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HomeMy WebLinkAbout12-02-08 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR JACK CHATMAN, JR., MAYOR PRO-TEM COUNCIL MEMBERS: ELIZABETH "LIZ." SEGLER MORRIS ALBRIGHT, 111 MARTIN FLOOD .TORN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE 'T'HOMAS J. HENDFRSON AGENDA City Council Regular Meeting December 2, 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 City Council Meeting City Hall Council Chamber City Of Port Arthur December 2, 2008 8:30AM PLEASE TURN OFF OR MUTE ALL 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 II. PROCLAMATIONS $ MINUTES Proclamations Minutes June 10, 2008 -Special/Joint Pleasure Island Commission Meeting June 10, 2008 -Special Meeting November 18, 2008 -Special Meeting November 18, 2008 -Regular Meeting November 25, 2008 -Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers James Fedrick, Sr. Regarding Parking In 'Your Yard B. Presentations None C. Correspondence None AGENDA DECEMBER 2, 2008 IV. PUBLIC HEARINGS - 9:00 AM None V. 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 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Separately Unless RequestE;d By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Payment In The Amount Of $13,796.58 To Miriam K. Johnson, Tax Assessor Co/%ctor, For The 2008 Tax Year Collection Fee B. Consideration And Approval Of Payment To De// & CDW (Through The State Of Texas D/R Pricing) In The Amount Of' $8,445 For Two Servers And Related Software For City Hall C. Consideration And Approval Of Payment To Southeast Service Company In The Amount Of $5,980 For Repairs To The A/C Units (Damaged By Hurricane Ike) At The Police Department D. Consideration And Approval Of Payment To GT Distributors In The Amount Of $9,804.35 For Twelve Model X26 Tasers .And Twelve Taser Holsters For The Police Department E. Consideration And Approval Of Payment To Texas Commission On Environmental Qua/ity (TCEQ) In The Amount Of $7,945.02 For The Annual Water System Fee F. Consideration And Approval Of Payment To Tony's Kusto,m & Co//ision In The Amount Of $5,781.81 For Repairs To A 2007 GMC Trash Truck (Equipment #1635) 2 AGENDA DECEMBER 2, 2008 VI. CONSENT AGENDA -CONTINUED G. Expense Report Mayor Deloris "Bobbie" Prince: Attended 96t" Annual TML Conference, San Antonio, TX October 28-31, 2008 $1,453.38 Attended Annual NLC Conference, Orlando, FL November 10-15, 2008 $3,813.15 Councilmember Elizabeth "Liz" Segler: Attended 96t" Annual TML Conference, San Antonio, TX October 28-31, 2008 $1,647.70 Councilmember Dawana K. Wise: Attended Annual NLC Conference, Orlando, FL November 10-16, 2008 $2,901.27 Councilmember Thomas J. Henderson: Attended 96t" Annual TML Conference, San Antonio, TX October 28-31, 2008 $1,383.43 City Attorney Mark T. Sokolow: Attended Creditor's Meeting For J. D. Manufacturing, Houston, TX November 17, 2008 $ 67.55 Resolutions -Consent (1) P. R. No. 14841 - A Resolution Calling For A Public Hearing To Amend Sections 7- 100, 7-101, 22.101, 26-100, Of The Zoning Ordinance (Appendix A) Of The City Of Port Arthur Code Of Ordinances (2) P. R. No. 14988 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $12,278.34 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1657 (3) P. R. No. 14991 - A Resolution Authorizing The City Of Port Arthur To Accept A Donation Of Six Thousand Dollars ($6,000) From Area Hotel Owners For The Purchase Of Emergency Equipment For The Purpose Of Total Effective Traffic Enforcement 3 AGENDA DECEMBER 2, 2008 VI. CONSENT AGENDA -CONTINUED (4) P. R. No. 14998 - A Resolution Approving A Contract Amendment With Lamar State College-Port Arthur On Behalf Of The Port Arthur Weed And Seed Initiative, To Extend The Term Of The Contract From December 31, 2008 To June 30, 2009. WS0701; Account No. 114-1051-517-59-00 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions P. R. No. 14996 - A Resolution Authorizing $75,000 From The City Of Port Arthur Section 4A Economic Development Cor~roration Training Budget For An "On-The- Job Training" Program; Said Program To Provide Reimbursement To Employers For Extraordinary Costs Associated With Skills Upgrade Training For Full-Time Employment Of Port Arthur Residents B. Ordinances (1) P. O. No. 5949 - An Ordinance Granting An Excavation Permit Issued Pursuant To Article VII (Excavations) Of The Code Of Ordinances Of The City Of Port Arthur To Roya Estates Located South Of Lake Arthur Drive And West Of Proposed 67t" Street (AKA Part Of Lot 5, Block 10, Range "G" Lots 7 & 8, Block 10, Region "H" And Part Of Reserve "C" Port Arthur Land Company, City Of Port Arthur; Jefferson County, Texas (2) P. O. No. 5953 - An Ordinance Amending Section 78-53 As It Pertains To Inclement Weather Pay During Major Disasters (3) P. O. No. 5955 - An Ordinance Amending Section 18-37 Of The Code Of Ordinances As It Pertains To Contractor Liability Insurance Or Bonds, Providing For A Penalty, Publication And An Effective Date (4) P. O. No. 5958 - An Ordinance Pertaining To The Sale Of Property Located At 3510 Lake Arthur Drive, Port Arthur, Texas C. *Reports And Recommendations None *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 & COMMITTEES -None 4 AGENDA DECEMBER 2, 2008 IX. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements (Jf 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 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To Worsham Vs. City And Pleasure Island Commission (2) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation Of Intercoastal Golf Vs. City Of Port Arthur And Pleasure Island Commission (3) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (4) Section 551.072 Government Code - To Discuss The Value Of Land In The City's ETJ (5) Section 551.072 Government Code - To Discuss The Value Of Land In Downtown Port Arthur (6) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Compliance With Industrial District Agreements, Assignments, Hiring And Recruitment Provisions, Extensions And Options For Annexation *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 5 RULES OF DECORUM -PERSONS ADDRESSING COUNCIL &. AUDIENCE MEMBERS 1. Recognition by Presiding D~cen No person shallaaddress 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. Ail remarks shall be addressed to the Coundl 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 dirediy.or throagh a member of the Council, without the permission of the Presiding Officer. ~ . 3. Improper References, Disorrder/y Conduct By Person Addressing The Coundl; Any person makin im liedt g, expressly or P Y. 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 condud;, 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. Addresses After Motion Made or Pub/lc Hearing Gose~ After a motion has been made or a public hearing has been dosed, no member of the public shall address the Council from the audience on the matter under consideration without first secaring permission to do so by majority vote of the City Coundl. 3. Campaign Speeches Prohibite~a/. No persons will be allowed to address the City Coundl by making campaign speeches for or against any candidate who has announced ar does announce his intention to run, or issue already ordered on a ballot for eled~on. 6. Disorderly Conduct No person in the audience shall engage in disorderly conduct such as hand clapping, . stamping of feel;,, 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 Coundl proceedings and/or discomfort to the public. 8. Persons Having Comp/aint5, Allegations, or Charges Against Individual City Emp/oyeesr No person shall make any complaint, specific allegation, or charge against an individual City.Employee byname 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 Coundimember may move ~ require the Presiding Officer to enforce this division, and the affirmative vote of a majority of the Coundl 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 Reauestin6 To Be Weard pn ~a nda 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 Texas Open Meetings ~ Law. (2) Nonresidents. Any nonresident wishing to address the Council shalt notify the City Secretary and spedfy 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. Sveafic Agenda Item. After a motion, second and discussion by the City Council on any spedfic 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. "Spedfic Agenda Itemsp are defined as any item spedfied on the Notice of Meting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council. .