HomeMy WebLinkAbout(01)JUNE 19, 2007 REGULARREGULAR MEETING- June 19, 2007
I. ROLL CALL, INVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, June 19, 2007,
at 8:35 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor
Oscar G. Ortiz; Mayor Pro Tern Michael "Shane" Sinegal; Councilmembers .lack B. Chatman, .~r.,
Cai 1ones, Hartin Flood, Robert E. "Bob" Williamson and Deloris "Bobble" Prince; City Manager
Steve Fitzgibbons, City Secretary Evangeline "Van" Green and City Attorney Mark T. Sokolow.
Councilmember .]ohn Beard was absent from the meeting because of death in the family and
illness.
II. PROCLAMATIONS & MINUTES
The Mayor presented the following proclamations:
June 19, 2007 as Juneteenth Day
June 22, 2007 as Lifeshare Blood Center's Day
June 19, 2007 as Ivor and Captain Perry Martin Day
Minutes - May 8, 2007 Regular
Upon the motion of Councilmember Henderson, seconded by Councilmember WiItiamson
and carried unanimously, the City Council approved the above-mentioned minutes.
III. PETITIONS & COMMUNICATIONS
A. Presentations
(1)
Rhorer-Moniotte Investments, LL.C. DBA Desselle-Maggard Corporation
(DMC) Regarding Port Arthur Development Plans
Mr. Charles Moniotte, CEO, appeared before the City Council and presented a status report
regarding DMC's building in the Port Arthur Tndustrial Park, and participating in the local
industrial training program. He discussed workforce segments consisting of the owners,
contractors, and service providers. The assessment of current training by the ABC and Stillwell
facilities, as well of the role of the Golden Triangle Business Leaders Roundtable, was also
explained. Mr. Moniotte said that DMC would continue to work with the Port Arthur
]Independent School District.
Hr..loey ~lob, Business Partner, also appeared before the City Council and discussed DHC's
employment of a full-time educational consultant and the overall good participation from
Motiva, Valero and TOTAL.
The City Hanager suggested that a letter of support be sent from the City Council to industry
regarding DMC being a local vendor with an interest in hiring and spending locally.
IV. PUBLIC HEARINGS - 9:00 AM
(1)
To Consider The Disannexation Of Tract 1 - 178.2 Acres Out Of A Part Of
Divisions A, Dennis Gahagan League, Abstract No. 123 And Tract 2 -
25.76 Acres Of Land, Being Submerged Land Out Of And A Part Of
Divisions A, Dennis Gahagan League
Mayor Ortiz opened the above-mentioned Public Hearing at 9:19 a.m.
The City Attorney presented an overview of the above-mentioned Public Hearing.
Mr. Tom Burger, Manager External Affairs Golden Pass LNG, appeared before the City Council
and spoke on the above-mentioned request.
The Mayor requested to hear from anyone present in the audience who wished to speak
regarding the above-mentioned disannexation consideration. No one came forward.
Upon the motion of Councilmember Henderson, seconded by Counciimember Prince and
carried unanimously, the City Council closed the Public Hearing at 9:24 a.m.
2)
To Consider Whether Or Not To Allow Square Mile Energy, L.L.C., To
Drill An Oil Or Gas Well That Will Be Situated On The 5-Acre Tract Of
Land Owned By Square Mile Energy, L.L.C., Which Is Out Of Tract 3
Being The North 5 Acres Out Of The West 681.12 Feet Of Lot Number
Eleven, Block No. 1 Port Acres Subdivision
Mayor Ortiz opened the above-mentioned Public Hearing at 9:24 a.m.
Planning/Zoning Director Dale Watson appeared before the City Council and presented an
overview of the above-mentioned consideration to drill an oil or gas well.
Mr. Roland Fisher, Outside Counsel Square Mile Energy, L.L.C., appeared before the City
Council on behalf of the applicant.
The Mayor requested to hear from anyone present in the audience who wished to speak
regarding the above-mentioned request. No one came forward.
Upon the motion of Councilmember Henderson, seconded by Councilmember Prince and
carried unanimously, the City Council closed the Public Hearing at 9:28 a.m.
III. PETITIONS & COMMUNICATIONS
A. Presentations
(2) City Of Port Arthur Budget Process
Finance Director Rebecca Underhill presented information on the local government--budget
process and presented the following 2007-2008 Budget Adoption Schedule:
July 17,2007
July 31,2007
August 13,2007
August 14,2007
August 21,2007
August 28,2007
Se~ember11,2007
Regular Council Meeting-City Manager presents the
proposed budget to Council and files with the City
Secretary
Regular Council Meeting-Budget Workshop and
Resolution Calling Public Hearing on the 2007-2008
Budget
Port Arthur News--Publication of Notice of Public
Hearing on the 2007-2008 Budget
Regular Council Meeting--Resolution Calling the
Public Hearing on the Tax Rate-if required
Ordinance Approving the 2007 Appraisal Roll
Budget Workshop
Port Arthur News-Publication of Notice of Public
Hearing on the Tax Rate--if required
Regular Council Meeting--Public Hearing on
Budget, Public Hearing on Tax Rate--if required
Budget Workshop
Possibly Adopt Budget, Tax Rate, and Tax Roll
Regular Council Meeting--Budget Workshop-if
necessary
Adopt Budget, Tax Rate, and Tax Roll
(3)
Tisha Armstead, Project HOPE and Yolanda Morris, Social Services
Coordinator At Louis Manor Regarding Recognition Of Achievement And
Volunteedsm
Ms. Tisha Armstead, Project HOPE, 701 Rev. Dr. Ransom Howard Street, and Ms.
