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HomeMy WebLinkAboutMAY 14, 2002OSCAR G. ORTIZ, MAYOR FELIX A. BARKER, MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH THOMAS J. HENDERSON TOM GILLAM, Ill REV. RONNIE LINDEN BOB BOWERS ROSE MITCHELL CHAISSON ROBERT E. ALLEN City of Texas STEPHEN FITZGIBBONS CITY MANAGER JAN STRODER ACTING CITY SECRETARY MARK T. SOKOLOW CITY A~[ORNEY AGENDA City Council Regular Meeting May 14, 2002 5:30 P. M. RO. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 · 409/983-8115 · FAX 409/983-8291 CITY COUNCIL MEETING City Hall Council Chamber City Of Port Arthur May 14~ 2002 5:30PM II, ROLL CALL~ INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Henderson Councilmember Hannah Councilmember Barker Councilmember Gillam ][:II Councilmember Linden Councilmember Bowers Councilmember Chaisson Councilmember Sinegal City Hanager Fitzgibbons Acting City Secretary Stroder City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes - Regular Meeting Held April 30, 2002 Special Meeting Held May 7, 2002 III, PETITIONS & COMMUNICATIONS A. Speakers Roosevelt Perry Regarding Commercial And Financial :Information From GP [ndustrial Contractors, Inc. (2) Don Pumphrey Regarding Entergy's Proposed Weatherization Program. B. Correspondence None AGENDA CONSENT HAY 14, 2002 IV. PUBLIC HEARINGS - 7:00PM To Consider Whether Or Not To Issue A Permit To Buckeye Gulf Coast Pipe Lines, L.P. For An 8" Products (Crude. Butadiene) Pipeline Within The Corporate Limits Of The City Of Port Arthur In Orange County And Crossing The Neches River In Jefferson County Before Entering The BASF/Fina Facility. (2) To Consider Whether Or Not To Issue A Permit To Buckeye Gulf Coast Pipelines, L.P., For An 8" Hydrogen PipeJine Located Along The 60th Street And Chevron Pipeline Corridors In The El Vista Area Before Crossing Highway 73 And Leaving The City Limits. (3) To Receive Public Comment As To The Effects In The Community Of The Curfew Ordinance And As To Whether The City Should Continue, Modify Or Abolish The Curfew Ordinance. UNFINISHED BUSINESS None. VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support IVlaterial On Each Item, And/Or It Has Been Discussed At A Previous Heeting. All Items Will Be Acted Upon By One Vote Without Being Discussed Separately. Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. Consideration And Approval To Reject All Bids Received For Twenty Computer Workstations And Software And Authorization To Re- Advertise For Bids (Police Department). AGENDA CONSENT MAY 14, 2002. VI. CONSENT AGENDA Consideration And Approval Of Awarding A Bid For The Purchase Of Twelve Motorola MTX B5 800 MHZ Portable Radios, Ten Motorola M-fX 8000 B7 800 MHZ Portable Radios And Fourteen Motorola Mobile Chargers To Kay Electronics Of Beaumont, Texas :In The Amount Of $29,493.49 For The Fire Department. Consideration And Approval Of Awarding A Bid For The Purchase Of One Motorola MCS 2000 Mobile 800 MHZ Radio, Three Motorola MTX 8000 B5 Portables And Three Mobile Chargers To Kay Electronics Of Beaumont, Texas Tn The Amount Of $5,346.55 For The Fire Department. Consideration And Approval To Rescind The Purchase Of A 1/2-Ton Pickup From Triangle Chevrolet (Through HGAC) In The Amount Of $14,816.33 And Approval To Purchase A 1/2-Ton Pickup Truck From Triangle Chevrolet In The Amount Of $15,556.99 For Animal Control. Consideration And Approval Of Awarding A Bid For The Purchase Of Fire Hydrants To Golden Triangle Pipe Of Beaumont, Texas For The Unit Price Of $784 (3.5' Bury Depth) And $820 (4.5' Bury Depth) For The Utility Operations Department (Water Distribution Division). Consideration And Approval Of Renewing A Contract For The Purchase Of Books, Video Tapes And Audio Tapes To [ngram Library Services, THC'., In The Amount Of $50,000 For The Library. Consideration And Approval Of Awarding A Bid For The Purchase Of Worker's Uniforms To Aramark Uniform