HomeMy WebLinkAboutJANUARY 18, 2005 REGULAR r4EETZNG - :IANUARY 18~ 2005
I. ROLL CALL, INVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, .lanuary
18, 2005 at 5:42 p.m. in the City Council Chambers, City Hall, with the following
members present: Mayor Pro Tern .lohn Bearc~, ~lr.; Councilmembers Craig Hannah, Felix
A. Barker, Thomas _1. Henderson, Martin Flood, Ronnie Thompson, Deloris "Bobble" Prince
and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; Assistant City Secretary
Terri Hanks and City Attorney Mark T. Sokolow.
The invocation was given by Councilmember Hannah and followed by the r~iedge to the
flag.
II. PROCLAMATIONS & f4XNUTES
Mayor Pro Tem Beard presented the following Proclamations:
(1) .lanuary 18, 2005 as "Annie Bell Horton Barkers Day'
(2) 3anuary 30, 2005 as "Ray Cline Day"
Mayor Pro Tern Beard presented a retirement gift to Library Director Ray Cline in
appreciation of his 32 years of service to the Port Arthur Public Library.
Library Director Cline appeared before the City Council to express gratitude for the honor
and introduced members of his family.
Mrs. Yvonne Sutherlin appeared before the City Council to honor Mr. Cline for his
contributions to the community.
Minutes- 3anuary4~ 2005 - Regular Meeting
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and
carried unanimously, the City Council approved the above-mentioned minutes.
Minutes - 3anuary 10, 2005 - Special Meeting
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and
carried unanimously, the City Council approved the above-mentioned minutes.
PETITIONS & COr4MUNICATTONS
A. Speakers
Noel Ozen And Sherry Kenner Regarding Problems In Port
Arthur Apartment Complexes ~Zn Police District Four
Port Arthur Parks Apartment Complex IVlanager Noel Ozen, 520 West Seventeenth Street,
appeared before the City Council to discuss criminal activity at the apartment complexes.
Fountain Blue Property Supervisor Sherry Kenner of New Iberia, Louisiana, appeared
before the City Council to request consideration in assigning additional police officers to
the area.
Councilmember Barker recognized Ms. Ozen and Ms. Kenner for their achievements in
improving the Port Arthur Parks Apartment Complex and recommended hiring two
additional officers who would be assigned to the TCOP program.
Gregory Flores Regarding IVlardi Gras - NOT PRESNET
(2)
(4)
Sherrie Beckett Regarding The Black Heritage Festival Of
Southeast Texas February 6-13, 2005
Ms. Sherrie Becket-t, 3119 Fifth Street, appeared before the City Council to discuss
planned events of the Black Heritage Festival and to request City Council consideration in
financially supporting a portion of the event.
(3)
Luverda Batiste Regarding Responding To City Council
Resolution Pertaining To MODEL Acceptance
Ms. Luverda Batiste, 2925 East Nineteenth Street, appeared before the City Council to
introduce MODEL's ( Mentor's Outlining Definitives for Early Living ) Chief Executive
Officer Charles White and Board Member Brian .lohnson.
Mr. Charles White appeared before the City Council to submit a counter proposal to the
Resolution.
Roosevelt Petry, 3r. Regarding Recognition Of Premcor's
Support Of Local Businesses
Mr. Roosevelt Petry, Jr., 410 Houston Avenue, appeared before the City Council to
recognize Premcor's support of local businesses, local hiring practices and for the
financial stimulation of Port Arthur's economy.
Councilmember Martin Flood made the following statement for the record:
Mr. Petty, T would like to also say for the record, so many times we usually
get a lot of people always coming before us and complaining about what
the refineries do not do, as far as hiring locally. But through your hard
efforts of pulling together a team and when you had a problem, you pulled
together the people at the refinery, council and anybody else that would
listen to you and stated your concern. And through that type of effort, it
paid off.
And I can also say to the people that you have made a tremendous
contribution to this city also. And we hope you continue to make this type
of contribution. And also, for you to come back after you have received the
results and then give the thanks to the refinery and anybody else that
worked with you. ! appreciate you for coming forward and making that
statement. So thank you very much and continue the hard work.
B. Corresoondence
None
V. UNFTNZSHED BUSINESS
Resolutions:
(1)
P. R. No. :12974 - A Resolution Authorizing The City Manager
To Execute A Three Year Agreement With T&N Laboratories
& Engineering Of Beaumont, Texas To Provide Methane Gas
Monitoring Services At The City's Municipal Landfill, MSW
Permit No. 1815, In The City Of Port Arthur, Texas Tn The
Amount Of $2,400 Per Year For A Total Of $7,200. Funds Are
Available In The Public Works - Solid Waste Division FY2005
Budget Account No. 403-1274-533.54.00 Each Subsequent
Year Will Be Budgeted For Tn That Year's Budget.
Mayor Pro Tem Beard introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Barker that Proposed Resolution 12974 be adopted.
City Council Minutes January 18, 2005
2
The City Manager explained that the aoove-mentioned item is not an engineering
contract subject to the City Charter limitation of engineering contracts exceeding two
years.
Proposed Resolution No. 12974 was adopted becoming Resolution No. 05-018.
