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Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not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.