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HomeMy WebLinkAboutMINUTES - 02/23/2010 - Regular MeetingREGULAR MEETING -February 23, 2010 I. INVOCATION, PLEDGE Bic ROLL CALL Councilmember 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, February 23, 2010 at 8 39 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 and Thomas J "Tom" Henderson, City Manager Steve Fitrgibbons, City .Secretary Terri Hanks, Acting City Attorney Valecia "Val" Tizeno and Sergeant At Arms Chief of Police Mark Blanton Councilmember Jack Chatman, Jr joined the Regular Meeting at 8 42 a.m. Councilmember Dawana K. Wise joined the Regular Meeting at 8.42 a.m. Councilmember John Beard, Jr joined the Regular Meeting at 8 44 a.m. Councilmember Robert E. "Bob" Williamson joined the Regular Meeting at 8 49 a m VII. ITEMS REQUIRING INDIVIDUALACTION -NON-CONSENT Resolutions -Consent {10) P. R. No. 15749 - A Resolution Authorizing The Mayor, The City Manager And/Or Any Assistant City Manager To Attend And Conduct A Public Hearing At The Offices Of The Port Of Port Arthur, 221 Houston Avenue, Port Arthur, On March 11, 2010 At 9:OOA.M. Regarding The Issuance And Approval Of Port Of Port Arthur Navigation District Of 7efferson County, Texas Exempt Facilities Revenue Bonds (TOTAL Petrochemicals USA, Inc. Project) Series 2010 In The Aggregate Principal Amount Of $50,000,000, As Per 26 USCS Section 147 The Mayor introduced the above-mentioned Proposed Consent Resolution The motion was made by Councilmember Henderson and seconded by Councilmember Albright that Proposed Consent Resolution No. 15749 be adopted. Councilmember Chatman arrived at 8 42 a.m Councilmember Wise arrived at 8 42 a.m Councilmember Beard arrived at 8 44 a m. Port of Port Arthur Navigation District Attorney Scot Sheldon of the Sheldon & Dunham law firm, 905 Orleans, Beaumont, appeared before the City Council to comment on conducting a public hearing to issue and approve revenue bonds. Proposed Consent Resolution No. 15749 was adopted becoming Resolution No. 10-057 Voting Yes Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Wise and Henderson Voting No None. The caption of Resolution No. 10-057 reads as follows. RESOLUTION NO. 10-057 A RESOLUTION AUTHORIZING THE MAYOR, THE CITY MANAGER ANDiOR ANY ASSISTANT CITY MANAGER TO ATTEND AND CONDUCT A PUBLIC HEARING AT THE OFFICES OF THE PORT OF PORT ARTHUR, 221 HOUSTON AVENUE, PORT ARTHUR, ON MARCH 11, 2010 AT 9:OOA.M. REGARDING THE ISSUANCE AND APPROVAL OF PORT OF PORT ARTHUR NAVIGATION DISTRICT OF 7EFFERSON COUNTY, TEXAS EXEMPT FACILITIES REVENUE BONDS (TOTAL PETROCHEMICALS USA, INC. PROTECT) SERIES 2010 IN THE AGGREGATE PRINCIPAL AMOUNT OF $50,000,000, AS PER 26 USCS SECTION 147 Councilmember Williamson arrived at 8.49 a.m. II. PROCLAMATIONS 8E MINUTES Proclamations Mayor Prince issued the following_Proclamations. "Paul Alpough and Ervin Thomas Animal Control Offwcers Day" February 23, 2010 Animal Control Officers Ervin Thomas and Paul Alpough appeared before the City Council to accept the proclamation honoring. them for their heroic actions in response to a recent house fire. "Golden Triangle Sertoma Club Day" -February 23, 2010 Members of the Golden Triangle Sertoma Club, the Port Arthur Sertoma Club, the Evening Sertoma Club, the Aurora Sertoma Club and the Gulf Coast Area Sertoma Club appeared before the City Council to accept the proclamation for their dedication and commitment to the community "Rotary International Day" -February 23, 2010 Rotary President and Lamar State College Port Arthur Dean of Technical Affairs ]anis Hutchins appeared before the City Council to accept the proclamation celebrating the Rotary International's 105th year of service and honoring the organization for improving the human condition in local communities around the world "Southeast Texas Regional Citizen Bee Day" -March 4, 2010 Lamar State College Port Arthur Athletic Director William 'Bill" Worsham appeared before the City Council to accept the proclamation recognizing the Southeast Texas Twentieth Annual Regional Citizen Bee event. Mr Worsham announced that the event will be held at Lamar State College Port Arthur, Thursday, March 4, 2010 at 7.00 p m. Minutes -None III. PETITIONS S: COMMUNICATIONS A. Sue, akers (i) Bill Worsham Regarding Lamar State College Port Arthur Distinguished Lecture Series City Council Minutes 2 