Loading...
HomeMy WebLinkAboutMAY 24, 2004OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS JOHN BEARD, JR., MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN CRAIG HANNAH City 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 May 24, 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. 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 May 24, 2005 8:30AM ROLL CALL~ INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tern Thompson Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard · Councilmember Prince Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow I'1. PROCLAMATIONS & MI'NUTES Minutes- April 26, 2005 Regular III. PEm ~ m xONS & COMMUNICATIONS A. Presentation (1) Presentation Of $200,000 EPA Brownfields Grant Award To The City Of Port Arthur By Mrs. Camisha Scott-Marshall (2) Presentation Of The 2005 Regional Senior Olympic Participants And Medalist Geraldine Hunt And Albert Thigpen (3) Presentation Regarding The City Of Port Arthur Collaborative First Annual "Senior" - Senior Prom On May 27, 2005 (4) Presentation By The Texas Workforce Development Force Regarding Hiring Opportunities B. Soeakers (1) Gerald Tervalon Regarding Setting Up A New Soup Kitchen And Transportation Business (2) Danny Mallet Regarding Jefferson County Crime Stoppers C. Correspondence - None AGENDA MAY 24~ 2005 ZV. PUBLIC HEARZNGS - 9:00AM None V, UNFZNISHED BUS][NESS 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 A Proposal From SunGard/H.T.E. To Provide Application Software Training For Code Enforcement Personnel At A Cost Of $4,800 Plus Travel Expenses. (B) Consideration And Approval Of Payment To The Texas Municipal League (TML) In The Amount Of $5,196 For League Services Including Texas Town & City Magazine For July, 2005 - June, 2006. (C) Consideration And Approval Of Awarding A Bid For The Purchase Of Street Materials (Asphalt, Oil & Emulsions) To Performance Grade Asphalt And Crafco Texas, Inc. For The Public Works Department (Street Division). (D) Consideration And Approval Of Awarding A Bid For The Purchase Of Uniform T-Shirts, Arson T-Shirts, Coveralls, Windbreakers And Uniform Belts To Z Wear, Inc. Of Houston, TX In The Estimated Amount Of $5,050.50 For The Fire Department. (E) Consideration And Approval Of Awarding A Bid For The Purchase Of Bunker Gear, Helmets, Gloves And Hoods To Dooley Tackaberry, Inc, Of Houston, TX In The Estimated Amount Of $33,032.80, Bunker Boots To Fire Supply Of Godley, TX In The Estimated Amount Of $1,749.75, Face Shields To Fisher Scientific Of Pittsburg, PA In The Estimated Amount Of $895.00 For The Fire Department. AGENDA MAY 24, 2005 VI. CONSENT AGENDA - CON'I/NUED (F) Consideration And Approval To Reject All Bids Received For Self- Contained Breathing Apparatus And Bottles For The Fire Department. (G) Expense Report Councilmember Deloris "Bobble" Prince: Westside Development Business Trip Dallas, Texas April 8 - 10, 2005 $ 664.41 Councilmember Michael "Shane" Sinegah Westside Development Business Trip Dallas, Texas April 8 - 10, 2005 $ 693.74 City Manager Steve Fitzgibbons: Westside Development Business Trip Dallas, Texas April 9, 2005 $106.65 Resolutions - Consent (1) P.R. No. 13100 - A Resolution Authorizing The Chief Of Police To Issue A Taxi Business Permit To Daranda Taxi, Owned By Bishop Daranda And Located At 3501 Turtle Creek Drive, Port Arthur, TX (2) P.R. No. 13131 - A Resolution Awarding A Contract To Greater Texas Environmental, Inc. In The Amount Of $10,750.00, And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group A), To Be Charged To Account No. 001- 1401-551.59-00. (3) P.R. No. 13132 - A Resolution Awarding A Contract To Coastal Demolition, Inc. In The Amount Of $9,600.00, And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group B), To Be Charged To Account No. 001- 1401-551.59-00. AGENDA MAY 24, 2005 VT. CONSENT AGENDA - CON'r~NUED (4) P.R. No. 13133 - A Resolution Awarding A Contract To Coastal Demolition, Inc. Tn The Amount Of $9,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group C), To Be Charged To Account No. 001- 1401-551.59-00. (5) P.R. No. 13134 - A Resolution Awarding A Contract To Coastal Demolition, Inc. In The Amount Of $9,850.00, And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group D), To Be Charged To Account No. 001- 1401-551.59-00. (6) P.R. No. 13135 - A Resolution Awarding A Contract To Coastal Demolition, Inc. In The Amount Of $11,500.00, And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group E), To Be Charged To Account No. 001- 1401-551.59-00. (7) P.R. No. 13136 - A Resolution Awarding A Contract To Coastal Demolition, Inc. In The Amount Of $9,150.