HomeMy WebLinkAboutJANUARY 27, 2009 REGULAR MEETINGREGULAR MEETING - January 27, 2009
I. INVOCATION, PLEDGE ~ ROLL CALL
Councilmember Henderson gave the invocation followed with the pledge to the flag.
The City Council of the City of Part Arthur met in Regular Session on Tuesday, January
27, 2009 at 8:30 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 Fitrgibbons, Acting City Secretary Terri Hanks,
City Attorney Mark T. Sokolow, and Sergeant At Arms Deputy Chief of Police John
Owens.
Councilmember Dawana K. Wise joined the Regular Meeting at 8:34 a.m.
Councilmember ]ohn. Beard, Jr. joined the Regular Meeting at 8:45 a.m.
Mayor Pro Tem Jack Chatman joined the Regular Meeting at 8:45 a.m.
II. PROCLAMATIONS ~ MINUTES
Proclamations -None
7anuary 07, 2009 Special Meeting
Upon the motion of Councilmember .Albright, seconded by Councilmember Williamson
and carved unanimously, the City Council approved the above-mentioned minutes.
January 13, 2009 Special Meeting
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
and carried unanimously, the City Council approved the above-mentioned minutes.
7anuary 13, 2009 Regular Meeting
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
and carried unanimously, the City Council approved the above-mentioned minutes.
III. PETITIONS ~ COMMUNICATIONS
A.
(1) Cory Jenkins Regarding Practices Of The City's Animal
Control Department
(2) Lloyd Hebert And Kevin Morris Regarding Affordable
Housing And Commercial Development
The Speaker portion of the Regular Meeting was held.
B. Presentations -None
C. Corresuondence -None
Councilmember, Wise arrived in the City Council Chamber at 8:34 a.m.
IV. PUBLIC HEARINGS - 9:00 AM -None
V. UNFINISHED BUSINESS
P.O. 5960 - An Ordinance Amending Subsection (5) Of Section
66-33 (A) Of The Code Of Ordinances As It Pertains To Oil And
Gas Leases And Providing For Publication
The above-mentioned item was held until after the Executive Session.
VI. CONSENT AGENDA
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
and carried, the following Consent Agenda items were adopted:
A. Consideration And Approval Of Payment For Automated
Garbage Trucks In The Total Amount Of $513,998.22 To
BuyBaard (Through Hei/ Of Texas Of Houston) For Two 30-
CY Rapid Rail Automated Side Loader Bodies ($275,770.22)
And BuyBoaM (Through Chastang's Bayou City Autocar)
For Two Autocar WX64 Chassis ($238,228)
B. Consideration And Approval Of Payment To A// Phase
E/ectric Supp/y Company In The Amount Of $8,300.16 For
Ten Acorn Globes And Three 13' Black Cast Iron Poles With
70W HPS Lamps. 81 Globes To Repair/Replace Decorative
Lighting Along Lakeshore Drive Which Was Damaged By
Hurricane Tke
C. Consideration And Approval Of Payment To Motoro/a In
The Amount Of $52,617 For Upgrades To Re-Banded Radios
For The Police, Fire And Public Works Departments
D. Consideration And Approval Of Payment To Waukesha-
Plearice Industries, lnc., In The .Amount Of $5,050 For
Rental Equipment Used For The 2008 City Streets Program
E. Consideration And Approval Of Payment To SY~ewart B
Src'~eiirenson In The Amount Of $17,348.07 For Repairs To
Three Generators At The Water Purification Plant
F. Consideration And Approval Of Payment To Summit E/ectric
Svpp/y In The Amount Of $11,627.88 For Three Adjustable
Frequency Drives (Damaged By Hurricane Ike) For The
Main And Port Acres Wastewater Treatment Plants
G. Consideration And Approval Of Payment To Lansdowne-
Moody Company, L.P., In The Amount Of $69,161.07 For
The Purchase Of A Tractor And Mower (Replacing A Unit
Damaged By Hurricane Ike)
H. Consideration And .Approval Of Payment To Pump CIE Power
In The Amount O'f $10,615 For Repairs To A Vertical 300HP
Motor Which Was Damaged By Hurricane Ike
I. Consideration And Approval Of Payment To EL..SAG Nort/i
America In The Amount Of $57,927.80 For The Purchase Of
"Two Mobile License Plate Readers" Cameras
~. Consideration And Approval Of Payment To PEMSCO In The
A~nwunt Of $8,200 For On-Site Repairs To The Clarifier
Rake Arm At The Sabine Pass Wastewater Treatment Plant
Which Was Damaged By Hurricane Ike
K. Consideration And Approval Of Payment To American
Satiety tlr Enivironnrenih/ To Provide Supplemental Debris
Collection Services Throughout The City (Due To Hurricane
Ike) At A Cost Of $1.75 Per Cubic Yard
City Council Minutes
Regular Meeting -January 27, 2009
L. Expense Re rts:
Mayor Deloris "Bobbie" Prince:
U.S. Conference Of Mayors, Washington, D.C.
