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HomeMy WebLinkAboutMAY 22, 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 "SHANE" SINEGAL City of Texas STEPHEN ,~ITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY A~i-ORNEY AGENDA City Council Regular Meeting May 22, 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 II. I¥. CZ, City Council Meeting City Hall Council Chamber City Of Port Arthur May 22, 2007 8:30AM 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 ZTEMS REQUZR~NG ZNDZVZDUAL AC'; ~.ON A. Ordinance P. O. No. 5749 - 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 12th Of May, 2007; A General Election For The Purpose Of Electing The Position Of Mayor; And A Special Election For Filling The Council Vacancies From Districts 1 And 2, And Ordering A Runoff Election For June 30, 2007 Resolution P. R. No. 14136 - A Resolution Documenting That Pursuant To The Amendment Of Section 9 Of Article II Of The City Charter Approved At The May 2, 1992 City Election In The City Of Port Arthur, Texas, The District 8 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 Tern Until The Next Regular Election Of Councilmembers ADMINISTRATION OF OATHS OF OFFICE ADMINISTRATION OF OATHS OF OFFICE TO NEWLY APPOINTED MAYOR PRO TEM AGENDA MAY 22, 20O7 V= ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Sinegal Councilmember Chatman, Jr. Councilmember Jones Councilmember Henderson Councilmember Prince Councilmember Flood Councilmember Beard Councilmember Williamson City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes - None VII. PETITIONS & COMMUNICATIONS A. Presentations (1) 2007 OAI/City Of Port Arthur Job Training Graduates (2) Presentation By Port Arthur HOPE And The Rev. Larry A. Guiterrez, SSJ Learning Center B..Speakers None C.Corres o~9D_dence None ~/111. PUBLIC HEARINGS - 9:00 AM None IX. UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: None AGENDA MAY 22, 2007 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 For The Purchase Of Two Pairs Of ATN Night Shadow 5X Mag Gert 3 Binoculars From Opt/csP/u$.net Of Fort Dodge, /A In The Amount Of $5,590 (Project Safe Neighborhood Grant) For The Police Department Consideration And Approval Of Awarding A Bid To BeaumontFreightliner Of Beaumont, TX In The Amount Of $12,428.97 For Repairs To A 2003 Caterpillar D7R Dozer (Equipment #1517) For The Public Works Department (Landfill Division) Consideration And Approval Of Payment To ALLCO, LTD., Of Beaumont, TX In The Amount Of $91,763.86 For Emergency Sewer Repairs At SH 347 And The KCS Right-Of-Way For The Utility Operations Department Consideration And Approval Of Payment To Rain ForRent Of Groves, TX In The Amount Of $8,625.41 For Rental Of Sewage Pumps For The Emergency Sewer Repairs At SH 347 And The KCS Right-Of-Way For The Utility Operations Department Consideration Houston, TX Pickup Trucks And Approval Of Awarding A Bid To Planet Ford 6 Of In The Amount Of $392,081.00 For Twenty-Three N-Ton For Various Departments Consideration And Approval Of Awarding A Bid To Copy & Camera Technologies Of Beaumont, TX In The Amount Of $8,961.58 For A Color Copier For The Parks And Recreation Department Consideration And Approval Of Payment To Smart's Truck & Trailer Equipment, /nc., Of Beaumont, TX In The Amount Of $7,336.48 For Transmission Repair To Fire Truck #942 Consideration And Approval Of Awarding A Bid To Clinical linage Management Systems (LLC) Of San Antonio, TX In The Amount Of $106,425 For X-Ray Equipment And Accessories For The Health Department MAY 22, 20O7 X. CONSENTAGENDA - CONTINUED Resolutions - Consent (1) P. R. No. 14151 -A Resolution Recommending The Renewal Of An Agreement With Baker & Taylor Located In Charlotte, North Carolina For The Purchase Of Books, Video & Audio Materials At An Annual Minimum Amount Of $55,000 (2) P. R. No. 14152 - A Resolution Approving An Optional Contract For Emergency Disaster Recovery Services With DRC Emergency Services, LLC (3) (4) P. R. No. 14155 -A Resolution Authorizing Acceptance Of The Certificate Of Completion, The Contractor's Certificate And Release, And The Contractor's Certificate Of Guarantee; And Authorizing Execution Of Change Order No. Six (6) And Final For The Lake Charles Area Wastewater Rehabilitation Project And Approving Final Payment Of $163,621.68 