HomeMy WebLinkAboutNovember 23, 2004 REGULAR MEETING - November 23, 2004
I. ROLL CALL~ INVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, November
23, 2004, at 5:35 p.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 Tern Beard arrived at the City Council meeting at 6:35 p.m.
The invocation was given by Councilmember Thompson and followed by the pledge to
the flag.
II. PUBLIC HEARINGS - 5:30 PM
(1) To Consider Whether Or Not Public Convenience And
Necessity Require The Operation Of 3esus Figueroa Wrecker
Service.
The Mayor introduced the above-mentioned public hearing at 5:36 p.m.
Police Chief .lohn Tyler and Lieutenant Balsemo appeared before the City Council and
Chief Tyler presented an overview of the wrecker service business at 2640 Gulfway Drive
that has been purchased by .lesus Figueroa from Fred Ballou. Chief Tyler affirmed that
all inspections and city requirements have been met to issue a wrecker permit.
The Mayor requested to hear from anyone present in the audience who wished to speak
regarding the above-mentioned proposed wrecker permit. No one came forward.
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal
and carried unanimously, the City Council closed the public hearing at 5:40 p.m.
(2) To Consider Whether Or Not Public Convenience And
Necessity Require The Operation Of La Uno Taxi,
The Mayor introduced the above-mentioned public hearing at 5:40 p.m.
Assistant City Attorney Val Tizeno commented that the permit was determined with the
police department.
Police Chief .lohn Tyler appeared before the City Council and stated that the inspections
and paperwork for the proposed taxi service were in proper order for the business
located at the 3200 block of Gulfway Drive.
The Mayor requested to hear from anyone present in the audience who wished to speak
regarding the proposed taxi permit.
The applicant, Mr. Santos Funez, 160:[ Sixth Avenue, appeared before the City Council
and commented on the almost one-year process required to obtain a permit prior to this
public hearing.
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal
and carried unanimously, the City Council closed the public hearing at 5:46 p.m.
III. PROCLAMATIONS & MINUTES
The IVlayor issued the following proclamation:
November 23, 2004 as ".leremy McZeal Day"
Councilmember Sinegal announced that an account has been set-up at Texas State Bank
to accept contributions to offset rising medical costs for the family. The account is: The
]eremy McZeal Benefit Account and that Mr. McZeal is in Hermann Memorial Hospital in
Houston, Texas. The contact person is Betty Polk at (409) 736-1648; she can provide
information regarding contributions.
Minutes - Regular Meeting November 9, 2004
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal
and carried unanimously, the City Council approved the above-mentioned minutes.
IV. PETITZONS & COMMUNICATIONS
A. Sneakers
(1) Remmie Lockhart Regarding Raising Funds For Student
Ambassador Trip 3une 19, 2005
Ms. Remmie Lockhart, 4021 Lexington Avenue, appeared before the City Council and
stated that she has been accepted in the People-to-People Student Ambassador Program
that will be in Europe and solicited support from the City Council. This program was the
vision of the late President of the United States Dwight D. Eisenhower and founded in
1956. Ms. Lockhart said that the contact individual is Mrs. Felicia Lockhart at (409) 963-
3008 or (409) 982-7428.
(2) Virginia Dudley Regarding The Utilization Of Room 201 Of
The City Hall Annex By The Truth And Education Corporation
Mrs. Virginia Dudley, 1835 Snyder, appeared before the City Council and expressed
concern with a private business, the Truth and Education Corporation Radio Station,
being located at a governmental entity-City Hall. She commented that this resolution
needs additional consideration and that a lot of questions need answering before this
takes place.
Mr. Stephen Moseley, 1440 Barbra Lane, President of the Truth and Education
Corporation, appeared before the City Council and commented that his radio station is
about bringing people together. He said the Unity Radio is a non-profit, non-commercial
business. The location evolved around three basic principles--(1) to create economic
development downtown to try to increase traffic and encourage businesses to come
downtown; (2) to create an opportunity to give our youth education in the business of
real broadcasting at no charge to them; (3) to give the city opportunities to coordinate
with the business sector and create opportunities with small businesses and others. He
said that major entities are interested in doing business and bringing it back to
downtown Port Arthur and after speaking to each Councilmember, he found them
positive about the opportunity. Mr. Moseley also added that the radio station would
promote public service to help the people of Port Arthur for no charge. He stated that
his radio station is offering the City of Port Arthur "over a half a million dollars the first
year of operation in free advertisement and all we ask for is about four or five rooms to
use just so we can promote it, have it in a decent place where people can come back
downtown, do business with the City of Port Arthur, encourage development, do things
that work with our school district and city...."
Councilmember Prince stated: "Just for the record, I support you 100%, whether you go
into room 201 or any other place you've got my total support in this effort--and I think
you probably have the support of most of this Council--if not all of it."
