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Home My WebLink AboutNOVEMBER 3, 2009 REGULAR MEETINGREGULAR MEETING -- November 3, 2009 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Williamson 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, November 3, 2009 at 8:35 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 and Thomas J. °Tom" Henderson; City Manager Steve Fitzgibbons, City Secretary Terri Hanks, Acting City Attorney Valecia ~~Val" Tizeno, and Sergeant At Arms Chief of Police Mark Blanton. Councilmember John Beard, Jr. joined the Regular Meeting at 8:50 a.m. Councilmember Dawana K. Wise joined the Regular Meeting at 8:52 a.m. Councilmember Jack Chatman, Jr. joined the Regular Meeting at 9:06 a.m. II. PROCLAMATIONS & MINUTES Minutes October 6, 2009 Regular Meeting Upon the motion of Councilmember Henderson, seconded by Councilmember Williamson and carried unanimously, the City Council approved the above-mentioned minutes. October 14, 2009 Special Meeting Upon the motion of Councilmember Henderson, seconded by Councilmember Williamson and carried unanimously, the City Council approved the above-mentioned minutes. October 20, 2009 Special Executive Meeting Upon the motion of Councilmember Henderson, seconded by Councilmember Albright and carried unanimously, the City Council approved the above-mentioned minutes. October 20, 2009 Regular Meeting Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried unanimously, the City Council approved the above-mentioned minutes. Proclamations Mayor Prince presented the following Proclamation: "YMCA Day" -November 11, 2009 YMCA Chief Executive Officer Peter Hicks, Membership and Wellness Director Barbara Guidry and Business Manager Becky Guidry appeared before the City Council to accept the proclamation honoring the Port Arthur YMCA for 107 years of community service. III. PETITIONS & COMMUNICATIONS A. Sneakers -None B. Presentations -None C. Corresuondence -None IV. PUBLIC HEARINGS - 9:00 AM -None V. UNFINISHED BUSINESS 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 recused himself from the above-mentioned item and filed a conflict of interest afFdavit with the City Secretary. Upon the motion of Councilmember Williamson, seconded by Councilmember Albright and carried unanimously, Proposed Resolution No. 15552 was adopted becoming Resolution 09-493. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-493 reads as follows: RESOLUTION NO. 09-493 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 VI. CONSENT AGENDA Upon the motion of Councilmember Albright, seconded by Councilmember Henderson and carried unanimously, the following Consent Agenda items were adopted with the exception of Proposed Consent Item G and Proposed Consent Resolution No.'s 15482, 15529, 15565, 15590, 15594 and 15602: A. Consideration And Approval Of Payment To Orchid Cellmark, Dallas, TX In The Amount Of $6,515.25 For Police Department Forensic Services B. Consideration And Approval Of Awarding A Bid To Clint's Fencing, Beaumont, TX In The Amount Of $9,500 For Tennis Court Replacement Fencing At Washington Park C. Consideration And Approval Of Payment To ACFM, Inc., Conroe, TX In The Amount Of $10,145 For The Purchase Of A Blower For The Wastewater Treatment Division D. Consideration And Approval Of Payment In The Amount Of $13,804.14 To Miriam K. 7ohnson, Tax Assessor Collector, For The 2009 Tax Year Collection Fee E. Consideration And Approval Of Grand Recap (Certified Tax Rolls) From 7efferson County ($14,922,780.14) And Orange County ($1,031,870.77) Tax Assessors Collectors And The Delinquent Tax Roll From Orange County City Council Minutes 2 Regular Meeting -November 3, 2009 F. Consideration And Approval Of Payment To Barnsco, Inc., Dallas, TX In The Amount Of $10,450 For The Purchase Of Poly Flex III Sealant To Be Used For The FY 2010 City Streets Program G. Consideration And Approval Of Awarding A Bid To Dallas Dodge, Dallas, TX (Through HGAC) In The Amount Of $135,252 For The Purchase Of Six Police Vehicles Proposed Consent Item G was held for individual consideration. H. Consideration And Approval Of Payment To Casco Industries, Inc., Houston, TX In The Amount Of $6,212.30 For The Purchase Of SCBA Repair Parts For The Fire Department I. Consideration And Approval