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HomeMy WebLinkAboutDECEMBER 17, 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 City of Texas STEPHEN FITZG~SBONS CiTY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY ATrORNEY AGENDA City Council Regular Meeting December 17, 2002 5:30 P.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 77641-10B9 · 409/983-8115 · FAX 409/983-8291 CITY COUNCIL MEETING City Hall Council Chamber City Of Port Arthur December :!.7, 2002 5:30PM I. ROLL CALL, INVOCATION & 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 II. PROCLAMATIONS & MINUTES Minutes - Regular Meeting December Z0, 2002 III, PETITIONS & COMMUNICATIONS A. Soeakers None B. Correspondence Certificate Of Appointment And Re-Appointments To The Port Arthur Housing Authority IV. PUBLIC HEARINGS - 7:00PM To Receive Public Comment Regarding The Proposed Rate Tncrease Of Southern Union Gas And Tariff Changes And Any Suggested Alterations. AGENDA DECEMBER 17, 2002 Vw UNFIN]~SHED 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 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Of Payment To I. P. Communications, Inc., In The Amount Of $8,760 For Calendar Year 2003 Internet Services For The Port Arthur Library. Consideration And Approval To Renew The Existing Long Distance Service Contract With Ionex Telecommunications, Inc., Of Beaumont, Texas In The Estimated Amount Of $15,000. Consideration And Approval To Renew The Existing Tires And Tubes Contract With Gray's Wholesale lire Distribution, Inc., Of Houston, Texas In The Estimated Amount Of $110,000. Consideration And Approval To Renew The Existing Automatic Transmissions Repairs Contract With AAMCO Transmissions Of Port Arthur, Texas In The Estimated Amount Of $12,000. Consideration And Approval To Renew The Existing Equipment Batteries Contract With Battery Warehouse Of Orange, Texas In The Estimated Amount Of $15,000. 2 AGENDA DECEMBER 17, 2002 VI. CONSENT AGENDA - CONTt'NUED Consideration And Approval Of Awarding A Bid For The Purchase And Tnstallation Of A Lift Station Telemetry Control System For The North Lift Station To Data Flow Systems, 1'nc., Of Melbourne, FL l~n The Amount Of $5,670 For The Utility Operations Department (Wastewater Conveyance Division). Consideration And Approval Of Payment To The Texas Commission On Environmental Quality (TCEQ) In The Amount Of $8,360.95 For Annual Water System Fees. Consideration And Approval Of Payment To HTE, ][nc., In The Amount Of $68,136 For Annual Maintenance On The AS/400 Software For Period January 1, 2003 Through December 31, 2003. I. Expense Accounts: Mayor Oscar G. Ortiz: Use Of Personal Auto On City Business ][n And Outside The City, November, 2002 $ 100.01 Attend NLC Conference lin Salt Lake City, Utah December 2-8, 2002 $1,691.51 Councilmember Felix Barker: Use Of Personal Auto On City Business, November, 2002 $ 100.00 Councilmember Robert A. Bowers: Use Of Personal Auto On City Business, November, 2002 $ 29.20 City Attorney Mark T. Sokolow: Attend NLC Conference In Salt Lake City, Utah December 4-8, 2002 $1,839.52 AGENDA DECEMBER 17, 2002 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P. R. No. :[1935 - A Resolution Authorizing The Third Year Of The Existing Janitorial Services For Transit Contract Approved On September 5, 2000 With Sanserve Building Services Of Beaumont, Texas For An Amount Of $7,543.56 For The Current Year. (2) P. R. No. 12010 - A Resolution Authorizing The Chief Of Police At~d City Manager To Apply Along With The Jefferson County Sheriff's Department, The Hardin County Sheriff's Department, The City Of Beaumont Police Department, The City Of Nederland Police Department, The City Of Port Neches Police Department And The City Of Groves Police Department For The Continuation Of The Jefferson County Narcotics Task Force. (3) P. R. No. 12029 - A Resolution Approving An Assignment Of The Oil & Gas Lease Dated September 19, 2002. (4) P. R. No. 12030 - A Resolution Approving An Assignment Of The Oil & Gas Lease Dated October 30, 2001. VYt'. XTENIS RE(~UXRYNG [NDI'VIDUAL ACTYON - NON CONSENT A. Resolutions (1) P. R. No. 12016 - A Resolution Authorizing The City Manager To Bind The City Of Port Arthur For The Health Department Liability Insurance Coverage. (2) P. R. No. 12025 - A Resolution Approving The Release & Settlement Agreement In Cause No. E-162,874; F. D. Shay Contractor, Inc., Vs. City Of Port Arthur And B/ack & Veatch (3) P.R. No. 12031 - A Resolution Establishing A Neighborhood Empowerment Zone Under Chapter 378 Of The Local Government Code. 4 AGENDA DECEHBER 17,2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON CONSENT - CONTINUED (4) ,P. R. No. 12033 - A Resolution Rescinding Resolution No. 02-15 As It Pertains To A Performance-Based Incentive Policy As Recommended By The Cornerstone Group As It Relates To The Port Arthur Section 4A Economic Development Corporation. (5) P. R. No. 12034 - A Resolution Authorizing The Cib/Manager To Approve The Target Grant And Sales Tax Refund Agreement. (6) P.R. No. 12037 - A Resolution Pertaining To Lots 1, 2 And 3, Block 2, Schmyser 3 (Account No. 301-1601-591.81-00 CIP 909) B. Ordinances (i) P. O. No. 5304 - An Ordinance Pertaining To The Requested Rate Increase Of Southern Union Gas. (2) P. O. No. 5309 - An Ordinance Changing The Name Of The Port Arthur Youth Commission Created By Ordinance No. 02-48 To Port Arthur Youth Advisory Council And Amending Article XXI! Of The Code Of Ordinances To Reflect Such Change. C. *Reports And Recommendations (1) Report On Teen Court (2) Report On Safe School Routes Program Grant (3) Report On Revolving Loan Program (Requested By Councilmember Gillam) (4) Report On Service Zone (5) Report On Health Department Roof Repairs (6) Report On Boards, Commissions And Committees *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 DECEMBER 17, 20'02 VIII. REPORTS OF BOARDS & COMM~q-rEES 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 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Pre.siding 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 Section Section Section Section Section 551.071 - Litigation And/Or Legal Advice 551.072 - Land 551.073 - Negotiated Contracts For Prospective Giffcs To The City 551.074 - Personnel 551.076 - Security Personnel Or Devices 551.087 - Deliberations Regarding Economic Development Incentives Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney And Brian Begle The Pending Litigation Of/vl///$ Vs. C/b/ Of Port Arthur And The EDC. (2) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As To Asserting The Legislative Privilege In Cause No. B- 167,372; Metreyeon, Et Al, ils, The Prerncor Refin/ng ~;roup, /nc, (3) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To Southern Union Gas. (4) Section 551.071 Government Code - To Discuss With The City Attorney The Shay Vs. C/ty Of Port Arthur And B/ack & Veatch Litigation. (5) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To Southeast Texas Construction Corporation. (6) Section 551.087 Government Code - To Discuss Incentives For Healthcare And Commercial Business Prospects. (7) Section 551.071 Government Code - To Discuss With The City Attorney Procedures To Avoid Risk Of Litigation As It Pertains To The Health Clinic. AGENDA DECEMBER 17, 2002 IX. Xm *CLOSED r4EETING (EXECUTt'VE SESSION) - CONTINUED (8) Section 551.071 Government Code - To Discuss With The City Attorney Pending Condemnation Litigation. *The items Tn Executive Session May Be Discussed And Acted On lin Open Session FUTURE AGENDA ZTEH$ 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. XI. AD'IOURNMENT OF MEETI~NG NOTE: if Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On December 18, 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 MEMP~Ei~S /:~ECOGNITION BY PRESIDING OFFICER. NO PERSON SHALL ADDRESS THE COUNCIL WITHOUT FirST BEING RECOGNIZED BY THE PRESIDING OFFICER. 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 TON.E 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 PURTHER TIME IS GRANTED 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 OTHE.~ THAN MEMBERS OF THE COUNCil AND THE PERSON ihAVING 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 IMP~EDLY, PERSONAL, iMPERTiNENT, SLJ~NDEROUS. 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 F~OM FURTHER AUDIENCE BEfOR~ THE COUNCIL DURING THAT MEBTING. ADDRESSES AFTER MOTION MADE OR ~:;U~LJC HEARING CLOSED. AFTER A MOTION HAS BEEN MADE OR A PUBLIC HEARING HAS BEEN CLOSED. NO MEMBE.~ OF THE PUBL]C 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 ALLOWE]~ TO ADDRESS THE CI~ 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 POR ELECTION· DISORDERLY CONDUCT. NO PERSON IN THE AUDIENCE SHALL ENGAGE IN DISORDERLY CONDUCT SUCH AS HAND CLAPPING. STAMPING Of FEET. WHISTLING, USING PROFANE L~NGUAGE, 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. RU~ES 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 E~E 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 SPECIF~ 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. AFER A MOTION, SECOND AND DISCUSSION BY THE CITY COUNCIL ON ANY SPECIFIC AGENDA ITEM, AND BEFORE A VOTE IS TAKEN, THE PRESIDING OFF~CE.~ 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. 'ISPECIFIC 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.