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HomeMy WebLinkAboutMIN 10-06-2009 Regular Meeting MinutesREGULAR MEETING -October 6, 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, October 6, 2009 at 8:40 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, Martin Flood, 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, First Assistant City Attorney Valecia "Val" Tizeno and Sergeant At Arms Chief of Police Mark Blanton. Councilmember Jack Chatman, Jr. joined the Regular Meeting at 8:45 a.m. Councilmember John Beard, Jr. joined the Regular Meeting at 9:15 a.m. II. PROCLAMATIONS & MINUTES Proclamations Mayor Prince acknowledged October 5-9, 2009 as "National Fire Prevention Week". Mayor Prince presented the followingproclamations: "National Breast Cancer Awareness Month" -October, 2009 "Mammography Day" -October 16, 2009 "~ulie Rogers "Gift of Life" Program Day" -October 20, 2009 Julie Rogers Gift of Life Marketing Coordinator Kathy Chessher appeared before the City Council to accept the proclamation. She announced "Putting on the Pink",abreast cancer awareness event featuring entertainment by Actress Debbie Reynolds, will be held Tuesday, October 20, 2009 at the Julie Rogers Theater. Julie Rogers Gift of Life Program Representatives distributed cancer prevention educational materials. "National Arts and Humanities Month" -October, 2009 Councilmember Chatman joined the Regular Meeting at 8:45 a.m. Minutes September 8, 2009 Regular Meeting Upon the motion of Councilmember Albright, seconded by Councilmember Flood and carried unanimously, the City Council approved the above-mentioned minutes. September 22, 2009 Special Executive 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 -None B. Presentations -None C. Correspondence -None V. UNFINISHED BUSINESS 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 Williamson to adopt Proposed Resolution No. 15452. City Manager Steve Fitzgibbons addressed inquiries regarding the Port Arthur Business Enterprise application and certification process. The motion was made by Councilmember Wise and seconded by Councilmember Chatman to table Proposed Resolution No. 15452. Proposed Resolution No. 15452 was tabled over the dissenting votes of Mayor Prince; Councilmember Williamson and Councilmember Henderson. IV. PUBLIC HEARINGS - 9:00 AM (1) To Consider Whether Or Not To Create A Reinvestment Zone For The Downtown Area The Mayor introduced the above-mentioned Public Hearing at 9:05 a.m. City Attorney Mark Sokolow presented an overview of the Public Hearing for the creation of a downtown reinvestment zone. Mayor Prince requested to hear from anyone in the audience regarding the proposed reinvestment zone. No one appeared to address the Public Hearing. Upon the motion of Councilmember Williamson, seconded by Councilmember Chatman and carried unanimously, the Public Hearing was closed at 9:12 a.m. (2) To Consider Granting A Specific Use Permit For A Metal Recycling Facility. 8660 South First Avenue, Tract 7, Lot 7, 159 WM King 2.765 & Tract 8, 159 WM King, Seafood Enterprise, Inc., Sabine Pass, Jefferson County, Texas. 209- 07 (SUP #210) Applicant: MIN Transcontinental, Inc. The Mayor introduced the above-mentioned Public Hearing at 9:13 a.m. Planning and Zoning Director Colleen Russell appeared before the City Council to present an overview of the proposed specific use permit for a metal recycling facility in Sabine Pass. Councilmember Beard joined the Regular Meeting at 9:15 a.m. Mayor Prince requested to hear from anyone in the audience regarding the proposed specific use permit. No one appeared to address the Public Hearing. Upon the motion of Councilmember Henderson, seconded by Councilmember Williamson and carried unanimously, the Public Hearing was closed at 9:21 a.m. VI. CONSENT AGENDA Upon the motion of Councilmember Albright, seconded by Councilmember Chatman and carried unanimously, the following Consent Agenda items were adopted with the exception of Consent Items E and F and Proposed Consent Resolution No.'s 15471, 15513, 15535, 15540, 15547 and 15550: City Council Minutes 2 Regular Meeting -October 6, 2009 A. Consideration And Approval Of The Purchase Of Two Heavy Utility Trucks From H-GAC (Through Philpott Motor Company, Nederland, TX) In The Amount Of $78,770.24 For The Utility Operations Department (Water Administration Division) B. Consideration And Approval Of Payment To Grayson Armature, Orange, TX In The Amount Of $22,851.49 For Repairs To A Vertical 75HP Motor And A 300HP Motor For The Utility Operations Department (Wastewater Conveyance Division) C. Consideration And Approval Of Payment To Rural Pipe & Supply, ]asper, TX In The Amount Of $8,595 For The Purchase Of A 12" Level Control Valve For The Utility Operations Department (Water Distribution Division) D. Consideration And Approval Of Payment To Triangle Waste Solutions, L.P., In The Amount Of $11,177 For The Rental Of Portable Toilets Used In The Sabine Pass Area Following Hurricane Ike E. Consideration And Approval Of Payment To Dallas Dodge, Dallas, TX (Through HGAC) In The Amount Of $186,522 For The Purchase Of Three Police Vehicles Consent Item E was held for individual consideration. F. Consideration And Approval Of The Purchase Of One (i) Panasonic Toughbook Laptop And Three (3) Badger Trimble Ranger Handheld From Rural Pipe & Supply, ]asper, Texas In The Amount Of $26,366.00 For The Water Utility Department Consent Item F was held for individual consideration. G. Expense Reports Mayor Deloris "Bobbie" Prince: Use Of Personal Auto For City Business Months Of August & September, 2009 $107.80 Resolutions -Consent (i) P. R. No. 15465 - A Resolution Approving A Contract Between The City Of Port Arthur, Lamar State College-Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2009-2010 Fiscal Year In The Amount Of $144,336, Account #140-1405-557.59-00, M97904 Proposed Resolution No. 15465 was adopted becoming Resolution No 09-444. (2) P. R. No. 15471 - A Resolution Authorizing The Execution Of An Encroachment Agreement Between The City Of Port Arthur And TOTAL Petrochemicals USA, Inc. Pertaining To A Public Right-Of-Way Whereupon A Private Sanitary Sewer Line Was Constructed Along Locust Avenue Between Laurel Street And Terrell Street, In Fairlea Addition In The City Of Port Arthur Proposed Resolution No. 15471 was held for individual consideration. City Council Minutes 3 Regular Meeting -October 6, 2009 (3) P. R. No. 15513 - A Resolution Authorizing A Consulting Contract For The Services Of A. R. Panzera, CIMC, Benefit Plan Consultant Related To The City's Other Post Employment Benefit (OPEB) Proposed Resolution No. 15513 was held for individual consideration. (4) P. R. No. 15514 - A Resolution Authorizing The Execution Of A CDBG Contract In The Amount Of $7,500.00 Between The Port Arthur Neighborhood Action Council And The City Of Port Arthur To Provide Neighborhood Security Through The Use Of Neighborhood Action Groups, Primarily In Low To Moderate Income Neighborhoods Proposed Resolution No. 15514 was adopted becoming Resolution No 09-445. (5) P. R. No. 15531- A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For The Texas Point National Wildlife Refuge For The Operation Of A Radio Tower, Located At 7950 South Gulfway Drive, A.K.A. 5 Acres Out Of 61.50 Acre-Tract 178, A-167 Sohn McGaffey Survey (Lies 4 Miles In The Southwest Sector From The 4 Way Stop In Sabine Pass), Port Arthur, 7efferson County, Texas Proposed Resolution No. 15531 was adopted becoming Resolution No 09-446. (6) P. R. No. 15533 - A Resolution Authorizing The City Manager, Fire Chief, And Police Chief To Apply For Round 8 Of The 2008 Port Security Grant Proposed Resolution No. 15533 was adopted becoming Resolution No 09-447. (7) P. R. No. 15535 - A Resolution Authorizing The City Manager To Enter Into An Agreement Between The City Of Port Arthur And DynaSource, Inc. To Review And Make Recommendations On The City's Records Management Program For An Amount Not To Exceed $6,000 Proposed Resolution No. 15535 was held for individual consideration. (8) P. R. No. 15538 - A Resolution As It Pertains To A Payment In The Amount Of $6,170.30 To Stonewater, Inc., For Services For The Contract Between The City Of Port Arthur And Stonewater, Inc. For Community Development Block Grant Disaster Recovery Program, Housing Reconstruction, Account Number 117-1404-621.59-00 Proposed Resolution No. 15538 was adopted becoming Resolution No 09-448. (9) P. R. No. 15539 - A Resolution Authorizing Additional Services For The Contract Approved dune 2, 2009 Between The City Of Port Arthur And Arceneaux & Gates Consulting Engineers, Inc. Of Port Arthur, Texas For Professional Services Related To The TWDB CWSRF (ARRA) Grant Increasing The Budget For This Engineering Service By $56,500 To A Total Of $421,500. Account 426-1625- 532.54-00, Project 426016 Proposed Resolution No. 15539 was adopted becoming Resolution No 09-449. City Council Minutes 4 Regular Meeting -October 6, 2009 (10) P. R. No. 15540 - A Resolution Authorizing The City Of Port Arthur To Enter Into Contract With The Texas Department Of Housing And Community Affairs (TDHCA) For The Implementation Of The Neighborhood Stabilization Program (NSP) In The Amount Of $2,322,948 Proposed Resolution No. 15540 was held for individual consideration. (11) P. R. No. 15541 - A Resolution Authorizing Acceptance Of An Advance Payment Of $200,000.00 For Hurricane Ike Related Windstorm Damages From The City's Windstorm Insurance Carrier (McGriff, Seibels & Williams) Proposed Resolution No. 15541 was adopted becoming Resolution No 09-450. (12) P. R. No. 15543 - A Resolution Authorizing The City Manager To Execute Change Order No. 1 Increasing The Scope Of Services For The Contract Between The City Of Port Arthur And dames W. Turner Construction, LTD For Community Development Block Grant Disaster Recovery Program, Housing Reconstruction, Account Number 106- 1425-571.59-00, Project Number RITA04 Proposed Resolution No. 15543 was adopted becoming Resolution No 09-451. (13) P. R. No. 15547 - A Resolution Authorizing The City Manager To Execute An Indemnity And Hold Harmless Agreement ("Agreement") 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 Proposed Resolution No. 15547 was held for individual consideration. (14) P. R. No. 15549 - A Resolution Authorizing The City Of Port Arthur To Support A Comprehensive Selective Traffic Enforcement Grant (S.T.E.P.) In The Amount Of $48,971.93 With A Cash Match By The City Of Port