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HomeMy WebLinkAboutFebruary 1, 2005OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS CITY MANAGER JOHN BEARD, JR., MAYOR PRO-TEM EVANGELINE "VAN" GREEN COUNCIL MEMBERS: CITY SECRETARY CRAIG HANNAH City of FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY AITORNEY MARTIN FLOOD RONNIE H. THOMPSON DELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting February 1, 2005 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. RO. 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 February 1, 2005 8:30AM ROLL CALL, 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 ZT. PROCLAMATZONS & Mt'NUTES Minutes: ~lanuary 18, 2005 - Regular Meeting PE m, m ~.ONS & COMMUNICATIONS A. Presentation (1) Presentation Of Comprehensive Annual Financial Report For The Year Ending September 30, 2004 B. Speakers (1) Noel Ozen And Maggie Bolden Regarding ~luneteenth Celebrations (2) Caroline Stelly Regarding Port Acres Little League (3) Thomasene Thomas Regarding Westside Development Progress Report (4) Edna Gonzales Regarding Allowing Accessing For The Spanish Speaking Community (5) Deborah Khalajabadi Regarding The City Charter And Sale Of City Property (6) Doris Gill Regarding YAC Sponsored Youth Conference Featuring Marcus Parker (7) .lennifer Walker Regarding The Bays And Peril Report C. Correspondence - None AGENDA FEBRUARY 1, 2005 IV. PUBLZC HEARZNGS - 9:00Alii - None V. UNFZNTSHED BUSZNESS 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 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 Approval Of Payment To Mustang Tractor & Equipment Of Beaumont, Texas In The Amount Of $16,294.52 For Emergency Overhaul/Repairs To A 1999 Caterpillar D-6R Dozer (Landfill Equipment #1336) For The Public Works Department (Solid Waste Division). B. Consideration And Approval Of Awarding A Bid To Decatur Electronics Inc. Of Decatur, Illinois In The Amount Of $7,550 For One Traffic Speed Monitoring Trailer For The Police Department. C. Consideration And Approval Of Awarding A Bid For The Purchase Of Employee Service Awards To ]. Brandt Company, Inc. In The Estimated Amount Of $5,856.08. D. Consideration And Approval Of Awarding A Bid For Carpentry And Plumbing Work To Collins Quality Construction Of Port Arthur, Texas In The Amount Of $13,759 For The Renovation Of The Project H.O.P.E. One-Stop Shop Located At 701 West 7m Street. E. Consideration And Approval Of Awarding Bids For The Purchase Of Fifty- One Additional Commercial Containers In The Total Amount Of $33,891 To The Following: Thirty 8-C.Y. Containers From Fuqua Industries Inc. Of Rio Vista, TX In The Amount Of $23,850; Eight 2-C.Y. And Thirteen 4- C.Y. Containers From Waste-Equip - May Fab Of Beeville, TX In The Amount Of $10,041. AGENDA FEBRUARY 1, 2005 VT. CONSENT AGENDA - CONT/NUED F. Consideration And Approval Of Awarding A Bid For A Radio Read, Automated Meter Reading System To Rural Pipe & Supply Of 3asper, TX In The Estimated Amount Of $51,480.00 For The Utility Operations Department. G. Expense Reports Mayor Oscar G. Ortiz: Attend United States Conference Of Mayor's Winter Meeting In Washington, D. C. .lanuary 15- 19, 2005 $ 2,105.34 Mayor Pro Tern 3ohn Beard, 3r.: Attend LNG Conference Tn Houston, Texas September 23 - 24, 2005 $ 744.62 City Secretary Evangeline "Van" Green: Attend Election Law Seminar l~n Austin, Texas ]anuary 18- 21, 2005 $ 1,114.43 Assistant city Secretary Terri Hanks: Attend Election Law Seminar Tn Austin, Texas 3anuary 19 - 21, 2005 $ 949.09 Resolutions - Consent (1) P.R. No. 12966 - A Resolution Authorizing The Rollover Of Mowing Contracts Between The City Of Port Arthur And M. D. Arena Contractors, P. O. Box 199, Sour Lake, TX 77659, Group ~V; Sandra 3. Guilbeau Enterprises, 2951 W. Highway 365, Port Arthur, TX 77640, Group VH; Prevost & Sons Lawn Management, P. O. Box 251, Port Arthur, TX 77641, Groups TI, TTI W/Options, V; And I~X W/Options, Hebert Lawn, 248 Dodge Place, Port Arthur, TX 77642, Group I And VTTI; And 3oey's Tractor Service, 5991 lade, P. O. Box 45, Port Arthur, TX 77640, Group VT And Not To Exceed $86,184. Said Annual Contracts Are For Mowing Various City Properties, Parks And Right-Of-Ways In The City; Estimated Annual Cost $86,184. Proposed Funding: Parks Division FY 2004/2005 