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HomeMy WebLinkAboutAPRIL 2, 2002REGULAR MEETING--April 2, 2002 I. ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, April 2, 2002 at 8:30 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, Robert A. Bowers and Robert Allen; City Manager Steve Fitzgibbons; Acting City Secretary Jan Stroder and City Attorney Mark Sokolow. The invocation was given by Councilmember Henderson followed by the pledge to the flag. II. PROCLAMATIONS & MINUTES The Mayor issued the following Proclamations: (1) April 1-30, 2002: "Fair Housing Month and Community Development Block Grant Month" (2) April 1-30, 2002: "Sexual Assault Awareness Month" (3) April 20-28, 2002: "The Great Texas Birding Classic Week" Councilmember Rose Chaisson arrived at the meeting at 8:45 a.m. Minutes - Regular Meeting Held March 19, 2002 Upon the motion of Councilmember Henderson, seconded by Mayor Pro Tem Barker, and carried unanimously, the City Council approved the above-mentioned Minutes. III. PETITIONS & COMMUNICATIONS A. Mayor & City Manager - Presentation Of 2001 Employee Service Awards Dr. Albert Thigpen, Assistant Director of Human Resources, appeared before the City Council and presented awards to City employees with twenty or more years of service. Councilmember Tom Gillam arrived at the meeting at 8:57 a.m. B. Speakers (l) Alfred Dominic Regarding Conclusion To Discrimination Analysis Mr. Alfred Dominic, 145 W. 15th Street, appeared before the City Council and concluded his presentation of the above-mentioned subject. (2) Ernestine Wade And Albert Thigpen Regarding 5th Annual Health And Wellness Conference The following appeared before the City Council and spoke in regards to the 5TM Annual Health and Wellness Conference: Health Director Ernestine Wade Mrs. Janet Hamilton, Lamar State College-Port Arthur Assistant Human Resources Director Dr. Albert Thigpen C. Correspondence Certifications Of Acting City Secretary Regarding Candidates For General Election Of May 4, 2002. The Acting City Secretary submitted the following Certifications: CERTIFICATION OF ACTING CITY SECRETARY This is to certify that the following candidates have duly filed with this office to be placed on the Ballot of the City of Port Arthur General Election to be held on May 4, 2002: FOR COUNClLMEMBER DISTRICT 1 Craig Andre Hannah Jack Benny Chatman, Jr. Felix Ameal Barker 729 West Ninth Street 3148 Eighth Street FOR COUNCILMEMBER DISTRICT 2 4711 Fifth Street FOR COUNCILMEMBER DISTRICT 3 Thomas Jefferson Henderson Donna Ann Worthington 4436 Forest Drive 2839 Las Palmas FOR COUNCILMEMBER DISTRICT 4 Tom Gillam, III Gerald Jay Trahan 216 - 17th Street 2861 Highway 365 FOR COUNCILMEMBER POSITION 7 Rose Mitchell Chaisson 2230 - 12th Street FOR COUNCILMEMBER POSITION 8 Robert Earl Allen Michael Shane Sinegal 4111 Big Bend 3139 - 34th Street GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1st day of April, 2002. (SEAL) ISI Jan Stroder Jan Stroder Acting City Secretary City of Port Arthur, Texas CERTIFICATION OF ACTING CITY SECRETARY I, the undersigned, do hereby certify that I am the Acti?.= City Secretary of the City of Port Arthur and am the authority responsible for having the official ballot prepared for the May 4, 2002 General Election. I further certify that the following candidates are unopposed for the election to the offices of Councilmember District 2 and Councilmember Position 7 and that there is no proposition on the ballot. District 2 Councilmember: Felix Ameal Barker 2 Position 7 Councilmember: Rose Mitchell Chaisson GIVEN UNDER MY HAND AND SEAL OF OFFICE this the Ist day of April, 2002. Isl Jan Stroder. Jan Stroder, Acting City Secretary City of Port Arthur, Texas VI. CONSENT AGENDA Upon the motion of Councilmember Henderson, seconded by Councilmember Allen, and carried unanimously, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 