HomeMy WebLinkAboutFEBRUARY 5, 2002REGULAR MEETING - February 5, 2002
I. ROLL CALL, INVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday,
February 5, 2002 at 8:30 o'clock A.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; Acting City Secretary Jan Stroder and City Attorney Mark T. Sokolow.
The invocation was given by Mayor Pro Tem Barker, followed by the pledge to the flag.
II. PROCLAMATIONS & MINUTES
The Mayor issued a Proclamation proclaiming February 3-9, 2002 as "Cardiac
Rehabilitation Week".
Minutes - Regular Meeting Held January 22, 2002
Upon'the motion of Councilmember Allen, seconded by Councilmember Linden, and
carried unanimously, the City Council approved the above-mentioned Minutes.
Special Meeting Held January 15, 2002
Upon the motion of Councilmember Henderson, seconded by Councilmember Allen,
and carried unanimously, the City Council approved the above-mentioned Minutes.
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Alfred Dominic Regarding Discrimination Concerns
Alfred Dominic, 145 West 15th Street, appeared before the City Council and discussed
the above-mentioned topic.
(2)
Pat Avery, Linda Spears, And Verna Rutherford Regarding
Work Force Development
Pat Avery, Linda Spears, Beverly Thornton and Verna Rutherford appeared before the
City Council and discussed work force development.
Lakrisha Johnson, 1102 E. Carver Terrace, and Desiree Edwards, 1212 Carver
Terrace, employees through the work experience program, appeared before the City
Council and testified to the positive impact of the Work Force Committee on their lives.
(3)
Cindy Fertitta, March Of Dimes, Regarding Presentation To
City Council And PAIN Baseball Team
Cindy Fertitta, Representative of the March of Dimes, Earl Cashmere Softball
Coach, and Dr. Albert Thigpen, Interim Parks and Recreation Director, appeared
before the City Council and presented an overview of the 1st Annual P.A.I.N. City
of Port Arthur Softball Tournament held July, 2001 and extended appreciation to
all city personnel that were involved.
Councilmember Gillam left the meeting.
B. Correspondence
None
IV. PUBLIC HEARINGS - 9:00AM
Receive Public Comment On A Request By Samedan Oil Corporation
For A Permit To Conduct Drilling Operations On Lot 1, Block 16,
Range "P" PALCO (Located Approximately 4,500 Feet West Of West
Port Arthur Road, North Of Hwy. 365).
Planning Director Dale Watson appeared before the City Council and outlined the area
proposed for drilling.
Mr. James Fenner, 3311 Richmond, Houston, TX, agent for Samedan Oil Corp.,
appeared before the City Council and spoke regarding the proposed drilling operations.
Mr. Harrison Hill, 621 Gizele, appeared before the City Council and expressed his
concerns regarding the safety and protection of citizens in the Montrose area during
drilling operations.
Mr. Jesse Ballou, Sr., 849 W. 14th Street, appeared before the City Council and
questioned if there was to be angle drilling at the proposed drilling site.
Planning Director Dale Watson appeared before the City Council and stated that four (4)
letters had been received in support of the proposed drilling permit.
Upon the motion of Councilmember Allen, seconded by Councilmember Bowers, and
carried unanimously, the City Council closed the Public Hearing at 9:45 a.m.
V. UNFINISHED BUSINESS
Resolution
P. R. No. 11618 - A Resolution Authorizing The 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 above-mentioned Resolution was held until after Executive Session.
Ordinance
P. O. No. 5199 - An Ordinance Adding A New Sub-Section 114-33 (c)
To The Code Of Ordinances As It Pertains To Emergency Medical
Vehicles And An Alternate To The $50,000 Per Year Annual Fee That
Is Charged To A Company.
The above-mentioned Ordinance was held until a report is received regarding this issue.
VI. CONSENT AGENDA
Upon the motion of Councilmember Bowers, seconded by Councilmember Henderson,
and carried unanimously, the following Consent Agenda items were adopted with the
exception of Proposed Resolution No. 11637:
A=
Consideration And Approval Of Payment To AMF Materials
And Transport Of Port Arthur, Texas In The Amount Of
$8,476.35 For Two Invoices For Concrete Rubble Material
Needed At The City's Landfill For Roadway Maintenance
During Recent Inclement Weather.
Consideration And Approval Of Payment For Emergency
Repairs To A 1994 Caterpillar D-7H Dozer (Equipment #1107)
To Mustang Tractor & Equipment, Inc. Of Beaumont; Texas In
The Amount Of $53,358.25 For The Public Works Department
(Solid Waste Division).
