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.