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HomeMy WebLinkAboutMARCH 18, 2003REGULAR MEETING - March 18, 2003 T. ROLL CALL~ ZNVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, March 18, 2003 at 5:32 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Mayor Pro Tem Tom Henderson; Councilmembers Craig Hannah, Tom Gillam, iTT., Rev. Ronnie Linden, Robert A. Bowers, Rose M. Chaisson and Michael "Shane' Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline Green and City Attorney Mark T. Sokolow. The invocation was given by Mayor Ortiz followed by the pledge to the flag. 1'I. PROCLAMATTONS & MINUTES Minutes - Regular Meeting March 4, 2003 Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Bowers, and carried unanimously the City Council approved the above-mentioned Minutes. III. PETITIONS & COMMUNICATIONS A. Presentation Port Arthur Youth Advisory Members And A Report On The 3~ Annual Texas YAC Summit In Killeen Youth Advisory Council Coordinator Doris Gill appeared before the Council and gave an overview of the newly formed Youth Advisory Council and their March 1-2, 2003 trip to the 3ra Annual Texas YAC Summit in Killeen, Texas. The following students appeared before the Council and introduced themselves: Jeffrey Joseph, Woodrow Wilson Middle School B.J. Prince, Memorial 9~n Grade Campus Melea Linden, Memorial High School Elyssa Washington, Memorial 9TM Grade Campus Angelica Broussard, Memorial 9th Grade Campus Ellington Ambroise, Memorial High School Evan Gauthia, Woodrow Wilson Middle School Una Gilbert, Memorial 9th Grade Campus Danie Vincent, Woodrow Wilson Middle School Jacori Narcisse, Memorial 9t~ Grade Campus Matt Kimball, Lamar State College Beaumont Kaley Spell, Memorial High School Alexis Washington, Woodrow Wilson Hiddle School Tom Gillam, TV, Woodrow Wilson Middle School Nigel Porter, Woodrow Wilson Middle School Alicia McClain, Memorial High School Kalena Lawrence, Woodrow Wilson Middle School John Kelly, Memorial High School Ashton Moses, Memorial High School Breona King, Memorial High School Anthony OcKimey, Memorial High School Elyssa Washington, Melea Linden, Charles B.W. Prince and Jeffery Joseph appeared before the Council and gave a summary of the 3rd Annual YAC Summit they attended and presented to the Mayor/Council plaques received at the youth summit. VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT C. *Reports And Recommendations (1) Report On Hiring Practices For SABINA Butadiene Plant Construction Mayor Ortiz acknowledged Councilmember Barker's absence due to a death in his family as the reason for him not being present for the presentation of the above-mentioned report that he'd requested. Mr. Mark Viator, Manager of Human Resources BASF, requested that his report be held until a problem with technical difficulties regarding his power point presentation could be resolved. III. PETITIONS lb COMMUNICATIONS B. Speakers (1) Alfred Dominic Regarding Jobs Needed For The Increase In The Economy - Part II Mr. Alfred Dominic, 145 West 15th Street, appeared before the Council and continued his remarks regarding the unemployment situation in Port Arthur. (2) Mike West Regarding Gold Star EMS Mr. Fred Wilkinson, 4139 Gulfway, Communications Director Gold Star EMS, appeared before the Council and stated that Mr. West had to report for emergency duty and requested that he represent the company in his place. Mr. Wilkinson gave a brief outline of the Paramedic Educational Program offered in conjunction with Lamar Port Arthur, the Critical Care Transport Paramedic Certification Program and the Scholarship Program for graduating High School students provided by Gold Star. He further stated that Gold Star EMS would be presenting regular updates to the Council regarding their training and involvement with the community. Councilmember Linden requested Gold Star EMS provide Council with a report regarding their EDC funding--inclusive of its usage and the company's adherence to the timeline requirements. VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT C. *Reoorts And Recommendations (1) Report On Hiring Practices For SABINA Butadiene Plant Construction Mr. Mark Viator, 717 Herbert Woods Drive, Port Neches, Texas, Human Resources/Community Affairs