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HomeMy WebLinkAboutMarch 20, 2007 JOINT/SPECIALJOINT/SPECIAL MEET]~NG - March 20, 2007 ROLL CALL, INVOCATZON & PLEDGE The City Council of the City of Port Arthur met in a .Joint/Special Session on Tuesday, March 20, 2007 at 5:31 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Mayor Pro Tern Deloris "Bobble" Prince; Councilmembers Thomas .]. Henderson, Martin Flood, Robert E. "Bob" Williamson and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Mark T. Sokolow. Councilmember Beard arrived at the meeting at 5:35 p.m. Councilmember Lewis arrived at the meeting at 5:37 p.m. Councilmember Barker was absent. The Section ~,A Economic Development Corporation of the City of Port Arthur could not convene with the City Council in a ]oint/C;pecial Meeting because of the lack of a quorum. The following members were present: EDC Board Director/Chairman Richard Wycoff; Keith Daws and Kerry Thomas; EDC CEO Floyd Batiste. Mayor Ortiz gave the invocation and followed with the pledge to the flag. A motion was made by Councilmember Williamson and seconded by Councilmember Flood that the above-mentioned EDC Board Directors and EDC CEO be permitted to meet with the City Council in Executive Session. The following roll call vote was taken on the motion to permit EDC Board Directors/CEO present at the meeting (without a quorum of their Board of Directors) to convene with the City Council in Executive Session: Councilmember Flood Councilmember Henderson Mayor Pro Tem Prince Councilmember Sinegal Councilmember Williamson Mayor Ortiz Councilmember Beard ~Yes' "Yes" -Yes~ -Yes- "Yes" "Yes" "Yes" Councilmember Beard arrived at the meeting durino the roll call vote at 5:35 p.m. Zl'I, *CLOSED MEETING (EXECUTIVE SESSION) (1) Section 551.071 Government Code - To Discuss With The City Attorney Litigation And Claims As It Pertains To Spur 93 Business Park (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation Znvolving Camellia, Redwine And Director ~ssues (3) Section 551.087 Government Code - To Discuss Incentives ~nvolving Section 4A Business Prospects (4) Section 551.071 and 551.074 Government Code - To Discuss The Evaluation, Duties And Responsibilities Of The Attorney Or Attorneys Providing Legal Services To The Section 4A Economic Development Corporation (5) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To Houston Avenue As ~t Pertains To New EDC Office (Requested By Councilmember Lewis) The City Council recessed their meeting at .5:38 p.m. to meet in Executive Session to consider the above-mentioned topics and recovened their meeting at 7:20 p.m. with the following members present: Mayor Ortiz; Councilmember Lewis; Henderson, Beard, Williamson and Sinegal; City Manager Fit~gibbons; City Secretary Green and City Atttorney Sokolow. Mayor Pro Tern Prince and Councilmember Flood did not return to the meeting after Executive Session. ii. iTEMS REQUiRiNG iNDiViDUAL ACTION (1) P.R. No. 13940 - A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation's Policies And Procedures For incentive Agreements And New Organizational Chart The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Williamson that Proposed Resolution No. 13940 be removed from the agenda. Councilmember Beard requested that the Mayor extend the charge of the By-Laws Committee to work with the EDC members on the committee to resolve any differences or problems with policies/procedures for incentive agreements and the new organizational chart. Proposed Resolution No. 13940 was removecl from the agenda. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Williamson and Sinegal. Voting No: None. (2) P.R. No. 14026 - A Resolution Approving Invoice No. 282790 Of The City Of Port Arthur Section 4A Economic Development Corporation For Legal Services Rendered In May 2006 By Germer Gertz, LLP. in The Amount Of $5,213.57 Upon the motion of Councilmember $inegal, seconded by Councilmember Beard and carried, Proposed Resolution No. 14026 was 'tabled. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Williamson and Sinegal. Voting No: None. (3) P.R. No. 14046 - A Resolution Approving Invoices As It Pertains To Services Rendered In 3anuary 2007 To The City Of Port Arthur Section 4A Economic Development Corporation By Germer Gertz, LLP. In The Amount Of $12,699.15 Upon the motion of Councilmember Williarnson, seconded by Councilmember Sinegal and carried, Proposed Resolution No. 140'~6 was tabled. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Williamson and Sinegal. Voting No: None. City Council Minutes JoinlYSpecial Meeting March 20, 2007 2 (4) P.R. No. 14047 - A Resolution Approving Germer Gertz, LgP. As Legal Counsel For The City Of Port Arthur Section 4A Economic Development Corporation Upon the motion of Councilmember Beard, seconded by Councilmember Sinegal and carried, Proposed Resolution No. 14047 was removed from the agenda. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Williamson and Sinegal. Voting No: None. (s) P.R. No. 14050 - A Resolution Approving The Payment Of interest Only By Abraham Manufacturing To The City Of Port Arthur Section 4A Economic Development Corporation For The Months Of February, March And April, 2007, And Extending The Term Of The Loan The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of CouncJlmember Sinegal, seconded by Councilmember Lewis and carried, Proposed Resolution No. 14050 was adopted becoming Resolution No. 07-126. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 07-126 reads as follows: RESOLUTION NOi 07- 126 A RESOLUTION APPROVING THE PAYMENT OF iNTEREST ONLY BY ABRAHAM MANUFACTURING TO THE CiTY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION FOR THE MONTHS OF FEBRUARY, MARCH AND APRIL, 2007, AND EXTENDING THE TERM OF THE LOAN (6) PiR. NO. 14051 - A Resolution Approving A Loan To S.G.S. Causeway Bait & Tackle Per The Grow Port Arthur Fund For The Construction Of A Building, Purchase Of Equipment, And inventory For A Bait & Tackle Business The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Sinegal and seconded by Councilmember Lewis that Proposed Resolution No. 14051 be adopted. EDC CEO Floyd Batiste appeared before the City Council and discussed the loan agreement that he stated is between the Causeway and the NDC (National Development Corporation). In addition, he explained that the EDC is a partner in the NDC Grow America Fund. The EDC CEO added that he will check on insurance and liability inquiries from the Council. Proposed Resolution No 14',051 was adopted becoming Resolution No. 07-127. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Williamson and Sinegal. Voting No: None. City Council Minutes - Joint/Special Meeting - March 20, 2007 The caption of Resolution No. 07-127 reads as follows: RESOLUTTON NO. 07-127 A RESOLUTZON APPROVZNG A LOAN TO S.G.S. CAUSEWAY BAZT & TACKLE PER THE GROW PORT ARTHUR FUND FOR THE CONSTRUCTION OF A BUILDING, PURCHASE OF EI~UIPHENT, AND INVENTORY FOR A BAIT & TACKLE BUSINESS (7) P.R. No. 14054 - A Resolution Authorizing A Settlement With Schaumburg & Polk, Inc. The Mayor introduced the above-mentioned Proposed Resolution. The City Attorney recommended that the following language be inserted to amend the above-mentioned Proposed Resolution: Section 3: That this Resolution is contingent upon the approval by the City of Port Arthur Section 4A Economic Development Corporation Board of Directors. The City Attorney stated that the settlement is confidential. The motion was made by Councilmember $inegal and seconded by Councilmember Henderson that Proposed Resolution No. 14054 be adopted with the above-amended language. Proposed Resolution No. 14054 was adopted as amended becoming Resolution No. 07- 128. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 07-128 reads as follows: RESOLUTTON NO. 07-128 A RESOLUTZON AUTHORZZING A SEI'rLEt4ENT WITH SCHAUHBURG & POLK, INC. (8) P.R. No. 14055 - A Resolution Authorizing A Settlement With Excavators & Constructors The Mayor introduced the above-mentioned Proposed Resolution. The City Attorney recommended that the following language be inserted to amend the above-mentioned Proposed Resolution: Section 3. That this Resolution is contingent on the approval by the EDC Board of Directors. The motion was made by Councilmember Sinegal and seconded by Councilmember Beard that Proposed Resolution No. 14055 be adopted with the above-amended language. Proposed Resolution No. 14055 was adopted as amended becoming Resolution No. 07- 129. City Council Minutes - JoinffSpecial Meeting March 20, 2007 4 Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 07-129 reads as follows: (9) RESOLUTION NO. 07-129 A RESOLUTION AUTHORIZING A SE'DI'LEHENT Wi'TH EXCAVATORS & CONSTRUCTORS P.R. No. 14056 - A Resolution As It Pertains To Excavators And Constructors And The Extension Of Jade Avenue The Mayor introduced the above-mentioned Proposed Resolution. The City Attorney recommended that the following language be added to amend the above-mentioned Proposed Resolution: Section 3. That the Addendum to the Agreement, dated March 19, 2007, is herein approved, which is attached hereto. The Resolution No. 07-129 was further added to the first paragraph regarding resolution of outstanding claims with Excavators & Constructors. The motion was made by Councilmember Williamson and seconded by Councilmember Beard that Proposed Resolution No. 14056 be adopted with the above-amended language. Proposed Resolution No. 14056 was adopted as amended becoming Resolution No. 07- 130. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 07-130 reads as follows: RESOLUTION NO. 07-130 A RESOLUTION AS IT PERTAINS TO EXCAVATORS AND CONSTRUCTORS AND THE EXTENSION OF3ADE AVENUE (10) P.R. No. 14057 - A Resolution Pertaining To A New Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And the National Development Corporation The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Beard to table Proposed Resolution No. 14057 and seconded by Councilmember Sinegal, the motion carried over the dissenting vote of Councilmember Williamson. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, and Sinegal. Voting No: Counciimember Williamson. Proposed Resolution No. 14057 was tabled. City Council Minutes - Joint/Special Meeting - March 20, 2007 (11) P.R. No. 14060 - A Resolution As It Pertains To Camellia Estates And Camellia Plaza The Mayor introduced the above-mentioned Proposed Resolution. The City Attorney discussed the attachments to the Proposed Resolution consisting of the letters from Germer 8, Gertz and the City Attorney's letter interpreting the contract, along with the performance bond and estimated costs. The following additional language that is bold-faced below will be added to the Resolution: Section 2. That the Agreement with Camellia Estates shall be interpreted as denoted in Exhibit "A", with the Performance Bond, in substantially the same form as denoted in Exhibit "A-l", attached hereto. The motion was made by Councilmember Williamson and seconded by Councilmember Sinegal that Proposed Resolution No. 14060 be adopted with the above-mentioned additions. EDC CEO Floyd Batiste commented that the EDC Board approved the updated letter from Germer & Gertz. The City Attorney commented that he is satisfied with the second letter of Germer & Gertz. The City Attorney also stated that the performance bond is for the sum of $1,376,900. Proposed Resolution No. 14060 was adopted as amended becoming Resolution No. 07- 131. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 07-131 reads as follows: RESOLUT1~ON NO. 07-131 A RESOLUTION AS t'T PERTATNS TO CAMELLIA ESTATES AND CAMELLt'A PLAZA (12) P.R. No. 14061 - A Resolution As It Pertains To Approving A Policy Regarding The Filing Of Conflict Of Interest Disclosure Affidavits Under Chapters 171 and 176 Of The Local Government Code With The City Secretary The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Sinegal and seconded by Councilmember Beard that Proposed Resolution No. 14061 be adopted. The City Attorney explained that the above-mentioned Proposed Resolution pertains to board members, commissioners, councilmembers and anybody with City or affiliated organizations who need to recuse themselves and file affidavits when there is a conflict of interest. City Council Minutes - Joint/Special Meeting - March 20, 2007 The City Attorney further discussed the new law, Chapter 176, that pertains to the involvement of a family member or the receipt of certain gifts. The law requires the filing of affidavits with the City Secretary's office. The City Attorney added that the above-mentioned Proposed Resolution centralizes the process and informs all organizations that the City Council is affiliated with (EDC, Pleasure Island Commission, or any Board/Commission), that the Conflict of Interest Affidavit is to be filed in one central location--the City Secretary's office. Councilmember Beard requested training and information to Boards/Commissions regarding the Conflict of Interest laws and requirements. Councilmember Lewis requested a written opinion from the City Attorney regarding lobbying on issues. Proposed Resolution No. 14061 was adopted as amended becoming Resolution No. 07- 132. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 07-132 reads as follows: RESOLUTZON NO. 07-132 A RESOLUTt'ON AS ZT PERTA~'NS TO APPROVZNG A POL1~CY REGARDZNG THE FZLZNG OF CONFLZCT OF t'NTEREST DISCLOSURE AFFt*DAVITS UNDER CHAPTERS 171 AND 176 OF THE LOCAL GOVERNMENT CODE WITH THE Ct'TY SECRETARY (13) P.R. No. 14062 - A Resolution Approving Invoices Of The City Of Port Arthur Section 4A Economic Development Corporation For Legal Services Rendered By Germer Gertz~ LLP In February 2007 Upon the motion made by Councilmember $inegal, seconded by Councilmember Beard and carried, Proposed Resolution No. 14062 was tabled. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Williamson and Sinegal. Voting No: None. IV. AD3OURNMENT Upon the motion of Councilmember Beard, seconded by Councilmember Sinegal and carried, the City Council adjourned their meeting at 7:45 p.m. An audio-tape of this meeting is on file in the office of the City Secretary is made a part of the official minutes of this meeting. IqAYOR OSCAR G. ORTt'Z A~E~: Ct'TY SECRETARY EVANGELt'NE GREEN END OF 3Ot'NT/SPECIAL HEETtNG HELD HARCH 20, 2007. APPROVED: City Council Minutes - JointJSpecial Meeting - March 20, 2007 7