Consideration And Approval Of Awarding A Bid For The
Purchase Of One Self-Priming Sewage Pump To Service Pump
& Compressor Of Beaumont, Texas In The Amount Of $9,780
For The Utility Operations Department (W~=tewater Treatment
Division).
Dm
Consideration And Approval Of Awarding A Bid For The
Purchase Of Fifteen Portable Radios With Accessories To
Motorola (Under The H-GAC Contract) In The Amount Of
$42,545.75 For The Police Department.
Consideration And Approval Of Payment To Partnership Of
Southeast Texas (POST) For Fiscal Year 2002 In The Amount
Of $12,900.
F. Approval Of Expense Accounts:
Councilmember Rose Mitchell Chaisson:
Use Of Personal Auto On City Business,
November - December, 2001-
$200.00
Councilmember Bob Bowers:
Use Of Personal Auto On City Business,
January, 2002
$ 48.9t
Resolutions - Consent
(1)
P. R. No. 11592 - A Resolution Authorizing The City Manager
Of The City Of Port Arthur To Execute A New Industrial District
Agreement With Motiva Enterprises, LLC.
Proposed Resolution No. 11592 was adopted, becoming Resolution No. 02-28.
(2)
P. R. No. 11635 - A Resolution Renewing Mowing Contracts
Between The City Of Port Arthur And M. D. Arena For Groups
"A, C, D And G" In The Amount Not To Exceed $35,344.00;
Sandra J. Guilbeau Enterprises For Group "E" Not To Exceed
$3,888.00; Hauck For Group "F" In The Amount Not To Exceed
$8,512; Said Annual Contracts Are For Mowing Various City
Properties, Parks And Right-Of-Ways In The City; Estimated
Annual Cost $47,744. Proposed Funding: Parks Division FY
2002 Budget Account No. 001-1207-531.31-00.
Proposed Resolution No. 11635 was adopted, becoming Resolution No. 02-29.
(4)
P. R. No. 11641 - A Resolution Authorizing The Mayor To
Execute An Encroachment Agreement Between The City Of
Port Arthur And Ahmad Hendiana And Wife Monirosadat Mir
Afzali Pertaining To A Certain Ten-Foot Wide Utility Easement
Across The Rear Of Lot 8, Block 1, Lake Arthur Manor, Located
At 4401 Stevewood Drive, Port Arthur, Texas.
Proposed Resolution No. 11641 was adopted, becomir~g Resolution No. 02-30.
(5)
P. R. No. 11644 - A Resolution Awarding And Authorizing The
Execution Of Mowing Contracts Between The City Of Port
Arthur And Perfect Cut Lawn Care, Beaumont, Texas 77706;
Groups "B" And "H" Not To Exceed $11,430.00; Said Annual
Contract Is For Mowing Various City Properties, Parks And
3
Right-Of-Ways in The City; Estimated Annual Cost $1J ,430.00.
Proposed Funding: Parks Division FY 200112002 Budget
Account No. 001-1207-531.31.00.
Proposed Resolution No. 11644 was adopted, becoming Resolution No. 02-31.
(6)
P. R. No. 11646 - A Resolution Authorizing Publication Of
Notice Of Intention To Issue $5,000,000 In Certificates Of
Obligation.
Proposed Resolution No. 11645 was adopted, becoming Resolution No. 02-32.
(7)
P. R. No. 11653 - A Resolution Authorizing A Six-Month
Extension Of The Contract For Janitorial Services To
Professional Maid Service Of Nederland, Texas For A Total
Amount Of $4,980 For The Port Arthu~ .Health Department
Clinical Complex, Account No. 001-1301-541.32-00.
Proposed Resolution No. 11653 was adopted, becoming Resolution No. 02-33.
· (8)
P. R. No. 11654 - A Resolution Approving Sewer Adjustments ,
To Certain Utility Accounts.
Proposed Resolution No. 11654 was adopted, becoming Resolution No. 02-34.
(9)
P. R. No. 11655 - A Resolution Authorizing The City Manager
To Execute Five Contracts Between Little League
Organizations And The City Of Port Arthur And Two Contracts
Between The Girl's Softball League Organization And One
Contract Between The Latin American Baseball League And
The City Of Port Arthur For The Use Of City Baseball Fields
This Spring.
