HomeMy WebLinkAboutAPRIL 30, 2002REGULAR MEETING--April 30, 2002
I. ROLL CALL, INVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, April 30,
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 A. Barker; Councilmembers Craig
Hannah, Tom Henderson, Tom Gillam, II1., Robert A. Bowers, Rose Mitchell Chaisson
and Robert E. Allen; City Manager Steve Fitzgibbons; Acting City Secretary Jan Stroder
and City Attorney Mark Sokolow. _
The invocation was given by Mayor Ortiz followed by the pledge to the flag.
II. PROCLAMATIONS & MINUTES
The Mayor presented the following Proclamations:
(1) May 6-12, 2002: "Nurses Week"
(2) May4-12, 2002: "NationalTourism Week"
(3) Hay 9, 2002: "Port Arthur Neighborhood Action Council
Day"
Minutes - Regular Meeting Held April 16, 2002
Upon the motion of Councilmember Allen, seconded by Mayor Pro Tem Barker, and
carried unanimously, the City Council approved the above-mentioned minutes.
III. PETITIONS &COMMUNICATIONS
A. Speakers
None
B. Correspondence
None
The City Council recessed their meeting at 8:54 a.m. and reconvened at 9:03 a.m. with
the following members present: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers
Hannah, Henderson, Gillam, Bowers and Allen; City Manager Fitzgibbons; Acting City
Secretary lan Stroder and City Attorney Sokolow.
IV. PUBLIC HEAR/NGS - 9:00At4
To Receive Public Comment On Whether Or Not To Issue A
Permit To Lake Ronel Oil Company To Conduct Seismic
Operations In The City Of Port Arthur.
Planning Director Dale Watson appeared before the City Council and outlined the
property proposed for seismic operations.
The Mayor requested to hear from anyone present in the audience who wished to
speak regarding the proposed issuance of a permit to conduct seismic operations. No
one appeared.
Upon the motion of Councilmember Allen, seconded by Councilmember Henderson, and
carried unanimously, the Public Hearing was closed.
V. UNFZNlrSHED BUSTNESS
None
VT. CONSENT AGENDA
Upon the motion of Councilmember Henderson, seconded by Councilmember Alien, and
carried unanimously, the following Consent Agenda items were adopted with the
exception of Proposed Resolution No. 11759:
Consideration And Approval Of Payment For Ninth Avenue
Pipeline Relocation To Explorer Pipeline Company Tn The
Amount Of $67,871.72.
Bw
Consideration And Approval To Reject All Bids Received For
Slip Form Placement Of Concrete & Construction Of
Sidewalks, Driveways And Wheelchair Ramps Contract And
Authorization To Re-Advertise For Bids' (Public Works
Department).
Consideration And Approval Of Payment To Miriam K.
3ohnson, Tax Assessor' Collector, Tn The Amount Of
$7,075.20 For The 2001 Tax Year Collection Fee.
D. Auuroval Of Exoense Accounts:
Councilmember Robert E. Alien:
Use Of Personal Auto On City Business,
March, 2002
$ 84.68
City Attorney Mark T. Sokolow:
Use Of Personal Auto On City Business,
April 5m And 15m, 2002
$ 8.04
Resolutions - Consent
(1)
P. R. No. 11663 - A Resolution Authorizing The Execution
Of A CDBG Contract Tn The Amount Of $!2,500.00 Between
The Port Arthur Neighborhood Action Council And The City
Of POrt Arthur To Provide Neighborhood Security Through
The Use Of Neighborhood Action Groups, Primarily Tn Low
To Moderate Tncome Neighborhoods.
Proposed Resolution No. 11663 was adopted becoming Resolution No. 02-119.
(2)
P. R. No. 11739 - A Resolution Scheduling A Special
Meeting For May 7, 2002 At 10:00 A.M. To Canvass The
Vote Pertaining To The General Election Of May 4, 2002, As
Well As To Designate The Next Mayor Pro Tem.
Proposed Resolution No. 11739 was adopted becoming Resolution No. 02-120
(3)
P. R. No. 11749 - A Resolution Awarding A Contract To
Coastal Demolition, Tnc. Tn The Amount Of $9,880.00 And
Authorizing The Execution Of A Contract For The
Demolition Of Five Dangerous Residential Structures
(Group A) To Be Charged To Account No. 105-1431-552.59-
00, Project No. C27120.
