HomeMy WebLinkAbout(3) REGULAR 10/12/04 REGULAR MEETING - October 12, 2004
ROLL CALL, INVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, October
12, 2004 at 8:40 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 3. Henderson, Ronnie Thompson, Deloris "Bobble" Prince and Michael
"Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline "Van"
Green and City Attorney Mark Sokolow.
Councilmember Martin Flood arrived at 8:42 p.m.
The invocation was given by Councilmember Sinegal followed by the pledge to the flag.
PROCLAMATTONS & MINUTES
Minutes - Regular Meeting September 28, 2004
Upon the motion of Councilmember Sinegal, seconded by Councilmember Henderson,
and carried unanimously, the City Council approved the above-mentioned minutes.
Special Meeting September 28, 2004
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal,
and carried unanimously, the City Council approved the above-mentioned minutes.
loint/Special Meeting September 28, 2004
Upon the motion of Councilmember $inegal, seconded by Councilmember Henderson,
and carried unanimously, the City Council approved the above-mentioned minutes.
PETITIONS &COMMUNICATIONS
A. Sneakers
(1) 3immy Dike Regarding Residential Development On The
Palms Island Golf Course
Pleasure ]~sland Commission Chairman, Lance Bradley, 425 ]~sland Way, appeared before
the City Council to request acceptance of the roadway to the Palms Golf Course
entrance to continue residential development. He discussed construction performance
bonds, road damage concerns and long-range commercial development plans.
Mayor Ortiz read an excerpt from Mayor Pro Tem Beards' letter to the City Council:
Regrettably, ! will not be in attendance today's meeting....On the matter
of the P!C (Pleasure !sland Commission) / .Jimmy Dike's request to
construct more homes on the !sle; ! am requesting that we consider
authorizing a land use study of the !sle, with a moratorium on further
construction until it is determined what is the highest, best use of the
land.
Considering the facts that Signal Corp. intends to expand its dry-dock
facility, and that we are being considered for other LNG, petro-chemical
facilities, it is important that we utilize the available land resources to the
city's best advantage.
As requested by Mayor Ortiz, Pleasure !sland Commission Chairman Bradley responded
to Mayor Pro Tern Beard's statements:
! would assume that is why you appoint us to the Pleasure !sland
Commission to do that very thing. ]~t is to make sure that we make the
best use of the island and its property. And, if you think we are not doing
that, then you should let us know. You know, you can do study after
study after study and we have a closet full of them out there. That's up to
you all. I mean if you want to do a study on what's the best use, then
that is great. I, frankly, think it would be a waste of money.
We have paid $15,000 for the development plan around the golf course.
Certainly with respect to Mayor Pro Tern Beard, I mean if he has some
specific ideas that he wants us to look at or some specific areas that he
wants us to look at, that's is fine and we would be happy to do that. But,
to say let's do a study on the whole island to see what is the best use of
the property, ! think it is a waste of money. We have four or five of those
already and we have been trying to follow up.
Councilmember Sinegal, you may have been on the commission at one
time when we did that. A lot of times what you get in these studies it is a
pie-in-the-sky idea that sounds great on paper, but when you look at the
practicality on trying to do them in our area, it doesn't fit. T think we have
done as good of job as we can with the limited budget we have to
develop different areas of the island in such a way that the community
gets the best use of. But again, if there are any specific areas or
suggestions, we would be happy to sit down and talk about them.
Councilmember Flood requested a cost estimate of a specific land use report.
Mayor Ortiz expressed support of the roadway acceptance and requested Mr. Bradley
and Mr. Dike meet with the City Attorney to prepare a resolution for City Council
acceptance within the next two weeks.
Pleasure Island Director .limmy Dike, appeared before the City Council to speak on
prospective dry dock and industrial projects, and erosion control and funding issues.
(2) Alfred Dominic Regarding Entergy Rate Zncrease Part I!
Concluding Remarks
Mr. Alfred Dominic, 145 West Fifteenth Street, appeared before the City Council to
request assistance concerning the Entergy rate increase.
Harold Doucet Regarding Approved Budget For The EDC -
NOT PRESENT
(4) .ludge Tom Gillam, :il! Regarding Unfinished City/EDC
Business And EDC Budget Concerns - NOT PRESENT
(5) Virginia Dudley Regarding Representative Government
Mrs. Virginia Dudley, 1835 Snider, appeared before the City Council to expound on her
recently published editorials regarding "wasteful" expenditures and dissolution of the
Economic Development Corporation.
