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HomeMy WebLinkAboutNOVEMBER 12, 2002REGULAR MEETING - November 12, 2002 I. ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, November 12, 2002 at 8:30 a.m. in the City Council Chamber, City Hall with the following members present: Mayor Oscar G. Ortiz; Mayor Pro Tem Tom Henderson; Councilmembers Felix A. Barker, Robert A. Bowers, Rose M. Chaisson and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline Green and City Attorney Mark T. Sokolow. Councilmember Craig Hannah arrived at the meeting at 8:35 a.m. The invocation was given by Mayor Pro Tern Henderson followed by the pledge to the flag. II. PROCLAMATIONS & MINUTES Minutes - Regular Meeting October 29, 2002 Upon the motion of Councilmember Bowers, seconded by Mayor Pro Tern Henderson, and carried unanimously, the City Council approved the above-mentioned Minutes. III. PETITIONS &COMMUNICATIONS A. Presentation Student Essays Commemorating September 11, 2001 (Requested By Councilmember Linden) NOT PRESENT B. Sneakers (1) Monroe Johnson Regarding Fire Department Regulations For Used Tires Mr. Monroe Johnson, Payless Tire Service, 849 Gulfway Drive, addressed the City Council regarding the above-mentioned topic. Fire Chief Steve Curran appeared before the Council and gave an overview of the used tire ordinance and discussed compliance issues. Fire Marshall Mark Mulliner also appeared before the Council regarding fire inspection procedures of used tire facilities. (2) Patricia Garza-Bowlen Regarding Community Leadership Development Project--Local Government Training Ms. Patricia Garza-Bowlen of Spindletop MHMR, 3419 57th Street, appeared before the Council and spoke on the above-mentioned topic. She requested to conduct a workshop at City Hall at 9:00 a.m. Saturday, December 7, 2002, and invited the Council and City Staff to participate. (3) Rocky Bridges, Port Arthur Police Association Representative, Regarding The Change Of Supplemental Insurance From AFLAC To Colonial Mr. Rocky Bridges, P. O. Box 361, Port Arthur, Texas, appeared before the City Council to address concerns regarding the above-mentioned topic. Human Resources Director Harvey Robinson appeared before the Council and discussed insurance options considered and steps taken to make decisions prior to implementing the change of carriers. Mr. Mickey Moshire, Insurance Consultant for the City of Port Arthur, appeared before the City Council and presented comparative background information on insurance companies under consideration as supplemental carriers and explained the variables. Mr. Kent Batman, 2427 Clear Lake Rd, Kountze, Texas, and Mr. Robert Martin, 7936 Goldstar, Lumberton, Texas, Colonial Representatives, appeared before the City Council and discussed benefits offered under the Colonial Supplemental Insurance Plan. Finance Director Rebecca Underhill appeared before the City Council to respond to inquiries and stated that as of September, 250 City employees participate in the supplemental insurance program. C, Corresoondence None TV. PUBLIC HEARZNGS - 9:00AM Receive Public Comment On A Request By Samedan Oil Corporation For A Permit To Conduct Drilling Operations Tn An Area In East Port Arthur Near The Southwest Corner Of Highway 347 And 60th Street. The Mayor introduced the above-mentioned Public Hearing. Planning Director Dale Watson appeared before the Council and presented an overview of the proposed area and operation of the drilling project. Mr. ]ames Fenner, Samedan Oil Representative, appeared before the City Council and discussed the plan of operation for the above-described Public Hearing. The Mayor requested to hear from anyone present in the audience who wished to speak on the proposed drilling project. No one appeared. Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Bowers, and carried unanimously, the City Council closed the Public Hearing at 9:30 a.m. V. UNFINISHED BUSINESS P R. No. 11971 - A Resolution Authorizing A Lease Agreement Of The Premises At Lots Numbered Twenty-One, Twenty-Two, Twenty-Three And Twenty-Four (21, 22, 23 & 24), In Block Number One Hundred Thirty-Three (133) Of The City Of Port Arthur, 3efferson County, Texas Between The City Of Port Arthur And Mardi Gras Of Southeast Texas, Inc. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Bowers, seconded by Mayor Pro Tem Henderson, and carried unanimously, Proposed Resolution No. 11971 was tabled. 2 CONSENT AGENDA Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Bowers, and carried unanimously, the following Consent Agenda items were adopted with the exception of Proposed Resolution No. 11981: Consideration And Approval Of Awarding A Bid For The Purchase Of Two New Servers To (~ A Systems Znc., Of Austin, Texas Tn The Amount Of $13,458 For The Police Department. Consideration And Approval Of Payment For Emergency Repairs To Raw Water Pump 102 To Triangle Rotating Equipment Specialists Of Orange, Texas Tn The Amount Of $6,630 For The Water Treatment Plant. Consideration And Approval Of Awarding A Bid For The Purchase Of One 30,000 Lb. Class Hydraulic Excavator To Four Seasons Equipment, Tnc., Of Houston, Texas Tn The Amount Of $83,394 For The Utility Operations Department (Wastewater Conveyance Division). D. Anoroval Of Exnense Accounts: Mayor Oscar G. Ortiz: Use Of Personal Auto On City Business, October, 2002 $ 175.19 Mayor Pro Tem Henderson: Use Of Personal Auto On City Business, September - October, 2002 $ 175.20 Councilmember Craig Hannah: Attend TML Conference, Fort Worth, Texas, October 15-18, 2002 $1,462.16 Councilmember Felix Barker: Use Of Personal Auto On City Business, October, 2002 98.14 City Attorney Mark T. Sokolow: Attend "Business Organizations Course'; Houston, Texas, October 24-25, 2002 $ 326.75 Assistant City Secretary Terri Hanks: Attend OmniBase Training, Austin, Texas, October 24-25, 2002 $ 303.00 Resolutions - Consent (2) P.R. No. 11992 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. Proposed Resolution No. 11992 was adopted becoming Resolution No. 02-332. (3) P. R. No. 11993 - A Resolution Approving Two (2) Letters Of Proposal From T&N Laboratories, inc. For Providing Methane Gas Monitoring Services And Groundwater Monitoring Services At The City's Sanitary Landfill, MSW Permit No. 1815, Tn The City Of Port Arthur, Texas, Tn The Amount Of $21,140. Funds Are Available Tn Account No. 403-1274-533.54-00 Tn The Public Works-Solid Waste Division FY 2003 Budget. Proposed Resolution No. 11993 was adopted becoming Resolution No. 02-333. (4) P. R. No. 11994 - A Resolution Cancelling And Rescheduling The December 24, 2002 Council I*leeting. (Requested By The City Manager) Proposed Resolution No. 11994 was adopted becoming Resolution No. 02-334, Cs) P. R. No. 11995 - A Resolution Cancelling And Rescheduling The February 4, 2003 Council Meeting. (Requested By The City Manager) Proposed Resolution No. 11995 was adopted becoming Resolution No. 02-335. (6) P.R. No. 11989 - A Resolution Authorizing The City Manager To Execute One (1) Contract Between Lamar State College Port Arthur (LSCPA) And The City Of Port Arthur For The Use Of City's Baseball Field At Martin Field From January 2003 Through June 2003. Proposed Resolution No. 11989 was adopted becoming Resolution No. 02-336. VT]I. TTEMS REQUTRTNG TND]IVTDUAL ACTTON - CONSENT Consent - Resolutions (1) P. R. No. 11981 - A Resolution Authorizing Extension Of The Existing Contract With ATC/VANCOM For Management Of The Port Arthur Transit System And Equipment Services Department Until October 1, 2003. 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. 11981 be adopted. Planning Director Dale Watson appeared before the Council and explained the bidding process for the above-mentioned contract. Transit Director Tom Kestranek appeared before the Council to answer questions from the Council. Proposed Resolution No. 11981 was adopted becoming Resolution No. 02-337. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Bowers, Chaisson and $inegal. Voting No: None. 4 The caption of Resolution No. 02-337 reads as follows: RESOLUTION NO. 02-337 A RESOLUTION AUTHORIZING EXTENSION OF THE EXtSTING CONTRACT WI'tH ATC/VANCOM FOR MANAGEMENT OF THE PORT ARTHUR TRANSIT SYSTEM AND EQUIPMENT SERVICES DEPARTMENT UNTIL OCTOBER 1, 2003. VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No. 11987 - A Resolution Appointing Members To The Newly Created Port Arthur Youth Council. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Henderson and seconded by Councilmember Bowers that Proposed Resolution No. 11987 be adopted. Mayor Pro Tern Henderson nominated the following youth/young adults to serve on the Port Arthur Youth Council: T. 3. Henderson Matt Kimball Kaley Spell 4435 Forest Drive 2310 Oaklawn 6224 16th Street Port Arthur, Texas Port Arthur, Texas Port Arthur, Texas 985-9225 982-4532 962-2978 Councilmember Chaisson nominated the following youth/young adults to serve on the Port Arthur Youth Council: Evan Gauthia Breona King Ashton Moses 745 Dunbar Ave. Port Arthur, Texas 445 H.O. Mills Blvd. Port Arthur, Texas 217 Live Oak Lane Port Arthur, Texas 982-1026 985-8414 982-3481 Councilmember Sinegal nominated the following youth/young adults to serve on the Port Arthur Youth Council: Charles Wiltz, 3r. 1629 13th Street Charles B. W. Prince 2645 33rd Street Port Arthur, Texas 982-9266 PoR Arthur, Texas 985-3~ Proposed Resolution No. 11987 was adopted with the above-mentioned appointees becoming Resolution No. 02-338. Voting Yes: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 02-338 reads as follows: RESOLUTION NO. 02-338 A RESOLUTION APPOINTING MEMBERS TO THE NEWLY CREATED PORT ARTHUR YOUTH COUNCIL. (2) P, R. No. :~:~996 - A Resolution Appointing Members To The Construction Board Of Adjustments And Appeals. 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. 11996 be adopted. Community Services Director Lawrence Baker appeared before the Council and presented his recommendations. One alternate will need to be appointed at a future Council meeting to replace Mr. Gary Byrd who is unable to serve another term. Community Services Director Baker recommended that the following regular members and one alternate member be reappointed to the Construction Board of Adjustments and Appeals: Position 1 Mary Buchanan 2849 4t~ Street Port Arthur, Texas 982-4950 Position 2 Louis May 3369 63rd Street Port Arthur, Texas 736-2660 Position 3 Carl Bush 4249 Vassar Port Arthur, Texas 962-4897 Position 4 Jerome Brooks 420 Welford Port Arthur, Texas 982-4565 Position 5 Leslie Bonin 2931 59th Street Port Arthur, Texas 736-3588 ALTERNATE Position 1 Robert Sidney 6005 16th Street Port Arthur, Texas 962-3058 Proposed Resolution No. 11996 was adopted becoming Resolution No. 02-339. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 02-339 reads as follows: RESOLUTION N0.02-339 A RESOLUTION APPOINTING MEMBERS TO THE CONSTRUCTION BOARD OF AD3USTMENTS AND APPEALS. B. Ordinances P. O. No. 5300 - Changing Ordinances, tn Their Entirety~ Paragraph (B) (7) (E) [n Section 110-6:L Of Division 2 (Connections) Of Article I! (Water) And Paragraph (5) (E) In Section 110-168 Of Division 2 (Connections) Of Article III (Sewer) Of The Code Of Ordinances, City Of Port Arthur; Said Chanoes Reoeal All Ordinances And Parts Of City Manager Fitzgibbons presented an overview of the above-described Proposed Ordinance. Proposed Ordinance No. 5300 was adopted becoming Ordinance No. 02-58. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Ordinance No. 02-58 reads as follows: ORDZNANCE NO. 02-58 CHANGTNG ORDTNANCES, TN THEZR ENTTRETY, PARAGRAPH (B) (7) (E) TN SECTTON 110-61 OF DTVTSTON 2 (CONNECTTONS) OF ARTTCLE TT (WATER) AND PARAGRAPH (5) (E) TN SECTTON 110-168 OF DTVTSTON 2 (CONNECTTONS) OF ARTTCLE zTT (SEWER) OF THE CODE OF ORDlrNANCES, CTTY OF PORT ARTHUR; SATD CHANGES REPEAL ALL ORDTNANCES AND PARTS OF ORDTNANCES TN CONFLTCT HEREWTTH; AND DECLARTNG THE EFFECTTVE DATE HEREOF. (RE(~UESTED BY COUNCZLMEMBER GZLLAM). (2) P. O. No. 5301 - Changing Section 18-35 Building Permit Fees Of The Code Of Ordinances (Relating To Economic Tncentive Program For New Construction). Said Changes Repeal All Or Parts Of Ordinances Tn Conflict Herewith; And Declaring The Effective Date Hereof. The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Bowers, seconded by Mayor Pro Tem Henderson, and carried, Proposed Ordinance No. 5301 was adopted becoming Ordinance No. 02-59. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Ordinance No. 02-59 reads as follows: ORDTNANCE NO. 02-59 CHANGTNG SECTZON 18-35 BUTLDTNG PERMTT FEES OF THE CODE OF ORDZNANCES (RELATTNG TO ECONOMZC TNCENT[VE PROGRAM FOR NEW CONSTRUCTZON). SAZD CHANGES REPEAL ALL OR PARTS OF ORDTNANCES TN CONFLTCT HEREWTTH; AND DECLARTNG THE EFFECTTVE DATE HEREOF. C. *Reoorts And Recommendations (1) September, 2002 Financial Report Finance Director Rebecca Underhill presented the above-mentioned report. (2) Report On November 1, 2002 Youth Conference Zn Austin, Texas (Requested By Councilmember Linden) Mayor Pro Tem Henderson presented the above-mentioned report in Councilmember Linden's absence, (3) (4) (5) Report On Upgrading The Format/Graphics Of The City Of Port Arthur's Government Tnformation Channel (Requested By Councilmember Linden) Report On The Timeframe For Completion Of Street Repairs On Roosevelt Street Tn The El Vista Area And Salisbury Street Tn The Lakeside Park Area (Requested By Councilmember Gillam) Report On The Remediation Or Removal Of The Old Sewage Pump House Between Terrace/Marian Anderson To Eliminate Tllegal Dumping Tn The Area (Requested By Councilmember Gillam) The above-mentioned reports were held for two-weeks. (6) Public Works (7) Report On Scheduling Of The Vactor Suction Trucks For The Maintenance Of Drainage Pipes (Requested By Councilmember Hannah) Director Leslie McMahen presented the above-mentioned report. Report On Alleviating Flooding Problems Tn The City: West lgth Street; 3oe Louis/Kansas Avenue; Beaumont Avenue ~ 17~ Street (Requested By Councilmembers Chaisson, Linden & Gillam) The above-mentioned report was held for two-weeks. (8) Report On City Of Port Arthur Employees & Retirees Picnic To Be Held At Logan's Park On November 16, 2002 Cashier 3udy Arsenault presented the above-mentioned report. (9) Report On Zoning Request Z02-02 (Garcee) Planning Director Dale Watson presented the above-mentioned report, (10) EDC Annual 2002 Report, 2003 Goals And Objectives Economic Development Corporation Executive Director like Mills presented the above-mentioned report. VIII. REPORTS OF BOARDS & COMMITTEES None TX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetino: (1) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation Of Barrabin Vs. Williams And Harrison And Rice Vs. Williams And Harrison. (2) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation Of City Vs. Coastal Banc And Elite Construction. (3) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To Southern Union Gas. (4) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Condemnation Litigation As It Pertains To Spencer Comeaux And Cecilia Singleton. (Lots 1, 2, 3 and 7 Block 1, Schmyger 3) (5) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Condemnation Litigation As It Pertains To Pamela Graham. (Lots 1, 2, and 3 Block 2, Schmyger 3) (6) Section 551.072 Government Code - To Discuss The Value Of Land On The Westside. (7) Section 551.087 Government Code - To Discuss Incentives For Healthcare And Commercial Business Prospects. (8) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation As It Pertains To The Property At 848 Procter Street. The City Council recessed their meeting at 11:04 a.m. to meet in Executive Session to consider the above-mentioned topics and reconvened their meeting at 12:22 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Bowers, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Mayor Ortiz: (1) Requested from the City Attorney a legal opinion regarding a letter received from Service Zone. (2) Requested the City Attorney schedule a .loint EDC/City Council Meeting. Mayor Pro Tem Henderson: Requested an item on the next agenda to reappoint/appoint members to the Housing Finance Corporation. 9 i'X. AD3OURNMENT OF MEET1'NG Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Bowers, and carried unanimously, the City Council adjourned their meeting at 12:27 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 A'I-I'ES-r: CITY SECRETARY END OF REGULAR MEE'I'~NG HELD November 12, 2002 APPROVED: ]0