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HomeMy WebLinkAboutMARCH 24, 2009 REGULAR MEETINGDELOR[S `BOBBIE" PRINCE, MAYOR JACK CHATMAN, JR., MAYOR PRO TEM COUNCIL MEMBERS: ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT' E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON AGENDA City Council Regular Meeting March 24, 2009 8:30 a.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI ]HANKS ACTING C fTY SECRETARY MAlf2K T. SOIti:OLOW CITY ATTIDRNEY In compliance with the Americans With Disabilities Act, the City of Part Arthur will provide for reasa~nable accommodations for persons attending City Council meetings. To better serve you, requests should be recei~~ed 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 24, 2009 8:30AM PLEASE TURN OFF OR MUTE ALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem C;hatman Councilmember Segler Councilmember Albright III Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Wise Councilmember Henderson City Manager Fitzgibbons City Secretary Hanks City Attorney Sok.olow Sergeant At Arm;>: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes February 23, 2009 Special Meeting February 24, 2009 Regular Meeting February 27, 2009 Joint/Special Meeting March 10, 2009 Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Keri Cavaretta Regarding Speeding And Neighborhood Concerns O~n Brazos Avenue (2) Gene Hardy Regarding Dump Truck Traffic On Lake Arthur Drive B. Presentations None AGENDA MARCH 24, 2009 III. PETITIONS & COMMUNICATIONS -CONTINUED C. Correspondence (1) Certification Of Candidates (2) Disqualification Of Petition For November 2008 Special Election IV. PUBLIC HEARINGS - 9:00 AM None V. UNFINISHED BUSINESS The following Items Of Business Were Held From The Previous Meeting At V~/hich 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 Mennber C)r Members "fo The Library Board VI. CONSENT AGENDA NOTICE TO THE. PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Hays 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 Vo1:e Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdr<~wn For Individual Consideration In Its Normal Sequence After The Items Not R~.equirin~g Separate Discussion Have Been Acted Upon. A. Consideration And Approval Of Awarding A Quote To Tommie Vaughn Motors In The Amount Of $21,317 For The Purchase Of A 2009 Ford ExplorE:r Sports Utility Vehicle For The Planning Department B. Consideration And Approval Of Awarding A Bid To Hertz Equipment Rental Corporation In The Amount Of $18,500 For The Purchase Of A Ne~n- Heavy- Duty JLCa Platform Scissor Lift (Model #3246ES) For The Transit Department C. Consideration And Approval Of Awarding A Contract To Huffman Construction In The Amount Of $4.74/CY For Supplemental Debris Collection ~ServicE~s Throughout The City 2 AGENDA MARCH 24, 2009 VI. CONSENT AGENDA -CONTINUED D. Consideration And Approval Of Awarding A Quote Ta AED Professionals/General Medical Devices, Inc., In The Amount Of $11,990 For The Purchase Of Ten (10) Automatic External Defibrillators & Accessc-ries For The Fire Department E. Consideration And Approval Of Awarding A Bid To Thyssenkrupp EIE~vator In The Amount Of $5,940 For A 36-Month Hydraulic Elevator Maintenance Plan For The Water Purification Plant F. Consideration And Approval Of The Purchase Of A Voice Recorder System From Voice Print International (HGAC Contract) In The Amount Of $79,300 For The Police/Fire Dispatch Center. The Southeast Texas Regional Planning Commission Will Reimburse $25,000 Toward The Equipment Pluis $1,500 Toward Installation G. Consideration And Approval Of Awarding A Bid To Overhead Door In The Amount Of $29,741 For Various Door Repairs (Damaged By Hurricane Ike) At The Main And Port Acres Waste Water Treatment Plants H. Consideration And Approval Of Awarding A Bid To SKR Construction In The Amount Of $7,120 For Various Repairs (Damaged By Hurricane Ike) To Thee Garage/Warehouse Building At The Main Waste Water Treatment