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HomeMy WebLinkAboutFEBRUARY 15, 2005OSCAR G. ORTIZ, MAYOR JOHN BEARD, JR., MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH FELIX A. BARKER THOMAS J. HENDERSON MARTIN FLOOD RONNIE H. THOMPSON DELORIS PRINCE MICHAEL "SHANE' SINEGAL STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK F SOKOLOW CiTY A~ORNEY AGENDA City Council Regular Meeting February 15, 2005 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 o 409/983-8t15 · FAX 409/983-8291 ROLL CALL~ ZNVOCAT~ON & PLEDGE Mayor Ortiz Mayor Pro Tern Beard Councilmember Hannah Councilmember Barker Councilmember Henderson Councilmember Flood Coundlmember -Pnompson Councilmember Prince Coundtmember Sinegal City Manager Fitzgibbons CEy Secretary Green City Attorney Sokolow PROCLAMATIONS &. MINUTES Minutes - :lanuary 25, 2005 Special February 1, 2005 Regular ZI'~. PL:T~T~OHS & COMP~UNZCAT~OHS A. S_~eakers (2) (3) Ed Garrett, Jr. Regarding Code Violations At Normandy Apartments Debra Ambroise Regarding Project Graduation For Memorial High School Gerald Tervalon Regarding New Delivery And Transportation Company B. Correspondence None AGENDA FEBRUARY 3[5, 2005 ~V~ PUBLIC ~EAR~NGS - ?:OOPM None The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: None V~. CONSENT AGENDA NOT[CE 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Awarding A Bid For The Purchase Of Holmatro Rescue Equipment To Metro Fire Apparatus Specialists Inc. Of Houston, TX In The Amount Of $9,870.00 For The Fire Department. Consideration And Approval Of Awarding A Bid For The Purchase And Installation Of A Breathing Air System On HR-1 To Assassin Fire Service Of Port Neches, TX In The Amount Of $9,067,32 For The Fire Department. Cz Consideration And Approval Of Awarding A Bid For The Purchase Of Two Laser Radars To Laser Technology Inc., Of Centennial, Colorado In The Amount Of $5,498 For The Police Deparb~ent. Consideration And Approval Of Awarding A Bid For The Repair Of One Vertical Une Shaft Mixed Flow Pump To PEMSO Of Beaumont, TX In The Amount Of $9,040 For The Utility Operations Department (Wastewater Treatment Division), Consideration And Approval To Reject The Bids Received FOr A Wireless Leachate Data Acquisition System For The City's Landfill And Authorization To Re-Bid. AGENDA FEBRUARY 15r 2005 CONSENT AGENDA - CON~NUED Resolutions - Consent (1) P. R. No, 13005 - A Resolution Approving A Demolition Incentive Program. (2) P. R. No. 13024 - A Resolution Awarding A Contract To Coastal Demolition, Inc, In The Amount Of $10,550.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group A), To Be Charged To Account No. 1431-552.59-00, Project No. C30120. (3) P. R. No~ 13025 - A Resolution Awarding A Contract To Coastal Demolition, Inc., In The Amount Of $12~100.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residentia~ Properties (Group B), To Be Charged To Account No. 105- 1431-552.59-00, Project No. C30120. P. R. No. 13026 - A Resolution Awarding A Contract To Coastal Demolition, Inc., In The Amount Of $12,850.00, And Authorizing The Exec~¢ion Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group C), To Be Charged To Account No. 105- 1431-552.59-00, Project No. C30120. (5) P. R, No. 13027 - A Resolution Awarding A Demolition, Inc., In The Amount Of $12,650.00, Execution Of A Contract For The Demolition Of Residentia~ Properties (Group D), To Be Charged 1431-552.59-00, Project No. C30120. Contract To Coastal And Authorizing The Seven (7) Dangerous To Account No. 105- (6) P. R. No. 13028 - A ResoJution Authorizing Acceptance Of The Boardwalk EJevator Tower & Bridge From Mc-O Construction And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas And Releasing The Retainage For This Contract In The Amount Of $28,944.11. (7) P. R. No. 13029 - A Resolution Authorizing The Finance Director And The City Manager To Proceed With Preparing Documents To Refund The City Of Port Arthur, General Obligation Bonds, Series 1997. AGENDA FEBRUARY 15, 2005 (8) No. 13030 - A Resolution Authorizing The CYcy Manager To Execute Finanda~ Advisory Agreement With First Southwest Company. (g) R. No. 13031 - A Resolution Authorizing The City Manager To Execute Bond Counsel Contract With Vinsen And Elkins, Attorneys At Law. (lO) P. R. No. 13034 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract For Professional Services Between The City Of Port Arthur