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HomeMy WebLinkAboutAPRIL 11, 2006 REGULAR I~IEETING - April 11, 2006 ROLL CALL, ZNVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, April 11, 2006 at 5:37 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Councilmembers Thomas .1. Henderson, Martin Flood, Deloris "Bobble" Prince and Michael "Shane" Sinegal; City IVlanager Steve Fitzgibbons; Assistant City Secretary Terri Hanks and Assistant City Attorney Valicia Tizeno. Mayor Ortiz gave the invocation followed with the pledge to the flag. Councilmembers Willie "Bae" Lewis, .lr. and .lohn Beard, .lr. arrived at 5:44 p.m. I'Z. PROCLAMATZONS & MINUTES The IVlayor presented the following Proclamations: (1) April, 2006 as "Sexual Assault Awareness Prevention Month" Rape and Suicide Crisis Center of Southeast Texas President Cynthia Fertitta appeared before the City Council to accept the proclamation. Ms. Fertitta extended appreciation to Police Chief Mark Bianton and the Police Department for their sensitivity and support. Councilmember Prince requested a report of sexual crimes in the City of Port Arthur from Ms. Fertitta. (2) April 25, 2006 as "High Society M.A.D. Red Hatters Day" High Society M.A.D. Red Hatters Queen Mother Gloria B. Charles appeared before the City Council to accept the proclamation. Minutes - March 7, 2006 Regular Meeting Upon the motion of CouncJlmember Flood, seconded by CouncJlmember Henderson and carried unanimously, the City Council approved the above-mentioned minutes. March 1.4, 2006 Regular Meeting Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried unanimously, the City Council approved the above-mentioned minutes. March 14, 2006 .loint/Special Meeting Upon the motion of Councilmember Flood, seconded by Councilmember Sinegal and carried unanimously, the City Council approved the above-mentioned minutes. PETITIONS &COMMUNICATZONS A. Presentations (1.) 9TM Annual Health And Wellness Conference Presentation Assistant Human Resources Director Albert Thigpen and Health Director Yoshi Alexander appeared before the City Council to present an overview of the upcoming Ninth Annual Health and Wellness in the New Millennium Conference. The presenters noted the conference's theme as "Health, Wellness, Quality Of Life: Going For The Gold In Your Community" Conference will be held April 21, 2006 at the Carl Parker Multi-Purpose Center and extended invitations to attend. (2) Mercado Days Presentation Southeast Texas Hispanic Cultural and Educational Center President Sabrina Hernandez- Vrooman, a,736 Redbird, appeared before the City Council to extend invitations to attend the upcoming Mercado Days Festival to be held April 21-22, 2006 at the Proctor Street Paviliion. She highlighted the festival's many scheduled activities and entertainment venues and acknowledged the volunteers and sponsors of the event. ([3) Mark ¥iator Hurricane Recovery Presentation Recovery Coalition of Southeast Texas Chairperson Mark Viator, appeared before the City Council to express appreciation to the City for its leadership and support contributing to Hurricane Rita recovery efforts. Mr. Viator noted that U.S. Senator Kay Bailey Hutchinson was instrumental in Texas receiving $1 Billion in a congressional appropriations bill for rebuilding homes along the Gulf Coast. (4) Weed & Seed Award Presentation By Police Chief Mark Blanton And Planning Director Dale Watson Planning/Grants Director Dale Watson and Police Chief Mark Blanton appeared before the City Council to announce receiving $175,000 for Weed and Seed funding. The group discussed Weed and Seed strategies for the upcoming year. ([5) 2004 Crime Report By Chief Mark Blanton Police Chief Mark Blanton appeared before the City Council to present an overview of the 2004 Crime Report and stated that "Crime Trends" Report Cards will be sent to the City Councilmembers on a monthly basis. B. Soeakers Verna Rutherford Regarding Update On Community Partnership Child Abuse & Neglect Port Arthur Chamber of Commerce Executive Director Verna Rutherford, 8138 Heatherbrook, appeared before the City Council to present an update on the Community Partnership Child Abuse & Neglect Organization. Mrs. Rutherford acknowledged board members and discussed activities of the State funded organization. C. Correso0ndence None tV. PUBLTC HEARING - 7:00PM None V. UNFINTSHED BUSINESS None VI. CONSENT AGENDA Upon the motion