HomeMy WebLinkAbout(3) MAY 13, 2003-REGULARREGULAR MEETING - May 13, 2003
I. ROLL CALL, INVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, May 13,
2003 at 5:32 p.m. in the City Council Chamber, City Hall, with the following members
present: Mayor Oscar G. Ortiz; Mayor Pro Tern Tom Gillam, IIT; Councilmembers Craig
Hannah, Felix A. Barker, Thomas .1. Henderson, Ronnie Thompson, Rose Chaisson and
Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline
Green and City Attorney Mark T. Sokolow.
Councilmember John Beard, Jr. arrived at the meeting at 5:43 p.m.
The invocation was given by Councilmember Barker followed by the pledge to the flag.
II. PROCLAMATIONS & MINUTES
Minutes - Regular Meeting April 29, 2003
Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and
carried unanimously, the City Council approved the above-mentioned Minutes.
3oint Special Meeting April 29, 2003
Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and
carried unanimously, the City Council approved the above-mentioned Minutes.
III. PETITIONS &COMMUNICATIONS
A. Speakers
(1) Alfred Dominic Regarding African American Children
Mr. Alfred Dominic, 145 W. 15th Street, appeared before the Council and spoke on the
above-mentioned topic.
(2) Elaine LeBlanc Regarding Texas Artist Museum Art Auction
Ms. Elaine LeBlanc, 2860 Soloman, Port Arthur, Texas, and Ms. Faith Sauerwein, 3162
Taft, Groves, Texas, Executive Director of Texas Artists Museum in Port Arthur,
appeared before the Council and spoke on the above-mentioned topic.
(3) Verna Rutherford Regarding ShrimpFest
Mrs. Verna Rutherford, 8138 Heatherbrook, Port Arthur, Texas, appeared before the
Council and spoke on the above-mentioned festival that will be held in downtown Port
Arthur April 15 - April 18, 2003.
(4)
Fernando Ramirez Regarding Creating A Soccer Field To Be
Named After Lucian Adams
Mr. Fernando Ramirez, 2735 Lakeshore Drive, Port Arthur, Texas, and Mr. Raphael
Hernandez, Memorial Soccer Team Coach, appeared before the Council and spoke on
the above-mentioned topic. The location of the four soccer fields is on 60~ Street, right
behind the lake on Highway 69.
(5) Hilton Kelley Regarding Contamination [n Port Arthur
Mr. Hilton Kelley, 1301 Kansas Avenue, Port Arthur, Texas, Founder of the Community
In-power and Development Association, appeared before the Council and spoke on the
above-mentioned subject matter regarding toxic air and water pollution concerns in the
City of Port Arthur.
B, Correspondence
None
V. UNFTNISHED BUSTNESS
A. Resolutions
The City Manager requested that P. R. No. 12158 would be held until a~cer the
presentation of the report titled, "Report on Hike & Bike Trail Project and Safe Routes to
Schools Grant."
(2) P.R. No. 12176 - A Resolution in Honor Of Lucian Adams.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by ¢ouncilmember
Sinegal that Proposed Resolution No. 12176 be adopted.
Mayor Ortiz read the Prooosed Resolution and the memorial that appeared in the
newspaper in remembrance of Mr. Adams.
The following relatives of World War IT and Medal of Honor Recipient Lucian Adams
appeared before the Council to accept the above-mentioned recognition and spoke on
behalf of the family:
Mr. Lawrence Culver, 4531 Graves, Groves, Texas
Mr. Roy Culver, 5230 Park Avenue, Groves, Texas
Former Councilmember Robert A. "Bob" Bowers, 4519 Sunken Court, Port
Arth Hr, Texas
Proposed Resolution No. 12176 was adopte0 becoming Resolution No. 03-127.
Voting Yes: Hayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah, Barker,
Henderson, Bear0, Thompson, Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 03-127 reads as follows:
Bm
RESOLUTZON NO. 03-127
A RESOLUTTON TN HONOR OF LUCTAN
ADAMS.
