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HomeMy WebLinkAbout04/22/08 REGULARDELORIS "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. WILL[AMSON WILLIE "BAE" LEWIS AGENDA City Council Regular Meeting Apri122, 2008 8:30 a.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS ACTING 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. P.O. 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 April 22, 2008 8:30AM PLEASE TURN OFF OR MUTEALL CELL PHONES 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 Sergeant At Arms: Police Chief Blanton Or Designee PROCLAMATIONS & MINUTES Proclamations Month Of May, 2008 - "Motorcycle Safety And Awareness Month" Minutes III. PETITIONS 8 COMMUNICATIONS A. Speakers (1) Michael Collins Regarding Travel Brochure Created By The St. Catherine School 2nd Grade Class (2) Evelyn Marshall Regarding The City's Health Coverage (3) Pete De Le Cruz Regarding 9-1-1 Equipment Installation B. Presentations Presentation By Police Chief Mark Blanton Regarding Crime Statistics C. Correspondence None AGENDA APRIL 22, 2008 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: 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 SKR Construction, Port Arthur, TX In The Amount Of $13,790 To Complete The Remodeling Of The Police Station B. Consideration And Approval Of Payment To Beaumont Freightliner, Beaumont, TX In The Amount Of $7,303.34 For Repair Parts For A 2005 Orion SLF Bus (Equipment #1572) C. Consideration And Approval Of Payment To Rura/Pipe & Supp/y, Jasper, TX In An Amount Not To Exceed $25,000 For The Purchase Of Small AMR Meters For The Utility Operations Department AGENDA APRIL 22, 2008 VI. CONSENT AGENDA -CONTINUED Resolutions -Consent (1) P. R. No. 14647 - A Resolution As It Pertains To Part II Of The Spring Youth Empowerment Workshop (May 14, 2008) To Be Facilitated By Jaime Escalante (Account No. 132-1021-514.56-00, Project No. SSBG02) (2) P. R. No. 14650 - A Resolution Authorizing The Assignment Of A Professional Services Contract To LT Systems, Inc. For Site Support Services For The City Of Port Arthur's Mainframe (A/S 400) Computer Systems (3) P. R. No. 14668 - A Resolution Accepting The Automatic Increase In Access Line Rates As Calculated By Public Utility Commission, As It Pertains To The Amount Of Revenues The City Will Receive And As It Pertains To Their Allocation Of Rates For Residential, Non-Residential And Point To Point Customers (4) P. R. No. 14671 - A Resolution Approving The Demolition And Clearance Of Ninety-Seven (97) Residential Properties That Were Damaged As A Result Of Hurricane Rita. The Texas Department Of Housing And Community Affairs Will Allocate Funding For The Activities. Account Number Is TDHCA 106-1425-571-59-00; Project Number RITA 01 (5) P. R. No. 14672 - A Resolution Awarding A Contract To Inland Environments, Ltd. In The Amount Of $29,400.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Five (5) Dangerous Commercial Buildings Located Throughout The City; To Be Charged To Account No. 303-1603-591.59-00, Project No. CIP614 (EDC Funds) (6) P. R. No. 14678 - A Resolution Authorizing Project Amendment No. 1 To The Texas Parks And Wildlife Department Outdoor Grant In The Amount Of $400,000.00 Authorized By Resolution No. 08-106 (7) P. R. No. 14679 - A Resolution Authorizing Project Amendment No. 1 To The Texas Parks And Wildlife Department Indoor Grant In The Amount Of $417,563.00 Authorized By Resolution No. 08-105 (8) P. R. No. 14680 - A Resolution Authorizing The City Manager To Accept A Reimbursement In The Amount Of $36,156.83 From The Texas Department Of Transportation For The Thomas Boulevard Hike & Bike Trail Project And Closing The Project AGENDA APRIL 22, 2008 VI. CONSENT AGENDA -CONTINUED (9) P. R. No. 14682 - A Resolution Authorizing The Public Works Department And Purchasing Division To Advertise For Bids To Reconstruct 90th Street To A Concrete, Open Ditch Roadway (10) P. R. No. 14688 - A Resolution Rescinding Resolution No. 07-478 In Its Entirety And Accept A Water Utility Easement From The Port Arthur Independent School District For The Construction, Installation, Laying, And Maintenance Of Water Utilities In The City Of Port Arthur (11) P. R. No. 14689 - A Resolution Authorizing Dohn LaBiche, AIA To Proceed With SETEX