Of Payment To Etheredge Electric, Shreveport, LA In The Amount Of $5,770.65 For Repairs To A Breathing Air Compressor For The Fire Department ]. Exlaense Reports: Mayor Deloris "Bobbie" Prince: Attended TML Annual Conference, Fort Worth, TX October 20-23, 2009 $1,467.91 Mayor Pro Tem Elizabeth "Liz" Segler: Attended TML Annual Conference, Fort Worth, TX October 20-23, 2009 $1,329.70 Resolutions -Consent (1) P. R. No. 15482 - A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement With The Pleasure Island Commission As It Pertains To The Maintenance Of The Parks On The Island Proposed Resolution No. 15482 was held for individual consideration. (2) P. R. No. 15529 - A Resolution Authorizing The City Manager To Enter Into A Contract For Fuel Dispensing With FleetCor Technologies, Inc. DBA Fuelman Of Houston, TX Proposed Resolution No. 15529 was held for individual consideration. (3) P. R. No. 15561 - A Resolution Awarding A Bid And Authorizing The Execution Of A Contract With Northstar Unlimited For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area B-i, To Be Charged To Account No. 001-1401-551.59-00 Proposed Resolution No. 15561 was adopted becoming Resolution No 09-494. (4) P. R. No. 15562 - A Resolution Awarding A Bid And Authorizing The Execution Of A Grass Mowing Contract To Northstar Unlimited For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area B-2, To Be Charged To Account No. 001-1401-551.59-00 Proposed Resolution No. 15562 was adopted becoming Resolution No 09-495. City Council Minutes 3 Regular Meeting -November 3, 2009 (5) P. R. No. 15565 - A Resolution Authorizing The City To Lease An I]-80 Autofeed Mailing System With A Dynamic Scale, 10 Lb. Postage Scale And Thermal Roll Tape Dispenser From Neopost, Inc. Of Houston, Texas At The Rate Of $539/Month For A 63 Month Period Proposed Resolution No. 15565 was held for individual consideration. (6) P. R. No. 15583 - A Resolution Approving A Contract Between The City Of Port Arthur And Southeast Texas Arts Council (SETAC) For The Purpose Of Funding SETAC For The 2009-2010 Fiscal Year In The Amount Of $45,000, Account #140-1405-551.59-00, M97901 Proposed Resolution No. 15583 was adopted becoming Resolution No 09-496. (7) P. R. No. 15584 - A Resolution Authorizing The Payment Of The Annual First Call, STAN Contract (Southeast Texas Alerting Network), A Public Awareness System Designed To Communicate Important Information To The People Of Southeast Texas, In The Amount Of $6,227.86 And Charged To Account Number 001-1101-521.61-03 Proposed Resolution No. 15584 was adopted becoming Resolution No 09-497. (8) P. R. No. 15585 - A Resolution AfFirming The Investment Policies Of The City Of Port Arthur For The 2009-2010 Fiscal Year Proposed Resolution No. 15585 was adopted becoming Resolution No 09-498. (9) P. R. No. 15589 - A Resolution Accepting The $950,000 Supplemental Environmental Project Agreement With The Texas Commission On Environmental Quality Executed By Carl Griffith & Associates On Behalf Of The City Of Port Arthur Proposed Resolution No. 15589 was adopted becoming Resolution No 09-499. (10) P. R. No. 15590 - A Resolution Rejecting Bids For Demolition And Reconstruction Of Three (3) Homes As Advertised By The Housing Division Due To A Specification Standard And Authorizes Re-Advertisement For Bids Proposed Resolution No. 15590 was held for individual consideration. (11) P. R. No. 15591- A Resolution Authorizing The City Of Port Arthur To Accept A Grant From 3-M For Their Sign Grant Program In The Amount Of $31,172 To Purchase Diamond Grade High Performance Sign Sheeting And $16,318 To Purchase Various Manufactured Traffic Signs Proposed Resolution No. 15591 was adopted becoming Resolution No 09-500. (12) P. R. No. 15592 - A Resolution Authorizing The Mayor And City Manager To Execute An Agreement With Arceneaux & Gates Consulting Engineers, Inc. Of Port Arthur, Texas To Provide Construction Phase Services Related To The TWDB CWSRF (ARRA) Grant For An Amount Not To Exceed $910,000 Proposed Resolution No. 15592 was adopted becoming Resolution No 09-501. City Council Minutes 4 Regular Meeting -November 3, 2009 (13) P. R. No. 15593 - A Resolution Approving An Interlocal Agreement For The Resale Of Tax Foreclosed Property For The Purpose Of Urban