Regular Meeting -- February 23, 2010 Lamar State College Port Arthur Athletic Director William "Bill" Worsham, 906 Southwind, appeared before the City Council to personally extend invitations to attend Lamar State College's Distinguished Lecture Series featuring Baseball Hall of Famer Cal Ripken, Jr on Tuesday, March 2, 2010 at 7 00 p.m. at the Carl Parker Multipurpose Center (2) Steve Tucker Regarding Championship Basketball Minor League Game To Be Held In Port Arthur SETX (Southeast Texas) Mavericks General Manager and Head Coach Steve Tucker appeared before the City Council to announce that the Minor League Basketball Championship playoff games will be held at Lamar State College's Gymnasium Coach Tucker introduced SL-TX Maverick's President, Candace Griffin, Promotional Director Tamika Humphrey; and Basketball Players DeRon Rutledge, Keith Simpson, Donnie Jackson, Lamar Sanders and Jon Rogers. B. Presentations (i) Presentation By Dr. Tanis Hutchins Regarding The Certification Of Port Arthur Business Enterprises Lamar State College Port Arthur Dean of Technical Affairs and Consultant Janis Hutchins, 650 Ridgewood, Port Neches, appeared before the City Council to conduct the presentation as shown in F~chibit "A" of the Meeting Minutes. Assistant City Manager/Administration Rebecca Underhill appeared before the City Council to address inquiries regarding the city's participation in purchasing from local vendors. Mrs. Underhill encouraged local participation and stated that prospective local business candidates may contact her regarding the certification process. Councilmember Chatman requested information on the Purchasing Department's local vendor listings. Councilmember Beard requested that the following be made a part of the record Councilmember Beard Just for the record, Mrs. Underhill. If there are questions, I will refer them to the proper people, to the proper channels. I'm not sure what the context of your comment was. But if there is, for instance, if there is someone wants to apply, you know, I will make it known, make them aware. Because some people have asked me about it, that we do have this process, where they need to go. And most of the time I refer them to Dr Hutchins, because she is the one that has crafted that and sometimes they need a little bit more hands on work. But anyone, if I have dealt with anything with this and I have in the past, if they want to do purchasing, I refer them to Ms. Tubbs. But I was not aware that you were involved in it, but I have no problem referring them to you also. Assistant City Manager/Administration Underhill I just wanted to make sure that you were aware of that anytime a new vendor is coming up and they are asking questions about doing business with the city, that we would love to talk to them to get them on our vendor list. (2) Presentation By Bob Phillips Of Phillips Productions, Inc. Regarding Strategic Public Relations And Integrated Marketing Communications Phillips Production Representative and Television Personality Texas County Reporter Bob Phillips with ofFces in Dallas and Beaumont, Texas, appeared before the City Council to conduct the presentation as shown in F~chibit "B" of the Meeting Minutes. City Council Minutes Regular Meeting -February 23, 2010 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (i) P. R. No. 15737 - A Resolution Authorizing The City Manger To Execute A Contract With Phillips Productions, Inc. For Strategic Public Relations And Integrated Marketing Communications The Mayor introduced the above-mentioned Proposed Resolution Upon the motion of Councilmember Williamson, seconded by Councilmember Beard and carried unanimously, Proposed Resolution No. 15737 was adopted becoming Resolution No. 10-058. 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. 