HomeMy WebLinkAboutJANUARY 21, 2003REGULAR MEETING - .~anuary 21, 2003
ROLL CALL, INVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, .lanuary
21, 2003 at 5:30 p.m. in the City Council Chamber, City Hall, with the following
members present: F4ayor Pro Tem Tom Henderson; Councilmembers Craig Hannah, Felix
A. Barker, Robert A. Bowers and Michael "Shane" Sinegal; City Manager Steve
Fitzgibbons; City Secretary Evangeline Green and City Attorney IVlark T. Sokolow.
The invocation was given by Councilmember Sinegal followed by the pledge to the flag.
II.
PROCLAMATIONS & MINUTES
Minutes - Regular Meeting 3anuary 7, 2003
Consideration And Approval Of Awarding A Bid For The
Purchase Of One 3/4-Ton Pickup Truck With Service Body To
Triangle Chevrolet Of Port Arthur, Texas In The Amount Of
$22,323 For The Public Works Department (Street Division).
Consideration And Approval Of Awarding A Bid For The
Purchase Of One 6-8 Cubic-Yard Dump Truck To Philpott
Motors Of Nederland, Texas In The Amount Of $51,393 For
The Public Works Department (Drainage Division).
Upon the motion of Councilmember Bowers, seconded by Councilmember Barker, and
carried unanimously, the City Council approved the above-mentioned Minutes.
III. PETITIONS &COMMUNICATIONS
A. Speakers
None
B. Correspondence
None
III. PETITIONS &COMMUNICATIONS
A. Soeakers
None
B. Corresoondence
None
V. UNFINISHED BUSINESS
None
VI. CONSENT AGENDA
Upon the motion of Councilmember Bowers, seconded by Councilmember Hannah, and
carried unanimously, the following Consent Agenda items were adopted with the
exception of Proposed Resolutions No. 12054, No. 12032 and No. 12063:
A.
C. Consideration And Approval Of Awarding A Bid For The
Furnishing And Tnstallation Of Two Overhead Rolling Doors
To Overhead Door Company Of Beaumont, Inc., Of
Beaumont, Texas Tn The Amount Of $5,758 For The Utility
Operations Department (Wastewater Treatment Division).
Consideration And Approval Of Payment To Miriam K.
Johnson, Tax Assessor Collector, Tn The Amount Of
$7,060.24 For The 2002 Tax Year Collection Fee.
Consideration And Approval Of Awarding A Bid For The
Purchase Of Fire Department Bunker Coats And Trousers To
Dooley Tackaberry Tnc., Of Houston, Texas Tn The Amount
Of $28,820 For The Fire Department.
Consideration And Approval Of Awarding A Bid For The
Purchase Of A 60 KW Katolight Model SNL60FRT Natural
Gas Generator Set (With A Two-Year Warranty), Automatic
Transfer Switch And Tnstallation From Emergency Power
Service Of Beaumont, Texas Tn The Amount Of $17,947 For
Fire Station #8.
G. Expense Accounts:
Councilmember Robert A. Bowers:
Use Of Personal Auto On City Business,
December, 2002
$ 24.49
Councilmember Tom Gillam, III:
Use Of Personal Auto On City Business,
December, 2002
$ 68.04
Attend National League Of Cities Annual Conference,
Salt Lake City, Utah
December 3 - 6, 2002
$ 1,441.94
City Secretary Evangeline Green:
Attend Texas Municipal Clerks Election Law Seminar,
Austin, Texas
January 7-10, 2003
$ 942.31
Resolutions - Consent
(1)
P. R. No. 12011 - A Resolution Rescinding An Award To
Hauling Of Port Arthur, Texas For f4aterial Hauling Services
And Authorizing The Public Works Department To Re-
Advertise For Bids.
Proposed Resolution No. 12011 was adopted becoming Resolution No. 03-014.
(3)
P. R. No. 12046 - A Resolution Approving The Acceptance
And Execution Of Two Subcontracts To Perform Tobacco
Prevention And Control Activities For A Total Amount Of
$13,900.
Proposed Resolution No. 12046 was adopted becoming Resolution No. 03-015.
City Council Minutes January 21, 2003 2
(4)
P. R. No. 12049 - A Resolution Awarding A Contract To
Coastal Demolition, tn¢., tn The Amount Of $14,900.00, And
Authorizing The Execution Of A Contract For The Demolition
Of Six (6) Dangerous Residential Properties (Group A), To
Be Charged To Account No. 105-1431-552.59-00; Project
No. C28120.
