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HomeMy WebLinkAboutJUNE 19, 2007OSCAR G. ORTIZ, MAYOR MICHAEL "SNANE" SINEGAL, MAYOR PRO TEM COUNCIL MEMBERS: JACK CHATMAN, JR. CAL JONES THOMAS J. HENDERSON MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON DELORIS "BOBBLE" PRINCE City of Texas STEPHEN FITZOIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY AGENDA City Council Regular Meeting June 19, 2007 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. 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 June 19, 2007 8:30AM 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 II. II1. PROCLAMATIONS & MINUTES Minutes - May 8, 2007 Regular PETITIONS & COMMUNICATIONS A. Presentations (1) (2) (3) Rhorer-Moniotte Investments, L.L.C. DBA Desselle-Maggard Corporation (DMC) Regarding Port Arthur Development Plans City Of Port Arthur Budget Process Tisha Armstead, Project HOPE and Yolanda Morris, Social Services Coordinator At Louis Manor Regarding Recognition Of Achievement And Volunteerism B. Speakers (1) (2) (3) (4) Bernard Scregin Regarding SETiO Update Gail Pellum Regarding Juneteenth Celebration Peggy Jones Regarding Transit Petition Stephen Mosely Regarding The Breeze Radio Station C. Correspondence County Clerk Carolyn Guidry Regarding Future Joint Elections AGENDA JUNE 19, 2007 IV. VI. PUBLIC HEARINGS - 9:00 AM (1) To Consider The Disannexation Of Tract 1 - 178.2 Acres Out Of A Part Of Divisions A, Dennis Gahagan League, Abstract No. 123 And Tract 2 - 25.76 Acres Of Land, Being Submerged Land Out Of And A Part Of Divisions A, Dennis Gahagan League (2) To Consider Whether Or Not To Allow Square Mile Energy, L.L.C., To Drill An Oil Or Gas Well That Will Be Situated On The 5-Acre Tract Of Land Owned By Square Mile Energy, L.L.C., Which Is Out Of Tract 3 Being The North 5 Acres Out Of The West 681.12 Feet Of Lot Number Eleven, Block No. 1 Port Acres Subdivision 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. 14201 - A Resolution Authorizing The City To Advertise For Bids For Mowing And Landscape Maintenance Along State Highway 73 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 A Request From The Jefferson County Tax Assessor-Collector For The Waiver Of Penalties And Interest In The Amount Of $87.04 On One Account For Eastern Star Baptist Church ($15 15~ Street) Consideration And Approval Of Awarding A Bid To Southern Tire Mart Of Beaumont, TX In The Estimated Amount Of $280,765.42 For Supplying Tires And Tubes For The City's Rolling Equipment Consideration And Approval Of Awarding A Bid To Phi/po# Ford Of Nederland, TX (Through HGAC) In The Amount Of $378,572.84 For Sixteen Police Vehicles AGENDA JUNE 19, 2007 VI. CONSENTAGENDA- CONTINUED Consideration And Approval Of Payment To Gi//espie's Engine Service Of Port Arthur, TX In The Amount Of $15,849.43 For Repairs To A 2003 Volvo Residential Collection Truck (Equipment #1483) For The Public Works Department (Solid Waste Division) Consideration And Approval Of Awarding A Bid To Ca/abrian Corporation Of Port Neches, TX In The Total Estimated Amount Of $44,490 For Liquid Sodium Bisulfite For The Utility Operations Department (Wastewater Treatment Division) Consideration And Approval Of Repairs To The 62® Street & Jade Avenue Elevated Storage Tank By Water Tank Maintenance Services Of Pasadena, TX In The Amount Of $7,400 For The Utility Operations Department (Water Distribution Division) Consideration And Approval Of The Purchase Of Two FlashCam-880 Vandalism Deterrent Systems From Q-Star Technology, LLC Of Chatsworth, CA In The Amount Of $7,235 For The Police Department Resolutions - Consent (1) P. R. No. 14207 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of The Property Damage Subrogation Claim In The Amount Of $25,715.00 Made Against Southeastern Freight Lines (2) P. R. No. 14208 - A Resolution Approving An Agreement With The Center Of Academic Preparation To Higher Education, Inc. (CAPHE), For A College Entrance Examination And College Preparation Summer Program For The Benefit Of Port Arthur Youth (3) P.R. No. 14209 - A Resolution Adopting A Uniform Tax Abatement Policy (4) P. R. No. 14211 -A Resolution Authorizing Filing An Application With The Federal Transit Administration For Funding For Port Arthur Transit AGENDA JUNE 19, 2007 VI. CONSENTAGENDA - CONTINUED (5) P. R. No. 14216- A Resolution Authorizing The City Manager To Execute Change Order Two (02) To The Contract Between Pick Two Contractors, Inc., Port Arthur, Texas And The City Of Port Arthur For The Northwest Landfill Levee In The Amount Of $11,561 Increasing The Contract Total To $130,311 (6) P. R. No. 14218 - A Resolution Approving An Amendment To The FY 2007 Contract Between The City Of Port Arthur And The Department Of State Health Services, Immunization Branch, Attachment 002B, As Shown By Contract Change Notice No. 002B (7) P. R. No. 14219 - A Resolution Approving A Memorandum Of Understanding Between The City Of Port Arthur And The Medical Center Of Southeast Texas To Serve As A Treatment Center Dispensing Site For The Strategic National Stockpile (SNS) (8) P. R. No. 14220 - A Resolution Approving A Memorandum Of Understanding Between The City Of Port Arthur And Chdstus St Mary Hospital Of Port Arthur, TX To Serve As A Treatment Center Dispensing Site For The Strategic National Stockpile (SNS) (9) P. R. No. 