HomeMy WebLinkAboutSeptember 27, 2005OSCAR G. ORTIZ, MAYOR STEPHEN FITTGIBBONS RONNIE H. THOMPSON, MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN WILLIE LEWIS, JR. Cit~ of CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY A~FORNEY MARTIN FLOOD JOHN BEARD, JR. DELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting September 27, 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. 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 September 27, 2005 5:30PM I. ROLL CALL, INVOCATZON & 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 t'z, PROCLAMATZONS & MINUTES None Ill. PE/.r I iONS & COMMUNICATZONS A. Presentations None B. Speakers Lynn Williams Regarding 623 West 9th Street C. Correspondence None I'V. PUBLZC HEARZNGS - 7:00P1~t - None V, UNFINISHED BUSINESS The Following Ttem Of Business Was Held From The Previous IVleeting At Which No Action Was Taken On This Item: None. AGENDA September 27, 2005 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Landfill Equipment Company of Herculaneum, Missouri In The Amount Of $29,185.13 To Purchase Replacement Parts For The 1987 Rex 3-70A Compactor Equipment #1061. B. Consideration And Approval Of Awarding A Bid [=or Calendar Year 2006 Libra~ Periodicals To Magazine Subscription Service In The Amount Of $5,693.89 I=or The Port Arthur Library. C. Renewal Of Contract For Provision Of "Books, Other Print Materials, And Audiovisual Materials" With Baker & Taylor In The Amount Of $55,000 For The Port Arthur Libra~. D. Consideration And Approva~ To Award Bid For To Southeast Service Company Of Port Arthur, Texas For Replacement Of Air Condition Unit In The Amount Of $7,180.00 For The Public Works Operation Center. E. Consideration And Approval For Payment Of 2006 Jefferson County Appraisal District Funding Allocation In The Amount Of $114,185.90. Resolutions - Consent (1) P.R. No. 13247 - A Resolution Approving A Contract Between The City Of Port Arthur, Lamar State College-Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2005-2006 Fiscal Year In The Amount Of $71,000, Account #001-1003-512.59-00 AGENDA September 27, 2005 CONSENT AGENDA - CON'I'~NUED (2) P.R. No. 132~-8 - A Resolution Authorizing The Execution Of An Agreement To Share Operating Expenses Of Rose Hill BebNeen The City Of Port: Arthur And The Federated Women's Club Of Port Arthur For The 200,5-2006 Fiscal Year, Tn An Amount Not To Exceed $6,000, Account # 1~-0-14085-551.59.00. (3) P.R. No. 13249 - A Resolution Approving A Contract BebNeen The City Of Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Pompeiian Villa For The 2005-2006 Fiscal Year Tn The Amount Of $1zt,800, Account: #001-1003-512.59-00 (4) P.R. No. 13250 - A Resolution Approving A Contract BebNeen The City Of Port Arthur And Southeast Texas Arts Council (SETAC) For The Purpose Of Funding SETAC For The 2005-2006 Fiscal Year In The Amount: Of $45,000, Account #001-1003-512.59-00. (5) P.R. No. 13256 - A Resolution As It Pertains To A Purchase Agreement Of KCS Property By The City Of Port Arthur And The City Of Port Arthur Section ZtA Economic Development Corporat:ion (6) P.R. No. 13271 - A Resolution Awarding A Contract To Greater Texas Environmental, Thc. Tn The Amount Of $13,500.00, And Authorizing The Execut:ion Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A), To Be Charged To Account No. 105- lq-31-552.59-00; Project No. C31120. (7) P.R. No. 13272 - A Resolution Awarding A Contract To Greater Texas Environmental, Inc. In The Amount Of $14,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group B), To Be Charged To Account No. 105- 1431-$52.59-00; Project No. C31120. (8) P.R. No. 13273 - A Resolution Awarding A Contract To Greater Texas Environmental, Inc. In The Amount Of $13,100.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group C), To Be Charged To Account No. 105- lzt31-552.59-00; Project No. C31120. AGENDA September 27, 2005 VI'. CONSENT AGENDA - CONSENT - CON1/NUED (9) P.R. No. 13274 - A Resolution Awarding A Contract To Greater Texas Environmental, :Inc. ]~n The Amount Of $14,700.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group D), To Be Charged To Account No. 105- 1431-552.59-00; Project No. C31120. (10) P.R. No. 13275 - A Resolution Awarding A Contract To Greater Texas Environmental, Tnc. In The Amount Of $13,400.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group E), To Be Charged To Account No. 105- 1431-552.59-00; Project No. C31120. (~.1) P.R. No. 13276 - A Resolution Awarding A Contract To Greater Texas Environmental, ]~nc. l~n The Amount Of $13,100.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group F), To Be Charged To Account No. 105- 1431-552.59-00; Project No. C31120. (12) P.R. No. 13278 - A Resolution Authorizing The City Manager To Execute Renewal Contracts Between Its Third Party Administrator (Administrative Services Only) For The City Of Port Arthur Group Medical, Dental Tnsurance; For Basic Life, And For Basic Accidental Death And Dismemberment, Excess Loss Indemnity With Blue Cross And Blue Shield Of Texas, Inc. (13) P.R. No. 13281 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Rose E. quirante, R.D., For The Provision Of Dietary Consultation Services For The Women, Infants And Children (WIC) Program And Diabetes Education Classes To The Health Department Clients (14) P.R. No. 13282 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Betty ]. Sennemari, RN, CDE, For The Provision Of