HomeMy WebLinkAboutJune 7, 2005 REGULAR MEETTNG - 3une 7, 2005
I. ROLL CALL, INVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, June 7, 2005 at
5:35 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor
Oscar G. Ortiz; Mayor Pro Tem Ronnie Thompson; Councilmembers Felix A. Barker, Thomas ].
Henderson, Martin Flood, .lohn Beard, Ir. and Michael "Shane" Sinegal; City Manager Steve
Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Hark T. Sokolow.
Councilmember Willie "Bae" Lewis arrived at the meeting at 5:37 p.m.
Councilmember Henderson gave the invocation and followed with the pledge to the flag.
TT. PROCLAMATLONS & MZNUTES
Minutes- May 10, 2005 Regular Meeting
Upon the motion of Councilmember Sinegal, seconded by Councilmember Henderson and carried
unanimously, the City Council approved the above-mentioned minutes.
May 17, 2005 Special Meeting
Upon the motion of Councilmember Sinegal, seconded by Mayor Pro Tem Thompson and carried
unanimously, the City Council approved the above-mentioned minutes.
III. PETITIONS & COMMUNICATIONS
A.Presentations
None
B.Speakers
Loye Kemp Regarding Employee Benefits
Mr. Loye Kemp, 307 N. 2nd, Nederland, Texas, President of the Public Employees Association of
Texas appeared before the Council and spoke on "Let's Make the Non-Civil Service Worker a
Priority."
Councilmember Beard requested that the following transcription be made a part of the record and
that an analysis be conducted of how we compensate our non-civil service employees:
Loye Kemp: Thank you. I'm going to have Butch give you a hand out. My name is Loye Kemp,
T live at 307 North Second Street in Nederland. I represent the City Non-Civil Service Workers
under the Public Employees Association of Texas. Butch is handing you a hand out...! will pause
just for a second until he gets these handed out. T won't have time to go completely through
these...just going to scan over it and ask you to please take the time to read these and study
these. The first thing I want to ask you to do is turn to page two. Look under the Cost of Living
Report taken from the Town Hunter report for the City of Port Arthur. In each of your packets !
have highlighted the total expenses for a family of four...just speaking on an average of a family
of four...two children, a husband and wife. It shows where it takes $ 40,476 a year to make it in
the City of Port Arthur today...that~s the cost of living. Tf you break this down, that comes out to
$ 3,313 a month. Our slogan or our theme this year is we're asking you to "Make the Non-Civil
Service Worker a Priority."
One Councilmember, when running for office, told us that things were done on a priority basis.
We feel like that we need to ask you to make the non-civil service workers a priority. On
applying for employment at the City, most people are asked to have commercial driver's license.
Your people working at the water treatment plants have to have certain certification, your people
working in wastewater have to have certain certification, inspectors have to have certification,
environmental inspectors have to have certification...there is a lot of things that we have to have
and are asked to have just to be employed. Yet we have over seventy-five percent of our
employees who qualify for some type of welfare.
Ten years ago we had over six hundred employees, non-civil service workers; today we have ...I
figured four hundred and six (406), the City Manager told me we had four hundred and fourteen
(414), ! believe. So it is close to...it's close. Thirty-seven part time workers today...part time
worker gets paid no benefits. If you add all the part time workers to the survey, we have over
eighty percent of employees that would qualify for assistance. Three hundred and forty-nine
(349) of these employees qualify for the SK]:P Program, three hundred and thirty-nine qualify for
the WIC Program, two hundred thirty-seven (237) Free and Reduced Meals Program, thirty-eight
employees qualify for the Food Stamp Program with twenty-two more missing it by a dollar and
fifty-one cents. We know this is going to be a tough budget year. We know that the government
is cutting back on funds. That is why we're going to ask you to make the non-civil service
workers a priority.
Our people are having trouble making a living. As you know, the cost of living, with the gas
prices and a loaf of bread, is getting higher. T've said it several ways...we're not asking for an
individual thing, we want to ask you to make us a priority and ask you to find a way to help us. I
agree with the Councilman who said that things are done on a priority... T want you to turn the
third page...T want to read this page to you and I want to explain it to you...
We respect our Fire and Police Departments and in no way begrudge them of any benefit they
receive from the City. Attached you will see the salary ranges for both departments. If you
compare this to the salary ranges of the non-civil service worker you will find 323 of us make (at
top pay) less than a first year fireman or policeman. We feel the non-civil server is just as
important to the operations of the City as anyone. You will also notice at their Step 5 we have
340 workers at a lower pay rate and we are frozen at our Step 5 Range. If you check back, you
will find the non-civil service went several years without a pay raise at all. This is why we have
continuously asked for catch up raises. Our workers are facing a real challenge in making a living
and we know the only way we can get a substantial increase in salaries is for you to make it a
priority.
A policeman, alter he finishes his probationary period, starts off as a first year policeman, makes
seventeen dollars and seventy cents an hour ($17.70). Three hundred and twenty-three of our
people, at Step 5, don't make this. Some of them have been here fifteen or twenty years. The
same thing for the firefighters, they make a few cents more. Tf you look at the cost of living alter
a policeman or fireman has been here one year, none...none would qualify for the welfare
program because all of them make more than what the cost of living is today. Yve included in
the packet a print out of each employee, just numbers no names, and what they are making.
