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HomeMy WebLinkAboutJANUARY 27, 2009 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR JACK CHATMAN, JR, MAYOR PRO TEM COUNCIL MEMBERS: ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, IH MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON City of ort LJrthur Texas AGENDA City Council Regular Meeting January 27, 2009 8:30 a.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS ACTING CTfY 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 January 27, 2009 8:30AM PLEASE TURN OFF OR MUTE ALL CELL PHONES 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 January 07, 2009 Special Meeting January 13, 2009 Special Meeting January 13, 2009 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Cory Jenkins Regarding Practices Of The City's Animal Control Department (2) Lloyd Hebert And Kevin Morris Regarding Affordable Housing And Commercial Development B. Presentations -None C. Correspondence -None AGENDA JANUARY 27, 2009 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. 5960 - An Ordinance Amending Subsection (5) Of Section 66-3 (A) Of The Code Of Ordinances As It Pertains To Oil And Gas Leases 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 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 For Automated Garbage Trucks In The Total Amount Of $513,998.22 To BuyBoard (Through Hei/ Of Texas Of Houston) For Two 30-CY Rapid Rail Automated Side Loader Bodies ($275,770.22) And BuyBoard (Through Chastang's Bayou City Autocar) For Two Autocar WX64 Chassis ($238,228) B. Consideration And Approval Of Payment To A// Phase E/ectric Supp/y Company In The Amount Of $8,300.16 For Teri Acorn Globes And Three 13' Black Cast Iron Poles With 70W HPS Lamps & Globes To Repair/Replace Decorative Lighting Along Lakeshore Drive Which Was Damaged By Hurricane Ike C. Consideration And Approval Of Payment To Motoro/a In The Amount Of $52,617 For Upgrades To Re-Banded Radios For The Police, Fire And Public Works Departments D. Consideration And Approval Of Payment To Waukesha-Pearce /ndustries, /nc., In The Amount Of $5,050 For Rental Equipment Used For The 2008 City Streets Program E. Consideration And Approval Of Payment To Stewart& Stevenson In The Amount Of $17,348.07 For Repairs To Three Caenerators At The Water Purification Plant 2 AGENDA JANUARY 27, 2009 VI. CONSENT AGENDA. (CONTINUED) F. Consideration And Approval Of Payment To Summit E/ectric Supp/y In The Amount Of $11,627.88 For Three Adjustable Frequency Drives (Damaged By Hurricane Ike) For The Main And Port Acres Wastewater Treatment Plants G. Consideration And Approval Of Payment To Lansdowne-Moody Company, L.P., In The Amount Of $69,161.07 For The Purchase Of A Tractor And Mower (Replacing A Unit Damaged By Hurricane Ike) H. Consideration And Approval Of Payment To Pump & Power In The Amount Of $10,615 For Repairs To A Vertical 300HP Motor Which Was Damaged By Hurricane Ike Consideration And Approval Of Payment To ELSAG North America In The Amount Of $57,927.80 For The Purchase Of "Two Mobile License Plate Readers" Cameras J. Consideration And Approval Of Payment To PEMSCO In The Amount Of $8,200 For On-Site Repairs To The Clarifier Rake Arm At The Sabine Pass Wastewater Treatment Plant Which Was Damaged By Hurricane Ike K. Consideration And Approval Of Payment To American Safety & Environmental To Provide Supplemental Debris Collection Services Throughout The City (Due To Hurricane Ike) At A Cost Of $1.75 Per Cubic Yard L. Expense Reports: Mayor Deloris "Bobbie" Prince: U.S. Conference Of Mayors, Washington, D.C. January 16-19, 2009 $2,575.28 Councilmember Robert E. Williamson: Attended 2009 TxDOT Forum, Austin, TX January 5-7, 2009 $1,776.50 Acting Assistant City Secretary Sherri Bellard: Attended Texas Municipal Clerks Association Annual Election Law Seminar, Irving, TX January 11-14, 2009 $921.36 City Attorney Mark T. Sokolow: Attended Creditor's Meeting, Houston, TX January 9, 2009 $41.40 3 AGENDA JANUARY 27, 2009 VI. CONSENT AGENDA (CONTINUED) Resolutions -Consent (1) P. R. No. 15012 - A Resolution Awarding A Contract To K-T Construction, LLC Nn The Amount Of $24,050.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group B-t), To Be Charged To Account No. 106-1425-571.59-00, Project No. RITA01 (TDHCA Funds) (2) P. R. No. 15021 - A Resolution Awarding A Contract To Jamal Building In The Amount Of $16,600.