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HomeMy WebLinkAboutDecember 14, 2004OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS JOHN BEARD, JR., MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN CRAIG HANNAH CiO] 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 December 14, 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 December 14, 2004 5:30PM L ROLL CALI~ ZNVOCATZON & 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 II. PROCLAMAT/ONS & MINUTES Minutes - Regular Meeting November 23, 2004 III. PETITIONS & COMMUNICATIONS A. Speakers (1) Alice Miller Regarding Home Located At 3311 12th Street Purchased Through City Program (2) lefferson County Clerk Carolyn Guidry Regarding Change In Port Arthur Sub-County Court House Hours (3) Luverda Batiste Regarding Redevelopment Of Westside, DeQueen School Area And West 7t~ Street B. Correspondence (1) Port Arthur Convention And Visitors Bureau 2005 Budget (2) Charles P. Herlin's Letter Of Resignation From The EDC Board Of Directors AGENDA DECEMBER 14, 2004 ~'V. PUBI.[C HEARINGS - 7:00PM None RECESS AT 7PH FOR A .~OI'NT COUNC?L/EDC MEET~[NG V. UNFt'Nt'SHED BUS?NESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: A. Resolution P. R. No. 12937 - A Resolution Authorizing The Purchase Of Ten (10) Daimlerchrysler SLF 232P Low Floor Transit Buses For A Total Amount Of $2,981,950. B. Ordinance P. O. No. 5471 - An Ordinance Accepting The Entrance Way To The Palms Golf Course As A City Street. V~, 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 8y A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately 8e Withdrawn For Individual Consideration In Its Normal Sequence Af~er The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Consideration And Approval Of The Purchase Of An ACU 1000 Radio Crosspatch System For The Fire Department From The Following Vendors: Hotorola Inc., Of Dallas, TX With H-GAC Pricing Tn The Amount Of: $22,086.60 & Raytheon JPS Communications Of: Raleigh, NC With H- GAC Pricing In The Amount Of $22,894.34 (Total Amount $44,980.94). B. Consideration And Approval Of Awarding A Bid For The Purchase Of One Crew Cab Truck W/Utility Body To Buy 8oard (Caldwell Country Ford - Bryan, TX) In The Amount Of $29,147 For The Utility Operations Department (Water Distribution Division). AGENDA DECEMBER 14, 2004 V~. CONSENT AGENDA- CONT/NUED C. Consideration And Approval To Reject The Bid Received By BLOC Design Build, LLC (Longview, TX) Tn The Amount Of $13,856.10 For A Radio Telemetry System For The Sea Rim Pump Station And Ground Storage Tank And Authorization To Re-Bid (Utility Operations Department - Water Distribution Division). D. Consideration And Approval Of Awarding A Bid For The Purchase Of One Crew Cab Flatbed Truck To Buy Board (Caldwell Country Ford - Bryan, TX) Tn The Amount Of $27,985 For The Utility Operations Department (Wastewater Conveyance Division). E. Consideration And Approval Of Awarding A Bid For The Purchase Of Two 10,000 Lb. Trailers To CLM Equipment Company, Tnc. (Baytown, TX) Tn The Amount Of $9,530 For The Utility Operations Department (Water Distribution & Wastewater Conveyance Divisions). F. Consideration And Approval Of Awarding A Bid For The Purchase Of Two Mini Hydraulic Excavators To Equipment Support Services (Houston, TX) Tn The Amount Of $48,744 For The Utility Operations Department (Water Distribution & Wastewater Conveyance Divisions). G. Consideration And Approval Of Awarding A Bid For The Purchase Of One 8-Yard Dump Truck To Philpott Motors (Nederland, TX) Tn The Amount Of $53,953 For The Utility Operations Department (Water Purification Division). H. Consideration And Approval Of Payment To HTE, Tnc., Tn The Amount Of $73,530 For Annual Maintenance On The AS/400 Software For Period January ~., 2005 Through December 31, 2005. Consideration And Approval Of Payment To Vermeer Equipment Of Texas, Tnc. (Houston, TX) For The Purchase Of One Duplex Drum Rotor System Tn The Amount Of $27,560 For The Public Works Department (Solid Waste Division-Landfill). 3 AGENDA DECEMBER 14, 2004 CONSENT AGENDA - CON'I~NUED ,1. Expense Reports: City Secretary Evangeline "Van" Green: Attend 16th Annual Election Law Seminar In Austin, Texas, November 30, 2004 - December 3, 2004 $ 611.00 Assistant City Secretary Terri Hanks: Attend 16th Annual Election Law Seminar In Austin, Texas, November 30, 2004 - December 3, 2004 $ 662.00 Resolutions - Consent (1) P.R. No. 12894 - A Resolution Approving Subscription To "WL Pro Plus W/Keycite Ali-TX Banded" Legal Database (AKA "Westlaw") For Port Arthur Public Library. (2) P.R. No. 12946 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (3) P.R. No. 12949 - A Resolution Authorizing The Approval Of A Financing Proposal For $236,938 For The Purpose Of The Computer Upgrade For City Hall. (4) P.R. No. 12951 - A Resolution Amending The FY 2004-05 Contract Between The City Of Port Arthur And The Department Of State Health Services In Order To Continue Attachment No. 