I've included all the documentation from all the welfare programs so you can look at them and
see exactly what they are saying, as to what you have to make. We don't have bargaining
rights...cause when you do have bargaining rights, as do the police and fire, you are able to
benefit. So we can only plead to you, the Council, to find a way to make the non-civil service
workers a priority. Thank you for your time.
Mayor Ortiz: Councilman Sinegal.
Coun¢ilmember $inegal: Yes, Mr. Kemp would you come back up please. T appreciate your
comments and I'll look over this packet. I think l' was the Councilman that...when T
campaigned...that said make the non-civil service employees a priority...is that right?
Loye Kemp: Yes, Sir.
Councilmember $inegal: I like what you said...T kind of got a little overtone on what you said
about my doing it throughout my campaign. For the last three years T have fought for the civil
service to get raises, and T will continue to do that. The catch up raise, Ym in favor of that also.
Last year, the first year T came on Council...T'm in defense mode right now...trying to defend that
T have been fighting...
Loye Kemp: Let me say...in no way did T intend to say that you...or any other Councilmember
has not fought for the non-civil service worker...
Councilmember Sinegal: Yes sir. I'm not saying that I took it in a defensive posture, 1' just
want, for the record, to say that the first year that I came on T don't even believe that we were
going to give you ail a raise that year...
Loye Kemp: That's correct.
Councilmember $inegal: T said...and Councilman Gillam at the time_and myself, we begged
the City Manager and Mr. Robinson, that we have to find some money for the civil service
workers...T mean the non-civil service workers. Last year we gave you another 3% and T promise
you, I know that it is not enough. T work for the school district and hoping and praying that they
give us a raise this year.
2
City Council Minutes 3une 7, 2005
We had a problem with the healthcare, the health insurance last year. And because the previous
year you worked with us and tried to make sure the healthcare...as a matter of fact you took on
some of the responsibility of the healthcare. That's why I think we need to make a priority again
this year and continue to make you a priority. I think you all did not have a raise in healthcare
last year...health insurance. That's good and I appreciate that with the price of healthcare going
up, but I appreciate your patience is what I'm trying to say and I want to say that since I've been
on the Council...when I decided to run for office...I don't think I made a campaign promise that I
haven't that I haven't tried to keep. I don't believe in making promises during the campaign
season and then trying to work through them. I believe in looking at things as a reasonable
person and try and work with people and try to make sure they can afford the same living as the
other people in the City and I do believe you all deserve a catch up raise and a lot of other little
things that would make the quality of life a lot better for you in Port Arthur.
I can remember...Sunday morning, about three weeks ago...I woke up I didn't have any water
and my wife was trying to get ready for church and all this stuff. I called at 7:00 and the guys
were there in ten minutes...course it was on my side, so I had to find a plumber, but they were
there. So, I want to say that I appreciate you non-civil service workers. It's not for a campaign
or anything...I worked construction, I was down in holes and I too do all that...well, you know
that...we worked construction together. That's the...you think that you can get paid more for
what you know then what you do, but actually the hardest work that keeps this City running is by
hand.
Loye Kemp: That's correct.
¢oun¢ilmember $inegal: ! appreciate you. Anything T can do this year, and T'm going on
record now, to not only to give them that little bump raise, but to make them a priority.
appreciate you reminding me of the word ! used. ! think that needs to be done also...prioritize
our civil service worker...non-civil service worker. Thank you sir.
Hayor Ortiz: Councilmember Beard.
¢oun¢ilmember Beard: Thank you Nayor. Hr. Kemp, how are you doing this evening?
Loye Kemp: Fine...and you sir?
Councilmember Beard: Fine, thank you. First, !'d like to thank you again for coming before us
and bringing us this information because this has been a concern of mine in my two years of
being here. What I'd like to also say is that ! would like the City Secretary to make IHr. Kemp's
comments that he has in this that he read to us part of the record...enter this as part of the
record.
Let me be brief by saying that one of the key reasons that we need equity in the City for ail our
employees, civil service and non-civil service is because of something ! learned a long time ago
from being a union person. That is that without representation you have no voice. ! am thankful
for the fact that you all have a union; however, it doesn't have the bargaining rights and some of
the recognized rights of the civil service union and the civil service people have. But then, just as
Councilman Sinegal said, you all are important to us because all you have to do is look at what
other cities have done in other parts of the Country where there have been garbage worker
strikes or sewer worker strikes or police strikes, the City basically grinds to a halt. All you have to
do to find out if that could happen here is, don't let your garbage get picked up for a couple of
rounds. Don't let the trash get picked up, don't let potholes get dosed, streets get worked on
and drainage get unstopped. Then you'll be able to see those people are important and have
value and they have worked. And as such, we need to do more than make it a priority. !t's easy
to say that, that's (inaudib[e), if you will.
