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HomeMy WebLinkAboutApril 1, 2003REGULAR F4EETZNG - April 1, 2003 [. ROLL CALL, INVOCATTON & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, April 1, 2003 at 8:30 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Linden, Bowers, and Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline Green and City Attorney Mark T. Sokolow. The invocation was given by Councilmember Bowers followed by the pledge to the flag. II. PROCLAMATIONS & MINUTES Mayor Pro Henderson presented the following Proclamations: (1) April 1 - 30, 2003 as ~Sexual Assault Awareness l~lonth" (2) April 12, 2003 as ~Mid & South Count*/Walk America 2003 Day" (3) April 1 - 30, 2003 as "Fair Housing Honth" (4) April 1 - 30, 2003 as "Keep America Beautiful I~lonth' (5) April 4, 2003 as 'Absolutel¥ Incredible Kid Day" Councilmember Chaisson arrived at the meeting at 8:44 a.m. Councilmember Gillam arrived at the meeting at 8:47 a.m. t4inutes - Regular t4eeting t4arch 18, 2003 Upon the motion of Councilmember Bowers, seconded by Councilmember Barker, and carried unanimously, the City Council approved the above-mentioned minutes. Special Meeting March 25, 2003 Upon the motion of Councilmember Barker, seconded by Councilmember Sinegal, and carried unanimously, the City Council approved the above-mentioned minutes. PETtTIONS &COF4F4UNICATIONS A. Presentation Presentation Of 2002 Employee Service Awards Human Resource Assistant Director Dr. Albert Thigpen presented service awards to the following Councilmembers and city employees: HAYOR/COUNCIL Councilmember Gillam 5 yrs. Mayor Pro Tern Henderson 5 yrs. Councilmember Linden 5 yrs. Mayor Oscar G. Ortiz 5 yrs. Councilmember Chaisson 15 yrs. Councilmember Bowers 40 yrs. POLZCE DEPARf-tENT Rodney Balsamo 20 yrs. Allen Bridges 20 yrs. Deputy Chief Raymond Clark 25 yrs. [leana McPhillips 25 yrs. Dennis Odom, Jr. 25 yrs. ENGtNEER~'NG David Barabin 20 yrs. WATER ADMt'NTSTRATt'ON & Dt'STRt'BUTZON Kelly Eldridge Joe Palmer John .1. Esqueda Kathleen Phillips Daniel Shepherd Patrick Jones LIBRARY 20 yrs. 20 yrs. 25 yrs. 25 yrs. 25 yrs. 30 yrs. Doris Farris 20 yrs. Arlene Firmin 30 yrs. ELECTRZCAL Michael Flores 20 yrs. HUMAN RESOURCES Lana Guidry 20 yrs. Harvey Robinson 30 yrs. PARKS & RECREATZON .lohn Hagen 20 yrs. Dorothy Barabin 25 yrs. EOUIPMENT SERVICES Raymond Holmes HEALTH 20 yrs. Agnes Lewis 20 yrs. Laura Tatum 20 yrs. FIRE Michael Perez Rose Allen Clifford Burke Wayne Countryman Nell David Mark Mulliner Thomas Murphy Patrick Murphy Chester Navarre Clifford Barbay 20 yrs. 25 yrs. 25 yrs. 25 yrs. 25 yrs. 25 yrs. 25 yrs. 30 yrs. 30 yrs. 40 yrs. Wastewater Treatment & Conveyance Ray Todora Alton Sonnier 20 yrs. 30 yrs. Public Works Administration. Solid Waste & Streets .lo Ann Vasquez 20 yrs Sherold Alpough 25 yrs. Pauline Davis 25 yrs. Albert Sutton 25 yrs. Macklin Miller 30 yrs. TRANSIT Bradford Coleman, .lr. 25 yrs. Robert Heaslet 25 yrs. Rickard Perreau 25 yrs. ENVt'RONMENTAL HEALTH Patricia Hebert 25 yrs. PLANNI'NG Dale Watson 25 yrs. IV. PUBLIC HEARINGS - 9:00AM Receive Public Comment On A Request By Nobel Energy, Inc., For A Permit To Conduct Drilling Operations On Lot 5, Block 13~ Range "P", Located Approximately 700 Feet West Of Garnet Avenue And 325 Feet North Of 64m Street. Planning/Grants Director Dale Watson appeared before the Council and presented an overview of the proposed permit and explained the location of the drilling site - West of Garnet Avenue. Mr..1ames Fenner, 4840 Ward Drive, Representative of Nobel Energy, appeared before Council to answer inquiries regarding the proposed drilling permit and processing of that site. Mr. Larry Tomplait, 2657 64th Street, appeared before the Council in support of the proposed permit. Councilmember Hannah left the meeting due to a business-related emergency. Upon the motion of Councilmember Gillam, seconded by Councilmember Barker and carried unanimously, the City Council closed the