Yolanda Morris, Social Services Coordinator, 1300 Joe Louis Avenue, appeared before
the City Council and presented special recognition and recognition to worthy,
outstanding residents of Louis Manor and volunteers. The following individuals were
recognized from Louis Manor:
Ms. Rachel Scott
Ms. Tyra Smith Powetl
Not Present
Not Present
City Council Minutes--Regular Meeting--July 19, 2007 2
Ms. Cecelia Willis
Present
The following HOPE volunteers present at the meeting were recognized:
Ms. Angela Angelle
Ms. Deborah Lyons
Ms. Jennifer Milstead
Ms. Shenequa Flucas
B. Speakers
(1) Bernard Scrogin Regarding SETIO Update
Councilmember Williams recused himself from the above-mentioned discussion.
Mr. Bernard Scrogin, Lutheran Social Services Disaster Response/Southeast Texas Interfaith
Organization, 4537 Jimmy Johnson, appeared before the City Council to update the Council on
the progress of the Port Arthur Recovery Program. Mr. Scrogin discussed the mission as being
to identify and qualify as many homeowners as possible who cannot afford to repair their
hurricane-damaged homes and to repair as many homes as resources will allow.
Mr. Scrogin stated that a major dilemma found involved rising costs stemming from unsafe
wiring, plumbing/foundation problems and termites. He said that there are about 30 homes that
are still available for volunteers to work on but there is no funding to pay for electrical, plumbing
and similar problems. A timeline was presented regarding work to be completed and an
expression of appreciation was given to the city for the partnership to complete housing repairs,
the pending usage of CDBG funds, and Proposed Resolution No. 14223 on this agenda. He
reiterated the necessity of receiving funding in the next few months.
An invitation was extended to the City Council for a luncheon to be held on Thursday, June 27,
2007 at 11:00 a.m. at the Southeast Texas Interfaith Office, St. James Catholic Church on
Gulfway Drive.
(2) Gall Pellum Regarding Juneteenth Celebration
Ms. Gall Pellum, 2716 34th Street, spoke on the Juneteenth Celebration during the receipt of the
Juneteenth Day Proclamation.
(3) Peggy Jones Regarding Transit Petition--NOT PRESENT
(4) Stephen Mosely Regarding The Breeze Radio Station
Mr. Stephen Moseley, 1440 Barbara Lane, appeared before the City Council and spoke on the
contributions, community services and emergency services provided by the Breeze Radio Station
over the past two one-half years.
C. Coffespondence
County Clerk Carolyn Guidry Regarding Future Joint Elections
City Secretary Van Green read the following letter into the record:
June 13, 2007
TO:
All Political Subdivisions In Jefferson County
FROM:
Carolyn L. Guidry
The Jefferson County Clerk's office will no longer contract election
services with the political subdivisions. This demanding task requires almost the
entire County Clerk's staff, which places a sizable burden on our daily work and
negatively impacts customer service in this office. My staff has worked diligently
and with the utmost integrity to provide election services to each entity.
For future Elections, the County will lease the voting equipment, if
available, at the fees approved by Commissioners' Court and attached hereto.
City Council Minutes--Regular Meeting--July 19, 2007 3
Chris Moody, Regional Support Manager for ES&S would be your contact for all
ballot formatting, election programming, and equipment loading, and testing to
prepare for your future elections. Mr. Moody's contact number is 800-800-0362.
The Counting Station where the software programming for tabulation and
reporting is kept, could also be leased if available. However the political
subdivision would be responsible for the necessary personnel for that process.
I have enjoyed working with all of you and wish you much success in your
future elections.
Attachment
BILLING AND LEASE RATES
§ 123.032. The maximum amount that a county in which a political subdivision is
wholly or partly situated may charge the political subdivision for leasing county-
owned equipment is 10 percent of the purchase price of the equipment for each
day the equipment is leased.
EQUIPMENT
DESCRIPTION ORIGINAL RECOMMENDATION
COST OF
EQUIPMENT
VOTER Ivotronic $2,500.00 $50.00
ADA Ivotronic $2,995.00 $50.00
M100 (Pct Scanner) $4,750.00 $250.00
PRIVACY BOOTH $245.00 $7.00
PRIVACY BOOTH ADA $270.00 $7.00
PRINTER (for iVO) $650.00 $25.00
PEB $75.00 $10.00
PROGRAMMING ES&S RECOMMENDATION
RATES
1. Base charge per CENTRAL $350.00 $175.00
Tabulator Type (M650)
2. Base charge per PRECINCT $350.00 $175,00
Tabulator Type (M100 / iVO /
AutoMARK
3. Base Charge For ERM file set-up $350.00 $175.00
4. Ballot types $50.00 $25.00
5. Precincts $5.00 $2.50
6. Splits $5.00 $2.50
7. Ballot faces $10.00 $5.00
8. Contests/Issues $12.00 $6.00
9. Candidate/Responses $5.00 $2.50
10, Polling Places $10.00 $5.00
11. Media burns $10.00 $5.00
12. Electronic transfer files $17.00 $8.00
13. Reburns ADA Voice Files IVotronic $100.00 $50.00
14. Base Charge $250.00 $250.00
15. Total of 1200 words per election - $15.00 $15.00
Instructions/Propositions/Amendments
16. Price per word in excess of 1200 $0.15 $0.15
total words per election
17. Contests/Issues - $10.00 $10.00
ContestJCa ndidates/Ballot Styles
18. Candidates/Yes-No Responses $7.00 $7.00
19. Ballot faces (every different style in $10.00 $10.00
the election) Ballot Layout $10 per
Style/Precinct whichever is greater
20. Layout fee per Precinct Ballot $10.00 $5.00
21. Base Charge for Ballot On Demand $350.00 $125.00
(BCD) Site Support (L/A Testing, Early
Voting and Election Day)
22. Each Site Support event is a $3,900.00 $1,500.00
City Council Minutes--Regular Meeting--July 19, 2007 4
minimum of 3 days per Person.