10-058 reads as follows. RESOLUTION NO. 10-058 A RESOLUTION AUTHORIZING THE CITY MANGER TO EXECUTE A CONTRACT WITH PHILLIPS PRODUCTIONS, INC. FOR STRATEGIC PUBLIC RELATIONS AND INTEGRATED MARKETING COMMUNICATIONS III. PETITIONS & COMMUNICATIONS C. CorresQOndence -None IV. PUBLIC HEARINGS - 9:00 AM -None V. UNFINISHED BUSINESS (1) P. R. No. 15710 - A Resolution Appointing A City Attorney For The City Of Port Arthur And Establishing The Terms Of Employment (2) P. R. No. 15715 - A Resolution Authorizing A Search To Fill The City Attorney Vacancy, Providing A Timetable And Funding Therefor The above-mentioned Proposed Resolutions were held after the 1=xecutive Session VI. CONSENT AGENDA Upon the motion of Councilmember Williamson, seconded by Councilmember Chatman and carried, the following Consent Agenda items were adopted with the exception of Consent Item A and Proposed Resolution No.'s 15742, 15745, 15749, 15750 and 15758 (A) Consideration And Approval Of Awarding A Bid To LPC (USA), Inc., Irvine, CA In The Estimated Amount Of $175,000 For The Purchase Of #2 Low Sulfur Diesel Fuel For The Transit Center And Wastewater Treatment Plant, And Dyed, Off-Road Diesel For The Landfill Item A held for individual action City Council Minutes 4 Regular Meeting -February 23, 2010 (B) Consideration And Approval Of Payment To Dell Computers, Round Rock, TX In The .Amount O'f $7,861.05 For The Purchase Of A Dell Computer Server To Upgrade The Current Police Department Digital Video Recording System (C) Consideration And Approval Of Payment To Dell Computers, Round Rock, TX In The Amount Of $5,747.97 For The Purchase Of Three (3) New Police Department Laptop Computers (D) Consideration And Approval Of Payment To Dell Computers, Round Rock, TX In The Amount Of $8,539.45 For The Purchase Of Five (5) New Police And Fire Dispatch Computers (E) Consideration And Approval Of Payment To Sam Pack's Five Star Ford, Carrollton, TX In The Amount Of $25,498 For The Purchase Of A 2011 Ford F-450 1-1/2 Ton Flatbed Truck For The Street Division (F) Consideration And Approval Of Payment To Heil Of Texas, Houston, TX In The Amount Of $5,370 For The Purchase Of Cameras For Residential Collections Garbage Trucks (G) Consideration And Approval Of Payment To Mustang Tractor And Equipment Company, Beaumont, TX In The Amount Of $6,813.03 For Repairs To A 1999 D6R Landfill Caterpillar Dozer (Equipment #1336) (H) Exuense Reports Mayor Deloris "Bobbie° Prince: Use O'f Personal Auto For City Business, February 1-19, 2010 $66.50 Resolutions -Consent (1) P. R. No. 15712 - A Resolution Approving A Five (5) Year License Agreement Between Kinder Morgan Texas Pipeline LLC And The City Of Port Arthur To Permit The Operation And Maintenance Of A 4-Inch Natural Gas Line On A Public Right-Of-Way (Old Canal Right-Of-Way) In The City Of Port Arthur, Texas, For The Sum Of $3,276.00 Per Year Proposed Consent Resolution No. 15712 was adopted becoming Resolution No. 10-059 (2) P. R. No. 15714 - A Resolution Authorizing The Submission Of A Contract Amendment Request For The Community Development Fund Contract Between The City Of Port Arthur And The Texas Department Of Rural Affairs (TDRA), Contract Number DRS010148 Proposed Consent Resolution No. 15714 was adopted becoming Resolution No. 10-060 (3) P. R. No. 15729 - A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion From Arnold Pierce, P.E. Of 7)AT Property Development, LLC, And The Contractor's Certificate And Release And Contractor's Certificate Of Guarantee From Placo, LTD. For The Completion Of Public Water System Improvements To Serve The Port Arthur RV Resort Phase I At 2950 West FM 365, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas City Council Minutes 5 Regular Meeting -February 23, 2010 Proposed Consent Resolution No. 15729 was adopted becoming Resolution No. 10-061 (4) P. R. No. 15735 - A Resolution As it Pertains To The Golden Triangle Veteran's Memorial Park (Requested By Councilmember Henderson) Proposed Consent Resolution No. 15735 was adopted becoming Resolution No. 10-062. (5) P. R. No. 1,,5738 - A Resolution Authorizing Acceptance Of An Advance Payment Of $59,750.89 For Hurricane Ike Related Windstorm Damages From The City's Windstorm Insurance Carrier (McGriff, Seibels & Williams) Proposed Consent Resolution No 15738 was adopted becoming Resolution No. 10-063 (6) P. R. No. 15742 - A Resolution As it Pertains To A Consultant Agreement With Carl R. Griffith & Associates For Professional Consulting Services Proposed Consent Resolution No. 15742 was held for individual action. (7) P. R. No. 15743 - A Resolution Authorizing The Extension Of The Agreement With Lineberger, Goggan, Blair ~ Sampson, L.L.P. For The Collection Of Fines For Municipal Court Proposed Consent Resolution No. 15743 was adopted becoming Resolution No. 10-064 (8) P. R. No. 15744 - A Resolution Certifying Urgent Need Conditions Within The City Of Port Arthur For