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HomeMy WebLinkAboutJanuary 2, 2008DELORIS "BOBBIE" PRINCE, MAYOR MICHAEL "SHANE" SINECAL, MAYOR PRO-TEM COUNCIL MEMBERS: JACK CHATMAN, JR. CAL JONES THOMAS J.HENDERSON MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON WILLIE `BAE" LEWIS City of ,.y„'~,~~.~~ ort Arth r ,/ Texas AGENDA City COUncil Regular ~Vleeting January 2, 2008 8:30 a.m. MARK T. 50KOLOW 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. STEPHEN FITZCiBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY P.O. BOX 1089 • PORT ARTHUR, TEXAS 77641-1089.4091983-8115 • FAX 409/9$3-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur January 2, 2008 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 Acting City Secretary Hanks _ City Attorney Sokolow I{. PROCLAMATIONS & MINUTES Proclamations None Minutes November 14, 2007 -Special Meeting November 20, 2007 -Regular Meeting November 20, 2007 -Special Meeting November 27, 2007 -Joint PAHA/Council Special Meeting III. PETITIONS & COMMUNICATIONS A. Presentations None B. Speakers Andre Jamison Regarding Water Nleters And Final Cut Off C. Correspondence None AGENDA JANUARY 2, 2008 IV. PUBLIC HEARINGS - 9:00 AM (1) To Consider Whether Or Not To Issue A Permit To Golden Pass Pipeline, LLC For The Installation Of A 42" Natural Gas Pipeline Within The Corporate Limits Of The City Of Port Arthur (2) To Consider Whether Or Not To Issue A Permit To Sunoco L.P. Pipeline For The Installation Of A 30" Crude Oil Pipeline Within The Corporate Limits Of The City Of Port Arthur V. UNFINISHED BUSINESS The Following Item Of Business Was Helci 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 E3een 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 e;y 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 1n Its Normal Sequence Aiter The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Consideration And Approval Of Payment To The United States Conference Of Mayors, Washington, DC In The Amount Of $5,116 For Membership Dues B. Consideration And Approval Of Payment To Texas Commission On Environmental Quality (TCEQ) In The Amount Of $6,809.98 For The Annual Water System Fee C. Consideration And Approval Of Awarding A Bid To K&K Systems, lnc., Verona, MS In The Amount Of $11,100 (Buffer-Zone Protection Grant) For A Solar Assisted Mini Message Board For The Police Department D. Consideration And Approval Of Awarding A Quote To Phi/pott Motor Company, Nederland, TX (Through HGAC) In The Amount Of $23,017 For The Purchase Of Four (4) Service Bodies And Thirteen (13) Strobe Beacons For The Public Works Department E. Expense Report City Attorney Mark T. Sokolow: Attend Examining & Resolving Titles Issues Seminar The Woodlands, TX December 13, 2007 $470.60 AGENDA JANUARY 2, 2008 VI. CONSENT AGENDA -CONTINUED Resolutions -Consent (1) P. R. No. 14493 - A Resolution Authorizing The Execution Of Pipeline Permit 07-06 From The City Of Port Arthur To Golden Pass Pipeline LLC Of Houston, Texas For The Installation Of A 42" Natural Gas Pipeline Within The Corporate Limits Of The City Of Port Arthur, Beginning At Sabine Pass And Extending Northerly Through Jefferson, Orange, And Newton Counties And Into Calcasieu Parish, Louisiana (2) P. R. No. 14497 - A Resolution Authorizing The Execution Of Pipeline Permit 07-05 From The City Of Port Arthur To Sunoco Pipeline L.P. Of Sugar Land, Texas For The Installation Of A 30" Crude Oil Pipeline Within The Corporate Limits Of Port Arthur To Begin At Sunoco Pipeline Terminal In Nederland, Texas And. Extend In A Southerly Direction In An Established Pipeline Corridor To State Highway Spur 136 Where It Will Turn In A Westerly Direction And Terminate At The Motiva Tank Farm Adjacent To Savannah Avenue (3) P. R. No. 14501 - A Resolutlion Authorizing Acceptance Of The Contractor's Certificate And Release And Contractor's Certificate Of Guarantee From Icon Builders, LI_C For WGN Estates And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (4) P. R. No. 14502 - A Resolution Authorizing Acceptance Of The Contractor's Certificate And Release And Contractor's Certificate Of Guarantee From SER Construction Partners, Ltd. For Dominion Ranch Section 2 And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (5) P. R. No. 14504 - A Resolution Authorizing The City Manager To Enter Into An Amended Grant Agreement With The Texas Department Of Transportation For Fiscal Year 2008 Port Arthur Transit System Operating Fund Assistance (6) P. R. No. 14505 - A Resolution Authorizing The 1st Year Renewal Between The City Of Port Arthur And Park Avenue Cleaners Of