Loading...
HomeMy WebLinkAboutSeptember 25, 2007DELORIS "BOBBLE" PRINCE, MAYOR MICHAEL "SHANE' SINEGAL, MAYOR PRO-TEM COUNCIL MEMBERS: JACK CHATMAN, JR. CAL JONES THOMAS J. HENDERSON MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON City of Texas STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW C1TY ATTORNEY AGENDA City Council Regular Meeting September 25, 2007 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. RO. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 · 409/983-8115 · FAX 409/983-8291 II. III. City Council Meeting City Hall Council Chamber City Of Port Arthur September 25, 2007 5:30PM INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Sinegal Councilmember Chatman Councilmember Jones Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAMATIONS & MINUTES Proclamation For September27, 2007 Julie Rogers "Gift Of Life" Program Day Breast Cancer Awareness Month - October, 2007 "Mammography Day" - October 21,2007 Minutes August 28, 2007 Regular September 4, 2007 Special September 11, 2007 Regular PETITIONS & COMMUNICATIONS A. Presentation September27, 2007- ~3 In I Ce/ebration" Reopening Of The Robert A. "Bob" Bowers Civic Center And Port Arthur Convention & Visitors Bureau & An Expression Of Thanks To All City Employees During Hurricane Rita Recovery B. Speaker Henry Bowie Regarding Electricity Provided To Homes And Businesses C. Correspondence (1) Candidate Certification (2) Certificate Of Appointment AGENDA SEPTEMBER 25, 2007 IV. PUBLIC HEARINGS- 7:00 PM (1) To Receive Public Comment To Provide For The Continued Taxation Of Tangible Personal Property In Transit, Which Would Be Otherwise Exempt Pursuant To The Texas Tax Code (2) To Receive Public Comment As To An Increase In The Salaries And Car Allowances Of The Mayor And City Councilmembers UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Items: Resolutions (1) P. R. No. 14281 - A Resolution Approving The Continued Use Of Section 4A Sales And Use Tax Within The City Of Port Arthur To Promote Or Develop New Or Expanded Business Enterprises That Create Or Retain Primary Jobs, Including A Project To Provide Demolition Of Existing Structures Until May 2010 (Proposition 9) (2) P. R. No. 14283 - A Resolution Authorizing A Contract With Germer Gertz For Legal Services As The Primary Attorney For The City Of Port Arthur Section 4A Economic Development Corporation And The Approval Of Ancillary Legal Assistance From The City Attorney's Office (3) P. R. No. 14367 - A Resolution Authorizing The Purchasing Division To Advertise For The Sale Of Lots 1-7, Block 462 Owned By The City Of Port Arthur (Requested By City Manager) (4) P. R. No. 14369 - A Resolution Authorizing The Execution Of An Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The City Of Port Arthur As It Pertains To Administrative Charges For The Fiscal Year October 1, 2007 Through September 30, 2008 Ordinance P. O. No. 5792 - An Ordinance Authorizing The Sale Of The Land Located At 4444 Highland Drive, Port Arthur, Texas, .235 Acres (Lot 10, Block 40, Griffin Park) Excluding The Lift Station And The 8 Feet By 93.77 Feet Parcel In The Amount Of $3,600 To Sanchez Remodeling Of Port Arthur, Texas AGENDA SEPTEMBER 25, 2007 VI. CONSENTAGENDA 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 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 A 2007 Polaris Ranger 4X4 CBRNE Response Vehicle From Cowboy Polaris Of Nederland, TX In The Amount Of $11,873.10 (Funded 100% By The 2006 Buffer Zone Protection Plan - Port Arthur Motiva Enterprises Grant) For The Fire Department Consideration And Approval Of The Purchase Of Two Compact Thermal Imaging Cameras From ADH Market~rig Serv/ce Of Brenham, TX In The Amount Of $25,113 (Funded 100% By The 2006 Buffer Zone Protection Plan - Port Arthur Premcor Grant) For The Fire Department Consideration And Approval Of The Purchase Of A Spacesaver 4-Post Shelving System From Southwest Solutions Group Of Houston, TX In The Amount Of $5,077.17 For The Health Department Consideration And Approval Of Awarding A Bid For The Purchase Of Three (3) Snap Servers To CDH/-G Of Vernon Hi#s, /L In The Amount Of $17,230.56 For The Police Department E. Expense Report Mayor Deloris "Bobbie" Prince: Use Of Personal Auto For Out-Of-Town City Business Month Of August, 2007 $117.37 City Manager Steve Fitzgibbons: Attend Texas Department Of Housing, Community Affairs And ORCA Meeting In Austin, TX September 12-13, 2007 $270.03 AGENDA SEPTEMBER 25, 2007 VI. CONSENTAGENDA-CONTINUED Resolutions - Consent (1) P. R. No. 14372 - A Resolution As It Pertains To Authorizing Enforcement Power Under Chapter 26 Of The Water Code And Under Chapter 382 Of The Health And Safety Code (2) P. R. No. 14374 - A Resolution Approving The FY 2007-08 Contract Between The City Of Port Arthur And The Department Of State Health Services, Tobacco Prevention Community, Program Attachment 001 (3) P. R. No. 14375 - A Resolution Approving The FY 2007-08 Contract Between The City Of Port Arthur And The Department Of State Health Services, RLSS-Local Public Health System, Program Attachment 001 (4) P. R. No. 14376 - A Resolution Authorizing Filing Application With The U. S. Environmental Protection Agency (EPA) For A Brownfields Job Training Grant In The Amount Of $200,000 (5) P. R. No. 14378 - A Resolution Awarding A Bid And Authorizing The Execution Of A Contract With Harvey D. Gordon For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area C, To Be Charged To Account No. 001- 1401-551.59-00 (6) P. R. No. 14379 - A Resolution Awarding A Bid And Authorizing The Execution Of A Contract With Harvey D. Gordon For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area D, To Be Charged To Account No. 001- 1401-551.59-00 (7) P. R. No. 14380 - A Resolution Authorizing A Contract Between The City Of Port Arthur And TLSK Management Co. Of Port Arthur As The Third Party Concessionaire For The Operation Of The Robert A. "Bob" Bowers Civic Center Concessions (8) P. R. No. 14381 - A Resolution Approving An Industrial District Agreement With BASF Corporation (9) P. R. No. 14382 - A Resolution Authorizing The Finance Director To Issue A Request For Proposal For Banking Services (10) P. R. No. 14384 - A Resolution As It Pertains To Environmental Studies By Arceneaux & Gates And Affiliated Consultants (Berg-Oliver Associates, Inc.) At The Spur 93 Business Park And On Adjacent Property That Is Needed To Extend Jade Avenue AGENDA SEPTEMBER 25, 2007 VII. ITEMS A. (1) (2) (3) (4) (5) B. (1) (2) (3) (4) (5) REQUIRING INDIVIDUAL ACTION - NON-CONSENT Resolutions P. R. No. 14227 - A Resolution As It Pertains To An Amendment No. 1 To The Sales Tax Refund Agreement With Port Arthur Holdings III, LTD For A Retail Center Development P. R. NO. 14373 - A Resolution As It Pertains To A Subordination Agreement With Triangle Waste P. R. No. 14377 - A Resolution Ratifying The Property Tax Increase Reflected In The Proposed 2007-2008 Budget P. R. No. 14383 - A Resolution As It Pertains To A Nonexclusive Pipeline Easement With Square Mile Energy, L.L.C. At The City Of Port Arthur Section 4A Economic Development Corporation Spur 93 Business Park P. R. No. 14385 - A Resolution As It Pertains To Remediation Efforts As A Result Of Hurricane Humberto Ordinances P. O. No. 5782 - An Appropriation Ordinance Adopting A Budget For The Ensuing Fiscal Year Beginning October 1, 2007 And Ending September 30, 2008, In Accordance With Section 7, Article XII Of The Charter Of The City Of Port Arthur P. O. No. 5783 - An Ordinance Adopting A Tax Rate For The Tax Year 2007 (Fiscal Year October 1,2007 - September 30, 2008) P. O. No. 5784 - An Ordinance Approving The 2007 Tax Roll For The Use And Support Of The Municipal Government Of The City Of Port Arthur; And Providing For The Interest And Sinking Fund And Apportioning Each Levy For A Specific Purpose P. O. No. 5793 - An Ordinance Amending Article IV Of Chapter 22 Of The Code Of Ordinances As It Pertains To Junk And Junk Dealers, As Well As Scrap Metal, Providing For A Penalty, Providing For An Effective Date, And Providing For Publication P. O. No. 5795 - An Appropriation Ordinance Approving And Adopting A Budget For The City Of Port Arthur Section 4A Economic Development Corporation For The Ensuing Fiscal Year Beginning October 1, 2007 And Ending September 30, 2008 In Accordance With Section 12.03 Of The Bylaws Of The Corporation AGENDA SEPTEMBER 25, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (6) P. O. No. 5796 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2006 And Ending September 30, 2007 As To Fund Hurricane Humberto Activities (7) P. O. No. 5797 - An Ordinance As It Pertains To Salaries