Arthur In The Amount Of $7,629.26 (Account No. 001-1101-521.92-00) Proposed Resolution No. 15549 was adopted becoming Resolution No 09-452. (15) P. R. No. 15550 - A Resolution Authorizing A Consulting Contract For The Services Of Strasburger And Price, LLP, Attorney's At Law, As Consultants Related To The City's Retiree Health Insurance Plan Proposed Resolution No. 15550 was held for individual consideration. (16) P. R. No. 15556 - A Resolution Authorizing The Execution Of A Contract For Professional/Technical Services Between The City Of Port Arthur And Soutex Surveyors, Inc. Acting Through Anthony Leger, Vice-President, For Certain Professional And Technical Engineering Services In The Amount Of $42,500. Engineering Account No. 001-1202- 531.54-00 Proposed Resolution No. 15556 was adopted becoming Resolution No 09-453. City Council Minutes Regular Meeting -October 6, 2009 (17) P. R. No. 15557 - A Resolution Authorizing The Mayor To Execute A Department Of The Army License Agreement For The Continued Operation And Maintenance Of A 16-Inch Water Line Beneath The Port Arthur Canal Proposed Resolution No. 15557 was adopted becoming Resolution No 09-454. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT Items -Consent E. Consideration And Approval Of Payment To Dallas Dodge, Dallas, TX (Through HGAC) In The Amount Of $186,522 For The Purchase Of Three Police Vehicles The Mayor introduced the above-mentioned Proposed Consent Item. The motion was made by Councilmember Williamson and seconded by Councilmember Chatman that Proposed Consent Item E be adopted. Chief of Police Mark Blanton appeared before the City Council to address inquiries related to the proposed police vehicle purchase. Proposed Consent Item E was adopted. Councilmember Albright left the Council Chamber at 9:40 a.m. F. Consideration And Approval Of The Purchase Of One (i) Panasonic Toughbook Laptop And Three (3) Badger Trimble Ranger Handheld From Rural Pipe & Supply, gasper, Texas In The Amount Of $26,366.00 For The Water Utility Department The Mayor introduced the above-mentioned Proposed Consent Item. The motion was made by Councilmember Henderson and seconded by Councilmember Williamson that Proposed Consent Item F be adopted. Assistant City Manager/Administration Rebecca Underhill appeared before the City Council to address inquiries regarding the proposed specialty equipment purchase. Proposed Consent Item F was adopted. Councilmember Albright returned to the Council Chamber at 9:43 p.m. Resolutions -Consent (2) P. R. No. 15471 - A Resolution Authorizing The Execution Of An Encroachment Agreement Between The City Of Port Arthur And TOTAL Petrochemicals USA, Inc. Pertaining To A Public Right-Of--Way Whereupon A Private Sanitary Sewer Line Was Constructed Along Locust Avenue Between Laurel Street And Terrell Street, In Fairlea Addition In The City Of Port Arthur The Mayor introduced the above-mentioned Proposed Consent Resolution. First Assistant City Attorney Valecia Tizeno stated the following revision into the record: The proposed encroachment agreement corporate name shall be revised as an agreement between the City of Port Arthur and TOTAL PAR, LLC. City Council Minutes 6 Regular Meeting -October 6, 2009 Upon the motion of Councilmember Flood, seconded by Councilmember Chatman and carried unanimously, Proposed Consent Resolution No. 15471 was adopted with above- stated revision, becoming Resolution No. 09-455. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-455 reads as follows: RESOLUTION NO. 09-455 A RESOLUTION AUTHORIZING THE EXECUTION OF AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND TOTAL PAR, LLC PERTAINING TO A PUBLIC RIGHT-OF-WAY WHEREUPON A PRIVATE SANITARY SEWER LINE WAS CONSTRUCTED ALONG LOCUST AVENUE BETWEEN LAUREL STREET AND TERRELL STREET, IN FAIRLEA ADDITION IN THE CITY OF PORT ARTHUR (3) P. R. No. 15513 - A Resolution Authorizing A Consulting Contract For The Services Of A. R. Panzera, CIMC, Benefit Plan Consultant Related To The City's Other Post Employment Benefit (OPEB) The Mayor introduced the above-mentioned Proposed Consent Resolution. Upon the motion of Councilmember Beard, seconded by Councilmember Williamson and carried unanimously, Proposed Consent Resolution No. 15513 was tabled. Proposed Consent Resolution No. 15513 was tabled. (7) P. R. No. 15535 - A Resolution Authorizing The City Manager To Enter Into An Agreement Between The City Of Port Arthur And DynaSource, Inc. To Review And Make Recommendations On The City's Records Management Program For An Amount Not To Exceed $6,000 The Mayor introduced the above-mentioned Proposed Consent Resolution. Upon the motion of Councilmember Albright, seconded by Councilmember Williamson and carried unanimously, Proposed Consent Resolution No. 15535 was adopted becoming Resolution No. 09-456. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-456 reads as follows: RESOLUTION NO. 09-456 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND DYNASOURCE, INC. TO REVIEW AND MAKE RECOMMENDATIONS ON THE CITY'S RECORDS MANAGEMENT PROGRAM FOR AN AMOUNT NOT TO EXCEED $6,000 City Council Minutes 7 Regular Meeting -October 6, 2009 (10) P. R. No. 15540 - A Resolution Authorizing The City Of Port Arthur To Enter Into Contract With The Texas Department Of Housing And Community Affairs (TDHCA) For The Implementation Of The Neighborhood Stabilization Program (NSP) In The Amount Of $2,322,948 The Mayor introduced the above-mentioned Proposed Consent Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Chatman that Proposed Consent Resolution No. 15540 be adopted. City Manager Steve Fitzgibbons addressed inquiries related to the proposed contract with the TDHCA and the implementation of the NSP. Proposed Resolution No. 15540 was adopted becoming Resolution No. 09-457. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-457 reads as follows: RESOLUTION NO. 09-457 A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR TO ENTER INTO CONTRACT WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA) FOR THE IMPLEMENTATION OF THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) IN THE AMOUNT OF $2,322,948 (13) P. R. No. 15547 - A Resolution Authorizing The City Manager To Execute An Indemnity And Hold Harmless Agreement ("Agreement'? 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 Consent Resolution. Councilmember Williamson recused himself from the above-mentioned item and filed a conflict of interest affidavit with the City Secretary. Upon the motion of Councilmember Beard, seconded by Councilmember Albright and carried unanimously, Proposed Consent Resolution No. 15547 was adopted becoming Resolution No. 09-458. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-458 reads as follows: RESOLUTION N0.09-458 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDEMNITY AND HOLD HARMLESS AGREEMENT ("AGREEMENT") WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY City Council Minutes 8 Regular Meeting -October 6, 2009 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 (15) P. R. No. 15550 - A Resolution Authorizing A Consulting Contract For The Services Of Strasburger And Price, LLP, Attorney's At Law, As Consultants Related To The City's Retiree Health Insurance Plan The Mayor introduced the above-mentioned Proposed Consent Resolution. Upon the motion of Councilmember Williamson, seconded by Councilmember Henderson and carried unanimously, Proposed Consent Resolution No. 15550 was tabled. Proposed Consent Resolution No. 15550 was tabled. A. Resolutions (1) P. R. No. 15306 - A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation's Policies And Procedures For Incentive Contracts And Repealing Resolution No. 03-307 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Proposed Resolution No. 15306 be adopted. Economic Development Corporation Chief Executive OfFcer Floyd Batiste appeared before the City Council to address inquiries related to incentive policies and procedures. Councilmember Henderson requested an EDC quarterly report. Proposed Resolution No. 15306 was adopted becoming Resolution No. 09-459. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-459 reads as follows: RESOLUTION NO. 09-459 A RESOLUTION APPROVING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION'S POLICIES AND PROCEDURES FOR INCENTIVE CONTRACTS AND REPEALING RESOLUTION N0.03-307 (2) P. R. No. 15530 - A Resolution Approving Funding Of An Additional $7,000 To The Southeast Texas Economic Development Foundation (SETEDF) For The Assistance Of The Regional Economic Development Initiative (REDI) To Coordinate The Regional Economic Development Efforts For The Region Of Hardin, Jefferson And Orange Counties The Mayor introduced the above-mentioned Proposed Resolution. City Council Minutes 9 Regular Meeting -October 6, 2009 The motion was made by Councilmember Beard and seconded by Councilmember Williamson that Proposed Resolution No. 15530 be adopted. Economic Development Corporation Chief Executive Officer Floyd Batiste appeared before the City Council to address inquiries regarding the proposed funding. Councilmember Williamson requested a current regional economic development initiative report. Proposed Resolution No. 15530 was adopted over the dissenting vote of Councilmember Beard, becoming Resolution No. 09-460. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Williamson, Wise and Henderson. Voting No: Councilmember Beard. The caption of Resolution No. 09-460 reads as follows: RESOLUTION N0.09-460 A RESOLUTION APPROVING FUNDING OF AN ADDITIONAL $7,000 TO THE SOUTHEAST TEXAS ECONOMIC DEVELOPMENT FOUNDATION (SETEDF) FOR THE ASSISTANCE OF THE REGIONAL ECONOMIC DEVELOPMENT INITIATIVE (REDI) TO COORDINATE THE REGIONAL ECONOMIC DEVELOPMENT EFFORTS FOR THE REGION OF HARDIN, JEFFERSON AND ORANGE COUNTIES (3) P. R. No. 15534 - A Resolution Pertaining To The Nomination For The Board Of Directors Of The Orange County Appraisal District The Mayor introduced the above-mentioned Proposed Resolution. City Secretary Terri Hanks read the following nominations into the record: Candidate Votes Lynda Gunstream 13 Hughie Allen 13 Laura Floyd 12 Nancy Gray Ashworth 12 Virginia Fawcett 12 The motion was made by Councilmember Chatman and seconded by Councilmember Henderson that Proposed Resolution No. 15534 be adopted. City Manager Steve Fitzgibbons addressed inquiries related to the Orange County Appraisal District's jurisdiction and appointment process. Proposed Resolution No. 15534 was adopted over the dissenting votes of Councilmembers Chatman, Flood and Beard, becoming Resolution No. 09-461. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Williamson, Wise and Henderson. Voting No: Councilmembers Chatman, Flood and Beard. The caption of Resolution No. 09-461 reads as follows: City Council Minutes l0 Regular Meeting -October 6, 2009 RESOLUTION N0.09-461 A RESOLUTION PERTAINING TO THE NOMINATION FOR THE BOARD OF DIRECTORS OF THE ORANGE COUNTY APPRAISAL DISTRICT (4) P. R. No. 15537 - A Resolution Pertaining To Germer Gertz, L.L.P. Acting As The Legal Counsel For The City Of Port Arthur Section 4A Economic Development Corporation The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Henderson that Proposed Resolution No. 15537 be adopted. Economic Development Corporation Chief Executive Officer Floyd Batiste appeared before the City Council to address inquiries regarding the proposed legal agreement. The motion was made by Councilmember Williamson and seconded by Councilmember Henderson that Proposed Resolution No. 15537 be held after the Executive Session. Proposed Resolution No. 15537 was held after the Executive Session. (5) P. R. No. 15545 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Submit An Application To The U. S. Department Of Labor, Employment And Training Administration For Pathways Out Of Poverty Grant Funding The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Williamson that Proposed Resolution No. 15545 be adopted. Economic Development Corporation Chief Executive Officer Floyd Batiste appeared before the City Council to address inquiries regarding the proposed grant funding. Proposed Resolution No. 15545 was adopted becoming Resolution No. 09-462. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-462 reads as follows: RESOLUTION NO. 09-462 A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO SUBMIT AN APPLICATION TO THE U. S. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION FOR PATHWAYS OUT OF POVERTY GRANT FUNDING (6) P. R. No. 15548 - A Resolution Amending The Agreement Between The City Of Port Arthur And Carl Parker (Requested By Mayor Prince) Account No. 001-1003- 512.59-00, Project No. M97913 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Henderson that Proposed Resolution No. 15548 be adopted. City Council Minutes 11 Regular Meeting -October 6, 2009 Assistant City Manager/Administration Rebecca Underhill addressed inquiries regarding Former Senator Carl Parker's current agreement and the proposed amendment. Councilmember Beard requested that the following be made a part of the record: I want this stated for the record that I do have a real concern with the fees, with doing this, and about why we are doing this. I know we are going into an election cycle and that probably has some effect in this, too. But, given the conditions that we have here in this city and that we have substantially raised our citizen's taxes, you know, by 3.2 cents and all the other economic constraints that are going on. Being the fact that the legislation will not be in session again until, when 2011, unless a special session is called for. We have always done this on a basis where you got a flat rate, a rate that varied. I am not going to be able to support this. Simply, just giving him a flat rate across the board, whether they are in session or not. I don't think that is being a very responsible thing to do and I can't support it. But, we have always done it before...To keep it where out of session was one rate, in session, because we knew it was greater demands on him to be there, be available, and to work in our behalf, that was different. I have no problem with supporting him continuing to do so, but not with that substantial of an increase. At a flat rate across the board for twenty- four months. That's $70,000 a year, versus what we were doing previously, which is at least a third less. I don't see any justification for doing this, especially with the legislation not being in session. City Manager Steve Fitzgibbons acknowledged the many accomplishments of Former Senator Carl Parker's legal services. Councilmember Beard requested a report on legal agreements. Councilmember Flood left the Council Chamber at 10:45 a.m. Proposed Resolution No. 15548 was adopted over the dissenting vote of Councilmember Beard, becoming Resolution No. 09-463 Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Williamson, Wise and Henderson. Voting No: Councilmember Beard. The caption of Resolution No. 09-463 reads as follows: RESOLUTION N0.09-463 A RESOLUTION AMENDING THE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND CARL PARKER (REQUESTED BY MAYOR PRINCE) ACCOUNT NO.001-1003-512.59-00, PROJECT NO. M97913 (7) P. R No. 15551 - A Resolution Authorizing A Contract With EMR, Incorporated For A Drainage Evaluation Study In An Amount Not To Exceed $4,000 In Regards To Possible FEMA Reimbursable Debris Removal From Hurricane Ike, Account 001-1204-531.54-00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Chatman that Proposed Resolution No. 15551 be adopted. City Manager Steve Fitzgibbons addressed inquiries related to hurricane debris removal. City Council Minutes 12 Regular Meeting -October 6, 2009 Councilmember Flood returned to the Council Chamber at 10:50 a.m. Proposed Resolution No. 15551 was adopted becoming Resolution No. 09-464. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-464 reads as follows: RESOLUTION N0.09-464 A RESOLUTION AUTHORIZING A CONTRACT WITH EMR, INCORPORATED FOR A DRAINAGE EVALUATION STUDY IN AN AMOUNT NOT TO EXCEED $4,000 IN REGARDS TO POSSIBLE FEMA REIMBURSABLE DEBRIS REMOVAL FROM HURRICANE I KE, ACCOUNT 001-1204-531.54-00 (8) P. R. No. 15553 - A Resolution As It Pertains To Incentive Programs For Hotels (Requested By Councilmembers Flood, Beard And Chatman) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson that Proposed Resolution No. 15553 be tabled. The motion to table Proposed Resolution No. 15553 failed, because of a lack of a second. The motion was made by Councilmember Williamson and seconded by Councilmember Chatman that Proposed Resolution No. 15553 be adopted. The motion was made by Councilmember Albright and seconded by Councilmember Flood that Proposed Resolution No. 15553 be adopted with the following amendment: The hotel is to be located south of Highway 73. The motion was made by Councilmember Albright and seconded by Councilmember Williamson that Proposed Resolution No. 15553 be adopted with the following amendments: 1. The hotel is adjacent to the Bob Bowers Civic Center; or 2. The hotel provides support for the City's emergency operations; or 3. The hotels are located south of Highway 73. The motion was made by Councilmember Albright and seconded by Councilmember Williamson that Proposed Resolution No. 15553 be adopted with the following amendments: The City Council recommends that future incentives for (public infrastructure for hotels) not be approved for the next five (years) unless: 1. The hotel is adjacent to the Bob Bowers Civic Center; or 2. The hotel provides support for the City's emergency operations; or 3. The hotel is located south of Highway 73. Proposed Resolution No. 15553 was adopted with the above-stated amendments, becoming Resolution No. 09-465. City Council Minutes 13 Regular Meeting -October 6, 2009 Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-465 reads as follows: RESOLUTION N0.09-465 A RESOLUTION AS IT PERTAINS TO INCENTIVE PROGRAMS FOR HOTELS (REQUESTED BY COUNCILMEMBERS FLOOD, BEARD AND CHATMAN) (9) P. R. No. 15554 - A Resolution Approving The Payment Of The Final Retainage To Trevino Group. Account No. Project GO-804, 301-1601-591.82-00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Williamson that Proposed Resolution No. 15554 be tabled. Councilmember Albright and Councilmember Williamson removed their motions to table Proposed Resolution No. 15554. The motion was made by Councilmember Williamson and seconded by Councilmember Beard that Proposed Resolution No. 15554 be adopted. City Attorney Mark Sokolow addressed inquiries related to the proposed final retainage. Proposed Resolution No. 15554 was adopted becoming Resolution No. 09-466. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-466 reads as follows: RESOLUTION N0.09-466 A RESOLUTION APPROVING THE PAYMENT OF THE FINAL RETAINAGE TO TREVINO GROUP. ACCOUNT NO. PROJECT GO-804, 301-1601-591.82-00 (10) P. R. No. 15558 - A Resolution Approving An Agreement With Digital Workforce Academy The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Chatman that Proposed Resolution No. 15558 be adopted. Economic Development Corporation Chief Executive OfFcer Floyd Batiste appeared before the City Council to address inquiries related to the proposed agreement. The motion was made by Councilmember Chatman and seconded by Mayor Pro Tem Segler that Proposed Resolution No. 15558 be tabled. Proposed Resolution No. 15558 was tabled over the dissenting vote of Councilmember Williamson. City Council Minutes 14 Regular Meeting -October 6, 2009 B. Ordinances (1) P. O. No. 6039 - An Ordinance Pertaining To The Appointment Of An Acting City Attorney And For Providing Transition Thereon Proposed Ordinance No. 6039 was held until after the Executive Session. (2) P. O. No. 6040 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Specific Use Permit For Min Transcontinental, Inc. Recycling Facility To Operate At 8660 South 1~ Avenue By (betty Road) And The Sabine Neches Ship Channel. The Legal Description Of The Property Is Tract 7 And Tract 8 Of The WM King Survey, A-300159, Approximately 3.311 Acres, City Of Port Arthur, Jefferson County, Texas; Violation Of This Ordinance (Or The Zoning Ordinance Of The City Of Port Arthur) Is Punishable As Provided In Section i-13 Of The City Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars; Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After The Publication Date. Z09-07 - (SUP 2l0) MIN Transcontinental Recycling Facility On About 3.11 Acres Out Of The WM King Survey Sabine Pass, Jefferson County, Texas The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmember Beard that Proposed Ordinance No. 6040 be adopted. Planning and Zoning Director Colleen Russell appeared before the City Council to address inquiries related to the proposed Specific Use Permit for a Recycling Facility in Sabine Pass. Councilmember Albright and Councilmember Henderson left the Council Chamber at 11:35 a.m. Proposed Ordinance No. 6040 was adopted becoming Ordinance No. 09-71. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Beard, Williamson and Wise. Voting No: None. The caption of Ordinance No. 09-71 reads as follows: ORDINANCE NO.09-71 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING A SPECIFIC USE PERMIT FOR MIN TRANSCONTINENTAL, INC. RECYCLING FACILITY TO OPERATE AT 8660 SOUTH 1~ AVENUE BY (BETTY ROAD) AND THE SABINE NECHES SHIP CHANNEL. THE LEGAL DESCRIPTION OF THE PROPERTY IS TRACT 7 AND TRACT 8 OF THE WM KING SURVEY, A- 300159, APPROXIMATELY 3.311 ACRES, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS; VIOLATION OF THIS ORDINANCE (OR THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR) IS PUNISHABLE AS PROVIDED IN SECTION 1-13 OF THE CITY ORDINANCES AS AMENDED BY FINE NOT EXCEEDING TWO THOUSAND [$2,000.00] DOLLARS; City Council Minutes 15 Regular Meeting -October 6, 2009 PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER THE PUBLICATION DATE. Z09-07 - (SUP 210) MIN TRANSCONTINENTAL RECYCLING FACILITY ON ABOUT 3.11 ACRES OUT OF THE WM KING SURVEY SABINE PASS, JEFFERSON COUNTY, TEXAS (3) P. O. No. 6042 - An Ordinance Authorizing The Donation Of Bicycles, Weed Eaters, And Lawnmowers To The Port Cities Rescue Mission Of Port Arthur, Texas The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Beard and seconded by Councilmember Chatman that Proposed Ordinance No. 6042 be adopted. Councilmember Albright and Councilmember Henderson returned to the Council Chamber at 11:37 a.m. Councilmember Chatman left the Council Chamber at 11:38 a.m. Chief of Police Mark Blanton appeared before the City Council to address inquiries related to the proposed donation of abandoned property to the Port Cities Rescue Mission. Proposed Ordinance No. 6042 was adopted becoming Ordinance No. 09-72. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Ordinance No. 09-72 reads as follows: ORDINANCE N0.09-72 AN ORDINANCE AUTHORIZING THE DONATION OF BICYCLES, WEED EATERS, AND LAWNMOWERS TO THE PORT CITIES RESCUE MISSION OF PORT ARTHUR, TEXAS The City Council recessed their Regular Meeting at 11:41 a.m. and reconvened their Regular Meeting at 1:33 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Flood, Beard, Williamson and Henderson; City Manager Fitzgibbons; City Secretary Hanks; City Attorney Sokolow; First Assistant City Attorney Tizeno and Sergeant At Arms Chief of Police Mark Blanton. C. *Reoorts And Recommendations (1) Update On Downtown Revitalization Economic Development Corporation Chief Executive Officer Floyd Batiste appeared before the City Council to present the above-mentioned report. Councilmember Wise joined the Regular Council Meeting at 1:37 p.m. (2) Update On Recovery Hurricane Ike And Stimulus Projects City Manager Steve Fitzgibbons, Assistant City Manager/Administration Rebecca Underhill, First Assistant City Attorney Valecia Tizeno and Neighborhood Stabilization Program Administrative Clerk Jalessa Green appeared before the City Council to present the above-mentioned report. City Council Minutes 16 Regular Meeting -October 6, 2009 Economic Development Corporation Chief Executive Officer Floyd Batiste appeared before the City Council to report on the EDC's participation efforts. Civic Center Director Adam Saunders appeared before the City Council to report on ongoing survey information. Councilmember Chatman joined the Regular Meeting at 1:54 p.m. VII REPORTS OF BOARDS & COMMITTEES -None IX. CLOSED MEETING (EXECUTIVE SESSION) (1) Section 551.074 Government Code - To Discuss The Appointment Of An Acting City Attorney And Transition Thereof (2) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To The City's Boardwalk (3) Section 551.087 Government Code - To Discuss Possible Incentives As To Call Centers The City Council recessed their Regular Meeting at 2:04 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their Regular Meeting at 3:43 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Beard, Williamson, Wise and Henderson; City Manager Fitzgibbons; City Secretary Hanks; City Attorney Sokolow; First Assistant City Attorney Tizeno and Sergeant At Arms Chief of Police Mark Blanton. Councilmember Albright left the Regular Meeting after the Executive Session. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (9) P. R. No. 15554 - A Resolution Approving The Payment Of The Final Retainage To Trevino Group. Account No. Project GO-804, 301-1601-591.82-00 The Mayor re-introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Beard that Proposed Resolution No. 15554 /Resolution No. 09-466 be reconsidered. City Attorney Mark Sokolow recommended rescinding and tabling Proposed Resolution No. 15554 /Resolution No. 09-466 until further review of outstanding account payables. The motion was made by Councilmember Williamson and seconded by Councilmember Beard that Proposed Resolution No. 15554 /Resolution No. 09-466 be rescinded and tabled. Proposed Resolution No. 15554 /Resolution No. 09-466 was rescinded and tabled. (4) P. R. No. 15537 - A Resolution Pertaining To Germer Gertz, L.L.P. Acting As The Legal Counsel For The City Of Port Arthur Section 4A Economic Development Corporation The Mayor introduced the above-mentioned Proposed Resolution. City Attorney Mark Sokolow made the following amendment for the record: "...with Guy Goodson as the lead attorney and who will only have a backup who is an experienced partner." City Council Minutes 1 ~ Regular Meeting -October 6, 2009 Upon the motion of Councilmember Williamson, seconded by Councilmember Flood and carried unanimously, Proposed Resolution No. 15537 was adopted with the above- stated amendment by the City Attorney, becoming Resolution No. 09-466. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-466 reads as follows: RESOLUTION NO. 09-466 A RESOLUTION PERTAINING TO GERMER GERTZ, L.L.P. ACTING AS THE LEGAL COUNSEL FOR THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION B. Ordinances (1) P. O. No. 6039 - An Ordinance Pertaining To The Appointment Of An Acting City Attorney And For Providing Transition Thereon The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmember Williamson that Proposed Ordinance No. 6039 be adopted. The motion was made by Councilmember Wise and seconded by Councilmember Beard that Proposed Ordinance No. 6039 be adopted with the following amendment: "Allowing the City Council to move forward with the appointment of Valecia Tizeno as the Acting City Attorney and immediately begin the employment search for a permanent City Attorney." Assistant City Manager/Administration Rebecca Underhill appeared before the City Council to address inquiries related to employment hiring and advertisement expenses. The following roll call vote was taken on the motion to amend Proposed Ordinance No. 6039: Councilmember Beard "Yes" Councilmember Chatman "Yes" Councilmember Flood "Yes" Councilmember Henderson "No" Mayor Pro Tem Segler "No" Councilmember Williamson "No" Councilmember Wise "Yes" Mayor Prince "No" The motion to amend Proposed Ordinance No. 6039 failed. Mavor Prince made the following amendment into the record: That the City Council hereby appoints Ms. Valecia Tizeno as Acting City Attorney at Range 72, Step 1 with a $160 monthly automobile allowance and a $40 monthly cell phone allowance. The motion was made by Councilmember Henderson and seconded by Councilmember Williamson that Proposed Ordinance No. 6039 be adopted with the above-stated amendment. City Council Minutes lg Regular Meeting -October 6, 2009 The following roll call vote was taken on the motion to amend Proposed Ordinance No. 6039 with the above-statement amendment: Councilmember Beard "No" Councilmember Chatman "Yes" Councilmember Flood "Yes" Councilmember Henderson "Yes" Mayor Pro Tem Segler "Yes" Councilmember Williamson "Yes" Councilmember Wise "No" Mayor Prince "Yes" The motion to amend Proposed Ordinance No. 6039 carried over the dissenting votes of Councilmember Beard and Councilmember Wise, becoming Ordinance No. 09-73. The caption of Ordinance No. 09-73 reads as follows: ORDINANCE N0.09-73 AN ORDINANCE PERTAINING TO THE APPOINTMENT OF AN ACTING CITY ATTORNEY AND FOR PROVIDING TRANSITION THEREON (1) P. O. No. 6039 - An Ordinance Pertaining To The Appointment Of An Acting City Attorney And For Providing Transition Thereon The City Manager re-introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Wise and seconded by Councilmember Williamson to amend Proposed Ordinance No. 6039 with the following amendment: "That the cap on the reimbursement as to accrual of sick time is removed as it pertains to Mark Sokolow." Human Resources Director Albert Thigpen appeared before the City Council to state that the amendment is included in the Proposed Ordinance. Councilmember Wise and Councilmember Williamson withdrew their motions to amend. IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Councilmember Beard: i. Requested a listing of the Neighborhood Stabilization Program's property acquisition locations. 2. Requested acquiring a subscription to the REDI (Regional Economic Development Initiative) Newsletter. 3. Requested a report on the Downtown Revitalization Board organizational structure. 4. Requested information on the Water Utility Fund and costs for subsidizing water rates. 5. Requested a report on prospective Boardwalk Projects. Councilmember Chatman: 1. Requested a Weed and Seed Grant final report and a surplus equipment report. City Council Minutes 19 Regular Meeting -October 6, 2009 2. Requested a report on the Sabine Pass Water Tower and a daily water loss report. 3. Requested a report on Digital Workforce pertaining to job retention rates and percentage of Port Arthur residents.. 4. Requested a crime report at the O.W. Collins apartment complex. Councilmember Flood: 1. Reported security light outages on Texas Avenue. 2. Reported storm drain problems on Sharon and Plaza Streets. Councilmember Wise: Councilmember Wise requested an agenda item to nominate members to the Downtown Revitalization Board. X. ADJOURNMENT OF MEETING City Attorney Mark Sokolow extended appreciation to the City Council for the opportunity of serving the City of Port Arthur. Mayor Prince announced that road construction will begin on 39th Street, from Ninth Avenue to Twin City Highway. Upon the motion by Councilmember Henderson, seconded by Councilmember Chatman and carried unanimously, the City Council adjourned their meeting at 4:19 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 October 6, 2009. APPROVED: City Council Minutes 20 Regular Meeting -October 6, 2009