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HomeMy WebLinkAboutAPRIL 15, 2003REGULAR MEETING - April 15, 2003 I. ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met i~ Regular Session on Tuesday, April 15, 2003 at 5:35 ~).m. n the City Council Chamber, City Hall, with the following members present: rvlayor Oscar G. Ortiz; Mayor Pro Tem Henderson; Councilmembers Felix A. Barker, Tom Gillam, III., Bob Bowers and Michael "Shane' Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline Green and City Attorney Mark T. Sokolow. The invocation was given by Councilmember Gillam followed by the pledge to the flag. Councilmember Hannah arrived at 5:48 p.m. II. PROCLAMATIONS & MINUTES Minutes - Regular Meeting April 01, 2003 Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Bowers and carried unanimously, the City Council approveo the above-mentioned Minutes. Special Joint Heeting April 07, 2003 Upon the motion of Councilmember Bowers, seconded by Councilmember Sinegal and carried unanimously, the City Council approveo the above-mentioned Minutes. III. PETITIONS &COMMUNICATIONS The Mayor presented the following Proclamation: May 1~, 2003 as "National Day Of Prayer" Mayor Ortiz acknowledged the World Famous Boy Scouts Troop No. 75. VII. ITEMS REQUII~NG INDIVIDUAL ACTION C. *Reports And Recommendations (3) Report From The Texas Department Of Protective And Regulatory Services On "H.O.P.E.' ([Requested By Councilmember Gillam) Ms..loyce 3ames, Regional Director TDPRS, 6285 Colton Lane, Beaumont, Texas, appeared before the Council and presented the above-mentioned report. A. Speakers (1) Mike West Regarding Gold Star EMS Mr. Mike West, 924 Circle Drive, Nederland, Texas, appeared before the Council and spoke regarding Gold Star EMS. (2) .lohn Lewis Regarding Patriotic Donations By Woodman Of The World Lodge 6192 - NOT PRESENT (3) Dr. Albert Thigpen And Geraldine Hunt Regarding The Senior Olympic Team Interim Parks & Recreation Director Thigpen and Senior Recreation Program Director Geraldine Hunt appeared before the Council regarding the above-mentioned report. Mrs. Hunt presented the following team members who attended the games and the winners of the Gold, Silver and/or Bronze medals of the categories in which they competed: Mr. Roddy White: Mr. Jack _]ones: Ms. Elizabeth Taylor: Ms. Tee Wenstrom: Ms. Phyllis Lacey Baker: Ms. Esther Dugas: Silver Medal Winner in Doubles/Bowling Gold Medal Winner in Singles/Bowling Silver Medal Winner in 2 - Mile Walk Bronze Medal Winner in Swimming/50yd and 200yd Breastroke Regional Hasters of Duplicate Bridge Participant Regional Masters of Duplicate Bridge Participant B. Correspondence - None TV. PUBLIC HEARINGS - 7:00PM None V. UNFINISHED BUSTNESS (1) P. R. No. 121:16 - 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 Tt Pertains To Their Allocation Of Rates For Residential, Non-Residential And Point To Point Customers. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Bowers and carried, Proposeo Resolution No. 12116 was adopted becoming Resolution No. 03- 084. Voting Yes: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam, Bowers and Sinegal. Voting No: None. The caption of Resolution No. 03-084 reaos as follows: RESOLUTION NO. 03-084 A RESOLUTION ACCEPTING THE AUTOMATTC INCREASE IN ACCESS LINE RATES AS CALCULATED BY PUBLIC UTILITY COMMZSSIONf AS IT PERTAINS TO THE AMOUNT OF REVENUES THE CITY WtLL RECEIVE AND AS IT PERTAINS TO THEIR ALLOCATTON OF RATES FOR RESTDENTIALf NON-RESIDENTIAL AND POINT TO POINT CUSTOMERS. (2) P.R. No. 12131 - A Resolution Appointing New Members To The Port Arthur Youth Advisory Council. The Mayor introduced the above-mentioned Proposed Resolution. City Council Minutes April 15. 