HomeMy WebLinkAboutSEPTEMBER 22, 2009 - REGULAR MEETINGREGULAR MEETING -September 22, 2009
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Flood 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 22, 2009 at 5:35 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 Jack Chatman, Jr., Martin Flood, 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 Morris Albright, III was absent from the Regular Meeting.
VI. CONSENT AGENDA
Upon the motion of Councilmember Williamson, seconded by Councilmember
Henderson and carried unanimously, the following Consent Agenda items were adopted
with the exception of Proposed Resolution No.'s 15490, 15500, 15501 and 15505.
A. Consideration And Approval Of Payment To Dell Marketing,
L.P., Dallas, TX In The Amount Of $24,249.45 (Reimbursed
Through The 2007 LETPP Grant) For The Purchase Of
Thirteen Laptop Computers And Twelve Portable Printers
For The Police Department
B. Consideration And Approval Of Payment To Library Design
Systems, Houston, TX In The Amount Of $6,239 For The
Purchase Of Audio-Visual Shelving For The Library
C. Consideration And Approval Of Payment For The City's Pro-
Rata Share Of The 2009-2010 Jefferson County Appraisal
District Funding Allocation In The Total Amount Of
$174,113.29 (Four Equal Payments Of $43,528.32)
D. Consideration And Approval Of Payment For The City's Pro
Rata Share Of The 2009-2010 Orange County Appraisal
District Funding Allocation In The Total Amount Of $14,266
(Four Equal Payments Of $3,566.50)
E. Consideration And Approval Of Payment To Computer
Information Systems, Inc., Skokie, IL In The Amount Of
$7,200 For The Annual License Renewal Fee For
Maintenance On The Police Department Computer Aided
Dispatch (CAD) System
F. Consideration And Approval Of Payment To Zoll Medical
Corporation In The Amount Of $12,375 For AOne-Year
Extended Warranty And Preventive Maintenance Contract
For The Fire Department's 10 Zoll M Series Defibrillators
G. Consideration And Approval Of Payment To Louisiana
Machinery, Lake Charles, LA In The Amount $9,698.64 For
Repairs To The Frame Equalizer On Landfill Dozer #1517
H. Consideration And Approval Of Payment To Philpott Ford of
Nederland, TX In The Amount $8,112.47 For Repairs To
Pick-up Truck #1504
I. Consideration And Approval Of Payment To Derrick Oil &
Supply, Inc., Port Arthur, TX In The Amount Of $5,781.58
For Diesel Purchased For The City's Landfill Use
]. Consideration And Approval Of Awarding A Bid To Contract
Resource Group, Houston, TX In The Amount Of $23,470.03
For The Purchase Of Furniture For The Library
K. Consideration And Approval Of The Purchase Of One (1)
Toshiba Model E-Studio 455 Copier From Buyboard In The
Amount Of $5,992.33 For The City Secretary's OfFice
L. Consideration And Approval Of Payment To Horiba Medical,
Inc. of Irvine, CA, In The Amount Of $6,620 For The Annual
Maintenance Agreement For The Horiba Hematology
Instrument
M. Consideration And Approval Of Payment To The Shop', Port
Arthur, TX In The Amount $13,841.56 For Engine Repairs
To A 2007 D7-R Caterpillar Dozer (Equipment #1628)
Resolutions -Consent
(i) P. R. No. 15436 - A Resolution Approving Third
Amendment To Economic Incentive Contract And Loan
Agreement Between The City Of Port Arthur Section 4A
Economic Development Corporation And Reliable Polymer
Services, L.P.
Proposed Resolution No. 15436 was adopted becoming Resolution No. 09-415.
(2) P. R. No. 15485 - A Resolution Authorizing The Execution
Of An Agreement For Independent Professional Services
Between The City Of Port Arthur And William D George, MD
And Re-Appointment As The City's Health Authority For The
Health And Fire Departments Pursuant To Section 121.023
Of The Texas Health And Safety Code
Proposed Resolution No. 15485 was adopted becoming Resolution No. 09-416.
