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HomeMy WebLinkAboutUntitledDELORIS "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. WILLIAM50N WILLIE "BAE" LEW1S City Of „~n~p~~~~~~ o rt Qrth u ,1 Texas AGENDA Clty COUnCII Regular Meeting May 20, 2008 8:30 .a.m. STEPHEN PITZGIBBONS 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 20, 2008 8:30AM PLEASE TURN OFF OR MUTEALL CELL PHOI'VES 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. ITEMS REQUIRING INDIVIDUAL ACTION A. Ordinance P. O. Na. 5876 - An Ordinance Canvassing The Returns And Declaring The Results Of A General Election Held May 10, 2008 For The Purpose Of Electing Councilmembers For (Districts 1, 2, 3, And 4, As Well As For Positions 7 And 8 And Ordering ARun-Off For June 21, 2008, Providing For The Publication Of The Election Order, And Delineating Early Voting Clerks, Election Day Judges, Alterinate Judges, And Clerks B. Resolution P. R. No. 14669 - A Resolution Documenting That Pursuant To The Amendment Of Section 9 Of Article II Of The City Charter Approved At The May 2, 1992 City Election In The City Of Port Arthur, Texas, The District 1 Councilmember Shall Serve As Mayor Pro Tem And Shall Act As Mayor During The Absence Or Disability Of The Mayor And Shall Serve As Mayor Pro Tem Until The Next Regular Election Of Councilmembers III. ADMINISTRATION OF OATHS OF OFFICE IV. ADMINISTRATION OF OATH OF OFFICE TO NEWLY APPOINTED MAYOR PRO TEM City Council Meeting City Hall Council Chamber City Of Port Arthur May 20, 2008 8:30AM V. ROLL CALL Mayor Prince Mayor Pro Tem Chatman Councilmember Jones Councilmember Albright III Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Wise Councilmember Sinegal City Manager Fitzgibbons Acting City Secretary Hanks City Attorney Sokolow Sergeant At Arms: Police Chief Blanton Or Designee ~ VI. PROCLAMATIONS & MINUTES Proclamations Minutes -None j VII. PETITIONS 8 COMMUNICATIONS A. Speakers (1) Donny Delatte Regarding RV Park On Broadway (2) Albert Moses And Charlotte MosE~s Of L.A.W. Academy Regarding Drug Testing B. Presentations (1) Presentation By Mitch Osborne Regarding Veolia (2) Presentation By Sheerah First LLC Group Regarding Retail, Commercial And Community Development Project 2 AGENDA MAY 20, 2008 VII. PETITIONS & COMMUNICATIONS - COPJTINUED (3) Presentation By Ware & Associates Regarding MWBE And SBE Programs (4) Presentation By Dr. Albert Thigpen Regarding Adjustment To Park Plan C. Correspondence None VIII. PUBLIC HEARINGS - 9:00 AM None IX. UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On These Items: 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. 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) Ordinance P. O. No. 5874 - An Ordinance Authorizing The Purchase Price And Sale Of Approximately 18 Acres Of Land In The Viicinity Of Lake Arthur Drive X. 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 E3y 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 Iri Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Consideration And Approval Of The Purchase Of Eight (8) Tasers From G. T. Distributors, Austin, TX In The Amount Of $6,529.60 For The Police Department AGENDA MAY 20, 2008 X. CONSENT AGENDA -CONTINUED B. Consideration And Approval Of Awarding A Bid To Hanson Pipe & Precast, Houston, TX For The Purchase Of Drainage Materials (Concrete Pipe & Boxes) For The Public Works Department C. Consideration And Approval Of A~roarding A Bid To Rura/ Pipe &Supp/y, Jasper, TX And Coburn's Supply, Beaumont, TX For Water Meter Boxes & Vaults For The Utility Operations; Department D. Consideration And Approval Of Awarding A Bid To Rura/ Pipe &Supp/y, Jasper, TX And Aqua-Metric Sales Company, Riverside, CA For Water Meters And Meter Reading Equipment For The Utility Operations Department E. Consideration And Approval Of Payment To Sandifer's LP Gas Company, Port Arthur, TX In The Amount cJf $7,783.47 For Propane Gas At The Transit Department F. Consideration And Approval C)f Awarding A Quote To Houston Freightliner, Houston, TX In The Estimated Amount Of $107,862.22 For Accident Repairs To A 2005 Orion SLF Transit Bus (Equipment #1577) G. Consideration And Approval Of Awarding A Bid To Coburn Supp/y, Beaumont, TX And J&S l/a/ve, Huffman, TX For Water Valves For The Utility Operations Department H. Consideration And Approval Of A~Narding A Bid To Rura/ Pipe &Supp/y, Jasper, TX And ACT Pipe &Supp/y, Beaumont, TX For Repair Clamps For The lJtility Operations Department Consideration And Approval Of Awarding A Quote To HGAC (Thraugh Hi- Way Equipment Co., Houston, T;~C) In The Amount Of $226,769.82 For The Purchase Of One XL4200-III Gradall Track Excavator For The Drainage Department J. Consideration And Approval Of Awarding A Bid To T. R. E. S., Neder/and, TX In The Amount Of $7,520 F=or Repairs To The Main Wastewater Treatment Plant Stormwater Clarifier Skimmer, Scum Box & Baffle K. Consideration And Approval Of Payment To DynaSource, /nc., Beaumont, TX In The Amount Of $10,590 F=or Annual Maintenance On The City's LaserFiche Software For The Period August 1, 2008 Through July 31, 2009 AGENDA MAY 20, 2008 X. CONSENT AGENDA -CONTINUED L. Expense Reports: Mayor Deloris Prince: Attended TML Conference, Austin, TX May 1-2, 2008 $356.48 City Manager Steve Fitzgibbons: Attended TML Conference, Austin, TX May 1-2, 2008 $222.52 City Attorney Mark T. Sokolow: Attended Fred Pryor Seminar, Beaumont, TX April 24, 2008 $311.61 Resolutions -Consent (1) P. R. No. 14717 - A Resolution Awarding A Contract To SKR Construction In The Amount Of $18,500.00, And Authorizing The Execution Of The Contract To Replace Animal Cages In The Animal Control Building; To Be Charged To Account No. 001-140'1-551.32-00 (2) P. R. No. 14719 - A Resolution Authorizing The Mayor To Execute A Bond Counsel Contract With Vinson And Elkins, Attorneys At Law (3) P. R. No. 14721 - A Resolution Authorizing The City Manager To Negotiate A Contract With The TrE~vino Group For A Design Build Project For The New Fire Station Located At 4448 9th Avenue (4) P. R. Nc>. 