HomeMy WebLinkAbout(01) SEPTEMBER 8, 2009 REGULAR MEETINGREGULAR MEETING -September 8, 2009
I. INVOCATION, PLEDGE & ROLL CALL
The Reverend Donald Frank 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,
September 8, 2009 at 5:39 p.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, 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 Jack Chatman, Jr. was absent from the Regular Meeting.
Councilmember Martin Flood was absent from the Regular Meeting.
II. PROCLAMATIONS & MINUTES
Minutes
August 25, 2009 Regular Meeting
Upon the motion of Councilmember Albright, seconded by Mayor Pro Tem Segler and
carried unanimously, the City Council approved the above-mentioned minutes.
August 25, 2009 Special Executive Meeting
Upon the motion of Councilmember Albright, seconded by Mayor Pro Tem Segler and
carried unanimously, the City Council approved the above-mentioned minutes.
Proclamations
September 8, 2009 - ~~7oseph Randall Day"
Mr. Joseph Randall appeared before the City Council to accept the proclamation. He
stated that he was born in Brenham, Texas in 1907 and attributed his longevity to
staying active.
The City Council, family members and New Hope Missionary Church members gathered
in celebration of Mr. Joseph Randall's 102"d birthday in a reception held outside the
Council Chamber.
The City Council recessed their Regular Meeting at 5:56 p.m. and reconvened their
Regular Meeting at 6:15 p.m. with the following members present: Mayor Prince;
Mayor Pro Tem Segler; Councilmembers Albright, Williamson, Wise and Henderson; City
Manager Fitzgibbons; City Secretary Hanks; City Attorney Sokolow and Sergeant At
Arms Chief Blanton.
III. PETITIONS & COMMUNICATIONS
A. Sneakers
(1) john Woods Regarding Lack Of Local Hiring By Contractors
Employed By Local Refineries
Mr. John Woods, 1121 East Seventeenth Street appeared before the City to voice local
hiring concerns.
Councilmember Beard joined the Regular Meeting at 6:17 p.m.
(2) Harold L. Doucet, Sr. Regarding Request For Parking &
Walking Track Funding, Resurfacing Cambridge Avenue To
Support Commercial Vehicles
Lakeside and Palomar Neighborhood Association President Harold L. Doucet, Sr., 5180
Cambridge Avenue, appeared before the City Council to request consideration in a
partnership to develop a community center in the Lakeside and Palomar addition. He
discussed plans for street improvements and a new community center.
B. Presentations -None
C. Correspondence -None
IV. PUBLIC HEARINGS - 7:00 PM -None
V. UNFINISHED BUSINESS -None
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 Consent Item I and Proposed Resolution No.'s 15452, 15477, 15478,
15479 and 15489:
A. Consideration And Approval Of Awarding A Bid To Martin
Asphalt Company, Port Neches, TX And Soil Stabilization
Products Company, Inc., Merced, CA For The Purchase Of
Street Materials - Asphalt, Oil, Emulsions And Soil
Stabilization Additives
B. Consideration And Approval Of Payment To Sanofi Pasteur,
Chicago, IL In The Amount Of $16,450 For The Payment Of
2,000 Doses Of Influenza Vaccine For The 2009-2010
Season
C. Consideration And Approval Of Payment To Martin Asphalt,
Houston, TX In The Amount Of $14,161 For The Purchase
Of Materials Used For The 2009 City Streets Program
D. Consideration And Approval Of Awarding A Bid To Maverick
Communications, Beaumont, TX In The Amount Of
$18,525.56 For The Installation And Configuration Of
Networking, Firewall And VPN Equipment Required To
Upgrade The Network Infrastructure Within City Hall And
The Annex
E. Consideration And Approval Of Awarding A Bid To National
Networks, LLC, Nederland, TX In The Amount Of
$45,678.24 For The Installation Of Network Cabling And
Connectivity Equipment Required To Upgrade The Network
Infrastructure Within City Hall And The Annex
F. Consideration And Approval Of Awarding A Bid To Ferguson
Waterworks, Houston, TX In The Amount Of $30,784.18
For A Tapping Machine For The Water Distribution Division
G. Consideration And Approval Of Payment To A&A
Equipment, Beaumont, TX In The Amount Of $8,214.25 For
The Purchase Of A New Hot Water Pressure Washer Unit
For The Transit Department
City Council Minutes
Regular Meeting -September 8, 2009
H. Consideration And Approval Of Awarding The Annual
Contract To Southern Tire Mart, Beaumont, TX For An
Estimated Annual Amount Of $240,000.00 Fore Tires And
Tubes For All Rolling Stock
I. Consideration And Approval Of Payment To Louisiana
Machinery, Lake Charles, LA In The Amount $44,125.61 For
Repairs To The Engine Of Landfill Dozer #1517
Item I was held for individual consideration.