Port Arthur In Area "A" And Quality Cleaners Of Port Arthur In Area "B" For The Cleaning Of Police Uniforms .For The Estimated Amount Of $36,000 Annually, Funds Will Be Allocated (From Account #001-1101-521.26-00 AGENDA JANUARY 2, 2008 VI. CONSENT AGENDA -CONTINUED (7) P. R. No. 14506 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Bob Shaw Consulting Engineers For Engineering Services Not To Exceed $131,538 Related To The Sanitary Sewer Evaluation Survey Update. Account No. 426-1625- 532.53-00, Project No. 426010 (8) P. R. No. 14508 - A Resolution Suipporting A Request For Grant Funding From The Southeast Texas Regional Planning Commission VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions None B. Ordinances (1) P. O. No. 5778 - An Ordinance Amending Chapter 18 (Buildings) Article 2 Building Codes Section 18-31, Se~~ion 18-32, And Section 18-37 Of The Code Of Ordinances Of The Ci1ry Of Port Arthur, As To Adopt The International Building Code, 2006 Edition Published By The International Code Council Inc.; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars, As Provided In Section 18-43 Of The Code Or As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication (2) P. O. No. 5779 - An Ordinance Amending Article XIII Section 18-261 Of The Code Of Ordinances Of The City Of Port Arthur As To Adopt The 2006 International Residential Code And Local Amendments Thereto, With A Penalty Not To Exceed $2000 Per Violation And Providing For The Publication Thereof (3) P. O. No. 5822 - An Ordinance caranting An Excavation Permit Issued Pursuant To Article VII (Excavations) Of The Code Of Ordinances Of The City Of Port Arthur To V. Investmeint, LLC. Located On The South Side Of Hwy 365, West Of Main "C" (4) P. O. No. 5828 - An Ordinance .4s It Pertains To The Communication Tower Use (5) P. O. No. 5829 - An Ordinance Approving A Sale Of Land As To A Portion Of Pleasure Islet And Authorizing l-he City Manager To Execute A Special Warranty Deed 4 AGENDA JANUARY 2, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (6) P. O. No. 5830 - An Ordinance Amending Chapter 18 Article IV Section 18-261 And Section 18-262 Of The Gas Code To The Code Of Ordinances Of The City Of Port Arthur As To Adopt The 2006 International Gas Code; Said Changes Repeal All Or Parts Of Ordinances In Conflict Herewith; And Declaring, The Effective Date Hereof. (7) P. O. No. 5831 - An Ordinance Amending Chapter 18 Article V Plumbing Code Section 18-291 And Section 18-292 Adopting The 2006 International Plumbing Code To The Code Of Ordinances Of The City Of Port Arthur; Providing Certain Amendments Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars, As Provided In Section 18-43 Of The Code Or Otherwise Imposed By State Law; Said Changes Repeal All Or Parts Of Ordinances 1n Conflict Herewith; And Declaring The Effective Date Hereof C. '`Reports And Recommendations Report On South County Ecoinomic Development (Requested By Councilmember Flood) '`The City Council Can Act Ors Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional Information And Records VIII. REPORTS OF BOARDS 8~ COMMITTEE~t None AGENDA JANUARY 2, 2008 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 Sessior~ 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 C-evices Section 551.087 -Deliberations Regarding Economic Development Incentives ------------------------------------------------------------------------------------------------------------ Closed Meeting: (1) Section 551.087 Government (:ode - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (2) Section 551.072 Government Code - To Discuss The Value Of Land At Pleasure Islet `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 Iterr~ 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. 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, derogatoiry, 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 alloHred to address the City Council by making campaign speeches for or against any candidate who has announced or doers 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 Supplements! 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, Allegations, or Charges Ae~ainst Individual City Emp/oyeesr 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 administratiive 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 the:y, 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 iio 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 Reauesting 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 t:~ty 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 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.