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group D), To Be Charged To Account No. 106-1425-571.59-00, Project No. RITA01 (TDHCA Funds) (3) P. R. No. 15022 - A Resolution Awarding A Contract To Jamal Building In The Amount Of $13,902.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group A), To Be Charged To Account No. 106-1425-571.59-00, Project No. RITA01 (TDHCA Funds) (4) P. R. No. 15023 - A Resolution Awarding A Contract To Jamal Building In The Amount Of $13,324.00.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group B), To Be Charged To Account No. 106-1425-571.59-00, Project No. RITA01 (TDHCA Funds) (5) P. R. No. 15024 - A Resolution Awarding A Contract To Jamal Building In The Amount Of $13,560.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group C), To Be Charged To Account No. 106-1425-571.59-00, Project No. RITA01 (TDHCA Funds) (6) P. R. No. 15058 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lot 10, Block 24, Brice Addition (708 Abe Lincoln Avenue) And To Execute The Closing Documents (Project #CIP909, Account No. 303- 1601-591.81-00) (7) P. R. No. 15059 - A Resolution Authorizing The City Manager And The City Attorney To Purchase S 28' Of N 56' Of Lots 5-8, Block 5, Schmyser 3 Addition (Between W. 6t" And W. 7t" On Grannis Avenue) And To Execute The Closing Documents (Project #CIP909, Account No. 303-1601-591.81-00) 4 AGENDA JANUARY 27, 2009 VI. CONSENT AGENDA (CONTINUED) (8) P. R. No. 15060 - A Resolution Authorizing The Mayor Of The City Of Port Arthur To Execute An Aerial Waiver Permitting The Jefferson County Mosquito Control District To Fly At Low Altitudes Over The Territory Under The Jurisdiction Of The City Of Port Arthur (9) P. R. No. 15061 - A Resolution Accepting A Water Utilities Easement From Chicory Court -Brittany Place II, LLP For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (10) P. R. No. 15062 - A Resolution Accepting A Grant From Premcor/Valero In The Amount Of $25,000 For The Purpose Uf Improving City Parks (11) P. R. No. 15063 - A Resolution Authorizing The City Manager To Execute A Partial Release Of A Utility Easement In The City Of Port Arthur (12) P. R. No. 15066 - A Resolution Authorizing The City Manager And The City Attorney To Purchase N 28' Of S 56' Of Lots 5-8, Block 5, Schmyser 3 (607 Grannis Avenue) Addition And To Execute The Closing Documents (Project #CIP909, Account No. 303-1601-591.81-00) (13) P. R. No. 15067 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lot 35, Block 5, Schmyser 3 Addition (617 West 5t" Street) And To Execute The Closing Documents (Project #CIP909, Account No. 303- 1601-591.81-00) (14) P. R. No. 15068 - A Resolution Authorizing The City Manager And The Cit~r Attorney To Purchase Lot 9, Block 24, Brice Addition (Between W. 7t" And W. 8t On Lincoln Avenue) And To Execute "The Closing Documents (Project #CIP909, Account No. 303-1601-591.81-00) (15) P. R. No. 15069 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lot 36, Block 5, Schmyser 3 Addition (West 5t" Street) And To Execute The Closing Documents (Project #CIP909, Account No. 303-1601- 591.81-00) (16) P. R. No. 15070 - A Resolution Authorizing A Contract Between The City Of Part Arthur And TLSK Management Co. Of Port Arthur As The Third Party Concessionaire For The Operation Of The Robert A. "Bob" Bowers Civic Center Concessions (17) P. R. No. 15071 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of The Property Damage Subrogation Claim In The Amount Of $5,781.81 Made Against Grace Landers And State Farm Mutual Automobile Insurance Company AGENDA JANUARY 27, 2009 VI. CONSENT AGENDA (CONTINUED) (18) P. R. No. 15072 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $5,056.75 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As .A Result Of The Property Damage To City Police Vehicle #1646 (19) P. R. No. 15073 - A Resolution Authorizing The Execution Of A Contract For Professional/Technical Services Between The City Of Port Arthur And Carroll & Blackman, Inc. Acting Through Kim L. Carroll, P.E., President, For Certain Professional Engineering Services Related To The Texas Pollutant Discharge Elimination System Phase II Storm