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HomeMy WebLinkAboutOCTOBER 1, 2002OSCAR G. ORTIZ, MAYOR THOMAS J. HENDERSON, MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH FELIX A. BARKER TOM GILLAM, III REV RONNIE LINDEN BOB BOWERS ROSE MITCHELL CHAISSON MICHAEL "SNANE" SINEGAL City of T~xfls STEPHEN FIT2GIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CiTY ATi-ORNEY AGENDA City Council Regular Meeting October 1-, 2002 5:30 P.M. RO. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 · 409/983-8115" FAX 409/983-8291 CITY COUNCIL MEETING City Hall Council Chamber City Of 'Port Arthur October 1, 2002 5:30PM II. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Henderson Councilmember Hannah Councilmember Barker Councilmember Gillam ]:Ti Councilmember Linden Councilmember Bowers Councilmember Chaisson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes - Regular Meeting Held September 17, 2002 III. PETITIONS & COMMUNICATIONS A. Sl~eakers (1) R.E. Williamson Regarding Denial Of Benefits To Injured Police Officers And Firefighters - Concluding Remarks (2) Darrell ]. Gonzales Regarding Employee Non-Accrual Of Sick Leave And Vacation During An Injury (3) Darrell Richard Regarding Racism And Drugs In The Community B. Correspondence Establishing A Youth Commission (Requested By Councilmember Linden) AGENDA CONSENT OCTOBER 1~ 2002 IV. PUBLIC HEARINGS - 7:00PM None UNFINISHED BUSINESS The Following Items Of Business Were Held From Previous Meetings At Which No Action Was Taken On These Items: Resolution P. R. No. 1:~933 - A Resolution Appointing Alan Parker As An Alternate .~udge Of The Municipal Court To Act In'The Absence Of The Judge Of The Municipal Court. (Requested By Mayor Ortiz) V[. CONSENT AGENDA NO-I-~CE 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Separately Unless Requested' By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. Consideration And Approval Of Payment For Emergency Repairs To A :[996 GMC Tow Truck With Trailer (Equipment #1229) To Smart's Truck And Trailer Equipment, Inc., Of Beaumont, Texas In The Amount Of $~.0,722.92 For The Public Works Department (Solid Waste Division). Consideration And Approval To Reject All Bids Received For Grounds Maintenance (Group F) For The Utility Operations Department And Authorization To Re-Advertise For Bids. AGENDA CONSENT OCTOBER 1, 2002 VI. CONSENT AGENDA (CON'r[NUED) C. Approval Of Expense Accounts: Councilmember Felix A. Barker: Entergy Team City Conference, The Woodlands, Texas August 27-29, 2002 $351.09 Councilmember Rose Mitchell Chaisson: Use Of Personal Auto For City Business, August And September, 2002 $200.00 City Attorney Mark T. Sokolow Texas Constitutional Law Seminar, Austin, Texas September 25-26, 2002 $404.63 Resolutions - Consent (1) P. R. No. 11934 - A Resolution Approving The Award Of And Authorizing The City Manager To Execute Contracts For Vinyl Siding, Brick Masonp/ And Plumbing Installation For The Housing Assistance Division New Construction Activities. (2) P. R. No. 11936 - A Resolution Authorizing The City Of Port Arthur To Support A Selective Traffic Enforcement Grant (STEP) Which Would Provide Funds To Pay Port Arthur Police Officers Overtime To Conduct Traffic Enforcement In Areas Of The City Which Are At Risk For Traffic Accidents. (3) P. R. No. 11937 A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $4,158,410.90 For Water Line Rehabilitation Between The City Of Port Arthur And AIIco, Inc., Of Beaumont, Texas. Account No. 427- 1626-532.85-00; Project No. 427005. (4) P. R. No. 11941 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. AGENDA CONSENT OCTOBER 1, 2002 VI. CONSENT AGENDA (CONTINUED) (5) P. R. No. 11942 - A Resolution Authorizing An