HomeMy WebLinkAboutOctober 25, 2005 REGULAR MEETTNG--October 2005
T. ROLL CALL, TNVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, October 25,
2005 at 5:38 p.m. in the City Council Chamber, City Hall, with the following members present:
Mayor Oscar G. Ortiz; Mayor Pro Tern Ronnie Thompson; Councilmembers Felix A. Barker,
Thomas J. Henderson, Martin Flood, Deloris "Bobble" Prince and Michael "Shane' Sinegal; City
Manager Steve Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Mark T.
Sokolow.
Councilmember Willie "Bae' Lewis, Jr. arrived at the meeting at 5:44 p.m.
Councilmember 3ohn Beard, Jr. arrived at the meeting at 5:49 p.m.
Mayor Pro Tern Thompson gave the invocation and followed with the pledge to the flag.
i1'. PROCLAMAT:[ONS & MTNUTES
Mayor Ortiz presented the following Proclamation:
October 25, 2005 as "Sempra Energy LNG Day~
TT:[. PETI'T~ONS &COMMUN:[CATTONS
A. Presentations
(~.) Presentation By Mustafa Abdul' .labbar Regarding The
Unity Program UMO.1A (Requested by Councilmember
Sinegal)
Mr. Mustafa 3abbar appeared before the City Council regarding the above-mentioned program.
(2) Presentation By TAP Worldwide Services Concerning The
Disaster Relief Efforts
TAP Worldwide Services Director of Business Development Robert P. Kane, Arlington, Virginia,
appeared before the City Council to discuss providing disaster recovery support services.
TAP Worldwide Consultant Charles Robinson, Arlington, Virgina, and Attorney Raphael Anchia,
Dallas, Texas, appeared before the City Council to discuss their services.
(3) Presentation By Colonel Steve Houstein Regarding The
Corps Of Engineers Hurricane Recovery Mission
Corps of Engineer Colonel Steve Houstein, 2000 Fort Point Road, Galveston, Texas appeared
before the City Council to explain the FEMA/Corps of Engineer Blue Roof Program and
Temporary Housing Program. He announced that citizens should call (409) 835-1313 for
assistance with the programs.
B. Speakers
Betty Adkins Regarding Trash Pick-Up And Sewer Tap Fees
For FEMA Trailers
Ms. Betty Adkins, 5549 Tremont, Sabine Pass, appeared before the City Council to discuss the
above-mentioned topic.
Public Works Director 3ohn Comeaux appeared before the City Council to address inquiries.
C. Correspondence - None
ZV. PUBLIC HEARINGS - 7:00PM - None
V. UNFINISHED BUSZNESS
None.
VZ. CONSENT AGENDA
Upon the motion of Mayor Pro 'rem Thompson, seconded by Councilmember Henderson and
carried, the following Consent Agenda items were adopted with the exception of Item A and
Proposed Resolution No. 13271 and Proposed Resolution No. 13298:
Resolutions - Consent
(2) P.R. No. :L3272 - A Resolution Awarding A Contract To Greater
Texas Environmental, Inc. In The Amount Of $:L4,000.00, And
Authorizing The Execution Of A Contract For The Demolition Of
Five (5) Dangerous Residential Properties (Group B), To Be
Charged To Account No. :~05-:L431-551.59-00; Project No.
C31:L20.
Proposed Resolution No. 13272 was adopted becoming Resolution No. 05-303.
(3) P.R. No. :~3273 - A Resolution Awarding A Contract To Greater
Texas Environmental, Inc. In The Amount Of $:~3,:~00.00, And
Authorizing The Execution Of A Contract For The Demolition Of
Five (5) Dangerous Residential Properties (Group C), To Be
Charged To Account No. 105-143:~-552.5g-00; Project C3:~:1.20.
Proposed Resolution No. 13273 was adopted becoming Resolution No. 05-304.
(4) P.R. No. 13274 - A Resolution Awarding A Contract To Greater
Texas Environmental, Inc. In The Amount Of $14,700.00, And
Authorizing The Execution Of A Contract For The Demolition Of
Five (5) Dangerous Residential Properties (Group D), To Be
Charged To Account No. :~05-:~43:~-552.5g-00; Project No.
C31120.
Proposed Resolution No. 13274 was adopted becoming Resolution No. 05-305.
P.R. No. :~3275 - A Resolution Awarding A Contract To Greater
Texas Environmental, Inc. In The Amount Of $13,400.00, And
Authorizing The Execution Of A Contract For The Demolition Of
Five (5) Dangerous Residential Properties (Group E), To
Be
Charged To Account No. :~05-:L43:~-552.Sg-00; Project No.