2003 2 The motion was made by Councilmember Sinegal and seconded by Councilmember Barker that Proposed Resolution No. 12131 be adopted. Mayor Pro Tern Henderson nominated Anna Wueller, 2636 Lombardy. Councilmember Barker nominated Teron A. Willemin, 3421 7th Street and Leah Lacey, 3600 Normandy. Councilmember Sinegal nominated .lohn Beard, TII., 1145 Grannis Avenue. Proposed Resolution No. 12131 was adopted with the above-mentioned nominees added becoming Resolution No. 03-085. Voting Yes: Mayor OFtiz; Mayor Pro Tem Henderson; Councilmember Hannah, Barker, Gillam, Bowers, Sinegal. Voting No: None. The caption of Resolution No. 03-085 reads as follows: RESOLUTION NO. 03-085 A RESOLUTION APPOINT/NG NEW MEMBERS TO THE PORT ARTHUR YOUTH ADVISORY COUNCIL. Vl'. 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 Proposed Resolutions No. 12143, 12146 and 12147: Consideration And Approval Of Renewing A Contract For The Purchase Of Books, Video Tapes And Audio Tapes To Ingram Library Services, Inc., In The Amount Of $S0,000 For The Library. Consideration And Approval Of Awarding A Bid For The Purchase Of One New Track Dozer To Mustang Tractor And Equipment Of Beaumont, Texas In The Amount Of $308,92S For The Public Works Department (Solid Waste Division- Landfill). Cw Consideration And Approval Of Awarding A Bid For the Purchase Of One New Front Load Commercial Cab And Chassis Unit, With Remount Of City's 35-Cubic Yard Packer Body, Through BuyBoard From Lone Star Truck Center Of Houston, Texas In The Amount Of $110,808 For The Public Works Department (Solid Waste Division-Commercial Collections). Consideration And Approval Of Awarding Contracts For Various Materials To The Following Vendors: Emulsions, Asphalt And Prime Oil To Eagle Asphalt, Koch, Crafco And Performance Grade Asphalt; Award Tongue And Groove Concrete Pipe And Concrete Box Culverts To National Concrete And Hanson Pipe; Soils To AMF, Concrete Building Materials City Council Minutes April 15, 2003 3 To Hartman, Transit Mix And Parker And Road Building Materials To Vulcan Material, Transit Mix, APAC, Austin White, TXl, Quality, AMF And ChemLime. All Materials Will Be Utilized By Various City Departments And Bids Will Be Effective For Approximately One (1) Year. E. Exoense Accounts Mayor Oscar G. Ortiz: Use Of Personal Auto On [n/Out Of Town City Business, March, 2003 $ 112.24 Councilmember Felix A. Barker: Use Of Personal Auto [n/Out Of Town City Business, March, 2003 $ 127.07 Councilmember Tom Gillam, [[[.: Use Of Personal Auto On City Business, March, 2003 $ 83.52 Councilmember Rose Chaisson: Use Of Personal Auto On City Business, February - March, 2003 $ 200.00 City Attorney Mark T. Sokolow: Use Of Personal Auto On City Business, March 5, 2003 $ 5.76 Resolutions - Consent (1) P. R. No. 12134 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee; Authorize Execution Of Change Order No. Two (2) And Final; On The Pleasure Island Elevated Water Storage Tank And Approving Final Payment Of $96,231.25 To Chicago, Bridge & Iron Constructors, Inc., And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas. Fund No. 419-1622-531.85-00, Project No. 419001. Proposed Resolution No. 12134 was adopted becoming Resolution No. 03-086. (2) P. R. No. 12135 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. Proposed Resolution No. 12135 was adopted becoming Resolution No. 03-087. (3) P. R. No. 12137 - A Resolution Approving Permit #164 For Drilling Of An Oil And Gas Well By Noble Energy, [nc. Proposed Resolution No. 12137 was adopted becoming Resolution No. 03-088. (4) P. R. No. 12138 - A Resolution Authorizing The Third Year Of The Existing Four (4) Year Contract With A.M.F. Materials And Transport, [nc., Of Port Arthur, Texas, For Wood Grinding Services, At A Unit Cost Of $0.65 Per Cubic Yard To City Council Minutes April 15, 2003 4 Grind Green Waste At The City's Landfill. Funds Are Available [n The FY 2003 Public Works - Solid Waste Division Budget, Account No. 403-1274-533.59-00. Proposed Resolution No. 12138 was adopted becoming Resolution No. 03-089. (5) P. R. No. 12140 - A Resolution Authorizing The City Manager To Enter 1,nto A Contract With Power Zone, With Power Zone Administering Work Activity Programs Through The Workforce 1,nvestment Act (WI.A) Programs. Proposed Resolution No. 12140 was adopted becoming Resolution No. 03-090, {6) P. R. No. 12142 - A Resolution Authorizing The City Manager To Make Application