23. Each additional day beyond line $1,500.00 $500.00
item #22 Ballot Printing
24. 1 Sided Ballot (no color) $0.29/ea $0.15
25.2 Sided Ballot (no color) $0.34/ea. $0.20
26. Estimated Freight Charges O.05/ea. $0.00
EXHIBIT A
V. UNFINISHED BUSINESS
P. R. No. 14201 -A Resolution Authorizing The City To Advertise
For Bids For Mowing And Landscape Maintenance Along State
Highway 73
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion made by Councilmember Henderson, seconded by Councilmember .]ones and
carried, Proposed Resolution No. 14201 was tabled.
Voting Yes:
Mayor Ortiz; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Williamson and Prince.
Voting No: None.
VI. CONSENTAGENDA
Upon the motion of Councilmember Henderson, seconded by Councilmember Chatman
and carried, the following Consent Agenda items were adopted with the exception of Proposed
Resolutions No. 14223, 14208 and 14216.
Consideration And Approval Of A Request From The Jefferson County
Tax Assessor-Collector For The Waiver Of Penalties And Interest In The
Amount Of $87.04 On One Account For Eastern Star 8ap#'st Church (515
1~ Street)
Consideration And Approval Of Awarding A Bid To Southern Tire Mart Of
Beaumont, TX In The Estimated Amount Of $280,765.42 For Supplying
Tires And Tubes For The City's Rolling Equipment
Consideration And Approval Of Awarding A Bid To Philpott Ford Of
Nederland, TX (Through HGAC) in The Amount Of $378,572.84 For
Sixteen Police Vehicles
Consideration And Approval Of Payment To Gillespie's Engine Service Of
Port Arthur, TX In The Amount Of $15,849.43 For Repairs To A 2003
Volvo Residential Collection Truck (Equipment #1483) For The Public
Works Department (Solid Waste Division)
Consideration And Approval Of Awarding A Bid To Calabdan Corporation
Of Port Neches, TX In The Total Estimated Amount Of $44,490 For
Liquid Sodium Bisulfite For The Utility Operations Department
(Wastewater Treatment Division)
Consideration And Approval Of Repairs To The 62nd Street & Jade
Avenue Elevated Storage Tank By Water Tank Maintenance Services Of
Pasadena, TX In The Amount Of $7,400 For The Utility Operations
Department 0Nater Distribution Division)
Consideration And Approval Of The Purchase Of Two FlashCam-880
Vandalism Deterrent Systems From Q-Star Technology, LLC Of
Chatsworth, CA In The Amount Of $7,235 For The Police Department
City Cotmcil Minutes--Regular Meeting--July 19, 2007 5
Resolutions - Consent
(1)
P. R. No. 14207 - A Resolution Authorizing The City Manager To Do All
Things Necessary To Execute Settlement Of The Property Damage
Subrogation Claim In The Amount Of $25,715.00 Made Against
Southeastern Freight Lines
Proposed Resolution No. 14207 was adopted becoming Resolution No. 07- 273.
(3) P.R. No. 14209 - A Resolution Adopting A Uniform Tax Abatement Policy
Proposed Resolution No. 14209 was adopted becoming Resolution No. 07-274.
(4)
P. R. No. 14211 - A Resolution Authorizing Filing An Application With The
Federal Transit Administration For Funding For Port Arthur Transit
Proposed Resolution No. 14211 was adopted becoming Resolution No. 07-275.
(6)
P. R. No. 14218 - A Resolution Approving An Amendment To The FY
2007 Contract Between The City Of Port Arthur And The Department Of
State Health Services, Immunization Branch, Attachment 002B, As
Shown By Contract Change Notice No. 002B
Proposed Resolution No. 14218 was adopted becoming Resolution No. 07-276.
(7)
P. R. No. 14219 - A Resolution Approving A Memorandum Of
Understanding Between The City Of Port Arthur And The Medical Center
Of Southeast Texas To Serve As A Treatment Center Dispensing Site For
The Strategic National Stockpile (SNS)
Proposed Resolution No. 14219 was adopted becoming Resolution No. 07-277.
(8)
P. R. No. 14220 - A Resolution Approving A Memorandum Of
Understanding Between The City Of Port Arthur And Christus St Mary
Hospital Of Port Arthur, TX To Serve As A Treatment Center Dispensing
Site For The Strategic National Stockpile (SNS)
Proposed Resolution No. 14220 was adopted becoming Resolution No. 07-278.
(9)
P. R. No. 14221 - A Resolution Approving A Memorandum Of
Understanding Between The City Of Port Arthur And The Beaumont
Chapter Of The American Red Cross
Proposed Resolution No. 14221 was adopted becoming Resolution No. 07-279.
(10)
P. R. No. 14222 - A Resolution Approving A Memorandum Of
Understanding Between The City Of Port Arthur And Spindletop MHMR
Services
Proposed Resolution No. 14222 was adopted becoming Resolution No. 07-280.
VII. ITEMS REQUIRING INDIVIDUAL ACTION - CONSENT
(2)
P. R. No. 14208 - A Resolution Approving An Agreement With The Center
Of Academic Preparation To Higher Education, Inc. (CAPHE), For A
College Entrance Examination And College Preparation Summer
Program For The Benefit Of Port Arthur Youth
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made be Councilmember Henderson and seconded by Councilmember Prince
that Proposed Resolution No. 14208 be adopted.
Councilmember Henderson pointed out a typographical error on the first page of the agreement
to the above-mentioned Proposed Resolution. The word "hire" should be "higher".
