HomeMy WebLinkAbout07.15.08 REGULARDELORIS "BOBBIE" PRINCE, MAYOR STEPHEN FITZGIBBONS
JACK CHATMAN, JR., MAYOR PRO TEM CITY MANAGER
COUNCIL MEMBERS: \ ~ ~~~
TERRI HANKS
ELIZABETH "LIZ" SEGLER
---```~~__.,`~ ACTING CITY SECRETARY
MORRIS ALBRIGHT, III -'--~ £~Pre~
MARTIN FLOOD City' ~,~ --ii' ~~`~~
MARK T. SOKOLOW
JOHN BEARD, JR. ~ CITY ATTORNEY
ROBERT E. WILLIAMSON
D. KAY WISE
THOMAS J. HENDERSON O rt rth u~r `~^
~ ~ Te.xus
AGENDA
City Ci~uncil
Regular lVieeting
July 15, 2008
8:30 a.m.
In compliance with the Americans With Disabilities Act, the
City of Port Arthur wills provide for reasonable
accommodations for personas 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 409/983-8128
City Counciil Meeting
City Hall Council Chamber
City Of Port Arthur
July 15, 2008
8:30AM
PLEASE TURN OFF OR MUTEALL CELL PHOP/ES
I. INVOCATION, PLEDGE & ROLL CALL
Mayor Prince
Mayor Pro Tem Chatman
Councilmember Segler
Councilmember Albright III
Councilmember Flood
Councilmember Beard
Councilmember Williamson
Councilmember Wise
Councilmember Henderson
City Manager Fitzgibbons
Acting City Secretary Hanks
City Attorney Sokolow
Sergeant At Arms:
Police Chief Blanton Or Designee
II. PROCLAMATIONS & MINUTES
Proclamations
(1) July 15, 2008 - "Port Arthur Pony League Bronco Division Champs Day"
(2) Month Of July - "Recreation And Parks Month"
Minutes
(1) March 25, 2008 Regular Meeting
(2) April 8, 2008 Regular Meeting
III. PETITIONS & COMMUNICATIONS
A. Speakers
Zoe Jackson Jarra Regarding Tlhe Upcoming F.A.M.E. Summer Tour
Fashion Show Competition And Concert
B. Presentations
Mayor Deloris Prince Regarding The Blue Santa Program
AGENDA
JULY 15, 2008
III. PETITIONS & COMMUNICATIONS -CONTINUED
C. Correspondence
None
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 Arid
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 DiscussE~d
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Event The Item Or Items Will Immediately Be Withdrawn For Individual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 A1fter The Items Not Requiring Separate
Discussion Have Been Acted Upon.
A. Consideration And Approval Of Awarding A Quote To ACT Pipe & Supply,
Beaumont, TX For Various Brass And Bronze Fittings And Valves For
The Utility Operations Department
B. Consideration And Approval Of The Purchase Of "Pluggie The Fireplug"
(With Accessories) From Robotronics, lnc., Of Springville, UT In The
Amount Of $6,376 (Donation From Motiva Enterprises) For The Fire
Department
C. Consideration And Approval Of Payment Of Invoices From Martin Aspha/t,
Houston, TX In The Amount Of $8,587.20 For Materials Used For The
2008 City Street Program (Public Works Department -Street Division)
D. Expense Reports:
City Attorney Mark T. Sokolow:
Attend 2008 State Bar Of Texas Annual Meeting, Houston, TX
June 26-27, 2008 $379.~G5
2
AGENDA
JULY 15, 2008
VI. CONSENT AGENDA -CONTINUED
Resolutions -Consent
(1) P. R. No. 14662 - A Resolution Autthorizing The City Manager To Executte
An Agreement With Noble Energy As To 90`h Street (Requested By City
Manager)
(2) P. R. No. 14779 - A Resolution Awarding Authorizing The Execution Of A
Contract Between The City Of Port Arthur And L. D. Construction, Inc. Of
Beaumont, Texas For 90`h Streel: Concrete Paving In The Amount Of
$263,000. Streets Bonds Project GO-861, 301-1601-591.86-00
(3) P. R. No. 14784 - A Resolution Authorizing The Execution Of Contract For
Engineering Services For The Transit Department's Propane Fueling
Station To Soutex Surveyor, Inc., And Stanley G. Newsome, Jr., P.E. In
The Amount Of $23,500
(4) P. R. No. 14800 - A Resolution Authorizing The Execution Of Contracts
Between The City Of Port Arthuir And Various Local Public Services
Organizations For Public Service Activities, In The Amount Of $76,000,
This Being $5,000 For Gift Of LifE:, $11,000 For Nutrition & Service For
Seniors, $5,000 For Law Academy, $6,000 For Port Arthur Flyers Track
Club, $10,000 For SET Regional Planning Commission, $5,000 For Carrip
Fire, $4,000 For YMCA, $12,500 For Catholic Charities, $15,000 Program
Of Health Excellence, And $2,500 For Community Retirement Home, Inc.
