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HomeMy WebLinkAboutNovember 26, 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 cit~ of STEPHEN FI'T'ZGIBBONS CiTY MANAGER EVANGELINE "VAN" GREEN CiTY SECRETARY MARK T. SOKOLOW CITY ATTORNEY AGENDA City Council Regular Meeting November 26, 2002 5:30 P.M. RO. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 ° 409/983-8115 · FAX 409/983-8291 C1[TY COUNCIL MEETI[NG City Hall Council Chamber City Of Port Arthur November 26, 2002 S:30PM "1 ROLL CALL, 1'NVOCATI'ON & PLEDGE Mayor Ortiz Mayor Pro Tem Henderson Councilmember Hannah Councilmember Barker Councilmember Gillam II! Councilmember Linden Councilmember Bowers Councilmember Chaisson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAMATi'ONS & MI'NUTES Minutes - November 12, 2002 I'!'1.PETrTI'ONS & COMMUNZCATi'ONS A. Speakers None B. Correspondence None IV. PUBLZC HEARZNGS - 7:00PM None AGENDA NOVEMBER 26, 2002 UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: P. R. No. 11971 - A Resolution Authorizing A Lease Agreement Of The Premises At Lots Numbered Twenty-One, Twenty-Two, Twenty-Three And Twenty-Four (21, 22, 23 & 24), In Block Number One Hundred Thirty-Three (133) Of The City Of Port Arthur, .lefferson County, Texas Between The City Of Port Arthur And Mardi Gras Of Southeast Texas, Inc. 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 For The Purchase Of Eighty-Four Metal Gymnasium Lockers From The State Of Texas (Texas Department Of Criminal .lustice) In The Amount Of $15,009.96 For The Recreation Center. Consideration And Approval Of Payment For Emergency Replacement Engine To A 1987 Rex 3-70A Compactor (Equipment #1061) In The Amount Of $12,351.43 To Bill Baker & Company, Inc., Of Houston, Texas For The Public Works Department (Solid Waste Division). Consideration And Approval Of Awarding A Bid For The Purchase Of One Truck- Mounted Sewer ]et Machine To BuyBoard (Through Lone Star Truck Center) Of Houston, Texas In The Amount Of $61,084 For The Utility Operations Department (Wastewater Conveyance Division). AGENDA NOVEMBER 26, 2002 VZ. CONSENT AGENDA - CONTINUED Consideration And Approval Of Awarding A Bid For The Purchase Of One Crew Cab Truck With Utility Body To Philpott Motors In The Amount Of $32,389 For The Utility Operations Department (Water Distribution Division). Consideration And Approval Of Awarding A Bid For The Purchase Of One 3/4-Ton Truck With Utility Body To Philpott Ford In The Amount Of $27,489 For The Utility Operations Department (Wastewater Treatment Division). Consideration And Approval Of Awarding A Bid For The Purchase Of One 6-8 Cubic Yard Dump Truck To HGAC (Through Philpott Motors) In The Amount Of $47,232 For The Utility Operations Department (Wastewater Conveyance Division). Consideration And Approval Of Awarding A Bid For The Purchase Of One Street Sweeper To BuyBoard (Through Kinloch Equipment & Supply, lrnc.) Of Pasadena, Texas In The Amount Of $132,320 For The Public Works Department (Drainage Division). H. AoProval Of Exoense Accounts: Councilmember Robert A. Bowers: Use Of Personal Auto On City Business, October, 2002 $ 38.32 Councilmember Craig Hannah: Use Of Personal Auto On City Business, October, 2002 $100.00 Councilmember Ronnie Linden: Attend TML Youth Conference In Austin, Texas November 1, 2002 $125.00 City Attorney Mark T. Sokolow: Use Of Personal Auto On City Business: October 11 - November 13, 2002 $ 31.76 AGENDA NOVEMBER 26, 2002 Vt'. CONSENT AGENDA - CONTt'NUED Resolutions - Consent (1) P. R. No. 11979 - A Resolution Awarding A Contract For Asbestos Abatement Consultation Services. Account No. 105-1431-552.59-00, Project No. C28120. (2) P. R. No. 12000 - A Resolution Authorizing Funds In The Estimated Annual Amount Of $120,000 For The Texas Commission On Environmental Quality Formerly Texas Natural Resource Conservation Commission (TNRCC) Annual Fees Paid In Quarterly Installments Of $30,000 Each For The Waste Disposed Of At The City Of Port Arthur Landfill Facility, Permit No. 1815, And Authorize The Director Of Public Works To Make Said Quarterly Payments To Texas Commission On Environmental Quality; Account No. 403-1274-533.59-01. (3) P. R. No. 12002 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (4) P. R. No. 12003 - A Resolution Authorizing Funds And Approving Payment In The Amount Of $74,695 For The TCEQ Annual Water Quality Assessment Fees And Wastewater Inspection Fees For All Four (4) Wastewater Treatment Facilities In The City Of Port Arthur. Account No. 410-1256-532.54-00. (s) P. R. No. 12004 - A Resolution Authorizing The City Of Port Arthur To Participate Tn An Interlocal Agreement For Cooperative Purchasing With Buy Board Cooperative Purchasing Program. (6) P. R. No. 12005 - A Resolution Approving Permit #163 For Drilling Of An Oil And Gas Well By Samedan Oil Corporation. (7) P. R. No. 12007 - A Resolution Awarding And Authorizing The Execution Of Mowing Contracts Between The City Of Port Arthur And Perfect Cut Lawn Care, Beaumont, TX 77705 Groups "[, TII, V And VI" Not TO Exceed $28,000.00; Said Annual Contract TS For Mowing Various City Properties, Parks And Right-Of-Ways In The City; Estimated Annual Cost $28,000.00. Proposed Funding: Parks Division FY 2002/2003 Budget Account No. 001-1207-531.31-00. AGENDA NOVEMBER 26, 2002 Vt'. CONSENT AGENDA - CONTt'NUED (8) P. R. No. 12008 - A Resolution Awarding And Authorizing The Execution Of Mowing Contracts Between The City Of Port