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HomeMy WebLinkAboutMIN 10-20-2009 Regular Meeting MinutesREGULAR MEETING -October 20, 2009 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Thomas J. "Tom" Henderson gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, October 20, 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, Dawana K. Wise and Thomas J. "Tom" Henderson, City Manager Steve Fitzgibbons, Assistant City Secretary Sherri Bellard, Acting City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Mark Blanton. Councilmember John Beard, Jr. joined the Regular Meeting at 6:30 p.m. Councilmembers Morris Albright, III and Robert E. "Bob" Williamson were absent from the Regular Meeting. II. PROCLAMATIONS & MINUTES Minutes September 15, 2009 Special Meeting Upon the motion of Councilmember Henderson, seconded by Councilmember Wise and carried unanimously, the City Council approved the above-mentioned minutes. September 22, 2009 Regular Meeting Upon the motion of Councilmember Chatman, seconded by Councilmember Henderson and carried unanimously, the City Council approved the above-mentioned minutes. Proclamations Mayor Prince presented the followinq Proclamations: "National Domestic Violence Awareness Month" -October, 2009 Family Violence Prevention Specialist Cindy Ferttita appeared before the City Council to address domestic violence and receive the above-mentioned proclamation. "Fire Prevention Week" -October 5 -October 10, 2009 Port Arthur Fireman Mike Free appeared before the City Council to receive the above- mentioned proclamation. III. PETITIONS & COMMUNICATIONS A. Speakers (1) Matthew Therretis Regarding Building Of Apartment Complex And Increase Of Crime Rate In The Area Mr. Matthew Therretis, 1101 West Fifth Street, appeared before the City Council to discuss crime in his residential area and ofrer his assistance to fight crime. (2) Lloyd Johnson Regarding Permit For Smitty's Gas Ship Across The Street From Memorial High School - NOT PRESENT (3) Patti Harrington And Kandi Bryant Regarding Housing Policies And Precedures Realtor Patti Harrington, 3955 Champion Court, appeared before the City Council to discuss creation of housing opportunities for the Port Arthur citizens who qualify for first time home buyer assistance. Lender Kandi Bryant, no address given, appeared before the City Council to suggest a unified collaboration between area realtors, lenders and city staff to enhance the programs offered to first time home buyers. B. Presentations -None C. Correspondence -None V. UNFINISHED BUSINESS (1) 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. Upon the motion of Councilmember Henderson, seconded by Councilmember Chatman and carried unanimously, Proposed Resolution No. 15452 was adopted becoming Resolution No. 09-469. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-469 reads as follows: RESOLUTION N0.09-469 A RESOLUTION AUTHORIZING THE DISTRIBUTION AND COLLECTION OF THE CITY OF PORT ARTHUR APPLICATION FOR CERTIFICATION AS A PORT ARTHUR BUSINESS ENTERPRISE (PABE) (2) 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. Upon the motion of Councilmember Henderson, seconded by Councilmember Chatman and carried unanimously, Proposed Resolution No. 15554 was adopted becoming Resolution No. 09-470. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-470 reads as follows: RESOLUTION N0.09-470 A RESOLUTION APPROVING THE PAYMENT OF THE FINAL RETAINAGE TO TREVINO GROUP. ACCOUNT NO. PROJECT GO-804, 301-1601-591.82-00 2 City Council Minutes Regular Meeting -October 20, 2009 (3) 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 Flood and seconded by Councilmember Chatman that Proposed Resolution No. 15558 be adopted. Acting CitK Attorney Valecia Tizeno read into the record the following revision to Exhibit ~~ p ii, The next class is scheduled for on or about December 14, 2009 and Digital Workforce is committed to complete the classes as required by this agreement by 7uly i, 2010. The motion was made by Councilmember Wise and seconded by Councilmember Chatman that Proposed Resolution No. 15558 be tabled. The following roll call vote was taken on the motion to table Proposed Resolution No. 15558: Councilmember Chatman "Yes" Councilmember Flood "Yes" Councilmember Henderson "No" Mayor Pro Tem Segler "No" Councilmember Wise "Yes" Mayor Prince "No" The motion to table Proposed Resolution No. 15558 failed to carry. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 15558: Councilmember Chatman "No" Councilmember Flood "No" Councilmember Henderson "Yes" Mayor Pro Tem Segler "Yes" Councilmember Wise "No" Mayor Prince "Yes" The motion to adopt Proposed Resolution No. 15558 failed to carry. (4) P.O. No. 6037 - An Ordinance Providing For Holiday Pay For The Fiscal Year 2009 - 2010 (Requested By Mayor Prince) The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Wise, seconded by Councilmember Chatman and carried unanimously, Proposed Ordinance No. 6037 was adopted becoming Ordinance No. 09-74. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Wise and Henderson. Voting No: None. The caption of Ordinance No. 09-74 reads as follows: ORDINANCE N0.09-74 AN ORDINANCE PROVIDING FOR HOLIDAY PAY FOR THE FISCAL YEAR 2009 - 2010 (REQUESTED BY MAYOR PRINCE) City Council Minutes 3 Regular Meeting -October 20, 2009 VI. CONSENT AGENDA e motion of Councilmember Henderson, seconded by Councilmember Chatman Upon th unanimous) ,the following Consent Agenda items were adopted with the and carved Y Item F Pro osed Resolutions No's. 15560, 15571, 15575, 15579 and exception of P 15581: A. Consideration And Approval Of Awarding A Bid To Beaumont, TX In The Amount BetterBuilt Fence Company At Various Utility Operations Of $16,740 For Fencined Durin Hurricane Ike Department Sites Damag 9 B. Consideration And Approval Of Payment To MKY Enterprises, Port Arthur, TX In The Amount Of $8,400 For The Purchase Of Support Services For The Fire Department C. Consideration And Approval Of Payment To Medic-CE, Houston, TX In The Amount Of $5,406 For The Purchase Of Two Years On-Line Medical Continuing Education Classes For The Fire Department Consideration And Approval Of Payment To Kay Electronics, D. Inc., Beaumont, TX In The Amount Of $50,335:82 For The Purchase Of A New Digital Radio Communication System For The Transit Department E. Consideration And Approval Of Payment To Rural Pipe & Supply, gasper, TX And Aqua-Metric Sales Company, Riverside, CA For The Purchase Of Large Water Meters F. Consideration And Approval Of Awarding A Bid To Center Court, LLC., Baton Rouge, LA In The Amount Of $12,110 For The Resurfacing Of The Tennis Court At Washington Park Item F was held for individual consideration. G. Consideration And Approval Of Payment To Dell (Through The Texas Department Of Information Resources) In The Amount Of $23,281.79 For The Purchase Of Computer Hardware And Software To Support The City s GIS System H. Consideration And Approval Of Payment To Houston Area Library Automated Network (HALAN) In The Amount Of $37,790 For FY 2010 Library Computer Services I. Consideration And Approval Of Payment To The Southeast Texas Regional Planning Commission In The Amount Of $29,756.84 For Fiscal Year 2010 Dues And Program Support ~. Expense Rep,= Assistant City Secretary Sherri Bellard: Attended TMCCP Graduate Institute Seminar 1 280.61 October 7-10, 2009, San Antonio, TX $ Resolutions -Consent 1 P. R. No. 15441- A Resolution Authorizing The City Of Port () hur To Enter Into An Agreement With The U. S. Art De artment Of Energy For An Energy Efficiency And p Conservation Block Grant In The Amount Of $541,300 4 City Council Minutes Regular Meeting -October 20, 2009 Proposed Resolution No. 15441 was adopted becoming Resolution No. 09-471. (2) P. R. No. 15451 - A Resolution Awarding The Contract For Equipment Batteries To Battery Warehouse Of Orange, Texas For An Estimated Amount Of $12,588.00 Proposed Resolution No. 15451 was adopted becoming Resolution No. 09-472. (3) P. R. No. 15481 - A Resolution Authorizing The City Manager To Execute An Agreement With The South East Texas Regional Planning Commission For The Acceptance Of A Social Services Block Grant Proposed Resolution No. 15481 was adopted becoming Resolution No. 09-473. (4) P. R. No. 15492 - A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion From Toe Wilson, fir. Of Arceneaux And Gates Consulting Engineers, Inc. And