(3) Marie Block Regarding Bethlehem On The Boardwalk
Mrs. Maria Block, 3435 Woodrow Drive, appeared before the City Council and gave a
presentation regarding the Annual 2004 Los Posadas/Bethlehem on the Boardwalk
Celebration that will be held on December 4, 2004 at 6:00 p.m.
City Council Minutes November 23, 2004 2
B. Corresoondence
None
V. UNFTNTSHED BUSTNESS
None
VT. CONSENT AGENDA
Upon the motion of Councilmember Henderson, seconded by Councilmember Thompson
and carried unanimously, the following Consent Agenda items were adopted with the
exception of Items A., B., D. and Proposed Resolution No. :t2907:
C. Consideration And Approval To Renew The Annual Contract
To Petroleum Traders Corporation Of Fort Wayne, Tndiana
For Supplying Diesel #2 Fuel For The City's Transit Center,
Wastewater Treatment Plant On Highway 365 And Dyed
Diesel For Off-Road Use For The Landfill Tn The Estimated
Amount Of $128,000.
E. Expense Accounts:
Mayor Oscar G. Ortiz:
Entergy Team City Conference, Montgomery, TX
November 4, 2004 $ 438.84
Councilmember Felix Barker:
Attend Annual Texas Municipal League Conference,
Corpus Christi, TX, October 27-29, 2004 $1,086.85
Councilmember Deloris "Bobble" Prince:
Attend Annual Texas Municipal League Conference,
Corpus Christi, TX, October 27-29, 2004 $1,098.01
Attend Entergy Team City Conference, Montgomery, TX
November 4, 2004 $ 427.45
City Manager Steve Fitzgibbons:
Attend Entergy Team City Conference, Montgomery, TX
November 4, 2004 $ 126.17
City Attorney Mark Sokolow:
Attend Annual Texas Municipal League Conference,
Corpus Christi, TX, October 27-29, 2004 $ 840.25
Resolutions - Consent
(1) P.R. No. 12893 - A Resolution Authorizing The Director Of
Utility Operations To Purchase Polymers And Delineating
Procedures For The Purchase Of Other Chemicals.
Proposed Resolution No. 12893 was adopted becoming Resolution No. 04-376,
(2) P.R. No. 12901 - A Resolution Authorizing The Execution Of
A Contract Between The City Of Port Arthur And Rose E.
Quirante, R.D., For The Provision Of Dietary Consultation
Services For The Women, Tnfants And Children (WTC)
Program.
Proposed Resolution No. 12901 was adopted becoming Resolution No. 04-377.
City Council Minutes November 23, 2004 3
(3) P.R. No. ;12903 - A Resolution Authorizing Funds Tn The
Estimated Annual Amount Of $140,000 tn Calendar Year
2005 For The Texas Commission On Environmental Quality
Annual Fees, Paid Quarterly For The Waste Disposed Of At
The City Of Port Arthur Landfill Facility, Permit No. ;18;15,
And Authorize The Director Of Public Works To Make Said
Quarterly Payments To Texas Commission On
Environmental Quality; Account No. 403-;1274-533.5g-0;1
And Other Public Works - Solid Waste Division Accounts Zn
Which Balances Exist.
Proposed Resolution No. 12903 was adopted becoming Resolution No. 04-378.
(4) P.R. No. ;12906 - A Resolution Approving Payment In The
Amount Of $74,695 For The TCE(~ Annual Consolidated
Water Ouality Assessment Fees For All Four (4) Wastewater
Treatment Facilities In The City Of Port Arthur; Account No.
4;10-:1256-532.54-O0.
Proposed Resolution No. 12906 was adopted becoming Resolution No. 04-379.
(6) P.R. No. ;12g;18 - A Resolution Granting Permit #;167 To
Permit The Drilling Of An Oil Or Gas Well To Duncan Oil, ]nc.
Proposed Resolution No. 12918 was adopted becoming Resolution No. 04-380.
(7) P.R. No. ;1292;1 - A Resolution Authorizing The Execution Of
A Memorandum Of Understanding Between The City Of Port
Arthur And The P.A.L.I~I. Center Of Beaumont, TX.
Proposed Resolution No. 12921 was adopted becoming Resolution No. 04-381.
(8) P.R. No. ;12924 - A Resolution Authorizing The City Manager
To Enter Tnto A Contract For Fuel Dispensing With Fuelman
Of Beaumont, Texas.
Proposed Resolution No. 12924 was adopted becoming Resolution No. 04-382.
ITEMS REOU]R]NG INDIVIDUAL ACTION- CONSENT
A. Consideration And Approval Of Awarding A Bid For The
Purchase Of Two 3/4-Ton Pickup Trucks (With Service Body
And Extended Warranty) To Orange Ford Of Orange~ TX In
The Amount Of $4;1~610 For The Public Works Department
(Drainage Division).
The Mayor introduced the above-mentioned proposed Item.