7. Consideration And Approval Of Payment To TAMS In The
Amount Of $1,500 For Additional Emergency Support
K. Exaense Resorts
City Attorney Mark T. Sokolow:
Bankruptcy Hearing - ]D Manufacturing
Houston, TX -August 24, 2009 $ 93.75
Municipal Court ]udge Kermit C. Morrison:
TMCEC 2009 Legislative Update
Houston, TX -August 10, 2009 $250.25
Resolutions -Consent
(1) P. R. No. 15452 - A Resolution Authorizing The Distribution
And Collection Of The City Of Port Arthur Application For
Certification As A Local Business Enterprise (LBE)
Proposed Resolution 15452 was held for individual consideration.
(2) P. R. No. 15455 - A Resolution Calling A Public Hearing To
Consider The Designation Of A Reinvestment Zone For The
Downtown Area
Proposed Resolution 15455 was adopted becoming Resolution No. 09-385.
(3) P. R. No. 15463 - A Resolution Approving A Contract
Between The City Of Port Arthur And The Port Arthur
Historical Society For The Purpose Of Funding The
Pompeiian Villa For The 2009-2010 Fiscal Year In The
Amount Of $19,800, Account #140-1405-551.59-00,
M97909
Proposed Resolution 15463 was adopted becoming Resolution No. 09-386.
(4) P. R. No. 15464 - A Resolution Authorizing The Execution
Of An Agreement To Share Operating Expenses Of Rose Hill
Between The City Of Port Arthur And The Federated
Women's Club Of Port Arthur For The 2009-2010 Fiscal
Year, In An Amount Not To Exceed $12,000, Accounts
#140-1405-551.59.00, M97908 And 001-1402-551.1400
Proposed Resolution 15464 was adopted becoming Resolution No. 09-387.
(5) P. R. No. 15466 - A Resolution Approving An Amendment
To The Contract Between The City Of Port Arthur And The
Port Arthur Convention And Tourist Association Which
Manages And Operates AConvention/Visitors Bureau
Proposed Resolution 15466 was adopted becoming Resolution No. 09-388.
City Council Minutes
Regular Meeting -September 8, 2009
(6) P. R. No. 15469 - A Resolution Accepting A Utilities
Easement From Wal-Mart For Construction, Installation,
Laying, And Maintaining Of Water Utilities In The City Of
Port Arthur And Accepting And Authorizing The Execution
Of An Indemnity Agreement From Live Oak Express Reality,
Ltd., Brazos Contractors, Inc. And A-1 Striping And Paving
Company
Proposed Resolution 15469 was adopted becoming Resolution No. 09-389.
(7) P. R. No. 15472 - A Resolution Authorizing The City
Manager To Enter Into A Contract With RWL Group For Risk
Management Consulting Services At The Not To Exceed
Cost Of $18,000 For The 2009-2010 Fiscal Year. Funding
By: General Liability Insurance Fund 612-1702-581.52-00
Proposed Resolution 15472 was adopted becoming Resolution No. 09-390.
(8) P. R. No. 15473 - A Resolution Authorizing The City
Manager To Do All Things Necessary To Execute The
Settlement Of A Claim In The Amount Of $12,843.98 Made
Against Texas Municipal League Intergovernmental Risk
Pool (TML) As A Result Of The Property Damage To Aerial
Ladder Fire Truck #1590
Proposed Resolution 15473 was adopted becoming Resolution No. 09-391.
(9) P. R. No. 15475 - A Resolution Authorizing The City Of Port
Arthur To Amend The Master Services Agreement With
Paymentus Corporation To Include Electronic Bill Paying
Services To The Municipal Court
Proposed Resolution 15475 was adopted becoming Resolution No. 09-392.
(10) P. R. No. 15476 - A Resolution Pertaining To An Award For
The Purchase Of Books, Video And Audio Materials To
Baker & Taylor, The Purchase Of Reference Books From
Gale Group Via The Texas Buy Board And The Purchase Of
Other Books From Companies Holding Exclusive
Distribution Rights To The Materials
Proposed Resolution 15476 was adopted becoming Resolution No. 09-393.
