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HomeMy WebLinkAboutOctober 9, 2007 (2)DELORIS "BOBBIE" PRINCE, MAYOR MICHAEL "SHANE" SINEGAL, MAYOR PRO-TEM COUNCIL MEMBERS: JACK CHATMAN, JR. CAL JONES THOMAS J.HENDERSON MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON AGENDA City Council Regular ~Vieeting October 9, 2007 8:30 a.m. STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY 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. P.O. 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 October 9, 2007 8:30AM I. INVOCATION, PLEDGE 8 ROLL CALL Mayor Prince Mayor Pro Tem Sinegal Councilmember Chatman Councilmember Jones Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson _ City Manager Fitzgibbons City Secretary Green City Attorney Sokolow II. PROCLAMATIONS & MINUTES Proclamations -None Minutes September 25, 2007 -Regular Meeting III. PETITIONS & COMMUNICATIONS A. Presentations (1) Warren Field Of The National Association Of Port Arthurans Regarding Congratulatory Letter To Mayor And Their Hopes For The City Of Port Arthur (2) Loye Kemp Regarding SETIO Update (3) Port Arthur Convention & Visiltors Bureau 2006 Audited Financial Statement & 2007-2008 Budget B. Speakers (1) Mary Williams Regarding Property Maintenance (2) Aaron Dupuis Regarding Safety Issue At The Seawall On Lakeshore Boulevard C. Correspondence Certificate of Appointment AGENDA OCTOBER 9, 2007 IV. PUBLIC HEARINGS - 9:00 AM None V. UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: (1) P. R. No. 14283 - A Resolution Authorizing A Contract With Germer Gertz For Legal Services As The Primairy Attorney For The City Of Port Arthur Section 4A Economic Development Corporation (2) P. R. No. 14367 - A Resolution Authorizing The Purchasing Division To Advertise For The Sale Of Lots 1-;~, Block 462 Owned By The City Of Port Arthur (Requested By City ManagE~r) (3) P. O. No. 5793 - An Ordinance Amending Article IV Of Chapter 22 Of The Code Of Ordinances As It Pertain:; To Junk And Junk Dealers, As Well As Scrap Metal, Providing For A Penalty, Providing For An Effective Date, And Providing For Publication 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 E3y 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. A. Consideration And Approval Of l~he Purchase Of A New Traffic Signal Controller & Cabinet To Naztec, /r,~c., Of Sugar/and, TX In The Amount Of $9,750 For Traffic Signal At Central Mall Drive And Hwy. 365 B. Consideration And Approval Of Payment For The City's Pro-Rata Share Of The 2008 Jefferson County Appraisal District Funding Allocation In The Total Amount Of $143,899.69 (Four Equal Payments Of $35,974.03) C. Consideration And Approval Of Payment For Radio Equipment (Damaged By Hurricane Humberto) To Kay Electronics Of Beaumont, TX In The Amount Of $6,076 For The Fire Department AGENDA OCTOBER 9, 2007 VI. CONSENT AGENDA -CONTINUED D. Consideration And Approval Oaf A Quote For Specialized Scuba Equipment From Mar-1/el International, Inc., Of Pennsauken, NJ In The Amount Of $24,938.25 For The Fire Department E. Consideration And Approval Of A Quote For Ten Level A Fully- Encapsulated Haz-Mat Suits From Doo/ey Tackaberry Of Deer Park, TX In The Amount Of $8,835 For The Fire Department F. Consideration And Approval Of A Quote For The Purchase Of A Copier In The Amount Of $6,195 & A Three-Year Maintenance Contract In The Amount Of $4,320 From Better Business Machines Of Beaumont, TX For The City Manager's Office G. Consideration And Approval Of Av~rarding A Bid For Operable & Accordion Walls To Rob Pe/%tier Construction, /nc., Of Houston, TX In The Amount Of $57,500 For The Robert A. "Bob" Bowers Civic Center H. Consideration And Approval Oi' The Purchase Of Fourteen Police Vehicles From Phi/pott Ford Motors Of Neder/and, TX (Through HGAC) In The Amount Of $356,838.82 For The Police Department Consideration And Approval Of Payment For A Maintenance Contract For The Computer Aided Dispatch (C:AD) System To Computer Information Systems, /nc., Of Skokie, /L In The Amount Of $6,600 For The Police Department Expense Report Mayor Deioris "Bobbie" Prince: Meeting With United States Dignitaries In Washington, D.C., October 2-3, 2007 $ 1,092.12 Steve Fitzgibbons, City Manager Meeting With United States Dignitaries In Washington, D.C. October 2-3, 2007 $ 1,039.12 AGENDA OCTOBER 9, 2007 VI. CONSENT AGENDA -CONTINUED Resolutions -Consent (1} P. R. No. 14386 - A Resolution Approving A Three (3) Year Contract For Janitorial Services For The City Hall/Annex Building With SanServe Building Services Of Beaumont, Texas For A Total Amount Of $138,760.80 Charge To Account #001-1206-531.32-00 (2) P. R. No. 14393 - A Resolution Authorizing The City Manager To Execute