14723 - A Resolution Approving The Streets Bond Projects, With Funding Available From The Streets Bond Issue In The Amount Of $3,000,000 (5) P. R. No. 14724 - A Resolution P~pproving The Drainage Bond Projects, With Funding Available From The Drainage Bond Issue In The Amount Of $2,000,000 (6) P. R. No. 14725 - A Resolution To Amend The FY 2007-08 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Card Participation 5 AGENDA MAY 20, 2008 X. CONSENT AGENDA -CONTINUED (7) P. R. No. 14726 - A Resolution Authorizing The City Of Port Arthur To Accept Additional Grant Funds From The Texas Department Of State Health Services Discretionary f=unding Project In The Amount Of $607,031 And To Serve As The 1=fiscal Agent For Public Health Region 6/5 South And Authorizing The City Manager To Execute An Amendment To The Contract (8) P. R. No. 14727 - A Resolution Authorizing The City Of Port Arthur To Submit A, Proposal To The Centers For Disease Control And Prevention For A Chronic Disease Preventionn Grant In An Amount Not To Exceed $240, 000 (9) P. R. No. 14730 - A Resolution Providing For A Public Hearing By The City Council To Consider The Proposed Widening, Construction, And Maintenance Of W. Rev. Dr. Ransom Howard Street Upon And Across Lincoln Park (10) P. R. No. 14732 - A Resolution Authorizing The City Manager To Execute A Partial Assignment As To An C-il & Gas Lease As It Pertains To 7.55 Net Mineral Acres, More Or Less, And Being A Part Of Lot 14, Block 25, Port Acres Subdivision (11) P. R. No. 14734 - A Resolution Ass It Pertains To Entering Into A Rental, License, And Services Agreement With Premier Election Solutions For The June 21, 2008 Runoff Election Polling Locations AGENDA MAY 20, 2008 XI. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14718 - A Resolution Authorizing The Port Arthur Section 4A Economic Development Corporation Chief Executive Officer To Execute A Financial Advisory Agreement With First Southwest Company (2) P. R. No. 14720 - A Resolution Authorizing The Port Arthur Section 4A Economir. Development Corporation To Execute An Engagement Letter With Vinson & Elkins, L.L.P. (3) P. R. No. 14729 - A Resolution As It Pertains To TEPPCO And Its Abatement Agreement (4) P. R. No. 14731 - A Resolution Appointing Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation Board Of Directors (Requested By Mayor Pro Tem Sinegal) (5) P. R. No. 14735 - A Resolution Appointing Or Reappointing A Member Or Members To The Planning And Zoning Commission B. Ordinances (1) P. O. No. 5883 - An Ordinance Granting An Excavation Permit Issued Pursuant To Section 94-452 (5) Of Article VII (Excavations) Of The Code Of Ordinances Of The City Of Port Arthur To Kirk Thomas Located On The East Side Of West Port Arthur Road, North Of Hwy. 365 (2) P. O. No. 5888 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2007 And Ending September 30, 2008 To Fund An Erosion Control (Project On Pleasure Island C. *Reports And Recommendations (1) March, 2008 Financial Report (2) Report On Mail-Out Applications And Procedures For Processing Mail- Out Ballats By Carolyn Guidry (Requested By Councilmember Lewis) *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 AGENDA MAY 20, 2008 XII. REPORTS OF BOARDS & COMMITTEES None XIII. *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 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 Regardincl Economic Development Incentives Closed Meetin (1) Section 551.071 Government Codle - To Discuss With The City Attorney Potential Litigation As It Pertains To TEPPCO (2) Section 551.071 Government Codle - To Discuss With The City Attorney Pending Litigation As It Pertains To Entergy (3) Section 551.087 Government Code - To Discuss Incentives As To Industrial, Residential, Business And Commercial Prospects *The Items In Executive Session May E3e Discussed And Acted On In Open Session XIV. 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 XV. ADJOURNMENT OF MEETING 8 RULES OF DECORUM -PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by thle 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 vice 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 maijor'ity 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 parson 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 Pelson .Addressing The Council; Any person making, e~cpressly 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 AR~er 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 Couuncil 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 Conduce 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 [/se ofSupp/ementa/Lighting Limitations on use of supplemental lighting for television end 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 As~ainst 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 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 C1ity 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 di urbing the meeting, such officer may order him to remove himself from the meeting. If he does not remove himself, the pres~ing 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 muting. 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.M, Penal Code 42.05. Motions To Enforce, Any Councilmember may move to require thE; Presiding OfFcer 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 Te~cas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Persons Reauestina 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) NonresEidents. 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 OfFcer 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, alnd before a vote is taken, the Presiding Officer shall recognize any citizen iin 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