HomeMy WebLinkAboutAPRIL 21, 2009 - REGULAR MEETINGREGULAR MEETING -April 21, 2009
I. INVOCATION, PLEDGE & ROLL CALL
Port Arthur Independent School District Board President Lloyd-Marie Johnson gave the
invocation followed with the pledge to the flag.
Student Day in Government members led the pledge to the Texas flag.
The City Council of the City of Port Arthur met in Regular Session on Tuesday, April 21,
2009 at 8:43 a.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., John Beard, Jr., Robert E.
„ „
"Bob" Williamson, Dawana K. Wise and Thomas J. Tom Henderson; City Manager
Steve Fitzgibbons, City Secretary Terri Hanks, City Attorney Mark T. Sokolow, and
Sergeant At Arms Chief of Police Mark Blanton.
Councilmember Martin Flood joined the Regular Meeting at 9:45 a.m.
II. PROCLAMATIONS & MINUTES
Proclamations
"Sexual Assault Awareness and Prevention Month" -April, 2009
"National Crime Victims' Rights Week" -April 13 -19, 2009
Rape and Suicide Crisis of Southeast Texas Primary Prevention Specialist/Education
Coordinator Cindy Fertitta and Community Volunteer Georgine Guillory appeared before
the City Council to accept the two above-mentioned proclamations.
"Elder Abuse Prevention Month" -April, 2009
Adult Protective Services Community Initiative Specialist Stephanie McCoy appeared
before the City Council to accept the above-mentioned.
Minutes -None
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
C. *Reoorts And Recommendations
(3) Report On The Availability Of Generators At The Texas
Facilities Commission
Port Arthur Police OfFcer AI Gillen appeared before the City Council appeared before the
City Council to report on the availability of generators, fueling and emergency
equipment.
Chief of Police Mark Blanton appeared before the City Council to address inquiries
related to an emergency equipment storage facility.
III. PETITIONS & COMMUNICATIONS
A. Speakers
Elias Hernandez And Kevin Johnson Regarding Letting The
Voters Decide On A Possible Licensing Of A Casino In Texas
Don Elias Mexican Food Owner and Founder Elias Hernandez, 3716 Boulder Avenue,
appeared before the City Council as a representative for the Port Arthur Renaissance
Group (PARG) to submit a proposal to promote Port Arthur as a possible gambling
location.
Mr. Kevin Johnson, Gable Ridge Drive, Katy, Texas, appeared before the City Council to
request consideration in support of initiating a voting measure to legalize gambling in
Texas with the designation of Pleasure Island as a casino location.
B. Presentations
(1) Dr. Albert Thigpen Regarding Recognition Of Students In
The Student Day In Government Program
Human Resources Director Albert Thigpen appeared before the City Council to introduce
participants of the Student Day in Government Program.
Mayor Donovan Harris
Mayor Pro Tem Deion Mitchell
District 2 Councilmember Corwin Keal
District 3 Councilmember Jennifer Frazier
District 4 Councilmember Ruth Ackah
District 5 Councilmember Jacob Bearden
District 6 Councilmember Prestin Glover
Position 7 Councilmember William Bailey
Position 8 Councilmember Terynie Victor
City Manager Gregory Davis
City Attorney Donavan Traveler
City Secretary Cedrick Davis
toediscusis thehpos t~voe aspects of the St dentaDaya nlGo pernmen tProg ame City Council
Sabine Pass Independent School District Counselor Randa Hurtado appeared before the
City Council to extend appreciation for allowing SPISD students the opportunity to
participate in the Student Day in Government Program.
(2) Yoshi Alexander, Dr. Albert Thigpen, Ernestine Wade, R.N.,
And Janet Hamilton, R.N., Regarding The 12~' Annual Health
And Wellness Conference - °I AM A SURVIVOR!" -Coping,
Surviving, And Rising Above Disaster -May 01, 2009
Human Resource Director Albert Thigpen, Heaired before theDCity Counchi ~ leea)~nend
and Registered Nurse Janet Hamilton app May 1,
invitations to attend the Twelfth Annual Health and Wellness Summit on Friday,
2009 at the Robert A. 'Bob" Bowers Civic Center.
C. Correspondence
City Secretary Terri Hanks read the following correspondence from Dr. Tommy J. Brown
into the record:
Dr. Tommy 7. Brown
Mark Blanton, Chief of Police
Port Arthur Police Department
645 4~' Street
Port Arthur, Texas 77641
Chief Blanton,
I wish to express my deep appreciation for the recent services provided by
the Street Crimes Unit of the Port Arthur Police Department. A person
had spray painted graffiti on the side of my house. The response by the
unit was immediate. All were very professional, cooperative and helpful.
also assisted in phe removal of thergraffiti fromitthe side of the housee unit
2
City Council Minutes
Regular Meeting -April 21, 2009
The attitude exhibited by the unit is very important for the integrity and
protection of the neighborhood. All residents take pride in their property
and do not want to see the neighborhood degraded by this kind of
activity.