Voting Yes: Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood,
Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No, 05-018 reads as follows:
RESOLUTTON NO. 05-018
A RESOLUTI'ON AUTHORI'Zt'NG THE CI'TY MANAGER
TO EXECUTE A THREE YEAR AGREEMENT WI'TH T&N
LABORATOR/ES & ENGTNEERING OF BEAUMONT,
TEXAS TO PROVIDE METHANE GAS MONTTORING
SERVTCES AT THE CITY'S MUNTCIPAL LANDFILL,
MSW PERMTT NO. 1815, TN THE CTTY OF PORT
ARTHUR, TEXAS TN THE AMOUNT OF $2,400 PER
YEAR FOR A TOTAL OF $7,200. FUNDS ARE
AVAILABLE TN THE PUBLIC WORKS - SOLTD WASTE
DIVISION FY2005 BUDGET ACCOUNT NO. 403-1274-
533.54.00 EACH SUBSEQUENT YEAR WILL BE
BUDGETED FOR TN THAT YEAR'S BUDGET.
(2)
P. R. No. 12992 A Resolution As It Pertains To An
Znvestigation As To The Tncidents At The 400 Block Of
Procter Street On Or About December 4~ 2004 And The
Resulting Processing Thereof.
Mayor Pro Tem Beard introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Thompson that Proposed Resolution 12992 be adopted.
The City Manager discussed the proposed agreement with Attorney Thomas L. Hanna to
conduct an investigation. He noted Hr. Hanna's professional career, and stated that he is
a well-qualified and capable of conducting a fair and objective study.
Councilmember Sinegal requested the President of the Port Arthur Police Association,
Officer Steve Flores, appear before the City Council to respond to the following
statements:
Councilmember Sineqal
As president of CLEAT, and T know you are, T want to make sure that you
and your, as a representative of CLEAT and the officers, or ! guess you call
the file, ! don't know just rank and file, T'm not that smart, are comfortable
with Mr. Hanna. ][ mean, you know, ! want to ask that on the record, so
when we make this vote and confirm Mr. Hanna, y'all are comfortable with
Mr. Hanna.
Police Officer Flores
First of all, ! don't know anything about Mr. Hanna. The only thing ! really
know about him that he was a x-district attorney. ! haven't been able to
see his resume or anything like that. You know my main concern that this
be a fair investigation. That is all we are asking for. That is all we asked
City Council Minutes .lanuary 18, 2005
3
for, when we met with the Assistant City Manager and the City IVlanager,
that is what we asked for.
But what ! would like is this...that we have some part of how this
investigation goes. People may not agree, but ! still think that we should
have some kinda of say so, how this investigation is handled. ][ know
Hr....I know where this is coming back from where, he needs to have an
independent view on it. But I still think that, you know, as part of the
other side, that you know we did not hire Hr. Hanna, so he is not falling
under our contract. But ! think we need to have a say so in there
somewhere.
Councilmember Sineqal
Well, that is what I wanted, you know to go on record as saying that I
think so also. And ! want to make sure. And, at any time, IVlr. Hanager,
that you or someone from the city meets with Hr. Hanna. Matter of fact ][
think it is imperative that you have an initial meeting. I'm not trying to
direct the investigation. But I hope the Council agrees with me that we,
that the initial meeting should be between someone from CLEAT, whoever
they choose, lvlr. Robinson and yourself and the Chief and whoever he
designates to go along. And maybe we could squash this thing or come to
some type of solution before the investigation is even started. ! doubt it,
but ! hope and pray that we can.
But my concern is that everyone's comfortable with and you know ! can
only put it plain as I understand it, is that when ! negotiate with my boss,
(chuckle) :~ want to make sure the negotiations are unbiased. I'm not
saying Mr. Hanna is not, but maybe y'all need to look at his resume and
make sure that y'all are comfortable. This is a pill we are gonna have to
swallow and this is a pill we are gonna have to correct, a sickness we are
gonna have to correct after we swallow the pill. So I want to make sure
that there is not even a seed that is tainted from the beginning. Okay.
Police Officer Flores
Yes sir. That's the way ! feel, is we don't know his qualiflcations...that's the
only thing I know about.
The City Hanager instructed staff to distribute the proposal to members of the audience.
He noted that Mr. Hanna would have the ability to conduct the investigation at his
discretion and would report directly to the City Council.
Police Officer Flores stated concerns with Mr. Hanna conducting the investigation at his
own discretion. He introduced CLEAT (Crime and Law Enforcement Association of Texas)
Representative Larry Watts.
Councilmember Henderson spoke in favor of Mr. Hanna and noted his qualifications and
impeccable reputation in the community.
Councilmember Flood made the following statement for the record:
Yes, ! would also like to say for the record that ]~ think the association
may, should be involved in some of this discussion, or even the
information that Mr. Hanna's gonna receive. So that they would feel that
they have a fair, impartial decision that's gonna be made through this
investigation. So if its anyway possible that from the point of approving
this tonight, it starts some sort of dialogue between maybe whoever,
Steve if its gonna be you and the association, fine. But somebody needs
to be introduced to Mr. Hanna, so that information can be provided to
him.
City Council rVlinutes .lanuary ~.8, 2005
4
The City Manager noted that if the resolution is passed, he would relay to Mr. Hanna that
it is City Council's strong request that he meet with Officer Flores and Mr. Watts.
Councilmember Flood completed his statement for the record:
Steve, let me finish my statement. Let me finish what I'm saying here. l~s
that, in this investigation, ! think if Mr. Hanna is gonna turn over every
rock, whatever is under that rock needs to be provided. If it's bad news,
it needs to be provided. ~f it's good news, it needs to be provided. So
that both sides feel that this information that was handed to Council or
whoever, has to make sure this decision was accurate and prudent
information. So, and ! think that's what the Association is gonna be...is
wanting and that's definitely what Council is wanting. Of course, this
Councilman, ! can only speak for myself, ! just want the truth to come
out. And where it falls, whoever laps it fall in, well, so be it.
The City Manager noted Mr. Hanna's proposal would authorize him to look at all the
information independently and report to the City Council. He briefly read portions of Mr.
Hanna's resume.
Mayor Pro Tem Beard stated to all concerned parties that the City Council has not set an
estimated time for this investigation, not a deadline and not even a dollar amount that
City Council is going to expend. He emphasized that the City Council is demanding a
thorough investigation, any information must come forward and anyone with relevant
information must also come forward. The Mayor Pro Tern commented that he aoes not
want a process where it seems ike the City Council is steering ana guiding the
investigation; although the investigation ~s being conducted at the Dequest of City
Council, and requested by the general public and the Police Association, CLEAT.
Mayor Pro Tem Beard noted that the City Council has taken it upon themselves to initiate
an investigation and requested the opportunity to pursue the facts in a balanced, fair and
objective manner, and make the decisions that are necessary based on the evidence. The
Mayor Pro Tem gave his assurance that there is no intent to hide, be subversive or
adulterate the process in any fashion. He empnasized that citizens of Port Arthur must
have faith and confidence in the police department, in its' operations, in its' leadership
and also in the leadership that is bestowed by City Council. Mayor Pro Tern Beard noted
that the City Council is willing to take the leadership role and responsibility of this
investigation, and requested the opportunity to conduct the investigation.
For clarification, the City Manager read portions of the proposal:
"The decision concerning whether court or administrative action should be
taken shall remain the sole decision of the City Council anG this
investigation is not a criminal investigation."
"Any evidence of alleged criminal conduct will be turned over to the
appropriate agency for investigation and prosecution if warranted."
Proposed Resolution No. 12992 was adopted becoming Resolution No. 05-019.
Voting Yes: Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood,
Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-019 reads as follows:
RESOLUTZON NO. 05-019
A RESOLUTI'ON AS t'T PERTAI'NS TO AN
I'NVEST'rGATt'ON AS TO THE I'NCTDENTS AT THE 400
BLOCK OF PROCTER STREET ON OR ABOUT
City Council Minutes January 18, 2005
DECEMBER 4, 2004 AND THE RESULTTNG
PROCESSTNG TH EREOF.
TV. PUBLt'C HEARI'NGS - 7:00 PM
To Review Plans For The Proposed Dis-Annexation And Release Of
Extraterritorial 3urisdiction Of The Properties Being The Municipal
Corporation Boundary For Taylor's Landing.
Mayor Pro Tem Beard introduced the above-mentioned public hearing at 7:10 p.m.
Planning/Grants Director Dale Watson appeared before the City Council to give an
overview of the proposed dis-annexation.
Mayor Pro Tem Beard requested to hear from anyone present in the audience who
wished to speak regarding the above-mentioned dis-annexation at 7:12 p.m.
Dr. Ronald Amuny, 100 Bayou Drive, appeared before the City Council to speak in favor
of the dis-annexation and release of jurisdiction of Taylor's Landing.
Upon the motion of Councilmember Flood, seconded by Councilmember Sinegal and
carried unanimously, the City Council closed the Public Hearing at 7:17 p.m.
The City Council recessed their meeting at 7:17 p.m. and reconvened their meeting at
7:38 p.m. with the following members present: Mayor Pro Tern Beard; Councilmembers
Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal; City Manager
Fitzgibbons; Assistant City Secretary Hanks and City Attorney Sokolow.
VI. CONSENT AGENDA
Upon the motion of Councilmember Sinegal, seconded by Councilmember Henderson and
carried unanimously, the following Consent Agenda items were adopted with the
exception of Items C, D, F, G and Proposed Resolutions No. 12969:
Consideration And Approval For The Purchase Of Twenty
Nine Motorola Portable Radios W/Accessories From Kay
Electronics Of Beaumont, TX In The Amount Of $105,382.14
For The Police Department.
Consideration And Approval To Rollover The Existing
Contract With American Waste Services, Inc. For Furnishing
Chemical Toilets (To Be Placed On Various City Parks And At
Special Events Throughout The Year) Tn An Amount Not To
Exceed $13,000.
Consideration And Approval For The Purchase And
Tnstallation Of A Night Scan Lighting System From Assassin
Fire Service Of Port Neches, TX Tn The Amount Of
$12,891.03 For The Fire Department.
Resolutions - Consent
(1)
P. R. No. 12968 - A Resolution Authorizing The City Manager
To Rollover The Contract For The Provision Of 3anitorial
Services To McLemore Building Services, Inc., 110 Fargo,
Houston TX 77006 For The Parks And Recreation
Department Recreation Center Exercising The One (1) Year
Renewal Option. Funding: Account No. 001-1402-S51.32-00.
Proposed Resolution No. 12968 was adopted becoming Resolution No. 05-020.
City Council Minutes .lanuary 18, 2005
6
(4)
P. R. No. 12988 - A Resolution Authorizing The Payment Of
The Annual STAN Contract (Southeast Texas Alerting
Network), A Public Awareness System Designed To
Communicate Zmportant [nformation To The People Of
Southeast Texas, In The Amount Of $5,827.22 And Charged
To Account Number 001-1101-521.61.03.
NOTE: THE NUMBERING OF CONSENT ITEM'S 4 AND 5 WERE OMMITFED
FROM THE AGENDA
Proposed Resolution No. 12988 was adoptec~ becoming Resolution No. 05-021.
(6) P. R. No. 12989 - A Resolution Approving Sewer
Adjustments To Certain Utility Accounts.
Proposed Resolution No. 12989 was adopted becoming Resolution No. 05-022.
(7)
P. R. No. 12990 - A Resolution Authorizing The Mayor And
City Manager To Execute A Contract For Professional
Services Between The City Of Port Arthur And Chica &
Associates, Inc. Of Beaumont, Texas To Provide A Warrant
Study For A Traffic Signal At 9m Avenue And Lake Arthur
Drive; Said Contract Costing $4,000, Funds Being Available
Tn Public Works Engineering Account Number 001-1202-
531.54-00.
Proposed Resolution No. 12990 was adopted becoming Resolution No. 05-023.
(8)
P. R. No. 12991 - A Resolution Authorizing The City Manager
To Execute A Contract With Alpha-Lee Enterprises, Inc.,
Regarding The 3uly 4, 2005 Fireworks Display. Total Cost Of
The Contract Is $14,800; (Account No. 001-1003-512.59-00
M99901) (Requested By City Manager)
Proposed Resolution No. 12991 was adopted becoming Resolution No. 05-024,
(9)
P. R. No. 12993 - A Resolution Authorizing The Second Year
Of The Existing 3anitorial Services Contract For The Utility
Operations Department Services Center Approved On
December 9, 2003 With Southeast Texas Building Services
Of Nederland, Texas For A Sum Not To Exceed $5,880.00;
Account No. 410-1254-532.59-00.
Proposed Resolution No. 12993 was adopted becoming Resolution No. 05-025.
(~0) P. R. No. 12999 - A Resolution Authorizing The Mayor And
City Manager To Execute A Contract Between The City Of
Port Arthur And Mike Barnett Construction For The
Replacement Of The Main WWTP Administration Building
Roof In The Amount Of $10,788.00; Account No. 410-1256-
532.92-00.
Proposed Resolution No. 12999 was adopted becoming Resolution No. 05-026.
VII. TI'EMS RE(~UIRING INDIVIDUAL ACTION
Consent
Consideration And Approval Of Awarding A Bid For The
Monthly Calibration Of Air Monitors To Safety Associates Of
Nederland, TX In The Estimated Amount Of $11,700 For The
Fire Department.
City Council Minutes .]anuary 18, 2005
7
Mayor Pro Tern Beard introduced the above-mentioned Item.
The motion was made by Councilmember Hannah and seconded by Councilmember
Sinegal that Item C be approved.
Fire Chief Richards appeared before the City Council to discuss the calibration of the
portable air monitors used by the Fire Department to detect H2S and SO2 gases.
Item C was approved by a unanimous vote.
D, Consideration And Approval For The Purchase Of One 2005
Ford Expedition From Baby Jack Ford Of Columbus, TX in
The Amount Of $29,052 For The Fire Department,
Mayor Pro Tern Beard introduced the above-mentioned Ttem.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Item D be approved.
Purchasing Director Joseph Broussard appeared before the City Council to address
inquiries regarding the bid specifications and cost comparisons.
Item D was approved by a unanimous vote.
F. Consideration And Approval For The Purchase Of Twenty
Model X26E Tasers From Taser Tnternational Tn Scottsdale,
Arizona Tn The Amount Of $27,554.20 For The Police
Department.
Mayor Pro Tem Beard introduced the above-mentioned Item.
The motion was made by Councilmember Sinegal and seconded by Councilmember
Henderson that Ttem F be approved.
Assistant Police Chief, Colonel Blanton appeared before the City Council to respond to
inquiries related to taser storage and security, the issuance of tasers, and taser training.
Police Chief Tyler appeared before the City Council to discuss costs, internal police
policies, safety issues and legalities.
Police Officer Van Horn appeared before the City Council to demonstrate a taser and
discussed police taser training.
Item F was approved by a unanimous vote.
Consideration And Approval Of Awarding A Bid For The
Purchase Of Eight (8) Vehicles To Philpott Ford For Port
Neches, TX Tn The Amount Of $188,702.00 For The Police
Department.
Mayor Pro Tem Beard introduced the above-mentioned Ttem.
The motion was made by Councilmember Sinegal and seconded by Councilmember Flood
that Item G be approved.
Assistant Police Chief, Colonel Blanton appeared before the City Council to discuss the
purchase of the above-mentioned vehicles and funding sources.
item G was approved by a unanimous vote.
Consent- Resolutions
City Council Minutes January 18, 2005
(2)
P. R. No. 12969 - A Resolution Awarding A Contract For
Construction And Rehabilitation Of Roof "B2" At The
Recreation Center, 1308 9th Avenue, To Monument
Constructors, P. O. Box 627, Beaumont, TX 77704 For An
Amount Not To Exceed $34,715. Funding: Account Nos. 001-
1402-551.32-00, C29101, C28101.
Mayor Pro Tem Beard introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution 12969 be adopted.
Purchasing Director Joseph Broussard appeared before the City Council to introduce
Monument Constructors Representative Charles Smith and Duro-Last Roofing
Representative Buddy Wilson.
Monument Constructors Representative Charles Smith appeared before the City Council
to discuss roofing installations.
Duro-Last Roofing Representative Buddy Wilson appeared before the City Council to
demonstrate the roofing materials, and to discuss the manufacturer's warranty and
energy cost savings.
Mayor Pro Tem Beard suggested that Mr. Wilson consult with the Economic Development
Corporation to pursue the possibility of locating a Dura-Last manufacturing facility in Port
Arthur.
Proposed Resolution No. 12969 was adopted becoming Resolution No. 05-027.
Voting Yes: Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Flood,
Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-027 reads as follows:
RESOLUTION NO. 05-027
A RESOLUTTON AWARDI'NG A CONTRACT FOR
CONSTRUCTTON AND REHABTLZTAT1'ON OF ROOF "B2"
AT THE RECREATION CENTER, 1308 9TH AVENUE, TO
MONUMENT CONSTRUCTORS, P. O. BOX 627,
BEAUMONT, TX 77704 FOR AN AMOUNT NOT TO
EXCEED $34,715. FUNDING: ACCOUNT NOS. 001-
1402'551.32-00, C29101, C28101.
VII. 1'rEMS RE(~UZRING ]NDTVLDUAL ACTION - NON-CONSENT
A. Resolutions
(1)
P. R. No. 12994 - A Resolution Authorizing The Mayor And
City Manager To Execute A Contract For Professional
Services Between The City Of Port Arthur And Bob Shaw
Consulting Engineers Of Port Arthur, Texas For The Design
Of Drainage Improvements For West 19th Street And
Terminal Road; Said Contract Not To Exceed An Amount Of
$36,000, Funds Being Available In The Fiscal Year 2005
Budget, Account No. 00:1.-1202-531.59-00.
Mayor Pro Tem Beard introduced the above-mentioned Proposed Resolution.
City Council Minutes .lanuary 18, 2005
The motion was made by Councilmember Sinegal and seconded by Councilmember
Thompson that Proposed Resolution 12994 be adopted.
Mr. Bob Shaw, appeared before the City Council to present an overview of the drainage
improvement plans. Mr. Shaw stated that the engineering firm is proposing to prepare
the bid specifications for the project, and estimated the plans and specifications should
be completed for bidding in 120 oays.
Proposed Resolution No. 12994 was adopted becoming Resolution No. 05-028,
Voting Yes: Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood,
Thomoson, Prince and Sinegal.
Voting No: None,
The caption of Resolution No. 05-028 reads as follows:
RESOLUTZON NO. 05-028
A RESOLUTZON AUTHORIZZNG THE MAYOR AND CZTY
MANAGER TO EXECUTE A CONTRACT FOR
PROFESSt'ONAL SERVZCES BETWEEN THE CITY OF
PORT ARTHUR AND BOB SHAW CONSULTTNG
ENGTNEERS OF PORT ARTHUR, TEXAS FOR THE
DESTGN OF DRAtNAGE lZMPROVEMENTS FOR WEST
19TH STREET AND TERMTNAL ROAD; SATD CONTRACT
NOT TO EXCEED AN AMOUNT OF $36,000, FUNDS
BEING AVATLABLE TN THE FTSCAL YEAR 2005 BUDGET,
ACCOUNT NO. 001-1202-531.59-00.
C. *Reports And Recommendations
(1) Report On Street Repairs For The Griffing Park And Pioneer
Park Area Sewer Project.
Hr. Bob Shaw appeared before the City Council to discuss street repair estimates and
reoairs. Mr. Shaw estimated that the street repairs should Deg~n n April after the Texas
Water Development Board approves the change order.
A. Resolutions
(2)
P. R. No. 12995 - A Resolution Approving Additional Funding
For The Tndependent Audit Being Performed By Gayle W.
Botley & Associates As Approved By City Council Resolution
04-199.
Mayor Pro Tom Beard introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson ano seconaeo by Councilmember
Barker that Proposed Resolution 12995 be adopted.
The City Manager announced that Hr. Botley is scheduled to present the audit to the City
Council at the next regular meeting, February 1, 2005.
Proposed Resolution No. 12995 was adopted becoming Resolution No. 05-029.
