HomeMy WebLinkAbout06/22/04 - REGULAR MEETING REGULAR EE'T .NG - 3une 22, 7.004
t'. ROLL CALL, t'NVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, ,lune 22,
2004 at 8:37 a.m. in the City Council Chamber, City Hall, with the following members
present: Mayor Oscar G. Ortiz; Councilmembers Craig Hannah, Felix A. Barker, Thomas
.1. Henderson, Martin Flood, Ronnie Thompson, Deloris "Bobble" Prince and Michael
"Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline "Van" Green
and City Attorney Mark Sokolow.
Mayor Pro Tem John Beard, Jr. arrived at the meeting at 8:39 a.m.
The invocation was given by Councilmember Ronnie Thompson followed by the pledge
to the flag.
ZZ. PROCLAF4ATIONS & MZNUTES
The Mayor presented the following proclamation:
June 22, 2004 as ".ludy & Skipper Arcenault Day"
Hinutes - Regular Heeting .lune 8, 2004
Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and
carried unanimously, the City Council approved the above-mentioned minutes.
PETITIONS &COr4HUNICAT1~ONS
A. Presentation
Presentation Of The 2004 Port Arthur's Rising Tide Of Youth
Program (P.A.R.T.Y.) Interns And Sponsors
Assistant Human Resource Director Albert Thigpen appeared before the City Council to
conduct the P.A.R.T.Y. presentation. He introduced Ms. Terri Savoy, who is assisting the
Human Resources Department with the administration of the program.
Dr. Thigpen reiterated that the program is a collaborative effort funded by the Port
Arthur Industrial Group, the Texas Workforce Center and administered by the City of
Port Arthur. He further summarized the goals of the program which is designed to
provide employment and enrichment activities--fieldtrips and participation in special
programs.
Each student intern appeared before the City Council and gave self-introductions--
including place of summer employment, school/college classification and future plans.
Mrs. Sue Parsley, Community Relations Representative for Motiva Enterprises, appeared
before the City Council and spoke on behalf of the Port Arthur Industrial Group--a major
sponsor of P.A.R.T.Y. She commended the student interns for their contributions to
businesses and entities participating and stressed the value/importance of the program.
B. S~eakers
Waleed Kahn Regarding Proposal For Water Bill At Brittany Place
- NOT PRESENT
(2) Ed Boone Regarding Country Club Estates Dis-Annexation
Mr. Ed Boone, 108 Taylor's Cove, Beaumont, Texas, appeared before the City Council in
support of the proposed dis-annexation of the Country Club Estates.
(2) Phil Owens Regarding Country Club Estates Dis-Annexation - gOT
PRESENT
C. Correspondence - None
VII, ITEMS REQUIRING INDIVIDUAL ACTION - NON CONSENT
(5) P. R, No. 12687 - A Resolution Confirming The Appointment
Of The Fire Chief Of The City Of Port Arthur.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Thompson that Proposed Resolution No. 12687 be adopted.
Newly appointed Fire Chief Larry Richard appeared before the City Council to express his
appreciation for the opportunity in becoming fire chief in his hometown, and he
introduced his spouse and family members present at the meeting.
Proposed Resolution No. 12687 was adopted becoming Resolution No. 04-174.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-174 reads as follows:
RESOLUTION NO. 04-174
A RESOLUTION CONFIRMING THE APPOINTMENT
OF THE FIRE CHIEF OF THE CITY OF PORT ARTHUR.
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meetina:
(1) Section 551.071, 551.074 And 551.087 Government Code -
To Discuss The Duties And Responsibilities Of The City
Attorney As It Pertains To The City Of Port Arthur Section
4A Economic Development Corporation, Its Claims Against
Companies That Default In Their Incentive Agreements, As
Well As The Processing Of Proposed EDC Incentive Projects
And As To Policy Compliance.
(2) Section 551.071 Government Code - To Discuss With The
City Attorney Prospective Litigation As It Pertains To
Kaufman.
(3) Section 551.071 Government Code - To Discuss With The
City Attorney Prospective Litigation As It Pertains To Officer
McCullough.
(4) Section 551.072 Government Code - To Discuss The Value
Of Land As It Pertains To South 52 Feet Of Lots 13 & 14 And
Lots 15-19, Block 1, Schmyser 3.
(5) Section 551.07! Government Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To Brittany
Place Apartments.