Manager, appeared before the City Council and presented the above-mentioned report. The following individuals also appeared before the City Council in support of the report and to comment on the hiring practices and operation of the company: Mr. Rudi Schnur, 3835 Bay Hill Circle, Beaumont, Texas, Vice-President Petrochemicals Mr. Marshal Williams, 9180 Mockingbird Lane, Beaumont, Texas, Security Supervisor BASF City Council Minutes March 18, 2003 2 Mr. Gregory Lee, 3930 Wentworth, Port Arthur, Texas, Production Technician BASF Ms. Shiela Barns, 3931 Wentworth, Port Arthur, Texas, Production Team Leader BASF Mr. Ron Barksdale, 2055 Savannah Trace, Beaumont, Texas, Operations Director and Sight Manager BASF Mr. Robert Ackerman, 7801 Springmeadow, Port Arthur, Texas, Maintenance Technician BASF Ms. Pat Avery, 333 Pinchback, Beaumont, Texas, Administrative Manager ATOFTNA Petrochemical Mr. John Bernard, President/CEO and Ms. Kimberly Walston, Director of Education of Associated Builders and Contractors of Southeast Texas, 2100 Angelle, Nederland, Texas, appeared before the Council and presented scholarships donated by BASF to the following recipients in the amount of thirty-thousand dollars: Mr. Dale Arcement, 4630 Evergreen, Port Arthur, Texas Mr. Arthur Brandon, 3639 Catalina Court, Port Arthur, Texas Mr. Raphel Goveda, 1524 14th Street, Port Arthur, Texas The following union representatives appeared before the Council to voice their concerns regarding the hiring practices of BASF: Mr. Clay Hureford, 1829 N. Tram Rd., Vidor, Texas, Business Manager, Boiler Makers Local 587 Mr. Anthony Volentine, 3208 Avenue A, Nederland, Texas, Business Manager, Pipe Fitters Local 195 Mr. Robert Trunckle, 2130 Birch, Port Acres, Texas, Assistant Business Manager, Electricians' Local Mr. Jerry Wayne Pillsbury, 1103 Mitzi Street, Vidor, Texas, Organizer, Pipe Fitters Local 195 The City Council recessed their meeting at 8:10 p.m. and reconvened at 8:34 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Gillam, Bowers, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. III. PETITIONS&COMMUNICATIONS C. Correspondence Certificate Of Appointment And Re-Appointments To The Port Arthur Housing Authority Mayor Ortiz presented a Certificate of Appointment to the Port Arthur Housing Authority to Mrs. Sharon Adams, 2148 MLK Drive, Port Arthur, Texas. IV, PUBLIC HEARINGS - 7:00PH None V. UNFINISHED BUSINESS City Council Minutes March 18. 2003 3 None Councilmember Gillam left the meeting and returned after Consent Agenda Item Proposed Resolution No. 12111 was adopted. Vlr. CONSENT AGENDA Upon the motion of Councilmember Bowers, seconded by Councilmember Chaisson, and carried unanimous y, the following Consent Agenda items were adopted with the exception of Proposed Resolution No. 12115: Consideration And Approval To Reject The Bid Received For Planing And/Or Texturing Of Pavement And Authorization To Re-Advertise. (Public Works Department Street Division) Consideration And Approval Of Awarding A Bid For Repairs To And Certification Of The Fire-Fighting Standpipe System Located In City Hall To Coastal Sprinkler Co. Inc., Of Winnie, Texas In The Amount Of $6,:[11. Consideration And Approval Of Awarding A Bid For The Purchase Of Forty-Three New Commercial Collection Containers To Fuqua Enterprises, Znc., Of Cleburne, TX In The Amount Of $19,511. Consideration And Approval Of Awarding A Bid For The Purchase Of Fifteen Protect Rapid Response Model 1820 Tactical Body Armor Vests To GT Distributors Of Austin, TX In The Amount Of $18,114 For The Police Department. Consideration And Approval Of Awarding A Bid For Leachate Hauling From The City's Landfill To American Waste Services, Ltd., Of Port Arthur, Texas For The Unit Price Of $53.00 Per Hour With A Two Hour Minimum Charge. (Public Works Department - Solid Waste Division) Fm Consideration And Approval To Reject All Bids For One Self- Propelled Chi p Spreader And Authorization To Re-Advertise. (Public Works Department - Street Division) G, Exoense Accounts: Mayor Oscar G. Ortiz: Use Of Personal Auto On City Business: Inside City Limits, February, 2003 Outside City Limits, February, 2003 $100.00 $ 39.60 Councilmember Thomas 3. Henderson: Use Of Personal Auto On City Business, 