C31120.
Proposed Resolution No. 13275 was adopted becoming Resolution No. 05-306.
(6) P.R. No. :L3276 - A Resolution Awarding A Contract To Greater
Texas Environmental, Inc. In The Amount Of $:~3~:~00.00, And
Authorizing The Execution Of A Contract For The Demolition Of
Five (5) Dangerous Residential Properties (Group F), To Be
Charged To Account No. :L05-1431-552.59-00; Project No.
C31120.
Proposed Resolution No. 13276 was adopted becoming Resolution No. 05-307.
(8) P.R. No. :~330~. - A Resolution Authorizing A Contract Between
The City Of Port Arthur And f4illiman, Inc. Consultants And
Actuaries To Perform GASB45/Retiree Medicare Part D Drug
Subsidy Attestation Services
City Council Minutes--Regular Meeting~ctober 25, 200§ 2
Proposed Resolution No. 13301 was adopted becoming Resolution No. 05-308.
(g) P.R. No. 1:3302 - A Resolution Approving A Lease Agreement
With Mol~ile t4odular For The Temporary Housing Of Fire Station
No. 4 Due To Damages Sustained To The Permanent Facility At
5030 South Gulfwa¥ Drive, Sabine Pass A Result Of Hurricane
Rita
Proposed Resolution No. 13302 was adopted becoming Resolution No. 05-309.
(10) P.R. No. 13:304 - A Resolution Awarding A Bid And Authorizing
The Execution Of A Contract With ]oey's Tractor Service For
Grass Cutting Services Of Privately-Owned And City-Owned
Vacant Lots [n An Area Of The City Designated As Area B, To Be
Charged To Account No. 001-1401-551.59-00.
Proposed Resolution No. 13304 was adopted becoming Resolution No. 05-310.
(11) P.R. No. 13305 - A Resolution Authorizing The Submission Of A
Grant Agreement With The Texas Department Of Transportation
To Provide For Additional Transit Operating Funds.
Proposed Resolution No. 13305 was adopted becoming Resolution No. 05-311.
VIZ. ZTEPlS REQU1~RZNG ZNDJVrDUAL ACTION - CONSENT
A. Approval Of Hurricane Rita Emergency Purchases: Cotton
Companies $100,000 For Remediation Of City Facilities, $16,038
For Civic Center Roof Covering; ~IT Night Vision $25,080 For 10
Sets Of Night Vision Goggles; Lowe's Home ]mprovement Center
For Public Works Supplies; AIIco, Znc. $23,999.18 For Various
Water Facility Repairs; Garner Environmental
The Mayor introduced the above-mentioned Item.
The motion was made by Councilmember Henderson and seconded by Counciimember Lewis
that Item A be adopted.
Assistant Police Chief Colonel Mark Blanton appeared before the City Council and responded to
inquiries regarding the night vision goggles.
Finance Director Rebecca Underhill appeared before the City Council and discussed the
payment of contract personnel and the payment to Garner Environmental for generators and
other services.
Utility Operations Director Kelly Eldridge appeared before the City Council to respond to an
inquiry regarding AIIco, Inc.
The motion to adopt Item A carried unanimously.
Resolutions - Consent
(1) P.R. No. 13271 - A Resolution Awarding A Contract To Greater
Texas Environmental, Znc. In The Amount Of $13,500.00, And
Authorizing The Execution Of A Contract For The Demolition Of
Five (5) Dangerous Residential Properties (Group A), To Be
Charged To Account No. 105-1431-552.59-00; Project No.
C31120.
The Mayor introduced the above-mentioned Proposed Resolution.
City Council Minutes--Regular Meeting--October 25, 2005 3
The motion was made by Councilmember Henderson and seconded by Councilmember Flood
that Proposed Resolution No. 1327! be adopted.
Community Services Director Lawrence Baker appeared before the City Council and
commented that the above-mentioned demolitions are not FEMA reimbursable.
Proposed Resolution No. 1327! was adopted becoming Resolution No. 05-312.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker,
Henderson, Beard, Flood, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-312 reads as follows:
RESOLUTION NO. 05-312
A RESOLUTZON AWARDZNG A CONTRACT TO GREATER
TEXAS ENVtRONI~IENTAL, INC. ZN THE AI~IOUNT OF
$13,500.00, AND AUTHORIZtNG THE EXECUTI~ON OF A
CONTRACT FOR THE DEMOLITION OF FtVE (5)
DANGEROUS RESiDENT?AL PROPERTTES (GROUP A), TO
BE CHARGED TO ACCOUNT NO. 105-1431-552.59-00;
PROJECT NO. C31120.
