HomeMy WebLinkAboutJUNE 16, 2009 REGULAR MEETINGREGULAR MEETING - ]une 16, 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 Port Arthur met in Regular Session on Tuesday, June 16,
2009 at 8:41 a.m. in the City Council Chamber, City Hall, with the following members
present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Elizabeth "Liz" Segler;
Councilmembers Morris Albright, III, 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 8:45 a.m.
Councilmember Jack Chatman, Jr. joined the Regular Meeting at 8:58 a.m.
Councilmember John Beard, Jr. was absent from the Regular Meeting.
II. PROCLAMATIONS & MINUTES
Proclamations -None
Minutes
April 21, 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. Speakers
James Fedrick Regarding Area lobs -Not Present
B. Presentations
Presentation By Lois Cornwell & Dr. Albert Thigpen
Regarding "Public Sector Employer Of Excellence°
Human Resource Director Albert Thigpen appeared before the City Council to introduce
Workforce Solutions Managing Director Lois Cornwell.
Workforce Solutions Managing Director Lois Cornwell, 2901 Turtle Creek Drive,
appeared before the City Council to present Texas Workforce Center's "Public Sector
Employer of Excellence" award.
Councilmember Martin Flood arrived at 8:45 a.m.
C. Correspondence -None
V. UNFINISHED BUSINESS
(1) P. R. No. 15246 - A Resolution As It Pertains To A Purchase
Agreement For Property In Sabine Pass For A Community
Center And Adjacent Recreational Facilities
Proposed Resolution No. 15246 was held after the Executive Session.
(2) P. R. No. 15291 - A Resolution Appointing A Member To
The Grievance Board For The Local Business Enterprise
Program
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Albright and seconded by Councilmember
Henderson that Proposed Resolution No. 15291 be adopted.
The motion was made by Councilmember Albright and seconded by Mayor Pro Tem
Segler that Proposed Resolution No. 15291 be adopted with the appointment of Mayor
Deloris "Bobbie" Prince to the Local Business Enterprise Program's Grievance Board.
Proposed Resolution No. 15291 was adopted with the appointment of Mayor Prince,
becoming Resolution No. 09-242.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Flood,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-242 reads as follows:
RESOLUTION NO. 09-242
A RESOLUTION APPOINTING A MEMBER TO THE
GRIEVANCE BOARD FOR THE LOCAL BUSINESS
ENTERPRISE PROGRAM
(3) P. R. No. 15295 - A Resolution As It Pertains To Members
Of The Pleasure Island Commission
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Albright and seconded by Councilmember
Williamson that Proposed Resolution No. 15295 be adopted.
The motion was made by Councilmember Albright and seconded by Councilmember
Williamson that Proposed Resolution No. 15295 be tabled.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Flood,
Williamson, Wise and Henderson.
Voting No: None.
Proposed Resolution No. 15295 was tabled.