Dietary Consultation And Diabetes Education Services For The Health Department AGENDA September 27, 2005 V~. CONSENT AGENDA - CONSENT - CONTTNUED (15) P.R. No. 13283 - A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And William D. George, MD To Act As The City's Health Authority For The Health And Fire Departments (16) P.R. No. 13288 - A Resolution Authorizing The City Manager To Exchange Our Current Geffs Manufacturing BM 624 Chip Spreader For A New LlVl 420 Chip Spreader. (17) P.R. No. 13289 - A Resolution Amending The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates A Convention/Visitors Bureau. TTEI~tS RE(~UI'R~NG ~NDZV~DUAL ACT[ON - NON-CONSENT A. Resolutions (1) P.R. No. 13252 - A Resolution Approving A Settlement In The Litigation As It Pertains To .lihan "Ali" ~lohammad, et al vs. Nichols Company, L.L.P., Arceneaux &. Gates Consulting Engineers, Inc. And Park Central Municipal Utility District (2) P.R. No. 13277 - A Resolution Appointing New Plembers To The Port Arthur Youth Advisory Council (3) P.R. No. 13285 - A Resolution Supporting The Proposed Sempra Energy LNG Regasification Terminal Development (Requested By Councilmember Beard) (4) P.R. No. 13290 - A Resolution As It Pertains To Hurricane Rita B. Ordinances (1) P.O. No. 5552 - An Appropriation Ordinance Adopting A Budget For The Ensuing Fiscal Year Beginning October 1, 2005 And Ending September 30, 2006, In Accordance With Section 7, Article XI! Of The Charter Of The City Of Port Arthur. (2) P.O. No. 5553 - An Ordinance Adopting A Tax Rate For The Tax Year 2005 (Fiscal Year October 1, 2005 - September 30, 2006) AGENDA September 27, 2005 VII, ZTEMS REQUZRZNG ZND~VZDUAL ACTZON - NON-CONSENT - CONTINUED (3) P.O. No. 5554 - An Ordinance Approving The 2005 Tax Roll For The Use And Support Of The Municipal Government Of The City Of Port Arthur; And Providing For The Interest And Sinking Fund And Apportioning Each Levy For A Specific Purpose. (4) P.O. No. 5556 - An Appropriation Ordinance Approving And Adopting A Budget For The City Of Port Arthur Section 4A Economic Development Corporation For The Ensuing Fiscal Year Beginning October 1, 2005 And Ending September 30, 2006 In Accordance With Section 12.03 Of The Bylaws Of The Corporation. (5) P.O. No. 5557 - An Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The Port Arthur Police Association (6) P.O. No. 5558 - An Ordinance Amending Chapter 18 Section 18-33 Permit Schedule Section B-101, BI02, B103, B104, B~.05 And B106 Permit Fees, Of The Building Code Of Ordinances Of The City Of Port Arthur; Providing Certain Amendments Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars, As Provided In Section 18-43 Of The Code Or Otherwise Imposed By State Law; Said Changes Repeal All Or Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Hereof. (7) P.O. No. 5559 - An Ordinance Designating A School Zone Along Lake Arthur Drive For Ridgewood Christian School, Providing For An Effective Date, And For Publication (8) P.O. No. 5560 - An Ordinance Amending Chapter 86 Of The Code Of Ordinances As It Pertains To Solid Waste, Providing For An Effective Date, And Providing For Publication. (9) P.O. No. 5561 - An Appropriation Ordinance Amending The Budget Of The Port Arthur Economic Development Corporation For The Fiscal Year Beginning October l, 2004 And Ending September 30, 2005 C. *Reports And Recommendations (1) Hurricane Katrina Activities (2) Report From Gayle Botley Regarding Utility Billing Processes AGENDA September 27, 2005 *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%1'1'. REPORTS OF BOARDS & COI~II~I%'rl'EES None *CLOSED MEE'rZNG (EXECU'rZVE 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 F4eeting 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 I~leetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation As It Pertains To ~lohammad V$ N/£ho/s, (2) Section 555.071 Government Code - To Discuss With The City Attorney The Pending Litigation As It Pertains To I~I///$ Vs. C/ty Of Port Arthur And PAEDC (3) Section 551.087 Government Code - To Discuss Tncentives For Commercial, Residential, Medical And ]~ndustrial Business Prospects *The Items In Executive Session May Be Discussed And Acted On In Open Session FUTURE AGENDA Z'I'Ef4S 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. AGENDA September 27, 2005 Xl'. AD3OURNHENT OF MEE'I~NG NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On September 28, 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 The Open Meetings Law. 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 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 permission of the Presiding Officer. 4. Improper references, disorderly conduct by persons addressing Council. Any person making, expressly or impliedly, parsonal, 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 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 paace and good order of the meeting. 9. Person authorized to be within rail. No parson 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. 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 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 Reauestin~l 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 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 Aaenda Items After a motion, second and discussion by the City Council on any spacific 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 spacified 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.