11708, 11715 and 11718: A. Consideration And Approval Of Awarding A Bid For The Purchase Of One 1/2-Ton Pickup To Triangle Chevrolet, Through HGAC, In The Amount Of $14,816.33 For Animal Control. .B. Consideration And Approval Of Awarding A Bid For The, Purchase Of One Microwave Video Camera System To NS Microwave In The Amount Of $8,022 For The Police Department (Criminal Investigation Division). C. Approval Of Expense Accounts: Councilmember Rose Mitchell Chaisson: Use Of Personal Auto On City Business, February - March, 2002 $200.00 Resolutions - Consent (1) P. R. No. 11694 - A Resolution Authorizing The City Manager To Execute A Food Service Contract With Moncla's Catering For Box Lunches At A Cost Of $1.825 Per Box Lunch In The Approximate Amount Of $t66,713.75 For The Delivery Of Lunches To The Summer Food Program. This Amount Is Reimbursable From The Department Of Human Services Summer Food Service Agreement. Account No. 001-1402- 551.99-00. Proposed Resolution No. 11694 was adopted becoming Resolution No. 02-84. (2) P. R. No. 11695 - A Resolution Authorizing The City Manager To Submit An Application To The Texas Department Of Human Services (TDHS) Summer Food Service Program For The Purpose Of Providing Meals To The Summer Recreation Program Participants At The Programs Elementary Schools. Proposed Resolution No. 11695 was adopted becoming Resolution No. 02-85. (3) P. R. No. 11706 - A Resolution Authorizing The City Manager To Make Application To The U. S. Department Of'Housing And Urban Development For A Community Development Block Grant In The Amount Of $1,901,000 And A Grant For $562,000 In Home Funds And Authorizing The City Manager To Execute The City Of Port Arthur's 2002 Consolidated Annual Plan. The Consolidated Plan Will Be Submitted To The U. S. Department Of Housing And Urban Development. Proposed Resolution No. 11706 was adopted becoming Resolution No. 02-86. (4) P. R. No. 11707 - A Resolution Authorizing The Mayor And City Manager To Execute Change Orders No. 1, 2, 3, 4, 5, 6 And Final To The Contract Dated July 24, 2001 Between The City Of Port Arthur And SeTEX Construction Corporation Of Beaumont, Texas For The Construction Of The Boardwalk Phase II, Increasing The Contract Amount By $6,893 From $280,000 To A New Contract Total Of $286,893, Authorizing The City Manager To Execute A Certificate Of Acceptance For The Work And Authorizing Final Payment Of $14,344.65; Funding Being Available In FY 2002 Account No. 301-1601- 591.89-00, CIP No. 101. Proposed Resolution No. 11707 was adopted becoming Resolution No. 02-87. (6) P.R. No. 11711 - A Resolution Authorizing The City's Director Of Finance To Execute An Update Form For The Public Utility Commission, As It Pertains To The Amount Of Revenues The City Will Receive And As It Pertains To Their Allocation Of Rates For Residential, Non-Residential And Point To Point Customers. Proposed Resolution No. 11711 was adopted becoming Resolution No. 02-88. (7) P. R, No. 11712 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. Proposed Resolution No. 11712 was adopted becoming Resolution No. 02-89. (8) P. R. No. 11714 - A Resolution Authorizing The Purchase Of Flood Coverage Through Omaha Property And Casualty Insurance Company In The Amount Of $40,131 Per Annum. Proposed Funding By: General Liability Insurance Fund: 61- 1702-581.52-00 Proposed Resolution No. 11714 was adopted becoming Resolution No. 02-90. V. UNFINISHED BUSINESS None IV. PUBLIC HEARINGS - 9:00AM None VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent Resolutions (s) P. R. No. 11708 - A Resolution Terminating The Contract For Janitorial Services At City Hall And City Hall Annex Buildings Between The City Of Port Arthur And CCAP, Inc. DBA San- Serve Building Services, Authorizing Staff To Advertise For Bids For A New Contract, And Authorizing San-Serve Building Services To Continue Cleaning Operations Until A New Contract Is In Effect. Finding Is Available In The FY 2002 Budget, Account No. 001-1206-531.32-00. The Mayor introduced the above-mentioned Resolution. The motion was made by Councilmember Bowers and seconded by Councilmember Allen that Proposed Resolution No. 11708 be adopted. 