HomeMy WebLinkAboutSEPTEMBER 17, 2002REGULAR MEETING - September 17~ 2002
I. ROLL CALL~ INVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday,
September :~7, 2002 at 8:30 a.m. in the City Council Chamber, City Hall, with the
following members present: Mayor Oscar G. Ortiz; Mayor Pro Tern Tom Henderson;
Councilmembers Felix A. Barker, Rev. Ronnie Linden, Robert A. Bowers and Michael
"Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline Green and
City Attorney Mark T. Sokolow.
Councilmember Hannah arrived at the meeting at 8:36 a.m.
Councilmember Gillam arrived at the meeting at 8:40 a.m.
Councilmember Chaisson arrived at the meeting at 8:45 a.m.
The invocation was given by Mayor Pro Tern Henderson followed by the pledge to the
flag.
II. PROCLAMATIONS & MINUTES
Minutes - Regular Meeting Held September 3, 2002
Upon the motion of Councilmember Sinegal, seconded by Mayor Pro Tern Henderson,
and carried unanimously, the City Council approved the above-mentioned minutes.
III. PETITIONS & COMMUNICATIONS
A. Soeakers
Yvonne Sutherlin Rega.rding Visionaries in Preservation
Program By The Texas H;storical Commission
Mrs. Yvonne Sutherlin, Chairman of the .Jefferson County Historical Commission, 2048
Oak Avenue, appeared before the City Council and presented information regarding
Preserv/nq Our Her/tacle, A Statewide Plan for Texa~.
(2) Alfred Dominic Regarding .lobs For The People In Port
Arthur - Concluding Remarks
Mr. Alfred Dominic, L45 W. ~.5th Street, appeared before the City Council and
discussed economic and employment issues in the City of Port Arthur.
(3) R.E. Williamson Regarding Denial Of Benefits To Injured
Police Officers And Fire Fighters
Mr. R. E. Williamson, 4608 Alamosa, appeared before the City Council and asked the
Council to rescind Resolution No. 02-255 and discussed the above-mentioned topic.
Human Resources Director Harvey Robinson appeared before the City Council and
explained statutory requirements for employees in both civil and non-civil service
classifications. He reviewed the Texas Municipal League risk cha~t for the various
categories of high-risk employees and responded to questions from the Council.
President of the Port Arthur Police Department Association, Rocky Bridges, appeared
before the City Council to support rescinding Resolution No. 02-255.
(4) Geraldine Hunt Regarding Texas State Senior Games Held
In Lubbock, Texas On August 26 - September 1~ 2002
Mrs. Geraldine Hunt, 747 Procter, appeared before the City Council and discussed the
above-mentioned competition and announced the gold medal winners in contract bridge
(Mrs. Geraldine Hunt and Mrs. Esther Dugay), and dominoes (Mrs. Shirley Scott). The
following individuals representing the group were introduced and appeared before the
Council:
Ms. Tee Wenstrom
Ms. Phyllis Guice
Mrs. Shirley Scott
2301 Glenwood Drive
1624 Village East Blvd
3338 19th Street
Port Arthur, Texas
Port Arthur, Texas
Port Arthur, Texas
B. Correspondence
None
l'V. PUBLZC HEARZNGS - 9:00 AM
None
Councilmember Rose Chaisson left the meetidg at 9:46 a.m.
The City Council recessed their meeting at 10:00 a.m. and reconvened at 10:17 with
the following members present: Mayor Ortiz; Mayor Pro Tem Henderson,
Councilmembers Barker, Gillam, Bowers and Sinegal; City Manager Fitzgibbons; City
Secretary Green and City Attorney Sokolow.
Councilmember Linden returned to the meeting at 10:18 a.m.
V. UNFI'NI'SHED BUSI'NESS
Resolution
P. R. No. 11889 - A Resolution Appointing Directors To The City Of
Port Arthur Section 4A Economic Development Corporation.
(Requested By Section 4A Executive Director)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tem Henderson and seconded by Councilmember
Barker that Proposed Resolution No. 11889 be adopted.
Mayor Pro Tem Henderson nominated Mr. 3oseph P. Drago, .lr., 4200 Forest Drive, for
the position of Section 4A Economic Development Corporation Advisory Director for
Districts 2, 3, and 6--Position B.
Proposed Resolution No. 11889 was adopted becoming Resolution No. 02-270.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Barker, Gillam,
Linden, Bowers and Sinegal.
Voting No: None.
