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HomeMy WebLinkAboutOctober 25, 2005OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS CITY MANAGER RONNIE H. THOMPSON, MAYOR PRO-TEM EVANGELINE "VAN" GREEN COUNCIL MEMBERS: CITY SECRETARY WILLIE LEWIS, JR. Cit~ of' FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY ATrORNE¥ MARTIN FLOOD JOHN BEARD, JR. DELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting October 25, 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 · 409/983-8115 · FAX 409/983-B291 City Council Meeting City Hall Council Chamber City Of Port Arthur October 25~ 200S S:30PM Polfce £1tef John *r. ROLL CALL, ZNVOCATLON & PLEDGE Mayor Ortiz Mayor Pro Tem Thompson Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Coundlmember Prince Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow Z'[. PROCLAMATZONS & MI'NUTES None Pc i ~ i ~ONS & COMMUNZCATZONS A. Presentations (1) Presentation By Mustafa Abdul' "iabbar Regarding The Unity Program UNO.lA (Requested by Councilmember Sinegal) (2) Presentation By ~AP Worldwide Services Concerning The Disaster Relief Efforts AGENDA O~ober 25, 2005 III. PETITIONS & COMMUNICATIONS - CONTINUED (3) Presentation By Colonel Steve Houstein Regarding The Corps Of Engineers Hurricane Recovery Mission B. Speakers Betty Adkins Regarding Trash Pick-Up And Sewer Tap Fees For FEMA Trailers C. Correspondence - None IV. PUBLIC HEARINGS - 7:00PM - None V. UNFINISHED BUSINESS 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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. Approval Of Hurricane Rita Emergency Purchases: Cotton Companies $100,000 For Remediation Of City Facilities, $i6,038 For Civic Center Roof Covering; z l~ Night Vision $25,080 For 10 Sets Of Night Vision Goggles; Lowe's Home Improvement Center For Public Works Supplies; AIIco, Inc. $23,999.18 For Various Water Facility Repairs; Garner Environmental 2 AGENDA October 25, 2005 VI. CONSENT AGENDA - CONT/NUED Resolutions - Consent (1) P.R. No. 13271 - A Resolution Awarding A Contract To Greater Texas Environmental, ThC. ]~n The Amount Of $13,500.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A), To Be Charged To Account No. 105- 1431-552.59-00; Project No. C31120. (2) 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- 1431-551.59-00; Project No. C31120. (3) P.R. No. 13273 - A Resolution Awarding A Contract lo 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- 1431-552.59-00; Project C3:[120. (4) P.R. No. :[3274 - A Resolution Awarding A Contract To Greater Texas Environmental, inc. l~n The Amount Of $:[4,700.00, 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- :[43:[-552.59-00; Project No. C31:[20. (5) P.R. No. 13275 - A Resolution Awarding A Contract To Greater Texas Environmental, Tnc. Tn 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. C3:[120. (6) P.R. No. 13276 - A Resolution Awarding A Contract To Greater Texas Environmental, Thc. ]~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. AGENDA October 25, 2005 VT. CONSENT AGENDA - CONT/NUED (7) P.R. No. 13298 - A Resolution Authorizing The Renewal Of The Coastal Lease No. CL820010 (8) P.R. No. 13301 - A Resolution Authorizing A Contract Between The City Of Port Arthur And Milliman, Inc. Consultants And Actuaries To Perform GASB45/Retiree Medicare Part D Drug Subsidy Attestation Services (9) P.R. No. 13302 - A Resolution Approving A Lease Agreement With Mobile Modular For The Temporary Housing Of Fire Station No. 4 Due To Damages Sustained To The Permanent Facility At 5030 South Gulfway Drive, Sabine Pass A Result Of Hurricane Rita (10) P.R. No. 13304 - A Resolution Awarding A Bid And Authorizing The Execution Of A Contract With .loey's Tractor Service For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area B, To Be Charged To Account No. 001-1401- 551.59-00. (11) P.R. No. 13305 - A Resolution Authorizing The Submission Of A Grant Agreement With The Texas Department Of Transportation To Provide For Additional Transit Operating Funds. VII. ITEMS REQUIRING INDIVIDUAL AcmION - NON-CONSENT A. Resolutions (1) P.R. No. 13293: A Resolution Authorizing Additional Services For The Contract Dated December 19, 