The Hurricane Ike CDBG Disaster Recovery Funding From The Southeast Texas Regional Planning Commission Proposed Consent Resolution No. 15744 was adopted becoming Resolution No. 10-065 (9) P. R. No. 15745 - A Resolution Authorizing The City To Lease A DM 825 Digital Mailing System With A 15 Lb Intertaced Postage Scale From Pitney Bowes, Inc. Of Houston, Texas At The Rate Of $471/Month For A 54 Month Period With 3 Months Free Proposed Consent Resolution No. 15745 was held for individual action. (10) P. R. No. 15749 - A Resolution Authorizing The Mayor, The City Manager And/Or Any Assistant City Manager To Attend And Conduct A Public Hearing At The Offices Of The Port O'f Port Arthur, 221 Houston Avenue, Port Arthur, On March ii, 2010 At 9:00A.M. Regarding The Issuance And Approval Of Port Of Port Arthur Navigation District Of Jefferson County, Texas Exempt Facilities Revenue Bonds (TOTAL Petrochemicals USA, Inc. Project) Series 2010 In The Aggregate Principal Amount Of $50,000,000, As Per 26 USCS Section 147 Proposed Consent Resolution 15749 was previously enacted, becoming Resolution No. 10-057 (11) P. R. No. 15750 - A Resolution Authorizing The Execution Of A Contract Between The- City O'f Port Arthur And AmeraProducts, Inc. DBA Ameraglass Co. Of Beaumont, Texas For The City Hall And Annex. Window Glass Upgrades In The Amount Of $426,346. Project ENG001, 135-1209- 531.82-00 City Council Minutes Regular Meeting -February 23, 2010 Proposed Consent Resolution No. 15750 was held for individual action (12) P. R. No. 15752 - A Resolution Terminating The Contract Between The City Of Port Arthur And The Texas Department Of State Health Services For CHS-FEE For Service Family Planning Funds In The Amount Of $74,599 Proposed Consent Resolution No. 15752 was adopted becoming Resolution No. 10-066 (13) P. R. No. 15753 - A Resolution Terminating The Contract Between The City Of Port Arthur And The Texas Department O'f State Health Services For Title X Family Planning Funds In The Amount Of $145,348 Proposed Consent Resolution No. 15753 was adopted becoming Resolution No 10-067 (14) P. R. No. 15754 - A Resolution Terminating The Contract Between The City Of Port Arthur And The Texas Department Of State Health Services For Title X Family Planning Funds In The Amount Of $52,492 Proposed Consent Resolution No. 15754 was adopted becoming Resolution No. 10-068. (15) P. R. No. 15758 - A Resolution Approving The 2010 City Streets Program In The City Of Port Arthur, With Funding To Be Available in Account 001-1203-531.86-00 Proposed Consent Resolution No. 15758 was held for individual action (16) P. R. No. 15760 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $15,983.34 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Properly Damage To City Parks Vehicle #1597 Proposed Consent Resolution No. 15760 was adopted becoming Resolution No. 10-069 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT Consent Item (A) Consideration And Approval Of Awarding A Bid To LPC (USA), Inc., Irvine, CA In The Estimated Amount Of $175,000 For The Purchase Of #2 Low Sulfur Diesel Fuel For The Transit Center And Wastewater Treatment Plant, And Dyed, Off-Road Diesel For The Landfill The Mayor introduced the above-mentioned Consent Item The motion was made by Councilmember Williamson and seconded by Councilmember Chatman that Proposed Consent Item A be adopted Councilmember Beard left the Council Chamber at 10 45 a.m. Public Works Director Ross Blackketter appeared before the City Council to address inquiries related to the proposed diesel fuel purchase. Proposed Consent Item A was unanimously adopted Resolutions -Consent City Council Minutes '1 Regular Meeting -February 23, 2010 (6) P. R. No. 15742 - A Resolution As It Pertains To A Consultant Agreement With Carl R. Griffith ~ Associates For Professional Consulting Services The Mayor introduced the above-mentioned Proposed Consent Resolution The motion was made by Councilmember Wise and seconded by Councilmember Chatman that Proposed Consent Resolution No. 15742 be adopted Councilmember Beard returned to the Council Chamber at 10 46 a.m City Manager Stephen Fitrgibbons addressed inquiries related to the proposed professional services agreement. Proposed Consent Resolution No. 15742 was adopted becoming Resolution No. 10-070 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. 