HomeMy WebLinkAboutSeptember 16, 2003REGULAR MEETING - September 16, 2003
I. ROLL CALL, INVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, September
16, 2003 at 8:40 a.m. in the City Council Chamber, City Hail, with the following members
present: Mayor Oscar G. Ortiz; Mayor Pro Tern Tom Gillam, III.; Councilmembers Craig
Hannah, Felix A. Barker, Thomas 3. Henderson, Ronnie Thompson and Michael "Shane"
Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline "Van" Green and City
Attorney Mark Sokolow.
The invocation was given by Mayor Ortiz followed by the pledge to the flag.
PROCLAMATIONS & MINUTES
Minutes - Regular Meeting - September 2, 2003
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and
carried unanimously, the Council approved the above-mentioned Minutes.
III. PETITIONS &COMMUNICATIONS
A, Soeake~
(1)
Annie Barkers, Kathleen Fontenot, Camella Williams And Gary
Whitley Regarding Services To Students In A Homeless
Situation In The Port Arthur ISD And Communities In Schools
Program
Mrs. Annie Barkers, P.O. Box 1388, Ms. Camella Williams, 4214 Ferndale and Mr. Gary
Whitley, 3333 Britney Avenue, appeared before the City Council. Mrs. Barkers gave an
overview of the homeless situation in the area and the combined efforts of local
organizations to assist those that find themselves in this unfortunate state. She
announced November 16-22 as National Homeless Week.
(2) Virginia Dudley Schoolfield Regarding Representative
Government
Mrs. Virginia Dudley Schoolfield, 1835 Snider, appeared
expressed her dissatisfaction with the following issues
Economic Development Corporation:
before the City Council and
pertaining to the Section 4A
B,O.S.S. Conference
Port Arthur Redevelopment Initiative
Relocation of the EDC out of City Hall
Racial Composition of the EDC staff
B. Correspondence
None
IV. PUBLIC HEARZNGS- 9:00AM
(1)
To Consider The Proposed Assessments For The Cost Of
Extending Jimmy 3ohnson Boulevard From Its Present Dead-
End West Of Highway 69 To The Rao/Williams Property Line.
The Mayor introduced the above-mentioned public hearing.
The City Attorney presented an overview of the assessment hearing regarding the
appraisal of the property and information on the letter of appraisal and the estimated
value of the Hayes tract before and after construction of the streetIalong with other
details.
The Mayor requested to hear from anyone present in the audience who wished to speak
regarding the above-mentioned assessments.
Mr. Mark Hayes, 3737 Park Lane, appeared before the City Council to speak in opposition
of the assessment and presented documents to be placed into the official records.
Upon the motion of Mayor Pro Tem Gillam, seconded by Councilmember Henderson and
carried unanimously, the City Council closed the Public Hearing at 9:28 a.m.
(2)
To Consider Rezoning Lots 10 And 11, Block 35 Beachway
From Two Family Residential (2F) To Light Commercial (LC).
Applicant: 3esse Marcel; Zoning Case: 03-06.
The Mayor introduced the above-mentioned public hearing.
Planning/Zoning Director Dale Watson appeared before the City Council and presented an
overview of the area under consideration to be rezoned to Light Commercial. He
presented information regarding the purpose of opening several businesses at the
location--including a beauty and nail salon, communication store, fashion store and an
insurance office. He also informed the City Council that the Planning and Zoning Board
denied the request for Light Commercial and Neighborhood Services recommended
approval of the zoning when they met on August 18, 2003.
The Mayor requested to hear from anyone present in the audience who wished to speak
regarding the above-mentioned rezoning.
The following individuals appeared in opposition of the proposed rezoning:
Ms. Claudia Bush, 2921 13th Street
Mr. Walder R. Cummins, 2906 E. 13th Street
Mr. Herald Brach 3ones, .3r., 2913 E. 13m Street
Ms. Pansy Whitmore, 2912 E. 13th Street
Upon the motion of Councilmember Henderson, seconded by Councilmember Thompson
and carried unanimously, the City Council closed the Public Hearing at 9:57 a.m.
The City Manager requested that Planning/Grants Director Watson would explain the
twenty-percent (20%) rule.
Planning/Grants Director Watson stated that: "If twenty-percent (20%) or more of the
owners own property within 200 feet protest, it would take three-fourths of the vote of
the City Council."
VII. ITEMS REQUIRING INDIVIDUAL ACTION
B. Ordinances
(8)
P.O. No. 5359 - An Ordinance Amending Section 30-3 Of The
Code Of Ordinances As It Pertains To Collection Fines, Fees,
Restitution And Other Debts Or Costs.
The City Manager introduced the above-mentioned Proposed Ordinance at the
request of the Mayor to allow Attorney Clayton Mayfield to return to his office.
September 16, 2003- City Council Meeting Minutes
The motion was made by Councilmember Sinegal and seconded by Councilmember Barker
that Proposed Ordinance No. 5359 be adopted.
Mr. Clayton Mayfield, Linebarger Goggan Blair & Sampson, L.L.P., 1148 Park Street,
Beaumont, Texas, appeared before the City Council and explained that the ordinance
authorizes passing the cost of collection to the defendants in "Failure to Appear" cases
and other cases under the new statues that were effective September 1, 2003. He said
that the new ordinance allows the city to receive 100% of its fines and court costs.
Proposed Ordinance No. 5359 was adopted becoming Ordinance No. 03-038.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker,
Henderson, Thompson and Sinegal.
