Loading...
HomeMy WebLinkAboutDecember 4, 2007DELORIS "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 WILLIE "BAE" LEWIS AGENDA City Council Regular Meeting December 4, 2007 8:30 a.m. STEPHEN FITZGIBBONS CITY MANAGER EVANGELiNE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW C[TY 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 77641-1089.409/983-8115 • FAX 4091983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur December 4, 2007 8:30AM PLEASE TURN OFF OR MUTEALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Sinegal Councilmember Chatman Councilmember Jones Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Lewis City Manager Fitzgibbons City Secretary Green City Attorney Sokolow II. PROCLAMATIONS & MINUTES Proclamations -None Minutes -None III. PETITIONS 8~ COMMUNICATIONS A. Presentations Stormwater Permitting Presentation By Rick Masters, P.E., Of Carroll & Blackman, Inc. B. Speakers Betty Bernard Regarding Police Death Notification Procedures C. Correspondence None AGENDA DECEMBER 4, 2007 IV. PUBLIC HEARINGS - 9:00 AM None V. UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: P. O. No. 5821 - An Ordinance Adding Section 2-31 Subsection (e) To The Code Of Ordinances As It Pertains To Placing Items On Council Agendas Involving Funding 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Awarding A Bid To Fuqua Industries Of Rio Vista, TX In The Amount Of $42,365 For Five (5) 2 C.Y., Twenty-Five (25) 4 C.Y. & Thirty-Five (35) 8 C.Y. Commercial Containers For The Public Works Department (Solid Waste Division) B. Consideration And Approval Of Payment To The Greater Port Arthur Chamber Of Commerce In The Amount Of $7,500 For The City's Share Of The City's 2008 Community Calendars C. Expense Report Mayor Deloris "Bobbie" Prince: Attend TML Annual Conference In Dallas, Texas November 6 - 9, 2007 $ 1,166.68 Councilmember Jack Chatman: Attend NLC Annual Conference In New Orleans, Louisiana November 15 -17, 2007 $ 1,299.20 Councilmember Thomas J. Henderson: Attend NLC Annual Conference In New Orleans, Louisiana November 13 -17, 2007 $ 2,159.29 AGENDA DECEMBER 4, 2007 VI. CONSENT AGENDA -CONTINUED C. Expense Report Councilmember Robert "Bob" Williamson: Attend TML Annual Conference In Dallas, Texas November 6 - 9, 2007 $1, 820.20 Resolutions -Consent (1) P. R. No. 14421 - A Resolution Authorizing The Lease Of A Vacant Water Pump Station Located In Parcel #8 In The North Coleman League, Abstract #12 (2) P. R. No. 14459 - A Resolution Authorizing The Mayor To Accept An IPP- Port Security Grant Award In The Amount Of $506,250 For Fiscal Year 2007 For The City Of Port Arthur (3) P. R. No. 14461 - A Resolution Authorizing An Emergency Contract With Derrick Oil Company To Provide Services, Fuel, Lubricants, Tanks, Trucks, Goods And Equipment At 947 Procter And 1349 Austin Avenue, In The Case Of An Emergency Or Disaster (4) P. R. No. 14462 - A Resolution Authorizing An Emergency Contract With .lBS Packing, Inc. As To Provide Services, Supplies, Or Trucks In The Case Of An Emergency Or Disaster (5) P. R. No. 14463 - A Resolution Authorizing An Emergency Contract With DRD Pat Hotel, LTD D/B/A Holiday Inn As To Provide Services, Supplies, Accommodations, Or Conference Rooms In The Case Of An Emergency Or Disaster (6) P. R. No. 14464 - A Resolution Authorizing An Emergency Contract With Triangle Waste Solutions As To Provide Roll-Off Boxes For Garbage, Drinking Water, Portable Buildings, And Portable Toilets In The Case Of An Emergency Or Disaster (7) P. R. No. 14465 - A Resolution Authorizing An Emergency Contract With Market Basket For Goods And Services In The Case Of An Emergency Or Disaster (8) P. R. No. 14466 - A Resolution Authorizing An Emergency Contract With Ramada Inn Of Port Arthur As To Provide Services, Supplies, Or Accommodations In The Case Of An Emergency Or Disaster AGENDA DECEMBER 4, 2007 VI. CONSENT AGENDA -CONTINUED (9) P. R. No. 14467 - A Resolution Authorizing An Emergency Contract With American Legion Post 7 To Provide Use Of Their Facilities At 3750 Memorial, 1n The Case Of An Emergency Or Disaster (10) P. R. No. 14468 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (11) P. R. No. 14469 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of The Property Damage Subrogation