Development In The City Of Port Arthur With ]efferson County Drainage District No. 7, Port Arthur Independent School District And The Sabine Neches Navigation District As It Pertains To The Neighborhood Stabilization Program Proposed Resolution No. 15593 was adopted becoming Resolution No 09-502. (14) P. R. No. 15594 - A Resolution Rescinding Resolution No. 09-019 In Its Entirety, And Accepting A Water Utility Easement From Chicory Court -Brittany Place II, LP For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City of Port Arthur Proposed Resolution No. 15594 was held for individual consideration. (15) P. R. No. 15595 - A Resolution Awarding A Contract In Two Parts And Authorizing The Execution Of Said Contract In Two Parts In The Amounts Of $19,199.75 (Part 1) And $310,050.55 (Part 2) For Sanitary Sewer Rehabilitation By The Cured-In-Place Method To Serve Basins N250 & N109, Between The City Of Port Arthur And Insituform Technologies, Inc., Of Cypress, Texas, Account No. 426- 1625-532.83-00, City Project No. 426017 Proposed Resolution No. 15595 was adopted becoming Resolution No 09-503. (16) P. R. No. 15596 - A Resolution Authorizing A Memorandum Of Understanding Between The City Of Port Arthur And CHRISTUS Hospital Saint Mary Proposed Resolution No. 15596 was adopted becoming Resolution No 09-504. (17) P. R. No. 15601 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $312,095.00 For The Hwy 365 Force Main, Main "C" Canal Crossing, Contract No. 2, Between The City Of Port Arthur And Williamson Construction, Inc., Of Lumberton, Texas, Account No. 404-1625-532.83-00, City Project No. 404365 Proposed Resolution No. 15601 was adopted becoming Resolution No 09-505. (18) P. R. No. 15602 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Estimated Amount Of $8,141,753.00 For The Wastewater Treatment Plant Rehabilitation Project, Contract No. 5, Between The City Of Port Arthur And ALLCO, Inc., Of Beaumont, Texas, Account No. 404-1625-532.83-00, City Project No. 404WWT Proposed Resolution No. 15602 was held for individual consideration. (19) P. R. No. 15603 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $3,085,560.00 For The Sanitary Sewer Rehabilitation By Pipebursting & Sliplining Methods To Serve Basins EV75, PR78, LV49, LV56, & N127, Contract No. 8, Between The City Of Port Arthur And PM Construction, Of Pasadena, Texas, Account No. 404-1625-532.83-00, City Project No. 404PB8 City Council Minutes 5 Regular Meeting -November 3, 2009 Proposed Resolution No. 15603 was adopted becoming Resolution No 09-506. (20) P. R. No. 15604 - A Resolution Authorizing The City Manager To Execute An Agreement With Brown Reynolds Watford Architects, Inc. Of College Station, Texas To Provide Design Services For Fire Station #4 In Sabine Pass For An Amount Not To Exceed $136,200 Proposed Resolution No. 15604 was adopted becoming Resolution No 09-507. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT Consent Item G. Consideration And Approval Of Awarding A Bid To Dallas Dodge, Dallas, TX (Through HGAC) In The Amount Of $135,252 For The Purchase Of Six Police Vehicles The Mayor introduced the above-mentioned Proposed Consent Item. The motion was made by Councilmember Albright and seconded by Councilmember Henderson that Proposed Consent Item G 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 G was adopted. Resolutions -Consent (1) P. R. No. 15482 - A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement With The Pleasure Island Commission As It Pertains To The Maintenance Of The Parks On The Island The Mayor introduced the above-mentioned Proposed Consent Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Henderson that Proposed Consent Resolution No. 15482 be adopted. City Manager Steve Fitrgibbons addressed inquiries related to the proposed Interlocal Agreement. Councilmember Beard arrived at 8:50 a.m. Proposed Consent Resolution No.15482 was adopted becoming Resolution No. 09-508. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-508 reads as follows: RESOLUTION NO. 09-508 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE PLEASURE ISLAND COMMISSION AS IT PERTAINS TO THE MAINTENANCE OF THE PARKS ON THE ISLAND City Council Minutes 6 Regular Meeting -November 3, 2009 (2) P. R. No. 15529 - A Resolution Authorizing The City Manager To Enter Into A Contract For Fuel Dispensing With FleetCor Technologies, Inc. DBA Fuelman Of Houston, TX The Mayor introduced the above-mentioned Proposed Consent Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Henderson that Proposed Consent Resolution No. 15529 be adopted. Finance Director Deborah Echols and Purchasing Director Shawna Tubbs appeared before the City Council to address inquiries related to the proposed fuel dispensing agreement. Councilmember Wise arrived at 8:52 a.m. Councilmember Albright left the Council Chamber at 9:05 a.m. Councilmember Chatman arrived at 9:06 a.m. Proposed Consent Resolution No.15529 was adopted becoming Resolution No. 09-509. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-509 reads as follows: RESOLUTION NO. 09-509 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR FUEL DISPENSING WITH FLEETCOR TECHNOLOGIES, INC. DBA FUELMAN OF HOUSTON, TX (5) P. R. No. 15565 - A Resolution Authorizing The City To Lease An I7-80 Autofeed Mailing System With A Dynamic Scale, 10 Lb. Postage Scale And Thermal Roll Tape Dispenser From Neopost, Inc. Of Houston, Texas At The Rate Of $539/Month For A 63 Month Period The Mayor introduced the above-mentioned Proposed Consent Resolution. Acting City Attorney Valecia Tizeno recommended removal of Proposed Consent Resolution No. 15565. Upon the motion of Councilmember Williamson, seconded by Councilmember Henderson and carried unanimously, Proposed Consent Resolution No. 15565 was removed from the Consent Agenda. Proposed Consent Resolution No. 15565 was removed. (10) P. R. No. 15590 - A Resolution Rejecting Bids For Demolition And Reconstruction Of Three (3) Homes As Advertised By The Housing Division Due To A Specification Standard And Authorizes Re-Advertisement For Bids The Mayor introduced the above-mentioned Proposed Consent Resolution. The motion was made by Councilmember Flood and seconded by Councilmember Henderson that Proposed Consent Resolution No. 15590 be adopted. Councilmember Albright returned to the Council Chamber at 9:08 a.m. Councilmember Chatman left the Council Chamber at 9:09 a.m. City Council Minutes ~ Regular Meeting -November 3, 2009 Purchasing Director Shawna Tubbs and Housing Program Administrator Beverly Freeman appeared before the City Council to address inquiries related to the housing specifications. Proposed Consent Resolution No.15590 was adopted becoming Resolution No. 09-510. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 09-510 reads as follows: RESOLUTION NO. 09-510 A RESOLUTION RE7ECTING BIDS FOR DEMOLITION AND RECONSTRUCTION OF THREE (3) HOMES AS ADVERTISED BY THE HOUSING DIVISION DUE TO A SPECIFICATION STANDARD AND AUTHORIZES RE- ADVERTISEMENT FOR BIDS (14) P. R. No. 15594 - A Resolution Rescinding Resolution No. 09-019 In Its Entirety, And Accepting A Water Utility Easement From Chicory Court -Brittany Place II, LP For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City of Port Arthur The Mayor introduced the above-mentioned Proposed Consent Resolution. Councilmember Chatman returned to the Council Chamber at 9:10 a.m. The motion was made by Councilmember Albright and seconded by Councilmember Henderson that Proposed Consent Resolution No. 15594 be adopted. Utility Operations Director Kelly Eldridge appeared before the City Council to address inquiries related to the proposed easement. Proposed Consent Resolution No.15594 was adopted becoming Resolution No. 09-511. 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. 09-511 reads as follows: RESOLUTION NO. 09-511 A RESOLUTION RESCINDING RESOLUTION NO. 09- 019 IN ITS ENTIRETY, AND ACCEPTING A WATER UTILITY EASEMENT FROM CHICORY COURT - BRITTANY PLACE II, LP FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES IN THE CITY OF PORT ARTHUR (18) P. R. No. 15602 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Estimated Amount Of $8,141,753.00 For The Wastewater Treatment Plant Rehabilitation Project, Contract No. 5, Between The City Of Port Arthur And ALLCO, Inc., Of Beaumont, Texas, Account No. 404-1625-532.83-00, City Project No. 404WWT The Mayor introduced the above-mentioned Proposed Consent Resolution. City Council Minutes 8 Regular Meeting -November 3, 2009 The motion was made by Councilmember Albright and seconded by Councilmember Henderson that Proposed Consent Resolution No. 15602 be adopted. City Manager Steve Fitzgibbons addressed financial inquiries related to the proposed Wastewater Treatment Plant Rehabilitation Project. Proposed Consent Resolution No. 15602 was adopted over the dissenting vote of Councilmember Beard, becoming Resolution No. 09-512. 