Councilmember Sinegal read into the record the following correspondence:
TO: The Mayor, EDC Board and Citizens of Port Arthur
FROM: Michael Shane Sinegal, Councilman
Date: October 4, 2004
RE: Economic Development Corporation
Because of the course this council seems to be embarking upon, I present
this letter stating my position as it pertains to the Economic Development
Corporation. ! am making my position on this issue very clear, allow me
to state that T will NOT and cannot in good conscience support any effort
to micromanage the EDC or remove Mr. lglasious "!ke" Mills as Executive
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City Council Meeting October 12, 2004
Director of the P.A.E.D.C. Although, T have some concerns about
possible auditing and procedural errors, we must not and should not act
hastily in the due process of this issue. That being said, my reasons for
objecting to this course of action that would remove Mr. Mills as Executive
Director whether right or wrong is that it would be improper, and not in
the best interest of the City of Port Arthur. First of all, there has never
been an evaluation instrument created to document, evaluate or facilitate
professional growth by Mr. Mills as it pertains to his employment with the
EDC. Second of all, I feel that there has been a concerted effort by
certain forces in the city to undermine all efforts by the present EDC.
Third, because a full staff, a full time competent municipal attorney and
full EDC board has never been in place since I have been on the council.
And last but not least, we must not ignore the fact that two members of
this present council were previously members of the EDC executive board
when some of the alleged concerns took place. The above mentioned
reasons are why ! cannot take part in this process.
Allow me to again state very clearly that I cannot and will not participate
in the micromanagement of the EDC Board or staff daily operations. The
EDC was established by the vote of the citizens of Port Arthur and where
as we the council may have legal procedural right to oversee operations,
we must not and should not seek to abuse that authority by
micromanaging this entity. Instead we should make wise appointments of
upstanding, competent board members and then trust their judgement
not undermine their confidence and authority.
In conclusion, where I have served on this council for two years and five
months and approximately four days my yes have always been yes and
my no has always been no. I have established my integrity and have
gained the trust of the citizens of Port Arthur. This will continue to be my
stand whether we stand together or I stand alone. I have been a
councilman of my word with a minimum of regrets. I hope that we can
make a fair and conscious decision concerning this matter.
Thank You and God bless each of you
/s/Michael S. Sinegal
Michael S. Sinegal
Councilman Position #8
(6) Gerald Tervalon Regarding Alternative Plans For Opening A
Community Referral Service And Help Center - NOT
PRESENT
B. Correspondence
None
TV. PUBLIC HEARZNGS - 9:00AM
Consider Request For Abandonment Of Easement Or Street
Right-Of-Way That Portion Of 8m Street Between Marshall And
De(~ueen Boulevard And Alleys And Easements Between 7th And
9th Streets And Marshall And De(~ueen Boulevard (Z04-03
Applicant: PAlSD).
Planning/Grants Director Dale Watson appeared before the City Council to present an
overview of proposed abandonment at 9:39 a.m. and discussed utility relocations and
school safety issues.
The Mayor requested to hear from anyone present in the audience who wished to
3
City Council Meeting October 12, 2004
speak regarding the above-mentioned abandonment. No one came forward to speak.
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and
carried unanimously, the City Council closed the Public Hearing at 9:44 a.m.
V. UNFZNZSHED BUSZNESS
P. R. NO. 12807 - A Resolution As Zt Pertains To The Revolving
Loan Of f4elba And Allen Watson.
The Mayor introduced the above-mentioned Proposed Resolution and at the City
Attorney's request, held the item until after Executive Session.
VI~. CONSENT AGENDA
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal
and carried unanimously, the following Consent Agenda items were adopted with the
exception of Proposed Resolution No.'s 12854, 12856, 12857:
A. Consideration And Authorizing The Purchase Of 475
Ninety-Six Gallon And 100 Sixty-Four Gallon Toter
Containers tn The Amount Of $21,702.50 From Toter, Inc.,
Of Statesville, North Carolina (Through The State Of Texas
Contract Bid #450-A2 Purchase Contract) For The Public
Works Department (Solid Waste Division).
B. Expense Accounts:
City Attorney I~lark T. Sokolow:
Use Of Personal Auto On City Business,
.luly 21, 2004 - September 27, 2004 $ 75.00
Councilmember Felix Barker:
Attend CavOilcade t4en's Bus Trip,
New Orleans, Louisiana
September 2:3-24, 2004 $ 198.19
Res01~tions - Consent
(1) P.R. No. 12850 - A Resolution Authorizing The Execution
Of An Agreement For Independent Professional Services
Between The City Of Port Arthur And William D. George,
I~ID To Act As The City's Health Authority For The Health
And Fire Departments.
Proposed Resolution No. 12850 was adopted becoming Resolution No. 04-330.
(2) P. R. No. 12851 - A Resolution Adopting The Hazard
Mitigation Plan For The City Of Port Arthur.
Proposed Resolution No. 12851 was adopted becoming Resolution No. 04-331.
(3) P. R. No. 12853 - A Resolution Authorizing The City
I~lanager To Execute An Intarlocal Contract With The City
Of Beaumont, .lefferson County, .lasper County And The
Orange County District Attorney's Office To Secure Grant
Funding From The State Of Texas Automobile Theft
Prevention Authority For Operation Of The Southeast Texas
Auto Theft Task Force.
Proposed Resolution No. 12853 was adopted becoming Resolution No. 04-332.
