Loading...
HomeMy WebLinkAboutOCTOBER 7, 2008 AGENDANOTICE otice is hereby given pursuant to Chapter 551 of the Government Code that a Regular Meeting of the City Council of The City of Port Arthur, Texas will be :held on Tuesday, October 7, 2008 at 8:30 a.m. in the City Council Chamber, Fifth Floor, City Hall, 444 Fourth Street, Port Arthur, Texas To Consider the following Agenda. CERTIFICATION I certify that a copy of t]he October 7, 2008 agenda was posted this ~3'-~day of ~' ~~~a~-~'~ 2008 in the City Hall Building Lobby, Port .Arthur, Texas at _ p. m. /~ ,~-~ Terri Hanks Acting City Secretary I certify that the attached notice and agenda ways removed by me from the City Hall bulletin board on the day of ~, 2008. Title: DELORIS `BOBBIE" PRINCE, MAYOR JACK CHATMAN, JR., MAYOR PRO-TEM COUNCIL MEMBERS: ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, ^I MARTIN FLOOD JOHN BEARD, JR. ROBF,RT E. WILLIAMSON D. KAY WISE THOMAS J.HENDERSON AGENDA City Council Regular Meeting October 7, 2008 8:30 a.m. STEPHEN FI'I'ZGIBBONS CITY' MANAGER TE,RRI HANKS ACTING CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY In compliance with the Americans With Disabilities Act, the City of Port Arthur willl 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 Mleeting City Hall Council Chamber City Of Port Arthur October 7, 2008 8:30AM PLEASE TURN OFF OR MUTE ALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Chatman Councilmember Segler Councilmember Albright III Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Wise Councilmember Henderson City Manager Fitzgibbons Acting City Secretary Hanks City Attorney Sokolow Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes May 7, 2008 - Special Meeting May 7, 2008 - Regular Meeting August 26, 2008 - Special Meeting August 26, 2008 - Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers None B. Presentations None C. Correspondence Letter From Connie Broussard AGENDA OCTOBER 7, 2008 IV. PUBLIC HEARINGS - 9:00 AM (1) To Consider Whether Or Not To Issue A Specific Use Permit For A 180 Foot Cell Antenna That Is Being Replaced Due To Damage Sustained By Rita. It Is Located At South Of South Gulfway Drive (SH 87) (6114 Gulfway Drive) Z08-12 (2) Consider Request For Abandonment Of ;Some Roads Within The Boundaries of 39tH Street To The West, Grandview To The South, 32"d Street To The East And Grandview To The South. The Streets Impacted Are Rebud, Beech, Locust And Grandview that Are West Of 39t" Street. (Revision Of Case A05~-01 And A06-04) V. UNFINISHED BUSINESS The following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: None 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 Withouit Being Discussed Separately Unless RequestE;d 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 Alter The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Consideration And Approval Of Awarding A Bid To J & J Trai/er Sa/es, China, TX In The Amount Of $11,984 For One Mobile Emergency Communication Trailer Four The Police Department B. Consideration And Approval Of Payment To A//co, /nc, Beaumont, TX In The Estimated Amount Of $14,400/Week For Labor & Equipment (With The City Providing Materials) For Emergency Repairs To The Sabine Pass Wastewater System Damaged By Hurricane Ike C. Consideration And Approval Of Payment For The City's Pro-Rata Share Of The 2009 Jefferson County Appraisal District 1=unding Allocation In The Total Amount C-f $172,155.68 (Four Equal Payments Of $43,038.92) D. Consideration And Approval Of Payment: To DSR & Associates, Neder/and, TX In The Not-To-Exceed Amount Of $9,000 ($900/Tank) For Tank Inspection Services Due To Hurricane Ike 2 AGENDA OCTOBER 7, 2008 VI. CONSENT AGENDA -CONTINUED E. Consideration And Approval Of Payment To Pump & Power Equipment, h~ouston, TX In The Not-To-Exceed Amount Of $20,870 For Emergency Purchase Of Self~- Priming Sewage Pumps And Parts For The Utility Operations Department (Wastewater Conveyance And Treatment Divisions) Damaged By Hurricane Ike F. Consideration And Approval Of Awarding A Bid To Stoneburner