2003 Between The City Of Port Arthur And Arceneaux & Gates Consulting Engineers, Inc. Of Port Arthur, Texas For Redesign Of The Boardwalk Extension And Increasing The Budget For This Engineering Service By $32,700 To A Total Of $256,600. CIP 202, 303-1603-591.54-00. (2) P.R. No. 13300 - A Resolution As To Sabine Pass And Other Portions Of The City Of Port Arthur (Requested By Mayor Ortiz) (3) P.R. No. 13306 - A Resolution Approving An Economic Incentive Contract And Loan Agreement Between Pleasure Island Shrimp House, Inc. And The City Of Port Arthur Section 4A Economic Development Corporation 4 AGENDA October 25, 2005 VII. ITEMS REQUIRING INDMDUAL ACTION - NON-CONSENT - CONTINUED (4) P.R. No. 13307 - A Resolution Appointing Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Prince) (5) P.R. No. 13308 - A Resolution Approving The Sub-Leasing Of Crew Quarters Housing Units From Huntsman Corporation For Temporary Housing Of Displaced Citizens Due To Hurricane Rita (6) P.R. No. 13309 - A Resolution As It Pertains To Shrimpers, Shipfitters, Offshore Workers, LNG Workers, And The Citizens Of Sabine Pass (Requested By Councilmembers Lewis, Beard And Flood) B. Ordinances (1) P.O. No. 5569 - An Ordinance As It Pertains To The Executive Orders And Agreements Entered Into Regarding Temporary Housing Of Water Department Facilities During The State Of Disaster And State Of Emergency C. *Reports And Recommendations (1) August, 2005 Financial Statement (2) Report As To The Damages Caused By Hurricane Rita, Response Of The City To Restore Public Services And To Remediate And Mitigate Damages, The Costs Thereof, The Removal Of Debris And Bills Paid Thereon, And The Reimbursement Of Associated Costs From The State, FEMA And The City's Insurance Carriers *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. VITZ. REPORTS OF BOARDS & COt41~l.i I I ~:ES None AGENDA October 25, 2005 ZX. *CLOSED t4EtlzNG (EXECUTWE SESSI'ON) 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 551.087 Government Code - To Discuss Incentives For Commercial, Residential, Medical And Industrial Business Prospects (2) Section 551.072 Government Code - To Discuss The Value Of City Buildings And Property (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation That May Arise As A Result Of Hurricane Rita Which Includes But Is Not Limited To The Recovery Of Damages To City Property, Issues As It Relates To Evacuation, Assets Obtained During The Hurricane, And Compensation To Be Paid To Vendors And Other Entities Or Persons *The Items In Executive Session May Be Discussed And Acted On In Open Session X. FUTURE AGENDA TI'Et4S 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. 6 AGENDA October 25, 2005 Xl'. ADIOURNMENT OF MEET'~NG NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On October 26, 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 parson 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 propar 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 parsons 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 parmission of the Presiding Officer. 4. Improper references, disorderly conduct by persons addressing Council. Any person making, expressly or impliedly, pereonal, 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 parson 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 parson 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 ConducL 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. g. Person authorized fo 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 Warning. Ali persons shall, at the request of the Presiding Officer, be silent. Removal If, after receiving a warning from the Presiding Officer, a person parsista 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 fo 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 Reousstim7 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 spacify 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 impade 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 AjTenda 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 parmitted to address the Council thereon for a paried of (3) three minutes. Spacific 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.