(6) Section 551.071 Government Code - To Discuss With The
City Attorney Prospective Litigation As It Pertains To
Housing Opportunities Of Texas ("HOT").
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Ci~/Council Minutes June 22, 200~-
Section 551.071 Government Code - To Discuss With The
City Attorney Prospective Litigation A,s It Pertains To
Southeast Texas Community Development Corporation
("SETCDC").
The City Council recessed their meeting at 9:02 a.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 10:57 a.m. with
the following members present: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers
Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal.
As per recommendation of the City Attorney, the following items were acted upon in
Open Session by the City Council:
(3) Section 551.071 Government Code - To Discuss With The
City Attorney Prospective Litigation As It Pertains To
Kaufman.
A motion made by Mayor Pro Tern Beard and seconded by Councilmember Flood to
approve the settlement of $25,000 to Mr. Kaufman carried over the dissenting vote of
Counciimember Sinegal.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson and Prince.
Voting No: Councilmember Sinegal.
(6) Section 551.071 Government Code - To Discuss With The
City Attorney Prospective Litigation As Zt Pertains To
Housing Opportunities Of Texas ("HOTS).
A motion made by Mayor Pro Tem Beard and seconded by Councilmember Henderson,
to authorize the City Attorney to pursue litigation and/or legal action as necessary as it
pertains to Housing Opportunities of Texas (HOT), and carried unanimously.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
(7) Section 551.071 Government Code - To Discuss With The
City Attorney Prospective Litigation As It Pertains To
Southeast Texas Community Development Corporation
("SETCDC'~.
A motion made by Mayor Pro Tern Beard and seconded by Councilmember Henderson,
to authorize the City Attorney to pursue litigation and/or legal action as necessary as it
pertains to Southeast Texas Community Development Corporation (SETCDC), and
carried unanimously.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
IV. PUBLIC HEARING - 9:00 A.M.
To Consider Whether Or Not To Tssue A Specific Use Permit For A
140' Telecommunications Monopole Support Structure On The
East Side Of Twin City Highway (Highway 347)
Approximately 600 Feet North Of The Intersection Of 3immy 3ohnson
City Council Minutes .June 22, 2004
Boulevard And Twin City Highway (Highway 347) 7730 North
Twin City Highway; Applicant: VoiceStream Houston, Inc., (Z04-
o2).
The Mayor introduced the above-mentioned Public Hearing at 11:01 a.m.
Planning/Grants Director Dale Watson appeared before the City Council and gave an
overview of the proposed location and specifics regarding the request for approval of a
specific use permit to construct a 140-foot monopole support tower for use in cell phone
communications.
The Mayor requested to hear from anyone present in the audience who wished to speak
regarding the above-mentioned proposed telecommunications tower project.
The following individuals appeared to address the City Council:
Mrs. Mary White, 7700 Twin City Highway, Port Arthur, Texas
Mr. Dave Petrakovitz, T-Mobile/Voice Stream Houston, Inc. Representative,
Two Greenway Plaza, Suite 1100, Houston, Texas 77046
Mr. Brian Castleman, T-Mobile/Voice Stream Houston, Inc. Senior Design
Engineer, Two Greenway Plaza, Suite 1100, Houston, Texas 77046
Mr. Peter Salinas, 3109 Madison, Port Neches, Texas
Mr..loe Salinas, 2536 9~h Street, Port Neches, Texas
Mr. Raymond Hilton, 501 Drawhom Dr., Port Neches, Texas
Mr. Frank Salinas, 7740 Twin City Highway, Port Arthur, Texas
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal
and carried unanimously, the City Council closed the Public Hearing at 11:34 a.m.
The City Council recessed their meeting at 11:35 a.m. and reconvened at 1:15 p.m. with
the following members present Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers
Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal; City Manager
Fitzgibbons; City Secretary Green and City Attorney Sokolow.
V. UNFZNISHED BUSINESS
Ordinance
P. O. No. 5396 - An Ordinance Releasing A Portion Of The City's
Extraterritorial 3urisdiction And De-Annexing A Portion Of The
City's Land Along Taylor's Bayou That It Had Annexed For A
Limited Purpose In 1913; All As Requested By The Taylor's
Landing Homeowner's Association.