Construction Corporation To Provide Consultation Services On Behalf Of The City Of Port Arthur's Second Floor Renovation Project For The Health Department For An Amount Not To Exceed $4,280 (12) P. R. No. 14690 - A Resolution Authorizing The City Manager To Execute Contract Amendment No. 4 With The South East Texas Regional Planning Commission (SETRPC) For The Social Services Block Grant In The Amount Of $2,964,016 (13) P. R. No. 14692 - A Resolution Rescinding Resolution No. 08-102 And Authorizing The City Manager To Enter Into A new Agreement Between The City Of Port Arthur And AT&T Business Communications Services For A New Telephone System For The 2nd Floor Of The Health Department In The Amount Of $10,259.63 (14) P. R. No. 14694 - A Resolution Accepting A Utility Easement From Deborah Freeman For The Construction, Installation, Laying, And Maintaining Of Public Utilities In The City Of Port Arthur (15) P. R. No. 14695 -Nominating The Medical Center Of Southeast Texas, L.P. To The Office Of The Governor, Economic Development And Tourism ("OOGEDT") Through The Economic Development Bank ("Bank") For Designation As A Qualified Business And Enterprise Project ("Project") Under The Texas Enterprise Zone Program Under The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code ("Act") AGENDA APRIL 22, 2008 VI. CONSENT AGENDA -CONTINUED (16) P. R. No. 14697 - A Resolution As It Pertains To The Spring Youth Empowerment Workshop Breakout Sessions To Be Facilitated By Lynette Elizande Robinson (Account No. 132-1021-514.56-00, Project No. SSBG02) VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14646 - A Resolution As It Pertains To A Professional Services Agreement With The Museum Of Cultural Arts, Houston (MOCAH) As To The Commemorative Marker Project (Requested By Councilmember Beard) (2) P. R. No. 14663 - A Resolution Authorizing The Execution Of Pipeline Permits 08-01 And 08-02 From The City Of Port Arthur To HSC Pipeline Partnership, L.L.C. For The Installation Of Two (2) Product Lines And The Execution Of Pipeline Permits 08-03 Through 08-10 From The City Of Port Arthur To TE Products Pipeline Company, L.L.C. For The Installation Of Eight (8) Product Lines Within The Corporate Limits Of The City Of Port Arthur, Beginning Near The Northerly City Limits Located On The West Side Of West Port Arthur Road (Spur 93) Just South Of The BASF Plant Extending To The Southeast For A Distance Of 55,989 Feet, Terminating Within The Motiva Refinery Adjacent To Highway 82 (3) P. R. No. 14670 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $116,100.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Seven (7) Dangerous Commercial Buildings Located Throughout The City; To Be Charged To Account No. 303-1603-591.59-00, Project No. CIP614 (EDC Funds) (4) P. R. No. 14673 - A Resolution As To The Sale Of Approximately Five (5) Acres Of Land In The City Of Port Arthur Section 4A Economic Development Corporation Business Park To Port Arthur Partners, LLC (5) P. R. No. 14674 - A Resolution As It Pertains To Naming A Building Located At 3248 39th Street (Requested By Mayor Pro Tem Sinegal) (6) P. R. No. 14675 - A Resolution Authorizing The City Manager To Execute An Amended Lease Agreement Between J.B.S. Packing, Inc., And The City Of Port Arthur For Use Of The City's Commercial Dock AGENDA APRIL 22, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (7) P. R. No. 14677 - A Resolution As It Pertains To Property The City Of Port Arthur Section 4A Economic Development Corporation And The City Of Port Arthur Have An Interest In Adjacent To 4th Street (Requested By Mayor Prince) (8) P. R. No. 14681 - A Resolution As It Pertains To Requesting A Bill To Be Adopted By The Texas Legislature Regarding The Appointment Process To The Municipal Housing Authority (Requested By Councilmember Lewis) (9) P. R. No. 14683 - A Resolution Authorizing The City Of Port Arthur To Accept A Donation Of $25,000 From Exxon/Mobil Corporation For The Purchase And Creation Of An Amateur Radio Emergency Communications Trailer For The Police Department (10) P.R. No. 14684 - A Resolution Approving The Sale Of Approximately 5.0 Acres Of Land In The City Of Port Arthur Section 4A Economic Development Corporation Business Park To Lockwood Holdings, Inc. (11) P. R. No. 