(3) P. R. No. 15486 - A Resolution Authorizing The City
Manager To Execute The Certificate Of Substantial
Completion And Release The Retainage In The Amount Of
$149,554.40 For The Contract Between The City Of Port
Arthur And The Trevino Group Of Houston, Texas For
Construction Of The New Fire Station #6 At 4448 9"'
Avenue. Funding Being Available In Account No. Project
GO-804, 301-1601-591.82-00
Proposed Resolution No. 15486 was adopted becoming Resolution No. 09-417.
(4) P. R. No. 15490 - A Resolution As It Pertains To The
Disposition Of Equipment Obtained Via The Port Arthur
Weed And Seed Initiative
Proposed Resolution No. 15490 was held for individual consideration.
(5) P. R. No. 15495 - A Resolution Authorizing A Consulting
Contract For The Services Of Gallagher Benefit Services,
Inc. Related To The City's Other Post Employment Benefit
(OPEB), Retiree Health Insurance Plan
Proposed Resolution No. 15495 was adopted becoming Resolution No. 09-418.
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City Council Minutes
Regular Meeting -September 22, 2009
(6) P. R. No. 15496 - A Resolution Authorizing The City
Manager To Do All Things Necessary To Execute The
Settlement Of A Claim In The Amount Of $126,833.52 Made
Against Texas Municipal League Intergovernmental Risk
Pool (TML) As A Result Of The Property Damage To City Bus
#1577
Proposed Resolution No. 15496 was adopted becoming Resolution No. 09-419.
(7) P. R. No. 15500 - A Resolution Terminating The Contract
With Cordon's Lawn Service For Grass Cutting Services Of
Privately-Owned And City-Owned Vacant Lots In An Area
Of The City Designated As Area B
Proposed Resolution No. 15500 was held for individual consideration.
(8) P. R. No. 15501 - A Resolution Authorizing The Execution
Of Contracts Between The City Of Port Arthur And Non-
profit Service Organizations Pursuant To The Homelessness
Prevention And Rapid Re-Housing Program Grant In The
Amount Of $564,089. Funding Will. Be Allocated To The
Following Organizations: $103,393 To South East Texas
Regional Planning Commission, $243,607 To The Salvation
Army Of Port Arthur, $93,885 To Catholic Charities Of
Southeast Texas, $95,000 To Ellis Hospitality Center;
$28,204 Allocated To The City Of Port Arthur For Grant
Administration
Proposed Resolution No. 15501 was held for individual consideration.
(9) P. R. No. 15503 - A Resolution Calling For A Public Hearing
To Consider Granting A Specific Use Permit To Min
Transcontinental, Inc., For The Operation Of A Metal
Recycling Facility, Located At 8660 South i~ Avenue, AKA
Tract 7, BLK 159 Wm King (2.765 Acres) And Tract 8, BLK
159 WM King (0.544 Acres).
Proposed Resolution No. 15503 was adopted becoming Resolution No. 09-420.
(10) P. R. No. 15504 - A Resolution Authorizing/Designating
The Mardi Gras Entertainment Area For 2010, For Mardi
Gras Of Southeast Texas, Inc. As Exclusive Concessionaire
And Authorizing The City Manager To Execute An
Agreement With Them
Proposed Resolution No. 15504 was adopted becoming Resolution No. 09-421.
(li) P. R. No. 15505 - A Resolution Authorizing The City
Manager To Execute Renewal Contracts Between Its Third
Party Administrator (Administrative Services Only) For The
City Of Port Arthur Group Medical, Dental Insurance; For
Basic Life, For Basic Accidental Death And Dismemberment,
And Excess Loss Indemnity With Blue Cross And Blue
Shield Of Texas, Inc.
Proposed Resolution No. 15505 was held for individual consideration.
(12) P. R. No. 15507 - A Resolution Approving An Affiliation
Agreement Between The City Of Port Arthur Health
Department And Lamar University, Beaumont, Texas, For
The Use Of Community-Based Clinical Facilities For The
Education Of Nursing Students
Proposed Resolution No. 15507 was adopted becoming Resolution No. 09-422.
City Council Minutes
Regular Meeting -September 22, 2009
(13) P. R. No. 15508 - A Resolution Approving A Contract
Between The City Of Port Arthur And The Department Of
State Health Services For The CPS-Bioterrorism
Preparedness Program In The Amount Of $56,012
Proposed Resolution No. 15508 was adopted becoming Resolution No. 09-423.