(7) P.R. No. 13298 - A Resolution Authorizing The Renewal Of The
Coastal Lease No. CL820010
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Prince and seconded by Councilmember Flood that
Proposed Resolution No. 13298 be adopted.
Planning/Grants Management Director Dale Watson appeared before the City Council and
explained the acquisition of the five-year lease from the State.
Proposed Resolution No. 13298 was adopted becoming Resolution No. 05-3~3.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker,
Henderson, Beard, Flood, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 0513~.3 reads as follows:
RESOLUTION NO. 05-313
A RESOLUTTON AUTHOR/ZING THE RENEWAL OF
THE COASTAL LEASE NO. CL820010
1-rEMS REQU~R/NG IND~VZDUAL ACTIION-NON-CONSENT
A. Resolutions
(1) P.R. No. 13293 - A Resolution Authorizing Additional Services
For The Contract Dated December 19, 2003 Between The City Of
Port Arthur And Arceneaux & Gates Consulting Engineers, ~nc.
Of Port Arthur, Texas For Redesign Of The Boardwalk Extension
And ~ncreasing The Budget For This Engineering Service By
$32,700 To A Total Of $256,600. CIP 202, 303-1603-591.54-00.
The Mayor introduced the above-mentioned Proposed Resolution.
City Council Minutes--Regular Meeting--October 25, 2005 4
The motion was made by Councilmember Flood and seconded by Councilmember Henderson
that Proposed Resolution No. ~.3293 be adopted.
Assistant Public Works Director Ross Blackketter appeared before the City Council and
explained the change order to the above-mentioned Boardwalk extension project resulting
from a change in scope.
Proposed Resolution No. 13293 was adopted becoming Resolution No. 05-314.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker,
Henderson, Flood, Prince and Sinegal.
Voting No: None.
Councilmember Beard was out-of-his-seat during the vote.
The caption of Resolution No. 05-31~. reads as follows:
RESOLUTION NO. 05-314
A RESOLUTION AUTHORLZING ADDITIONAL SERVICES
FOR THE CONTRACT DATED DECEMBER 19, 2003
BETWEEN THE CITY OF PORT ARTHUR AND ARCENEAUX &
GATES CONSULTING ENGINEERS, INC. OF PORT ARTHUR,
TEXAS FOR REDESIGN OF THE BOARDWALK EXTENSION
AND INCREASING THE BUDGET FOR THIS ENGTNEER/NG
SERVICE BY $32,700 TO A TOTAL OF $256,600. CIP 202,
303-1603-591.54-00.
(2) P.R. No. 13300 - A Resolution As To Sabine Pass And Other
Portions Of The City Of Port Arthur (Requested By Mayor Ortiz)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tem Thompson and seconded by Councilmember
Henderson that Proposed Resolution No. 13300 be adopted.
Mayor Ortiz entered the following statement into the official record:
! am going to make a statement here now because there has been so much
made of a remark that ! made on television at one of the news conferences. !
am going to make this statement now but ! will not take any pros or cons on my
statement. You can say whatever you want Councilmembers, but ! am not going
to answer any further beyond this.
! would like to take this opportunity to apologize if ! offended any resident of
Sabine Pass by my recent remarks. ! apologize...! have always considered the
term "redneck" to folks who are honest, hard-working and dedicated individuals,
often working particularly with their own two hands. ! hold these people in the
highest regard and meant no disrespect by my words.
Hopefully we can now move forward together in the efforts to rebuild Sabine
Pass. After all, the rebuilding of Sabine Pass has to be the main issue.
! will stop it right there ....
Upon Councilmember Lewis' request, Mayor Ortiz reread the above-mentioned statement
again into the record.
Ms..lolene Bullock, Sabine Pass resident, appeared before the City Council regarding issues
and concerns in the Sabine Pass community following Hurricane Rita.
city Council Minutes--Regular Meeting--October 25, 2005 5
Proposed Resolution No. 13300 was adopted becoming Resolution No. 05-315,
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker,
Henderson, Beard, Flood, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-315 reads as follows:
RESOLUTION NO. 05-315
A RESOLUTION AS TO SABINE PASS AND OTHER
PORTIONS OF THE CITY OF PORT ARTHUR (REQUESTED
BY MAYOR ORTIZ)
(3) P.R. No. 13306 - A Resolution Approving An Economic Incentive
Contract And Loan Agreement Between Pleasure Island Shrimp
House, Inc. And The City Of Port Arthur Section 4A Economic
Development Corporation
The Mayor introduced the above-mentioned Proposed Resolution.