And Fittz & Shipman, Inc., Of Beaumont, Texas To Provide Engineering Services For Revising Existing Plans For The Thomas Beulevard Hike & Bike Trail To Current TxDOT Standards; Said Contract Not To Exceed An Amount Of $7,800. (11) P.R. No. 13037 - A Resolution Scheduling Public Hearings To Review l~ne Curfew Ordinance. V[~. ~TEH$ REQ[N[R{NG 2[ND[¥[DUA~ ACTION - NON CONSE~dT A. Resolutions (1) P. R. No. 13020 - A Resolution Appointing Directors And/Or Advisory Directors To The City Of Port Arthur Section 4A Economic Development Corporation. (2) P. R. No. 13038 - A Resolution Authorizing Additiona~ Funds To Be AHocated To The Lavvton Law Firm (Account No. 001-1003-512.59-00, M97-909). B. Or(!inances (i) P. O. No. 5498 - An Ordinance Authorizing The Donation Of Surplus Telephone Equipment To ]efferson County. (2) P. O. No. 5499 - Amending Section 110-171 (Connecting To The Property Of Another) And Section 110-172 (Connecting To Private Sewer) Of Division 2 (Connections) Of Article t~l (Sewers) Of Chapter 110 (Utilities) Of The Code Of Ordinances, City Of Port Arthur; And Declaring The Effective Date Hereof; And Providing For Publication, AGENDA FEBRUARY15, 2005 V~I. :~TEMS REQUIRING ~ND~'V~DUAL ACTION ~ NON CONSENT *Reports And Re_commendation_s_ (1) (2) Statistica~ Crime Report December, 2004 Financ{al Report *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. REPORTS: O~: BOARDS &. COM~*r~ES: - None *CLOSED 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)], Pdor 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 Meeting2: (1) (2) Section 551,971 Government Code - To Discuss With The City Attorney PotentiaJ And Per, ding Utigation As It Pertains To Entergy. Section 551,087 Government Code - To Discuss Incentives For Business, Commercia~ And Residential Prospects, *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA FEBRUARY15, 2005 FUTUR~ AGENDA ~E~$ OR. RE(~UE~D REPORTS Items For Future Agenda Consideration Or Repori:s From Staff May Be Requested But No Discussion Of Any Item Or Request Shaft Take Place, X.~, ADJOURnmenT OF ******************************************************** NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On February 16, 2005, During The Recess, No Action Will Be Taken On Any Item Of Remaining Business And No Executive Sessions Will Be Hetd To Discuss Any Matters, All In ~ccordance With The Open Meetings Law, ******************************************************** 6. 7. 8. g. 10, RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. Spokesman for group of persons. In order to expedite mattem and to avoid repetitious presentations, whenever any group of persons whishes 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 additiocal matters are to be presented by any other member of such group, to limit the number of such persons addressing the Council Speaking procedure; limitation on discussion and queefioning. Each person addressing the Council shed 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. All 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 direcfiy or through a member of the Council, without the permission of the Presiding Officer. Improper references, disorderly conduct by persons addressing Council. Any person making, expressly or impliedly, personal, impertinent, slandereus, 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. 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. 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. 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. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of fect, whistling, using profane language, yelling, and similar demonstrations which conduct disrupts the peace and good order of the meeting. 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. 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 does not remove himself, the Presiding Officer may order the Sergeeet.At.Arms to remove him. Resisting Removal. Any person who resists removal by the Sergeant-At-Al'ms 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 law an agenda containing all business to be discussed at a meeting of the City Council. Persons Requesting To Be Heard On Aqenda 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 perticuiar 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 residents addressing the Council, Specific Agenda 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