Verret Electric; Company, Port Arthur, TX In The Amount Of $6,598 For The Repair Of Ellectrical Service To Rose Hill Manor Damaged By I~urricane Ike G. Consideration And Approval Of Payment To Century /ndustries, Se/%rst~urg, //'V (TXMAS Purchase) In The Amount Of $58,805 For A Mobile Bleacher System And Platform Stage For The Parks And Recreation Department H. Consideration And Approval Of Payment. To Martin Aspha/t, Houston, TX In Thf; Amount Of $8,500.50 For The Purchase Of Asphalt, Oil And Emulsions Used For The City Streets And CDBG Programs I. Consideration And Approval Of Payment To Paradigm Traffic Systems, /ric., Foi7~ Worth, TX In The Amount Of $21,350 For Traffic Signal Parts Damaged By Hurricane Ike J. Consideration And Approval Of Payment 'To B&B E/ectrica/ Uti/ity Contractors, /nc., Brandon, MS In The Amount Of $16,754.07 For Repairs To Traffic Signals Damaged By Hurricane Ike K. Consideration And Approval Of Payment To Tat She// Station, Port Arthur,. TX In The Amount Of $32,423.25 And Gulfway Food' Mart, Port Arthur, TX In The Amount Of $12,395.56 For Fuel Purchases For l-he Police Department Due To Hurricane Ike L. Consideration And Approval Of Payment To MKYEnterprise, Port Arthur, TIC' In The Amount Of $11,868.95 For Internet & Cornputer Operations At The Holiday Inn And Police Department During Hurricane Ike M. Consideration And Approval Of Payment To The Southeast Service Company, Porn Arthur, TX In The Amount Of $39,500 For The Recreation Center Air Conditioner Bond Project N. Expense Report City Attorney Mark T. Sokolow: Attended Bankruptcy Court, Houston, TX October 1, 2008 $ 78.61) AGENDA OCTOBER 7, 2008 VI. CONSENT AGENDA -CONTINUED Resolutions -Consent (1) P. R. No. 14917 - A Resolution As It Pertains To The Temporary Location Of The Fire Station In Sabine Pass, Texas (2) P. R. No. 14919 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Tammy Jacobs, CPA For The Provision Of Accounting Services For The Finance Department (3) P. R. No. 14923 - A Resolution As It Pertains To A Lease With The Federal Emergency Management Agency (FEMA) For Use Of The Port Arthur Civic Center (Requested By The City Manager) (4) P. R. No. 14924 - A Resolution Authorizing The Execution Of A Contract For Professional/Technical Services Betweenn The City Of Port Arthur And Soutex Surveyors, Inc. Acting Through Anthony Leger, Vice-President, For Certain Professional And Technical Engineering Services In The Amount Of $42,500. Engineering Account No. 001-1202-531.54-00 (5) P. R. No. 14926 - A Resolution Authorizing The Execution Of A Contract E-etween The City Of Port Arthur And Rose E. Quirante, R.D., For The Provision Of Dietary Consultation Services For The Women, Infants And Children (WIC) Program (6) P. R. No. 14927 - A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Betvveen The City Of Port Arthur And Kirk Matthew Vital, R.PH, To Act As The City's Pharmacist-In-Charge For The Health Department (7) P. R. No. 14928 - A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between 'The City Of Port Arthur And Herbert Beasley, Community Service Aide, To Provide Services For The Tuberculosis Clinic: (8) P. R. No. 14929 - A Resolution Authorizing The Execution Of An Agreement Four Independent Professional Services Between The City of Port Arthur And Lloyd R;. Haggard For The Provision Of Consultation Services For The City's Laboratory And Authorization Of A Payment In The Amount Of $1,384.62 For Services RE:ndered For The Month Of September 2008 (9) P. R. No. 14930 - A Resolution To Approve The FY 2008-09 Contract BetwE:en The City Of Port Arthur And The Department Of State Health Services, WIC Card Participation 4 AGENDA OCTOBER 7, 2008 VI. CONSENT AGENDA -CONTINUED (10)P. R. No. 14933 - A Resolution Authorizing The City Manager To Enter Into A Professional Services Contract With J. S. Edwards & Sherlock Insurance ,Agency For Employees Health Insurance Consulting Services At A Cost Of $2,075 Peir Month ($24,900 Per Year) Effective October 12, 2008 And To Pay $2,075 Foir Services Rendered From