HomeMy WebLinkAboutDECEMBER 2, 2008 REGULAR MEETING MINUTESREGULAR MEETING - December 2, 2008
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Henderson gave the invocation followed with the pledge to the fiag.
The City Council of the City of Port Arthur met in Regular Session on Tuesday,
December 2, 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, Martin Flood, Dawana K. Wise and Thomas J. "Tom" Henderson; City
Manager Steve Fitzgibbons, Acting City Secretary Terri Hanks, City Attorney Mark T.
Sokolow and Sergeant At Arms Police Chief'Mark Blanton.
Mayor Pro Tem Jack Chatman, Jr. joined the Regular Meeting at 8:40 a.m.
Councilmember John Beard, Jr, joined the Regufar Meeting at 8:45 a,m.
Councilmember Morris Albright, III joined the Regular Meeting at 1.36 p.m. during the
Executive Sessi~n.
Councilmember Robert E, "Bob" Williamson was absent from the Regular Meeting.
II. PROCLAMATIONS & MINUTES
Proclamations - None
Minutes
]une 10, 2008 - Special/~oint Pteasure Island Commission Meeting
Upon the motion of Councilmember flood, seconded by Councilmember Henderson and
carried unanimously, the City Council approved the above-mentioned minUtes.
]une 10, 2008 - Special Meeting
Upon the motion of Councilmember Henderson,~ seconded by Councilmember Flood and
carried unanimously, the City Council approved the above-mentioned rninutes.
Mayor Pro Tem Chatman arrived at 8:40 a.m.
November 18, 2008 - Special Meeting
Upon the motion of Councilmember Henderson, seconded by Councilmember Wise and
carried unanimously, the City Council approved the above-mentioned mi~nutes.
November 18, 2008 - Regular Meeting
Upon the motion of Councilmember Henderson, seconded by Councilmember Wise and
carried unanimously, the City Council approved the above-mentioned minutes.
November 25, 2008 - Special Meeting
U on the motion of Councilmember Henderson, seconded by Councilmember Wise and
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carried unanimously, the City Council approved the above-mentioned minutes.
III. PETITIONS & COMMUNICATIONS
A. S ea ke rs
~ames Fedrick, Sr. Regarding Parking In Your Yard
Mr. ]ames Fedrick, Sr., 819 East 18t" Street, appeared before the City Council to speak
in opposition of the parking ordinance.
Councilmember Beard arrived at 8:45 a.m.
6. Presentations - None
C. Correspondence - None
IV. PUBLIC HEARINGS - 9:00 AM - None
V. UNFINISHED BUSINESS - None
VI. CONSENTAGENDA
~
Upon the motion of Councilmember Wise, seconded by Councilmember Henderson and
carried unanimously, the following Consent Agenda items were adopted:
Consent Iterns
A. Consideration And Approval Of Payment In The Amount Of
$13,796.58 To Miriam K. .lohnson, Tax Assessor Collector,
For The 2008 Tax Year Collection Fee
B. Consideration And Approval Of Payment To Dell & CDW
(Through The State Of Texas DIR Pricinq) In The Amount
4f $8,445 For Two Servers And Related Software For City
Hall
C. Consideration And Approval Of Payment To Southeast
Service Company In The Amount Of $5,98~ For Repairs To
The A/C Units (Damaged By Hurricane Ike) At The Police
Department
D. Consideration And Approval Of Payment To GT Distributors
In The Amount Of $9,804.35 For Twelve Model X26 Tasers
And Twelve Taser Holsters For The Police Department
E. Consideration And Approval Of Payment To Texas
Commission On Environmenta/ Quality (TCEQ) In The
Amount: Of $7,945.02 For The Annual Water System Fee
F. Consideration And Approval Of Payment To Tony's Kustom
& Collision In The Amount Of $5,781.81 For Repairs To A
2007 GMC Trash Truck (Equipment #1635)
G. Expense Report
Mavor Deloris "Bobbie" Prince:
Attended 9Gt" Annual TML Conference ~
,
San Antonio, TX
October 28-31, 2~08 ~ $ 1,453.38
Attended Annual NLC Conference,
Orlando, FL
November 10-15, 2008 $ 3,813.15
Councilmember Elizabeth "liz" Seg_ler:
Attended 96t" Annual TML Conference
-
San Antonio, TX
October 28-31, 2~08 $ 1,647.70
Councilmember Dawana K. Wise:
Attended Annual NLC Conference,
Orlando, Fl ~
November 10-16, 2008 $ 2,901.27
City Council Minutes
Regular Meeting - December 2, 2008
2
Councilmember Thomas ~. Henderson:
Attended 96t" Annual TML Conference
,
San Antonio, TX .