Budget Account No. 001-1207-531.31-00. AGENDA FEBRUARY 1,2005 CONSENT AGENDA - CONTINUED (2) P.R. No. 12967 ' A Resolution Awarding And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And T.L.C. Construction, DBA Total Lawn Care, P. O. Box 3172, Port Arthur, TX 77642, For Group X Not To Exceed $5,490. Said Annual Contract TS For Mowing Various City Properties, Parks And Right-Of-Ways In The City; Estimated Annual Cost $5,490. Proposed Funding: Parks Division FY 2005/2006 Budget Account No. 001-1207-531.31-00. (3) P.R. No. 13006 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And The Port Arthur Cricket Club For Use Of An Open Space In Adams Park As A Cricket Field. (4) P.R. No. 13008 - A Resolution Authorizing Execution Of An Agreement With The City Of El Monte California For The Partial Assignment Of Options For The Purchase Of Ten Propane Powered Transit Buses. (5) P.R. No. 13009 - A Resolution Approving The Relocation Of The "Music Of The Sea" Statuary. (Requested By The City Manager) (6) P.R. No. 13014 - A Resolution Amending The City Of Port Arthur Community Development Block Grant Management And Budget Policies. The Amendment Defines The Funding Priorities For Community Development Block Grant Activities. (7) P.R. No. 13015 - A Resolution Approving The 2005 City Street Program, (Excluding CDBG Program) In The City Of Port Arthur, With Funding Available In The FY 2005 General Fund Budget, When Approved. (8) P.R. No. 13016 - A Resolution Authorizing The Issuance Of A Purchase Order To National Bus Sales And Leasing For The Purchase Of One Type ITT Transit Van. (9) P.R. No. 13017 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. 4 FEBRUARY1, 2005 TI'Et4S RE(~UZRZNG ZND~/ZDUAL ACT'~ON - NON-CONSENT A. Resolutions (1) P.R. No. 13004 - A Resolution As It Pertains To An Advisory Committee For Downtown Revitalization. (Requested By Councilmember Henderson) (2) P.R. No. 13007 - A Resolution Approving An Tnvoice Or Tnvoices Of The City Of Port Arthur Section 4A Economic Development Corporation. (3) P.R. No. 13012 - A Resolution As Tt Pertains To Freshwater Inflows. (Requested By Mayor Ortiz) (4) P.R. No. 13019 - A Resolution Appointing/Reappointing Members To A Wellness Committee. (5) P.R. No. 13021 - A Resolution Appointing Negotiating Teams Pursuant To Chapter 174 Of The Texas Local Government Code Annotated, To Conduct Collective Bargaining With The Bargaining Agents Of T.A.F.F. Local 397 Of The City Of Port Arthur Fire Department And The Port Arthur Police Association Of The City Of Port Arthur Police Department. (6) P.R. No. 13022 - A Resolution As It Pertains To Making Repairs To 331:!. 12th Street (Account No. 130-1430-551.89-00) B. Ordinances (1) P.O. No. 5488 - An Ordinance Releasing A Portion Of The City's Extraterritorial Jurisdiction And Disannexing A Portion Of The City's Land Along Taylor's Bayou That ]~t Had Annexed For A Limited Purpose In 1913; All As Requested By The Taylor's Landing Homeowner's Association. (2) P.O. No. 5490 - An Ordinance Providing For The Conduct Of The May 7 2005 General Election For The Purpose Of Electing Councilmembers From Districts 1,2,3 And 4 ]~n The City Of Port Arthur, Texas; And Providing For A ,loint Election With The Port Arthur l'ndependent School District, The Sabine Pass l~ndependent School District, The Port Of Port Arthur Navigation District And The Sabine Pass Port Authority, In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice (3) P.O. No. 5491 - An Ordinance Delineating The Number Of Authorized Funded Police Officer Positions l~n The Police Department. AGENDA FEBRUARY 1, 2005 VZT. TrEMS REQUI'Rt'NG I'NDZVZDUAL ACTZON - NON-CONSENT - CONTZNUED (4) P.O. No. 5493 - An Ordinance As It Pertains To ICON Builders, LLC. (5) P.O. No. 5494 - An Ordinance Authorizing The Transfer Of One 1996 Chevrolet/Champion Para-Transit Van To H.O.P.E. (Helping Our People To Excel). 