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HomeMy WebLinkAboutAPRIL 24, 2007OSCAR G. ORTIZ, MAYOR DELORIS PRINCE, MAYOR PRO-TEM COUNCIL MEMBERS: WILLIE LEWIS JR. FELIX A. BARKER THOMAS J. HENDERSON MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON MICHAEL "SRANE" SINEGAL City of STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. $OKOLOW CITY ATTORNEY AGENDA City Council Regular Meeting April 24, 2007 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 A~rthur April 24, 2007 8:30AM II. III. ROLL CALL, INVOCATION & 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 PROCLAMATIONS & MINUTES Minutes February 13, 2007 Special Meeting March 20, 2007 Joint/Speciial Meeting March 27, 2007 Regular Meeting PETITIONS & COMMUNICATIONS A. Presentations (1) (2) (3) (4) JUdYsT Arsenault Regarding The 20(:17~ City Employee P~cmc' ' 1 Quarter 2007 Convention & /isitors Bureau Marketing Update And BrandPdnt Information Mitch Osborne, General Manager At Veolia Environmental Services And A Representative From The Texas Commission On Environmental Quality Regarding Destruction Of Caustic Wastewater Presentation On Quiet Zone Introduction And Assessment By Railroad Controls Limited Followed By Wayside Horn Demonstration Outside Of City Hall B. Speakers (~) (2) (3) (4) (5) Iona Wade-LeBlanc Regarding The 2007 Juneteenth Celebration Peggy Jones Regarding Re-Implementing Saturday Transit Service William Gilmore Regarding Water Service At 2918 36th Street Robyn Brockhoeft Regarding Trash Pickup Arthur E. Branson Regarding Trash Service AGENDA APRIL 24, 2007 III. IV. VI. PETITIONS & COMMUNICATIONS - CONTINUED C. Correspondence - None PUBLIC HEARING - 9:00 AM None UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: P. R. No. 14102 - A Resolution Pertaining To Germer Gertz, L.L.P. Acting As The Legal Counsel For The City Of Port Arthur Section 4A Economic Development Corporation CONSENTAGENDA 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. Consideration And Approval Of Repairs By Houston Freightl/ner Of Houston, TX To A 2005 Orion SLF-' Transit Bus (Equipment #1570) In The Estimated Amount Of $27.157.19 Consideration And Approval Of Awarding A Bid To J. Brandt Company, /nc., Of Fort Worth, TX In The Estimated Amount Of $6,024.50 For Employee 2006 Service Awards For Various Departments Consideration And Approval Of Awarding A Bid To Phi/port Ford Of Neder/and, TX (Through HGAC) In The Amount Of $44,977.53 For One E350 Ford Van (CBRNE Tactical Intervention Vehicle) For The Police Department Consideration And Approval Of Awarding A Bid To A F/aming B F/re & Secur/ty Of Groves, TX In The Arnount Of $12,898 For The Replacement Of A Fire Alarm System At The Recreation Center AGENDA APRIL 24, 2007 VI. CONSENTAGENDA- CONTINUED Consideration And Approval Of Awarding A Bid To Grande Ford Of San Anton/o, TXln The Amount Of $30,618 For A %-Ton Crew Cab Truck W/Utility Body For The Utility Operations Department (Water Distribution Division) Consideration And Approval Of Awarding Bids For Street Materials (Road Building Materials) To Vulcan Construction Materia/s, LP; Transit Mix Concrete & Materials; APAC - Texas; Chemical Lime Company; J. M. Kaufrnan & AMF Materials & Transport For The Public Works Department (Streets Division) Consideration And Approval Of Awarding A Bid To Chemtex £nv/ronmenta/ & /ndustr/a/ Hyg/ene Serv/ces Of Port Arthur, TX In The Amount Of $14,550 For Contract Laboratory Services For The Utility Operations Department (Wastewat:er Treatment Division) Consideration And Approval Of Awarding A Bid To Bobcat Of Beaumont Texas In The Amount Of $26,864 For One Mini Hydraulic Excavator For The Utility Operations Department (Water Distribution Division) Consideration And Approval Of The Purchase Of One 2007 Hazmat Trailer From P&P Trailer Sa/es Of Rose City, TX In The Amount Of $7,955 For The Fire Department Consideration And Approval Of The Purchase Of One Mobile Weatherpak MTR Portable Weather Station From ARAMSCO Of Thorofare, NJ In The Amount Of $14,850 For The Fire Department Consideration And Approval Of The Purchase Of One 2007 Ford F-150 Super Cab Pickup Truck From P/anet Ford 6 Of Houston, TX In The Amount Of $16,387 For The Fire Department Consideration And Approval Of The Purchase Of One (1) 30-Cubic Yard Trash Truck With Dump Body In 'The Amount Of $103,038 And One (1) 40-Cubic Yard Trash Truck And Trailer In The Amount Of $175,625 From HGAC (Through Rush Truck Center Of Houston, TX) For The Public Works Department Consideration And Approval Of The Purchase Of Twenty (20) Hand Held Ticket Writers In The Amount Of $79,114 And Maintenance In The Amount Of $9,800 From Brazos Techno/ogy Of Co//ege Stat/on, Texas For The Municipal Court AGENDA APRIL 24, 2007 VI. CONSENTAGENDA - CONTINUED Resolutions - Consent (1) P.R. No. 13846 - A Resolution By The City Council Thanking The Collective Efforts Of The Texas Department