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Henderson and seconded by Councilmember
Thompson that Proposed Ordinance No. 5396 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
5396:
Councilmember Barker "No"
Mayor Pro Tern Beard "No"
Councilmember Flood ~No"
Councilmember Hannah "No"
Councilmember Henderson "Yes"
Councilmember Prince "No"
Councilmember Sinegal "No"
Councilmember Thompson "Yes"
Mayor Ortiz "No"
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City Council Minutes .lune 22, 200't
The motion to adopt Proposed Ordinance No. 5396 failed.
Resolution
P. R. No. 12671 - A Resolution Authorizing The City I~lanager And
The City Attorney To Purchase Property Described As A Part (100'
X 100') Of Lot Number Nine In Block Number Seven Of The Port
Acres Addition And Accept A Water Utility Easement (15' X 370')
On The Same Property In The Total Amount Of $3,000.00, And To
Execute The Closing Documents. Account No. 427-1626-532.83-
00, Project No. 427004.
The IVlayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution No. 12671 be adopted.
The City Manager discussed Saint John's United Methodist Church change in position and
recommended the City Council reject the above-mentioned Proposed Resolution.
The motion to adopt Proposed Resolution No. 12671 failed by unanimous vote.
VT. CONSENT AGENDA
Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and
unanimously carried, the following Consent Agenda items were adopted with the
exception of Item B. and Proposed Resolutions No. 12681, 12684 and 12693:
A. Consideration And Approval Of Payment To Dyna$ource,
:~nc., In The Amount Of $7,080.00 For Annual I~laintenance
On The LaserFiche Software For The Period August 1, 2004
Through July 31, 2005.
C. Consideration And Approval Of Awarding A Bid For The
Purchase Of One (1) Submersible Sewage Pump To Delta
Process Equipment Co. Inc., Of The Woodlands, Texas, In
The Amount Of $6,647.34 For The Utility Operations
Department (Wastewater Conveyance Division).
D. Consideration And Approval Of Payment To Stoneburner
Verret Electrical Company In An Amount Not To Exceed
$22,103.61 For The Repair Of Light Poles At Adams Park
(Church Field).
E. Expense Accounts
None
Resolutions - Consent
(2) P.R. No. 12682 - A Resolution Authorizing The City f4anager
To Execute A Professional Services Contract With Compu-
Tech, Inc., To Provide Site Support Services For The City Of
Port Arthur's f4ainframe (A/S 400) Computer Systems For
One Year At An Amount Not To Exceed $9,000. Account No.
001-1031-515.54-00.
Proposed Resolution No. 12682 was adopted becoming Resolution No. 04-175.
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City Council Minutes 3une 22, 2004
P.R. No. 12683 - A Resolution Pertaining To The License To
Use Agreement Between The City Of Port A. rthur A, nd IA. SIS
Healthcare Corporation And/Or The Medical Center Of
Southeast Texas, LP For The Znstallation Of A Sign.
Proposed Resolution No. 12683 was adopted becoming Resolution No. 04-176.
(6) P.R. No. 12694 - A Resolution Calling A Public Hearing To
Consider Whether Or Not To Abandon That Portion Of
Stilwell Boulevard Between Lakeshore Drive And Procter
Street.
Proposed Resolution No. 12694 was adopted becoming Resolution No. 04-177.
(7) P. R. No. 126gs A Resolution Awarding A Bid And
Authorizing The Execution Of A Contract To .loey's Tractor
Service For Grass Cutting Services Of Privately-Owned And
City-Owned Vacant Lots Zn An Area Of The City Designated
As Area A, To Be Charged To Account No. 001-1401-551.59-
00.
Proposed Resolution No. 12695 was adopted becoming Resolution No. 04-178.
(8) P. R. No. 12696 A Resolution Awarding A Bid And
Authorizing The Execution Of A Contract To .loey's Tractor
Service For Grass Cutting Services Of Privately-Owned And
City-Owned Developed Lots In An Area Of The City
Designated As Area A, To Be Charged To Account No. 001-
1401-SS1.Sg-00.
Proposed Resolution No. 12696 was adopted becoming Resolution No. 04-179.
(g) P. R. No. 12698 A Resolution Awarding A Bid And
Authorizing The Execution Of A Contract To Trey's Tractor
Service For Grass Cutting Services Of Privataly-Owned And
City-Owned Developed Lots :In An Area Of The City
Designated As Area C, To Be Charged To Account No. 001-
140Z-SSZ.Sg-O0.