City Cotmcil Minutes--Regular Meeting--July 19, 2007 6
First Assistant City Attorney Valecia Tizeno appeared before the City Council and stated that the
correction shall be made.
Proposed Resolution No. 14208 was adopted becoming Resolution No. 07-281.
Councilmembers Flood and Williamson were out-of-their-seats.
Councilmember Beard was absent.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson and Prince.
Voting No.: None.
The caption of Resolution No. 07-281 reads as follows:
RESOLUTION NO. 07-281
A RESOLUTION APPROVING AN AGREEMENT WITH THE
CENTER OF ACADEMIC PREPARATION TO HIGHER
EDUCATION, INC. (CAPHE), FOR A COLLEGE ENTRANCE
EXAMINATION AND COLLEGE PREPARATION SUMMER
PROGRAM FOR THE BENEFIT OF PORT ARTHUR YOUTH
(5)
P. R. No. 14216 -A Resolution Authorizing The City Manager To Execute
Change Order Two (02) To The Contract Between Pick Two Contractors,
Inc., Port Arthur, Texas And The City Of Port Arthur For The Northwest
Landfill Levee In The Amount Of $11,561 Increasing The Contract Total
To $130,311
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember Prince
the Proposed Resolution No. 14216 be adopted.
Assistant Public Works Director Ross Blackketter appeared before the City Council to explain
the purpose of the second change order to the contract. He discussed the scope of the work
and the erosion failure, along with the process of rebuilding the levy and other steps taken.
Proposed Resolution No. 14216 was adopted becoming Resolution No. 07-282.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Sinegal; Councilmembers Chatman, Jones,
Henderson and Prince.
Voting No.: None.
The caption of Resolution No. 07-282 reads as follows:
RESOLUTION NO. 07-282
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE CHANGE ORDER TWO (02) TO THE CONTRACT
BETWEEN PICK TWO CONTRACTORS, INC., PORT ARTHUR,
TEXAS AND THE CITY OF PORT ARTHUR FOR THE
NORTHWEST LANDFILL LEVEE IN THE AMOUNT OF $11,561
INCREASING THE CONTRACT TOTAL TO $130,311
(11)
P. R. No. 14223 - A Resolution Authorizing The Transfer Of $35,000 In
Community Development Block Grant (CDBG) Funding From Account
Number 105-1431-552.59-00 Project Number C32113 (City Of Port Arthur
Health Department) To Account Number 105-1431-552.11-00 Project
Number C32122 (Grants Administration) For The Grants Accountant's
Salary, And To Authorize Funding To Southeast Texas Interfaith
Organization (SETIO) In The Amount Of $45,000 From City Accounts
001-1003-512.59-00 M06005 And 106-1425-571.59-00 RITAFM
City Council Minutes--Regular Meeting--July 19, 2007 7
Councilmember Williamson was recused from any discussion or action on the above-mentioned
Proposed Resolution and filed a Conflict of Interest Affidavit with the City Secretary's Office.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Prince and seconded by Mayor Pro Tern Sinegal that
Proposed Resolution No. 14223 be adopted.
First Assistant City Attorney Val Tizeno appeared before the City Council to amend the above-
mentioned Proposed Resolution by adding a third and fourth paragraph to the Proposed
Resolution to include the following language:
The additional money of $45,000 being paid to SETIO shall be used only for the activities
denoted in Resolution No. 06-430.
SETIO should provide documentation that they have used the $45,000 as stated herein
and sign a resolution agreeing to the terms.
The motion was made by Councilmember Prince and seconded by Councilmember Chatman
that Proposed Resolution No. 14223 be amended with the above-mentioned language
recommended by the First Assistant City Attorney.
Planning/Zoning Director Dale Watson appeared before the City Council and discussed
components of the agreement involving work write-ups, case management/professional services
and electrical/p~umbing work.
The City Manager explained funding involving CDBG and general fund changes to increase
flexibility and productivity.
Proposed Resolution No. 14223 was adopted as amended becoming Resolution No. 07-283.
Voting Yes:
Mayor Ortiz; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson and Prince.
Voting No.: None.
The caption of Resolution No. 07-283 reads as follows:
RESOLUTION NO. 07-283
A RESOLUTION AUTHORIZING THE TRANSFER OF $35,000 IN
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING
FROM ACCOUNT NUMBER 105-1431-552.59-00 PROJECT NUMBER
C32113 (CITY OF PORT ARTHUR HEALTH DEPARTMENT) TO
ACCOUNT NUMBER 105-1431-552.11-00 PROJECT NUMBER C32122
(GRANTS ADMINISTRATION) FOR THE GRANTS ACCOUNTANT'S
SALARY, AND TO AUTHORIZE FUNDING TO SOUTHEAST TEXAS
INTERFAITH ORGANIZATION (SETIO) IN THE AMOUNT OF $45,000
FROM CITY ACCOUNTS 001-1003-512.59-00 M06005 AND 106-
1425-571.59-00 RITAFM
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT
A. Resolutions
(1)
P. R. No. 14090 - A Resolution Authorizing A License For The
Construction Of A Recreational Vehicle Park On 19.47 Acres Of Pleasure
Island
P. R. No. 14090 was held until later in the City Council meeting.
(2)
P. R. No. 14189 - A Resolution Approving A Nonexclusive Contract For
Professional Services As It Pertains To The Community Prosecution
Program And The Truth & Education Corporation
City Council Minutes--Regular Meeting--July 19, 2007 8
Councilmember Williamson returned to his seat in the City Council Chamber.
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion made by Councilmember Henderson, seconded by Councilmember Williamson
and carried unanimously, Proposed Resolution No. 14189 was adopted becoming Resolution No.
07-284.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Williamson and Prince.
Voting No.: None.