A special thanks to Sgt. Kris Boneau, Officer Mike Hebert, Officer Eli Van
Horn and Officer Heather Primm of the Street Crimes Unit.
Sincerely,
/s/ Dr. Tommy J. Brown
cc: Sgt. Kris Boneau, Port Arthur Street Crimes Unit
Deloris "Bobbie" Prince, Mayor Port Arthur
IV. PUBLIC HEARINGS - 9:00 AM -None
V. UNFINISHED BUSINESS
P. O. No. 6000 - An Ordinance Approving An Agreement Of
Employment For Floyd Batiste As Chief Executive Officer Of The
City Of Port Arthur Section 4A Economic Development Corporation
And Authorizing The City Council Of The City Of Port Arthur To
Execute The Agreement Pursuant To The Bylaws
The Mayor introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Henderson to hold the item until after
Executive Session.
City Attorney Mark Sokolow advised Councilmember Henderson that a closed session
discussion of the Proposed Ordinance was not included in the agenda.
Councilmember Henderson withdrew his motion to hold.
The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember
Albright that Proposed Ordinance No. 6000 be adopted.
Arthur 4A Economic Develo ment Cor oration into the recor
The Port Arthur 4A Economic Development Corporation Chief Executive
Officer will be placed at a Range of 69, Step 8, effective May 1, 2009,
which is presently $106,493.30 per year. Additionally, he will be provided
$500.00 per month automobile allowance.
He must be certified in Economic Development by the International
Economic Development Council no later than March 2011. He must
develop an updated plan for achieving this goal, completing as many of
the requirements as practicable by July 2009 and submit the plan to the
PAEDC for approval no later than July 30, 2009.
He shall receive four (4) weeks vacation annually.
Upon termination, he shall receive six (6) months severance pay and
health and dental insurance benefits.
The PAEDC will provide the full cost of any fidelity and other bonding
requirements.
The agreement includes performance evaluation procedures and an
indemnification clause.
3
City Council Minutes
Regular Meeting -April 21, 2009
The term of the agreement will end September 30, 2010 and with the
inclusion of a continuation clause.
The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember
Albright that Proposed Ordinance No. 6000 be amended as stated-above by the City
Attorney with an effective date of May 1, 2009.
The motion was made by Councilmember Beard and seconded Mayor Pro Tem Chatman
that Proposed Ordinance No. 6000 be amended to state that the contract continue for a
term of three (3) years ending September 30, 2013.
Human Resource Director Albert Thigpen appeared before the City Council to address
inquiries related to the proposed employment agreement and yearly evaluation
requirements.
Councilmember Beard and Mayor Pro Tem Chatman withdrew their motions to amend
the term of the proposed agreement to three (3) years.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
6000 as amended:
Councilmember Albright "Yes"
"
Councilmember Beard "Yes
"
Mayor Pro Tem Chatman °Yes
••No"
Councilmember Henderson "yes"
Councilmember Segler `•Yes"
Councilmember Williamson ^yes°
Councilmember Wise ••yes"
Mayor Prince
Proposed Ordinance No. 6000 was adopted as amended, over the dissenting vote of
Councilmember Henderson, becoming Ordinance No. 09-31
The caption of Ordinance No. 09-31 reads as follows:
ORDINANCE NO. 09-31
AN ORDINANCE APPROVING AN AGREEMENT OF
EMPLOYMENT FOR FLOYD BATISTE AS CHIEF
EXECUTIVE OFFICER OF THE CITY OF PORT ARTHUR
SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION AND AUTHORIZING THE CITY
COUNCIL OF THE CITY OF PORT ARTHUR TO
EXECUTE THE AGREEMENT PURSUANT TO THE
BYLAWS
VI. CONSENT AGENDA
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
and carried unanimously, the following Consent Agenda items were adopted with the
exception of Proposed Resolution No.'s: 15191, 15198 and 15205:
A. Consideration And Approval For The Purchase Of Additional
Emergency Lighting From Emergency Vehicle Equipment
Company In The Amount Of $5,069.07 (Donation From
Patel, Inc.) For Police Department Traffic Units
B. Consideration And Approval Of Awarding A Bid To HD
Supply In The Estimated Amount Of $63,336.91 For Repair
Clamps For The Utility Operations Department
C. Consideration And Approval Of Awarding The Following Bids
For The Utility OperatiSmaDeMetereBoxes~& L'dsrToa HD
To Coburn's Supply;
a
City Council Minutes