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. V'ZZZ. REPORTS OF BOARDS & COMt4z. i i EES None ]:X, *CLOSED f4EETZNG (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 Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Tres Caballeros. (2) Section 551.087 Government Code To Discuss Incentives For Commercial, Residential And Industrial Prospects. AGENDA FEBRUARY 1, 2005 *CLOSED I~tEE'rZNG (EXECUTZVE SESSTON) - CONTINUED (3) Section 551.071 Government Code - To Discuss With The City Attorney Pending And Potential Litigation As To Processes And Procedures As It Pertains To The City Of Port Arthur Section 4A Economic Development Corporation. (4) Section 551.071 Government Code - To Discuss With The City Attorney Procedures As To Avoid Litigation As To Electrical Permits. (5) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To SETCDC *The Items In Executive Session May Be Discussed And Acted On In Open Session X. FUTURE AGENDA Z'I'EI~tS 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. XI. ADJOURNMENT OF MEETING RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Spokesman for group of persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons whisbes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the Council and, in case additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Council. 3. 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 the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is granted by majority vote of the Council, shall limit his remarks to (5) five minutes. Ail remarks shall be addressed to the Council as a whole and not to any member of the Council. 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. 4. Improper references, disorderly conduct by persons addressing 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 of any meeting, hearing or other proceedings, shall be called to order by the Presiding Officer. If such conduct continues, such person may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that meeting. 5. Addresses after motion made or public hearing closed. After a motion has been made or a pubic 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. 6. Campaign Speeches. No person 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. 7. Persons having complaints, allegations, or charges against individual city employees. No person shall make any complaint, specific allegation or charge against an individual city employee by name in a public meetings unless he first shows that he has pursued appropriate administrative channels. 8. 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 disrupts the peace and good order of the meeting. 9. Person authorized to be within rail. No person except members of the Council and the city staff shall be permitted wthin the rail without the consent of the Presiding Officer. fO. 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 the proceedings of the Council and the least amount of discomfort to the public in attendance. ENFORCEMENT OF DECORUM Warning. All persons shall, at the request of the Presiding Officer, be silent. Removal. If, 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 doss not remove himself, the Presiding Officer may order the Sergeant-At-Arms 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. Motions 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 Iow an agenda containing all business to be discussed at a meeting of the City Council. Persons Rcouestim7 To Be Heard On A¢~enda Items (1) Residents. Any resident who wishes to address the Council may do so by notifying the City Secretary no later than 5:00 p.m. on the Thursday prior to the scheduled meeting. The person shall specify the particular subject matter of such address. The City Secretary shall place the names of those requesting to address the Council on the agenda with the agenda item. (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. Upon timely notification, a nonresident shall be permitted to address the Council when the applicant claims an interest in a matter on the Council's agenda and he is so situated that the disposition of the agenda may, as a practical matter, impair or impede his ability to protect that interest. The Presiding officer shall have the power to deny a nonresident the opportunity to address the Council when his interest in the matter is not deemed by the Presiding Officer to be sufficient, or where the applicant's interest can be adequately represented by rssidenta addressing the Council. Specific Aoenda Items 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 (3) three minutes. Specific agenda items are defined as any items 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.