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HomeMy WebLinkAboutJANUARY 21, 2003OSCAR G. ORTIZ, MAYOR THOMAS J. HENDERSON, MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH FELIX A. BARKER TOM GILLAM, Ill REV. RONN~E LINDEN BOB BOWERS ROSE MITCHELL CHA~SSON MICHAEL "SHANE" GINEGAL City o£ Texas STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY A1TORNEY AGENDA City Council Regular Meeting January 21, 2003 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 77641-1089 · 409/983-8115 · FAX 409/983-8291 CITY COUNCIL MEETING City Hall Council Chamber City Of Port Arthur 3anuary 21, 2003 5:30PM II. 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 PROCLAMATIONS & MINUTES Minutes - Regular Meeting January 7, 2003 III, PETITIONS &COMMUNICATIONS A. Soeakers None B. Correspondence None IV. PUBLIC HEARINGS - 7:00PM Consider Request For Abandonment Of The Rights-Of-Way Of 4m Avenue And 5th Avenue Between Greenwich Street And Broadway Street In Sabine Pass. (A03-01 Applicant: Harvey Hudspeth NOTE: This Is Not A Zoning Change). AGENDA JANUARY 21,2003 UNFINi'SHED BUStNESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: None 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence Alter The Items Not Requiring Separate Discussion Have Been Acted Upon. Consideration And Approval Of Awarding A Bid For The Purchase Of One 3/4- Ton Pickup Truck With Service Body To Triangle Chevrolet Of Port Arthur, Texas In The Amount Of $22,323 For The Public Works Department (Street Division). Consideration And Approval Of Awarding A Bid For The Purchase Of One 6-8 Cubic-Yard Dump Truck To Philpott Motors Of Nederland, Texas In The Amount Of $51,393 For The Public Works Department (Drainage Division). Consideration And Approval Of Awarding A Bid For The Furnishing And Installation Of Two Overhead Rolling Doors To Overhead Door Company Of Beaumont, Inc., Of Be.aumont, Texas In The Amount Of $5,758 For The Utility Operations Department (Wastewater Treatment Division). Consideration And Approval Of Payment To Miriam K. 3ohnson, Tax Assessor Collector, In The Amount Of $7,060.24 For The 2002 Tax Year Collection Fee. Consideration And Approval Of Awarding A Bid For The Purchase Of Fire Department Bunker Coats And Trousers'To Dooley Tackabem/ Inc., Of Houston, Texas In The Amount Of $28,820 For The Fire Department. AGENDA JANUARY 21, 2003 VI'. CONSENT AGENDA - CONTZNUED Consideration And Approval Of Awarding A Bid For The Purchase Of A 60 KW Katolight Model SNL60FRT Natural Gas Generator Set (With A Two-Year Warranty), Automatic Transfer Switch And Installation From Emergency Power Service Of Beaumont, Texas lin The Amount Of $17,947 For Fire Station #8. G. Expense Accounts: Councilmember Robert A. Bowers: Use Of Personal Auto On City Businesss, December, 2002 $ 24.49 Councilmember Tom Gillam, Il[I: Use Of Personal Auto On City Business, December, 2002 $ 68.04 Attend National League Of Cities Annual Conference, Salt Lake City, Utah December 3 - 6, 2002 $1,441.94 City Secretary Evangeline Green: Attend Texas Municipal Clerks Election Law Seminar, Austin, Texas 3anuary 7-10, 2003 $ 942.31 Resolutions - Consent (1) P. R. No. 12011 - A Resolution Rescinding An Award To MS~S Hauling Of Port Arthur, Texas For Material Hauling Services And Authorizing The Public Works Department To Re-Advertise For Bids. (2) P. R. NO. 12032 - A Resolution Approving A Water Line Easement To The City Of Port Arthur From Richard E. Doornbos, Et Al, And Authorizing The City Manager To Execute Such Easement Agreement. (3) P. R. No. 12046 - A Resolution Approving The Acceptance And Execution Of Two Subcontracts To Perform Tobacco Prevention And Control Activities For A Total Amount Of $13,900. 3 AGENDA JANUARY 21, 2003 VI. CONSENT AGENDA - CONTINUED (4) P. R. No. 12049 - A Resolution Awarding A Contract To Cbastal Demolition, inc., in The Amount Of $14,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group A), To Be Charged To Account No. 105-1431-552.59-00; Project No. C28120. (5) P. R. No. 12050 - A Resolution Awarding A ContractTo Provost Demolition & Construction In The Amount Of $12,500.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group B), To Be Charged To Account No. 105-1431-552.59-00; Project No. C28120. (6) P. R. No. 12051 - A Resolution Awarding A Contract To Coastal Demolition, Inc., In The Amount Of $14,700.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group C), To Be Charged To Account No. 105-1431-552.59-00; Project No. C28120. (7) P. R. No. 12052 - A Resolution Awarding A Contract To Provost Demolition & Construction In The Amount Of $6,795.