~ctober 28-31, 2008
Cit~ Attornev .Mark T. Sokolow:
Attended Creditor's Meeting
For ~. D. Manufacturing, Houstan, TX
November 17, 2008
Resolutions - Consent
$ 1,383.43
$, 67.55
~1) P. R. No.14841- A Resolution Calling For A Pubtic Hearing
To Amend Sections 7-100, 7-101, 22.101, 26-100, Of The
Zoning Qrdinance (Appendix A) Of The City Of Port Arthur
Code Of Ordinances
Proposed Resolution No.14841 was adopted becor~ing Resolution No. 08-461.
(2) P. R. No. 14988 - A Resolution Authorizing The City
Manager To Do All Things Necessary To Execute The
Settlement Of A Claim In The Amount Of $12,278.34 Made
Against Texas Municipal ~eague Intergovernmental Risk
Pool ~TML) As A Result Of The Properly Damage To City
Police Vehicle #1657
Proposed Resolution No.14988 was adopted becoming Resolution No. 08-462.
(3) P. R. No.14991- A Resolution Authorizing The City Of Port
Arthur To Accept A Donation Of Six Thousand Dollars
($6,004) From Area Hotel Owners For The Purchase Of
Emergency Equipment For The Purpose Of Total Effective
Traffic Enforcement
Proposed Resolution No.14991 was adopted becoming Resolution No. 08-463.
(4) P. R. No. 14998 - A Resolution Approving A Contract
Amendment With Lamar State College-Port Arthur On
Behalf Of The Port Arthur Weed And Seed Initiative, To
Extend The Term Of The. Contract From December 31, 2008
ToUune 30, 2009. WS0701; Account No.114-1051-517-59-
00
Proposed Resolution No.14998 was adopted becoming Resolution No. 08-464.
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT
A. Resolutions ~ ~
P. R. No. 14996 - A Resolution Authorizing $75,040 From
The City Of Port Arthur Section 4A Economic Development
Cor oration Trainin Budget For An "On-The-]ob Training"
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Program; Said Program To Provide Reimbursement To
Em lo ers For E~ctraordinary Costs Associated With Skills
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Upgrade Training For Full-Time Employment Of Port Arthur
Residents ~
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion by Councilmember Henderson, seconded by Councilmember F1ood
and carried unanimously; Proposed Resolution No. 14996 was adopted becoming
Resolution No. 08-465.
City Council Minutes ,
Regular Meeting - December 2, 2008
3
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Counciimembers Segler, Flood,
Beard, Wise and Henderson. .
Voting No: None. .
The caption of Resolution No. 08-465 reads as follows:
RESOLUTION N0. 08-465
A RESOLUTION AUTHORIZING $75,000
FROM THE CITY OF PORT ARTHUR
SECTION 4A EC~NOMIC DEVELOPMENT
CORPORATION TRAINING BUDGET FOR
AN "ON-THE-J06 TRAINING" PROGRAM;
SAID PROGRAM TD PROVIDE
REIMBURSEMENT T0 EMPLOYERS FQR
EXTRAORDINARY GOSTS ASSOCIATED
WITH SKILLS UPGRADE TRAINING FOR
~ FULL-TIME EMPLOYMENT OF PORT
ARTHUR RESIDENTS
6. Ordinances
(1) P, 0. No. 5949 - An Ordinance Granting An Excavation
Permit Issued Pursuant To Article VII (Excavations) Of The
Cod~ ~f Ordinances Of The City Of Port Arthur To Roya
Estates Located South Of lake Arthur Drive And West Of
Pro osed 67t" Street AKA Part Of Lot 5 Block 10 Ran e
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"G" lots 7& 8, Block 10, Region "H" And Part Of Reserve
"C" Port Arthur Land Company, City Of Port Arthur,
~efferson County, Texas
The City Manager introduced t~e above-mentioned Proposed Ordinance.