Amendment To The Port Arthur Neighborhood Action Council Community Development Project #C27105. The Contract Will Be Amended To Transfer $531.50 Balance From 105-1431-552.59-00 Project C26105 To Budget 105-1431-552.59-00, C27105. (6) P. R. No. 11944 - A Resolution Authorizing The City Manager To Execute An Interlocal Contract With The City Of Beaumont, Jefferson County, Jasper County And The Orange County District Attorney's Office To Secure Grant Funding From The State Of Texas Automobile Theft Prevention Authority For Operation Of The Southeast Texas Auto Theft Task Force. (7) P. R. No. 11946 - A Resolution Authorizing The Renewal' Of A Contract For Grass Cutting Services Of Privately-Owned And City- Owned Vacant Lots In An Area Of The City Designated As Area B. Charge To Account No. 001-1401-551.59.00. (8) P. R. No. 11947 - A Resolution Authorizing The Renewal Of A Contract For Grass Cutting Services Of Privately-Owned And City- Owned Developed Lots In An Area Of The City Designated As Area C. Charge To Account No. 001-1401-551.59-00. (9) P. R. No. 11948 - A Resolution Authorizing The Renewal Of A Contract For Grass Cutting Services Of Privately-Owned And City- Owned Vacant Lots In An Area Of The City Designated As Area C. Charge To Account No. 001-1401-551.59-00. (lO) P. R. No. 11949 - A Resolution Authorizing The Renewal Of A Contract For Grass Cutting Service.s Of Privately-Owned And City- Owned Developed Lots In An Area Of The City Designated As Area D. Charge To Account No. 001-1401-551.59-00. (11) P. R. No. 11950 - A Resolution Authorizing The Renewal Of A Contract For Grass Cutting Services Of Privately-Owned And City- Owned Vacant Lots In An Area Of The City Designated As Area D. Charge To Account No. 001-1401-551.59-00. .4 AGENDA CONSENT OCTOBER 1, 2002 VI, CONSENT AGENDA (CONTINUED) (12) P. R. No. 11952 - A Resolution Authorizing Amendment No. 1 To Project No. VCR 0202 (20) With The Texas Department Of Transportation To Provide For Additional Transit Capital Funds. (13) P. R. No. 11954 - A Resolution Directing The City Staff To Proceed With Construction Of The Hike And Bike Trail On Thomas Boulevard From Houston Avenue To Woodworth Boulevard, Funding Being Available In The FY 2003 Budget, Account No. 301-1601-591.89- 00; CIP 507. VII. ITEMS REQUII~NG INDIVIDUAL ACTION A. Resolutions P. R. No. 11938 - A Resolution Pertaining To The Revolving Loan Of Melba And Alien Watson. (2) P. R. No. 11939 - A Resolution Appointing Regular And Advisory Directors To The City Of Port Arthur Section 4A Economic Development Corporation. (3) P. R. No. 11940 - A Resolution Reconsidering Resolution No. 02- 255 As It Pertains To Requesting Senator David Bernsen And Representative Joseph Deshotel And Representative Allen Ritter. As Well As The Texas Municipal League ('I'ML), To Endorse A Bill To Amend Sections 143.045 And 143.046 Local Government Code Regarding The Accrual Of Sick Leave And Vacation Leave As It Pertains To Civil Service Employees. (4) P. R. No. 11953 - A Resolution perth, ining To The Wage Range And Step For The Executive Director Of The Section 4A Economic Development Corporation. (5) P.R. No. 11954 - A Resolution Directing The City Staff To Proceed With Construction Of The Hike And Bike Trail On Thomas Boulevard From Houston Avenue To Woodworth Boulevard, Funding Being Available In The FY 2003 Budget, Account No. 301-1601-591.89- 00, CIP 507 AGENDA CONSENT OCTOBER i, 2002 VII, ITEMS REQUIRING INDIVIDUAL ACTION - CONTINUED (6) P.R. No. 11963 - A Resolution Authorizing The City Attorney, City Manager, And The Director Of Finance To Negotiate An Amendment To The Contract With Gayle W. Botley & Associates As To Include A Compliance Audit Of The EDC Operations. (7) P. R. No. 