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HomeMy WebLinkAbout08-12-08 REGULARDELORIS "BOBBIE" PRINCE, MAYOR JACK CHATMAN, JR., MAYOR PRO-TEM COUNCIL MEMBERS: ELIZABETH "L[Z" SEGLER MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON STEPHEN FITZGIBBONS C1T`~ MANAGER Energy TERRI: HANKS Clly Of Cigi ACTING CITY SECRETARY MARK']['. SOKOLOW ~~ ~ CITX AT'CORNEY ~lt rthu~ ~ Texas AGENDA City Council Regular Meeting August 1.2, 2008 8:30 a.m. 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 August 12, 2008 8:30AM PLEASE TURN OFF OR MUTEALL CELL PHOMES 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 Minutes July 29, 2008 Special Meeting July 29, 2008 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers Aletha Kirkwood Regarding Beautification Commission Appointment Vacancies B. Presentations Verna Rutherford And Richard Strouse Regarding Update On Motiva Project C. Correspondence None AGENDA AUGUST 12, 2008 IV. PUBLIC HEARINGS - 9:00 AM None V. UNFINISHED BUSINESS The Following Item Of Business Was Helci From The Previous Meeting At Which No Action Was Taken On This Item: P. R. No. 14805 - A Resolution Approving The Award Of Contracts For The Demolition And Reconstruction Of Six (6) Houses To Thomas Sheppard, Stonewater, Inc., In The Amount Of $440,499.86, Account Number 106-1425-571-59-00/RITA02 VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has 13een 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 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. A. 2008 Notice Of Effective Tax Rate For The City of Port Arthur B. Consideration And Approval Of Awarding A Quote To Rura/ Pipe & Supply, Jasper, TX For The Purchase Of Various Fittings & Valves For The Utility Operations Department C. Consideration And Approval Of Awarding A Bid To DX/ /ndustries, /nc;., Houston, TX In The Estimated Amount Of $106,230 For The Purchase Of Liquid Sodium Bisulfite For The Utility Operations Department (Wastewater Treatment Division) D. Consideration And Approval Of Awarding A Quote To Mustang Tractor And Equipment Co., Beaumont, TX In l-he Amount Of $20,246.94 For Track Repairs To A 2007 D7R Caterpillar Dozer (Equipment #1628) For The Public Works Department (Solid Waste Landfill Division) E. Consideration And Approval Of Awarding A Quote To Southern Tire Mart, Beaumont, TX In The Estimated ,Amount Of $243,195 For An Annual Contract Supplying Tires And Tubes For The City's Rolling Equipment AGENDA AUGUST 12, 2008 VI. CONSENT AGENDA -CONTINUED F. Consideration And Approval Of Payment To DeJean Automotive, Port Arthur, TX In The Amount Of $6,292.27 For Emergency Repairs To Fire Engine 6 (Equipment #1485) G. Expense Report Councilmember Dawana Wise: Attend National Black Caucus Of Local Elected Officials, Atlanta, GA July 22-28, 2008 $3,633.31 Resolutions -Consent (1) P. R. No. 14826 - A Resolution To Reprogram $42,868.68 From Various Expired CDBG Projects To The City's Housing Administration Account No. 105-1431-552.92-00, Project #C33144 (2) P. R. No. 14844 - A Resolution Ordering A Public Hearing For Tf ie Proposed Budget For The City Of Port Arthur And The Port Arthur Economic Development Corporation For The Fiscal Year 2008-2009 Arid Authorizing Notice Of Public Hearing (3) P. R. No. 14859 - A Resolution Proposing A Property Tax Rate For 20C18 And Ordering Public Hearings Thereon (4) P. R. No. 14866 - A Resolution Authorizing The City Manager To Execute An Interlocal Contract With The City Of Beaumont, Jefferson County, Jasper County, And Orange County To Secure Grant Funding From The State Of Texas Automobile Theft PrE;vention Authority For Operation Of The Southeast Texas Auto Theft Task Farce (5) P. R. No. 14867 - A Resolution Authorizing The City Manager To Execute Renewal Contracts Between Its Thiird Party Administrator (Administrative Services Only) For The City Of Port Arthur Group Medical, Dental Insurance; For Basic Life, For Basic Accidental Death And Dismemberment, And Excess Loss Indemnity With Blue Cross And Blue Shield Of Texas, Inc. Fund No. (S): Ei14 -Health Insurance Fund (6) P. R. No. 14870 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $21,166.67 Made Against Texas Municipal League Intergovernmeni:al Risk Pool (TML) As A Result Of The Property Damage To City Van #1474 AGENDA AUGUST 12, 2008 VI. CONSENT AGENDA -CONTINUED (7) P. R. No. 14874 - A Resolution Calling For An Additional Public Hearing With Regards To Proposed Assessrrients For Improvement To The