Voting No: None.
The caption of Ordinance No. 03-038 reads as follows:
ORDtNANCE NO. 03-038
AN ORD1~NANCE AMENDING SECTION 30-3 OF
THE CODE OF ORDINANCES AS IT PERTAINS TO
COLLECTION FINES, FEES, RESTTTUTtON AND
OTHER DEBTS OR COSTS.
V. UNF]~NISHED BUSINESS
P. R. NO. 12269 - A Resolution Appointing Members To The City Of
Port Arthur Section 4A Economic Development Corporation Board.
The Hayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tem Gillam and seconded by Councilmember Sinegal
that Proposed Resolution No. 12269 be adopted.
Councilmember Henderson read into the record the name of the following individual as the
nomination for Position 4 of the EDC Board of Directors from the pool of Councilmembers
representing Districts 2, 3 and 6:
Mrs. Deborah Khalajabadi, 2620 Gulfway Drive, Port Arthur, Texas
Councilmember Henderson read into the record the name of the following individual as the
nomination for Position B on the EDC Advisory Board from the pool of Councilmembers
representing Districts 2, 3 and 6:
Mr. Charles "Pete" Herlin, 3300 Birchwood Drive, Port Arthur, Texas
Mayor Ortiz nominated the following individual for Position D of the EDC Advisory Board of
Directors for the pool consisting of himself and Positions 7 and 8:
Mrs. Maria Block, 3435 Woodrow, Port Arthur, Texas
Proposed Resolution No. 12269 was adopted becoming Resolution No. 03-247.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker,
Henderson, Thompson and Sinegal.
Voting No: None.
September 16, 2003- City Council Meeting Minutes 3
The caption of Resolution No. 03-247 reads as follows:
RESOLUT][ON NO. 03-247
A RESOLUTTON APPO][NT][NG MEMBERS TO THE
CTTY OF PORT ARTHUR SECTZON 4A ECONOMTC
DEVELOPMENT CORPORATTON BOARD.
CONSENT AGENDA
Upon the motion of Councilmember Henderson, seconded by Councilmember
Barker and carried unanimously the following Consent Agenda items were adopted
with the exception of Proposed Resolution No. 12325:
Consideration And Approval For The Purchase Of Forty-Three
(43) Additional Commercial Containers To Fuqua Enterprises,
][nc., Of Cleburne, Texas Tn The Amount Of $19,511 For The
Public Works Department (Solid Waste Division).
B. ExDense Accounts:
Mayor Oscar G. Ortiz:
Use Of Personal Auto On City Business,
August, 2003 $ 74.88
Attend Entergy Team City Conference, Conroe, TX
August 27-29, 2003 $ 246.17
Councilmember Felix Barker:
Use Of Personal Auto On City Business,
August, 2003
Attend Entergy Team City Conference, Conroe, TX
August 27-29, 2003
100.00
344.16
Councilmember Tom Henderson:
Use Of Personal Auto On City Business,
3uly & August, 2003
Attend Entergy Team City Conference, Conroe, TX
August 27-29, 2004
$198.00
$ 246.17
Councilmember Tom Gillam, ][][][:
Use Of Personal Auto On City Business,
August, 2003
Attend BOSS Conference ][n Austin, TX
September 3-6, 2003
$100.00
$ 917.20
Councilmember Craig Hannah:
Use Of Personal Auto On City Business,
August, 2003
$100.00
City Manager Steve Fitzgibbons:
Attend Entergy Team City Conference, Conroe, TX,
August 27-28, 2003
$126.17
City Attorney Mark Sokolow:
Use Of Personal Auto On City Business,
September 4, 2003
Attend Entergy Team City Conference, Conroe, TX,
August 27-29, 2003
27.95
227.69
September 16, 2003 - City Council Meeting Minutes 4
Resolutions - Consent
(1) P.R. No. 12311 - A Resolution Requesting That Service Plans
Be Prepared For Tndustrial District Areas.
Proposed Resolution No. 12311 was adopted becoming Resolution No. 03-248.
(2)
P. R. No. 12323 - A Resolution Authorizing The City Manager
To Do All Things Necessary To Execute The Settlement Of The
Personal Tnjury Subrogation Claim Tn The Amount Of
$6,670.66 Made Against Anthony McDaniel And AMCO
Znsurance Agency.
Proposed Resolution No. 12323 was adopted becoming Resolution No. 03-249.
(4)
P. R. No. 12329 - A Resolution Authorizing The City Manager
To Execute A Contract As Follows: One (1) Contract Between
The Port Arthur Pony League Organization And The City Of
Port Arthur For The Use Of Leger Field This Fall.
Proposed Resolution No. 12329 was adopted becoming Resolution No. 03-250.
(5)
P. R. No. 12331 - A Resolution Authorizing The City Manager
To Enter Tnto A Contract With RWL & Associates For Risk
Management Consulting Services At The Not To Exceed Cost
Of $18,000 For The 2003-2004 Fiscal Year. Funding By:
General Liability Tnsurance Fund: 612-1702-581.52-00.
Proposed Resolution No. 12331 was adopted becoming Resolution No. 03-251.
(6)
P. R. No. 12332 - A Resolution Authorizing The City Manager
To Bind The City Of Port Arthur For Windstorm Coverage
(Residential And Commercial). Proposed Funding: General
Liability Insurance Fund 612-1702-581.52.00.
