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Home My WebLink AboutJANUARY 22, 2002OSCAR G. ORTIZ, MAYOR FELIX A. BARKER, MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH THOMAS J. HENDERSON TOM GILLAM, III REV. RONNIE LINDEN BOB BOWERS ROSE MITCHELL CHAISSON ROBERT E. ALLEN CiG of Texas STEPHEN FITZGIBBONS CITY MANAGER CAROLYN DIXON CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY AGENDA City Council Regular Meeting January 22, 2002 5:30 P.M. ,l~. BOX 1089 · PORT ARTHU R, TEXAS 77641-1089 · 409/983-8115" FAX 409/983-8291 CITY COUNCIL MEETING City Hall Council Chamber City Of Port Arthur January 22, 2002 5:30PM II. III. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Barker Councilmember Hannah Councilmember Henderson Councilmember Gillam III Councilmember Linden Councilmember Bowers Councilmember Chaisson Councilmember Allen City Manager Fitzgibbons City Secretary Dixon City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes- Regular Meeting Held January 8, 2002 PETITIONS & COMMUNICATIONS A. Speakers (2) Gerald Como Regarding Certain Taxi Contracts Within The City James Fedrick Regarding Property Damages At 238 Gulfway Drive B. Correspondence Receipt Of Comprehensive Annual Financial Report, City Of Port Arthur, For The Year Ending September 30, 2001 AGENDA CONSENT JANUARY 22, 2002 IV. VI. PUBLIC HEARINGS - 7:00PM None UNFINISHED BUSINESS The Following Items Of Business Were Held From Previous Meetings At Which No Action Was Taken On These Items: P. R. No. 11618 -A Resolution Authorizing The City Manager And City Attorney To Do All Things Necessary To Execute The Settlement Of The City's Subrogation Claim In Cause No. E-159,760 Made Against The Hell Company And Freightliner Corporation, Et Al. 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. Consideration And Approval Of Payment For Emergency Repairs To A 1996 Ford F-350 1-Ton Service Truck (Equipment #1207) To Energy Country Ford Of Port Arthur, Texas In The Amount Of $7,300 For The Equipment Services Department. Consideration And 'Approval Of Awarding A Bid For Repairs To A 2000 Ford Crown Victoria (Police Patrol Car #1381) To Energy Country Ford Of Port Arthur, Texas In The Amount Of $5,415.54 For The Police Department. Consideration And Approval Of Awarding A Bid For The Purchase Of One Rotary 60,000 Pound Heavy-Duty Vehicle Wheel Lift To Southeast Texas Automotive Equipment Of Beaumont, Texas In The Amount Of $32,910 For The Transit Department. 2 AGENDA CONSENT JANUARY 22, 2002 VI. CONSENT AGENDA(CONTINUED) Consideration And Approval Of Awarding A Bid For The Purchase Of Eleven Computers, Twelve Monitors And Twenty-Three Operating Systems For A Computer Up-Grade To Equus Computer Systems Of Richardson, Texas In The Amount Of $10,816 For The Fire Department. Consideration And Approval Of Awarding A Bid For The Purchase Of One Pierce 1500 GPM Pumper (To Be Located At Station #6 On Memorial Boulevard) To The Houston Galveston Area Council In The Amount Of $283,991 For The Fire Department. Consideration And Approval To Reject All Bids Received For The Purchase Of Eight Light Industrial Treadmills For The Fire Department's Cardiovascular Improvement Program. Consideration And Approval Of Payment To The Texas Natural Resource Conservation Commission (TNRCC) Water System Fee In The Amount Of $8,565.62. H. Approval Of Expense Accounts: Councilmember Craig Hannah: Use Of Personal Auto On City Business, November- December, 2001 $ 200.00 City Secretary Carolyn Dixon: Attend Secretary Of State Election Law Seminar, November 28- 30, 2001 $ 567.44 Assistant City Secretary Jan Stroder: Attend Secretary Of State Election Law Seminar, November 28- 30, 2001 $ 584.24 City Attorney Mark T. Sokolow: Use Of Personal