Sanitary Sewer Line On 9th Avenue From 67th Street To 60th Street VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14868 - A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Developmeint Corporation Board Of Directors (Requested By Mayor Prince) (2) P. R. No. 14869 - A Resolution Approving The Financial Payment Clauses And Electrical Usage Section Of The Proposed Industrial District Agreement With Premcor Refininca Group For The COEX Expansion Project, Gasification Project And The Existing Premcor (Valero) Units (2008-2019) (3) P. R. No. 14871 - A Resolution Approving A Collective Bargaining Agreement Between The City 01` Port Arthur And The International Association Of Fire Fighters Local 397. Proposed Funding: Fire Department Budget Account No. 001-1121-522.11-00 (4) P.R. No. 14875 - A Resolution As It Pertains To A Payment In The Amount Of $22,696 To Stonewater, Inc. For The Housing Assistance Division's Property Rehabilitation Program Account No. 108-2141-626.59-00, Project No. HE0502 B. Ordinances (1) P. O. No. 5900 - An Ordinance Amending Section 78-269 Of The Code (Jf Ordinances Of The City Of Port Arthur As It Pertains To Travel ExpensE~s (Requested By Mayor Prince) (2) P. O. No. 5910 - An Ordinance Approving The Appraisal Rolls For The Year 2008 And Receiving Determinations From The Tax Assessors Under Section 26.04 Of The Texas Property Tax Code (3) P. O. No. 5914 - An Ordinance Amending Ordinance No. 08-77 As To The Sale Of Surplus City Fleet Vehicles And Heavy Equipment For The City cOf Port Arthur At A Public Online Auction 4 AGENDA AUGUST 12, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED C. *Reports And Recommendations (1) Report On Water & Sewer Construction By City Forces (2) Report On The City's "Green" Efforts (3) June, 2008 Financial Report (4) Report On Tropical Storm Edouard (,August 5, 2008) (5) Quarterly Report On EDC Activities (6) Report On City Budget *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 & COMMITTEES None IX. *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 625;x- 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 Meeting: (1) Section 551.072 Government Cocle - To Discuss The Value Of Larrd Adjacent To Houston Avenue (2) Section 551.072 Government CodE~ - To Discuss The Value Of Land At 3510 Lake Arthur Drive (3) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects AGENDA AUGUST 12, 2008 IX. *CLOSED MEETING (EXECUTIVE SESSION) -CONTINUED (4) Section 551.072 Government Code -- To Discuss The Value Of Land In The City's ETJ (5) Section 551.072 Government Code - To Discuss The Value Of Land Along Ray Avenue (6) Section 551.074 Government Code - To Discuss The Evaluation And Duties Of The City Manager, City Attorney And Acting City Secretary *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 B~e 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~cen 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. Ali remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of fine Council and the person having the floor shall be permitted to enter into any discussion, whether directly -or throagh a member of the Council, without the permission of the Presiding Officer. 3. Improper References, DisoMedy 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 ban~ed from further audience before the Council during that Meeting. 4. Addr AR~er Motion Made or Pub//c Hearing Closed, 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'majoiity 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. 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 Llghting. 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/amts, A/legations, 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 shows that he has pursued appropriate administrative channels. ENFORCEMENT OF DECORUM Warning, All persons shall at the requfest of the Presiding Officer, be silent. Removes/, If, after recefiring 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 PROCEDURE The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda centaining all business to be discussed at a meeting of the City Council. Persons Reauestina To Be Heard On Ao odes Ile (1) Residents. Any resident who wishes to addrE:ss 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 fog approval before placing the name on the Agenda. ~ - 8oecifc 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 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 Itemsp 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. .