Voting Yes: Mayor Pro Tom Beard; Councilmembers Hannah, Barker, Henderson, Flood,
Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-029 reads as follows:
City Council Iqinutes January 18, 2005
]0
RESOLUTION NO. 05-029
A RESOLUTION APPROVZNG ADDIT/ONAL FUNDING
FOR THE ZNDEPENDENT AUDIT BEZNG PERFORMED
BY GAYLE W. BOTLEY & ASSOCIATES AS APPROVED
BY CITY COUNCIL RESOLUTION 04-199.
(3)
P. R. No. 12996 - A Resolution Authorizing The City Manager
To Sign An Agreement With Smith, 3ackson, Boyer & Bovar
To Do A Forensic Audit, Account No. 105-1431-552.54-00;
Project No. C30144
Mayor Pro Tem Beard introduced the above-mentioned Proposed Resolution.
The motion was made by ¢ouncilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution 12996 be adopted.
The City Attorney explained that HUD is requiring cities of Beaumont and Port Arthur to
conduct a forensic audit. Mr. Sokolow discussed the cost sharing between the cities and
distributed the proposed agreement to the City Council.
Proposed Resolution No. 12996 was adopted becoming Resolution No. 05-030.
Voting Yes: Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Flood,
Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-030 reads as follows:
RESOLUTTON NO. 05-030
A RESOLUTTON AUTHOR.TZt'NG THE CI'TY MANAGER TO
SrGN AN AGREEMENT WITH SMt'TH, JACKSON, BOYER
& BOVAR TO DO A FORENSt'C AUDi'T, ACCOUNT NO.
105-1431-552.54-00; PRO.~ECT NO. C30144
(4)
P. R. No. 12997 - A Resolution Rescinding Resolution No. 04-
428 As Tt Pertains To An Economic Incentive Agreement
Between The City Of Port Arthur Section 4A Economic
Development Corporation And 3D Architectural Metal Sales,
Inc.
Mayor Pro Tem Beard introduced the above-mentioned Proposed Resolution,
The motion was made by Councilmember Sinegal and seconded by Councilmember
Henderson that Proposed P, esolution 12997 be adooted.
The City Attorney announcecJ that 3D Architectural Metal Sales has withdrawn their
request for economic incentives.
Proposed Resolution No. 12997 was adopted becoming Resolution No. 05-031.
Voting Yes: Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood,
Thompson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-031 reads as follows:
City Council Minutes .lanuary 18, 2005
RESOLUTION NO. 05-031
A RESOLUTION RESCINDING RESOLUTION NO. 04-
428 AS IT PERTAINS TO AN ECONOMIC INCENTIVE
AGREEMENT BETWEEN THE CITY OF PORT ARTHUR
SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION AND 3D ARCHITECTURAL METAL
SALES, [NC.
(5) P.R. NO. 13000 - A Resolution Authorizing The City Manager
To Negotiate A Contract With Dikita Engineering Services For
The Widening Of West 7th Street And Related Development.
(Requested By City Manager)
Mayor Pro Tem Beard introduced the above-mentioned Proposed Resolution.
Councilmember Flood recused himself from the above-mentioned item and filed a conflict
of interest affidavit with the Assistant City Secretary.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution 13000 be adopted.
The City Hanager discussed available funding for the widening of West Seventh Street
and potential commercial/retail/residential plans.
Proposed Resolution No. 13000 was adopted becoming Resolution No. 05-032.
Voting Yes: Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson,
Thompson, Prince and Sinegal.
Voting No: None.
Abstained: Councilmember Flood.
The caption of Resolution No. 05-032 reads as follows:
RESOLUTION NO. 05-032
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO NEGOTIATE A CONTRACT WITH DIKITA
ENGINEERING SERVICES FOR THE WIDENING OF
WEST 7'FH STREET AND RELATED DEVELOPMENT.
(REQUESTED BY CITY MANAGER)
(6) P.R. No. 13001 - A Resolution Approving An Invoice Or
Invoices Of The City Of Port Arthur Section 4A Economic
Development Corporation.
[Vlayor Pro Tern Beard introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and
carried over the dissenting votes of Councilmembers Flood, Prince and Sinegal, Proposed
Resolution No. 13001 was adopted becoming Resolution No. 05-033.
Voting Yes: Hayor Pro Tern Beard; ¢ouncilmembers Hannah, Barker, Henderson and
Thompson.
Voting No: Councilmembers Flood, Prince and Sinegal.
The caption of Resolution No. 05-033 reads as follows:
City Council Minutes January 18, 2005
RESOLUTION NO. 05-033
A RESOLUTION APPROV:[NG AN TNVOICE OR
INVOICES OF THE CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION.
(7)
P. R. No. 13003 - A Resolution As Tt Pertains To An Advisory
Economic Incentive Committee.
Mayor Pro Tem Beard introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution 13003 be adopted.
Mayor Pro Tern Beard read Mayor Ortiz's appointments as follows:
Appointments Alternates
Cou. nc!!member Hanr~h ................. ~g.ur~ilmember Pr!P~ ...................
Councilmember Thompson ~aypF Q~J~ .................................
~yor?ro..Tem Be~.rd ...........................................................................
Councilmember Henderson questioned if an item to appoint an advisory committee to
perform a study of the downtown was placed on the agenda.
Mayor Pro Tem Beard recognized Councilmember Henderson and requested that the item
be addressed at the next meeting.