The caption of Resolution No. 02-270 reads as follows:
RESOLUTION NO, 02-270
A RESOLUTZON APPOZNTZNG DZRECTORS TO
THE C1,TY OF PORT ARTHUR SECT1,ON 4A
ECONOM1,C DEVELOPMENT CORPORAT1,ON.
(REQUESTED BY SECT1,ON 4A EXECUT1,VE
D1,RECTOR)
Councilmember Hannah returned to the meeting at 10:23 a.m.
Ordinance
P. O. No. 5285 - An Appropriation Ordinance Approving And
Adopting A Budget For The City Of Port Arthur Section 4A
Economic Development Corporation For The Ensuing Fiscal Year
Beginning October 1~ 2002 And Ending September 30~ 2003 1,n
Accordance With Section 12.03 Of The Bylaws Of The Corporation.
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Mayor Pro Tern Henderson and seconded by Councilmember
Bowers that Proposed Ordinance No. 5285 be adopted.
Economic Development Corporation Executive Director Tke Mills appeared before the City
Council and discussed the 2002-2003 Fiscal Year Budget for the EDC and responded to
questions from the City Council.
Proposed Ordinance No. 5285 was adopted becoming Ordinance No. 02-45.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barke~,
Gillam, Linden, Bowers and Sinegal.
Voting No: None.
The caption of Ordinance No. 02-45 reads as follows:
ORDI'NANCE NO. 02-45
AN APPROPR1,ATZON ORD1,NANCE APPROV1,NG
AND ADOPTING A BUDGET FOR THE C1,TY OF
PORT ARTHUR SECTZON 4A ECONOM1,C
DEVELOPMENT CORPORAT1,ON FOR THE
ENSU1,NG F1,SCAL YEAR BEG1,NN1,NG OCTOBER
1, 2002 AND END1,NG SEPTEMBER 30~ 2003 1,N
ACCORDANCE WI,TH SECT1,ON 12.03 OF THE
BYLAWS OF THE CORPORAT1,ON.
CONSENT AGENDA
Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Sinegal,
and carried unanimously, the following Consent Agenda items were adopted with the
exception of Ttem A, Ttem D, and Proposed Resolutions No. 11920 and 11932:
Consideration And Approval Of Awarding A Bid To Refurbish
And Upgrade Engine 4 (1986 American 1S00 GPM Fire
Engine, Equipment #644) To Bill Baker & Co. 1,nc., Of
Houston, Texas In The Amount Of $34,850 For The Fire
Department.
CB
Consideration And Approval To Reject All Bids For The
Annual Contract For Utility Operations Grounds
Maintenance (Group G).
Consideration And Approval To Award A Bid For The
Purchase Of A Tractor And Slope Mower With Cab Option To
Oil City Tractors, [nc., Tn The Amount Of $69,980 For The
Parks Department.
F. Approval Of Expense Accounts:
Mayor Oscar G. Ortiz:
Reimbursement Of Registration Fee For
The Upcoming CavOilCade
"Goodwill" Tour, October 3-4, 2002
165.00
Attend Entergy Team City Conference,
August 27-29, 2002
493.52
Use Of Personal Auto On City Business In Town,
August~ 2002 $ 98.55
Use Of Personal Auto On City Business Out Of Town,
August, 2002 $ 48.91
Mayor Pro Tem Thomas .1. Henderson:
Use Of Personal On City Business,
3uly - August, 2002
159.14
Councilmember Robert A. Bowers:
Use Of Personal Auto On City Business~
August, 2002
60.95
Councilmember Tom Gillam, [[[:
Use Of Personal Auto On City Business,
August, 2002
$100.00
Councilmember Felix Barker:
Use Of Personal Auto On City Business,
August, 2002
$100.00
Resolutions - Consent
(1)
P. R. No. 11917 A Resolution Approving A Contract
Between The City Of Port Arthur, Lamar State College - Port
Arthur And The Port Arthur Historical Society For The
Purpose Of Funding The Museum Of The Gulf Coast For The
2002-2003 Fiscal Year In The Amount Of $71,000, Account
#001-1003-512.59-00.
Proposed Resolution No. 11917 was adopted becoming Resolution No. 02-271.
(2)
P. R. No. 11918 - A Resolution Authorizing The Execution Of
An Agreement To Share Operating Expenses Of Rose Hill
Between The City Of Port Arthur And The Federated
Women's Club Of Port Arthur For The 2002-2003 Fiscal
Year, In An Amount Not To Exceed $6,000, Account #001-
1003-512.59-00.
Proposed Resolution No. 11918 was adopted becoming Resolution No. 02-272.