(4) P. O. No. 6007 - An Ordinance Approving New Guidelines
For The Sale Of Property On Pleasure Island
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
and carried unanimously, Proposed Ordinance No. 6007 was adopted becoming
Ordinance No. 09-45.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Flood,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-45 reads as follows:
City Council Minutes 2
Regular Meeting -June 16, 2009
ORDINANCE NO. 09-45
AN ORDINANCE APPROVING NEW GUIDELINES FOR
THE SALE OF PROPERTY ON PLEASURE ISLAND
VI. CONSENT AGENDA
Upon the motion of Councilmember Williamson, seconded by Councilmember Albright
and carried unanimously, the following Consent Agenda items were adopted with the
exception of Proposed Resolutions No. 15294, 15315 and 15317:
A. Consideration And Approval Of Payment To Texas
Municipal League In The Amount Of $5,129 For League
Services Including Texas Town & City Magazine (July, 2009
-June, 2010)
B. Consideration And Approval Of Payment To A8eA Electric
Company, Beaumont, TX In The Amount Of $10,308.23 For
The Installation Of A 60KW Generator At The Central Fire
Station
C. Consideration And Approval Of Payment To GT Distributors,
Austin, TX (Through BuyBoard For Cooperative Purchasing)
In The Amount Of $7,500 For The Purchase Of Body Armor
For The Police Department
D. Consideration And Approval To Reject The Bids Received
For The Purchase Of A One-Ton Pickup-Truck For The
Transit Department And Authorization To Re-Bid
E. Consideration And Approval Of Payment To Law
Enforcement Associates, Inc., Raleigh, NC In The Amount
Of $6,378 For The Purchase Of A Graffiti CAM System For
The Police Department
F. Consideration And Approval Of Payment To TNT Ready-Mix,
Nederland, TX In The Amount Of $7,010 For Concrete Mix
Purchased For The 2009 Public Works Streets, Drainage
And Landfill Projects
G. Consideration And Approval Of Payment To CDW-G,
Chicago, IL In The Amount Of $48,105.08 For The Purchase
Of Twelve Mobile Data Terminals (With Installation And
Accessories) For The Fire Department
H. Consideration And Approval Of Payment To All-Phase
Electric Supply Company, Groves, TX In The Amount Of
$17,941.17 For An Uninterruptible Power System To
Support The City's Computing And Networking Resources
I. Consideration And Approval Of Payment To Rural Pipe &
Supply, Jasper, TX For The Purchase Of Small AMR Meters
For The Utility Operations Department
]. Consideration And Approval Of Payment To Brazos
Technology, College Station, TX In The Amount Of $18,494
For The Purchase Of Four Electronic Handheld Ticket
Writers For The Community Services Department And
Municipal Court
K. Consideration And Approval Of Payment To Benjamin
Franklin Plumbing, Groves, TX In The Amount Of $7,000
For Plumbing Repairs At Lakeview Pool
City Council Minutes 3
Regular Meeting -June 16, 2009
L. Consideration And Approval Of Payment To Gillespie's
Engine Service, Port Arthur, TX In The Amount Of $9,496
For Repairs To A 1993 Elgin Sweeper (Equipment #963)
For The Public Works Department (Drainage Division)
M. Consideration And Approval Of Payment To Smart's Truck
And Trailer In The Amount Of $6,522.56 For Repairs To
Trash Truck #1232 For The Public Works-Solid Waste
Division
N. Consideration And Approval Of Payment To The Shop Of
Port Arthur, Texas, In The Amount Of $10,400.00 For
Engine Replacement Unit #1463 For A 2002 Ford F-350
Super Crew Truck, For The Utilities Department -Water
Distribution Division
Resolutions -Consent
(1) P. R. No. 15294 - A Resolution Authorizing A Contract
Approval To Create A "Presence" On The City's Website, To
Ensure More Accurate Maps And Timely Dispersal Of
Planning Related Information To The Public (Grant-5307-
PA-TRANSIT, Account No. 401-1504-561.92-00)
Proposed Resolution No. 15294 was held for individual discussion after the Executive
Session.
(2) P. R. No. 15304 - A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
Proposed Resolution No. 15304 was adopted becoming Resolution No. 09-243.
(3) P. R. No. 15305 - A Resolution Authorizing The Renewal Of
A Contract With Grasshopper Lawn Service For Grass
Cutting Services Of Privately-Owned And City-Owned
Developed Lots In An Area Of The City Designated As Area
D, To Be Charged To Account No. 001-1401-551.59-00
Proposed Resolution No. 15305 was adopted becoming Resolution No. 09-244.
(4) P. R. No. 15312 - A Resolution Authorizing A Work Activity
Agreement With Workforce Solutions Of Southeast Texas
(PowerZone) -Summer Employment
Proposed Resolution No. 15312 was adopted becoming Resolution No. 09-245.
(5) P. R. No. 15313 - A Resolution Authorizing A Work Activity
Agreement With Workforce Solutions Of Southeast Texas
(PowerZone) For 2009 Summer Community Projects
Program - °One Block At A Time"
Proposed Resolution No. 15313 was adopted becoming Resolution No. 09-246.