Plarit Consideration And Approval Of Awarding A Bid To City Fence In The Amount Of $6,900 And Brinkley Property In The Amount Of $18,950 For Fencing (Damaged' By Hurricane Ike) At Various Utility Operations Department, Sites Consideration And Approval Of Confirming A Payment To Southeast Service Co. In The Amount Of $15,543.24 For Air Conditioning Repair WorN: At Thee Recreation Center K. Expense Reports: Mayor Deloris "Bobbie" Prince: Attended NLC Congressional City Conference, Washington, D.C. March 13-18, 2009 $2,935.81 Councilmember Morris Albright, III: Attended Golden Triangle Days, Austin, TX March 1-3, 2009 $ 945.68 Councilmember Tom Henderson: Attended Golden Triangle Days, Austin, TX March 1-3, 2009 $ 825.45 AGENDA MARCH 24, 2009 VI. CONSENT AGENDA -CONTINUED City Manager Steve Fitzgibbons: Attended Golden Triangle Days, Austin, TX March 1-3, 2009 9>590.82 City Attorney Mark T. Sokolow: Hearing For Square Mile Energy Litigation & Meeting Regarding Other Potential and Pending Litigation, Beaumont, TX March 17, 2009 $ 18.4~i Resolutions -Consent (1) P. R. No. '15123 - A Resolution Approving A Previously Authorized Agreement By The City Manager With SCS Engineers Of Bedford, Texas To Inwestigai:e Groundwater Exceedences At The City Landfill For The Amount Of :613,800; Funding Being Available In Account 403-1274-533.54-00 (2) P. R. No. 15144 - A Resolution Authorizing The City Manager To Enter Into A Professional Services Contract With Employees Benefit Solutions Inc. (EB;i) To Provide Administrative Services For The 2009 Retirees Drug Subsicly (RDS) Filing At A Cost Of $15,000.00 (3) P. R. No. 15145 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $338,335.95 Made Against Fidelity National Insurance Company As .4 Result Of The Flaod Damage To The Sabine Pass Fire Station #4 (4) P. R. No. 15147 - A Resolution Authorizing Texas Gas Service To Install A Gas Pipeline Through The City Of Port Arthur Property Located In Lot 5, Block 7, Range H, Port Arthur Land Company, Jefferson County, Texas (5) P. R. No. 15151 - A Resolution Authorizing Advertising For (Bids 1'0 Reconstruct 39t" Street (6) P. R. No. 15152 - A Resolution Authorizing The City Manager To ExE:cute Pin Agreement With SCS Engineers Of Bedford, Texas To Provide Engineering Design Far The Reconstruction Of The Landfill Levee Damaged By Hlurricarie Ike For The Amount Of $39,800; Funding Being Available In Project IKELIF, 121-2300-901.54-00 (7) P. R. No. 15153 - A Resolution Authorizing The City Manager To Accept A Reimbursement In The Amount Of $72,509.30 From The Texas Department Of Transportation For The Pedestrian Trail (Boardwalk Extension) Project Arid Closing The Project AGENDA MARCH 24, 2009 VI. CONSENT AGENDA -CONTINUED (8) P. R. No. 15154 - A Resolution Awarding A Bid To Americlear Pool & Spa, LLC Of Port Arthur, Texas For Replastering Of The Recreation Center Pool And Mosley Pool In An Amount Not To Exceed $56,898.00 Account Number 0011- 1207-531.39- 00 (9) P. R. No. 15155 - A Resolution Awarding A Contract To The Lowest Responsible Bidder And Authorizing The Execution Of The Contract For Janitorial Services To Y & M Cleaning Services Of Port Arthur, Texas For The Parks And Recreation Department In The Amount Of $24,804.00 For An Initi<~I One (1) Year Period With An Option To Renew For Up To Two (2) A~ddition<31 Years At The Original Bid Amount. Account No. 001-1402-551.32-00 (10) P. R. No. 15156 - A Resolution Accepting A Water Utilities Easement From Madison C;learview Port Arthur, LP For The Construction, Installation, Layinca, And Maintaining Of Water Utilities In The City Of Port Arthur (11) P. R. No. 15157 - A Resolution Authorizing The City Manager To Renew The Contract For Fuel Dispensing With Fuelman Of Beaumont, Texas (12) P. R. No. 15158 - A Resolution Authorizing The Purchase Of Flood Coverage Through Fidelity National Insurance Company In The Amount Of $25,260.Oi0 Per Annum (13) P. R. No. 15159 - A Resolution Authorizing The