Proposed Resolution No. 11655 was adopted, becoming Resolution No. 02-35.
(10)
P. R. No. 11656 - A Resolution Postponing The Issuance Of
$17,000,000 City Of Port Arthur, Texas Tax And Revenue
Certificates Of Obligation, Series 2002B.
Proposed Resolution No. 11656 was adopted, becoming Resolution No. 02-36.
(11)
P. R. No. 11657 - A Resolution Authorizing The City Manager
To Execute An Interlocal Agreement As It Pertains To The
Pawned Property Information Systems.
Proposed Resolution No. 11657 was adopted, becoming Resolution No. 02-37.
(12)
P. R. No. 11658 - A Resolution Authorizing The City Manager
To Execute An Escrow Agreement With The Chase Manhattan
Bank For The Proceeds Of The Sale Of Certificates To Be
Invested In Tex Pool.
Proposed Resolution No. 11658 was adopted, becoming Resolution No. 02-38.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
Resolutions - Consent
(3)
P. R. No. 11637 - A Resolution Authorizing The Mayor Of The
City Of Port Arthur To Execute A License-To-Use Agreement
Between The City Of Port Arthur And Our Lady Of Guadalupe
Catholic Church Pertaining To A Portion Of The Dedicated
4
The Church At 3648 Adams Drive.
The Mayor introduced the above-mentioned Resolution.
The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem
Barker that Proposed Resolution No. 11637 be adopted.
The City Manager summarized the proposed license-to-use agreement pertaining to the
portion of the dedicated right-of-way of Lucian Adams Drive adjacent to Our Lady of
Guadalupe Church.
Public Works Director Leslie McMahen appeared before the City Council and outlined
the above-mentioned property on an overhead map and spoke regarding Proposed
Resolution No 11637.
The motion was made by Councilmember Linden and seconded by Councilmember
Bowers that Proposed Resolution No. 11637 be tabled.
The following roll call vote was taken on the motion
11637:
Councilmember Allen "Yes"
Mayor Pro Tem Barker "Yes"
Councilmember Bowers "Yes"
Councilmember Chaisson "Yes"
Councilmember Hannah "Yes"
Councilmember Henderson "Yes"
Councilmember Linden "Yes"
Mayor Ortiz "Yes"
The motion to table Proposed Resolution No. 11637 carried.
Councilmember Gillam returned to the meeting.
(1)
to table Proposed Resolution No.
Resolutions
P. R. No. 11643 - A Resolution Pertaining To The BOSS
Conference And Funding By The Economic Development
Corporation.
The Mayor introduced the above-mentioned Resolution.
The motion was made by Councilmember Bowers and seconded by Councilmember
Linden that Proposed Resolution No. 11643 be adopted.
Interim EDC Director Ike Mills appeared before the City Council and spoke regarding
the BOSS Program.
Discussion was held regarding Proposed Resolution No. 11643.
Upon the motion of Councilmember Linden, seconded by Councilmember Bowers, and
carried over the dissenting vote of Mayor Pro Tern Barker, Proposed Resolution No.
11643 was removed from the agenda.
(2)
P. R. No. 11646 - A Resolution Authorizing The City Attorney
And The City Manager To Initiate Condemnation Proceedings
To Acquire Property In Order To Widen West 7th Street From
Grannis Avenue To Houston Avenue (Account No. 301-1601-
591.81.00 CIP 909}.
Proposed Resolution No. 11646 was held until after Executive Session.
(3) P.R. No. 11652 - A Resolution Authorizing The City Manager
To Execute A Change Order With H-GAC And Motorola, Inc.,
As It Pertains To The CentraCom Gold Elite System In The
Amount Of $4,436.75. Account No. LLEBG 01-112-t101-521.92-
00.
Proposed Resolution No. 11652 was held until after Executive Session.
B. Ordinances
(1) P.O. No. 6240 - An Ordinance Authorizin~l The Advertisement
For Sale Of A Building Located At 2700 Gulfway Drive, Port
Arthur, Texas.
The City Manager introduced the above-mentioned Ordinance.
Upon the motion of Councilmember Bowers, seconded by Councilmember Henderson,
and carried, Proposed Ordinance No. 5240 was adopted, becoming Ordinance Ne. 02-
04.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Barker; Councilmembers Hannah, Henderson,
Gillam, Linden, Bowers, Chaisson, and Allen.
Voting No: None.