And Car Allowances For The Mayor, The Mayor Pro Tem, And City Councilmembers <8) P. O. No. 5798 - An Ordinance As It Pertains To The Polling Locations For The November 6, 2007 Special Election (9) P. O. No. 5800 - An Ordinance Allowing For, In Certain Situations Outlined Herein, The Parking, Use And Occupancy Of Recreational Vehicles As Temporary Living Quarters On Residential Property During The Period Of Repair And Reconstruction Of Damage To Property Caused By Hurricanes Or Other Natural Disasters; Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date C. *Reports And Recommendations Report On The City's Response Efforts To Hurricane Humberto *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 AGENDA SEPTEMBER 25, 2007 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: "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) (2) (3) (4) (5) (6) (7) (8) (9) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To The Condemnation Of Land For Drainage Purposes Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To KCS And Port Iron Section 551.072 Government Code - To Discuss The Value Of Property At 4173 39th Street (EDC - The Basco Building) Section 551.072 Government Code - To Discuss The Value Of The Property Of The Health Department Building At 441 Austin Avenue Section 551.087 Government Code - To Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects Section 551.074 Government Code - To Discuss The Duties And Evaluation Of The Municipal Court Judge Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As To Waste Management Section 551.074 Government Code - To Discuss The Duties And Responsibilities Of The City Attorney's Office As It Pertains To The EDC Section 551.071 Government Code - To Discuss With The City Attorney Possible Litigation As It Pertains To Pay Or Compensation Issues Related To Inclement Weather And Emergencies, Hurricane Rita And Hurricane Humberto *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA SEPTEMBER 25, 2007 Xl. FUTUREAGENDAITEMS 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 ADJOURNMENT OF MEETING NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On September 25, 2007. 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 COUNCTL & AUDIENCE MEMBERS 5. 6. 7. 8. Recognition by Pres/ding O~cer. 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 uso 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. 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 member of the Council, without the permission of the Presiding Officer. Improper References/Disorderly Conduct By Person Addressing The Council, Any person making, expressly or impliedly, 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 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 Mot/on 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 socuring 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 Uso 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, Allegat/on$, or Charges Against Individual City Employee~ No person shall make any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting unless he first shows that he has pursued appropriate administrative channels. ENFORCEMENT OF DECORUM Ware/rig. All persons shall at the request of the Presiding Officer, be silent. Removal. Tf, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such Officer may order him to remove himsolf from the meeting. Tf he does not remove himsolf, the Presiding Officer may order the Sergeant-atOarms to remove him. Res/sting Removal. Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. I~lot/on$ To Enforce. Any Councilmember may move to require the Presiding Officer to enforce this division, and the affirmative vote of a majority of the Council 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 ali business to be discussed at a meeting of the City Council. Persons Reauest/na To Be Heard On Aaenda Item; (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 shall notify the City Secretary and specify his interest in the matter being considered. The City Secretary shall presont such request to the Presiding Officer for approval before placing the name on the Agenda. 'ftc A n I m~ 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 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. "Specific Agenda Ztems' 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.