(3)
P. R. No. 11919 A Resolution Approving A Contract
Between The City Of Port Arthur And The Port Arthur
Historical Society For The Purpose Of Funding The
Pompeiian Villa For The 2002-2003 Fiscal Year In The
Amount Of $14,800, Account #001-1003-512.59-00.
Proposed Resolution No. 11919 was adopted becoming Resolution No. 02-273.
(5)
P. R. No. 11921 - A Resolution Authorizing The City Manager
To Do All Things Necessary To Execute The Settlement Of
The Property Damage Claim In The Amount Of $16,466.00
Made Against Texas Municipal League Inter. governmental
Risk Pool.
Proposed Resolution No. 11921 was adopted becoming Resolution No. 02-274.
(6)
P. R. No. 11922 - A Resolution Auti~orizing The Purchase Of
Windstorm Coverage (Residential And Commercial) Through
The Texas Municipal League Intergovernmental Risk Pool
(TML-IRP) And AXA Corporate Solutions Lloyds Insurance
Company Of Texas In The Amount Of $115,883 Per Annum.
Proposed Funding By: General Liability; Insurance Fund:
612-1702-581.52-00 - $115,883.
Proposed Resolution No. 11922 was adopted becoming Resolution No. 02-275.
(7)
P. R. No. 11923 - A Resolution Authorizing Execution Of A
Local Project Advance Funding Agreement With The Texas
Department Of Transportation In The Amount Of
$1,609,920 For The Port Arthur Pedestrian Trail.
Proposed Resolution No. 11923 was adopted becoming Resolution No. 02-276.
(8)
P. R. No. 11924 - A Resolution Authorizing The City Manager
To Enter Into A Letter Agreement With Lamar University For
The Taping Of Governmental Meetings.
Proposed Resolution No. 11924 was adopted becoming Resolution No. 02-277.
(9) P.R. No. 11925 - A Resolution Approving Permit #162 For
Drilling Of An Oil And Gas Well By Samedan Oil Corporation.
Proposed Resolution No. 11925 was adopted becoming Resolution No. 02-278.
(10)
P. R. No, 11926 - A Resolution Affirming The Investment
Policies Of The City Of Port Arthur For The 2002-2003 Fiscal
Year.
Proposed Resolution No. 11926 was adopted becoming Resolution No. 02-279.
(11) P. R. No. 11928 - A Resolution Authorizing The City Manager
To Execute Renewal Contracts Between Its Third-Party
Administrator Administrative Services Only Contract For The
City Of Port Arthur Group Medical, Dental Insurance; For
Basic Life; And For Basic Accidental Dental And
Dismemberment, Excess Loss Indemnity With Blue Cross
And Blue Shield Of Texas~ Inc. Fund No. 614 - Hospital
Insurance Fund.
Proposed Resolution No. 11928 was adopted becoming Resolution No. 02-280.
(12) P. R. No. 11929 - A Resolution Awarding A Contract To The
Lowest Responsible Bidder And Authorizing The Execution
Of A Contract For Grounds Maintenance For The Utility
Operations Department To BTS Lawn & Landscaping Of Port
Arthur, Texas For The Sum Not To Exceed Nine Thousand
Two-Hundred And No/100 Dollars ($9~200) For Groups Ar B
And D. Funds Available In Account No. 410-1255-532.59-
00.
Proposed Resolution No. 11929 was adopted becoming Resolution No. 02-281.
(13) P. R. No. 11930 - A Resolution Awarding A Contract To The
Lowest Responsible Bidder And Authorizing The Execution
Of A Contract For Grounds Maintenance For The Utility
Operations Department To' Sandrd's Enterprises, Inc.~ Of
Port Arthur, Texas For The Sum Not To Exceed Nine
Thousand Six-Hundred And No/100 Dollars ($9,600) For
Groups C And E. Funds Available In Account No. 410-1255-
532.59-00.
Proposed Resolution No. 11930 was adopted becoming Resolution No. 02-282.
VII, ITEMS REQUIRING INDIVIDUAL ACTION--CONSENT
Am
Consideration And Approval Of Payment In The Amount Of
$45,000 (To Be Paid In Quarterly Installments Of $11,250
Each) To The Southeast Texas Arts Council For The City's
Fiscal Year 2002-2003 Contribution.
The Mayor introduced the above-mentioned Item.
The motion was made by Mayor Pro Tern Henderson and seconded by Councilmember
Sinegal that Item A be-approved.
Ms. Regina Lindsey, Southeast Texas Arts Council, appeared before the City Council
and presented an overview of the cultural projects planned for Port Arthur this fiscal
year.
The motion to approve Item A carried unanimously.