Proposed Resolution No. 12332 was adopted becoming Resolution No. 03-252.
(7)
P. R. No. 12333 - A Resolution Authorizing Application To The
U. S. Department Of ]ustice For Funding Under The Weed And
Seed Program.
Proposed Resolution No. 12333 was adopted becoming Resolution No. 03-253.
(8)
P. R. No. 12334 - A Resolution Amending The FY 2003-04
Contract Between The City Of Port Arthur And The Texas
Department Of Health In Order To Add Attachment No. 05,
Bureau Of Nutrition Services, WIC Card Participation As
Shown By Contract Change Notice No. 4; And Attachment No.
06, Office Of Public Health Practice-Local Public Health
System As Shown By Contract Change Notice No. 05.
Proposed Resolution No. 12334 was adopted becoming Resolution No. 03-254.
(9)
P. R. No. 12338 - A Resolution Authorizing The City Manager
And/Or The Director Of Public Works To Seek An Amendment
To Its Existing Landfill Permit From The Texas Commission
On Environmental Quality To Allow For The Expansion Of The
Port Arthur Landfill.
September 16, 2003 - City Council Meeting Minutes 5
Proposed Resolution No. 12338 was adopted becoming Resolution No. 03-255.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
Consent - Resolution
(3)
P. R. No. 12325 - A Resolution Approving The Payment For
Legal Services To 3im Wimberley, EDC Attorney, For The
IASIS Healthcare Corporation As Approved By The Section 4A
Port Arthur Economic Development Corporation In The
Amount Of $6,960.00.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tern Gillam and seconded by Councilmember
Henderson that Proposed Resolution No. 12325 be adopted.
The City Attorney discussed information pertaining to the IASIS process involving Attorney
3im Wimberley.
EDC Executive Director Ike Mills appeared before the City Council and conveyed that the
EDC Board had approved payment of the invoice.
Mayor Ortiz and Mayor Pro Tern Gillam requested an itemized statement of services and
expenses to validate the invoice.
Upon the motion of Councilmember $inegal, seconded by Mayor Pro Tem Gillam and
carried unanimously, Proposed Resolution No. 12325 was tabled.
VII. ITEMS REQUIRING INDIVIDUALACTIONmNON-CONSENT
A. Resolutions
(1)
P. R. No. 12270 - A Resolution Approving A Contract To
Purchase An Office Building From Basco Construction, Inc.,
Located At 4173 39th Street To The Section 4A Port Arthur
Economic Development Corporation In The Amount Of
$235,000.00; Account No. 120-1429-582.82.00.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tern Gillam and seconded by Councilmember Sinegal
that Proposed Resolution No. 12270 be adopted.
The Mayor requested that Proposed Resolution No. 12270 be tabled. Mayor Pro Tern
Gillam removed the motion to adopt and Councilmember $inegal removed the second.
Councilmember Chaisson arrived at the City Council meeting at 10:23 a.m.
(2)
P. R. No. 12321 - A Resolution Pertaining To Nomination
And/Or Nominations For The Board Of Directors Of The
3efferson County Appraisal District,
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution No. 12321 be adopted.
September 16, 2003 - City Council Meeting Minutes 6
The motion was made by Coun¢ilmember Henderson and seconded by Councilmember
Thompson that Proposed Resolution No. 12321 be amended to cast all 128 votes to
nominee Former Councilmember Robert A. Bowers.
The following roll call vote was taken on the motion to cast all :128 votes to nominee
Robert A. Bowers:
Councilmember Barker
Councilmember Chaisson
Mayor Pro Tem Gillam
Coun¢ilmember Hannah
Councilmember Henderson
Councilmember Sinegal
Councilmember Thompson
Mayor Ortiz
"Yes"
"No"
~No-
"No"
"Yes"
"No"
"Yes"
"Yes"
The motion failed.
The motion was made by Mayor Pro Tem Gillam and seconded by Councilmember Sinegal
that Proposed Resolution No. 1232:1 be amended to cast all :128 votes to nominee Dr, Fred
Mitchell.
The following roll call vote was taken on the motion to amend Proposed Resolution No.
:1232:1:
Councilmember Barker
Coun¢ilmember Chaisson
Mayor Pro Tern Gillam
Councilmember Hannah
Councilmember Henderson
Councilmember Sinegal
Councilmember Thompson
Mayor Ortiz
"Yes"
"Yes"
~Yes"
"Yes'
"Yes'
"Yes"
"Yes"
~'Yes'
Proposed Resolution No. 12321 was adopted becoming Resolution No, 03-256.
The caption of Resolution No, 03-256 reads as follows:
RESOLUTION NO. 03-256
A RESOLUT1~ON PERTAINTNG TO NOMINATION
AND/OR NOf4INATIONS FOR THE BOARD OF
D1~RECTORS OF THE JEFFERSON COUNTY
APPRAISAL DISTRICT.
Councilmember Beard arrived at the City Council meeting at :10:35 a.m.
(3)
P. R. No. 12335 - A Resolution Authorizing The City Manager
Of The City Of Port Arthur To Execute A New Industrial
District Agreement With Onyx.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Barker and seconded by Councilmember Beard
that Proposed Resolution No. 12335 be adopted.
Mayor Pro Tem Gillam left the City Council meeting at 10:44 a.m.
Councilmember Thompson left the City Council meeting at 10:46 a.m.
September 16, 2003 - City Council Meeting Minutes
Planning/Grants Director Dale Watson appeared before the City Council to explain the
purpose of annexing to extend our boundaries further west.