Public Hearing at 9:28 a.m. City Council Minutes April 1, 2003 2 VI1'. ITEMS REQUrRt'NG t'NDtVt'DUAL ACT[ON - NON-CONSENT C. *Reports And Recommendations (7) Report On Collaborative Employment Efforts With The City And The Texas Workforce Commission The following people appeared before Council to present the above-mentioned report: Mr. Ira McNeil, 2109 Cashmere, Southeast Texas Power Zones Center for Youth Development Human Resource Assistant Director Dr. Albert Thigpen Former Councilmember Willie Lewis, 2301 Lakeshore Drive Acting Prosecution Program Manager Wanda Gant Fire Chief Steve Curran (3) Report On Status Of Shrimpfest 2003 Event Mrs. Verna Rutherford, 8138 Heatherbrook, President Port Arthur Chamber of Commerce appeared before the Council to present the above-mentioned report. (8) Discussion Regarding Possible Event To Support The Men And Women Of Our Armed Forces And To Recognize The Sacrifi.c.e Made By Their Loved Ones (Requested By Councllmember Linden) Mrs. Verna Rutherford, 8138 Heatherbrook, President Port Arthur Chamber of Commerce, also commented on the plan for a city wide day of recognition for the Armed Service's men and women in the Middle East. Councilmember Linden suggested the tribute be called "Day of Encouragement" to be held at the Civic Center with the proposed date of April 10, 2003 and that a memory wall, "Wall of Encouragement" be included in those plans. PETITIONS & COMMUNTCATTONS - (CONTINUED) B. Soeakers (1) Alfred Dominic Regarding Jobs Needed For The Increase In The Economy - Conclusion Mr. Alfred Dominic, 145 West 15th Street, appeared before the Council and concluded his remarks regarding the economic state of the city. (2) Cathy Sharjari Regarding Texas Careers Mrs. Cathy Sharijari, 820 21st Street, Beaumont, Texas, Career Services Director Texas Careers appeared before the Council to give a brief overview of the educational training and job placement programs offered in this area. Ms. Treacle Hernandez, 877 Ridgewood Drive, Port Neches, Texas, Externship Coordinator Texas Careers, appeared before the Council and gave an overview of the required Externship Program that mandates trainees fill a certain amount of hours with on the job training. Ms. Alaina Jules, 3890 S. 5th Street, Beaumont, Texas, Career Services Coordinator, appeared before the Council to further explain the career services that can be utilized by students as well as business throughout the community. City Council Minutes April 1, 2003 3 (3) Pat Washington-Hebert Regarding Joe Washington Jr. Football Camp Mrs. Pat Washington--Hebert, 355 Bradford, Beaumont, Texas, and Human Resource Assistant Director Dr. Albert Thigpen appeared before the Council to comment on and announce the upcoming football camp. (4) Winnie Burkette Regarding Lake Arthur Drive Nature Preserve (Sanctuary) - NOT PRESENT (5) Albert Thigpen, Ernestine Wade, RN, Janet Hamilton, RN, LSCPA And Christian Smith Regarding The 6th Annual Health And Wellness Conference And Springfest 2003 Human Resource Assistant Director Dr. Albert Thigpen and Health Director Ernestine Wade appeared before the Council and gave an overview of Health and Wellness Conference and Springfest 2003 programs. (6) Zrving Escagne Regarding Concerns Of The City And The Port Arthur Section 4A Economic Development Corporation--NOT PRESENT C, Corresuondence None VZZ. ITEMS RE(~UIRZNG INDIVIDUAL ACTION - (CONTTNUED) C. *Reoorts And Recommnedations (8) Discussion Regarding Possible Event To Support The Men And Women Of Our Armed Forces And To Recognize The Sacrifice Made By Their Loved Ones (Requested By Councilmember Linden) Mrs. ]ulia Samuels, 1725 E. 14th Street, at the request of Councilmember Linden appeared before the Council and gave an overview of the Red Ribbon Campaign she is establishing throughout the city. The City Council recessed their meeting at 10:28 a.m. and reconvened at 10:40 a.m. with the following members present: Mayor Pro Tem Henderson; Councilmembers