To The U. S. Department Of Housing And Urban Development For A Community Development Block Grant 1,n The Amount Of $1,680,000 And A Grant For $S04,130 1,n Home Funds And Authorizing The City Manager To Execute The City Of Port Arthur's 2003 Consolidated Annual Plan. The Consolidated Plan Will Be Submitted To The U. S. Department Of Housing And Urban Development. Proposed Resolution No. 12142 was adopted becoming Resolution No. 03-091. A Conflict of Interest Form is on file with the City Secretary recusing Councilmember Sinegal from acting on the above-mentioned Proposed Resolution. {8) P. R. No. 12144 - A Resolution Authorizing The Mayor To Enter Into A License To Use Agreement With Noble Energy, 1,nc., For The Sum Of Seven Hundred Eighty Six Dollars And 40/100 ($786.40) Per Year For Use As A Pipeline. Proposed Resolution No. 12144 was adopted becoming Resolution No. 03-092. (9) P. R. No. 12145 - A Resolution Authorizing The Community Prosecution Program To Apply For A Grant For One (1) Mobile Lab From The Beaumont Foundation Of America. Proposed Resolution No. 12145 was adopted becoming Resolution No. 03-093. (12) P. R. No. 12148 - A Resolution Authorizing The Mayor Of The City Of Port Arthur To Execute A Right-Of-Way 1,nstrument With Entergy Gulf States, 1,nc. (Texas) Which Would Grant To Entergy Gulf States, Inc. An Easement Across City Property For The Purpose Of Providing Overhead Electrical Service To The Downtown Area. Mayor Ortiz stated that the above Proposed Resolution would be eliminated from the agenda. VZT. 1,TEMS REQU1,R1,NG I'ND1,V1,DUALACT1,ON Resolution - Consent (7) P. R. No. 12143 - A Resolution Authorizing The Mayor To Enter 1,nto A License To Use Agreement With Noble Energy, 1,nc., For The Sum Of Three Thousand Dollars And No/100 ($3,000) For Use As A Driveway. City Council Minutes April 15, 2003 5 The Mayor introduced the above-mentioned Proposed Resolution The motion was made by Councilmember Bowers ana seconded by Mayor Pro Tern Henderson that Proposed Resolution No. 12143 be adopted. Planning/Grants Director Dale Watson appeared before the Council and discussed the location of the easement. Proposeo Resolution No. 12143 was adopte0 [~ecommg Resolution No. 03-094. (10) P. R. No. 12146 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract In The Amount Of $24,819 Between The City Of Port Arthur, Texas And Hea Ith And Safety Management, Inc. Of Beaumontt Texas For Professional Services For Asbestos Abatement And Installation Of A Suspended Ceiling In Atrium Area At Health Clinic Facility, With Funding Available Tn FY 2003 Budget Account No. 30:L-1601-591.89-00, CIP :L70. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Bowers and seconded by CouncilmemDer Gillam that Proposed Resolution No. 12146 be adopted. Public Works Director Leslie McMahen appeared before the Council and discussed the asbestos al3atement of the Health Clinic Facility. Proposed Resolution No. 12146 was adopted becoming Resolution No. 03-095. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gil am, Bowers and Sinegal. Voting No: None. The caption of Resolution No. 03-095 reaos as follows: RESOLUTION NO. 03-095 A RESOLUTION AUTHORIZTNG THE MAYOR AND CTTY MANAGER TO EXECUTE A CONTRACT IN THE AMOUNT OF $24,819 BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND HEALTH AND SAFETY MANAGEMENT, INC. OF BEAUMONT, TEXAS FOR PROFESSIONAL SERVICES FOR ASBESTOS ABATEMENT AND INSTALLATTON OF A SUSPENDED CEILZNG IN ATRTUM AREA AT HEALTH CLINIC FACt'LITY, Wi'TH FUNDI'NG AVAI'LABLE TN FY 2003 BUDGET ACCOUNT NO. 301'1601-591.89-00, CZP 170. (11) P. R. No. 12147 - A Resolution Authorizing Phase II Of The Barbara 3acket (Gilham Circle) Park Conceptual Plan Improvements To Arceneaux & Gates Consulting Engineering, Inc., At A Not To Exceed Cost Of $10,000. Fund No. 301-1601-S91.S9-00; Project No. CIP 110. The Mayor introduced the above-mentioned Proposed Resolution. City Council Minutes April 15, 2003 6 The motion was made by Councilmember Gillam and seconded by Councilmember Bowers that Proposed Resolution No. 12147 be