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HomeMy WebLinkAboutMAY 23, 2006OSCAR G. ORTJZ, MAYOR STEPHEN FITZGIBBONS RONNIE H. THOMPSON, MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGEL[NE "VAN" GREEN W~LLIE LEWIS, .tR. City of CITY SECR~AR¥ FELIX A. BARKER MARK T SOKOLOW THOMAS J. HENDERSON CiTY ATTORNEY MARTIN FLOOD JOHN BEARD, JR. DELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting May 23, 2006 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 · PORT ARTHUR, TEXAS 77641-1089 · 409/983-8115 · FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur May 23, 2006 8:30AM ROLL CALL, INVOCAT/ON & 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 PROCLAMATZONS & MTNUTES Minutes - April 11, 2006 Regular Meeting P~ I z I ~ONS & COMMUNICAT/ONS A. Presentations - None B. Speakers Warren Field Regarding Livestock Ordinance For El Vista C. Correspondence - None IV. PUBLIC HEAR/NGS - 9:00 AM To Consider Whether Or Not To Amend Section 7 (Use Of Land And Buildings) To Provide That The "Open Salvage Yard, Rags, Iron, Vehicles Or Machinery" Type Use Is Permitted In The llndustrial "I" District By Specific Use Permit AGENDA HAY 23, 2006 V. UNFI'NI'SHED BUSI'NESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: Resolution P. R. No. 13537 - A Resolution Pertaining To The Ambulance Fees Of Stat Care EMS Ordinance P. O. No. 5609 - An Ordinance Adding Subsection (E) To Section 114-33 Of The Code Of Ordinances As It Pertains To Ambulance Fees (Requested By Mayor Ortiz) V~. RECESS - ::1.0:30 a,m. To ~.:30 p.m, VZ'r, Z'rEMS RE(~UZRZNG ZNDZVZDUAL AC, ,'ON A. Ordinance P. O. No. 5611 - An Ordinance Canvassing The Returns And Declaring The Results Of A General And Special Election Held In The City Of Port Arthur On Saturday, The 13th Of May, A.D., 2006; A General Election For The Purpose Of Electing Councilmembers From Districts 5 and 6, As Well As For The Purpose Of Electing Councilmembers For Positions 7 And 8; And A Special Election For The Purpose Of Canvassing The Returns And Declaring The Results Of Propositions As To The Legal Sale Of Mixed Beverages In Restaurants By Food And Beverage Certificate Holders Only; As To Amending The City Charter; As To Whether Or Not The Existing Section 4A Sales Tax Shall Be Utilized For Vadous Categories Of Projects As Described In Section 4B Of Article 5190.6, Vemon's Texas Code Annotated; And As To Sell Fairlea Park 2 AGENDA MAY 23, 2006 1TEMS REQUt'R/NG ZND~VZDUAL Ac~ ,ON - CON'r~NUED B. Resolution P. R. No. 13557 - A Resolution Documenting That Pursuant To The Amendment Of Section 9 Of Article IT Of The City Charter Approved At The May 2, 1992 City Election Tn The City Of Port Arthur, Texas, The District 7 Councilmember Shall Serve As Mayor Pro Tern And Shall Act As Mayor During The Absence Or Disability Of The Mayor And Shall Serve AS Mayor Pro Tem Until The Next Regular Election Of Councilmembers VIII. Administration Of Oath Of Office/Statements Of Elected Officers For The May ~.3, 2006 General/Special Election To Unopposed District 5 Councilmember .lohn Beard, Jr.; Newly Elected District 6 Councilmember Robert E. 'Bob" Williamson And Re-Elected Positions 7 And 8 Councilmembers Deloris "Bobbie" Prince And Michael Shane Sinegal IX. Administration Of Oath Of Office To Newly Appointed Mayor Pro Tern Deloris "Bobbie" Prince X. ROLL CALL, ZNVOCATZON & PLEDGE Mayor Ortiz Mayor Pro Tem Prince Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow AGENDA MAY 23, 2006 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 Payment To BLOC Design-Build, LLC Of Longview, TX In The Amount Of $10,297 For A Radio Telemetry System For The Sabine Pass Main Lift Station B. Authorize The Emergency Purchase Of Chlorine Scales From Moody Brothers, Inc. Of Houston, Texas In The Amount Of $8,732 For The Port Acres VVWTP