LLC In The Recycling And- Alternative Fuels Industry (Requested By Councilmember Beard) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Chatman that Proposed Resolution No. 14669 be adopted. Proposed Resolution No. 14699 was adopted becoming Resolution No. 08-202. Voting Yes: Mayor Prince; Councilmember's Chatman, Jones, Henderson, Flood; Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-202 reads as follows: RESOLUTION NO. 08-202 A RESOLUTION IN SUPPORT .OF THE PROPOSED-PROJECT OF NEOFUEL USA, LLC Regular Meeting -May 20, 2008 q AND -ALLY INVESTMENTS, LLC IN THE RECYCLING AND ALTERNATIVE FUELS INDUSTRY (REQUESTED BY COUNCILMEMBER BEARD) B. Ordinance P. O. No. 5874 - An Ordinance Authorizing The Purchase Price And Sale Of Approximately 18 Acres Of Land In The Vicinity Of Lake Arthur Drive The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Williamson, seconded by Councilmember Beard and carried, Proposed Ordinance No. 5874 was tabled. Voting Yes: Mayor Prince; Councilmember's Chatman, Jones, Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. X. CONSENT AGENDA Upon the motion of Councilmember Williamson, seconded by Councilmember Flood and carried, the following Consent Agenda items were adopted with the exception of Items F: and. Proposed Resolution No. 14723: A. Consideration And Approval Of The Purchase Of Eight (8) Tasers From G. T. Distributors, Austin, TX In The Amount Of $6,529.60 For The Police Department B. Consideration And Approval Of Awarding A Bid. To Hanson Pipe & Precast Houston, TX For. The Purchase Of Drainage Materials (Concrete .Pipe & Boxes) For The Public Works Department C. Consideration And Approval Of Awarding A Bid To Rura/ Pipe &Supp/y, Jasper, TXAnd Coburn's Supp/y, Beaumont TX For Water Meter Boxes & Vaults For The Utility Operations Department D. Consideration And Approval Of Awarding A Bid To Rura/ Pipe & Supp/y, Jasper, TX And Aqua-Metric Sa/es Company, Riverside, CA For Water Meters And Meter Reading Equipment For The Utility Operations Department E. Consideration And Approval Of Payment To Sandifer's LP Gas Company, Port Arthur, TX In The Amount Of $7,783.47 For Propane Gas At The Transit Department G. Consideration And Approval Of Awarding A Bid. To Coburn Suppiy, Beaumon>y Tx And 1&S Va/ve, Huffman, TX For Water Valves For The Utility Operations Department H. Consideration And- Approval Of Awarding A Bid To Rura/ Pipe &Supp/y, Jasper, TX And ACT Pipe &Supp/y, Beaumont 1710 For Repair Clamps For The Utility Operations Department. I. Consideration And Approval Of Awarding A Quote To HGAC (Through Hi-Way Equipment Co., Houston, i71C) In The Regular Meeting -May Z0, 2008 5 Amount Of $226,769.82 For The Purchase Of One XL4200- III Gradall Track Excavator For The Drainage Department J. Consideration And Approval Of Awarding A Bid To T.R.E.S., Neder/and, TX In The Amount Of $7,520 For Repairs To The Main Wastewater Treatment Plant Stormwater Clarifier Skimmer, Scum-Box & Baffle K. Consideration And Approval Of Payment To DynaSource, Inc., Beaumont )71C In The Amount Of $10,590 For Annual Maintenance On The City's LaserFiche Software For The Period August. 1, 2008 Through 7uly 31, 2009 L. Expense Reports: Mayor Deloris Prince: Attended TML Conference, Austin, TX May i-2, 2008 $ 356.48 City Manager Steve Fitzgibbons: Attended TML Conference, Austin, TX May 1-2, 2008 $ 222.52 City Attorney Mark T. Sokolow: Attended Fred Pryor Seminar, Beaumont, TX April 24, 2008 $ 311.61 Resolutions -Consent (1) P. R. No. 14717 - A Resolution Awarding A Contract To SKR Construction In The Amount Of $18,500.00, And Authorizing The Execution Of The Contract To Replace Animal Cages In The Animal Control Building; To Be Charged To Account No. 001-1401-551.32-00 Proposed Resolution No. 14717 was adopted becoming Resolution No. 08-203 (2) P. R. No. 14719 - A Resolution Authorizing The Mayor To Execute A Bond Counsel Contract With Vinson And Elkins, Attorneys At Law Proposed Resolution No. 14719 was adopted becoming Resolution No. 08-204. (3) P. R. No. 14721 - A Resolution Authorizing The City Manager To Negotiate A Contract With The Trevino Group For A Design Build Project For The New Fire Station Located At 4448 9th Avenue Proposed Resolution No. 14721 was adopted becoming. Resolution No. 08-205. (5) P. R. No. 14724 - A Resolution Approving The Drainage Bond Projects, With Funding Available From The Drainage Bond Issue In The Amount Of $2,000,000 Proposed Resolution No. 14724 was adopted becoming Resolution No. 