(6) P. R. No. 15314 - A Resolution Calling For A Public Hearing
To Consider Granting A Specific Use Permit Z09-02 (SUP
#208) For A Cellular Communication Tower (Verizon
Wireless) On 6401 S. Twin City Highway, A 0.0910 Acre
Tract Remnant Of Tract 116-D, That Is 3.667 Acres, Of The
T.F. McKinney League Division 4, A-41, City Of Port Arthur,
Jefferson County, Texas
Proposed Resolution No. 15314 was adopted becoming Resolution No. 09-247.
City Council Minutes 4
Regular Meeting -June 16, 2009
(7) P. R. No. 15315 - A Resolution Authorizing The City
Manager To Enter Into Agreements, Not To Exceed Seven
Thousand One Hundred Dollars ($7,100), With L.A.W.
Academy, Inc. And Vanessa Washington, On Behalf Of The
Port Arthur Weed And Seed Initiative; Account No. 114-
1051-517-59-00 (WS0701)
Proposed Resolution No. 15315 was held for individual discussion.
(8) P. R. No. 15317 - A Resolution Calling For A Public Hearing
Regarding The City Filing For An Application In Regards To
The Neighborhood Stabilization Plan-Round Two (2). This
Area Will Be Bounded By Highway 347 (Twin City/Jefferson
Drive) To The East, Highway 87 (Gulfway) Northbound,
Lakeshore Drive To The South And All Areas Not Covered
By Round One West That Lies Between DeQueen And
Martin Luther King Junior Drive Westbound In Port Arthur,
Jefferson County, Texas
Proposed Resolution No. 15317 was held for individual discussion after the Executive
Session.
(9) P. R. No. 15322 - A Resolution Authorizing The City
Manager To Negotiate And Execute A Contract With
Apolino Flores To Provide Technical Assistance Related To
The Preparation Of A Neighborhood Stabilization Grant
Application In An Amount Not To Exceed $7,000 (Funding
Source 001-1003-512.59-00 M97903)
Proposed Resolution No. 15322 was adopted becoming Resolution No. 09-248
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
Consent -Resolutions
(7) P. R. No. 15315 - A Resolution Authorizing The City
Manager To Enter Into Agreements, Not To Exceed Seven
Thousand One Hundred Dollars ($7,100), With L.A.W.
Academy, Inc. And Vanessa Washington, On Behalf Of The
Port Arthur Weed And Seed Initiative; Account No. 114-
1051-517-59-00 (WS0701)
The Mayor introduced the above-mentioned Proposed Resolution.
Upon motion of Councilmember Williamson, seconded by Councilmember Albright and
carried unanimously, Proposed Resolution No. 15315 was removed.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Flood,
Williamson, Wise and Henderson.
Voting No: None.
Proposed Resolution No. 15315 was removed.
Councilmember Jack Chatman, Jr. arrived at 8:45 a.m.
A. Resolutions
(i) P. R. No. 15122 - A Resolution Authorizing The Execution
Of A Contract Between The City Of Port Arthur And ALLCO
Construction Of Beaumont, Texas For The Widening Of W.
Rev. Dr. Ransom Howard Street In The Amount Of
$917,677.75. Project CIP004, 303-1603-591.86-00 And
CDBG-ARRA
City Council Minutes ~
Regular Meeting -June 16, 2009
The Mayor introduced the above-mentioned Proposed Resolution.
City Attorney Mark Sokolow read the following amendment into the record:
"The standard construction agreement that is normally used by the City of Port
Arthur will be inserted into the document."
The motion was made by Councilmember Williamson and seconded by Councilmember
Albright that Proposed Resolution No. 15122 be adopted as stated-above by the City
Attorney.
Assistant City Manager/Administration Rebecca Underhill appeared before the City
Council to address inquiries related to construction schedules and project management.
Proposed Resolution No. 15122 was adopted over the dissenting vote of
Councilmember Henderson, becoming Resolution No. 09-249.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright,
Flood, Williamson and Wise.
Voting No: Councilmember Henderson.