Proposed Resolution No. 11749 was adopted becoming Resolution No. 02-121
(4)
P. R. No. 11750 - A Resolution Awarding A Contract To
Coastal Demolition, Inc. In The Amount Of $13,320.00 And
Authorizing The Execution Of A Contract For The
Demolition Of Five Dangerous Residential Structures
(Group B) To Be Charged To Account No. 105-1431-552.59-
00, Project No. C27120.
Proposed Resolution No. 11750 was adopted becoming Resolution No. 02-122.
(5)
P. R. No. 11751 - A Resolution Awarding A Contract To
Coastal Demolition, Inc. In The Amount Of $19,070.00 And
Authorizing The Execution Of A Contract For The
Demolition Of Five Dangerous Residential Structures
(Group C) To Be Charged To Account No. 105-1431-552.59-
00, Project No. C27120.
Proposed Resolution No. 11751 was adopted becoming Resolution No. 02-123.
(6)
P. R. No. 11752 - A Resolution Authorizing Acceptance Of
The Certificate Of Completion, Contractor's Certificate And
Release And Contractor's Certificate Of Guarantee On The
Procter Street Extension Elevated Water Tank
zmprovements And Approving Final Payment Of $29,103.00
To D & W Contractors, Tnc., And Authorizing The City
Manager To Sign The Certificate Of Acceptance On Behalf
Of The City Of Port Arthur, Texas. Fund No. 419-1622-
531.85-00, Project No. 419102.
Proposed Resolution No. 11752 was adopted becoming Resolution No. 02-124.
(7)
P. R. No. 11753 - A Resolution Awarding A Bid And
Authorizing The Execution Of A One-Year Contract Between
The City Of Port Arthur And C.M.M. Construction Company
Of Beaumont, Texas For Placement Of Hot-Mix Asphaltic
Concrete On A Unit Cost Basis For Various City Funded And
CDBG Grant Funded Street Projects; Proposed Funding:
Street Division FY 2002 Budget Account No. 001-1203-
531.36/51/86 And The 28th Year CDBG Street Project
Accounts With An Annual Estimated Expenditure Of
$25,000.
Proposed Resolution No. 11753 was adopted becoming Resolution No. 02-125.
(8)
P. R. No. 11754 - A Resolution Authorizing The City
Manager To Execute An Agreement With Go! Web Systems,
Corp., For Web Site Development Servic~c.
Proposed Resolution No. 11754 was adopted becoming Resolution No. 02-126.
(g)
P. R. No. 11755 - A Resolution Authorizing The City
Manager To Execute The Amendment To The License-To-
Use Agreement Between The City And Our Lady Of
Guadalupe Church.
Proposed Resolution No. 11755 was adopted becoming Resolution No. 02-127.
(10) P. R. No. 11757 - A Resolution Authorizing The Mayor To
Execute A License-To-Use Agreement I~etween The City Of
Port Arthur And Lamar State College-Port Arthur For The
Construction, Installation And Maintenance Of A Fiber
Optic Raceway Within The City's Abandoned 27" Sanitary
Sewer Line Along Lakeshore Drive From Mobile Avenue To
Lake Charles Avenue.
Proposed Resolution No. 11757 was adopted becoming Resolution No. 02-128.
(12) P. R. No. 11760 - A Resolution Authorizing The Calling Of A
Public Hearing To Consider Whether Or Not To Issue A
Permit To Buckeye Gulf Coast Pipe Lines, L.P., Of Houston,
Texas To Install An 8" Hydrogen Pipeline Within The
Corporate Limits Of The City Of Port Arthur, 3efferson
County, Texas, Located Along The 60th Street And Chevron
Pipeline Corridors Before Crossing Highway 73 And Leaving
The City Limits.
Proposed Resolution No. 11760 was adopted becoming Resolution No. 02-129.
(13) P.R. No. 11761 - A Resolution Authorizing The Calling Of A
Public Hearing To Consider Whether Or Not To Issue A
Permit To Buckeye Products Pipe Line, L.P., Of Houston,
Texas To Install An 8" Products (Crude Butadiene) Pipeline
Within The Corporate Limits Of The City Of Port Arthur, In
Orange County, And Crossing The Neches Into 3efferson
County, Texas, Before Entering The BASF/FINA Facility.