C. Consideration And Approval Of Awarding A Bid To Ana Lab Corporation Of Kilgore, Texas In The Estimated Amount Of $19,668 For Laboratory Services (For Long Term 2 Enhanced Surface Treatment Rule) For The Utility Operations Department, Water Purification Division D. Consideration And Approval To Rescind Award Of Bid For Phosphates To Carus Chemical And Award To The Low Bidder Shannon Chemical Of Peru, Illinois In The Estimated Annual Amount Of $50,720 For The Utility Operations Department, Water Purification Division E. Consideration And Approval Of Awarding A Bid For Chlorine And Anhydrous Amonia From Altivia Of Houston, Texas; Air Gas Specialist Of Duluth, Georgia; TherChem Of New Iberia, Louisiana and Tanner Industrial Of Southampton, Pennsylvania For The Utility Operations Department's Water Purification And Wastewater Treatment Divisions F. Consideration And Approval Of Awarding A Bid To Triangle Waste Solutions, Inc. In The Estimated Amount Of $15,000 (With Option To Renew For Two Additional Years) For Rental Of Chemical Toilets For City Parks And Special Events G. Consideration And Approval Of Payment To Bauer Sports Floor, Inc. In The Amount Of $7,500 For The YMCA Gymnasium And Aerobics Floor 4 AGENDA HAY 23, 2006 X], CONSENT AGENDA - CONTINUED H. Consideration And Approval Of Awarding A Bid To Pick Two Contractors, ];nc. Of Port Arthur, TX In The Amount Of $117,449 For Iron Rod And Masonry Fence For City Hall And Transit Parking Lots I. Consideration And Approval Of Awarding A Bid To Eldridge Construction, Inc. In An Amount Not To Exceed $6,000 For The Replacement Of The Boardwalk Fishing Pier Walkway .1. Consideration And Approval Of Awarding A Bid To Texan Floor Service Of Houston, TX In The Amount Of $28,310.53 For The Installation Of Carpet Tn Police And Municipal Court Building K. Consideration And Approval Of Awarding A Bid To Walker's Electric Company Of Beaumont, TX ]:n The Amount Of $29,599.47 For The Replacement/Repair Of Parking Lot Lights/Poles And Fixtures At The Public Library L. Consideration And Approval Of Awarding A Bid To Hanson Pipe & Products For Drainage rvlaterials (Concrete Pipe And Boxes) For The Public Works Department (Drainage Division) M. Consideration And Approval Of Awarding A Bid To Texas Highway Products, LTD Of Round Rock, TX In The Amount Of $14,360 For The Purchase Of Forty Traffic Signal Heads For The Public Works Department (Electrical Division) N. Authorizing The Annual Purchase Of Streets Materials - Road Building Materials From Vulcan Construction Materials, LP; Transit Mix Concerete & Materials; APAC - Texas; Texas Ume Company; and TXT Expanded Shale & Clay For Street Maintenance, The Streets Program, And Streets Funded Under The CDBG Program O. Authorizing The Annual Purchase Of Streets Materials - Asphalt, Oil And Emulsions From Prime Materials & Supply Corporation And Crafco Texas, l~nc. For Street Maintenance, The Streets Program, And Streets Funded Under The CDBG Program P. Authorizing The Annual Purchase Of Streets Materials - Concrete Building Materials From Transit Nix Concrete, United Building Centers ( Parker Lumber), Burris Contractors Supply, And 3TM Services For Street Naintenance, The City Streets Program, And Streets Funded Under The CDBG Program AGENDA MAY 23, 2006 XZ. CONSENT AGENDA - CONTZNUED Consideration And Approval Of Payment For Repairs Related To Hurricane Rita Related Damage To Drainage Pump Stations To Pick Two Contractors, Inc. Of Crosby, TX In The Amount Of $18,897 For The Public Works Department R. Consideration And Approval Of Awarding A Bid To Coastal Pump Services Of Richardson, Texas In An Amount Of $16,897 For The Electrical Panel Replacement For the Memorial Underpass Pump Station S. Authorize The Purchase Of MRE Meals From Texas Building Procurement Of Austin, Texas In The