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City Council Meeting October 12, 2004
(7) P.R. No. 12858 - A Resolution Authorizing The Approval Of
Additional Services To The Contract For Professional
Services Between The City Of Port Arthur And Arceneaux &
Gates Consulting Engineers, Inc., Dated July 24, 2001, In
Connection With The Waterline Replacement Project,
Increasing The Not To Exceed Contract Amount By
$S7,000. Fund No. 427-1626-S32.S3-00, Project
No.
427002.
Proposed Resolution No. 12858 was adopted becoming Resolution No. 04-333.
VII. ITEMS RE(~UIRING INDIVIDUAL ACTION - CONSENT
Consent - Resolutions
(4) P.R. No. i2854 - A Resolution Authorizing Acceptance Of
The Certificate Of Completion, Contractor's Certificate And
Release; Authorize Execution Of Change Order No. Three
(3) And Final; On The Water Transmission Mains Project
And Approving Final Payment Of $116,694.10 To
Excavators & Constructors, Inc., And Authorizing The City
Manager To Sign The Certificate Of Acceptance On Behalf
Of The City Of Port Arthur, Texas. Fund No. 427-i626-
532.85-00, Project No. 427003.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution No. 12854 be adopted.
Councilmember Martin Flood recused himself from any discussion or action pertaining to
the Proposed Resolution 12854. (Councilmember Flood filed a Conflict of interest
Affidavit with City Secretary Green).
Councilmember Barker left the City Council Chamber at 9:48 a.m.
Councilmember Henderson commended Utility Operations Director Eldridge for his
efforts in overseeing the water transmission project.
Proposed Resolution No. 12854 was adopted becoming Resolution No. 04-334.
Voting Yes: IVlayor Ortiz; Councilmembers Hannah, Henderson, Thompson, Prince and
Sinegal.
Voting No: None.
The caption of Resolution No. 04-334 reads as follows:
RESOLUTION NO. 04-334
A RESOLUTION AUTHORIZING ACCEPTANCE OF
THE CERTIFICATE OF COMPLETION,
CONTRACTOR'S CERTIFICATE AND RELEASE;
AUTHORIZE EXECUTION OF CHANGE ORDER
NO. THREE (3) AND FINAL; ON THE WATER
TRANSMISSION MAINS PRO3ECT AND
APPROVING FINAL PAYMENT OF $116,694.10
TO EXCAVATORS & CONSTRUCTORS, INC., AND
AUTHORIZING THE CITY MANAGER TO SIGN
THE CERTIFICATE OF ACCEPTANCE ON BEHALF
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City Council Meeting October 12, 2004
OF THE CITY OF PORT ARTHUR, TEXAS. FUND
NO. 427-1626-532.85-00~ PROJECT NO.
427003.
(5) P.R. No. 12856 - A Resolution Amending The Agreement
Between The City Of Port Arthur And Carl Parker.
The Mayor introduced the above-mentioned Proposed Resolution.
Councilmember Barker returned to the City Council Chamber at 9:50 a.m.
The motion was made by Councilmember Sinegal and seconded by Councilmember
Henderson that Proposed Resolution No. 12856 be adopted.
Mayor Ortiz stated that the resolution increases the payment to Mr. Parker during the
Legislative Session, and the document highlights his contributions to the City as a State
Senator and legal advisor.
Proposed Resolution No. 12856 was adopted, over the dissenting vote of
Councilmember Flood, becoming Resolution No. 04-335.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson Thompson,
Prince and $inegal.
Voting No' Councilmember Flood.
The caption of Resolution No. 04-335 reads as follows:
RESOLUTION NO. 04-335
A RESOLUTION AI~IENDING THE AGREEf4ENT
BETWEEN THE CITY OF PORT ARTHUR AND
CARL PARKER.
{6) P. R. NO. 12857 - A Resolution Approving Additional
Funding For The Independent Audit Being Performed By
Ga¥1e W. Botle¥ & Associates As Approved By City Council
Resolution 04-199.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Sinegal and seconded by Councilmember
Thompson that Proposed Resolution No. 12857 be adopted.
Finance Director Underhill appeared before the City Council to discuss the additional
costs of the independent audit, Council's authorization for additional services and issues
that have necessitated the amendments.
Councilmember Sinegal left the City Council Chamber at 10:02 a.m.
Proposed Resolution No. 12857 was adopted, over the dissenting vote of
Councilmember Flood, becoming Resolution No. 04-336
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Thompson and
Prince.
Voting No' Councilmember Flood.
The caption of Resolution No. 04-336 reads as follows:
6
City Council Meeting October 12, 2004
RESOLUTION NO. 04-336
A RESOLUTZON APPROVING ADDZTZONAL
FUNDZNG FOR THE ZNDEPENDENT AUDZT
BEING PERFORMED BY GAYLE W. BOTLEY &
ASSOCTATES AS APPROVED BY CZTY COUNCIL
RESOLUTION 04-199.
Councilmember Sinegal returned to the City Council Chamber at 10:06 a.m.