of Councilmember Flood, seconded by Councilmember Henderson and carried, the following Consent Agenda items were adopted with the exception of Ttem A, Proposed Resolutions No. 13399, 13450, 13512 and 13515: B. Consideration And Approval Of Awarding Bids For Water Treatment Chemicals And Rejecting The Bids Received For Liquid Chlorine And Ammonia For The Utility Operations Department (Wastewater Treatment Division) City Council Minutes - Regular Meeting - April 11, 2006 2 C, Consideration And Approval Of Payment For Repairs To A 2004 GMC Truck (Equipment #1526) To Hell Of Texas Of Houston, TX Tn The Amount Of $6,586.17 For The Public Works Department (Solid Waste Division) D. Consideration And Approval To Reject Bids Received For A Compact Track Loader For The Utility Operations Department E. Exoense Report Councilmember Deloris Prince: Use Of Personal Auto On Out Of Town Business, March, 2006 $ 37.38 Resolutions - Consent (2) P.R. No. 13400 - A Resolution Authorizing The City Manager To Execute Four (4) Contracts Between The City Of Port Arthur And Port Arthur American Little League Organization, For The Use Of Leger Field, Sal Grado Field At Pioneer Park, Roosevelt Field At Roosevelt Park, Barbara 3acket Field B At Barbara ,lacket Park Proposed Resolution No. 13400 was adopted becoming Resolution No. 06-128. (3) P.R. No. 13427 - A Resolution Designating And Establishing The Mercado Days Festival Entertainment Area For 2006, Designating Southeast Texas Hispanic Cultural And Educational Center, ThC. AS Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Southeast Texas Hispanic Cultural And Educational Center, Inc. Proposed Resolution No. 13427 was adopted becoming Resolution No. 06-129. (5) P.R. No. 13504 - A Resolution Authorizing The Purchase Of Flood Coverage Through Fidelity National Insurance Company Tn The Amount Of $49,757.00 Per Annum. Proposed Funding By: General Liability Tnsurance Fund: 612- 1702-581.52-00; $49,757.00 Proposed Resolution No. 13504 was adopted becoming Resolution No. 06-130. (6) P.R. No. 13508 - A Resolution Accepting The Automatic Tncrease Tn Access Line Rates As Calculated By Public Utility Commission, As It Pertains To The Amount Of Revenues The City Will Receive And As It Pertains To Their Allocation Of Rates For Residential, Non-Residential And Point To Point Customers Proposed Resolution No. 13508 was adopted becoming Resolution No. 06-131. (7) P.R. No. 13509 - A Resolution Authorizing A Three (3) Year Contract, With Schindler Elevator Corporation Of Beaumont, Texas, For Elevator Maintenance Services For The Utilities Operations Department Water Purification Plant Tn The Amount Of $168.00 Per Month (Annual Cost Of $2,016.00) To Be Charged To Account #410-1252-532.54-00 Proposed Resolution No. 13509 was adopted becoming Resolution No. 06-132. City Council Minutes - Regular Meeting - April 11, 2006 3 (8) P.R. No. 13510 - A Resolution Authorizing The Execution Of A Contract For Water And Sewer Line Tapping For The Utility Operations Department Between The Cib/of Port Arthur And Mid-County Plumbing For The Sum Not To Exceed One Hundred Fifty Seven Thousand Five Hundred And No/100 Dollars ($157,500.00). Funds Available In Account No. 414- 1621-532.83-00 And 414-1621-532.85-00 Proposed Resolution No. 13510 was adopted becoming Resolution No. 06-133. (g) P. R. No. 13511 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts Proposed Resolution No. 13511 was adopted becoming Resolution No. 06-134. (11) P. R. No. 13513 - A Resolution Awarding And Authorizing The Execution Of A Mowing & Lawncare Contract Between The City Of Port Arthur And ]ohnson's Lawncare Of Port Arthur For Rose Hill Manor Not To Exceed $5,760.00; Said Annual Contract :Is For Mowing Lawncare Of Rose Hill Manor, Estimated Annual Cost $5,760.00 Proposed Funding: Parks Division, FY 2006 Budget Account No. 001-1207-531.31-00 Proposed Resolution No. 13513 was adopted becoming Resolution No. 06-135. (12) P.R. No. 13514 - A Resolution Authorizing The Execution Of A CDBG Contract :In The Amount $7,000.00 Between YMCA And The City Of Port Arthur To Pay Tuition For Eligible Youths To Participate :In The YMCA's First Tee Program Proposed Resolution No. 13514 was adopted becoming Resolution No. 06-136. (14) P. R. No. 13516 - A Resolution Authorizing The City Of Port Arthur To Support A "Click :It Or Ticket" Selective Traffic Enforcement Program (S.T.E.P.) Grant In The Amount Of $7,874 Proposed Resolution No. 13516 was adopted becoming Resolution No. 06-137. (15) P. R. No. 13520 - A Resolution Approving Change Order No. Four To The Contract Between The City Of Port Arthur And Simco Enterprises, Ltd, Related To The Lake Charles Area Wastewater Rehabilitation Project. (:Increases The Contract Amount By $27,300.00, And Contract Time By 23 Calendar Days). Account No. 426-1625-532.83-00, Project No. 42651~M Proposed Resolution No. 13520 was adopted becoming Resolution No. 06-138. (16) P. R. No. 13522 - A Resolution Authorizing A One-Time Payment Of $25,000 To Recovery Coalition Of Southeast Texas, L.L.C. As It Pertains To Recovery Efforts From Hurricane Rita Proposed Resolution No. 13522 was adopted becoming Resolution No. 06-139. :ITEMS RE(~UIRZNG :IND:IVZDUAL ACTTON - NON-CONSENT Consent - :items City Council Minutes - Regular Meeting - April 11, 2006 4 A. Consideration And Approval Of Awarding A Bid For The Purchase Of Twelve (12) Vehicles To Philpott Ford .Of Nederland~ TX In The Amount Of $275,606.00 For The Police Department The Mayor introduced the above-mentioned item. The motion was made by Councilmember Flood and seconded by Councilmember Henderson that Item A be adopted. Human Resources Director Harvey Robinson appeared before the City Council to note that the policy on the usage of city vehicles is presently under review. Police Chief Mark Blanton appeared before the City Council to report that the Police Department is implementing a reduction of the number of police vehicles being taken home. The motion to adopt Item A carried by unanimous vote. (4) P.R. No. 13450 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $648,118.00 For The Highway 87 Waterline Replacement Project Between The City Of Port Arthur And AIIco, LTD., Of Beaumont, Texas. Account No. 123-2300-901.85-00, Project No. HRSPWL The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 13450 be adopted. Utility Operations Director Kelly Eldridge appeared before the City Council to express overall satisfaction with the workmanship of AIIco's water and sanitary sewer rehabilitation projects. The motion was made by Councilmember Flood to table Proposed Resolution No. 13450. The motion to table Proposed Resolution No. 13450 failed for lack of a second. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 13450: Councilmember Beard "No" Councilmember Flood "Yes" Councilmember Henderson "No" Councilmember Lewis "Yes" Councilmember Prince "No" Councilmember Sinegal "Yes" Mayor Ortiz "Yes" Proposed Resolution No. 13450 was adopted, over the dissenting votes of Councilmembers Beard, Henderson and Prince, becoming Resolution No. 06-140. The caption of Resolution No. 06-140 reads as follows: RESOLUTION NO. 06-140 A RESOLUTION AWARDING A CONTRACT AND AUTHORIZING THE EXECUTION OF SAID CONTRACT IN THE AMOUNT OF $648,118.00 FOR THE HIGHWAY 87 WATERLINE REPLACEMENT PROJECT BETWEEN THE CITY OF City Council Minutes - Regular Meeting - April 11, 2006 5 PORT ARTHUR AND ALLCO, LTD., OF BEAUMONT, TEXAS. ACCOUNT NO. 123-2300-901.85-00, PRO.1ECT NO. HRSPWL (1) P.R. No. 13399 - A Resolution Authorizing A Hodification No. 2 From The University Of North Texas As It Pertains To The Subcontract Relating To "Project Safe Neighborhood" Under Contract No. 2003-GP-CX-0516 Between The University Of North Texas And The United States Department Of ,~ustice, Office Of 3ustice Programs, Bureau Of 3ustice Assistance The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Flood that Proposed Resolution No. 13399 be adopted. Councilmember Beard left the City Council Chamber at 8:09 p.m. Assistant City Attorney Valecia "Val" Tizeno appeared before the City Council to discuss the proposed grant modifications. Proposed Resolution No. 13399 was adopted becoming Resolution No. 06-141. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Flood, Prince and Sinegal. Voting No: None. The caption of Resolution No. 06-141 reads as follows: RESOLUTION NO. 06-141 A RESOLUTION AWARDING A CONTRACT AND AUTHORIZING THE EXECUTION OF SAID CONTRACT IN THE AMOUNT OF $648,118.00 FOR THE HIGHWAY 87 WATERLINE REPLACEMENT PROJECT BETWEEN THE CITY OF PORT ARTHUR AND ALLCO, LTD., OF BEAUMONT, TEXAS. ACCOUNT NO. 123-2300-901.85-00, PROJECT NO. HRSPWL (10) P. R. NO. 13512 - A Resolution Authorizing The City Manager To Make Application To The U. S. Department Of Housing And Urban Development For A Community Development Block Grant In The Amount Of $1,407,647 And A Grant For $452,678 In Home Funds Authorizing The City Manager To Execute The City Of Port Arthur's 2006 Consolidated Annual Plan. The Consolidated Plan Will Be Submitted To The U. S. Department Of Housing And Urban Development The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Flood and seconded by Councilmember $inegal that Proposed Resolution No. 13512 be adopted. Planning and Grants Director Dale Watson appeared before the City Council to discuss the Community Development Block Grant funding for home funds. Councilmember Prince left the City Council Chamber at 8:12 p.m. Proposed Resolution No. 13512 was adopted becoming Resolution No. 06-142. City Council Minutes - Regular Meeting - April 11, 2006 6 Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Flood and Sinegal. Voting No: None. The caption of Resolution No. 06-142 reads as follows: RESOLUTION NO. 06-142 A RESOLUTION AWARDI~NG A CONTRACT AND AUTHORIZTNG THE EXECUTION OF SAID CONTRACT IN THE AMOUNT OF $648,118.00 FOR THE HIGHWAY 87 WATERLINE REPLACEMENT PRO.1ECT BETWEEN THE CTTY OF PORT ARTHUR AND ALLCO, LTD., OF BEAUMONT, TEXAS. ACCOUNT NO. 123-2300-901.85-00, PRO3ECT NO. HRSPWL (13) P.R. No. 13515 - A Resolution Authorizing The Execution Of An Encroachment Agreement Between The City Of Port Arthur And Twila 3. Gillespie Pertaining To A Public Utility Easement Whereupon Structures Have Been Erected On Lot 13, Block 17, Griffing Residential Park, Located At 2441 Evergreen Dr. In The City Of Port Arthur The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Sinegal and seconded by Councilmember Henderson that Proposed Resolution No. 13515 be adopted. Utility Operations Director Kelly Eldridge appeared before the City Council to discuss the proposed encroachment agreement. Councilmember Beard returned to the City Council Chamber at 8:15 p.m. Councilmember Prince returned to the City Council Chamber at 8:16 p.m. Councilmember Flood left the City Council at 8:16 p.m. Proposed Resolution No. 13515 was adopted becoming Resolution No. 06-143. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Prince and Sinegal. Voting No: None. The caption of Resolution No. 06-143 reads as follows: RESOLUTION NO. 06-143 A RESOLUTION AUTHORIZING THE EXECUTION OF AN ENCROACHMENT AGREEMENT BETWEEN THE C]~TY OF PORT ARTHUR AND TWILA J. GILLESPIE PERTAINING TO A PUBLIC UTIL]~TY EASEMENT WHEREUPON STRUCTURES HAVE BEEN ERECTED ON LOT 13~ BLOCK 17, GRIFF]~NG RESIDENTIAL PARK, LOCATED AT 2441 EVERGREEN DR. IN THE CITY OF PORT ARTHUR A. Resolutions (1) P. R. No. 13517 - A Resolution Authorizing The Reimbursement Of $172,300 To The City Of Port Arthur Home Investment Trust Fund Account. Account No. 001- 1003-512.59-00 Project No. M06001 City Council Flinutes - Regular Meeting - April 11, 2006 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion made by Councilmember Sinegal and seconded by Councilmember Prince and carried unanimously, Proposed Resolution No. 13517 was adopted becoming Resolution No. 06-144. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Prince and Sinegal. Voting No: None. The caption of Resolution No. 06-144 reads as follows: RESOLUTION NO. 06-144 A RESOLUTION AUTHORIZING THE REIMBURSEMENT OF $172,300 TO THE CITY OF PORT ARTHUR HOME INVESTMENT TRUST FUND ACCOUNT. ACCOUNT NO. 001-1003-512.59-00 PRO3ECT NO. M06001 (2) P.R. NO. 13518 - A Resolution Terminating A Contract With Nick Portacci, For Mowing Services Of Developed Properties In An Area Designated As Area B Of The City Of Port Arthur Proposed Resolution No. 13518 was held until after Executive Session. (3) P.R. No. 13519 - Resolution Appointing/Reappointing A Member Or Members To The Library Board The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 13519 be adopted. The Assistant City Secretary read the following nominations into the record: Library Board Deanie DeLee 3800 Blackberry LaWanda Finney 4204 Blackberry Jean Cole 5257 Lakeside Drive Friends of Port Arthur Public Library Bill Carter 704 South 5-1/2 Street Proposed Resolution No. 13519 was adopted becoming Resolution No. 06-145. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Beard, Prince and Sinegal. Voting No' None. The caption of Resolution No. 06-145 reads as follows: RESOLUTION NO. 06-145 RESOLUTION APPOINTING/REAPPOINTING A MEMBER OR MEMBERS TO THE LIBRARY BOARD B. Ordinances (1) P.O. No. 5604 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2005 And Ending September 30, 2006 As To Fund The Reimbursement Of Home Funds City Council Minutes - Regular Meeting - April 11, 2006 The City Manager introduced the above-mentioned Proposed Resolution. Councilmember Flood returned to the City Council Chamber at 8:22 p.m. Upon the motion made by Councilmember Sinegal and seconded by Councilmember Henderson and carried unanimously, Proposed Ordinance No. 5604 was adopted becoming Ordinance No. 06-22. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Flood, Beard, Prince and Sinegal. Voting No: None. The caption of Ordinance No. 06-22 reads as follows: ORD]~NANCE NO. 06-22 AN APPROPRIATZON ORD]~NANCE AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND END]~NG SEPTEMBER 30~ 2006 AS TO FUND THE RE]IMBURSEMENT OF HOME FUNDS (2) P.O. NO. 5605 - An Ordinance Authorizing An Auction And Sale Of Certain Surplus Property By The City Of Port Arthur The City Manager introduced the above-mentioned Proposed Resolution. Upon the motion made by Councilmember Henderson and seconded by Councilmember $inegal and carried unanimously, Proposed Ordinance No. 5605 was adopted becoming Ordinance No. 06-23. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Henderson, Flood, Beard, Prince and Sinegal. Voting No: None. The caption of Ordinance No. 06-23 reads as follows: ORDINANCE NO. 06-23 AN ORDINANCE AUTHORIZING AN AUCTION AND SALE OF CERTAtN SURPLUS PROPERTY BY THE CITY OF PORT ARTHUR C. *Reports And Recommendations (1) Report On Comp-Time For City Employees Who Worked During Hurricane Rita (Requested By Councilmember Flood) The City Manager reported that compensation time is limited to forty hours a year. (2) Report On Trash Collection By Public Works Director 3ohn Comeaux Public Works Director .lohn Comeaux reported that trash collections are being performed six days a week to meet the present needs of trash collection. (3) Report On Ballpark Fields By Dr. Albert Thigpen Assistant Human Resource Director/Interim Parks Director Albert Thigpen to discuss baseball field repairs. City Council Minutes - Regular Meeting - April 11, 2006 9 (4) Report On Street Reconstruction By Utility Operations Director Kelly Eldridge Utility Operations Director Kelly EIdridge presented a report on street reconstruction. (S) Report On Bonding Procedures (Requested By Councilmember Lewis) The above-mentioned report was held for a later date. VIII. REPORTS OF BOARDS & COMMITTEES None IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation Between The (A) City And Entergy, (B) Nick Portacci And The City, (C) William Worsham And The City, (D) Labove And The City, (E) Bennett And The City, And (F) Housing Opportunities Of Texas And The City Of Port Arthur (2) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To West 7th Street, As Well As The Value Of The Land And The Building At 449 Austin (:3) Section 551.076 Government Code - To Discuss Security Personnel Or Devices As To Prevent Crime (4) Section 551..087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (5) Section 551.071. & 551..074 Government Code - To Discuss With The City Attorney His Duties As It Pertains To Council Protocol (Requested By Councilmember Henderson) The City Council recessed their meeting at 8:57 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 9:43 p.m. with the following members present: Mayor Ortiz; Councilmembers Lewis, Henderson, Flood, Beard, Prince and Sinegal; City Manager Fitzgibbons; Assistant City Secretary Hanks and City Attorney Sokolow. VII. ITEMS REQUI~RING IND]V~DUAL ACTION- NON-CONSENT (2) P.R. No. 1.351.8 - A Resolution Terminating A Contract With Nick Portacci, For Mowing Services Of Developed Properties In An Area Designated As Area B Of The City Of Port Arthur The above-mentioned Proposed Resolution was not introduced and no action was taken by the City Council. X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS None. XZ. AD3OURNMENT OF MEETING Upon the motion of Councilmember Prince, seconded by Councilmember Sinegal and carried unanimously, the City Council adjourned their meeting at 9:45 p.m. An audiotape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. City Council Minutes - Regular Meeting - April 11, 2006 10 MAYOR OSCAR G. ORTZZ A'DrEST: ASSZSTANT CTTY SECRETARY TERR! HANKS END OF REGULAR t4EET!NG HELD April ZZ~ 2006. APPROVED: City Council Minutes - Regular Meeting - April 11, 2006 ] !