Loading...
HomeMy WebLinkAbout06.17.08DELORIS "BOBBIE" PRINCE, MAYOR JACK CHATMAN, JR., MAYOR PRO-TEM COUNCIL MEMBERS: CAL JONES MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE MICHAEL "SHANE" SINEGAL ~- Energ v Clly Of Ctry ort rthu~- Texas AGENDA City Council Regular Meeting June 17', 2008 8:30 a.m. STEPHEN F[TZGIBBONS CITY MANAGER TERRI HANKS ACTING CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY In compliance with the Americans With Disabilities Act, the City of Port Arthur wild 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 June 17, 2008 8:30AM PLEASE TURN OFF OR MUTEALL CELL PHOP/ES INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Chatman Councilmember Segler Councilmember Albright III Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Wise Councilmember Sinegal City Manager Fitzgibbons Acting City Secretary Hanks City Attorney Sokolow Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes III. PETITIONS & COMMUNICATIONS A. Speakers (1) Donny Delatte Regarding RV Park On Broadway (2) Tom Henderson Regarding Veteran's Memorial Park (3) Stephen Mosley Of "The Breeze" Radio Station Regarding Youth Programs And General Information Update B. Presentations (1) Teen Court (2) Warren Field And Ike Mills, Representing CIDA, Inc., Regarding Community Activism And Hilton KE;IIy (3) Gene Price Of Craftmaster Construction Regarding Green Energy And Construction And Building Codes In The Gulfcoast Area (Requested By Mayor Pro Tem Chatman) C. Correspondence -None AGENDA JUNE 17, 2008 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: P. O. No. 5874 - An Ordinance Aui:horizing The Purchase Price And Sale Of Approximately 18 Acres Of Land Nn The Vicinity Of Lake Arthur Drive 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 Payment To The Texas Municipa/League (TML) In The Amount Of $5,129 For League Services Including Texas Town & City Magazine For July, 2008 -June, 2009 B. Consideration And Approval Of Renewing The Third Year Existing Rental Contract For Chemical Toilets With Triang/e Waste So/utions, /nc., Port Arthur, TX In The Amount Of $15,000 For Use In Various Parks And Special Events C. Consideration And Approval Of Awarding A Bid To Videotex Systems, /nc, Dallas, TX In The Amount Of $20,930.99 For A Broadcast Video System (For The Government Channel) Located At The Port Arthur Public Library D. Consideration And Approval To Reject All Bids Received For The Purchase Of Books, Other Print A~aterials And Audiovisual Materials For The Port Arthur Public Library Ancl Authorize Renewal For This Last Year Of The Contract With Baker And Tay/orTo Supply These Materials At An Annual Minimum Of $55,000 E. Consideration And Approval Of The Purchase Of One Krimesite Imager From Sirchie Finger Print Laboratories, Youngsville, NC In The Amount Of $14,950 (Homeland Security Girant) For The Police Department AGENDA JUNE 17, 2008 VI. CONSENT AGENDA -CONTINUED F. Consideration And Approval Of' The Purchase Of One Trinocular Stereomicroscope From CAP Optical, lnc., Menifee, CA In The Amount Of $5,371 (Homeland Security Grant) For The Police Department G. Consideration And Approval Of Awarding A Quote To Doo/ey Tackaberry, lnc., Deer Park, TX (Through BuyBoard) In The Estimated Amount Of $37,657 For Bunker Pants, Coat:., Helmets, Hoods And Boots For The Fire Department H. Consideration And Approval Of The Purchase Of Six XTS 2500 764-870 MHZ Radios Through H-GAC In Tlhe Amount Of $19,786.90 (Bioterrorism Grant) For The Health Department Consideration And Approval Of Awarding A Quote In The Amount Of $251,110 For A 30-CY Rapid Rail Automated Side Loader Body From BuyBoard (Through Heil Of Texas Of Houston, TX) And A Mack Cabover Refuse Truck Chassis From H-G.AC (Through East Texas Mack Sales, LLC Of Longview, TX) For The Public Works Department (Solid Waste Division) Resolutions -Consent (1) P. R. No. 14649 - A Resolution Authorizing Acceptance Of An Engineer's Certificate Of Completion, Contr;actor's Certificate And Release From LaGrone Services, Ltd., And Cont:ractor's Certificate Of Guarantee From PA69, L.P. For The Completion Of Public Improvements (Water & Sewer Utilities) To Serve The Port Plaza Center Development, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (2) P. R. Na. 14728 - A Resolution Accepting A Water Utility Easement From Golden Pass LNG Terminal, LP For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (3) P. R. No. 14737 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And Forde Construction Company, Inc. Of Houston, Texas For Planing And/Or Texturing Of Pavement On A Unit Cost Basis For Various City Funded