The following adopted resolution was reconsidered for discussion at the request
of Councilmember Hannah:
RESOLUT?ON NO. 04-333
A RESOLUTZON AUTHOR/ZING THE APPROVAL OF ADDI~TIONAL
SERVTCES TO THE CONTRACT FOR PROFESSI'ONAL SERVI'CES
BETWEEN THE C1'TY OF PORT ARTHUR AND ARCENEAUX & GATES
CONSULTI'NG ENGTNEERS, INC., DATED .1ULY 24, 2001, I'N
CONNECT?ON WTTH THE WATERL1'NE REPLACEMENT PRO.1ECT,
I'NCREAS]'NG TIlE NOT TO EXCEED CONTRACT AMOUNT BY
$57,000. FUND NO. 427-1626-532.53-00, PRO'IECT NO. 427002.
Councilmember Hannah requested clarification on Resolution No. 04-333 (Proposed
Resolution No. 12858) regarding additional costs of the waterline replacement project
and tracking capabilities and stated concerns of going beyond the scope of the work.
Utility Operations Director Eldridge, appeared before the City Council to address
inquiries regarding the original scope of work and additional work. Mr. Eldridge
discussed water line locations, cost savings and project management.
Mayor Ortiz expressed concerns with non-usage of minority and local engineering firms.
The City Council recessed their meeting at 10:18 a.m. and reconvened their meeting at
10:40 a.m. with the following members present: Mayor Ortiz; Councilmembers Hannah,
Barker, Henderson, Flood, Thompson, Prince and $inegal; City Manager Fitzgibbons;
City Secretary Green and City Attorney Sokolow.
VZZ. ZTEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT
A. Resolutions
(1) P. R. No. 12843 A Resolution Approving Additional
Services For Schaumburg & Polk For The City Of Port Arthur
Section 4A Economic Development Corporation Business
Park.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember $inegal and seconded by Councilmember
Henderson that Proposed Resolution No. 12843 be adopted.
Schaumburg & Polk Construction Administrator Jim Hughes appeared before the City
Council to discuss the cost of preparing permit applications. Mr. Hughes stated that the
request to relocate the utility poles was made six months ago by Mr. Bill Diamond.
Proposed Resolution No. 12843 was adopted becoming Resolution No. 04-337.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Flood,
Thompson, Prince and Sinegal.
?
City Council Neeting October 12, 2004
Voting No: None.
The caption of Resolution No. 04-337 reads as follows:
RESOLUTION NO. 04-337
A RESOLUTION APPROVING ADDITIONAL
SERVICES FOR SCHAUMBURG & POLK FOR THE
CITY OF PORT ARTHUR SECTION 4A
ECONOI~IIC DEVELOPMENT CORPORATION
BUSINESS PARK.
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed t4eetJnq:
(1) Section 551.071 Government Code - To Discuss With The
City Attorney Procedures As To Avoid Litigation As To
Processes And Procedures Of The City Of Port Arthur
Section 4A Economic Development Corporation, As Well As
To Discuss Potential Litigation Against The City Of Port
Arthur Section 4A Economic Development Corporation
Consultants And Grantees.
(2) Section 551.072 Government Code - To Discuss The Value
Of Land And Lease Space At 441 Austin Avenue And 4173
39th Street.
(3) Section 551.087 Government Code - To Discuss Incentives
For Industrial Business Prospects.
(4) Section 551.071 Government Code - To Discuss Potential
Litigation As It Pertains To Time Warner.
The City Council recessed their meeting at 10:50 a.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 11:28 a.m. with
the following members present: Mayor Ortiz; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal; City Manager Fitzgibbons; City
Secretary Green and City Attorney 5okolow.
The City Council recessed their meeting at 11:30 a.m. and reconvened their meeting at
1:34 p.m. with the following members present: Mayor Ortiz; Councilmembers Hannah,
Barker, Henderson, Flood, Thompson, Prince and Sinegal; City IVlanager Fitzgibbons;
City Secretary Green and City Attorney 5okolow.
The City Council recessed their meeting at 1:35 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 2:39 p.m. with
the following members present: Mayor Ortiz; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal; City Manager Fitzgibbons; City
Secretary Green and City Attorney Sokolow.
VIII. ITEr4S RE(~UIRING INDIVIDUAL ACTION - NON-CONSENT
A. Resolutions
(2) P.R. No. 12859 - A Resolution Appointing Or Reappointing
A Hember Or Members To The Pleasure Island Commission
(Requested By Councilmember Barker).
The Mayor introduced the above-mentioned Proposed Resolution.
City Council Heeting October 12, 2004
The motion was made by Councilmember Henderson and seconded by Counciimember
Barker that Proposed Resolution No. 12859 be adopted.
Councilmember Barker nominated Mr. Danny Williams, 836 Northwind, as the Pleasure
Island Commission's District 2 appointment.
Proposed Resolution No. 12859 was adopted, over the dissenting votes of
Councilmembers Prince and Sinegal, becoming Resolution No. 04-338.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Flood and
Thompson.
