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HomeMy WebLinkAboutApril 12, 2005OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS JOHN BEARD, JR., MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN CRAIG HANNAH Cit~ 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 M,~eting April 12, 2005 5:00 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 April 12, 2005 5:00PM 1'. ROLL CALL~ 1'NVOCAI'ION & 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 1'1', PROCLAMATZONS & M1'NUTES Minutes - March 15, 2005 - Regular Meeting March 22, 2005 - Special Meeting March 29, 2005 - Regular Meeting I1'1'. PE, ~, ,ONS & COMMUN1'CAI'IONS A. Presentations (1) Presentation By Bill Worsham, Ir. Regarding Pleasure Island Erosion (2) Report On The 8m Annual Health And Wellness In The New Millennium Conference: Building Healthy Communities: Bridges Over Barriers (April 22, 2005) (3) Presentation By Kirk Vital Regarding Gulf Coast Health Center Services (4) Presentation By Outgoing Youth Advisory Council Members Who Have Reached Their Term Limit (5) Presentation Of The Teen Team City Group: Promoting Economic Growth Within The City B. Speakers (1) Gabby Eldridge Regarding A Future Swimming And Spray Park In Sabine Pass (2) Reverend Joe Roberts Regarding The "Celebrating God's Goodness" Event To Be Held At Logan Music Park On Pleasure Island AGENDA APRIL 12, 2005 III. Pe ~ z ~ zONS & COMMUNICATIONS - CONTINUED (3) ]uanita Falcon Regarding The Mexican Heritage Society Of Port Arthur (4) Verna Rutherford Regarding Forming A Community Partnership To Address The Issue Of Child Abuse In Our Area B. Correspondence None ZV. PUBLZC HEARZNGS - 7:00PM (1) To Consider Whether Or Not To Allow Browning Oil Company, Inc. To Drill An Oil Or Gas Well Located On The West Side Of Highway 69 Approximately 1.3 Miles North Of Highway 73. (2) To Consider Disannexation Of The Tracts Of Tract 1 - 250.8 Acres Out Of Divisions B, C, And 4 Through 8, Dennis Gahagan League, Abstract 123, Tract 2 - 174.6 Acres Of Land Submerged, Part Of Division 1, Dennis Gahagan League, Abstract 123 And Tract 3 - 476.2 Acres Of Land, Part Of Divisions A And B, Dennis Gahagan League, Abstract 123. V, UNFZNZSHED BUSZNESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: A. Resolutions (1) P.R. No. 13060 - A Resolution Authorizing The Chief Of Police To Issue A Wrecker Business Permit To American Towing Located At 6120 Gulfway Drive, Port Arthur, Texas. (2) P.R. No. 13066 - A Resolution Authorizing A Memorandum Of Understanding With The Port Arthur Industrial And Community Leaders Advisory Group For The Operation Of The Summer Youth Employment And Enrichment Program. (3) P.R. No. 13074 - A Resolution Authorizing A Memorandum Of Understanding Between The City Of Port Arthur And The Southeast Texas Workforce Development Board For The Summer Youth Employment Program. AGENDA APF~/12, 2005 V. UNFINISHED BUSINESS - CONTINUED B. Ordinance P.O. No. 5512 - An Ordinance Amending Ordinance No. 05-07 As It Pertains To Releasing A Portion Of The City's Extraterritorial .~urisdicUon And Disannexing A Portion Of The City's Land Along Taylor's Bayou That It Had Annexed For A Limited Purpose In lg13; All As Requested By The Taylor's Landing Homeowner's Association. 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 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 A~cer The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Consideration And Approval Of The Purchase Of Software, Printer, Folder/Sealer, Maintenance, Training And Supplies From Acom Long Beach, £a//~orn/a In The Amount Of $17,103 For The Finance Department. B. Consideration And Approval Of Payment To Smart'~ 7-tuck And 7'ra//er Beaumont, Texas In The Amount Of $1~t, 670 For The Emergency Purchase Of A Remanufactured Engine For A 1996 Rex 3-70A Compactor (Landfill Equipment #1165) For The Public Works Department (Solid Waste Division). C. Consideration And Approval Of Awarding A Bid For The Purchase Of Sodium Chlorite To Znternat/ona/ D/ox/de, Znc. Of C/ark, New