But, we have to find a way to create some equity for you. We have to find a way. You know, we
found a way to go to the Legislature to ask for changes in some of the Economic Development
Laws, but what about us going to the Legislature with not just the police and fire unions, but
other unions in other cities across the State to change those laws, so that you all have
representation on an equal level. That may sound politically untenable or economically
untenable, but you have to have a voice or some representation. I am willing to be the first
person to right here and now that the next Executive Session, should ! be here or not, that T am
going to work with our local union people to see to it that you guys have some representation
that is recognized and that gives you some rights. Because without those rights you are at the
mercy of Councils and other boards of deliberation.
However good and well meaning they may be, doesn't put a dime in your pocket. We are going
3
City Council Minutes .lune 7, 2005
to have to find a way to do something to help you all...If I remember the last time we took
money out of the reserves, our reserve funds, to be able to give you all a raise. That is not
something that we need to do ali the time because that is like dipping into your savings. We
have to find a way to not only help you in terms of salary, but also in terms of your medical costs
and other ways we can help. We need to look at that across the board. What I am going to
suggest is that we do an analysis of our non-civil service employees, how we could provide better
medical coverage to them and better benefits. To give them flame or put them on parity level
with those civil service employees. Once again, I would like to thank you and your people that
are here this evening for coming forward and giving us this information, because it does give us
something to chew on and to really look at.
Loye Kemp: Thank you. May I make one comment? In no way do I intend to give anyone on
the Council the intention that we never have thought that you didn't work for us. I was talking to
the City Hanager the other day and ! told him that it's down to where it's meat, bread and
potatoes now. We have workers that are struggling to make it. We need your help. We have a
lot of workers struggling to make it. Tf we get a 3% increase and ! 1/2 percent goes to
insurance benefits, we're behind again. So, what we're asking you to do is to dig deeper and to
dig harder to help us find a way.
Mayor Ortiz: City Manager.
City Manager: ! too would like to thank Mr. Kemp. One of the comments he made, the number
of employees...! think of all the charts you've seen and what we've continually said is that we're
down from six hundred and some odd non-civil service employees, twenty years ago, to like four
fourteen. The workload hasn't gone down, it's gone up. The infrastructure, as you know, is not
in great shape. Some cities our size may have a thousand calls a year for water and sewer...we
have sixteen thousand calls.
T think Yve mentioned a couple of times to the Council that we can't cut anymore. That's not an
option now. We've cut...and cut...and cut. We can't cut anymore. I think Yve mentioned to the
Council a number of times, including last week at meetings that we've been at, that we have a
small pie. It's smaller than most ever,/other city our size. A big portion of it goes to public
safety. A big piece of the small pie, which leaves us so little for other things.
I think T was mentioning last week at a meeting, where we're really near the bottom is on quality-
of-life issues, where on the bottom of issues like recreation, children's programs...we need to
address that and we need to address that with revenue enhancement. We can't address it by
eating into our reserves because our reserves are already going down. That needs to be
changed. We certainly need to be looking at some things...;[ think we've got some things in the
wings that might...that might work.
But certainly as you know, and we've talked before, Hr. Kemp...the cities didn't buy capital
equipment one year to be able to give raises to employees and keep employees. Horale to the
Council and the staff was high and instead of not giving raises, because we've given raises every
year, we didn't buy capital equipment and we're the only City I know of to do that and have that
discussion. That does not mean that the Council and the City can't do more, we just have to find
a way to do more while maintaining fiscal responsibility. We've got some things in the works that
T think may help over the next number of months. Definitely, the workload is increasing and
we're doing it with fewer and fewer employees and, again like the Council, ! appreciate the work
that the non-civil service workers are doing.
Loye Kemp: Thank you, sir.
Mayor OrUz: Councilman Sinegal.
Councilmember $inegal: One more quick remark, Mr. Kemp. ! want to take this opportunity
to say that those eight propositions that we voted...that the citizens voted down...there was a lot
of speculation as to where that money was goin9 to be spent and who was going to be in charge
of that money. I asked the City Hanager the other day...and Councilman Henderson...that we
find a way to put those propositions and narrow them down to four or five and put them back on
the ballot. What we need to remember is that the money was not going to Mars or Iraq. Even
though it was EDC funds it was still going back into the City of Port Arthur, regardless of how it
was going back. Fixing potholes, if that's what people want to be narrow-minded and say. Fixing
potholes was not the only thing that money was going to do. Tt was going to loosen up funds in
all areas, take the tax dollars that the citizens of Port Arthur are paying, and give them an
opportunity, and give us flexibility to possibly give you guys a raise...a substantial raise balanced
to the amount the civil service gets.
4
City Council Minutes June 7, 2005
So I would ask that you also, from your union standpoint, look at what we're going to try to do in
the next year or so...I don't (know) the legality of when we can do this again, but that money is
not going to Iraq. That money is going to the taxpayers.
For us to dig into our reserves to give you all a raise is ridiculous, since we had freed up money
to do that. And on this Council, ! don't think you all need bargaining rights, we know what you
all need and it's imperative that we do make it a priority to give you all a substantial raise to try
to balance the cost of living that you are having to struggle to make. So, that's just a political
announcement that [ am making early because I would ask every citizen to not listen to people
that don't live in the City why these propositions shouldn't be passed, but that we are going to
reinvest that money into the City of Port Arthur, whether it be raises, the quality-of-life issues or
anything. So, we're going to find the money. T appreciate you working with us and one thing !
would ask is don't...from here on until lune...is to ring our bell...ring it early. Thank you.