The motion was made by Councilmember Thompson and seconded by Councilmember
Sinegal that Item A be approved.
Purchasing Coordinator .loseph Broussard appeared before the City Council and
answered an inquiry regarding the bid process. He stated: "The 3% would have
brought the Port Arthur vendor within a couple of hundred dollars--so the lowest bid
being $10,985--you add 3% to that, that would be the top end of what the Port Arthur
vendor would be able to bid and still win the bid. In this particular case, what we have
is ,1K Chevrolet that has two dealerships~ne of the Port Arthur side, and one on the
Nederland side. He actually submitted the bid from the Nederland side...."
Item A was adopted unanimously.
City Council Minutes November 23, 2004 4
B. Consideration And Approval Of Awarding A Contract For The
Purchase, Delivery And Removal Of Batteries For The City's
Rolling Equipment To Battery Warehouse Of Orange, TX [n
The Estimated Amount Of $8,209.30.
The Mayor introduced the above-mentioned proposed Item.
The motion was made by Councilmember Prince and seconded by Councilmember
Henderson that Item B be approved.
The City Manager commented that "We had one Port Arthur bidder that was a little more
than 10% higher than the Iow bidder."
Item B was adopted unanimously.
D, Consideration And Approval Of Awarding A Bid For The
Purchase Of One Compact Pickup Truck To Orange Ford Of
Orange, Texas Zn The Amount Of $10,985.30 For The Health
Department
The Mayor introduced the above-mentioned Item.
The motion was made by Councilmember Sinegal and seconded by Councilmember
Prince that Item D be approved.
Purchasing Coordinator Joseph Broussard appeared before the City Council and
explained the process followed in bid submission. He said: "Actually what we did is
submit the bids as they came in--so as the departments turned in the requests, we then
prepared the bid packets, advertised it and put it out. He explained that combining the
bids would not be an advantage because the city did obtain the best price."
Item D was adopted unanimously.
Resolutions - Consent
(5) P, R, No, 12907 - A Resolution Authorizing The Hayor And
City t4anager To Execute Change Order 01, :~ncreasing The
Scope Of Services For The Contract Dated August 20, 2002
Between The City Of Port Arthur And SCS Engineers Of
Bedford, Texas For Landfill Permitting And Design And
Increasing The Budget For This Project To A Total Of
$338,000; Solid Waste Account No. 403-1274-533.54-00.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Flood that Proposed Resolution No. 12907 be adopted.
Public Works Director John Comeaux and Assistant Public Works Director Ross
Blac~kketter appeared before the City Council to respond to inquiries regarding the
above-mentioned proposed resolution.
Assistant Public Works Director Blackketter responded to an inquiry regarding whether or
not the change orders had City Council authorization. He also stated that the work was
done prior to his and Mr. Comeaux's tenure with the City.
The City Manager commented on the items contained in the background information of
the Council Action Memorandum (CAM). He reviewed the various items on the
background memorandum and said that he was unaware of the submission dates for the
bills.
City Council Minutes November 23, 2004
Assistant Public Works Director Backketter said that the bills were paid under the
existing contract, but that the existing budget is no longer sufficient to complete the
project. This is the rationale behind the proposed resolution in order to complete the
landfill project.
Public Works Director ,lohn Comeaux stated that his department understands procedures
and reiterated that this occurred prior to their tenure with the City of Port Arthur.
Finance Director Rebecca Underhill appeared before the City Council to clarify that this is
an ongoing project that began a couple of years ago. She stressed that "We have not
spent more than we were authorized at this point." The Finance Director reviewed the
controls that are in place to ensure that money is not over-released.
Assistant City Attorney Val Tizeno commented on the char~ in Exhibit "A" that is a
summary of the out-of-scope services provided by SCS Engineers and that most items
provided are administrative requirements of TCEQ.
Human Resource Director Harvey Robinson appeared before the City Council and said
that he recalled that the former Public Works Director had informed them of these
additional costs, but during his transitional period, the paperwork remained to be
cleaned-up.
Councilmember Barker left his seat.
Proposed Resolution No. 12907 was adopted becoming Resolution No. 04-383.
Voting Yes: Mayor Ortiz, Mayor Pro Tem Beard; Councilmembers Hannah, Henderson,
Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-383 reads as follows:
RESOLUT?ON NO. 04-383
A RESOLUTTON AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE CHANGE ORDER 01~
INCREASING THE SCOPE OF SERVICES FOR THE
CONTRACT DATED AUGUST 20~ 2002 BETWEEN THE
CITY OF PORT ARTHUR AND SCS ENGINEERS OF
BEDFORD~ TEXAS FOR LANDFILL PERMtl'rING AND
DESIGN AND INCREASING THE BUDGET FOR THIS
PRO3ECT TO A TOTAL OF $338~000; SOLID WASTE
ACCOUNT NO. 403-1274-533.54-00.
