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HomeMy WebLinkAbout06-03-08 REGULARDELORIS "BOBBIE" PRINCE, MAYOR JACK CHATMAN, JR., MAYOR PRO TEM COUNCIL MEMBERS: CAL JONES MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE MICHAEL "SHANE" SINEGAL AGENDA City Council Regular ~ eeting June 3, 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) 983-81:15. 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 June 3, 2008 5:30PM PLEASE TURN OFF OR MUTEALL CELL PHONES INVOCATION, PLEDGE & 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 II. ADMINISTRATION OF OATH OF OFFICE= AGENDA JUNE 3, 2008 III. ROLL CALL Mayor Prince Mayor Pro Tem Chatman Councilmember Segler 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 IV. PROCLAMATIONS 8 MINUTES Proclamations Mini itac V. PETITIONS & COMMUNICATIONS A. Speakers (1) Warren Field And Ike Mills Regarding Community Activism/Hilton Kelly (2) Zulema Escobedo Regarding Soccer Fields (3) Julia Samuels Regarding Council Meeting Decorum B. Presentation Presentation By Zachary Breaux ,Jazz Festival Planning Committee, Ms. Doris Hayes, Ms. Thomasene Thoimas And Ms. Annette Mitchell Regarding Upcoming Event C. Correspondence Runoff Election Candidate Certifia~tion VI. PUBLIC HEARINGS - 7:00 PM None 2 AGENDA JUNE 3, 2008 VII. UNFINISHED BUSINESS The Following Items Of Business Were Helcl From The Previous Meeting At Which No Action Was Taken On These Items: (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. O. No. 5874 - An Ordinance Authorizing The Purchase Price And Sale Of Approximately 18 Acres Of Lane In 1'he Vicinity Of Lake Arthur Drive VIII. 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 In Its Normal Sequence After 1'he Items Not Requiring Separate Discussion Have Been Acted Upon. A. Consideration And Approval Of They Purchase Of One 2008 Ford Expedition From Philpott Motors, ,Nederland, TX (Through HGAC) In The Amount Of $24,985.86 (Homel~~nd Security Grant) For The Police Department B. Consideration And Approval Of Awarding A Bid To Sandifer's L.P. Gas Company, Port Arthur, TX In The Estimated Amount Of $242,760 For Propane Gas For The Transit Department C. Consideration And Approval Of Awarding Bids For Street Materials (Road Building Materials) To Transit Mix Concrete &Materia/s; APAC -Texas; And AMF Materia/s & Transport Foir The Public Works Department (Streets Division) D. Consideration And Approval Of Awarding Bids For Streets Materials (Asphalt, Oil, Emulsions And Soil Stabilization Additives) To Performance Grade Asphalt, LLC And Soil St~36ilization Products Company, lnc. For The Public Works Department (Streets Division) E. Consideration And Approval Of Awarrding A Bid For Streets Material (Concrete Building Materials) To Transit Mix Concrete & Materia/s Company For The Public Works Department (Streets Division) AGENDA JUNE 3, 2008 VIII. CONSENT AGENDA (CONTINUED) F. Consideration And Approval Of ~~warding Bids For Drainage Materials (High-Density Polyethylene PipE~) To HD Supp/y-Waterworks And Coburn's Supp/y For The Public V~'orks Department (Drainage Division) G. Consideration And Approval Of TFie Purchase Of Ten (10) Dell OptiPlex 755 Computers (Through DIR Pricing) In The Amount Of $8,885.50 For The Health Department H. Consideration And Approval Of Payment To TNT Ready-Mix, Neder/and, TX In The Amount Of $6,000 For Materials Used For The 2008 City Street Program Resolutions -Consent (1) P. R. No. 14722 - A Resolution A~iproving The Renewal Of An Additional One Year Period For Grass Cutting Services With Trey's Tractor Services For Cutting Of The Port Arthur Business Park Located At 9555 W. Port Arthur Road (2) P. R. No. 14738 - A Resolution Awairding A Contract To The Lowest Responsible Bidder And Authorizing Execution Of The Contract For Janitorial Services For The Port Arthur Police Department And Municipal Court Building To Southeast Texas Building Service, Nederland, Texas, In The Amount Of $40,560.00 Per Year For Three Years And Charged To Account Number 001-1101-521.32-00 (3) P. R. No. 14743 - A Resolution As It Pertains To An Agreed Order With The Texas Commission On Environmental Quality As It Pertains To The Wastewater Treatment Plant (4) P. R. No. 14745 - A Resolution Accepting A Water Utility Easement From Williams & Rao, LP For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (5) P. R. No. 14747 - A Resolution /authorizing The City Of Port Arthur To Accept $14,779.03 From MOTIVA For The Purchase Of Vehicle Emergency Equipment For The Purpose Of Traffic Direction And Safety (6) P. R. No. 14751 - A Resolution Authorizing The City Of Port Arthur To Amend The Budget Of A Proposal Submitted To The Texas Health And Human Services Commission Foir ANurse-Family Partnership Grant In The Amount Of $499,584 4 AGENDA JUNE 3, 2008 VIII. CONSENT AGENDA (CONTINUED) (7) P. R. No. 14752 - A Resolution Authorizing The Second Year Contract Between The City Of Port Arthur And Triangle Waste Solutions Of Port Arthur For Leachate Hauling At The City Landfill For A Fee Of $54.03 Per Hour With The Subsequent Rate Adjusted According To The CPI At That Time. Funding Is Available In Account No. 403-1274-533.59-00 IX. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14736 - A Resolution Au~thoriz:ing, Designating And Establishing The Zachary Breaux Jazz Festival Entertainment Area For 2008, Designating Heritage Life Center As Tlhe Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Heritage Life Center (2) P. R. No. 14740 - A Resolution As It Pertains To Release Of Liens At 848 Houston Avenue (3) P. R. No. 14748 - A Resolution Of The City Council Of Port Arthur, Texas, Joining With Other Entergy Service Area Cities In Support Of A Non- Unanimous Stipulation Regarding The Rates To Be Determined For Entergy Texas, Inc. In Public Utility Corrimission Docket No. 34800 (4) P. R. No. 14749 - 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 Councilmember Beard) (5) P. R. No. 14750 - A Resolution As It IPertains To Release Of Liens On Lots 57, 58, And 59 Of Truman Addition (6) P. R. No. 14755 - A Resolution Authorizing An Agreement With Luke Guidry, Jr. To Charge Materials Only For A Sanitary Sewer Line Extension To Serve Lots 7-9, Reserve "B", Stonegate Section Four, City Of Port Arthur, Texas B. Ordinances (1) P. O. No. 5889 - An Ordinance Adding Article VII Zachery Breaux Jazz Festival, Sections 90-251 And 90-252 Of Chapter 90 Special Events To The Code Of Ordinances Providing For Publication, A Penalty And An Effective Date AGENDA JUNE 3, 2008 IX. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (2) P. O. No. 5890 - An Ordinance Amending Subsection (9) Of Section 2-75 (b) Of The Code Of Ordinances As It Pertains To Debate On Non- Consent Issues Brought To The 1=1oor For Debate By The City Council (Requested By Councilmember Flood) (3) P. O. No. 5891 - An Ordinance Amending Section 2-75 Of The Code Of Ordinances As It Pertains To Acknowledgment By Speakers (Requested By Mayor Prince) (4) P. O. No. 5892 - An Ordinance Amending Section 2-76 Of The Code Of Ordinances As It Pertains To Tlhe Enforcement Of Decorum, Disturbances, And/Or Removal/C;itation Of Person(s) (Requested By Mayor Prince) (5) P. O. No. 5893 - An Ordinance Ai~nending Section 2-31 Of The Code Of Ordinances As It Pertains To Placing Items On Council Agendas (Requested By Mayor Prince) (ti) P.O. No. 5894 - An Ordinance A~~ It Pertains To Appointing A Counting Station Manager, Tabulation Supervisor And Presiding Judge Of Counting Station For The June 21, 2008 Runoff Election C. *Reports And Recommendations (1) April, 2008 Financial Report And Report: On Budget Issues (2) Report On 2008 Preliminary Appraised Values (3) Report On Scrap Metal Ordinance Issues (4) Report On Council Retreat (5) Report On Proposed June 10, 2008 ,,loint City Council/Pleasure Island Commission Meeting (6) Report On Parking Ordinance (Requested By Mayor Pro Tem Chatman) (7) Report On Westside Development Study *The City Council Can Act Ors Any Of The Above Reports And Recommendations As To Accept: They Report/Recommendation Or To Request Additional Information ArnJ Records X. REPORTS OF BOARDS & COMMITTEES None XI. FUTURE AGENDA ITEMS OR REQUEST-ED REPORTS Items For Future Agenda Consideration C-r Reports From Staff May Be Requested But No Discussion Of Any Item Or Request Shall Take Place AGENDA JUNE 3, 2008 XII. 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 June 4, 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 7 RULES OF DECORUM -PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall addre.<;s 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 major'~ty 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. Disorderty 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 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/oyees: No person shall make any complaint, speck 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. 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 Aoenda Items (1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in aaordance 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 Aoenda 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.