HomeMy WebLinkAboutAPRIL 29, 2003REGULAR MEETING - April 2g, 2003
I. ROLL CALL, INVOCATION & PLEDGE
The City Council of the City of Port ^rthur met in Regular Session on Tuesday, ^pril 29,
2003 at B:38 a.m. in the City Council Chamber, City Hall, with the following members
Hannah, Feli× ^. Barker, 'Tom GJllam, I~'I., Re¥. Ronnie linden, Robert ^. Bowers, Rose
Evangeline Green and City Attorney Hark T. Sokolow.
The invocation was given by Councilmember Linden followed by the pledge to the flag.
II. PROCLAMATIONS & MINUTES
The Mayor presented the following Proclamation:
April, 2003 as "Child Abuse Prevention Month"
Minutes - Special Meeting April 11, 2003
Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Bowers
and carried unanimously, the City Council approved the above-mentioned Minutes.
Regular Meeting April 15, 2003
Upon the motion of Counciimember Bowers, seconded by Mayor Pro Tern Henderson
and carried unanimously, the City Council approved the above-mentioned Minutes.
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Norman Young And 3oy Hester Regarding The Wetlands
"Sanctuary"- NOT PRESENT
(2)
Bill Wimberly, Environmental Manager, Regarding Recent
Power Interruptions At Motiva
Mr. Bill Wimberly, 1728 Hebert Wood Drive, appeared before the Council and explained
the cause of the above-mentioned power interruption and outlined the steps that Motiva
is taking to rectify any clean up problems or inconveniences caused to the surrounding
residents.
Mayor Pro Tem Henderson left the meeting.
The Mayor presented the following Proclamation:
April 29, 2003 as "Student Day in Government"
The Mayor requested the following participants introduce themselves and give the
district/position of the Councilmember represented:
Brittany Mayfield - Mayor
Corey Morris - District 1
KeDron Marsh - District 2
Trashawana Murphy - District 3
3adorian Tare - District 4
Kelli Molina - District S
3ames Polk - District 6
Christa Curette - Position 7
Marcus 3ones - Position 8
(3) Cheryl Edwards Regarding National Child Abuse Prevention -NOT
PRESENT
B. Correspondence
None
TV. PUBLZC HEARINGS- 9:00AM
None
V. UNFINISHED BUSI'NESS
None
V~. CONSENT AGENDA
Upon the motion of Councilmember Barker, seconded by Councilmember Gillam and
carried unanimously, the following Consent Agenda items were adopted with the
exception of Proposed Resolutions No. :[2149, :[2150, 12151, :[2152. 12154, 12162 and
12159:
Consideration And Approval Of Awarding A Bid For The
Annual Contract For Liquid Sodium Bisulfite To Premier
Chemicals & Services, Of Houston, Texas In The Estimated
Amount Of $35,760 For The Utility Operations Department
(Wastewater Treatment Division).
Consideration And Approval Of Awarding A Bid For The
Purchase Of A :tS-Passenger Van To Philpott Ford, Inc. Of
Nederland, Texas In The Amount Of $22,888 For The
Equipment Services Department.
C. Ex0ense Accounts
Councilmember Bob Bowers:
Use Of Personal Auto On City Business,
April 16, 2003
$ 48.60
Resolutions - Consent
(1)
P. R. No. 12124 - A Resolution Authorizing The City Of Port
Arthur To Accept A Donation Of One Thousand Two Hundred
Dollars ($1,200) Donated By Wal Mart Stores, Inc., To Be
Used By The Police Department's Beat Coordinator's Office
To Purchase Surveillance Equipment.
Proposed Resolution No. :[2:[24 was adopted becoming Resolution No. 03-097.
(2)
P. R. No. 12148 - A Resolution Authorizing The Mayor Of
The City Of Port Arthur To Execute A Right-Of-Way
[nstrument With Entergy Gulf States, [nc. (Texas) Which
Would Grant To Entergy Gulf States, Inc. An Easement
Across City Property For The Purpose Of Providing Overhead
Electric Service To The Downtown Area.