Proposed Resolution No. 11761 was adopted becoming; Resolution No. 02-130.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
Resolution - Consent
(1)
P. R. No. 11759 - A Resolution Authorizing The City
Manager To Execute An Agreement With 3efferson County
Regarding Plat Approval Authority In The Extraterritorial
3urisdiction Of The City Of Port Arthur.
The Mayor introduced the above-mentioned Resolution.
The motion was made by Councilmember Bowers and seconded by Councilmember
Allen that Proposed Resolution No. 11759 be adopted.
Planning Director Dale Watson appeared before the City Council and discussed the
process of submitting platted subdivision plans in an ET3 and the outlined the proposed
changes.
Councilmember Chaisson returned to the meeting at 9:14 a.m.
Proposed Resolution No. 11759 was adopted, becoming Resolution No. 02-131.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson,
Gillam, Bowers, and Allen.
Voting No: Councilmember Chaisson.
The caption of Resolution No. 02-131 reads as follows:
4
RESOLUTION NO. 02-131
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WTTH
3EFFERSON COUNTY REGARDING PLAT
APPROVAL AUTHORt'TY IN THE
EXTRATERR/TORt'AL .]URISDICTION OF THE
CITY OF PORT ARTHUR.
Resolutions
(1)
P.A. No. 11747 - A Resolution Wherein The City Assumes
The Duties And Responsibilities Of Hanaging The
Brownfields Program And Authorizing The City Manager To
Request An Extension For The Grant.
(3)
P.A. No. 11756 - A Resolution Authorizing The City
Manager And The City Attorney To Retain The Texas
Municipal League ('TML') To Actively Pursue And Recover*
On Worker's Compensatory And Othar Subrogation Liens.
(5)
P.A. NO. 11762 - A Resolution Approving A Collective
Bargaining Agreement Between The City Of Port Arthur
And The International Association Of Fire Fighters Local
397. Proposed Funding: Fire Department Budget Account
No. 001-1121-522.11-00
(6)
P.A. No. 11763 - A Resolution Authorizing The City
Hanager And The City Attorney To Enter Into A Settlement
Of The Arrearage As It Pertains To The Pro Hetal Revolving
Loan.
The above-mentioned Resolutions were held until after Executive Session.
(2)
P. R. No. 11748 - A Resolution Protesting The Failure Of
Time Warner To Pay Franchise Fees On Roadrunner
Services And Authorizing The City Attorney To File
Comments With The Federal Communications Commission.
The Mayor introduced the above-mentioned Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Bowers,
and carried, Proposed Resolution No. 11748 was adopted, becoming Resolution No. 02-
132.
.Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson,
Gillam, Bowers, Chaisson and Allen.
Voting No: None.
The caption of Resolution No. 02-132 reads as follows:
RESOLUTION NO. 02-132
A RESOLUTION PROTESTING THE FAILURE OF
TIME WARNER TO PAY FRANCHISE FEES ON
ROADRUNNER SERVICES AND AUTHORIZING
THE CTTY ATTORNEY TO FILE COMMENTS
WITH THE FEDERAL COMMUNICATIONS
COMMISSION.
(4) P.R. No. 11758 - A Resolution Appointing A Member To The
Beautification Commission. (Requested By Mayor Ortiz)
The Mayor introduced the above-mentioned Resolution.
Upon the motion of Councilmember Gillam, seconded by Mayor Pro Tern Barker and
carried, Proposed Resolution No. 11758 was adopted, becoming Resolution No. 02-133.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson,
Gillam, Bowers, Chaisson and Allen.
Voting No: None.
The caption of Resolution No. 02-133 reads as follows:
RESOLUTION NO. 02-133
A RESOLUTION APPOt*NTING A MEMBER TO
THE BEAUTIFICATION COMMISSION.
(REQUESTED BY MAYOR ORTIZ)
Mary Frances, Marvin Rodriguez and Sandra Richardson were appointed
as members to the Beautification Commission.
B. ORDINANCE
P.O. NO. 5258 - An Ordinance Delineating The Number Of
Authorized Civil Service Positions In The Fire Department.
The above-mentioned Ordinance was held until after Executive Session.
C. *Reports And Recommendations
(1) Report On Highway 365 Widening Project, Overpass
Schematic And Feasibility Study (Requested By
Councilmember Bowers)
(2) Report On Senate Bill 5
Public Works Director Leslie McMahen appeared before the City Council and presented
the above-mentioned reports.
(3) Report On Service Zone
Planning Director ]~! Paul Brown appeared before the City Council and presented the
above-mentioned report.