7anuary 16-19, 2009 $2,575.28
Councilmember Robert E. "Bob" Williamson:
Attended 2009 TxDOT Forum, Austin, TX
January 5-7, 2009 $1,776.60
Acting Assistant City Secretary Sherri Ballard:
Attended Texas Municipal Clerks Association
Annual Election Law Seminar, Irving, TX
7anuary ii-14, 2009 $921.36
City Attorney Mark T. Sokolow:
Attended Creditor's Meeting, Houston, TX
7anuary 9, 2009 $41.40
(1) P. R. No. 15012. - A Resolution Awarding A Contract To K-T
Construction, LLC In The Amount Of $24,050.00, And
Authorizing The Execution Of A Contract For The
Demolition Of Six (6) Dangerous Residential Properties
(Group B-t), To Be Charged To Account No. 106-1425-
571.59-00, Project No. RITA01(TDHCA Funds)
Proposed Resolution No. 15012 was adopted becoming Resolution No. 09-011.
(2) P. R. No. 15021 - A Resolution Awarding A Contract To
7amal Building In The Amount Of $16,600.00, And
Authorizing The Execution Of A Contract For The
.Demolition Of Six (6) Dangerous Residential Properties
(Group D), To Be Charged To Account No. 106-1425-
571.59-00, Project No. RITA01(TDHCA Funds)
Proposed Resolution No. 15021 was adopted becoming Resolution No. 09-012.
(3) P. R. No. 15022 - A Resolution Awarding A Contract To
)aural Building In The Amount Of $13,902.00, And
Authorizing The Execution Of A Contract For The
Demolition Of Six (6) Dangerous Residential Properties
(6roup A), To Be Charged To Account No. 106-1425-
571.59-00, Project No. RITA01(TDHCA Funds)
Proposed Resolution No. 15022 was adopted becoming Resolution No. 09-013.
(4) P. R. No. 15023 - A Resolution Awarding A Contract To
7amal Building In The Amount Of $13,324.00, And
Authorizing The Execution Of A Contract For The
Demolition Of Six (6) Dangerous Residential Properties
(Group B), To Be Charged To Account No. 106-1425-
571.59-00, Project No. RITA01(TDHCA Funds)
Proposed Resolution No. 15023 was adopted becoming Resolution No. 09-014.
(5) P. R. No. 15024 - A Resolution Awarding A Contract To
~amal Building. In The Amount Of $13,560.00, And
Authorizing The Execution Of A Contract For The
Demolition Of Six (6) Dangerous Residential Properties
(Group C), To Be Charged To Account No. 106-1425-
571.59-00, Project No. RITA01(TDHCA Funds)
City Council Minutes 3
Regular Meeting -January 27, 2009
Proposed Resolution No. 15024 was adopted becoming Resolution No. 09-015.
(6) P. R. No. 15058 - A Resolution Authorizing The City
Manager And The City Attorney To Purchase Lot 10, Block
24, Brice Addition (708 Abe Lincoln Avenue) And To
Execute The Closing Documents (Project #CIP909, Account
No. 303-1601-591.81-00)
Proposed Resolution No. 15058 was adopted becoming Resolution No. 09-016.
(7) P. R. No. 15059 - A Resolution Authorizing The City
Manager And The City Attorney To Purchase S 28' Of N 56'
Of Lots 5-8, Block 5, Schmyser 3 Addition (Between W. 6~'
And W. 7~' On Grannis Avenue) And To Execute The Closing
Documents (Project #CIP909, Account No. 303-1601-
591.81-00)
Proposed Resolution No. 15059 was adopted becoming Resolution No. 09-017.
(8) P. R. No. 15060 - A Resolution Authorizing The Mayor Of
The City Of Port Arthur To Execute An Aerial Waiver
Permitting The ~effer~son County Mosquito Control District
To Fly At Low Altitudes Over The Territory Under The
Jurisdiction Of The City Of Port Arthur
Proposed Resolution No. 15060 was adopted becoming Resolution No. 09-018.
