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HomeMy WebLinkAboutNovember 8, 2005OSCAR G. ORTJZ, MAYOR STEPHEN FITZGIBBONS RONNIE H. THOMPSON, MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN WILLIE LEWIS, JR. Ci/y of CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY ATrORNEY MARTIN FLOOD JOHN BEARD, JR. DELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting November 8, 2005 8:30 a.m. 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. RO. BOX 1089 · PORTARTHUR, TEXAS 77641-1089 ' 409/983-8115 · FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur November 8, 2005 8:30 AM ROLL CALL, ZNVOCATTON & PLEDGE Mayor Ortiz Mayor Pro Tern Thompson Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Prince Councitmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow 'rT. PROCLAMATZONS & MI'NUTES Minutes- September 13, 2005 Regular Meeting September 13, 2005 Emergency Meeting September 20, 2005 Special Meeting October 11, 2005 Regular Meeting October 13, 2005 Special Meeting ZZI. P,-, ·, .ON$ & COM MU NICAT[OI~I$ A. Presentations (1) Gayle Botley Regarding Water Billing And Collection Procedures (2) Gary Ratcliff Regarding Industrial Transportation, Tnc. (3) Corps Of Engineers Regarding Debris Clean Up (4) Randy McGuffee &Stan Taf~ Regarding Futurestone Building Technology (5) .lohn Bar~on Regarding The Widening Of 365 B. Speakers (1) Carey Evans Regarding PA[SD Evacuation pay (2) Louis Charles Hamilton Regarding Hurricane Recovery issues (3) Monroe lohnson Regarding City Repair Work On Driveway C. Correspondence None AGENDA NOVEMBER 8, :2005 I'V. PUBI./C HEAR/NGS - 9:00AM None V. UNFINISHED BUSI'NESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: None 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 Awarding A Bid For The Purchase Of Body Armor To GT Distributors, Inc. Of Austin, Texas In The Estimated Amount Of $7,500.00 For The Police Department. B. Consideration And Approval Of Awarding A Bid For The Engine Repair To A 2005 Crown Victoria (Police Unit 1555) To Myers Automotive Repair Specialist, 5219 Twin City Highway, Port Arthur, Texas In The Amount Of $7,050.75 For The Police Department. C. Consideration And Approval Of Awarding A Bid For The Purchase Of Loose Fire Equipment To MES Four Alarm Company Of Houston, Texas In The Amount Of $8,271.00 For The Fire Department. D. Consideration And Approval Authorizing The Emergency Purchase Of 1,000 STOP Signs From Newman Signs Of Jamestown, North Dakota In The Amount Of $18,950 For Replacement Signs Destroyed Throughout The City Of Port Arthur By Hurricane Rita. E. Consideration And Approval Authorizing The Purchase Of 500 Sign Poles And Anchors From Allied Tube Of Cedar Park, Texas In The Amount Of $10,070 For The Missing Or Damaged STOP Signs Throughout The City Of Port Arthur Due To Hurricane Rita. AGENDA NOVEMBER 8, 2005 Vt'. CONSENT AGENDA - CON'r~NUED F, Consideration And ApproYal For The Purchase And Installation Of Drapery, Liners And Drapery Rods In The 5th Floor Council Chamber From Interior Sources By ]acquelyn Of Nederland, Texas In The Amount Of $9,313. G. Consideration And Approval Authorizing Hurricane Rita Emergency Purchases As Follows: Cotton Companies - $440,502.27; Holiday Inn - $62,096; Aramsco - $27,500. H. Consideration And Approval Of Payment To Miriam K..lohnson, Tax Assessor Collector, In The Amount Of $10,379.20, For The 2005 Tax Year Collection Fee. I. Consideration And Approval Of Awarding A Bid For The Installation Of Ceiling '~les For City Hall And The Annex To Real-Tex Renovations Of Port Arthur, Texas In The Amount Of $5,900. 2. Consideration And Approval Of Awarding A Bid For The Purchase Of Ceiling 7~les For Various City Buildings To Building Specialties Of Beaumont, Texas In The Estimated Amount Of $9,030. K. Consideration And Approval Of Emergency Repairs To A 1996 GMC Trash Tow Truck (Equipment #1162) To Gillespie's Engine Service, Inc. Of Groves, Texas In The Amount Of $8,052.96 For The Public Works Department (Solid Waste Division). L. Expense Reoort Mayor Pro Tern Ronnie Thompson: Out Of Town Mileage Due To Hurricane Rita, September And October, 2005 $ 162.00 Councilmember Felix A. Barker: Out Of Town Mileage Due To Hurricane Rita, September And October, 2005 $ 153.90 Annual TML Conference In Grapevine, Texas, October 26- 30, 2005 $ 1,266.00 Councilmember Thomas 3. Henderson: Out Of Town Mileage Due To Hurricane Rita, September And October, 2005 $ 144.18 AGENDA NOVEMBER 8, 2005 V:[. CONSENT AGENDA - CONTZNUED Councilmember Hartin Flood: Out Of Town Mileage Due To Hurricane Rita, September And October, 2005 $ 656.91 Councilmember Deloris "Bobble" Prince: Out Of Town Mileage Due To Hurricane Rita, September And October, 2005 $ 708.75 Councilmember Michael "Shane" Sinegah Out Of Town Mileage Due To Hurricane Rita, September and October, 2005 $ 364.50 City Attorney Hark T. Sokolow: TCEQ Public Meeting Tn Austin, Texas, September 28, 2005 $ 237.61 Annual TML Conference In Grapevine, Texas, October 28, 2005 $ 665.40 Resolutions - Consent (1) P.R. No. 13310 - A Resolution Approving Payment In The Amount Of $74,695 For The TCEQ Annual Consolidated Water Quality Assessment Fees For All Four (4) Wastewater Treatment Facilities Tn The City Of Port Arthur; Account No. 410-1~256-532.54-00. (2) P.R. No. 13311 - A Resolution Authorizing The Mayor To Accept A Fiscal Year 2005 Port Security Grant Award Tn The Amount Of $671,675 For The City Of Port Arthur. (3) P.R. No. 13312 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (4) P.R. No. 13313 - A Resolution Authorizing The Director Of Utility Operations To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals. (5) P.R. No. 13314 - A Resolution Authorizing The City Manager To Allocate Additional Funds To Environmental Resources Management For The State Marine Superfund Site (Account No. 001-1003-512.59-00; M01002) 4 AGENDA NOVEMBER $, 2005 V/. CONSENT AGENDA - CONTTNUED (6) P.R. No. 13315 - A Resolution Authorizing The Approval Of Additional Services (Phase T & IT) To The Contract: For Professional Services BebNeen The City Of Port Arthur And Arceneaux & Gates Consulting Engineers, [nc., Dated 'July 24, 200]. [n Connection With The Waterline Replacement Project, With Phase ]: Tncreasing The Not to Exceed Contract Amount By $42,000, Fund No. 123-2300-901.53-00, Project: No. HRSPWL, And Phase T! !ncreasing The Not To Exceed Contract Amount By $69,000; Fund No. 427-1626-532.53-00, Project No. 427002. (7) P.R. No. 13316 - A Resolution Authorizing The eib/Hanager To Execute A Contract: BebNeen The City Of Port Arthur And Arceneaux & Gates Consulting Engineers For Engineering Services Not To Exceed $75,000 Related To Repairs To The Reservoir Baffle System; Account No. 123- 2300-901.53-00, Project No. HRRESV. (8) P.R. No. 13317 - A Resolution Amending The Asbestos Abatement Contract: With AAR Tncorporated Of Houston, Texas !ncroasing The Contract By $6,717 To A Total Of $44,454. (9) P.R. No. ].3318 - A Resolution Accepting The Sub-Recipient Award For The 2005 Homeland Security Grant Program Projected At $148,280 For The State Homeland Security Program And $192,764 For The Law Enforcement Terrorism Prevention Program For A Total Award Of $341,044. (10) P.R. No. 13319 - A Resolution Authorizing Payments To City Employees And City Officials For Cell Phone Cost Related To City Operations During Hurricane Rita. (].1) P.R. NO. 13320 - A Resolution As !t Pertains To The PA69 LP Real Estate Transactions (12) P.R. NO. 1332]. - A Resolution As [t Pertains To Supervisory Staff Support For The City Of Port Arthur Section 4A Economic Development Corporation (13) P.R. No. 13322 - A Resolution Approving An 1Invoice Or Tnvoices Of The City Of Port Arthur Section 4A Economic Development Corporation. (].4) P.R. NO. 13323 - A Resolution As !t Pertains To The Costs Of A Planning Study And Financial Feasibility Analysis For The Westside Development And The Road Tmprovements To West 7th Street (Ransom Howard Street) AGENDA NOVEMBER 8, 2005 Z'I'EHS REQUZRZNG INDZVZDUAL ACT'ZON - NON-CONSENT A. Resolutions (1) P.R. No. 13324 - A Resolution Casting Votes For The Board Of Directors Of The Jefferson County Appraisal District. (2) P.R. No. 13325 - A Resolution Casting Votes For The Board Of Directors Of The Orange County Appraisal District. (3) P.R. NO. 13326 - A Resolution Awarding A Contract To AAR, Incorporated, In The Amount Of $34,750.00, And Authorizing The Execution Of A Contract For Asbestos Abatement Of The Electrical And Police/Fire Buildings, To Be Charged To Account No. 123-2300-901.32-00. B. Ordinances None C. ~Reports And Recommendations (1) Report As To Hurricane Katrina And The Housing Of Evacuees (2) Report As To The Damages Caused 8,/Hurricane Rita, Response Of The City To Restore Public Services And To Remediate Damages, Removal Of Debris, The Costs Thereof, And The Reimbursement Of Associated Costs From The State, FEMA And The City's Insurance Carriers, And The Restoration Of Housing (3) Report On FEMA Flood Insurance Program ~The City Council Can Act On An,/ Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional Information And Records VZII. REPORTS OF BOARDS & COMt4~ i i EES None AGENDA NOVEHBER 8, 2005 ZX. *CLOSED MEeI.rNG (EXECUTI'VE SESSI'ON) 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 