Voting No: Councilmembers Prince and $inegal.
The caption of Resolution No. 04-338 reads as follows:
RESOLUTION NO. 04-338
A RESOLUTION APPOINTING OR
REAPPOINTING A MEHBER OR HEHBERS TO
THE PLEASURE ISLAND COMMISSION
(RE(~UESTED BY COUNCILMEHBER BARKER).
(3) P.R. No. 12860 - A Resolution Approving Invoices Of The
City Of Port Arthur Section 4A Economic Development
Corporation.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution No. 12860 be adopted.
The motion was made by Councilmember Henderson and seconded by Councilmember
Barker to amend Proposed Resolution No. 12860 to include the invoices from Brammer
and Latimore for accounting services incurred after June 8, 2004 to the present date.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Flood
Thompson and Prince.
Voting No: Councilmember Sinegal.
The above-mentioned motion to amend Proposed Resolution No. ~.2860 carried over the
dissenting vote of Councilmember Sinegal.
The motion was made by Councilmember Henderson and seconded by Councilmember
Barker to amend Proposed Resolution No. 12860 to include expenses, within the
Economic Development Corporation's budget, for travel and training.
The above-mentioned motion for the second amendment to Proposed Resolution No.
12860 carried unanimously.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Flood
Thompson, Prince and Sinegal.
Voting No: None.
Councilmember Henderson noted utility statements should not be included in the City
Council authorization process.
Proposed Resolution No. 12860 was adopted as amended, over the dissenting vote of
Councilmember Sinegal, becoming Resolution No. 04-339.
City Council Meeting October 12, 2004
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Flood
Thompson and Prince.
Voting No: Councilmember $inegal.
The caption of Resolution No. 04-339 reads as follows:
RESOLUTZON NO. 04-339
A RESOLUTZON APPROVTNG INVOICES OF THE
CITY OF PORT ARTHUR SECTION 4A
ECONOt4IC DEVELOPMENT CORPORATION.
(4) P.R. No. 12861 - A Resolution As It Pertains To The Capital
Expenditures Of The City Of Port Arthur Section 4A
Economic Development Corporation As It Pertains To The
Lease, Renovation Or Purchase Of Property Or Properties
For An Office, As Well As Other Uses.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember $inegal and seconded by Counciimember
Thompson that Proposed Resolution No. 12861 be tabled.
Proposed Resolution No. 12861 was tabled until next Tuesday's joint meeting with the
City Council and Section 4A Economic Development Corporation.
(5) P.R. No. 12863 - A Resolution As It Pertains To The City Of
Port Arthur Section 4A Economic Development Corporation
Contract With Donshe Pottery And Invoices Thereon.
The Mayor introduced the above-mentioned Proposed Resolution and delayed the item
for action until later during the meeting.
(6) P.R. No. 12864 - A Resolution As It Pertains To The
Benefit Package Of The City Secretary And Of The City
Attorney.
The Mayor introduced the above-mentioned Proposed Resolution and commended the
City Secretary and the City Attorney for their services.
Upon the motion of Councilmember Sinegal, seconded by Councilmember Barker and
unanimously carried, Proposed Resolution No. 12864 was adopted becoming Resolution
No. 04-340.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Flood,
Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-340 reads as follows:
RESOLUTION NO. 04-340
A RESOLUTION AS IT PERTAINS TO THE
BENEFIT PACKAGE OF THE CITY SECRETARY
AND OF THE CITY A'I-rORNEY.
City Council Meeting October 12, 2004
B. Ordinances
(1) P.O. NO. 5414 - An Ordinance Amending Subsection "A" Of
Section 78-326 City Education Assistance Plan Of Division
10 Employee Develooment And Trainino Of Article I! Of
Chapter 78 Personnel Of The City Of Port Arthur Code Of
Ordinances.
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Sinegal, seconded by Councilmember Barker and
unanimously carried, Proposed Ordinance No. 5414 was adopted becoming Ordinance
No. 04-62.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Flood,
Thompson, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 04-62 reads as follows:
ORDINANCE NO. 04-62
AN ORDTNANCE AMENDING SUBSECTION "A"
OF SECTION 78-326 CITY EDUCATION
ASSlrSTANCE PLAN OF DI'VISlrON 10 EMPLOYEE
DEVELOPMENT AND TRAINI'NG OF ARTICLE II
OF CHAPTER 78 PERSONNEL OF THE CITY OF
PORT ARTHUR CODE OF ORDINANCES.
Mayor Ortiz left the City Council meeting at 2:50 p.m.
Councilmember Henderson presided over the remainder of the City Council meeting.
(2) P.O. No. 5434 - An Ordinance Abandoning, Vacating And
Relinquishing That Portion Of Stilwell Boulevard Between
Lakeshore Drive And Procter Street And Providing The
Effective Date Of This Ordinance.
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Barker and seconded by Councilmember
Thompson that Proposed Ordinance No. 5434 be adopted.