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group F), To Be Charged To Account No. 001- 1401-551.59-00. (8) P.R. No. 13138 - A Resolution As It Pertains To The Payment Approval Process Of The City Of Port Arthur Section 4A Economic Development Corporation (9) P.R. No. 13142 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (10) P.R. No. 13143 - A Resolution Approving A New Memorandum Of Understanding Between The City Of Port Arthur And The Southeast Texas Workforce Development Board For The Summer Youth Employment Program (11) P.R. No. 13144 - A Resolution As It Pertains To A Special Warranty Deed To Stilwell Boulevard Between Lakeshore Drive And Procter Street And Providing For The Reservation Of An Easement 4 AGENDA MAY 24, 2005 V/. CONSENT AGENDA - CON'r/NUED (12) P.R. No. 13145 - A Resolution Accepting An Easement From 3efferson County For The Port Arthur Pedestrian Trail (Boardwalk Extension). (13) P.R. No. 13146 - A Resolution Calling A Public Hearing To Consider Whether Or Not To Rename Kansas Ave. From West 7th TO West 19th Street To Raymond Scott Ave. (14) P.R. No. 13147 - A Resolution Calling A Public Hearing To Consider Whether Or Not To Rename West 7th Street And 7th Street Between Houston Ave. And Woodworth Blvd. To Rev. Dr. Ransom Howard St. V/t'. TOUR OF TEXAS WORKFORCE DEVELOPMENT CENTER- 11:30 AM V*~Zt'. ri'EMS REQU*rR/NG 'rNDIVI*DUAL A~iiON - NON-CONSENT A. Resolutions (1) P.R. No. 13114 - A Resolution Approving An Industrial District Agreement With The Premcor Refining Group And With The Port Arthur Coker Company, L.P. For The Refinery Feed Rate Expansion Project And De-Coker Expansion (2005 - 2014) (2) P.R. No. 13115 - A Resolution Approving An Industrial District Agreement With The Premcor Refining Group For The Tier II Diesel Project (2005 - 2009) (3) P.R. No. 13128 - A Resolution As It Pertains To A Settlement Between Southeast Texas Community Development, Inc., Reginald Singleton, Mary Singleton, And The City Of Port Arthur Section 4A Economic Development Corporation (4) P.R. No. 13139 - A Resolution Approving An Invoice Or Invoices Of The City Of Port Arthur Section 4A Economic Development Corporation (5) P.R. No. 13140 - A Resolution Awarding A Contract To Thomason Enterprises In The Amount Of $9,140.00 And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group D - August 4, 2004 Bids), To Be Charged To Account No. 105-1431-552.59-00, Project No. C30120. AGENDA MAY 24, 2005 VZZX. TrEMS REQUIRING XNDIVTDUAL AC'/"XON - NON-CONSENT (6) P.R. No. 13141 - A Resolution Awarding A Contract To Thomason Enterprises In The Amount Of $10,890.00 And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group E - August 4, 2004 Bids), To Be Charged To Account No. 105-1431-552.59-00, Project No. C30120. (7) P.R. No. 13148 - A Resolution As It Pertains To A $450,000 Incentive Agreement With Williams & RAO, LP For An Enlarged Medical Office Building (8) P.R. No. 13149 - A Resolution Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The International Association Of Fire Fighters Local 397. Proposed Funding: Fire Department Budget Account No. 001-1121-522.11-00 (9) P.R. No. 13150 - A Resolution Appointing Directors And/Or Advisory Directors To The City Of Port Arthur Section 4A Economic Development Corporation (10) P.R. No. 13151 - A Resolution Appointing Or Reappointing A Member Or Members To The Pleasure Island Commission (Requested By Councilmember Barker) (11) P.R. No. 13153 - A Resolution Authorizing Filing Applications With The U.S. Department Of Housing And Urban Development For A Brownfields Economic Development Initiative Grant And A Section 108 