Meetinq: (1) Section 551.087 Government Code To Discuss Incentives For Commercial, Residential, Medical And Industrial Business Prospects (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation That May Arise As A Result Of Hurricane Rita Which Includes But Is Not Limited To The Recovery Of Damages To City Property, Issues As It Relates To Evacuation, Assets Obtained During The Hurricane And Compensation To Be Paid To Vendors And Other Entities Or Persons *The Items In Executive Session May Be Discussed And Acted On In Open Session X. FUTURE AGENDA ZTEMS 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. Xl'. AD.1OURNMENT OF MEE'rZNG RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS t. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Spokesman for group of persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall he proper for the presiding officer to request that a spokesman be chosen by the group to address the Council and, in case additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Council. 3. 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 the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is granted by majority vote of the Council, shall limit his remarks to (5) five minutes. All remarks shall be addressed to the Council as a whole and not to any member of the Council. 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. 4. Improper references, disorderly conduct by persons addressing 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 orderly conduct of any meeting, hearing or other proceedings, shall be called to order by the Presiding Officer. If such conduct continues, such person may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that meeting. 5. Addresses after motion made or public hearing closed. After a motion has been made or a pubic hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. 6. Campaign Speeches. No person will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run or issue already ordered on a ballot for election. 7. Persons having complaints, allegations, or charges against individual city employees. No person shall make any complaint, specific allegation or charge against an individual city employee by name in a public meetings unless he first shows that he has pursued appropriate administrative channels. 8. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feat, whistling, using profane language, yelling, and similar demonstrations which conduct disrupts the peace and good order of the meeting. 9. Person authorized to be within rail. No person except members of the Council and the city staff shall be permitted wthin the rail without the consent of the Presiding Officer. 10. 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 the proceedings of the Council and the least amount of discomfort to the public in attendance. ENFORCEMENT OF DECORUM Warning. Ail persons shall, at the request of the Presiding Officer, be silent. Removal. If, after receiving a warning from the Presiding Officer, a person persists in disturbing the mee~ing, such officer may order him to remove himself from the meeting. If he does not remove himself, the Presiding Officer may order the Sergeant-At-Arms to remove him. Resisting Removal. 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 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 to be discussed at a meeting of the City Council. Persons Reouestino To Be Heard On AcTenda Items (1) Residents. Any resident who wishes to address the Council may do so by notifying the City Secretary no later than 5:00 p.m. on the Thursday prior to the scheduled meeting. The person shall specify the particular subject matter of such address. The City Secretary shall place the names of those requesting to address the Council on the agenda with the agenda item. (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. Upon timely notification, a nonresident shall be permitted to address the Council when the applicant claims an interest in a matter on the Council's agenda and he is so situated that the disposition of the agenda may, as a practical matter, impair or impede his ability to protect that interest. The Presiding officer shall have the power to deny a nonresident the opportunity to address the Council when his interest in the matter is not deemed by the presiding Officer to be sufficient, or where the applicant's interest can be adequately rsprssentsd by residents addressing the Council. S=ecitTc Ac~enda Items 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 (3) three minutes. Specific agenda items are defined as any items 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.