Barker, Gillam, Linden, Bowers and Chaisson; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. Councilmember Sinegal returned at 10:43 a.m. Councilmember Hannah returned at 10:47 a.m. V. UNFINTSHED BUSTNESS None VII. ITEMS RE(~UIR~NG INDIVIDUAL ACTION - (CONTINUED) A. Resolutions (5) P.R. No. 12129 - A Resolution Authorizing A Memorandum Of Understanding With The Port Arthur Industrial And Community Leaders Advisory Group. City Council Minutes April I, 2003 Mayor Pro Tern Henderson introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Linden and seconded by Councilmember Bowers that Proposed Resolution No. 12129 be adopted. Mrs. Sue Parsley, Community Relations Motiva Enterprises, appeared before the Council and explained the Summer Work Program for students to work within the City of Port Arthur, to be sponsored by Port Arthur Industrial and Community Leaders Advisory Group. Proposed Resolution No. 12129 was adopted becoming Resolution No. 03-072. Voting Yes: Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and S!negal. Voting No: None. The caption of Resolution No. 03-072 reads as follows: RESOLUT]'ON NO. 03-072 A RESOLUTTON AUTHORTZING A MEMORANDUM OF UNDERSTANDTNG WTTH THE PORT ARTHUR TNDUSTRTAL AND COMMUNTTY LEADERS ADVTSORY GROUP. VT. CONSENT AGENDA Upon the motion of Councilmember Linden, seconded by Councilmember Bowers, and carried unanimously, the following Consent Agenda items were adopted with the exception of Proposed Resolution No. 12116: Am Consideration And Approval Of Payment Tn The Amount Of $7,500 To The Greater Port Arthur Chamber Of Commerce For The City's Share Of The 2003 Community Calendars. Bm Consideration And Approval Of Awarding Unit Cost Bids For Water Treatment Chemicals, When Required, Tn The Estimated Amount Of $245,861.50 To The Following Vendors: Altivia (Houston, TX); Carus Chemical Company (Peru, IL) KC Tndustries (Houston, TX) & Therchem Corp. (New Tberia, LA) For The Utility Operations Department (Water Purification And Wastewater Treatment Divisions). Consideration And Approval Of Awarding A Bid For The Purchase Of Fourteen High-Pressure 4500 PST Self- Contained Breathing Apparatus (SCBA), Fourteen Spare Bottles And Fourteen Mounting Brackets To Fire Source Of Madisonville, TX Tn The Amount Of $65,632.84 For The Fire Department. D. Exoense Accounts: All Expenses Tncurred At TXDOT Presentation In Austin, Texas Attended By Mayor Oscar G. Ortiz, Mayor Pro Tem Henderson, Councilmember Bob Bowers, City Manager Steve Fitzgibbons And Public Works Director Leslie McMahen: February 26-27, 2003 City Council Minutes April 1, 2003 855.04 5 Councilmember Tom Gillam, Ill.: Use Of Personal Auto On City Business, January & February, 2003 $ 160.56 Municipal Court 3udge Kermit Morrison: Attend Judges' Seminar In Houston, Texas February 20-21, 2003 $ 119.16 Resolutions - Consent (2) P. R. No. 12119 A Resolution Approving Sewer Adjustments To Certain Utility Accounts. Proposed Resolution No. 12119 was adopted becoming Resolution No. 03-073. (3) P. R. No. 12121 - A Resolution Authorizing The City Manager To Execute A Contract With Alpha-Lee Enterprises, Inc., Regarding The July 4, 2003 Fireworks Display. Total Cost Of The Contract Is $14,800 With The City's Contribution Being $7,400 Account No. 001-1003-512.59-00; M99901. (Requested By City Manager) Proposed Resolution No. 12121 was adopted becoming Resolution No. 03-074. (4) P. R. No. 12128 - A Resolution Authorizing The Purchase Of Flood Coverage Through Omaha Property And Casualty Insurance Company In The Amount Of $40,131 Per Annum. Proposed Funding By: General Liability Insurance Fund: 612-1702-581.52-00. Proposed Resolution No. 12128 was adopted becoming Resolution No. 03-075. VII. ITEMS RE(~UIR/NG INDIVIDUAL ACTION - NON-CONSENT Consent- Resolution (1) P. R. No. 12116 - A Resolution Accepting The Automatic Increase In Access Line Rates As Calculated By Public Utility Commission, As It Pertains To The Amount