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Home My WebLink AboutJANUARY 22, 2002REGULAR MEETING - January 22, 2002 I. ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, January 22, 2002 at 5:30 o'clock P.M. in the City Council Chamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Mayor Pro Tern Felix Barker;' Councilmembers Craig Hannah, Tom Henderson, Tom Gillam, III, Rev. Ronnie Linden, Robert A. Bowers Rose Mitchell Chaisson and Robert Allen; City Manager Steve Fitzgibbons; City Secretary Carolyn Dixon and City Attorney Mark T. Sokolow. The invocation was given by Councilmember Linden, followed by the pledge to the flag. II. PROCLAMATIONS & MINUTES The Mayor presented the following Proclamations: (1) (2) February 2- 9, 2002: "Scouting For Food Week" February 15, 2002: "Kappa Alpha Psi Day" Minutes - Regular Meeting Held January 8, 2002 Upon the motion of Councilmember Bowers, seconded by Mayor Pro Tern Barker, and carried unanimously, the City Council approved the above-mentioned Minutes. III. PETITIONS & COMMUNICATIONS A. Speakers (1) Gerald Como Regarding Certain Taxi Contracts Within The City - NOT PRESENT (2) James Fedrick Regarding Property Damages At 238 Gulfway Drive Mr. James Fedrick, 530 Nashville, appeared before the City Council and stated that the problem regarding the damages to his property had not yet been resolved. He further requested that the City provide written communication concerning his complaint. B. Correspondence Receipt Of Comprehensive Annual Financial Report, City Of Port Arthur, For The Year Ending September 30, 2001 The City Council received the above-mentioned Report. IV. PUBLIC HEARINGS - 7:00PM None V. UNFINISHED BUSINESS P. R. No. 11618 - A Resolution Authorizing Thc City Manager And City Attorney To Do All Things Necessary To Execute The Settlement Of The City's Subrogation Claim In Cause No. E-'159, 760 Made Against The Hell Company And Freightliner Corporation, Et Al. The Mayor introduced the above-mentioned Resolution. Upon the motion of Councilmember Allen, seconded by Councilmember Linden, and carried unanimously, Proposed Resolution No. 11618 was tabled. VI. CONSENTAGENDA Upon the motion of Councilmember Allen, seconded by Councilmember Linden, and carried unanimously, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 11627, 11628, and Items A. and B.: Consideration And Approval Of Awarding A Bid For The Purchase Of One Rotary 60,000 Pound Heavy-Duty Vehicle Wheel Lift To Southeast Texas Automotive Equipment Of Beaumont, Texas In The Amount Of $32,910 For The Transit Department. Consideration And Approval Of Awarding A Bid For The Purchase Of Eleven Computers, Twelve Monitors And Twenty- Three Operating Systems For A Computer Up-Grade To Equus Computer Systems Of Richardson, Texas In The Amount Of $10,816 For The Fire Department. Ee Consideration And Approval Of Awarding A Bid For The Purchase Of One Pierce 1500 GPM Pumper (To Be Located At Station #6 On Memorial Boulevard) To The Houston Galveston' Area Council In The Amount Of $283,991 For The Fire Department. Consideration And Approval To Reject A;i Bids Received For The Purchase Of Eight Light Industrial Treadmills For The Fire Department's Cardiovascular Improvement Program. Consideration And Approval Of Payment To The Texas Natural Resource Conservation Commission (TNRCC) Water System Fee In The Amount Of $8,565.62. H. Approval Of Expense Accounts: Councilmember Craig Hannah: Use Of Personal Auto On City Business, November- December, 2001 $200.00 City Secretary Carolyn Dixon: Attend Secretary Of State Election Law Seminar, November 28 - 30, 2001 $ 567.44 Assistant City Secretary Jan Stroder: Attend Secretary Of State Election Law Seminar, November 28 - 30, 2001 $ 584.24 City Attorney Mark T. Sokolow: Use Of Personal Auto On City Business, December 28, 2001 - January 14, 2002 $ 34.44 Resolutions - Consent H) P. R. No. 11606 - A Resolution Authorizing The City Manager To Apply For Funds Under The State Of Texas, Office Of The Governor, Criminal Justice Division, Juvenile Accountability Incentive Block