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Home My WebLink About03-10-09 REGULAR MEETINGDE':LORIS "BOBBIE" PRINCE, MAYOR JACK CHATMAN, JR., MAYOR PRO TEM COUNCIL MEMBERS: ELIZABETH "LIL" SEGLER MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON AGENDA City Council Regular Meeting March 1.0, 2009 5:30 p.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS ACTING C'TI'Y SECPUETARY 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 March 10, 2009 5:30PM PLEASE TURN OFF OR MUTE ALL CELL PHONES I. INVOCATNON, PLEDGE & ROLL CALL Mayor Prinoe Mayor Pro Tem Chatman C;ouncilmerriber Segler C:ouncilmember Albright III C;ouncilmerriber Flood C;ouncilmerriber Beard C:ouncilmerriber Williamson C;ouncilmerriber Wise C:ouncilmerriber Henderson City Manager Fitzgibbons Acting City Secretary Hanks City Attorney Sokolow Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes February 10, 2009 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers Ellis W. Allen Of The Beautification Commission Regarding April 4, 2009 Yearly Trash Off In Combination With The One Block At A Time Project E3. Presentations (1) Presentation By Director Of Finance Rebecca Underhill And Edwards Arid Fontenote, CPA's, LLP, Of The Comprehensive Annual Financial Report For The City Of Port Arthur, Year Ending September 30, 2008 (2) Eddie Durham, Godfrey And Phyllis Charles Regarding Safe And Drug Free School Summiir AGENDA MARCH 10, 2009 III. PETITIONS & COMMUNICATIONS -CONTINUED C. Correspondence Receipt Of Port Arthur Convention And Visitors Bureau 2007-2008 Financial Audit IV. PUBLIC HEARINGS - 7:00 PM None V. UNFINISHED BUSINESS T'he following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: ('1) P. R. No. 15115 - A Resolution As It Pertains To Members Of The Pleasure Island Commission (2) P. R. No. 15118 - A Resolution Appointing/Reappointing A Member Or Members T'o The Library Board VI. CONSENT AGENDA NOTICE TO~ THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. "the Council Has Been f=urnished 1~Nith 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, Iln 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 Awarding A Bid To The Following Vendors: Pencco, Inc., Altivia Corp., DXI Ind., Sterling Water & Therchem For Water Treatmeint Chemicals For The Utility Operations Department E3. Consideration And Approval Of Awarding A Bid To Siemens Water Technologies In The Estimated Amount Of $283,000 For Sodium Chlorite For The Utility Operations Department C;. Consideration And Approval Of Awarding A Bid To Moody Brothers, Inc., In Tree Amount Of $18,850 For A Chlorination System For T'he Utility Operations Department AGENDA MARCH 10, 2009 VI. CONSENT AGENDA -CONTINUED D. Consideration And Approval Of Payment To Kinloch Equipment And Supply, Inc., In The Amount Of $7,904.36 For Repairs To A 1993 International Vactor Truck (Equipment #986) For The Public Works Department E:. Consideration And Approval Of Payment To Crane Tech, Iric., In The Amount Of $16,725.08 For Repairs To A 2006 Ford F-450 Bucket Truck (Equipment: #1613) For The Public Works Department F. Consideration And Approval Of Payment To AMPAN Business Systems, Inc., In The Amount Of $8,045 For The Purchase Of A Copier And AOne-Year Maintenance Agreement For The Legal Department Ca. Consideration And Approval Of Payment To HGAC (Through Houston Freightliner) In The Amount Of $80,982 For The Purchase Of A 2010 14C'Y Dump Truck For Thee Landfill H. Consideration And Approval Of Payment To The National Urban Technology Center In The Amount Of $7,275 For The Purchase Of Computer Hardware For The Port Arthur Weed And Seed Program Consideration And Approval Of Payment To Trey's Lawn Service In The Arnount Of $1,436.81 For Mowing Privately-Owned And City-Owned Vacant Property In Area A-1 J. Expense Reports:. Mayor Deloris "Bobbie" Prince: Attended Golden Triangle Days, Austin, TX March 1-3, 2009 $816.7'0 Councilmember Elizabeth Segler: Attended Golden Triangle Days, Austin, TX March 1-3, 2009 $1,144.57 Councilmember Robert E. "Bob" Williamson: Attended Golden Triangle Days, Austin, TX March 11-3, 2009 $1,311.C19 Acting City Secretary Terri Hanks: Attended Golden Triangle Days, Austin, TX March 11-3, 2009 $974.C10 AG EPA DA MARCH 10, 2009 VI. CONSENT AGENDA -CONTINUED Resolutions -Consent (1) P. R. No. 15128 - A Resolution Authorizing The City Contract With Alpha-Lee Enterprises, Inc., Regarding Th