08-206. (6) P. R. No. 14725 - A Resolution To Amend The FY 2007-08 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Card Participation Proposed Resolution No. 14725 was adopted becoming Resolution No. 08-207. Regular Meeting -May 20, 2008 6 (7) P. R. No. 14726 - A Resolution Authorizing The City Of Port Arthur To Accept Additional Grant Funds From The Texas Department Of State Health Services Discretionary Funding Project In The Amount Of $607,031 And To Serve As The Fiscal Agent For Public Health Region 6/5 South And Authorizing The City Manager To Execute An Amendment To The Contract Proposed Resolution No. 14726 was adopted becoming Resolution No. 08-208. (8) P. R. No. 14727 - A Resolution Authorizing The City Of Port Arthur To Submit A Proposal. To The Centers For Disease Control And Prevention For A Chronic Disease Prevention Grant In An Amount Not To Exceed $240,000 Proposed Resolution No. 14727 was adopted becoming Resolution No. 08-209. (9) P. R. No. 14730 - A Resolution Providing For A Public Hearing By The City Council To Consider The Proposed Widening, Construction, And Maintenance Of W. Rev. Dr. Ransom Howard Street Upon And Across Lincoln Park. Proposed Resolution No. 14730 was adopted becoming Resolution No. 08-210. (10) P. R. No. 14732 - A Resolution Authorizing The City Manager To Execute A Partial Assignment As To An Oil & Gas Lease As It Pertains To 7.55 Net Mineral Acres, More Or Less, And Being A Part Of Lot 14, Block 25, Port Acres Subdivision Proposed Resolution No. 14732 was adopted becoming Resolution No. 08-211. (11) P. R. No. 14734 - A Resolution As it Pertains To Entering Into A Rental, License, And Services Agreement With Premier Election Solutions For The June 21, 2008 Runoff Election Polling Locations Proposed Resolution No. 14734 was adopted becoming Resolution No. 08-212. VII. ITEMS REQUIRING INDIVIDUAL ACTION. Consent Item F. Consideration And Approval Of Awarding A Quote To Houston Freightliner, Houston, TX in The Estimated Amount Of $107,862.22 For Accident Repairs To A 2005 Orion SLF Transit Bus (Equipment #1577) The Mayor introduced the above-mentioned item. Councilmember Lewis left the meeting. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Item F. be approved. Item F. was approved. Voting Yes: Mayor Prince; Councilmember's Chatman, Jones, Henderson, Flood, Beard and Williamson. Voting No: None. Regular Meeting -May 20, 2008 7 Councilmember Williamson Deft the meeting. (4) P. R. No. 14723 - A Resolution Approving The Streets Bond Projects, With Funding Available From The Streets Bond Issue In The Amount Of $3,000,000 The Mayor introduced the above-mentioned Proposed Resolution. Councilmember Lewis returned to the meeting. The motion was made by Councilmember Henderson and seconded by Councilmember Jones that Proposed Resolution No. 14723 be adopted. Assistant Public Works Director and City Engineer Ross Blackketter appeared. before the City Council to address inquiries regarding the above-mentioned topic. Proposed Resolution No. 14723 was adopted becoming Resolution No. 08-213. Voting Yes: Mayor Prince; Councilmember's Chatman, Jones, Henderson, Flood, Beard and Lewis. Voting No: None. The caption of Resolution No. 08-213 reads as follows: RESOLUTION N0.08-213 A RESOLUTION APPROVING THE STREETS BOND PROJECTS, WITH FUNDING AVAILABLE FROM THE STREETS BOND ISSUE IN THE AMOUNT OF $3,000,000 Councilmember Beard requested that Proposed Resolution No. 14721 adopted by the Consent Agenda as Resolution No. 08-205 be revisited to address inquiries only. (3) P. R. No. 14721 - A Resolution Authorizing The City Manager To Negotiate A Contract With The Trevino Group For A Design Build Project For The New Fire Station Located At 4448 9th Avenue Fire Chief Larry Richards appeared before the City Council to answer'inquiries set forth by Councilmember Beard. A. Resolutions (i) P. R. No. 14718 - A Resolution Authorizing The Port Arthur Section 4A Economic Development Corporation Chief Executive Officer To Execute A Financial Advisory Agreement With First Southwest Company The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember Beard and carried, Proposed Resolution No. 14718 was adopted becoming Resolution No. 08- 214. Voting Yes: Mayor Prince; Councilmember's Chatman, ]ones, Henderson, Flood, Beard and Lewis. Voting No: None. The caption of Resolution No. 08-214 reads as follows: Regular Meetlng -May 20, 2008 g RESOLUTION NO. 08-214 A Resolution Authorizing The Port Arthur Section 4A Economic Development Corporation Chief Executive OfFcer To Execute A Financial Advisory Agreement With First Southwest Company (2) P. R. No. 14720 - A Resolution Authorizing The Port Arthur Section 4A Economic Development Corporation To Execute An Engagement Letter With Vinson & Elkins, L.L.P. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Beard, seconded by Councilmember Chatman and carried, Proposed Resolution No. 14720 was. adopted becoming Resolution No. 08-215. Voting Yes: Mayor Prince; Councilmember's Chatman, Jones,. Henderson, Flood, Beard and Lewis. Voting No: None. The caption of Resolution No. 08-215 reads as follows: RESOLUTION N0. 08-215 A RESOLUTION AUTHORIZING THE. PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO EXECUTE AN ENGAGEMENT LETTER WITH VINSON & ELKINS, L.L.P. (3) P. R. No. 14729 - A Resolution As It Pertains To TEPPCO And Its Abatement Agreement The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Chatman and seconded by Councilmember ]ones that Proposed Resolution No. 14729 be adopted. Councilmember Chatman and Jones removed their motion to adopt Proposed Resolution No. 14729. Proposed Resolution No. 14729 was held:until after 6cecutive Session. Councilmember Williamson returned to the meeting. (4) P. R. No. 14731 - A Resolution Appointing Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation Board Of Directors (Requested By Mayor Pro 7em Sinegal) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Lewis and seconded by Councilmember Jones that Proposed Resolution No: -14731 be held until the end of the meeting. Voting Yes: Councilmember's Chatman, Jones, Henderson, Flood, Beard and Lewis. Voting No: Mayor Prince and Councilmember Williamson. Regular Meeting -May 20, 2008 9 (5) P. R. No. 14735 - A Resolution Appointing Or Reappointing A Member Or Members To The Planning And Zoning Commission The Mayor introduced the above-mentioned Proposed Resolution. The motion was made. by Councilmember Chatman and seconded by Councilmember Henderson that Proposed Resolution No. 14735. Mayor Prince read into the record the names of Norris Simon, Jr. and Alma LeBlanc as her appointments to the Planning and Zoning Commission. Proposed Resolution No. 14735 was adopted with the above-mentioned names inserted becoming Resolution No. OS-216. Voting Yes: Mayor Prince; Councilmember's Chatman, Jones, Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-216 reads as follows: RESOLUTION NO. 08-216 A RESOLUTION APPOINTING OR REAPPOINTING A MEMBER OR MEMBERS TO THE PLANNING AND ZONING COMMISSION B. Ordinances (1) P. O. No. 5883 - An Ordinance Granting An Excavation Permit Issued Pursuant To Section 94-452 (5) Of Article VII (Excavations) Of The Code Of Ordinances Of The City Of Port Arthur To Kirk Thomas Located On The East Side Of West Port Arthur Road, North Of Hwy. 365 The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Beard .and seconded by Councilmember Williamson that Proposed Ordinance No, 5883 be adopted. Planning/Grants Director Dale Watson appeared before the City Council to request a typo correction on the first page changing the above-mentioned location from the Westside of Highway 365 to the Eastside of Highway 365. Proposed Ordinance No. 5883 was adopted with the correction becoming Ordinance No. 08-52. Voting Yes: Mayor Prince; Councilmember's Chatman, Jones, Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Ordinance. No. 08-52 reads as follows: ORDINANCE NO. 08-52 AN ORDINANCE GRANTING AN EXCAVATION PERMIT ISSUED PURSUANT TO SECTION 94- 452 (5) OF ARTICLE VII (EXCAVATIONS) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR TO KIRK THOMAS LOCATED ON Regular Meeting -May 20, 2008 10 THE EAST SIDE OF WEST PORT ARTHUR ROAD, NORTH OF HWY.-365 (2) P. O. No. 5888 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2007 And Ending September 30, 2008 To Fund An Erosion Control Project On Pleasure Island The City Manager introduced the above-mentioned Proposed Ordinance. Mayor Pro Tem Sinegal arrived at the Council Meeting. The motion was made. by Councilmember Williamson and seconded by Councilmember Beard that Proposed Ordinance No. 5888 be adopted. Proposed Ordinance No. 5888 was adopted becoming Ordinance No. 08-53. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal Councilmember's Chatman, Jones, Henderson, Beard, Williamson and Lewis. Voting No: Councilmember Flood. The caption. of Ordinance No. 08-53 reads as follows: ORDINANCE NO. 08-53 AN APPROPRIATION ORDINANCE AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 TO FUND AN EROSION CONTROL PROJECT ON PLEASURE ISLAND C. *Reports And Recommendations (1) March, 2008 Financial Report Finance Director Rebecca Underhill presented the above-mentioned report. (2) Report On Mail-Out Applications And Procedures For Processing Mail-Out Ballots By Carolyn Guidry (Requested By Councilmember Lewis) Jefferson County Clerk Carolyn Guidry was not present. Councilmember Lewis presented the above-mentioned report. Acting Assistant City Secretary Bellard read the following correspondence from Acting City Secretary Terri Hanks into the record: May 2Q 2008 Honorable Mayor, City Councilmembers and the Citizens of Port Arthur: Let it be known that I am not in attendance today because of any fear of intimidation. In regards to incompetence allegations that have been made about me personally, please know that the accusations are not valid and that you must consider the source of the allegations. In regards to my duties of Regular Meeting -May 20, 2008 11 conducting the May 10, 2008 election, I maintain that I guarded the purity of the election and followed the laws bound by the Texas Election Code. My absence is solely based upon health reasons. Please be informed that I have been diagnosed with breast cancer and recent surgery has left me unable to attend today's meeting. Therefore, I would like to extend a gracious welcome to the newly elected Councilmembers and hope that their leadership roles will empower them to fairly and justly serve their constituents who have duly elected them into office. I would like to publicly acknowledge the dedication of the City Secretary staff, Sherri Bellard, Kelly Delcambre, Saundra Oliver, and Margaret Grant for their team work in performing the various duties and responsibilities of conducting a successful municipal election. A job well done, thank you, ladies! In addition, I would like to honor all the ladies and gentlemen who served as Election Officials for the May 10, 2008 election. Please accept my personal gratitude to each and every one of you for keeping the democratic process alive in America. With my kindest regards and my sincerest gratitude, Terri Hanks, Texas Registered Municipal Clerk And Acting City Secretary for the City of Port Arthur Councilmember Williamson made the following statement for the record: Just for the record, what the public has heard so far from Councilmember Lewis, in the news media, and from this podium in my judgment is a skewed and mischaracterized version of events. I am certain that at length the truth will come out and I ask the publics indulgence to wait for it. C. *Reoorts And Recommendations -None The City Council recessed their meeting at 11:20 a.m. and reconvened their meeting at 1:30 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Jones, Henderson, Flood, Beard and Lewis; City Manager Fitrgibbons; Acting Assistant City Secretary Bellard; City Attorney Sokolow and Sergeant At Arms Chief Blanton. XIII. *CLOSED MEETING (EXECUTIVE SESSION) 1:36 P.M Closed Meeting: Regular Meeting -May 20, 2008 12 (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To TEPPCO (2) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To Entergy (3) Section 551.087 Government Code - To Discuss Incentives As To Industrial, Residential, Business And Commercial Prospects Councilmember Williamson returned during Executive Session. The City Council recessed their meeting at 1:36 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 2:55 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Jones, Henderson, Flood, Beard, Williamson and Lewis; City Manager Fitzgibbons; Acting Assistant City Secretary Bellard; City Attorney Sokolow and Sergeant At Arms Chief Blanton. VII. ITEMS REQUIRING INDNDUAL ACTION A. Resolutions (3) P. R. No. 14729 - A Resolution As It Pertains To TEPPCO And Its Abatement Agreement The Mayor introduced the above-mentioned Proposed Resolution. Councilmember Chatman returned to the meeting. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Proposed Resolution No. 14729 be adopted with the following amendment set forth by the City Attorney: Section 2. That the City Council herein authorizes the following: • TEPPCO shall respond with all of the information, as required in Resolution No. 08-150 by June 25, 2008, and this matter will subsequently be reviewed at the Council meeting of July 1, 2008, and the City Council reserves the right to terminate the Abatement Agreement at that time or take other action. Proposed Resolution No. 14729 was adopted as amended becoming Resolution No. 08- 217 Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmember's Chatman,. Jones, Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution N o. 08-217 reads as follows: RESOLUTIO NO. 08-217 A RESOLUTION AS IT PERTAINS TO TEPPCO AND ITS ABATEMENT AGREEMENT II. ITEMS REQUIRING INDIVIDUAL ACTION A. Ordinance P. O. No. 5876 - An Ordinance. Canvassing The Returns And Declaring The Results Of A General Election Held May 10, Regular Meeting-May 20, 2008 13 2008 For The Purpose Of Electing Councilmembers For Districts- 1, 2, 3, And 4, As Well As For Positions 7 And 8 And Ordering ARun-Off For June 21, 2008, Providing For The Publication Of The Election Order, And Delineating Early Voting Clerks; Election Day Judges, Alternate Judges, And Clerks The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Williamson, seconded by Councilmember Lewis and carried, Proposed Ordinance No. 5876 was adopted becoming Ordinance No. 08- 54. Voting Yes: Mayor Prince; Mayor Pro Tem Sihegal; Councilmember's Chatman, Jones, Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Ordinance No. 08-54 reads as follows: ORDINANCE NO. 08-54 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A GENERAL ELECTION HELD MAY 10, 2008 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR DISTRICTS 1, 2, 3, AND 4, AS WELL AS FOR POSITIONS 7 AND 8 AND ORDERING A RUN-OFF FOR ]UNE 21, 2008, PROVIDING FOR THE PUBLICATION OF THE ELECTION ORDER, AND DELINEATING EARLY VOTING CLERKS, ELECTION DAY JUDGES, ALTERNATE JUDGES, AND CLERKS The motion was made by Mayor Pro Tem Sinegal and seconded by Councilmember Beard to reconsider Proposed Ordinance No. 5876 adopted as Ordinance No. 08-54. The motion was made by Mayor Pro Tem Sinegal and seconded by Councilmember Beard that Ordinance No. 08-54 to be amended as follows: That all seats shall be canvassed with the exception of District 2. Pending a Court Judge's ruling on the ballots. Mayor Prince read the following document submitted for the record to be filed in the City Secretary's office: Please enter into the official records of May 20, 2008 (Port Arthur City Council Meeting) Re: P.O. 5876 I, Deloris Prince, am voting for the original P.O. 5876 to canvass the General Election held on May 10, 2008, and am voting "No" for any amendments to this Ordinance. Thank you Ls/ Deloris Prince Councilmember Williamson also submitted the following document for the record to be filed in the City Secretary's office: Regular Meeting -May 20, 2008 14 Please enter into the official records of May 20, 2008 (Port Arthur City Council Meeting) Re: P.O. 5876 I, Roben` E. Williamson, am voting for the original P.O. 5876 to canvass the General Election held on May 10, 2008, and am voting "No" for any ameridments to this Ordinance. Thank you Robert Williamson Mayor Pro Tem Sinegal and Councilmember: Beard withdrew their motion to amend Ordinance No. 08-54. ' B. Resolution P. R. No. 14669 - A Resolution Documenting That Pursuant To The Amendment Of Section.9 Of Article II Of The City Charter Approved At The May 2, 1992 City Election In The City Of Port Arthur, Texas, The District 1 Councilmember Shall Serve As Mayor Pro Tem. And ShaIL Act As Mayor During The Absence Or Disability Of The Mayor And Shall Serve As Mayor Pro Tem Untif The Next Regular Election Of Councilmember's The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Williamson, seconded by Councilmember Chatman and carried, Proposed Resolution No. 14669 was adopted becoming Resolution No. 08- 218. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmember's Chatman, Jones, Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-218 reads as follows: RESOLUTION NO. 08-218 A RESOLUTION DOCUMENTING THAT PURSUANT TO THE AMENDMENT OF SECTION 9 OF ARTICLE II OF THE CITY CHARTER APPROVED AT THE MAY 2, 1992 CITY ELECTION IN THE CITY OF PORT ARTHUR, TEXAS, THE DISTRICT 1 COUNCILMEMBER SHALL SERVE AS MAYOR PRO TEM AND SHALL ACT AS MAYOR DURING THE ABSENCE OR DISABILITY OF THE MAYOR AND SHALL SERVE AS MAYOR PRO TEM UNTIL. THE NEXT REGULAR ELECTION OF COUNCILMEMBER'S III.. ADMINISTRATION OF OATHS OF OFFICE Acting Assistant City Secretary Bellard administered the Statement and Oath of Office to Position 7 Councilmember Elect Dawana K. Wise and District Four Councilmember Elect Martin Flood. IV. ADMINISTRATION OF OATH OF OFFICE TO NEWLY APPOINTED MAYOR PRO TEM Regular Meeting -May 20, 2008 15 Acting Assistant City Secretary