Ordinance
P. O. No. 5320 - An Ordinance Amending Subsections 78-
269 (c), (d), (e), (f) And (g) Of The Code Of Ordinances For
The City Of Port Arthur Pertaining To Travel Expenses.
The City Manager introduced the above-mentioned Proposed Ordinance.
2
City Council Minutes May 13. 2003
The motion was made by Councilmember Henderson with the insertion of language that
receipts should be required on meals that exceed $60.00 per day, instead of five (5)
dollars per day and seconded by Councilmember Barker that Proposed Ordinance No.
5320 be adopted.
Proposed Ordinance No. 5320 was adopted becoming Ordinance No. 03-023.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker,
Henderson, Beard, Thompson, Chaisson and Sinegal.
Voting No: None.
The caption of Ordinance No. 03-023 reads as follows:
ORDINANCE NO. 03-023
AN ORDINANCE AI~tENDtNG SUBSECTZONS 78-
269 (C), (D), (E), (F) AND (G) OF THE CODE OF
ORDTNANCES FOR THE CITY OF PORT ARTHUR
PERTAt'NI'NG TO TRAVEL EXPENSES.
VZ. CONSENT AGENDA
Upon the motion of Councilmember Henderson, seconded by Councilmember Barker,
and carried unanimously, the following Consent Agenda items were adopted.
Am
Consideration And Approval Of Awarding A Bid For The
Purchase Of One 800 f4HZ Radio System To Kay Electronics
Of Beaumont, Texas ~n The Amount Of $5,212.00 For The
Fire Department.
Bm
Consideration And Approval Of Awarding A Bid For Soil
Stabilization Additives To Soil Stabilization Products Co.,
Inc. Of f4erced, California To Be Utilized By Various City
Departments With Bids tn Effect For Approximately One
Year.
Consideration And Approval Of Awarding A Bid For The
Purchase Of Body Armor To Code Blue Police Supply Of
Beaumont, Texas ~n The Estimated Amount Of $6,336 For
The Police Department.
Consideration And Approval Of Awarding A Bid For The
Purchase Of Hepatitis B Vaccine To King's Pharmacy Of Port
Arthur, Texas Tn The Amount Of $6,384 For The Police
Department.
Consideration And Approval To Purchase The Following:
tnfluenza Vaccine For The 2003-2004 Season tn The
Amount Of $15,820, Pneumonia Vaccine In The Amount Of
Attend Fallen Officer's Memorial/n Austin, Texas,
April 4-S, 2003
181.80
Mayor Pro Tem Gillam, IIX:
Use Of Personal Auto On City Business,
April, 2003
97.92
Councilmember Tom Henderson:
Use Of Personal Auto On City Business,
March - April, 2003
$ 174.96
Councilmember Felix Barker:
Use Of Personal Auto On City Business,
April, 2003
$ 100.00
Resolutions - Consent
(1)
P. R, No. 12188 - A Resolution Authorizing The Third Year Of
The Existing Four (4) Year Contract To GTE Southwest
Tncorporated, DBA Verizon Southwest Of Houston, Texas,
For Maintenance And Service Of The City Of Port Arthur's
Telephone Systems/n The Amount Of $2,157.59 Per Month
Or $25,891.08 Per Year. Funds Are Provided In Various
Departmental Budgets For Fiscal Year 2003.
Proposed Resolution No. 12188 was adopted becoming Resolution No. 03-128,
(2)
P. R. No. 12189 - A Resolution Authorizing The Second Year
Of The Existing Four (4) Year Contract To CCAP, /nc., DBA
Sanserve Building Services Of Beaumont, Texas For
3anitorial Services For City Hail And Annex Buildings/n The
Amount Of $33,953.92. The Two (2) Subsequent Yearly
Contract Renewals /n The Amount Of 3rd Year $35,650.56
And The 4th Year $37,433.04 Will Be At The Discretion Of
City Council. Funds Are Available Tn The FY2003 City Hall
Division Budget, Account No. 001-1206-531.32.00.
Proposea Resolution No, 12189 was adopted becoming Resolution No. 03-129.
