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HomeMy WebLinkAboutDecember 18, 2007DELORIS "BOBBIE" PRINCE, MAYOR MICHAEL "SHANE" 5INECAL, MAYOR PRO-TEM COUNCIL MEMBERS: JACK CHATMAN, JR. CALJONES THOMAS J.HENDERSON MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON WILLIE "BAE" LEWIS Cil c AGENDA City Council Regular Meeting December 18, 2007 5:30 p.m. STEPHEN FITZGIBBONS CITY 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. P0. BOX 1089 • PORT ARTHUR, TEXAS 77641-1089.409/983-8115 • FAX 409/983-8291 City Council Meeting City Hali Council Chamber City Of Port Arthur December 18, 2007 5:30 PM 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 PROCLAMATIONS & MINUTES Proclamations December 18, 2007 - "First Captain Achord, Fire Captain Reid And Firefighter Nessour Day" Minutes (1) October 30, 2007 Special/Joint Meeting (2) November 6, 2007 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Presentations Dr. Janis Hutchins -Final Project Presentation B. Speakers -None C. Correspondence -None AGENDA DECEMBER 18, 2007 IV. PUBLIC HEARINGS - 7:00 PM None V. UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: 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 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Sungard HTE, /nc., Of Lake Mary, FL In The Amount Of $80,290 For The Annual Maintenance On The AS/400 Software For Period January 1, 2008 Through December 31, 2008 B. Consideration And Approval Of Payment To Sungard HTE, /nc., Of Lake Mary, FL In The Estimated Amount Of $8,500 For The Training For The Purchasing/Inventory Application Of The City's Central Computer System C. Consideration And Approval Of Awarding A Bid To Doo/ey Tackaberry Of Deer Park, TX In The Amount Of $22,775 For The Purchase Of Various Size Hoses For The Fire Department D. Consideration And Approval Of Awarding A Bid To Grayson Armature Of Orange, TX In The Amount Of $12,006.90 For A Vertical 300HP Motor For The Utility Operations Department (Wastewater Conveyance Division) AGENDA DECEMBER 18, 2007 VI. CONSENT AGENDA -CONTINUED E. Expense Report Mayor Pro Tem Michael "Shane" Sinegal: Attend National League Of Cities Annual Conference In New Orleans, Louisiana November 13-17, 2007 $ 2,504.96 Councilmember Cal Jones: Attend National League Of Cities Annual Conference In New Orleans, Louisiana November 13-15, 2007 $ 1,408.32 Councilmember Robert "Bob" Williamson: Attend Annual Texas Municipal League Conference In Dallas, Texas November 6-9, 2007 $ 1,482.33 Assistant City Secretary Terri Hanks Secretary Of State Election Law Seminar, Austin, TX November 27-30, 2007 $ 832.38 Resolutions -Consent (1) P. R. No. 14478 - A Resolution Awarding A Contract To ICU Environmental, Health & Safety For Asbestos Abatement Consulting Services, To Be Charged To Account No. 105-1431-552.54-00, Project No. C33120 (2) P. R. No. 14480 - A Resolution Authorizing The Director Of Utility Operations To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals (3) P. R. No. 14482 - A Resolution Authorizing The Payment Of An Invoice From Jefferson County As It Pertains To The November 6, 2007 Special Election (4) P. R. No. 14483 - A Resolution Authorizing The City Manager And Fire Chief To Apply For The 2007 Supplemental Port Security Grant (5) P. R. No. 14484 - A Resolution Approving The 2008 City Street Program And 33rd Year CDBG Street Program, In The City Of Port Arthur, With Funding Available In The FY 2008 General Fund Budget And The CDBG 33rd Year Project Budget AGENDA DECEMBER 18, 2007 VI. CONSENT AGENDA -CONTINUED (6) P. R. No. 14486 - A Resolution Authorizing The Calling Of A Public Hearing On Wednesday, January 2, 2008, At 9:00 A.M. To Consider Whether Or Not To Issue A Permit To Sunoco Pipeline, L.P. Of Sugarland, Texas For The Installation Of A 30" Crude Oil Pipeline Within The City Limits Of The City Of Port Arthur (7) P. R. No. 14487 - A Resolution Approving The Award Of Contracts For The Rehabilitation Of Seven (7) Houses To Rumm Construction Company In The Amount of $72,930; Stonewater, Inc., In The Amount Of $107,943 And Starco Solutions, LLC In The Amount Of $119,826.24, For A Grand Total Of $300,699.24 (8) P. R. No. 14488 - A Resolution Extending The Contract With DRC Emergency Services, LLC For Emergency Disaster Recovery Services (9) P. R. No. 14489 - A Resolution Authorizing A Product Sales Agreement With Total Petrochemicals USA, Inc. To Provide Certain Quantities Of Regular Conventional Gasoline And On-Road Diesel At Total's Port Arthur, Texas Refinery, In