Display. Total Cost Of The Contract Is $14,800 (Account M99901) (Requested By City Manager) Manager To Execute A ;July 4, 2009 Firework;s No. 001-1003-5'I 2.59-0~0 (2) P. R. No. 15129 - A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And Tornahawk Lawn Service For Group "1" In An Amount Not To Exceed $10,350.00; Said Annual Contract Its For Mowing Various City Properties, Parks And Right-Of-Ways In The City; Estimated Annual Cost $10,350.00 Proposed Funding: Parks Division, f=Y 2009 Budget Account No. 001-1207-531.31-00 (3) P. R. No. 15130 - A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And Seymour Enterprises For Groups "2", "3A", "3B", "5", "9", And "10" In An Amount Not To Exceed $89,340.; Said Annual Contract Is For Mowing Various City Properties, Parks And Right-O~f- Ways In The City; Estimated Annual Cost $89,340 Pro~>osed Fundinca: ParN;s Division, FY 2009 Budget Account No. 001-1207-531.31-00 (4) P. R. No. 15131 - A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And Tre}r's Tractor Service For Groups "6", "11", & "12" In An Amount Not To Exceed $36,360; Said Annual Contract Is For Mowing Various City Properties, Parks And Right-Of-Ways In Tree City; Estimated Annual Cost $36,360 Proposed Funding: Parks Division, IFY 2009 Budget Account No. 001-1207-531.31-00 (5) P. R. No. 15132 - A Resolution Authorizing The City Manager To E~;ecute A Professional Services Contract With Retail Merchants Association To Provide Collection Services Related To Delinquent Accounts (6) P. R. No. 15134 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts AGENDA MARCH 10, 2009 VIN. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A,. Resolutions (1) P. R. Na. 15099 - A Resolution Authorizing The City Manager And The City ,Attorney To Purchase Lot 45, Block 2, Schmyser 3 Addition (509 West 6t" Street) And To Execute The Closing Documents (Project #CIP909, Account No. 303-1601-591.8"I- 00) (.'?) P. R. No. 15126 - A Resolution Approving The Payment Of An Invoice For Entergy Texas, Ilnc. In The Amount Of $142,802.92 For The Future Installation Of Three Underground Switch Cabinets At The Spur 93 Business Park Located At !555 V~/. Port Arthur Road (3) P. R. No. 15136 - A Resolution Pertaining To The Terms Of Employment Of Stephen Fitzgibbons As City Manager And Authorizing The Mayor To E~:ecute A New Agreement Pursuant To Article V, Section 1 Of The City Charter (Requested By Mayor Prince) (4) P. R. No. 15137 - A Resolution Pertaining To The Terms Of Employment Of Mark Sokolow As City Attorney, And Authorizing The Mayor To Execute A New Agreement Pursuant To Article VI, Section 1 Of The City Charter (Requested e~y Mayor Prince) (5) P. R. No. 15138 - A Resolution Pertaining To The Appointment Of The City Secretary Pursuant To Article VII, Section 1 Of The City Charter (Requested By Mayor Prince) (6) P. R. No. 15139 - A Resolution Pertaining To The Appointrent Of The Assistaint City Secretary Pursuant To Article VII, Section 3 Of The City Charter (Requested By Mayor Prince) ('7) P. R. No. 15140 - A Resolution As It Pertains To Creating A Committee As It Pertains To The Cultural Lighted Holiday Parade (Requested By Mayor Prince) (8) P. R. No. 15141 - A Resolution Approving An Award Program As It Pertains To Reporting Persons That Dump Tires And Other Litter (9) P. R. No. 15135 - A Resolution As It Pertains To Setting Public Hearings As To The DisannE;xation Of Property As Requested By The City Of Groves AGENDA MARCH 10, 2009 VIN. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED B. Ordinances (1) P.O. No. 5974 - An Ordinance As It Pertains To Appointing A Presiding Judge Of The Counting Station, Alternate Presiding Judge Of Tlhe Counting Station, Tabulai:ion Supervisor, Ballot Production Specialist, Counting) Station Manager And Deputy Counting Station Manager For The May 9, 2009 General And Speci<~I Elections Un estatuto que concierne designar a un Encargado de Estacion de Conteo, Supervisor de Tabulacion, Juez que Preside la Estacion de Conteo y JuE~z Alternativo que Preside la Estacion de Conteo para las Elecciones Generales y Especiales del 9 de mayo, 2009 (2) P. O. No. 5975 - An Ordinance Designating The Early Voting Ballot Board, Depui:y Early Voting Clerks, And The Election Day Presiding Judges, Alternate Presiding Judges ,And Clerks, For The May 9, 2009 General And Special Election Un Estatuto que Denomina a Empleados de Oficina de Votaci~5n