adopted. Assistant Human Resource Director Albert Thigpen appeared before the Council and spoke regarding the Budgetary/Fiscal effects of the project. The motion was made by Mayor Pro Tem Henderson and seconded by Councilmember Gillam that Proposed Resolution No. 12147 be tabled. The following roll call vote was taken on the motion to table Proposed Resolution No, 12147: Councilmember Barker Councilmember Bowers Councilmember Gillam Councilmember Hannah Mayor Pro Tem Henderson Councilmember Sinegal Mayor Ortiz "NO" "NO" "NO" "NO" "Yes" "No" The motion to table Proposed Resolution No. 12147 failed to carry. Councilmember Hannah lea the meeting. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 12147: Councilmember Barker Councilmember Bowers Councilmember Gillam Mayor Pro Tem Henderson Councilmember Sinegal Mayor Ortiz ~Yes" "Yes" ~Yes- "Yes" "Yes" "Yes" Proposed Resolution No. 12147 was adopted becoming Resolution No. 03-096. RESOLUTION NO. 03-096 A RESOLUTION AUTHORIZING PHASE I! OF THE BARBARA 1ACKET (GILHAM CLRCLE) PARK CONCEPTUAL PLAN IMPROVEMENTS TO ARCENEAUX & GATES CONSULTING ENGZNEERING, [NC.f AT A NOT TO EXCEED COST OF $10,000. FUND NO. 301-1601-591.59- 00; PRO3ECT NO. CIP 110. Councilmember Hannah returned to the meeting. B. Ordinances P, O, No, 5329 - An Ordinance Amending The Code Of Ordinances As To Add Subsection (3) To Section 86-116 As Tt Pertains To Charging For Multiple-Unit Service. The City Manager introduced the above-mentioned Proposed Ordinance. City Council Minutes April 15.2003 ? The motion was made by CounciJmember Bowers and seconded by Mayor Pro Tem Henderson that Proposed Ordinance No. 5329 be adopted. The City Manager commentea on the above-mentioned topic. Proposea Ordinance No. 5329 was adopted over the dissenting vote of CouncilmemDer Sinegal becoming Ordinance No. 03-0:19. Voting Yes: Mayor Ortiz; Hayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam and Bowers. Voting No: Councilmembers Sinegal. The caption of Ordinance No. 03-019 reads as follows: ORDINANCE NO. 03-019 AN ORDlrNANCE AMENDTNG THE CODE OF ORDZNANCES AS TO ADD SUBSECTZON (3) TO SECTION 86-116 AS TT PERTAZNS TO CHARGING FOR MULTZPLE-UNIT SERVICE. (2) P.O. NO. 5330 - An Ordinance Adding Section 30-3 To The Code Of Ordinances As It Pertains To Administrative Search Warrants. The City Manager introduced the above-mentioned Proooseo Ordinance. The motion was made by Mayor Pro Tern Henderson and seconded by Councilmember Bowers that Proposed Ordinance No. 5330 be adopted. The City Attorney explained the purpose of the Proposed Ordinance regarding the issuance of administrative search warrants. The City Manager commented on the Proposed Ordinance and requested that Community Services Director Lawrence Baker present his report to the Council on the subject matter. C. *Reports And Recommendations (1) Report On Enforcement Of 3unk Motor Vehicle Ordinance (Requested By Councilmember Chaisson) Community Services Director Lawrence Baker presented the above-mentioned report. He discussed the issuance of warrants in regards to the Junk Motor Vehicles Ordinance. B. Ordinances (2) P. O, No. 5330 - An Ordinance Adding Section 30-3 To The Code Of Ordinances As ]t Pertains To Administrative Search Warrants. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 5330: Councilmember Barker "No" Councilmember Bowers "No" City Council Minutes April 15, 2003 8 Councilmember Gillam Councilmember Hannah Mayor Pro Tem Henderson Councilmember Sinegal Mayor Ortiz "NO" "NO" "NO" "NO" "NO" The motion to adopt Proposed Ordinance No. 5330 failed to carry. (3) P. O. No. 5331 - An Ordinance Authorizing The City Manager And City Attorney To Transfer Lots 10, 11 And 12, Block 111, City Of Port Arthur Addition (530 Waco) To The Port Cities Rescue Mission. (Requested By The City Manager). The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Mayor Pro Tem Henderson and seconded by Councilmember Bowers that Proposed Ordinance No. 5331 be adopted. Mr. Ken Hill, Executive Director Port Cities Rescue Mission Ministries, 900 East 6th Street appeared before the Council and requested ownership of the property located at 530 Waco Avenue. Proposed Ordinance No. 5331 was adopted becoming Ordinance No. 03-020. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Bowers and Sinegal. Voting No: None. The caption of Ordinance No. 03-020 reads as follows: ORDINANCE NO. 03-020 AN ORDINANCE AUTHORIZING THE CITY MANAGER AND CITY AI'rORNEY TO TRANSFER LOTS 10, 11 AND 12, BLOCK 111~ CITY OF PORT ARTHUR ADDITION (530 WACO) TO THE PORT CITIES RESCUE MTSSTON. (REQUESTED BY THE CITY MANAGER). (4) P. O. No. 5332 - An Ordinance Amending The Election Order For The May 3, 2003 General Election Declaring Additional Early Voting To Be Held On Saturday, April 26, 2003, Deleting Taft Elementary School As A Polling Place On May 3, 2003 And Adding Precinct 80 (Port Arthur Independent School District) To The List Of County Election Precincts For 3oint Elections. The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Mayor Pro Tem Henderson and seconded by Councilmember Barker that Proposed Ordinance No. 5332 be adopted. The City Secretary presented an overview of the above-mentioned Proposed Ordinance. Proposed Ordinance No. 5332 was adopted becoming Ordinance No. 03-021. City Council Minutes April 15, 2003 Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Bowers and Sinegal. Voting No: None. The caption of Ordinance No. 03-021 reads as follows: (2) ORDZNANCE NO. 03-021 AN ORDTNANCE AMENDING THE ELECTION ORDER FOR THE MAY 3, 2003 GENERAL ELECTION DECLARING ADDITIONAL EARLY VOTING TO BE HELD ON SATURDAY, APR]fL 26, 2003, DELETING TAFT ELEMENTARY SCHOOL AS A POLLTNG PLACE ON MAY 3, 2003 AND ADDING PRECINCT 80 (PORT ARTHUR TNDEPENDENT SCHOOL DISTRICT) TO THE Lt'ST OF COUNTY ELECTt'ON PRECTNC'rS FOR JO1'NT ELECTIONS. *Reoorts And Recommendations Report On Additional Costs To Modify Existing Water Bill Mailing Procedures (Requested By Councilmember Chaisson) The City Manager commented on the above-mentioned report. VIII, REPORTS OF BOARDS & COMMII-FEES IX. None *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetinq: (1) Section 551.072 Government Code - To Discuss The Value Of Land On The Westside. (2) Section SS1.074 Government Code To Discuss The Evaluation Of The City Manager, City Secretary And City Attorney. The City Council recesseo their meeting at 7:40 p.m. to meet in Executive Session to consider the above-mentionecJ topics, and reconvened their meeting at 8:14 p.m. with the following memaers present: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Bowers ano Sinegal; City Manager Fitzgibbons; City Secretary Green ano City Attorney Sokolow. A. Resolutions P. R. No. 12139 - A Resolution Authorizing The City Manager And The City Attorney To Purchase The Remaining Portions Of Lots 10 And 11 In Block R-21, As Well As Lots 7, 8, 9 And 12 That Are Located Adjacent To Texas Avenue And To Execute The Necessary Closing Documents. The Mayor introduceo the above-mentioned Proposed Resolution. City Council Minutes April 15. 2003 10 Upon the motion of Councilmember Bowers, seconded by Mayor Pro Tem Henderson and carried unanimously, Proposed Resolution No. 12139 was tabled. X. FUTURE AGENDA ITEMS OR REOUESTED REPORTS Councilmember Bowers: A proclamation or resolution commemorating Medal of Honor recipient Lucian Adams at the next Council Meeting. Councilmember Gillam: (1) Report on ordinance pertaining to moving houses. (2) Review ordinance regarding charges for dumping at the landfill. Mayor Pro Tem Henderson: Announced that the Be~cer Business Torch Awards will be held May 6, 2003. Councilmember Hannah: A report regarding April 14, 2003 refinery problems at MOT[VA. I'X. ADIOURNMENT OF MEETI'NG Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Gillam and carried unanimously, the Cib/Council adjourned their meeting at 8:24 p.m. An audio tape of this meeting is on file in the office of the Cib/Secretary and is made a part of the official minutes of this meeting. MAYOR A~E~: C]TY SECRETARY END OF SPEC]AL MEE'I~NG HELD April 15, 2003. APPROVED: City Council Minutes April 15. 2003 11