The caption of Resolution No. 09-249 reads as follows:
RESOLUTION NO. 09-249
A RESOLUTION AUTHORIZING THE EXECUTION OF A
CONTRACT BETWEEN THE CITY OF PORT ARTHUR
AND ALLCO CONSTRUCTION OF BEAUMONT, TEXAS
FOR THE WIDENING OF W. REV. DR. RANSOM
HOWARD STREET IN THE AMOUNT OF $917,677.75.
PROJECT CIP004, 303-1603-591.86-00 AND CDBG-
ARRA
IV. PUBLIC HEARINGS - 9:00 AM
To Consider Proposed Zoning Change From Single Family
Residential (SF) To Light Commercial (LC) Located On The Corner
Of F.M. Highway 365 And West Of Jade Avenue (Area B) [6555
Jade Avenue] - Z09-01
The Mayor opened the above-mentioned Public Hearing at 9:00 a.m.
Planning Director Colleen Russell appeared before the City Council to present an
overview of a proposed zoning change for a proposed convenience store and storage
facility.
Councilmember Chatman made the following statement for the record:
My comment is basically made toward this Public Hearing, toward Mr. Daly
and to the City Manager. I have certain feelings about this project. And I
want to pretty much go on record by saying, with all the development that
we are trying to do on the Westside, I would appreciate it a lot if these
projects could be directed that way with incentivising things. Also to you
Mr. Daly, I'm not, per say, against this project, because I don't want to
hinder progress in any area of Port Arthur. But, I do want to go on record
as saying, I really would like to see a lot of this stuff, these projects,
directed towards Westside and downtown. There are a whole lot of
projects being okayed all over town. And I do not want to sound like I am
against that, but with the big push that we are doing to revitalize those
areas. I wish we could direct these things that way sometimes. I just
want to say that and that I am not against this project.
City Council Minutes 6
Regular Meeting -June 16, 2009
The Mayor requested to hear from anyone present in the audience who wished to
speak regarding the above-mentioned rezoning.
Zoning Change Applicant Richard Daly, 6555 Jade Avenue, appeared before the City
Council to address inquiries regarding site development and planned usage.
The following citizens appeared before the City Council in opposition to the proposed
rezoning:
Mr. Terry Bearden 2750 66~' Street, Port Arthur, Texas
Ms. Shirley Hawthorn 6067 Jade Avenue, Port Arthur, Texas
Mrs. Ruth Abshire-Gilliam 2709 S. Kitchen Drive, Port Neches, Texas
Mr. Clarence Abshire 6700 Jade Avenue, Port Arthur, Texas
Upon the motion of Councilmember Williamson, seconded by Councilmember Flood and
carried unanimously, the City Council closed the Public Hearing at 10:12 a.m.
The City Council recessed their Regular Meeting at 10:12 a.m. and reconvened their
Regular Meeting at 10:28 a.m. with the following members present: Mayor Prince;
Councilmembers Chatman, Albright, Flood, Wise and Henderson; City Manager
Fitzgibbons; City Secretary Hanks; City Attorney Sokolow and Sergeant At Arms Police
Chief Blanton.
Mayor Pro Tem Segler and Councilmember Williamson and Segler joined the Regular
Meeting at 10:29 a.m.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
(2) P. R. No. 15303 - A Resolution Approving Amendment No.
1 To The Purchase Agreement With Jerry Joseph Norris
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Albright, seconded by Councilmember Chatman
and carried unanimously, Proposed Resolution No. 15303 was adopted becoming
Resolution No. 09-250.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright,
Flood, Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-250 reads as follows:
RESOLUTION NO. 09-250
A RESOLUTION APPROVING AMENDMENT NO. 1 TO
THE PURCHASE AGREEMENT WITH JERRY JOSEPH
NORRIS
(3) P. R. No. 15308 - A Resolution Authorizing A Landscape
Architecture Design Agreement Between The City Of Port
Arthur Section 4A Economic Development Corporation And
Rice University School Of Architecture
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Chatman and seconded by Councilmember
Williamson that Proposed Resolution No. 15308 be tabled.
EDC Executive Director Floyd Batiste appeared before the City Council to address
inquiries regarding the proposed agreement and solicitation of universities for bids.