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group D), To Be Charged To Account No. 105-1431-552.59-00; Project No. C28120. (8) P. R. No. 12054 - A Resolution Authorizing The Mayor And City Manager To Execute Change Order No. 6 And Final For An Increase Of $7,800 To The Contract Dated November 29, 2001 With SeTEX Construction Corporation Of Beaumont, Texas For The Rehabilitation Of The Port Arthur Health Clinic Facility, Authorizing The City Manager To Execute A Certificate Of Acceptance And Authorize Final Payment in The Amount Of $39,259; Funding Being Available In FY 2003 Account No. 301-1601-591.82-00, CIP 170. (9) P. R. No. 12058 - A Resolution Authorizing Filing An Application With The Federal Transit Administration For Funding For Port Arthur Transit. AGENDA 3ANUARY 21,2003 VT. CONSENT AGENDA - CONTZNUED (10) P.R. No. 12062 - A Resolution Amending The Agreement Between The City .Of Port Arthur And Carl Parker. (11) P. R. No. 12063 - A Resolution Approving An Extension Of The Management Contract With Aquila Golf, Inc. For Operation And Maintenance Of Babe Didrickson Zaharias Memorial Golf Course. ITEMS RE(~UIRZNG INDTVIDUAL ACTION - NON CONSENT A. Resolutions (1) P. R. No. 12055 - A Resolution Approving Additional Funding For The Compliance Audit Being Performed By Gayle W. Botley & Associates As Approved By City Council Resolution 02-317. (2) P. R. No. 12057 - A Resolution Confirming The Reappointment Of Leo Cole As Member Of The Civil Service Commission Of The City Of Port Arthur For A Term Of Three (3) Years Ending February 2, 2006. (3) P. R. No. 12061 - A Resolution Appointing Members To The Port Arthur Youth Advisory Council. (Recommended By Councilmember Linden) P. R. No. 12065 - A Resolution Cancelling And Rescheduling The February 11, 2003 Council Meeting. (Requested By The City Manager) (s) P. R. No. 12067 A Resolution Requiring Gayle W. Botley, CPA'S Independent Auditor For The City Of Port Arthur, To Provide His Audit Opinion On The Financial Statements For The Year Ended September 30, 2002 No Later Than January 28, 2003. B. Ordinances - None AGENDA JANUARY 21, 2003 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON CONSENT (CONTINUED) VIII. IX. C. *Reoorts And Recommendations (1) (2) (3) Update On The Flooding Situation On West 9th Street And Solutions Thereto (Requested By Councilmember Sinegal) Report On January 25, 2003 Joint Workshop With EDC Board Regarding Port Arthur Redevelopment Initiative And Westside Development Report On 2003 Community Development Block Grant Applications *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. REPORTS OF BOARDS & COMMI'I'rEES - None *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 55l 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 Regarding Economic Development Incentives AGENDA JANUARY 21,2003 ZX. *CLOSED MEET:lNG (EXECUT:[VE SESS:[ON - CONTTNUED) Closed Meeting: (1) Section 551.071 Government Code - To Discuss With The City Attorney Procedures To Avoid Litigation As It Pertains To The Incentive Contract Approved Per Resolution No. 01-164 And Ancillary Construction And Employee Issue. (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Southern Union'Gas. (3) Section 551.071 Government Code - To Discuss With The City Attorney Pending And Prospective Litigation As It Relates To Entergy. (4) Section 551.071 Government Code - To Discuss With The City Attorney Pending Or Prospective Matters As It Relates To The Audit Of The City. (5) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To Kathryn Pressler. (6) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To The State Marine And Palmer Superfund Sites. (7) Section 551.087 Government Code - To Discuss Incentives For Healthcare, Commercial Business, Retail And Industrial Prospects. *The Items In Executive Session May Be Discussed And Acted On In Open Session FUTURE AGENDA TTEt4S 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. Xt'. AD'IOURNMENT OF MEETI'NG NOTE: If Evening Meeting Extends Past ll:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On January 22, 2003. 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 MEMBERS RECOGNITION BY PRESIDING OFFICER. No PERSON SHAll ADDRESS THE COUNCIL WITHOUT FIRST BEING RECOGNIZED BY THE PRESIDING OFFICER. SPEAKING P~OCEDURE; 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 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 MEMBERS OF THE COUNCIL, WITHOUT the PERMISSION OF THE PRESIDING OFFICER. IMPROPER REFERENCES. EDISORDERLY CONDUCT BY PERSON ADDRESSING THE COUNCIL; ANY PERSON MAKING, EXPRESSLY OR IMP]EDLY, PERSONAL, IMPERTINENT, SLANDEROUS, DEROGATORY, DISCOURTEOUS, SNIDE, OR PROFANE REMARKS OR WHO WILLFULLY UTTERS LOUD, THREATENING OR ABUSIVE L~NGUAGE, C;R 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, M/~Y~ AT THE DISCRETION OF THE PRESIDING OFFICER, BE ORDERED BARRED fROM FURTHER AUDIENCE BEFORE THE CouNcIL DURING THAT MEETING. ADDRESSES AFTER MOTION MADE OR PUBLIC 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 MAJORITY VOTE Of THE CITY COUNCIL. CAMPAIGN SPEECHES PROHIBITED. NO PERSONS WILL BE ALLOWED TO ADDRESS THE C]~ 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. E)ISORDERLY 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. 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. RULES OFPROCEDURE 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 HEARD ON AGENDA ITEMS (1) RESIDENTS. ANY RESIDE-xlT WHO WISHES TO ADDRESS THE COUNCIL ON ANY MAT~ER MAY DO SO BY NOTIFYING THE CI~Y 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 AGE,~IDA 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 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. "SPECIFic 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.