Of Revenues The City Will Receive And As It Pertains To Their Allocation Of Rates For Residential, Non-Residential And Point To Point Customers. The Mayor introduced the above-mentioned Proposed Resolution. Finance Director Rebecca Underhill appeared before the Council to answer inquiries regarding the Public Utility Commission's calculations of their line rates and the process involved. The motion was made by Councilmember Gillam and seconded by Councilmember Linden that Proposed Resolution No. 12116 be adopted. Upon the motion of Councilmember Linden, seconded by Councilmember Bowers and carried unanimously, Proposed Resolution No. 12116 was tabled. City Council Minutes April 1, 2003 6 A. Resolutions (1) P. R. No. 12106 - A Resolution Authorizing The Executive Director Of The City Of Port Arthur Section 4A Economic Development Corporation And The City Manager To Execute An Economic Incentive Agreement With IASTS Healthcare And With Williams And Rao, L.P., Upon Approval From The Board Of Directors Of The City Of Port Arthur Section 4A Economic Development Corporation. (8) P. R. No. 12133 - A Resolution Authorizing The Executive Director Of The City Of Port Arthur Section 4A Economic Development Corporation To Execute A Design/Builder Agreement, Upon Approval From The Board Of Directors Of The City Of Port Arthur Section 4A Economic Development Corporation. Mayor Pro Tem Henderson introduced Proposed Resolution No. 12106. Councilmember Chaisson left the meeting at 11:00 a.m. Upon the motion of Councilmember Linden, seconded by Councilmember Sinegal and carried unanimously, Proposed Resolutions No. 12106 and 12133 were tabled to be added to the agenda for a Special 3oint Meeting with the EDC on April 7, 2003, at 6:00 p.m. (2) P. R. No. 12117 - A Resolution Ratifying And Confirming Appointments To The Board Of Directors Of The Port Arthur Housing Finance Corporation. Mayor Pro Tem Henderson introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Linden and seconded by Councilmember Bowers that Proposed Resolution No. 12117 be adopted, The City Secretary read into the record the following appointment and re-appointment to the Housing Finance Corporation: Mrs. Virginia Dudley Schoolfield, 1835 Snyder, Port Arthur, Texas, Mr. Philip Drago, II, 2615 Las Palmas, Port Arthur, Texas Proposed Resolution No. 12117 was adopted becoming Resolution No. 03-076. Voting Yes: Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers and Sinegal. Voting No: None. The caption of Resolution No. 03-076 reads as follows: RESOLUTI'ON NO. 03-076 A RESOLUT]'ON RATIFYING AND CONFI'RM1'NG APPOINTMENTS TO THE BOARD OF DI~RECTORS OF THE PORT ARTHUR HOUStNG FtNANCE CORPORATION. City Council Minutes April 1, 2003 7 (3) P.R. No. 12125 - A Resolution Pertaining To Youth Projects. Mayor Pro Tem Henderson introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Bowers and seconded by Councilmember Linden that Proposed Resolution No. 12125 be adopted. City Attorney Sokolow explained that the proposed resolution pertains to the Community Garden Project which authorizes the efforts of the Work Force Commission, Power Zone and Team Projects to execute that plan. Proposed Resolution No. 12125 was adopted becoming Resolution No. 03-077. Voting Yes: Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Linden, Gillam Bowers and $inegal. Voting No: None. The caption of Resolution No. 03-077 reads as follows: RESOLUTt'ON NO. 03-077 A RESOLUTI'ON PERTAtNTNG TO YOUTH PRO.] ECTS. (4) P. R. No. 12127 - A Resolution Authorizing The City Manager To Approve The City's 2003 Community Development Block Grant Program In The Amount Of $1,680,000 That Will Be Submitted To The United States Department Of Housing And Urban Development. Mayor Pro Tem Henderson introduced the above-mentioned Proposed Resolution. Councilmember Sinegal recused himself from Resolution No. 12127 due to the involvement Independent School District. discussion or voting on Proposed of