Change Order 2 To The Construction Contract For The Port Arthur Hike And Bike Trail Project And Authorizing The Texas Department Of Transportation To Transfer Funding From The Boardwalk Extension Project (CSJ: 0920-38-161) To The Port Arthur Hike And Bike Trail Project (CSJ: 0920-38-096 And CSJ: 0920-38-170) (3) P. R. No. 14394 - A Resolution Authorizing The City Manager To Do A11 Things Necessary To Execute ThE~ Settlement Of A Claim In The Amount Of $7,199.38 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1552 (4) P. R. No. 14395 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (5) P. R. No. 14396 - A Resolution f\warding A One-Year Extension Of An Existing Contract To Joey's Tractor Service For Grass Cutting Services Of Privately-Owned And City-Ownedl Vacant Lots In An Area Of The City Designated As Area B, To Be Charged To Account No. 001-1401-551.59- 00 (6) P. R. No. 14399 - A Resolution Awarding A Bid To United Roofing & Sheet Metai, Inc. Of Bryan, Texas For Repair Of The City Hall Roof For An Amount Not To Exceed $48,900. Account 001-1206-531.32-00 (7) P. R. No. 14401 - A Resolution To Approve The FY 2007-08 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Card Participation (8) P. R. No. 14403 - A Resolution Authorizing The Continued Taxation Of Goods In Transit Which Would Otherwise Be Exempt Pursuant To §11.253 Texas Property Tax Code AGENDA OCTOBER 9, 2007 VI. CONSENT AGENDA -CONTINUED (9) P. R. No. 14405 -Resolution Authorizing Publication Of Notice Of Intention To Issue Certificates Of Obligation (10) P. R. No. 14406 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $112,045.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Eleven (11) Dangerous Commercial Buildings Located Throughout The City, To Be Charged To Account No. 132-102'1-514.59-00, Project No. SSBG03 (11) P. R. No. 14407 - A Resolution Awarding A Contract To Inland Environments, Ltd. In The Amount Of $51,320.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Three (3) Dangerous Commercial Buildings Located Throughout The City, To Be Charged To Account No. 132-1021-514.59-00, Project No. SSBG03 (12) P. R. No. 14408 - A Resolution Awarding A Contract To AAR, Inc. In The Amount Of $13,800.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of One (1) Dangerous Commercial Building Located At 6105 West Port Arthur Road, To Be Charged To Account No. 132-1021-514.59-00, Project No. SSBG03 (13) P. R. No. 14409 - A Resolution Av~rarding A Contract To Prime Demolition & Disposal In The Amount Of $11,580.00, And Authorizing The Execution Of A Contract For The Demolition Of Two (2) Dangerous Commercial Buildings Located At 843-849 Houston Avenue And 801 Fort Worth Avenue, To Be Charged To Account No. 132-1021-514.59-00, Project No. SSBG03 (14) P. R. No. 14410 - A Resolution Authorizing The City Manager To Execute A Placement Agent Agreement 1/~/ith First Southwest Company For The Purpose Of Issuing Series 2007 Certificates Of Obligation In The Amount Of $10 Million AGENDA OCTOBER 9, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14389 - A Resolution Of The City Of Port Arthur, Texas Authorizing The Suspension Of The Effective Date For An Additional Ninety (90) Days Beyond The June 30, 2008, Effective Date Proposed By Entergy Gulf States, Inc., In Connection With Its Rate Increase Application Entitled "Application Of Entergy Gulf States, Inc. For Authority To Change Rates And To Reconcile Fuel Costs", Filed On September 26, 2007; Authorizing The Hiring Of Lawyers And Rate Experts; Authorizing The City's Participation To The Full Extent Permitted By Law At The Public Utility Commission Of Texas, Requiring Reimbursement Of Municipal Rate Case Expenses; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, and Declaring An Effective Date (2) P. R. No. 14390 - A Resolution As It Pertains To The Development Of Approximately 223.26 Acres Which Is Bounded By Knauth Road To The South And Extends Between Wesi: Port Arthur Road And Hebert Road To The West, Adjacent To The Federal Prison (3) P. R. No. 14391 - A Resolution As It Pertains To A Second Amendment To The Economic Incentive Contract And Loan Agreement Between The City Of Port Arthur Section 4A Ec;onomic Development Corporation And Reliable Polymer Services, L.P. And As It Pertains To A Subordination Agreement (4) P. R. No. 14392 - A Resolution Apiaroving An Industrial District Agreement With Building Materials Manufactuiring Corporation (5) P. R. No. 14397 - A Resolution Authorizing The Use Of A Recreational Vehicle As Temporary Housing Due To A Fire (6) P. R. No. 14398 - A Resolution Pertaining To The Pay Of Judge Kermit Morrison (7) P. R. No. 14400 - A Resolution As It Pertains To Non Exempt Non Civil Service