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HomeMy WebLinkAbout04.21.09 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR JACK CHATMAN, JR., MAYOR PRO TEM COUNCIL MEMBERS: ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBER'C F:. W[LLIAMSON D. KAY WISE THOMAS J. HENDERSON C.i1ti' of ©rt rthur ~f'.kCt.ti AGENDA City Council Regular Meeting Apri121, 2009 8:30 a.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS 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. City Council Meeting City Hall Council Chamber City Of Port Arthur April 21, 2009 8:30AM PLEASE TURN OFF OR MUTE ALL CELL PHONES INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Chatman Councilmember Sealer Councilmember Albright III Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Wise Councilmember Henderson City Manager Fitzgilbbons City Secretary HanHs City Attorney Sokolow Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes III. PETITIONS & COMMUNICATIONS A. beakers, Elias Hernandez And Kevin Jorinson Regarding Letting The Voters Decide O~n A Possible Licensing Of A Casino In Texas B. Presentations (1) Dr. Albert Thigpen Regarding Recognition Of Students In The Student Day In Government Program (2) Yoshi AIE~xander, Dr. Albert Thigpen, Ernestine Wade, R.N., And Janet Hamilton, R.N., Regarding The 12`" Annual Health And Wellness Conference - "I AM A SURVIVOR!" -Coping, Surviving, And Rising Above Disaster ~-May 01, 2009 C. Correspondence AGENDA APRIL 21, 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. 6000 - An Ordinance Approving An Agreement Of Employment For Floyd Batiste As Chief Executive Officer Of The City Of Port Arthur Section 4A Economic Development Corporation And Authorizing The City Council Of The City Of Port Arthur To Execute The Agreement Pursuant To The Bylaws VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following ItE~ms 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 For The Purchase Of Additional Emergency Lighting From Emergency Vehicle Equipment Company In The Amount Of $5,069.07 (Donation From Patel, Ir~c.) For Police Department Traffic Units B. Consideration And Approval Of Awarding A Bid To HD Supply In The Estimated Amount Of $63,336.91 For Repair Clamps Four The Utility Operations Department C. Consideration And Approval Of Awarding The Following Bids For The Utility Operations Department: Large Meter Vaults To Coburn's Supply; Small Meter Boxes & Lids To HD Supply; Traffic-Rated Small AMR Boxes Arrd Lids To Southeastern Distributors D. Consideration And Approval Of Awarding A Bid To Energy Country Ford In The Amount Of $19,939 For The Purchase Of A Ford Explorer SUV For Code Enforcement E. Consideration And Approval Of A Subscription Advertisement Renewal In The Amount Of $6,000 With EI Perioo Spanish Newspaper For A Twelve Month Period (March, 2009 -February 2010) AGENDA APRIL 21, 2009 VI. CONSENT AGENDA -CONTINUED F. Consideration And Approval Of Payment To Lamar Institute Of Technology In The Amount Of $5,013.06 For Tuition Fees For The Fire Academy And The EMS Academy G. Consideration And Approval Of Awarding A Bid To Double V'/ Services In The Amount Of $29,000 For Repairing/Refurbishing Commercial Refuse Containers For The Public Works Department (Solid Waste Division) H. ExpensE Reports: Councilmember Dawana Kay Wise: Attended National League Of Cities Conference, Washington, DC March 11-17,2009 $ 3,164.77 City Manager Steve Fitzgibbons: Attended A Business Meeting In Washington, DC March 31-April 2, 2009 $ 1,230.83 City Attorney Mark T. Sokolow: File Doc~uiment At Courthouse, Beaumont, TX April 13, :?009 $ 22.25 Resolutions -Consent (1) P. R. No. 15177 - A Resolution Authorizing The City Manager To Execute Two (2) Contracts Between The City Of Port Arthur And The Port Arthur American Little League Organization, For The Barbara Jacket Little League f=field At Barbara Jacket Park And Sal Grado Field At Pioneer Park (2) P. R. No. 15178 - A Resolution Authorizing The City Manager To Execute Two (2) Contracts Between The City Of Port Arthur And Bellaire Softball League Organization, For The Use Of Stephen's Field And Eli Stelly Baseball Fields On Cecil Reynolds Park (3) P. R. No. 15179 - A Resolution Authorizing The City Manager To Execute Three (3) Contracts Between The City Of Port Arthur And Port Acres Little League Organization, For The Use Of City Baseball Fields At Miguez, Pee Wee., And Eagles Field AGENDA APRIL 21, 2009 VI. CONSENT AGENDA -CONTINUED (4) P. R. No. 15191 - A Resolution Authorizing The City Manager To Execute A Contract Between The Port Arthur Hispanic Baseball League And The City Of Port Arthur For The Use Of Leger Baseball Field At Pioneer Park From April 21, 2009 Through November 30, 2009 (5) P. R. No. 15195 - A Resolution Accepting The Automatic Increase In Access L_iine Rates As Calculated By Public Utility Commission, As It Pertains "fo The Amount Of Revenues The City Will Receive And As It Pertains 'fo Their Allocation Of Rates For Residential, Non-Residential And Poinlr To Point Customers (6) P. R. No. 15196 - A Resolution Approving A Water And Sewer Adjustment To The Aquila Golf Babe Zaharias Account 51785-89620 (7) P. R. No. 15198 - A Resolution Authorizing An Application With The Texas Department Of Housing And Community Affairs (TDHCA) For The Implementation Of Newly Authorized Neighborhood Stabilization Program (NSP) A.s~ Authorized By The Housing And Economic Recovery Act Of 2008 (8) P. R. No~. 