HomeMy WebLinkAboutAPRIL 2, 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 FITZGIBBONS
CITY MANAGER
JAN STRODER
ACTING CITY SECRETARY
MARK T. SOKOLOW
CITY AT['ORNEY
AGENDA
City Council
Regular Meeting
April 2, 2002
8:30 A.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
April 2, 2002
8:30AM
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
Acting City Secretary Stroder
City Attorney Sokolow
PROCLAMATIONS & MINUTES
Minutes- Regular Meeting Held March 19, 2002
PETITIONS & COMMUNICATIONS
Mayor & City Manager - Presentation Of 2001 Employee Service
Awards
B. Speakers
(1) Alfred Dominic Regarding Conclusion To Discrimination Analysis
(2)
Ernestine Wade And Albert Thigpen Regarding 5th Annual Health
And Wellness Conference
C. Correspondence
Certifications Of Acting City Secretary Regarding Candidates For
General Election Of May 4, 2002.
AGENDA CONSENT
APRIL 2, 2002
IV.
VI.
PUBLIC HEARINGS - 9:00AM
None
UNFINISHED BUSINESS
None
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Withdrawn For Individual Consideration In Its Normal Sequence After The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 Awarding A Bid For The Purchase
Of One %-Ton Pickup To Triangle Chevrolet, Through HGAC, In
The Amount Of $14,816.33 For Animal Control.
Consideration And Approval Of Awarding A Bid For The Purchase
Of One Microwave Video Camera System To NS Microwave In The
Amount Of $8,022 For The Police Department (Criminal
Investigation Division).
C. Approval Of Expense Accounts:
Councilmember Rose Mitchell Chaisson:
Use Of Personal Auto On City Business,
February - March, 2002
$200.00
AGENDA CONSENT
APRIL 2, 2002
VI.
CONSENT AGENDA (CONTINUED)
Resolutions - Consent
(1)
P. R. No. 11694 -A Resolution Authorizing The City Manager To
Execute A Food Service Contract With Moncla's Catering For Box
Lunches At A Cost Of $1.825 Per Box Lunch In The Approximate
Amount Of $166,713.75 For The Delivery Of Lunches To The
Summer Food Program. This Amount Is Reimbursable From The
Department Of Human Services Summer Food Service Agreement.
Account No. 001-1402-551.99-00.
(2)
P. R. No. 11695 - A Resolution Authorizing The City Manager To
Submit An Application To The Texas Department Of Human
Services (TDHS) Summer Food Service Program For The Purpose
Of Providing Meals To The Summer Recreation Program
Participants At The Programs Elementary Schools.
(3)
P. R. No. 11706 - A Resolution Authorizing The City Manager To
Make Application To The U. S. Department Of Housing And Urban
Development For A Community Development Block Grant In The
Amount Of $1,901,000 And A Grant For $562,000 In Home Funds
And Authorizing The City Manager To Execute The City Of Port
Arthur's 2002 Consolidated Annual Plan. The Consolidated Plan
Will Be Submitted To The U. S. Department Of Housing And Urban
Development.
(4)
P. R. No. 11707 - A Resolution Authorizing The Mayor And City
Manager To Execute Change Orders No. 1, 2, 3, 4, 5, 6 And Final
To The Contract Dated July 24, 2001 Between The City Of Port
Arthur And SeTEX Construction Corporation Of Beaumont, Texas
For The Construction Of The Boardwalk Phase II, Increasing The
Contract Amount By $6,893 From $280,000 To A New Contract
Total Of $286,893, Authorizing The City Manager To Execute A
Certificate Of Acceptance For The Work And Authorizing Final
Payment Of $14,344.65; Funding Being Available In FY 2002
Account No. 301-1601-591.89-00, CIP No. 101.
AGENDA CONSENT
APRIL 2, 2002
VI.
CONSENT AGENDA(CONTINUED)
(5)
P. R. No. 11708 - A Resolution Terminating The Contract For
Janitorial Services At City Hall And City Hall Annex Buildings
Between The City Of Port Arthur And CCAP, Inc. DBA San-Serve
Building Services, Authorizing Staff To Advertise For Bids For A
New Contract, And Authorizing San-Serve Building Services To
Continue Cleaning Operations Until A New Contract Is In Effect.
Finding Is Available In The FY 2002 Budget, Account No. 001-
1206-531.32-00.