04A, Office Of Public Health Practice-Bioterrorism Preparedness As Shown By Contract Change Notice No. 06. (5) P.R. No. 12952 - A Resolution Authorizing The City Manager To Take $6,723.94 From The FY 2004 Golf Course Capital l'mprovement Fund To Reimburse Aquila Golf For Tnvoices From Carroll Childers Company, T.R.E.S. And Advanced Systems Alarm Services, And Mike Barnett Construction For Service, Repairs To Irrigation Pumps And The Clubhouse Fire Alarm System At Babe Didrickson Zaharias Memorial Golf Course, FY 2004 Account No. 103-200:~-601.87-00. (6) P.R. NO. 12957 - A Resolution Setting Public Hearings As To The Disannexation And Release Of Extraterritorial Jurisdiction As Requested By The Taylor Landing Homeowner's Association AGENDA DECEMBER 14., 2004. V/Z. TI'EMS REQUZRZNG [NDIVZDUAL AC,zON - NON-CONSENT A. Resolutions (1) P.R. No. 12908 - A Resolution Approving The Designation Of The City Of Port Arthur Section 4.A Economic Development Corporation Tndustrial Development Park Adjacent To West 7th Street. (2) P.R. No. 12910 - A Resolution To Review And Consider The Sale Of City Land South Of West 7th Street Tn The Schmyser Subdivision To The City Of Port Arthur Section 4.A Economic Development Corporation. (3) P. P,. No. 12935 - A Resolution Approving An l'nvoice Or Invoices Of The City Of Port Arthur Section 4A Economic Development Corporation. P.R. No. 12936 - A Resolution Authorizing The City Manager To Sign A License To Use With The Truth & Education Corporation For A Portion Of Room 201 Of The City Hall Annex. (5) P. P,. No. 12947 - A Resolution As It Pertains To Air Service By Delta Airlines At Southeast Texas Regional Airport. (6) P.R. No. 12948 - A Resolution Appointing Mark Durham To The Advisory Board, Houston Area Library Automated NebNork. (7) P.R. No. 12950 - A Resolution Appointing Directors And/Or Advisory Directors To The City Of Port Arthur Section 4.A Economic Development Corporation. (8) P.R. No. 12953 - A Resolution Authorizing The City Manager To Execute A Water Supply Contract, Canal Easement, And Bill Of Sale Of The Primary Flow Signal (PPS) Venturi Meter, Serial No. 34.85-1. (9) P.R. No. ].2961 - A Resolution Appointing A Member Or Members To The Zoning Board Of Adjustment And Appeals. (Requested By Councilmember Henderson) (10) P.E. No. 12962 - A Resolution Establishing A Neighborhood Empowerment Zone Under Chapter 378 Of The Local Government Code (11) P.E. No. 12963 - A Resolution Authorizing The City Manager To Approve A Sales Tax Refund Agreement With Lagrone Services, LTD. AGENDA DECEMBER 14, 2004 VZL I'TEt4S RE(~UIRZNG ZNDZVZDUAL Ac'rzON - NON-CONSENT - CONTZNUED B. Ordinances (1) P.O. No. 5476 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2004 And Ending September 30, 2005. (2) P.O. No. 5477 - An Ordinance Confirming The City Manager's Employment Offer To Ernestine Wade, RN, As Director Of Health Services. C. *Reports And Recommendations Report On Phone System Modifications In Water Utilities Department *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional Tnformation And Records. V~II. REPORTS OF BOARDS & CObtt4rl'rEES None ZX. *CLOSED btEETZNG (EXECUTZVE SESSZON) 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 6 AGENDA DECEMBER 14, 2004 7.X. *CLOSED f4E~-IxNG (EXECU'r2'VE SESSI'ON) - CONTZNUED Closed Meetinq: (1) Section 551.072 Government Code - To Discuss The Value Of Land On The West Side (2) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential And Industrial Business Prospects. (3) Section 551.072 Government Code - To Discuss The Value Of Land On Pleasure Island *The Items In Executive Session Ma,/ Be Discussed And Acted On In Open Session X. FUTURE AGENDA TrEMS OR REC}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. X[. ADIOURNMENT OF MEEI"~NG NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On December 15, 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 ADDRESSTNG COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Off'lcer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Speaking Pn~edure/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, shell 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 Address/rig 77~e CouncJ~ 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 Heeting. 4. Addresses After Notion I~lade or Public Heagng 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. L/m/rations 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 Having ComplaJntsj A/legations, or Charges Against Individual City Employes~ 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. Zf, 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. Zf he does not remove himself, 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.CJ~, Penal Code 42.05. I~lotioes 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 Re~uestJno To Be Heard On Aaenda Items (l) 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 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 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.