3anuary & February, 2003 $160.56 Councilmember Bob Bowers: Use Of Personal Auto On City Business, February, 2003 $ 43.12 Councilmember Felix A. Barker: Use Of Personal Auto On City Business, February, 2003 $100.00 City Council Minutes March 18.2003 4 Councilmember Craig Hannah: Attend Port Arthur Day In Austin, February 1-3, 2003 $680.09 Resolutions - Consent (1) P. R. No. 12111 - A Resolution Authorizing The Second Year Of The Existing 3anitorial Services Contract For The Port Arthur Police Department And Municipal Court Building, Approved On March 5, 2002 With Sandra's Enterprises, Inc., DBA Professional Maid Service In The Amount Of $24,600 And Charged To Account Number 001-1101-521.32-00. Proposed Resolution No. 12111 was adopted becoming Resolution No. 03-067. VII. ITEMS REQUIRZNG INDIVIDUAL ACTION - CONSENT Consent- Resolution (2) P. R. No. 12115 - A Resolution Authorizing The Execution Of A Contract Tn The Amount Of $150,000 Between Savannah Housing Corporation And The City Of Port Arthur To Assist Tn Carrying Out The New Construction Program. 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. 12115 be adopted. Planning/Grants Director appeared before the Council to answer inquiries by Mayor Pro Tem Henderson regarding audit procedures applied to various groups/programs that receive funding through the city. Proposed Resolution No. 12115 was adopted becoming Resolution No. 03-068. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Gillam, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-068 reads as follows: RESOLUTION NO. 03-068 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT IN THE AF4OUNT OF $150,000 BETWEEN SAVANNAH HOUSING CORPORATION AND THE CITY OF PORT ARTHUR TO ASSIST IN CARRYING OUT THE NEW CONSTRUCTION PROGRAPl. VII. I"TEbIS RE(~UIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No. 12110 - A Resolution Approving Additional Funding For The Compliance Audit Being Performed By Gayle W. Botley IA Associates As Approved By City Council Resolution 2-317. City Council Minutes March 18. 2003 5 The Hayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Bowers and seconded by Nayor Pro Tern Henderson that Proposed Resolution No. 12110 be adopted. The City Hanager commented on the independent auditing process. Finance Director Rebecca Underhill appeared before the Council and gave a synopsis of the original contract and the rationale for additional funding. Proposed Resolution No. 12110 was adopted becoming Resolution No. 03-069. Voting Yes: Hayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Gillam, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-069 reads as follows: RESOLUTTON NO. 03-069 A RESOLUTION APPROVING ADDITIONAL FUNDING FOR THE COMPLIANCE AUDIT BEING PERFORMED BY GAYLE W. BOTLEY & ASSOCIATES AS APPROVED BY CiTY COUNCIL RESOLUTION 02-317. (3) P. R. 12113 - A Resolution Appointing/Reappointing Members To The Port Arthur Civic And Activity Commission And Prescribing Their Terms Of Office. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Bowers and seconded by Hayor Pro Tem Henderson that Proposed Resolution No. 12113 be adopted. The City Secretan/ read into the record the following appointment/re-appointments to the Port Arthur Civic and Activity Commission: Ms. Shannon Hansen, 2901 Las Palmas, Port Arthur, Texas Mrs. Katherine Fours, 2607 Rosedale, Port Arthur, Texas Mr. Gerald Buchanan, 2849 4th Street, Port Arthur, Texas Proposed Resolution No. 12113 was adopted becoming Resolution No. 03-070. Voting Yes: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Gillam, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-070 reads as follows: RESOLUTION NO. 03-070 A RESOLUTI'ON APPOI'NTING/REAPPOTNTI'NG MEMBERS TO THE PORT ARTHUR CI'VI'C AND ACTIVITY COMMISSTON AND PRESCRIBING THEIR TERMS OF OFFICE. City Council Minutes March 18, 2003 6 B. Ordinances P. O. No. 5321 - An Ordinance Appointing Judges, Alternate Judges And Clerks For The General Election To Be Held May 3, 2003. The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Bowers, seconded by Mayor Pro Tem Henderson and carried unanimously Proposed Ordinance No. 5321 was adopted becoming Ordinance No. 03-012. Voting Yes: Hayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Gillam, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Ordinance