And Community Development Block Grant (CDBG) Funded Street Projects; Proposed Funding: Street Division FY 2008 Budget Account 001-1203-531.36/51/86 A,nd The 33rd Year CDBG Street Project Accounts AGENDA JUNE 17, 2008 VI. CONSENT AGENDA -CONTINUED (4) P. R. No. 14741 - A Resolution Authorizing The Renewal Of A Contract With Grasshopper Lawn Service For Grass Cutting Services Of Privately- Owned And City-Owned Developed Lots In An Area Of The City Designated As Area D, To Be Charged To Account No. 001-1401-551.59- 00 (5) P. R. No. 14744 - A Resolution Authorizing Acceptance Of An Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee From Allco, Inc. For The Completion Of Public Improvements (Public Water System) To Serve The PAISD New Memorial High School, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (6) P. R. No. 14746 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And C.M.M. Construction, Inc. OF Beaumont, Texas For Placement Of Hot-Mix Asphaltic Concrete On A Unit Cost Basis For Various City Funded And Community Development Block Grant (CDBG) Funded Street Projects; Proposed Funding: Street Division Account 001-1203- 531.36/51/86 And CDBG Street Project Accounts (7) P. R. No. 14754 - A Resolution Approving The City Of Port Arthur To Bid For Landfill Services For The Federal Correctional Complex Beaumont, Texas (8) P. R. No. 14757 - A Resolution Accepting A Water Utility Easement From The Port Arthur Housing Authority And K. T. Akbari For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (9) P. R. No. 14758 - A Resolution Authorizing Acceptance Of An Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee From Icon Builders, LLC For The Completion Of Public Improvements (Water System) To Serve The Southwood Crossing Phase 1 &2 ,Apartment Complex Development, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, 'Texas AGENDA JUNE 17, 2008 VI. CONSENT AGENDA -CONTINUED (10) P. R. No. 14759 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, Contractor's Certlificate And Release, And Contractor's Certificate Of Guarantee For The Cleaning And Television Inspection Of The Sanitary Sewer System, Approving Change Order No. 1 And Final; And Approving Final Payment Of $32,529.50 To CleanServe, Inc., And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas. Fund No. 426-1625-532.33-00, Project No. 426011 (11) P. R. No. 14761 - A Resolution Calling A Public Hearing With Regards To Proposed Assessments For Improvements On 9th Avenue From 67th Street To 60th Street (12) P. R. No. 14763 - A Resolution Authorizing The City Manager To Execute An Agreement With SCS Engineers Of Bedford Texas To Provide Services Related To Respondinca To Requests Made By The Texas Commission On Environmental Quality (TCEQ) Regarding Groundwater Monitoring Well Number MW3, Funding Being Available In FY 2008 Account No. 403-1274-533.54-00 (13) P. R. No. 14766 - A Resolution RE;scinding Credit Card Fees (Requested By Mayor Prince) (14) P. R. No. 14767 - A Resolution Authorizing The City Manager To Execute An Agreement With The Beaumont Chapter Of The American Red Cross For Use Of The Port Arthur Recreation And Senior Citizen Center Facility As An Emergency Shelter (15) P. R. No. 14768 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And Hollier Construction & Aluminum Of Groves, Texas For Concrete Slip-Form Placement Of Concrete Curb And Gutters And Concrete Curbs, And Construction Of Sidewalks, Driveways And Wheelchair Ramps On A Unit Cost Basis For Various City Funded And CDBG Grant Funded Street Projects; Proposed Funding: Street Division Account No. 001-1203- 531.36/51/86 And CDBG Street Project Accounts (16) P. R. No. 14769 - A Resolution ,Authorizing Acceptance Of The Contractor's Certificate And Release And Contractor's Certificate Of Guarantee From Redwine Family Partners, Ltd. For Anchor Drive Extension And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas AGENDA JUNE 17, 2008 VI. CONSENT AGENDA -CONTINUED (17) P. R. No. 14770 - A Resolution Accepting A Sewer Easement From Lamar State College-Port Arthur For The Construction, Installation, Laying, And Maintaining Of Sewer Utilities In The City Of Port Arthur (18) P. R. No. 14773 - A Resolution As It Pertains To The Project Safe Neighborhoods Youth Conference To Be Held On June 23, 2008 (Account No. 134-1021-514.54-01) (19) P. R. No. 14774 - A Resolution Authorizing Acceptance Of An Engineer's Certificate Of Completion, Contractor''s Certificate And Release, And Contractor's Certificate Of Guarantee From Jerry Walley Construction For The Completion Of Public Improvements For Water & Sewer Facilities