Proposed Resolution No. 12335 was adopted becoming Resolution No. 03-257.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Beard, Chaisson
and $inegal.
Voting No: None.
The caption of Resolution No. 03-257 reads as follows:
RESOLUTION NO. 03-257
A RESOLUTION AUTHOR~ZTNG THE CTTY
MANAGER OF THE CITY OF PORT ARTHUR TO
EXECUTE A NEW iNDUSTRiAL DISTRICT
AGREEMENT WiTH ONYX.
(4)
P. R. No. 12336 - A Resolution Terminating The Mowing
Contracts Between The City Of Port Arthur And Perfect Cut
Lawn Care 4140 Pradice, Beaumont, TX 77705 For Groups I,
iii, V And Vi (Resolution No. 02-351) And Groups ii, And
Vii[ (Resolution No. 03-062); Said Annual Contracts Are For
Mowing Various City Properties, Parks And Right-Of-Ways in
The City.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Barker that Proposed Resolution No. 12336 be adopted.
Councilmember $inegal left the City Council meeting at 10:52 a.m.
Interim Parks and Recreation Director/Human Resources Assistant Director Dr. Albert
Thigpen appeared before the City Council to respond to inquiries regarding the mowing
contracts and the contractor's services.
Proposed Resolution No. 12336 was adopted becoming Resolution No. 03-258.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Beard, and
Chaisson.
Voting No: None.
The caption of Resolution No. 03-258 reads as follows:
RESOLUTION NO. 03-258
A RESOLUTION TERMiNATiNG THE MOWING
CONTRACTS BETWEEN THE CTTY OF PORT
ARTHUR AND PERFECT CUT LAWN CARE 4140
PRADICE, BEAUMONT~ TX 77705 FOR GROUPS I~
iii, V AND Vi (RESOLUTION NO. 02-351) AND
GROUPS II~ AND Viii (RESOLUTION NO. 03-062);
SAiD ANNUAL CONTRACTS ARE FOR MOWING
VAP~OUS CiTY PROPERTIES, PARKS AND R~GHT-
OF-WAYS iN THE CITY.
September 16, 2003 - City Council Meeting Minutes
(5) P.R. No. 12339 - A Resolution Approving The Unpaid Znvoices
Zncurred By The Port Arthur B.O.S.S. Conference As Approved
By The Section 4A Port Arthur Economic Development
Corporation ~n The Amount Of $16,815.17.
The above-mentioned Proposed Resolution was held until after Executive Session.
Councilmember Thompson returned to the City Council meeting at 10:53 a.m.
Mayor Pro Tern Gillam and Councilmember Sinegal returned to the City Council meeting at
10:56 a.m.
(6)
P. R. No. 12341 - A Resolution Rescinding A Commercial
Refuse Disposal Contract Between The City Of Port Arthur,
Texas And Eastex Waste Systems, Znc., Of Beaumont, Texas.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Hannah that Proposed Resolution No. 1234! be adopted.
Public Works Director Leslie McMahen appeared before the Council and provided details
regarding the decision to terminate the city's contract with Eastex Waste Systems, Inc.
Proposed Resolution No. 12341 was adopted becoming Resolution No. 03-259.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah, Barker,
Henderson, Beard, Thompson, Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 03-259 reads as follows:
RESOLUTlrON NO. 03-259
A RESOLUTION RESCINDING A COMHERC/AL
REFUSE D~SPOSAL CONTRACT BETWEEN THE
CTTY OF PORT ARTHUR, TEXAS AND EASTEX
WASTE SYSTEMS, 1NC., OF BEAUf4ONT, TEXAS.
ZX. *CLOSED MEETING (EXECUTTVE SESSION)
(4)
Section 551.071 Government Code - Top Discuss With The
City Attorney Pending Or Prospective Litigation As 1t Pertains
To Mark Hayes And Affiliated Entities
The City Council recessed their meeting at 11:08 a.m. to meet in Executive Session to
consider the above-mentioned topic, and reconvened their meeting at 1~.:46 a.m. with the
following members present: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah,
Barker, Henderson, Beard and Thompson; City Manager Fitzgibbons; City Secretary Green
and City Attorney Sokolow.
The City Council recessed their meeting at 11:47 a.m. and reconvened at 2:05 p.m. with
the following members present: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers
Hannah, Barker, Henderson, Thompson, Chaisson and Sinegal; City Manager Fitzgibbons;
City Secretary Green and City Attorney Sokolow.
Councilmember Beard arrived at the City Council meeting at 2:07 p.m.
September 16, 2003- City Council Meeting Minutes 9
VII, ITEMS REQUIRING INDIVIDUAL ACTION - (CONTINUED)
C. *RePorts And Recommendations
(14) Report On Proposal For A Marketing Plan For The City Of Port
Arthur (Requested By Mayor Pro Tem Gillam)
Mr. Timothy Guillory, 2249 19th Street, presented the above-mentioned report.
A. Resolutions
(7) P.R. No. 12342 - A Resolution Pertaining To The "In Lieu Of
Tax" Payment By The Housing Authority.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Barker that Proposed Resolution No. 12342 be adopted.
Finance Director Rebecca Underhill appeared before the City Council and made comments
regarding the "In Lieu of Tax" agreement between the City of Port Arthur and the Port
Arthur Housing Authority.