(14) P. R. No. 15511- A Resolution Authorizing The City Manger
To Negotiate A Contract Between The City Of Port Arthur
And Arceneaux & Gates Consulting Engineers, Inc. Of Port
Arthur, Texas For Construction Phase Services Related To
The TWDB CWSRF (ARRA) Grant
Proposed Resolution No. 15511 was adopted becoming Resolution No. 09-424.
(15) P. R. No. 15512 - A Resolution Adopting An Energy
Efficiency And Conservation Strategy For The City Of Port
Arthur To Promote Responsible Use Of Electricity And Other
Energy Resources
Proposed Resolution No. 15512 was adopted becoming Resolution No. 09-425.
(16) P. R. No. 15515 - A Resolution Authorizing The Execution
Of An Agreement For Independent Professional Services
Between The City Of Port Arthur And Lloyd R. Haggard For
The Provision Of Consultation Services For The City's
Laboratory
Proposed Resolution No. 15515 was adopted becoming Resolution No. 09-426.
(17) P. R No. 15516 - A Resolution Authorizing The Execution Of
An Agreement For Independent Professional Services
Between The City Of Port Arthur And Kirk Matthew Vital, R.
PH, To Act As The City's Pharmacist-In-Charge For The
Health Department
Proposed Resolution No. 15516 was adopted becoming Resolution No. 09-427.
(18) P. R. No. 15517 - A Resolution Authorizing The Execution
Of A Contract Between The City Of Port Arthur And Rose E.
Quirante, R.D., For The Provision Of Dietary Consultation
Services For The Women, Infants And Children (WIC)
Program
Proposed Resolution No. 15517 was adopted becoming Resolution No. 09-428.
(19) P. R. No. 15518 - A Resolution Authorizing The Mayor And
City Manager To Execute An Agreement Between City Of
Port Arthur And SCS Engineers Of Bedford, Texas For
Installation Of Four Groundwater Monitoring Wells And
One Gas Probe For A Total Cost Of $33,100. Funding Is
Available In Account No. 403-1274-533.54-00
Proposed Resolution No. 15518 was adopted becoming Resolution No. 09-429.
(20) P. R. No. 15519 - A Resolution Authorizing A Contract For
The Services Of 7. R. Edwards And Associates, LLC, Certified
Public Accountants, As Independent Auditors For The City
Of Port Arthur For The Year Ending September 30, 2009
Proposed Resolution No. 15519 was adopted becoming Resolution No. 09-430.
4
City Council Minutes
Regular Meeting -September 22, 2009
(21) P. R. No. 15520 - A Resolution As It Pertains To The
Developer Participation Contract With Oakmont Properties,
Inc. And Stone Creek Apartments, Ltd. And The City's 29%
Participation In The Anchor Drive Extension
Proposed Resolution No. 15520 was adopted becoming Resolution No. 09-431.
(22) P. R. No. 15521 - A Resolution Expressing Intent To
Finance Expenditures T The Voters dIn~ 2007e For sThe
Bonds Authorized By
Acquisition, Renovation, Construction And Improvements
Of City Parks And Recreational Facilities, And To Be Issued
Proposed Resolution No. 15521 was adopted becoming Resolution No. 09-432.
(23) P. R. No. 15522 - A Resolution Approving The Payment Of
$12,380 By The City Of Port Arthur Section 4A Economic
Development Corporation To The Institute For Life Coping
Skill, Inc. For Training Materials And Supplies
Proposed Resolution No. 15522 was adopted becoming Resolution No. 09-433.
(24) P. R. No. 15523 - a Resolution Authorizing The City
Manager To Execute An Industrial District Agreement With
Praxair, Inc. For 2010
Proposed Resolution No. 15523 was adopted becoming Resolution No. 09-434.
(25) P. R. No. 15524 - A Resolution As It Pertains To
Terminating The Lease For The Department Club Building
Located At 1924 Lakeshore Drive
Proposed Resolution No. 15524 was adopted becoming Resolution No. 09-435.
(26) P. R. No. 15525 - A Resolution As It Pertains To The
Landscape Architecture Design Agreement Between The
City Of Port Arthur Section 4A Economic Development
Corporation And Rice University School Of Architecture
Proposed Resolution No. 15525 was adopted becoming Resolution No. 09-436.