(11) P. R. No. 15477 - A Resolution Authorizing The Mayor And
City Manager To Execute The First Year Of A Contract With
Carla's Transport Services, Inc. Of Beaumont, Texas For
The Hauling Of Materials With The Option Of Renewal For
Two Additional Years With Prices Being Adjusted According
To The Transportation Consumer Price Index. Funding Is
Available In Various Public Works Accounts
Proposed Resolution 15477 was held for individual consideration.
(12) P. R. No. 15478 - A Resolution Authorizing The Mayor And
City Manager To Execute The First Year Of A Contract With
Mid County Materials And Construction Of Port Arthur,
Texas For The Providing Of Soils Materials With The Option
Of Renewal For Two Additional Years With Prices Being
Adjusted According To The Transportation Consumer Price
Index. Funding Is Available In The Parks And Recreation
Budget
Proposed Resolution 15478 was held for individual consideration.
City Council Minutes
Regular Meeting -September 8, 2009
(13) P. R. No. 15479 - A Resolution Authorizing The Mayor And
City Manager To Execute The First Year Of A Contract With
7. M. Kaufman Of Port Arthur, Texas For The Hauling Of
Materials With The Option Of Renewal For Two Additional
Years With Prices Being Adjusted According To The
Transportation Consumer Price Index. Funding Is Available
In Various Public Works Accounts
Proposed Resolution 15479 was held for individual consideration.
(14) P. R. No. 15483 - A Resolution Authorizing Acceptance Of
An Engineer's Certificate Of Completion From Stanley G.
Newsome, 7r., P.E. And The Contractor's Certificate And
Release And Contractor's Certificate Of Guarantee From Tri
State Mechanical For The Completion Of Off-Site Public
Improvements (Public Water And Sewer Systems) To Serve
Angel Trace Phase I, And Authorizing The City Manager To
Sign The Certificate Of Acceptance On Behalf Of The City Of
Port Arthur, Texas
Proposed Resolution 15483 was adopted becoming Resolution No. 09-394.
(15) P. R. No. 15484 - A Resolution Approving Amendment Two
To The Texas Nurse-Family Partnership Program
Agreement Between The Health And Human Services
Commission And The City Of Port Arthur
Proposed Resolution 15484 was adopted becoming Resolution No. 09-395.
(16) P. R. No. 15487 - A Resolution Authorizing The City
Manager To Execute An Agreement With One Stop
Construction And Restoration Of Nederland, Texas For
Repair And Remodel Of Fire Station No. 2 For The Amount
Of $56,349.64 Funding Being Available In Project IKEFS2,
121-2300-901.59-00
Proposed Resolution 15487 was adopted becoming Resolution No. 09-396.
(17) P. R. No. 15489 - A Resolution Authorizing The Mayor And
City Manager To Execute A Two Year Agreement Between
City Of Port Arthur And SCS Engineers Of Bedford, Texas
For Groundwater Monitoring Services For A Total Cost Of
$139,355. Funding Is Available In Account No. 403-1274-
533.54-00
Proposed Resolution 15489 was held for individual consideration.
(18) P. R. No. 15491 - A Resolution Authorizing The Mayor And
City Manager To Execute An Agreement With Arceneaux &
Gates Consulting Engineers, Inc. Of Port Arthur, Texas To
Provide Engineering And Design Of A Headwall For A
Sabine Pass Drainage Outfall For An Amount Not To Exceed
$36,318
Proposed Resolution 15491 was adopted becoming Resolution No. 09-397.
(19) P.R. No. 15493 - A Resolution Authorizing The Purchase Of
GIS Software From ESRI, Inc., Of Redlands, CA In The
Amount Of $53, 880, Account No. 001-1202-531.57-00
Proposed Resolution 15493 was adopted becoming Resolution No. 09-398.
City Council Minutes
Regular Meeting -September 8, 2009
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
Item -Consent
I. Consideration And Approval Of Payment To Louisiana
Machinery, Lake Charles, LA In The Amount $44,125.61 For
Repairs To The Engine Of Landfill Dozer #1517
The Mayor introduced the above-mentioned Proposed Consent Item.
The motion was made by Councilmember Albright and seconded by Councilmember
Henderson that Proposed Consent Item I be adopted.
Assistant City Manager/Operations John Comeaux appeared before the City Council to
address inquiries related to the proposed repair.
Consent Item I was adopted.
Resolutions -Consent
(1) P. R. No. 15452 - A Resolution Authorizing The Distribution
And Collection Of The City Of Port Arthur Application For
Certification As A Local Business Enterprise (LBE)
The Mayor introduced the above-mentioned Proposed Consent Resolution.