his employer, the Port Arthur The motion was made by Councilmember Gillam and seconded by Councilmember Bowers that Proposed Resolution No. 12127 be adopted. Planning/Grants Director Dale Watson appeared before the Council to give an overview of the two proposed options for the allocation of the 2003 CDBG funds of which the Council must select one with the passage of the proposed resolution. The motion was made by Councilmember Gillam and seconded by Councilmember Bowers that Proposed Resolution No. 12127 be amended to include the adoption of Option 2. Councilmember Gillam and Bowers withdrew their motion to amend Proposed Resolution No. 12127. City Council Minutes April 1, 2003 The following roll call vote was taken on the motion to adopt Proposed Resolution No. 12127: Councilmember Barker "No" Councilmember Bowers "Yes" Councilmember Gillam "Yes" Councilmember Hannah "No" Mayor Pro Tem Henderson "Yes" Councilmember Linden "Yes" Proposed Resolution No. 12127 was adopted becoming Resolution No. 03-078. The caption of Resolution No. 03-078 reads as follows: RESOLUT~rON NO. 03-078 A RESOLUTZON AUTHOR~ZZNG THE CITY MANAGER TO APPROVE THE CITY'S 2003 COMMUNZTY DEVELOPMENT BLOCK GRANT PROGRAM IN THE AMOUNT OF $1f680,000 THAT WILL BE SUBMZl'TED TO THE UN1~TED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. C. *Reoorts And Recommendations (6) Report On 2003 CDBG Allocations Planning And Zoning Director Dale Watson presented the above-mentioned report during the discussion of the adoption of Proposed Resolution No. 12127. A. Res01~ztions (6) P.R. No. 12131. - A Resolution Appointing New Members To The Port Arthur Youth Advisory Council. Mayor Pro Tem Henderson introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Linden and seconded by Councilmember Bowers that Proposed Resolution No. 12131 be adopted. Upon the motion of Councilmember Gillam, seconded by Councilmember Linden, and carried unanimously, Proposed Resolution No. 12131 was tabled due to the lack of nominees for the positions open. B. Ordinances (1) P. O. No. 5322 - An Ordinance Amending The Election Order For The General Election Of May 3, 2003 And Declaring Unopposed The Candidate Elected For District 6, And Deleting The Sabine Pass Port Authority As A Participant The 3oint Election. The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Gillam and seconded by Councilmember Linden that Proposed Ordinance No. 5322 be adopted. City Cotmcil Minutes April 1, 2003 9 City Secretary Green answered questions regarding voter assistance training for appointed clerks and judges and other election concerns. Proposed Ordinance No. 5322 was adopted becoming Ordinance No. 03-013. Voting Yes: Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers and Sinegal. Voting No: None. The caption of Ordinance No. 03-013 reads as follows: ORDTNANCE NO. 03-013 AN ORDTNANCE AMENDTNG THE ELECTTON ORDER FOR THE GENERAL ELECTTON OF MAY 3, 2003 AND DECLARING UNOPPOSED THE CANDTDATE ELECTED FOR DTSTRTCT 6, AND DELETTNG THE SABTNE PASS PORT AUTHORITY AS A PARTTCTPANT TN THE 3OTNT ELECTTON. (2) P. O. No. 5324 - An Ordinance Amending The Code Of Ordinances As To Add Article TV, Chapter 90 Of The Code Of Ordinances As Tt Pertains To Shrimpfest. Mayor Pro Tem Henderson introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Linden, seconded by Councilmember Bowers and carried, Proposed Ordinance No. 5324 was adopted becoming Ordinance No. 03-014. Voting Yes: Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers and Sinegal. Voting No: None. The caption of Ordinance No. 03-014 reads as follows: ORDTNANCE NO. 03-014 AN ORDTNANCE AMENDTNG THE CODE OF ORDTNANCES AS TO ADD ARTTCLE TV, CHAPTER g0 OF THE CODE OF ORDTNANCES AS TT PERTATNS TO SHRTMPFEST. (3) P. O. No. 5325 - An Ordinance Amending Section 34-86 (Performance Of Work By The City), Article TTT (Weeds And Wild Excessive Growth Of Vegetation) Of Chapter 34 (Environment), The Code Of Ordinances Of The City Of Port