(3)
P. R. No. 12190 - A Resolution Authorizing The Third And
Final Year Of The Existing Three (3) Year Contract With
Patriot Security, /nc., Of Nederland, Texas For Security
Guard Service For The Public Works Operations Center And
Garage-Service Center Compound /n The Amount Of
$43,920 Per Year. Proposed Funding: FY 2003 Budget
Accounts No. 001-1201-531.56-00 (66%) And 501-1281-
531.59-00 (34%).
Proposec~ Resolution No. 12190 was adopted becoming Resolution No, 03-130.
(4)
P. R. No. 12191 - A Resolution Authorizing The Acceptance
Of Easements From The Greens On Turtle Creek, LTD For A
Total 0.434 Acres Tract Or Parcel Of Land For Easement
Purposes Situated In And A Part Of That Certain 6.125 Acre
Parcel Of Land 3efferson County, Texas. Said Tract Also
Being A Part of Reserve "E" Of The Fairway Estates Addition
As Recorded /n Volume 14, Page 178 And 179 Of The Map
Records Of Said County. The Purpose Of Easement Is For
4
City Council Minutes May 13, 2003
The Proposed Construction Of A Waterline In The City Of
Port Arthur, Texas.
Proposed Resolution No. 12191 was adopted becoming Resolution No. 03-131.
(s)
P. R. No. 12193 - A Resolution Awarding A Contract To
Enviro Thermal Specialties, Inc. In The Amount Of
$9,984.00, And Authorizing The Execution Of A Contract For
The Asbestos Abatement And Demolition Of One Dangerous
Commercial Structure (748 Texas Avenue) To Be Charged
To Account NO. 301-1601-591.54-00, Project No. CIP909.
Proposed Resolution No. 12193 was adopted becoming Resolution No. 03-132.
(6) P. R. No. 12194 - A Resolution Approving Sewer
Adjustments To Certain Utility Accounts.
Proposed Resolution No. 12194 was adopted becoming Resolution No. 03-133.
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT
A. Resolutions
(1)
P. R. No. 12183 - A Resolution Appointing A Member Or
Members To The Pleasure Island Commission.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Beard that Proposed Resolution No. 12183 be adopted.
Councilmember Beard nominated Mr. Jimmy Whitley, 3533 9th Street, Port Arthur, Texas,
to represent District 5 on the Pleasure Island Commission.
Mr. Jimmy Whitley appeared before the Council to express appreciation for his
nomination.
Proposed Resolution No. 12183 was adopted with Mr. Jimmy Whitley as the District 5
Pleasure Island Commissioner becoming Resolution No. 03-134.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker,
Henderson, Beard, Thompson, Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 03-134 reads as follows:
RESOLUTION NO. 03-134
A RESOLUTION APPOINTING A MEMBER OR
MEMBERS TO THE PLEASURE ISLAND
COMMISSION.
(2)
P. R. No. 12192 - A Resolution Supporting The Preservation
Of Public Transportation Funding As Found In The Existing
Transportation Code.
The Mayor introduced the above-mentioned Proposed Resolution.
5
City Council Minutes May 13, 2003
Upon the motion of Councilmember Henderson, seconded by Councilmember Hannah
and carried, Proposed Resolution No. 12192 was adopted becoming Resolution No. 03-
135.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker,
Henderson, Beard, Thompson, Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 03-135 reads as follows:
RESOLUTION NO. 03-135
A RESOLUTION SUPPORTING THE
PRESERVATTON OF PUBLIC TRANSPORTATION
FUNDING AS FOUND IN THE EXISTING
TRANSPORTATION CODE.
C. *Reports And Recommendations
(1) Report On Possible Sale Of Property Located On Waco And
5th Street (Including The WIC Building) And Sale Of Excess
City Buildings
City Manager Fitzgibbons presented the above-mentioned report.
(:2) Report On The City's Landfill Operations (Requested By
Mayor Pro Tern Gillam)
Public Works Director Leslie McMahen presented the above-mentioned report.
Purchasing Director .]oseph Broussard commented on additional information requested
by Mayor Pro Tem Gillam regarding the above-mentioned subject matter.
