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HomeMy WebLinkAboutNOVEMBER 4, 2008 REGULARDELORIS "BOBBIE" PRINCE, MAYOR .IACK CHATMAN, JR., MAYOR PRO-TEM COUNCIL MEMBERS: ELIZABETH "LIZ" SELLER MORRIS ALBRIGHT, III MARTIN FLOOD JOHT`J BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON ~~~~~ ~~~~~~EnerSY ~~ Clly Of ~~Cin, ~1~1 ort rthu~- Texas AGENDA City Council Regular Meeting November 4, 2008 8:30 a.m. STEPHEN FITZGIBBONS 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 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 November 4, 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 June 17, 2008 Regular Meeting September 9, 2008 Regular Meeting October 21, 2008 Special Meeting October 21, 2008 Regular Meeting October 27, 2008 Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers -None B. Presentations (1) David Smith Of Smith Family Dome Home Builders Regarding Alternative Home Building Styles (2) Melvin Getwood Of The Westside Neighborhood Association Regarding Westside Development AGENDA NOVEMBER 4, 2008 III. PETITIONS & COMMUNICATIONS (Continued) C. Corresuondence -None 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: P. R. No. 14941 - A Resolution Appointing Or Reappointing A Member Or Members To The Housing Finance Corporation Board Of Directors 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 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 USA B/uebook, Gurnee, IL In The Amount Of $12,760 For Two Chemical Buildings Damaged By Hurricane Ike At The Sabine Pass Waste Water Treatment Plant B. Consideration And Approval Of Payment To Bayou E/ectric, Orange, TX In The Amount Of $6,367.19 For Emergency Wiring Installation To A Raw Water Pump Damaged By Hurricane Ike For The Utility Operations Department (Water Purification Division) C. Consideration And Approval Of Payment To Pump & Power Equipment, LP, Houston, TX In The Amount Of $36,379 For Seven Submersible Pumps Damaged By Hurricane Ike For The Utility Operations Department (Wastewater Conveyance & Treatment Divisions) D. Consideration And Approval Of Payment To Daktronics, Brookings, SD (Through BuyBoard) In The Amount Of $66,386 For A New Marquee Damaged By Hurricane Rita For The Robert A. "Bob" Bowers Civic Center 2 AGENDA NOVEMBER 4, 2008 VI. CONSENT AGENDA (Continued) E. Consideration And Approval Of Payment To Rura/ Pipe & Supp/y, Jasper, TX For The Purchase Of Small AMR Meters At Unit Prices (Estimated Cost $2,515,000) For The Utility Operations Department F. Consideration And Approval Of Payment To BLOC Design-Bui/d, LLC, Longview, TX In The Estimated Amount Of $39,312 For Radio Telemetry Systems At Several Pump/Lift Stations Damaged By Hurricane Ike (Utilities Operations Department) G. Consideration And Approval Of Payment To Rosemount, Inc., Chanhassen, MN In The Amount Of $7,769.40 For Six: Pressure Transmitters For The Gulf, Sabine Pass & Sea Rim Pump Stations (Serving The Sabine Pass Area) Damaged By Hurricane Ike H. Consideration And Approval Of Payment To Bayou E/ectric, Inc., Orange, TX In The Amount Of $21,196 For An Electrical System For The Lakeshore Drive & Houston Avenue Lift Station Damaged By Hurricane Ike I. Consideration And Approval Of Payment To Pump & Power Equipment, LP, Houston, TX In The Amount Of $6,411 For A Submersible Pump Damaged By Hurricane Ike For The Water Treatment Plant (Water Purification Division) J. Consideration And Approval Of Payment To Sanofi Pasteur, Chicago, IL In The Amount Of $19,021 For Influenza Vaccine For The Health Department K. Consideration And Approval Of Grand Recap (Certified Tax Rolls) From Jefferson County ($13,697,714.95) And Orange County ($1,059,337.87) Tax Assessors Collectors And The Delinquent Tax Roll From Orange County Resolutions -Consent (1) P. R. No. 14811 - A Resolution Extending The Performance Period Of Lamar State College Community Development Block Grant Contract From July 17, 2008 To September 1, 2009, Or Until Such Funds Are Exhausted Whichever Comes Sooner, Unless Terminated As Otherwise Provided With The Contract (2) P. R. No. 14884 - A Resolution Authorizing The City Manager To Execute Amendment No. 5 With The Southeast Texas Regional Planning Commission (SETRPC) For An Extension Of The Grant Period For The Social Services Block Grant 3 AGENDA NOVEMBER 4, 2008 VI. CONSENT AGENDA -CONTINUED (3) P. R. No. 14936 - A Resolution As It Pertains To A Partnership Between The Legal Department's Community Prosecution Program And Port Arthur Weed And Seed To Facilitate The Expansion Of The Fall 2008 G.E.D. Program (4) P.R. 14945 - A Resolution Authorizing The 2nd Year Renewal Between The City of Port Arthur And Park Avenue Cleaners Of Port Arthur In Area "A" And Quality Cleaners Of Port Arthur In Area "B" For The Cleaning Of Police Uniforms For The Estimated Amount of $36,000 Annually, Funds Will Be Allocated From Account #001-1101-521.26-00. (5) P. R. No. 14946 - A Resolution Authorizing The City Manager To Execute Change Orders No's. 1, 2 And 3, Increasing The Scope Of Services For The Contract Between The City Of Port Arthur And Thomas Sheppard, D.B.A. Stonewater, Inc., For Housing Reconstruction Activities, Account Number 108-2141-626.59-00, Project HE0502 (6) P. R. No. 14958 - A Resolution Authorizing The City Of Port Arthur To Support A Comprehensive Selective Traffic Enforcement Grant (S.T.E.P.) In The Amount Of $49,023.73 With A Cash Match By 'The City Of Port Arthur In The Amount Of $9,516.80 (Account No. 001-1101-521.92-00) (7) P. R. No. 14960 - A Resolution Encouraging The City Of Port Arthur's Mock Trial Team In Its Participation In The Southeast Texas Mock Trial Competition Sponsored