Regular Meeting -April 21, 2009
Supply; Traffic-Rated Small AMR Boxes And Lids To
Southeastern Distributors
D. Consideration And Approval Of Awarding A Bid To Energy
Country Ford In The Amount Of $19,939 For The Purchase
Of A Ford Explorer SUV For Code Enforcement
E. Consideration And Approval Of A Subscription
Advertisement Renewal In The Amount Of $6,000 With EI
Perico Spanish Newspaper For A Twelve Month Period
(March, 2009 -February, 2010)
F. Consideration And Approval Of Payment To Lamar Institute
Of Technology In The Amount Of $5,013.06 For Tuition Fees
For The Fire Academy And The EMS Academy
G. Consideration And Approval Of Awarding A Bid To Double W
Services In The Amount Of $29,000 For
Repairing/Refurbishing Commercial Refuse Containers For
The Public Works Department (Solid Waste Division)
H. Exuense Reports:
Councilmember Dawana Kay Wise:
Attended National League Of Cities Conference
Washington, DC $ 3,164.77
March 11-17, 2009
City Manager Steve Fitrgibbons:
Attended A Business Meeting
Washington, DC $ 1,230.83
March 31-April 2, 2009
City Attorney Mark T. Sokolow:
File Document At Courthouse
Beaumont, TX $ 22 25
April 13, 2009
Resolutions -Consent
(1) P. R. No. 15177 - A Resolution Authorizing The City
Manager To Execute Two (2) Contracts Between The City Of
Port Arthur And The Port Arthur American Little League
Organization, For The Barbara Jacket Little League Field At
Barbara jacket Park And Sal Grado Field At Pioneer Park
Proposed Resolution No. 15177 was adopted becoming Resolution No. 09-141.
(2) P. R. No. 15178 - A Resolution Authorizing The City
Manager To Execute Two (2) Contracts Between The City Of
Port Arthur And Bellaire Softball League Organization, For
The Use Of Stephen's Field And Eli Stelly Baseball Fields On
Cecil Reynolds Park
Proposed Resolution No. 15178 was adopted becoming Resolution No. 09-142.
(3) P. R. No. 15179 - A Resolution Authorizing The City
Manager To Execute Three (3) Contracts Between The City
Of Port Arthur And Port Acres Little League Organization,
For The Use Of City Baseball Fields At Miguez, Pee Wee, And
Eagles Field
Proposed Resolution No. 15179 was adopted becoming Resolution No. 09-143.
s
City Council Minutes
Regular Meeting -April 21, 2009
(4) P. R. No. 15191 - A Resolution Authorizing The City
Manager To Execute A Contract Between The Port Arthur
Hispanic Baseball League And The City Of Port Arthur For
The Use Of Leger Baseball Field At Pioneer Park From April
21, 2009 Through November 30, 2009
Proposed Resolution No. 15191 was held for individual discussion.
(5) P. R. No. 15195 - A Resolution Accepting The Automatic
Increase In Access Line Rates As Calculated By Public Utility
Commission, As It Pertains To The Amount Of Revenues The
City Will Receive And As It Pertains To Their Allocation Of
Rates For Residential, Non-Residential And Point To Point
Customers
Proposed Resolution No. 15195 was adopted becoming Resolution No. 09-144.
(6) P. R. No. 15196 - A Resolution Approving A Water And
Sewer Adjustment To The Aquila Golf Babe Zaharias
Account 51785-89620
Proposed Resolution No. 15196 was adopted becoming Resolution No. 09-145.
(7) P. R. No. 15198 - A Resolution Authorizing An Application
With The Texas Department Of Housing And Community
Affairs (TDHCA) For The Implementation Of Newly
Authorized Neighborhood Stabilization Program (NSP) As
Authorized By The Housing And Economic Recovery Act Of
2008
Proposed Resolution No. 15198 was held for individual discussion.
(g) P. R. No. 15199 - A Resolution Calling For A Public Hearing
To Consider A Zoning Change "SF" (Single-Family) To "LC"
(Light Commercial) For A Portion Of Lot #11, Block 1 And
12, Of Port Acres Addition, An Acre Lot Also Described As
6555 Jade Avenue (AKA Avenue B) Texas a Port Acres
Addition, Port Arthur, Jefferson County,
Proposed Resolution No. 15199 was adopted becoming Resolution No. 09-146.
(9) P. R. No. 15204 - A Resolution Authorizing The City
Manager To Make Application And Receive Funding Through
The Recovery Act: 2009 Edward Byrne Memorial ]ustice
Assistance Grant (JAG) Program And To Execute An
Interlocal Agreement With Jefferson County And The Cities
Of Beaumont, Nederland, Groves, Port Neches In Order To
Reallocate Justice Assistance Grant Funds In The Amount Of
$171,332 A located To The City Of Port Arthurhe Amount Of
Proposed Resolution No. 15204 was adopted becoming Resolution No. 09-147.