(5) Report On City Charges To Dispose Of Land Clearing And
Other Green Waste
Public Works Director Leslie McMahen presented the above-mentioned report.
Councilmember Sinegal left the meeting at 7:00 p.m.
IV, PUBLIC HEARINGS - 7:00PM
To Consider Whether Or Not To Issue A Specific Use Permit
For A Commercial Antenna Support Structure On The North
Side Of Gulfway Drive At Tmhoff Avenue. (Corey J. Rizzo
D.C.: General Dynamics Z03-01)
The Mayor requested to hear from anyone present in the audience who wished to speak
regarding the above-mentioned public hearing.
Mr. Dave Smith, Representative of General Dynamics, appeared and summarized
information on the evaluation of the location, safety issues and the needs for
implementation of the project.
6
City Council Minutes May 13, 2003
Transportation Planner Paul Brown appeared before the Council and presented
background information regarding the location and recommendations of approval from
the Planning and Zoning Commission.
Mayor Ortiz introduced the above-mentioned Public Hearing at 7:08 p.m.
Mr. Corey Rizzo, owner of the property that the proposed commercial antenna structure
will be constructed, also appeared and provided information to the Council on their
questions and concerns.
Upon the motion of Councilmember Barker, seconded by Councilmember Henderson
and carried unanimously, the City Council closed the Public Hearing at 7:17 p.m.
(2)
To Consider Whether Or Not To Issue A Specific Use Permit
For A Commercial Antenna Support Structure On The North
Side Of Highway 365 Approximately 450' West Of Garnet
Avenue. (Glenn Decuir: General Dynamics Z03-02)
Mayor Ortiz introduced the Public Hearing.
Transportation Planner Paul Brown appeared before the Council and gave an overview of
the proposed location of the tower and other relevant information.
Mr. Dave Smith, Representative of General Dynamics, again appeared to answer
questions from the Council regarding the location of the structure and other concerns.
The Mayor requested to hear from anyone present in the audience who wished to speak
regarding the above-mentioned proposed project. No one came forward.
Upon the motion of Councilmember Henderson, seconded by Councilmember Beard and
carried unanimously, the City Council closed the Public Hearing at 7:20 p.m.
(3)
To Consider Whether Or Not To Issue A Pipeline Permit To
ExxonMobil Pipeline Company For A 8.625" Butadiene
Pipeline Within The Corporate Limits Of The City Of Port
Arthur, Texas.
Mayor Ortiz introduced the Public Hearing.
Public Works Director Leslie McMahen appeared before the Council and gave an
overview of the location of the proposed pipeline route and discussed the substance to
be transported.
Ms. Martha Decker, Representative of ExxonMobil Pipeline Company, Houston, Texas,
appeared at Public Works Director McMahen's request and spoke on the regulations of
transporting butadiene and answered questions.
The Mayor requested to hear from anyone present in the audience who wished to speak
regarding the above-mentioned proposed pipeline permit request. No one came
forward.
Public Works Director Leslie McMahen asked to read the following letter of
recommendations from Acting Committee Chairman Alfred Dominic of the Citizens'
Pipeline Advisory Committee:
May 8, 2003
Mayor and City Council
City of Port Arthur
P. O. Box 1089
Port Arthur, Texas 77641
Re: Exxon Mobil Pipeline Company 8.625" Pipeline
7
City Council Minutes May 13, 2003
Dear Mayor and City Council:
The Citizens' Pipeline Advisory Committee met on May 7, 2003 7:00 p.m. at City Hall to
consider the pending permit request by ExxonHobil Pipeline Company for the installation
a new 8.625" butadiene pipeline in the northeastern section of Port Arthur.
Five (5) members of the Committee were present, along with four (4) representatives
from ExxonMobil's Beaumont and Houston offices. Exxon Mobil representatives
presented information concerning the design and construction of the proposed pipeline
from the point it enters Port Arthur near the Pinetop Road/Old Atlantic Road intersection
and continuing to its termination point at the new Sabina Plant adjacent to Highway 366
near Highway 87. The butadiene is being produced at the Sabina Plant and delivered in
the pipeline to other chemical plants in Port Neches.