(27) P. R. No. 15526 - A Resolution Approving A Contract
Between The City Of Port Arthur And The Texas Artists
Museum (TAMS) For The Purpose Of Funding The Museum
Located At 3501 Cultural Center Drive For The 2009-2010
Fiscal Year In The Amount Of $5,000, Account #140-1405-
551.59-00, M10301
Proposed Resolution No. 15526 was adopted becoming Resolution No. 09-437.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
Resolutions -Consent
(4) P. R. No. 15490 - A Resolution As It Pertains To The
Disposition Of Equipment Obtained Via The Port Arthur
Weed And Seed Initiative
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. 15490 be adopted.
5
City Council Minutes
Regular Meeting -September 22, 2009
First Assistant City Attorney Valecia "Val" Tizeno addressed inquiries related to the
equipment disposition and noted that the Weed and Seed Initiative Program will end
September 30, 2009.
Planning and Zoning Director Colleen Russell appeared before the City Council to
acknowledge that the Steering Committee selected the equipment recipients.
Proposed Resolution No. 15490 was adopted becoming Resolution No. 09-438.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood,
Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-438 reads as follows:
RESOLUTION NO. 09-438
A RESOLUTION AS IT PERTAINS TO THE
DISPOSITION OF EQUIPMENT OBTAINED VIA THE
PORT ARTHUR WEED AND SEED INITIATIVE
(7) P. R. No. 15500 - A Resolution Terminating The Contract
With Cordon's Lawn Service For Grass Cutting Services Of
Privately-Owned And City-Owned Vacant Lots In An Area
Of The City Designated As Area B
The Mayor introduced the above-mentioned Proposed Consent Resolution.
The motion was made by Councilmember Beard that Proposed Resolution No. 15500 be
tabled.
The motion to table failed for a lack of a second.
Community Services Director Lawrence Baker appeared before the City Council to
address inquiries regarding the proposed termination of grass cutting services and
discussed performance, reliability and staffing concerns.
The motion was made by Councilmember Chatman and seconded by Councilmember
Wise that Proposed Resolution No. 15500 be adopted.
Councilmember Chatman requested a copy of the correspondence from Cordon's Lawn
Service regarding the grass cutting services contract termination.
Proposed Resolution No. 15500 was adopted over the dissenting vote of
Councilmember Beard, becoming Resolution No. 09-439.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood,
Williamson, Wise and Henderson.
Voting No: Councilmember Beard.
The caption of Resolution No. 09-439 reads as follows:
RESOLUTION NO. 09-439
A RESOLUTION TERMINATING THE CONTRACT WITH
CORDON'S LAWN SERVICE FOR GRASS CUTTING
SERVICES OF PRIVATELY-OWNED AND CITY-OWNED
VACANT LOTS IN AN AREA OF THE CITY DESIGNATED
AS AREA B
City Council Minutes 6
Regular Meeting -September 22, 2009
(8) P. R. No. 15501 - A Resolution Authorizing The Execution
Of Contracts Between The City Of Port Arthur And Non-
profit Service Organizations Pursuant To The Homelessness
Prevention And Rapid Re-Housing Program Grant In The
Amount Of $564,089. Funding Will Be Allocated To The
Following Organizations: $103,393 To South East Texas
Regional Planning Commission, $243,607 To The Salvation
Army Of Port Arthur, $93,885 To Catholic Charities Of
Southeast Texas, $95,000 To Ellis Hospitality Center;
$28,204 Allocated To The City Of Port Arthur For Grant
Administration
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Beard that Proposed Resolution No. 15501 be adopted.
Grants Program Manager Mary Essex appeared before the City Council to discuss the
proposed funding allocation.