To Serve Medical Center Blvd., And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (20) P. R. No. 14778 - A Resolution P,uthorizing The City Manager To Enter Into A Contract For Grass Cuttincl Services For Civic Center And Willie Ryman Bldg. With Tomahawk Lawn Service Of Groves, Texas For $300.00 Per Cut For The Civic Center And $65.00 Per Cut For The Willie Ryman Bldg VII. ITEMS REQUIRING INDIVIDUAL ACTIOPJ -NON-CONSENT A. Resolutions (1) P. R. No. 14760 - A Resolution As It Pertains To Truth & Education And The Radio Station (2) P. R. No. 14762 - A Resolution F;escinding Resolution No. 08-178 As It Pertains To The Appointment Process To The Municipal Housing Authority (Requested By Mayor Prlince) (3) P. R. No. 14764 -Resolution Approving First Amendment To Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Camellia Plaza, LP (4) P. R. No. 14765 - A Resolution ,As It Pertains To The Marshall Group (Requested By The City Manager) (5) P. R. No. 14775 - A Resolution As It Pertains To The City Of Port Arthur Section 4A Economic Development Corporation And Restrictions As To The Use Of Undocumented Workers AGENDA JUNE 17, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED B. Ordinances (1) P.O. No. 5880 - An Ordinance Authorizing The Donation Of Forty-Four (44) Abandoned Bicycles To Emily Bond, The Warden Of The LeBlanc Unit, For Purposes Of Helping Trre Underprivileged In The Surrounding Area (2) P. O. No. 5897 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2007 And Ending September 30, 2008 To Fund Additional Staff Arid Equipment For Residential Garbage Collection (3) P. O. No. 5898 - An Ordinance As It Pertains To A Developer Participation Contract With Oakmont Properties, Inc. As To Extend Anchor Drive As To Provide An Incentive For A New 246 Unit Up-Scale, Market-Rate Apartment Complex (4) P. O. No. 5899 - An Ordinance Granting An Excavation Permit Issued Pursuant To Article VII (Excavations) Of The Code Of Ordinances Of The City Of Port Arthur To Angel Investments Located South Of 61st Street And West Of Ray Avenue (5) P. O. No. 5901 - An Ordinance Amending Section 110-191 Of Division 3 (Service Charges) Of Article III (Sewer;- Of Chapter 110 (Utilities) Of The Code Of Ordinances, City Of Port Arthur; Said Amendments Establishing A Sewer Rate For Liquid Waste Hauler Direct Discharges And Repealing All Ordinances And Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date TherE~of C. *Reports And Recommendations None *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 AGENDA JUNE 17, 2008 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 WiNI 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 Regardinca Economic Development Incentives Closed Meeting: (1) Section 551.071 Government Cocle - To Discuss With The City Attorney Pending And Potential Litigation As It Pertains To Entergy And Texas Industrial Energy Consumers (2) Section 551.087 Government Code - To Discuss Incentives As To Industrial, Residential, Business Aind Commercial Prospects (3) Section 551.072 Government Codle - To Discuss The Monetary Value Of Office Spaces At City Hall And ThES City Hall Annex (4) Section 551.072 Government Code - To Discuss The Value Of Land At 648 4th Street (5) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To South Gulfway Drive (6) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains T'o The Housing Authority *The Items In Executive Session May Be 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 Offcen 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 p~,rblic 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, Disorderly 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 Officer, be ordered barred from further audience -before the Council during that Meeting. 4. Addresses After Motion Made or Pub/ic 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. 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 announced or does announce his intention to run, or issue already ordered on a ballot for election. 6. Disorder/y Conduce No person in 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. 7. Limitations on Use of Supplemental Lighting. Limit;~tions 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/ainL~s, A/legations, 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 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. I1` 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 him 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 presenit such request to the Presiding Officer for approval before placing the name on the Agenda. SpeaFc 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 Counciil.