VII. 1ITEMS RE(~UIRZNG TNDIVIDUAL ACTION--NON-CONSENT
A. Resolutions
(1) P.R. No. 12896 - A Resolution Authorizing The City Of Port
Arthur Section 4A Economic Development Corporation To
Pay $3,795 To Lamar University Department Of
Communication For The Taping Of The City Of Port Arthur
Section 4A Economic Development Corporation Meetings.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Mayor Pro Tern Beard and seconded by
Councilmember Henderson that Proposed Resolution No. 12896 be adopted.
Councilmember Henderson left his seat.
Councilmember Barker returned to his seat.
City Council Ninutes November 23, 2004
Economic Development Corporation Executive Director Ike Mills appeared before the City
Council to respond to inquiries.
The City Attorney noted for the record a typographical error on Page 2 of the proposed
resolution that should read: "$3,795.00."
Proposed Resolution No. 12896 was adopted becoming Resolution No. 04-384.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmember Hannah, Barker, Flood,
Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-384 reads as follows:
RESOLUTION NO. 04-384
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO PAY $3,795 TO LAi~IAR
UNIVERSITY DEPARTMENT OF COMMUNICATTON FOR
THE TAPING OF THE CITY OF PORT ARTHUR SECTION
4A ECONOMIC DEVELOPMENT CORPORATION
f4EETINGS.
(2) P.R. No. 12902 - A Resolution Authorizing The Execution Of
A Contract With Hebert Lawn Maintenance Services For
Lawn Maintenance For The City Of Port Arthur Section 4A
Economic Development Corporation For 4173 39th Street.
The Mayor introduced the above-mentioned Proposed Resolution.
Councilmember Henderson returned at 7:03 p.m.
The motion was made by Councilmember Sinegal and seconded by Councilmember
Flood that Proposed Resolution No. 12902 be adopted.
Purchasing Coordinator .loseph Broussard appeared before the Council and confirmed
that the proposed contract would be with a Port Arthur based company.
Proposed Resolution No. 12902 was adopted becoming Resolution No. 04-385.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmember Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-385 reads as follows:
RESOLUTION NO. 04-385
A RESOLUTION AUTHORtZING THE EXECUTTON OF A
CONTRACT WITH HEBERT LAWN MAINTENANCE
SERVICES FOR LAWN MAINTENANCE FOR THE CTTY
OF PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION FOR 4173 39TM
STREET.
(3) P. R. No. 12909 - A Resolution Approving A Purchase
Agreement Of Approximately 18 Acres Adjacent To West 7th
Street From The Kansas City Southern Railway Company.
The Mayor introduced the above-mentioned Proposed Resolution.
City Council Minutes November 23, 2004 7
The motion was made by Councilmember Flood and seconded by Councilmember
Sinegal that Proposed Resolution No. 12909 be adopted.
EDC Executive Director Ike Mills appeared before the Council and responded to inquiries
regarding the purchase agreement from Kansas City Southern.
Proposed Resolution No. 12909 was adopted becoming Resolution No. 04-386.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmember Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-386 reads as follows:
RESOLUTION NO. 04-386
A RESOLUTION APPROVING A PURCHASE
AGREEMENT OF APPROXIMATELY 18 ACRES
AD3ACENT TO WEST 7TH STREET FROM THE KANSAS
CITY SOUTHERN RAILWAY COMPANY.
The City Attorney requested to hold P.R. No.'s 12913, 12914, 12919, 12920, 12923 and
12927 until after the Executive Session.
(6) P. R. No, 12915 A Resolution Approving Invoice Or
Invoices Of The Ci~ Of Port Arthur Section 4A Economic
Development Corporation,
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Flood and seconded by Mayor Pro Tern Beard
Proposed Resolution No. 12915 be adopted.
The City Attorney clarified that the B. W. Architect invoice is the final payment for the
IASIS project and that the Small Business Enterprise Program consultation services
remain. City Attorney Sokolow stated that the EDC Executive Director and EDC
Chairman of the Finance Committee approved the invoices and the Assistant City
Attorney and the Finance Director have reviewed the invoices.
Councilmember Henderson and Mayor Pro Tem Beard expressed concerns of the
absence of the exhibit and requested payment summary be presented prior to City
Council action.
