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HomeMy WebLinkAbout09-09-08 REGULARDELORIS "BOBBIE" PRINCE, MAYOR JACK CHATMAN, JR., MAYOR PRO-TEM COUNCIL MEMBERS: EL[ZABETH "L[Z" SEGLER MORRIS ALBR[GHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON IY! Energy Cll~ Of Cih, o rt rth u~ Texas AGENDA City Council Regular Meeting September 9, 2008 8:30 a.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) 983-8115. P.O. BOX 1089 • PORT ARTHUR, TEXAS 77641-1089 • 409/983-8115 • FAX 409/983-8291 Regular City Council Meeting City Hall Council Chamber City Of Port Arthur September 9, 2008 8:30AM PLEASE TURN OFF OR MUTEALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Chatman Councilmember Segler Councilmember Albright 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 PROCLAMATIONS 8 MINUTES Proclamations Minutes January 26, 2008 - Retreat/Special Meeting {Cancelled) February 22, 2008 - Retreat/Special Meeting (Cancelled) March 18, 2008 - P&Z Joint/Special Meeting March 19, 2008 - EDC Joint/Special Meeting July 01, 2008 -Special Executive Session July 01, 2008 -Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Betty Kiel Regarding Taking Trash Out Of Port Arthur (2) Harold Doucet Regarding Dump Trucks And Roads B. Presentations -None C. Correspondence -None AGENDA SEPTEMBER 9, 2008 IV. PUBLIC HEARINGS - 9:00 AM To Consider A Proposal To Increase Total Tax Revenues From Properties On The Tax Roll In The Preceding Tax Year By 8.99 Percent (Percentage By Which Proposed Tax Rate Exceeds Lower Of Rollback Tax Rate Or Effective Tax Rate Calculated Under Chapter 26, Tax Code) V. UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On These Items: (1) P. R. No. 14869 - A Resolution Approving An Industrial District Agreement With Premcor Refining Group For The COEX Expansion Project, Gasification Project And The Existing Premcor (Valero) Units (2008-2019) (2) P. R. No. 14893 - A Resolution As It Pertains To The Park Plaza Area 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. A. Consideration And Approval Of The Purchase Of Two 2009 Ford F150 'h- Ton Trucks From Philpott Motors (Through HGAC) In The Amount Of $37,471.64 For The Housing Department B. Consideration And Approval Of Payment To Control Concept, Houston, TX In The Amount Of $6,813 For Repairs To The Raw Water Pump Drive System For The Utility Operations Department (Water Treatment Division) C. Consideration And Approval Of The Purchase Of A 2009 Toyota Camry Hybrid From Philpott Motors With HGAC Pricing In The Amount Of $26,368.06 For The Fire Department AGENDA SEPTEMBER 9, 2008 VI. CONSENT AGENDA -CONTINUED D. Expense Report Mayor Deloris "Bobbie" Prince: Attended TXDOT Annual Save A Life Awards Luncheon Fort Worth, Texas August 20-22, 2008 $ 1,272.30 City Attorney Mark T. Sokolow: Trip To Beaumont Court House Beaumont, TX August 25, 2008 $ 7.70 Trip To Beaumont Court House Beaumont, TX August 29, 2008 $ 25.52 Resolutions -Consent (1) P. R. No. 14863 - A Resolution Approving A Contract Between The City Of Port Arthur, Lamar State College-Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2008-2009 Fiscal Year In The Amount Of $144,336, Account #140-1405- 557.59-00, M97904 (2) P. R. No. 14864 - A Resolution Approving A Contract Between The City Of Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Pompeiian Villa For The 2008-2009 Fiscal Year In The Amount Of $19,800, Account #140-1405-551.59-00, M97909 (3) P. R. No. 14865 - A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates A Convention/Visitors Bureau (4) P. R. No. 14876 - A Resolution Authorizing Revisions To The City's Housing Assistance Rehabilitation And Reconstruction Program Guidelines (5) P. R. No. 14895 - A Resolution Pertaining To The Demolition And Reconstruction Contracts For The House At 2310 Thomas Blvd. For $72,135.00, 3140 6th Street For $71,115.60 And 3236 17th Street For $70,875.60, For Completion Of The Homes And Payments To The Contractor Thomas Sheppard, Of Stonewater, Inc., In The Amount Of $214,126.80; Account No. 108-2141-626.59-00, Project No. HE0502, 108-2141-626.59-00 & 108-2141-626.59-01, Project No. HE0602 AGENDA SEPTEMBER 9, 2008 VI. CONSENT AGENDA -CONTINUED (6) P. R. No. 14898 - A Resolution Authorizing The Purchase Of Windstorm Coverage (Commercial And Residential) In The Amount Of $421,213 Per Annum. Proposed Funding By: General Liability Insurance Fund: 612-1702- 581.52-00 $421,213 (7) P. R. No. 14899 - A Resolution Authorizing The City Manager To Enter Into A Contract With RWL Group For Risk Management Consulting Services At The Not To Exceed Cost Of $18,000 For The 2008-2009 Fiscal Year. Funding By: General Liability Insurance Fund: 612-1702-581.52-00 (8) P. R. No. 14901 - A Resolution Authorizing An Emergency Contract With JBS Packing, Inc. As To Provide Services, Supplies, Or Trucks In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2009 To December 31, 2011 (9) P. R. No. 14902 - A Resolution Authorizing An Emergency Contract With Market Basket As To Provide Groceries And Goods In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2009 To December 31, 2011 (10) P. R. No. 14903 - A Resolution Authorizing An Emergency Contract With DRD PAT HOTEL D/B/A Holiday Inn -Park Central As To Provide Services, Supplies, Accommodations, Or Conference Rooms In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2009 To December 31, 2011 (11) P. R. No. 14904 - A Resolution Authorizing An Emergency Contract With Derrick Oil Company As To Provide Services, Fuel, Lubricants, Tanks, Trucks, Goods And Equipment At 947 Procter And 1349 