City Council Minutes April 29, 2003 2
Proposed Resolution No. 12148 was adopted [~ecoming Resolution No. 03-098.
(7)
P. R. No, 12153 - A Resolution Approving The FY 2003
Contract Between The City Of Port Arthur And The Texas
Department Of Health To Continue The STD/HIV Program.
Proposed Resolution No. 12153 was adopted becoming Resolution No. 03-099.
(10)
P. R. No. 12160 - A Resolution Authorizing The Approval Of
Additional Services As It Pertains To The Contract For
Professional Services To Arceneaux & Gates In Connection
With The Water Line Rehabilitation Project In The Amount
Not To Exceed $45,000 (Fund No. 427-1626-532.53-00,
Project No. 427002).
Proposed Resolution No. 12160 was adopted becoming Resolution No. 03-100.
(11) P.R. No. 12161 - A Resolution Authorizing The Calling Of A
Public Hearing On Hay 13, 2003 At 7:00 P.M. To Consider
Whether Or Not To Issue A Permit To ExxonHobil Pipeline
Company Of Houston, Texas For The Installation Of An
8.625" Butadiene Pipeline Within The City Limits Of Port
Arthur, Texas.
Proposed Resolution No. 12161 was adopted becoming Resolution No. 03-101.
(13) P. R. No. 12164 - A Resolution Approving The City Manager
Of The City Of Port Arthur To Submit Three (3) Grant
Applications To The Southeast Texas Regional Planning
Commission For Eligible Congestion Mitigation And Air
Quality Projects.
Proposed Resolution No. 12164 was adopted becoming Resolution No. 03-102.
(14) P. R. No. 12174 - A Resolution Accepting The Federal
Emergency Management Agency (FEMA) Fiscal Year 02
Assistance To Firefighters Grant For Emergency Medical
Services In The Amount Of $75,628 And Authorizing
Hatching Funds In The Amount Of $32,412.
Proposed Resolution No. 12174 was adopted becoming Resolution No. 03-103.
(15) P. R. No. 12175 - A Resolution Supporting Hardin, 3efferson
And Orange Counties, As Well As Other Regional Partners,
In Full Funding Of Regional 9-1-1 Service.
Proposed Resolution No. 12175 was adopted becoming Resolution No. 03-104.
(16) P. R. No. 12178 - A Resolution Approving A Drinking Water
Service Agreement Between The City Of Port Arthur And
Chevron Phillips Chemical Company, Port Arthur Plant (CP
CHEM).
Proposed Resolution No. 12178 was adopted becoming Resolution No. 03-105,
VII. rrEMS REQUIRING INDIVIDUAL ACTION
Consent-Resolutions
City Council Minutes April 29, 2003 3
(3)
P. R. No. 12149 - A Resolution Approving Change Order For
Contract IV In The Amount Of $15,406 As It Pertains To The
Port Arthur Business Park As Approved By The Section 4A
Port Arthur Economic Development Corporation.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Gillam and seconded by Councilmember
Bowers that Proposed Resolution No. 12149 be adopted.
Mr. Bill Diamond of Diamond Consulting, The Woodlands, Texas, appeared before the
Council and explained the purpose of the change order.
Mr. Bill Hughes, Jr., P.E., 8865 College Street, Beaumont, Texas, Schaumburg & Polk,
inc., appeared before the Council and also commented on the change order.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
12149:
Councilmember Barker
Councilmember Bowers
Councilmem her Cha isson
Councilmem her Gillam
Councilmem her Hannah
Councilmem her Linden
Councilmem her Sinegal
Mayor Ortiz
"Yes"
"Yes"
"No"
"No"
"Yes"
"Yes"
"Yes"
"Yes"
Proposed Resolution NO. 12149 was adopted becoming Resolution No. 03-106.
