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HomeMy WebLinkAboutJune 5, 2007OSCAR G. ORTIZ, MAYOR MICHAEL "SHANE" SINEGAL, MAYOR PRO TEM COUNCIL MEMBERS: JACK CHATMAN, JR. CAL JONES THOMAS J. HENDERSON UARTiN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON DELORIS "BOBBLE" PRINCE C~ty of Texas STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. $OKOLOW CITY ATTORNEY AGENDA City Council Regular Meeting June 5, 2007 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 I1. II1. IV. City Council Meeting City Hall Council Chamber City Of Port Arthur June 5, 2007 5:30PM ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Sinegal Councilmember Chatman Councilmember Jones Councilmember Henderson Councilmember Prince Councilmember Flood Councilmember Beard Councilmember Williamson City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes- April 24, 2007 Regular Meeting PETITIONS & COMMUNICATIONS A. Presentations None B. Speakers Ellis Allen Regarding The Beautification Of Port Arthur C. Correspondence None PUBLIC HEARINGS - 7:00 PM None AGENDA JUNE 5, 2007 VI. UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: P. R. No. 14154 -A Resolution As It Pertains To Logan Park CONSENTAGENDA 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. Consideration And Approval Of Payment To The Texas Municipal League (TML) In The Amount Of $5,129 For League Services Including Texas Town & City Magazine For July, 2007 - June, 2008. Consideration And Approval Of AWarding A Bid To Walker's Electric Company Of Beaumont, TX In The Amount Of $24,995 For A 45KW 3 Phase LP Gas Generator With 400 AMP Transfer Switch For The Transit Department Consideration And Approval To Reject The Bids Received For Emergency Generators For Fire Stations #2 (1201 Grannis) And Fire Station #5 (6099 Lewis Foster) And Authorization To Rebid Consideration And Approval Of Awarding A Bid To K/Of Greenbay, WI (Through Buyboard) In The Amount Of $200,777.11 For 1,500 Chairs, 100 Rectangle Tables And 50 Round Tables For The Robert A. "Bob" Bowers Civic Center E~ Expense Report Councilmember John Beard, Jr.: Attended Golden Triangle Days In Austin, TX February 25-27, 2007 $987.32 Councilmember Deloris "Bobbie" Prince: Use Of Personal Auto For Out-Of-Town Business April & May, 2007 $ 79:54 AGENDA JUNE 5, 2007 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P. R. No. 14084 - A Resolution Authorizing The City Manager To Pay Quarterly Fees For Landfill Disposal To The Texas Commission On Environmental Quality (TCEQ) For The Remainder Of Fiscal Year 2007 Not To Exceed $100,000. Funding Is Available In Account No. 403-1274- 533.59-01 (2) P. R. No. 14172 - A Resolution Authorizing The City Manager To Enter Into A Contract For Arbitrage Rebate Compliance Services With First Southwest Asset Management, Inc. (3) P. R. No. 14173 - A Resolution Authorizing The City Manager To Enter Into A Contract For Disclosure Services With FSC Disclosure Services, A Division Of First Southwest Company (4) P. R. No. 14174 - A Resolution Awarding A Bid And Authorizing The Execution Of A Contract With Grasshopper Lawn Service For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area A, To Be Charged To Account No. 001-1401-551.59-00 (5) P. R. No. 14175 - A Resolution Awarding A Bid And Authorizing The Execution Of A Contract With Grasshopper Lawn Service For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area A, To Be Charged To Account No. 001-1401-561.59-00 (6) P. R. No. 14176 - A Resolution Awarding A Bid And Authorizing The Execution Of A Contract With Grasshopper Lawn Service For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area D, To Be Charged To Account No. 001-1401-551.59-00 (7) P. R. No. 14177- A Resolution Authorizing Acceptance Of A Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee From Juliet Homes, LP For The Completion Of The Public Improvements (Water And Sanitary Sewer Systems Only) To Serve Dominion Ranch Section 1, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas AGENDA JUNE 5, 2007 VI. CONSENTAGENDA-CONTINUED (8) P. R. No. 14187- A Resolution Amending The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates A ConventionNisitors Bureau (9) P. R. No. 14188 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (10) P. R. No. 14194- A Resolution Authorizing The Contract Between The City Of Port Arthur And Southeast Texas Building Service, Nederland, Texas For A Three Year Janitorial Contract For City Hall/Annex Buildings In The Amount Of $131,040 Charge To Account 001-1206-531.32-00 (11) P. R. No. 14195 - A Resolution Authorizing The Public Works Department, Drainage Division To Proceed With Drainage Improvements For Lakefront Park On Pleasure Island (12) P. R. No. 14196 - A Resolution Authorizing The Execution Of A Buffer Zone Protection Plan Grant In The Amount Of $179,500.00 (13) P. R. No. 14197 -A Resolution Authorizing The Mayor And City Manager To Execute A Change Order 01 To The Contract Between The City Of Port Arthur And Pick Two Contractors, Inc., Of Port Arthur, Texas For Reconstruction Of The Northwest Landfill Levee Increasing The Amount By $14,500 To A New Total Of $118,750, Solid Waste Account 403-1274- 533.59-02 (14) P.R. No. 14198 - A Resolution Approving Tax Exemptions For Charitable Organizations As Allowed Under Section 11.184 Property Tax Code (15) P. R. No. 14199 - A Resolution Authorizing A Contract For The Services Of Edwards, Tate And Fontenote, LLP, Certified Public Accountants, As Independent Auditors For The City Of Port Arthur For The Year Ending September 30, 2007 (16) P.R. No. 14200 - A Resolution Authorizing The Execution Of A Buffer Zone Protection Plan Grant In The Amount Of $179,700.00 (17) P.R. No. 14201 - A