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HomeMy WebLinkAboutNovember 22, 2005OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS RONNiE H. THOMPSON, MAYOR PR0-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN WILLIE LEWIS, JR. Ci~ of -- CITY SECRETARY FELIX A. BARKER MARK ~ SOKOLOW THOMAS J. HENDERSON CIT~ ATrORNEY MARTIN FLOOD JOHN BEARD, JR. DELORIS PRINCE MICHAEL "SHANE" SIHEGAL Texas AGENDA City Council Regular Meeting November 22, 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 November 22~ 2005 5:30PM I, ROLL CAL~ 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 II. PROCLAMATIONS & MINUTES Minutes - October 25, 2005 Regular Council Meeting November 8, 2005 Regular Council Meeting III. PE m ~ m ~ONS & COMMUNICATIONS A. Presentations None B. Speakers (1) Gerald Tervalon Regarding Taking Over Como Taxi Service (2) Richard Bowden Regarding Animal Control Procedures (3) Chi Tran Regarding 6-Month Old l.ncorrect Water Bill (4) Stanley Ballou Regarding Animal Control (5) Yulander Mayfield Regarding PAI'SD Bus Drivers C. Correspondence (1) Letter Of Resignation From EDC Board Director Maria Block (2) Certificate Re-Appointing Ronnie Linden To The Port Arthur Housing Authority AGENDA NOVEMBER 22, 2005 ZV. PUBLZC HEARZNG - 7:00Pt4 To Consider Comments Concerning The Adoption Of An Ordinance To Participate In The Texas Enterprise Zone Program And Nomination Of Both The Premcor Refining Group, Inc. And BASF Corporation To The Office Of The Governor As Texas Enterprise Projects V. UNFZNZSHED BUS?NESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: 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 The Following Invoices For Hurricane Rita Emergency Purchases: Cotton Companies Totaling $378,058.17 & Startex Gasoline And Oil Distributors Totaling $209,043.84; Aggreko Totaling $5,621.12, B. Consideration And Approval Of Awarding The Annual Contract Supplying Diesel #2 Fuel For The City's Transit Center & Wastewater Treatment Plant (Hwy. 365) And Dyed Diesel For Off-Road Use For The Landfill To Petroleum Traders Corporation Of Fort Wayne, Indiana. C. Consideration And Approval Of Awarding A Bid For Self-Priming Sewage Pumps To Pump & Power Equipment Of Houston, Texas In The Amount Of $14,030 For The Utility Operations Department (Wastewater Treatment Division). D. Consideration And Approval For The Purchase Of New Office Furniture Damaged By Hurricane Rita From 3. R. Inc. Of Universal City, Texas In The Amount Of $9,254.46 For The Utility Operations Service Center. 2 AGENDA NOVEMBER 22, 2005 VZ. CONSENT AGENDA - CONT/NUED E. Consideration And Approval Of Payment To Texas Commission On Environmental 0uality (TCEQ) In The Amount Of $8,414.61 For The Annual Water System Fee. F. Consideration And Approval For The Purchase Of Influenza And Pneumonia Vaccines From Sanofi Pasteur, Inc. In The Estimated Amount Of $35,700 For The Health Department. G. Consideration And Approval Of Awarding A Bid For Draperies Damaged Due To Hurricane Rita To Windows Impressions Of Beaumont, Texas In The Amount Of $6,495 For The Health Department. H. EXPENSE REPORT Councilmember John Beard, .lr.: Attend LNG Conference In Houston, Texas, November 8 - 10, 2005 $ 631.32 Out Of Town Mileage During Hurricane Rita: Sept. - Oct., 2005 $ 117.45 Resolutions - Consent (1) P.R. No. 13287 - A Resolution Authorizing The Renewal Of A Contract With ICU Environmental, Health & Safety For Asbestos Abatement Consulting Services; Account No. 105-1431-552.54-00, Project No. 31120. (2) P.R. No. 13334 - A Resolution Designating And Establishing The Mardi Gras Entertainment Area For 2006, Designating Mardi Gras Of Southeast Texas, Inc. As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Mardi Gras Of Southeast Texas, Inc. (3) P.R. No. 13336 - A Resolution To Amend The FY 2005-06 Contract Bet~veen The City Of Port Arthur And The Department Of State Health Services, To Add Attachment No. 05, Nutrition Services Section (VVIC Card Participation). A~ENDA NOVEMBER 22, 2005 VZ. CONSENT AGENDA - CONTZNUED (4) P.R. No. 13337 - A Resolution Authorizing The Execution Of An Amendment To The Contract Between The City Of Port Arthur And The Health And Human Services Commission To Extend The Contract For Community-Based Outreach Services For The Children's Health Insurance Program (CHIP). (5) P.R. No. 13338 - A Resolution Authorizing An Amendment To The Contract Between The City Of Port Arthur And The Department Of State Health Services To Continue Remote Birth Certificate Access. (6) P.R. No. 13339 - A Resolution Pertaining To A Legal Services Agreement With Crain, Caton & ~lames As It Pertains To The Landfill (Account No. 403-1274-533.54-00). (7) P.R. No. 13340 - A Resolution Approving Change Order No. Two To The Contract Between The City Of Port Arthur And Simco Enterprises, Ltd, Related To The Lake Charles Area Wastewater Rehabilitation Project. (Decreases The Contract Amount By $2,781.00 - Account No. 426-1625- 532.83-00, Project No. 426SIM). (8) P.R. No. 13341 - A Resolution Authorizing A Consulting Contract For The Services Of Gayle W. Botley & Associates, Certified Public Accountants, Related To Utility Billing And Collections Procedures. (9) P.R. No. 13342 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $169,714.73 Made Against Fidelity National Insurance Company As A Result Of The Flood Damage To The Sabine Pass Fire Station #4. (10) P.R. No. 13344 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $145,012.89 Made Against Fidelity National Insurance Company As A Result Of The Flood Damage To The YMCA. (11) P.R. No. 13345 - A Resolution Committing A Local Match For Emergency Bridge Replacement By The Texas Department Of Transportation And Authorizing The City Manager To Execute An Agreement With The State Of Texas For The Bridge Replacement. Project HREMER, Account 123- 2300-901.92-00. 