The caption of Resolution No. 03-106 reads as follows:
RESOLUTION 03-106
A RESOLUTION APPROVING CHANGE ORDER
FOR CONTRACT IV IN THE AMOUNT OF $15,406
AS IT PERTAINS TO THE PORT ARTHUR
BUSINESS PARK AS APPROVED BY THE
SECTION 4A PORT ARTHUR ECONOMIC
DEVELOPMENT CORPORATION.
(4)
P. R. No. 12150 - A Resolution Approving The Award Of
Contract VII In The Amount Of $S97,672.00 To Escavator &
Constructors For The Port Arth ur Business Park As Approved
By The Section 4A Port Arthur Economic Development
Corporation.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Bowers and seconded by Councilmember
Barker that Proposed Resolution No. 12150 be adopted.
Hr. Bill E)iamond of Diamond Consulting, The Woodlands, Texas, appeareo before the
Council and discussed the bidding procedures regarding Contract VI! issued to
Excavators and Constructors, [nc. for the landscaping and final grading.
City Council Minutes April 29, 2003 4
The following roll call vote was taken on the motion to adopt Proposed Resolution No,
12150:
Councilmember Barker "Yes"
Councilmember Bowers "Yes"
Councilmember Chaisson "No"
Councilmember Gillam "No"
Councilmember Hannah "Yes"
Councilmember Linden "No"
Councilmember Sinegal "Yes"
Mayor Ortiz "Yes"
Proposed Resolution No. 12150 was adopted becoming Resolution No. 03-107.
The caption of Resolution No. 03-107 reads as follows:
RESOLUTZON NO. 03-107
A Resolution Approving The Award Of Contract
VI! !n The Amount Of $597,672.00 To Escavator
& Constructors For The Port Arthur Business
Park As Approved By The Section 4A Port Arthur
Economic Development Corporation.
(s)
P. R. No. 12151 - A Resolution Approving The Award Of A
Construction Sign !n The Amount Of $1,957.34 And A
Temporary Sign !n The Amount Of $4,125.87 To Fast Sign
For The Port Arthur Business Park As Approved By The
Section 4A Port Arthur Economic Development Corporation.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Linden and seconded Dy Councilmember
Bowers that Proposed Resolution No. 12151 be aoopted.
Hr. Bill Diamond of Diamond Consulting, The Woodlands, Texas, appeared before the
Council and discussed the purpose of the Business Park signs and also discussed
specifications.
The motion was made by Councilmember Linden and seconded by CouncilmemOer
Sinegal that Proposed Resolution No. 12151 be amended to exclude the temporary sign
from the above-mentioned Proposed Resolution.
Councilmember Barker left the meeting.
The following roll call vote was taken on the motion to amencJ Proposed Resolution No.
12151:
Councilmember Bowers
Councilmember Chaisson
Councilmember Gillam
Councilmember Hannah
Councilmember Linden
Councilmember Sinegal
Mayor Ortiz
"No"
"Yes"
"Yes"
"No"
"Yes"
"Yes"
"Yes"
The motion to amend Proposed Resolution No. 12151 carried.
Councilmember Barker returned to the meeting.
City Council Minutes April 29, 2003 5
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
12151 as amended:
Councilmember Barker
Councilmember Bowers
CouncJlmember Chaisson
Councilmember Gillam
Councilmember Hannah
Councilmember Linden
Councilmember Sinegal
Mayor Ortiz
"No"
"Yes"
"No"
"No"
"Yes"
"Yes"
"No"
"Yes"
The motion to adopt Proposed Resolution No. 12151 as amended failed to carry.
(6)
P. R. No. 121S2 - A Resolution Approving The Award Of A
Contract For Construction Of Modular Office To Eagle Pro 1,n
The Amount Of $48,893 For The Port Arthur Business Park
As Approved By The Section 4A Port Arthur Economic
Development Corporation.
The Hayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Bowers and seconded by Councilmember
Hannah that Proposed Resolution No. 12152 be adopted.
Hr. Bill Diamond of Diamond Consulting, The Woodlands, Texas, appeared before the
Council and discussed the modular office building.
Section 4A Economic Development Corporation Executive Director [ke Hills appeared
before the Council to comment on the proposed project.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
12152:
Councilmember Barker
Councilmember Bowers
Councilmember Chaisson
Councilmember Gillam
Councilmember Hannah
Councilmember Linden
Councilmember Sinegal
Mayor Ortiz
"Yes"
"Yes"
"No"
"Yes"
"Yes"
"Yes"
"Yes"
"Yes"
Proposed Resolution No. 12~52 was adonted becoming Resolution No. 03-108.
The caption of Resolution No. 03-108 reads as follows:
RESOLUT1,ON NO. 03-108
A RESOLUT1,ON APPROV1,NG THE AWARD OF A
CONTRACT FOR CONSTRUCT1,ON OF MODULAR
OFFI'CE TO EAGLE PRO TN THE AMOUNT OF
$48,893 FOR THE PORT ARTHUR BUSZNESS
PARK AS APPROVED BY THE SECTTON 4A PORT
ARTHUR ECONOMTC DEVELOPMENT
CORPORATZON.
City Council Minutes April 29, 2003 6
(9) P. R. No. 12159 A Resolution Approving Sewer
Adjustments To Certain Utility Accounts,
T~he Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Counciimember Bowers and seconded by Councilmember
Linden that Proposed Resolution No. 12159 be adopted excluding 8900 S. Gulfway Drive.
Utilities Operations Director Dan Shepherd appeared before the Council and gave his
recommendation.
Proposed Resolution No. 12159 was adopted becoming Resolution No. 03-109.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Gillam, Linden, Bowers,
Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 03-109 reads as follows:
RESOLUTTON NO. 03-109
A RESOLUTI*ON APPROVt'NG SEWER
AD.]USTMENTS TO CERTAI'N UTI'L?TY
ACCOUNTS.
(8)
P. R. No. 12154 - A Resolution Approving The Agreement
For Gas Services With Texas Gas Service A Division Of
ONEOK Not To Exceed $165,200 For The Port Arthur
Business Park As Approved By The Section 4A Port Arthur
Economic Development Corporation.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Linden and seconded by Councilmember
Barker that Proposed Resolution No. 12154 be adopted.
Mr. Bill Diamond of Diamond Consulting, The Woodlands, Texas, appeared before the
Council and gave an overview of the proposed gas service agreement for the Business
Park.
Proposed Resolution No. 12154 was adopted becoming Resolution No. 03-110.
Voting Yes: Mayor Ortiz; Councilmember Hannah, Barker, Linden, Bowers, Sinegal.
Voting No: Councilmembers Gillam and Chaisson.
The caption of Resolution No. 03-110 reads as follows:
RESOLUTTON NO. 03-110
A RESOLUTION APPROVING THE AGREEMENT
FOR GAS SERVICES WITH TEXAS GAS SERVICE
A DIVISION OF ONEOK NOT TO EXCEED
$165,200 FOR THE PORT ARTHUR BUSZNESS
PARK AS APPROVED BY THE SECTION 4A PORT
ARTHUR ECONOMIC DEVELOPMENT
CORPORATION.
City Council Minutes April 29, 2003 7
(12)
P. R. No. 12162 - A Resolution Awarding A Bid For Planing
And/Or Texturing Of Pavement To And Authorizing The City
Of Port Arthur City Manager To Execute A Contract With
Forde Construction Company, tnc., Of Houston, Texas At
The Unit Cost Of $4,000 Per Day. Funding ts Available tn
The FY 2003 Public Works - Street Division Account Nos.
001-1203-531.36/51/86/86-01.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Bowers and seconded by Councilmember
Barker that Proposed Resolution No. 12162 be adopted.