Proposed Resolution No. 12049 was adopted becoming Resolution No, 03-016.
(5)
P. R. No. 12050 - A Resolution Awarding A Contract To
Provost Demolition & Construction tn The Amount Of
$12,500.00, And Authorizing The Execution Of A Contract
For The Demolition Of Four (4) Dangerous Residential
Properties (Group B), To Be Charged To Account No. 105-
1431-552.59-00; Project No. C28120.
Proposed Resolution No. 12050 was adopted becoming Resolution No. 03-017.
(6)
P. R. No. 12051 - A Resolution Awarding A Contract To
Coastal Demolition, tnc., tn The Amount Of $14,700.00, And
Authorizing The Execution Of A Contract For The Demolition
Of Five (5) Dangerous Residential Properties (Group C), To
Be Charged To Account No. 105-1431-552.59-00; Project
No. C28120.
Proposed Resolution No. 12051 was adopted becoming Resolution No. 03-018.
(7)
P. R. No. 12052 - A Resolution Awarding A Contract To
Provost Demolition & Construction tn The Amount Of
$6,795.00, And Authorizing The Execution Of A Contract For
The Demolition Of Six (6) Dangerous Residential Properties
(Group D), To Be Charged To Account No. 105-1431-552.59-
00; Project No. C28120.
Proposed Resolution No. 12052 was adopted becoming Resolution No. 03-019.
(9)
P. R. No. 12058 - A Resolution Authorizing Filing An
Application With The Federal Transit Administration For
Funding For Port Arthur Transit.
Proposed Resolution No. 12058 was adopted becoming Resolution No. 03-020.
(10) P. R. No. 12062 - A Resolution Amending The Agreement
Between The City Of Port Arthur And Carl Parker.
Proposed Resolution No. 12062 was adopted becoming Resolution No. 03-021.
Vtt. iTEMS RE(~UtRtNG ZNDZVtDUAL ACTION - CONSENT AGENDA
(8)
P. R. No. 12054 - A Resolution Authorizing The Mayor And
City Manager To Execute Change Order No. 6 And Final For
An increase Of $7,800 To The Contract Dated November 29,
2001 With SeTEX Construction Corporation Of Beaumont,
Texas For The Rehabilitation Of The Port Arthur Health
Clinic Facility, Authorizing The City Manager To Execute A
Certificate Of Acceptance And Authorize Final Payment tn
The Amount Of $39,259; Funding Being Available tn FY
2003 Account No. 301-1601-591.82-00, CtP 170.
City Council Minutes January 21, 2003 3
Councilmember Rose M. Chaisson arrived at the meeting at 5:35 p.m.
Mayor Pro Tem Henderson introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Bowers and seconded by Councilmember
Barker that Proposed Resolution No. 12054 be adopted.
City Manager Fitzgibbons stated that this is the last change order to the original
contract, and added that issues regarding the roof and abatements are yet being
addressed.
Proposed Resolution No. 12054 was adopted becoming Resolution No. 03-022.
Voting Yes: Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Bowers,
Chaisson and Sinegal.
Voting No: None.
'The caption of Resolution No. 03-022 reads as follows:
RESOLUTION NO. 03-022
A RESOLUTION AUTHORt'Zt'NG THE MAYOR AND
C?TY MANAGER TO EXECUTE CHANGE ORDER
NO. 6 AND F?NAL FOR AN ?NCREASE OF $7,800
TO THE CONTRACT DATED NOVEMBER 29, 2001
WiTH SETEX CONSTRUCT1'ON CORPORATt'ON
OF BEAUMONT, TEXAS FOR THE
REHABI'Lt'TAT1'ON OF THE PORT ARTHUR
HEALTH CLt'Nt'C FACt'LI'TY~ AUTHORt'ZING THE
CtTY MANAGER TO EXECUTE A CERTt'Ft'CATE OF
ACCEPTANCE AND AUTNOR/ZE FI'NAL PAYMENT
I'N THE AMOUNT OF $39~259; FUND1'NG BEI'NG
AVAt'LABLE t'N FY 2003 ACCOUNT NO. 301-
1601-591.82-00, CI'P 170.
(2)
P. R. No. 12032 - A Resolution Approving A Water Line
Easement To The City Of Port Arthur From Richard E.