The caption of Resolution No. 07-284 reads as follows:
RESOLUTION NO. 07-284
A RESOLUTION APPROVING A NONEXCLUSZVE
CONTRACT FOR PROFESSZONAL SERVZCES AS ZT
PERTAI'NS TO THE COt4PlUNrrY PROSECUTZON
PROGRAM AND THE TRUTH & EDUCATZON
CORPORATZON
(3) P.R. No. 14206 - A Resolution Appointing Or Reappointing A Director Or
Directors To The City Of Port Arthur Section 4A Economic Development
Corporation
The Mayor introduced the above-mentioned Proposed Resolution.
The City Secretary read the following nomination of Councilmember Flood into the record:
Mrs. Kaprina Frank 3900 Turtle Creek Drive Port Arthur, TX 77642
The motion was made by Councilmember Williamson and seconded by Councilmember
Henderson that Proposed Resolution No. 14206 be adopted.
Proposed Resolution No. 14206 was adopted with the above-mentioned nomination becoming
Resolution No. 07-285.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Henderson, Williamson and Prince.
Voting No.: None.
The caption of Resolution No. 07-285 reads as follows:
RESOLU'r[ON NO. 07-285
A RESOLU'rZON APPOZNTZNG OR REAPPO]N'rZNG A
DlrRECTOR OR DZRECTORS TO THE cTrY OF PORT
ARTHUR SECTI'ON 4A ECONOMI'C DEVELOPIqENT
CORPORATZON
(4) P.R. No. 14213 - A Resolution Approving The Expenditure By The City Of
Port Arthur Section 4A Economic Development Corporation Of $52,000
For Training Funds And Stipends For Basic Safety Plus Training, NCCER
Construction Worker Training, Fire Guard Training, Scaffold Building
Training And Other Similar Training As Required Or Suitable For The
Industrial Business Expansion In Port Arthur
The Hayor introduced the above-mentioned Proposed Resolution.
City Council Minutes--Regular Meeting--July 19, 2007 9
The motion was made by Councilmember Henderson and seconded by Councilmember
Williamson that Proposed Resolution No. 14213 be adopted.
The City Manager commended the EDC Board and staff for their willingness to partner with the
city and provide funding to enable citizens to train and secure employment.
Proposed Resolution No. 14213 was adopted becoming Resolution No. 07-286.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Sinegal; Councilmembers Chatman, Jones,
Henderson, Williamson and Prince.
Voting No.: None.
The caption of Resolution No. 07-286 reads as follows:
RESOLUTION NO, 07-286
A RESOLU'I'ZON APPROVZNG THE EXPENDrrURE BY
THE CTrY OF PORT ARTHUR SECTZON 4A
ECONOMTC DEVELOPMENT CORPORATI'ON OF
$52,000 FOR TRATNTNG FUNDS AND s'rZPENDS FOR
BASTC SAFETY PLUS TRAINTNG, NCCER
CONSTRUCTZON WORKER TRAINTNG, FIRE GUARD
TRAINING, SCAFFOLD BUt'LDING TRAINING AND
OTHER SIMILAR TRAINING AS RE(~UIRED OR
SUTrABLE FOR THE INDUSTRZAL BUSINESS
EXPANSI'ON TN PORT ARTHUR
(5)
P. R. No. 14214 - A Resolution Approving The Payment Of An Invoice To
Excavators & Constructors, Ltd. In The Amount Of $96,384.10 And A
Time Extension Of Four Days For The Jade Avenue Extension
Construction Project At The City Of Port Arthur Section 4A Economic
Development Corporation Spur 93 Business Park
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Prince and seconded by Councilmember Williamson
that Proposed Resolution No. 14214 be adopted.
EDC CEO Floyd Batiste appeared before the City Council and discussed the four-day extension
until July 2 and said that no additional funds are involved.
Proposed Resolution No. 14214 was adopted becoming Resolution No. 07-287,
Voting Yes: Mayor Ortiz; Mayor Pro Tern Sinegal; Councilmembers Chatman, Jones,
Henderson, Williamson and Prince.
Voting No.: None.
The caption of Resolution No. 07-287 reads as follows:
RESOLUTION NO. 07-287
A RESOLU'rZON APPROVING THE PAYMENT OF AN
INVOICE TO EXCAVATORS & CONSTRUCTORS, LTD.
IN THE AMOUNT OF $96,384.:].0 AND A TI'ME
EXTENSION OF FOUR DAYS FOR THE lADE AVENUE
EXTENSION CONSTRUCTZON PRO3ECT AT THE CI'TY
OF PORT ARTHUR SECT?ON 4A ECONOt4ZC
DEVELOPMENT CORPORATZON SPUR 93 BUSINESS
PARK
City Council Minutes--Regular Meeting--July 19, 2007 10
6)
P. R. No. 1.4224 - A Resolution Approving The Invoice From The
Jefferson County Clerk's Election Division In The Amount Of $23,356.51
For The Costs Associated With The May 12, 2007 Joint Election
P. R. No. 14224 was held until after the Executive Session.
B. Ordinances
P. O. No. 5756 - An Ordinance As It Pertains To The Payment Approval
Process Of The City Of Port Arthur Section 4A Economic Development
Corporation
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. 5756 be adopted.
Finance Director Rebecca Underhill appeared before the City Council to respond to inquiries
regarding procedures involving the payment approval process for the Economic Development
Corporation. She said that the same restrictions are placed on the EDC Executive Officer as
placed on the City Manager' with a $5,000 discretionary limit if no exceptions are inserted; a
monitoring system is in place to ensure that the processes are in compliance. The Finance
Director commented that or)ce the contract is approved, progress payments do not have to
come back to the Council.
There were no exceptions discussed or formulated to place in Exhibit "A".
Councilmember Chatman was out-of-his-seat during the vote.