Arthur And Sandra's Enterprises, 2951 Highway 365, Port Arthur, Texas 77640 For Group "IV" Not To Exceed $11,070.00; Said Annual Contract Is For Mowing Various City Properties, Parks And Right-Of-Ways In The City; Estimated Annual Cost $11,070.00. Proposed Funding: Parks Division FY 2002/2003 Budget Account No. 001-1207-531.31-00. (9) P. R. No. 12009 - A Resolution Awarding And Authorizing The Execution Of Mowing Contracts Between The City Of Port Arthur And Tomahawk Lawn Service, 4635 Roosevelt, Groves, Texas 77619 For Group "VII" Not To Exceed $10,926.90; Said Annual Contract Is For Mowing Various City Properties, Parks And Right-Of-Ways In The City; Estimated Annual Cost $10,926.90. Proposed Funding: Parks Division FY 2002/2003 Budget Account No. 001-1207-531.31-00. (lO) P. R. No. 12012 - A Resolution Authorizing The City Manager 'Fo Apply To I'XDOT For Safe Routes To School Program Funds (Requested By Councilmember Linden), Vt'T. t.TEMS RE()Ut.Rt'NG t'NDt'VTDUAL ACTt'ON - NON CONSENT A. Resolutions (1) P. R. No. 11999 - A Resolution Appointing An Alternate Member 'Fo The Construction Board Of Adjustments And Appeals. (2) P. R. No. 12001 - A Resolution Appointing Members To The Newly Created Port Arthur Youth Council. B. Ordinances (1) P, O. No. 5302 ~ An Ordinance Acting On The Requested Rate Increase Of Southern Union Gas. AGENDA NOVE~IBER 25, 2002 VII. ITEMS RE(~UIRING INDIVIDUAL ACTION - NON CONSENT- CONTINUED (2) P. O. No. 5303 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning On The Southwest Corner Of Lot 9, Block 4, Port Acres, Port Arthur, .lefferson County, Texas From Single Family Residential To Neighborhood Service (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 r$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. (Z02- 02 GARCEE) C. *Reoorts And Recommendations (1) Report On November 1, 2002 Youth Conference In Austin, Texas (Requested By Councilmember Linden) (2) Report On Upgrading The Format/Graphics Of The City Of Port Arthur's Government Information Channel (Requested By Councilmember Linden) (3) Report On Alleviating Flooding Problems In The City: West 19th Street; .loe Louis/Kansas Avenue; Beaumont Avenue @ 17th Street (Requested By Councilmembers Chaisson, Linden & Gillam) (4) Report On The -Iqmeframe For Completion Of Street Repairs On Roosevelt Street In The El Vista Area And Salisbury Street In The Lakeside Park Area (Requested By Councilmember Gillam) (5) Report On The Remediation Or Removal Of The Old Sewage Pump House Between Terrace/Marian Anderson To Eliminate Illegal Dumping In The Area (Requested By Councilmember Gillam) (6) Report On 27th Year CDBG/28th Year CDBG/FY 2002 Street Programs *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 & COMMII-rEES None 6 AGENDA NOVEMBER 26, 2002 IX. *CLOSED f4EETING (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 Regarding Economic Development Incentives Closed Meeting: (1) Section 551.071 Government Code - To Discuss With The City Attorney The Prospective Litigation As It Pertains To Southern Union Gas. (2) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To Section 125 Cafeteria Plan And The Grievance Of The Police Association. (3) Section 551.071 Government Code - To Discuss With The City Attorney And Carl Parker The Pending Litigation Of The F. D. Shay Contractor, Inc., Vs. City Of Port Arthur And Black & Veatch. (4) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Of City Of Port Arthur Vs. Entergy. (5) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Of City Of Port Arthur Vs. Coastal Banc And Elite Construction Services. (6) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Condemnation Litigation Pertaining To The Lots Owned By Mr. Comeaux, Ms. Singleton And Ms. Graham On The Westside. (7) Section 551.072 Government Code - To Discuss The Value Of Land On The Westside. AGENDA NOVEMBER 26, 2002 I'X. *CLOSED MEETi'NG (EXECUTi'VE SESS1'ON) - CONTI'NUED (8) Section 551.087 Government Code - To Discuss Incentives For Healthcare And Commercial Business Prospects. (9) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To Amstar. (10) Section 551.072 Government Code - To Discuss The Value Of Lots 21, 22, 23 And 24 Of Block 133 Of The City Of Port Arthur. *The Items In Executive Session May Be Discussed And Acted On In Open Session. FUTURE AGENDA iTEMS OR RE(~UESTED 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~'. AD3OURNMENT OF MEET~'NG NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On November 27, 2002. 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 RECOGNITION BY PRESIDING OFFICER. NO PERSON SHALL ADDRESS THE COUNCIL WITHOUT fIRST BEING RECOGNIZED BY THE PRESIDING OFFICER. SPEAKING PROCEDURE; L~MITATION 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 (;RANTED 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 the PERMISSION OF THE PRESIDING OFFICER. IMPROPER REFERENCES. DISORDERLY CONDUCT BY PERSON ADDRESSING THE COUNCIL: ANY PERSON MAKING, EXPRESSLY OR IMPIEDLY, 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. ADDRESSES AFTER MOTION MADE OR PUBLIC HEARING CLOSE~). AFTER A MOTION HAS SEEN 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 CIT~ 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. DISORDERLY 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 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. 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. "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.