Services Of Beaumont, Texas On A Unit Cost Basis For Approximately One Year For Various City Departments. Consideration And Approval Of Payment To A.M.F. Materials And Transport Of Port Arthur, Texas ]:n The Amount Of $24,750 For Emergency Equipment Services At The City's Landfill Facility. AGEN DA CONSENT MAY 14, 2002 VI. CONSENT AGENDA (CONTINUED) Approval Of Expense Accounts: Mayor Oscar G. Ortiz: Use Of Personal Auto On City Business, Tn And Out Of The City, April, 2002 $102.92 Councilmember Felix Barker: Use Of Personal Auto On City Business, April, 2002 $100.00 Councilmember Tom Henderson: Use Of Personal Auto On City Business, March & April, 2002 $199.29 Councilmember Robert A. Bowers: Use Of Personal Auto On City Business, April, 2002 $ 46.35 Councilmember Tom Gillam: Use Of Personal Auto On City Business, April, 2002 $100.00 Acting City Secretary .]an Stroder: Use Of Personal Auto On City Business, Out Of City, February - May, 2002 $ 75.92 Assistant City Secretary Evangeline Green: Use Of Personal Auto For May 4, 2002 General Election; April - Hay, 2002 $ 38.33 City Attorney Mark T. Sokolow: Use Of Personal Auto On City Business, April 16-26, 2002 $14.60 AGENDA CONSENT MAY 14, 2002. VI. CONSENT AGENDA (CONTINUED) Resolutions - Consent (1) P. R. No. 11765 - A Resolution Approving The Acceptance And Execution To Increase The Amount Of Three Subcontractor Grant Awards To Perform Additional Tobacco Prevention And Control Activities For A Total Amount Of $16,800. (2) P. R. No. 11766 - A Resolution Pertaining To, The User-Friendly Phone Book Greater Beaumont Published By Cameron Publishing. (Requested By Councilmember Bowers) (3) P. R. No. 11768 - A Resolution Authorizing The Second Year Of The Existing Water And Sewer Line Tapping Contract For Utility Operations Approved On May 29, 2001, With 3erry Walley Construction Company Of Lumberton, Texas, For A Total Contract Amount Not To Exceed $175,000. Account No. 414-1621-532.83-00 And 414-1621-532.85-00. (4) P. R. No. 11769 - A Resolution Authorizing The Second Year Of The Existing Fire Hydrant Installation And/Or Replacement Contract For Utility Operations Approved On May 29, 2001, With Jerry Walley Construction Company Of Lumberton, Texas, For A Total Contract Amount Not To Exceed $48,000. Account No. 410-1253-532.35.00. (s) P. R. No. 11770 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (6) P, R. No, 11772 - A Resolution Granting A Permit For Seismic Operations In The City Of Port Arthur To Lake Ronel Oil Company. (7) P. R. No. 11774 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And The South East Texas Regional Planning Commission For A Compost Bin Project; Funding Is From Grant Funds From The Texas Natural Resources Conservation Commission In The Amount Of $15,000.00 Administered By The South East Texas Regional Planning Commission. AGEN DA CONSENT MAY 14, 2002, VI. CONSENT AGENDA (CONTINUED) (8) P. R. No. 11775 - A Resolution Awarding The First Year Of A Contract To CCAP, Inc., DBA Sanserve Building Services Of Beaumont, Texas For Janitorial Services For City Hall And Annex Buildings In The Amount Of $32,964. The Three Subsequent Yearly Contract Renewals In The Amount Of 2nd Year $33,952.92, 3~d Year $35,650.56 And The 4th Year $37,433.04 Will Be At The Discretion Of City Council. Funds Are Available In The FY2002 City Hall Division Budget, Account No. 001-1206-531.32-00. {9) P. R. No. 11777 - A Resolution Authorizing The Mayor And City Manager To Execute Change Orders No. 1, 2, 3, 4, 5 And 6/Final To The Contract Dated August 27, 2001 Between The City Of Port Arthur And E[liott Equipment & Construction Of Groves, Texas For The Construction Of Cells 44A, 44B And 45 At The City's Landfill Site, Increasing The Contract Amount By $9,974.35 From $898,459 To A New Contract Total Of $908,433.35, Authorizing The City Manager To Execute A Certificate Of Acceptance For The Work And Authorizing Final Payment Of