Housing Authority Director Cele Quesada, 1949 DeQueen Boulevard, appeared before the
City Council to respond to inquires regarding the request to waive taxes and presented
additional background information.
City Attorney Sokolow explained the "In Lieu of Tax" process.
Mayor Pro Tem Gillam called for a question on the motion to adopt Proposed Resolution
No. 12342.
The motion to adopt Proposed Resolution No. 12342 failed to carry.
TX. *CLOSED MEETING (EXECUTIVE SESSI~ON) - (CONTINUED)
Closed Meetinq:
(1) Section 55:L.072 Government Code - To Discuss The Value Of
Land On The West Side
(2) Section 551.087 Government Code - To Discuss Incentives
For Healthcare, Commercial Business, Retail And Industrial
Prospects
(3) Section 551.071 Government Code - To Discuss With The City
Attorney Prospective Litigation As It Pertains To LNVA
(4) Section 551.071 Government Code - To Discuss With The City
Attorney Pending Or Prospective Litigation As It Pertains To
Hark Hayes And Affiliated Entities
(5) Section 551.071 Government Code - To Discuss With The City
Attorney Ways As To Avoid Possible Litigation As It Pertains
Leonard Mitchell
(6) Section 551.071 Government Code - To Discuss With The City
Attorney Prospective Litigation As It Pertains To The BOSS
Conference and TAMBE
(7) Section 551.071 Government Code - To Discuss With The City
Attorney Procedures As To Avoid Litigation As It Pertains To
The UTI~IB Clinic Closing In Port Arthur
(8) Section 551.072 Government Code - To Discuss The Value Of
Land In The Downtown Area
September 16, 2003- Ci~ Council Meeting Minutes 10
The City Council recessed their meeting at 3:25 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 4:32 p.m. with the
following members present: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah,
Henderson, Thompson, and Chaisson; City Manager Fitzgibbons; City Secretary Green and
City Attorney Sokolow.
Councilmember Beard left the City Council meeting at 3:35 p.m. and did not return.
Councilmember Barker returned to the City Council meeting at 4:35 p.m.
VII. ITEMS REQUIRING INDIVIDUAL ACTION- (CONTINUED)
A. Resolutions
(1)
P. R. No. 12270 - A Resolution Approving A Contract To
Purchase An Office Building From Basco Construction, Inc.,
Located At 4173 39th Street To The Section 4A Port Arthur
Economic Development Corporation In The Amount Of
$235,000.00; Account No. 120-1429-582.82.00.
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Mayor Pro Tern Gillam, seconded by Councilmember Henderson and
carried unanimously, Proposed Resolution No. 12270 was tabled for the Joint/Special
Meeting to be held September 22, 2003 at 5:30 p.m.
(5)
P.R. No. 12339 - A Resolution Approving The Unpaid Invoices
Incurred By The Port Arthur B.O.S.S. Conference As Approved
By The Section 4A Port Arthur Economic Development
Corporation In The Amount Of $16,815.17.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tern Gillam and seconded by Councilmember
Henderson that Proposed Resolution No. 12339 be adopted.
The City Attorney inserted the following language in Section 3: "The EDC shall proceed
with litigation as to obtain reimbursement from the Texas Association of Minority
Enterprises".
Mayor Pro Tem Gillam stated for the record: "We are reimbursing the vendors--the Port
Arthur based vendors--for their services for the conference..."
Proposed Resolution No. 12339 was adopted becoming Resolution No. 03-260.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker,
Henderson, Thompson and Sinegal.
Voting No: Councilmember Chaisson.
The caption of Resolution No. 03-260 reads as follows:
RESOLUTION NO. 03-260
A RESOLUTION APPROVING THE UNPAID
INVOICES INCURRED BY THE PORT ARTHUR
B.O.S.S. CONFERENCE AS APPROVED BY THE
SECTION 4A PORT ARTHUR ECONOMIC
September 16, 2003- City Council Meeting Minutes 11
(s)
DEVELOPMENT CORPORATtON t'N THE AMOUNT
OF $16,815.17.
P. R. No. 12343 - A Resolution Appointing One New Member
TO The Port Arthur Youth Advisory Council.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tem Gillam and seconded
Henderson that Proposed Resolution No. 12343 be adopted.
by Councilmember
Mayor Pro Tem Gillam and Councilmember Henderson withdrew their motion and second
to adopt Proposed Resolution No. 12343 and requested to table the proposed resolution
for the next meeting.
(9) P.R. No. 12:3'?. - A Resolution Creating A Joint Committee
Between The City Of Port Arthur And The Port Of Port Arthur.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tem Gillam and seconded by Councilmember
Henderson that Proposed Resolution No. 12344 be adopted.
Mayor Ortiz appointed Mayor Pro Tem Gillam, Councilmember Henderson and himself to
serve on the Joint Committee between the City of Port Arthur and the Port of Port Arthur.
Proposed Resolution No. 12344 was adopted becoming Resolution No. 03-261.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah, Barker,
Henderson, Thompson, Chaisson and $inegal.
Voting No: None.
The caption of Resolution No. 03-261 reads as follows:
RESOLUTZON NO. 03-261
A RESOLUTZON CREATZNG A JO/NT COMt4ZTrEE
BETWEEN THE CITY OF PORT ARTHUR AND THE
PORT OF PORT ARTHUR.
(10) P. R. No. 12345 - A Resolution Appointing A Member Or
t4embers To The Zoning Board Of Adjustment And Appeals.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem
Gillam that Proposed Resolution No. 12345 be adopted.