(9) P. R. No. 15061 - A Resolution Accepting A Water Utilities
Easement From Chicory Court -Brittany Place II, LLP For
The Construction, Installation, Laying, And Maintaining Of
Water Utilities In The City Of Port Arthur
Proposed Resolution No. 15061 was adopted becoming Resolution No. 09-019.
(10) P. R. No. 15062 - A Resolution Accepting A Grant From
Premcor/Valero In The Amount Of X25,000 For The
Purpose Of Improving City Parks
Proposed Resolution No. 15062 was adopted becoming Resolution No. 09-020.
(11) P. R. No. 15063 - A Resolution Authorizing The City
Manager To Execute A Partial Release Of A Utility Easement
In The City Of Port Arthur
Proposed Resolution No. 15063 was adopted becoming Resolution No. 09-021.
(12) P. R. No. 15066 - A Resolution Authorizing The City
Manager And The City Attorney To Purchase N 28' Of S 56'
Of Lots 5-8, Block 5, Schmyser 3 (607 Grannie Avenue)
Addition And To Execute The Closing Documents (Project
#CIP909, Account No. 303-1601-591.81-00)
Proposed Resolution No. 15066 was adopted becoming Resolution No. 09-022.
(13) P. R. No. 15067 - A Resolution Authorizing The City
Manager And The City Attorney To Purchase Lot 35, Block
5, Schmyser 3 Addition (617 West 5~' Street) And To
Execute The Closing Documents (Project #CIP909, Account
No. 303-1601-591.81-00)
Proposed Resolution No. 15067 was adopted becoming Resolution No. 09-023.
City Council Minutes , 4
Regular Meeting -January 27, 2009
(14) P. R. No. 15068 - A Resolution Authorizing The City
Manager And The City Attorney To Purchase Lot 9, Block
24, Brice Addition (Between W. 7~' And W. 8~' On Lincoln
Avenue) And To Execute The Closing Documents (Project
#CIP909, Account No. 303-1601-591.81-00)
Proposed Resolution No. 15068 was adopted becoming Resolution No. 09-024.
(15) P. R. No. 15069 - A Resolution Authorizing The City
Manager And The City Attorney To Purchase Lot 36, Block
5, Schmyser 3 Addition (West 5~' Street) And To Execute
The Closing Documents (Project #CIP909, Account No.
303-1601-591.81-00)
Proposed Resolution No. 150b9 was adopted becoming Resolution No. 09-025.
(16) P. R. No. 15070 - A Resolution Authorizing A Contract
Between The City Of Port Arthur And TLSK Management
Co. Of Port Arthur As The Third Party Concessionaire For
The Operation Of The Robert A. "Bob" Bowers Civic Center
Concessions
Proposed Resolution No. 15070 was adopted becoming Resolution No. 09-026.
(17) P. R. No. 15071 - A Resolution Authorizing The City
Manager To Do All Things Necessary To Execute Settlement
Of The Property Damage Subrogation Claim In The Amount
Of $5,781.81 Made Against Grace Landers And State Farm
Mutual Automobile Insurance Company
Proposed Resolution No. 15071 was adopted becoming Resolution No. 09-027.
(18) P. R. No. 15072 - A Resolution Authorizing The City
Manager To Do All Things Necessary To Execute The
Settlement Of A Claim In The Amount Of $5,056.75 Made
Against Texas Municipal League Intergovernmental Risk
Pool (TML) As A Result Of The Property Damage To City
Police Vehicle #1646
Proposed Resolution No. 15072 was adopted becoming Resolution No. 09-028.
(19) P. R. No. 15073 - A Resolution Authorizing The Execution
Of A Contract For Professional/Technical Services Between
The City Of Port Arthur And Carroll 8: Blackman,. Inc. Acting
Through Kim L. Carroll, P.E., President, For Certain
Professional Engineering Services Related To The Texas
Pollutant Discharge Elimination System Phase II Storm
Water Discharge .Permit In The Amount Of $8,893.
Drainage Account No. 001-1204-531.84-00
Proposed Resolution No. 15073 was adopted becoming Resolution No. 09-029.
