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HomeMy WebLinkAboutOctober 26, 2004OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS JOHN BEARD, JR., MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN CRAIG HANNAH Cit~ ,,')~ 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 26, 2004 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 October 26, 2004 5:30PM I'. ROLL CALL~ ZNVOCA'I'ZON & PLEDGE Mayor Ortiz Mayor Pro Tern Beard Councilmember Hannah Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Thompson Councilmember Prince Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAbtA'I'ZONS & IqZNUTES Minutes: Special Meeting .... October 04, 2004. loint/Special Meeting .... October 04, 2004 Regular Meeting .... October 12, 2004 Special Meeting .... October 19, 2004 Joint/Special Meeting .... October 19, 2004 III. PE ~ ~. ~ LONS & COMMUNICATZONS A. Speakers Trudy Wright Regarding Resources For The Disabled B. Correspondence None ZV. PUBLZC HEARZNGS - 7:00Pt4 None AGENDA OCTOBER 26, 2004 V. UNF'rNt'SHED BUSZNESS None Vt'. CONSENT AGENDA NOT~CE TO THE PUBLTC: The Following Ttems Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support Material On Each Ttem, And/Or Tt Has Been Discussed At A Previous Meeting. All Ttems Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, Tn Which Event The 1Item Or Ttems Will Tmmediately Be Withdrawn For Individual Consideration Tn Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Consideration And Approval For The Purchase Of Computer Equipment And Software To Veicon Technology, Tnc. (Beaverton, OR) In The Amount Of $18,701 For The Port Arthur Public Library. B. Consideration And Approval Of Payment To Partnership Of Southeast Texas (POST) For Fiscal 2005 Tn The Amount Of $12,000. C. Consideration And Approval Of Awarding A Bid For The Purchase Of Medical Supplies And Pharmaceuticals To Moore Medical Corporation (New Britain, CT) Tn The Amount Of $8,394.66 For The Fire Department. D. Consideration And Approval Of Payment To Orange County Emergency Services District No. 2 Tn The Amount Of $128,627.05. E. Consideration And Approval Of Awarding A Bid For The Purchase Of A New Heavy Dub/ Tire Changer To Southeast Texas Automotive Equipment, Inc. (Beaumont, TX) In The Amount Of $10,439.00 For The Transit Maintenance Division/Service Center. F. Consideration And Approval Of Awarding A Contract For Supplying Lubricants And Greases For The City's Rolling Equipment To Tri-Con, Tnc. (Beaumont, TX) In The Estimated Amount Of $32,268.05. G. Consideration And Approval Of Awarding A Bid For The Purchase Of Uniforms To Cintas Corporation (Beaumont, TX) Tn The Estimated Amount Of $12,000 For The Public Works Department. AGENDA OCTOBER 26, 2004 Vl'. CONSENT AGENDA - CON'rZNUED H. Consideration And Approval To Reject The Bid Received From Zerl's Welding & Fabrication, Inc. (Bridge City, TX) For Repairing/Refurbishing Commercial Refuse Containers And Authorization To Rebid. I. Consideration And Approval Of Payment For The City's Pro-Rata Share Of The 2005 Orange County Appraisal District Funding Allocation Tn The Total Amount Of $10,548 (Four Equal Payments Of $2,637.00). .1. Consideration And Approval Of Awarding A Bid To Burkart's House Moving & Plumbing (Orange, TX) In The Amount Of $11,236.00 For The Moving, Strapping Down, Blocking And Leveling Of Two (2) Portable Buildings From DeQueen School To Two (2) Different Locations In Port Arthur. K. Expense Accounts: Assistant City Secretary Terri Hanks: Attend TMCCP - Course 2 Effective Governing, Austin, TX October 6-8, 2004 $750.00 Resolutions - Consent (1) P.R. No. 12833 - A Resolution Affirming The Investment Policies Of The City Of Port Arthur For The 2004-2005 Fiscal Year. (2) P.R. No. 12866 - A Resolution Authorizing The Execution Of A Memorandum Of Understanding Between The Port Arthur City Health Department And The Texas Department Of State Mental Health Services. (3) P.R. No. 12871 - A Resolution Authorizing The Execution Of An Amendment To The Contract Between The City Of Port Arthur And The Texas Health And Human Services Commission To Continue Community- Based Outreach Services For The Children's Health Insurance Program (CH~P). AGENDA OCTOBER 26, 2004 VII. ITEMS REQUIRING INDMDUAL ACTION- NON-CONSENT A. Resolutions (1) P.R. No. 12855 - A Resolution