City Council Minutes 7
Regular Meeting -June 16, 2009
The following roll call vote was taken on the motion to table Proposed Resolution No.
15308:
Councilmember Albright "Yes"
Councilmember Chatman "Yes"
Councilmember Flood "Yes"
Councilmember Henderson "No"
Mayor Pro Tem Segler "Yes"
Councilmember Williamson "Yes"
Councilmember Wise "Yes"
Mayor Prince "No"
The motion to table Proposed Resolution No. 15308 carried over the dissenting votes of
Councilmember Henderson and Mayor Prince.
Councilmember Flood left the Council Chambers at 10:38 a.m.
(4) P. R. No. 15309 - A Resolution Amending Resolution No.
09-154 Expanding The Duties Of Dr. Janis Hutchins As It
Pertains To The Local Business Enterprise Program -
Account No. 001-1003-512.59-00, Project No. M09002
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Albright, seconded by Councilmember Henderson
and carried unanimously, Proposed Resolution No. 15309 was adopted becoming
Resolution No. 09-251.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-251 reads as follows:
RESOLUTION NO. 09-251
A RESOLUTION AMENDING RESOLUTION NO. 09-154
EXPANDING THE DUTIES OF DR. JANIS HUTCHINS
AS IT PERTAINS TO THE LOCAL BUSINESS
ENTERPRISE PROGRAM -ACCOUNT NO. 001-1003-
512.59-00, PROJECT NO. M09002
(5) P. R. No. 15311 - A Resolution Granting An Extension As It
Pertains To 848 Houston Avenue And The Construction Of A
Facility
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Albright, seconded by Councilmember Chatman and
failed unanimously, Proposed Resolution No. 15311 was not adopted.
The motion to adopt Proposed Resolution No. 15311 failed.
Voting Yes: None.
Voting No: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright,
Williamson, Wise and Henderson.
(16) P. R. No. 15319 - A Resolution Amending Resolution No.
09-152 And Re-Authorizing An Application With The Texas
Department Of Housing And Community Affairs (TDHCA)
For The Implementation Of The Newly Authorized
Neighborhood Stabilization Reimbursement Program (NSP)
City Council Minutes 8
Regular Meeting -June 16, 2009
As Authorized By The Housing And Economic Recovery Act
Of 2008
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Williamson, seconded by Councilmember Albright
and carried unanimously, Proposed Resolution No. 15319 was adopted becoming
Resolution No. 09-252.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-252 reads as follows:
RESOLUTION NO. 09-252
A RESOLUTION AMENDING RESOLUTION NO. 09-152
AND RE-AUTHORIZING AN APPLICATION WITH THE
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
AFFAIRS (TDHCA) FOR THE IMPLEMENTATION OF
THE NEWLY AUTHORIZED NEIGHBORHOOD
STABILIZATION REIMBURSEMENT PROGRAM (NSP)
AS AUTHORIZED BY THE HOUSING AND ECONOMIC
RECOVERY ACT OF 2008
(7) P. R. No. 15320 - A Resolution Authorizing The Execution
Of A Software Maintenance And Support Agreement With
LT Systems, Inc. For The Municipal Court
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
and carried unanimously, Proposed Resolution No. 15320 was adopted becoming
Resolution No. 09-253.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-253 reads as follows:
RESOLUTION NO. 09-253
A RESOLUTION AUTHORIZING THE EXECUTION OF A
SOFTWARE MAINTENANCE AND SUPPORT
AGREEMENT WITH LT SYSTEMS, INC. FOR THE
MUNICIPAL COURT
(8) P. R. No. 15321 - A Resolution Amending Resolution 07-
536 Between The City Of Port Arthur Section 4A Economic
Development Corporation And Arceneaux & Gates
Consulting Engineers, Inc., For Engineering, Surveying,
Technical And Related Services For Design And
Construction Of Phase II Services For New Roadways,
Utilities And Drainage For The City Of Port Arthur Section
4A Economic Development Corporation Business Park And
Authorizing The Separation Of The Bidding For The
Expansion Of An Additional 5 Acres Detention Pond
The Mayor introduced the above-mentioned Proposed Resolution.