(4) March, 2002 Financial Report
Finance Director Rebecca Underhill appeared before the City Council and presented the
above-mentioned report.
(5) Report On Police Substations
The City Manager presented the above-mentioned report.
Assistant Police Chief Colonel Mark Blanton appeared before the City Council and
defined the cost of police substations.
TX. *CLOSED MEETTNG (EXECUTIVE SESSION)
Closed Meetinq:
(1) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To The Pro
Metal Revolving Loan.
(2) Section 551.071 Government Code - To Discuss With The
City Attorney The Pending Litigation Between The City And
The Port Arthur Fire Fighter's Association;
(3) Section 551,071 Government Code - To Discuss With The
City Attorney The Feasibility Of Hiring TML To Pursue And
Recover On Worker's Compensation Liens.
(4) Section 551.071 Government Code - To Discuss With The
City Attorney Procedures To Avoid Litigation Involving The
City As It Pertains To The Retention/Employment Of
Personnel And Officers To The Economic Development,
Corporation.
(5) Section 551.071 Government Code - To Discuss With The
City Attorney Procedures To Avoid Potential Litigation
Pertaining To Marina Colony.
(6) Section 551.087 Government Code - To Discuss
Commercial And Financial Information From GP Industrial
Contractors, Inc., And To Discuss The Offer Of Financial
Incentives Thereto As A Business Prospect.
The City Council recessed their meeting at 10:09 a.m. for Executive Session to consider
the above-mentioned topics, and reconvened their meeting at 11:11 a.m. with the
following members present: Mayor Ortiz; Mayor Pro Tern Barker; Councilmembers
Hannah, Henderson, Bowers, Chaisson and Allen; City Manager Fitzgibbons; Acting City
Secretary Stroder and City Attorney Sokolow.
The City Council recessed their meeting at 11:12 a.m. and reconvened at 1:03 p.m.
with the following members present: Mayor Ortiz; Mayor Pro Tern Barker;
Councilmembers Hannah, Henderson, Gillam, Bowers and Allen; City Manager
Fitzgibbons; Acting City Secretary Stroder and City Attorney Sokolow.
l'X. *CLOSED MEETlrNG (EXECUTIVE SESSION)
Closed Meetinq:
(1) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To The Pro
Metal Revolving Loan.
(2) Section 551.071 Gouemment Code - To Discuss With The
City Attorney The Pending Litigation Between The City And
The Port Arthur Fire Fighter's Association.
(3) Section 551.071 Government Code - To Discuss With The
City Attorney The Feasibility Of Hiring TML To Pursue And
Recover On Worker's Compensation Liens.
(4) Section 551.071 Government Code - To Discuss With The
City Attorney Procedures To Avoid Litigation Involving The
City As It Pertains To The Retention/Employment Of
Personnel And Officers To The Economic Development
Corporation.
(5) Section 551.071 Government Code - To Discuss With The
City Attorney Procedures To Avoid Potential Litigation
Pertaining To Marina Colony.
(6) Section 551.087 Government Code - To Discuss
Commercial And Financial Information From GP Industrial
Contractors, Inc., And To Discuss The Offer Of Financial
Incentives Thereto As A Business Prospect.
The City Council recessed their meeting at 1:05 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 1:35 p.m. with
the following members present: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers
Hannah, Henderson, Gillam, Bowers, Chaisson and Allen; City Manager Fitzgibbons;
Acting City Secretary Stroder and City Attorney Sokolow.
VII. ITEMS RE(~UIRING INDIVIDUAL ACTION
A. Resolutions
(1) P.R. No. 11747 - A Resolution Wherein The City Assumes
The Duties And Responsibilities Of Managing The,
Brownfields Program And Authorizing The City Manager To
Request An Extension For The Grant.
The Mayor introduced the above-mentioned Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Bowers,
and carried, Proposed Resolution No. 11747 was adopted, becoming Resolution No. 02-
134.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson,
Gillam, Bowers, Chaisson and Allen.
Voting No: None.
The caption of Resolution No. 02-134 reads as follows:
RESOLUTION NO. 02-134
A RESOLUTION WHEREIN THE CITY ASSUMES
· THE DUTIES AND RESPONSIBILITIES OF
MANAGING THE BROWNFIELDS PROGRAM AND
AUTHORIZING THE CITY MANAGER TO
REQUEST AN EXTENSION FOR THE GRANT.