The City Manager commented on the above-mentioned project.
Proposed Resolution No. 12162 was adopted becoming Resolution No. 03-111.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Gillam, Linden, Bowers,
Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No: 03-111 reads as follows:
RESOLUTtON NO. 03-111
A RESOLUTtON AWARDI'NG A BtD FOR
PLANING AND/OR TEXTURI'NG OF PAVEMENT
TO AND AUTHORTZTNG THE CTTY OF PORT
ARTHUR CiTY MANAGER TO EXECUTE A
CONTRACT WITH FORDE CONSTRUCTtON
COMPANY, tNC., OF HOUSTON, TEXAS AT THE
UNIT COST OF $4,000 PER DAY. FUNDtNG tS
AVAtLABLE tN THE FY 2003 PUBLtC WORKS -
STREET DtVISZON ACCOUNT NOS. 001-1203-
531.36/51/86/86-01.
A. Resolutions - Non-Consent
(1)
P. R. No. 12155 - A Resolution Approving The Agreement
For Power Seruices With Entergy Zn The Amount Of
$351,000 For The Port Arthur Business Park As Approved By
The Section 4A Port Arthur Economic Development
Corporation.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Linden and seconded by Councilmember
Barker that Proposed Resolution No. 12155 be adopted.
Mr. Bill Diamond of Diamond Consulting, The Woodlands, Texas, appeared before the
Council and discussed the costs of the agreement for power services with Entergy for
the Business Park.
Mr. Bill Hughes, Project Manager of Schaumburg & Polk, Beaumont, Texas, appeared
before the Council and commented on the initial budget and the access road.
Proposed Resolution No. 12155 was adopted becoming Resolution No. 03-112.
City Council Minutes April 29, 2003 8
Voting Yes: Councilmembers Hannah, Barker, Gillam, Linden, Bowers and Sinegal.
Voting No: Mayor Ortiz and Councilmember Chaisson.
The caption of Resolution No. 03-112 reads as follows:
RESOLUTION NO. 03-112
A RESOLUTION APPROVING THE AGREEMENT
FOR POWER SERVICES WITH ENTERGY IN THE
AMOUNT OF $351,000 FOR THE PORT ARTHUR
BUSINESS PARK AS APPROVED BY THE
SECTION 4A PORT ARTH UR ECONOMIC
DEVELOPMENT CORPORATION.
(2)
P. R. No. 12156 - A Resolution Appointing A Negotiation
Team Under Chapter 174 Of The Texas Local Government
Code Annotated To Conduct Collective Bargaining With The
Bargaining Agent Of The Port Arthur Police Association Of
The City Of Port Arthur Police Department.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Bowers and seconded by Councilmember
Barker that Proposed Resolution No. 12156 be adopted.
The City Manager commented on the negotiation team.
Proposed Resolution No. 12156 was adopted becoming Resolution No. 03-113.
Voting Yes: Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and
Sinega
Voting No: Mayor Ortiz.
The caption of Resolution No. 03-113 reads as follows:
RESOLUTION NO. 03-113
A RESOLUTION APPOINTING A NEGOTIATION
TEAM UNDER CHAPTER 174 OF THE TEXAS
LOCAL GOVERNMENT CODE ANNOTATED TO
CONDUCT COLLECTIVE BARGAINING WITH THE
BARGAINING AGENT OF THE PORT ARTHUR
POLICE ASSOCIATION OF THE CITY OF PORT
ARTHUR POLICE DEPARTMENT.
(3)
P. R. No. 12158 - A Resolution Withdrawing City Of Port
Arthur Support For The TxDOT-Funded Hike And Bike Trail
Project On Thomas Boulevard From Houston Avenue To
Woodworth Boulevard, Account No. 303-1603-591.89-00,
CTP 507.
The Mayor introduced the above-mentioned Prooosed Resolution.