Doornbos, Et Al, And Authorizing The City Manager To
Execute Such Easement Agreement.
Mayor Pro Tem Henderson introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Bowers and seconded by Councilmember
Barker that Proposed Resolution No. 12032 be adopted.
Utility Operations Director Dan Shepherd appeared before the Council and gave an
overview of the water bond project approved two years ago and explained the location
and purpose of the proposed water line easement.
Proposed Resolution No. 12032 was adopted becoming Resolution No. 03-023.
Vote Yes: Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Bowers,
Chaisson and Sinegal.
Voted No: None.
City Council Minutes January 21, 2003 4
The caption of Resolution No. 03-023 reads as follows:
RESOLUTI'ON NO. 03-023
A Resolution Approving A Water Line Easement
To The City Of Port Arthur From Richard E.
Doornbos, Et Al, And Authorizing The City
Manager To Execute Such Easement Agreement.
Councilmember Tom Gillam arrived at the meeting at 5:50 p.m.
(11) P. R. No. 12063 - A Resolution Approving An Extension Of
The Management Contract With Aquila Golf, ]nc. For
Operation And Maintenance Of Babe Didrickson Zaharias
Memorial Golf Course.
Mayor Pro Tern Henderson introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Bowers and seconded by Councilmember
Barker that Proposed Resolution No. 12063 be adopted.
City Attorney $okolow stated that the contract approves an extension to allow him an
opportunity to review the new contract prepared by the Public Works Department.
Public Works Director Leslie McMahen appeared before the Council and explained the
terms and fees of the extended contract and other relevant information regarding the
golf course project.
Proposed Resolution No. 12063 was adopted becoming Resolution No. 03-024.
Voting Yes: Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam,
Bowers, Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 03-024 reads as follows:
RESOLUTTON NO. 03-024
A RESOLUTION APPROVING AN EXTENSTON OF
THE MANAGEMENT CONTRACT WITH AQU1tLA
GOLF~ TNC. FOR OPERATION AND
MAINTENANCE OF BABE DIDRICKSON
ZAHARIAS MEMORIIAL GOLF COURSE.
V1'1'.ITEMS RE(~UI'RING 1'NDI'Vt'DUAL ACTt*ON - NON-CONSENT
A. Resolutions
(1)
P. R. No. 12055 - A Resolution Approving Additional Funding
For The Compliance Audit Being Performed By Gayle W.
Botley & Associates As Approved By City Council Resolution
02-317.
Mayor Pro Tem Henderson introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Bowers and seconded by Councilmember
Barker that Proposed Resolution No. 12055 be adopted.
City Council Minutes January 21, 2003 5
City Manager Fitzgibbons briefed the City Council on the need for the Proposed
Resolution.
Proposed Resolution No. 12055 was adopted becoming Resolution No. 03-025.
Voting Yes: Mayor Pro Tem Henderson; Councilmember Hannah, Barker, Gillam, Bowers,
Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 03-025 reads as follows:
RESOLUTION NO. 03-025
A RESOLUTION APPROVING ADDITIONAL
FUNDING FOR THE COHPLIANCE AUDIT BEING
PERFORMED BY GAYLE W. BOTLEY &
ASSOCIATES AS APPROVED BY CITY COUNCIL
RESOLUTION 02-317.
(2)
P. R. No. 12057 - A Resolution Confirming The
Reappointment Of Leo Cole As Member Of The Civil Service
Commission Of The City Of Port Arthur For A Term Of Three
(3) Years Ending February 2, 2006.
Mayor Pro Tem Henderson introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Bowers, seconded by Councilmember Sinegal and
carried, Proposed Resolution No. 12057 was adopted becoming Resolution No. 03-026.
Voting Yes: Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam,
Bowers, Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 03-026 reads as follows:
RESOLUTION NO. 03-026
A RESOLUTION CONFIRMING THE
REAPPOINTMENT OF LEO COLE AS MEMBER OF
THE CIVIL SERVICE COMMISSION OF THE CITY
OF PORT ARTHUR FOR A TERM OF THREE (3)
YEARS ENDING FEBRUARY 2, 2006.
(3)
P. R. No. 12061 - A Resolution Appointing Members To The
Port Arthur Youth Advisory Council. (Recommended By
Councilmember Linden)
Mayor Pro Tem Henderson introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Bowers and seconded by Councilmember
Barker that Proposed Resolution No. 12061 be adopted.