Workers Who Worked During Hurricane Humberto (8) P. R. No. 14402 - A Resolution As It Pertains To A Commercial Real Estate Purchase Contract With Basco Construction For The Purchase Of The Building At 4173 39th Street By The City Of Port Arthur Section 4A Economic Development Corporation 6 AGENDA OCTOBER 9, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (9) P. R. No. 14411 - A Resolution As It Pertains To Submitting A Name Or Names For Nomination To The Board Of Directors Of The Jefferson County Appraisal District (10) P. R. No. 14413 - A Resolution As It Pertains To Termination Of The Incentive Agreement With Legacy Senior Housing Of Port Arthur, Texas B. Ordinances (1) P. O. No. 5801 - An Ordinance Amending Chapter 18 Section 18-33 (a) Permit Schedule Subsection B106 Exceptions To Permit Fees, Of The Building Code Of Ordinances Of 'The City Of Port Arthur; Said Changes Repeal All Or Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Hereof (2) P. O. No. 5802 - An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of A Claim In The Amount Of $7,708.34 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1527 (3} P. O. No. 5803 - An Ordinance Authorizing An On-Line Auction And Sale Of Certain Surplus Property By The City Of Port Arthur (4) P. O. No. 5804 - An Ordinance As It Pertains To Licensing For installers Of Irrigation Systems Adding Section 18-293 To The Code Of Ordinances (5) P. O. No. 5806 - An Ordinance Providing For Holiday Pay For The Fiscal Year 2007/2008 (Requested By Mayor Prince) (6) P. O. No. 5807 - An Ordinance As It Pertains To An Agreement With Waste Management, Inc. For The Use Of The City Of Port Arthur's Landfill C. *Reports And Recommendations (1) August, 2007 Financial Report (2) Report On Mayor & City Manager':> Trip To Washington, DC On 10/2-3/07 *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 OCTOBER 9, 2007 VIII. REPORTS OF BOARDS & COMMITTEES None 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 Publlic 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 Regardinc~ Economic Development Incentives Closed Meetin (1) Section 551.074 Government Cocie - To Discuss With The City Attorney His Duties And Responsibilities As It Pertains To The City Of Port Arthur Section 4A Economic Development Corporation (2) Section 551.087 Government Code - To Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects (3) Section 551.072 Government Cocle - To Discuss The Value Of Land On Austin Avenue (4) Section 551.087 Government Code - To Discuss Incentives As It Pertains To The Big Wheel Development Piroject (5) Section 551.071 Government Cocie - To Discuss With The City Attorney Potential Litigation As It Pertains To Port Iron And KCS (6) Section 551.074 Government Cocie - To Discuss With The City Attorney His Duties As It Pertains To Election Issues (7) Section 551.071 Government Cocie - To Discuss With The City Attorney The Pending Litigation As It Pertainns To The State Of Texas Vs City *The Items In Executive Session May E3e Discussed And Acted On In Open Session X. 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 XI. ADJOURNMENT OF MEETING RULES OF DECORUM -PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. 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. 3. Improper References, Disorder/y Conduct By Person Addressing The Council; 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 0lficer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made or Pub/ic Hearing C/osed, After a motion has been made or a public hearing has been closed, no member of the public shall addre;ss the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. 5. Campaign Speeches Prohibited, No persons will be allowed to address the City Council by making campaign speeches for or against any candidate who has aninounced or does announce his intention to run, or issue already ordered on a ballot for election. 6. Disorder/y Conducl: No person in the audience shaall 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. 7. Limitations on Use of Supp/ementa/ 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. 8. Persons Having Comp/aims, A/legations, or Charges Against Individual City Emp/oyees~ 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. Remova/, 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 Remova/, 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 hirri to do so. RULES OF PROCEDURE The City Secretary shall make public, in accordance with •the Texas Open Meetings Law, an 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 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. SpeciFc 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 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.