14685 - A Resolution Approving A Training Grant Agreement Between Lamar State College-Port Arthur And City Of Port Arthur Section 4A Economic Development Corporation (12) P.R. No. 14686 - A Resolution Approving An Economic Incentive Contract And Loan Agreement Between Team Fabricators, L.L.C. And The City Of Port Arthur Section 4A Economic Development Corporation (13) P. R. No. 14687 - A Resolution Amending Resolution No. 07-553 As It Pertains To Approving A Purchase Agreement Between City Of Port Arthur Section 4A Economic Development Corporation And Embree Asset Group, Inc. (14) P. R. No. 14691 - A Resolution As To SureTec And The Waste Water Treatment Building (15) P. R. No. 14696 - A Resolution Promoting An Honest And Constructive Dialogue As It Pertains To Decorum (Requested By Councilmember Flood) B. Ordinances (1) P. O. No. 5837 - An Ordinance Authorizing The City Manager And City Attorney To Transfer The Building And Lot At Memorial Boulevard And 32nd Street To The Truth & Education Corporation (Requested By Councilmember Beard And Councilmember Henderson) 6 AGENDA APRIL 22, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (2) P. O. No. 5873 - An Ordinance Awarding A Bid For The Sale Of Property Located At 3510 Lake Arthur Drive (3) P. O. No. 5877 - An Ordinance Authorizing An Extension As To The Commencement Date Of The Construction For LAR Properties, L.C. And Authorizing The Execution Of Amendment No. 1 (Requested By The City Manager) (4) P. O. No. 5878 - An Ordinance Amending Article VII (Excavations) Chapter 94 (Streets, Sidewalks And Other Public Places) Of The Code Of Ordinances Of The City Of Port Arthur To Provide Standards For Excavations In Support Of Farm Or Ranch Activities; Punishable As Provided In Section 1-13 Of The Code Of Ordinances, As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date (5) P. O. No. 5879 - An Ordinance Designating A Temporary Construction Speed Zone On US Highway 69, Providing For An Effective Date, And For Publication C. *Reports And Recommendations Report On Personnel Code Of Ethics (Requested By Councilman Beard) *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. *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: AGENDA APRIL 22, 2008 IX. *CLOSED MEETING (EXECUTIVE SESSION) -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 Incentives Closed Meetin (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To MetroCare (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To TEPPCO (3) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (4) Section 551.072 Government Code - To Discuss The Value Of Land And Building At 1924 W. Lakeshore Drive (Department Club) (5) Section 551.072 Government Code - To Discuss The Value Of Land And House At 3510 Lake Arthur (6) Section 551.072 Government Code - To Discuss The Value Of Land And Building At The Corner OF 32"d And Memorial (7) Section 551.072 Government Code - To Discuss The Value Of The City Dock Adjacent To The Intercoastal Canal (8) Section 551.074 Government Code - To Discuss With The City Attorney His Recommendations As To Realigning, Restructuring And Reorganization Of The City Attorney's Office, The Affiliated Litigation Support For The City As Well As The Legal Support Of The Affiliated City Entities *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 RULES OF DECORUM -PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding facer. 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 After 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/yConduci: No pennon 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/ogees: 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. 9. Acknowledgement ofspeake~ When a member of the public desires to speak before the City Council, they shall file a written request and sign an acknowledgement. If a person from the Public is called to speak before the City Council, that person shall also be requested to sign the acknowledgement before speaking. ENFROCEMENT 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 member of the public 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 ofFcer 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 Rgguestina 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 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.