15199 - A Resolution Calling For A Public Hearing To Consider A Zoning Change "SF" (Single-Family) To "LC" (Light Commercial) For A For A Portion Of Lot #11, Block 1 And 12, Of Port Acres Addition, An Acre Lot Also Described As 6555 Jade Avenue (AKA Avenue B) In The Port Acres Addition, Port Arthur, Jefferson County, Texas (9) P. R. No.. 15204 - A Resolution Authorizing The City Manager To Make Application And Receive Funding Through The Recovery Act: 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program And To Execute ,An Interlocal Agreement With Jefferson County And The Cities Of Beaumont, Nederland, Groves, Port Neches In Order To Reallocate Justice Assistance Grant Funds In The Amount Of $818,795 With Recommended Funding In The Amount Of $171,332 Allocated To The City Of Port Arthur (10) P. R. No. 15205 - A Resolution Authorizing The Execution Of A Purchase Agreement With Voice Print International, Inc. For The Voice Recording System For The Police/Fire Dispatch Center AGENDA APRIL 21, 2009 VI. CONSENT AGENDA -CONTINUED (11) P. R. No. 15206 - A Resolution Authorizing The City Manager To Execute Three (3) Contracts Between The City Of Port Arthur And Port Arthur Pony League Organization, For The Use Of Senior, O'Neil, And Dr. U. G. Gibson Fields At Adams Park (12) P. R. No. 15208 - A Resolution Authorizing The Police Chief To Spend Up To $35,000 For The Purchase Of Three Patrol Dogs And The Training Of Three Canine Officers (13) P. R. No. 15214 - A Resolution Approving The 2009 City Streets Program In The City Of Port Arthur, With Funding Available In The FY 2009 General Fund Budget 001-1203-531.86-00 VII. ITEMS RECI!UIRINCy INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No.. 15124 - A Resolution Approving A Purchase Agreement With Margie Ferguson For An Easement (2) P. R. No„ 15125 - A Resolution Approving A Purchase Agreement With Jerry Norris For Tracts A And B Adjacent To Bell Street (3) P. R. No. 15200 - A Resolution As It Pertains To Retaining Dr. Hutchins For The Local Business Enterprise Program (4) P. R. No. 15201 - A Resolution Appointing A Committee As It Pertains To The Homeless Prevention Prograrri (5) P. R. No. 15202 - A Resolution Accepting A Water Utilities Easement From The Housing Authority Of The City Of Port Arthur For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (6) P. R. No. 15203 - A Resolution Authorizing Acceptance Of An Engineer's Certificate Of Completion Frorn Arceneaux & Gates Consulting Engineers, Inc., And A Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee From Brownstone Construction, Ltd For The Completion Of The Public Water System Improvements Serving Gulf Breeze II Apartments, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (7) P. R. No. 15207 - A Resolution Authorizing The Mayor To Sign A Letter Of Support To The Department Of Energy For The Terrabon Project AGENDA APRIL 21, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (8) P. R. No. 15210 - A Resolution Terminating The Contract For Emergency Services hlVith Orange County Emergency Services District No. 2 (9) P. R. No. 15213 - A Resolution Appointing Or Reappointing Members To The Board Of Directors Of The Port Arthur Health Facilities Development Corporation And Appointing Officers (10) P. R. Na. 15215 - A Resolution Authorizing An Agreement With Waters Consulting Group, Inc To Perform A Market Update And Analysis Of The City Of Fort Arthur's Wage And Compensation Plan At A Cost Not To Exceed $25,000. Account No. 001- 1041-516.54-00 (11) P. R. Na. 15216 - A Resolution As It Pertains To Retaining A Collection Firm (12) P. R. No. 15217 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, Contractor's Certificate And Release, And Contractors' CertificatE~ Of Guaranty For The Completion Of Public Improvements (Roads, Storm Sewers, Water System And Sanitary Sewers) To Serve Phase I ~~>f Vista Village And Authorizing The City Manager To Sign Certificate Of Acceptance B. Ordinances (1) P. O. Noy. 5987 - An Ordinance Amending Section 114-76 Of The Code Of Ordinances As It Pertains To The Issuance Of Taxicab Drivers Permits (2) P. O. No. 5998 - An Ordinance Maintaining The Rates To Be Charged By Texas Gas Service For Gas Service For Customers In The City Of Port Arthur, Texas; Finding That The Meeting Complies With The Open Meetings Act; And Declaring An Effective Date For This Ordinance (3) P. O. No. 5999 - An Ordinance Amending Section 10-164 Of The Code Of Ordinances As It Pertains To The Restraints Imposed On Pets, Providing