Of Port Arthur For The Benefit Of The Low And Moderate Incorrie
Residents Of The City
(5) P. R. No. 14801 - A Resolution Approving Water And Sewer Adjustment
To Certain Utility Accounts
(6) P. R. No. 14806 - A Resolution Authorizing The City Of Port Arthur l'o
Approve A Professional Services ~4greement With The Baylor College Of
Medicine For The Pediatric Component Of The Multi-Jurisdictional
Medical Special Needs Project In The Amount Of $31,500
(7) P. R. No. 14807 - A Resolution Authorizing The City Manager To Execute
A Contract Between The City Of Fort Arthur And Simco Enterprises, Ltd.,
Of Groves, Texas For Installation Of New Box Culverts Beneath T. B.
Ellison Parkway In The Amount Of $115,000, 001-1204-531.84-00
AGENDA
JULY 15, 2008
VI. CONSENT AGENDA -CONTINUED
(8) P. R. No. 14808 - A Resolution Authorizing The City Manager To Do All
Things Necessary To Execute They Settlement Of A Claim In The Amount
Of $16,261.16 Made Against Texas Municipal League Intergovernmental
Risk Pool (TML) As A Result Of The Property Damage To City Bus #1571
(9) P. R. No. 14810 - A Resolution Authorizing The City Manager To Execute
An Agreement With SCS Engineers Of Bedford, Texas To Provicle
Services Related To Responding To The Notice Of Deficiency Regarding
The Permit Modification Request Submitted To Comply With The New
Subchapter J Rule For An Amount, Of $5,500; Funding Being Available In
FY 2008 Account No. 403-1274-533.54-00
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
(1) P.R. No. 14771 - A Resolution Authorizing A Memorandum Of
Understanding With The Southeast Texas Plant Managers Forum, A
Member Texas Nonprofit Corporation
(2) P. R. No. 14803 - A Resolution Requesting That Service Plans Ele
Prepared For Industrial District Arreas And For Areas As It Pertains l-o
The Points Of Delivery Of Electricity By Entergy To Industrial Customers
(3) P. R. No. 14804 - A Resolutions Appointing And/Or Reappointing A
Member Or Members To The Zoning Board Of Adjustments, As Well As
Alternates
(4) P. R. No. 14814 - A Resolution As> To Create An Advisory Committee To
Review Procedures Or Protocol As To Presentations, Proclamations,
Speakers, And Debate At Council IVleetings
(5) P.R. No. 14824 - A Resolution Approving A Waiver Of The Option To
Repurchase In The Conditions Of Sale Of Covenants And Restrictions Of
The Port Arthur Business Park As To That Approximately 5.0 Acres (Jf
Land Sold By The City Of Port Arthur Section 4A Economic Development
Corporation To Lockwood Holdings, Inc.