(10) P. R. No. 15205 - A Resolution Authorizing The Execution Of
A Purchase Agreement With Voice Print International, Inc.
For The Voice Recording System For The Police/Fire
Dispatch Center
Proposed Resolution No. 15205 was held for individual discussion.
(11) P. R. No. 15206 - A Resolution Authorizing The City
Manager To Execute Three (3) Contracts Between The City
Of Port Arthur And Port Arthur Pony League Organization,
6
City Council Minutes
Regular Meeting -April 21, 2009
For The Use Of Senior, O'Neil, And Dr. U. G. Gibson Fields At
Adams Park
Proposed Resolution No. 15206 was adopted becoming Resolution No. 09-148.
(12) P. R. No. 15208 - A Resolution Authorizing The Police Chief
To Spend Up To $35,000 For The Purchase Of Three Patrol
Dogs And The Training Of Three Canine Officers
Proposed Resolution No. 15208 was adopted becoming Resolution No. 09-149.
(13) P. R. No. 15214 - A Resolution Approving The 2009 City
Streets Program In The City Of Port Arthur, With Funding
Available In The FY 2009 General Fund Budget 001-1203-
531.86-00
Proposed Resolution No. 15214 was adopted becoming Resolution No. 09-150.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
Consent -Resolutions
(4) P. R. No. 15191 - A Resolution Authorizing The City
Manager To Execute A Contract Between The Port Arthur
Hispanic Baseball League And The City Of Port Arthur For
The Use Of Leger Baseball Field At Pioneer Park From April
21, 2009 Through November 30, 2009
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Albright and seconded by Councilmember
Henderson that Proposed Resolution No. 15191 be adopted.
Human Resource Director Albert Thigpen appeared before the City Council to address
inquiries related to concession stand options.
Community Services Director Lawrence Baker appeared before the City Council to
discuss construction guidelines.
Proposed Resolution No. 15191 was adopted becoming Resolution No. 09-151.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-151 reads as follows:
RESOLUTION NO. 09-151
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT BETWEEN THE PORT
ARTHUR HISPANIC BASEBALL LEAGUE AND THE CITY
OF PORT ARTHUR FOR THE USE OF LEGER BASEBALL
FIELD AT PIONEER PARK FROM APRIL 21, 2009
THROUGH NOVEMBER 30, 2009
(7) P. R. No. 15198 - A Resolution Authorizing An Application
With The Texas Department Of Housing And Community
Affairs (TDHCA) For The Implementation Of Newly
Authorized Neighborhood Stabilization Program (NSP) As
Authorized By The Housing And Economic Recovery Act Of
2008
City Council Minutes ~
Regular Meeting -April 21, 2009
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember
Albright that Proposed Resolution No. 15198 be adopted.
City Manager Steve Fitzgibbons reported on the implementation of a Neighborhood
Stabilization Program.
Councilmember Albright left the Council Chamber.
Proposed Resolution No. 15198 was adopted becoming Resolution No. 09-152.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-152 reads as follows:
RESOLUTION NO. 09-152
A RESOLUTION AUTHORIZING AN APPLICATION
WITH THE TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS (TDHCA) FOR THE
IMPLEMENTATION OF NEWLY AUTHORIZED
NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
AS AUTHORIZED BY THE HOUSING AND ECONOMIC
RECOVERY ACT OF 2008
Councilmember Albright returned to the Council Chamber.
(10) P. R. No. 15205 - A Resolution Authorizing The Execution Of
A Purchase Agreement With Voice Print International, Inc.
For The Voice Recording System For The Police/Fire
Dispatch Center
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember
Williamson that Proposed Resolution No. 15205 be adopted.
First Assistant City Attorney Valecia Tizeno appeared before the City Council to discuss
and distribute copies of the proposed agreement.
Legal Intern Jeffery Jannise appeared before the City Council to state that the
jurisdiction of the agreement was changed from Ventura County, California to Jefferson
County, Texas.
Proposed Resolution No. 15205 was adopted becoming Resolution No. 09-153.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-153 reads as follows:
RESOLUTION NO. 09-153
A RESOLUTION AUTHORIZING THE EXECUTION OF A
PURCHASE AGREEMENT WITH VOICE PRINT
INTERNATIONAL, INC. FOR THE VOICE RECORDING
SYSTEM FOR THE POLICE/FIRE DISPATCH CENTER
City Council Minutes 8
Regular Meeting -April 21, 2009
A. Resolutions
(i) P. R. No. 15124 - A Resolution Approving A Purchase
Agreement With Margie Ferguson For An Easement
The above-mentioned item was held after the Executive Session.