Councilmember Sinegal announced to citizens, parents and staff of the Woodrow Wilson
Middle School, that an agreement was made with Lamar University allowing public
accessibility.
The City Manager further commented the agreement requires the property to be
accessible to the public from 5:00 a.m. until 10:00 p.m. and available for extended
hours at special events.
Proposed Ordinance No. 5434 was adopted becoming Ordinance No. 04-63.
Voting Yes: Presiding Officer Councilmember Henderson; Councilmembers Hannah,
Barker, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 04-63 reads as follows:
]!
City Council Meeting October :].2, 2004
ORDINANCE NO. 04-63
AN ORDINANCE ABANDONING~ VACATTNG AND
RELIN(~UISHING THAT PORTION OF STILWELL
BOULEVARD BETWEEN LAKESHORE DRIVE AND
PROCTER STREET AND PROVI~DI~NG THE
EFFECTIVE DATE OF THIS ORDINANCE.
A. Resolutions
(5) P.R. No. 12863 - A Resolution As [t Pertains To The City Of
Port Arthur Section 4A Economic Development Corporation
Contract With Donshe Pottery And Invoices Thereon.
City Attorney $okolow read into the record the following:
Exhibit "A'
· The upgrade time to set-up business will be from six (6) months to
one (1) year.
· Tag on missing note payments to end of note.
· Extend the time required for incentive contract from three (3) years
to three and one-half (3-1/2) years.
· Extend the performance schedule to the following: six (6)
employees at the end of eighteen months, eight (8) employees at
the end of thirty months, and ten (10) employees at the end of
forty months.
· The remainder of purchases will be for equipment and supplies,
with $1,000 to be reimbursed for marketing.
· DonShe Pottery will have ten (10) days to accept the agreement
package.
The City Attorney noted the Economic Development Corporation Board of Directors
previously approved the agreement package.
City Attorney $okolow introduced the above-mentioned Proposed Resolution with the
inclusion of Exhibit "A" as read.
Councilmember Sinegal requested Mr. Donald Edwards be allowed to address the City
Council.
Mr. Donald Edwards, DonShe Pottery, 346 East Sixth Street, addressed the City Council
regarding invoice payments.
The motion was made by Councilmember $inegal and seconded by Councilmember
Flood that Proposed Resolution No. 12863 be adopted as read by the City Attorney and
to include the approval of payment of two invoices as further stated by the City Attorney
to be in the amount of $309.98 and $1,849.21.
Presiding Officer Councilmember Henderson requested the City Attorney furnish copies
of Exhibit "A" to the City Council.
Proposed Resolution No. 12863 was adopted, as amended, becoming Resolution No. 04-
341.
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City Council Meeting October 12, 2004
Voting Yes: Presiding Officer Councilmember Henderson; Councilmembers Hannah,
Barker, Flood, Thompson, Prince and $inegal.
Voting No: None.
The caption of Resolution No. 04-341 reads as follows:
RESOLUTtON NO. 04-341
A RESOLUTtON AS tT PERTA?NS TO THE C1*TY
OF PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORAT1~ON CONTRACT
WITH DONSHE POI'I'ERY AND INVOICES
THEREON.
B. Ordinances
(3) P.O. No. 5454 - An Ordinance Amending Chapter 18
(Buildings) Article II! Electrical Codes Division 1
(Generally) Section 18-72 Definitions Of The Code Of
Ordinances Of The City Of Port Arthur Requiring License
From The State Electric Safety Board; Providing Certain
Amendments Thereto; Repealing All Ordinances Or
Ordinances In Conflict Therewith; Providing A Penalty For
Violation By Fine Not Exceeding Two Thousand Dollars, As
Provided !n Section 18-43 Of The Code Or As Otherwise
!mposed By State Law; And Providing For Publication And
An Effective Date Immediately After Publication.
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. 5454 be adopted.
Presiding Officer Councilmember Henderson commented on the stringent requirements
of the electrical codes.
Proposed Ordinance No. 5454 was adopted becoming Ordinance No. 04-64.
Voting Yes: Presiding Officer Councilmember Henderson; Councilmembers Hannah,
Barker, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 04-64 reads as follows:
ORDINANCE NO. 04-64
AN ORDZNANCE AHENDZNG CHAPTER 18 (BUILDINGS)
ARTICLE III ELECTRICAL CODES DIVISION I (GENERALLY)
SECT!ON 18-72 DEF!NITIONS OF THE CODE OF
ORD!NANCES OF THE CZTY OF PORT ARTHUR RE(~UIRING
LTCENSE FROM THE STATE ELECTRIC SAFETY BOARD;
PROVIDING CERTAZN AMENDHENTS THERETO; REPEALING
ALL ORD!NANCES OR ORDZNANCES ~N CONFLZCT
THEREWITH; PROVIDt'NG A PENALTY FOR V!OLATION BY
FINE NOT EXCEEDING TWO THOUSAND DOLLARS, AS
PROV!DED IN SECT!ON 18-43 OF THE CODE OR AS
OTHERWISE ~MPOSED BY STATE LAW; AND PROVIDING
FOR PUBLZCATION AND AN EFFECTIVE DATE
IMMEDIATELY AFTER PUBL!CAT[ON.