Grant Program In The Amount Of $30,276 To Continue Developing And Utilizing A Juvenile Accountability Tracking Database System. Proposed Resolution No. 11606 was adopted, becoming Resolution No. 02-16. (4) P.R. No. 11629 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. Proposed Resolution No. 11629 was adopted, becoming Resolution No. 02-17. (s) P. R. No. 11630 - A Resolution Approving Change Order No. One To The Contract Between The City Of Port Arthur And D&W Contractors, Inc., Related To The Repair And Painting Of The Procter Street Extension Elevated Water Tank In The City Of Port Arthur, Texas. (Decreases The Contract Amount By $10,900). Account No. 419-1622-531.85-00; Project No. 419102. Proposed Resolution No. 11630 was adopted, becoming Resolution No. 02-18. (6) P. R. No. 11632 - A Resolution Authorizing The Transfer Of $3,937.00 In Community Development Block Grants (CDBG) Funding From Account Number 105-1431-562.59-00 Project #C27140 Unprogrammed Account To Account Number 105- 1431-552.59-00 Project #C27133, Care Community Homes, Inc., For The Installation Of A Sprinkler System. Proposed Resolution No. 11632 was adopted, becoming Resolution No. 02-19. (7) P. R. No. 11633 - A Resolution Which Would Authorize The Payment Of $9,000 For Additional Services As It Relates To The Architectural Services Contract For The Coastal BanclHealth Department Renovation Between The City Of Port Arthur And The LaBiche Architectural Group, Inc., For Work Associated With The Replacement Of The Two Rooftop Chiller Units At The Health Department (Coastal Banc). Funds Are Available In Account No. 301-1601-591.82-00, CIP 170. Proposed Resolution No. 11633 was adopted, becoming Resolution No. 02-20. (8) P. R. No. 11636 - A Resolution Approving Tile Submittal Of A Grant Application To The South East Texas Regional Planning Commission For A Compost Bin Project In The Amount Of $15,000; Funding Would Be From Grant Funds From The Texas Natural Resources Conservation Commission Administered By The South East Texas Regional Planning Commission. Proposed Resolutio'n No. 11636 was adopted, becoming Resolution No. 02-21. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consideration And Approval Of Payment For Emergency Repairs To A 1996 Ford F-350 1-Ton Service Truck (Equipment #1207) To Energy Country Ford Of Port Arthur, Texas In The Amount Of $7,300 For The Equipment Services Department. The Mayor introduced the above-mentioned Item. Upon the motion of Councilmember Bowers, seconded by Councilmember Allen, and carried unanimously Item A was adopted. B= Consideration And Approval Of Awarding A Bid For Repairs To A 2000 Ford Crown Victoria (Police Patrol Car #1381) To Energy Country Ford Of Port Arthur, Texas In The Amount Of $5,415.54 For The Police Department. The Mayor introduced the above-mentioned Item. The motion was made by Councilmember Bowers and seconded by Councilmember Allen that Item B be adopted. Chief of Police John Tyler appeared before the City Council and discussed the accident that caused damage to the police car. The motion to adopt Item B carried unanimously. Consent - Resolutions (2) P. R. No. 11627 - A Resolution Authorizing The Executive Director Of The Port Arthur Economic Development Corporation To Execute An Agreement Between The EDC And Southeast Texas Wheel Works, Inc., That Will Provide Port Arthur Citizens With An Upgraded Propeller Repair/Fabrication Facility, With A Grant Therefor In The Amount Of $150,000. The Mayor introduced the above-mentioned Resolution. The motion was made by Councilmember Allen and seconded by Councilmember Linden that Proposed Resolution No. 11627 be adopted. Interim EDC Executive Director Ike Mills appeared before the City Council and presented an overview of the proposed propeller repair/fablication facility. Mr. Steven Beard and Mr. Joseph Beard, Co-Owners of Southeast Texas Woodworks appeared before the City Council and outlined the skilled training that will be provided to employees. The motion was made by Councilmember Linden and seconded by Councilmember Hannah that Proposed Resolution No. 11627 be amended by deleting "for the twelve persons to be hired" from the following paragraph: THAT the company shall certify that it will create new jobs that pay at least 90% of the average weekly wage for Jefferson County as provided by Section 38 of Article 5190 .6 V.T.C.A. and whereas the PAEDC shall not pay more than one-half the actual cost of the job training for the twelve persons to be hired. The motion to amend Proposed Resolution No. 11627 carried unanimously. Proposed Resolution No. 11627 was adopted as amended, becoming Resolution No. 02-22. Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmember Hannah, Henderson, Gillam, Linden, Bowers, Chaisson and Allen. Voting No: None. The caption of Resolution No. 02-22 reads as follows: RESOLUTION NO. 02-22 A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION TO EXECUTE AN AGREEMENT BETWEEN THE EDC AND SOUTHEAST TEXAS WHEEL WORKS, INC., THAT WILL PROVIDE PORT ARTHUR CITIZENS WITH AN UPGRADED PROPELLER 4 REPAIR/FABRICATiON FACILITY, WITH A GRANT THEREFOR IN THE AMOUNT OF $150,000. (3) P. R. No. 11628 - A Resolution Authorizing The Executive Director Of The Port Arthur Economic Development Corporation To Execute An Agreement Between The Port Arthur Section 4A Economic Development Corporation And Tres Caballeros, Ltd., That Will Build A Food Products Manufacturing Facility At Port Arthur, Texas In The Amount Of $300,000 And A Loan For $200,000. The Mayor introduced the above-mentioned Resolution. The motion was made by Councilmember Linden and seconded by Councilmember Bowers that Proposed Resolution No. 11628 be adopted. Mr. Eric Larson, 24245 Wilderness Oak, Apartment Number 1311, San Antonio, Texas, general partner of Tres Caballeros, Ltd., appeared before the City Council and discussed the proposed business venture to build a food products manufacturing facility. Proposed Resolution No. 11628 was adopted, becoming Resolution No. 02-23. Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson, Gillam, Linden, Bowers, Chaisson and Allen. Voting No: None. The caption of Resolution No. 02-23 reads as follows: RESOLUTION NO. 02-23 A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION TO EXECUTE AN AGREEMENT BETWEEN THE PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND TRES CABALLEROS, LTD., THAT WILL BUILD A FOOD PRODUCTS MANUFACTURING FACILITY AT PORT ARTHUR, TEXAS IN THE AMOUNT OF $300,000 AND A LOAN FOR $200,000. A. Resolutions P. R. No. 11614 - A Resolution Authorizing The Mayor To Execute A Contract With Carolyn Dixon As A Consultant On Election Matters And On Other Areas Pertaining To The Office Of The City Secretary. (2) P. R. No. 11615 - A Resolution Pertaining To The Appointment Of An Acting City Secretary. (Requested By The Mayor) (3) P. R. No. 11638 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With SABINA Petrochemicals, Inc., BASF Corporation, Inc., And ATOFINA Petrochemicals, Inc. (5) P.R. No. 11642 - A Resolution Pertaining To The Appointment Of A New City Secretary. (Requested By Councilmembers Hannah, Chaisson And Gillam). The above-mentioned Resolutions were held until after Executive Session. (4) P, R, No. 11639 - A Resolution Requesting Congressman Lampson's Assistance As It Pertains To National Oceanic Atmospheric Administration And Their Sale And Development Of Property In Port Arthur. (Requested By Mayor) The Mayor introduced the above-mentioned Resolution. Upon the motion of Councilmember Bowers, seconded by Councilmember Linden, and carried, Proposed Resolution No. 11639 was adopted, becoming Resolution No. 02-24. Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson, Gillam, Linden, Bowers, Chaisson and Allen. Voting No: None. The caption of Resolution No. 02-24 reads as follows: RESOLUTION NO. 02-24 A RESOLUTION REQUESTING CONGRESSMAN LAMPSON'S ASSISTANCE AS IT PERTAINS TO NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION AND THEIR SALE AND DEVELOPMENT OF PROPERTY IN PORT ARTHUR. (REQUESTED BY MAYOR) B. Ordinances P. O. No. 5238 - An Ordinance Abandoning, Vacating And Relinquishing A Portion Of The Lakeshore Drive Right-Of-Way North Of The "Eyebrow" In The 1500-1700 Block To Lamar State College And Providing The Effective Date Of This Ordinance. The City Manager introduced the above-mentioned Ordinance. The motion was made by Councilmember Bowers and seconded by Councilmember Allen that Proposed Ordinance No. 5238 be adopted. Planning Director Dale Watson appeared before the City Council and outlined the portion of Lakeshore referred to in the proposed resolution. Proposed O~inanceNo. 5238 was adop~d, becoming O~inance No. 02-03. Voting Yes: Mayor Ortiz; Mayor Pre Tern Barker; Councilmembers Hannah, Gillam, Henderson, Linden, Bowers, Chaisson and Allen. Voting No: None. The caption of Ordinance No. 02-03 reads as follows: RESOLUTION NO. 02-03 AN ORDINANCE ABANDONING, VACATING AND RELINQUISHING A PORTION OF THE LAKESHORE DRIVE RIGHT-OF-WAY NORTH OF THE "EYEBROW" IN THE 1500-1700 BLOCK TO LAMAR STATE COLLEGE AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE. C. *Reports And Recommendations (1) Report On Completion Of Street Repairs On Thomas Boulevard (Requested By Councilmember Chaisson) No oral report was given. (2) Report On BOSS 2002 Conference (Requested By Councilmember Gillam) The City Attorney presented the written report. (3) November, 2001 Financial Report Finance Director Rebecca Underhill presented the above-mentioned report. (4) Report On Ambulances And Alternatives To The Permit Fee (Requested By Councilmembere Bowers, Allen And Henderson) Councilmember Henderson presented the above-mentioned report. (5) Report On CDBG Application Review Process Planning Director Dale Watson presented the above-mentioned report. The City Council scheduled a CDBG Application Review Meeting to be held in the City Council Chamber, City Hall on Tuesday, February 5, 2002 at 4:00 o'clock p.m. VIII. REPORTS OF BOARDS & COMMITTEES None IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed MeetinR: (1) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation With Motorola (2) Section 551.071 Government Code - To Discuss With The City Attorn. ey Prospective Litigation With Southern Union Gas (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Gerald Hatch (4) Section 551.087 Government Code - To Discuss Economic Incentives As It Pertains To The Butadiene Project To Be Constructed By SABINA, BASF And ATOFINA (5) Section 551.074 Government Code - To Discuss The Appointment Of An Acting City Secretary And Her Duties. (Requested By Mayor Ortiz) (6) Section 551.074 Government Code - To Discuss The Appointment Of A City Secretary (Requested By Councilmembers Hannah, Chaisson And Gillam) The City Council recessed their meeting at 7:16 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 8:42 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tern Barker; Councilmembers Hannah, Henderson, Gillam, Linden, Bowers, Chaisson and Allen; City Manager Fitzgibbons; City Secretary Dixon and City Attorney Sokolow. 7 VII. ITEMS REQUIRING INDIVIDUAL ACTION - (CONTINUED) (3) P. R. No. 11638 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With SABINA Petrochemicals, Inc., BASF Corporation, Inc., And ATOFINA Petrochemicals, Inc. The Mayor introduced the above-mentioned Resolution. Upon the motion of Councilmember Bowers, seconded by Councilmember Henderson, and carried, Proposed Resolution No. 11638 was adopted, becoming Resolution No. 02-25. Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson, Gillam, Linden, Bowers, Chaisson and Allen. Voting No: None. The caption of Resolution No. 02-25 reads as follows: RESOLUTION NO. 02-25 A RESOLUTION -AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH SABINA PETROCHEMICALS, INC., BASF CORPORATION, INC., AND ATOFINA PETROCHEMICALS, INC. (2) P. R. No. 11615 - A Resolution Pertaining To The Appointment Of An Acting City Secretary. (Requested By The Mayor) The Mayor introduced the above-mentioned Resolution. Upon the motion of Councilmember Bowers, seconded by Councilmember Henderson, and carried, Proposed Resolution No. 11615 was adopted, becoming Resolution No. 02-26. Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson, Gillam, Linden, Bowers and Allen. Voting No: Councilmember Chaisson. The caption of Res(~lution No. 02-26 reads as follows: RESOLUTION NO. 02-26 A RESOLUTION PERTAINING TO THE APPOINTMENT OF AN ACTING CITY SECRETARY. (REQUESTED BY THE MAYOR) (1) P. R. No. 11614 - A Resolution Authorizing The Mayor To Execute A Contract With Carolyn Dixon As A Consultant On Election Matters And On Other Areas Pertaining To The Office Of The City Secretary. The Mayor introduced the above-mentioned Resolution. The motion was made by Councilmember Bowers and seconded by Councilmember Henderson that Proposed Resolution No. 11614 be adopted. Councilmember Allen read the following terms of the propcced contract into the record: "This contract authorizes Professional to act as a consultant relative to the General Elections in the City of Port Arthur to be conducted in May, 2002 and provide such consultation services for and to the Acting City Secretary, Jan Stroder, as pertains to the office of the City Secretary. The compensation of Professional shall be $7,298.00 dollars a month ($42.11 per hour). Carolyn Dixon will be reimbursed at the rate of 36.5 cents per mile for mileage attendant to the performance of said contract, with expenses not to exceed $150 per month. The main duties of the Consultant in addition to what's already stated is she will assist in the training of her replacement as a permanent City Secretary and she will spend time necessary to carry out City Election of May of 2002. This contract may be canceled by either party with a 30-day notice." The following roll call vote was taken on the motion to adopt Proposed Resolution No. 11614: Councilmember Allen Mayor Pro Tern Barker Councilmember Bowers Councilmember Chaisson Councilmember Gillam Councilmember Hannah Councilmember Henderson Councilmember Linden Mayor Ortiz "Yes" "Yes" "Yes" "No" "Yes" "Yes" "Yes" "Yes" "Yes" Proposed Resolution No. 11614 was adopted, becoming Resolution No. 02-27. The caption of Resolution No. 02-27 reads as follows: RESOLUTION NO. 02-27 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH CAROLYN DIXON AS A CONSULTANT ON ELECTION MATTERS AND ON OTHER AREAS PERTAINING TO THE OFFICE OF THE CITY SECRETARY. The Mayor named the committee (Mayor Ortiz,. Councilmember Linden and Councilmember Allen) to review, evaluate and recommend applicants for the position of City Secretary and outlined the hiring and appointment process. (s) P. R. No. 11642 - A Resolution Pertaining To The Appointment Of A New City Secretary. (Requested By Councilmembers Hannah, Chaisson And Gillam). The Mayor introduced the above-mentioned Resolution. Upon the motion of Councilmember Gillam, seconded by Councilmember Chaisson, and carried unanimously, Proposed Resolution No. 11642 was removed from the agenda. X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Councilmember Gillam: (1) A resolution for consideration at the next City Council meeting regarding funding of a BOSS Conference in the area. (2) Status report on receipt of quarterly payments from Goldstar Ambulance Service and use of those funds for a proposed project on the west side. Councilmember Allen: (1) Resolution outlining alternatives to the quarterly ambulance fees. (2) A survey of 4A and 4B Economic Development Corporations in comparable Texas cities regarding their loan process/guidelines. Councilmember Linden: City Secretary prepare a synopsis report of ambulance representatives who appeared before the Council and the nature of their presentation. (2) Legal department provide a report of the procedures and efforts used to collect quarterly fees from the ambulance services. (3) Finance Department furnish a payment schedule regarding ambulance fees rendered. Xl. ADJOURNMENT OF MEETING Upon the motion of Councilmember Henderson, seconded by Councilmember Allen, and carried unanimously, the City Council adjourned their meeting at 9:55 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 ATTEST: CITY SECRETARY END OF REGULAR MEETING HELD January 22, 2002. APPROVED: ]0