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. 09-512 reads as follows: RESOLUTION NO. 09-512 A RESOLUTION AWARDING A CONTRACT AND AUTHORIZING THE EXECUTION OF SAID CONTRACT IN THE ESTIMATED AMOUNT OF $8,141,753.00 FOR THE WASTEWATER TREATMENT PLANT REHABILITATION PROJECT, CONTRACT NO. 5, BETWEEN THE CITY OF PORT ARTHUR AND ALLCO, INC., OF BEAUMONT, TEXAS, ACCOUNT NO. 404- 1625-532.83-00, CITY PROJECT NO.404WWT A. Resolutions (1) P. R. No. 15559 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Chevron USA, Inc. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Henderson that Proposed Resolution No. 15559 be adopted. Assistant City Manager/Administration Rebecca Underhill appeared before the City Council to address inquiries related to the proposed Industrial District Agreement. Proposed Resolution No. 15559 was adopted becoming Resolution No. 09-513. 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. 09-513 reads as follows: RESOLUTION NO. 09-513 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH CHEVRON USA, INC. (2) P. R. No. 15576 - A Resolution Amending Resolution No. 09-333 Of The City Of Port Arthur Section 4A Economic Development Corporation`s Policies And Procedures For Site Improvements And Related Improvements Necessary To Promote Or Develop New Or Expanding Businesses For Operation Downtown (A Downtown Improvement Program) City Council Minutes 9 Regular Meeting -November 3, 2009 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Flood that Proposed Resolution No. 15576 be adopted. Economic Development Corporation Chief Executive OfFicer Floyd Batiste appeared before the City Council to address inquiries related to proposed policy and procedure amendment. Proposed Resolution No. 15576 was adopted becoming Resolution No. 09-514. 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. 09-514 reads as follows: RESOLUTION NO. 09-514 A RESOLUTION AMENDING RESOLUTION NO. 09-333 OF THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION'S POLICIES AND PROCEDURES FOR SITE IMPROVEMENTS AND RELATED IMPROVEMENTS NECESSARY TO PROMOTE OR DEVELOP NEW OR EXPANDING BUSINESSES FOR OPERATION DOWNTOWN (A DOWNTOWN IMPROVEMENT PROGRAM) (3) P. R. No. 15586 - A Resolution Casting Votes For The Board Of Directors Of The Jefferson County Appraisal District The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Williamson, seconded by Councilmember Albright and carried unanimously, Proposed Resolution No. 15586 was adopted becoming Resolution No. 09-515. 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. 09-515 reads as follows: RESOLUTION NO. 09-515 A RESOLUTION CASTING VOTES FOR THE BOARD OF DIRECTORS OF THE JEFFERSON COUNTY APPRAISAL DISTRICT (4) P. R. No. 15587 - A Resolution Casting Votes For The Board Of Directors Of The Orange County Appraisal District For The Term Ending December 31, 2011 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Williamson, seconded by Councilmember Beard and carried unanimously, Proposed Resolution No. 15587 was adopted becoming Resolution No. 09-516. City Council Minutes 10 Regular Meeting -November 3, 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. 09-516 reads as follows: RESOLUTION NO. 09-516 A RESOLUTION CASTING VOTES FOR THE BOARD OF DIRECTORS OF THE ORANGE COUNTY APPRAISAL DISTRICT FOR THE TERM ENDING DECEMBER 31, 2011 (5) P. R. No. 15597 - A Resolution Approving A Public Broadcast Agreement Between Radio Station KSAP-107.1 LPFM "The Breeze" And The City Of Port Arthur Section 4A Economic Development Corporation The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Flood that Proposed Resolution No. 15597 be adopted. Economic Development Corporation Chief Executive Officer Floyd Batiste appeared before the City Council to address inquiries related to the proposed agreement. The motion was made by Councilmember Williamson and seconded by Councilmember Albright that Proposed Resolution No. 15597 be removed. The