The motion was made by Councilmember Henderson and seconded by Councilmember
Flood that Proposed Ordinance No. 5949 be adopted.
Planning, Zoning and Grants Director Colleen Russell appeared before the City Council
to address inquiries related to the proposed excavation permit. Ms. Russell requested
consideration in tabling Proposed Ordinance No. 5949.
Mayor Pro Tem Chatman left the Council Chamber at 8:56 a.m.
The motion was made by Councilmember Henderson and seconded by Councilmember
Flood that Proposed Ordinance No. 5949 be tabled.
Proposed Ordinance No. 5949 was tabled.
(2) P. 0. No. 5953 - An Ordinance Amending Section 78-53 As
It Pertains To Inclement Weather Pay During Major
Disasters
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion by Councilmember Henderson, seconded by Councilmember Wise and
carried unanimousl Pro osed Ordinance No. 5953 was adopted becoming 4rdinance
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No. 08-119.
Votin Yes: Ma or Prince; Councilmembers Segler, Flood, Beard, Wise and Henderson.
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Voting No: None.
The caption of Ordinance No. 08-119 reads as follows:
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City Council Minutes
Regular Meeting - December 2, 2008
ORDINANCE N0. 08-119
AN ORDINANCE AMENDING SECTI4N 78-
53 AS IT PERTAINS TO INCLEMENT
WEATHER PAY DURING MA]OR
DISASTERS
(3) P. 0. ~ No. 5955 - An Ordinance Amending Section 18-37 Of
: The Code ~f Ordinances As It Pertains To ~Contractor
Liability Insurance Or Bonds, Providing For A Penalty,
Publication And An Effective Date ~
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion by Councilmem~ber Henderson, seconded by Councilmember Flood and
carried unanimously, Proposed Ordinance No. 5955 was adopted becorning ~rdinance
No, 08-120.
Voting Yes: Mayor Prince; Councilmembers Segler, Flood, Beard, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 08-120 reads as follows:
ORDINANCE N0. 08-120
AN ORDINANCE AMENDING SECTION 18-
37 OF THE CODE OF ORDINANCES AS IT
PERTAINS TO C~NTRACTOR LIABILITY
INSURANCE OR BONDS, PROVIDING FOR
A PENALTY, PUBLICATION AND AN
EFFECTIVE DATE
(4) P. 0. No. 5958 - An Ordinance Pertaining To The Sale Of
Property Located At 3510 Lake Arthur Drive, Port Arthur,
Texas
The City Manager introduced the above-me~ntioned Proposed Ordinance.
The motion was made by Councilmember Henderson and seconded by Councilmember
Flood that Proposed Ordinance No. 5958 be adopted.
Purchasing Manager Shawna Tubbs appeared before the City Council to address
inquiries related to the sale of property located at 3510 ~ake Arthur Drive.
Proposed Ordinance No, 5958 was adopted becomin~ Ordinance No. 08-121.
Votin Yes: Mayor Prince; Councilmembers Segler, Flood, Beard, Wise and Henderson.
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Voting No: None.
The caption of Ordinance No. 08-121 reads as follows:
ORDINANCE N0. 08-121
AN ORDINANCE PERTAINING TO THE
SALE OF PROPERTY LOCATED AT 3510
~ LAKE ARTHUR DRIVE, PORT ARTHUR,
TEXAS
C. Reports And Recommendations - None
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City Council Minutes
Regular Meeting - December 2, 2008
VIII. REPORTS OF BOARDS & COMM~TTEES - None
: IX. *CLOSED MEETING (EXECUTIVE Sf5SI0N) ~
Closed Meetinq:
(1) Section 551.071 Government Code - To Discuss With The
~ City Attorney Pending Litigation As It Pertains To 1Norsham
Vs. City And Pleasure Island Commission
1 (2) Section 551.071 Government Code - To Discuss With The
City Attorney Pending ~itigation Of Intercoastal Golf Vs.