Water Discharge Permit In The Amount Of $8,893. Drainage Account No. 001-1204-531.84-00 (20) P. R. No. 15078 - A Resolution Accepting A Water Utilities Easement From Madison Clearview Port Arthur, L.P. For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15064 - A Resolution Appointing Or Reappointing A Member Or Members To The Housing Finance Corporation Board Of Directors (Requested By Mayor Pro Tem Chatman) (2) P. R. No. 15065 - A Resolution Appointing And/Or Reappointing A Member Ur Members To The Beautification Commission (Requested By Mayor Pro Tem Chatman) (3) P. R. No. 15075 - A Resolution As It Pertains To Rescinding Resolution No. 08- 177 As To Enable The City To Sell Or Lease Its Property On 4t" Street (4) P. R. No. 15076 - A Resolution Adopting A Ceremonial Street Naming Policy For The City Of Port Arthur (5) P. R. No. 15077 - A Resolution As It Pertains To The Permit Application Of Triangle Waste (6) P. R. No. 15080 - A Resolution Supporting A Census Committee To Be Appointed By The Mayor In Support Of The 2010 Census B. Ordinances (1) P. O. No. 5970 -An Ordinance As It Pertains To ICON Builders, LLC 6 AGENDA JANUARY 27, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT (CONTINUED) (2) P. O. No. 5972 - An Ordinance Amending Section 22-161 Of The Code Of Ordinances As It Pertains To Metal Recycling Facilities C. *Reports And Recommendations (1) October, 2008 Financial Report (2) Partnership With The City Of Houston For Economic Development Administration Application For Investment Assistance *The City Council Can Act On Any Of The Above Reports And Recommendations As 7'0 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 Closed Meetina: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation Against Williams & Rao, LP (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Bell Street And Drainage (3) Section 551.071 Government Code -- To Discuss With The City Attorney The Pending Litigation As It Pertains To Pleasure Island (4) Section 551.087 Government Code - To Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects 7 AGENDA JANUARY 27, 2009 IX. *CLOSED MEETING (EXECUTIVE SESSION) -CONTINUED (5) Section 551.074 Government Code - To Discuss The Evaluation Of The Responsibilities And Duties Of The Acting City Secretary (Requested By Mayor Prince) (6) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To Square Mile Energy (7) Section 551.074 Government Code - To Discuss The Duties And Responsibilities Of The City Manager Related To Personnel Matters *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 8 RULES OF DECORUM -PERSONS ADDRESSING COU-NCIL & 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 Coundl shall step up to the micropfione 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 tadiswss,~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 1'rmit his remarks to five (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 fine Council and the person having the floor shall be. permitted to enter into any discussion, whether directly.or throngfl 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 ordeHy 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 Puff/ic He~aring Go~ser/. After a motion has been made pr 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 so by'majority vote of the City Coundl. 3. Campaign Speeches Prohibited. No persons will be allowed to address the C.rty Council by making campaign speeches for or against any candidate who has announced or does announce his inthntion to 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 language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supplemental 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 Complaints, A!/egations, or Charges Against Individual City Employees. No person shall make any complaint, specific allegation, or charge against.an individual City.Employee byname 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 Removes/. If, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such Officer may order film to 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 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 Reouestina To Be /,/~~ en ~laenda 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.. SveNtic Agenda Item. 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. .