(6) P.R. No. 14825 - A Resolution As It Pertains To 1033 West Procter Street,
208 11th Street, 805 Rio Grande, A,nd 531-541 Mobile
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AGENDA
JULY 15, 2008
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED
B. Ordinances
(1) P. O. No. 5849 - An Ordinance Rescinding Ordinance No. 08-44 As It
Pertains To The Transfer Of Property Located At Memorial Boulevard And
32nd Street (Fire Station Building And Lot) To The Truth & Education
Corporation (Requested By Councilmembers Albright, Segler, And Wise)
(2) P. O. No. 5856 - An Ordinance As It Pertains To The November 4, 2008
Special Election (Requested By Councilmember Wise, Councilmember
Henderson, And Councilmember Williamson)
(3) P. O. 5857 - An Appropriation Ordinance Amending The Budget For The
Fiscal Year Beginning October 1, 2007 And Ending September 30, 2008
To Fund Increased Fuel Cost For All Departments, Increased Election
Costs And Additional Police Expenses
(4) P. O. No. 5903 - An Ordinance Authorizing The Sale Of Surplus City Fleet
Vehicles And Heavy Equipment For The City Of Port Arthur At A Public
Online Auction
(5) P. O. No. 5904 - An Ordinance Authorizing The Sale Of The Property
Located At 3510 Lake Arthur Drive, Port Arthur, Texas (Lot 7 Block 3, The
Park At Lake Arthur) In The Amount Of $76,000
(6) P. O. No. 5907 - An Ordinance Dedicating A 20 Feet Wide Parcel Of Larid
For Public Use As Street Right-Of-Way Off The North Side Of Lincoln
Park, Said Park Located At The Intersection Of Rev. Dr. Ransom Howard
Street And Abe Lincoln Avenue, Staid 20 Feet Wide Parcel Of Land Beirig
Contiguous To The Existing South Right-Of-Way Line Of Rev. Dr.
Ransom Howard Street In Port Arthur, Texas
(7) P. O. No. 5908 - An Ordinance Authorizing The Purchase Price And Sale
Of Approximately 18 Acres Of Land In The Vicinity Of Lake Arthur Drive
C. *Reports And Recommendations
(1) Report On City Budget
(2) Report On Metal Theft
*The City Council Can Act On Any Of The Above Reports Arid
Recommendations As To Accep1t The Report/Recommendation Or To
Request Additional Information And Records
AGENDA
JULY 15, 2008
VIII. REPORTS OF BOARDS & COMMITTEES
None
IX. *CLOSED MEETING (EXECUTIVE SESSION)
In Order To Comply With The Requirements Of Section 551.101 Of Chapter 5Ei1
(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 TI-ie
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 C)evices
Section 551.087 -Deliberations Regardincl Economic Development Incentives
Closed Meetin
(1) Section 551.071 Government Cocle - To Discuss With The City Attorney
Potential Litigation As It Pertains To Williams & Rao
(2) Section 551.087 Government Code - To Discuss Incentives For
Commercial, Residential, And Induistrial Business Prospects
(3) Section 551.072 Government Code - To Discuss Value Of Land On
Houston Avenue
(4) Section 551.072 Government Cocie - To Discuss The Value Of Land In
The City's ETJ
(5) Section 551.072 Government Code - To Discuss Value Of Land Alorig
Jade Avenue
(6) Section 551.071 Government Cocle - To Discuss With The City Attorney
Potential Litigation As It Pertains To The Park Plaza Area
*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 E3e
Requested But No Discussion Of Any Item Or Request Shall Take Place
XI. ADJOURNMENT OF MEETING
6
RULES OF DECORUM -PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS
1. 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 purblic 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 tfie 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, Disonaledy Conduct By Person Addressing The Council; Any person making, expressly or
impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane --remarks or who
willfulty utters loud, threatening or abusive language, or engages, in any disorderly conduct which would
impede, disrupt, or disturb the orderly conduct, tlhe order, by the Presiding Officer, and if such conduct
continues, may, at the discretion of the Presiding Offcer, be ordered barred from further audience before the
Council during that Meeting. -
4. Addresses After Motion Made or Pub/ic Hearing C/a~sied. 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
wnsideration without first securing permission to do so 6y "majority vote of the City Council.
5. Campaign Speeches prohibited. No persons will be ;~8owed 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. 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.
7. Limitations on Use of Supplemental Lighting. Limitaitions 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//egations, 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. -
ENFORCEMENT 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 person persists in disturbing the meeting, such
Officer may order film to remove himself from the meeting. If he does not remove himself, the Presiding Officer may
order the Sergeant-at0arms to remove him. ~ .
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 PR:OCEDURE
The City Secretary shall make public, in accordance with tihe 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 I ms (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 Counciil 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 far approval before
placing the name on the Agenda. ~ - -
Soecific 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 tlhereon for a period of three (3) minutes.'~Specific Agenda
Items° are defined as any item specified on the Notice of McSeting posted for purposes of the Texas Open Meetings Law
and which becomes the subject of a motion before tl~e Council. -