4 AGENDA NOVEHBER 22, 2005 VI'. CONSENT AGENDA - CONTTNUED (12) P.R. NO. 13346 - A Resolut:ion Appoint:ing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Commi~ee (13) P.R. No. 13348 - A Resolution Aut:horizing An Agreement: To }'ns~all A New Roof At The YHCA From Duro-Last Roofing, [nc., Of Saginaw, Michigan In The Amount: Of $227,960.50 V/[. TI'EMS RE(~UIR~NG INDIVIDUAL Ac'r/ON - NON-CONSENT A. Resolutions (1) P.R. No. 13252 - A Resolut:ion Approving A Se[l:lement In The Lit:igat:ion As It Pertains To .]ihan "Ali" rVlohammed, Et Al Vs. Nichols Company, L.L.P., Arceneaux & Gat:es Consult:ing Engineers, Thc And Park Central Municipal Ut:ility Dist:rict. (2) P.R. No. 13335 - A Resolution As Tt Pertains To The [ndust:rial Park Covenan~ And Restrictions At: The Spur 93 Business Park (3) P.E. No. 13347 -A Resolution Appointing And/Or Reappoint:ing A Member Or Members To The Board Of Directors Of The Port Arthur Housing Finance Corporation B. Ordinances (1) P.O. No. 5570 - An Ordinance Designat:ing December 23, 2005 As A Legal Holiday. (2) P.O. NO. 5571 - An Ordinance Amending The Budget Of The City Of Port Arthur Section 4A Economic Development Corporation And Approving The Selection Of Floyd Batiste As Chief Executive Officer For The City Of Port Arthur Section 4A Economic Development Corporation AGENDA NOVEMBER 22, 2005 I'TEHS REQUIR]NG :[NDI~/]DUAL ACTTON - NON-CONSENT- CON'r']NUED (3) P.O. No. 5572 - An Ordinance Authorizing The City Of Port Arthur To Participate Tn The Texas Enterprise Zone Program Under The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code; Providing Tax Incentives; Nominating The Premcor Refining Group Inc., To The Office Of The Governor Economic Development And Tourism Through The Economic Development Bank For Designation As A Qualified Business And Triple ,lumbo Enterprise Project Under The Act; Nominating BASF Corporation To The Office Of The Governor Economic Development And Tourism Through The Economic Development Bank For Designation As A Qualified Business And Triple Jumbo Enterprise Project Under The Act And Designating A Liaison For Overseeing Enterprise Projects And Communicating With Interested Parties. C. *Reports And Recommendations September, 2005 Financial 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. vz'rz. REPORTS OF BOARDS & COt4M~ m mEES None IX. *CLOSED ME,'m raNG (EXECUTIVE SESSZON) 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: '% Closed IVleeting 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 6 AGENDA NOVEMBER 22, 2005 ZX, *CLOSED HEE'['ZNG (EXECUI'ZVE SESSI'ON) - CONTZNUED Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To Mohammed Vs. Nichols, Et Al (2) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, Medical, And Industrial Business Prospects *The Items In Executive Session May Be Discussed And Acted On In Open Session X, FUTURE AGENDA ZI'Et4S 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', ADIOURNMENT OF t4EE'rZNG NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On November 23, 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 Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Spokesman for group of persona. 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 prober 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 bersons 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 ($) 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 berson having the floor shall be permitted to enter into any discussion, whether directly or through a member of the Council, without the bermission 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 imbede, disrupt or disturb the orderly conduct of any meaning, 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 bean 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 bermission 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 speaches 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 cify employees. No berson 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 berson except members of the Council and the city staff shall be permitted wthin the rail without the consent of the Presiding Officer. 1 O. 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 bersists in disturbing the meating, such officer may order him to remove himself from the meeting. If he does not remove himself, the Presiding Officar 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 Requesting 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 meating. The berson 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 sbecify 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 sbecific 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 bermitted to address the Council thereon for a period of (3) threa minutes. Specific agenda items are defined as any items sbecified on the notice of meating posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.