Proposed Resolution No. 12698 was adopted becoming Resolution No. 04-180.
(10) P. R. No. 12699 - A Resolution Awarding A Bid And
Authorizing The Execution Of A Contract To KB's Total Lawn
Service For Grass Cutting Services Of Privately-Owned And
City-Owned Developed Lots :In An Area Of The City
Designated As Area D, To Be Charged To Account No. 001-
1401-SS1.S9-00.
Proposed Resolution No. 12699 was adopted becoming Resolution No. 04-181.
(11) P.R. No. 12702 - A Resolution Establishing A Covenant For
The Port Arthur City Council For The Year 2004. (Requested
By Mayor Pro Tern Beard, Councilmember Prince And
Councilmember Sinegal).
Proposed Resolution No. 12702 was adopted becoming Resolution No. 04-182.
(12) P.R. No. 12708 - A Resolution Authorizing A Change Order
For Additional Work To The Contract For Repair Of The
Balcony Banister At Rise Hill Manor (Account No. 00:L-1207-
531.39-00)
6
City Council Ninutes ~lune 22, 2004
Proposed Resolution No. 12708 was adopted becoming Resolution No. 04-183.
(:L3) P. R. No. 1.2709 - A Resolution Authorizing A Change Order
For Additional Work To The Contract For Repair Of The
Porch At Rose Hill Manor (Account No. 00:~-1.207-53:~.39-
00)
Proposed Resolution No. 12709 was adopted becoming Resolution No. 04-184.
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT
Consent
B. Consideration And Approval Of Payment To Pierce
Manufacturing, Inc., Of Appleton, Wisconsin Tn The Amount
Of $35,071..00 For Emergency Repairs To A 2003 Pierce
Pumper Truck (Equipment #151.6) For The Fire Department.
The Mayor introduced the above-mentioned Item.
The motion was made by Councilmember Henderson and seconded by Councilmember
Barker that proposed Ttem B. be approved.
The City Manager explained the difference between the monetary amount in Item B. and
the monetary amount in Proposed Resolution No. 12681 to settle the claim regarding
property damage to a city fire truck.
Transportation Director Tom Kestranek appeared before the City Council and elaborated
on the damages and transportation costs that necessitated additional charges.
The City Council unanimously approved Item B.
(1) P.R. No. 1.2681. - A Resolution Authorizing The City Manager
To Do All Things Necessary To Execute The Settlement Of A
Claim In The Amount Of $29~887.00 Made Against Texas
Municipal League Intergovernmental Risk Pool (TML) As A
Result Of The Property Damage Claim To City Fire Truck
(Vehicle #1.516).
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal
and carried unanimously, Proposed Resolution No. 12681 was adopted becoming
Resolution No. 04-185.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-185 reads as follows:
RESOLUTION NO. 04485
A RESOLUTION AUTHORIZING THE CTTY
MANAGER TO DO ALL THINGS NECESSARY TO
EXECUTE THE SEI'rLEMENT OF A CLAIM IN THE
AMOUNT OF $29~887.00 MADE AGAINST TEXAS
MUNICIPAL LEAGUE INTERGOVERNMENTAL
RISK POOL (TML) AS A RESULT OF THE
7
City Counci~ Minutes 3une 22, 2004
PROPERTY DAMAGE CLAZM TO CZTY FZRE
TRUCK (VEHICLE #1516}.
(4) P.R. NO. 12684 - A Resolution Authorizing The Execution
And Delivery Of A Master Lease Agreement For $505,000
For The Purchase Of A Telephone System For City Hall,
Operations Center, Police And Fire Departments, And
Related Znstruments, And Determining Other Matters Zn
Connection Therewith.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution No. 12684 be adopted.
The City Manager explained that the Proposed Resolution is one of three agenda items--
the authorization of the lease, a budget amendment to put the money in the budget and
an item to buy the system.
Purchasing Director Joseph Broussard appeared before the City Council and explained
that the proposed system can be installed within 60-days and that training will be
provided as the installation progresses.
The City Manager conveyed that 22-year-old telephone system is unrepairable, that a
guaranteed maintenance contract could not be obtained and that spare parts cannot be
purchased. He presented examples of the city being placed at risk and vulnerable if the
system crashes during an emergency.
