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HomeMy WebLinkAboutJUNE 11, 2002OSCAR G. ORTIZ, MAYOR THOMAS J. HENDERSON, MAYOR PRO-TEM C0UNC~L MEMBERS: CRAIG HANNAH FELIX A, BARKER TOM GILLAM, III REV. RONNIE LINDEN BOB BOWERS ROSE MITCHELL CHAISSON MICHAEL "SHANE" SINEGAL c~ty of Texas STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY AGENDA City Council Regular Meeting June 11, 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 .lune ~.~., 2002 S:30PM II. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Henderson Councilmember Hannah Councilmember Barker Councilmember Gillam IT! Councilmember Linden Councilmember Bowers Councilmember Chaisson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes - Regular Meeting Held May 28, 2002 III. PETITIONS &COMMUNICATIONS A. Speakers (1) Sandra LaDay Regarding Neighborhood Concerns About Enforcement Of Noise Ordinance, Drug Mfractions And Inappropriate Public Conduct 1800 Block Of East 12th Street (2) Harold Collins Regarding Collins Quality Construction And Changes In Housing Rehabilitation (3) .lames Fedrick, Sr., Regarding Additional Police Patrol Needed B. Correspondence None AGENDA CONSENT _]UNE 11, 2002 tV. PUBLZC HEAR'rNGS - 7:00PM To Consider The Proposed Abandonment Of That Portion Of The 15-Foot Easement Along The Rear Of Lots 42 And 43, Block 1, Lake Arthur Flanor (4506 And 4512 Kandywood Drive). UNFI'NI'SHED BUSI'NESS The Following Items Of Business Were Held From Previous Meetings At Which No Action Was Taken On These Items: None Vl'. 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 Material On Each Item, And/Or It Has Been Discussed At A Previous Meeting. 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 For The Purchase Of One New Cab & Chassis Unit, Complete With Remount Of City's 30-Cubic Yard Packer Body, Through The Houston-Galveston Area Council From Lone Star Truck Center Of Houston, Texas For The Total Amount Of $9:~,475 For The Public Works Department (Solid Waste Division-Residential Collections). Consideration And Approval For The Purchase Of One Complete 35 Cubic Yard Front Load Commercial Container Unit Through The Houston-Galveston Area Council From Loan Star Truck Center Of Houston, Texas And Heil Environmental Of Lake Charles, Louisiana For The Total Amount Of $151,512.19 For The Public Works Department (Solid Waste Division-Commercial Collections). AGENDA CONSENT JUNE 11, 2002 VI. CONSENT AGENDA (CONTINUED) Consideration And Approval For The Purchase Of One Complete 30 Cubic Yard Automated Garbage Unit Through The Houston- Galveston Area Council From Lone Star Truck Center Of Houston, Texas And Hell Environmental Of Lake Charles, Louisiana For The Total Amount Of $154,773.95 For The Public Works Department (Solid Waste Division-Residential Collections). D. Approval Of Expense Accounts: Mayor Oscar G. Ortiz: Use Of Personal Auto For City Business Within City Limits, May, 2002 Outside City Limits, May, 2002 $ 100.00 $ 12.41 Coun¢ilmember Felix A. Barker: Use Of Personal Auto On City Business Within City Limits Hay, 2002 Outside City Limits May, 2002 $ 100.00 $ 47.67 Councilmember Rose Chaisson: Use Of Personal Auto On City Business April - May, 2002 $ 200.00 Councilmember Tom Gillam, III: Use Of Personal Auto On City Business May, 2002 $ 100.00 City Attorney Mark T. Sokolow: Use Of Personal Auto On City Business Hay 14 - June 4, 2002 $ 45.26 AGENDA CONSENT JUNE 11, 2002 VI'. CONSENT AGENDA (CONTI'NUED) Resolutions - Consent (i) P. R. No. 11791 - A Resolution Accepting The Engineer's Certificate Of Completion, Contractor's Certificate Of Guarantee And Contractor's Certificate And Release And Authorizing Change Order No. 5 And Monthly Estimate No. 9 And Final To The Contract Between Brystar Contracting, inc., And The Park Central Municipal Utility District/City Of Port Arthur For Water And Sewer Improvements To Park Central Crossing, Increasing The Contract $2,345.80 To $410,870.78. (2) P. R. No. 11798 - A Resolution Authorizing The Second Year Of The Existing Contract With Technical Resource Staffing Service For School Guard Crossing Services For The Police Department In The Amount Of $13.90/Hr., Not To Exceed $80,064.00 Annually, To Be Charged To Account No. 001-1101-521.54-00. (3) P. R. No. 11804 A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $125,876.00 For Installation Of An Emergency Generator At The Water Treatment Plant Between The City Of Port Arthur And Simco Enterprises, LTD., Of Groves, Texas. Account No. 427-1626-532.85- 00; Project No. 427001. (4) P. R. No. 11805 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (5) P. R. No. 11807 - A Resolution Authorizing The Second Year Of The Existing Water And Sewer Line Maintenance Contract For Utility Operations With Jerry Walley Construction Company Of Lumberton, Texas For A Total Contract Amount Not To Exceed $85,000. Account No. 