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HomeMy WebLinkAboutNovember 6, 2007DECOKES "BOBBIE" PRINCE, MAYOR MICHAEL "SHANE" SINEGAL, MAYOR PRO-TEM COUNCIL MEMBERS: JACK CHATMAN, JR. CAL JONES THOMAS J.HENDERSON MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON AGENDA City Council Regular Meeting November 6, 2007 8:30 a.m. STEPHEN FTTZGIBBONS CTI'Y MANAGER EVANGELINE "VAN° GREEN CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. P.O. BOX 1089 • PORT ARTHUR, TEXAS 77641-1089 • 4091983-81 1 5 • fAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur November 6, 2007 8:30AM I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Sinegal Councilmember Chatman Councilmember Jones Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson City Manager Fitzgibbons City Secretary Green City Attorney Sokolow II. PROCLAMATIONS & MINUTES Proclamations November 6, 2007 -"Most Venerable Huyen Viet Day" In Honor Of Reverend Huyen Viet's Title Change Minutes (1) October 9, 2007 Regular Meeting (2) October 16, 2007 Joint/Special Meeting III. PETITIONS & COMMUNICATIONS A. Presentations Presentation Of City Of Port Arthur Job Training Graduates B. Speakers (1) Carol Marks Regarding Widening Of Ray Avenue (2} Reverend Joy Richards Regarding Vietnam Memorial Traveling Wall C. Correspondence None AGENDA NOVEMBER 6, 2007 IV. PUBLIC HEARINGS - 9:00 AM Consideration Of Proposed Annexation Of U. S. Intec (Building Materials Manufacturing Corporation, Successor In Interest To U. S. Intec) Property And Environs V. UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: P. R. No. 14414 - A Resolution Authorizing The City Manager To Execute A Development Agreement With Mt. Tamalpais Investments Corp. 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 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. A. Consideration And Approval Of Payment To Orange County Emergency Services District No. 2 In The Amount Of $122,059.45 B. Consideration And Approval Of Grand Recap (Certified Tax Rolls) From Jefferson County ($12,004,510.12) And Orange County ($1,030,724.27) Tax Assessors Collectors And The Delinquent Tax Roll From Orange County C. Consideration And Approval Of Payment In The Amount Of $10,386.56 To Miriam K. Johnson, Tax Assessor Collector, For The 2007 Tax Year Collection Fee D. Consideration And Approval Of Awarding A Quote To City Fence Company Of Port Arthur, TX In The Amount Of $5,200 For Repairs To The Exterior Fence At The City's Animal Shelter E. Consideration And Approval Of Payment To Toter, /nc., Of Statesvi//e, NC In The Amount Of $24,964.20 For 540 Ninety-Six Gallon Toters For The Public Works Department (Solid Waste Division) AGENDA NOVEMBER 6, 2007 VI. CONSENT AGENDA -CONTINUED F. Consideration And Approval Of Awarding A Bid To Pump & Power Equipment Of Houston, TX In The Amount Of $30,945 For Self-Priming Sewage Pumps For The Utility Operations Department (Wastewater Conveyance Division) G. Consideration And Approval Of Payment To Caro/ina Software, /nc., Of Wilmington, NC In The Amount Of $9,255 For WasteWORKS Software (Invoicing And Recordkeeping) At The City's Landfill H. Expense Report City Attorney Mark T. Sokolow: Trial Proceedings City vs. EntergyJefferson County Court House Beaumont, Texas October 29, 2007 -November 2, 2007 $gg.pg Resolutions -Consent (1) P. R. No. 14424 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (2) P. R. No. 14425 - A Resolution Authorizing Funding To Lutheran Social Service Disaster Relief (LSSDR) To Provide Assistance To Residents Regarding Damages Related To Hurricane Humberto Not To Exceed $500 Per Residence. Account No. 001-1003-512.59-00 M08002 (3) P. R. No. 14426 - A Resolution Accepting The Sub-Recipient Award For The 2007 Homeland Security Grant Program Projected At $131,200 For The State Homeland Security Program And $69,650 For The Law Enforcement Terrorism Prevention Program For At Total Award Of $200, 850 (4) P. R. No. 14428 - A Resolution Supporting The Display Of The Vietnam Traveling Memorial Wall And Authorizing An Agreement With The Texas Department Of Transportation (5) P. R. No. 14430 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Rose E. Quirante, R.D., For The Provision Of Dietary Consultation Services For The Women, Infants And Children (WIC) Program (6) P. R. No. 14431 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Rebecca J. Voss, RN, CDE, For The Provision Of Dietary Consultation And Diabetic Education Services For The Health Department AGENDA NOVEMBER 6, 2007 VI. CONSENT AGENDA -CONTINUED (7) P. R. No. 14432 - A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And William D George, MD To Act As The City's Health Authority For The Health And Fire Departments (8) P. R. No. 14433 - A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Lloyd R Haggard For The Provision Of Consultation Services For The City's Laboratory (9) P. R. No. 14434 - A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Kirk Matthew Vital, R.Ph, To Act As The City's Pharmacist-In-Charge For The Health Department (10) P. R. No. 14435 - A Resolution As It Pertains To Authorizing Membership To The Pompano Club (11) P. R. No. 14436 - A Resolution