Proposed Ordinance No. 57!56 was adopted becoming Ordinance No. 07-38.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Sinegal; Councilmembers Jones,
Williamson and Prince.
Voting No: Councilmember Henderson
The caption of Ordinance Nc). 07-38 reads as follows:
ORDINANCE NO. 07
AN ORDINANCE AS IT PERTAINS TO THE PAYMENT
APPROVAL PROCESS OF THE CITY OF PORT ARTHUR
SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION
(2)
P. O. No. 575;7 - An Ordinance Authorizing The Sale Of The Land Located
At 4444 Highland Drive, Port Arthur, Texas, (Lot 10, Block 40, 0.235
Acres, Gdffin Park) Excluding The Lift Station And The 8 Feet By 93.77
Feet Parcel In The Amount Of $80
Councilmember Henderson recused himself from discussion or action on the above-mentioned
Proposed Ordinance and filed a Conflict of Interest Affidavit with the City Secretary's Office.
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Prince and seconded by Mayor Pro Tern Sinegal that
Proposed Ordinance No. 5757 be adopted.
Councilmember Chatman returned to his seat.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 5757:
Councilmember Chatman
Councilmember Jones
Counoilmember Prince
Mayor Pro Tem Sinegal
"No"
"No"
"No"
"No"
City Council Minutes--Regular Meeting--July 19, 2007 11
Councilmember Williamson "No"
Mayor Ortiz "No"
The motion to adopt Proposed Ordinance No. 5757 failed to carry.
(3) P.O. No. 5761 - An Ordinance Amending The Code Of Ordinances By
Adding A New Division 4 To Article II To Chapter 94, Approving An Adopt-
A-Street Program
Councilmember Henderson did not return to his seat during the discussion or vote.
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion made by Mayor Pro Tern Sinegal, seconded by Councilmember Chatman and
carried unanimously, Proposed Ordinance No. 5761 was adopted becoming Ordinance No. 07-
39.
Voting Yes:
Mayor Ortiz; Mayor Pro Tern Sinegal; Councilmembers Chatman, Jones,
Williamson and Prince.
Voting No: None.
The caption of Ordinance No. 07-39 reads as follows:
ORDINANCE NO. 07-39
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES BY ADDING A NEW DIVISION 4 TO
ARTICLE II TO CHAPTER 94, APPROVING AN ADOPT-
A-STREET PROGRAM
(4) P.O. No. 5762 - An Ordinance Amending Section 34-33 Of The Code Of
Ordinances As It Pertains To Litter
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion made by Mayor Pro Tern Sinegal, seconded by Councilmember Williamson
and carried unanimously, Proposed Ordinance No. 5762 was adopted becoming Ordinance No.
07-40.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Sinegal; Councilmembers Chatman, Jones,
Williamson and Prince.
Voting No: None.
The caption of Ordinance No. 07-40 reads as follows:
ORDINANCE NO. 07-40
AN ORDINANCE AMENDING SECTION 34-33 OF THE
CODE OF ORDINANCES AS IT PERTAINS TO LrFrER
The City Council recessed their meeting at 11:30 a.m. and reconvened their meeting at 1:38 p.m.
with the following members present: Mayor Ortiz; Councilmembers Chatman, Jones, Henderson,
Williamson and Prince; City Manager Fitzgibbons; City Secretary Green and City Attorney
Sokolow.
Mayor Pro Tern Sinegal did not return to the City Council meeting due to illness.
Councilmember Flood returned to the City Council meeting at 2:05 p.m.
City Council Minutes--Regular Meeting--July 19, 2007 12
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT (Continued)
A. Resolutions
(1)
P. R. No. 14090 - A Resolution Authorizing A License For The
Construction Of A Recreational Vehicle Park On 19.47 Acres Of Pleasure
Island
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Prince and seconded by Councilmember Chatman
that Proposed Resolution No. 14090 be adopted.
Mrs. Elizabeth Tran, Applicant, appeared before the City Council to answer inquiries regarding
the above-mentioned Proposed Resolution.
The City Attorney stated that he has not seen the agreement or the executive summary. He
explained that the Proposed Resolution is asking the City Council to approve converting the
Frisbee Golf Course into an RV Park. He added that the Pleasure Island Commission must have
City Council approval to sell land and to have an RV Park, based on the city's ordinances.
The City Attorney said that some clarification is needed regarding the agreements and the
purchase option.
Mr. Jimmy Dike, Director Pleasure Island Commission, appeared before the City Council and
said that he sent a letter to Planning/Zoning Director Dale Watson stating that the PIC wanted to
lease some property for the construction of an RV Park. He further added that the PIC is aware
that the city has to approve RV Parks.
Planning/Zoning Director Dale Watson appeared before the City Council and explained Planning
and Zoning Commission procedures for approval of RV Parks. He said that the prior process
involved submitting plans, specifications, and drawings necessary to assure compliance with the
ordinance once there was a proposed RV Park. At that point, it would go to the Planning and
Zoning Commission for compliance review. If all requirements of the RV Park Ordinance were in
compliance, it would be approved; if requirements were not met--it would be denied.
The Planning/Zoning Director added that the RV Park located near the Driftwood Motel resulted
in the Council passing an ordinance that increased the size from two to five acres and required
Council approval through a license or a vote by the City Council to approve the location for the
proposed park. He further discussed that only preliminary approval on the general layout of the
park was given--not final approval.
Mr. John Chirafis, Pleasure Island Commission Chairman, appeared before the City Council to
respond to the discussion on the above-mentioned Proposed Resolution. He stated that the
Pleasure Island Commission has the authority under what was granted to them by the citizens
to lease property or businesses. Mr. Chirafis added that the PIC is aware that it cannot sell
property without City approval, but that lease agreements do not have to be approved by the
City Council.