Anticipada y Jueces del Dia de Eleccion, para las Elecciones Generales y Especiales del 9 de mayo, 2009 Y Bajo los Terminos de Eleccion (3) P. O. No. 5989 - An Appropriation Ordinance Amending The Budget For Tkie Fiscal Year Beginning October 1, 2008 And Ending September 30, 2009 As To Providle Additional Funding For Job Training Programs, Award Program Related To Thee Reporting Of Illegal Dumping, And Equipment C;. *Reoorts And Recommendations (1) Novemk~er & December, 2008 Financial Reports (2) 2009 CDBG Allocation Recommendations (3) Report On The Criteria Governing Grass Cutting Evaluations And Inspections (Requested By Mayor Pro Tem Chatman) (4) Report On Stimulus Package *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 MARCH 10, 2009 IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Items For Future Agenda Consideration Or Reports From Staff N1ay Be Requested But No Discussion Of Any Item Or Request Shall Take Place X. ADJOURNMENT OF MEETING NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On March 11, 2009. During Tree Recess, No Action Will Be Taken On Any Item Of Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, All In Accordance With Trie Open Meetings Law RULES OF DECORUM -PERSONS ADDRESSING COl-J~NCIL & AUDIENCE MEMBERS 1. Recognition by Presiding D~cw; No person shall address the Council without first being recognised by the Presiding Officer. . 2. Speaking Procedure; Limitation on discussion and questioning. Each person addressing the Coundl- shall step up to the microphone provided for the use of the ublic and voice for the recoMs, state.that subject he wishes tpo_discuss,•s-gtate whom he isnrepdresenting if he reprlesen~ an organization or other person, and unless further time is granted by majority vote of the Council, sh<rll limit his remarks to five (5) minutes. Ail remarks shall be addressed to the Coundl as a whole and not to arny member thereof. No person other than members of the Coundl and the person having the floor shall be enter into any discussion, whether dir'ectlyar throagfl a member of the Council, without the.penmL~ss on o~f'the Presiding Officer. ~ - ~ := 3. .. Impr;vper References, DisorrlerJy Conduct By Person Addn°ssin The CouncJP An . impliedly, personal, impertinent, slanderous de g ~ Y person making, e~q~ressly or willfully utters loud, threatening or abusive lang~ge, or engagese in anyidisordeprofanr. -remarlks or who impede, disrupt, or disturb the orderly conduct, the order, by the Presiding Officer, and i~su h conduct continues, may, at the discretion of the presiding Officer, 6e ordered barred from further audience before the' Council during that Meeting. . 4. Aildr~esses ARSer Motion Made or Public Hearing Closed, After a motion has been made pr a public hearing has been dosed, no member of thq public shall address the Coundl .from tl~e audience on the matter under consideration without first securing permission to do so by'majority vote of the City Council. 3. Campaign Speec%, Prohibited. 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 r'wn, or issue already ordered on a ballot for election. 6. Disorderly Conduct No person in the audience shall engage in disorderly conduct such as hancl dapping, - stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Llmitafions on Use of Supp/emenfa/ 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 Ha~ving Comp/alnfs, A/legations, or Charges Against Individual Cit}r Einp/oyeex. No person ;shall make any complaint, specific allegation, or charge against.an individual City.Employee byname i;n a_public meeting unless he•.frst shows that he has pursued appropriate administrative channels. ~ - . ENFORCEMENT OF DECORUM Warning. All persons shall at the request of the Presiding Officer; be silent. Ramous/. If, after receiving a warning from the Presiding Offset, 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 viiolating 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 r ' 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 T Be Heard en dgenda Itemg (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 shat! present such request to the Presiding Officer.foc apprv~val before placing the name on the Agenda.. Seeclfie Agenda Items, After a motion, second and discussoot* by the City Coundl 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 spedfied on the Notice of McSeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council