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HomeMy WebLinkAbout10/21/08 REGULARDELOR[S "BOBBIE" PRINCE, MAYOR JACK CHATMAN, JR., MAYOR PRO-TEM COUNCIL MEMBERS: ELIZABETH "LIZ" SELLER MORRIS ALBRIGHT_ III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON AGENDA City Council Regular Meeting October 21, 2008 5:30 p.m. STEPHEN F[TZGIBBONS CITY MANAGER TIERRI HANKS ACTING CITY SECRETARY MARK'I'. SOKOLOW CIT`E' ATTORNEY In compliance with the Americans With Disabilities Act, the City of Port Arthur wily provide for reasonable accommodations for personas attending City Council meetings. To better serve you, requests should be received 2~ 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 Nleeting City Hall Council Chamber City Of Port Arthur October 21, 2008 5:30PM PLEASE TURN OFF OR MUTE ALL CELL PHONES INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Chatman Councilmember Segler Councilmember Albright 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 Month Of October - "Domestic Violence AwarE;nes:> Month" October 21, 2008 - "Make A Difference Day" Minutes April 22, 2008 Regular Meeting October 7, 2008 Regular Meeting October 14, 2008 Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Mary Cheatham Regarding Water Bill Cor~cerris (2) Gene Price Regarding Availability Of Storm Resistance Materials For Reconstruction (3) Joseph Catalina Regarding Concerns With Tyler Evacuation Shelter (4) Paula LeBlanc Regarding Port Arthur Housing Project And RV Park AGENDA OCTOBER 21, 2008 III. PETITIONS & COMMUNICATIONS - CONTINUEC) B. Presentations None C. Correspondence None IV. PUBLIC HEARINGS - 7:00 PM None V. UNFINISHED BUSINESS The following Item Of Business Was Held From The Previous Meeting At Which N~o Action Was Taken On This Item: None VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Adrninistrative Nature. The Council Has Been Furnished With Background And Support M<~terial 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 Iridividu<31 Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Consideration And Approval Of Payment To ACFM, /nc., Conroe, TX In The Amount Of $15,598 For Two Blower Systems For The Utility Operations DeK>artment (Wastewater Treatment Division) DamagE;d B}~ Hurricane Ike B. Consideration And Approval Of Payment To 5'KR Construction, /nc., PortAi~thur, T.'X In The Amount Of $10,850 For Roof Repairs At The Animal Shelter Damaged By Hurricane Ike 2 AGENDA OCTOBER 21, 2008 VI. CONSENT AGENDA -CONTINUED C. Consideration And Approval Of Payment: To Barnett Fence Company, Pont Neches, TX In The Amount Of $11,'113 For Fencing Repairs At The Animal Shelter Damaged By Hurricane Ike D. Consideration And Approval Of Payment To T.R.E. S., Neder/and, TX In The Amount Of $7,723.70 For Repairs To A Vertical Line Shaft Mixed Flow Pump For The Utility Operations Department (Wastewater Treatment Division) E. Consideration And Approval Of PaymE~nt To Knife River, East Texas Division Cif Beaumont, TX In The Amount Of $9,560.'93 For Materials Used For The 2001 City Street Program F. Consideration And Approval Of Payment To Aquatic Services, E/khan, T;~CIn The Amount Of $10,050 For Effluent Flow Metering Systems For The Sabine Pass And Main Wastewater Treatment Plants Damaged By Hurricane Ike G. Consideration And Approval Of Payment To Naztec, /nc., Sugar Land, T;~CIn The Amount Of $10,250 To Replace The Traffic Signal Controller For ThE~ Public Works Department (Electrical Division) H. Consideration And Approval Of Payment To Naztec, /nc., Sugar Land, T;~CIn The Amount Of $18,500 For Traffic Signal Software For The Public Works Department (Electrical Division) Consideration And Approval Of Pa~~merit To /mperia/ Commercial Bui/ding Systems, lnc., San Antonio, TX In 1'he Estimated Amount Of $22,268.50 For Roof Repairs To Fire Station Number 2 Damaged By Hurricane Ike J. Consideration And Approval Of A Ore-YE~ar Extended Warranty & PrE:vention Maintenance Contract With Zoll Medical Corporation, Boston, MS In The Amount Of $11,835 For Ten Zoll M-Series Defibrillators For The Fire Department K. Consideration And Approval Of PaymE;nt To MKYEnterprises, Port Arthur, TXIn The Amount Of $8,400 For Engineer, SE~rver & E-Mail Support For The Fire Department L. Consideration And Approval Of Payment l'o "The Shop'; Port Arthur, T;~C In The Amount Of $9,589.57 For Engine Replacement To A 2005 Ford F-350 Super Crew Truck (Equipment #1563) For The IJtility Operations Department (Waste Water Conveyance Division) AGENDA OCTOBER 21, 2008 VI. CONSENT AGENDA -CONTINUED M. Consideration And Approval Of PaymE:nt To Orchid Ce//mark, Da//as, T~' In ThE; Amount Of $6,185 For Forensic Services For The Police Department N. Consideration And Approval Of Paynnent To Computer /nformation Systems', /nc., Skokie, /L In The Amount Of $7,200 For Annual License Renewal 1=ee .For Maintenance On Police Department CAD System O. Consideration And Approval Of Payment To Pump & Power Equipmern; Houston, TX In The Amount Of $27,5CI7 For Three Self-Priming Sewage Pumps Damaged By Hurricane Ike And Authorization To Reject