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Home My WebLink About(5) JOINT/SPECIAL 10/19/04 3OTNT/SPECZAL MEET] NG--October 19, 2004 ROLL CALL, TNVOCATION & PLEDGE The City Council of the City of Port Arthur met in a Joint/Special Meeting on Tuesday, October 19, 2004 at 5:37 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Pro Tem .]ohn Beard, Jr.; Councilmembers Felix A. Barker, Thomas ,1. Henderson, Martin Flood, Ronnie Thompson, Deloris "Bobble' Prince and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Mark T. Sokolow. Councilmember Craig Hannah arrived at the Joint/Special Meeting at 5:44 p.m. The Section 4A Economic Development Corporation of the City of Port Arthur convened with the City Council in the Joint/Special Meeting with the following members present: EDC Board Chairperson Deborah Khalajabadi: EDC Board Directors Charles "Pete" Herlin and Maria Block; EDC Advisory Board Director Mike Nicholas; Executive Director Mills; and EDC Business Development Coordinator Tim Alexander. PRESENTATIONS (1) Presentation By Gulf Copper Gulf Copper President Steve Hale, 320 Houston Avenue, addressed the City Council to conduct a presentation for a proposed dry dock project on Taylor's Bayou. Mr. Hale discussed future ship maintenance and repair expansions, employment opportunities and investment needs for the rehabilitation of a 1942 dry dock. (2) Presentation By EcoSepa And EcoWater EcoWater Principal Shareholder Michael Laws, addressed the City Council to discuss liquid waste disposal remediation, additional participation with two environmental liquid waste disposal companies, and the processing and marketing of bio-diesel as an alternative fuel. V. *CLOSED HEETING (EXECUT1~VE SESSION) Closed Heetina: (1) Section 551.071 - Government Code- To Discuss With The City Attorney Procedures As To Avoid Litigation As To Processes And Procedures Of The City Of Port Arthur Section 4A Economic Development Corporation, As Well As To Discuss Potential Litigation Against The City Of Port Arthur Section 4A Economic Development Corporation Consultants And Grantees (2) Section 551.071 - Government Code- To Discuss With The City Attorney And Guy Goodson Pending Litigation As It Pertains To Hark Hayes And Affiliated Entities (3) Section 551.072 - Government Code - To Discuss The Value Of Land And Lease Space At 441 Austin Avenue, 4173 39th Street, Property In Downtown Port Arthur, And Property Adjacent To West 7th Street (4) Section 551.087 - Government Code - To Discuss Incentives For Industrial Business Prospects The City Council along with the Section 4A Economic Development Corporation Directors recessed their meeting at 6:44 p.m. to consider the above-mentioned topics, and reconvened their meeting at 9:37 p.m. with the following members present: Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Thompson, Prince and Sinegal; City Manager Fitzgibbons, City Secretary Green and City Attorney Sokolow; EDC Board Chairperson Khalajabadi; EDC Board Directors Herlin and Block; EDC Board Advisory Directors Nicholas; EDC Executive Director Mills and EDC Business Development Coordinator Alexander. Councilmember Flood left the Joint/Special Meeting. III. UNFINISHED BUSINESS P.R. No. Z286Z - A Resolution As It Pertains To The Capital Expenditures Of The City Of Port Arthur Section 4A Economic Development Corporation As It Pertains To The Lease, Renovation, Or Purchase Of Property Or Properties For An Office, As Well As Other Uses The Mayor Pro Tem introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Thompson that Proposed Resolution No. 12861 be adopted. City Attorney Sokolow read Exhibit "A" into the record: Exhibit "A" The City of Port Arthur Section 4A Economic Development Corporation is authorized to lease the building at 4173 39th Street for an additional period of one (1) year at $3,750 per month, and thereafter, on a month to month basis at $3,750 per month. Any future physical modifications and/or improvements to the building by the City of Port Arthur Section 4A Economic Development Corporation will need City Council approval. The motion was made by Councilmember Henderson and seconded by Councilmember Thompson that Proposed Resolution No. 12861 be amended as stated by the City Attorney. Proposed Resolution No. 12861 was adopted as amended, over the dissenting vote of Councilmember Sinegal, becoming Resolution 04-343. Voting Yes: Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Thompson and Prince. Voting No: Councilmember Sinegal. The caption of Resolution 04-343 reads as follows: RESOLUTION 04-343 A RESOLUTION AS IT PERTAINS TO THE CAPITAL EXPENDITURES OF THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AS IT PERTAINS TO THE LEASE, RENOVATION, OR PURCHASE OF PROPERTY OR PROPERTIES FOR AN OFFICE, AS WELL AS OTHER USES. Joint / Special Meeting October 19, 2004 Page 2 Upon the motion of EDC Board Director Herlin, seconded by EDC Board Director Block, and carried Proposed Resolution No. 1286! was adopted as amended by the City Council. Voting Yes: EDC Board Chairman Khalajabadi, Herlin and Block Voting No' None. IV. ITEMS REQUIRING INDIVIDUAL ACTION A. Resolutions (1) P.R. No. 12624 - A Resolution Approving The Economic Incentive Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And International