(2) P. R. No. 15125 - A Resolution Approving A Purchase
Agreement With Jerry Norris For Tracts A And B Adjacent To
Bell Street
The above-mentioned item was held after the Executive Session.
(3) P. R. No. 15200 - A Resolution As It Pertains To Retaining
Dr. Hutchins For The Local Business Enterprise Program
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Albright, seconded by Councilmember Henderson
and carried unanimously, Proposed Resolution No. 15200 was adopted becoming
Resolution No. 09-154.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-154 reads as follows:
RESOLUTION NO. 09-154
A RESOLUTION AS IT PERTAINS TO RETAINING DR.
HUTCHINS FOR THE LOCAL BUSINESS ENTERPRISE
PROGRAM
(4) P. R. No. 15201 - A Resolution Appointing A Committee As
It Pertains To The Homeless Prevention Program
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Albright and seconded by Mayor Pro Tem
Chatman that Proposed Resolution No. 15201 be adopted.
City Manager Steve Fitrgibbons recommended consideration in appointing Health
Director Yoshi Alexander, Human Resources Director Albert Thigpen and community
homeless prevention agency representatives.
The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem
Chatman that Proposed Resolution No. 15201 be tabled.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Beard, Wise and Henderson.
Voting No: Councilmember Williamson.
Proposed Resolution No. 15201 was tabled over the dissenting vote of Councilmember
Williamson.
(5) P. R. No. 15202 - A Resolution Accepting A Water Utilities
Easement From The Housing Authority Of The City Of Port
Arthur For The Construction, Installation, Laying, And
Maintaining Of Water Utilities In The City Of Port Arthur
The Mayor introduced the above-mentioned Proposed Resolution.
City Council Minutes 9
Regular Meeting -April 21, 2009
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
and carried unanimously, Proposed Resolution No. 15202 was tabled.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Beard, Williamson, Wise and Henderson.
Voting No: None.
Proposed Resolution No. 15202 was tabled.
(6) P. R. No. 15203 - A Resolution Authorizing Acceptance Of
An Engineer's Certificate Of Completion From Arceneaux &
Gates Consulting Engineers, Inc., And A Contractor's
Certificate And Release, And Contractor's Certificate Of
Guarantee From Brownstone Construction, Ltd For The
Completion Of The Public Water System Improvements
Serving Gulf Breeze II Apartments, And Authorizing The
City Manager To Sign The Certificate Of Acceptance On
Behalf Of The City Of Port Arthur, Texas
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
and carried unanimously, Proposed Resolution No. 15203 was tabled.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Beard, Williamson, Wise and Henderson.
Voting No: None.
Proposed Resolution No. 15203 was tabled.
Councilmember Flood joined the Regular Meeting at 9:45 a.m.
(7) P. R. No. 15207 - A Resolution Authorizing The Mayor To
Sign A Letter Of Support To The Department Of Energy For
The Terrabon Project
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Albright and seconded by Councilmember
Segler that Proposed Resolution No. 15207 be tabled.
City Manager Steve Fitzgibbons addressed inquiries regarding the proposed project.
Councilmember Albright and Councilmember Segler removed their motions to table
Proposed Resolution No. 15207.
The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember
Williamson that Proposed Resolution No. 15207 be adopted.
Proposed Resolution No. 15207 was adopted becoming Resolution No. 09-155.
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. 09-155 reads as follows:
RESOLUTION NO. 09-155
City Council Minutes Ia
Regular Meeting -April 21, 2009
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
A LETTER OF SUPPORT TO THE DEPARTMENT OF
ENERGY FOR THE TERRABON PROJECT
(8) P. R. No. 15210 - A Resolution Terminating The Contract
For Emergency Services With Orange County Emergency
Services District No. 2
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Williamson and seconded by Councilmember
Albright that Proposed Resolution No. 15210 be adopted.
Councilmember Williamson discussed related pending Legislation.
City Manager Steve Fitzgibbons addressed inquiries regarding the proposed termination
agreement.
Councilmember Flood left the Council Chamber.
Proposed Resolution No. 15210 was adopted becoming Resolution No. 09-156.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-156 reads as follows:
RESOLUTION NO. 09-156
A RESOLUTION TERMINATING THE CONTRACT FOR
EMERGENCY SERVICES WITH ORANGE COUNTY
EMERGENCY SERVICES DISTRICT NO. 2
(9) P. R. No. 15213 - A Resolution Appointing Or Reappointing
Members To The Board Of Directors Of The Port Arthur
Health Facilities Development Corporation And Appointing
Officers
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Albright and seconded by Mayor Pro Tem
Chatman that Proposed Resolution No. 15213 be adopted.