City Council Minutes 9
Regular Meeting -June 16, 2009
The motion was made by Councilmember Williamson and seconded by Councilmember
Albright that Proposed Resolution No. 15321 be adopted.
EDC Executive Director Floyd Batiste appeared before the City Council to address
inquiries regarding the proposed amendment to the Business Park's engineering
contract.
Proposed Resolution No. 15321 was adopted becoming Resolution No. 09-254.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-254 reads as follows:
RESOLUTION NO. 09-254
A RESOLUTION AMENDING RESOLUTION 07-536
BETWEEN THE CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION AND
ARCENEAUX & GATES CONSULTING ENGINEERS,
INC., FOR ENGINEERING, SURVEYING, TECHNICAL
AND RELATED SERVICES FOR DESIGN AND
CONSTRUCTION OF PHASE II SERVICES FOR NEW
ROADWAYS, UTILITIES AND DRAINAGE FOR THE
CITY OF PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION BUSINESS PARK AND
AUTHORIZING THE SEPARATION OF THE BIDDING
FOR THE EXPANSION OF AN ADDITIONAL 5 ACRES
DETENTION POND
B. Ordinances
(1) P. O. No. 5986 - An Ordinance By The City Of Port Arthur,
Texas ("City°) Approving The Rate Refund Of Entergy
Texas Inc. Contained In The Application Of Entergy For
Authority To Implement New RPCEA Rate Filed By Entergy
Texas, Inc. On May 26, 2009; Finding That The Meeting
Complies With The Open Meetings Act; Making Other
Findings And Provisions Related To The Subject; And
Declaring An Effective Date
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. 5986 was adopted becoming
Ordinance No. 09-46.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-46 reads as follows:
ORDINANCE NO.09-46
AN ORDINANCE BY THE CITY OF PORT ARTHUR,
TEXAS ("CITY°) APPROVING THE RATE REFUND OF
ENTERGY TEXAS INC. CONTAINED IN THE
APPLICATION OF ENTERGY FOR AUTHORITY TO
IMPLEMENT NEW RPCEA RATE FILED BY ENTERGY
TEXAS, INC. ON MAY 26, 2009; FINDING THAT THE
City Council Minutes l0
Regular Meeting -June 16, 2009
MEETING COMPLIES WITH THE OPEN MEETINGS
ACT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE
(2) P. O. No. 6013 - An Appropriation Ordinance Amending The
Budget For The Fiscal Year Beginning October i, 2008 And
Ending September 30, 2009 For Capital Projects, Parks And
Recreation, Fire Department, Elections, And Municipal
Court Expenses
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Albright, seconded by Councilmember Chatman and
carried unanimously, Proposed Ordinance No. 6013 was adopted becoming Ordinance
No. 09-47.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-47 reads as follows:
ORDINANCE NO. 09-47
AN APPROPRIATION ORDINANCE AMENDING THE
BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009
FOR CAPITAL PROJECTS, PARKS AND RECREATION,
FIRE DEPARTMENT, ELECTIONS, AND MUNICIPAL
COURT EXPENSES
C. *Reports And Recommendations
(i) Report On Hurricane Ike Recovery Funding & Federal
Stimulus Package
City Manager Steve Fitrgibbons and Assistant City Manager/Administration Rebecca
Underhill presented the above-mentioned report.
Assistant City Manager/Operations John Comeaux appeared before the City Council to
address inquiries related to funding for tree removal.
Councilmember Flood returned to the Council Chamber at 10:51 a.m.
(2) Report On Graffiti And Gang Related Activities
Port Arthur Chief of Police Mark Blanton presented the above-mentioned report.
(3) Report On Status Of Alley Cleaning
Human Resource Director Albert Thigpen presented the above-mentioned report.
Assistant City Manager/Operations John Comeaux appeared before the City Council to
address inquiries related to ditch maintenance.