Bellard administered the Statement and Oath of Office to Councilmember Jack Chatman, Jr. for the Office of Mayor Pro Tem. Councilmember Willie "Bae" Lewis gave his departing comments expressing his appreciation to staff and fellow Councilmembers for their support during his tenure. III. ADMINISTRATION OF OATHS OF OFFICE Acting Assistant City Secretary Bellard administered the Statement and Oath of office to District 3 Councilmember Elect Morris Albright, III. V. ROLL CALL The following members were present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Jack Chatman, Jr.; Councilmembers Cal Jones, Morris Albright, III., Martin Flood, John Beard, Jr., Robert "Bob" Williamson, Dawana K. Wise, and Councilmember Sinegal; City Manager Steve Fitzgibbons; Acting Assistant City Secretary Sherri Bellard; City Attorney Mark T. Sokolow and Sergeant At Arms Police Chief Mark Blanton. A. Resolutions (4) P. R. No. 14731 - A Resolution Appointing Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation Board Of Directors (Requested By Mayor Pro Tem Sinegal) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember Flood that Proposed Resolution No. 14731 be tabled. Mayor Pro Tem Chatman and Councilmember Flood removed their motion to table. The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember Flood that Proposed Resolution No. 14731 be adopted with the following appointments included: Position 1 Carolyn Guillory Position 3 Keith Daws Position 8 Roosevelt Petry Mayor Pro Tem Chatman made the following statement for the record: I am noting my concern about the residential requirements for Mr. Petry. He and I spoke about it and I trust Councilmember Sinegal's judgment. But I want to go on record saying; I am going to back Councilmember Sinegal's judgment. And Mr. Petry has told me face to face that he has filled out the paperwork that says he lives in Port Arthur, and for those two reasons I am going to go ahead and support him being on the EDC. But I do want to go on record letting everyone know that I do have concerns about his residency, residential requirement. Proposed Resolution No. 14731 was adopted becoming Resolution No. 08-219 Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmember's Jones, Albright, Flood, Williamson, Wise and Sinegal. Voting No: Councilmember Beard. The caption of Resolution No. 08-219 reads as follows: RESOLUTION N0.08-219 Regular Meeting -May 20, 2008 16 A RESOLUTION APPOINTING OR REAPPOINTING A DIRECTOR OR DIRECTORS TO THE CITY OF' PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION BOARD .OF DIRECTORS (REQUESTED BY MAYOR PRO TEM SINEGAL) Councilmember Wise made her acceptance speech expressing her appreciation to for her constituents in supporting her campaign. XIV. FUTURE AGENDA TTEMS OR REQUESTED REPORTS Mayor Prince: Requested a City Council retreat be scheduled. Councilmember Williamson: Report regarding local emergency room doctors not being in the City's PPO insurance network. Councilmember Beard: (1) Requested the City Attorney prepare a brief for the Attorney General's Office regarding issues with the Breeze Radio Station. (2) Report regarding rotation policies of the local wrecker services. (3) Requested the City Manager. look into or taking all measures necessary to discuss with Ware and Associates SBE program language and policies for the City of Port Arthur. (4) Requested the City Attorney to uphold and .defend the elections that we have: Acting Assistant City Secretary Bellard read into the record the following statement: The City Secretary's office has only received one complaint regarding the May 10, 2008 Election outside of the mail ballots in question. The complaint submitted was pertaining to curb side voting by paper ballot. The voter wanted to cast their vote via the electronic machine which is portable. Our office made the decision not to take that action due to liability issues raised by leasing our voting equipment from Premiere Election Services. Also a majority of our election officials are senior citizens of the community and their safety was of great concern. So, therefore we made the decision to do paper ballots instead of having them carry the touch screens out to the curb. That is something we had the. discretion to do. We did however receive many positive remarks with regards to the machines and the. voting process. I would respectfully ask that you forward any additional complaints received to our office: It is our intent to address the. voting public's concerns