Authorizing The City Manager To Execute A Release Of Liens As It Pertains To The Linn Motor Building. (2) P.R. No. 12870 - A Resolution Approving A Settlement In The Litigation Of Barbara Hines-Tegtmeier, Bob Tegtmeier And ADAPT Vs. City of Port Arthur. (3) P.R. No. 12872 - A Resolution Approving A Settlement Tn The Case Of The City Vs. Silverspoon. (4) P.R. No. 12875 - A Resolution Authorizing The City IVlanager To Execute A Franchise Agreement With Texas & Kansas City Cable Partners, L.P. (5) P.R. No. 12876 - A Resolution Approving Tnvoice Or Invoices Of The City Of Port Arthur Economic Development Corporation. B. Ordinances (1) P.O. No. 5461 - An Ordinance Designating December 27, 2004 As A Legal Holiday. (2) P.O. No. 5462 - An Ordinance Designating The Intersection Of 19th Street & Stilwell Boulevard And lgth Street & DeQueen Boulevard As All- Way Stops, Providing For An Effective Date, And For Publication. (3) P.O. No. 5464 - An Ordinance Abandoning, Vacating And Relinquishing Those 20 Foot Alleys Located In Block 222, City Of Port Arthur And The 195 Foot Easement (Formerly 8th Street) Located Between Marshall Avenue And DeQueen Boulevard And Providing The Effective Date Of This Ordinance. (A04-03 PAISD - DEQUEEN SCHOOL). (4) P.O. No. 5467 - An Ordinance Pertaining To The Developer Participation Contract With Platinum Choice Investments, L.L.C. 4 AGENDA OCTOBER 26, 2004 VII. ITEHS RE(~UIRING INDMDUAL ACTION - NON-CONSENT- CONTINUED C. *Reports And Recommendations (1) September, 2004 Financial Statement (2) Report On Resurfacing Streets In Griffing Park (Requested By Councilmember Henderson) (3) Report On Weed & Seed Program (4) Report From Bob Shaw Regarding Update Of Sewer Construction Project *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. VZII. REPORTS OF BOARDS & COf4f4~ I I EES None IX. *CLOSED f4EETING (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 26, 2004 TX. *CLOSED MEE'I~NG (EXECU'r~VE SESSZON) - CONTZNUED Closed Meeting: (1) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As To Revolving Loans. (2) Section 551.087 Government Code To Discuss Incentives For Industrial/Retail/Commercial And Industrial Business Prospects. (3) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To The LNVA. (4) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To Cable Franchise. (5) 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 Consultants And Grantees. (6) Section 551.071 Government Code - To Discuss With The City Attorney Procedures As To Avoid Litigation As To The Civil Service Issues. (7) Section 551.076 Government Code - To Discuss Security Precautions As To Homeland Security Issues. *The Items In Executive Session May Be Discussed And Acted On In Open Session X. FUTURE AGENDA TI'EMS OR RE(~UESTED REPORTS Items For Future Agenda Consideration Or Reports From Staff May Be Requested But No Discussion Of Any Item Or Request Shall Take Place. XZ. AD'IOURNHENT OF HEE'rZNG NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On October 27, 2004. 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 ADDRESSI'NG COUNCIL & AUDIENCE MEMBERS Z. Recognition by Presidi#g Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Speak/ng 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 Reference~, Disorderly Conduct By Per, on Addre~/ng The Cound~, 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. Addre~ After t4otion I~lade or Pub~lc Hea~f#g ¢lo~ed. 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 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. 8. Persons Hay/n§ Complain~./ Allegationss or Charges Against ZndJvJdual 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 Warn/ng. All persons shall at the request of the Presiding Officer, be silent. Remora~. Tf, 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. If he does not remove himself, the Presiding Officer may order the Sergeant-at0arms to remove him. Res/sti#g Remora~. Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. I~fotions 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. Persons Reauestina To Be Heard On Aaenda .[tem~ (Z) 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 present such request to the Presiding Officer for approval before placing the name on the Agenda. Saedfic Aae#da .rtem~ 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.