The motion was made by Councilmember Beard and seconded by Councilmember Wise
that Proposed Resolution No. 15452 be adopted.
Consultant Janis Hutchins appeared before the City Council to acknowledge that the
proposed application and the certification process are based upon information derived
from current industrial agreements.
The motion was made by Councilmember Beard that administrative documentation be
amended to remove the wording "local" and replaced with the wording "Port Arthur".
The motion failed for a lack of a second.
The motion was made by Councilmember Albright and seconded by Councilmember
Beard that Proposed Resolution No. 15452 be tabled.
Proposed Resolution No. 15452 was tabled over the dissenting vote of Councilmember
Williamson.
(li) P. R. No. 15477 - A Resolution Authorizing The Mayor And
City Manager To Execute The First Year Of A Contract With
Carla's Transport Services, Inc. Of Beaumont, Texas For
The Hauling Of Materials With The Option Of Renewal For
Two Additional Years With Prices Being Adjusted According
To The Transportation Consumer Price Index. Funding Is
Available In Various Public Works Accounts
The Mayor introduced the above-mentioned Proposed Consent Resolution.
The motion was made by Councilmember Albright and seconded by Councilmember
Beard that Proposed Resolution No. 15477 be adopted.
City Manager Steve Fitzgibbons addressed inquiries related to purchasing policies.
Councilmember Albright left the Council Chamber at 7:28 p.m.
Proposed Resolution No. 15477 was adopted becoming Resolution No. 09-399.
City Council Minutes
Regular Meeting -September 8, 2009
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Beard, Williamson,
Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-399 reads as follows:
RESOLUTION NO. 09-399
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE THE FIRST YEAR OF A
CONTRACT WITH CARLA'S TRANSPORT SERVICES,
INC. OF BEAUMONT, TEXAS FOR THE HAULING OF
MATERIALS WITH THE OPTION OF RENEWAL FOR
TWO ADDITIONAL YEARS WITH PRICES BEING
AD]USTED ACCORDING TO THE TRANSPORTATION
CONSUMER PRICE INDEX. FUNDING IS AVAILABLE
IN VARIOUS PUBLIC WORKS ACCOUNTS
(12) P. R. No. 15478 - A Resolution Authorizing The Mayor And
City Manager To Execute The First Year Of A Contract With
Mid County Materials And Construction Of Port Arthur,
Texas For The Providing Of Soils Materials With The Option
Of Renewal For Two Additional Years With Prices Being
Adjusted According To The Transportation Consumer Price
Index. Funding Is Available In The Parks And Recreation
Budget
The Mayor introduced the above-mentioned Proposed Consent Resolution.
The motion was made by Councilmember Beard and seconded by Councilmember
Henderson that Proposed Resolution No. 15478 be adopted.
Public Works Director Ross Blackketter appeared before the City Council to address
inquiries related to the proposed soil contract.
Proposed Resolution No. 15478 was adopted becoming Resolution No. 09-400.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Beard, Williamson,
Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-400 reads as follows:
RESOLUTION NO. 09-400
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE THE FIRST YEAR OF A
CONTRACT WITH MID COUNTY MATERIALS AND
CONSTRUCTION OF PORT ARTHUR, TEXAS FOR THE
PROVIDING OF SOILS MATERIALS WITH THE
OPTION OF RENEWAL FOR TWO ADDITIONAL YEARS
WITH PRICES BEING ADJUSTED ACCORDING TO THE
TRANSPORTATION CONSUMER PRICE INDEX.
FUNDING IS AVAILABLE IN THE PARKS AND
RECREATION BUDGET
Councilmember Albright returned to the Council Chamber at 7:30 p.m.
City Council Minutes
Regular Meeting -September 8, 2009
(13) P. R. No. 15479 - A Resolution Authorizing The Mayor And
City Manager To Execute The First Year Of A Contract With
J. M. Kaufman Of Port Arthur, Texas For The Hauling Of
Materials With The Option Of Renewal For Two Additional
Years With Prices Being Adjusted According To The
Transportation Consumer Price Index. Funding Is Available
In Various Public Works Accounts
The Mayor introduced the above-mentioned Proposed Consent Resolution.