(20) P. R. No. 15078 - A Resolution Accepting A Water Utilities
Easement ,From Madison Clearview Port Arthur, L.P. For
The Construction, Installation, Laying, And Maintaining Of
Water Utilities In The City Of Port Arthur
Proposed Resolution No. 15078 was adopted becoming Resolution No. 09-030.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
City Council Minutes
Regular Meeting -January 27, 2009
(i) P. R. No. 15064 - A Resolution Appointing Or Reappointing
A M®mber Or Members To The Housing Finance Corporation
Board O'f Directors (Requested By Mayor Pro Tem
Chatman)
The Mayor introduced the. above-mentioned Proposed Resolution.
Acting City Secretary Terri Hanks read the following nomination into the record:
Mayor Pro Tem Chatman's has nominated Mr. Clonie Ambroise to the Housing Finance
Corporation Board of Directors.
Upon the motion of Councilmember Henderson, seconded by Councilmember Albright
and carried unanimously, Proposed Resolution No. 15064 was adopted becoming
Resolution No. 09-031.
Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Flood, Williamson, Wise
and Henderson.
Voting No: None.
The caption of Resolution No. 09-031 reads as follows:
RESOLUTION N0.09-031
A RESOLUTION APPOINTING OR
REAPPOINTING A MEMBER OR MEMBERS
TO THE HOUSING FINANCE
CORPORATION BOARD OF DIRECTORS
(REQUESTED BY MAYOR PRO TEM
CHATMAI~)
(2) P. R. No. 15065 - A Resolution Appointing And/Or
Reappointing A Member Or Members To The Beautification
Commission (Requested By Mayor Pro Tem Chatman)
The Mayor introduced the above-mentioned Proposed Resolution.
Acting~jr Secretary Terri Hanks read the following nominations into the record:
Mayor Pro Tem Chatman's has nominated Mr. Tony Broussard and Mr. Oscar DeJean-
Dwin to the Beautification Commission.
Upon the motion of Councilmember Albright, seconded by Councilmember Henderson
and carried unanimously, Proposed Resolution No. 15065 was adopted becoming
Resolution No. 09-032.
Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Flood, Williamson, Wise
and Henderson.
Voting No: None.
The caption of Resolution No. 09-032 reads as follows:
RESOLUTION N0.09-032
A RESOLUTION APPOINTING AND/OR
REAPPOINTING A MEMBER OR MEMBERS
TO THE BEAUTIFICATION COMMISSION
(REQUESTED BY MAYOR PRO TEM
CHATMAN)
City Council Minutes 6
Regular Meeting -January 27, 2009
(3) P. R. No. 15075 - A Resolution As It Pertains To Rescinding
Resolution No. 08-177 As To Enable The City To Sell Or
Lease Its Property On 4ti' Street
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
and carried unanimously, Proposed Resolution No. 15075 was removed from the
agenda.
Proposed Resolution No. 15075 was removed.
(4) P. R. No. 15076 - A Resolution Adopting A Ceremonial
Street Naming Policy For The City Of Port Arthur
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Williamson, seconded by Councilmember Henderson
and carried unanimously, Proposed Resolution No. 15076 be adopted becoming
Resolution No. 09-033.
Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Flood, Williamson, Wise
and Henderson.
Voting No: None.
The caption of Resolution No. 09-033 reads as follows:
RESOLUTION NO. 09-033
A RESOLUTION ADOPTING A
CEREMONIAL STREET NAMING POLICY
FOR THE CITY OF PORT ARTHUR
Mayor Pro Tem Chatman and Councilmember Beard arrived at the meeting.
(5) P. R. No. 15077 - A Resolution As It Pertains To The Permit
Application Of Triangle Waste
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Albright and seconded by Councilmember
Williamson that Proposed Resolution No. 15077. be removed from the agenda.
The City Attorney requested that Proposed Resolution No. 15077 be held until after
Executive Session.
Councilmember Albright and Councilmember Williamson removed their motion for the
removal of Proposed Resolution No. 15077 from the agenda.
The motion was made by Councilmember Wise and seconded by Councilmember Flood
that Proposed Resolution No. 15077 be tabled.
Councilmember Wise and Councilmember Flood removed their motion to table Proposed
Resolution No. 15077.
The motion was made by Councilmember Williamson and seconded by Mayor Pro Tem
Chatman that Proposed Resolution No. 15077 be tabled.
The following roll call vote was. taken on the motion to table Proposed Resolution No.