The following Councilmembers were appointed to the Port Arthur Health Facilities
Development Corporation:
Mayor Deloris "Bobbie" Prince
District 2 Councilmember Elizabeth "Liz Segler
District 3 Councilmember Morris Albright, III
District 6 Councilmember Robert E. "Bob" Williamson
Position 8 Councilmember Thomas ]. Henderson
Proposed Resolution No. 15213 was adopted becoming Resolution No. 09-157.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-157 reads as follows:
RESOLUTION NO. 09-157
City Council Minutes
Regular Meeting -April 21, 2009
A RESOLUTION APPOINTING OR REAPPOINTING
MEMBERS TO THE BOARD OF DIRECTORS OF THE
PORT ARTHUR HEALTH FACILITIES DEVELOPMENT
CORPORATION AND APPOINTING OFFICERS
(10) P. R. No. 15215 - A Resolution Authorizing An Agreement
With Waters Consulting Group, Inc To Perform A Market
Update And Analysis Of The City Of Port Arthur's Wage And
Compensation Plan At A Cost Not To Exceed $25,000.
Account No. 001-1041-516.54-00
The Mayor introduced the above-mentioned Proposed Resolution.
Councilmember Flood returned to the Council Chamber.
The motion was made by Councilmember Albright and seconded by Councilmember
Williamson that Proposed Resolution No. 15215 be adopted.
Human Resources Director Albert Thigpen appeared before the City Council to address
inquiries regarding the City's Wage and Compensation Plan.
Assistant City Manager/Administration Rebecca Underhill appeared before the City
Council to discuss current financial information.
Proposed Resolution No. 15215 was adopted, over the dissenting vote of Mayor Pro
Tem Chatman, becoming Resolution No. 09-158.
Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Flood, Beard, Williamson,
Wise and Henderson.
Voting No: Mayor Pro Tem Chatman.
The caption of Resolution No. 09-158 reads as follows:
RESOLUTION NO. 09-158
A RESOLUTION AUTHORIZING AN AGREEMENT WITH
WATERS CONSULTING GROUP, INC TO PERFORM A
MARKET UPDATE AND ANALYSIS OF THE CITY OF
PORT ARTHUR'S WAGE AND COMPENSATION PLAN
AT A COST NOT TO EXCEED $25,000. ACCOUNT NO.
001- 1041-516.54-00
(11) P. R. No. 15216 - A Resolution As It Pertains To Retaining A
Collection Firm
The above-mentioned Proposed Resolution was held after the F~cecutive Session.
(12) P. R. No. 15217 - A Resolution Authorizing Acceptance Of
The Certificate Of Completion, Contractor's Certificate And
Release, And Contractors' Certificate Of Guaranty For The
Completion Of Public Improvements (Roads, Storm Sewers,
Water System And Sanitary Sewers) To Serve Phase I Of
Vista Village And Authorizing The City Manager To Sign
Certificate Of Acceptance
The Mayor introduced the above-mentioned Proposed Resolution
The motion was made by Councilmember Albright and seconded by Mayor Pro Tem
Chatman that Proposed Resolution No. 15217 be adopted.
Public Works Director Ross Blackketter appeared before the City Council to address
inquiries regarding street lighting.
City Council Minutes 12
Regular Meeting -April 21, 2009
Proposed Resolution No. 15217 was adopted becoming Resolution No. 09-159.
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. 09-159 reads as follows:
RESOLUTION NO. 09-159
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE
CERTIFICATE OF COMPLETION, CONTRACTOR'S
CERTIFICATE AND RELEASE, AND CONTRACTOR'S
CERTIFICATE OF GUARANTY FOR THE COMPLETION
OF PUBLIC IMPROVEMENTS (ROADS, STORM
SEWERS, WATER SYSTEM AND SANITARY SEWERS)
TO SERVE PHASE I OF VISTA VILLAGE AND
AUTHORIZING THE CITY MANAGER TO SIGN
CERTIFICATE OF ACCEPTANCE
B. Ordinances
(1) P. O. No. 5987 - An Ordinance Amending Section 114-76 Of
The Code Of Ordinances As It Pertains To The Issuance Of
Taxicab Drivers Permits
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Williamson and seconded by Councilmember
Henderson that Proposed Ordinance No. 5987 be adopted.
Chief of Police Mark Blanton appeared before the City Council to acknowledge that he
would approve the issuance of taxicab driver permits.
Proposed Ordinance No. 5987 was adopted becoming Ordinance No. 09-32.