Upon the motion of Councilmember Beard, seconded by Councilmember Henderson,
and carried unanimously, Proposed Resolution No. 15479 was adopted becoming
Resolution No. 09-401.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-401 reads as follows:
RESOLUTION NO. 09-401
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE THE FIRST YEAR OF A
CONTRACT WITH ]. M. KAUFMAN OF PORT ARTHUR,
TEXAS FOR THE HAULING OF MATERIALS WITH THE
OPTION OF RENEWAL FOR TWO ADDITIONAL YEARS
WITH PRICES BEING ADJUSTED ACCORDING TO THE
TRANSPORTATION CONSUMER PRICE INDEX.
FUNDING IS AVAILABLE IN VARIOUS PUBLIC
WORKS ACCOUNTS
(17) P. R. No. 15489 - A Resolution Authorizing The Mayor And
City Manager To Execute A Two Year Agreement Between
City Of Port Arthur And SCS Engineers Of Bedford, Texas
For Groundwater Monitoring Services For A Total Cost Of
$139,355. Funding Is Available In Account No. 403-1274-
533.54-00
The Mayor introduced the above-mentioned Proposed Consent Resolution.
The motion was made by Councilmember Albright and seconded by Councilmember
Beard that Proposed Resolution No. 15489 be adopted.
Councilmember Albright voiced opposition to the groundwater monitoring cost.
Proposed Resolution No. 15489 was adopted over the dissenting vote of
Councilmember Albright, becoming Resolution No. 09-402.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Beard, Williamson,
Wise and Henderson.
Voting No: Councilmember Albright.
The caption of Resolution No. 09-402 reads as follows:
City Council Minutes
Regular Meeting -September 8, 2009
RESOLUTION NO. 09-402
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE A TWO YEAR AGREEMENT
BETWEEN CITY OF PORT ARTHUR AND SCS
ENGINEERS OF BEDFORD, TEXAS FOR
GROUNDWATER MONITORING SERVICES FOR A
TOTAL COST OF $139,355. FUNDING IS AVAILABLE
IN ACCOUNT NO. 403-1274-533.54-00
A. Resolutions
(1) P. R. No. 15439 - A Resolution Naming The Senior
Citizen/Youth Center (Requested By Mayor Prince, Mayor
Pro Tem Segler And Councilmember Albright)
The Mayor introduced the above-mentioned Proposed Resolution
The motion was made by Councilmember Albright and seconded by Councilmember
Henderson that Proposed Resolution No. 15439 be adopted.
Mayor Prince stated into the record the following recreation building name:
Amos 7. Evans Senior Citizen/Youth Center
Proposed Resolution No. 15439 was adopted becoming Resolution No. 09-403.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-403 reads as follows:
RESOLUTION NO. 09-403
A RESOLUTION NAMING THE SENIOR
CITIZEN/YOUTH CENTER (REQUESTED BY MAYOR
PRINCE, MAYOR PRO TEM SEGLER AND
COUNCILMEMBER ALBRIGHT)
(2) P. R. No. 15458 - A Resolution Designating The Downtown
District As The Renaissance District (Requested By Mayor
Prince)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem
Segler that Proposed Resolution No. 15458 be adopted.
Economic Development Corporation Chief Executive OfFicer Floyd Batiste appeared
before the City Council to address inquiries related to the proposed downtown
designation.
The motion was made by Councilmember Wise and seconded by Councilmember
Henderson that Proposed Resolution No. 15458 be amended to include the following
specific boundaries:
Houston Avenue to Lake Charles Avenue and
Ninth Avenue to the Intercoastal Canal
Proposed Resolution No. 15458 was adopted with the above-stated boundaries,
becoming Resolution No. 09-404.
City Council Minutes
Regular Meeting -September 8, 2009
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-404 reads as follows:
RESOLUTION NO. 09-404
A RESOLUTION DESIGNATING THE DOWNTOWN
DISTRICT AS THE RENAISSANCE DISTRICT
(REQUESTED BY MAYOR PRINCE)
(3) P. R. No. 15459 - A Resolution As It Pertains To The Permit
Application Of Min Transcontinental, Inc., For A Metal
Recycling Facility
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Beard, seconded by Councilmember Albright and
carried unanimously, Proposed Resolution No. 15459 was adopted becoming Resolution
No. 09-405.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-405 reads as follows:
RESOLUTION NO. 09-405
A RESOLUTION AS IT PERTAINS TO THE PERMIT
APPLICATION OF MIN TRANSCONTINENTAL, INC.,
FOR A METAL RECYCLING FACILITY
(4) P. R. No. 15461 - A Resolution As It Pertains To Incentive
Programs For Hotels (Requested By Councilmembers Flood,
Chatman And Beard)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Beard and seconded by Councilmember Wise
that Proposed Resolution No. 15461 be adopted.