Mr. Chirafis also commented that Mm. Tran's proposal is seen as a possibility to develop the
Island--in addition to the RV Park that is to be done as a resort-type park. He reiterated that the
main thing requested is for Council approval to use the land for an RV Park.
Mrs. Elizabeth Tran stated that she has a vision for the RV Resort to be fenced in with palm
trees, bushes and flowers and to have a clubhouse with a general store. She added that there
would be a technology center, a UPS/FedEx Center, dry cleaning services, and a restaurant,
among other attractions. She described her proposal as "a mini-Kemah."
Utility Operations Director Kelly EIdridge, appeared before the City Council to address an
inquiry regarding the cost for extra sewer lines and the capacity of the lift station that serves
Pleasure Island. He said that the capacity was a hundred thousand gallons a day.
The City Attorney made the following recommendation to amend Proposed Resolution No.
14090:
City Council Minutes--Regular Meeting--July 19, 2007 13
It's to strike paragraph one, which says that the Pleasure Island Commission has
entered into a lease agreement with Pleasure Island RV Resort Corporation for the
construction of a recreational vehicle resort because that's not correct. And add in
paragraphs that say, so long as this determination is made by the Pleasure Island
Commission that the area has not been designated as a park prior to entering into any
/ease of the area; two, another paragraph-so long as no ss/e provision and no option to
purchase provision /s /n the agreement with this company the Pleasure Island RV
Resort Corporet/on without additional approval of the Ci(y Council; and the last one, so
long as final approval/s obtained from the P & Z, Planning and Zoning Commission, as
to the specifications as required by the code.
The motion was made by Councilmember Chatman and seconded by Councilmember Prince
that Proposed Resolution No. 14090 be amended with the above-mentioned language
recommended by the City Attorney.
The motion to amend Proposed Resolution No. 14090 carried unanimously.
The following roll call vote was taken on the motion to adopt Proposed Resolution No. 14090 as
amended:
Councilmember Chatman "Yes"
Councilmember Flood "No"
Councilmember Henderson "Yes"
Councilmember Jones "Yes"
Councilmember Prince "Yes"
Councilmember Williamson "Yes"
Mayor Ortiz "Yes"
Proposed Resolution No. 14090 was adopted as amended becoming Resolution No. 07-288.
The caption of Resolution No. 07-288 reads as follows:
RESOLUTION NO. 07-288
A RESOLUTION AUTHORIZING A LICENSE FOR THE
CONSTRUCTION OF A RECREATIONAL VEHICLE
PARK ON 19.47 ACRES OF PLEASURE ISLAND
C. *Reports And Recommendations
(1) Report Regarding Bond Issue Planning
The above-mentioned report was presented by Finance Director Rebecca Underhill. Mrs.
Underhili handed out copies of two memorandums. One dated June 18, 2007, regarding a
"Proposed Bond Election" and the other previously issued to Council dated April 18, 2007,
regarding a "Bond Election." She discussed that the City is not required to hold a bond election
and that Certificates of Obligation for public purposes can be issued with sufficient public notice,
to allow citizens the right to petition for an election. Mrs. Underhilt further stressed that to call a
General Obligation bond election, the City Council will have to order the election at least 62 days
and not more than 90 days prior to the uniform election date in November. The election should
be ordered in early August.
(2) Report Regarding Youth Empowerment Day
First Assistant City Attorney Valecia T/zeno appeared before the City Council and reported on
plans for Youth Empowerment Day. She reported that on Thursday, June 28, 2007, Reverend
Eugene Rivers, Boston, Massachusetts, would be at City Hall from 1:30 p.m. to 3:30 p.m. Judge
Greg Mathis is scheduled to speak at the Carl Parker Multi-Purpose Center on Lakeshore on
Thursday afternoon at 5:30 p.m.
(3) Report Regarding Street-Renaming Process
City Attorney Mark Sokolow reported on the street-renaming process in regards to the request
made to name a street in Sabine Pass after Travis Berg who was a fallen hero in Iraq.
City Council Minutes--Regular Meeting--July 19, 2007 14
Planning/Zoning Director Dale Watson distributed hand-outs regarding street-renaming
procedures.
VIII. REPORTS OF BOARDS & COMMITTEES
None
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting:
(1)
(2)
(3)
(4)
(5)
Section 551.072 Government Code - To Discuss The Value Of Land
Adjacent To The Civic Center And At City Hall Annex
Section 551.087 Government Code - To Discuss Incentive Agreements
For Incentives As To Commemial, Industrial, And Residential Business
Prospects
Section 551.071 Government Code - To Discuss With The City Attorney
Potential Litigation As It Pertains To Encroachments On The City's Utility
Lines And Easements
Section 551.071 Government Code - To Discuss With The City Attorney
Potential And Pending Litigation As It Pertains To Jefferson County And
Affiliated Entities
Section 551.072 Government Code - To Discuss The Value Of Land At
~.~.~.~. Highland Drive
The City Council recessed their meeting at 3:05 p.m. to meet in Executive Session to consider
the above-mentioned topics, and reconvened their meeting at 4:13 p.m. with the following
members present: Mayor Ortiz; Councilmembers Chatman, Jones, Henderson, Flood,
Williamson and Prince; City Manager Fitzgibbons; City Secretary Green and City Attorney
Sokolow.
(6)
P. R. No. 14224 - A Resolution Approving The Invoice From The
Jefferson County Clerk's Election Division In The Amount Of $23,356.51
For The Costs Associated With The May 12, 2007 Joint Election
The Mayor introduced the above-mentioned Proposed Resolution.