10-070 reads as follows. RESOLUTION NO. 10-070 A RESOLUTION AS IT PERTAINS TO A CONSULTANT AGREEMENT WITH CARL R. GRIFFITH 8< ASSOCIATES FOR PROFESSIONAL CONSULTING SERVICES (9) P. R. No. 15745 - A Resolution Authorizing The City To Lease A DM 825 Digital Mailing System With A 15 Lb Intertaced Postage Scale From Pitney Bowes, Inc. Of Houston, Texas. At The Rate Of $471/Month For A 54 Month Period With 3 Months Free The Mayor introduced the above-mentioned Proposed Consent Resolution. The motion was made by Councilmember Chatman and seconded by Councilmember Henderson that Proposed Consent Resolution No. 15745 be adopted Purchasing Manager Shawna Tubbs appeared before the City Council to address inquiries related to the proposed digital mailing system lease. Proposed Consent Resolution No. 15745 was adopted over the dissenting vote of Councilmember Beard, becoming Resolution No. 10-071 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. 10-071 reads as follows. RESOLUTION NO. 10-071 A RESOLUTION AUTHORIZING THE CITY TO LEASE A DM 825 DIGITAL MAILING SYSTEM WITH A 15 LB INTERFACED POSTAGE SCALE FROM PITNEY BOWES, INC. OF HOUSTON, TEXAS AT THE RATE OF $471/MONTH FORA 54 MONTH PERIOD WITH 3 MONTHS FREE City Council Minutes 8 Regular Meeting -February 23, 2010 (11) P. R. No. 15750 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And AmeraProducts, Inc. DBA Ameraglass Co. Of Beaumont, Texas For The City Hall And Annex Window Glass Upgrades In The Amount Of $426,346. Project ENG001, 135-1209- 531.82-00 The Mayor introduced the above-mentioned Proposed Consent Resolution Upon the motion of Councilmember Chatman, seconded by Councilmember Henderson and carried unanimously, Proposed Consent Resolution No. 15750 was adopted becoming Resolution No. 10-072. Voting Yes. Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson, Wise and Henderson Voting No Noned The caption of Resolution No. 10-072 reads as follows RESOLUTION NO. 10-072 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND AMERAPRODUCTS, INC. DBA AMERAGLASS CO. OF BEAUMONT, TEXAS FOR THE CITY HALL AND ANNEX WINDOW GLASS UPGRADES IN THE AMOUNT OF $426,346. PROJECT ENG001, 135-1209-531.82- 00 (15) P. R. No. 15758 - A Resolution Approving The 2010 City Streets Program In The City Of Port Arthur, With Funding To Be Available In Account 001-1203-531.86-00 The Mayor introduced the above-mentioned Proposed Consent Resolution The motion was made by Councilmember Beard and seconded by Councilmember Henderson that Proposed Consent Resolution No. 15758 be adopted. Public Works Director Ross Blackketter appeared before the City Council to address inquiries related to the proposed 2010 Streets Program. The motion was made by Councilmember Beard to table Proposed Consent Resolution 15758. The motion to table failed for a lack of a second Proposed Consent Resolution No. 15758 was adopted over the dissenting vote of Councilmember Beard, becoming Resolution No. 10-073 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. 10-073 reads as follows. RESOLUTION NO. 10-073 A RESOLUTION APPROVING THE 2010 CITY STREETS PROGRAM IN THE CITY OF PORT ARTHUR, WITH FUNDING TO BE AVhILABLE IN ACCOUNT 001-1203- 531.86-00 A. Resolutions City Council Minutes Regular Meeting -February 23, 2010 (i) P. R. No. 15737 ~ A Resolution Authorizing The City Manger To Execute A Contract With Phillips Productions, inc. For Strategic Public Relations And Integrated Marketing Communications Proposed Resolution No 15737 was previously enacted, becoming Resolution 10-058. (2) P. R. No. 15747 - A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On 5.553 Acres Of Land Described As Block 4, Ridgeway Addition (Property Located South Of 25~' Street And West On 9~' Avenue) City Of Port Arthur, 7efferson County, Texas The Mayor introduced the above-mentioned Proposed Resolution The motion was made by Councilmember Flood and seconded by Mayor Pro Tem Segler that Proposed Resolution No. 15747 be adopted. Soutex Surveyors Project Engineer George Newsome, 3737 Doctors Drive, appeared before the City Council to address inquiries related to the proposed recreational vehicle park. Applicant Roland Angelle, 7921 Greenhill Drive, appeared before the City Council to discuss plans for the construction of a recreational vehicle park on Ninth Avenue and 25"' Street at the old Weingarten's location Proposed