City Attorney Mark Sokolow addressed inquiries related to the proposed hotel incentive
program.
The motion was made by Councilmember Henderson and seconded by Councilmember
Wise that Proposed Resolution No. 15461 be adopted with the inclusion of Pleasure
Island in the hotel incentive program.
The following roll call vote was taken on the motion to amend Proposed Resolution No.
15461:
Councilmember Albright
Councilmember Beard
Councilmember Henderson
Mayor Pro Tem Segler
Councilmember Williamson
Councilmember Wise
Mayor Prince
City Council Minutes
Regular Meeting -September 8, 2009
"No"
"No"
"Yes"
"No"
"Yes"
"Yes"
"No"
Rio
The motion to amend Proposed Resolution No. 15461 failed over the dissenting votes of
Mayor Prince, Mayor Pro Tem Segler, Councilmember Albright and Councilmember
Beard.
The motion to adopt Proposed Resolution No. 15461 failed to carry.
Voting Yes: Councilmember Beard.
Voting No: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright,
Williamson, Wise and Henderson.
Councilmember Albright left the Council Chamber at 7:55 p.m.
(5) P. R. No. 15462 - A Resolution Pertaining To The
Nomination For The Board Of Directors Of The Jefferson
County Appraisal District
The Mayor introduced the above-mentioned Proposed Resolution.
Mayor Prince stated the following nomination into the record:
Dr. Louis Reed with 152 Votes
Upon the motion of Councilmember Williamson, seconded by Councilmember Wise and
carried unanimously, Proposed Resolution No. 15462 was adopted becoming Resolution
No. 09-406.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Beard, Williamson,
Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-406 reads as follows:
RESOLUTION NO. 09-406
A RESOLUTION PERTAINING TO THE NOMINATION
FOR THE BOARD OF DIRECTORS OF THE JEFFERSON
COUNTY APPRAISAL DISTRICT
(6) P. R. No. 15467 - A Resolution Authorizing The City
Manager To Execute An Indemnity And Hold Harmless
Agreement ('Agreement") (Attachments 1, 2, 3, 4 And 5)
With The Texas Department Of Housing And Community
Affairs (TDHCA) For The Completion Of Reconstruction Of
Homes That Were Identified With Substantial Damage
Caused By Hurricane Rita. The Program Will Be
Administered By The State Of Texas CDBG Disaster
Recovery Program
The Mayor introduced the above-mentioned Proposed Resolution.
Councilmember Williamson recused himself from the above-mentioned Proposed
Resolution and filed a conflict of interest affidavit with the City Secretary.
Upon the motion of Councilmember Henderson, seconded by Councilmember Wise and
carried unanimously, Proposed Resolution No. 15467 was adopted becoming Resolution
No. 09-407.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Beard, Wise and
Henderson.
Voting No: None.
City Council Minutes 11
Regular Meeting -September 8, 2009
The caption of Resolution No. 09-407 reads as follows:
RESOLUTION NO. 09-407
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN INDEMNITY AND HOLD HARMLESS
AGREEMENT ("AGREEMENT") (ATTACHMENTS 1, 2, 3,
4 AND 5) WITH THE TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS (TDHCA) FOR
THE COMPLETION OF RECONSTRUCTION OF HOMES
THAT WERE IDENTIFIED WITH SUBSTANTIAL
DAMAGE CAUSED BY HURRICANE RITA. THE
PROGRAM WILL BE ADMINISTERED BY THE STATE
OF TEXAS CDBG DISASTER RECOVERY PROGRAM
(7) P. R. No. 15468 - A Resolution Approving A Performance
Bond For Angel Trace Subdivision For Phase I
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Beard and seconded by Councilmember
Henderson Proposed that Proposed Resolution No. 15468 be adopted.
The following roll call vote was taken on the motion to adopted Proposed Resolution
No. 15468:
Councilmember Beard
Councilmember Henderson
Mayor Pro Tem Segler
Councilmember Williamson
Councilmember Wise
Mayor Prince
Proposed Resolution No. 15468 was adopted.
The caption of Resolution No. 09-408 reads as follows:
RESOLUTION NO. 09-408
"Yes"
"Yes"
"Yes"
"Yes"
"Yes"
"Yes"
A RESOLUTION APPROVING A PERFORMANCE BOND
FOR ANGEL TRACE SUBDIVISION FOR PHASE I
Councilmember Albright returned to the Council Chamber at 7:59 p.m.
