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HomeMy WebLinkAboutJANUARY 7, 2003OSCAR G. ORTIZ, MAYOR THOMAS J. HENDERSON, MAYOR PRO-T£M COUNCIL MEMBERS: CRAIG HANNAH FELIX A. BARKER TOM GILLAM, REV. RONNIE UNDEN BOB BOWERS ROSE MITCHELL CNAISSON MICHAEL "SHANE" SINEGAL City of Texas STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARX T. SOXOLOW CITY A~I'ORNEY AGENDA City Council Regular Meeting January 7, 2003 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 3anuary 7, 2003 8:30AM ROLL CALL~ INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Henderson Councilmember Hannah Councilmember Barker Councilmember Gillam Councilmember Linden Councilmember Bowers Councilmember Chaisson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow II. PROCLAMATIONS & MINUTES Minutes - Regular Meeting December 17, 2002 III. PETITIONS &COMMUNICATIONS A. Speakers Regina Lindsey, Executiv~ Director Of The Southeast Texas Arts Council, Regarding Announcement Of A New Southeast Texas Arts Council Publication, "Off Ramp", And A Report On Winter Odyssey B, Correspondence None IV. PUBLIC HEARINGS - 9:00AM None ~,GENDA JANUARY 7, 2003 UNF1~N~'SHED BUSZNESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: 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. Vi'. CONSENT AGENDA NOT~CE 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Ttems Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. Expense Accounts: Mayor Oscar G. Ortiz: Use Of Personal Auto On City Business, December, 2002 $ 86.14 Councilmember Felix A. Barker: Use of Personal Auto On City Business, December, 2002 $100.00 Councilmember Thomas 3. Henderson: Use Of Personal Auto On City Business, November-December, 2002 $190.53 Assistant City Secretary Terri Hanks: Attend Office Of The Attorney General 2002 Open Government Conference, Austin, Texas, December 10-13, 2002 $955.00 ~GENDA ,2003 CONSENT AGENDA - (CONT1~NUED) Resolutions - Consent (1) P. R. No. 12014 - A Resolution Authorizing The City Manager To Execute A Certificate Of Acceptance For The Furniture And Fixtures For The City Of Port Arthur Health Department Facility And Authorizing Final Payment Of Invoice No. 3 And Final In The Amount Of $3,950; Funding Being Available In FY 2003 Account No. 301-1601-591.82-00, CIP 170. (2) P. R. No. 12026 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And The Southeast Texas Camp Fire Council's Inc., In The Amount Of $9,310.00, For The Benefit Of The Low And Moderate Income Residents Of The City. (3) P. R. No. 12027 - A Resolution Authorizing The Execution Of A CDBG Contract In The Amount Of $8,405.00 Between South East Texas Regional Planning Commission-Experience Corps And The City Of Port Arthur To Provide Tutoring For Students lin The Port Arthur Independent School District. (4) P. R. No. 12028 - A Resolution Authorizing The Execution Of A Memorandum Of Agreement In The Amount Of $16,400.00 Between The City Of Port Arthur And Lamar State College-Port Arthur, For Financial Assistance To Qualified, Low Income Port Arthur Residents Who Do Not Qualify For Pell Grant Assistance. (s) P. R. No. 12038 - A Resolution Accepting A Twenty-Foot (20" Wide) Drainage Easement From Paul V. Lebleu And .loyce M. Lebleu Out Of Tracts 7-E, 7-G And 7-H, A Replat Of A Part Of Lot 7, Block 12, Range "G", Port Arthur Land Company Subdivision. (6) P. R. No. 12039 - A Resolution Pertaining To An Agreement With Lamar State College-Port Arthur For The Use Of The City's Baseball Field Starting With The Spring 2003 Semester. (8) P. R. No. 12041 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. ~,GENDA JANUARY 7, 2003 VI. CONSENT AGENDA - (CONTINUED) (9) P..R. No. 12042 - A Resolution Approving The 2003 City Street Program And The 29th Year CDBG Street Program, In The City Of Port Arthur, With Funding Available In The FY 2003 General Fund Budget And From The 29m Year Community Development Block Grant Program When Approved. (10) P.R. No. 12044 - A Resolution Pertaining To The Health Department Liabil'ity Insurance Coverage. (11) P. R. No. 12045 - A Resolution Authorizing The City Manager To Apply For Funds Under The State Of Texas, Office Of The Governor, Criminal Justice Division, Juvenile Accountability Incentive Block Grant Program In The Amount Of $27,013.00 To Continue Developing And Utilizing A Juvenile Accountability Tracking Database System. (12) P.R. No. 12047 - A Resolution In Support Of Increased Funding For Small Rural And Rural Public Transportation Services. VII. ITEMS REQUIRING INDIVIDUAL ACTION- NON-CONSENT A. Resolutions (1) P. R. No. 12043 -'A Resolution Requesting The Port Arthur Section 4A Economic Development Corporation To Immediately And Fully Respond To The Inquiries Of The City's Independent AL~ditor And To Immediately Pay Or Reimburse The Cost Of The Audit. (Requested By Councilmember Linden) (2) P.R. No. 12048 - A Resolution Establishing The City Secretary's Pay Rate After Satisfactory Completion Of The Six (6) Month Probationary Period. AGENDA JANUARY 7, 2003 VIZ. TTEMS RE(~UIRING INDIVIDUAL ACTION - NON-CONSENT - (CONTINUED) B. Ordinances (1) P. O. No. 5305 - An Ordinance Amending Chapter 38 (Fire Prevention And Protection) Of The Code Of Ordinances Of The City Of Port Arthur In Its Entirety; Section 38-31 (:~nternational Fire Code), And Section 38-32 (Amendments To The International Fire Code), Article II (Standards), Chapter 38 (Fire Prevention) Of The Code Of Ordinances Of The City Of Port Arthur; Adopting The International Fire Code, 2000 Edition, Published By The International Code Council, Inc., Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars, As Provided In Section 1-13 Of The Code, Section 5 Of This Ordinance Or As Nay Be Otherwise Imposed By State Law; Providing A Savings Clause; And Providing For Publication And An Effective Date Immediately Alter Publication. (2) P. O. No. 5306- An Ordinance Amending Chapter 18 (Buildings) Article 2 Building Codes Section 18-31 And Section 18-32 Of The Code Of Ordinances Of The City Of Port Arthur, As To Adopt The International Building Code, 2000 Edition Published By The International Code Council Inc.; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars, .As Provided In Section 18-43 Of The Code Or As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication. (3) P. O. No. 5307 - An Ordinance Amending Chapter 18 (Buildings) Article III Electrical Codes Division 6 (Standards) Section 18-221, Section :L8-227 And Section 18-228 Of The Code Of Ordinances Of The City Of Port Arthur, As To Adopt The National Electrical Code, 2002 Edition Published By The International Electrical Code Series; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars, As Provided In Section 18-43 Of The Code Or As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication. kGENDA 7, 2003 III. ITEMS RE(~UIR/NG INDIVIDUAL ACTION - NON-CONSENT- (CONTINUED) (4) P.O. No. 5308 - An Ordinance Amending Chapter 18 Of The Code Of Ordinances Of The City Of Port Arthur By Adding A New Article XIII[ To Tlie Code Ordinances Of The City Of Port Arthur As To Adopt The 2000 International Residential Code And Local Amendments Thereto, With A Penalty Not To Exceed $2,000 Per Violation And Providing For The Publication Thereof. (C) *Reports And Recommendations (1) Report On Revolving Loan Program (Requested By Councilmember Giliam) (2) Report On Service Zone (3) Report On The Closure Of Stilwell Boulevard Between Procter Street And Lakeshore Drive - Traffic Impact Study (4) October, 2002 Financial Report (5) Report On Council EDC Retreat *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional Information And Records. VIII. REPORTS OF BOARDS & COMMII-rEES None IX. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: 6 AGENDA .1ANUARY 7, 2003 IX. *CLOSED MEETTNG (EXECUTIVE SESSTON) "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.07:1 - Litigation And/Or Legal Advice Section 55:1.072 - Land Section 551.073 - Negotiated Contracts For Prospective Gifts To The City Section 551.074 - Personnel Section 551.076 - Security Personnel Or Devices Section 551.087 - Deliberations Regarding Economic Development Incentives Closed Meetinq: (1) Section 551.087 Government Code - To Discuss Incentives For Healthcare And Commercial Business Retail And Industrial Prospects (2) Section 551.074 Government Code - To Discuss The Evaluation Of The City Secretary FUTURE AGENDA ITEMS OR RE(~UESTED REPORTS Items For Future Agenda Consideration Or Reports From Staff May Be Requested But No Discussion Of Any Item Or Request Shall Take Place. XI. AD3OURNMENT OF I4EETING F~ULE$ OF DECOF~UM - PEF~SON~ ADDF:ES~ING COUNCIl & AUDIENCE MEMBEF~S 1. ~ECOGNITION ~Y PRESIDING OFFICER. NO pE.~SON 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 PROVIDE[~ 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 OB 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 OTHE~ THAN MEMBERS OF THE COUNC:L AND THE PERSON ~AVING THE FLOOR SHALL BE pERMITTED TO ENTER INTO A~Y DISCUSSION, WHETHER DIRECTLY OR THROUGH A ME.~/IBERS OF THE COUNCil, WITHOUT tHE PERMISSION OF THE PRESIDING OFEICER. 3. IMPROPER REPERENCES. DISORDERLY CONDUCT 8¥ PERSON AD~PRESSIjkIG THE COUNCIL: ANY PERSON MAKING, E:(~RESSLY OR IMP[E~LY, PERSONAL. IMPERTiNENt, SL~NDE.~CUS, DEROGATORY, DISCOURTEOUS, SNIDE, OR pROFANE RE.~ABKS OR WHO WILLFULLY UTTERS LOUD, THREATENING OR ABUSIVE L~NGUAGE. OR E~GAGES, iN ANY DISORDERLY C~NBUCT WHICH WOULD IMPEDE, DISRUPT, OR DIStURS THE ORDERLY CONDUCt THE ORDER BY THE PRESIDING OFFICER, AND IF SUCH CONDUCT CONTINUES, MAY, AT THE DISC~EtION OF THE PRESIDING OFFICER, BE ORDERED BABRED F~OM FURTHER AUDIENCE BEFORE tHE COUNCIL DURING THAt MEETING. 4. ADE)RESSES AFTER MOTION MA~E OR PUSLIC HEARING CLOSE~. AFTER A MOTION HAS BEE~ MADE OR A PUBLIC HEARING HAS BEEN CLOSED, NO MEMBE.~ OF THE PUBLIC SHALL ADDRESS THE COUNCil FROM THE AUDIENCE ON THE MA~TER UNDER CONSIDERATION WithOUT FIRST SECURING pERMISSiON TO DO SO BY MAJORiTY VOTE CF THE City COUNCIL. S. CAMPAIGN SPEECHES PROHIJ~I~E~. NO PERSONS WIL~ I=E 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 ORDERE~ ON A ~ALLOT FOR E~ECT1ON. ~. ~ISORDERLY CONDUCT. NO PERSON IN THE AUDIE.~ICE SHALL E~GAGE IN DISORDERLY CONDUCT SUCH AS HAND CLAPPING. STAMPING OF FEET. WHISTLING, USING PROFANE L~NGUAGE, YELLING, AND SIMIL~R DEMONSTRAtiONS, WHICH CONDUCT DISTURBS THE PEACE AND GOOD ORDER OF THE MEETING. 7. L]MITATIONS ON USE OF SUPPLEMENTAL LIGHTING. LIMITATIONS ON USE OF SUPPLEMENTAL LIGHTING FOR TELEVISION AND MOTION PICTURE CAMERAS tO CREATE tHE LEAST A~MOUNt OF INTERFERENCE WITH OR DISTURBANCE OF COUNCil pROCEE'~INGS AND/OR DISCOMFORT TO THE PUBLIC. ~. PERSONS HAYING COMPLAINTS. ALLEGATIONS, OR CHARGES AGAINST INDIVIDUAL CIT~ EMPLOYEES. NO PERSON SHALL MAKE ANY COMPLAINt, SPECifiC ALLEGAT}ON. OR CHARGE AGAINST AN iNDiViDUAL CITY EMPLOYEE BY NAME IN A PUBLIC ME]~TiNG UNLESS HE FirST SHOW THAT HE HAS PURSUED APPROPRIATE ADMINISTRATIVE CHANNEL. RULES OF P~OCEDU~E 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. I=ERSQNS REQUESTING TO J~E HEARD ON AGE:~DA 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 TE;(AS OPEN MEBT1NGS LAW. (2) NONRESIDENTS. ANY NONRESIDENT WISHING TO ADDRESS THE COUNCIL SHALL NOTIFY THE CITY SECRETARY AN[~ SPEC[Fd HIS INTERESt IN THE MAT~ER BE]NG CONSIDERED. THE CiTY SECRETARy SHALL PRESENT SUCH REQUEST TO THE PRESIDING OFFICER FOR APPROVAL BEFORE pLACING THE NAME ON THE AGENDA. SPECIFIC AGENDA ITEMS. AFFER A MOTION. SECOND AND DISCUSS;ON BY THE CitY COUNCIL ON ANY SPECIF1C AGENDA ITEM, AND BE,=ORE 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 PERMITTE~ TO ADDRESS THE COUNCIL THEREON FOR A PERIOD OF THREE (3} MINUTES. "SPECIFIC AGENDA ITEMS" ARE DE~INED AS ANY ITEM SPECIFIED ON THE NOTICE OF MEETING POSTE~ FOR pURPOSES OF THE TE;(AS OPEN MEETINGS LAW AND WHICH BECOMES THE SUBJECT OF A MOTION BEFORE THE COUNCIL.