HomeMy WebLinkAboutOCTOBER 12, 2004OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS
JOHN BEARD, JR., MAYOR PRO-TEM CITY MANAGER
COUNCIL MEMBERS: EVANGELINE "VAN" GREEN
CRAIG HANNAH City of -- CITY SECRETARY
FELIX A. BARKER MARK T. SOKOLOW
THOMAS J. HENDERSON CITY ATTORNEY
MARTIN FLOOD
RONNIE H. THOMPSON
DELORIS PRINCE
MICHAEL "SHANE" SINEGAL Texas
AGENDA
City Council
Regular Meeting
October 12, 2004
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 o 409/983-8115 · FAX 409/983o8291
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
October 12, 2004
8:30AM
I. ROLL CALL, INVOCATION & PLEDGE
Mayor Ortiz
Mayor Pro Tem Beard
Councilmember Hannah
Councilmember Barker
Councilmember Henderson
Councilmember Flood
Councilmember Thompson
Councilmember Prince
Councilmember Sinegal
City Manager Fitzgibbons
City Secretary Green
City Attorney Sokolow
I1. PROCLAMATIONS & MINUTES
Minutes - Regular Meeting September 28, 2004
Special Meeting September 28, 2004
Joint/Special Meeting September 28, 2004
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Jimmy Dike Regarding Residential Development On The Palms
Island Golf Course
(2) Alfred Dominic Regarding Entergy Rate Increase Part II Concluding
Remarks
(3) Harold Doucet Regarding Approved Budget For The EDC
(4) Judge Tom Gillam, III Regarding Unfinished City/EDC Business
And EDC Budget Concerns
(5) Virginia Dudley Regarding Representative Government
(6) Gerald Tervalon Regarding Alternative Plans For Opening A
Community Referral Service And Help Center
B. Correspondence
None
AGENDA
OCTOBER 12, 2004
IV. PUBLIC HEARINGS - 9:00AM
Consider Request For Abandonment Of Easement Or Street Right-Of-
Way That Portion Of 8th Street Between Marshall And DeQueen
Boulevard And Alleys And Easements Between 7th And 9th Streets And
Marshall And DeQueen Boulevard (Z04-03 Applicant: PAISD).
V. UNFINISHED BUSINESS
The Following Item Of Business Was Held From The Previous Meeting At
Which No Action Was Taken On This Item:
P. R. No. 12807 - A Resolution As It Pertains To The
Revolving Loan Of Melba And Allen Watson.
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 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.
A. Consideration And Authorizing The Purchase Of 475 Ninety-Six
Gallon And 100 Sixty-Four Gallon Toter Containers In The Amount
Of $21,702.50 From Toter, Inc., Of Statesville, North Carolina
(Through The State Of Texas Contract Bid #450-A2 Purchase
Contract) For The Public Works Department (Solid Waste Division).
B. Expense Accounts:
City Attorney Mark T. Sokolow:
Use Of Personal Auto On City Business,
July 21,2004 - September 27, 2004 $ 75.00
Councilmember Felix Barker:
Attend CavOilcade Men's Bus Trip,
New Orleans, Louisiana
September 23-24, 2004 $ 198.19
AGENDA
OCTOBER 12, 2004
VI. CONSENT AGENDA - CONTINUED
Resolutions - Consent
(1) P.R. No. 12850 - A Resolution Authorizing The Execution Of An
Agreement For Independent Professional Services Between The
City Of Port Arthur And William D. George, MD To Act As The
City's Health Authority For The Health And Fire Departments.
(2) P.R. No. 12851 - A Resolution Adopting The Hazard Mitigation
Plan For The City Of Port Arthur.
(3) P.R. No. 12853 - A Resolution Authorizing The City Manager To
Execute An Interlocal Contract With The City Of Beaumont,
Jefferson County, Jasper County And The Orange County District
Attorney's Office To Secure Grant Funding From The State Of
Texas Automobile Theft Prevention Authority For Operation Of The
Southeast Texas Auto Theft Task Fome.
(4) P.R. No. 12854 - A Resolution Authorizing Acceptance Of The
Certificate Of Completion, Contractor's Certificate And Release;
Authorize Execution Of Change Order No. Three (3) And Final; On
The Water Transmission Mains Project And Approving Final
Payment Of $116,694.10 To Excavators & Constructors, Inc., And
Authorizing The City Manager To Sign The Certificate Of
Acceptance On Behalf Of The City Of Port Arthur, Texas. Fund No.
427-1626-532.85-00, Project No. 427003.
(5) P.R. No. 12856 - A Resolution Amending The Agreement Between
The City Of Port Arthur And Carl Parker.
(6) P.R. No. 12857 - A Resolution Approving Additional Funding For
The Independent Audit Being Performed By Gayle W. Botley &
Associates As Approved By City Council Resolution 04-199.
(7) P.R. No. 12858 - A Resolution Authorizing The Approval Of
Additional Services To The Contract For Professional Services
Between The City Of Port Arthur And ^rceneaux & Gates
Consulting Engineers, Inc., Dated July 24, 2001, In Connection
With The Waterline Replacement Project, Increasing The Not To
Exceed Contract Amount By $57,000. Fund No. 427-1626-532.53-
00, Project No. 427002.