City Secretary Green read for the record, the following list of students nominated at the
council meeting, to serve on the Port Arthur Youth Advisory Council:
City Council Minutes January 21, 2003 6
Mayor Ortiz's Nominees
Alexis Washington
Elyssa Washington
Melea Linden
3008 E. 7th Street
3008 E. 7th Street
525 E. 11th Street
Port Arthur, Texas
Port Arthur, Texas
Port Arthur, Texas
Councilmember Bowers' Nominees
.lacori Narcisse
Jalessa McClain
2915 E. 12th Street
2031 Green Ave.
Port Arthur, Texas
Port Arthur, Texas
Councilmember Linden's Nominees
Jeffery Joseph
Anthony OcKimey
Alicia McClain
1226 W. 6th Street
2815 34TM Street
203! Green Ave.
Port Arthur, Texas
Port Arthur, Texas
Port Arthur, Texas
Proposed Resolution No. 12061 was adopted with the above-mentioned names,
becoming Resolution No. 03-027.
Voting Yes: Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam,
Bowers, Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 03-027 reads as follows:
RESOLUTION NO. 03-027
A RESOLUTION APPOINTING MEMBERS TO THE
PORT ARTHUR YOUTH ADVISORY COUNCIL.
(RECOMMENDED BY COUNCILMEMBER L1~NDEN)
Mayor Pro Tem Henderson announced that the Third Annual Youth Advisory Commission
Summit will be held in Killeen, Texas, at the Killeen Civic Center, on March 1 and March
2, 2003.
(4)
P. R. No. :~2065 - A Resolution Canceling And Rescheduling
The February 11, 2003 Council Meeting. (Requested By The
City Manager)
Mayor Pro Tem Henderson introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Barker and seconded by Councilmember
Sinegal that Proposed Resolution No. 12065 be adopted.
City Manager Fitzgibbons discussed the need for the above-described Proposed
Resolution in order to complete the City's compliance audit process. He recommended
canceling the February 11, 2003 meeting and rescheduling it for 8:30 a.m. January 28,
2003.
Voting Yes.' Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam,
Bowers, Chaisson and Sinegal.
Voting No: None.
City Council Minutes January 21, 2003 7
The caption of Resolution No. 03-028 reads as follows:
RESOLUTt'ON NO. 03-028
A RESOLUTION CANCELING AND
RESCHEDULING THE FEBRUARY 11, 2003
COUNCIL MEETING. (REI~UESTED BY THE CITY
MANAGER)
(5)
P. R. No. 12067 - A Resolution Requiring Gayle W. Botley,
CPA'S Independent Auditor For The City Of Port Arthur, To
Provide His Audit Opinion On The Financial Statements For
The Year Ended September 30, 2002 No Later Than 3anuary
28, 2003.
Mayor Pro Tem Henderson introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Bowers and seconded by Councilmember
Barker that Proposed Resolution No. 12067 be adopted.
City Manager Fitzgibbons discussed the 120-day audit requirement and stated that the
auditor needs the assurance that he will have enough time, because of an increase in
the scope of the audit, to render a knowledgeable opinion. The City Manager
recommended disapproval of the Proposed Resolution.
Finance Director Rebecca Underhill appeared before the Council and explained the
120-day law and clarified Council concerns regarding the above-mentioned Proposed
Resolution.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
12067:
Councilmember Barker
Councilmember Bowers
Councilmember Chaisson
Councilmember Gillam
Councilmember Hannah
Mayor Pro Tern Henderson
Councilmember Sinegal
"NO"
"NO"
"NO"
"No"
"NO"
"No"
"No"
The motion to adopt Proposed Resolution No. 12067 failed to carry.
B. Ordinances
None
C. *Reoorts And Recommendations
(1) Update On The Flooding Situation On West gth Street And
Solutions Thereto (Requested By Councilmember Sinegal)
Public Works Director Leslie McMahen presented the above-mentioned report.
City Manager Fitzgibbons added comments regarding the above-described flooding
situation.
City Council Minutes January 21, 2003 8
(2)
Report On 3anuary 25, 2003 3oint Workshop With EDC
Board Regarding Port Arthur Redevelopment Initiative And
Westside Development
The City Manager presented the above-mentioned report. Mr. Henderson and Dr. Toms
will present the workshop in the 5th Floor Conference Room from approximately 9:00
a.m. to 1:00 p.m. on the above-described topic.