]3
City Council Meeting October 12, 2004
(4) P. O. No. 5456 Amending The Code Of Ordinances,
Paragraph (E) Straight Connections To Section 110-70
(Discontinuance Of Service), Division 2 (Connections) Of
Article I! (Water) Of The Code Of Ordinances, City Of Port
Arthur; And Declaring The Effective Date Hereof; And
Providing For Publication.
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember $inegal and seconded by Councilmember
Barker that Proposed Ordinance No. 5456 be adopted.
The City Manager commented on the problems of straight connections and the current
ordinance stating the property owner is responsible for water service. He discussed the
distinction of the proposed ordinance allowing a renter to initiate a water service
account, therefore, releasing the property owner of any liability for the water service.
Proposed Ordinance No. 5456 was adopted becoming Ordinance No. 04-65.
Voting Yes: Presiding Officer Councilmember Henderson; Councilmembers Hannah,
Barker, Flood, Thompson, Prince and Sinegal.
Voting No' None.
The caption of Ordinance No. 04-65 reads as follows:
ORD!NANCE NO. 04-65
Af-tENDZNG THE CODE OF ORDINANCES, PARAGRAPH
CE) STRA!GHT CONNECTZONS TO SECTION 110-70
(D!SCONT]~NUANCE OF SERVZCE), D!VZS1~ON 2
(CONNECTIONS) OF ARTICLE II (WATER) OF THE
CODE OF ORD!NANCES, C!TY OF PORT ARTHUR; AND
DECLAR!NG THE EFFECT!VE DATE HEREOF; AND
PROV!D!NG FOR PUBL!CATZON.
(5) P.O. No. 5459 - An Ordinance Amending The Zoning
Ordinance Of The City Of Port Arthur By Granting A Specific
Use Permit For Auto Storage On Lots 6 And 7, Block 24,
Beachwa¥ Addition, Port Arthur, 3efferson County, Texas
(Violation Of This Ordinance Or The Zoning Ordinance Of
The City Of Port Arthur Is Punishable As Provided !n
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 !mmediatel¥ After
Publication Date. (Z04-07 FUNEZ - 3218 GULFWAY DR!VE).
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Sinegal, seconded by Councilmember Thompson,
and carried unanimously, Proposed Ordinance No. 5459 was adopted becoming
Ordinance No. 04-66.
Voting Yes: Presiding Officer Councilmember Henderson; Councilmembers Hannah,
Barker, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 04-66 reads as follows:
]4
City Council Neeting October 12, 2004
ORDINANCE NO. 04-66
AN ORDINANCE AMENDIING THE ZONING
ORDTNANCE OF THE C~TY OF PORT ARTHUR BY
GRANTING A SPECZFZC USE PERMIT FOR AUTO
STORAGE ON LOTS 6 AND 7, BLOCK 24, BEACHWAY
ADD1~TZON, PORT ARTHUR, 3EFFERSON COUNTY,
TEXAS (VZOLATIION OF THIS ORDt,NANCE OR THE
ZONt,NG ORDt,NANCE OF THE CTTY OF PORT ARTHUR
TS PUNt,SHABLE AS PROVZDED TN SECTt,ON 1-13 OF
THE CODE OF ORDt,NANCES AS AMENDED BY FINE
NOT EXCEEDt,NG TWO THOUSAND [$2,000.00]
DOLLARS); AND PROVt,DTNG FOR PUBLt,CATt,ON t,N
THE OFFICIAL NEWSPAPER OF THE CITY OF PORT
ARTHUR AND EFFECTIVE TMMEDTATELY AFTER
PUBLt,CATt,ON DATE. (Z04-07 FUNEZ - 3218
GULFWAY DI~VE).
(6) P.O. NO. 5460 - An Ordinance Amending The Zoning
Ordinance Of The City Of Port Arthur By Granting A Specific
Use Permit For a Beauty/Barber Shop On The West I Acre
Of The East 4 Acres Of Lot 4, Block 1, Port Acres, Port
Arthur, 3efferson County, Texas (Violation Of This
Ordinance Or The Zoning Ordinance Of The City Of Port
Arthur t,s Punishable As Provided t,n 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 Publication Date.
(Z04-08 BROUSSARD - 2623 66TM STREET).
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Sinegal, seconded by Councilmember Thompson and
unanimously carried, Proposed Ordinance No. 5460 was be adopted becoming Ordinance
No. 04-67.