Arthur By Establishing A Seven Day Period For A Property Owner To Abate A Weed Nuisance. The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Bowers, seconded by Counciimember Barker and carried, Proposed Ordinance No. 5325 was adopted becoming Ordinance No. 03-015. Voting Yes: Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers and Sinegal. City Council Minutes April 1, 2003 10 Voting No: None. The caption of Ordinance No. 03-015 reads as follows: ORDINANCE NO. 03-015 AN ORDtNANCE AMEND1'NG SECTION 34-86 (PERFORMANCE OF WORK BY THE CITY), ART1*CLE t'l! (WEEDS AND Wt'LD EXCESSIVE GROWTH OF VEGETATt'ON) OF CHAPTER 34 (ENVtRONMENT), THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR BY ESTABLISHING A SEVEN DAY PERIOD FOR A PROPERTY OWNER TO ABATE A WEED NUISANCE. (4) P. O. No. 5326 An Ordinance Authorizing A Special Warranty Deed Of Property To Barry Morgan 3r. & Delores M. Morgan. The City Manger introduced the above-mentioned Proposed Ordinance. City Attorney Sokolow stated that Exhibit "A" is incorrect and recommended a motion be made with the correct description of the property. The motion was made by Councilmember Bowers and seconded by Councilmember $inegal that Proposed Ordinance No. 5326 be adopted with the inclusion of the correct Exhibit "A" that reads Lot Number Thirteen & Fourteen (13 & 14), In Block Number Twenty-Two (22), of Brice Addition No. 1, To The City Of Port Arthur, In Jefferson County, Texas According To The Nap Or Plat Thereof, Of Record In Volume 3, Page 100, Map Records, Jefferson County, Texas. Proposed Ordinance No. 5326 was adopted with the corrected Exhibit "A", becoming Ordinance No. 03-016. Voting Yes: Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Bowers and $inegal. Voting No: Councilmember Linden. The caption of Ordinance No. 03-016 reads as follows: ORDt'NANCE NO, 03-016 AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED OF PROPERTY TO BARRY MORGAN JR. & DELORES M. MORGAN. (5) P. O. No. 5327 - An Ordinance Authorizing A Special Warranty Deed Of Property To Beaumont Habitat For Humanity, Inc. The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Bowers and seconded by Councilmember Sinegal that Proposed Ordinance No. 5327 be adopted. City Council Minutes April 1, 2003 11 Planning/Grants Director Dale Watson appeared before the Council and commented on the Beaumont Habitat for Humanity, Inc. construction project within the city at 3110 Tyler. Proposed Ordinance No. 5327 was adopted becoming Ordinance No. 03-017. Voting Yes: Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Linden, Bowers and Sinegal. Voting No: None. The caption of Ordinance No. 03-017 reads as follows: ORDTNANCE NO. 03-017 AN ORDTNANCE AUTHORTZTNG A SPECtAL WARRANTY DEED OF PROPERTY TO BEAUMONT HABITAT FOR HUHAN1~TY, tNC. (6) P. O. No. 5328 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2002 And Ending September 30, 2003 As It Pertains To The Funding Of A Weed And Seed Coordinator. The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Bowers, seconded by Councilmember Hannah and carried, Proposed Ordinance No. 5328 was adopted becoming Ordinance No. 03-018. Voting Yes: Mayor Pro 'rem Henderson; Councilmembers Hannah, Barker, Linden, Bowers and Sinegal. Voting No: None. The caption of Ordinance No. 03-018 reads as follows: ORDt'NANCE NO. 03-018 AN APPROPRt'ATTON ORDt'NANCE AMENDt'NG THE BUDGET FOR THE FTSCAL YEAR BEGI'NNI'NG OCTOBER 1, 2002 AND ENDt'NG SEPTEMBER 30, 2003 AS t'T PERTAt'NS TO THE FUND1;NG OF A WEED AND SEED COORDINATOR. A. Resolutions (7) P. R. No. 12132 - A Resolution Authorizing, Designating And Establishing The Shrimpfest Entertainment Area For 2003, Designating The Port Arthur Chamber Of Commerce As The Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With The Port Arthur Chamber Of Commerce. 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. 