September 13, :?008 To October 11, 2008. Fund No. (s) 614-HEALTH INSURANCE FUND VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P.R. No. 14908 - A Resolution Approving Funding Of $3,000 To The Southeast Texas Economic Development Foundation (SETEDF) For The Assistance Of The Regional Economic Development Initiative (REDI) To Coordinate The Regional Economic Development Efforts For The I~egions Of Hardin, Jefferson And Orangf~ Counties (2) P.R. No. 14921 - A Resolution As It Peri:ains To An Agreement Between The City Of Port Arthur And The Owners Of The Private Streets In The Park Plaza Area (3) P.R. No. 14931 - A Resolution As It Pertains To The Need For Temporary HousincJ As A Result Of Hurricane Ike (Requested By Mayor Prince And The City Manager) (4) P. R. No. 14932 - A Resolution As Ilt Pertains To Requesting The Federal Government For Funds To Raise The Levee (Requested By Mayor Prince And Councilmember Flood) (5) P. R. No. 14935 - A Resolution Pertaining To Germer Gertz, L.L.P. Acting As The Legal Counsel For The City Of Port Arthur Section 4A Economic Development Corporation B. Ordinances (1) P. O. No. 5931 - An Ordinance Amending The Zoning Ordinance Of The City of Port Arthur By Granting A Specific Use Permit For Crown Castle To Install A 180 Foot Cell Tower Antenna Damaged In The Storms Over 3 Years Ago At 6114 ~Gulfway Drive, 10.79 Acres, AKA-Tract 21, 43 JNC> McGaffey, A-300167, Port Arthuir, Jefferson County, Texas; Violation Of This Ordinance (Or The Zoning Ordinance Of The City Of Port Arthur) Is Punishable .4s Provided In Section 1-13 Of The City Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars; The Zoning Is Multi-Family And 'V1/ill Remain So; Providing For Pulblication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After The Publication Date (Z08-12 - (SUF' 207) CROWN CASTLE) 5 AGENDA OCTOBER 7, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (2) P. O. No. 5935 - An Ordinance Approving The Rates Of Entergy Texas, Inc. Contained In The Non-Unanimous Settlement Filed In Entergy Texas, Inc.'s RatE~ Proceeding Initiated On September 26, 2iD07; Finding That The Meeting Complies With The Open Meetings Act; Making 01:her Findings And Provisions Related To The Subject; And Declaring An Effective Date (3) P. O. No. 5936 -Amending Section 1110-252 (Advance Payment) Of Article IV (Billing And Collection Procedure) Of Chapter 110 (Utilities) Of The Code Of Ordinances, City Of Port Arthur; And Declaring The Effective Date Thereof (4) P. O. No. 5937 -Amending Section 110-254 (Late Fees) Of Article IV (Billing Anci Collection Procedure) Of Chapter 110 (Utilities) And Section 86-117 (Billing) Of Chapter 86 (Solid Waste) Of The Code Of Ordinances, City Of Port Arthur; Anci Declaring The Effective Date Thereof C. *Reports And Recommendations (1) Report On Hurricane Ike Recovery Efforts (2) July, 2008 Financial Statement *The City Council Can Act On Any Of Tree Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional Information And Records VIII. REPORTS OF BOARDS & COMMITTEES - PJone 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 l-he Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Willl 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 6 AGENDA OCTOBER 7, 2008 IX. *CLOSED MEETING (EXECUTIVE SESSION) -CONTINUED Closed Meeting: (1) Section 551.072 Government Code - To Discuss The Value Of Land At 35'10 LakE: Arthur Drive (2) Section 551.087 Government Code - 'To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (3) Section 551.071 Government Code - To Discuss With The City Attorney F'otentia~l Litigation As It Pertains To Park Plaza Area *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 Reque:>ted Buit No Discussion Of Any Item Or Request Shall Take Place XI. ADJOURNMENT OF MEETING 7 RULES OF DECORUM -PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding ~cer: No person shall'ad~dress the Coundl without first being ri:cognized by the Presiding Offices 2. Speaking Procedure; Limitation on discussion and qu:astioning. Each up to the microphone provided for