15077:
City Council Minutes 7
Regular Meeting -January 27, 2009
Councilmember Albright "Yes"
Councilmember Beard "Yes"
Mayor Pro Tem Chatman "Yes"
Councilmember Flood "Yes"
Councilmember Henderson "No"
Councilmember Segler "Yes"
Councilmember Williamson "Yes"
Councilmember Wise "No"
Mayor Prince "No"
The motion to tabled Proposed Resolution No. 15077 carried over the dissenting votes
of Mayor Prince, Councilmember Henderson and Councilmember Wise.
(6) P. R. No. 15080 - A Resolution Supporting A Census
Committee To Be Appointed By The Mayor In Support Of
The 2010 Census
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Albright, seconded by Mayor Pro Tem Chatman and
carried unanimously, Proposed Resolution No. 15080 was adopted becoming Resolution
No. 09-034.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Flood, Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-034 reads as follows:
RESOLUTION N0.09-034
A RESOLUTION SUPPORTING A CENSUS
COMMITTEE TO BE APPOINTED BY THE
MAYOR IN SUPPORT OF THE 2010
CENSUS
B. Ordinances
(1) P. O. No. 5970 - An Ordinance As It Pertains To ICON
Builders, LLC
The City Manager introduced the above-mentioned Proposed Ordinance.
C~ Attorney Mark Sokolow read the following amendment into the record:
Section 3. That prior to a Release of Lien being signed, a sidewalk will
be constructed on the lot or lots prior to the sale.
Section 4. That if ICON defaults in building, or have built by a third
party prospective home buyers, fifty-six (56) single family residences in
Greenway Pointe Subdivision by December 31, 2015, he will repay the City
a pro-rata portion .(number of homes not completed/56) of $160,000 on
January 1, 2016, with accrued interest at 2% per annum from the date tat
he received said funds.
Section 5. That if the home purchasers do not complete the homes by
December 31, 2015, ICON Builders, LLC will still be required to either
purchase back the. lots and complete construction, or pay apro-rata
portion of $160,000 with interest.
City Council Minutes
Regular Meeting -January 27, 2009
Upon the motion of Councilmember Wise, seconded by Councilmember Williamson and
carried unanimously, Proposed Ordinance No. 5970 was adopted as amended by the
City Attorney.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Flood, Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-05 reads as follows:
ORDINANCE N0.09-05
AN ORDINANCE AS IT PERTAINS TO
ICON BUILDERS, LLC
(2) P. O. No. 5972 - An Ordinance Amending Section 22-161 Of
The Code Of Ordinances As It Pertains To Metal Recycling
Facilities
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Beard, seconded by Councilmember Williamson and
carried unanimously, Proposed Ordinance No. 5972 was adopted becoming Ordinance
No. 09-06.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Flood, Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-06 reads as follows:
ORDINANCE N0.09-06
AN ORDINANCE AMENDING SECTION 22-
161 QF THE CODE OF ORDINANCES AS IT
PERTAINS TO METAL RECYCLING
FACILITIES
C. *Ret~rts And Recommendations
(1) Oc~ber, 2008 Financial Report
Assistant City Manager/Administration Rebecca Underhill presented the above-
mentioned report.
(2) Partnership With The City Of Houston For Economic
Development Administration Application For Investment
Assistance
The City Manager presented the above-mentioned report.
Purchasing Director Shawna Tubbs appeared before the City Council to address
inquiries.
III. PETITIONS 8i'COMMUNICATIONS
A. ~r,~
(i) Cory Jenkins Regarding Practices Of The City's Animal
Control Department -NOT PRESENT
City Council Minutes 9
Regular Meeting -January 27, 2009
(2) Lloyd Hebert And Kevin Morris Regarding Affordable
Housing And Commercial Development
Prairie View A&M University State Coordinator for Economic Development Lloyd Hebert,
995 San Jacinto, Beaumont, Texas, appeared before .the City Council to announce that
the State Economic Development Department has been certified to implement
affordable housing projects and commercial development. Mr. Hebert reported that
they are now working in conjunction with the West Side Development Project
Mr. Kevin Morris, 5515 Roland Drive, Kansas City, Missouri, appeared before the City
Council to discuss the National Non-Profit Group Neighbor Works America.