Invoice No. 9 In The Amount Of $75,041.22 And Invoice No. 10/Final In The Amount Of $45,421.67; Funding Being Available In FY2002 Account No. 301- 1601-591.89-00; CIP 203. (10) P. R. No. 11778 - A Resolution Awarding A Bid And Authorizing The Execution Of A One-Year Contract Between The City Of Port Arthur And Hollier Eonstruction Company Of Groves Texas For Concrete Slip-Form Placement Of Concrete Curb And Gutters And Concrete Curbs, And Construction Of Sidewalks, Driveways And Wheelchair Ramps On A Unit Cost Basis For Various City Funded And CDBG Grant Funded Street Projects; Proposed Funding: Street Division FY2002 Budget Account No. 001-1203-531.36/51/86 And The 28t~ Year CDBG Street Project Accounts, With An Estimated Annual Expenditure Of $25,000. AGENDA NON-CONSENT MAY 14, 2002 , VII, ITEMS REQUIRING INDIVIDUAL ACTION A. Resolutions (1) P. R. No. 11779 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lot 9, Block 1, Schmyser 3, That Is Adjacent To West 7m Street And To Execute The Necessary Closing Documents (Account No. 301-1601-591.81-00; CIP 909). (2) P. R. No. 11780 - A Resolution Authorizing The. City Manager And The City Attorney To Acquire A Waiver Of The Rights Of Redemption To Lots 9, 11 & 13, Block 2, Schymser 3. B. Ordinances (1) P. O. No. 5259 - An Ordinance Amending Section 34-181 And Section 34-182 Of The Code Of Ordinances, Chapter 34 Environment, Article V. Noise Control, As It Pertains To Sound Amplification Systems, Providing A Penalty Of Not To Exceed $2,000 And Providing For Publication. (2) P. O. No. 5260 - An Ordinance Amending The Proposed Sub- Section 114-33 (c) Of The Code Of Ordinances As It Pertains To Emergency Medical Vehicles And An Alternative To The $50,000 Per Year Annual Fee That Ts Charged To A Company. (Requested By Mayor Pro Tern Henderson And Councitmember Bowers). C. *Reports And Recommendations (1) Report On Proposal To Utilize Informal Bidding Procedure For Residential Demolition Packages (2) Report On TxDOT's Revised Speed Limits Proposal On Highway 69/Memorial Boulevard - Aero Drive To Gulfway Drive. *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional ]~nformation And Records. AGENDA NON-CONSENT MAY 14, 2002. VIII. REPORTS OF BOARDS & COMMIITEES None IX. *CLOSED MEETING (EXECUTIVE SESSION) in Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(ali, Prior To Going ]Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 - Litigation And/Or Legal Advice Section 551.072 - Land Section 551.073 - Negotiated Contracts For Prospective Gifts To The City Section 551.074 - Personnel Section 551.076 - Security Personnel Or Devices Section 551.087 - Deliberations Regarding Economic Development Incentives Closed Meetinq: (1) Section 551.087 Government Code To Discuss Economic Incentives As It Pertains To Commercial Retail Prospects. (2) Section 551.072 Government Code - To Discuss The Value Of Tracts Adjacent To West 7th Street And In The West End. (3) 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. (4) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation Against Pro Metal, Greg Cook, .lulie Cook, Hatton Fabrication. *The ]Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA NON-CONSENT MAY 14, 2002. gm FUTURE AGENDA I'TEMS OR REQUESTED REPORTS Items For Future Agenda Consideration Or Reports From Staff May Be Requested But No Discussion Of Any Item Or Request Shall Take Place. XI, AD3OURNMENT OF MEETING NOTE: If Evening Meeting Extends Past t1:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On May 15, 2002. During The Recess, No Action Will Be Taken On Any Item Of Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, All In Accordance With The Open Meetings Law. WORKSHOP 4:00PM D][SCUSS TRAINI~NG OPPORTUNITIES AT SERV]~CE ZONE RULES Of DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS RECOGNITION BY PRESIDING OFFICER. NO PERSON SHALL ADDRESS THE COUNCIL WITHOUT FIRST BEING RECOGNIZED BY THE PRESIDING