4 Public Works Director Leslie McMahen appeared before the City Council and explained the guidelines of performance bonds on non-construction contracts. Proposed Resolution No. 11708 was adopted, becoming Resolution No. 02-91. Voting Yes: Mayor Ortiz; Mayor Pro Tern Barker; Councilmembers Hannah, Henderson, Gillam, Bowers, Chaisson and Allen. Voting No: None. The caption of Resolution No. 02-91 reads as follows: RESOLUTION NO. 02-91 A RESOLUTION TERMINATING THE CONTRACT FOR JANITORIAL SERVICES AT CITY HALL AND CITY HALL ANNEX BUILDINGS BETWEEN THE CITY OF PORT ARTHUR AND CCAP, INC. DBA SAN-SERVE BUILDING SERVICES, AUTHORIZING STAFF TO ADVERTISE FOR BIDS FOR A NEW CONTRACT, AND AUTHORIZING SAN-SERVE BUILDING SERVICES TO CONTINUE CLEANING OPERATIONS UNTIL A NEW CONTRACT IS IN EFFECT. FINDING IS AVAILABLE IN THE FY 2002 BUDGET, ACCOUNT NO. 001-1206-531.32-00. (9) P. R. No. 11715 - A Resolution Approving An Amendment (Attachment 5) To The Contract Between The City Of Port Arthur And Texas Department Of Health To Increase The Financial Assistance By $61,314 For Additional Tobacco And Control Activities. The Mayor introduced the above-mentioned Resolution. The motion was made by Councilmember Gillam and seconded by Councilmember Bowers that Proposed Resolution No. 11715 be adopted. Health Director Ernestine Wade appeared before the City Council and explained the application process, funding and allocation of financial assistance for the Tobacco and Control Activities. Proposed Resolution No. 11715 was adopted becoming Resolution No. 02-92. Voting Yes: Mayor Orfiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson, Gillam, Bowers, Chaisson and Allen. Voting No: None. · The caption of Resolution No. 02-92 reads as follows: RESOLUTION NO. 02-92 A RESOLUTION APPROVING AN AMENDMENT (ATTACHMENT 5) TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND TEXAS DEPARTMENT OF HEALTH TO INCREASE THE FINANCIAL ASSISTANCE BY $61,314 FOR ADDITIONAL TOBACCO AND CONTROL ACTIVITIES. (10) P. R. No. 11718 - A Resolution Authorizing The City Manager To Execute Agreements To Do Two Traffic Feasibility Studies, One For The Proposed Stilwell Boulevard Closure At Lakeshore Drive (Account No. 302-1603-591.86-00; ClP 806) And One For The Proposed Highway 365 At Spur 93 Overpass (Account No. 301-1601-591.54-00; ClP 101) in An Amount Not To Exceed $15,000 Each. (Requested By City Manager) The Mayor introduced the above-mentioned Resolution. The motion was made by Councilmember Gillam and seconded by Councilmember Bowers that Proposed Resolution No. 11718 be adopted. Public Works Director Leslie McMahen appeared before the City Council and discussed issues regarding the overpass and highway widening projects. Proposed Resolution No. 11718 was adopted becoming Resolution No. 02-93. Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson, Gillam, Bowers, Chaisson and Allen. Voting No: None. The caption of Resolution No. 02-93 reads as follows: RESOLUTION NO. 02-93 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS TO DO TWO TRAFFIC FEASIBILITY STUDIES, ONE FOR THE PROPOSED STILWELL BOULEVARD CLOSURE AT LAKESHORE DRIVE (ACCOUNT NO. 302-1603-591.86-00; CIP 806) AND ONE FOR THE PROPOSED HIGHWAY 365 AT SPUR 93 OVERPASS (ACCOUNT NO. 301-1601-591.54-00; CIP 101) IN AN AMOUNT NOT TO EXCEED $15,000 EACH. (REQUESTED BY CITY MANAGER) A= (1) Resolutions--Non-Consent P. R. No. 11705 - A Resolution Confirming The Appointment Of Mary. Martinez As A Member Of The City Of Port Arthur Firemen's And Poiicemen's Civil Service Commission. The Mayor introduced the above-mentioned Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember Bowers and carried, Proposed Resolution No. 10972 was adopted, becoming Resolution No. 02-94. Voting Yes: Mayor Ortiz; Mayor Pro Tern Barker; Councilmembers Hannah, Henderson, Gillam, Bowers, Chaisson and Allen. Voting No: None. The caption of Resolution No. 02-94 reads as follows: RESOLUTION NO. 02-94 A RESOLUTION APPOINTMENT OF MEMBER OF THE CONFIRMING THE MARY MARTINEZ AS A CITY OF PORT ARTHUR FIREMEN'S AND POLICEMEN'S CIVIL SERVICE COMMISSION. (2) P.R. No. 11709 - A Resolution Appointing/Reappointing Members To The Beautification Commission. The Mayor introduced the above-mentioned Resolution. Proposed Resolution No. 11709 was adopted, becoming Resolution No. 02-95. Voting Yes: Mayor Ortiz; Mayor Pro Tern Barker; Councilmembers Hannah, Henderson, Gillam, Bowers, Chaisson and Allen. Voting No: None. The caption of Resolution No. 02-95 reads as follows: RESOLUTION NO. 02-95 A RESOLUTION MEMBERS TO COMMISSION. APPOINTING/REAPPOINTING THE BEAUTIFICATION The following were appointed to the Beautification Commission for a two-year term effective April 2, 2002: (4) District 2 District 3 District 4 District 5 District 6 Position 7 Position 8 Mayor Tim Norman Bob Bodin Rose Grado John Powell Sharon Adams Levi Adams Mary Senegal Aletha Kirkwood C. L. (Pete) Hutson Carol Briesch Doris Guyden Corinne Hachbold P. R. No. 11713 - A Resolution Authorizing The City Of Port Arthur To Accept A Donation Of Two Thousand Dollars ($2,000) Donated By Motiva Enterprises, LLC. The Mayor introduced the above-mentioned Resolution. The motion was made by Councilmember Gillam and $o.~onded by Councilmember Allen that Proposed Resolution No. 11713 be adopted. Assistant Chief of Police Col. Mark Blanton appeared before the City Council and stated that the donation would be allocated to purchase two body armor vests for the Swat Team. Proposed Resolution No. 11713 was adopted, becoming Reso ution No. 02-96. Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson, Gillam, Bowers, Chaisson and Allen. Voting No: None. The caption of Resolution No. 02-96 reads as follows: RESOLUTION NO. 02-96 A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR TO ACCEPT A DONATION OF TWO THOUSAND DOLLARS ($2,000) DONATED BY MOTIVA ENTERPRISES, LLC. (5) P. R. No. 11717 - A Resolution Appointing Members To The Citizen's Pipeline Advisory Committee. The Mayor introduced the above-mentioned Resolution. Proposed Resolution No. 11717 was adopted, becoming Resolution No. 02-97. Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson, Gillam, Bowers, Chaisson and Allen. Voting No: None. The caption of Resolution No. 02-97 reads as follows: RESOLUTION NO. 02-97 A RESOLUTION APPOINTING MEMBERS TO THE CITIZEN'S PIPELINE ADVISORY COMMITTEE. The following were appointed to the Citizen's Pipeline Advisory Committee for three- year terms to expire on the first day of November after each member has served three years: Position 1 Position 2 Position 3 Position 8 Position 9 Cai Jones Louis Miller Harrison Hill Bobby Durham Alfred Dominic B. Ordinances P. O. No. 5252 - An Ordinance Amending The Election Order For The General Election Of May 4, 2002 And Declaring Unopposed Candidates Elected For District 2 And For Position 7, And Deleting The Sabine Pass Port Authority As A Participant In The Joint Election. The City Manager introduced the above-mentioned Ordinance. Upon the motion of Councilmember Allen, seconded by Councilmember Bowers, and carried, Proposed Ordinance No. 5252 was adopted, becoming Ordinance No. 02-16. 'Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson, Gillam, Bowers, Chaisson and Allen. Voting No: None. The caption of Ordinance No. 02-16 reads as follows: ORDINANCE NO. 02-16 AN ORDINANCE AMENDING THE ELECTION ORDER FOR THE GENERAL ELECTION OF MAY 4, 2002 AND DECLARING UNOPPOSED CANDIDATES ELECTED FOR DISTRICT 2 AND FOR POSITION 7, AND DELETING THE