Proposed Resolution No. 15501 was adopted becoming Resolution No. 09-440.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood,
Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-440 reads as follows:
RESOLUTION NO. 09-440
A RESOLUTION AUTHORIZING THE EXECUTION OF
CONTRACTS BETWEEN THE CITY OF PORT ARTHUR
AND NON-PROFTT SERVICE ORGANIZATIONS
PURSUANT TO THE HOMELESSNESS PREVENTION
AND RAPID RE-HOUSING PROGRAM GRANT IN THE
AMOUNT OF $564,089. FUNDING WILL BE
ALLOCATED TO THE FOLLOWING ORGANIZATIONS:
$103,393 TO SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION, $243,607 TO THE
SALVATION ARMY OF PORT ARTHUR, $93,885 TO
CATHOLIC CHARITIES OF SOUTHEAST TEXAS,
$95,000 TO ELLIS HOSPITALITY CENTER; $28,204
ALLOCATED TO THE CITY OF PORT ARTHUR FOR
GRANT ADMINISTRATION
II. PROCLAMATIONS & MINUTES
Proclamations -None
Minutes
September 8, 2009 Special Meeting
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and
carried unanimously, the City Council approved the above-mentioned minutes.
September 8, 2009 Special/Executive Meeting
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and
carried unanimously, the City Council approved the above-mentioned minutes.
City Council Minutes ~
Regular Meeting -September 22, 2009
III. PETITIONS & COMMUNICATIONS
A. Speakers -None
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
B. Ordinances
(2) P. O. No. 6038 - An Ordinance As It Pertains To
Compensation And Benefits For The Mayor And
Councilmembers
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Flood and seconded by Councilmember
Chatman that Proposed Ordinance No. 6038 be adopted.
Human Resources Director Albert Thigpen appeared before the City Council to address
inquiries related to the proposed compensation and health insurance benefit plan for
elected officials.
City Attorney Mark Sokolow stated the following amendments into the record:
Section 2. That the Mayor and City Council will also have health
insurance as follows:
• Mayor and City Council, as well as their dependants, with the
same premium allocation as actual employees, as long as
they are in office.
Section 3. That this Ordinance will not take away the benefits
that retirees have.
The motion was made by Councilmember Flood and seconded by Councilmember
Chatman that Proposed Ordinance No. 6038 be adopted with the amendments as stated
by the City Attorney.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
6038 with the above-stated amendments:
Councilmember Beard "No"
Councilmember Chatman "No"
Councilmember Flood "Yes"
Councilmember Henderson "Yes"
Mayor Pro Tem Segler "Yes"
Councilmember Williamson "Yes"
Councilmember Wise "Yes"
Mayor Prince °Yes"
The motion to adopt Proposed Ordinance No. 6038 carried over the dissenting votes of
Councilmember Beard and Councilmember Chatman, becoming Ordinance No. 09-65.
The caption of Ordinance No. 09-65 reads as follows:
ORDINANCE NO. 09-65
AN ORDINANCE AS IT PERTAINS TO COMPENSATION
AND BENEFITS FOR THE MAYOR AND
COUNCILMEMBERS
Resolutions -Consent
(11) P. R. No. 15505 - A Resolution Authorizing The City
Manager To Execute Renewal Contracts Between Its Third
City Council Minutes 8
Regular Meeting -September 22, 2009
Party Administrator (Administrative Services Only) For The
City Of Port Arthur Group Medical, Dental Insurance; For
Basic Life, For Basic Accidental Death And Dismemberment,
And Excess Loss Indemnity With Blue Cross And Blue
Shield Of Texas, Inc.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Flood that Proposed Resolution No. 15505 be adopted.
Citv Attorney Mark Sokolow stated the following amendments into the record:
That the schedule of eligible premiums shall also include the Mayor and
City Council, so long as they are in office, as well as for their dependants,
with the same premium allocation as active employees.
That the Councilmembers and their dependents will be eligible for COBRA
once the City Council members leave office, as allowed be law.
That this resolution will not take away retiree benefits.
The motion was made by Councilmember Henderson and seconded by Councilmember
Flood that Proposed Resolution No. 15505 be adopted with the amendments as stated
by the City Attorney.
Before voting, the City Council proceeded with the following Presentation on Employee
and Retiree Health Insurance.
III. PETITIONS & COMMUNICATIONS
B. Presentations
(1) Employee And Retiree Health Insurance Plan Renewal By
Albert Thigpen And Pat Davis
Human Resources Director Albert Thigpen and Senior Human Resource Analyst Patricia
Davis appeared before the City Council to conduct the above-stated presentation.
Dr. Thigpen addressed the retiree liability imposed by the GASB (Governmental
Accounting Standards Board) 45 Regulation. The Human Resources Director
recommended implementation of "un-blended" coverage and that the insured
categories would be divided into the three following distinct categories:
(1) Active
(2) Retirees under 65
(3) Retirees over 65
Dr. Thigpen reported that in an effort to decrease the retiree liability, the retired
employees would be paying 50% of their health insurance premiums and that the
additional cost will be phased in during the next five years.
Councilmember Williamson requested a cost analysis of retiree and dependent health
care benefits.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
Resolutions -Consent
(11) P. R. No. 15505 - A Resolution Authorizing The City
Manager To Execute Renewal Contracts Between Its Third
Party Administrator (Administrative Services Only) For The
City Of Port Arthur Group Medical, Dental Insurance; For
Basic Life, For Basic Accidental Death And Dismemberment,
City Council Minutes 9
Regular Meeting -September 22, 2009
And Excess Loss Indemnity With Blue Cross And Blue
Shield Of Texas, Inc.
The motion was made by Councilmember Henderson and seconded by Councilmember
Flood that Proposed Resolution No. 15505 be adopted as follows:
City Attornev Mark Sokolow stated the following amendments into the record:
• That the schedule of eligible premiums shall also include the Mayor
and City Council, so long as they are in office, as well as for their
dependants, with the same premium allocation as active
employees.
• That the Councilmembers and their dependents will be eligible for
COBRA once the City Council members leave office, as allowed be
law.
• That this resolution will not take away retiree benefits.
• The additional retiree cost will be phased in during the next five
years.
• Exhibit "B-2" Retiree Health Insurance Rates to be adjusted
accordingly.
Proposed Resolution No. 15505 was adopted as amended above, becoming Resolution
No. 09-441.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood,
Beard, Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-441 reads as follows:
RESOLUTION NO. 09-441
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE RENEWAL CONTRACTS BETWEEN ITS
THIRD PARTY ADMINISTRATOR (ADMINISTRATIVE
SERVICES ONLY) FOR THE CITY OF PORT ARTHUR
GROUP MEDICAL, DENTAL INSURANCE; FOR BASIC
LIFE, FOR BASIC ACCIDENTAL DEATH AND
DISMEMBERMENT, AND EXCESS LOSS INDEMNITY
WITH BLUE CROSS AND BLUE SHIELD OF TEXAS,
INC.
III. PETITIONS & COMMUNICATIONS
B. Presentations
(2) Presentation Regarding City Of Port Arthur's $15,080,00
Grant -American Recovery And Reinvestment Act (ARRA)
For Sewer System Improvements (Requested By City
Manager)
Assistant City Manager/Operations John Comeaux appeared before the City Council to
announce that the City has been awarded a Texas Water Development Board grant for
sanitary sewer improvements from the American Recovery and Reinvestment Act
(ARRA), and discussed the award and project timeline.
Councilmember Flood left the Regular Meeting at 7:43 p.m.
C. Correspondence -None
City Council Minutes 10
Regular Meeting -September 22, 2009
IV. PUBLIC HEARINGS - 7:00 PM -NONE
V. UNFINISHED BUSINESS
Resolution
P. R. No. 15452 - A Resolution Authorizing The Distribution And
Collection Of The City Of Port Arthur Application For Certification
As A Port Arthur Business Enterprise (PABE)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Wise that Proposed Resolution No. 15452 be adopted.
Consultant Janis Hutchins appeared before the City Council to address inquiries related
to location requirements and the verification process for qualification of prospective
businesses.
The motion was made by Councilmember Wise and seconded by Councilmember
Chatman that Proposed Resolution No. 15452 be tabled.
The following roll call vote was taken on the motion to table Proposed Resolution No.
15452:
Councilmember Beard "Yes"
Councilmember Chatman °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. 15452 carried over the dissenting votes of
Mayor Prince and Councilmember Henderson.
Proposed Resolution No. 15452 was tabled.
Ordinances
(1) P. O. No. 6024 - An Ordinance Adopting A Tax Rate For The
Tax Year 2009 (Fiscal Year October i, 2009 -September
30, 2010)
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Beard, seconded by Councilmember Chatman and
carried unanimously, Proposed Ordinance No. 6024 was adopted becoming Ordinance
No. 09-66.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-66 reads as follows:
ORDINANCE NO. 09-66
AN ORDINANCE ADOPTING A TAX RATE FOR THE TAX
YEAR 2009 (FISCAL YEAR OCTOBER 1, 2009 -
SEPTEMBER 30, 2010)
City Council Minutes ~1
Regular Meeting -September 22, 2009
(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 Henderson, seconded by Councilmember Chatman
and carried unanimously, Proposed Ordinance No. 6025 was adopted becoming
Ordinance No. 09-67.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-67 reads as follows:
ORDINANCE NO.09-67
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
(3) 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 Henderson, seconded by Councilmember Chatman,
and carried unanimously, Proposed Ordinance No. 6029 was adopted becoming
Ordinance No. 09-68.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-68 reads as follows:
ORDINANCE NO. 09-68
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
(4) 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 Ensuing
Fiscal Year Beginning October i, 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.
City Council Minutes t2
Regular Meeting -September 22, 2009
Upon the motion of Councilmember Chatman, seconded by Councilmember Henderson,
and carried unanimously, Proposed Ordinance No. 6035 was adopted becoming
Ordinance No. 09-69.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Beard,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-69 reads as follows:
ORDINANCE NO. 09-69
AN APPROPRIATION ORDINANCE APPROVING AND
ADOPTING A BUDGET FOR THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION FOR THE ENSUING FISCAL YEAR
BEGINNING OCTOBER 1, 2009 AND ENDING
SEPTEMBER 30, 2010 IN ACCORDANCE WITH
SECTION 12.03 OF THE BYLAWS OF THE
CORPORATION
Councilmember Beard left the Council Chamber at 8:09 p.m.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
(i) P. R. No. 15494 - A Resolution Setting Public Hearings As
To Review The Service Plans For The Annexation Of The
Properties Of Chevron USA, Oxbow Calcining, LLC And
Praxair And The Necessary Adjacent Land And to Receive
Comments From The Public On Proposed Annexations
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Chatman, seconded by Councilmember Williamson,
and carried unanimously, Proposed Resolution No. 15494 was adopted becoming
Resolution No. 09-442.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-442 reads as follows:
RESOLUTION NO. 09-442
A RESOLUTION SETTING PUBLIC HEARINGS AS TO
REVIEW THE SERVICE PLANS FOR THE ANNEXATION
OF THE PROPERTIES OF CHEVRON USA, OXBOW
CALCINING, LLC AND PRAXAIR AND THE NECESSARY
ADJACENT LAND AND TO RECEIVE COMMENTS FROM
THE PUBLIC ON PROPOSED ANNEXATIONS
(2) P. R. No. 15506 - A Resolution Appointing A Lay
Representative And An Alternate Lay Representative To
The Houston Area Library System
The Mayor introduced the above-mentioned Proposed Resolution.
Mayor Prince read the following nominations to the Houston Area Library System into
the record:
City Council Minutes 13
Regular Meeting -September 22, 2009
Mrs. Deanie DeLee, Lay Representative
Mr. Fernando Ramirez, Alternate Lay Representative
Upon the motion of Councilmember Williamson, seconded by Councilmember Chatman,
and carried unanimously, Proposed Resolution No. 15506 was adopted with the above-
stated nominations, becoming Resolution No. 09-443.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-443 reads as follows:
RESOLUTION NO. 09-443
A RESOLUTION APPOINTING A LAY
REPRESENTATIVE AND AN ALTERNATE LAY
REPRESENTATIVE TO THE HOUSTON AREA LIBRARY
SYSTEM
B. Ordinances
(1) P. O. No. 6036 - An Ordinance Adding Section 30-6 To The
Code Of Ordinances To Establish A Municipal Court Building
Security Fund; Providing For A Severance And Savings
Clause, Publication, And An Effective Date
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Henderson, seconded by Councilmember Chatman
and carried unanimously, Proposed Ordinance No. 6036 was adopted becoming
Ordinance No. 09-70.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman,
Williamson, Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-70 reads as follows:
ORDINANCE N0.09-70
AN ORDINANCE ADDING SECTION 30-6 TO THE CODE
OF ORDINANCES TO ESTABLISH A MUNICIPAL COURT
BUILDING SECURITY FUND; PROVIDING FOR A
SEVERANCE AND SAVINGS CLAUSE, PUBLICATION,
AND AN EFFECTIVE DATE
C. *Reoorts And Recommendations
(1) Update On Downtown Revitalization -Held For Next Regular
Meeting
(2) Update On Recovery Hurricane Ike and Stimulus Projects
City Manager Steve Fitzgibbons addressed the above-mentioned report.
Councilmember Henderson requested Sabine Pass hurricane recovery information.
VIII. REPORTS OF BOARD & COMMITTEES -None
Councilmember Chatman left the Regular Meeting at 8:20 p.m.
City Council Minutes t4
Regular Meeting -September 22, 2009
Councilmember Beard returned to the Council Chamber at 8:24 p.m.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON- CONSENT
Resolutions -Consent
(3) P. R. No. 15486 - A Resolution Authorizing The City
Manager To Execute The Certificate Of Substantial
Completion And Release The Retainage In The Amount Of
$149,554.40 For The Contract Between The City Of Port
Arthur And The Trevino Group Of Houston, Texas For
Construction Of The New Fire Station #6 At 4448 9ti'
Avenue. Funding Being Available In Account No. Project
GO-804, 301-1601-591.82-00
The Mayor re-introduced the above-mentioned Proposed Consent Resolution.
The motion was made by Councilmember Williamson and seconded by Councilmember
Henderson that Proposed Consent Resolution No. 15486 /Resolution No. 09-417 be
revisited.
CitkAttorney Mark Sokolow read the following amendment into the record:
The Resolution is contingent upon the Trevino Group documenting that
their a-mail dated September 22, 2009 is true and correct.
The motion was made by Councilmember Williamson and seconded by Councilmember
Henderson that Proposed Resolution No. 15486 /Resolution No. 09-417 be revised as
stated-above by the City Attorney.
Proposed Resolution No. 15486 /Resolution No. 09-417 was amended.
Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Beard, Williamson,
Wise and Henderson.
Voting No: None.
RESOLUTION NO. 09-417
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE CERTIFICATE OF SUBSTANTIAL
COMPLETION AND RELEASE THE RETAINAGE IN THE
AMOUNT OF $149,554.40 FOR THE CONTRACT
BETWEEN THE CITY OF PORT ARTHUR AND THE
TREVINO GROUP OF HOUSTON, TEXAS FOR
CONSTRUCTION OF THE NEW FIRE STATION #6 AT
4448 9r" AVENUE. FUNDING BEING AVAILABLE IN
ACCOUNT NO. PROJECT GO-804, 301-1601-591.82-
00
IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Councilmember Beard:
1. Requested distribution of smoke, fire and carbon monoxide detectors, and
batteries to needy families.
2. Reported receiving complaints concerning convenience stores on Jade Avenue
and Gulfway Drive.
3. Commented on the Port Arthur Industrial Group's recent meeting.
City Council Minutes 1~
Regular Meeting -September 22, 2009
Councilmember Williamson:
1. Recommended reviewing surveillance equipment for recent vandalism at Barker
Park.
2. Reported receiving complaints at the Jade Avenue convenience store.
3. Requested the Fire Department submit a list of needed items to facilitate arson
investigation.
Mavor Prince•
1. Mayor Prince announced that "National Night Out" will be held on Tuesday,
October 6, 2009 and reported that volunteers from the Port Arthur Neighborhood
Action Council (PANAC) and One Block at a Time will be participating.
2. The Mayor announced that on Saturday, October 3, 2009 local volunteer groups
will be participating in a "GrafFti-Off' Project.
3. Mayor Prince requested that community information for the "National Night Out",
the "Graffiti-OfF" Project and qualifying for free smoke detectors be made
available on the Government Channel.
4. The Mayor announced that funeral services for house fire victim and city
employee, Rodney Mitchell, will be at the Shiloh Missionary Baptist Church on
Bluebonnet, Saturday, September 26, 2009.
First Assistant City Attorney Valecia "Val" Tizeno added that eighteen year old fire
victim, Tony Cole, was a Teen Court and One Block at a Time volunteer.
X. ADJOURNMENT OF MEETING
Upon the motion by Mayor Pro Tem Segler, seconded by Councilmember Williamson
and carried unanimously, the City Council adjourned their meeting at 8:35 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 September 22, 2009.
APPROVED:
City Council Minutes t6
Regular Meeting -September 22, 2009