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HomeMy WebLinkAbout05-07-08 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. WILLIAMSON WILLIE "BAE" LEWIS Cis c AGENDA City Council Regular Meeting May 7, 2008 5:30 p.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 May 7, 2008 5:30PM 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 Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations (1) April 13-19, 2008 - "National Crime Victims' Rights Week" (2) Month of April - "Inspire Change Month" (3) May 7-13, 2008 - "Pawpaw Sunnyman Week" (Requested By Councilmember Beard) (4) May 7-13, 2008 - "Sabine Pass UIL Competition Week" (Requested By Councilmember Beard) (5) May 12-18, 2008 - "The End Of An Era Week" (6) May 12-20, 2008 - "National Tourism Week" And "Texas Tourism Week" Minutes III. PETITIONS & COMMUNICATIONS A. Speakers Audrey Levine Regarding Support Of Ellis Hospitality Center AGENDA MAY 7, 2008 III. PETITIONS & COMMUNICATIONS - (CONTINUED) B. Presentations (1) Presentation Regarding 2009 Budget Process (2) Presentation By Gayle Botley Regarding Creation And Maintenance Of Local Employees And Contractors Data Base & Audit Verification Of Information (3) Presentation By Ware & Associates As To MWBE And SBE Programs (Requested By Councilmember Beard) C. Correspondence -None 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. Consideration And Approval Of Payment To Sandifer's LP Gas Company, Port Arthur, TX In The Amount Of $27,382.50 For Propane Gas At The Transit Department Resolutions -Consent (1) P. R. No. 14693 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And Concrete Raising Corporation Of Houston, Texas For Raising And Rehabilitation Of Existing Concrete Slabs On A Unit Cost Basis For Various City Funded And CDBG Grant Funded Street Projects; Proposed Funding: Street Division Account No. 001-1203-531.36/86 And CDBG Street Project Accounts AGENDA MAY 7, 2008 VI. CONSENT AGENDA - (CONTINUED) (2) P. R. No. 14700 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (3) P. R. No. 14701 - A Resolution Authorizing The Approval Of A Financing Proposal For $449,144 From Chase Equipment Leasing To Lease/Purchase Fire Equipment (4) P. R. No. 14704 - A Resolution Approving The Use Of Teachers From The Community Prosecution Program For At-Risk Youth Programs In Coordination With Nonprofit Corporations (Requested By Councilmember Chatman) (5) P. R. No. 14705 - A Resolution In Support Of The Community Prosecution Program (Requested By Mayor Prince And Councilmember Beard) (6) P. R. No. 14706 - A Resolution Approving The Award Of Contracts For The Demolition And Reconstruction Of Fourteen (14) Houses To James W. Turner Construction, LTD In The Amount Of $1,019,005.00 (7) P. R. No. 14707 - A Resolution As It Pertains To The Kansas City Southern Railway Company (KCS) (Requested By Councilmember Lewis) (8) P. R. No. 14708 - A Resolution Accepting A Water Utility Easement From The Desselle-Maggard Corporation For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (9) P. R. No. 14709 - A Resolution Rescinding A Contract Award To Mexfil Construction & Management Services, LLC, In The Amount Of $11,200.00 For The Demolition Of Four (4) Dangerous Residential Properties (Group A); And Awarding Said Contract To Lark Group, Inc. In The Amount Of $14,100.00, 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 (10) P. R. No. 14710 - A Resolution In Support Of Englobal And Its Expansion Within The City Of Port Arthur (Requested By Councilmember Beard) (11) P. R. No. 14711 - A Resolution In Support Of Safe Driving Procedures (Requested By Councilmember Beard) (12) P. R. No. 14712 - A Resolution As It Pertains To Developing And Supporting International Business Affiliations With The Hawksen Corporation Of Taiwan (Requested By Councilmember Beard) AGENDA MAY 7, 2008 VI. CONSENT AGENDA - (CONTINUED) (13) P. R. No. 14715 - A Resolution Authorizing An Application To The U. S. Department Of Housing And Urban Development For Funding Under Section 108 In An Amount Not To Exceed 4.5 Million Dollars For Economic Development Activities VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14676 - A Resolution As It Pertains To Authorizing An Incentive Agreement With Ally Investments, LLC And NeoFuel USA, LLC (Requested By Councilmember Beard And Councilmember Chatman) (2) P. R. No. 14698 - A Resolution As It Pertains To Truth & Education, "The Breeze" Radio Station (Requested By Councilmember Beard) (3) P. R. No. 14699 - A Resolution In Support Of The Proposed Project Of NeoFuel USA, LLC And Ally Investments, LLC In The Recycling And Alternative Fuels Industry (Requested By Councilmember Beard) (4) P. R. No. 14703 - A Resolution Rescinding Resolution No. 08-171 As To The Nomination Of The Medical Center Of Southeast Texas, L. P. To The Office Of The Governor, Economic Development And Tourism ("OOGEDT") Through The Economic Development Bank For Designation As A Qualified Business And Enterprise Zone Project (Requested By Councilmember Beard) (5) P. R. No. 14713 - A Resolution Approving The Technical Assistance Agreement Between The City Of Port Arthur, Texas, The City Of Port Arthur Section 4A Economic Development Corporation And National Development Council (6) P. R. No. 14714 - A Resolution Approving An Economic Incentive Contract And Loan Agreement Between Orbital Insulation Corp. And City Of Port Arthur Section 4A Economic Development Corporation (7) P.R. No. 14716 - A Resolution As It Pertains To Approving Easements With Air Products, LLC As It Pertains To A 14" Hydrogen Pipeline B. Ordinances (1) P. O. No. 5874 - An Ordinance Authorizing The Purchase Price And Sale Of Approximately 18 Acres Of Land In The Vicinity Of Lake Arthur Drive AGENDA MAY 7, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT (CONTINUED) (2) P. O. No. 5882 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Creating Planned Development District-26 (PD-26) On Lot 7, Block 12, Montrose 1, Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is 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 (Z08-09 - RILEY) (3) P. O No. 5884 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2007 And Ending September 30, 2008 To Fund The Completion Of The Health Department Building, City Hall Roof Repairs, Additional Debt Service, And Municipal Court Computers (4) P. O. No. 5885 - An Ordinance Amending Section 90-162 Of The Code Of Ordinances As To Admission Practices During Mardi Gras (Requested By Mayor Pro Tem Sinegal) (5) P. O. No. 5886 - An Ordinance Of The City Of Port Arthur, Texas Setting The Just And Reasonable Rates For The Cost Of Service Adjustment ("COSA") Of $94,070 To Be Charged By Texas Gas Service ("TGS") For Gas Service For Customers In The South Jefferson County Area; Requiring Reimbursement Of Municipal Rate Case Expenses Associated With The Review Of The COSA Calculations; Finding That The Meeting Complies With The Open Meetings Act; And Declaring An Effective Date For This Ordinance C. *Reports And Recommendations (1) Report On Road Erosion On Pleasure Island (Requested By Councilmember Beard) (2) Report On Availability Of Grant Funds For Community Prosecution Program (Requested By Mayor Prince) (3) Report On City Council Retreat (4) Report On Proposed Streets & Drainage Bond Projects *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 8~ COMMITTEES -None AGENDA MAY 7, 2008 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 May 8, 2008. 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 i. Recognition by Presiding O>~cer. 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/used. 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 ofSupp/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/oyee~ 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 ofspeaker. 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. Removes/, 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 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 Removes/. 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 Reauestina To Be Heard On Aaenda 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. SoecificAaenda 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.