Specialty Products (ISP) The Mayor Pro Tem introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Thompson that Proposed Resolution No. 12624 be adopted. The City Attorney stated for the record the corrected name and address as ISP Synthetic Elastomers Inc. 116! Alps Road, Wayne, New ,lersey. The motion was made by Councilmember Henderson and seconded by Councilmember Thompson that Proposed Resolution No. 12624 be adopted as stated by the City Attorney. Proposed Resolution No. !2624 was adopted as amended becoming Resolution 04-344. Voting Yes: Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Thompson, Prince and Sinegal. Voting No: None. The caption of Resolution 04-344 reads as follows: RESOLUTION 04-344 A RESOLUTION APPROVING THE ECONOMIC INCENTIVE CONTRACT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND INTERNATIONAL SPECIALTY PRODUCTS (ISP) Upon the motion of EDC Board Director Herlin, seconded by EDC Board Director Block, and carried Proposed Resolution No. !2624 was adopted as amended by the City Council. Voting Yes: EDC Board Chairman Khalajabadi, Herlin and Block Voting No: None. (2) P.R. No. 12865 - A Resolution Approving An Updated Rule 11 Agreement Or Agreements And Ancillary Documents As To The Hayes Condemnation Litigation (Cause No. 96~870, County Court At Law No. 1) And In The Assessment Litigation (Cause No. D-171,175, 136th District Court) The Mayor Pro Tern introduced the above-mentioned Proposed Resolution. .Joint / Special Meeting October 19, 2004 Page 3 The motion was made by Councilmember Henderson and seconded by Councilmember Thompson that Proposed Resolution No. 12865 be adopted. The City Attorney stated for the record: "The two (2) Rule 11 Agreements will be filed in the Official Records of the City Secretary for a total amount of $207,500 plus payments for additional costs". Proposed Resolution No. 12865 was adopted as amended becoming Resolution 04-345. Voting Yes: Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Thompson, Prince and Sinegal. Voting No: None. The caption of Resolution 04-345 reads as follows: RESOLUTTON 04-345 A RESOLUTI'ON APPROVTNG AN UPDATED RULE 11 AGREEMENT OR AGREEMENTS AND ANCrLLARY DOCUMENTS AS TO THE HAYES CONDEMNAT'rON LI'TTGATt'ON (CAUSE NO. 96,870, COUNTY COURT AT LAW NO. 1) AND t'N THE ASSESSMENT Lt'TI'GATI'ON (CAUSE NO. D-171,175, 136TM D1'STRt'CT COURT) Upon the motion of EDC Board Director Block, seconded by EDC Board Director Herlin, and carried Proposed Resolution No. 12865 was adopted. Voting Yes: EDC Board Chairman Khalajabadi, Herlin and Block Voting No: None. (3) P.R. No, 12867 - A Resolution Approving Znvoice Or Invoices Of The City Of Port Arthur Section 4A Economic Development Corporation The Mayor Pro Tem introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Hannah that Proposed Resolution No. 12867 be adopted. EDC Business Development Coordinator Alexander reported mowing bids were obtained and M.D. Arena was the Iow bid. The City Attorney stated for the record the following invoices will be submitted for payment: 1. M.D. Arena Grass Cutting $2,260.70 2. Germer &Gertz LLP Hayes Litigation $11,681.99 3. Visa Travel & Training Not to Exceed $4,5OO.OO 4. LS! (Retainage) Hospital Project $25,280.77 The motion was made by Councilmember Henderson and seconded by Councilmember Hannah that Proposed Resolution No. 12867 be adopted as stated by the City Attorney. Proposed Resolution No. 12867 was adopted as amended, over the dissenting vote of Councilmember Sinegal, becoming Resolution 04-346. ,loint / Special Meeting October :~9, 2004 Page 4 Voting Yes: Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Thompson and Prince. Voting No: Councilmember Sinegal. The caption of Resolution 04-346 reads as follows: RESOLUTe'ON 04-346 A RESOLUTe'ON APPROVING I'NVOTCE OR ~'NVOI'CES OF THE CTTY OF PORT ARTHUR SECT1'ON 4A ECONOMTC DEVELOPMENT CORPORATTON. Upon the motion of EDC Board Director Block, seconded by EDC Board Director Herlin, and carried Proposed Resolution No. 12867 was adopted as amended by the City Council. Voting Yes: EDC Board Chairman Khalajabadi, Herlin and Block Voting No: None. VT. FUTURE AGENDA TTEMS OR RE(~UESTED REPORTS Mayor Pro Tem Beard requested members of the City Council and the EDC visit with Mr. Andy Green concerning the Composite Program. Dates available are next week, Monday, Tuesday, Wednesday and Thursday between the hours of 2:00 p.m. and 4:00 p.m. The location will be at Lamar University, Engineering Building, Dr. Hopper's office and transportation can be coordinated with the City Manager. EDC Board Chairman Khalajabadi Requested an agenda item to discuss the Business Park. Councilmember Henderson (1) Requested a report on AIIco's street restoration progress. (2) Requested a report on Lombardy Street repairs. Councilmember Barker Requested a report concerning parking heavy equipment on private sewer lines. VTT. AD3OURNMENT Upon the motion of Councilmember Thompson, seconded by Councilmember Henderson and carried unanimously, the City Council adjourned their meeting at 10:08 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 PRO TEM 3OHN BEARD, .1R. Al-rEST: CTTY SECRETARY EVANGELTNE GREEN END OF 3OTNT/SPECTAL MEETTNG HELD October :I9, 2004 APPROVED: .loint / Special Meeting October 19, 2004 Page 5