Resolution No. 15747 failed. Voting Yes. None. Voting No Mayor Prince, Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Mood, Beard, Williamson, Wise and Henderson. The City Council recessed their Regular Meeting at it 43 a.m and reconvened their Regular Meeting at 1.35 p.m. with the following members present: Mayor Prince, Mayor Pro Tem Segler; Councilmembers Beard, Williamson and Henderson, City Manager Fitzgibbons, City Secretary Hanks, Acting City Attorney Tizeno and Sergeant At Arms Chief of Police Blanton VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT (3) P. R. No. 15761 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Library Board The Mayor introduced the above-mentioned Proposed Resolution City Secretary Hanks read the followin. Library Board appointments into the record Position 1- Deanie DeLee Position 2 - Dr. Lawanda Finney Position 3 -Sonya Rose Upon the motion of Councilmember Williamson, seconded by Councilmember Henderson, and carried unanimously, Proposed Resolution No. 15761 was adopted becoming Resolution No. 10-074 Voting Yes. Mayor Prince, Mayor Pro Tem Segler; Councilmembers Beard, Williamson, and Henderson Voting No None. The caption of Resolution No. 10-074 reads as follows. City Council Minutes 10 Regular Meeting -February 23, 2010 RESOLUTION NO. 10-074 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE LIBRARY BOARD (4) P. R. No. 15762 - A Resolution To Approve The 2010 Community Development Block Grant Allocations In The Estimated Amount Of $1,300,000 For The City Of Port Arthur The Mayor introduced the above-mentioned Proposed Resolution The motion was made by Councilmember Williamson and seconded by Councilmember Henderson that Proposed Resolution No. 15762 be adopted Councilmember Flood arrived at 1 37 p m Councilmember Chatman arrived at 1 38 p.m Mayor Prince and Councilmember Williamson filled Conflict of Interest Affidavits with the City Secretary and recused themselves from any discussion or action from the above-mentioned Proposed Resolution. Mayor Pro Tem Segler served as Presiding Officer Grants Administrator Mary Essex appeared before the City Council to address inquiries related to the proposed 2010 Community Development Block Grant allocations. The motion was made by Councilmember Beard and seconded by Councilmember Flood to amend Proposed Resolution No. 15762 as follows Ex rience Cor s Reduction 2 500 Revised Allocation 16 500 LAW Academ Reduction 1000 Revised Allocation 6 500 Catholic Charities Reduction 2 500 Revised Allocation 9 000 Gift of Life Reduction 500 Revised Allocation 10 000 L a Increase 6 500 Revised Allocation 6 500 Proposed Consent Resolution No. 15762 was adopted with above-stated amendments, becoming Resolution No. 10-075 Voting Yes Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Beard and Henderson. Voting No No. The caption of Resolution No. 10-075 reads as follows. RESOLUTION NO. 10-075 A RESOLUTION TO APPROVE THE 2010 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATIONS IN THE ESTIMATED AMOUNT OF $1,300,000 FOR THE CITY OF PORT ARTHUR Mayor Prince returned to her place as Presiding Officer Councilmember Williamson returned to his place as Councilmember (5) P. R. No. 15763 - A Resolution Pertaining To The Port Arthur Downtown Revitalization Board And Appointing A Member To The Board Of Directors (Requested By Councilmember Beard) The Mayor introduced the above-mentioned Proposed Resolution. City Council Minutes l 1 Regular Meeting -February 23, 2010 The motion was made by Councilmember Beard and seconded by Councilmember Chatman that Proposed Resolution No. 15763 be adopted. Councilmember Beard nominated Councilmember Chatman to the Port Arthur Downtown Revitalization Board of Directors. Proposed Resolution No.15763 was adopted becoming Resolution No. 10-076. Voting Yes Mayor Prince, Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Beard, Williamson and Henderson Voting No None. The caption of Resolution No. 10-076 reads as follows. RESOLUTION NO. 10-076 A RESOLUTION PERTAINING TO THE PORT ARTHUR DOWNTOWN REVITALIZATION BOARD AND APPOINTING A MEMBER TO THE BOARD OF DIRECTORS (REQUESTED BY COUNCILMEMBER BEARD) B. Ordinances (1) P. O. No. 6060 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Amending Sections 7-100, 22-101, And 26-100 And To Include Changes To The Schedule Of Uses Chart, Special