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. 09-32 reads as follows:
ORDINANCE NO. 09-32
AN ORDINANCE AMENDING SECTION 114-76 OF THE
CODE OF ORDINANCES AS IT PERTAINS TO THE
ISSUANCE OF TAXICAB DRIVERS PERMTTS
(2) P. O. No. 5998 - An Ordinance Maintaining The Rates To Be
Charged By Texas Gas Service For Gas Service For
Customers In The City Of Port Arthur, Texas; Finding That
The Meeting Complies With The Open Meetings Act; And
Declaring An Effective Date For This Ordinance
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Henderson, seconded by Mayor Pro Tem Chatman
and carried unanimously, Proposed Ordinance No. 5998 was adopted becoming
Ordinance No. 09-33.
City Council Minutes I'
Regular Meeting -April 21, 2009
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. 09-33 reads as follows:
ORDINANCE NO.09-33
AN ORDINANCE MAINTAINING THE RATES TO BE
CHARGED BY TEXAS GAS SERVICE FOR GAS SERVICE
FOR CUSTOMERS IN THE CITY OF PORT ARTHUR,
TEXAS; FINDING THAT THE MEETING COMPLIES
WITH THE OPEN MEETINGS ACT; AND DECLARING
AN EFFECTIVE DATE FOR THIS ORDINANCE
(3) P. O. No. 5999 - An Ordinance Amending Section 10-164 Of
The Code Of Ordinances As It Pertains To The Restraints
Imposed On Pets, Providing For A Penalty Not To Exceed
$500 Per Day, And Providing For Publication
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Beard and seconded by Councilmember
Albright that Proposed Ordinance No. 5999 be adopted.
Community Services Director Lawrence Baker appeared before the City Council to
address inquires regarding the proposed code amendment regarding pets.
The motion was made by Councilmember Williamson and seconded by Councilmember
Segler that Proposed Ordinance No. 5999 be amended to remove all references to
leashing or fencing of cats.
The motion to amend Proposed Ordinance No. 5999 carried.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Flood, Beard, Williamson, Wise and Henderson.
Voting No: None.
The motion was made by Councilmember Williamson and seconded by Councilmember
Segler that Proposed Ordinance No. 5999 be tabled with the above-mentioned
amendment.
Proposed Ordinance No. 5999 was tabled.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Flood, Beard, Williamson, Wise and Henderson.
Voting No: None.
City Secretary Terri Hanks left the Regular Meeting at 11:22 a.m. and Assistant City
Secretary Sherri Bellard assumed her duties as City Secretary.
The City Council recessed their meeting at 11:22 a.m. and reconvened their meeting at
1:10 p.m. with the following members present: Mayor Prince; Councilmembers Segler,
Albright, Williamson, and Henderson; City Manager Fitzgibbons; Assistant City Secretary
Bellard; City Attorney Sokolow and Sergeant At Arms Chief Blanton.
Councilmember Beard joined the Regular Meeting at 1:15 p.m.
Mayor Pro Tem Chatman joined the Regular Meeting at 1:30 p.m.
Councilmember Wise joined the Regular Meeting at 1:32 p.m.
City Council Minutes l4
Regular Meeting -April 21, 2009
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
(4) P. O. No. 6002 - An Ordinance Amending Section 78-269 Of
The Code Of Ordinances As It Pertains To Travel Expenses
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Henderson, seconded by Councilmember Albright
and carried unanimously, Proposed Ordinance No. 6002 was adopted becoming
Ordinance No. 09-34.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-34 reads as follows:
ORDINANCE NO. 09-34
AN ORDINANCE AMENDING SECTION 78-269 OF THE
CODE OF ORDINANCES AS IT PERTAINS TO TRAVEL
EXPENSES
(5) P. O. No. 6003 - An Ordinance Amending Section 2-296 Of
The Code Of Ordinances As It Pertains To Arrearages And
Developers
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Albright, seconded by Councilmember Henderson,
and carried unanimously, Proposed Ordinance No. 6003 was adopted becoming
Ordinance No. 09-35.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-35 reads as follows:
ORDINANCE NO. 09-35
AN ORDINANCE AMENDING SECTION 2-296 OF THE
CODE OF ORDINANCES AS IT PERTAINS TO
ARREARAGES AND DEVELOPERS
C. *Reports And Recommendations
(1) ]anuary & February, 2009 Financial Reports
Assistant City Manager/Administration Rebecca Underhill appeared before the City
Council to present the above-mentioned report.
Chief of Police Mark Blanton appeared before the City Council to address inquiries
regarding current police enforcement of license plate camera technology.
(2) Report On Hurricane Ike Recovery 8c Stimulus Recovery
Chief of Police Mark Blanton appeared before the City Council to discuss crime
enforcement grant funding and current grant applications.
Assistant City Manager/Administration Rebecca Underhill appeared before the City
Council to report on hurricane and stimulus recovery.