Of Transportation (TXDOT), Jefferson County Drainage District, Jefferson County, APAC Of Texas, Trinity Industries, And Transit Mix Concrete For Erecting The Safety Barriers Along Highway 73 By The Outfall Canal (Requested By Councilmember Flood) (2) P. R. No. 13944 - A Resolution Waiving The Fees To Be Assessed Pertaining To The Demolition And Cleanup Of The Sabine Pass Post Office (3) P. R. No. 14021 - A Resolution Approving The Award Of A Contract To ICU Environmental, Health & Safety For Lead Based Paint Inspection Services For Housing Rehabilitation Activities As Required In Title 24 Code Of Federal Regulations Part 35 (4) P.R. No. 14103 - A Resolution Authorizing An Access Agreement With Marathon Petroleum Company, LLC For The Installation And Monitoring Of Groundwells (5) P. R. No. 14105- A Resolution Authorizing The City Manager To Enter Into A Professional Services Contract With Employee Benefit Solutions Inc. (EBS) To Provide Administrative Services For The 2007 Retirees Drug Subsidy Filing At A Cost Of $15,000.00. Fund No. (S): 614-Health Insurance Fund (6) P. R. No. 14106 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $16,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A), To Be Charged To Account No. 132- 1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (7) P. R. No. 14107 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $11,500.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group B), To Be Charged To Account No. 132- 1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 AGENDA APRIL 24, 2007 VI. CONSENT AGENDA - CONTINUED (8) P. R. No. 14108 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $15,400.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group C), To Be Charged To Account No. 132- 1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (9) P. R. No. 14109 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $16,300.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group D), To Be Charged To Account No. 132- 1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (10) P. R. No. 14110 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $17,800.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group E), To Be Charged To Account No. 132- 1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (11) P. R. No. 14111 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $11,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group F), To Be Charged To Account No. 132- 1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (12) P. R. No. 14112 -A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In ']'he Amount Of $283,700.00 For The Repair And Painting Of The Pioneer Park Elevated Water Tank Between The City Of Port Arthur And Diversified Coatings, Ltd., Of Chicago, Illinois. Account No. 427-1626-532.85-00, Project No. 427602 (13) P. R. No. 14114 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And AAR, Incorporated Of Houston, Texas, In The Amount Of $24,,"i50 For Asbestos Abatement Of The Second Floor Of The Health Department (Account No. 132-1021-514.59- 00 Project No. SSBG01) AGENDA APRIL 24, 2007 VI. CONSENTAGENDA- CONTINUED (15) P. R. No. 14116- A Resolution Authorizing The City Manager To Execute A Lease Agreement Between The City Of Port Arthur And GE Modular Space For The Lease Of A Modula, r Building For Use At The Main WWTP, Until The Reconstruction Of The Main Wastewater Treatment Plant Administration Building. Account No. 123-2300-901.51-00, Project No. HRWWTP (16) P. R. No. 14117- A Resolution Authorizing The City Manager To Execute One (1) Contract Between The Po~'t Arthur Hispanic Baseball League And The City Of Port Arthur For The Use Of City's Baseball Field At Pioneer Park From April 15, 2007 Through July 31, 2007 (17) P. R. No. 14118 - A Resolution Rejecting Bids And Authorizing The Solicitation Of New Bids For Demolition Of Twenty-Two (22) Dangerous Structures With Transite Siding Located Throughout The City (18) (19) P. R. No. 14120 - A Resolution As It Pertains To Amending The City Of Port Arthur Section 4A Economic: Development Corporation Covenants And Restrictions Of The Port Arthur Business Park Pertaining To Landscaping And Screening Requirements For Port Arthur Business Park Located At 9555 W. Port Arthur Road P. R. No. 14121 - A Resolution Approving The Payment Of An Invoice From The National Development Council In The Amount Of $6,000 For Technical Assistance Rendered I~n The Month Of March 2007 For The City Of Port Arthur Section 4A Economic Development Corporation AGENDA APRIL 24, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No. 14088- A Resolution Authorizing The City Manager To Execute An Agreement With Carl R. Griffith & Associates, Inc. (2) P. R. No. 14115 -A Resolution /ks It Pertains To The Development Of Approximately 223.26 Acres Which Is Bounded By Knauth Road To The South And Extends Between West Port Arthur Road And Hebert