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HomeMy WebLinkAboutDecember 20, 2005OSCAR G. ORTIZ, MAYOR STEPHEN FI]TGIBBONS RONNIE H. THOMPSON, MAYOR PRO-TEM C~TY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN WILLIE LEWIS, JR. City of CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY A~rORNEY MARTIN FLOOD JOHN BEARD, JR. DELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting December 20, 2005 5:30 p.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 · PORT ARTHUR, TEXAS 77641-1089 ° 409/983-8115 ° FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur December 20~ 2005 5:30PM ROLL CALL~ [NVOCATION& PLEDGE Mayor Ortiz Mayor Pro Tern Thompson Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Prince Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow t'T. PROCLAMATIONS & MINUTES Minutes - December 06, 2005 Regular Council Meeting December 12, 2005 Special Council Meeting III. PE m, m iONS & COMMUNICATIONS A. Presentations (1) Entergy Regarding Debris Removal (2) Corps Of Engineers Regarding Debris Removal B. Speakers None C. Correspondence (1) Receipt Of Port Arthur Convention & Visitors Bureau 2006 Budget (2) Receipt of Port Arthur Convention & Visitors Bureau 2004 Financial Statement AGENDA DECENBER 20~ 2005 ]V. PUBLI'C HEARZNG - 7:00PM None V. UNFZNZSHED BUSINESS The Following Ztem Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Ttem: P. R. No. 13332 - A Resolution Appointing A Director To The City Of Port Arthur Section 4A Economic Development Corporation. V?, CONSENT AGENDA NOT[CE TO THE PUBUC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support IVlaterial On Each Ttem, 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Ttem Or Ttems Will ]~mmediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 To HTE, Inc., In The Amount Of $76,505 For Annual Naintenance On The AS/400 Software For Period January 1, 2006 Through December 3~., 2006. B. Consideration And Approval Of Payment To Sunguard HTE Tn The Estimated Amount Of $6,000 For Customer Service And Utility Billing Training In The Water Utilities Department. C. Consideration And Approval Of A Request From The Jefferson County Tax Assessor-Collector For The Waiver Of Penalties And Interest In The Amount Of $489.67 On One Account Which Has Been Accepted As Payment. D. Consideration And Approval Of A Request From The Jefferson County Tax Assessor-Collector For The Waiver Of Penalties And Interest In The Amount Of $58.51 On Three Accounts Which Have Been Accepted As Payment. AGENDA DECEMBER 20, 2005 CONSENT AGENDA - CONTZNUED E. Consideration And Approval Of Awarding A Bid For The Purchase Of Overhead Rolling Doors (Which Were Damaged By Hurricane Rita) To Overhead Door Company Of Beaumont, Texas In The Amount Of $14,835 For The Utility Operations Department (Wastewater Treatment Division). F. Consideration And Approval Of The Purchase Of One Bucket Truck With Aerial Platform Lift And Service Body To BuyBoard (Through Caldwell Country Chevrolet Of Caldwell, Texas) Tn The Amount Of $82,411 For The Public Works Department (Electrical Division). G. Consideration And Approval Of Awarding A Bid For Self-Priming Sewage Pumps To Pump 8, Power Equipment Of Houston, Texas Tn The Amount Of $22,056 For The Utility Operations Department (Wastewater Conveyance & Wastewater Treatment Divisions). H. Consideration And Approval Of Payment To CMA Technology Solutions Of Baton Rouge, Louisiana In The Amount Of $5,992.84 For Software Maintenance. I. Consideration And Approval Of Payment To Houston Area Library Automated Network (HALAN) In The Amount Of $34,913 For FY 2006 Computer Services For The Port Arthur Public Library. .1. Consideration And Approval Of Awarding A Bid For Sheetrock Work (Damaged By Hurricane Rita) At City Hall To A Company By The Name Of Pick 2 Contractors Of Houston, Texas Tn The Amount Of $14,417. K. Consideration And Approval Of Awarding A Bid For The Repair, Sanding And Striping Of The YMCA Gymnasium Floor And Three Racquetball Courts To Bauer Sports Floors, Tnc. Of Houston, Texas Tn The Amount Of $14,275. L. Consideration And Approval Of Awarding A Bid For The Replacement Of The Automation System, Filter Gravel And Filter Sand For The YMCA Indoor Pool To Leslie's Swimming Pool Supplies Of Beaumont, Texas Tn The Amount Of $12,449.94. AGENDA DECEMBER 20, 2005 V~, CONSENT AGENDA - CON'D~NUED M. Consideration And Approval Of The Following Invoices For Hurricane Rita Emergency Purchases: Garner Environmental Totaling $640,558.29; Grainger Totaling $27,601.28; Kenco Bucket Trucks Totaling $36,850; All Phase Electric Totaling $102,851.28; Newman Signs Totaling $6,175; Spidle & Spidle Totaling $24,941.60; Encore/ASAP