Amount Of $14;652 For Emergency Preparedness T. Expense Report Councilmember Deloris "Bobble" Prince: Use Of Personal Auto For Out-Of-Town Cib/Business, April, 2006 $ 56.07 Cib/Attorney Mark T. Sokolow: Attend A Homeland Securib/And Emergency Management Seminar, New Orleans, LA - May 3-5, 2006 $ 1,197.02 Hunicipal Court 3udge Kermit Mordson: Attend TNCEC Judges Seminar Tn South Padre Island, TX May 1-2, 2006 $ 484.12 Resolutions - Consent (1) P.R. No. 13541 - A Resolution Recommending The Renewal Of An Agreement With Baker & Taylor Located In Charlotte, NC For The Purchase Of Books, Video & Audio Materials At An Annual Minimum Amount Of $55,000. (2) P.R. No. 13558 - A Resolution Awarding A Bid To Lange Brothers, Inc. Of Port Arthur, Texas For Replacement Of The Masonry Wall At The Public Works Operations Center For An Amount No To Exceed $36,784. Project Hrop, 123-2300-901.59-00. AGENDA MAY 23, 2006 X[. CONSENT AGENDA - CON'I/NUED (3) P.R. No. 13559 - A Resolution Authorizing Funds In The Estimated Annual Amount Of $120,000 For The Texas Commission On Environmental Quality Quarterly Fees, Paid For The Waste Disposed Of At The City Of Port Arthur Landfill Facility, Permit No. 1815, And Authorize The Director Of Public Works To Make Said Quarterly Payments To The Texas Commission On Environmental Quality; Account No. 403-1274- 533.59-01 (4) P.R. No. 13560 - A Resolution As It Pertains To Requesting The Legislature To Expand The Authority Of A .ludge As It Pertains To Child Safety Zones (5) P.R. No. 13561 - A Resolution As It Pertains To The Programs Of K Strategies Group, LLC (6) P.R. No. 13562 - A Resolution Pertaining To The Legal Services Agreement With Crain, Caton & .lames And Ancillary Costs AS It Pertains To The Landfill Permit Amendment ( Account No. 403-1274-533.54-00) (7) P.R. No. 13563 - A Resolution Authorizing The City Manager To Enter Into Agreements For Repair And Replacement Of Lighting With Gulf Coast Electric For Repairs At The Football Field/Adams Park, Mosley Pool/Washington Park, And With Beaomont Electric Company For Repairs At The Large Softball Field/Barbara .lacket Park For A Combined Amount Of $150,591 (8) P.R. No. 13564 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts (9) P.R. No. 13565 - A Resolution Authorizing The Calling Of A Public Headng To Consider Whether Or Not Public Convenience And Necessity Require The Operation Of Proposed Taxi Business, G & H Taxi (10) P.R. No. 13566 - A Resolution Authorizing The Execution Of Change Order No. Six To The Contract Between The City Of Port Arthur And AIIco, Ltd, Related To The Wastewater Rehabilitation Project. (Increases The Contract Amount By $6,241.00) Account No. 426-1625-532.83-00, Project No. 426ALL. AGENDA MAY 23, 2006 X/, CONSENT AGENDA - CONTINUED (11) P.R. NO. 13568 - A Resolution Authorizing An Extension Of The Contract Between The City Of Port Arthur And DTS Recovery Of Magnolia, Texas For Debris Removal For A Unit Cost Of $8.50 Per Cubic Yard Of Trash For An Additional Amount Of $200,000. Project HRDEBR, 123-2300-901.59- 00. (12) P.R. No. 13569 - A Resolution As It Pertains To The Agreement Or Agreements With The United States Department Of Agriculture, Natural Resource Conservation Service For Debris Removal TI'EMS REQUIR/NG :[NDMDUAL AcIzON - NON-CONSENT A. Resolutions (1) P.R. No. 13556 - A Resolution Authorizing The President And Secretary Of The City Of Port Arthur Section 4A Economic Development Corporation To Execute An Amendment To The Incentive Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And GP Industrial Contractors, Inc. (2) P.R. No. 13539 - A Resolution Confirming The Appointment Of Sabrina Vrooman As A Member Of The Civil Service Commission Of The City Of Port Arthur For A Term Ending ,lune 1, 2009 (3) P.R. No. 13567 - A Resolution Appointing A