The Case Of A Disaster (10) P. R. No. 14491 - A Resolution Amending The FY 2007-08 Contract Between The City Of Port Arthur And The Department Of State Health Services, CPS-Bioterrorism Preparedness, Attachment 001A (11) P. R. No. 14492 - A Resolution Authorizing The City Of Port Arthur To Serve As The Fiscal Agent For A Public Health Regional Application For Public Health Emergency Preparedness Discretionary (Carry Over) Funding For Approximately $600,000 (12) P. R. No. 14494 - A Resolution Authorizing Execution Of A Professional Services Agreement In An Amount Not To Exceed Ten Thousand Dollars ($10,000), With Gray Consulting Group, On Behalf Of The Port Arthur Weed And Seed Initiative; Account No. 114-1051-517-59-00 (WS0601) (13) P. R. No. 14495 - A Resolution Authorizing Execution Of A Collaborative Agreement With Lamar State College -Port Arthur On Behalf Of The Port Arthur Weed And Seed Initiative, In An Amount Not To Exceed Thirty One Thousand Two Hundred Dollars 1;$31,200); Account No. 114-1051-517- 59-00, WS0601 (14) P. R. No. 14496 - A Resolution Authorizing Payment Of An Invoice For $36,323 For FY 2008 Computer Services From The Houston Area Library Automated Network (HALAN) (Account No. 001-1403-551.59-00) AGENDA DECEMBER 18, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14368 - A Resolution As It Pertains To Approving A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Embree Asset Group, Inc. (2) P. R. No. 14481 - A Resolution As It Pertains To Logan Park (3) P. R. No. 14490 - A Resolution Rescinding A Contract Award To K.H. Dugas Construction & Demolition In The Amount Of $14,900.00 For The Demolition Of Five (5) Dangerous Residential Properties (Group G); And Awarding Said Contract To Lark Group, Inc. In The Amount Of $15,800.00 To Lark Group, Inc., And Authorizing The Execution Of The Contract, To Be Charged To Account No. 132-1021-514.59-00, Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources (4) P. R. No. 14498 - A Resolution Approving The Sale Of Approximately Three (3) Acres Of Land In The City Of Port Arthur Section 4A Economic Development Corporation Business Park To Lange Brothers, Inc. For $106,500 (5) P. R. No. 14499 - A Resolution Approving The Sale Of Approximately Twp (2) Acres Of Land In The City Of Port Arthur Section 4A Economic Development Corporation Business Park To Excavators & Constructors, Ltd. In The Amount Of $71,000 (6) P. R. No. 14500 - A Resolution Pertaining To The Appointment Of An Acting City Secretary B. Ordinances (1) P. O. No. 5823 - An Ordinance Amending Section 2-31 Of The Code Of Ordinances As It Pertains To Placing Items On Council Agendas (Requested By Councilmembers Lewis, Chatman, And Beard) (2) P. O. No. 5825 - An Ordinance Approving A Sale Of Land As To A Portion Of Pleasure Islet And Authorizing The City Manager To Execute A Special Warranty Deed As To A Portion Of Pleasure Islet (3) P. O. No. 5826 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2007 And Ending September 30, 2008 To Move Funds From The City Attorney Budget To The Health Department Budget AGENDA DECEMBER 18, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT (CONTINUED) (4) P. O. No. 5827 - An Ordinance Amending Section 98-4 Of The Code Of Ordinances As It Pertains To The Definition Of Subdivisions C. *Reports And Recommendations (1) October, 2007 Financial Report (2) Report On City Council Retreat (3) Report On Hurricane Recovery Funding `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 IX. 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 X. ADJOURNMENT OF MEETING NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On December 19, 2007. 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 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 Alter Motion Made or Pub/ic Hearing C/osed, 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 Supp/ementa/ 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 Emp/oyees; 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. The chief of police, or such members of the police department as the presiding officer may designate, shall be sergeant-at-arms of the council meetings. He, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant-at-arms to remove from the meeting any person who intentionally disturbs the proceedings of the council. 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 Reauestinn To Be Heard On Aoenda 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 Aoenda Item, 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.