Leye Kemp: One comment. The City Manager made just a few minutes ago. The quality-of-life,
we see it. Outside interest groups...individuals. T assure you that when we talk to our people, we
talk about what is the need from the inside. We're inside, we know...you're right in what you're
saying...and Ym sure...
Councilmember Sinegal: About eighty percent of the non-civil service workers live in this city.
That's the type of stuff we need to appreciate. They're not only working for the City but they are
paying taxes back to the City because they live in the city. T appreciate that; ]: want everybody to
know ! appreciate that.
City Manager: Sorry Mayor. T just wanted to mention what Councilman Sinegal did, that's it's a
little over eighty percent and of course that's where the quality-of-life issues really impact the
children and others as far as Little League and a number of other things, like fixing the fields and
providing more for track clubs and for basketball and all the other things that we're trying to do
for the young people in the community. So, it's, T think, a very important issue...again ][ think it's
about eighty one percent...Harvey can correct me if ~['m wrong...about eighty one percent of our
non-civil service employees live here in the city.
Mayor Ortiz: Councilman Lewis.
Councilmember Lewis: How are you doing Loye? Loye, as long as ! am on the Council you are
always going to have a voice...a reasonable voice. One of the things that we got to keep in mind
is that you don't want to live off of your savings. You can't do that. What we got going on...the
pipeline is an increase in some manufacturing jobs...that's important. The more manufacturing
jobs that we get, we got some numbers that look real good that are going to be coming on
line...the LNG project. That's where we need to focus our attention. But meanwhile, we need to
find some way to compensate you all until we get in deeper water.
The propositions on the ballot, like [ told the City Manager, you do not...never...spring that upon
the voters without citizen input. You know those propositions put on that ballot prior to public
hearing, had no input...had no idea where the money was going...you got to earmark that money.
They had some attractive items in there, ! liked them. The public needs to have input.
One of the things that Yve always, T mentioned to the City Manager, T've always wanted to build
a beach on the Tsland. That could be a vehicle to do that also. We need to raise the quality-of-
life, we need to focus on manufacturing jobs and not live off our reserve. T'm comfortable we'll
be able to find something to help you all, to get us in...
Loye Kemp: My concern, of course, is...as President of the Association...is our employees and
their benefits and the way that their lifestyles are. T am pleading to you and without getting into
political overtures, to please find a way to help us.
Coun¢ilmember Lewis: One of the things ! also mentioned to the City Manager, there is no
hurry. You got four election days you can hold an election. We could do this thing in November
or we could wait until next year. We got to take our time with what we're going to be doing with
those propositions. They will give us some flexibility, T don't want no open end to something.
Mayor Ortiz: Councilman Beard,
Councilmember Beard: Thank you Mayor. Let me say this...I'm sorry, Councilman Flood...is
your light on? He hasn't spoken yet.
5
CiLy Council Minutes .lune 7, 2005
Councilmember Flood: You want me to go? T iust want to make a quick comment on
something that the City Manager just said. Eighty percent of the non-civil service people live in
the City of Port Arthur. Now here's where 1[ have a problem. A large chunk of the money goes to
the civil service people and they do not live in Port Arthur. Ts that what you said Mr. Manager?
That they do not live in the City of Port Arthur?
City Manager: T did not say that, but T think that Harvey can...can give the numbers...! think it's
like thirty percent of the police officers within Port Arthur and 1' think that almost forty
firefighters...
Coun¢ilmember Flood: A large chunk is going to public safety and we got almost one of the
highest crime rates in the State. My...something is not adding up. Then eighty percent of non-
civil service workers live here in the City of Port Arthur are suffering some of those crime
rates...it's just not adding up. So, 1' got a huge probtem with a large chunk of that money going
somewhere where we are not getting the results to bring this crime rate down. 1'11 definitely be
in support of seeing something happen for the non-civil service people. Thank you.
Loye Kemp: T appreciate that.
Mayor Ortiz: Councilman Beard.
Coun¢ilmember Beard: Thank you, Mayor. Briefly...let me offer a cautionary note because
sour grapes is not something that we need to be dealing in here. We need to deal with the harsh
realities of the moment. Citizens on May 7 spoke and 1' think they were loud and clear.
Councilman Lewis was right_any time you enter an election, whether you enter as an individual
or it's items on a ballot, if you want your side to win, you do what it takes to win. Tf you're
defeated, you take your lumps, go home and live to fight again.
From this corner...from this seat...! ask that we do exactly what he said was wait because we
have four statutory dates and this came up too quick without thorough enough deliberation as to
what it was that we could do and how we could do it. Granted, he's also right again in saying
that we could have earmarked specific funds, but you got to remember the money we're talking
about that would've been available was only two and a half million a year. As of March of this
year, the water utility funds are almost a half a million dollars in the red. So you're going from
two million...two and a half million...to two million right there. That when you divide it up among
all the departments you're looking at a very small sum of money, people. That's only a one-time
thing. You have to have some sustainability and build up your funds and reserves so that you are
able to do things on an ongoing basis.