Auto On City Business, December 28, 2001 - January 14, 2002 $ 34.44 AGENDA CONSENT JANUARY 22, 2002 VI. CONSENT AGENDA (CONTINUED) Resolutions - Consent (1) P. R. No. 11606 - A Resolution Authorizing The City Manager To Apply For Funds Under The State Of Texas, Office Of The Governor, Criminal Justice Division, Juvenile Accountability Incentive Block Grant Program In The Amount Of $30,276 To Continue Developing And Utilizing A Juvenile Accountability Tracking Database System. (2) P. R. No. 11627 - A Resolution Authorizing Th~ Executive Director Of The Port Arthur Economic Development Corporation To Execute An Agreement Between The EDC And Southeast Texas Wheel Works, Inc., That Will Provide Port Arthur Citizens With An Upgraded Propeller Repair/Fabrication Facility, With A Grant Therefor In The Amount Of $150,000. (3) P. R. No. 11628 - A Resolution Authorizing The Executive Director Of The Port Arthur Economic Development Corporation To Execute An Agreement Between The Port Arthur Section 4A Economic Development Corporation And Tres Caballeros, Ltd., That Will Build A Food Products Manufacturing Facility At Port Arthur, Texas In The Amount Of $300,000 And A Loan For $200,000. (4) P. R. No. 11629 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (5) P. R. No. 11630 - A Resolution Approving Change Order No. One To The Contract Between The City Of Port Arthur And D&W Contractors, Inc., Related To The Repair And Painting Of The Procter Street Extension Elevated Water Tank In The City Of Port Arthur, Texas. (Decreases The Contract Amount By $10,900). Account No. 419-1622-531.85-00; Project No. 419102. (6) R. R. No. 11632 - A Resolution Authorizing The Transfer Of $3,937.00 In Community Development Block Grants (CDBG) Funding From Account Number 105-1431-552.59-00 Project #C27140 Unprogrammed Account To Account Number 105-1431- 552.59-00 Project #C27133, Care Community Homes, Inc., For The Installation Of A Sprinkler System. 4 AGENDA CONSENT JANUARY 22, 2002 VI. CONSENT AGENDA(CONTINUED) (7) P. R. No. 11633 - A Resolution Which Would Authorize The Payment Of $9,000 For Additional Services As It Relates To The Architectural Services Contract For The Coastal Banc/Health Department Renovation Between The City Of Port Arthur And The LaBiche Architectural Group, Inc., For Work Associated With The Replacement Of The Two Rooftop Chiller Units At The Health Department (Coastal Banc). Funds Are Available In Account No. 301-1601-591.82-00, CIP 170. (8) P. R. No. 11636- A Resolution Approving The Submittal Of A Grant Application To The South East Texas Regional Planning Commission For A Compost Bin Project In The Amount Of $15,000; Funding Would Be From Grant Funds From The Texas Natural Resources Conservation Commission Administered By The South East Texas Regional Planning Commission. AGENDA NON-CONSENT JANUARY 22, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION A. Resolutions (1) P. R. No. 11614 - A Resolution Authorizing The Mayor To Execute A Contract With Carolyn Dixon As A Consultant On Election Matters And On Other Areas Pertaining To The Office Of The City Secretary. (2) P. R. No. 11615 - A Resolution Pertaining To The Appointment Of An Acting City Secretary. (Requested By The Mayor) (3) P. R. No. 11638 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With SABINA Petrochemicals, Inc., BASF Corporation, Inc., And ATOFINA Petrochemicals, Inc. (4) P. R. No. 11639 A Resolution Requesting Congressman Lampson's Assistance As It Pertains To National Oceanic Atmospheric Administration And Their Sale And Development Of Property In Port Arthur. (Requested By Mayor) (5) P. R. No. 11642 - A Resolution Pertaining To The Appointment Of A New City Secretary. (Requested By Councilmembers Hannah, Chaisson And Gillam). B. Ordinances P. O. No. 5238 - An Ordinance Abandoning, Vacating And Relinquishing A Portion Of The Lakeshore Drive Right-Of-Way North Of The "Eyebrow" In The 1500-1700 Block To Lamar State College And Providing The Effective Date Of This Ordinance. 