Claim In The Amount Of $44,987.51 Made Against Walter Oliver, Jr. And Farmers Insurance Group (12) P. R. No. 14470 - A Resolution Authorizing Change Order No. (2) Of The Contract Between The City And Pick Two Contractors, Inc. Of Port Arthur, Texas For The RenovationlRepairs Of The Second (2~d) Floor Of The Health Department For A Sixty (60) Day Extension. The New Completion Date Will Be January 31, 2008 (13) P. R. No. 14471 - A Resolution Supporting Proposed Railroad Crossing Improvements By The Kansas City Southern Railway And The Texas Department Of Transportation For Railroad Crossings At W. 17th Street And W. 18th Street (14) P. R. No. 14472 - A Resolution Authorizing The City To Purchase A Mobile Command Center For The Police Department And The Fire Department From E-One, Inc. Of Ocala, Florida In The Amount Of $675,000 Funds Will Be Allocated From Account #625-1801-522.92-00 (15) P. R. No. 14475 - A Resolution Authorizing The City Manager To Execute An Amended Agreement With The Southeast Texas Interfaith Organization For The TDHCA Disaster Recovery Program (16) P. R. No. 14476 - A Resolution As It Pertains To Support For The First Annual Cultural Lighted Holiday Parade Acct. No. 001-1001-512.59-00 (Requested By Mayor Prince) (17) P. R. No. 14477 - A Resolution Rescinding A Contract Award To AAR, Inc. And Awarding A Contract To Inland Environments, Ltd. In The Amount Of $26,880.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of One (1) Dangerous Commercial Building Located At 6105 West Port Arthur Road, To Be Charged To Account No. 132-1021-514.59-00, Project No. SSBG03 (18) P. R. NO. 14479 - A Resolution Approving The Invoice From The Jefferson County Clerk's Election Division In The Amount Of $13,967.26 For The Costs Associated With The November 6, 2007 Joint Special Election 4 AGENDA DECEMBER 4, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14473 - A Resolution Authorizing The Execution Of A Contract For Professional Services Between The City Of Port Arthur Section 4A Economic Development Corporation And Arceneaux & Gates Consulting Engineers, Inc., For Engineering, Surveying, Technical And Related Services For Design And Construction Of Phase II Services For New Roadways, Utilities And Drainage At The City Of Port Arthur Section 4A Economic Development Corporation Business Park (The "Spur 93 Business Park") (2) P. R. No. 14474 - A Resolution Approving A Public Broadcast Agreement Between Radio Station KSAP-107.1 LPFM "The Breeze" And The City Of Port Arthur Section 4A Economic Development Corporation B. Ordinances None C. *Reports And Recommendations (1) Report On Fall Youth Empowerment Workshops, Keynote Speaker Rev. Eugene Rivers, III. (2) Report On Hurricane Recovery Funding (3) Report On Pleasure Island Marina (4) Report On Job Fair Held On November 28, 2007 At Robert A. "Bob" Bowers Civic Center *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 5 AGENDA DECEMBER 4, 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 Meeting: (1) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (2} Section 551.071 Government Code - To Discuss Pending Litigation Between Worsham, Et AI, The City Of Port Arthur, And The Pleasure island Commission (3) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation Of The State Of Texas Vs. The City Of Port Arthur (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As To Companies That Fail To Abide By Ordinance No. 07-81 And Fail To Apply For A Permit (Metal Recycling Facilities) (5) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation Of The City Of Port Arthur Vs. Entergy (6) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To Twin City And Groves *The Items In Executive Session May Be Discussed And Acted On In Open Session X. FUTURE AGENDA ITEMS 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. ADJOURNMENT OF MEETING 6 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. Speak/ng 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. Disorder/y 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-at-arms to remove him. Resisting Remova/, 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 RecLuesting To Be Heard On Aaenda 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 Aaenda 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.