Bid For Two Aclditiona~l Pumps For The Utility Operations Department (Wastewater ConweyancE~ Division) P. Consideration And Approval Of Payment To A. T.M. Machine Works, /nc., Nederland, TX In The Amount Of $6,500 For Two Aeration System Headers Damaged By Hurricane Ike For The Utility Operations Department, Wa~;tewater Treatment Division) O. Consideration And Approval Of Payment To Action Construction, /nc,,, Beaumont, TX In The Amount Of $7,477' For Metal Trim Repairs To Various Buildings At The Water Purification Plant Damaged By Hurricane Ike R. Expense Report Mayor Deloris "Bobbie" Prince: Use Of Personal Auto For Out-Of-Town City Business Month Of October, 2008 $9'7.11 Resolutions -Consent (1) P. R. No. 14934 - A Resolution Approving A Contract Between The City Of Port Arthur And Southeast Texas Arts Couincil (SETAC) For The Purpose Of Funding SETAC For The 2008-2009 Fiscal fear In The Amount Of $45,000, Account #140-1405-551.59-00, M97901 (2) P. R. No. 14939 - A Resolution Approving Water And Sewer Adjustment. To Certain Utility Accounts (3) P. R. No. 14942 - A Resolution As It Pertains To The Payment Of $12:,500 To Premier Election Solutions For Damaged Voting Equipment 4 AGENDA OCTOBER 21, 2008 VI. CONSENT AGENDA -CONTINUED (4) P. R. No. 14943 - A Resolution As It (Pertains To A Non Disclosure Agreement Between The City And The Texas Municipal Retirement System ("TMRS") (5) P. R. No. 14944 - A Resolution Authorizing A Contract Between The City Of Port Arthur And A&A Electric Co. Inc., Be<~umont, Texas, For The Installation Of A Main Disconnect At The Bob Bowers Civic; Center In The Amount Of $27,972, Plus $300 For The Cost Of The Payrnent Bond, Charge To Account Nlo. 140- 1405-551.82-00 (6) P. R. No. 14947 - A Resolution Authorizing Designating And Establishing ThE~ Mardi Gras Entertainment Area For 2009, Designating Mardi Gras Of Southeast Texas, Inc. As Exclusive Concessionaire And Authorizing The City Marnager To Execute An Agreement With Mardi Gras Of Southeast Texas, Inc. (7) P. R. No. 14948 - A Resolution Authoriizing A License For The Continuation Of A Recreational Vehicle Park On About 2 Acres Of Land Out Of Tract A, Block 8;, Sabine Pass, Virgie Berwick Addition, Port Arthur, Jefferson County, Texas Located At 5810 Dowling Road (8) P. R. No. 14949 - A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On 8.069 Acres Of Land Including All Of Lot 2 And Parts Of Lot 9, Block 12, Port Acres, (Port Arthur, Jefferson County, Texas AWE 2724 West 66t" Street, Located South Of FM 365 And East Of Jade Avenue (9) P. R. No. 14950 - A Resolution In Support Of The Sabine-Neches Navigation District's Efforts To Have The Corps 0'f Engineers Rapidly Conclude Their Study To Deepen And Widen The Sabine NE:ches Waterway So That Construction Will Commence Thereon (Requested By Gouncilmember Beard) (10) P. R. No. 14952 - A Resolution Authorizing A Two Month Extension With Gordon's Lawn Service Enterprises (For larass Cutting Services Of Privately- Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area C, To Be Charged To Account No. 001-1401-551.59-00 (11) P. R. No. 14953 - A Resolution Authorizing A Two Month Extension Of ,4 Contract With Gordon's Lawn Service Enterprises For Grass Cutting Services C)f Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area D, To Be Charged To ~4ccount No. 001-1401-551.59-00 AGENDA OCTOBER 21, 2008 VI. CONSENT AGENDA -CONTINUED (12) P. R. No. 14954 - A Resolution Awarding ATwo-Month Extension Of An IExistinca Contract To Northstar Unlimited For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots In Ari Area Of The City Designated As Area B, To Be Charged To Account No. 001-1401-551.59-00 (13) P. R. No. 14955 - A Resolution Awarding A, Two-Month Extension Of An Existing Contract With Northstar Unlimited For Grass Cutting Services Of Privately- Owned And City-Owned Developed Lots Ire An Area Of The City Designated A,s Area C, To Be Charged To Account No. 00'I-1401-551.59-00 (14) P. R. No. 14956 - A Resolution Authorizing A Two Month Extension Of A Contract With Joey's Tractor Service For Grass Cutting Services Of Privately- Owned And City-Owned Vacant Lots Ire An Area Of The City Designated ,As Area B, To Be Charged To Account No. 001-1401-551.59-00 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14892 - A Resolution As It Pertains To Williams & Rao, L.P. (2) P. R. No. 14920 - A Resolution Requesting The City Of Port Arthur To Deobligat~e $100,000 Of The City Revolving Loari Fund Administered By The City Of Port Arthur Section 4A Economic Developrent Corporation Through The Grow Port Arthur Fund By The National Development Council (NDC) To Establish A Pont Arthur Emergency Relief Loan Program (PEARL) To Assist Smalll Credit Challenged Businesses Affected By Natural Disasters (3) P. R. No. 14938 - A Resolution As It Pert<~ins To The Conversion Of The Park Plaza Private Street To A Public Street (4) P. R. No. 14941 - A Resolution Appoini:ing Or Reappointing A Mernber C-r Members To The Housing Finance Corporation Board Of Directors (5) P. R. No. 14957 - A Resolution