For A Penalty Not To Exceed $500 Per Day, And Providing For Publication (4) P. O. No. 6002 - An Ordinance Amending Section 78-269 Of The Code Of Ordinances As It Pertains To Travel Expenses (5) P. O. No. 6003 - An Ordinance Amending Section 2-296 Of The Code Of Ordinances As It Pertains To Arrearages And Developers AGENDA APRIL 21, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT- CONTINUED C. *Reports ,And Recommendations (1) January ~ February, 2009 Financial Reports (2) Report Gn Hurricane Ike Recovery & Stimulus Recovery (3) Report ~)n The Availability Of Generators At The Texas Facilities Commission 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 I~ecords VIII. REPORTS OF BOARDS & COMMITTEES -None IX. *CLOSED MEETING (EXECUTIVE SESSNON) In Order To Corriply 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 551.07 -Personnel Section 551.076 -Security Personnel Or C)evices Section 551.087 -Deliberations Regarding Economic Development Incentives Closed Meetin (1) Section 551.087 Government Code - To Discuss Incentives For Commer<;ial, Residential, And Industrial Business Prospects (2) Section 551.072 Government Code - To Discuss The Value Of Land At Or Adjacent To Bell Street (3) Section Ei51.072 Government Code - To Discuss The Value Of Land In Sabine Pass Adjacent To Highway 87 (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Collection Litigation *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA APRIL 21, 2009 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 RULES OF DECORUM -PERSONS ADDRESSING COU-NCIL & AUDIENCE MEMBERS 1. Recognition by Presiding OH/Ger; No person shall°address the Council without first being recognized by the Presiding Officer. 2. Spea/dng Procedure; Limitation on discussion and questioning. fadt up to the microphone provided for the use of the ublic and person addressing the Coundi shall step voice for the records, state•that subject he wishes tpo.d'~scuss,~~te whoM he is repdresentieg if he rep Iresen~ an organization or other person, and unless further time is granted by majority vote of the Coundl, shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of ~ Coundi and the enter Into any discussion„ whether directly.or through a member off the Cound~ i1fi~ ~e~l ~' ~~i~ t° Presiding Officer. ~ ~ pernnission of the 3. .. Intpr+~perReleren `~:: ~. im lied ~' D~ordedy Conduct By Perms Addre£sin The Conddt An P IY, Personal, impertinent, slanderous, derogatory, discourteo ' y ~reO°~ making, expressly or ' willfully utters loud, tlir~tening or abusive less ua ~, snide, or profane -remarks or who impede, disrupt, or disturb the orde g 9e, or engages, in any disorderly conduct which would • continues, may, at the d' ~ conduct, the order• by the Presiding Officer, and if sudr conduct ~scr'etion of the Presiding Officer, 6e ordered barred from further audience before the Counu'I during tfiat (Meeting. . 4. Ai/dreSSes Air Motion Made or Pabiic Hear/ng dosed, After a been dosed, no member of th moblon has been made or a public hearing has consideration without first ~nnpublic shag address the Coundl firom the audience on the nratte<. under S. Cam g Permission to do so by majority vote of the City Council. - ~g° Sp~'es Proh~ited- No persons will be allowed to address tfie speeches for or against any candidate who has announced or does announ~his inte~on ~~nm~m i~ss~ue already ordered on a ballot for election. 6. Disorde~r/y. Conduct No person 1n the audience shall engage in disorderly conduct such as hand des • stamping of feet, whistling, using profane language, yelling, and similar demonsdations, wh'Kh conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supp/emend/ Vghfing. 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/ainfs, A!/egatlons, or Charges Against rndlvidua/ City Emp/oyees. No person shall make any complaint, specific allegation, or charge against.an Individual CIty.Employee by name 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 persist in d'~sturbing the meeting, such Officer may order him 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 6y 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 e~orce 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 containing all business to be discussed at a meeting of the City Council. persons ReouesHnc Te Et.. aea~ a„ ,~„e~da It s (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) flonresidents. Any nonresident wishing to address the Council shalt notify the City Secretary and specify his interest in the matter being considered. The City Secretary shat( present such request to the Presiding Officer.fo~ approval before placing the Warne on the Agenda.. ~ . Seecificr Agenda Items After a tnotioe, second and discussion by the City Council on any spedfic agenda item, and before a vote is taken, the Presiding Officer shall recognize any citizen in the audience wishing to aitdress~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 Meeeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.