410-1253-532.35-00 And 410-1255-532.33-00. (6) P. R. No. 11810 - A Resolution Authorizing The Reprogramming Of The Housing Division's Prior Year New Construction Funds In The Amount Of $32,500 To Provide Down Payment And Closing Costs Assistance For Five Eligible Citizens Of The City To Purchase Existing Homes. AGENDA NON-CONSENT JUNE 11, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION A. Resolutions (1) P. R. No. 11799 - A Resolution Recommending That The Board Of Directors Hire Igalious Mills As The Executive Director For The Port Arthur Section 4A Economic Development Corporation With A Salary Increase. (Requested By Councilmember Gillam And Councilmember $inegal) (2) P. R. No. 11800 A Resolution Ratifying And Appointments To The Board Of Directors Of The Housing Finance Corporation. Confirming Port Arthur (3) P. R. No. 11801 - A Resolution Appointing Members To The Citizen's Pipeline Advisory Committee. (4) P. R. No. 11802 - A Resolution Appointing/Reappointing A Member To The Pleasure Island Commission. (5) P. R. No. 11806 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lot 8, Block 1, Schmyser 3, That Is Adjacent To West 7th Street And To Execute The Necessary Closing Documents. Account No. 301-1601-591.81-00; CIP 909). (6) P, R. No. 11811 A Resolution Adding A Member To The Beautification Commission. (Requested By Mayor Pro Tem Henderson). B. Ordinances None AGENDA NON-CONSENT .1UNE 11, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION (CONTINUED) C. *Reports And Recommendations (1) Report On Grass Mowing (2) Report On Gang Activity In Port Arthur (3) Report On 2002 Preliminary Appraised Values (4) Report On The City's Involvement In The PAI'SD Safety & Security Committee (5) Status Report On TB Services In Port Arthur (6) Report On The Solicitation For Proposals For Special Audit Services Related To Grants And Loans Awarded By The Port Arthur Economic Development Corporation (7) Report On Proposed Premcor Expansion (8) April, 2002 Financial Report *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional Information And Records. VIII. REPORTS OF BOARDS & COMMITTEES None AGENDA NON-CONSENT JUNE 11, 2002 IX. *CLOSED MEETI'NG (EXECUTI'VE SESSTON) 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(a)], 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 Meeting: (1) (2) Section 551.087 Government Code To Discuss Economic Incentives As It Pertains To Commercial Retail Prospects. Section 551.072 Government Code - To Discuss The Value Of Tracts Of Land On The West Side And Also The Lots Adjacent To West 7th Street. *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA NON-CONSENT JUNE 11, 2002 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. X1[. AD3OURNMENT OF MEETtrNG NOTE: If Evening Meeting Extends Past ll:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30 A.M. On June 12, 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. RULES OF DECORUM - PERSONS ADDRESSTNG COUNCI'L & AUDI'ENCE MEMBERS RECOGNITION BY PRESIDING OFFICER. NO PERSON SHALL ADDRESS THE COUNCIL WITHOUT FIRST BEING RECOGNIZED BY THE PRESIDING OFFICER. SPEAKING PROCEDURE; LIMITATION ON DISCUSSION AND QUESTIONING. EACH PERSON ADDRESSING THE COUNCIL SHALL STEP UP TO THE MICROPHONE PROVIDED FOR THE USE Of THE PUBLIC AND GIVE HIS 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 LIMIT 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 MEMBER OF THE COUNCIL, WITHOUT THE PERMISSION Of THE PRESIDING OFFICER. IMPROPER REFERENCES, DISORDERLY CONDUCT BY PERSON ADDRESSING THE COUNCIL; ANY PERSON MAKING, EXPRESSLY OR IMPLIEDLY, PERSONAL, IMPERTINENT, SLANDEROUS, DEROGATORY, DISCOURTEOUS, SNIDE, OR PROFANE REMARKS OR WHO WILLFULLY UTTERS LOUD, THREATENING OR ABUSIVE LANGUAGE, OR ENGAGES, IN ANY DISORDERLY CONDUCT WHICH WOULD IMPEDE, DISRUPT, OB DISTURB THE ORDERLY CONDUCT, THE ORDEP 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 DE THE PUBLIC SHALL ADDRESS THE COUNCIL fROM THE AUDIENCE ON THE MATTER UNDER CONSIDERATION 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 OB AGAINST ANY CANDIDATE WHO HAS ANNOUNCED OR DOES ANNOUNCE HIS INTENTION TO RUN, OR ISSUE ALREADY ORDERED 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 INDII/IDLAL 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 SHOWS THAT HE HAS PURSUED APPROPRIATE ADMINISTRATIVE CHANNELS. RULES OF PROCEDURE THE CItY SECRETARY SHALL MAKE PUBLIC, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS LAW, AN AGENDA CONTAINING ALL BUSINESS TO BE DISCUSSED AT A MEETING OF THE CITY 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. (2) NONRESIDENTS. ANY NONRESIDENT WISHING TO ADDRESS 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. "~PECIFIC AGENDA ITEMS" ARE DEFINED AS ANY ITEM SPECIFIED ON THE NOTICE OF MEETING POSTED FOR PURPOSES OF THE TEXAS OPEN MEETINGS LAW AND WHICH BECOMES THE SUBJECT OF A MOTION BEFORE THE COUNCIL.