14221 - A Resolution Approving A Memorandum Of Understanding Between The City Of Port Arthur And The Beaumont Chapter Of The American Red Cross (10) P. R. No. 14222 - A Resolution Approving A Memorandum Of Understanding Between The City Of Port Arthur And Spindletop MHMR Services (11) P. R. No. 14223 - A Resolution Authorizing The Transfer Of $35,000 In Community Development Block Grant (CDBG) Funding From Account Number 105-1431-552.59-00 Project Number C32113 (City Of Port Arthur Health Department) To Account Number 105-1431-552.11-00 Project Number C32122 (Grants Administration) For The Grants Accountant's Salary, And To Authorize Funding To Southeast Texas Interfaith Organization (SETIO) In The Amount Of $45,000 From City Accounts 001-1003-512.59-00 M06005 And 106-1425-571.59-00 RITAFM VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No. 14090 - A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On 19.47 Acres Of Pleasure Island AGENDA JUNE 19, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (2) P. R. No. 14189- A Resolution Approving A Nonexclusive Contract For Professional Services As It Pertains To The Community Prosecution Program And The Truth & Education Corporation (3) P. R. No. 14206 - A Resolution Appointing Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (4) P. R. No. 14213 - A Resolution Approving The Expenditure By The City Of Port Arthur Section 4A Economic Development Corporation Of $52,000 For Training Funds And Stipends For Basic Safety Plus Training, NCCER Construction Worker Training, Fire Guard Training, Scaffold Building Training And Other Similar Training As Required Or Suitable For The Industrial Business Expansion In Port Arthur '(5) P. R. No. 14214 -A Resolution Approving The Payment Of An Invoice To Excavators & Constructors, Ltd. In The Amount Of $96,384.10 And A Time Extension Of Four Days For The Jade Avenue Extension Construction Project At The City Of Port Arthur Section 4A Economic Development Corporation Spur 93 Business Park (6) P. R. No. 14224 - A Resolution Approving The Invoice From The Jefferson County Clerk's Election Division In The Amount Of $23,356.51 For The Costs Associated With The May 12, 2007 Joint Election B. Ordinances (1) P. O. No. 5756 - An Ordinance As It Pertains To The Payment Approval Process Of The City Of Port Arthur Section 4A Economic Development Corporation (2) P. O. No. 5757 -An Ordinance Authorizing The Sale Of The Land Located At 4444 Highland Drive, Port Arthur, Texas, (Lot 10, Block 40, 0.235 Acres, Griffin Park) Excluding The Lift Station And The 8 Feet By 93.77 Feet Parcel In The Amount Of $80 (3) P. O. No. 5761 - An Ordinance Amending The Code Of Ordinances By Adding A New Division 4 To Article II To Chapter 94, Approving An Adopt- A-Street Program (4) P. O. No. 5762 - An Ordinance Amending Section 34-33 Of The Code Of Ordinances As It Pertains To Litter AGENDA JUNE 19, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED C. *Reports And Recommendations (1) (2) (3) Report Regarding Bond Issue Planning Report Regarding Youth Empowerment Day Report Regarding Street Renaming Process *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 & COMMI3-rEES IX. None *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) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To The Civic Center And At City Hall Annex Section 551.087 Government Code - To Discuss Incentive Agreements For Incentives As To Commercial, Industrial, And Residential Business Prospects Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Encroachments On The City's Utility Lines And Easements Section 551.071 Government Code - To Discuss With The City Attorney Potential And Pending Litigation As It Pertains To Jefferson County And Affiliated Entities AGENDA JUNE 19, 2007 IX. XI. *CLOSED MEETING (EXECUTIVE SESSION) (5) Section 551.072 Government Code - To Discuss The Value Of Land At 4444 Highland Drive *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 ADJOURNMENT OF MEETING RULES OF DECORUM - PERSONS ADDRESSING COUNCTL & AUDIENCE MEMBERS 5. 6. 7. 8. Recognition by Presiding Officer. No person 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 person, 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 Person Addressing The CouncJ~ 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 impede, disrupt, or disturb the orderly conduct, the order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. Addresse~ After Motion Made 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. CampeJgn Speeches PrehJbJfed. 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. DJso~eriy Conduct. 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. Persons Having Complaints, A/legations, or Charges Against Individual City £mployees, 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. 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-at0arms 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 accordanca with the Texas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Pe~ons Reauestinn To Be Heard On Anenda Items (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. $~cific Aaenda 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 permitted to address the Council thereon for a period of three (3) minutes. "Specific Agenda Items" are defined as any item 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.