Restoration, L.L.C. Totaling $56,715.66; Boumans And Associates Totaling $9,892 & Toter, Inc. Totaling $25,740.88. N. Consideration And Approval Of Awarding A Contract For Supplying Lubricants And Greases For The City's Rolling Equipment To Tri-Con, Inc. Of Beaumont, Texas In The Estimated Amount Of $41,642. O. Consideration And Approval Of Awarding A Contract For The Purchase, Delivery And Removal Of Batteries For The City's Rolling Equipment To Interstate Battery Of Beaumont, Texas In The Estimated Amount Of $7,854.06. P. Consideration And Approval Of Awarding A Bid For Laboratory Services (Non-Biomonitoring) To Anacon, Inc. Of Houston, Texas In The Amount Of $19,524 For The Utility Operations Department (Wastewater Treatment Division). Q. Consideration And Approval Of Awarding A Bid For Laboratory Services (Biomonitoring Only) To Chemtex Environmental Laboratory, Inc. Of Port Arthur, Texas In The Amount Of $5,200 For The Utility Operations Department (Wastewater Treatment Division). R. Consideration And Approval Of Awarding A Bid For Adjustable Frequency Drives To The Reynolds Company Of Beaumont, Texas In The Amount Of $7,947 For The Utility Operations Department (Wastewater Conveyance & Wastewater Treatment Divisions). S. Consideration And Approval Of Awarding A Bid For Submersible Sewage Pumps To Pump & Power Equipment Of Houston, Texas Tn The Amount Of $6,230 For The Utility Operations Department (Wastewater Conveyance & Wastewater Treatment Divisions). T. Consideration And Approval Of Awarding A Bid For Positive Displacement (Progressive Cavity) Sludge Pumps To Pump & Power Equipment Of Houston, Texas In The Amount Of $8,494 For The Utility Operations Department (Wastewater Treatment Division). 4 AGENDA DECEMBER 20, 2005 CONSENT AGENDA - CON'TZNUED U. Consideration And Approval Of Awarding A Bid For The Purchase And Tnstallation Of Microphones In The 5th Floor Council Chambers To Southwest Building Systems Of Silsbee, Texas In The Amount Of $6,358.08. V. Consideration And Approval Of Awarding A Bid For The Purchase Of Traffic Signal Heads To Texas Highway Products, LTD Of Round Rock, Texas At A Unit Cost Of $359 Each For The Electrical Division. W. Consideration And Approval Of Awarding A Bid For The Purchase Of Carpet (Damaged By Hurricane Rita) To Texan Floor Service Of Houston, Texas l~n The Amount Of $27,60~..03 For The Health Department. X. Consideration And Approval Of Awarding A Bid For Transmission Repairs To A 1996 GMC Tow Truck With Trailer And Grapple (Equipment #1230) To Smart's Truck And Trailer Equipment, ]~nc. Of Beaumont Texas In The Amount Of $8,365.93 For The Solid Waste Division. Y. Expenses City Manager Steve Fitzgibbons: Attend Gulf Coast Conference In Washington, D.C., November 28-30, 2005 $1,225.48 Attend Meeting In Washington, D.C., December 6-7, 2005 $ 799.66 City Attorney Mark Sokolow: Attend Meeting In Houston, Texas November 28, 2005 $ 72.53 City Secretary Evangeline Green: Attend Election Law Seminar In Austin, TX., November 29, 2005 - December 2, 2005 $ 977.09 AGENDA DECEMBER 20~ 2005 W. CONSENT AGENDA - CONI'~NUED Resolutions - Consent (1) P.R. No. 13299 - A Resolution As Tt Pertains To An Agreement Between The City Of Port Arthur And Canine Handlers Of The Port Arthur Police Department For Conveyance, Care And Deployment Of Bloodhound Dogs. ([2) P.R. No. ~.33a,3 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $159,986.00 For The 61~ Street And .lade Avenue Manhole And 12-Tnch Sanitary Sewer Restoration Project Between The City Of Port Arthur And Troy Construction, L.L.P., Of Houston, Texas; Account No. 426-].625-532.83-00, Project No. 426004. (3) P. R, No. 13360 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (4) P.R. No. 13364 - A Resolution Authorizing The Execution Of An Agreement Between City Of Port Arthur Section 4A Economic Development Corporation And The City Of Port Arthur As Tt Pertains To Past And Future Administrative Charges. (5) P.R. No. 13365 - A Resolution Approving A One-Time Delay Of Payment For MetroCare Ambulance Service Due To Complications Caused By Hurricane Rita. (6) P.R. No. 13367 - A Resolution Approving A Plan For Use Of The "Loan Star Libraries" Direct Aid Grant From The Texas State Library To Port Arthur Public Library. (7) P.R. No. 13368 - A Resolution Authorizing An Agreement To Install New Roofing At The Water Purification Facility Chemical Maintenance, Filter And High Service Pump Electrical Buildings From Duro-Last Roofing, [nc., Of Saginaw, Michigan Tn The Amount Of $22,132.50; Project No. H RWTRP. (8) P.R. No. 13372 - A Resolution Approving An Economic Tncentive Agreement Between Pleasure Island Shrimp House, Thc., And The