Dm
Consideration And Approval Of The Purchase Of One 1500
GPM Fire Engine From The Houston Galveston Area Council
(HGAC) In The Amount Of $283,991 For ~The Fire
Department.
The Mayor introduced the above-mentioned Item.
The motion was made by Mayor Pro Tern Henderson and seconded by Councilmember
Bowers that Item D be adopted.
Fire Chief Steve Curran appeared before the City Council and stated that the cost of the
fire engine is $283,563 instead of the above-mentioned amount.
The motion to approve Item D as amended carried unanimously.
(4)
P. R. No. 11920 - A Resolution Authorizing The City Of Port
Arthur To Accept A Donation Of Two Thousand Dollars
($2,000) Donated By Young Men's Business League.
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Bowers, seconded by Mayor Pro Tern Henderson,
and carried, Proposed Resolution No. 11920 was adopted becoming Resolution No. 02-
283.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker,
Gillam, Linden, Bowers and Sinegal.
Voting No: None.
The caption of Resolution No. 02-283 reads as follows:
RESOLUTt'ON NO. 02-283
A RESOLUTI'ON AUTHOR[Zt'NG THE Ct'TY OF
PORT ARTHUR TO ACCEPT A DONATLON OF
TWO THOUSAND DOLLARS ($2,000) DONATED
BY YOUNG MEN'S BUSINESS LEAGUE
(14) P. R. No. 11932 - A Resolution Approving And Authorizing
The Mayor To Execute The Texas Fire And Rescue
Emergency Master Mutual Aid Agreement.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Bowers and seconded by Mayor Pro Tern
Henderson that Proposed Resolution No. 11932 be adopted.
Fire Chief Steve Curran appeared before the City Council and explained the above-
mentioned agreement.
Proposed Resolution No. 11932 was adopted becoming Resolution No. 02-284.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker,
Gillam, Linden, Bowers and Sinegal.
Voting No: None.
The caption of Resolution No. 02-284 reads as follows:
RESOLUTLON NO. 02-284
A RESOLUTt'ON APPROVING AND AUTHOR[Zt'NG
THE MAYOR TO EXECUTE THE TEXAS Fi'RE AND
RESCUE EMERGENCY MASTER MUTUAL At'D
AGREEMENT.
VII. ITEMS REQUIRING INDIVIDUAL ACT[ON--NON-CONSENT
B. Ordinances
P. O. No. 5281 - An Ordinance Amending Section 34-88 Of
The Code Of Ordinances As To Allow The Waiving Of Paving
Liens As Part Of The Economic Incentive Program.
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Linden, seconded by Councilmember Bowers, and
carried, Proposed Ordinance No. 5281 was adopted becoming Ordinance No. 02-46.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker,
Gillam, Linden, Bowers and Sinegal.
Voting No: None.
The caption of Ordinance No. 02-46 reads as follows:
ORDINANCE NO. 02-46
AN ORDINANCE AMENDING SECTION 34-88 OF THE
CODE OF ORDINANCES AS TO ALLOW THE WAIVING
OF PAVING LIENS AS PART OF THE ECONOMIC
INCENTIVE PROGRAM.
A. Resolutions
(1)
P. R. No. 11884 - A Resolution Approving A Compromise Of
A Paving Lien As To Promote The Sale Of 3116 Ozark
Avenue, Pursuant To The Terms Of Section 34-88 Of The
Code Of Ordinances.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Bowers and seconded by Mayor Pro Tem
Henderson that Proposed Resolution No. 11884 be adopted.
The City Attorney discussed the designated amount to be paid before releasing the lien
on the above-mentioned property as $385.00.
The City Manager commented on the conditions of the release of the above-described
lien and suggested that each situation should be examined individually.
The motion was made by Councilmember Gillam and seconded by Councilmember
Sinegal that Proposed Resolution No. 11884 be amended by adding the amount of
$385.00 to be collected from the property owner and waiving the lien.
The motion to amend Proposed Resolution No. 11884 carried unanimoqsly.
Proposed Resolution No. 11884 was adopted as amended becoming Resolution No. 02-
285.
Voting Yes: Mayor 0rtiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker,
Gillam, Linden, Bowers and Sinegal.
Voting No: None.
The caption of Resolution No. 02-285 reads as follows:
RESOLU'rZON NO. 02-285
A RESOLUTION APPROVING A COMPROMISE OF
A PAVING LIEN AS TO PROMOTE THE SALE OF
3116 OZARK AVENUE, PURSUANT TO THE
TERMS OF SECTTON 34-88 OF THE CODE OF
ORDINANCES.