12132 was adopted becoming Resolution No. 03-079. City Council Minutes April 1, 2003 12 Voting Yes: Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Linden, Bowers and Sinegal. Voting No: None. The caption of Resolution No. 03-017 reads as follows: RESOLUTION NO. 03-079 A RESOLUTION AUTHORIZING~ DESIGNATING AND ESTABLISHING THE SHI~MPFEST ENTERTAINMENT AREA FOR 2003~ DESIGNATING THE PORT ARTHUR CHAMBER OF COMMERCE AS THE EXCLUSIVE CONCESSIONAIRE AND AUTHOR]ZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE PORT ARTHUR CHAMBER OF COMMERCE. The City Council recessed their meeting at 11:57 a.m. and reconvened at 1:30 p.m. with the following members present: Mayor Pro Tern Henderson; Councilmembers Barker, Linden, Bowers and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. Councilmember Hannah entered the meeting at 1:33 p.m. VII. ITEMS REQUIRING INDIVIDUAL ACTION - (CONTINUED) C. *Renorts And Recommendations (2) Report On Comprehensive Annual Financial Report For Year Ended September 30, 2002 And Presentation Of Auditor's Report To Management Councilmember Chaisson returned to the meeting at 1:53 p.m. Finance Director Rebecca Underhill presented the above-mentioned report. Mr. Gayle Botley, 4729 Twin city Hwy, Suite 280, appeared before the Council to present the above-mentioned report and read the following passage from page 32 into the record: K. RELATED PARTY TRANSACTION During the fiscal year ended September 30, 2002, an entity owned by the Mayor of the City of Port Arthur and principals of two Port Arthur Economic Development Corporation (EDC) grant recipients, sold goods in the amount of $46,899 to a company controlled by one of the aforementioned principals that received a grant award in the amount of $222,900 on August 7, 2001. Legal counsel for both the City and the EDC have determined that the nature of the transactions described above and the ownership of the participating entities may constitute a violation of the conflict of interest provisions contained in the economic incentive grant contracts between the EDC and the grant recipients. City Council Minutes April 1, 2003 13 (1) Report On Student Day In Government Program Human Resources Assistant Director Dr. Albert Thigpen presented the above-mentioned report and stated that the students will attend the City Council meeting on April 29, 2003. (4) Report On Hike And Bike Trail Project And Safe Routes To Schools Grant Public Works Director Leslie McMahen presented the above-mentioned report. (5) February, 2003 Financial Report Finance Director Rebecca Underhill presented the above-mentioned report. VIII. REPORTS OF BOARDS & COMf4n'rEES None TX. *CLOSED MEETING (EXECUTIVE SESSTON) Closed Meetine: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Southern Union Gas Or ONEOK. (2) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Concerning Mills C/WAnd Ancillary Litigation. (3) Section 551.071 Government Code - To Discuss With The City Attorney The Audit And Prospective Litigation Pertaining Thereto. (4) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To City Press/er. (5) Section 551.087 Government Code - To Discuss Economic Incentives As It Pertains To Healthcare, Commercial And Industrial Projects. The City Council recessed their meeting at 2:40 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 3:56 p.m. with the following members present: Mayor Pro Tern Henderson; Councilmembers Barker, Linden, Bowers, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Councilmember Chaisson: (1) Report on the cost of envelopes as it pertains to mailing water bills. (2) Report on Liability of City Inspectors on private property and their authority to do so. IX. AD3OURNHENT OF MEETtNG Upon the motion of Councilmember Chaisson, seconded by Councilmember Sinegal and carried unanimously, the City Council adjourned their meeting at 4:01 p.m. City Council Minutes April 1, 2003 14 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~E~: CITY SECRETARY END OF SPECIAL MEETING HELD April 1, 2003 APPROVED: City Council Minutes April 1, 2003 13