(3)
P. R. No. 11756 - A Resolution Authorizing The City
Manager And The City Attorney To Retain The Texas
Municipal League ("TML") To Actively Pursue And Recover
On Worker's Compensatory And Other Subrogation Liens.
The IVlayor introduced the above-mentioned Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Bowers,
and carried, Proposed Resolution No. 11756 was adopted, becoming Resolution No. 02-
135.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker, Councilmembers Hannah, Henderson,
Gillam, Bowers, Chaisson and Allen.
Voting No: None.
The caption of Resolution No. 02-135 reads as follows:
RESOLUTION NO. 02-135
A RESOLUTI'ON AUTHOR?ZING THE CI'TY
MANAGER AND THE CtTY A'rrORNEY TO
RETAt'N THE TEXAS MUNICTPAL LEAGUE
("TML") TO ACTt'VELY PURSUE AND RECOVER
ON WORKER'S COMPENSATORY AND OTHER
SUBROGAT]~ON LtENS.
(5)
P. R. No. 11762 - A Resolution Approving A Collective
Bargaining Agreement Between The City Of Port Arthur And
The International Association Of Fire Fighters Local 397.
Proposed Funding: Fire Department Budget Account No.
001-1121-522.11-00.
The Mayor introduced the above-mentioned Resolution.
The motion was made by Councilmember Bowers and seconded by Councilmember
Gillam that Proposed Resolution No. 11762 be adopted.
Human Resources Director Harvey Robinson appeared before the City Council and
outlined provisions contained in the proposed collective bargaining agreement.
Proposed Resolution No. 11762 was adopted becoming Resolution No. 02-136.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers Hannah, Henderson,
Gillam, Bowers, Chaisson and Allen.
Voting No: None.
The'caption of Resolution No. 02-136 reads as follows:
RESOLUTION NO. 02-136
A RESOLUTTON APPROVtNG A COLLECTTVE
BARGAINt'NG AGREEMENT BETWEEN THE CI'TY
.OF PORT ARTHUR AND THE TNTERNATI'ONAL
ASSOCTATiON OF Ft'RE FIIGHTERS LOCAL 397.
PROPOSED FUNDING: FIRE DEPARTMENT
BUDGET ACCOUNT NO. 001-1121-522.11-00.
(6)
P. R. No. 11763 - A Resolution Authorizing The City
Manager And The City Attorney To Enter into A Settlement
Of The Arrearage As it Pertains To The Pro Metal Revolving
Loan.
The Mayor introduced the above-mentioned Resolution.
Upon the motion of Councilmember Bowers, seconded by Councilmember Gillam, and
carried unanimously, Proposed Resolution No. 11763 was removed from the Agenda.
B. Ordinances
P. O. No. 5258 - An Ordinance Delineating The Number Of
Authorized Civil Service Positions in The Fire Department.
9
The City Manager introduced the above-mentioned Ordinance.
Upon the motion of Councilmember Allen. seconded by Councilmember Bowers, and
carried, Proposed Ordinance No. 5258 was adopted becoming Ordinance No. 02-20.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Barker; Councilmembers Hannah, Henderson,
Gillam, Bowers, Chaisson and Alien.
Voting No' None.
The caption of Ordinance No. 02-20 reads as follows:
ORDINANCE NO. 02-20
AN ORDI'NANCE DELINEATING THE NUMBER
OF AUTHORtZED CtVIL SERV1~CE POStT1'ONS tN
THE FIRE DEPARTf4ENT.
V1~1~i'. REPORTS OF BOARDS & COMM~-I'EES
None
X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Mayor Ortiz:
Letter to TXDOT requesting an appearance at their meeting in Austin
regarding Highway 365 and the 93 overpass.
Councilmember Gillam:
Workshop with Service Zone Representatives.
Councilmember Henderson:
(1) Report on average number of police patrols on each shift.
(2) Discussion item on next agenda regarding annual fees charged to
EMS companies.
Councilmember Bowers:
Letter to distributor of new telephone directory correcting front page.
Xl. ADJOURNMENT OF MEETING
Upon the motion of Councilmember Gillam, seconded by Councilmember Chaisson and
carried unanimously, the City Council adjourned their meeting at 1:48 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:
ACTING CITY SECRETARY
END OF REGULAR MEETING HELD April30,2002. APPROVED:
10