(6)
P. R. No. 11711 - A Resolution Authorizing The City's Director Of
Finance To Execute An Update Form For The Public Utility
Commission, As It Pertains To The Amount Of Revenues The City
Will Receive And As It Pertains To Their Allocation Of Rates For
Residential, Non-Residential And Point To Point Customers.
(7)
P. R. No. 11712 - A Resolution Approving Sewer Adjustments To
Certain Utility Accounts.
(8)
P. R. No. 11714 -A Resolution Authorizing The Purchase Of Flood
Coverage Through Omaha Property And Casualty Insurance
Company In The Amount Of $40,131 Per Annum. Proposed
Funding By: General Liability Insurance Fund: 61-1702-581.52-00
(9)
P. R. No. 11715 - A Resolution Approving An Amendment
(Attachment 5) To The Contract Between The City Of Port Arthur
And Texas Department Of Health To Increase The Financial
Assistance By $61,314 For Additional Tobacco And Control
Activities.
(10)
P. R. No. 11718 - A Resolution Authorizing The City Manager To
Execute Agreements To Do Two Traffic Feasibility Studies, One
For The Proposed Stilwell Boulevard Closure At Lakeshore Drive
(Account No. 302-1603-591.86-00; CIP 806) And One For The
Proposed Highway 365 At Spur 93 Overpass (Account No. 301-
1601-591.54-00; CIP 101) In An Amount Not To Exceed $15,000
Each. (Requested By City Manager)
4
AGENDA NON-CONSENT
APRIL 2, 2002
VII. ITEMS REQUIRING INDIVIDUAL ACTION
A. Resolutions
(1)
P. R. No. 11705 - A Resolution Confirming The Appointment Of
Mary Martinez As A Member Of The City Of Port Arthur Firemen's
And Policemen's Civil Service Commission.
(2)
P. R. No. 11709- A Resolution Appointing/Reappointing Members
To The Beautification Commission.
(3)
P. R. No. 11710 - A Resolution Authorizing Th'e City Manager And
The City Attorney's Office To Do All Things Necessary To Execute
The Settlement Of The City's Intervention In Cause No. A-162,921;
Linda Bates Vs. Norris Louviere.
(4)
P. R. No. 11713 - A Resolution Authorizing The City Of Port Arthur
To Accept A Donation Of Two Thousand Dollars ($2,000) Donated
By Motiva Enterprises, LLC.
(5)
P. R. No. 11717 - A Resolution Appointing Members To The
Citizen's Pipeline Advisory Committee.
B. Ordinances
P. O. No. 5252 - An Ordinance Amending The Election Order For
The General Election Of May 4, 2002 And Declaring Unopposed
Candidates Elected For District 2 And For Position 7, And Deleting
The Sabine Pass Port Authority As A Participant In The Joint
Election.
C. *Reports And Recommendations
(1) Report From Texas Workforce Commission (Requested By
Councilmember Chaisson)
(2)
Report On Status Of Service Zone (Requested By Councilmember
Gillam)
*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.
AGENDA NON-CONSENT
APRIL 2, 2002
VIII. REPORTS OF BOARDS & COMMITTEES
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)
Section 551.071 Government Code - To Discuss With The City
Attorney Pending Litigation Pertaining To Bates Vs. Louviere.
(2)
Section 551.071 Government Code - To Discuss With The City
Attorney Potential Litigation Against Greg Cook, Julie Cook And
Pro Metal.
*The Items In Executive Session May Be Discussed And Acted On In
Open Session
6
AGENDA NON-CONSENT
APRIL 2, 2002
XI.
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 OFMEETING
NOTE
11:30AM - TOUR OF NEW HEALTH DEPARTMENT FACILITY
7
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 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 IMPIEDLY, 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 FURTHERtAUBIENCE 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 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 ~N 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, 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 F~RST
SHOW THAT HE HAS PURSUED APPROPRIATE ADMINISTRATIVE CHANNEL.
RULES OF PROCEDURE
THE CITY SECRETARY SHALL MAKE PUBLIC, ~N ACCORDANCE WITH 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 ADDRESS THE COUNCIL SHALL NOTIFY THE CITY SECRETARY AND SPECIFY HIS iNTEREST
~N THE MATTER BEING CONSIE)ERED. 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 ~N THE AUDIENCE WISHING TO ADDRESS THE COUNCIL on SUCH ~TEM, WHO SHALL BE
PERMITTEB 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.