Purchase Of Cornmerci~al Windstorm Coverage In The Amount Not To Exceed $499,714 Per Annum (14) P. R. No. '15160 - A Resolution Authorizing The City Manager To Do All Thincls Necessary To Execute Settlement Of The Property Damage Clairrr In Tree Amount Of $13,251.76 Made Against Juan Santiago Ortiz And Bristol West Insurance Group (15) P. R. No. 15161 - A Resolution Authorizing The Mayor And City Manager 1"0 Apply For The Recovery Act Edward Byrne Memorial Justice As;sistanc;e Grant From The Department Of Justice In The Amount Of $201,567 (16) P. R. No. 15165 - A Resolution Authorizing A Contract With JLaday Construction In The Amount Of $7,885.00 For Repairs To The Concession Stands At Roy O'Neil And Dr. U. G. Gibson Fields, Respectively, Located .4t Adams Park [3401 60th Street] Acct No. 121-2300-901.39-00 IKEADM AGENDA MARCH 24, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15107 - A Resolution Rescinding Resolution 08-482 And Authorizing The Execution Of An Installment Agreement Between The City Of Port Arthur And Arthur Square Apartments, LP, A Nevada Limited Partnership (Successor To Fairway Plaza, LLC By Conversion) And Authorized To Transact E3usines,s In Texas Under The Name 2006 Arthur Square Apartments, LP. (2) P. R. No. 15143 - A Resolution In Support Of Providing Residents With A,n Easy-To-Use Program (NLC Prescription Discount Card Program) 'To Help Save Money On Prescription Drug Purchases (Requested By Mayor Prince) (3) P. R. No. '15163 - A Resolution As It Pertains To A Survey By Professor EssE~r Of Lamar University (4) P. R. No. 15164 - A Resolution Rescinding Resolution No. 07-F-04 And Resolution No. 08-389 In Their Entirety And Accepting A Water Utiliiry Easement From LRG Legacy Senior Housing Of Port Arthur, LP 'For The Construction, Installation, Laying, And Maintenance Of Water Utilities In The City Of Port Arthur (5) P. R. No. 15148 - A Resolution As It Pertains To The Housing Of Prisoners And The Agreement With Jefferson County Thereon B. Ordinances (1) P. O. No„ 5990 - An Ordinance Authorizing The City Manager And City Attorney To Transfer Land (Parcels 2.1 And 2.3 Of Block 152) To The City Of Port Arthur Section 4A Economic Development Corporation (2) P. O. No. 5991 - An Ordinance Providing That Temporary Employees Hired Pursuant To The National Emergency Grant (NEG) Program Be Treated TI-ie Same As Direct Hire Temporaries For Hiring Purposes (3) P. O. No. 5992 - An Ordinance Authorizing The City Manager To Do All Thincls Necessary To Execute Settlement Of A Claim In The Amount Of $73,712.Fi0 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Commercial Garbage Truck: #1487' (4) P. O. NO. 5993 - An Ordinance Approving An Agreement Of Employment For Floyd Batiste As Chief Executive Officer Of The City Of Port Arthur Section 4~A Economic Development Corporation And Authorizing The City Council Of The City Of Port Arthur To Execute The Agreement Pursuant To The Bylaws AGENDA MARCH 24, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED C. *Reports And Recommendations (1) Report On Recovery Package & Hurricane Ike Recovery (2) Report On Weed & Seed Program (Requested By Mayor Pro Tem Chatman) (3) Alley Usage And Private/Public Responsibility (4) Report On The Frozen Step Program [Salary And Ranges] Of City Employees (Requested By Mayor Prince) (5) Report On Atlantic Road Speed Limits (Requested By Councilmember Beard) *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 Ei252-1;7, 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 ------------------------------------------------------------------ ------------------------------------------------------------------ (1) Section 551.087 Government Code - To Discuss Incentives For Corrimercial, Residential, And Industrial Business Prospects (2) Section 551.071 Government Code - To Discuss With The City Attorney Thee Potential Litigation As It Pertains To Silverspoon (3) Section 551.071 Government Code - To Discuss With The City Attorney Thee Pending Litigation As It Pertains To Worsham Vs. City And PIC 7 AGENDA MARCH 24, 2009 IX. *CLOSED MEETING (EXECUTIVE SESSION) -CONTINUED Closed Meeti (4) Section 551.071 - To Discuss With The City Attorney The Collection (Process And Potential Litigation As to Arrearages *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 ~NEMBERS 1. Recognition by Pres/ding Officer No person shall address the Council without first being recognised 6y the Presiding Officer. . 