City Secretary Green read into the record the recommendation of Planning/Grants Director
Dale Watson, Mr. Ira McNeil, 2109 Cashmere Drive, Port Arthur Texas.
City Attorney Sokolow stated that five (5) positions have expired terms.
Planning/Grants Director Dale Watson appeared before the City Council and recommended
that the following nominees be re-appointed:
September 16, 2003- City Council Meeting Minutes 12
Mr. Danny Inglish, 4048 Dryden Road
Ms. Frances Campbell, 5059 Lakeside Drive
Mr. Johnny Orta, 4203 Philmont
Mr. Eugene Ford, 6026 Reba Drive
Proposed Resolution No. 12345 was adopted appointing the above-mentioned
nominations, becoming Resolution No. 03-262.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker,
Henderson, Thompson, Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 03-262 reads as follows:
RESOLUTION NO. 03-262
A RESOLUTION APPOiNTiNG A MEMBER OR
MEMBERS TO THE ZONING BOARD OF
AD3USTMENT AND APPEALS.
(11) P. R. No. 12346 - A Resolution Adding A Member To The
Beautification Commission. (Requested By Coun¢ilmember
Beard)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tern Gillam and seconded by Councilmember
Henderson that Proposed Resolution No. 12346 be adopted.
The City Secretary read into the record Councilmember Beard's nominee, Mr..lourious
Evans.
Proposed Resolution No. 12346 was adopted appointing the above-mentioned nominee,
becoming Resolution No. 03-263.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker,
Henderson, Thompson, Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 03-263 reads as follows:
RESOLUTION NO. 03-263
A RESOLUTt'ON ADDt'NG A MEMBER TO THE
BEAUTTFICATTON COMMI'SSt'ON. (REC}UESTED BY
COUNC1'LMEMBER BEARD)
B. Ordinances
(1)
P. O. No. 5351 - An Appropriation Ordinance Adopting A
Budget For The Ensuing Fiscal Year Beginning October 1~
2003 And Ending September 30, 2004, in Accordance With
Section 7, Article XII Of The Charter Of The City Of Port
Arthur.
The City Manager introduced the above-mentioned Proposed Ordinance.
September 16, 2003. City Council Meeting Minutes
13
The motion was made by Councilmember Henderson and seconded by Councilmember
Barker that Proposed Ordinance No. 535! be adopted.
Finance Director Rebecca Underhill appeared before the Council to present an overview of
the Proposed Budget.
Councilmember Sinegal spoke of concerns for unification between the City of Port Arthur
and the Port Arthur Independent School District.
The City Manager recommended the City Council select an October date to hold a joint
meeting with officials from the Port Arthur ]~ndependent School District.
Proposed Ordinance No. 535! was adopted becoming Ordinance No. 03-039.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah, Barker,
Henderson, Thompson, Chaisson and Sinegal.
Voting No: None.
The caption of Ordinance No. 03-039 reads as follows:
ORD~'NANCE NO. 03-039
AN APPROPRZATZON ORDZNANCE ADOPTTNG A
BUDGET FOR THE ENSUtNG FtSCAL YEAR
BEGtNNtNG OCTOBER 1, 2003 AND ENDtNG
SEPTEMBER 30, 2004, tN ACCORDANCE WZTH
SECTION 7, ARTtCLE Xtt OF THE CHARTER OF
THE CtTY OF PORT ARTHUR.
(2)
P. O. No. 5352 - An Appropriation Ordinance Approving And
Adopting A Budget For The City Of Port Arthur Section 4A
Economic Development Corporation For The Ensuing Fiscal
Year Beginning October 1, 2003 And Ending September 30,
2004 in Accordance With Section 12.03 Of The Bylaws Of The
Corporation.
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Sinegal and seconded by Mayor Pro Tern Gillam
that Proposed Ordinance No. 5352 be adopted.
EDC Executive Director Ike Mills appeared before the City Council to respond to inquiries
regarding the proposed EDC budget.
Finance Director Rebecca Underhill appeared before the City Council to present an
overview of the proposed EDC budget.
Councilmember Sinegal stated for the record:
Mr. Mills, I support the move to another building and I support you
hiring additional staff. As I have said, almost a year ago, I mean I
wish you would of moved earlier on this because with us discussing
possible retirement incentives and different things. It is kind of like
bringing it up at the wrong time, like I almost did with the Titan
emblem. I just want to get a better feel of what is happening at
the EDC and I would hope that on Monday, if there is enough time,
you would bring some of the things the EDC is involved with and
what the EDC staff is doing. I believe it would be a lot clearer to
September 16, 2003 - City Council Meeting Minutes
14
Council and some of Councilmembers that might have questions.
Also, ! have been in that office and ! pretty much take up that front
room. So, that is one reason T feel you should not so much worry
about a lot of privacy issues of new businesses coming in, space is
an issue.
I am in favor of you moving. At one time you came before Council
and wanted to lease the building, we sent you back saying you
could buy it cheaper. One question I have is that this building
would still be city property. (Mr. Mills responded, "Correct, Sir".)
Bottom line, it is no lose situation for us other than we are
spending the money now and as long as the building is maintained
(! know there are some people that would love to abolish the EDC)
we would own that property and we could resale or lease if we
choose to do so. In reality you are purchasing property for the city
and the EDC will use it. That is what I want to make clear,
because ! feel you need to move into a larger building.