Councilmember Sinegal stated the following for the record:
Mayor and Council, I want to go on the record as saying that ! think this is
one of the most atrocious things we could do. If you look at that list that
Mr. Sokolow read out, ! was waiting for him to say they have bought ten
rolls of toilet paper. If that is not micromanaging in the purest form, then
! have a problem with it. ! voted against it. ! am going to continue to
vote against these invoices. Somebody asked me what would happen if
everybody on the Council voted against approving these invoices. ! really
don't care. But, we have no business, unless we are going to do every
entity in the city, go line by line on every expense they pay. ! have a
problem with this and it's wrong. It's wrong and everybody on the Council
should be shamed, ! believe. Because we had problems with the auditor,
we needed to put some procedures in place to assure that the old
problems don't happen again. But if we have to sit and listen to line item
by line item of them buying toilet tissue, staples and sandwiches. ! think
that's wrong. You know, ! wasn't going to say anything, !'m just going to
vote against it. But listening to Mr. Sokolow read that, it sends chills to my
body. Because T would like to know what the Pleasure !sland Commission,
City Council Minutes November 23, 2004 8
! know it's a different entity. ! would like to know what the Pleasure Island
Commission is spending. ! would like to know what the Beautification
Commission is spending. If they order some roses, I'd like to know if we
are going to do it that way. ! just want to go on record and say that's why
I object and that's why I vote against doing this. And I think there is a
better way to do it than just sit here and go line by line and ask how much
they spent for toilet tissue, toothpaste, sandwiches and different things like
that. I want to make sure ! go on record to object to that.
I think we need to put procedures in place in the EDC, in the city,
whatever. We say we have them. And if someone violates that procedure
after we put it into place, we deal with that person. I hope the next
Council meeting we don't have sit... He may have 30,000 line items. And,
I'm going to get up and leave to be honest with you. But ! really believe
it's a shame, Mayor. I want to say that again. ! can't say it enough. And,
I, we are treating the EDC different than we are treating any other entity.
I'll say again, if someone, if we put a procedure in place, if someone
violates that, I'll be the first one up here to say let's hang 'em. But, we
need to stop. I'm on record.
Councilmember Thompson left his seat at 7:25 p.m.
Proposed Resolution No. 12915 was adopted becoming Resolution No. 04-387.
Voting Yes: Mayor Ortiz; IVlayor Pro Tern Beard; Councilmember Hannah, Barker,
Henderson and Flood.
Voting No: Councilmembers Prince and Sinegal.
The caption of Resolution No. 04-387 reads as follows:
RESOLUTZON NO. 04-387
A RESOLUTION APPROVING INVOICE OR INVOICES
OF THE CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION.
(7) P.R. No. 1291.6 - A Resolution Appointing Directors And/Or
Advisory Directors To The City Of Port Arthur Section 4A
Economic Development Corporation.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Flood and seconded by Councilmember
Sinegal that Proposed Resolution No. 12916 be adopted.
Councilmember Thompson returned to his seat at 7:30 p.m.
Proposed Resolution No. 12916 was adopted becoming Resolution No. 04-388.
Voting Yes: Mayor Ortiz; IVlayor Pro Tern Beard; Councilmember Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-386 reads as follows:
RESOLUTtON NO. 04-388
A RESOLUTtON APPO?NTI'NG DtRECTORS AND/OR
ADV?SORY DTRECTORS TO THE CITY OF PORT
ARTHUR SECT1~ON 4A ECONOI~I*rC DEVELOPMENT
CORPORATION.
City Council Minutes November 23, 2004 9
(:~0) P. R. No. :L2922 - A Resolution Amending The Contract
Between The City Of Port Arthur And The Port Arthur
Convention And Tourist Association Which Manages And
Operates A Convention/Visitors Bureau.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Thompson and seconded by Councilmember
Henderson that Proposed Resolution No. 12922 be adopted.
City Attorney Sokolow read the following into the record:
Paraqraph 5.
The City shall advance to the Association a portion of the proceeds of the
Hotel/Motel Occupancy Tax received by the City. The amount of the
advance will be determined by the City Council on an annual basis. The
Convention and Tourist Association requests that this time each year the
City Council take into consideration the change in financial circumstances
of the Tourist Association and the City's effectiveness of marketing efforts
of the Association's value to tourism in Port Arthur. The funds allocated to
the Association's budget for Fiscal Year 2004-2005 are $325,000. To
effectuate the intentions of the parties hereto has agreed that the
following procedure for such payment shall be established:
(a). The City will advance to the Association one-twelfLh (1/12) of their
annual allocation on a monthly basis.
(b). In the first month of each calendar quarterly year, the Association
shall furnish to the City Manager a statement of the activities of the
Convention/ Visitors Bureau during the proceeding calendar
quarterly period.
Port Arthur Convention And Tourist Association Executive Director Tammy Kotzur
appeared before the City Council to discuss benchmarking tourism activities and
quarterly reporting.
City Attorney Sokolow read the following amendment into the record:
The City shall advance to the Association a portion of the proceeds of the
Hotel/Motel Occupancy Tax received by the City. The amount of the
advance will be determined by the City Council on an annual basis. The
Convention and Tourist Association requests that during the annual
budget planning cycle each year, the City Council takes into
consideration the change in financial circumstances of the Tourist
Association and the City's effectiveness of marketing efforts of the
Association's value to tourism in Port Arthur.