Road To The West, Adjacent To The Federal Prison (3) P. R. No. 14119 -A Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Agreement Between The Pleasure Island Commission, Aquila Golf, And The City Of Port Arthur (4) P. R. No. 14123 - A Resolution As It Pertains To Requesting Texas & Kansas City Cable Partners, L.P. To Broadcast Candidate's Forums On The Education Channel (5) P.R. No. 14124 -A Resolution As It Pertains To Interim Debris Removal (6) P.R. No. 14125 - A Resolution Authorizing The City Manager To Enter Into Debris Removal Contracts B. Ordinances (1) P. O. No. 5743 - An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of The Property Damage Claim In The Amount Of $5,935.19 Made Against Pauline Miller And Allstate Insurance Company (2) P. O. No. 5744 - An C)rdinance Authorizing The Sale Of Abandoned Property By The City Of Port Arthur At A Public Online Auction (3) P. O. No. 5745 - An Ordinance Authorizing The City Manager To Enter Into A Developer Participation Contract With 5.156 Acres, LTD. C. *Reports And Recommendations (1) (2) (3) Report On Capital Improvement Needs And Possible Bond Issue Report On Trash Collection Report On Sewer Line Collapse Repairs *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 AGENDA APRIL 24, 2007 VIII. REPORTS OF BOARDS & COMMITI'EES IX. Xl. None *CLOSED MEETING (EXECUTIVE SESSION) 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 Sessio~r~ 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) (2) (3) (4) (5) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To 39th Street (Former Park Place Hospital Site) Section 551.087 Government Code - To Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects Section 551.071 Government Code - To Discuss Potential Litigation With The City Attorney As It Pertains To Glenda Gilmore And Bill Gilmore Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As To Personnel Or Devices As It Pertains To The Transport, Processing, Or Incineration Of Chemicals In The City Of Port Arthur And Veolia Environmental Services Section 551.071 and 551.074 - To Discuss The Evaluation Duties, And Responsibilities Of The Attorney And Attorneys Providing Legal Services To The City Of Port Arthur Section 4A Economic Development Corporation *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 ADJOURNMENT OF MEETING RULES OF DECORUH - PERSONS ADDRESSZNG COUNCZL & AUDZENCE MEMBERS 5. 6. 7. 8. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer, Speaking Procedure; Limitation on discussion and questioning. Each person addressing the Council shall step up to the microphone provided for the use of the p.,~blic and give his name and address in an audible tone of voice for the records, state that subject he wishes to discuss, state whom he is representing if he represents an organization or other person, and unless further time is grent~l by majori~/vote of the Council, 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 the Council and the person having the floor shall be permitted to enter inta any discussion, whether directly or through a member of the Council, without the permission of the Presiding Officer. Improper References/Disorderly Conduct By Person Addressing The Cound~, 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, tl~te order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. Addresses After ~lotion I~la#e or Public Headng CIo~ed. After a motion has been made or a public 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. Campaign Speeches Prohibited. No persons 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. O/sorderly ¢onduc~ 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 disturbs the peace and good order of the meeting. Limitations on Use of Supplemental Lighting. Limitations on uso of supplemental lighting for television and motion picture cameras to create the least amount e4: interference with or disturbance of Council proceedings and/or discomfort to the public. Persons Having Complaints, Alle~ations, or Char~es Against Individual City Employee~ 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 WareJng. All persons shall at the request of the Presiding Officer, be silent. Removal. Zf, 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. Zt' he does not remove himself, the Presiding Officer may order the Sergesnt-at0arms to remove him. Res/sting Removal. Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. 14orions 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 Reouestina To Be Heard On Aoenda Items (1) 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) 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. Specific Aaenda Itarn~ 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 three (3) minutes. "Specific Agenda ~toms" are defined as any item specified on the NoUce of Meeting posted for purposes of the Texas Open MeeUngs Law and which becomes the subject of a motion before the Council.