Conditions By Use, And Definitions Violation Of This Ordinance Is Punishable As Provided In Section i-13 In The City Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur Effective Immediately After The Publication Date (Adding The Term "Lodge"Without Reference To Fraternal Organization) The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Henderson, seconded by Councilmember Chatman and carried unanimously, Proposed Ordinance No. 6060 was adopted becoming Ordinance No. 10-10 Voting Yes. Mayor Prince, Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Beard, Williamson and Henderson. Voting No None. The caption of Ordinance No. 10-10 reads as follows. ORDINANCE NO. 10-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY AMENDING SECTIONS 7-100, 22-101, AND 26-100 AND TO INCLUDE CHANGES TO THE SCHEDULE OF USES CHART, SPECIAL CONDITIONS BY USE, AND DEFINITIONS (VIOLATION OF THIS ORDINANCE IS PUNISHABLE AS PROVIDED IN SECTION 1-13 IN THE CITY CODE OF ORDINANCES AS AMENDED BY FINE NOT EXCEEDING TWO THOUSAND [$2,000] DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT City Council Minutes 12 Regular Meeting -February 23, 2010 ARTHUR EFFECTIVE IMMEDIATELY AFTER THE PUBLICATION DATE (ADDING THE TERM "LODGEg WITHOUT REFERENCE TO FRATERNAL ORGANIZATION) (2) P. O. No. 6066 - An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Properly To Low And Moderate Income Residents Of The City Who Are Participating In The Hurricane Rita Housing Reconstruction Program Through The Texas Department Of Housing ~ Community Affairs (TDHCA) The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Williamson, seconded by Councilmember Henderson and carried unanimously, Proposed Ordinance No. 6066 was adopted becoming Ordinance No. 10-11 Voting Yes. Mayor Prince, Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Beard, Williamson and Henderson Voting No None. The caption of Ordinance No. 10-11 reads as follows. ORDINANCE NO. 10-11 AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED FOR CONVEYANCE OF PROPERTY TO LOW AND MODERATE INCOME RESIDENTS OF THE CITY WHO ARE PARTICIPATING IN THE HURRICANE RITA HOUSING RECONSTRUCTION PROGRAM THROUGH THE TEXAS DEPARTMENT OF HOUSING 8c COMMUNITY AFFAIRS (TDHCA) (3) P. O. No. 6067 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2009 And Ending September 30, 2010 The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Chatman and seconded by Councilmember Williamson that Proposed Ordinance No. 6067 be adopted City Manager Stephen Fitrgibbons address inquires related the proposed budget amendment. Proposed Ordinance No. 6067 was adopted becoming Ordinance No. 10-12. Voting Yes. Mayor Prince, Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Beard, Williamson and Henderson Voting No None. The caption of Ordinance No. 10-12 reads as follows ORDNANCE NO. 10-12 AN APPROPRIATION ORDINANCE AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010 C. *Reinorts And Recommendations City Council Minutes 13 Regular Meeting -February 23, 2010 (i) December 2009 Financial Report Assistant City Manager/Administration Rebecca Underhill appeared before the City Council to present the above-mentioned report. (2) Affordable Housing Programs The above-mentioned report was held out of order (3) Setting A Date And Time For A joint City/EDC Meeting Economic Development Corporation Chief Executive Officer Floyd Batiste appeared before the City Council to discuss planning a joint meeting with the City Council and the Economic Development Corporation Board of Directors. No date was finalized during the Regular Meeting. (2) Affordable Housing Programs City Manager Stephen Fitrgibbons discussed mandated criteria to transfer city owned properties. Acting City Attorney Valecia Tizeno discussed adopting state law requirements for Urban Land Bank Plans. Director of Housing and Neighborhood Revitalization Mike Mason appeared before the City Council to address inquiries related to affordable housing programs. (4) Report By Pleasure Island Commission Regarding Marina, Logan Park 8c Other Projects. City Manager Stephen Fitrgibbons requested that the above-mentioned report be tabled to the next Regular Meeting VIII. REPORTS OF BOARDS 8z COMMITTEES -None IX. CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (1) Section 551.072 Government Code - To Discuss The Value Of Land Along Fourth Street Between