Voting Yes: Presiding Officer Councilmember Henderson; Councilmembers Hannah,
Barker, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 04-67 reads as follows:
ORDI'NANCE NO. 04-67
AN ORDt'NANCE AMENDt'NG THE ZONZNG
ORDI'NANCE OF THE CI~TY OF PORT ARTHUR BY
GRANTt'NG A SPECt"Ft,C USE PERMTT FOR A
BEAUTY/BARBER SHOP ON THE WEST 1 ACRE OF THE
EAST 4 ACRES OF LOT 4, BLOCK 1, PORT ACRES,
PORT ARTHUP-v .1EFFERSON COUNTY, TEXAS
(V1'OLAT?ON OF THt'S ORDt,NANCE OR THE ZONt'NG
ORDI'NANCE OF THE Ct'TY OF PORT ARTHUR TS
PUNt,SHABLE AS PROVt,DED t,N SECTt,ON 1-13 OF THE
CODE OF ORDt,NANCES AS AMENDED BY Ft'NE NOT
EXCEEDt,NG TWO THOUSAND [$2,000.00] DOLLARS);
AND PROVt,Dt,NG FOR PUBLt'CATt,ON 1'N THE
OFFt,Ct,AL NEWSPAPER OF THE Ct,TY OF PORT
ARTHUR AND EFFECTIVE TMMEDTATELY AFTER
PUBLt'CATt'ON DATE. (Z04-08 BROUSSARD 2623
¢iLy Council rvl~Ung October 12, 200';.
66TM STREET).
C,~Reports And Recommendations
(1)Report On Ambulance Services
GoldStar EMS Representative Stephanie Garcia, 4439 Gulfway Drive, and MetroCare
EMS Representative 3oe Ancelet, 3734 Highway 69 North, appeared before the City
Council to report on ambulance services. They jointly conducted a power point
presentation detailing the emergency medical services that the ambulance companies
provide.
Fire Chief Larry Richard, appeared before the City Council to address ambulance service
emergency responses and communication issues.
(2) Report On Status Of City-Wide Clean Up
Public Works Director 3ohn Comeaux introduced "Operation Clean Sweep" Steering
Committee members as follows:
Community Services Director Lawrence Baker
City Engineer/Assistant Director of Public Works Ross Blackketter
Assistant Police Chief Colonel Mark Blanton
Transportation Planner Paul Brown
Director of Public Works .John Comeaux
Environmental Health Supervisor/Demolition Coordinator Darlene Pierre
Solid Waste Superintendent Gerald Robinson
Human Resources Director/Assistant City Manager Harvey Robinson
Weed and Seed Coordinator LaTonya Turner
The Steering Committee reported on the Operation Clean Sweep operations including
the distribution of flyers, advertisement, promotional and educational materials,
recycling hazardous materials, logo competition, abandoned vehicles, demolition
program and code enforcement activities.
Councilmember Barker requested copies of the flyers and code of ordinances.
Councilmember Sinegal requested Weed and Seed Coordinator Turner contact the Port
Arthur Independent School campuses to involve school age children in the clean up
activities.
V. UNFINISHED BUSINESS
P. R. No. 12807 - A Resolution As It Pertains To The Revolving
Loan Of I~lelba And Allen Watson.
The Presiding Officer Councilmember Henderson introduced the above-mentioned
Proposed Resolution.
Upon the motion of Councilmember Sinegal, seconded by Councilmember Thompson,
and carried unanimously, Proposed Resolution No. 12807 was adopted becoming
Resolution No. 04-342.
Voting Yes: Presiding Officer Councilmember Henderson; Councilmembers Hannah,
Barker, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-342 reads as follows:
]6
City Council Meeting October 12, 2004
RESOLUTION NO. 04-342
A RESOLUTION AS ?T PERTATNS TO THE REVOLV?NG
LOAN OF MELBA AND ALLEN WATSON.
Vt't'I. REPORTS OF BOARDS & COMt4ZTTEES
None
X. FUTURE AGENDA ITEMS OR RE(~UESTED REPORTS
Councilmember Flood
Requested a moratorium on new construction and specific land use study at
Pleasure Island.
Councilmember Prince
Requested researching legal action against Kansas City Railroad for non-
maintenance of their railroad tracks in the City.
Councilmember Sinegal
Requested adding the painting of the train overpass at GulflNay Drive and
Houston Avenue to the Operation Clean Sweep Project.
Councilmember Henderson
(1) Requested setting a date for Students in Government Days.
(2) Requested a report updating the sewer and water replacement
project regarding resurfacing the pavements.
The City Manager announced a Joint IVleeting will be held with the City Council
and Port Arthur Independent School District at Stilwell Center at 4:30 p.m., and a
Special/Joint Meeting will be held with the City Council and the Section 4A
Economic Development Corporation on Tuesday, October 19, 2004 at 5:30 p.m.
Xl'. ADIOURNMENT OF MEETI'NG
Upon the motion of Councilmember Sinegal, seconded by Councilmember Thompson
and carried, the City Council adjourned their meeting at 4::12 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. ORTIZ
ATTEST:
CITY SECRETARY EVANGELTNE GREEN
END OF REGULAR t4EETTNG HELD October 12, 2004 APPROVED:
City Council Meeting October 12, 2004