Austin Avenue In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2009 To December 31, 2011 (12) P. R. No. 14905 - A Resolution Authorizing An Emergency Contract With The American Legion Post 7 As To Provide The Use Of Their Facility At 3750 Memorial In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2009 To December 31, 2011 (13) P. R. No. 14907 - A Resolution Authorizing An Emergency Contract With Ramada Inn Of Port Arthur As To Provide Services, Supplies, Or Accommodations In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2009 To December 31, 2011 AGENDA SEPTEMBER 9, 2008 VI. CONSENT AGENDA -CONTINUED (14) P. R. No. 14910 - A Resolution Authorizing An Emergency Contract With Triangle Waste Solutions As To Provide Roll-Off Boxes For Garbage, Drinking Water, Portable Buildings And Portable Toilets In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2009 To December 31, 2011 (15) P. R. No. 14911 - A Resolution Approving The FY 2008-09 Contract Between The City Of Port Arthur And The Department Of State Health Services, Immunization Branch-Locals (16) P. R. No. 14912 - A Resolution Approving The FY 2008-09 Contract Between The City Of Port Arthur And The Department Of State Health Services, RLSS-Local Public Health System (17) P. R. No. 14913 - A Resolution Approving A Contract Between The City Of Port Arthur And The Department Of State Health Services For Vital Statistics To Continue Online Birth Certificate Access (18) P. R. No. 14914 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Brammer Construction, Inc. For Completion Of The Wastewater Treatment Plant Administration Building, For An Amount Of $48,420. PROJ HRWWTP, 123-2300-901.82- 00 (19) P. R. No. 14915 - A Resolution Authorizing A Two (2) Year Contract With Otis Elevator Company Of Beaumont, Texas For Maintenance Services For The City Hall Elevators In The Amount Of $560 Per Month, For An Annual Cost Of $6,720. Funds Are Available In The Public Works City Hall Account No. 001- 1206-531.32-00 AGENDA SEPTEMBER 9, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Ordinances (1) P. O. No. 5915 - An Appropriation Ordinance Adopting A Budget For The Ensuing Fiscal Year Beginning October 1, 2008 And Ending September 30, 2009, In Accordance With Section 7, Article XII Of The Charter Of The City Of Port Arthur (2) P. O. No. 5917 - An Appropriation Ordinance Approving And Adopting A Budget For The City Of Port Arthur Section 4A Economic Development Corporation For The Ensuing Fiscal Year Beginning October 1, 2008 And Ending September 30, 2009 In Accordance With Section 12.03 Of The Bylaws Of The Corporation (3) P.O. No. 5929 - An Ordinance Amending Subsections (3), (4) And (5) Of Section 78-150 (A) Of The Code Of Ordinances As It Pertains To Overtime Compensation (4) P. O. No. 5932 - An Ordinance As It Pertains To Greenehill Park Phase I (5) P.O. No. 5933 - An Ordinance Amending Section 78-53 Of The Code Of Ordinances As It Pertains To Inclement Weather B. *Reports And Recommendations (1) Report On Quiet Zones And Railroads (2) Report On The City's September 11 Commemorative Service (3) Report On Hurricane Gustav *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 8 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 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": AGENDA SEPTEMBER 9, 2008 IX. *CLOSED MEETING (EXECUTIVE SESSION) -CONTINUED 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 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial B usiness Prospects (2) Section 551.072 Government Code - To Discuss The Value Of Land In The City's ETJ (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation With Williams And Rao (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation With Silver Spoon (5) Section 551.071 Government Code - To Discuss Potential Litigation As To ADA Accessibility (6) Section 551.071 Government Code - To Discuss Potential Litigation As To Condemnation For Drainage/Street Extensions (7) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As To Park Plaza *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 Be Requested But No Discussion Of Any Item Or Request Shall Take Place XI. ADJOURNMENT OF MEETING 7 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. 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 Referrencaes, Disorderly 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. Address g/t5er Motion Made or Pub/ic Hearing Cased, After a motion has been made or a public hearing has been dosed, no member of thq public shall address the Council from the audience on the matter under wnsideration without first securing permission to do so by'majority vote of the City Council, 3. Campaign Speeches prohibited. No persons will be allowed to address the City Coundl by making +Cmpaign speeches for or against any candidate who has announced ar does announce his intention to run, or issue already ordered on a ballot for eled9on. 6. Disorderly Conduct No person in the audience shall engage in disorderly wnduct 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. 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/ainfs, A/legations, 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 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 Renuestinc T Be Heard On Aoenda I s (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 fog approval before placing the name on the Agenda. SoeciFc Aaend 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 ItemsN are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Meetings Law and which bewmes the subject of a motion before the Council. .