SABINE PASS PORT AUTHORITY AS A PARTICIPANT IN THE JOINT ELECTION. C. *Reports And Recommendations Report From Texas Workforce Commission (Requested By Councilmember Chaisson) Councilmember Chaisson stated the following for the record: "1 never believed that our unemployment rate was as high as they say it is. When they take a certain percentage of the census of how many people live in the city and break that in half and say that is the labor force. Supposedly, take how many people are employed and divide the larger number into the smaller number to come up with unemployed. It boggles my mind. I talked with Mr. Brown yesterday and he explained this procedure to me and from what I understand from Texas Work Force local office, they are getting ready to do a pilot program in this area, in order to try to get this corrected as far as getting more accurate numbers. Because · people are still under the assumption with all of the economic boom in this, area that we still have a high unemployment rate. I'm not convinced that this is a true actual picture of our unemployment and I think that they're working on trying to correct that, according to the local work force that I spoke with this morning. The report is good reading and you did a lot of work on it. Thank you." Planner II Paul Brown presented the above-mentioned mpc,t,. (2) Report On Status Of Service Zone (Requested By Councilmember Gillam) Planner II Paul Brown appeared before the Council and presented the above-mentioned report. Utility Operations Director Dan Shepherd appeared before the City Council and discussed the utility taps. VIII. REPORTS OF BOARDS & COMMITTEES None IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: H) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation Pertaining '1-o Bates Vs. Louviere. (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation Against Greg Cook, Julie Cook And Pro Metal. The City Council recessed their meeting at 10:17 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 10:40 a.m. with the following members present: Mayor Ortiz; Mayor Pro Tern Barker; Councilmembers Hannah, Henderson, Gillam, Bowers, Chaisson and Allen; City Manager Fitzgibbons; Acting City Secretary Stroder and City Attorney Sokolow. VII. ITEMS REQUIRING INDIVIDUAL ACTION (3) P. R. No. 11710 - A Resolution Authorizing The City Manager And The City Attorney's Office To Do All Things Necessary To Execute The Settlement Of The City's Intervention In Cause No. A-162,921; Linda Bates Vs. Norris Louviere. The Mayor introduced the above-mentioned Resolution. The motion was made by Councilmember Allen and seconded by Councilmember Henderson that Proposed Resolution No. 11710 be adopted. Proposed Resolution No. 11710 was adopted, becoming Resolution No. 02-98 City Attorney Mark Sokolow stated the settlement would be the Rule Eleven Agreement filed with the courthouse on March 28, 2002 where the City will receive settlement funds of $31,812.87. Voting Yes: Mayor Ortiz; Mayor Pro Tern Barker; Cou~cilmembers Hannah, Henderson, Gillam, Bowers, Chaisson and Allen. Voting No: None. The caption of Resolution No. 02-98 reads as follows: RESOLUTION NO. 02-98 A RESOLUTION AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY'S OFFICE TO DO ALL THINGS NECESSARY TO EXECUTE THE SETTLEMENT OF THE CITY'S INTERVENTION IN CAUSE NO. A-162,921; LINDA BATES VS. NORRIS LOUVIERE. X. FUTURE AGENDAITEMS OR REQUESTED REPORTS Councilmember Bowers: bu,,u,lgs. Schedule air-conditioning inspection of city ' "' Mayor Pro Tem Barker: Comparison of ambulance service insurance rates with other cities. Xl. ADJOURNMENT OF MEETING Upon the motion of Councilmember Allen, seconded by Councilmember Gillam and carried unanimously, the City Council adjourned their meeting at 10:45 a.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: ACTING CITY SECRETARY END OF REGULAR MEETING HELD April 2, 2002. APPROVED: