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HomeMy WebLinkAboutFEBRUARY 19, 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 City of Texas STEPHEN HTZGIBBONS CiTY MANAGER JAN STRODER MARK T. SOKOLOW CITY A1TORNEY AGENDA City Council Regular Meeting February 19, 2002 5:30 P.M. 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 February 19, 2002 5:30PM II. III. IV. 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 Acting City Secretary Stroder City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes - Regular Meeting Held February 5, 2002 PETITIONS & COMMUNICATIONS A. Presentation Black History Month Tribute To Port Arthur Police Department African-American Law Enforcement Officers--Then And Now (Requested By Councilmember Linden) B. Speakers Alfred Dominic Regarding Discrimination Concerns C. Correspondence None PUBLIC HEARINGS - 7:00PM None AGENDA CONSENT FEBRUARY 19, 2002 UNFINISHED BUSINESS The Following Items Of Business Were Held From Previous Meetings At Which No Action Was Taken On These Items: Resolution P. R. No. 11637 - A Resolution Authorizing The Mayor Of The City Of Port Arthur To Execute A License-To-Use Agreement Between The City Of Port Arthur And Our Lady Of Guadalupe Catholic Church Pertaining To A Portion Of The Dedicated Right-Of-Way Of Staff Sgt. Lucian Adams Drive Adjacent To The Church At 3648 Adams Drive. Ordinance P. O. No. 5199 - An Ordinance Adding A New Sub-Section 114-33 (c) To The Code Of Ordinances As It Pertains To Emergency Medical Vehicles And An Alternate To The $50,000 Per Year Annual Fee That Is Charged To A Company. 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. Consideration And Approval Of Rejecting All Bids Received For The Purchase Of A Tractor With Cutter And Sprayer #2 And Tractor With Cutter For The Parks And Recreation Department. Consideration And Approval Of Awarding A Bid For The Purchase Of One Tractor (With Cutter And Sprayer) In The Amount Of $17,010 And Two Tractors With Cutters In The Total Amount Of $31,230 ($15,615 Each) To Brookside Equipment Sales, Inc. Of Houston, Texas For The Parks And Recreation Department. AGENDA CONSENT FEBRUARY 19, 2002 VI. CONSENT AGENDA(CONTINUED) Consideration And Approval Of Awarding A Bid For The Purchase Of Two ½-Ton Extended C~b Pickup Trucks To Philpott Motor Company Of Nederland, Texas In The Total Amount Of $43,734; $21,717 For One Truck With An Extended Warranty And $22,017 For One Truck With An Extended Warranty And Trailer Towing Package For The Public Works Department. D. Approval Of Expense Accounts: Mayor Oscar Ortiz: Use Of Personal Auto On City Business, January, 2002 $ 124.82 Mayor Pro Tem Felix Barker: Use Of Personal Auto On City Business, January, 2002 $ 100.00 Councilmember Robert E. Allen: Use Of Personal Auto On City Business, December, 2001 & January, 2002 $ 107.66 Councilmember Tom Gillam, III. Use Of Personal Auto On City Business, November, 2001 - January, 2002 $ 167.88 City Attorney Mark Sokolow Use Of Personal Auto On City Business, January 23-24,200.2 $ 10.22 Municipal Court Judge Kermit Morrison: Attend TMCEC Seminar For Municipal Judges, Houston, Texas, February 3, 2002 $ 143.50 AGENDA CONSENT FEBRUARY 19, 2002 VI. CONSENT AGENDA(CONTINUED) Resolutions - Consent (1) P. R. No. 11640 - A Resolution Approving The Form And Content Of The Preliminary Official Statement For The Sale Of $17,000,000 City Of Port Arthur Texas, Certificates Of Obligation, Series 2002B And Authorizing First Southwest Company To Proceed With The Printing And Distribution Of Same In Preparation For Competitive Sale March 5, 2002. (2) P. R. No. 11648 - A Resolution Making Available Library Card Catalog Cabinets To Region V Education Center. (3) P. R. No. 11659 - A Resolution Awarding An Agreement For The Collection Of Fines For Municipal Court. (4) P. R. No. 11661 - A Resolution Authorizing The City Manager To Execute An Agreement With National Reimbursement Services, Inc., To Provide A Billing Service For Fire Department Emergency Response Costs. (5) P. R. No. 11664 -A Resolution Authorizing The Mayor To Execute An Agreement With The Port Arthur Economic Development Corporation Regarding The Financing Of The Business Park. (6) P. R. No. 11667 - A Resolution Approving Permit #160 For Drilling Of An Oil And Gas Well By Samedan Oil Corporation. (7) P. R. No. 11668 - A Resolution Authorizing The Mayor To Execute A Traffic Signal Agreement Between The City Of Port Arthur And BASF FINA Petrochemicals, Limited Partnership, For The Installation, Operation, Maintenance And Removal Of A Traffic Signal On F.M. Highway 366 AT BASF FINA's New NROC Facility, And At No Cost To The City. (8) P. R. No. 11669 - A Resolution Approving The Form And Content Of The Preliminary Official Statement For The Sale Of $5,000,000 City Of Port Arthur, Texas, Certificates Of Obligation, Series 2002C And Authorizing First Southwest Company To Proceed With The Printing And Distribution Of Same In Preparation For Competitive Sale March 5, 2002. AGENDA CONSENT FEBRUARY 19, 2002 VI. CONSENT AGENDA (CONTINUED) (9) P. R. No. 11670 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute Releases Of Liens (Paving, Labor & Demolition) On Certain Lots Owned By GABT Management, L.C., In Montrose Addition In The City Of Port Arthur And To Accept, In Return For The Releases Of Liens, Deeds To Lots 8 & 9, Block 8, Montrose Addition To The City Of Port Arthur. (10) P. R. No. 11671 - A Resolution Authorizing The Rejection Of All Bids For The Construction Of The Downtown.Pavilion Stage Due To All Bids Exceeding The Budget In CIP 003, And That Arceneaux & Gates Consulting Engineers, Inc. Be Instructed To So Inform All Bidders. (11) P. R. No. 11672 - A Resolution Approving The Acceptance And Execution Of One Subcontractor To Perform Tobacco Prevention And Control Activities For A Total Amount Of $5,000. (12) P.R. No. 11673 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (13) P. R. No. 11675 - A Resolution Authorizing The City To Sponsor The May 18, 2002 Joe Washington Jr. Football Camp As A Part Of The City's Recreational Park Program, At A Cost Not To Exceed $5,000, Account No. 001-1003-512.59-00; M97903. (Requested By Councilmember Linden) AGENDA NON-CONSENT FEBRUARY 19, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION A. Resolution (1) P. R. No. 11220 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Property Located At Lot 10 Block 2 Schmyser 3 In The City Of Port Arthur And To Execute The Closing Documents. (2) P. R. No. 11665 - A Resolution Appointing A Negotiating Team Pursuant To Chapter 174 Of The Texas LocaJ Government Code Annotated To Conduct Collective Bargaining With The Bargaining Agent Of I.A.F.F. Local 397 Of The City Of Port Arthur Fire Department. (3) P. R. No. 11666 - A Resolution Establishing Effective Dates Appointing An Acting Assistant City Secretary And Confirming Appointment Of The City Secretary For The City Of Port Arthur. (4) P. R. No. 11676 - A Resolution Pertaining To The Cornerstone Recommendations As To The Organization Structure Of The Port Arthur Economic Development Corporation. (Requested By Mayor Ortiz) (5) P. R. No. 11677 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Property Located At Lots 13 And 14 Of Block 1, Schmyser 3, As Well As Lots 1 Through 10 And Portions Of Lots 11 And 12 Of R-22. (6) P. R. No. 11678 - ,~ Resolution Appointing/Reappointing A Member To The Port Arthur Civic And Activity Commission And Prescribing Their Terms Of Office. (7) P. R. No. 11679 A Resolution Ratifying And Confirming Appointments To The Board Of Directors Of The Port Arthur Housing Finance Corporation. AGENDA NON-CONSENT FEBRUARY 19, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION (CONTINUED) B. Ordinances P. O. No. 5243 - An Ordinance Amending A Construction And Maintenance Agreement With The Texas Department Of Transportation For The Widening Of Ninth Avenue From State Highway 73 To Lake Arthur Drive Which Would Authorize An Increase Of $43,380.78 For Additional Drainage Work For A Total City Share Of $981,414.97. Funds Are Available In Account No. 301-1601-591.86-00, CIP 801 Or Other Accounts In Which Balances Remain. C. *Reports And Recommendations (1) Report On 2002 CDBG Requests (2) Report On The City's Clean-Up Project *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 7 AGENDA NON-CONSENT FEBRUARY 19, 2002 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 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Ambulances (Requested By Councilmember Linden) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Hatch Section 551.071 Government Code - To Discuss Potential Litigation As It Pertains To Jay Rice Section 551.072 Government Code - To Discuss The Value Of Land Of The City's Right Of Way Adjacent To Lucian Drive Section 551.072 Government Code - To Discuss The Value Of Land On The West Side Section 551.074 Government Code - To Discuss The Appointment Of The City Secretary *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA NON-CONSENT FEBRUARY 19, 2002 Xl. 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 NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:.30AM On February 20, 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. 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 L~M~T 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 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 ~MPIEDLY, 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. ADDRESSES 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. CAMPAIGN SPEECHES PROHIBITED. NO PERSONS W~LL 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, YELL~NG, 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 W~TH OR DISTURBANCE Of COUNCIL PROCEEDINGS AND/OR DISCOMFORT TO THE PUBLIC. PERSONS HAVING COMPLAINTS, ALLEGATIONS, OR CHARGES AGAINST INDIVIBUAL 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 W~TH the TEXAS OPEN MEETINGS LAW, AND AGENDA 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 ABDRESS THE COUNCIL SHALL NOTIFY THE CITY SECRETARY AND SPECIFY HIS INTEREST IN THE MATTER BEING CONSIEIERED. 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~SHING 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.