11964 - A Resolution Authorizing The City Attorney, City Manager, And The Director Of Finance To Negotiate A Contract With Briggs & Veselka Co. To Do Compliance Audit Of The EDC Operations. B. Ordinances None C. *Reports And Recommendations Report On Pleasure Island Golf Course (Requested By Councilmember Hannah) Report On Potential General Obligation Refunding Bonds. *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 & COMMII'rEES None 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: ~6 AGENDA OCTOBER 1, 2002 IX. CONSENT *CLOSED MEETI'NG (EXECUT'ZVE SESS][ON - CONTINUED) "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 Tncentives Closed Meeting: (1) Section 551.087 Government Code To Discuss Economic Incentives As It Pertains To The Business Prospect, Praxair. (2) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Acceleration And Collection (Litigation) Of Notes As It Pertains To Revolving Loans And Restructuring Options. (3) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To Amstar Ambulance Group Port Arthur, Inc. (4) Section 551.071 Government Code - To Discuss With The City Attorney Prospective And Pending Litigation As It Pertains To The International Association Of Fire Fighters. (5) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Claim Of Iglacious "Ike' Mills. (6) Section 551.072 Government Code - To Discuss The Value Of Land On The West Side. (7) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Of The City Vs. Eastex Waste. (8) Section 551.071 & 551.087 Government Code - To Discuss With The City Attorney The Collection Of UDAG Notes And Economic Incentives As It Pertains To Apartment Complex Properties. AGEN DA CONSENT OCTOBER 1, 2002 IX, *CLOSED MEETING (EXECUT'[VE SESSION - CONTINUED) *The Ttems :in Executive Session Nay Be Discussed And Acted On :In Open Session FUTURE AGENDA ?TEMS 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. AD3OURNMENT OF MEETING NOTE: :if Evening Meeting Extends Past ll:59PiVl, The City Council May Elect To Recess The Meeting And Reconvene At 8:30APl On October 2, 2002. During The Recess, No Actions Will Be Taken On Any Ttem Of Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, All :in Accordance With The Open Meetings Law. ~8 RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS RECOGNITION BY PRESIDING OFFICER. NO PERSON SHALL ADDRESS THE COUNCIL WITHOUT FIRST BEING RECOGNIZED BY THE PRESIDING OFFICER. 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 MEMBERS OF THE COUNCIL, WITHOUT ~HE PERMISSION OF THE PRESIDING OFFICER. IMPROPER REFERENCES, DISORDERLY CONDUCT BY PERSON ADDRESSING THE COUNCIL; ANY PERSON MAKING, EXPRESSLY OR IMPIEDLY, PERSONAL, IMPERTINENT, SLANDEROUS, DEROGATORY, DISCOURTEOUS, SNIDE, OR PROFANE REMARKS OR WHO WILLFULLY UTTERS LOUD, THREATENING OR ABUSIVE LANGUAGE, OR ENGAGES, IN ANY DISORDERLY CONDUCT WHIC.H 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. ADDRESSES AF-FER MOTION MADE OR PUBLIC 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. C/~fPAIGN 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. 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. 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. PERSONS HAVING COMPLAINTS, ALLEGATIONS, 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 SHOW THAT HE HAS PURSUED APPROPRIATE ADMINISTRATIVE CHANNEL. RULES OF PROCEDURE THE CITY SECRETARY SHALL MAKE PUBLIC, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS LAW, AND AGENDA CONTAINING ALL BUSINESS TO BE DISCUSSED AT A MEETING OF THE CITY COUNCIL. PERSONS REQUESTING 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. AF-rER 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 PERSON 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.