and ensure that future elections are successfully conducted. (5) Requested a meeting with the City Manager to discuss city sponsorship for a youth group making preparations for travel to the Cayman Islands. Mayor Pro Tem Chatman: (1) Requested SBE/MWB Programs be prepared for discussion and action by the Council. Regular Meeting -May 20, 2008 17 (2) Requested a Joint Special Meeting with the Pleasure Island Commission: (3) Report regarding the compliance of scrap metal buildings within the city. X. ADJOURNMENT OF MEETING Upon the motion of Mayor Pro Tem Chatman, seconded by Councilmember Williamson and unanimously carried, the City Council adjourned their meeting at 4:38 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 ASSISTANT CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD May 20, 2008.. APPROVED: Regular Meeting -May 20, 2008 18 EXHIBIT'A' Drug and Alcohol Services Provided By .~e At ~ *~~e fir. YYCY„'''~:" ~° ~ °~,~ ~.Y, yrs= '~ ~. n~~e .~{~ m~1 - . Love - . _ ~ - 1909 Jefferson Drive Port Arthur, TX 77642 (409) 962-2266 ~~z At °~ ~ _.. _ ,~. ~G: f~aCtt1~ 1 - .. l.uFr LAW (Love at Work), Inc. Drug and Alcohol Services Price List DRUG AND ALCOHOL SERVICES: NIDA/SAMHSA Certified Drug Testing Two (2) -Ten (10) panel drug screen • NON DOT Drug Collection and Testing • NON DOT Collection Only • DOT Drug Collections, Testing and MRO • Hair Test (Where Applicable) • Hair Collection Only ON SITE DRUG AND ALCOHOL SERVICES: • On-Site Technician Fee (during working hours) • Emergency, 24 Hour On-Site Collections (2 Hour Min.) • Rapid Drug Testing and Collection (2-10 Panel) Non -negative result (confirmation) $29.00 $15.00 $60.00 $60.00 $20.00 $25.00/hr. $50.00/hr. $30.00 $15.00 t.M1- ~ . i ' .. , . Certificate of Completion This certifies that on October 31, 2007 Alber# Moses successfully completed the course of study specified by the Department of Transportation (DOT 49 CFR PART 40) and performed the five mock collections as 'required to meet the qualifications standards for a Certified Specimen Collector And is hereby awarded this Certificate from Drug Screens -Etc. Expires October 31, 2012. ~,\ t j Vtctona Perreault, CPCT, BAT, MIP-Alcohol Inst. >r^ ', ~~ ~~ F ert~ . , e, el. ~ . > ~ [:?. Certificate of Completion This certifies that on October 31, 2007 Charlotte Moses successfully completed the course of study specified by the Department of Transportation (DOT 49 CFR PART 40) and '` ~ ~ performed the five mock collections as required to meet the qualifications standards for a . ~ - .• ~ ,Certified Specimen Collector .; :, , ` '` '• And is hereby awarded this Certificate from ~ . ' ..l 1 • .. u •` ' ' ~ ~ 1 ~. ' '.. • ~ ' ~ ~ ,: . ;1, ( ~ , flrug Screens Etc. Expires October 31, 2012, - ~\ • _ ,r i ~ /, Vtetorla Perreault, CPCT, BAT, MIP-Alcohol Inst. V i~ ~ f y : , 1: :;: ; ~. .,~: ,, :~., ~~ ~. M; ~hr'. .. , . , .. Certificate of Completion This certifies that on November 29, 2007 Christian Smith successfully completed the course of study specified by the. Department of Transportation (DOT 49 CFR PART 40) and . performed the five mock collections as required to meet the qualifications standards for a Certified Specimen Collector And is hereby awarded this Certificate from Drug Screens Etc. Expires November 29, 2012. ~, Victoria Perreault, CPCT, BAT, MIP-Alcohol Inst. ~= Certificate of Completion This certifies that on November 29, 2007 Vickie ~Jacquet successfully completed the course of study specified by the Department of Transportation (DOT 49 CFR PART 40) and pertormed the five mock collections as required to meet the qualifications standards for a Certified Specimen Collector And is hereby awarded this Certificate from Drug Screens Etc. Expires November 29, 2012. !'\ ~,`~ i . Victoria Perreault, ~CPCT, BAT, MIP-Alcohol Inst Certificate of Completion This certifies that on May 19, 2008 Vickie Jacquet successfully completed the curriculum specified by the Department of Transportation (DOT) and curriculum specified by. Intoximeters, Inc. as a Breathe Alcohol Technician (BA7) Proficient in the operation of: ALCO SENSOR IV / RBT IV .~ ) _ j , Victoria Perreault, CPCT, BAT, C-DER Instructor May 19, 2013 Certificate of Completion This certifies that on May 19, 2008 Albert Moses successfully completed the curriculum specified by the Department of Transportation (DOT) and curriculum specified by Intoximeters, Inc. as a Breathe Alcohol Technician (BAT) Proficient in the operation of: ALCO SENSOR IV / RBT IV -~ c~.