Finance Director Rebecca Underhill appeared before the City Council to explain the
method proposed for funding the new telephone system through a bank lease purchase
agreement through Bank Leasing, Inc., as recommended by the city's depository bank--
Texas State Bank. She said that the city is borrowing the money through the lease to
pay for the telephone system rather than leasing from Southwestern Bell, someone else
or paying in cash. The Finance Director also stated that the city is borrowing the money
at 3.9% interest to be paid over seven (7) years.
Mr. 3. C. Krantz, Sales Manager of Nortel Networks, appeared before the City Council
and answered questions regarding maintenance of the Nortel Network system, hardware
components, and a seven-year expectation of the system. He said that the proposed
system is the largest system in use in the world today.
The City Attorney commented that technically, the agreement has a one-year warranty
plus maintenance agreements for the second and third year.
Proposed Resolution No. 12684 was adopted becoming Resolution No. 04-186.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-186 reads as follows:
RESOLUTTON NO. 04-186
A RESOLUTZON AUTHORZZI'NG THE EXECUT]'ON
AND DELi'VERY OF A MASTER LEASE
AGREEMENT FOR $505,000 FOR THE PURCHASE
OF A TELEPHONE SYSTEM FOR CITY HALL,
OPERAT]'ONS CENTER, POLTCE AND F'rRE
DEPARTMENTS, AND RELATED t'NSTRUMENTS,
City Council Minutes 3une 22, 200~*
AND DETERHZNZNG OTHER HATTERS ZN
CONNECTION THEREWITH.
(5) P.R. NO. 12693 - A Resolution Approving An Amendment To
The Contract Between The City Of Port Arthur And Texas
Department Of Health For Attachment 0lA, Immunization
Division, To Increase Financial Assistance By $12,853.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Thompson that Proposed Resolution No. 12693 be adopted.
The City Manager explained that the Texas Department of Health would provide funding.
Proposed Resolution No. 12693 was adopted becoming Resolution No. 04-187.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-187 reads as follows:
RESOLUTTON NO. 04-187
A RESOLUTION APPROVING AN AMENDHENT
TO THE CONTRACT BETWEEN THE CTTY OF
PORT ARTHUR AND TEXAS DEPARTMENT OF
HEALTH FOR ATTACHMENT 0lA,
IMMUNIZATION DIVISION, TO INCREASE
FINANCIAL ASSISTANCE BY $12,853.
A. Resolutions
(1) P.R. No. 12676 - A Resolution Authorizing The City Manager
To Sign An Agreement With SBC And DJgJVoiceXe For New
Communication Equipment.
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and
carried, Proposed Resolution No. 12676 was adopted becoming Resolution No. 04-188.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-188 reads as follows:
RESOLUTTON NO. 04-188
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO SIGN AN AGREEMENT WITH SBC
AND DIGIVOTCEXE FOR NEW COMMUNICATION
EQUIPMENT.
(2) P.R. NO. 12679 - A Resolution Authorizing The City Manager
Of The Cib/ Of Port Arthur To Execute A Certificate Of
Acceptance For Ownership, Operation And Maintenance Of All
City Council Minutes ]une 22, 2004
Street Pavement, Storm Sewer Lines And Drainage
Structures For Park Central Boulevard, Also Known As
Medical Center Boulevard, Located Tn The City Of Port
Arthur.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution No. 12679 be adopted.
The City Attorney read the following correspondence into the record:
June 1, 2004
Mr. Tke Mills
Executive Director
Port Arthur Economic Development Corporation
PO Box 3934
Port Arthur, TX 77642
RE: Revision to previous letter
Port Arthur Economic Development Corporation/IASIS
Project
Dear [ke,
This letter shall serve as follow up to our 4-27-04 meeting at City Hall to
discuss the opening of Jimmy 3ohnson Boulevard and Medical Center
Boulevard. The purpose is to provide direct access to L&SIS' General
Contractor and Subcontractors for the construction of the Hospital and to
LSI and their Subcontractors for the construction of the Medical Office
Building.
As stated in the meeting, ]~ASTS' General Contractor shall repair any
damage to curb and gutter or roadways on both Jimmy 3ohnson Boulevard
and on Medical Center Boulevard caused by the use of Jimmy Johnson
Boulevard and Medical Center Boulevard over and above normal wear and
tear.