VIII. REPORTS OF BOARDS & COMMITTEES -None
The City Council recessed their Regular Meeting at 11:24 a.m. and reconvened their
Regular Meeting at 1:20 p.m. with the following members present: Mayor Prince;
Councilmembers Albright, Flood, Williamson and Henderson; City Manager Fitrgibbons;
City Secretary Hanks; City Attorney Sokolow and Sergeant At Arms Police Chief Blanton.
City Council Minutes 11
Regular Meeting -June 16, 2009
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Councilmember Chatman joined the Executive Session at 1:25 p.m.
Mayor Pro Tem Segler joined the Executive Session at 1:30 p.m.
Councilmember Wise joined the Executive Session at 1:45 p.m.
Closed Meetino:
(1) Section 551.087 Government Code - To Discuss Incentives
For Commercial, Residential, And Industrial Business
Prospects
(2) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To Park
Square In Sabine Pass And As It Pertains To The Adjacent
Lots 7, 8 And 9
(3) Section 551.071 Government Code- To Discuss With The
City Attorney Potential Litigation As It Pertains To Williams
& Rao
(4) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To Homes
Being Rehabilitated By City Contractors (Requested By City
Manager)
(5) Section 551.072 Government Code - To Discuss The Value
Of Land On 39~' Street
(6) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To 848
Houston Avenue
(7) Section 551.072 Government Code - To Discuss The Value
Of Land At The City Of Port Arthur Section 4A Economic
Development Corporation Business Parks
The City Council recessed their Regular Meeting at 1:22 p.m. to meet in Executive
Session to consider the above-mentioned topics, and reconvened their Regular Meeting
at 2:35 p.m. with the following members present: Mayor Prince; Mayor Pro Tem
Segler; Councilmembers Chatman, Albright, Flood, Williamson, Wise and Henderson;
City Manager Fitzgibbons; City Secretary Hanks; City Attorney Sokolow and Sergeant At
Arms Chief Blanton.
V. UNFINISHED BUSINESS
(i) P. R. No. 15246 - A Resolution As It Pertains To A Purchase
Agreement For Properly In Sabine Pass For A Community
Center And Adjacent Recreational Facilities
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
and carried unanimously, Proposed Resolution No. 15246 was removed.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright,
Flood, Williamson, Wise and Henderson.
Voting No: None.
Proposed Resolution No. 15246 was removed.
City Council Minutes 12
Regular Meeting -June 16, 2009
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
Consent -Resolutions
(8) P. R. No. 15317 - A Resolution Calling For A Public Hearing
Regarding The City Filing For An Application In Regards To
The Neighborhood Stabilization Plan-Round Two (2). This
Area Will Be Bounded By Highway 347 (Twin City/Jefferson
Drive) To The East, Highway 87 (Gulfway) Northbound,
Lakeshore Drive To The South And All Areas Not Covered
By Round One West That Lies Between DeQueen And
Martin Luther King Junior Drive Westbound In Port Arthur,
Jefferson County, Texas
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Williamson and seconded by Councilmember
Henderson that Proposed Resolution No. 15317 be adopted.
City Attorney Mark Sokolow read the following amendment into the record:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
That the Planning Director or said designee is herby authorized to
file an electronic application as well as send documents to HUD in keeping
with the request for funding following the outline for scoring set in the
NOFA (Notice of Funding Availability) for Neighborhood Stabilization Plan
- Round (2) (a copy of which is attached hereto as Exhibit "B'~.
That the City Manager or his designee hereby is authorized to be
the lead contact person.
That the City recognizes that the grant is a reimbursement
program and that 5% of the total allocation is eligible for administrative
and activity delivery/soft costs. The City will comply with all the required
standards set forth in the 24 CFR regarding design accessibility, energy
systems and other cost saving and factors considered "green
improvements."
That the deadline to file the application is July 17, 2009.
That the City Council authorizes a Public Hearing on June 30, 2009
and the City Secretary will publish a narrative of the proposed plan to be
prepared by the City Manager or his designee on the website and
newspaper with details on (1) the amount of money, (2) use of funds and
(3) target geography.
That a copy of this Resolution be spread upon the Minutes of the
City Council.
