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HomeMy WebLinkAboutOCTOBER 15, 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 "SHANE" SINEGAL C~ty of Texas STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY AGENDA City Council Regular Meeting October 15, 2002 8:30 A.M. RO, BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 - 409/983-8115 · FAX 409/983-8291 II. CITY COUNCIL MEETING City Hall Council Chamber City Of Port Arthur October 15, 2002 8:30AM ROLL CALL, INVOCAT1'ON & PLEDGE Hayor Ortiz Hayor Pro Tern Henderson Councilmember Hannah Councilmember Barker Councilmember Gillam III Councilmember Linden Councilmember Bowers Councilmember Chaisson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAMATIONS & MINUTES Hinutes - Regular Meeting Held October 1, 2002 III. PETITIONS & COMMUNICATIONS A. Presentation Student Essays Commemorating September 11, 2001 (Requested By Councilmember Linden) B. Speakers (1) Harold Guidry And Janet Cline Regarding 2002-2003 City Of Port Arthur United Way Campaign (2) Virginia Dudley Schoolfield Regarding Water Economic Development Corporation (3) Irving Escagne Regarding Financial Concerns Development Corporation (4) Darrell Richard Regarding Air Pollution And Drainage Billing And The Of The Economic C. Correspondence - None AGENDA OCTOBER 15, 2002 1*V. PUBLLC HEAR/NGS - 9:00AI~! None UNFt'N?SHED BUS?NESS The Following Items Of Business Were Held From Previous Meetings At Which No Action Was Taken On These Items: (1) P. R. No. 11939 - A Resolution Appointing Regular And Advisory Directors To The City Of Port Arthur Section 4A Economic Development Corporation. (2) P.R. No. 11953 - A Resolution Pertaining To The Wage Range And Step For The Executive Director Of The Section 4A Economic Development Corporation. 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. Consideration And Approval Of A Request From The Jefferson County Tax Assessor-Collector For The Waiver Of Penalties And Interest In The Amount Of $327.26 On Six Accounts Which Have Been Accepted As Payment. Consideration And Approval Of Payment To The Southeast Texas Regional Planning Commission In The Amount Of $22,931.87 For Fiscal 2003 Dues And Program Support. 2 AGENDA OCTOBER 15, 2002 V?. CONSENT AGENDA - (CONT]~NUED) Consideration And Approval For The Purchase Of Six Co, piers From Minolta Corporation (Through The State Of Texas) In The Amount Of $38,980 Plus A Maintenance Cost Of $7,110 Totaling $46,090 For The Library, Purchasing And Police Departments. Authorization To Dispose Of A Totally Destroyed Animal Control 1/2- Ton Pickup Truck (Equipment #1346) And Transfer The Title To A Wrecker Service To Process This Vehicle For Scrap. Consideration And Approval Of Awarding A Bid For A Proximity Card Entry Access Control System To TriStar Electronics, Controls & Automation Of Houston, Texas In The Amount Of $25,907 For The Police Department. Consideration And Approval Of Payment To Computer Information Systems, Inc., Of Skokie, IL In The Amount Of $6,000 For A Maintenance Contract For The Police Department's CAD System. Consideration And Approval Of Payments Totaling $5,520.72 For Services Rendered By The Staff Of The PAISD During The Evacuation And Re-Entry Due To Hurricane Lili. H. Approval Of Expense Accounts: Mayor Oscar G. Ortiz:. Use Of Personal Automobile On City Business In Town, September, 2002 Out Of Town, September, 2002 $100,00 $ 40.52 Councilmember Felix Barker: Use Of Personal Automobile On City Business In Town, September, 2002 $100.00 City Attorney Mark Sokolow.' Use Of Personal Automobile On City Business In Town August 19 - October 1, 2002 $ 32.49 AGENDA OCTOBER 15, 2002 VI. CONSENT AGENDA - (CONTI'NUED) Resolutions - Consent P. R. No. 11956 - A Resolution Rejecting Bids For 3anitorial Services And Authorizing The Third Year Of The Existing Janitorial Services Contract For The Utility Operations Service Center Approved On October 31, 2000 With Southeast Texas Building Services, Of Nederland For A Sum Not To Exceed $6,059.40. . Account No. 410- 1254-532.59-00. (2) P. R. No. 11957 - A Resolution Awarding A Contract To Provost Demolition & Construction In The Amount Of $11,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Five Dangerous Residential Properties (Group A), To Be Charged To Account No. 105-1431-552.59-00, Project No. C28120. (3) P. R. No. 11958 - A Resolution Awarding A Contract To Provost Demolition & Construction In The Amount Of $8,300.00, And Authorizing The Execution Of A Contract For The Demolition Of Four Dangerous Residential Properties (Group B), To Be Charged To Account No. 105-1431-552.59-00, Project No. C28120. (4) P. R. No. 11959 - A Resolution Awarding A Contract To Provost Demolition & Construction In The Amount Of $10,100.00, And Authorizing The Execution Of A Contract For The Demolition Of Four Dangerous Residential Properties (Group C), To Be Charged To Account No. 105-1431-552.59-00, Project No. C28120. (s) P. R. No. 11960 - A Resolution Awarding A Contract To Provost Demolition & Construction In The Amount Of $9,500.00, And Authorizing The Execution Of A Contract For The Demolition Of Four Dangerous Residential Properties (Group E), To Be Charged To Account No. 105-1431-552.59-00, Project No. C28120. (6) P. R. No. 11961 - A Resolution Awarding A Contract To Coastal Demolition THC., In The Amount Of $7,150.00, And Authorizing The Execution Of A Contract For The Demolition Of Four Dangerous Residential Properties (Group D), To Be Charged To Account No. 105-:~431-552.59-00, Project No. C28:~20. AGENDA OCTOBER 15, 2002 VI. CONSENT AGENDA - (CONTINUED) (7). P. R. No. 11966 - A Resolution Authorizing The City Manager To Enter Into A Contract With RWL & Associates For Risk Management Consulting Services At The Not To Exceed Cost Of $18,000 For The 2002-2003 Fiscal Year. Funding By: General Liability ]Insurance Fund: 612-1702-581.52-00. (8) P. R. No. 11967 - A Resolution Authorizing The City Manager To Execute An Oil & Gas Lease Between The City Of Port Arthur And Aspect Resources, L.L.C. (9) P. R. No. 11969 - A Resolution Authorizing The Mayor And City Manager To Execute Change Order 5, Decreasing The Contract By $35,263 To A New Contract Amount Of $629,180 For The Contract Dated November 27, 2001 Between The City Of Port Arthur And SeTEX Corporation Of Beaumont, Texas For The Rehabilitation Of The City-Owned Building At 441 Austin Avenue For The Health Clinic Facility. Funding Being Available In FY 2003 Account No. 301- 1601-591.89-00 CIP 170 And Other Accounts. P. R. No. 11970 - A Resolution Authorizing The Director Of Utility Operations To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals. VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No. 11943 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Praxair, Inc. (2) P. R. No. 11965 - A Resolution Authorizing The Executive Director Of Port Arthur Section 4A Economic Development Corporation To Pay Ralph Andersen And Associates For 'Professional Services And Expenses For Background Checks For Director/Office Manager Candidates For The Port Arthur Economic Development Corporation In The Amount Of $5,200. AGENDA OCTOBER 15, 2002 VII, ITEMS REQUIRING INDIVIDUAL ACTION NON CONSENT (CONTINUED) (3) (4) (1) (2) (3) (4) (5) P. R. No. 11968 - A Resolution Authorizing The City Manager And City Attorney To Negotiate An Agreement For Payment Of "In Lieu Of Ad Valorem Taxes" As It Pertains To ALT Affordable Housing Services, Inc., And To Pay UDAG Notes. (Requested By Mayor Pro Tem Henderson) P. R. No. 11974 - A Resolution Approving A Compliance Audit To Be Performed By Gayle W. Botley & Associates And Authorizing The City Manager To Execute An Addendum. Ordinances P. O. No. 5289 - An Ordinance Designating December 26, 2002 As A Legal Holiday. P. O. No. 5290 - An Ordinance Adding Article XXII To Chapter 14 (Sections 14-682 And 14-683) Of The Code Of Ordinances As To Create A Youth Commission. P. O. No. 5291 - Changing Ordinances, In Their Entirety, Paragraph (B) (7) In Section 110-61 Of Division 2 (Connections) Of Article II (Water) And Paragraph (5) In Section 110-168 Of Division 2 (Connections) Of Article III (Sewer) Of The Code Of Ordinances, City Of Port Arthur; Said Changes Repeal All Ordinances And Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Hereof. P. O. No. 5293 - An Ordinance Amending Section 78-53 Of The Code Of Ordinances As It Pertains To Pay/Benefits For Non-Exempt Essential Workers Who Work During Inclement Weather. P. O. No. 5294 - Changing Section 18-35 Building Permit Fees Of The Code Of Ordinances (Relating To Economic Incentive Program For New Construction). Said Changes Repeal All Or Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Hereof. AGENDA OCTOBER 15, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION NON CONSENT (CONTINUED) (6) P. O. No. 5295 - An Ordinance Adding Section 86-83 To The Code Of Ordinances As It Pertains To Commercial Wholesale Refuse Customers. (7) P. O. No. 5296 - An Ordinance Authorizing The City Manager To Execute A Developer Participation Contract Between The City Of Port Arthur And Big Wheel Development, Inc. (8) P. O. No. 5297 - An Ordinance Authorizing The City Manager To Enter Into A Developer Participation Contract With Icon Contractors, LLC. C. *Reports And Recommendations (1) August, 2002 Financial Report (2) Pleasure Island Golf Course Report (3) Report On City Of Port Arthur Employees & Retirees Picnic To Be Held At Logan's Park On November 16, 2002 *The City Council C.an 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 & COMMI'['rEES None AGENDA OCTOBER 15, 2002 TX. *CLOSED MEETING (EXECUTZVE SESSTON) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code EFormerly Article 6252-17, Section 2(a)l, 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 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To 2375 Lavender. (2) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation Of Mr. Mills Against The City And The Economic Development Corporation. (3) 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. (4) Section 551.087 Government Code - To Discuss Incentives For Residential, Industrial, Healthcare And Commercial Business Prospects. *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA OCTOBER ~.5, 2002 FUTURE AGENDA TI'EMS 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. Xl'. AD3OURNMENT OF MEETI'NG 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 TONG OF VOICE FOR THE RECORDS1 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. [~ISORDERLY CONDUCT BY PERSON ADDRESSING THE COUNCIL: ANY PERSON MAKING, EXPRESSLY OR IMPIEDLY, PERSONAL, IMPERTINENT, SLANDEROUS. DEROGATORY, DISCOURTEOUS, SNIDE, OR PROFANE REMARKS OR WHO W~LLFULLY U~-~ERS 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. ADDRESSES AFTER 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. 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. E}ISORDERLY 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 IIGHTING. 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. 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 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. 'ISPECIFiC 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.