Should you have any questions, please do not hesitate to give me a call.
Sincerely,
/s/Joev L. Abney
]oey L. Abney
IASIS Healthcare Corporation
Vice President, Design & Construction
cc: Mark Sokolow, Port Arthur City Attorney
Acting Public Works Director John Comeaux appeared before the City Council and
responded to questions regarding the roadway leading to the IASIS site. He explained
the responsibilities of the contractor and procedures for payment upon job completion;
components not yet substantially complete such as the streetlights. The Acting Public
Works Director reiterated that the roadway is substantially complete and that the access
is controlled by IASIS Healthcare Corporation.
Consultant Rueben Brown appeared before the City Council and commented on the
agreement clauses and stated that the projected completion date is on target at this
timo not late, not early.
10
City Council Minutes .lune 22, 2004
Proposed Resolution No. 12679 was adopted becoming Resolution No. 04-189.
Voting Yes: Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson,
Flood, Thompson, Prince and Sinegal.
Voting No: Mayor Ortiz.
The caption of Resolution No. 04-189 reads as follows:
RESOLUTZON NO. 04-189
A RESOLUTION AUTHORZZ[NG THE CITY
MANAGER OF THE C~TY OF PORT ARTHUR TO
EXECUTE A CERT[F[CATE OF ACCEPTANCE FOR
OWNERSHIP, OPERATION AND MAZNTENANCE
OF ALL STREET PAVEMENT, STORM SEWER
LTNES AND DRAZNAGE STRUCTURES FOR PARK
CENTRAL BOULEVARD, ALSO KNOWN AS
MED:~CAL CENTER BOULEVARD, LOCATED IN
THE CITY OF PORT ARTHUR.
(3) P.R. No. 12685 - A Resolution Authorizing The City Manager
And The City Attorney To Purchase Property, South 53 Feet
Of Lots 13 & 14 And Lots 15-19, Block 1, Schmyser 3.
The Hayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal
and carried unanimously, Proposed Resolution No. 12685 was tabled.
(4) P.R. No. 12686 - A Resolution As :It Pertains To The Position
I Board Director Of The City Of Port Arthur Section 4A
Economic Development Corporation And Making Changes
Therein.
The motion was made by Mayor Pro Tem Beard and seconded by Councilmember
Henderson that Proposed Resolution No. 12686 be adopted.
Councilmember Hannah nominated Mrs. Linda Spears as the nominee for Position 1
Board Director of the Port Arthur Section 4A Economic Development Corporation.
The City Attorney explained the histo~ of the process of nominating an individual from a
"pool" of Councilmembers (in this case Z, 4, and 5) and other practices, procedures and
policies pursuant to EDC by-laws regarding securing a nomination from the "pool".
Councilmember Flood stated that a consensus was not obtained prior to the nomination
made by Councilmember Hannah, therefore the City Attorney recommended deleting
Section 3 from Proposed Resolution 12686.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
12686 with the amendment recommended by the City Attorney to delete Section 3 of
the Proposed Resolution:
Councilmember Barker "Yes"
Mayor Pro Tem Beard "Yes"
Councilmember Flood "Yes"
Councilmember Hannah "Yes"
Councilmember Henderson "Yes"
Councilmember Prince "Yes"
Councilmember Sinegal "Yes"
Councilmember Thompson "Yes"
Mayor Ortiz "Yes"
l!
City Council Minutes June 22, 2004
Resolution No. 04-190.
The caption of Resolution No. 04-190 reads as follows:
RESOLUTION NO. 04-190
A RESOLUTI~ON AS 'rT PERTAt'NS TO THE
POSTTt'ON I BOARD DI'RECTOR OF THE Ct'TY OF
PORT ARTHUR SECT?ON 4A ECONOMt'C
DEVELOPMENT CORPORATTON AND MAK?NG
CHANGES THERE*tN.
(6) P.R. No. 12692 - A Resolution Scheduling A Retreat (Special
Council Meeting).
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution No. 12692 be adopted.
The City Manager recommended that the following report be discussed along with the
above-mentioned Proposed Resolution.
C. Reports & Recommendations
(3) Report On .lune 29, 2004 Council Retreat
The City Manager presented information regarding the above-mentioned report.