The caption of Ordinance No. 02-04 reads as follows:
ORDINANCE NO. 02-04
(2)
AN ORDINANCE AUTHORIZING THE
ADVERTISEMENT FOR SALE OF' 'A BUILDING
LOCATED AT 2700 GULFWAY DRIVE, PORT
ARTHUR, TEXAS.
P. O. No. 6241 - An Ordinance Authorizing The Issuance Of
$16,000,000 City Of Port Arthur, Texas Tax And Revenue
Certificates Of Obligation, Series 2002A.
The City Manager introduced the above-mentioned Ordinance.
The motion was made by Councilmember Bowers a;3d seconded by Councilmember
Henderson that Proposed Ordinance No. 5241 be adopted.
Finance Director Becky Underhill appeared before the City Council and explained the
purpose of the proposed ordinance.
Mr. Joe Morrow, Financial Advisor, appeared before the City Council and outlined the
rate offered by the Texas Water Development Board.
Proposed Ordinance No. 5241 was adopted, becoming Ordinance NO. 02-05.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson,
Gillam, Linden, Bowers, Chaisson and Allen.
Voting No: None.
The caption of Ordinance No. 02-05 reads as follows:
ORDINANCE NO. 02-05
AN ORDINANCE AUTHORIZING THE ISSUANCE
OF $15,000,000 CITY OF PORT ARTHUR, TEXAS
TAX AND REVENUE CERTIFICATES OF
OBLIGATION, SERIES2002A.
C. *Reports And Recommendations
(1)
Presentation Of Comprehensive Annual Financial Report For
The Year Ending September 30, 2001
Finance Director Rebecca Underhill presented the above-mentioned report.
Mr. Gayle Botley, Auditor, appeared before the City Council and outlined the
auditor's opinion on financial statements and commended City staff on their
efficient and dedicated services.
Upon the motion of Councilmember Allen, seconded by Bowers, and carried
unanimously, the City Council received the Annual Comprehensive Financial
Report as a matter of record.
(2) December, 2001 Financial Report
Finance Director Rebecca Underhill presented the above-mentioned report.
(3)
Updated Report On Receipt Of Fees From Ambulance
Companies (Requested By Councilmember Gillam)
Councilmember Linden stated for the record that the quarterly payments of
$12,500 due from GoldStar EMS on August 15, 2000, February 15, 2001 and
August 15, 2001 were paid on November 19, 2001.
(4) Report On Collection Of Ambulance Franchise Fees
(Requested By Councilmember Linden)
Councilmember Linden stated for the record that payment from Goldstar was
made upon the City's insistence that they comply with their agreement.
(5) Report Providing A Summary Of Oral Information Presented
By All Ambulance Service Companies In Port Arthur
(Reque. sted By Councilmember Linden)
Councilmember Linden presented the above-mentioned report and requested
additional information regarding the ambulance service companies.
The City Council recessed their meeting at 11:15 a.m. and reconvened at 11:25
a.m. with the following members present:: Mayor Ortiz; Mayor Pro Tern Barker;
Councilmembers Hannah, Henderson, Gillam, Linden, Bowers, Chaisson, and
Allen; City Manager Fitzgibbons; Acting City Secretary Stroder and City Attorney
Sokolow.
(6)
Report On Comparable Economic Development Corporation
Cities And Their Loan Process (Requested By Councilmember
Allen)
Planner II Paul Brown presented the above-mentioned report.
Discussion was held regarding the survey of EDC incentives in comparable size
Texas cities.
Report on Port Arthur Pedestrian Trail, Phase 2, Enhancement
Program
Planning Director Dale Watson presented the above-mentioned report.
The City Council recessed their meeting at 11:53 a.m. and reconvened at 1:30
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; Acting City Secretary Stroder and City Attorney
Sokolow.
VIII. REPORTS OF BOARDS & COMMITTEES
None
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meetin.q:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Section 551.071 Government Code - To Discuss With The City
Attorney Pending Litigation Of Frank Vs. Heil Company, Et Al.,
nd
Cause No. E-159,760, 172 Judicial District.
Section 551.071 Government Code - To Discuss With The City
Attorney Prospective Litigation With Motorola.
Section 551.072 Government Code - To Discuss The Value Of
Land On The West Side As To Widen West 7th Street.
Section 551.072 Government Code - To Discuss The Value Of
Land Behind 648 Stadium Road.
Section 551.071 Government Code - To Discuss With The City
Attorney Prospective Litigation With Mr. Rice.