The question remains is this...when we spend up to two million dollars, where are you going to
get money then? 1' said before, when you give bureaucrats and others money they're going to
spend it, and when they finish spending it, you ain't got no more...then what are you going to
do? That's only a short-term fix. Again, as T said, the key to us providing better for our people
and improving the quality-of-life, is by improving the standard of living. That standard of living is
based on just what you said earlier, the amount of money you make on your job and you get
paid. 1'f you're not making the money, then you don't have a very good standard of living. That's
just brass tacks. So all of the blame laying that you've heard and that's being done...that's weak
and pathetic. What we need to do is think of ways to help our people win. Let's focus on down
the road and help us get to where we need to be to make our city stronger. Let's quit laying
blame and find some ways to do it.
Loye Kemp: 1[ agree. Thank you. 1' agree.
Mayor Ortiz: Councilman Sinegal.
Councilmember $inegal: 1' heard the word sour grapes, blame [aying...and !'m going to ignore
those remarks from this seat. !'m the one that said something about the propositions and 1' don't
need to be reprimanded by another Councilmember on those remarks, thank you.
Mayor Ortiz: Well, we've spent thirty-five minutes on this issue. 1. think we've spent enough
time on it to last us a lifetime, thank you Mr. Kemp.
C. Correspondence
None
6
City Council Minutes ~lune 7, 2005
V. UNF~NZSHED BUSZNESS
None
VZ. CONSENT AGENDA
Upon the motion of Councilmember $inegal, seconded by Councilmember Henderson and carried
unanimously, the following Consent Agenda items were adopted with the exception of Proposed
Resolution No. 13159 and Proposed Resolution No. 13117:
(A) Consideration And Approval Of Awarding A Bid For The Purchase
Of One 22 C.Y. Automated Garbage Collection Unit To Houston
Freightliner Of Houston, Texas Zn The Amount Of $:~60,031.00 For
The Public Works Department (Solid Waste Division).
(B) Consideration And Approval To Award A Bid For The Purchase Of
Street Materials (Road Building Materials) To Vulcan Construction
Materials LP, Transit Mix Concrete & Materials, APAC-Texas,
Austin White Lime Company, Chemical Lime Company And TXT
Expanded Shale & Clay For The Public Works Department (Street
Division).
(C) Consideration And Approval Of Awarding A Bid For The Purchase
Of Drainage Materials (Concrete Pipe And Boxes) To National
Concrete Products For The Public Works Department (Drainage
Division).
(D) Consideration And Approval Of Awarding A Bid For The Purchase
Of Street Materials (Concrete Building Materials) To Quality
Concrete And Parker Lumber Company For The Public Works
Department (Street Division).
(E) Consideration And Approval Of Emergency Repairs To A Backhoe
(Equipment #96:1.) To Howard's Automotive Tn The Amount Of
$:].:].,633.48 For The Parks & Recreation Department.
(F) Consideration And Approval Of Emergency Repairs To A Dumping
Stakebed Truck (Equipment #:].247) To Howard's Automotive Tn
The Amount Of $5,554.82 For The Parks & Recreation
Department.
(G) Expense RePort
Councilmember Felix A. Barker:
Use Of Personal Auto On City Business Out Of Town,
May, 2005
$ ~7.42
Councilmember Thomas 3. Henderson:
Attend Texas Leadership Institute: Downtown Revitalization
May 25, 2005
$346.92
Resolutions - Consent
(2) P.R. No. 13~.52 - A Resolution Awarding A Bid And Authorizing
The Execution Of A One (~.) Year Contract Between The City Of
Port Arthur And Hollier Construction & Aluminum Of Groves, Texas
For Concrete Slip-Form Placement Of Concrete Curb And Gutters
And Concrete Curbs, And Construction Of Sidewalks, Driveways
And Wheelchair Ramps On A Unit Cost Basis For Various City
Funded And CDBG Grant Funded Street Projects; Proposed
Funding: Street Division Account No. 00~.-~.203-53Z.36/5:~/86 And
CDBG Street Project Accounts.
Proposed Resolution No. 13152 was adopted becoming Resolution No. 05-176.
?
City Council Minutes .lune 7, 2005
(3) P.R. No. 13154 - A Resolution Requesting That Kansas City
Southern Railway Corporation Repair The Railway
Overpass/Bridge Located Near The Intersection Of Houston
Avenue And Gulfway Drive In Port Arthur, Texas. (Requested By
Councilmember Beard)
Proposed Resolution No. 13154 was adopted becoming Resolution No. 05-177.
(4) P.R. No. 13157 - A Resolution Amending The FY 2004-05 Contract
Between The City Of Port Arthur And The Department Of State
Health Services, Attachment No. 048, Office Of Public Health
Practice-BioTerrorism Preparedness As Shown By Contract
Change Notice No. 08.
Proposed Resolution No. 13157 was adopted becoming Resolution No. 05-178.