Upon the motion of Councilmember Williamson, seconded by Councilmember
Henderson and carried unanimously, Proposed Resolution No. 15317 was adopted as
amended by the City Attorney, becoming Resolution No. 09-255.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright,
Flood, Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-255 reads as follows:
City Council Minutes 13
Regular Meeting -June 16, 2009
RESOLUTION NO. 09-255
A RESOLUTION CALLING FOR A PUBLIC HEARING
REGARDING THE CITY FILING FOR AN APPLICATION
IN REGARDS TO THE NEIGHBORHOOD
STABILIZATION PLAN-ROUND TWO (2). THIS AREA
WILL BE BOUNDED BY HIGHWAY 347 (TWIN
CM/JEFFERSON DRIVE) TO THE EAST, HIGHWAY 87
(GULFWAY) NORTHBOUND, LAKESHORE DRIVE TO
THE SOUTH AND ALL AREAS NOT COVERED BY
ROUND ONE WEST THAT LIES BETWEEN DEQUEEN
AND MARTIN LUTHER KING JUNIOR DRIVE
WESTBOUND IN PORT ARTHUR, JEFFERSON COUNTY,
TEXAS
(1) P. R. No. 15294 - A Resolution Authorizing A Contract
Approval To Create A "Presence" On The City's Website, To
Ensure More Accurate Maps And Timely Dispersal Of
Planning Related Information To The Public (Grant-5307-
PA-TRANSIT, Account No. 401-1504-561.92-00)
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
and carried unanimously, Proposed Resolution No. 15294 was tabled.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright,
Flood, Williamson, Wise and Henderson.
Voting No: None.
Proposed Resolution No. 15294 was tabled.
Motion from Executive Session:
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
and carried over the dissenting votes of Councilmember Chatman, Councilmember
Flood and Mayor Prince, the City Attorney was authorized to file a lawsuit against
Williams & Rao for deficiencies.
Voting Yes: Mayor Pro Tem Segler; Councilmember Albright, Williamson, Wise and
Henderson.
Voting No: Mayor Prince; Councilmembers Chatman and Flood.
IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Mavor Prince:
(1) Requested that a Council Retreat be scheduled.
(2) Requested a Joint Meeting with the Pleasure Island Commission.
(3) Requested that agenda information be given to the City Council before the
Council Meetings.
(4) Requested that staff investigate railway noise violations.
(5) Requested support for the Mayor's Summer Food Challenge sponsored by the
Texas Department of Agriculture Project Meals Program.
(6) Reported that the Grannis Street Fire Station's privacy fence is in need of
painting and repairs.
(7) Requested that water utility on-line bill paying customers have accessibility
access to water account billing history.
City Council Minutes 14
Regular Meeting -June 16, 2009
Councilmember Chatman:
(1) Requested a report on second round ORCA funding.
(2) Suggested implementing energy saving light bulbs at City Hall.
(3) Announced that there will be an open house event at the Port Cities Rescue
Mission on Fifth and Waco Streets.
Councilmember Flood:
(1) Requested the removal of a large pile of dirt on Prospect Street.
(2) Requested that grass cutting crews be assigned to Port Acres.
(3) Requested a report on water service to Viterbo Road provided by Aqua Source.
Councilmember Williamson:
(1) Provided recommendations for the placement of the removed dirt on Prospect
Street.
(2) Requested a report on installing a traffic light at Lake Arthur and Ninth Avenue.
(3) Requested that staff coordinate with the Housing Authority to erect a privacy
fence at the Legacy Apartment building site.
Councilmember Henderson:
Councilmember Henderson requested a cost estimate to install underground drainage
on Griffin Drive from Lombardy to Twin City.
X. ADJOURNMENT OF MEETING
Upon the motion by Councilmember Albright seconded by Councilmember Williamson
and carried unanimously, the City Council adjourned their meeting at 2:56 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:
CITY SECRETARY TERRI HANKS
END OF REGULAR MEETING HELD June 16, 2009.
APPROVED:
City Council Minutes 15
Regular Meeting -June 16, 2009