2. Speaking Procedure/ Limitation on discussion and questioning. Each person addressing the CoundG shall step up to the microphone provident for the use of the public and give Eris name and address in an audible tone of voice for the recoMs, state that subject he wishes to.discuss,•state whom he is representing iif he represents an organization or other person, and unless further time is granted by majority vote of the Council, sh<rll t'rrrrit 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, g enter into any discussion, whether directly ar through a member o the Council weithout the~'pe~rnr~s ono the Presiding Officer. ~ , :: 3. ~~ im ~ edl r Referencaes, Diwrderly Conduct By Per.~on Addressing The CoundP An :. . P Y, personal, impertinent, slanderous de _ ~ Y person making, expressly or willfully utters loud, threatening or abusive langt~rage, or engagese in anyrdisoordreprofane: remarks or who impede, disrupt, or disturb the orde NY conduct which would continues, may, at the discretion of thee Presid ng Officer, be ordered ba~idif~mm further audience "before the' Council during that Meeting. - 4• Addresses Af15er Motion Made or Pub/ic Hearing Closed After a motion has been made or a ,public hearing has been dosed, no member of thq public sha(I address the Coundl .from the audience on the matter under consideration without first securing. permission to do so by'majority vote of the City Council. 5. Campaign Speeches Prohibited. No persons will be allowed to address the speeches for or against any candidate who has announced ar does announce his intentic,n to run, om i~ssi~e already ordered on a ballot for election, 6. Disorderly Conduce No person in the audience shall engage in disorderly conduct such as hand) clapping, . stamping of feet, whisNing, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. LimKarions on Use of Supplements/ Lighiyng, Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of Gwndl proceedings and/or discomfort to the public. 8. Persons Having Comp/aln~~ Allegations, or Charges Against Individual C<ty Employees No (person a;hail make any rnmplaint, specific allegation, or charge against,an individual City.Employee byname irk a.publiic 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. Remove/. If, after receiving a warning from the Presiding Officer, a person persists in disturbing the rneeting,, such OfFcer 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 Enforces 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 The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all business th be discussed at a meeting of the City Council. Per ons Reauestina To B Neal On e••da Items 1 any matter •may. do so by notifying the City Seu'etary in acco danceidwith the Teexas Opendf4eetings~Law rl 2 Nonresidents. Any nonresident wishing to address the Council shalt notify the City Secretary and spE:cify his interest in the matter being considered. The City Secretary shall present such request to the Presiding Officer.tor approval before placing the name on the Agenda.. SeeciTc Agenda Items: After a motion, sernnd and discussion by the City Council on any spedfic agendas item, and before a vote is taken, the Presiding Officer shall recognize any dozen in the audience wishing to aiiidress~~the council on such item, who shall be permitted to address the Council thereon for a period of three (3) minutes. "Speciific Agenda Items~ are defined as any item specified 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.