Mr. Donald Edwards, 1249 West Sixth Street, addressed the City Council to state
opposition to the proposed advisory committee.
The Mayor Pro Tern announced that the above-mentioned resolution was requested by
the EDC at the last joint meeting and the committee would be assisting the EDC in
prioritizing their projects. He stated that there are not multiple development plans, only
one development plan for Port Arthur, and that the City Councilmembers are ultimately
responsible.
EDC Executive Director Tke Mills appeared before the City Council to state that the
committee would be making recommendations to the EDC.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
13003:
Councilmember Barker
Councilmember Flood
Councilmember Hannah
Coun¢ilmember Henderson
Councilmember Prince
Councilmember Sinegal
Councilmember Thompson
Mayor Pro Tem Beard
~Yes-
"Yes"
"Yes"
~Yes"
"Yes"
"Yes"
"Yes"
"Yes"
Proposed Resolution No. 13003 was adopted becoming Resolution No. 05-034.
The caption of Resolution No. 05-034- reads as follows:
RESOLUTION NO. 05-034
A RESOLUTION AS I'T PERTAI'NS TO AN ADVISORY
ECONOMIC I'NCENTIVE COMMITTEE.
City Council Minutes .~anuary 18, 2005
B. Ordinances
(,,)
P. O. No. 5478 - An Ordinance Denying Entergy Gulf States,
Inc.'s Request To Change Rates In This Municipality;
Authorizing Entergy Gulf States, Inc.'s Request To Withdraw
The Statement Of Tntent Requesting A Change Of Rates In
The Municipality; And Providing A Requirement For
Reimbursement Of Costs Incurred By The City.
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. 5478 be adopted.
The City Attorney explained that this ordinance denies the rate increase, and it reflects
that Entergy has withdrawn their request for a rate increase and charges the expenses of
the review to Entergy.
Proposed Ordinance No. 5478 was adopted becoming Ordinance No. 05-05.
Voting Yes: Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood,
Thompson, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 05-05 reads as follows:
ORDINANCE NO. 05-05
AN ORDINANCE DENYTNG ENTERGY GULF STATES,
INC.'S REQUEST TO CHANGE RATES IN THIS
WIUNICIPALITY; AUTHORIZING ENTERGY GULF
STATES, INC.'S REQUEST TO WITHDRAW THE
STATEMENT OF INTENT REQUESTING A CHANGE OF
RATES IN THE MUNICIPALITY; AND PROVIDING A
REQUIREMENT FOR REIMBURSEMENT OF COSTS
INCURRED BY THE CITY.
(2)
P. O. No. 5486 - An Ordinance Amending The Zoning
Ordinance Of The City Of Port Arthur By Changing The
Zoning On The S210 Feet Of The E150 Feet Of Lot 11, Peek,
And The E150 Feet Of Lot 23, Peek, Port Arthur, 3efferson
County, Texas From Two Family Residential To Industrial
(Violation Of This Ordinance Or The Zoning Ordinance Of The
City Of Port Arthur Is Punishable As Provided In Section 1-
Z3 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. (Z04-10 Figueroa - Wilson Avenue)
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Henderson and seconded by Councilmember
Prince that Proposed Ordinance No. 5486 be adopted.
Councilmember Henderson spoke in opposition of the Proposed Ordinance.
Planning/Grants Director Dale Watson appeared before the City Council to report that the
zoning ordinance would require installing an eight-foot privacy fence and that the
applicant will be using the property as a storage lot for his wrecker business.
City Council Minutes .]anuary 18, 2005
14
Councilmember Flood made the following statement for the record:
I just want to make a statement for the record to Mr. Figueroa, to let him
know that I am definitely not against your business. But to put a salvage
yard or a junkyard in a neighborhood that is striving to try to get
development, and it's of course in my district, I just can't support it at this
time. It is nothing personal. I think there is already a yara in that vicinity.
I don't know if the gentlemen would ike to sell you the yara that's already
there. You may want to talk with him ana see if that's possible. But at
this point and time, the constituents that's in that area are very much
against this.
Dale, how many letters went out? How many came back? (Planning and
Grants D/rector YKatson responded lg and 4.) It's only three houses on
that street. (Planning and Grants D/rector responded that the letters go to
the property owners and not necessarily the residents.) It goes To the
property owners, okay. And most of the property owners probably don't
live in that vicinity right at that point. Of course they can if there is 19,
because there is on y three houses on that street. So 19 people are not in
that area there.
So I am saying that because I have talked with some of the people and
they really will not support this at the time. So again it is not anything
against you, okay, I want ~ou to know that, all right. Thank you.
Mayor Pro Tem Beard read Section 24.105 of the Code of Ordinance Appendix A- Zoning
into the record:
Section 24<105.
circumstances.
Three-fourths council vote required under some
Unless a proposed amendment, supplement or change has been approved
by the planning and zoning commission, or if a protest against such
proposed amendment, supplement or change has been filed with the city
secretary, duly signed and acknowledged by the owners of 20 percent or
more, either of the area of the lots or land included in such proposed
changes, or of the lots or land immediately adjoining the same and
extending 200 feet therefrom, such amendment shall not become
effective except by the favorable vote of three-fourths of all the members
of the city council.