I understand what Councilmember Henderson said about budget
crunch time with job reassignments and retirement incentives. I
want to applaud Mrs. Underhill and the City Manager for finding the
funds for three-percent raises for non-civil service employees.
Councilmember Chaisson left the City Council meeting at 5:39 p.m. and did not return.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
5352:
Councilmember Barker
Mayor Pro Tem Gillam
Councilmember Hannah
Councilmember Henderson
Councilmember Sinegal
Councilmember Thompson
Mayor Ortiz
"No"
"Yes"
"Yes"
"No"
-Yes-
"Yes'
"Yes"
Proposed Ordinance No. 5352 was adopted becoming Ordinance No. 03-040.
The caption of Ordinance No. 03-040 reads as follows:
ORDINANCE NO. 03-040
AN APPROPRZATION ORDTNANCE APPROVING
AND ADOPTING A BUDGET FOR THE CTTY OF
PORT ARTHUR SECTION 4A ECONOMlrC
DEVELOPMENT CORPORATION FOR THE
ENSUING FISCAL YEAR BEGINNING OCTOBER If
2003 AND ENDING SEPTEMBER 30f 2004 tN
ACCORDANCE WITH SECTION 12.03 OF THE
BYLAWS OF THE CORPORATION.
(3)
P. O. No. 5353 - An Ordinance Adopting A Tax Rate For The
Tax Year 2003 (Fiscal Year October 1, 2003 - September 30~
2004).
The City Manager introduced the above-mentioned Proposed Ordinance.
September 16, 2003 - City Council Meeting Minutes 15
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Ordinance No. 5353 be adopted.
Mayor Pro Tem Gillam stated for the record: "We are not increasing the City's taxes,
.lefferson County is the culprit and not the City Fathers. We have kept our rate just as it
has been for the last eleven years. Since ~.992, we have not had a tax increase in the City
of Port Arthur. We ought to be commended and we should give ourselves an applause."
Tnadvertently another motion was made by Mayor Pro 'rem Gillam and seconded by
Councilmember Sinegal, that Proposed Ordinance No. 5353 be adopted.
Proposed Ordinance No. 5353 was adopted becoming Ordinance No. 03-041.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah, Barker,
Thompson, Sinegal.
Voting No: Councilmember Henderson.
The caption of Ordinance No. 03-041 reads as follows:
ORDZNANCE NO. 03-04:L
AN ORDlrNANCE ADOPT1~NG A TAX RATE FOR THE
TAX YEAR 2003 (FtSCAL YEAR OCTOBER :~, 2003 -
SEPTEMBER 30, 2004).
(4)
P. O. No. 5354 - An Ordinance Approving The 2003 Tax Roll
For The Use And Support Of The Municipal Government Of
The City Of Port Arthur; And Providing For The tnterest And
Sinking Fund; And Apportioning Each Levy For A Specific
Purpose.
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Mayor Pro Tem Gillam, seconded by Councilmember Henderson and
carried, Proposed Ordinance No. 5354 was adopted becoming Ordinance No. 03-042.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah, Barker,
Henderson, Thompson and Sinegal.
Voting No: None.
The caption of Ordinance No. 03-042 reads as follows:
ORDtNANCE NO. 03-042
AN ORDtNANCE APPROVtNG THE 2003 TAX ROLL
FOR THE USE AND SUPPORT OF THE MUNtC?PAL
GOVERNMENT OF THE C1~TY OF PORT ARTHUR;
AND PROVtDtNG FOR THE tNTEREST AND
StNKZNG FUND; AND APPORTtONtNG EACH LEVY
FOR A SPECtFtC PURPOSE.
(5)
P. O. No. 5355 - An Ordinance Amending Chapter 42 (Floods)
Of The Code Of Ordinances Of The City Of Port Arthur To
Provide Standards For Shallow Flooding; Punishable As
Provided tn Section 1-13 Of The Code Of Ordinances, As
Amended By Fine Not Exceeding Two Thousand [$2,000.00]
Dollars); And Providing For Publication tn The Official
September 16, 2003 - City Council Meeting Minutes 16
Newspaper Of The City Of Port Arthur And Effective
immediately After Publication Date.
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Henderson and seconded by Councilmember
$inegal that Proposed Ordinance No. 5355 be adopted.
Planning/Grants Director Dale Watson appeared before the City Council to discuss the
proposed ordinance revision.
Proposed Ordinance No. 5355 was adopted becoming Ordinance No. 03-043.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker,
Henderson, Thompson and Sinegal.
Voting No: None.
The caption of Ordinance No. 03-043 reads as follows:
ORDTNANCE NO. 03-043
AN ORDINANCE AMENDING CHAPTER 42
(FLOODS) OF THE CODE OF ORDTNANCES OF THE
C1~TY OF PORT ARTHUR TO PROVIDE STANDARDS
FOR SHALLOW FLOODING; PUNISHABLE AS
PROVIDED iN SECTION 1-13 OF THE CODE OF
ORDINANCES, AS AMENDED BY FiNE NOT
EXCEEDING TWO THOUSAND [$2,000.00]
DOLLARS); AND PROViDiNG FOR PUBLiCATiON
iN THE OFFiCiAL NEWSPAPER OF THE CiTY OF
PORT ARTHUR AND EFFECTIVE iMMEDiATELY
AFTER PUBLTCATION DATE.
(6)
P. O. No. 5357 - An Ordinance Assessing The Cost Of Street
improvements As To Extend Jimmy 3ohnson Boulevard (75m
Street).