Jersey In The Estimated Amount Of $18:[,500 For The Utility Operations Department (Water Purification Division). D. Consideration And Approval Of Awarding A Bid For The Purchase Of Sodium Bisulfite To Ca/abra/n Corporat/on Of Port Neches, Texas In The Estimated Amount Of $44,490 For The Utility Operations Department (Wastewater Treatment Division). aRPel ~2~ 2005 V~. CONSENT AGENDA - CONT/NUED E. Consideration And Approval Of Payment To ~'///Baker & £ompany~ ]'nc. O£ Houston, Texas In The Amount Of $11,427.52 For Emergency Inframe Engine Repairs/Overhaul Of A 1991 Orion ! Bus (Equipment #883) For The Transit Department. F. Consideration And Approval Of The Purchase Of One 2000 GPM Pierce Aerial Platform On A Dash Chassis From Martin Apparatus Of Denton, Texas With Buyboard Cooperative Purchasing Pricing !n The Amount Of $794,768 (Including $~.,500 Purchasing Fee) For The Fire Department. G. Consideration And Approval To Renew An Agreement With So// Stabilization Products Co., Inc. Of blerced, California To Provide Soil Stabilization Additives For The Public Works Department (Streets Division) Resolutions - Consent (1) P.R. No. 13076 - A Resolution Authorizing An Amendment To Resolution No. 05-041 To !ncrease The Purchase Price Of One Type !TT Transit Van To $97,672. (2) P.R. No. 13084 - A Resolution Authorizing Renewal Of A Service Agreement From Motorola, !nc. Tn The Amount Of $~.3,525.20 For The Second Year Of A Three Year Service Agreement. (3) P.R. No. ~.3085 - A Resolution Authorizing The Execution Of Change Order No. Three To The Contract Bet~veen The City Of Port Arthur And AIIco, LTD Related To The Wastewater Rehabilitation Project (!ncreases The Contract Amount By $286,726.20) - Account No. 426-~.625-532.83- 00, Project No. 426ALL. (4) P.R. No. 13086 - A Resolution Authorizing The Second Year Of The Existing Three (3) Year Contract With A.N.F. Materials And Transport, !nc. Of Port Arthur, Texas, For Wood Grinding Services At A Unit Cost Of $0.70 Per Cubic Yard To Grind Green Waste At The City's Landfill. Funds Are Available In The FY 2005 Public Works - Solid Waste Division Budget - Account No. 403-1274-533.59-00. AGENDA APRIL 12, 2005 VT. CONSENT AGENDA - CON'I"~NUED (5) P.R. NO. 13087 - A Resolution Authorizing The City Manager To Execute An Amendment To The Existing Advance Funding Agreement Between The City Of Port Arthur And The State Of Texas, Dated March 24, 2003. (6) P.R. No. 13088 - A Resolution Approving The Application For Housing Tax Credits As It Pertains To The Rehabilitation Of The Villa Hain Apartments. (Requested By The Cib/Manager) (7) P.R. No. 13089 - A Resolution Accepting The Automatic Increase In Access Line Rates As Calculated By Public Utility Commission, As It Pertains To The Amount Of Revenues The City Will Receive And As It Pertains To Their Allocation Of Rates For Residential, Non-Residential And Point To Point Customers. (8) P.R. No. 13090 - A Resolution Approving Germer & Ge~z LLP As Legal Counsel For The City Of Port Arthur Section 4A Economic Development Corporation. (9) P.R. No. 13091 - A Resolution Awarding A Contract To The Lowest Responsible Bidder And Authorizing Execution Of: The Contract For ,~anitoriai Services For The Port Arthur Police Department And Municipal Court: Building To Sandra's Enterprises, [nc., DBA Professional Maid Service }'n The Amount Of $21,600.00 Per Year For Three Years Charged To Account Number 001-1101-521.32-00 (10) P.R. No. 13092 - A Resolution Authorizing The Execution Of A Contract BebNeen The City Of Port Arthur And Communib/ Development Services In The Amount Of $17,875 To Continue Technical Assisbance That Has Been Sponsored By The U.S. Department Of Housing & Urban Development. (11) P.R. No. 13093 - 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 Extend The Contract For Community-Based Outreach Services For The Children's Health Insurance Program (CH[P). (12) P.R. No. 13094 - A Resolution Approving An Tnvoice Or Tnvoices Of The City Of Port Arthur Section 4A Economic Development Corporation. AGENDA