6 AGENDA NON-CONSENT JANUARY 22, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION (CONTINUED) VIii. IX. C. *Reports And Recommendations (1) (2) (3) (4) (5) Repot[ On Completion Of Street Repairs On Thomas Boulevard (Requested By Councilmember Chaisson) Report On BOSS 2002 Conference (Requested By Councilmember Gillam) November, 2001 Financial Report Report On Ambulances And Alternatives To The Permit Fee (Requested By Councilmembers Bowers, Allen.And Henderson) Report On CDBG Application Review 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. REPORTS OF BOARDS & COMMITTEES - 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 7 AGENDA NON-CONSENT JANUARY 22, 2002 IX. *CLOSED MEETING (EXECUTIVE SESSION - CONTINUED) Closed Meeting: (1) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation With Motorola (2) Section 551.071 Government Code - To Discuss With The Cit~ Attorney Prospective Litigation With Southern Union Gas (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Gerald Hatch (4) Section 551.087 Government Code To Discuss Economic Incentives As It Pertains To The Butadier~e Project To Be Constructed By SABINA, BASF And ATOFINA (5) Section 551.074 Government Code - To Discuss The Appointment Of An Acting City Secretary And Her Duties. (Requested By Mayor Ortiz) (6) Section 551.074 Government Code - To Discuss The Appointment Of A City Secretary (Requested By Councilmembers Hannah, Chaisson And Gillam) *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. Xl. 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 January 23, 2002. 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. 8 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. 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 F~VE (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 MEMBERS OF THE COUNCIL, WITHOUT THE PERMISSION OF THE PRESIDING OFFICER. IMPROPER REFERENCES, DISORDERLY CONDUCT BY PERSON ADDRESSING THE COUNCIl; ANY PERSON MAKING, EXPRESSLY OR IMPIEDLY, PERSONAL, IMPERTINENT, SLANDEROUS, E)EROGATORY, DISCOURTEOUS, SNIDE, OR PROFANE REMARKS OR WHO WILLFULLY UTTERS LOUD, threatening OR ABUSIVE LANGUAGE, OR ENGAGES, IN ANY DISORBERLY CONDUCT WHICH WOULD IMPEDE, DISRUPT, OR DISTURB THE ORDERLY CONDUCT THE ORDER BY THE PRESIDING OFFICER, AND If SUCH CONDUCT CONTINUES, mAY, AT THE DISCR. ETION OF the PRESIDING OFFICER, BE ORDERED BARRED FRom FURTHER ,AUDIENCE BEFORE THE COUNCIL DURING THAT MEETING. ADDRESSES AFTER MOTION MADE OR PUGLIC 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 SPEECHES 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 CONDUCT. NO PERSON IN THE AUDIENCE SHALL ENGAGE IN DISORDERLY CONDUCT SUCH AS HAND CLAPPING, STAMPING OF FEET, WHISTLING, USING PROFANE LANGUAGE, YELLING, AND S~MILAR 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, 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 MEETING UNLESS HE FIRST SHOW THAT HE HAS PURSUED APPROPRIATE ADMINISTRATIVE CHANNEL. RULES Of PROCEDURE THE CITY SECRETARY SHALL MAKE PUBLIC~ IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS LAW, AND AGENBa CONTAINING ALL BUSINESS TO BE DISCUSSED AT A MEETING Of THE CITY COUNCIL. PERSONS REQUESTING TO BE HEARD ON AGENDA 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. SPECIFIC AGENDA 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 PERSON IN THE AUDIENCE W~SH~NG 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 ~TEM 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.