By The Jefferson County Bar Association (8) P. R. No. 14963 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $23,530.15 Made Against Fidelity National Insurance Company As A Result Of The Flood Damage To The YMCA (6760 9t" Avenue) (9) P. R. No. 14964 - A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On About 18.0 Acres Of Land Out Of 58.2 Acres Described As Lots 1-3, 8 Blk 14 Range "L," Lots 4 & 5, Blk 14 Range "K", P.A.L.C.0., Port Arthur Land Company And Rescinding Resolution Number 07- 316 (10) P. R. No. 14965 - A Resolution Authorizing The City Manager To Execute Any And All Documents As It Pertains To Accepting The GameTime Fighting Obesity Through Play Grant GO-8P2 301-1601-591.89-00 (11) P. R. No. 14966 - A Resolution Awarding A Bid To United Roofing Of Bryan, Texas For The Repair Of The Roof At The J. 6. Matthews Center For An Amount Not To Exceed $6,420. Project Number IKEJBM Account Number 121-2300- 901.32-00 4 AGENDA NOVEMBER 4, 2008 VI. CONSENT AGENDA - (Continued) (12) P. R. No. 14967 - A Resolution As It Pertains To The Section 125 Flexible Benefits (Cafeteria) Plan (13) P. R. No. 14971 - A Resolution Awarding A Bid To United Roofing Of Bryan, Texas For The Repair Of The Roof At The Department Club For An Amount Not To Exceed $18,200. Project Number IKEDE Account Number 121-2300-901.32- 00 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P.R. No. 14968 - A Resolution Amending Article VI Of The Articles Of Incorporation Of The Port Arthur Housing Finance Corporation (2) P. R. No. 14959 - A Resolution Authorizing The City Manager To Execute Amendment No. 2 To The Agreement Between The Pleasure Island Commission, Aquila Golf, And The City Of Port Arthur (3) P. R. No. 14962 - A Resolution As It Pertains To Logan Park B. Ordinances (1) P. 0. No. 5944 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2008 And Ending September 30, 2009 As To Fund Additional Staff In The Municipal Court (2) P. 0. No. 5946 - An Ordinance As It Pertains To The Greenway Points Estate Subdivision (3) P. 0. No. 5948 - An Ordinance Designating December 26, 2008 As A Legal Holiday 5 AGENDA NOVEMBER 4, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT C. *Re~orts And Recommendations (1) Report On Debris Pickup (2) Report On Proposed Commercial Standards (3) Report As To The Zoning Regulations Prohibiting Parking On Front Yards Per Section 8-106 Of The Zoning Ordinance And Composition Of Driveways Per Section 8-101 Of The Code Of Ordinances (4) August, 2008 Financial Statement *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 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 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 6 AGENDA NOVEMBER 4, 2008 IX. *CLOSED MEETING (EXECUTIVE SESSION) (Continued) Closed Meeting: (1) Section 551.087 Government Code ~- To Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects (2) Section 551.072 Government Code - To Discuss The Value Of Land In The City's ETJ (3) Section 551.072 Government Code -- To Discuss The Value Of Land Adjacent To 9t" Avenue (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Pay Disputes During Hurricanes And Storms (5) Section 551.071 Government Code -~ To Discuss With The City Attorney Potential Litigation As To Sidewalks (6) Section 551.071 Government Code -~ To Discuss With The City Attorney Potential Litigation As To Police Pay Issues (7) Section 551.071 Government Code -- To Discuss The Value Of Land At The City Of Port Arthur Section 4A Economic Development Corporation Business Park *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. AD]OURNMENT OF MEETING 7 RULES OF DECORUM -PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Dicer: No person shall'address the Coundl 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. Ail 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 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 Refenencaes, Disono/erly Conduct By Person Addressing The Coundl; Any person making, expressly or impiiedly, 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. AddressesAA~er Motion Made or Pu/i/ic Hearing C/c~sed, Aftthr 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 the matter under consideration without first securing permission to do so by majority vote of the City Coundl. • 3. 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 to run, or issue already ordered on a ballot for election. 6. Disorrder/y Conduct 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 oMer of the meeting. 7. LimKaiions 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 Coundl proceedings and/or discomfort to the public. 8. Persons Having Comp/ainL~, .4/legations, o~ Charges Against Individual City Ernp/oyee~ No person shall make any complaint, specific allegation, or charge against,an individual CIty.Employee byname In a.public meeting unless he.frrst 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 disturbing the meeting, such Officer may order film th remove himself from the meeting. If he 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 Coundlmember may move to require the Presiding Officer to enforce this division, and the affirmative vote of a majority of the Coundl 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 wntaining ail business to be discussed at a meeting of the City Coundl. • Persons Reauestina r~ ge Hea On Agenda lfems (i) 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. Soed>ic Agenda Items After a motlon, 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 1n 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 spedfied on the Notice of Meetlng posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council. .