{5) P.R. No. 13158 - A Resolution Authorizing Application For Funding
From The Texas Department Of Transportation For Various Street
Widening Projects.
Proposed Resolution No. 13158 was adopted becoming Resolution No. 05-179.
I'I'EI~IS REQUIR/NG ZND1VZDUAL ACT/ON - CONSENT
Consent- Resolution
(6) P.R. No. 13159 - A Resolution Authorizing The City Manager To
Execute A Contract Between The City Of Port Arthur And 3BS
Associates For Professional Services, Not To Exceed $75,000,
Related To A Water Distribution System Audit. Account No. 427-
1626-532.54-00.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember Flood that
Proposed Resolution No. 13159 be adopted.
Utility Operations Director Kelly Eldridge appeared before the Council and explained the meter
management program and the general purpose of the water distribution system audit that will be
paid from the water bond fund. Mr. Eldridge said that "we fix about 900 to1500 leaks a year--
mainline leaks...about that many more service line leaks." He also added that, "the leaks are just
one of the many factors in water loss. We account for a lot of the water through leaks; we
estimate how much water is loss by each leak and we're still way out there in unaccounted for
water._water that's not accounted for. There's water getting away from us we don't know where
it is. That's what lBS will help us determine." Mr. Eldridge further elaborated on steps that will
be taken in the audit, the replacement of 400 fire hydrants and other factors.
Mr. Frank Dannenbaum, Specialist in Improving Water Accountability and Revenue Capture, .lBS
Associates, 4715 Strack Road, Suite 114, Houston, TX, appeared before the City Council and
discussed the components of the proposed audit and the benefits of the professional services of
lBS Associates.
The City Manager commented that the audit will help us to come up with systems to prevent
theft of water.
Proposed Resolution No. 13159 was adopted becoming Resolution No. 05-180.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker,
Henderson, Flood, Beard and Sinegal.
Voting No' None.
8
City Council Minutes June 7, 2005
The caption of Resolution No. 05-180 reads as follows:
RESOLUI~ON NO. 05-180
A RESOLUI'~ON AUTHORIZZNG THE CTI'Y MANAGER
TO EXECUTE A CONTRACT BETWEEN THE cI'rY OF
PORT ARTHUR AND lBS ASSOCZATES FOR
PROFESSZONAL SERVZCES~ NOT TO EXCEED $75~000~
RELATED TO A WATER DZSTRZBUTZON SYSTEM
AUDZT, ACCOUNT NO. 427-:~626-532.54-00.
(1) P.R. No. 13:Z:Z7 - A Resolution Approving An Zndustrial District
Agreement With Port Arthur Steam Energy LP For The Waste Heat
Recovery Cogeneration Facility (2006-20:L0).
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Sinegal and seconded by Councilmember Flood that
Proposed Resolution No. 13117 be adopted.
The City Manager addressed an inquiry regarding franchises for electrical companies in regards to
the cogenerational facility and why the City is not getting back a franchise fee. He said that
"under the legislation, to the best of my knowledge, we get paid a certain amount per kilowatt
hour that is sold by Entergy...!'m not aware of any other monies that we're getting for electrical
sales to Entergy because ! think the franchise agreement is based on sales to the end user...and
that would be the retail sales...."
The City Attorney added that: "First off, this is in our ET,1 and we don't get a franchise fee for
companies in our Extraterritorial ,lurisdiction. So if Energy sold electricity to companies that are
not in our...that are outside our corporate limit, then we don't get a franchise fee from them."
Proposed Resolution No. 13117 was adopted becoming Resolution No. 05-181.
Voting Yes: Mayor Ortiz; Hayor Pro Tern Thompson; Councilmembers Lewis, Barker, Flood,
Beard and Sinegal.
Voting No: None.
Councilmember Henderson was out-of-his-seat in the Council Chamber during the vote.
The caption of Resolution No. 05-181 reads as follows:
RESOLUTION NO. 05-181
A RESOLUTZON APPROVZNG AN ZNDUSTRZAL
DZSTRZCT AGREEMENT WZI'H PORT ARTHUR STEAM
ENERGY LP FOR THE WASTE HEAT RECOVERY
COGENERATZON FACZLTrY (2006-20:l.0).
A. Resolutions - Non-Consent
P. R. No. ~.3160 - A Resolution Appointing A Director And/Or
Advisory Director To The City Of Port Arthur Section 4A Economic
Development Corporation.
Councilmember Henderson returned to his seat at 6:40 p.m.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Coundlmember Flood and seconded by Councilmember Beard that
Proposed Resolution No. 13:160 be adopted.
Councilmember Flood nominated Mrs. Linda Turner Spears as the Position i Section 4A Economic
Development Corporation nominee to represent the pool composed of Districts 1, 4 and 5.
City Council Minutes June 7, 2005
Councilmember Sinegal asked for the following point of clarification:
Mayor, just for clarity...Councilmember Flood, you're appointing her, right? From District
four? So it's no mix-up later on, you're appointing her, right? She lives in District four?
That's what (inaudible).