AGENDA
OCTOBER 12, 2004
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT
A. Resolutions
(1) P.R. No. 12843 - A Resolution Approving Additional Services For
Schaumburg & Polk For The City Of Port Arthur Section 4A
Economic Development Corporation Business Park.
(2) P.R. No. 12859 - A Resolution Appointing Or Reappointing A
Member Or Members To The Pleasure Island Commission
(Requested By Councilmember Barker).
(3) P.R. No. 12860 - A Resolution Approving Invoices Of The City Of
Port Arthur Section 4A Economic Development Corporation.
(4) P.R. No. 12861 - A Resolution As It Pertains To The Capital
Expenditures Of The City Of Port Arthur Section 4A Economic
Development Corporation As It Pertains To The Lease, Renovation
Or Purchase Of Property Or Properties For An Office, As Well As
Other Uses.
(5) P.R. No. 12863 - A Resolution As It Pertains To The City Of Port
Arthur Section 4A Economic Development Corporation Contract
With Donshe Pottery And Invoices Thereon.
(6) P.R. No. 12864 - A Resolution As It Pertains To The Benefit
Package Of The City Secretary And Of The City Attorney.
B. Ordinances
(1) P.O. NO. 5414 - An Ordinance Amending Subsection "A" Of
Section 78-326 City Education Assistance Plan Of Division 10
Employee Development And Traininq Of Article II Of Chapter 78
Personnel Of The City Of Port Arthur Code Of Ordinances.
(2) P.O. No. 5434 - An Ordinance Abandoning, Vacating And
Relinquishing That Portion Of Stilwell Boulevard Between
Lakeshore Drive And Procter Street And Providing The Effective
Date Of This Ordinance.
4
AGENDA
OCTOBER 12, 2004
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED
(3) P.O. No. 5454 - An Ordinance Amending Chapter 18 (Buildings)
Article III Electrical Codes Division 1 (Generally) Section 18-72
Definitions Of The Code Of Ordinances Of The City Of Port Arthur
Requiring License From The State Electric Safety Board; Providing
Certain Amendments Thereto; Repealing All Ordinances Or
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.
(4) P.O. No. 5456 - Amending The Code Of Ordinances, Paragraph
(E) Straight Connections To Section 110-70 (Discontinuance Of
Service), Division 2 (Connections) Of Article II (Water) Of The Code
Of Ordinances, City Of Port Arthur; And Declaring The Effective
Date Hereof; And Providing For Publication.
(5) P.O. No. 5459 - An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Granting A Specific Use Permit For Auto
Storage On Lots 6 And 7, Block 24, Beachway Addition, Port
Arthur, Jefferson County, Texas (Violation Of This Ordinance Or
The Zoning Ordinance Of The City Of Port Arthur Is 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. (Z04-
07 FUNEZ - 3218 GULFWAY DRIVE).
(6) P.O. No. 5460 - An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Granting A Specific Use Permit For a
Beauty/Barber Shop On The West 1 Acre Of The East 4 Acres Of
Lot 4, Block 1, Port Acres, Port Arthur, Jefferson County, Texas
(Violation Of This Ordinance Or The Zoning Ordinance Of The City
Of Port Arthur Is 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. (Z04-08 BROUSSARD - 2623
66TM STREET).
AGENDA
OCTOBER 12, 2004
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED
C. *Reports And Recommendations
(1) Report On Ambulance Services
(2) Report On Status Of City-Wide Clean Up
*The City Council Can Act On Any Of The Above Reports And
Recommendations As To Accept The Repo~Recommendation Or
To Request Additional Information And Records.
VIII. REPORTS OF BOARDS & COMMITTEES
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:
"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
AGENDA
OCTOBER 12, 2004
IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED
Closed Meetin.q:
(1) Section 551.071 Government Code - To Discuss With The City
Attorney Procedures As To Avoid Litigation As To Processes And
Procedures Of The City Of Port Arthur Section 4A Economic
Development Corporation, As Well As To Discuss Potential
Litigation Against The City Of Port Arthur Section 4A Economic
Development Corporation Consultants And Grantees.
(2) Section 551.072 Government Code - To Discuss The Value Of
Land And Lease Space At 441 Austin Avenue And 4173 39t'
Street.
(3) Section 551.087 Government Code - To Discuss Incentives For
Industrial Business Prospects.
(4) Section 551.071 Government Code - To Discuss Potential Litigation
As It Pertains To Time Warner.
*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
7
RULES OF DECORUM - PERSONS ADDRESSZNG COUNCIL & AUDIENCE MEMBERS
Z. Recognition by Presiding Officer. No person 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 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. 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.
3. Improper References, Disorderly Conduct By Person A##re~Jng The ¢ound~, 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.
4. Addresses After I~loUon ~fade 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.
5. 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.
6. 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.
7. Limitations on Use of Supplemental LJgb6ng. 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.
8. Persons Having Complaints, A/legations, 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
Warning. All persons shall at the request of the Presiding Officer, be silent.
Removal. [f, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such
Officer may order him to remove himself from the meeting. ~[f he does not remove himself, the Presiding Officer may
order the Sergeant-at0arms to remove him.
Resisting 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~lotJons 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 all
business to be discussed at a meeting of the City Council.
Per~ons Reaue~tJna 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 Heetings 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 present such request to the Presiding Officer for approval before
placing the name on the Agenda.
$~ecJfic Aaenda Item~ 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
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.