As It Pertains To The Truth & Education Corporation (12) P. R. No. 14437 - A Resolution Authorizing The Mayor To Execute Amendment No. 1 To Contract DRS060072 With The Office Of Rural And Community Affairs (ORCA) Related To The $1,500,000 Texas Community Development Block Grant (CDBG) Disaster Recovery Grant (13) P. R. No. 14438 - A Resolution Approving A Teaching Contract As It Pertains To The Community Prosecution Program AGENDA NOVEMBER 6, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14427 - A Resolution Casting Votes For The Board Of Directors Of The Jefferson County Appraisal District (2) P. R. No. 14429 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (3) P. R. No. 14439 - A Resolution Casting Votes For The Board Of Directors Of The Orange County Appraisal District For The Term Ending December 31, 2009 (4) P. R. No. 14440 - A Resolution Authorizing The Relocation Of The Convention & Visitors Bureau Center (5) P. R. No. 14441 - A Resolution Amending The License For The Construction Of A Recreational Vehicle Park On 19.2 Acres Of Land On The South Side Of Hwy 365 West Of Jade Avenue (6) P. R. No. 14442 - A Resolution Authorizing Meadwestvaco Corporation Of Silsbee, Texas To Remove Approximately 30,000 Cubic Yards Of Woodchips From The Port Arthur Landfill At No CostTo The City B. Ordinances (1) P. O. No. 5812 - An Ordinance Designating December 24, 2007 As A Legal Holiday (2) P. O. No. 5813 - An Ordinance Repealing Ordinance No. 07-64 And Authorizing A Special Warranty Deed Of Property To Lutheran Affordable Housing Corporation s AGENDA NOVEMBER 6, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED C. *Reports And Recommendations (1) September, 2007 Financial Report (2) Report Of Holiday Meeting Schedule (3) Report From Jefferson County Appraisal District Regarding Properties In City In Which Back Taxes Are Owed (Requested By Councilmember Williamson) (4) Report On Hurricane Housing Recovery Funds (5) Report On The Small Business Enterprise/Minority And Women Owned Business Enterprise (SBE/MWBE) Program (Requested By Councilmember Chatman) (6) Report On Trash Pickup "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 6 AGENDA NOVEMBER 6, 2007 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(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 Meetin (1) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To Entergy (2) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Of Worsham, Et AI V. City Of Port Arthur And Pleasure Island Commission (3) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Of Intercoastal Golf, L.L.C. V. City Of Port Arthur, Et AI (4) Section 551.072 Government Code - To Discuss The Value Of Land Managed By The Pleasure Island Commission, Including, But Not Limited To, The Land Adjacent To The Golf Course, The Marina, And Other Land On The Island (5) Section 551.074 Government Code - To Discuss Duties And Evaluation Of The City Manager, City Secretary, And City Attorney (6) Section 551.087 Government Code - To Discuss Incentives For Business Prospects For Commercial, Residential And Industrial Prospects (7) Section 551.087 Government Code - To Discuss Incentives For Business Prospects On Pleasure Island (8) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Legacy *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA NOVEMBER 6, 2007 X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Items For Future Agenda Consideration Or Reports From Staff May Be Requested But No Discussion Of Any Vtem Or Request Shall Take Place XI. ADJOURNMENT OF MEETING RULES OF DECORUM -PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. 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. 3. Improper References, Disorder/y 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, 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. 4. Addresses After Motion Made or Pub/ic 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 consideration without first securing permission to do so by majority vote of the City Council. 5. 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 ordered on a ballot for election. 6. 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. 7. 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. 8. Persons Having Comp/aims, A/legations, or Charges Against Individual 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. ENFORCEMENT OF DECORUM Warning, All persons shall at the request of the Presiding Officer, be silent. Remova/. If, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such Officer may order him to remove himself from the meeting. If he does not remove himself, the Presiding Officer may order the Sergeant-at0arms to remove him. Resisting Removal. Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. Motions To Enforce, Any Councilmember may move to require the Presiding Officer to enforce this division, and the affirmative vote of a majority of the Council shall require him to do so. 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 Reauestin4 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 citizen 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 for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.