City Of Port Arthur And Pleasure Island Commission
(3) Section 551L087 Government Code - To Discuss Incentives
For Commercial, Residential, And Industrial Business
. Prospects
(4) Section 551.072 Government Code - To Discuss The Value
Of La nd I n The City's ET~
(5) Section 551.072 Government Code - To Discuss The Va1ue
Of Land In Downtown Port Arthur
(6) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To
Compliance With Industrial District Agreements,
, Assignments, Hiring And Recruitment Provisions,
Extensions And Options For Annexation
The City Council recessed their Regular Meeting at 9,07 a.m. to meet in Executive
Session to consider the above-mentioned topics, and reconvened their Regular Meeting
at 10:49 a.m. with the following members present: Mayor Prince; Councilmembers
Segler, Flood, Wise and Henderson; City Manager Fitzgibbons; Acting City Secretary
Hanks; City-Attorney Sokolow,and Sergeant At Arms Chief Blanton.
The City Council recessed their Regular Meeting at ~0.50 a.m. and reconvened their
Regular Meeting at 1:36 p.m. with the following members present: Mayor Prince;
Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise and
Henderson; City Manager Fitzgibbons; Acting City Secretary Hanks; City Attorney
Sokolow and Sergeant~At Arms Chief Blanton.
IX. *CLOSED MEETING ~EXECUTIVE SESSION)
Closed Meetinq: ~ ~
(3) Section 551.087 Government Code - To Discuss ~ncentives For
Commercial, Residential, And Industrial Business Prospects
(4) Section 551.072 Government Code - To Discuss The Value Of
Land In The City's ET]
6 Section 551.071 Government Code - To Discuss INith The City
C)
Attorney Potential litigation As It Pertains To Compliance With
The City Council recessed their Regular Meeting at 1:38 p.m. to meet in Executive
Session to consider the above-mentioned topics, and reconvened their Regular Meeting
at 2:45 p.m. with ~ the following members present: Mayor Prince; Mayor Pro Tem
Chatman; Councilmembers Segler, Albright, Flood, Beard, VUise and Henderson; City
Mana er Fitz ibbons; Acting City Secretary Hanks; City Attorney Sokolow and Sergeant
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At Arms Chief Blanton.
City Council Minutes
Regular Meeting - December 2, 2008
6
EXECUTIVE SESSION MOTION
City Attorney Sokolow read the following motion into the record:
MOTION TO APPROVE A FINANCIAL PROPOSAL TO VALERO FOR
F4UR (4) AGREEMENTS - REFINERY, HOUP, TIER II,
HYDROTREATf R:
(1) A five (5) year agreement 2009-2013, at 65% of value times the
tax rate.
(2) A $6 Million initial payment.
(3) As to Tier II and Hydrotreater, when the agreements expire, Valero
will pay 65% of value times the tax rate.
(4) Valero will receive a credit for the $6 Million initial payment at 6%
interest.
(5) No more than plus or minus 10% change in payments per year,
based on value.
{6) Wording regarding the agreement will be presented to City Council
for final approval.
Upon the motion of Councilmember Wise, seconded by Councilmember Albright and
carried unanimously, the motion as stated by the City Attorney was adopted.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Flood, Beard, Wise and Henderson.
Voting No: None,
IX. FUTURE AGENDA ITEMS OR RfQUESTED REPORTS
Mavor Prince:
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(1) Requested a status report on the widening West Seventh Street.
~2) Requested a Joint Meeting with the Pleasure Island Commission be held on
Tuesday, December 9, 2008 at 5:00 p.m.
~3) Announced that an official "Clean-Up Port Arthur" project will begin on DeQueen
Boulevard. The Mayor requested the support of the City Councilmembers and
community volunteers to assist with the clean up efforts.
Councilmember Beard;
Councilmember Beard requested a trash report for discarded tires in the Sixth Street
area.
Councilmember Albriqht:
.
Councilmember Albri ht re uested a street damage and repair report for 39t" Street.
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X. AD~OURNMENT OF MEETING
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U on the motion b Councilmember Wise, seconded by Councilmember Segler, and
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carried unanimously, the City Council adjourned their meeting at 3:01 p.m,
City Council Minutes
Regular Meeting - December 2, 2008
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 S:ECRETARY TERRI HANKS
END OF REGULAR MEETING HELD December 2, 2008.
APPROVED: .
s
City Council Minutes ~
Regular Meeting - December 2, 2008