VIII.. REPORTS OF BOARDS & COMMITTEES -None
IX. *CLOSED MEETING (EXECUTIVE SESSION)
(1) Section 551..071 Government Code - To Discuss With The
City Attorney Potential Litigation Against Williams & Rao,
LP
(2) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To Bell
Street And Drainage
(3) Section 551.071 Government Code - To Discuss With The
City Attorney The Pending Litigation As It Pertains To
Pleasure Island
(4) Section 551.087 Government Code - To Discuss Incentives
As To Commercial, Industrial, And Residential Business
Prospects
(5) Section 551.074 Government Code - To Discuss The
Evaluation Of The Responsibilities And Duties Of The Acting
City Secretary (Requested By Mayor Prince)
(6) Section 551.071 Government Code - To Discuss With The
City Attorney Pending Litigation As It Pertains To Square
Mile Energy
(7) Section 551.074 Government Code - To Discuss The Duties
And Responsibilities Of The City Manager Related To
Personnel Matters
The City Council recessed their Regular Meeting at 9:28 a.m. to meet in Executive
Session to consider the above-mentioned topics, and reconvened their Regular Meeting
at 11:31 a.m. with the following members present: Mayor Prince; Councilmembers
Segler, Albright, Beard,. Williamson and Henderson; City Manager Fitrgibbons; Acting
City Secretary Hanks; City Attorney Sokolow and Sergeant At Arms Deputy Chief of
Police Owens.
The City Council recessed their Regular Meeting at 11:32 a.m. and reconvened their
Regular Meeting at 4:50 p.m. with the following members present: Mayor Prince;
Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Williamson,
Wise and Henderson; City Manager Fitrgibbons; Acting City Secretary Hanks; City
Attorney Sokolow and Sergeant At Arms Deputy Chief of Police Owens.
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting:
City Council Minutes 10
Regular Meeting -January 27, 2009
(5) Section 551.074 Government Code - To Discuss The
Evaluation Of .The Responsibilities And Duties Of The Acting
City Secretary (Requested By Mayor Prince)
(6) Section 551.071 Government Code - To Discuss With The
City Attorney Pending Litigation As It Pertains To Square
Mile Energy
(7) Section 551..074 Government Code - To Discuss The Duties
And Responsibilities Of The City Manager Related To
Personnel Matters
The City Council recessed their Regular Meeting at 4:51 p.m. to meet in Executive
Session to consider the above-mentioned topics, and reconvened their Regular Meeting
at 6:07 p.m. with the following members present: Mayor Prince; Mayor Pro Tem
Chatman; Councilmembers Segler, Albright, Beard, Williamson, Wise and Henderson;
City Manager Fitzgibbons; Acting City Secretary Hanks; City Attorney Sokolow and
Sergeant At Arms Deputy Chief of Police Owens.
V. UNFINISHED BUSINESS
P. O. No. 5960 - An Ordinance Amending Subsection (5) Of
Section 66-3 (A) Of The Code O'f Ordinances As It Pertains To Oil
And Gas Leases And Providing For Publication
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Albright, seconded by Mayor Pro Tem Chatman and
carried unanimously, Proposed Ordinance No. 5960 was removed from the agenda.
Proposed Ordinance No. 5960 was removed.
Upon the motion by Councilmember Albright, seconded by Councilmember Williamson
and carried unanimously, the audio tape used during the Executive Session for the
evaluation of the Acting City Secretary be sealed in an envelope and stored in a secure
place in the Mayor's office.
City Attorney Sokolow read the following motion into the record:
That the City Attorney can proceed to object and to appeal as to protect the City's
interest and authority, as .well as, negotiate a fair settlement that reserves orderly
development in the City's interest. The City Attorney will also obtain information from
the Pleasure Island Commission as to agendas and minutes of the Commission and to
approve the recent orders.
Upon the motion of Councilmember Williamson, seconded by Councilmember Beard and
carried unanimously, the motion as stated by the City Attorney was adopted.
X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Requested Proposed Resolution No. 15075 be reinstated for discussion for
the next City Council Agenda.
Councilmember Williamson requested authorization to discuss Pleasure
Island Commission appointments with Pleasure Island Director Jimmy
Dike.
City Council Minutes 11
Regular Meeting -January 27, 2009
,' 1 _ tl = 1 I '.~
Councilmember Wise requested the evaluation of the City Attorney and
the City Manager for the next City Council Agenda.
X. AD]OURNMENT OF MEETING
Upon the motion Mayor Pro Tem Chatman, seconded by Councilmember Beard, and
carried unanimously, the City Council adjourned their meeting at 6:13 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 7anuary 27, 2009.
APPROVED:
City Council Minutes 12
Regular Meeting -January 27, 2009