Contractor's Certificate And Release And Contractor's Certificate Of Guarantee From ALLCO, Inc. For The Completion Of Public Water System Improvements To Serve The PAISD -Memorial High School Stadium And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas Proposed Resolution No. 15492 was adopted becoming Resolution No. 09-474. (5) P. R. No. 15528 - A Resolution Authorizing The City Manager To Execute Amendments One Through Seven (1- 7) To Amend The Original Contract #C060003 Between South East Texas Regional Planning Commission And The City Of Port Arthur For The Interlocal Agreement With The South East Texas Regional Planning Commission For The TDHCA Disaster Recovery Program Proposed Resolution No. 15528 was adopted becoming Resolution No. 09-475. (6) P. R. No. 15542 - A Resolution Authorizing An Interlocal Agreement Between The South East Texas Regional Planning Commission And The City Of Port Arthur For The Texas Department Of Housing And Community Affairs (TDHCA) Hurricane Ike Disaster Recovery Program Proposed Resolution No. 15542 was adopted becoming Resolution No. 09-476. (7) P. R. No. 15560 - A Resolution Approving A Professional Agreement With Carl R. Griffith & Associates, Inc. Proposed Resolution No. 15560 was held for individual consideration. (8) P. R. No. 15564 - A Resolution Accepting The Sub- Recipient Award For The 2009 State Homeland Security Grant Program Projected At $163,919.57 For The State Homeland Security Program (SHSP) And $114,292.41 For The Law Enforcement Activities Program (LEAP) For A Total Award Of $278,211.98 Proposed Resolution No. 15564 was adopted becoming Resolution No. 09-477. (9) P. R. No. 15566 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee For The 9~" Avenue Sanitary Sewer Extension Project, Approving Change Order No. i And Final; And Approving Final City Council Minutes Regular Meeting -October 20, 2009 Payment Of $19,140.26 To Troy Construction, L.L.C., And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas. Fund No. 419-1622-532.83-00, Project No. 419803 Proposed Resolution No. 15566 was adopted becoming Resolution No. 09-478. (10) P. R. No. 15567 - A Resolution Authorizing The Budget Amendment To The South East Texas Regional Planning Commission's Homelessness Prevention And Rapid Re- Housing (HPRP) Grant In The Amount Of $103,393 Proposed Resolution No. 15567 was adopted becoming Resolution No. 09-479. (li) P. R. No. 15568 - A Resolution Approving Teaching Contracts And The Fall Youth Empowerment Program To Be Facilitated By fudge Glenda Hatchett And Kemba Smith Proposed Resolution No. 15568 was adopted becoming Resolution No. 09-480. (12) P. R. No. 15570 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts Proposed Resolution No. 15570 was adopted becoming Resolution No. 09-481. (13) P. R. No. 15571 - A Resolution Authorizing The Execution Of A Contract For Professional/Technical Services Between The City Of Port Arthur And Carroll & Blackman, Inc. Acting Through Kim L. Carroll, P.E., President, For Certain Professional Engineering Services Related To The Texas Pollutant Discharge Elimination System Phase II Storm Water Discharge Permit In The Amount Of $14,640. Drainage Account No. 001-1204-531.59-01 Proposed Resolution No. 15571 was held for individual consideration. (14) P. R. No. 15573 - 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. 15573 was adopted becoming Resolution No. 09-482. (15) P. R. No. 15574 - A Resolution To Approve The FY 2009- 2010 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Card Participation Proposed Resolution No. 15574 was adopted becoming Resolution No. 09-483. (16) P. R. No. 15575 - A Resolution Approving A Contract Amendment Between The City Of Port Arthur And The Department Of State Health Services For The Community Preparedness Section/Public Health Emergency Response (PHER) As Shown By Amendment No. 001A Proposed Resolution No. 15575 was held for individual consideration. (17) P. R. No. 15578 - A Resolution Authorizing The City Manager To Pay Quarterly Fees For Landfill Disposal To The 6 City Council Minutes Regular Meeting -October 20, 2009 Texas Commission On Environmental Quality (TCEQ) For The Fiscal Year 2010 Not To Exceed $250,000. Funding Is Available In Account No. 403-1274-533.59-01 Pro osed Resolution No. 15578 was adopted becoming Resolution No. 09-484. p lg P. R. No. 15579 - A Resolution Awarding A Contract And ( ) Authorizing The Execution Of Said Contract In The Amount Of $2,748,577.00 For The Sanitary Sewer Rehabil~tat~on By Pipebursting &Sliplining Methods To Serve Basins PA64CV & PA66, Contract No. 6, Between The City Of Port Arthur And Allco, Inc., Of Beaumont, Texas, Account No. 404- 1625-532.83-00, City Project No. 404PB6 Proposed Resolution No. 15579 was held for individual consideration. ig P. R. No. 15580 - A Resolution.Awarding A Contract And ( ) Authorizing The Execution Of Said Contract In The Amount Of $2,813,305.63 For The Sanitary Sewer Rehabilitation By Pipebursting &Sliplining Methods To Serve Basins LC73, LC709 & SE435, Contract No. 7, Between The City Of Port Arthur And Simco Enterprises, Ltd., Of Groves, Texas, Account No. 404-1625-532.83-00, City Project No. 404PB7 Pro osed Resolution No. 15580 was adopted becoming Resolution No. 09-485. p VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT Consent -Item F. Consideration And Approval Of Awarding A Bid To Center Court, LLC., Baton Rouge, LA In The Amount Of $12,110 For The Resurfacing Of The Tennis Court At Washington Park The Mayor introduced the above-mentioned item. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Item F be adopted. Human Resource Director Albert Thigpen appeared before the City Council to answer inquires regarding the bid process and recommendation for award. The motion to adopt Item F carried. Consent -Resolutions 7) P. R. No. 15560 - A Resolution Approving A Professional Agreement With Carl R. Griffith & Associates, Inc. The Mayor introduced the above-mentioned Proposed Resolution., The motion was made by Councilmember Wise and seconded by Councilmember Henderson that Proposed Resolution No. 15560 be adopted. Assistant City Manager/Administration Rebecca Underhill appeared before the City Council to address inquiries regarding the proposed professional agreement. Councilmember Beard joined the Regular Meeting at 6:30 p.m. The motion was made by Councilmember Flood and seconded by Councilmember Beard to amend Proposed Resolution No. 15560 as follows: 2.3 Invoicing. Consultant will submit invoices monthly for Reimbursable Costs for payment by City. City Council Minutes Regular Meeting -October 20, 2009 osed Resolution No. 15560 was adopted as amended, becoming Resolution No. Prop 09-486. 'n Yes: Ma or Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Voti g Y Beard, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-486 reads as follows: RESOLUTION NO. 09-486 A RESOLUTION APPROVING A PROFESSIONAL AGREEMENT WITH CARL R. GRIFFITH & ASSOCIATES, INC. 13) P. R. No. 15571 - A Resolution Authorizing The Execution ( Of A Contract For Professional/Technical Services Between The City Of Port Arthur And Carroll & Blackman, Inc. Acting Through Kim L. Carroll, P.E., President, For Certain Professional Engineering Services Related To The Texas Pollutant Discharge Elimination System Phase II Storm Water Discharge Permit In The Amount Of $14,640. Drainage Account No. 001-1204-531.59-01 The Mayor introduced the above-mentioned Proposed Resolution. Councilmember Wise left the Regular Meeting at 6:45 p.m. U on the motion of Councilmember Chatman, seconded by Councilmember Henderson P and carried unanimously, Proposed Resolution No. 15571 was adopted becoming Resolution No. 09-487. Votin Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood, 9 Beard and Henderson. Voting No: None. The caption of Resolution No. 09-487 reads as follows: RESOLUTION N0.09-487 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR PROFESSIONAL/TECHNICAL SERVICES BETWEEN THE CITY OF PORT ARTHUR AND CARROLL & BLACKMAN, INC. ACTING THROUGH KIM L. CARROLL, P.E., PRESIDENT, FOR CERTAIN PROFESSIONAL ENGINEERING SERVICES RELATED TO THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II STORM WATER DISCHARGE PERMIT IN THE AMOUNT OF $14,640. DRAINAGE ACCOUNT NO.001-1204-531.59-01 (16) P. R. No. 15575 - A Resolution Approving A Contract Amendment Between The City Of Port Arthur And The Department Of State Health Services For The Community Preparedness Section/Public Health Emergency Response (PHER) As Shown By Amendment No. OO1A The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Proposed Resolution No. 15575 be adopted. City Council Minutes Regular Meeting -October 20, 2009 Health Department Director Yoshi Alexander appeared before the City Council to address inquiries regarding the proposed Department of State Health Services contract amendment. Proposed Resolution No. 15575 was adopted becoming Resolution No. 09-488. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Beard and Henderson. Voting No: None. The caption of Resolution No. 09-488 reads as follows: RESOLUTION N0.09-488 A RESOLUTION APPROVING A CONTRACT AMENDMENT BETWEEN THE CITY OF PORT ARTHUR AND THE DEPARTMENT OF STATE HEALTH SERVICES FOR THE COMMUNITY PREPAREDNESS SECTION/PUBLIC HEALTH EMERGENCY RESPONSE (PHER) AS SHOWN BY AMENDMENT NO.OOIA (18) P. R. No. 15579 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $2,748,577.00 For The Sanitary Sewer Rehabilitation By Pipebursting & Sliplining Methods To Serve Basins PA64CV & PA66, Contract No. 6, Between The City Of Port Arthur And Allco, Inc., Of Beaumont, Texas, Account No. 404- 1625-532.83-00, City Project No. 404PB6 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Henderson that Proposed Resolution No. 15579 be adopted. Councilmember Chatman left the meeting at 6:57 p.m. Public Works Director Ross Blackketter appeared before the City Council to address inquiries regarding the proposed contract. Proposed Resolution No. 15579 was adopted becoming Resolution No. 09-489. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Flood, Beard and Henderson. Voting No: None. The caption of Resolution No. 09-489 reads as follows: RESOLUTION NO. 09-489 A RESOLUTION AWARDING A CONTRACT AND AUTHORIZING THE EXECUTION OF SAID CONTRACT IN THE AMOUNT OF $2,748,577.00 FOR THE SANITARY SEWER REHABILITATION BY PIPEBURSTING & SLIPLINING METHODS TO SERVE BASINS PA64CV &PA66, CONTRACT NO. 6, BETWEEN THE CITY OF PORT ARTHUR AND ALLCO, INC., OF BEAUMONT, TEXAS, ACCOUNT NO. 404-1625-532.83- 00, CITY PR07ECT N0.404PB6 (20) P. R. NO. 15581 - A Resolution Rejecting Bids For The Sanitary Sewer Rehabilitation By Pipeburst~ng & Sl~pl~ning 9 City Council Minutes Regular Meeting -October 20, 2009 Methods To Serve Basins EV75, PR78, LV49 & LV56, Contract No. 8, And Authorizing Re-Advertisement For Bids The Mayor introduced the above-mentioned Proposed Resolution. ade b Councilmember Beard and seconded by Councilmember Flood The motion was m y that Proposed Resolution No. 15581 be removed. Director Ross Blackketter appeared before the City Council to address Public Works in uiries regarding the removal of Proposed Resolution No. 15581. Q Pro osed Resolution No. 15581 was removed from the agenda. P IV. PUBLIC HEARINGS - 7:00 PM onsider Granting A Specific Use Permit For The Operation Of To C 00 Acres A Radio Tower, Located At 7950 South Gulfway Dave (5• ~ s 4 Out Of 62.50 Acre-Tract 178, A-167 ]ohn McGaffey Survey, Lie. Miles In The Southwest Sector From The 4 Way Stop In Sabine s port Arthur, ]efferson County, Texas, Z09-06 (SUP #209) Pas ), Applicant: Texas Point National Wildlife Refuge The Mayor introduced the above-mentioned Public Hearing at 7:03 p.m. 'n Director Colleen Russell appeared before the City Council and gave an Planni g overview of the proposed Specific Use Permit. 'I life Refu a Representative Dean Bossert, 6144 Terry Street, appeared Texas Point Wi d 9 i Council and outlined the use and placement of the proposed relay before the C ty tower. re uested to hear from anyone present in the audience who wished to The Mayor q speak regarding the above-mentioned item. eared before the City Council to address the above-mentioned Public No one app Hearing. tion of Councilmember Henderson seconded by Councilmember Flood and Upon the mo carried unanimously, the City Council closed the Public Hearing at 7:07 p.m. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON -CONSENT A. Resolutions 1) P. R. No. 15509 - A Resolution Approving A Memorandum Of Understanding With The City Of Port Arthur Section 4A Economic Development Corporation As It Pertains To Social Services Block Grant The Mayor introduced the above-mentioned Proposed Resolution. motion of Councilmember Henderson and seconded by Councilmember Flood Upon the nd carried unanimously, Proposed Resolution No. 15509 was adopted becoming a Resolution No. 09-490. s: Ma or Prince; Mayor Pro Tem Segler; Councilmembers Flood, Beard and Voting Ye Y Henderson. Voting No: None. The caption of Resolution No. 09-490 reads as follows: 10 City Council Minutes Regular Meeting -October 20, 2009 RESOLUTION N0.09-490 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AS IT PERTAINS TO SOCIAL SERVICES BLOCK GRANT 2 p, R. No. 15527 - A Resolution Approving Training () eements Between The City Of Port Arthur Section 4A Agr Economic Development Corporation And Its Subcontractors As It Pertains To Life Skills/Vocational Training Programs The Mayor introduced the above-mentioned Proposed Resolution. ion of Councilmember Henderson, seconded by Councilmember Flood and Upon the mot nanimousl ,Proposed Resolution No. 15527 was adopted becoming Resolution carved u Y No. 09-491. Ma or Prince; Mayor Pro Tem Segler; Councilmembers Flood, Beard and Voting Yes. y Henderson. Voting No: None. The caption of Resolution No. 09-491 reads as follows: RESOLUTION N0.09-491 A RESOLUTION APPROVING TRAINING AGREEMENTS BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND ITS SUBCONTRACTORS AS IT PERTAINS TO LIFE SKILLS/VOCATIONAL TRAINING PROGRAMS 3) P. R. No. 15552 - A Resolution Approving Termination Of ( The Economic Development Conditional Grant Agreement Between Camellia Plaza, L.P. And The City Of Port Arthur Section 4A Economic Development Corporation The Mayor introduced the above-mentioned Proposed Resolution. Councilmember Flood filed a Conflict of Interest with the City Secretary's Office and recused himself from any discussion or action regarding Proposed Resolution No. 15552. Due to the Councilmember Flood's recusal, City Council was without a quorum. Proposed Resolution No. 15552 was tabled by default. (4) P. R. No. 15555 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Oxbow Calcining, LLC The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried unanimously, Proposed Resolution No. 15555 was adopted becoming Resolution No. 09-492. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Flood, Beard and Henderson. Voting No: None. 11 City Council Minutes Regular Meeting -October 20, 2009 The caption of Resolution No. 09-492 reads as follows: RESOLUTION N0.09-492 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH OXBOW CALCINING, LLC (5) P. R. No. 15582 - A Resolution As It Pertains To Setting Public Hearings As To Review Service Plans For The Annexation Of The Properties (Including Valero [Premcor]) That The City Believes Are Not Fully Abiding By Their Industrial District Agreements The Mayor introduced the above-mentioned Proposed Resolution. U on the motion of Councilmember Henderson, seconded by Councilmember Flood and P carried unanimously, Proposed Resolution No. 15582 was removed from the agenda. Proposed Resolution No. 15582 was removed from the agenda. B. Ordinances (1) P. O. No. 6041 - An Ordinance Amending. The Zoning Ordinance Of The City Of Port Arthur By Granting A Specific Use Permit For Texas Point National Wildlife Refuge To Install A 100 Foot Radio Communication Tower. The Facility Will Be On 5.00 Acres, At 7950 S. Gulfway Drive, Out Of Tract 178, ]ohn McGaffey Survey, A-167, Port Arthur, ]efferson, 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; The Zoning Is Industrial And Will Remain So; Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After The Publication Date. Z09-06 - (SUP 209) Texas Point National Wildlife Refuge - 100 Ft. Communication Tower -Radio Relay On About 5.00 Acres The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Henderson, seconded by Mayor Pro Tem Segler and carried unanimously Proposed Ordinance No. 6041 was adopted becoming Ordnance No. 09-75. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Flood, Beard and Henderson. Voting No: None. The caption of Ordinance No. 09-75 reads as follows: ORDINANCE N0.09-75 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING A SPECIFIC USE PERMIT FOR TEXAS POINT NATIONAL WILDLIFE REFUGE TO INSTALL A 100 FOOT RADIO COMMUNICATION TOWER. THE FACILITY WILL BE ON 5.00 ACRES, AT 7950 S. GULFWAY DRIVE, OUT OF TRACT 178, ]OHN MCGAFFEY SURVEY, A-167, PORT ARTHUR, 12 City Council Minutes Regular Meeting -October 20, 2009 TEXAS; VIOLATION OF THIS ]EFFERSON, COUNTY, NING ORDINANCE OF THE ORDINANCE (OR THE ZO IS PUNISHABLE AS CITY OF PORT ARTHUR) -13 OF THE CITY PROVIDED IN SECTION 1 E NOT EXCEEDING ORDINANCES AS AMENDED BY FIN .THE ZONING THOUSAND [$2-000.00] DOLLARS,. ROVIDING TWO USTRIAL AND WILL REMAIN SO, P PER OF IS IND LIGATION IN THE OFFICIAL NEWSP IVE FOR PUB OF PORT ARTHUR AND EFFE - THE CITY AFTER THE PUBLICATION DATE. ZO IMMEDIATELY TF,)CA5 POINT NATIONAL WILDLIFE 06 - (SUP 209) HIMUNICATION TOWER -RADIO REFUGE - 100 FT. CO CRES RELAY ON ABOUT 5.00 A 43 - An Ordinance Designating A Reinvestment (2) p, O. No. 60 Zone For The Downtown Area ' Mana er introduced the above-mentioned Proposed Ordinance. The City 9 cilmember Beard, seconded by Councilmember Henderson and Upon the motion of Coun 'mousl Proposed Ordinance No. 6043 was adopted becoming Ordinance carried unani y, No. 09-76. ' Yes: Ma or Prince; Mayor Pro Tem Segler; Councilmembers Flood, Beard and Voting Y Henderson. Voting No: None. The caption of Ordinance No. 09-76 reads as follows: ORDINANCE N0.09-76 AN ORDINANCE DESIGNATING A REINVESTMENT ZONE FOR THE DOWNTOWN AREA (3) P. O. No. 6045 - An Ordinance Authorizing The Sale Of Heavy Equipment And Miscellaneous Surplus Items By A Public Online Auction Through Rene Bates Auctioneers, Inc. The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried unanimously, Proposed Ordinance No. 6045 was adopted becoming Ordinance No. 09-77. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Flood, Beard and Henderson. Voting No: None. The caption of Ordinance No. 09-77 reads as follows: ORDINANCE NO.09-77 AN ORDINANCE AUTHORIZING THE SALE OF HEAVY EQUIPMENT AND MISCELLANEOUS SURPLUS ITEMS BY A PUBLIC ONLINE AUCTION THROUGH RENE BATES AUCTIONEERS, INC. (4) P. O. No. 6046 - An Ordinance As It Pertains To Compensation And Benefits For The Mayor And Councilmembers The City Manager introduced the above-mentioned Proposed Ordinance. City Council Minutes 13 Regular Meeting -October 20, 2009 Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried, Proposed Ordinance No. 6046 was adopted becoming Ordinance No. 09-78. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Flood and Henderson. Voting No: Councilmember Beard. The caption of Ordinance No. 09-78 reads as follows: ORDINANCE N0.09-78 AN ORDINANCE AS IT PERTAINS TO COMPENSATION AND BENEFITS FOR THE MAYOR AND COUNCILMEMBERS C. *Renorts And Recommendations (i) Investment Report For dune, 2009 Finance Director Deborah Echols presented the above-mentioned report. (2) Investment Report For Quarter Ended September 30, 2009 Finance Director Deborah Echols presented the above-mentioned report. (3) Report On Animal Abuse (Requested By Councilman Flood) Community Services Director Lawrence Baker and Port Arthur Police Chief Mark Blanton presented the above-mentioned report. VIII. REPORTS OF BOARDS & COMMITTEES -None IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Councilmember Beard: (1) Report on anti-graffiti compound. (2) List of all Professional Consultants for the city including their services and fees. (3) Require monthly report from all contracted professional consultants. (4) Report on monitoring of TDHCA contracted demolition companies. (5) Report on Human Resource Step and Range Policy specifically in regards to Public Works. (6) Report on removal of hazardous dumpster at Fire Station No. 2. Mayor Prince: Mayor Prince requested a report on demolition projects and contractors performing demolition services. X. ADJOURNMENT OF MEETING Upon the motion by Councilmember Prince seconded by Councilmember Henderson and carried unanimously, the City Council adjourned their meeting 7:45 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 14 Regular Meeting -October 20, 2009 ATTEST: ASSISTANT CITY SECRETARY SHERRI BELI,.ARD END OF REGULAR MEETING HELD October 20, 2009. APPROVED: • 15 City Council Minutes Regular Meeting -October 20, 2009