following Roll Call Vote was taken to remove Proposed Resolution No. 15597: Councilmember Albright "Yes" Councilmember Beard "No" Mayor Pro Tem Chatman "No" Councilmember Flood "No" Councilmember Henderson "No" Councilmember Segler "Yes" Councilmember Williamson "Yes" Councilmember Wise "No" Mayor Prince "Yes" The motion to remove Proposed Resolution No. 15597 failed to carry The motion was made by Councilmember Wise and seconded by Councilmember Beard to increase the agreement to $7,500. Assistant City Attorney Valecia Tizeno noted that an amendment to the proposed resolution would require additional consideration from the EDC's Board of Directors. Councilmember Wise and Councilmember Beard removed their motions to amend Proposed Resolution No. 15597. The following Roll Call Vote was taken to adopt Proposed Resolution No. 15597: Councilmember Albright Councilmember Beard Mayor Pro Tem Chatman Councilmember Flood Councilmember Henderson Councilmember Segler Councilmember Williamson Councilmember Wise Mayor Prince City Council Minutes Regular Meeting -November 3, 2009 "No" "Yes" "Yes" "Yes" "Yes" "No" "No" "Yes" "No" ~1 Proposed Resolution No. 15597 was adopted over the dissenting votes of Mayor Prince, Mayor Pro Tem Segler, Councilmember Albright and Councilmember Williamson, becoming Resolution No. 09-517. The caption of Resolution No. 09-517 reads as follows: RESOLUTION NO. 09-517 A RESOLUTION APPROVING A PUBLIC BROADCAST AGREEMENT BETWEEN RADIO STATION KSAP-107.1 LPFM °THE BREEZE" AND THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION (6) P. R. No. 15598 - A Resolution Approving The Purchase Of Advertising Space On The Memorial Stadium Scoreboard By Execution Of An Agreement By And Between Port Arthur ISD And The City Of Port Arthur Section 4A Economic Development Corporation The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Chatman that Proposed Resolution No. 15598 be adopted. Economic Development Corporation Chief Executive Officer Floyd Batiste appeared before the City Council to address inquiries related to the proposed advertisement agreement. Councilmember Albright left the Council Chamber at 10:00 a.m. The motion was made by Councilmember Chatman and seconded by Councilmember Beard that Proposed Resolution No. 15598 be removed. Proposed Resolution No. 15598 was removed. (7) P. R. No. 15600 - A Resolution Establishing The Port Arthur Downtown Revitalization Board And Appointing Three (3) Members To The Board Of Directors The Mayor introduced the above-mentioned Proposed Resolution. Mayor Prince stated she received correspondence from Lamar State College naming Business Development Consultant Conrad Cooper to the Port Arthur Downtown Revitalization Board. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Proposed Resolution No. 15600 be adopted. City Manager Steve Fitzgibbons commented that the City of Port Arthur has three appointments. He stated that the International Economic Development Corporation (IEDC) recommended at least one appointment from the petrochemical industry, such as the Port Arthur Industrial Group, and one appointment from a senior management firm from the private sector. The City Manager noted that the Port Arthur Economic Development Corporation has two appointments, the Chamber of Commerce has one appointment and Lamar State College has one appointment to the Port Arthur Downtown Revitalization Board. Economic Development Corporation Chief Executive Officer Floyd Batiste appeared before the City Council to state that the Board of Directors have nominated Chevron Phillips Chemical Company Representative Vicki Derese and Economic Development Corporation Board Member Kerry Thomas. City Council Minutes 12 Regular Meeting -November 3, 2009 Councilmember Chatman made the recommendation to nominate Ms. Judy Jackson. Councilmember Williamson made the recommendation to nominate KT Maintenance President Kenny Tims. The motion was made by Councilmember Wise and seconded by Councilmember Albright that Proposed Resolution No. 15600 be tabled. Proposed Resolution No. 15600 was tabled. B. Ordinances (1) P. O. No. 6047 - An Ordinance Designating December 24, 2009 As A Legal Holiday The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Albright, seconded by Councilmember Henderson and carried unanimously, Proposed Ordinance No. 6047 was adopted becoming Ordinance No. 09-79. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Ordinance No. 09-79 reads as follows: ORDINANCE NO. 09-79 AN ORDINANCE DESIGNATING DECEMBER 24, 2009 AS A LEGAL HOLIDAY (2) P. O. No. 6048 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2009 And Ending September 30, 2010 As To Fund Charges For Administration Fees In Obtaining The Supplemental Environmental Project The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Albright, seconded by Councilmember Chatman and carried unanimously, Proposed Ordinance No. 6048 was adopted becoming Ordinance No. 09-80. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Ordinance No. 09-80 reads as follows: ORDINANCE NO.09-80 AN APPROPRIATION ORDINANCE AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010 AS TO FUND CHARGES FOR ADMINISTRATION FEES IN OBTAINING THE SUPPLEMENTAL ENVIRONMENTAL PROJECT C. *Reuorts And Recommendations -None City Council Minutes 13 Regular Meeting -November 3, 2009 VII IX. REPORTS OF BOARDS & COMMITTEES -None CLOSED MEETING (EXECUTIVE SESSION) (1) Section 551.071 Government Code - To Discuss With The Acting City Attorney Potential Litigation As It Pertains To The Texas Commission On Environmental Quality (TCEQ) (2) Section 551.071 Government Code - To Discuss With The Acting City Attorney Potential Litigation With Duro-Last Roofing, Inc. (3) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To The Boardwalk (4) Section 551.087 Government Code - To Discuss Possible Incentives As To Call Centers The City Council recessed their Regular Meeting at 10:14 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their Regular Meeting at 10:58 a.m. with the following members present: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson, Wise and Henderson; City Manager Fitrgibbons; City Secretary Hanks; Acting City Attorney Tizeno and Sergeant At Arms Chief of Police Mark Blanton. IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Councilmember Flood: (1) Requested a report from the Housing Authority for building contracts for the past three years. (2) Requested a report on the installation of security lighting at the EI Vista Community Park. Councilmember Beard: (1) Requested a meter reading report and a water utility customer service complaint report. (2) Requested a fire hydrant maintenance report. (3) Requested a report for the Economic Development Corporation's advertisement outreach and returns. (4) Requested a discussion item on City Council notification of functions and events. (5) Requested reconsideration of the contribution to the Golden Triangle Empowerment Center. Councilmember Williamson: (1) Requested a report on street sign replacement. (2) Requested a report on environmental violations for Eunice Avenue. Councilmember Wise: Councilmember Wise requested an agenda item for an appointment to the Pleasure Island Commission. Councilmember Chatman: (1) Requested a report on increasing local bidding preference amounts. City Council Minutes 14 Regular Meeting -November 3, 2009 (2) Requested a report on the number of citations issued for parking in front yards. (3) Requested a report on alley cleaning. (4) Requested a report on debris clearing at a house fire on Fourth Avenue. (5) Requested a report on air monitors at the Valero refinery fence lines. (6) Requested an environmental testing report from soil samples on Denbo Road. (7) Reported audio difficulties from televised City Council meetings. Mayor Prince• Mayor Prince announced that the Annual Senior Treasures' Banquet will be held on Monday, November 16, 2009 at the Port Arthur Community Retirement Home. Assistant City Attorney Tizeno: First Assistant City Attorney Valecia Tizeno announced that a motivational youth program, "Truth and Consequences" will be held Tuesday, November 10, 2009 at the Bob Bowers Civic Center featuring Judge Glenda Hatchett and Motivational Speaker Kemba Smith. X. AD]OURNMENT OF MEETING Upon the motion by Councilmember Chatman, seconded by Mayor Pro Tem Segler and carried unanimously, the City Council adjourned their meeting at 11:10 a.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 November 3, 2009. APPROVED: City Council Minutes 15 Regular Meeting -November 3, 2009