The Mayor Pro Tem further explained that since the Planning and Zoning Commission did
not approve the item, it would require seven favorable votes to carry.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
5486:
Councilmember Barker
Councilmember Flood
Councilmember Hannah
Councilmember Henderson
Councilmember Prince
Councilmember Sinegal
Councilmember Thompson
Mayor Pro Tem Beard
~NO'
"No"
"NO"
"No"
"Yes"
"No"
~No-
"No"
The motion to adopt Proposed Ordinance No. 5486 failed.
(3)
P. O. No. 5487 An Ordinance Amending The Zoning
Ordinance Of The City Of Port Arthur By Changing The
Zoning On Lot 13, Block 4, C.H. Cox Addition, Port Arthur,
3efferson County, Texas From Single Family Residential To
City Council Minutes .lanuary 18, 2005
15
Light Commercial (Violation Of This Ordinance Or The Zoning
Ordinance Of The City Of Port Arthur Is Punishable As
Provided In Section 1-13 Of The Code Of Ordinances As
Amended By Fine Not Exceeding Two Thousand [$2,000.00]
Dollars); And Providing For Publication In The Official
Newspaper Of The City Of Port Arthur And Effective
Immediately After Publication Date. (Z04-11 Daniels - 6124
Ray Avenue)
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. 5487 be adopted.
The Hayor Pro Tem noted that the Planning and Zoning Commission did not approve the
above-mentioned item and according to Section 24.105 of the Code of Ordinance
Appendix A-Zoning the item would require seven favorable votes to carry.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
5487:
Councilmember
Councilmember
Councilmember
Councilmember
Barker
Flood
Hannah
Henderson
Councilmember Prince
Councilmember Sinegal
Councilmember Thompson
Mayor Pro Tem Beard
"NO"
"NO"
"NO"
"No"
"NO"
"NO"
"NO"
"NO"
The motion to adopt Proposed Ordinance No. 5487 failed.
(4)
P. O. No. 5489 - An Appropriation Ordinance Amending The
Budget For The Fiscal Year Beginning October 1, 2004 And
Ending September 30, 2005.
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal,,
and carried, Proposed Ordinance No. 5489 was adopted becoming Ordinance No. 05-06.
Voting Yes: Hayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood,
Thompson, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 05-06 reads as follows:
ORDTNANCE NO. 05-06
AN APPROPRTATION ORDINANCE AMENDING THE
BUDGET FOR THE FTSCAL YEAR BEGINNING OCTOBER
1, 2004 AND ENDING SEPTEMBER 30, 2005.
C, *Reports And Recommendations
(2) Report On Downtown Development - Main Street
The City Manager reported that funding was not adequately available at this time and
suggested partnering with other community based entities.
City Council Minutes 3anuary 18, 2005
16
(3) Report On CDBG Allocation Guidelines
Planning/Grants Director Dale Watson reported that funding of CDBG funds is decreasing.
He discussed modifications to the allocation guidelines using a priority system.
Hayor Pro Tem Beard suggested that the above-mentioned item be discussed further at a
later time.
([4) Report On EDC Business Park Maintenance (Requested By
Councilmember Henderson}
Amelia Lawn Care & Landscaping General Manager H. Wayne Riley appeared before the
City Council to present the above-mentioned report.
The Hayor Pro Tern suggested that Hr. Riley also present the landscaping proposal to
the EDC Board.
(5) Port Arthur Economic Development Corporation 2003-2004
Annual Report
EDC Executive Director lke Hills presented EDC's annual report to the City Council.
VIII. REPORTS OF BOARDS & COMMII-rEES
None
TX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Heetino:
(1) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To The
incidents On December 4, 2004 At 3100 Procter Street And
The Processing Thereof By The Police Department.
(2) Section 551.074 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.
(3) Section SS1.087 Government Code - To Discuss incentives
For Commercial, Residential And industrial Business
Prospects.
(4) Section SS1.07! Government Code - To Discuss With The
City Attorney Potential Litigation As it Pertains To M.O.D.E.L.
The City Council recessed their meeting at 10:27 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 11:28 p.m. with
the following members present: Hayor Pro Tern Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Thompson, Prince and Sinegal; City Hanager Fitzgibbons; Assistant
City Secretary Hanks and City Attorney Sokolow.
X, FUTURE AGENDA :~TEMS OR REQUESTED REPORTS
Councilmember Barker:
A resolution to hire two additional Police Officers for the ICOP program.
Councilmember Sinegal:
A report explaining the removal of agenda items and notification protocol.
City Council Ninutes January :~8, 2005
]?
Mayor Pro Tem Beard:
(1) A report regarding identity theE.
(2) A report updating the repairs of Hs. Alice Miller's home.
(3) A report researching the recertification of the Hain Street Program including
community based oartnerships.
Xz. AD3OURNMENT OF MEET:ING
Upon the motion of Councilmember Sinegal, seconded by Councilmember Henderson,
and carried unanimously, the City Council adjourned their meeting au 11:34 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 PRO TEM 3OHN BEARD, .1R.
ATFEST:
ASSI'STANT CI'TY SECRETARY TERRI' HANKS
END OF REGULAR MEET:lNG HELD .lanuary 18, 2005. APPROVED:
Council Minutes 3anuary 18, 2005