(3) Report On 2003 Community Development Block Grant
Applications
Planning/Grants Director Dale Watson presented the above-mentioned report.
Interviews with non-profit applicants are scheduled for Tuesday, Februa~ 25, 2003 at
5:30 p.m.
VIII, REPORTS OF BOARDS & COMMITrEES- None
IV. PUBLIC HEARINGS - 7:00 PM
Consider Request For Abandonment Of The Rights-Of-Way Of 4th
Avenue And 5th Avenue Between Greenwich Street And Broadway
Street In Sabine Pass. (A03-0:L Applicant: Harvey Hudspeth NOTE:
This Is Not A Zoning Change).
Mayor Pro Tem Henderson introduced the above-mentioned Public Hearing at
7:05 p.m.
Planning/Grants Director Dale Watson appeared before the Council and presented
background information on the abandonment of the two rights-of-way and explained the
location on the overhead map. He also discussed the applicant's plans for constructing a
RV Park in the above-described location and said that he'd received no written
objections.
Mr. Harvey Hudspeth, applicant, appeared before the Council and discussed plans for
using the abandoned rights-of-way for the construction of a RV Park that will be
family-oriented. Note: Mr. Hudspeth did not give his address for the record.
Assistant Police Chief Blanton appeared before the Council and stated that there should
be no need for increased police protection in Sabine Pass as a result of the RV Park's
construction.
Mayor Pro Tern Henderson requested to hear from anyone present in the audience who
wished to speak regarding the above-mentioned abandonment. No one came forward.
Upon the motion of Councilmember Bowers, seconded by Councilmember Barker, and
carried unanimously, the City Council closed the Public Hearing at 7:17 p.m.
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meetino:
(1) Section 55:L071 Government Code - To Discuss With The
City Attorney Procedures To Avoid Litigation As It Pertains
To The Incentive Contract Approved Per Resolution No.
~.64 And Ancillary Construction And Employee Issue.
(2) Section SS1.07! Government Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To Southern
Union Gas.
City Council Minutes January 21, 2003
9
(3) Section 551.071 Government Code - To Discuss With The
City Attorney Pending And Prospective Litigation As Tt
Relates To Entergy.
(4) Section 551.071 Government Code - To Discuss With The
City Attorney Pending Or Prospective Matters As Tt Relates
To The Audit Of The City.
(5) Section 551.071 Government Code - To Discuss With The
City Attorney Pending Litigation As Tt Pertains To Kathryn
Pressler.
(6) Section 551.071 Government Code - To Discuss With The
City Attorney Prospective Litigation As Tt Pertains To The
State Marine And Palmer Superfund Sites.
(7) Section 551.087 Government Code - To Discuss Tncentives
For Healthcare, Commercial Business, Retail And Tndustrial
Prospects.
City Attorney Sokolow clarified for the record, the above-described Executive Session
Jtem No. (4) as follows: "It's pending perspective litigation .... The matter we're
referencing is litigation...."
The City Council recessed their meeting at 7:20 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 8:52 p.m.
with the following members present: Mayor Pro Tem Henderson; Councilmembers
Hannah, Barker, Gillam, Bowers, Chaisson and Sinegal; City Manager Fitzgibbons; City
Secretary Green and City Attorney Sokolow.
X. FUTURE AGENDA t'TEMS OR RE(~UESTED REPORTS
Councilmember Gillam:
(1)
(2)
Report on 9th Grade Campus Library Project with the Proposed Extension to
Stephen F. Austin's Library (City Manager)
Report on Energy Competition in Area (City Attorney)
Councilmember Chaisson:
Provide Cost of Using Envelopes to Mail Out Water Bills Compared to the
Current Procedure
Mayor Pro Tern Henderson:
Resolution or Report on the Selection of an Official City Newspaper
The City Manager suggested the following report for the next agenda:
Report on Downtown Redevelopment
TX. ADJOURNMENT OF MEETTNG
Upon the motion of Gillam, seconded by Councilmember Bowers, and carried
unanimously, the City Council adjourned their meeting at 9:00 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
City Council Minutes January 21, 2003 10
A~E~:
CITY SECRETARY
END OF REGULAR MEETING HELD January 21, 2003 APPROVED:
City Council Minutes January 21, 2003 11