City Council Minutes 15
Regular Meeting -April 21, 2009
City Manager Steve Fitzgibbons appeared before the City Council to address grant
application efforts and funding availability. The City Manager reported on Texas Water
Development Board grant acquisition efforts.
(3) Report On The Availability Of Generators At The Texas
Facilities Commission
The above-mentioned report was previously discussed.
VIII. REPORTS OF BOARDS & COMMITTEES -None
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meetin4:
(i) Section 551.087 Government Code - To Discuss Incentives
For Commercial, Residential, And Industrial Business
Prospects
(2) Section 551.072 Government Code - To Discuss The Value
Of Land At Or Adjacent To Bell Street
(3) Section 551.072 Government Code - To Discuss The Value
Of Land In Sabine Pass Adjacent To Highway 87
(4) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Collection Litigation
The City Council recessed their meeting at 1:50 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 3:13 p.m. with
the following members present: Mayor Prince; Mayor Pro Tem Chatman;
Councilmembers Segler, Albright, Beard, Williamson, Wise and Henderson; City
Manager Fitzgibbons; Assistant City Secretary Bellard; City Attorney Sokolow and
Sergeant At Arms Chief Blanton.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
(1) P. R. No. 15124 - A Resolution Approving A Purchase
Agreement With Margie Ferguson For An Easement
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Beard
and carried unanimously, Proposed Resolution No. 15124 was adopted becoming
Resolution No. 09-160.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-160 reads as follows:
RESOLUTION NO. 09-160
A RESOLUTION
AGREEMENT WITH
EASEMENT
APPROVING A PURCHASE
MARGIE FERGUSON FOR AN
City Council Minutes
Regular Meeting -April 21, 2009
i6
(2) P. R. No. 15125 - A Resolution Approving A Purchase
Agreement With Jerry Norris For Tracts A And B Adjacent To
Bell Street
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Beard and seconded by Councilmember
Henderson that Proposed Resolution No. 15125 be adopted.
The motion was made by Councilmember Beard and seconded by Councilmember
Henderson that Proposed Resolution No. 15125 be adopted with a purchase agreement
in the amount of $9,000.
Proposed Resolution No. 15125 was adopted, as amended, becoming Resolution No.
09-161.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-161 reads as follows:
RESOLUTION NO. 09-161
A RESOLUTION APPROVING A PURCHASE
AGREEMENT WITH JERRY NORRIS FOR TRACTS A
AND B ADJACENT TO BELL STREET
(ii) P. R. No. 15216 - A Resolution As It Pertains To Retaining A
Collection Firm
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Williamson, seconded by Mayor Pro Tem Chatman
and carried unanimously, Proposed Resolution No. 15216 was tabled.
Proposed Resolution No. 15216 was tabled.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Beard, Williamson, Wise and Henderson.
Voting No: None.
MOTION FROM EXECUTIVE SESSION
A motion was made by Councilmember Albright, seconded by Councilmember
Williamson and carried unanimously, authorizing the City Attorney to begin litigation
and purchase negotiations of property adjacent to Highway 87 and Broadway in Sabine
Pass.
Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright,
Beard, Williamson, Wise and Henderson.
Voting No: None.
X. FUTURE AGENDA TTEMS OR REQUESTED REPORTS
Councilmember Albright:
Councilmember Albright requested a storm water drainage report for Garnet Street and
Highway 365.
City Council Minutes 17
Regular Meeting -April 21, 2009
Councilmember Williamson:
1. Councilmember Williamson acknowledged Community Services Director Lawrence
Baker and Chief of Police Mark Blanton for their efforts in enforcement of
itinerant vendors.
2. Requested an inspection report on an unkept swimming pool at the Pleasure
Island Condominium location.
3. Requested maintaining communications with the Pleasure Island Commission to
resolve issues regarding the sale of land.
4, Requested a report on Senate Bill 700 concerning tax roll back elections.
Councilmember Wise:
Councilmember Wise requested an agenda item to discuss the Ninth Avenue Recreation
Center renovations.
Mavor Prince•
1. Mayor Prince requested establishing a Clean and Green City Committee.
2. Requested that the City participate in monthly community events.
Mavor Pro Tem Chatman:
1. Mayor Pro Tem Chatman requested a report on acquiring abandoned property.
2. Requested a report on the Complaint Committee.
3. Requested a report on the Grant Administrator position.
XI. ADJOURNMENT OF MEETING
Upon the motion by Mayor Pro Tem Chatman, seconded by Councilmember Williamson,
and carried unanimously, the City Council adjourned their meeting at 3:32 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 nBOBBIE" PRINCE
ATTEST:
CITY SECRETARY TERRI HANKS
END OF REGULAR MEETING HELD APRIL 21, 2009.
APPROVED:
City Council Minutes ~ 8
Regular Meeting -April 21, 2009