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Home My WebLink AboutJANUARY 28, 2003OSCAR 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 FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CiTY SECRETARY MARK T. SOKOLOW CITY ATi-ORNEY AGEr'IDA Cihl Januar,§ 28, 2003 8:30 a.m. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 · 409/983-8115 * FAX 409/983-8291 CTTY COUNCTL MEETTNG City Hall Council Chamber City Of Port Arthur .lanuary 28, 2003 8:30AM rI II. ROLL CALL, TNVOCATtON & 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 PROCLAHATZONS & MZNUTES Minutes - Regular Meeting January 21, 2003 PETTTIONS &COMMUNTCATZONS A. Speakers Regina Lindsey, Executive 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 (2) Virginia Dudley-Schoolfield Regarding Letter From Economic Development Corporation B. CorresDondence Mariner's Cove AGENDA JANUARY 28, 2003 IV. PUBLZC HEARINGS - 9:00At4 None UNFINISHED 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 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The item Or items Will immediately Be Withdrawn For individual Consideration in its Normal Sequence After The items Not Requiring Separate Discussion Have Been Acted Upon. Consideration And Approval Of The Purchase Of 460 Ninety-Six Gallon And 125 Sixty-Four Gallon Toter Containers in The Amount Of $23,905.85 From Toter, Inc., Of Statesville, North Carolina (Through The State Of Texas Contract Bid #450-A2 Purchasing Contract) For The Public Works Department (Solid Waste Division). Consideration And Approval Of Payment To Bill Baker & Company, inc., Of Houston, Texas For Supplemental Accident Repairs To A 1986 American 1500 GPM Pumper Truck (Equipment #644) in The Amount Of $9,889.09 For The Fire Department. C. Expense RePorts City Attorney Mark T. Sokolow: Use Of Personal Auto On City Business, December 12 - January 16, 2003 25.92 AGENDA JANUARY 28, 2003 Vt'. CONSENT AGENDA - CONTt'NUED Resolutions - Consent (]-) (2) P. R. No. 12059 - A Resolution Authorizing Designating And Establishing The Mardi Gras Entertainment Area For 2003, Designating Mardi Gras Of Southeast Texas, Inc., As The Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Mardi Gras Of Southeast Texas, Inc. P. R. No. 12069 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. Vt':[.t.TEIVlS REQU]*Rt.NG t'NDI'Vt.DUAL ACTt.ON - NON-CONSENT (1) (2) (1) (2) (3) (4) Resolutions P. R. No. 12056 - A Resolution Approving The Expenditure By The City Of Port Arthur Of $5,000 To Sponsor The BOSS Conference. (Requested By The Texas Association Of Minority Business Enterprises) P. R. No. 12070 - A Resolution Appointing Members To The Port Arthur Youth Advisory Council. Ordinances - None *Reoorts And Recommendations Report On Hike And Bike Trail Report On Downtown Redevelopment November, 2002 Financial Report Report On Flood Damage Claim Process AGENDA ]ANUARY 28, 2003 VIII. IX. C. *Reports And Recommendations (Continued) (5) Report On The Selection Process Of The City's Official Newspaper (Requested By Councilmember Henderson) (6) Report On City/PAISD Library Cooperative Program *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 & COt4t4I'n'EES - None *CLOSED HEETING (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": 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 Healthcare, Commercial Business, Retail And Industrial Prospects. (2) Section 551.076 Government Code - To Discuss The Deployment Or Implementation Of Security Personnel Or Devices. *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA .JANUARY 28, 2003 X. FUTURE AGENDA ITEf4S 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.~OURNMENT OF I4EET~NG 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 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 ~F 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. DISORDERLY 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 U]~ERS 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. 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 CITY 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. DISORDERLY 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 BE 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 TE;(AS OPEN MEETINGS LAW. (2) NONRESIDENTS. ANY NONRESIDENT WISHING TO ADDRESS THE COUNCIL SHALL NOTIFY THE CITY SECRETARY AND SPECIFY HIS iNTEREST IN THE MAURER 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. 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. '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.