The motion was made by Mayor Pro Tem Beard and seconded by Councilmember
Sinegal that Proposed Resolution No. 12922 be amended as read by the City Attorney.
The motion to amend Proposed Resolution 12922 carried unanimously.
Proposed Resolution No. 12922 was adopted as amended becoming Resolution No.
04-389.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmember Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-389 reads as follows:
City Council Minutes November 23, 2004
RESOLUTION NO. 04-389
A RESOLUTION Af4ENDING THE CONTRACT BETWEEN
THE CITY OF PORT ARTHUR AND THE PORT ARTHUR
CONVENTION AND TOURIST ASSOCIATION WHICH
MANAGES AND OPERATES A CONVENTTON/V1~SITORS
BUREAU.
(12) P. R. NO. 12925 - A Resolution Authorizing The Chief Of
Police To Issue A Taxi Business Permit To Santos Funez DBA
La Uno Taxi, Located At 3218 Gulfway Drive In Port Arthur,
Texas.
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and
carded, Proposed Resolution No. 12925 was adopted becoming Resolution No. 04-390.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmember Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-390 reads as follows:
RESOLUTION NO. 04-390
A RESOLUTtON AUTHORIZING THE CHIEF OF POLICE
TO ISSUE A TAXI BUS[NESS PERIqIT TO SANTOS
FUNEZ DBA LA UNO TAXI, LOCATED AT 3218
GULFWAY DRIVE IN PORT ARTHUR, TEXAS.
(13) P. R. No. 12926 A Resolution Appointing And/Or
Reappointing f4embers To The Planning And Zoning
Commission. (Requested By Councilmember Prince)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution No. 12926 be adopted with Councilmember Prince's
nomination of Anthony Thomas to replace the late dedicated Planning and Zoning
Commissioner Anderson Harrison.
Proposed Resolution No. 12926 was adopted becoming Resolution No. 04-391.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmember Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-391 reads as follows:
RESOLUTt'ON NO. 04-391
A RESOLUTtON APPOTNTt'NG AND/OR
REAPPO'rNTt'NG IqEIqBERS TO THE PLANN?NG AND
ZONING COMI~ITSSTON. (RE(~UESTED BY
COUNCILf4EMBER PRINCE)
B. Ordinances
P. O. No. 5473 - An Ordinance By The City Council Of The
City Of Port Arthur Authorizing The Acceptance Of Deed
City Council Minutes November 23, 2004 ! !
Restrictions Prohibiting The Use Of Designated
Groundwater From Beneath The 6,3 Acres Located At The
Old Port Drum Site To Facilitate Certification Of A Municipal
Setting Designation Of Said Property By The Texas
Commission On Environmental Quality ("TCEQ') Pursuant
To The Texas Solid Waste Disposal Act; And Providing For
An Effective Date Of This Ordinance.
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Ordinance No. 5473 be adopted.
The City Attorney read the following proposed amendments into the record:
Page 2
2. As a part of such application, applicant will submit a statement to
TCEQ regarding the type of known contamination in the
groundwater beneath the MSD property and has identified that
shallow groundwater (less than fifty (50) feet below ground surface)
(''designated groundwater'~) contains chemical of concern above Tier
1 groundwater ingestion protective concentration levels as stated in
30 Texas Administrative Code Chapter 350 (''Texas Risk Reduction
Program" or "TRRP'9.
Page 3
WHEREAS, The Kansas City Southern Railway Company strongly
desires a municipal setting designation for the MSD property be secured,
as well as TCEQ closure documentation...
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal to adopt the above-mentioned amendment.
The motion to amend Proposed Ordinance No. 5473 carried unanimously.
Proposed Ordinance No. 5473 was adopted as amended becoming Ordinance No. 04-75.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No' None.
The caption of Ordinance No. 04-75 reads as follows:
ORDINANCE NO. 04-75
AN ORDINANCE BY THE CTTY COUNCIL OF THE CZTY
OF PORT ARTHUR AUTHORZZtNG THE ACCEPTANCE
OF DEED RESTRICTIONS PROHIB1~TING THE USE OF
DESTGNATED GROUNDWATER FROM BENEATH THE
6.3 ACRES LOCATED AT THE OLD PORT DRUM SITE TO
FACILITATE CERTIFTCATION OF A MUNICIPAL
SEI-rING DES1~GNATION OF SATD PROPERTY BY THE
TEXAS COMMISSION ON ENVZRONMENTAL (~UALITY
("TCE(~") PURSUANT TO THE TEXAS SOLltD WASTE
DISPOSAL ACT; AND PROVTDTNG FOR AN EFFECTIVE
DATE OF THIS ORDINANCE.
C. *Reoorts And Recommendations
(:t) Report On Purchasing Office Supplies (Requested By Mayor
Ortiz)
City Council Minutes November 23, 2004 ]2
Purchasing Coordinator Joseph Broussard presented the above-mentioned report.