Loan B. Ordinances P. O. No. 5527 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2004 And Ending September 30, 2005 As To Fund The City's Call Of The lefferson County FWSD #1 Series 1976 Bond Issue, The Fiscal Year 2005 Payment For The Incentive Agreement With Williams And Rao, LP, And Unanticipated Election Costs 6 AGENDA t4AY 24, 2005 VZTT. 1'rEMS RE(~UZP. ZNG INDIVIDUAL ACI'ION - NON-CONSENT C. *Reports And Recommendations (1) April, 2005 Financial Report (2) Report On Crime Statistics (3) Report On City Of Port Arthur's Crime Stoppers Program (Requested By Councilmember Prince) (4) Report On Funds Budgeted For Convention And Visitors Bureau Study (5) Report On The Possibility Of A Traffic Signal At The Intersection Of West Port Arthur Road And Highway 365 (6) Report On The KCS Overpass On Gulfway Drive *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. IX. REPORTS OF BOARDS & COt4M.[ I I EES - None X. *CLOSED t4E~-,.[NG (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 HAY 24~ 2005 X. =~CLOSED [4EETZNG (EXECUTZVE SESSZON) - CON'rZNUED Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To ].M. Kaufman (2) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To The Lawsuit Mills Vs. City, Et Al. (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential And Pending Litigation As It Pertains To EDC Consultants Or Grantees, Or Contractors (zt) Section 551,087 Government Code - To Discuss Incentives For Commercial, Residential, Medical, And Industrial Business Prospects (5) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To The EDC Business Park On Spur 93 (6) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As To The Improper Release Of Confidential Information (7) Section 551.076 Government Code - To Discuss Security Personnel Or Devices As To Crime Prevention (8) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Bankruptcy Of Goldstar (9) Section 551.071 Government Code - To Discuss With The City Attorney Litigation Of Molfino Vs. City Et. Al. (10) Section 551.073 Government Code - To Discuss A Prospective Gift Of Buildings And Lots Adjacent To 39th Street *The Items In Executive Session May Be Discussed And Acted On In Open Session XZ. FUTURE AGENDA TI'EMS OR REQUESTED 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'~'. AD.1OURNt4ENT OF MEE'rZNG 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 parsons wishes 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. All remarks shall be addressed to the Council as a whole and not to any member of the Council. No parson 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 parmission of the Presiding Officer. 4. Improper references, disorderly conduct by persons addressing Council. Any person making, expressly or impliedly, personal, impartinent, slanderous, derogatory, discourteous, snide or profane remarks, or who willfully utters loud, threatening or abusive language, or engages in any disorderly conduct which would impade, 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 spaeches 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 Conduc£ 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 paace 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 parmitted 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 Warning. Ail persons shall, at the request of the Presiding Officer, be silent. Removal. If, after receiving a warning from the Presiding Officer, a parson 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 parson 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 law an agenda containing all business to be discussed at a meeting of the City Council. Persons Reouestino To Be Heard On Aoenda 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 spacify 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 perrnifted 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. Soecific Aoenda Items After s 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 paried of (3) three minutes. Specific agenda items are defined as any items specified on the notice of meeting posted for purposes of the Texas Opan Meetings Law and which becomes the subJect of a motion before the Council.