~ ~ /_2~zec~~~ Victoria Perreault, CPCT, BAT, C-DER Instructor May 19, 2013 EXHIBIT'B' BAssociates, Inc. ~~ Pueuc ttElaaloNs 0 BUSINESS MARKI;7ING CITY OF PORT ARTHUR LOCAL, MINORITY AND WOMAN-OWNED BUSINESS ENTERPRISE PLAN SCOPE OF WORK Ware 8 Associates, Inc. will be responsible for creating and promoting a Local, Minority and Woman Business Enterprise Plan for the City of Port (CiPA). The purpose of creating such a Plan is to promote fair share business opportunities for local and economically disadvantaged companies desiring to contract with the City. Implementing initiatives like an UM/WBE Plan would help to invigorate the local economy by keeping more of the local tax dollars local - as local businesses would spend contract dollars locally. Ware & Associates, Inc. is pleased to submit this proposal to CiPA for the development of a comprehensive Local, Minority and Woman Business Enterprise Program (UMMlBE}. The UMM/BE program will provide assistance to local/minority and women owned firms seeking to participate in construction'and goods and services opportunities with CiPA. Once asystem-wide plan is in place, our goal will be to assist the City in increasing the number of local, emerging, minority and women business enterprise plans. a) Develop a plan for local/minority and women vendor participation with district tracking and reporting system; • Research, Assessment and Interviews of Internal and External Stakeholders • Prepare the first-draft of plan for review by client two months after agreement signed • Plan will include the following Components - Construction - Real Estate - Supply/supplier (Goods & Services) - Community Outreach - Good Faith - System Support, Governmental Affairs, Media Relations - Vendor Request Support - Human Resources - Tracking Process - Reporting Process - Evaluation Process Merx OFFICE: 6464 Brentwood Stair Road • Suite101 Fort Worrh, Texas 76112 817-451-9273 • -Fax 817-496.7880 5787 S. Hampton Road Suite 230-LB123 Dallas, Texas 75237 214.467.9173 Fax 214-331.9779 CiPA LIMIWBE Plan Scope of Work, Proposal & Abatement Review Plan May 2008 b) Develop Media Strategy -Coordinate community events; coordinate newsletters • Prepare template for quarterly newsletter • Coordinate all external community events • Develop story and pitch to local-media • Develop annual report of all community out-reach c) Develop district employee training program; • Develop Train-the-Trainer workshops for CiPA • Develop informational materials and PowerPoint presentation for new employees d) Develop local and minority vendor list and local and minority recruitment plan; • Develop and implement-minority recruitment plan and secure a comprehensive local vendor data base e) .Develop aprocess/program for district certification of local and minority vendors; • Research the process program and application of local district certification capabilities • Make recommendations and provide services for implementation f) Conduct informational meetings for prime and sub-prime contractors regarding the City's local, minority and woman vendor program; • For the duration of the program, we will conduct informational meetings for prime and sub contractors wanting to do business with CiPA's local, minority and woman vendor program; g) Compile reports of local, minority and woman vendor participation in the City's contacts • Reports and supporting data will be collected arid reported to the City Manager via PowerPoint presentation and/or hard copy reports monthly and quarterly. CiPA LIMIWBE Plan Scope of Work, Proposal 8: Abatement Review Plan May 2008 CITY-PORT ARTHUR TAX ABATEMENT REVIEW PLAN for ABATEMENT CONTRACTS COMING UP FOR REVIEW • Assess and evaluate the City's current Tax Abatement Policy; • Assess all abatement contracts currently in progress with the City • Review existing abatement reports for attainment of goals; • Evaluate non-attainment, and recommend, as appropriate, possible remedial measures for each for future compliance; • Evaluate/recommend Technical Assistance regarding the next steps the City of Port Arthur should take to review and grant extensions to current abatement contracts and determine go-fonnrard policies; • With assistance from an expert panel, including a former City Manager, Economic Development and MWBE Department Directors with expertise and experience in implementing tax abatement programs in major Texas cities, conduct Workshops/Seminars on subjects related to the implementation of an UMM/BE Program.