The Committee discussed the proposed location of the line, the nature of the butadiene
to be carried in the line, the response time in case of an emergency, and the protective
measures that are part of the pipeline's construction and operation. In particular, the
Committee addressed the problem of potential leaks from the line, and told that shut-off
valves will be located on the line within the city.
The Committee feels that all aspects of the proposed construction of the pipeline are in
keeping with the reasonable protection of the public. The Committee voted by a 5-0
margin to recommend that the City Council act favorably on the pipeline permit
requested by ExxonMobil when it is presented for consideration at the May 27, 2003
Council meeting.
It has been a pleasure to once again serve in an advisory capacity to the City Council.
Respectfully submitted,
/s/Alfred Dominic
Acting Committee Chairman
Upon the motion of Councilmember Henderson, seconded by Councilmember Beard
and carried unanimously, the City Council closed the Public Hearing at 7:30 p.m.
Vt'. TTEMS RE(~UTRZNG ZNDTVI'DUAL ACTION--NON-CONSENT
C. *Reports And Recommendations
(4) Report On House Moving Ordinance
Community Services Director Lawrence Baker presented the above-mentioned report.
(3) Report On Hike & Bike Trail Project And Safe Routes To Schools
Grant
Public Works Director Leslie McMahen and Interim Director of Parks & Recreation Dr.
Albert Thigpen presented the above-mentioned report.
V. UNFINZSHED BUSINESS
A. Resolutions
(1)
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,
Ci'P 507.
8
City Council Minutes May 13, 2003
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Barker and secondecJ by Councilmember
Henderson that Proposed Resolution No. 12158 be adopted.
Mayor Pro Tem Gillam left the meeting at 7:53 ;).m.
The following roll call vote was taken on the motion to adopt Proposed Resolution No,
12158:
Councilmember Barker
Councilmember Beard
Councilmember Chaisson
Councilmember Hannah
Councilmember Henderson
Councilmember Thompson
Mayor Ortiz
"Yes"
"No"
"Yes"
"Yes"
"Yes"
"Yes"
"Yes"
Proposed Resolution No. 12158 was adopted becoming Resolution No. 03-136,
The caption of Resolution No. 03-136 reads as follows:
RESOLUTION NO. 03-136
A RESOLUTION WITHDRAWING CITY OF PORT
ARTHUR SUPPORT FOR THE TXDOT FUNDED
HIKE AND BIKE TRAIL PROIECT ON THOMAS
BOULEVARD FROM HOUSTON AVENUE TO
WOODWORTH BOULEVARD, ACCOUNT NO. 303-
1603-591.89-00, CzP 507.
VIII. REPORTS OF BOARDS & COMMITFEES
None
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meetinq:
Section 551.074 Government Code - To Discuss The Evaluations
Of City Attorney, City Secretary And City Manager.
The City Council recessed their meeting at 7:57 p.m. to meet in Executive Session to
consider the above-mentioned topics and reconvened their meeting at 8:08 p.m. with
the following members present: Mayor Ortiz; Councilmembers Hannah, Barker,
Henderson, Beard, Thompson and Chaisson; City Manager Fitzgibbons; City Secretary
Green and City Attorney Sokolow.
X, FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Councilmember Henderson
Requested that the City Attorney place an Executive Session item on the next
Council Meeting Agenda regarding Tres Cabelleros.
IX. AD3OURNMENT OF MEETING
Upon the motion of Councilmember Henderson, seconded by Councilmember Beard and
carried unanimously, the City Council adjourned their meeting at 8:11 p.m.
9
City Council Minutes May 13, 2003
An audio tape of this meeting is on file in the office of the City Secretary and is made a
pa~t of the official minutes of this meeting.
MAYOR
A~E~:
CITY SECRETARY
END OF REGULAR MEEI'ING HELD May 13, 2003. APPROVED:
City Council Minutes May 13. 2003
10