the use of the puh~lic and give his name anddaddreu inea n audible tone of voice for the recerds, state.that subject he wishes to discuss,~state whom he 1:s 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. Alt remarks shall be addressed to the Coundl as a whole and not to any member thereof. No person other than members of the Coundl and the person having the floor shall' be enter into any discussion, whether directly or through a member of the Coundl, without the penmiss of nn o~the Presiding Officer. - - 3• .. Improper ReferenoPS, Disorderly Conduct By Person Alddress/ng The Coundl Any person makin impliedly, personal, impertinent, slanderous de g~ ~Pressly or willfully utters loud, threatening or abusive~langr~iage, or engges, in anyidisordeprofane-remarks or who impede, disrupt, or disturb the orderly conduct; tiles order ~l/ wnd;lct which would continues, Rtay, at the discretion of the Presiding Officer, be oMer+ed ban~eddrfrom~further. a dlience-beore the Council during that Meeting. 4. Ai/dresses AR`+er Motion Made or Pub/fc Hear/ng CJc~sec~ After a motion has been made or a public hearing has been dosed, no member of thq public shall address: the Coundl from- the audience on the matter under consideration without first securing permission to do sty by majority vote of the City Coundl. S. Campaign Speeches prohibited, No persons will be alllowed to address the City Coundl by making campaign speeches for or against any candidate who has anna~unced ar does announce his interrtion fio run, or issue already ordered on a ballot for election. 6. Disorderly Condac~ No person in the audience shall engage in disorderly conduct such a.: hand da in stamping of feet,, whistling, using profane language:, yelling, and similar demonstrations,, which induct disturbs the peace and good order of the meeting. 7. [Imitations on Use of Supplements/ Lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of Coundl proceedings and/or discomfort to the public 8. Peroons Having Comp/ainLv, A//egat~ons, or Charges Against Indivldua/ City Employees No pE;rson shall make any complaint, spedfic allegation, or charge against.an individual City.Employee by name In a.pubiic meeting . unless he~.€rrst shows that he has pursued appropriate administrative diannels. - 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 OtFce;r, a person persists in disturbing the mE:eting, suds Officer may order film to remove himself from the meeting. If he does not remove himself, the Presiding Officer may order the Sergeant-at0arnis to remove him. ~ . .Resisting Removes/. Any person vyho resists removal by tho Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. Motions To Enforce, Any Coundlmember may move to require tlhe Presiding Officer to enforce this division, and the affirmative vote of a majority of the Coundl shall require him ta- do so. RULES OF PROCEDURE - - The City Secretary shall make public, in accordance with the: Texas Open Meetings Law, an agendla containing all business to be discussed at a meeting of the City Coundl. Per ors Reooestfna To Be Heard Qn gpnd~ (1) Residents. Any resident who wishes to address the Coundl on any matter -may. ~ do so by notifying the City Secretary in ~aocordaace with the Texas Open Meetings ~ Law. (2) Nonresidents. Any nonresident wishing to address the Council a:hall notify the. City Secretary and specify his interest in the matter being considered. The City Secretary shah present such request to the presiding OFficer.fo~ approval before placing the name on the Agenda. SeedAe Aaanda I mf After a motion, second and discussion by the City Coundl on any spedfic agenda item, and -before a vote is taken, the Presiding Officer shall recognize any dozen in the eudience wishing to adclress•the council on such item, who shall be permitted to address the Council thereon for a period of three (3) minute~s.'~Spedfic Agenda Items~ are defined as any item spedfied on the Notice of Me4eting posted for purposes of the Texas Op,zn Meetings Law and which becomes the subject of a motion before the Coundl.