(2) Report On Police Calls By Districts (Requested By
Councilmember Barker)
Police Chief John Tyler presented the above-mentioned report.
(3) Report On Sanitary Sewer Projects & Smoke Testing
(Requested By Mayor Pro Tern Beard)
Utility Operations Director Kelly Eldridge presented the above-mentioned report.
(4) Report On Cost Of Options To Place Water Bills In Envelopes
(Requested By Councilmember Prince)
Finance Director Rebecca Underhill presented the above-mentioned report.
(5) Report On Weed & Seed Program
Weed and Seed Coordinator Latonya Turner presented the above-mentioned report.
(6) Report On Target Project
The City Manager presented the above-mentioned report.
VIII. REPORTS OF BOARDS & COMMI]-rEES
None
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meetina:
(1) Section 551.072 Government Code - To Discuss The Value
Of Land On Pleasure Island.
(2) Section 551.071 Government Code - To Discuss With The
City Attorney Procedures As To Avoid Litigation As To The
Processes, Procedures And Personnel Issues Of The
Economic Development Corporation, As Well As To Discuss
Potential Litigation Against EDC Consultants And Grantees.
(3) Section 551.071 Government Code - To Discuss With The
City Attorney Prospective Litigation As It Pertains To Mary
Talbot.
(4) Section 551.074 Government Code - To Discuss With The
City Attorney The Duties And Responsibilities Of The City
Attorney.
(5) Section 551.072 Government Code - To Discuss The Value
Of City Property In Downtown Port Arthur.
(6) Section 551.087 Government Code - To Discuss Incentives
For Commercial, Residential And Industrial Business
Prospects.
(7) Section 551.071 Government Code To Discuss With The City
Attorney The Pending Litigation Between The City And
Travelers Indemnity Company.
The City Council recessed their meeting at 7:53 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 10:06 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.
City Council Minutes November 23, 2004 13
VII. ITEMS REQUIRING INDIVIDUAL ACTION - CONTINUED
Resolutions
(4) P. R. No. 12913 A Resolution As It Pertains To An
Economic Incentive Project Between The City Of Port Arthur
Section 4A Economic Development Corporation And
ECO/SEPA.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by IVlayor Pro Tern Beard and seconded by Councilmember
Thompson that Proposed Resolution No. 12913 be adopted.
The City Attorney explained the payment timetable and other aspects of the economic
incentive project.
EDC Executive Director Ike IVlills appeared before the City Council and rendered further
comments regard the above-mentioned proposed resolution.
Proposed Resolution No. 12913 was adopted becoming Resolution No. 04-392.
Voting Yes: IVlayor Ortiz; Mayor Pro Tern Beard; Councilmember Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-392 reads as follows:
RESOLUTION NO. 04-392
A RESOLUTION AS IT PERTAINS TO AN ECONOMIC
INCENTIVE PRO;IECT BETWEEN THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION AND ECO/SEPA.
(5) P.R. NO. 12914 - A Resolution Pertaining To The Incentive
Agreement Between The City Of Port Arthur Section 4A
Economic Development Corporation And Tres Cabelleros,
LTD.
The IVlayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Barker that Proposed Resolution No. 12914 be adopted.
The City Attorney read the following Exhibit "F" into the record:
The $20,000.00 will be returned to Alliance & Associates.
Proposed Resolution No. 12914 was adopted becoming Resolution No. 04-393.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmember Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-393 reads as follows:
RESOLUTION NO. 04-393
A RESOLUTION PERTAINING TO THE INCENTIVE
AGREEMENT BETWEEN THE CITY OF PORT ARTHUR
City Council Minutes November 23, 2004
SECTZON 4A ECONOMZC DEVELOPMENT
CORPORATION AND TRES CABELLEROS, LTD.
(8) P.R. No. 12919 - A Resolution As It Pertains To Information
Obtained During The Audit Of The City Of Port Arthur And
Its Component Units. (Requested By Mayor Ortiz)
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. 12919 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
12919:
Councilmember Barker "Yes"
Mayor Pro Tern Beard "No"
Councilmember Flood "No"
Councilmember Hannah "Yes"
Councilmember Henderson "Yes"
Councilmember Prince "No"
Councilmember Sinegal "No"
Councilmember Thompson "Yes"
Mayor Ortiz "Yes"
Prol~osed Resolution No. 12919 was adopted becoming Resolution No. 04-394.
The caption of Resolution No. 04-394 reads as follows:
RESOLUTION NO. 04-394
A RESOLUTION AS IT PERTAINS TO INFORMATION
OBTAINED DURING THE AUDIT OF THE CITY OF PORT
ARTHUR AND ITS COMPONENT UN]TS. (REI~UESTED
BY MAYOR ORTIZ)
(9) P.R. NO. 12920 - A Resolution Authorizing A Settlement
With Travelers Indemnity And Affiliated Companies.
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Mayor Pro Tern Beard, seconded by Councilmember Sinegal and
carried, Proposed Resolution No. 12920 was adopted becoming Resolution No. 04-395.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmember Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-395 reads as follows:
RESOLUTION NO. 04-395
A RESOLUTION AUTHORZZ]~NG A SE~-FLEMENT WITH
TRAVELERS INDEMNITY AND AFFILIATED
COMPANIES.
(11) P. R. No. 12923 - A Resolution As It Pertains To A Public
Progress Report By The Auditor Pertaining To Facts
Gathered During His Audit Of The City Of Port Arthur, Which
Included Component Units. (Requested By Mayor Ortiz)
The Mayor introduced the above-mentioned Proposed Resolution.
City Council Minutes November 23, 2004
The motion was made by Councilmember Henderson and seconded by Councilmember
Barker that Proposed Resolution No. 12923 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
12923:
Councilmember Barker "Yes"
Mayor Pro Tern Beard "No"
Councilmember Flood "No"
Councilmember Hannah "Yes"
Councilmember Henderson "Yes"
Councilmember Prince
Councilmember Sinegal "No"
Councilmember Thompson "Yes"
Mayor Ortiz "Yes"
Proposed Resolution No. 12923 was adopted becoming Resolution No. 04-396.
The caption of Resolution No. 04-396 reads as follows:
RESOLUTION NO. 04-396
A RESOLUTION AS IT PERTAINS TO A PUBLIC
PROGRESS REPORT BY THE AUDITOR PERTAINING
TO FACTS GATHERED DUR/NG HIS AUDIT OF THE
CITY OF PORT ARTHUR, WHICH INCLUDED
COMPONENT UNITS. (REQUESTED BY MAYOR ORTIZ)
(14) P. R. No. 12927 A Resolution Pertaining To The
Responsibilities Of Gayle Botley & Associates As It Pertains
To Expenses Related To The Port Arthur Redevelopment
Initiative Contract. (Requested By Mayor Ortiz)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tem Beard and seconded by Councilmember
Henderson that Proposed Resolution No. 12927 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
12927:
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"
Proposed Resolution No. 12927 was adopted becoming Resolution No. 04-397.
The caption of Resolution No. 04-397 reads as follows:
RESOLUTTON NO. 04-397
A RESOLUTION PERTATNING TO THE
RESPONSIBILITIES OF GAYLE BOTLEY & ASSOCIATES
AS IT PERTAINS TO EXPENSES RELATED TO THE PORT
ARTHUR REDEVELOPMENT INITIATIVE CONTRACT.
(REQUESTED BY MAYOR ORT1~Z)
City Council Minutes November 23, 2004 16
IX. *CLOSED MEETING (EXECUTTVE SESSION)
(6) Section 55:t.087 Government Code - To Discuss Tncentives
For Commercial, Residential And Industrial Business
Prospects.
The following motion was made by Councilmember Henderson, seconded by
Councilmember Thompson and unanimously carried:
A motion to authorize the Mayor, City Manager and City Attorney
to negotiate a development incentive with L$I and bring back the
agreement to the City Council for final approval,
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmember Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
The following motion was made by Councilmember Henderson, seconded by
Councilmember Thompson and unanimously carried:
A motion to authorize the Mayor, City Manager and City Attorney
to negotiate with Green Hill Development and Mr. Scott Monroe
for infrastructure improvements as to residential multi-family
dwellings with said proposals to be brought back to City Council
for final approval,
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmember Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal.
Voting No: None.
X. FUTURE AGENDA ZTEMS OR RE(~UESTED REPORTS
Councilmember Prince
Requested scheduling a meeting to discuss gang violence.
Mayor Pro Tem Beard
(1) Requested moving forward with Pleasure ]Island Land Use Study.
(2) Requested a report from Premcor on the November 18th tank release.
(3) Requested the Port Arthur Industrial Group provide enhancement to the
STAN Network Awareness System.
(4) Requested the Computer Information Department provide additional citizen
awareness information on the City's Web site.
(5) Announced that the Lamar State College's Process Operator Training
Program has been cancelled due to lack of participation.
Councilmember Hannah
Requested a report on extending the traffic caution lights blinking past 11:00 p.m,
Mayor Ortiz
Reported several street light outages.
City Council Minutes November 23, 2004
Councilmember Barker
Requested the City's new telephone system distinguish the incoming
departmental number from the trunk line.
XT. AD.1OURNMENT OF MEETZNG
Upon the motion of Councilmember Henderson, seconded by Mayor Pro Tem Beard and
carded unanimously, the City Council adjourned their meeting at 11:17 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. ORTZZ
ATTEST:
CITY SECRETARY EVANGELINE GREEN
END OF REGULAR MEETING HELD November 23, 2004 APPROVED:
City Council Minutes November 23, 200'~ 18