Director To The City Of Port Arthur Section 4A Economic Development Corporation P.R. No. 13570 - A Resolution Approving The Training Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The City Of Port Arthur, Texas. B. Ordinances (1) P.O. No. 5606 - An Ordinance Amending The 2005/2006 Budget Of The City Of Port Arthur As it Pertains To The Receipt Of Funds From The City Of Port Arthur Section 4A Economic Development Corporation For Administrative Reimbursement AGENDA HAY 23, 2006 ITEMS REqU'rR/NG I'NDI'V'~DUAL A~ ~'ZON - NON-CONSENT- CON'I/NUED (2) P.O. No. 5607 - An Ordinance Amending Chapter 78 (Personnel) Of The Code Of Ordinances, City Of Port Arthur, Texas; Said Amendment Provides For The Addition Of A New Section To Be Numbered 78-54 (General Public Evacuations) (3) P.O. No. 5610 - An Ordinance Amending The Budget For The City Of Port Arthur Section 4A Economic Development Corporation For The Fiscal Year Beginning October ~., 2005, And Ending September 30, 2006 (4) P.O. No. 5612 - An Ordinance Adding Article IT! To Chapter 62 Offenses Of The Code Of Ordinances As !t Pertains To Sex Offenders; Providing Exceptions; Providing Penalties For Violation Of The Ordinance; And Providing An Effective Date. (5) P.O. No. 5614 - An Ordinance Designating The Speed Limit On Lake Arthur Drive At 30 Miles Per Hour And Providing For A Penalty (Requested By Mayor Ortiz) (6) P.O. No. 5615 - An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of The Property Damage Subrogation Qaim Tn The Amount Of $10,366.87 I~lade Against Silvia Ramirez And Farmers !nsurance Group C. *Reports And Recommendations Report On Local Preference Contracting Procedures (2) Report On The Financial Condition Of The City *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional !nformation And Records XZZZ. REPORTS OF BOARDS & COMMzl I EES None AGENDA MaY 23, 2006 XZV. *CLOSED MEL=T~NG (EXECUTIVE 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 Neeting 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 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Ambulance Companies (2) Section 551.072 Government Code - To Discuss The Value Of Land As It Pertains To The yIVlCA On 6790 9th Avenue (3) Section 551.087 Government Code - To Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation With Companies Or Persons That Owe Utility Bills. (5) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To Entergy (6) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation AS It Pertains To .1. M. Kaufman *The Items In Executive Session May Be Discussed And Acted On In Open Session XV. FUTURE AGENDA TI'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 XVt. AD.1OURNHENT OF HEETING RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 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 celled 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 cempaign speeches for or against any cendidats who has announced or does announce his intention to run or issue already ordered on a ballot for elect]on. 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 feet, whistling, using profane language, yelling, and similar demonstrations which conduct disrupts the peace and good order of the meeting. 9. Person authorfzed 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. t0. 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. 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-A~ms shall be charged with violating V.T.C.A., Penal Code 42.05. Motions fa 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 Jaw an agenda containing all business to be discussed at a meeting of the City Council. Persons Renueetino To Be Heard On Aaenda 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 represented by residents addressing the Council. Specific Aaenda 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.