In Appreciiation Of Those City Employees Who Worked And Were Affected By Hurricaine Ike (Requested By Mayor PrincE~) B. Ordinances (1) P. O. No. 5938 - An Ordinance As It Pf:rtairis To Greenehill Park Phase I 6 AGENDA OCTOBER 21, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NION-CONSENT -CONTINUED (2) P. O. No. 5939 - An Ordinance Adding Section 98-217 To The Code Of Ordinances As It Pertains To The Conversion Of Private Streets To Public Streets (3) P. O. No. 5947 - An Ordinance As It Pertains To 3510 Lake Arthur VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT C. *Regorts And Recommendations (1) Report On Hurricane Ike, Emergency Management Preparations, Rehabilitation Efforts By The City And Recommendations As To Preparations For Future Hurricanes (2) Report As To The Existing "In Lieu Of 'Tax" Agreements And Prospective "In Lieuu Of Tax" Agreements (3) Report On Analysis Of Hiring & Procurement In Industrial District Areas *The City Council Can Act On Any Of TF~e Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional Infc-rmatioin And Records VIII. REPORTS OF BOARDS & COMMITTEES None IX. 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 X. ADJOURNMENT OF MEETING 7 RULES OF DECORUM -PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Dicer. No person shall""adldress the Coundl without first being recognized by the Presiding Officer. 2. Spea/ong Procedure; Limitation on discussion and questioning. Each person addressing the Council shall step up to the microphone provided for the use of the pubblic and give his name and address in an audible tone of voice for the records, state_that subject he wishes to ciiscuss,~state whom he is representing if` he represents an organization or other person, and unless further time is granted by majority vote of the Coundl, shall limit his remarks fb flue (5) minutes. All remarks shall be addressed to the Coundl as a whole and not to any member thereof. No person other than members of the Council and the person havingi the floor shall be. permitted to enter into any discussion, whether directly or thronglt a member of the Coundl, without the .permission of the Presiding Officer. ~ • 3. Improper References, Disonalerly Conduct By Person ~4ddressing The Coandf Any person making, expressly or impiiedly, personal, impertinent, slanderous, derogastory, 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 sudw conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the' Council during that Meeting. 4. AddrressesAfter Motion Made or Pub/ic Hearing Clo~seY/, After a motion has been made or a public hearing has been dosed, no member of the public shall address the Coundl from the audience on tfie matter under consideration without first securing permission to do a:o by'majontty vote of the City Coundl. b. Campaign Speeches prohibitea/. No persons will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced ar does announce his intention th run„ or issue already ordered on a ballot for election. 6. Disorderly Conduct No person in the audience shall) engage in disorderly conduct such as hand clapping, . stamping of feet, whistling, using profane languagie, yelling, and similar demonstrations, whidu conduct disturbs the peace and good order of the meeting. 7. LimKaiions on Use of Sapp/ementa/ Lighting. Limitations on use of supplemental lighting f'or 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. Persons Having Comp/ainfs, ,q/legations, or Charges ~Igainst Individual City Emp/oyee~ No person shall make any complaint, specific allegation, or charge against.<~n individual City.Employee by name in a.public: meeting unless he.fitst shows that he has pursued appropriate administrative channels.- • ENFORCEMENT OF DECORUM Warning. All persons shall at the request of the Presiding Officer; be silent Removes/, If, after receiving a warning from the Presiding Officer, a person persists in d'csturbing the meeting, such Officer may order film to remove himself from the meeting. If the does not remove himself, the Presiding Officer may order the Sergeant-at0arms to remove him. • Resisting Removes/. 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 Coundimember may move to require the Presiding Officer to enforce this division, and the affirmative vote of a majority of the Coundl shall require him Ito do so. RULES OF PROCEDURE The City Secretary shall make public, in accordance with tine Texas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Persons Reaaestinc Te Be p~~ On .4oenda 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.fo~ approval before placing the name on the Agenda. Svecilrc Agenda Items After a motion, second and discussiorF by the City Coundl on any specific agenda iitem, and before a vote is taken, the Presiding Officer shall recognize any dozen in the audience wishing ip address~the council on such item, who shall be permitted to address the Council thereon for a period of three (3) minutes. ~Spedflc Agenda Items" are defined as any item specified on the Notice of Mefei~ng posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Coundl.