(2)
P. R. No. 11933 - A Resolution Appointing Alan Parker As An
Alternate 3udge Of The Municipal Court .To Act In The
Absence Of The 3udge Of The Municipal Court. (Requested
By Mayor Ortiz)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Gillam and seconded by Councilmember
Barker that Proposed Resolution No. 11933 be adopted.
The motion was made by Councilmember Linden and seconded by Mayor Pro Tem
Henderson that Proposed Resolution No. 11933 be tabled until contact can be made with
.ludge Morrison regarding the above-mentioned appointment.
The motion to table Proposed Resolution No. 11933 for two-weeks carried unanimously.
The City Council recessed their meeting at 11:40 a.m. and reconvened at 1:22 p.m. with
the following members present: Mayor Ortiz; Mayor Pro Tem Henderson;
Councilmembers Hannah, Barker, Linden, Bowers, Chaisson and Sinegal.
Councilmember Gillam returned to the meeting at 1:43 p.m.
C. *Reports And Recommendations
{1)
Report On Police Beat Coordinator Program (Requested By
Councilmember Henderson)
Mayor Pro Tem Henderson and Councilmember Barker commented on the
above-mentioned report.
(2) Report On Hike & Bike
Public Works Director Leslie McMahen presented an overview of the above-mentioned
project.
Assistant Human Resources Director/Interim Parks & Recreation Director Dr. Albert
Thigpen presented additional information regarding the above-mentioned report and
gave the Council recommendations.
(7) Report On Transportation Excellence For The 21st Century
Mr. Stanford Lynch, P.E. of Dean International, Inc., 8080 Park Lane, Dallas, Texas,
presented the above-mentioned report.
(4) Report On Pleasure Island Golf Course (Requested By
Councilmember Hannah)
The above-mentioned report was held for two-weeks.
(s)
Report On Administrative Assistant To The City Manager
Position Proposed Amendment To [nclude Brownfields
Manager Duties
The City Manager presented the above-mentioned report.
(6) Report On September 11, 2002 Activities
The City Manager presented the above-mentioned report.
(3)
Report On Audit Of Port Arthur Economic Development
Corporation Contracts
Finance Director Rebecca Underhill presented the above-mentioned report.
VITI. REPORTS OF BOARDS & COMMII~EES
None
i'X. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meetinq:
(1) Section 551.071 Government Code - To Discuss With The
City Attorney Pending And Prospective Litigation With
Entergy And Franchise Fee Payments.
(2) Section S51.071 Government Code - To Discuss With The
City Attorney Prospective Litigation As It Pertains To
Ambulances.
(3) Section S51.071 Government Code - To Discuss With The
City Attorney Prospective And Pending Litigation As It
Pertains To Discount Roofing.
(4) Section SS1.071 Government Code - To Discuss With The
City Attorney Prospective Litigation As Tt Pertains To Elite
Construction And Coastal Banc.
(S) Section SS1.071 Government Code - To Discuss With The
City Attorney Pending Litigation With Fontenot/Draper.
(6) Section SS1.087 Government Code To Discuss Or
Deliberate Regarding The Offer Of A Financial Or Other
Incentive To Industrial, Commercial, Retail Or Residential
Business Prospects That Seek To Locate Or Stay lin Or Near
The Territory Of The City.
The City Council recessed their meeting at 2:41 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 3:48 p.m. with
the following members present: Mayor Pro Tem Henderson; Councilmembers Barker,
Gillam, Bowers, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green
and City Attorney Sokolow.
Mayor Ortiz left the meeting.
Councilmember Linden left the meeting.
Councilmember Hannah left the meeting.
After the Cib/ Council reconvened in Open Session, Councilmember Bowers made a
motion and Councilmember Gillam seconded the motion to have the City Attorney notify
Coastal Banc and Elite Construction that if the roof repairs are not commenced within
thirty days, litigation will ensue against the two parties.
The motion carried unanimously.
10
X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Councilmember Gillam:
Updated report on available and projected ambulance fees regarding the
community library and the possibility of increasing sites.
Mayor Pro Tem Henderson:
:Information regarding funds expended in the acquisition of West Side property.
Current year costs incurred housing Jefferson County prisoners and possible rate
increases.
XI'. AD3OURNMENT OF MEETI'NG
Upon the motion of Councilmember Gillam, seconded by C~)uncilmember Sinegal
and carried unanimously, the City Council adjourned their meeting at 4:07 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.
A~E~:
MAYOR
cl-rY SECRETARY
END OF REGULAR MEETING HELD September 17, 2002. APPROVED:
11