The Mayor read the following letter into the official record:
Dear Mr. Sokolow:
The EDC does not have a Pleasure Island Shrimp House, Inc. Incentive Contract
for approval. There are collateral issues, discovered last week, that must be
resolved. The EDC will work with Mr. Victor Tran on the collateral issues and
potentially present an Incentive Contract to the City Council at a later date.
Sincerely,
Germer Gertz, L.L.P.
Upon the motion of Councilmember Henderson, seconded by Councilmember Beard and
carried unanimously, Proposed Resolution No. 13306 was removed from the agenda.
(4) P.R. No. 13307 - A Resolution Appointing Or Reappointing A
Member Or Members To The Beautification Commission
(Requested By Councilmember Prince)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tern Thompson and seconded by Councilmember Prince
that Proposed Resolution No. 13307 be adopted with the nomination of Councilmember Prince
and the additional nominations of Councilmembers Lewis and Henderson as follows:
.loana Tana Manson--nominated by Councilmember Prince
Enola Samson--nominated by Councilmember Lewis
~m Hutson--nominated by Councilmember Henderson
Proposed Resolution No. 13307 was adopted with the above-mentioned individuals becoming
Resolution No. 05-316.
Voting Yes: Mayor Ortiz; IVlayor Pro Tem Thompson; Councilmembers Lewis, Barker,
Henderson, Beard, Flood, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-316 reads as follows:
city Council Minutes--Regular Meeting--October 25, 2005 6
RESOLUTION NO. 05-316
A RESOLUTION APPOINTING OR REAPPOI~NTING A
F4EF4BER OR F4EF4BERS TO THE BEAUTZFICATTON
COF4t4ISSION (REi~UESTED BY COUNCTLt4Et4BER PR/NCE)
(5) P.R. No. 13308 - A Resolution Approving The Sub-Leasin§ Of
Crew Quarters Housin9 Units From Huntsman Corporation For
Temporary Housin9 Of Displaced Citizens Due To Hurricane Rita
The above-mentioned Proposed Resolution was held until after Executive Session.
(6) P.R. No. 13309 - A Resolution As It Pertains To Shrimpers,
Shipfitters, Offshore Workers, LNG Workers, And The Citizens Of
Sabine Pass (Requested By Councilmembers Lewis, Beard And
Flood)
The Mayor introduced the above-mentioned Proposed Resolution.
A motion was made by Councilmember Henderson to remove Proposed Resolution No. 13309
and the motion was withdrawn.
The motion was made by Councilmember Lewis and seconded by Councilmember Beard that
Proposed Resolution No. 13309 be adopted.
The City Manager read the following Proposed Resolution No. 13309 into the official record at
Councilmember Lewis' request:
Cit',/14anager: A Resolution As ]It Pertains To Shrimpers, Shipfitters, Offshore
Workers, LNG Workers, And The Citizens Of Sabine Pass
(Requested By Councilmembers Lewis, Beard And Flood)
City t4anager: WHEREAS, Councilmembers Lewis, Beard, and Flood have
requested that it be made known that the insensitive remark made
by a member of the Port Arthur City Council does not reflect the
majority opinion of the City Council; and,
WHEREAS, the shrimpers, shipfltters, offshore workers, LNG
workers, and the citizens of Sabine Pass make a great contribution
to the Port Arthur economy.
NOW THEREFORE, BE 1-f RESOLVED BY THE C1TY COUNCIL OF
THE C1TY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true
and correct.
Section 2. That the City Council supports the shrimpers, offshore
workers, LNG workers, and the citizens of Sabine Pass and feels
that they make a great contribution to the Port Arthur economy.
Section 3. That a copy of the caption of this Resolution be
spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this __ day of
A.D., 2005, at a Regular Meeting of the City Council.
Proposed Resolution No. 13309 was adopted becoming Resolution No. 05-317.
City Council Minutes--Regular Meeting--October 25, 2005 7
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Coundlmembers Lewis, Barker,
Henderson, Beard, Flood, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-317 reads as follows:
RESOLUTION NO, 05-317
A RESOLUTION AS TT PERTAINS TO SHRZMPERS,
SHZPFZTTERS, OFFSHORE WORKERS, LNG WORKERS, AND
THE CITIZENS OF SABINE PASS (REQUESTED BY
COUNCZLMEMBERS LEWIS, BEARD AND FLOOD)
B. Ordinances
(1) P.O. No. 5569 - An Ordinance As Zt Pertains To The Executive
Orders And Agreements Entered into Regarding Temporary
Housing Of Water Department Facilities During The State Of
Disaster And State Of Emergency
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion was made by Councilmember Henderson and seconded by Councilmember
Flood and carried unanimously, Proposed Ordinance No. 5569 was adopted becoming
Ordinance No. 05-83.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker,
Henderson, Flood, Beard, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 05-83 reads as follows:
ORDINANCE NO. 05-83
AN ORDINANCE AS iT PERTAINS TO THE EXECUTIVE
ORDERS AND AGREEMENTS ENTERED iNTO REGARDING
TEMPORARY HOUSING OF WATER DEPARTMENT
FACZLZI'ZES DURING THE STATE OF DISASTER AND STATE
OF EMERGENCY
C. *Reports And Recommendations
(1) August, 2005 Financial Statement
Finance Director Rebecca Underhill presented the above-mentioned report.