(8) P. R. No. 15470 - A Resolution Authorizing The City
Manager To Execute An Amendment No. 2 To The Sales Tax
Refund Agreement With Port Arthur Holdings, III, Ltd. For
A Retail Center Development
The Mayor introduced the above-mentioned Proposed Resolution.
City Attorney Mark Sokolow distributed modifications to Amendment No. 2 of the Sales
Tax Refund Agreement.
The motion was made by Councilmember Henderson and seconded by Councilmember
Williamson that Proposed Resolution No. 15470 be adopted with the inclusion of the
modifications made by the City Attorney.
City Manager Steve Fitzgibbons addressed inquiries related to the proposed contract
amendment.
Proposed Resolution No. 15470 was adopted becoming Resolution No. 09-409.
City Council Minutes :12
Regular Meeting -September 8, 2009
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-409 reads as follows:
RESOLUTION NO. 09-409
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AMENDMENT NO. 2 TO THE SALES
TAX REFUND AGREEMENT WITH PORT ARTHUR
HOLDINGS, III, LTD. FOR A RETAIL CENTER
DEVELOPMENT
(9) P. R. No. 15474 - A Resolution Appointing And/Or
Reappointing A Member Or Members To The Beautification
Commission
The Mayor introduced the above-mentioned Proposed Resolution.
City Secretary Terri Hanks read the following nominations into the record:
District 2 Mayor Pro Tem Segler: Mr. Robert °Bob" Bodin
Ms. Maggie Bolden
District 3 Councilmember Albright: Mr. Ricky Freeman, Sr.
Councilmember Henderson read the following nomination into the record:
Position 8 Councilmember Henderson: Ms. Doris Guyden
Upon the motion of Councilmember Albright, seconded by Councilmember Henderson
and carried unanimously, Proposed Resolution No. 15474 was adopted with the above-
stated appointments, becoming Resolution No. 09-410.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-410 reads as follows:
RESOLUTION NO. 09-410
A RESOLUTION APPOINTING AND/OR
REAPPOINTING A MEMBER OR MEMBERS TO THE
BEAUTIFICATION COMMISSION
(10) P. R. No. 15480 - A Resolution As It Pertains To Purchasing
Property From Bayou Dock Ltd At A Cost Of $28,000, Plus
Closing Costs (Account No. 301-1601-591.54-00. Project
No. GO-803)
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Albright, seconded by Councilmember Henderson
and carried unanimously, Proposed Resolution No. 15480 was adopted becoming
Resolution No. 09-411.
City Council Minutes 13
Regular Meeting -September 8, 2009
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-411 reads as follows:
RESOLUTION NO. 09-411
A RESOLUTION AS IT PERTAINS TO PURCHASING
PROPERTY FROM BAYOU DOCK LTD AT A COST OF
$28,000, PLUS CLOSING COSTS (ACCOUNT NO. 301-
1601-591.54-00. PR07ECT NO. GO-803)
(11) P. R. No. 15488 - A Resolution As It Pertains To Operation
Crack-Down
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Albright and seconded by Councilmember
Henderson that Proposed Resolution No. 15488 be adopted.
Community Services Director Lawrence Baker appeared before the City Council to
address inquiries related to demolition of dilapidated structures by the Texas National
Guard.
Proposed Resolution No. 15488 was adopted becoming Resolution No. 09-412.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-412 reads as follows:
RESOLUTION NO. 09-412
A RESOLUTION AS IT PERTAINS TO OPERATION
CRACK-DOWN
B. Ordinances
(1) P. O. No. 6024 - An Ordinance Adopting A Tax Rate For The
Tax Year 2009 (Fiscal Year October 1, 2009 -September
30, 2010)
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. 6024 was tabled.
Proposed Ordinance No. 6024 was tabled.
(2) P. O. No. 6025 - An Ordinance Approving The 2009 Tax Roll
For The Use And Support Of The Municipal Government Of
The City Of Port Arthur; And Providing For The Interest And
Sinking Fund And Apportioning Each Levy For A Specific
Purpose
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. 6025 was tabled.
City Council Minutes 14
Regular Meeting -September 8, 2009
Proposed Ordinance No. 6025 was tabled.