Resolution Authorizing The City To Advertise For Bids For Mowing And Landscape Maintenance Along State Highway 73 4 AGENDA JUNE 5, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No. 14164 -A Resolution Setting A Policy Limit On Any Future Cash Grant Incentives For 4A Projects By The Port Arthur Section 4A Economic Development Corporation At $250,000, Not To Include Discounts On The Sale Of Land Or Loans (2) P. R. No. 14190 - A Resolution Appointing Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (3) P. R. No. 14202 - A Resolution Authorizing The Contract Between The City Of Port Arthur And Pick Two Contractors Of Port Arthur, Texas In The Amount Of $665,000 For Renovations Of The Second Floor Of The Health Department Located At 449 Austin Avenue; Funds Are Available In Account #132-1021-514.59-00, Project No. SSBG01 (4) P. R. No. 14203 - A Resolution Accepting An Easement For Utility Purposes From 2 M.V.P., Inc., A Texas Corporation, Being A 0.1182 Acre Tract Of Land Out Of Lot 1, Block 12, Range "J", Port Arthur Land Company, City Of Port Arthur, Jefferson County, Texas (5) P. R. No. 14204 - A Resolution Accepting An Easement For Utility Purposes From Vinod V. Shah, Mahedra And Suresh M. Patel, Being A 0.0734 Acre Tract Of Land Out Of Lot 8, Block 11, Range "J", Port Arthur Land Company, City Of Port Arthur, Jefferson County, Texas (6) P. R. No. 14205 - A Resolution Accepting An Easement For Utility Purposes From D. J. & Son Enterprises, Inc. Being A 0.6556 Acre Tract Of Land Out Of Lots 1 And 8, Block 11 Range "J", Port Arthur Land Company, City Of Port Arthur, Jefferson County, Texas B. Ordinances (1) P. O. No. 5758 - An Ordinance As It Pertains To James Hope Center For Children, Inc. (2) P. O. No. 5759 - An Ordinance As It Pertains To The Runoff For The Position Of Mayor To Be Held On June 30, 2007 AGENDA JUNE 5, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONSENT C. *Reports And Recommendations (1) (2) April, 2007 Financial Report Report On Preliminary Taxable Values *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 VIII. REPORTS OF BOARDS & COMMITTEES - None IX. CLOSED MEETING (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 Closed Meeting: (1) (2) (3) (4) (5) (6) Section 551.072 Government Code - To Discuss The Value Of Land At 3538, 3540, And 3542 9th Avenue Section 551.072 Government Code - To Discuss The Value Of Land As It Pertains To The Lease Or Sale Of Land On Pleasure Island Section 551.072 Government Code - To Discuss The Value Of Land As It Pertains To Denbo Avenue And West 7th Street Section 551.072 Government Code - To Discuss The Value Of Land At 4444 Highland Drive Section 551.087 Government Code - To Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects Section 551.071 And 551.074 Government Code - To Discuss The Appointment And Duties Of An Interim Attorney For The EDC As It Involves Prospective Projects And Litigation *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA JUNE 5, 2007 FUTURE AGENDA ITEMS 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. ADJOURNMENT OF MEETING NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On June 6, 2007. 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 ======================================================================================= 7 RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDZENCE MEMBERS 5. 6. 7. 8. Recognition by Presiding OffTcer. No parson shall address the Council without first being recognized by the Presiding Officer. 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 that subject he wishes to discuss, state whom he is representing if he represents an organization or other parson, and unless further time is granted by majority vote of the Council, shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. 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. Zmpreper References, Disorderly Conduct By Per, on Addressing The Cound~, Any person making, expressly or impliedly, parsonal, 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, the order by the Presiding Officer, and if such conduct conUnues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. Addresses After l'lotion I~lade or Public Hearing Closed. After a motion has been made or a public 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. Campaign Speechea Prohibited. No persons 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. Disorderly Conduc~ No parson 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 disturbs the peace and good order of the meeting. 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 Council proceedings and/or discomfort to the public. Pereon$ Having Comp/aint~/ A//e~ation$, or Char~es Agafe~t Individual C/ty £mp/oyee~ No person shall make any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting unless he first shows that he has pursued appropriate administrative channels. ENFORCEMENT OF DECORUM Warning. Ail persons shall at the request of the Presiding Officer, be silent. Removal. Zf, 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. Zf he does not remove himself, the Presiding Officer may order the Sergeant-at0arms 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. ~lotJons 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 r4eetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Per;Fons ,~,=,',~,p,:tinn To Be Heard On Anenda .Ttems (1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (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. 'ftc A n a I m 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 pariod of three (3) minutes. "Spacific Agenda [tems" are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Heetings Law and which becomes the subject of a motion before the Council.