Mobile And Shreveport Avenues (2) Section 551.072 Government Code - To Discuss The Yalue Of Land Adjacent To Adams Park (3) Section 551.074 Government Code - To Deliberate The Appointment Of A City Attorney (4) Section 551.087 Government Code - To Discuss Possible incentives As To A Health Clinic (5) Section 551.087 Government Code - To Discuss Incentives At The Business Park (6) Section 551.087 Government Code - To Discuss Possible Incentives As To Call Centers The City Council recessed their Regular Meeting at 2 38 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their Regular Meeting at 4 11 p.m. with the following members present: Mayor Prince, Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson and Henderson, City Manager Fitrgibbons; City Secretary Hanks, Acting City Attorney Tizeno and Sergeant At Arms Deputy Chief Blanton. City Council Minutes 14 Regular Meeting -February 23, 2010 Councilmember Albright joined the Regular Meeting at 3.37 p.m. during the Executive Session. Councilmember Wise left the Regular City Council Meeting at 4 10 p.m due to a family emergency V. UNFINISHED BUSINESS (1) P. R. No. 15710 - A Resolution Appointing A City Attorney For The City Of Port Arthur And Establishing The Terms Of Employment The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Henderson that Proposed Resolution No. 15710 be adopted. Mayor Prince named Acting City Attorney Valecia Tizeno as the City Attorney The motion was made by Councilmember Beard to amend Proposed Resolution No. 15710 to authorize conducting a search for a City Attorney The motion failed for a lack of a second Proposed Resolution No 15710 was adopted over the dissenting vote of Councilmember Beard becoming Resolution No. 10-077 Voting Yes: Mayor Prince, Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Williamson and Henderson. Voting No Councilmember Beard The caption of Resolution No. 10-077 reads as follows RESOLUTION NO. 10-077 A RESOLUTION APPOINTING A CITY ATTORNEY FOR THE CITY OF PORT ARTHUR AND ESTABLISHING THE TERMS OF EMPLOYMENT (1) P. R. No. 15710 - A Resolution Appointing A City Attorney For The City Of Port Arthur And Establishing The Terms Of Employment The Mayor introduced the above-mentioned Proposed Resolution The motion was made by Councilmember Williamson and seconded by Councilmember Albright that Proposed Resolution No. 15710 be reconsidered. Director of Human Resources Albert Thigpen appeared before the City Council to recommend the following terms and conditions for the newly appointed City Attomey• • Starting date of employment February 24, 2010 • Wage and Salary Plan at Range 72, Step 2. • Automobile Allowance of $250 per month • Cell Phone Allowance of $100 per month. • Six Months Severance Pay City Council Minutes 15 Regular Meeting -February 23, 2010 The motion was made by Councilmember Williamson and seconded by Councilmember Albright that Proposed Resolution No. 15710 be adopted with the above-stated terms and conditions. Proposed Resolution No. 15710 was amended and adopted over the dissenting vote of Councilmember Beard becoming Resolution No. 10-077 Voting Yes. Mayor Prince, Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Williamson and Henderson Voting No Councilmember Beard The caption of Resolution No. 10-077 reads as follows RESOLUTION NO. 10-077 A RESOLUTION APPOINTING A CITY ATTORNEY FOR THE CITY OF PORT ARTHUR AND ESTABLISHING THE TERMS OF EMPLOYMENT Councilmember Beard left the Regular Meeting at 4 22 p.m. (2) P. R. No. 15715 - A Resolution Authorizing A Search To Fill The City Attorney Vacancy, Providing A Timetable And Funding Therefor The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Williamson, seconded by Councilmember Henderson and carried unanimously, Proposed Resolution No. 15715 was removed Voting Yes. Mayor Prince, Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Williamson and Henderson. Voting No None. Proposed Resolution No. 15715 was removed. X. AD70URNMENT OF MEETING Upon the motion by Councilmember Chatman, seconded by Mayor Pro Tem Segler and carried unanimously, the City Council adjourned their meeting at 4 23 p.m An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR DELORIS "BOBBIE PRINCE ATTEST: CITY SECRETARY TERRI HANKS END OF REGULAR MEETING HELD February 23, 2010. APPROVED: City Council Minutes 16 Regular Meeting -February 23, 2010