(2) Report As To The Damages Caused By Hurricane Rita, Response
Of The City To Restore Public Services And To Remediate And
Mitigate Damages, The Costs Thereof, The Removal Of Debris
And Bills Paid Thereon, And The Reimbursement Of Associated
Costs From The State, FEMA And The City's insurance Carriers
City Manager Fitzgibbons and Finance Director Rebecca Underhill discussed the above-
mentioned report.
PA]~SD Transportation Driver .lolanda Hayfield, 2800 Eighteenth Street, appeared before the
City Council to report the perils she endured during the seventeen-day evacuation process.
City Council Minutes--Regular Meeting--October 25, 2005 8
VIII. REPORTS OF BOARDS & COMMI1TEES
None.
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meetina:
(1) Section SS1.087 Government Code - To Discuss Incentives For
Commercial, Residential, Medical And Industrial Business
Prospects
(2) Section SS1.072 Government Code - To Discuss The Value Of
City Buildings And Property
(3) Section SS1.071 Government Code - To Discuss With The City
Attorney Potential Litigation That May Arise As A Result Of
Hurricane Rita Which Includes But Is Not Limited To The
Recovery Of Damages To City Property, Issues As It Relates To
Evacuation, Assets Obtained During The Hurricane, And
Compensation To Be Paid To Vendors And Other Entities Or
Persons
The City Council recessed their meeting at 8:31 p.m. to meet in Executive Session to consider
the above-mentioned topics, and reconvened their meeting at 9:10 p.m. with the following
members present: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Lewis, Barker,
Henderson, Flood, Beard, Prince and Sinegal; City Manager Fitzgibbons; City Secretary Green
and City Attorney Sokolow.
A motion was made by Councilmember Lewis, seconded by Councilmember Beard and carried
unanimously, to compensate the Port Arthur Independent School District Bus Drivers for
sixteen-hours per day; City of Port Arthur bus drivers will receive an amount equivalent to the
school district drivers plus $25.00 per diem for both City and School District Bus Drivers.
VII. ITEMS RE(~UIR[NG INDIVIDUAL ACTION -NON-CONSENT
(5) P.R. No. 13308 - A Resolution Approving The Sub-Leasing Of
Crew Quarters Housing Units From Huntsman Corporation For
Temporary Housing Of Displaced Citizens Due To Hurricane Rita
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Flood and seconded by Councilmember Henderson
that Proposed Resolution No. 13308 be adopted.
Huntsman Representative Clark Colvin appeared before the City Council to discuss the sub-
lease agreement.
The motion was made by Councilmember Beard and seconded by Mayor Pro Tern Thompson
that Proposed Resolution No. 13308 be amended to include submittal to FEMA for the
reimbursement of costs.
The motion to amend Proposed Resolution No. 13308 carried.
Proposed Resolution No. 13262 was adopted as amended becoming Resolution No. 05-318.
Voting Yes' Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Lewis, Barker,
Henderson, Flood, Beard, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-318 reads as follows:
City Council Minutes--Regular Meeting--October 25, 2005 9
RESOLUTION 05-318
A RESOLUTI'ON APPROVI~NG THE SUB-LEASI'NG OF CREW
(~UARTERS HOUSZNG UNZTS FROI~t HUNTSI~IAN
CORPORATION FOR TEMPORARY HOUS~'NG OF DtSPLACED
C1*TI'ZENS DUE TO HURR/CANE RITA
X. FUTURE AGENDA ZTEF,IS OR REQUESTED REPORTS
None.
XZ. AD3OURNMENT OF MEETING
Upon the motion of Councilmember Beard, seconded by IVlayor Pro Tem Thompson and carried
unanimously, the City Council adjourned their meeting at 9:23 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
ATTEST:
CITY SECRETARY EVANGELINE GREEN
END OF REGULAR MEETING HELD OCTOBER 25, 2005. APPROVED:
City Council Minutes--Regular Meeting-October 25, 2005