No. 03-012 reads as follows: ORDINANCE NO. 03-012 AN ORDINANCE APPOINTI'NG JUDGES, ALTERNATE JUDGES AND CLERKS FOR THE GENERAL ELECTION TO BE HELD MAY 3~ 2003. * Reports And Recommendations (2) 2002 Police Department Profiling Report Police Chief _John Tyler presented the above-mentioned report. (3) Discussion Regarding EDC's Request For A Joint Meeting With City Council (Requested By Mayor Pro Tem Henderson) Hayor Ortiz, Mayor Pro Tem Henderson and City Manager Fitzgibbons commented on the above-mentioned report. (4) Report On CDBG Requests Planning/Grants Director Dale Watson presented the above-mentioned report. Public Works Director Leslie IHcMahen appeared before the Council and commented on the use of prior year funds in his program. (5) Report On Eight Acre Nature Reserve On Lake Arthur Drive (Requested By Mayor Pro Tem Henderson) Hayor Pro Tern Henderson and City Hanager Fitzgibbons commented on the above- mentioned report. VIII. REPORTS OF BOARDS & COMMITTEES None City Council Minutes March 18, 2003 7 *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney The Status Of The Audit And Prospective Litigation Pertaining Thereto. (2) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Concerning Af///$ The City. ([3) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Condemnation Of The Trahan Tract. ([4) Section 551.072 Government Code - To Discuss The Value Of Property On The West Side. ([5) Section 551.071 & 551.074 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To EDC Grantees. (6) Section 551.087 Government Code - To Discuss Economic Incentives As It Pertains To Healthcare, Commercial And Industrial Projects. (7) Section 551.071 Government Code - To Discus With The City Attorney Pending Litigation As It Pertains To Kathryn Pressler. (8) Section 551.071 Government Code - To Discuss With The City Attorney The Potential Litigation As It Pertains To Cause No. 96291; Rodney Land, n/ Vs. County Of Jefferson County, Texas, In The County Court At Law No. 1, 3efferson County, Texas. The City Council recessed their meeting at 9:40 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 10:18 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Gillam, Bowers, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT (2) P. R. No. 12112 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Property Located At The West 157 Feet Of Lot 6 And Lot 7, In Block 24, Brice Addition No. I Subdivision (Adjacent To Lincoln Avenue) And To Execute The Closing Documents. 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. 12112 be adopted. City Attorney Sokolow recommended that a motion be made to remove the above- mentioned Proposed Resolution from the agenda. Upon the motion of Mayor Pro Tern Henderson, seconded by Councilmember Bowers and carried, Proposed Resolution No. 12112 was removed from the agenda. City Council Minutes March 18, 2003 8 (4) P. R. No. 12114 - A Resolution Requesting Senator Kyle .lanek And Representative 3oe Deshotel And Representative Allen Ritter, As Well As The Texas Municipal League (TML), Endorse Senate Bill 829 - Legislative Session 78(R), Relating To Local Option Elections For The Sale Of Alcoholic Beverages. (Requested By Mayor OrUz). The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Gillam and carried, Proposed Resolution No. 12114 was adopted becoming Resolution No. 03-071. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Gillam, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-071 reads as follows: RESOLUTTON NO. 03-071 A RESOLUTION REQUESTING SENATOR KYLE 3ANEK AND REPRESENTATIVE 3OE DESHOTEL AND REPRESENTATTVE ALLEN RI1TE~ AS WELL AS THE TEXAS MUNICIPAL LEAGUE (TML), ENDORSE SENATE BILL 829 LEGISLATIVE SESSION 78(R), RELATING TO LOCAL OPTION ELECTIONS FOR THE SALE OF ALCOHOLIC BEVERAGES. (REQUESTED BY MAYOR ORTIZ). X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS None IX. AD3OURNMENT OF MEETING Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Gillam and carried unanimously, the City Council adjourned their meeting at 10:23 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-FEST: C]TY SECRETARY END OF REGULAR MEETING HELD March 18, 2003 APPROVED: City Council Minutes March 18, 2003 9