APRIl 12, 2005 YZ. CONSENT AGENDA - CONTINUED (13) P.R. NO. 13095 - A Resolution Authorizing The City Of Port Arthur To Support A "Click It Or Ticket" Selective Traffic Enforcement Program (S.T.E.P.) Grant In The Amount Of $8,000. (14) P.R. No. 13096 - A Resolution Authorizing The Calling Of A Public Hearing To Consider Whether Or Not Public Convenience And Necessity Require The Operation Of A Proposed Taxi Business. (15) P.R. No. 13097 - A Resolution Approving An Economic Incentive Contract Between FRP Group LLC And The City Of Port Arthur Section 4A Economic Development Corporation VZI'. ZTEMS REQUZRZNG ZNDZVZDUAL Ac'rzON - NON-CONSENT A. Resolutions P.R. No. 13098 - A Resolution Renaming The Downtown Revitalization Committee And Assigning Persons Thereto (Requested By Councilmember Henderson) B. Ordinances P.O. No. 5516 - An Ordinance Amending Subsection (C) Of Section 114- 133 And Adding Subsection (7) To Section 114-133 (,1) Of Chapter 114 Of The Code Of Ordinances Of The City Of Port Arthur Establishing Lists Of Participating Business Permit Holders For Nonconsent/Nonpreference Pickups Or Tow, Regulating The Towing To Repair Companies, Providing For An Effective Date, And Providing For Publication. C. *Reports And Recommendations (1) Report On Pleasure Island Erosion (2) Report On The City Employees Federal Credit Union ATM Machine At City ·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. AGENDA APRIL 12, 2005 VIII, REPORTS OF BOARDS & COI41~ITn'EES None ]X. *CLOSED I~IEET'ZNG (EXECUTZVE SESSZON) Tn Order To Comply With The Requirements Of Section 551.101 Of Chapter 55! (Open ~leetJngs 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 Hake The Following Public Announcement: "A Closed Meeting Or Executive Session Witl 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 ]~ncentives (1) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To Training, Research And Development (Requested By Councilmember Flood) (2) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To The Police Department Investigation (Requested By Councilmember Flood) (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To The Water Bill Of Frank Thomas At 1849 Lakeshore Drive (Requested By City Manager) (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Emissions Permitting (5) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Persons And Companies That Litter (Requested By Councilmember Henderson) (6) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential And Industrial Business Prospects. (7) Section 551.071 - To Discuss With The City Attorney Potential Litigation As It Pertains To Brittany Apartments AGENDA APRIL :12, 2005 7.X. *CLOSED MEETZNG (EXECU'I'~VE SESSt'ON) - CONTINUED (8) Section 551.071 - Government Code - To Discuss With The City Attorney Procedures As To Avoid Litigation As It Pertains To Wrecker Services (9) Section 551.071 - Government Code - To Discuss With The City Attorney Procedures As To Avoid Litigation Pertaining To Disruptions/Comments/Remarks At Council Meetings *The Items In Executive Session May Be Discussed And Acted On In Open Session X. FUTURE AGENDA Zl'EMS OR RE(~UESTED REPORTS Ttems For Future Agenda Consideration Or Reports From Staff May Be Requested But No Discussion Of Any Item Or Request Shall Take Place. X~, AD3OURNMENT OF ME-- i~NG Recess The Meeting And Reconvene At 8:30AM On .lanuary 19, 2005. 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 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 wishes to address the Counci~ on the same subject matter, Jt 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. 10. 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 Wan~ing. 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 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 th 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 Reuueetinn To Be Heard On Auenda 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 residents addressing the Council. Suecific AcTenda 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.