The City Manager introduced the above-mentioned Proposed Ordinance.
The City Attorney read into the record the following additional language:
That if Mark Hayes and Parks Commercial Investors settle in
substantially the same terms and in the time tables as described in
Resolution No. 03-246, and in a form to be approved by the City
Attorney, then the City Attorney is authorized to sign a release of
the assessment. Otherwise, the City Attorney is authorized to file
the Ordinance assessing the property in the real estate records and
to deposit funds to take possession of the eight-foot (807 tract as
delineated in the condemnation award so that construction can
commence. The City Attorney is also authorized to appeal this
award.
Upon the motion of Mayor Pro Tem Gillam, seconded by Councilmember Henderson and
carried, Proposed Ordinance No. 5357 was adopted becoming Ordinance No. 03-044.
September 16, 2003- City Council Meeting Minutes 17
Voting Yes:
Voting No:
Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker,
Henderson, Thompson and Sinega.
None.
The caption of Ordinance No. 03-044 reads as follows:
ORDINANCE NO, 03-044
AN ORDI'NANCE ASSESSTNG THE COST OF
STREET ZMPROVEMENTS AS TO EXTEND .]TMMY
.1OHNSON BOULEVARD (75TH STREET).
(7) P. O. No. 5358 An Ordinance Pertaining To The
Water/Sewer Account Of Leonard Mitchell, 3822 4th Street.
The City Manager introduced the above-mentioned Proposed Ordinance.
The City Attorney read into the record the following language to be added as an Exhibit:
Authorizing an adjustment of $1,164.08.
Upon the motion of Mayor Pro Tem Gillam, seconded by Councilmember Henderson and
carried, Proposed Ordinance No. 5358 was adopted becoming Ordinance No. 03-045.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker,
Henderson, Thompson and Sinegal.
Voting No: None.
The caption of Ordinance No. 03-045 reads as follows:
ORDZNANCE NO. 03-045
AN ORDTNANCE PERTATNTNG
WATER/SEWER ACCOUNT OF
MZTCHELL, 3822 4TH STREET.
C. *Reoorts And Recommendations
(.,)
TO THE
LEONARD
Report On Port Arthur's Regional Maternal & Child Health
Program Clinic
Health Director Ernestine Wade presented the above-mentioned report.
(2)
(3)
(4)
(5)
Report On State And Local Regulations Governing Handicap
Vehicles In City Right-Of-Ways And Streets (Requested By
Councilmember Beard)
Report On The City Ordinance Governing Dangerous Animals
(Requested By Councilmember Beard)
Report On The Monitoring Of Grass Cutting Contracts (Requested
By Councilmember Beard)
Report On Additional Signage Designating The City Of Port
Arthur And Pleasure Island On Highway 73 And Spur 214 And
"Caution When Wet" Signage Placed On Highway 73 Along
Main Outfall Canal (Requested By Councilmember Beard)
September 16, 2003- City Council Meeting Minutes 18
(6)
Report On Ensuring Waterway Protection With Homeland Security
Agencies (Requested By Councilmember Beard)
(8) Report On Water Revenues & Expenditures (Requested By
Mayor Pro Tem Gillam And Councilmember Beard)
(9)
Report On A Cost Analysis Review Of The Water Utility Fund
To Determine More Effective Ways To Serve Citizens
(Requested By Councilmember Beard)
(10) Report On Feasibility Of Developing A Water Park (Requested
By Councilmember Beard)
Mayor Ortiz requested that the above-mentioned reports requested by Councilmem§er
Beard be submitted to his office.
(7)
Report On Schedule Of Fines For All City Ordinances
(Requested By Councilmember Barker)
Councilmember Barker accepted the above-mentioned report as written and no formal
presentation is required.
(11) Report On A Breakdown
Initiatives Tn Pursuing
Councilmember Sinegal)
Of Grant Funding And Staff
Grant Funds (Requested By
The above-mentioned report was held.
(12) Report On A Breakdown Of Positions Eliminated From The
Budget And How Those Duties Will Be Assumed (Requested
By Mayor Pro Tern Gillam)
Mayor Pro Tem Gillam accepted the above-mentioned report as written and no formal
presentation is required.
(13) City Of Port Arthur Section 4A Economic Development
Corporation Annual Report
EDC Executive Director Ike Mills requested the above-mentioned report be held until the
Joint/Special meeting on September 22, 2003.
Vl~IZ. REPORTS OF BOARDS & COMMII-FEES
None
X. FUTURE AGENDA TTEMS OR RE(~UESTED REPORTS
Mayor Ortiz and Councilmember Sinegal:
Report on a feasibility study for the expansion and the renovation of the Robert
"Bob" A. Bowers Civic Center.
Councilmember Hannah:
Report on the ordinance pertaining to utility operating procedures pertaining to the
estimation and/or reading of water meters.
September 16, 2003- City Council Meeting Minutes 19
Xt'. AD3OURNMENT OF MEETt'NG
Upon the motion of Mayor Pro Tem Gillam, seconded by Councilmember Sinegal and
carried unanimously, the City Council adjourned their meeting at 6:05 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 OSCAR G. OR'I-JZ
A~E~:
CITY SECRETARY EVANGELINE GREEN
END OF REGULAR MEE-I~NG HELD September 16, 2003. APPROVED:
September 16, 2003 - City Council Meeting Minutes
2O