Discussion was held on whether the Economic Development Corporation Board/Advisory
Board is involved in the proposed retreat. The consensus of the City Council expressed
that this retreat should include primarily the City Council. The event was scheduled for
Wednesday, June 30, 2004, at 8:30 a.m. at the Lamar State College Carl Parker Center.
The City Attorney read the proposed agenda item: "To discuss and possibly take action
on procedures or programs as to strengthen relationships as to facilitate the goals and
objectives of the City and its ancillary organizations' goals and objectives."
Proposed Resolution No. 12692 was adopted as amended by changing the date and time
becoming Resolution No. 04-191.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-191 reads as follows:
RESOLUTION NO. 04-191
A RESOLUTZON SCHEDULING A RETREAT
(SPECIAL COUNCIL MEET[NG).
(7) P. R. No. 12697 - A Resolution Awarding A Bid And
Authorizing The Execution Of A Contract For Grass Cutting
Services Of Privately-Owned And City-Owned Developed
Lots In An Area Of The City Designated As Area B, To Be
Charged To Account No. 001-1401-551.59-00.
The Mayor introduced the above-mentioned Proposed Resolution.
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City Council Minutes June 22, 2004
The motion was made by Cound[member Sinega[ and seconded by Cound~member
Henderson that Proposed Resolution No. 12697 be adopted.
Purchasing Director .~oseph Broussard appeared before the City Council to explain that
both Nick Portacci and .loey's Tractor service submitted identical bid amounts for the
mowing of developed lots in Area B for the amount of $0.00~ per square foot.
The Purchasing Director requested the casting of lots by the Mayor randomly between
Nick Portacci and Joey's Tractor Service to determine who will be awarded the bid.
Mayor Ortiz randomly selected Nick Portacci as the vendor for the grass-cutting service
contract for Proposed Resolution No. 12697.
The City Secretary read the name, "Nick Portacci" into the record.
Proposed Resolution No. 12697 was adopted with the name of the above-mentioned
vendor becoming Resolution No. 04-192.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-192 reads as follows:
RESOLUTTON NO. 04-192
A RESOLUTTON AWARDING A BTD AND
AUTHORTZTNG THE EXECUTION OF A
CONTRACT FOR GRASS CUI'I'TNG SERVTCES OF
PR/VATELY-OWNED AND CTTY-OWNED
DEVELOPED LOTS TN AN AREA OF THE CTTY
DESIGNATED AS AREA B, TO BE CHARGED TO
ACCOUNT NO. 001-1401-551.59-00.
(8) P.R. No. 12703 - A Resolution Pertaining To The Incentive
Agreement With Donshe Pottery.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Mayor Pro Tern
Beard that Proposed Resolution No. 12703 be adopted.
Mr. Donald Edwards, President of DonShe Pottery, appeared before the City Council and
discussed the initial terms of agreement and his interpretation of the terms.
The City Attorney elaborated that the City of Port Arthur Section 4A Economic
Development Corporation Board processed an agreement for a grant of $92,500 with a
transfer of the City's revolving loan for $20,000.
EDC Executive Director Ike Mills appeared before the City Council and discussed the
directives given by the EDC Board of Directors and their proposed intent.
The City Attorney read the following language from Exhibit "A" into the record and also
explained the protocol between EDC and the City Councih
Upon review of the incentive package, the City Council approves the EDC
Incentive Documents of a $92,500 grant and the assumption of the City's
revolving loan of $20,000. The EDC will, within the next ten (10) days,
repay the City the outstanding balance on the note.
Proposed Resolution No. 12703 was adopted becoming Resolution No. 04-193.
City Council Minutes .lune 22, 2004
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmernbers Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-193 reads as follows:
RESOLUTION NO. 04-193
A RESOLUTION PERTAINING TO THE
INCENTIVE AGREEMENT WTTH DONSHE
POTTERY.
(9) P.R. No. 12706 - A Resolution Pertaining To The Rates Of
Aqua Texas, [nc.
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Sinegal, seconded by Councilmember Henderson
and unanimously carried, Proposed Resolution No. 12706 was adopted becoming
Resolution No. 04-194.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson, Prince and $inegal.
Voting No: None.
The caption of Resolution No. 04-194 reads as follows:
RESOLUTION NO. 04-194
A RESOLUTION PERTAINTNG TO THE RATES OF
AQUA TEXAS, INC.