The motion was made by Councilmember Linden and seconded by Councilmember
Bowers that Proposed Resolution No. 12:[58 be adopted.
The City Manager commented on the Hike A Bike Trail project.
City Council Minutes April 29, 2003 9
Upon the motion of Councilmember Gillam, seconded by Councilmember Sinegal and
carried unanimously, Proposed Resolution No. 12158 was tabled.
, (4) P.R. No. 12176 - A Resolution In Honor Of Lucian Adams.
(Requested By Councilmember Bowers)
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Bowers, seconded by Councilmember Chaisson and
carried unanimously, Proposed Resolution No. 12176 was tabled until the family can be
in attendance.
The City Council recessed their meeting at 11:37 a.m. and reconvened at 1:41 p.m. with
the following members present: Mayor Ortiz; Councilmembers Hannah, Barker, Gillam,
Linden, Bowers, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green
and City Attorney Sokolow.
With the permission of the Council, Mayor Ortiz presented each student participating in
Student Day In Government with a City Pin and Key to the City.
The City Council recessed their meeting at 1:47 p.m. to meet in a Joint Special Meeting
with the Section 4A Economic Development Corporation and reconvened their meeting
at 4:49 p.m. with the following members present: Mayor Ortiz; Councilmembers Hannah,
Barker, Bowers and Sinegal; City Manager Fitzgibbons, City Secretary Green and City
Attorney Sokolow.
Councilmember Gillam was present in the audience of the Council Chamber, but later left
the meeting.
VII. ITEMS REQUIRING INDIVIDUAL ACTION (CONTINUED)
C. *Reports And Recommendations
(1) March, 2003 Financial Report
Finance Director Rebecca Underhill presented the above-mentioned report.
(2) Report On Southeast Texas Day Of Encouragement For Our
Military And Families Held April 17, 2003 At The Port Arthur
Civic Center,
The City Manager and Councilmember Linden presented the above-mentioned report.
(3) Report On Landfill Charges (Requested By Councilmember Gl[lam)
The above-mentioned report was held.
(4) Report On Support Letter For Huntsman Fence Line Honitoring
Project
The City Manager presented the above-mentioned report.
(S) Report On Ordinance Pertaining To Moving Houses
The above-mentioned report was held.
City Council Minutes April 29, 2003
10
The Mayor presented Utility Operations Director Dan Shepherd with an Outstanding7
Performance Certifi£ate for quality public drinking water during the period between 1997
and 2001 issued by the Texas Commission of Environmental Quality.
VIII. REPORTS OF BOARDS & COMMITFEES
None
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meetinq:
(1) Section 551.071 Government Code - To Discuss With The
City Attorney The Pending Litigation Of The City Vs. Coastal
Banc~ Et. A/.
(2) Section 551.074 Government
Evaluations Of City Attorney,
Manager.
Code - To Discuss The
City Secretary And City
Mayor Pro Tem Henderson and Councilmember Gillam returned to the meeting during
the Executive Session.
The City Council recessed their meeting at 5:00 p.m. to meet in Executive Sessio~ to
consider the above-mentioned topics, and reconvened their meeting at 5:38 p.m. with
the following members present: IViayor Ortiz; Mayor Pro Tern Henderson;
.Councilmembers Hannah, Barker, Gi[lam, Linden, Bowers and Sinegal; City Manager
Fitzgibbons; City Secretary Green and City Attorney Sokolow.
X. FUTURE AGENDA ITEM S OR REQUESTED REPORTS
None
IX. ADJOURNMENT OF MEETING
Upon the motion of Councilmember Hannah, seconded by Councilmember Bowers and
carried unanimously, the City Council adjourned their meeting at 5:42 p.m.
An audio tape of this meeting is on file i~ the office of the City Secretary and is made a
part of the official minutes of this meeting.
MAYOR
crr'Y SECRETARY
END OF REGULAR MEETING HELD April 29, 2003. APPROVED:
City Council Minutes April 29. 2003 11