(3) P. O. No. 6027 - An Ordinance Amending Section 2-282 Of
The Code Of Ordinances As It Pertains To Payment And
Performance Bonds
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. 6027 was adopted becoming
Ordinance No. 09-60.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-60 reads as follows:
ORDINANCE NO. 09-60
AN ORDINANCE AMENDING SECTION 2-282 OF THE
CODE OF ORDINANCES AS IT PERTAINS TO PAYMENT
AND PERFORMANCE BONDS
(4) P. O. No. 6029 - An Appropriation Ordinance Adopting A
Budget For The Ensuing Fiscal Year Beginning October 1,
2009 And Ending September 30, 2010, In Accordance With
Section 7, Article XII Of The Charter Of The City Of Port
Arthur
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. 6029 was tabled.
Proposed Ordinance No. 6029 was tabled.
(5) P. O. No. 6030 - An Appropriation Ordinance Amending The
Budget For The Fiscal Year Beginning October 1, 2008 And
Ending September 30, 2009
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. 6030 was adopted becoming
Ordinance No. 09-61.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-61 reads as follows:
ORDINANCE NO. 09-61
AN APPROPRIATION ORDINANCE AMENDING THE
BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009
(6) P. O. No. 6031 - An Ordinance As It Pertains To House Bill
2113 And September 11tH
City Council Minutes ~15
Regular Meeting -September 8, 2009
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. 6031 was adopted becoming
Ordinance No. 09-62.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-62 reads as follows:
ORDINANCE NO. 09-62
AN ORDINANCE AS IT PERTAINS TO HOUSE BILL
2113 AND SEPTEMBER i1T"
Mayor Prince announced that a September llt" Commemorative Ceremony will be held
9:00 a.m. at the Procter Street Pavilion.
(7) P. O. No. 6032 - An Ordinance Amending Ordinance No. 09-
58 As To The Sale Of Surplus Assorted Furniture/Minor
Equipment, Vehicles, Equipment, Or Heavy Equipment For
The City Of Port Arthur At A Public Online Auction
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Albright and seconded by Councilmember
Williamson that Proposed Ordinance No. 6032 be adopted.
Assistant City Manager/Administration Rebecca Underhill appeared before the City
Council to address inquiries related to surplus furniture and equipment.
Proposed Ordinance No. 6032 was adopted becoming Ordinance No. 09-63.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-63 reads as follows:
ORDINANCE NO. 09-63
AN ORDINANCE AMENDING ORDINANCE NO. 09-58
AS TO THE SALE OF SURPLUS ASSORTED
FURNITURE/MINOR EQUIPMENT, VEHICLES,
EQUIPMENT, OR HEAVY EQUIPMENT FOR THE CITY
OF PORT ARTHUR AT A PUBLIC ONLINE AUCTION
(8) P. O. No. 6034 - An Ordinance Amending Section 18-32 Of
The Code Of Ordinances Of The City Of Port Arthur, As To
Provide Certain Amendments Thereto Pertaining To
Permits Fees; Repealing All Ordinances Or Parts Of
Ordinances In Conflict Therewith; And Providing For An
Effective Date
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. 6034 was adopted becoming
Ordinance No. 09-64.
City Council Minutes X16
Regular Meeting -September 8, 2009
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-64 reads as follows:
ORDINANCE NO. 09-64
AN ORDINANCE AMENDING SECTION 18-32 OF THE
CODE OF ORDINANCES OF THE CITY OF PORT
ARTHUR, AS TO PROVIDE CERTAIN AMENDMENTS
THERETO PERTAINING TO PERMITS FEES;
REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE
(9) P. O. No. 6035 - An Appropriation Ordinance Approving
And Adopting A Budget For The City Of Port Arthur Section
4A Economic Development Corporation For The Ensuring
Fiscal Year Beginning October 1, 2009 And Ending
September 30, 2010 In Accordance With Section 12.03 Of
The Bylaws Of The Corporation
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. 6035 was tabled.
Proposed Ordinance No. 6035 was tabled.
C. *Reports And Recommendations -None
VIII. REPORTS OF BOARD & COMMITTEES -None
IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Councilmember Williamson:
1. Councilmember Williamson submitted photographs of landscape conditions at
Herman Park and requested a report on the park's landscape maintenance.
2. Requested a report on health code violations on Eunice Street.
3. Issued a warning to citizens to be cautious of imposters conducting census
scams.
X. AD]OURNMENT OF MEETING
Upon the motion by Mayor Pro Tem Segler, seconded by Councilmember Williamson
and carried unanimously, the City Council adjourned their meeting at 8:23 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
City Council Minutes '17
Regular Meeting -September 8, 2009
ATTEST:
CITY SECRETARY TERRI HANKS
END OF REGULAR MEETING HELD September 8, 2009.
APPROVED:
City Council Minutes .18
Regular Meeting -September 8, 2009