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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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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.