City Of Port Arthur Section 4A Economic Development Corporation. AGENDA DECEMBER 20, 2005 VZ. CONSENT AGENDA - CONTZNUED (9) P.R. No. 13373 - A Resolution Approving A One Year Subscription By The City Of Port Arthur Section 4A Economic Development Corporation To The World Economic Development Corporation In The Amount Of $7,950. (10) P.R. No. 13375 - A Resolution Approving An Economic Incentive Contract And Loan Agreement Between Reliable Polymer Services And The City Of Port Arthur Section 4A Economic Development Corporation. I'TENIS RE(~U][R/NG ZNDZVZDUAL ACT]ON - NON-CONSENT A. Resolutions (1) P.R. No. 13369 - A Resolution Appointing Or Reappointing A Member Or Members To The Beautification Commission. (2) P.R. No. 13370 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lots 1, 2, 3 Block 6 Bellaire Addition, That Is Adjacent To Cecil Reynolds Park And To Execute The Necessary Closing Documents (Account No. 001-1003-512.59-00; Project No. M97903, City Managers Contingency). (3) P.R. No. 13371 - A Resolution As It Pertains To Demolition Of Property Damaged By Hurricane Rita. (4) P.R. No. 13374 - A Resolution Approving A Residential Lease Agreement Between lihad "Ali" Mohammed And The City Of Port Arthur. B. Ordinances (1) P.O. No. 5577 - An Ordinance Amending Chapter 18 (Buildings) Article 2 Building Codes Section 18-31, Section 18-32, And Section 18-37 Of The Code Of Ordinances Of The City Of Port Arthur, As To Adopt The International Building Code, 2003 Edition Published By The International Code Council Inc.; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars, As Provided In Section 18-43 Of The Code Or As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication. AGENDA DECEMBER 20, 2005 ZTEMS REQUZRZNG ZNDZVI'DUAL At;i~ON - NON-CONSENT - CON'rZNUED (2) P.O. No. 5579 - An Ordinance Amending Article TTI Of Chapter 58 (Recreational Vehicle Parks) Of The Code Of Ordinances Of The City Of Port Arthur To Provide Standards For The Establishment Of Recreational Vehicle Parks Tn Areas Of Port Arthur Which Are Located Outside The Hurricane Protection System Levee And Have Sustained Losses Of Housing Of Over 50%; Punishable As Provided Tn Section 1-13 Of The Code Of Ordinances, As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. C. ~<Reports And Recommendations (1) October, 2005 Financial Statement (2) Report On Upcoming City Council Retreat (3) Report On New Requirements Of The Open Records ACt And Open Meetings Act (4) Report On Plans To Take Care Of Unattended Vacant Lots With Fallen Trees/Debris From Hurricane Rita (Requested By Councilmember Henderson) (5) Report On Status Of FutureGen Potential Application Status (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, FIII. REPORTS OF BOARDS & COMt4II'rEES - None AGENDA DECEMBER 20, 2005 ZX. *CLOSED HEEI'ZNG (EXECUTZVE SESS1~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 Meeting: (1) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To Highway 365 And Its Effect On The Tolling Project (2) Section 551.087 Government Code - To Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects *The Items In Executive Session May Be Discussed And Acted On In Open Session X. FUTURE AGENDA Z'I'EMS OR RE(~UESTED REPORTS Items For Future Agenda Consideration Or Reports From Staff May Be Requested But No Discussion Of Any Item Or Request Shall Take Place. AD3OURNMENT OF MEET'LNG NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On December 21, 2005. During The 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 The Open Meetings Law. RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. 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 be 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 cily 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 feet, whistling, using profane language, yelling, and similar demonstrations which conduct disrupts the peace and good order of the meeting. 9. Person authotfzed to be within rail. No person except members of the Council and the city staff shall be peretitted wthin the rail without the consent of the Presiding Officer. 10. Limitations on use ofsupplementsl 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. All 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 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.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 OFPROCEDURE 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 RequestinR To Be Heard On A~lenda 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 spec[fy 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 represented by residents addressing the Council. Snecific A~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.