The City Attorney recommended that Proposed Resolution No. 14224 be amended by the
addition of the following language:
WHEREAS, there is an issue as to whether the Jefferson County Clerk should
be billing for her staff for 8 to 5, Monday through Friday.
Section 2....with a caveat that the Jefferson County Clerk should reimburse any
monies paid if there is a Secretary of State Opinion, Attorney General Opinion,
or Judicial Opinion that any portions of the bill should not have been charged.
The motion was made by Councilmember Williamson and seconded by Councilmember
Chatman that Proposed Resolution No.14224 be adopted as stated by the City Attorney.
Proposed Resolution No. 14224 was adopted becoming Resolution No. 07-289.
Voting Yes:
Mayor Ortiz; Mayor Pro Tern Sinegai; Councilmembers Chatman, Jones,
Henderson and Prince.
Voting No.: None.
The caption of Resolution No. 07-289 reads as follows:
RESOLUTION NO. 07-289
A RESOLUTION APPROVING THE INVOICE FROM THE
JEFFERSON COUNTY CLERK'S ELECTION DIVISION IN
THE AMOUNT OF $23,356.51 FOR THE COSTS
ASSOCIATED WITH THE MAY 12, 2007 JOINT
ELECTION
City Council Minutes--Regular Meeting--July 19, 2007 15
X. FUTURE AGENDAITEMS OR REQUESTED REPORTS
Councilmember Prince:
(1)
(2)
(3)
(4)
(5)
Report on the demolitions done through the SSBG grant fund.
Report on the graffiti on commercial property and plans for removal.
Report on recent hiring of City employees.
Request for information regarding who is responsible for the grass-cutting
at the Y.M.C.A.
Invited Council to go to the Public Library to see the landscaping.
Councilmember Williamson:
(1)
(2)
(3)
(4)
(5)
Review paint-over plans to assist with graffiti removal.
Update on the land north of 25th Street between Gulf & Ninth Avenue-
grass is too high; needs cutting.
Update on the quads--What happened to the quads?
Update from Police Department on recent crimes and crimes against the
elderly.
Request for information on timeline for cleaning the drainage on the
easement on Lake Arthur Drive.
Councilmember Henderson:
(1)
(2)
Request for resolution of Brittany Apartments problems.
Request for the speed sign north of the Library on 9th Avenue to have
more space between the 45 mile per hour and 30 mile per hour posted
signs to give drivers more time to react to the speed change and then
adjust their speed.
City Secretary Green read the following correspondence from Councilmember Beard into the
record at the request of Mayor Ortiz:
To the Mayor, Council and City Manager
Good Morning!
Due to illness' and the death of a family relative, I will be unable to attend today's
Council meeting. However, I respectfully request that the Mayor and Council
allow me the opportunity to express my opinion on the following item:
Item P.R. #14090: Proposed Pleasure Island RV Park
There are several issues of concern in considering approval of this item.
The City Charter specifies that the sale of park land (which the island, technically,
is a park) requires an election to approve the sale of park property.
City policy also requires the posting of advertisements for bids and request for
proposals when seeking parties to develop projects on city owned property. I
asked staff for information on the date when notice for bids or RFP's for this
project were posted, and they stated that none have been made.
Mr. Sokolow, is it legal for the city or the Pleasure Island Commission make this
type of agreement without complying with this policy? Can agreements be
entered into without public approval of the selling of city park property?
Having read the executive summary, I found there was no financial or specific
contractual information regarding the lease agreement and sale of the proposed
19 acres. If there is a contract, has it been reviewed by the staff or the Manager?.
What was/is their opinion?
At the June 5th meeting, Council stated its desire to have a joint meeting with the
PIC, to discuss ongoing island issues, and to build consensus on the direction
and working relationship between both parties. To date, there has been no
City Council Minutes--Regular Meeting--July 19, 2007 16
meeting, planned or scheduled. The City Manager also sent a memo to the
Council in response to its request to work with the PIC in studying the sale of
revenue bonds to finance Island projects. His memo stated that it would not be
cost effective for the PIC to issue revenue bonds. He pointed out that before any
future projects involving the Island's land assets be initiated, a land use study be
undertaken. He further expressed his concern that development could place the
City in a position of liability for providing city services, and the associated
personnel, facility and equipment cost, estimated in the millions of dollars.
It is no secret that the Council and citizens greatly desire to see the Island
become a sustainable asset for the recreational use of our citizens, and others
who so desire. Yet what impact would this proposed RV park have on the quality
of life and future development? The proposed location of the RV park is currently
the location of the Frisbee Gold Course, which has been home to local and
national tournaments, and is recognized as one of the top Frisbee golf venues in
the county.
This location is also adjacent to the site set aside by the PIC for a future
amusement/water park. While it is appropriate that we try to assist industry in
housing workers on projects in the short term, we must use this opportunity to
improve our housing stock, and as a means of providing infrastructure for future
neighborhoods. Industry has paid a premium, "turn-key bid", to house these
workers, and they should work with the city to meet the housing and growth
needs of both, in areas where it is beneficial, feasible and makes the highest,
best use of available land.
This proposed RV Park project leaves much to be considered, many questions
unanswered.
I respectfully request that we table this item until we have more complete
financial information; a review of contract specifics; engage in a joint land use
study with the PIC, and resolve legal issues surrounding the proper disposition of
park property for sale.
Respectfully submitted for the record,
John Beard, Jr.
Councilman, District 5
Xl. ADJOURNMENT OF MEETING
Upon the motion of Councilmember Prince, seconded by Councilmember Jones and carried
unanimously, the City Council adjourned their meeting at 4:28 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.
ATTEST:
MAYOR
CITY SECRETARY EVANGELINE GREEN
END OF REGULAR MEETING HELD June 19, 2007. APPROVED:
City Council Minutes--Regular Meeting--July 19, 2007 17