Councilmember Flood:
That's correct because when she was first appointed, T think Mr. Hannah had put her in
out of the pool ....
Councilmember Sinegah
1: understand, I just wanted to clear that up.
Proposed Resolution No. 13:L60 was adopted with the above-mentioned reappointment becoming
Resolution No. 05-182.
VotingYes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker,
Henderson, Flood, Beard and Sinegal.
Voting No: None.
The caption of Resolution No. 05-182 reads as follows:
RESOLUTION NO. 05-182
A RESOLUTION APpOTNTING A DZRECTOR AND/OR ADVISORY
DIRECTOR TO THE CTrY OF PORT ARTHUR SECTION 4A
ECONOMTC DEVELOPMENT CORPORATZON.
B. Ordinances
None
C. *Reports And Recommendations
(2) Report On Weed & Seed Program
Planning/Grants Director Dale Watson announced that Weed & Seed Coordinator LaTonya
Turner was teaching computer classes at Eastern Star Baptist Church and said that the
computer program is a success. He also said that the City is fortunate to receive the
computers from the Department of Justice and that the National Urban Technology Center
provided the instructor training. The instructors and now providing training to individuals.
The workshop series began on May 3, 2005 with :~6 participants and groups are meeting
on Tuesdays and Wednesdays. T~e next series will begin on June 20, 2005 and a number
of individuals have already signed up for the classes.
Councilmember Beard asked that the computer classes be publicized on the Government
Channel and that a letter be sent from the City Council thanking the Eastern Star Baptist
Church for housing this program.
(3) Report On Drug Task Force Events To Be Held On 3une 13, 2005 At
The Robert A. Bowers Civic Center
The City Manager presented background information on the above-mentioned Drug Task Force
Event to be held on June 13, 2005 at 6:00 p.m. at the Robert A. Bowers Civic Center.
(4) Repor~ On Fourth Of .luly Celebration
The City Manager discussed the history behind the Fourth of .luly Celebration and the original
funding of the event where half of the monies originated from community involvement, non-
profits, and private donations with a cost of about $15,000 every year. He said that the concept
was that the City would pay half and others would pay half. The City Manager further added that
the Lamar State College Port Arthur has gotten involved and taken the lead in presenting
excellent musical programs.
City Council Minutes 3une 7, 2005
The contract, according to the City Hanager, has been signed for the Fourth of July Celebration;
but, of the local support that is $7,500--the City has received only $2,000 with $1,000 coming
from Lamar State College Port Arthur--in addition to their contribution of the musical program
and the otherS1,000 coming from Premcor.
The City Manager also included information regarding what the City of Beaumont is doing with
their Fourth of July Celebration. Although, the City of Port Arthur is not receiving the financial
support received in the past, the event will go forward as planned for this coming Fourth of luly.
(5) Report On Status Of EDC Legislation & Council Options
The City Hanager commented that the legislation that will allow for up to nine Section 4A
Economic Development Corporation Board Members has passed. The legislation (House Bill
3036) will become law on June 20, 2005.
(6) Report On Crime Statistics
Assistant Po]ice Chief Colonel Mark Blanton presented the above-mentioned report and distributed
a written report to the City Council regarding crime statistics.
~V. PUBLZC HEARZNGS - 7:00PM
(1.) To Consider Whether Or Not To Rename W. 7~h Street And 7th Street
From Houston Avenue To Woodworth Boulevard To Rev. Dr. Ransom
Howard Street.
The Mayor introduced the above-mentioned Public Hearing at 7:18 p.m.
Planning/Grants Director Watson appeared before the City Council and presented background
information on the street renaming of West 7th Street and 7~ Street from Houston Avenue to
Woodworth Boulevard to Rev. Dr. Ransom Howard Street.
The Mayor requested for individuals wishing to speak on the street renaming to come forward.
Note: The Presiding Officer combined the support/acknowledgement comments from the
audience for the street renaming for both Rev. Dr. Ransom Howard and Rev.
Raymond Scott simultaneously.
The following individuals came forward to speak in favor of the street renaming:
Rev. Wayne Morris, 2747 35TM Street, Port Arthur, Texas, spoke on behalf of Rev.
Dr. Howard's street renaming and further acknowledged Rev. Scott's street
renaming.
Mrs. Yvonne Howard, 3001 14~ Street, Port Arthur, Texas, spoke on behalf of Rev.
Dr. Howard's street renaming.
Mrs. Betty Kiel, 1401 5th Avenue, Port Arthur, Texas, spoke on behalf of Rev. Dr.
Howard's street renaming.
Mr. Glenn Edward Alexander, 3801 Lakeshore Drive, Port Arthur, Texas, spoke on
behalf of Rev. Dr. Howard's street renaming and further acknowledged Rev. Scott's
street renaming.
Rev. Richard Scott, 1208 Parkwest, Texas City, Texas, spoke on behalf of Rev.
Scott's street renaming and further acknowledged Rev. Dr. Howard's ~reet
renaming.
Mr. Raymond Scott, Jr., (Address not given for the Record), spoke on behalf of
Rev. Scott's street renaming and further acknowledged Rev. Dr. Howard's street
renaming.