OFFICER. SPEAKING PROCEDURE; L~MITATION ON DISCUSSION AND QUESTIONING. EACH PERSON ADDRESSING.THE COUNCIL SHALL STEP UP TO THE MICROPHONE PROVIDED FOR THE USE Of THE PUBLIC AND GIVE H~S NAME AND ADDRESS IN AN AUDIBLE TONE OF VOICE FOR THE RECORDS, STATE THAT SUBJECT HE WISHES TO DISCUSS, STATE WHOM HE IS REPRESENTING IF HE REPRESENTS AN ORGANIZATION OR OTHER PERSON, AND UNLESS FURTHER TIME IS GRANTED BY MAJORITY VOTE Of THE COUNCIL. SHALL L~MIT HIS REMARKS TO FIVE (5) MINUTES. ALL REMARKS SHALL BE ADDRESSED TO THE COUNCIL AS A WHOLE AND NOT TO ANY MEMBER THEREOF. NO PERSON OTHER THAN MEMBERS OF THE COUNCIL AND THE PERSON HAVING The FLOOR SHALL BE PERMITTED TO ENTER INTO ANY DISCUSSION, Whether DIRECTLY OR THROUGH A MEMBERS Of THE COUNCIL, WITHOUT~ THE PERMISSION OF THE PRESIDING OFFICER. IMPROPER REFERENCES, DISORDERLY CONDUCT BY PERSON ADDRESSING THE COUNCIL; ANY PERSON MAKING, EXPRESSLY OR iMPIEDLY, PERSONAL, IMPERTINENT, SLANDEROUS, DEROGATORY, DISCOURTEOUS, SNIDE~ OR PROFANE REMARKS OR WHO WILLFULLY UTTERS LOUD, THREATENING OR ABUSIVE LANGUAGE, OR ENGAGES, ~N ANY DISORBERLY CONDUCt WHICH WOULD IMPEDE, DISRUPT, OR DISTURB THE ORDERLY CONDUCT THE ORDER BY THE PRESIDING OFFICER~ AND IF SUCH CONDUCT CONTINUES, MAY, AT THE DISCRETION OF THE PRESIDING OFFICER, BE ORDERED BARRED FROM FURThER~AUDIENCE BEFORE THE COUNCIL DURING THAT MEETING. ADDRESSES AFTER MOTION MADE OR PUBLIC HEARING CLOSED. AFter A MOTION HAS BEEN MADE OR A PUBLIC HEARING HAS BEEN CLOSED, NO MEMBER OF THE PUBLIC SHALL ADDRESS THE COUNCIL FROM THE AUDIENCE ON The MATTER UNDER CONSIBERATION WITHOUt FIRST SECURING PERMISSION TO DO SO BY MAJORITY VOTE OF THE CITY COUNCIL. CAMPAIGN SPEECHES PROHIBITED. NO PERSONS WILL BE ALLOWED TO ADDRESS THE CITY COUNCIL BY MAKING CAMPAIGN SPEECHES FOR OR AGAINST ANY CANDIDATE WhO HAS ANNOUNCED or DOES ANNOUNCE HIS INTENTION TO RUN, or ISSUE ALREADY ORBERED ON A BALLOT FOR ELECTION. DISORDERLY CONDUCT. NO PERSON IN THE AUDIENCE SHALL ENGAGE IN DISOrDErLY CONDUCT SUCH AS HAND CLAPPING, STAMPING OF FEET, WHISTLING, USING PROFANE LANGUAGE, YELLING, AND SIMILAR DEMONSTRATIONS~ WHICH CONDUCT DISTURBS THE PEACE AND GOOD ORDER OF THE MEETING. LIMITATIONS ON USE OF SUPPLEMENTAL LIGHTING. LIMITATIONS ON USE OF SUPPLEMENTAL LIGHTING FOR TELEVISION AND MOTION PICTURE CAMERAS TO CREATE THE LEAST AMOUNt OF INTERFERENCE WITH OR DISTURBANCE OF COUNCIL PROCEEDINGS AND/OR DISCOMFORt TO THE PUBLIC. PERSONS HAVING COMPLAINTS, ALLEGATIONS, OR CHARGES AGAINSt INDIVIDLIAL CITY EMPLOYEES. NO PERSON SHALL MAKE ANY COMPLAINT, SPECIFIC ALLEGATION, Or CHARGE AGAINST AN INDIVIDUAL CITY EMPLOYEE BY NAME IN A PUBLIC MEETING UNLESS He FIRST SHOW THAT HE HAS PURSUED APPROPRIATE ADMINISTRATIVE CHANNEL. RULES Of PROCEDURE THE CITY SECRETARY SHALL MAKE PUBLIC, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS LAW, AND AGENDA CONTAINING ALL BUSINESS TO BE DISCUSSED AT a MEETing OF THE C~TY COUNCIL. PERSONS REQUESTING TO BE HEARD ON AGENDA ITEMS (1 ) RESIDENTS. ANY RESIDENT WHO WISHES TO ADDRESS THE COUNCIL ON ANY MATTER MaY DO SO BY NOTIFYING THE CITY SECRETARY IN ACCORDANCE WITH THE TEXAS OPen MEETINGS LAW. (21 NONRESIDENTS. ANY NONRESIDENT WISHING TO ABDRESS THE COUNCIL SHALL NOTIFY THE CItY SECRETARY AND SPECIFY HIS INTERESt IN THE MATTER BEING CONSIDERED. THE CITY SECRETARY SHALL PRESENT SUCH REQUEST TO THE PRESIDING OFFICER FOR APPROVAL BEFORE PLACING THE NAME ON THE AGENDA. SPECIFIC AGENDA ITEMS. AFTER A MOTION, SECOND AND DISCUSSION BY THE CITY COUNCIL ON ANY SPECIFIC AGENDA ITEM~ AND BEFORE A VOTE IS TAKEN, THE PRESIDING OFFICEr SHALL RECOGNIZE ANY PERSON IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL ON SUCH ITEM, WHO SHALL BE PERMITTED TO ADDRESS THE COUNCIL THEREON FOR A PERIOD OF THREE (3) MINUTES. "SPECIFIC AGENDA ITEMS" ARE DEFined AS ANY ITEM SPECIFIED ON THE NOTICE Of MEETING POSTED PURPOSES OF THE TEXAS OPEN MEETINGS LAW AND WHICH BECOMES THE SUBJECT OF A MOTION BEFORE THE COUNCIL.