(10) P.R. No. 12707 - A Resolution Authorizing The City Manager
And The City Attorney To Execute An Agreement To
Purchase The Remaining 1/2 Interest Zn The Property
Located At 1048 Austin Avenue.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution No. 12707 be adopted.
Assistant City Attorney Val Tizeno discussed the proposed agreement to be executed for
$1,415 for the property owned by Mr. Ozell Whitley.
Councilmember $inegal recused himself from any discussion or action regarding the
above-mentioned Proposed Resolution and submitted a Conflict of Interest form to City
Secretary Green.
Proposed Resolution No. 12707 was adopted becoming Resolution No. 04-195.
Voting Yes' Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker,
Flood, Thompson and Prince.
Voting No: Councilmember Henderson.
Abstained: Councilmember Sinegal.
The caption of Resolution No. 04-195 reads as follows:
]4
City Council Minutes June 22, 2004
RESOLUTZON NO. 04-195
A RESOLUT?ON AUTHORtZ?NG THE C~'TY
F4ANAGER AND THE C]'TY AI-I'ORNEY TO
EXECUTE AN AGREEt4ENT TO PURCHASE THE
REMA1~NING 1/:~ INTEREST IN THE PROPERTY
LOCATED AT 1048 AUSTIN AVENUE.
B. Ordinance
(1) P.O. No. 5419 - An Appropriation Ordinance Amending The
Budget For The Fiscal Year Beginning October 1, 2003 And
Ending September 30, 2004.
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Sinegal and seconded by Councilmember
Thompson that Proposed Ordinance No. 5419 be adopted.
Finance Director Rebecca Underhill appeared before the City Council and discussed the
budget amendment to purchase the proposed telephone system through a lease
purchase agreement.
Proposed Ordinance No. 5419 was adopted becoming Ordinance No. 04-33.
Voting Yes: Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson,
Flood, Thompson, Prince and Sinegal.
Voting No: Mayor Ortiz.
The caption of Ordinance No. 04-33 reads as follows:
ORDINANCE NO. 04-33
AN APPROPRIATION ORDINANCE AMENDING
THE BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2003 AND ENDING
SEPTEMBER 30, 2004.
C. *Reports And Recommendations
(1) Hay, 2004 Financial Report
Finance Director Rebecca Underhill presented the above-mentioned report.
(2) Report On 2004 Preliminary Appraised Values
Finance Director Rebecca Underhill presented the above-mentioned report.
(4) Report On July 4th Celebration & Fireworks
The City Manager presented the above-mentioned report.
VTII. REPORTS OF BOARDS & COHMITTEES
None
City Council Minutes June 22, 2004
X. FUTURE AGENDA ZTEHS OR REQUESTED REPORTS
Mayor Ortiz:
(1) Announced the upcomincj ]uly 4t~ celebration and encouracjed
attendance.
(2) Requested an Executive Session Item for the next City Council
meetincj re§arding the evaluation of the City Manacjer, City
Secretary and City Attorney.
(3) Requested Mayor Pro Tern Beard prepare a presentation for the
next City Council meeting regarding his contact with the Australian
Environmental Company.
Mayor Pro Tem Beard:
(1) Requested that Councilmember Prince assist him in preparing the
City Council Retreat Agenda.
(2) Suggested having a facilitator at the City Council Retreat,
(3) Requested a report on food service vendors at the TASIS Hospital.
Councilmember Barker:
Requested a report regarding the removal of junk cars and
suggestions to accelerate the process.
Councilrnernber Henderson:
(1) Requested a report on citations issued for placing trash in ditches.
(2) Requested a report on prospective business concerns of downtown
safety and crime issues.
Councilmember Flood:
(1)Requested an item be added to the next agenda for appointments
to the vacant EDC Director and Advisory Board positions.
(2) Requested a report on providing utility services to the Taylor's
Landing properties.
Councilmember Prince:
Requested a progress report of the Redevelopment of the Westside.
XI. AD.1OURNMENT OF MEETING
Upon the motion of Councilmember Sinegal, seconded by Mayor Pro Tem Beard and
carried, the City Council adjourned their meeting at 3:57 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
ATTEST:
CITY SECRETARY
END OF REGULAR MEETING HELD .1UNE 22, 2004 APPROVED:
City Council Minutes .~une 22, 2004