The Mayor, City Councilmembers and the City Manager spoke positively regarding the many
community contributions, leadership and integrity of both Rev. Dr. Ransom Howard and Rev.
Raymond Scott and expressed support for the renaming of the streets.
The motion was made by Councilmember Henderson and seconded by Coun¢ilmember Beard that
the Public Hearing be closed at 7:49 p.m.
11
City Council Hinute$ 3une 7, 2005
(2) To Consider Whether Or Not To Rename Kansas Avenue From W, 7~
Street To W. 19m Street To Raymond Scott Avenue.
The Mayor introduced the above-mentioned Public Hearing at 7:49 p.m.
Planning/Grants Director Watson appeared before the City Council and presented background
information regarding renaming Kansas Avenue from West 7m Street to West 19th Street to
Raymond Scott Avenue.
The Mayor stated that ail audience participants for the above-mentioned Public Hearing have had
an opportunity to speak.
The motion was made by Counciimember Sinegal and seconded by Councilmember Beard that
the Public Hearing be dosed at 7:51 p.m.
The City Council recessed their meeting at 7:51 p.m. and reconvened their meeting at 8:06 p.m.
with the following members present: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers
Barker, Henderson, Flood, Beard and Sinegal; City Manager Fitzgibbons; City Secretary Green and
City Attorney Sokolow.
C. Reoorts And Recommendations
(1) Report On Preliminary Appraisal Values
Finance Director Rebecca Underhill presented the above-mentioned report on the preliminary
appraisal values for Jefferson County properties.
VTTT. REPORTS OF BOARDS & COMMz I m EES
None
Councilmember Lewis returned to the meeting prior to the Executive Session.
*CLOSED MEETING (EXECUTIVE SESSZON)
Closed Meetina:
(1) Section SS1.071 Government Code - To Discuss With The City
Attorney And Frank Calvert The Pending Litigation As Zt Pertains
To Molfina Vs. City.
(2) Section SS1.071 Government Code - To Discuss With The City
Attorney The Pending Litigation As Zt Pertains To The Lawsuit Of
Mills Vs. City, Et Al.
(3) Section SS1.071 Government Code - To Discuss With The City
Attorney Procedures To Avoid Litigation As To Meeting Protocol
And Decorum
(4) Section SS~.071 Government Code - To Discuss With The City
Attorney Potential And Pending Litigation As Zt Pertains To EDC
Consultants Or Grantees, Or Contractors.
(S)Section SS1.073 Government Code - To Discuss A Prospective Gift
Of Buildings And Lots Adjacent To 39th Street.
(6) Section SS1.097 Government Code - To Discuss Zncentives For
Commercial, Residential, Medical And Zndustrial Business
Prospects,
(7) Section 551.071 Government Code - To Discuss With The City
Attorney His Advice As To Avoid Litigation As To Conflicts Of
~nterest. (Requested By Councilmember Beard)
The City Council recessed their meeting at 8:13 p.m. to meet in Executive Session to consider the
above-mentioned topics, and reconvened their meeting at 9:35 p.m. with the following members
present: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker, Henderson,
Flood, Beard and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney
Sokolow.
City Council Minutes 3une 7, 2005
XI. FUTURE AGENDAI~TEMS OR REQUESTED REPORTS
Councilmember Sinegal:
Present Port Arthur Police Department Detectives to the City Council and
citizens of the City of Port Arthur
Mayor Ortiz:
Requested a resolution regarding dredging of the Sabine Neches Waterway
requested by .ludge Griffith and that a Special Meeting be convened at 5:00
p.m. on Monday, June 13, 2005 for the consideration of the resolution.
Councilmember Beard:
(1) Requested a letter from the Mayor and Council be sent to Chet Edwards,
Chair of the House Waterways Committee and a letter from the Mayor's
Office on the importance of consideration of a resolution regarding the
dredging of the canal.
(2) Schedule further meetings with the Pleasure Tsland Commission and
TXDOT regarding island erosion control.
(3) Have Environmental Health Inspectors check the 2800 60th Street in the
Port Acres area regarding a report of high grass.
Councilmember Flood:
Requested a report on the light at the end of Cambridge/Bayou Drive in
Lakeside; street that connects Cambridge to Bayou Drive at the cul de sac;
requested a report on four drain inlets--one on Cambridge, two on Robin
Hood, and one on Bayou Drive that's caved in.
Councilmember Sinegal (for Councilmember Prince in her excused absence):
(1) Update report on the United Board of Missions sewer line problems.
(2) Requested Economic Development Training, for members of Council who
so desire, presented by an EDC Consultant.
(3) Address quality of SETCAST rebroadcast of City Council meetings.
XI. AD3OURNMENT OF MEETING
Upon the motion of Councilmember Henderson, seconded by Mayor Pro Tem Thompson and
carried unanimously, the City Council adjourned their meeting at 9:48 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. ORT~Z
Al'rEST:
cTrY SECRETARY EVANGELI'NE GREEN
END OF REGULAR MEET/NG HELD .lune 7, 2005. APPROVED:.
13
City Council Minutes June 7, 2005