Section 551.074 Government Code To Discuss The
Appointment Of A New City Secretary.
Section 551.087 Government Code - TO Discuss Economic
Incentives As It Pertains To Commercial Retail Prospects.
(Requested By Mayor Ortiz)
The City Council recessed their meeting at 1:32 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 3:55 p.m. with
the following members present: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers
Henderson, Gillam, Linden, Bowers, and Chaisson; City Manager Fitzgibbons; Acting
City Secretary Stroder and City Attorney Sokolow.
V. UNFINISHED*BUSINESS
Resolution
P.R. 11618 - A Resolution Authorizing The 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 Bowers, seconded by Councilmember Henderson,
and carried over the dissenting vote of Councilmember Linden, Proposed Resolution
No. 11618 was adopted, becoming Resolution No. 02-39.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Henderson, Gillam,
Bowers, and Chaisson.
Voting No: Councilmember Linden.
The caption of Resolution No. 02-39 reads as follows:
RESOLUTION NO. 02-39
A RESOLUTION AUTHORIZING THE 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, ETAL.
Ordinance
P.O. No. 5199 - An Ordinance Adding A New Sub-Section 114-33(c)
To The Code Of Ordinances As It Pertains To Emergency Medical
Vehicles And An Alternate To The $50,000 Per Year Annual Fee That
Is Charged To A Company.
The City Manager introduced the above-mentioned Ordinance.
Upon the motion of Councilmember Gillam, seconded by Mayor Pro Tem Barker, and
carried over the dissenting vote of Councilmember Linden, Proposed Ordinanc~ No.
5199 was tabled.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
A. Resolutions
(2)
P.R. No. 11646 - A Resolution Authorizing The City Attorney And
The City Manager To Initiate Condemnation Proceedings To Acquire
Property In Order To Widen West 7th Street From Grannis Avenue To
Houston Avenue (Account No. 301-1601-591.81.00 CIP 909)
The Mayor introduced the above-mentioned Resolution.
Upon the motion of Councilmember Bowers, seconded by Councilmember Henderson,
and carried over the dissenting votes of Councilmembers Gillam and Linden, Proposed
Resolution No. 11646 was adopted, becoming Resolution No. 02-40.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Henderson, Bowers
and Chaisson.
Voting No: Councilm~mbers Gillam and Linden.
The caption of Resolution No. 02-40 reads as follows:
RESOLUTION NO. 02-40
A RESOLUTION AUTHORIZING THE CITY ATTORNEY
AND THE CITY MANAGER TO INITIATE CONDEMNATION
PROCEEDINGS TO ACQUIRE PROPERTY IN ORDER TO
WIDEN WEST 7TM STREET FROM GRANNIS AVENUE TO
HOUSTON AVENUE (ACCOUNT NO. 301-1601-591.81.00
CLP909)
(3)
P.R. No. 11652 -A Resolution Authorizing The City Manager
To Execute A Change Order With H-GAC And Motorola, Inc.
As It Pertains To The CentraCom Gold Elite System In The
Amount Of $4,436.75. Account No. LLEBG01-112-1101-521.
92-00.
The Mayor introduced the above-mentioned Resolution.
Upon the motion of Councilmember Bowers, seconded by Councilmember Linden, and
carried unanimously, Proposed Resolution No. 11652 was adopted, becoming
Resolution No. 02-41.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Barker; Councilmembers Henderson, Gillam,
Linden, Bowers, and Chaisson.
Voting No: None.
The caption of Resolution No. 02-41 reads as follows:
RESOLUTION NO. 02-41
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A CHANGE ORDER WITH H-GAC AND MOTOROLA, iNC, AS IT
PERTAINS TO THE CENTRACOM GOLD ELITE SYSTEM IN THE
AMOUNT OF $4,436.76. ACCOUNT NO. LLEBG01-112-1101-521.92-00
X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Councilmember Linden:
City Manager to consider recognition of African-American police officers during
Black History Month
Councilmember Henderson:
Written communication regarding use of patrol cars by police officers during off-
hours and travel outside city.
Councilmember Bowers:
Statement to be presented at next meeting relative to Our Guadalupe Church.
XI. . ADJOURNMENT OF MEETING
Upon the motion of Councilmember Henderson, seconded by Councilmember Bowers,
and carried unanimously, the City Council adjourned their meeting at 4:10 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
ACTING CITY SECRETARY
END OF REGULAR MEETING HELD February 5, 2002. APPROVED:
10