To Simco Enterprises, Ltd. And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas. Fund No. 426-1625-532.83-00, Project No. 426SIM P. R. No. 14156 ~ A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And ReaI-Tex, Port Arthur, Texas, For Renovations/Repairs To The Building Located At 3248 39th St. In An Amount Not To Exceed $33,150.00, Account 303-1601-591.82- 00 CIP707 (5) P. R. No. 14158 - A Resolution Authorizing The City Manager To Enter Into A Professional Services Contract With DFL Group, LLC, To Prepare Two Parks And Wildlife Department Grant Applications. Account No. 001- 1402-551.54-00 (6) (7) (8) P. R. No. 14168 - A Resolution Amending The City Of Port Arthur Parks, Recreation, And Open-Space Master Plan P. R. No. 14169 - A Resolution Authorizing The Contract Approving Twelve (12) Change Orders For Electrical Work At The Bob Bowers Civic Center From A&A Electric, Beaumont, Texas, In The Amount Of $22,532.46 Increasing The Contract Amount To $262,641.46 P. R. No. 14170- A Resolution Authorizing The City Manager To Execute An Agreement With CGI Communications, Inc. To Create A Community Video Showcase AGENDA MAY 22, 2007 CONSENTAGENDA _ CONTINUED (9) (10) (11) (12) P. R. No. 14178 -A Resolution As It Pertains To Setting A Public Hearing As To The Disannexation Of Additional Property As Requested By Golden Pass LNG (13) P. R. No. 14179- A Resolution Awarding A Contract To Lark Enterprises, Inc. In The Amount Of $7,500.00, And Authorizing The Execution Of A Contract For The Demolition Of A Dangerous Commercial Building (With No Asbestos) Located At 420 Highway 365, To Be Charged To Account No. 132-1021-514.59-00, Project No. SSBG03 P. R. No. 14180 -A Resolution Awarding A Contract To Basic Industries, Inc. In The Amount Of $18,290.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Two (2) Dangerous Commercial Buildings Located At 2424 Bluebonnet Avenue And 333 3rd Avenue, To Be Charged To Account No. 132-1021-514.59- 00, Project No. SSBG03 P. R. No. 14181 -A Resolution Awarding A Contract To AAR, Inc. In The Amount Of $34,325.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Three (3) Dangerous Commercial Buildings Located At 1147 Houston Avenue, 2323 Procter Street, And 4508 Procter Street, To Be Charged To Account No. 132- 1021-514.59-00, Project No. SSBG03 P. R. No. 14182 - A Resolution Awarding A Contract To Inland Environments, LTD. In The Amount Of $82,698.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Ten (10) Dangerous Commercial Buildings Located Throughout The City, To Be Charged To Account No. 132-1021-514.59-00, Project No. SSBG03 AGENDA MAY 22, 2007 Xl. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Reso utions (1) (2) (3) P. R. No. 14122 - A Resolution Approving An Economic Incentive Contract And Loan Agreement Between Triangle Waste Properties And The City Of Port Arthur Section 4A Economic Development Corporation P. R. No. 14143 - A Resolution Approving The March 2007 Invoices Of The City Of Port Arthur Section 4A Economic Development Corporation For Legal Services Rendered By Germer Gertz, LLP. P. R. No. 14144 - A Resolution Approving An Invoice Of The City Of Port Arthur Section 4A Economic Development Corporation For Legal Services Rendered By Crain, Caton & James As It Pertains To The KCS Site On West 7~h Street (4) P. R. No. 14145 - A Resolution Approving The First Amendment To The April 2006 Economic Incentive Contract Between Triangle Waste Solutions And The City Of Port Arthur Section 4A Economic Development Corporation (5) P.R. No. 14154 - A Resolution As It Pertains To Logan Park (6) P.R. No. 14157 ~ A Resolution As It Pertains To The License To Use Agreement With The Truth & Education Corporation For Room 201 Of The City Hall Annex (Requested By Mayor Ortiz) (7) P.R. No. 14159 - A Resolution Approving The Payment Of An Invoice From Amelia Lawn Care & Landscaping In The Amount Of $3,416.66 For Services Rendered In The Month Of April 2007 At The City Of Port Arthur Section 4A Economic Development Corporation Spur 93 Business Park (8) P.R. No. 14160 - A Resolution Approving The Payment Of An Invoice From The National Development Council In The Amount Of $6,000 For Technical Assistance Rendered In The Month Of April 2007 For The City Of Port Arthur Section 4A Economic Development Corporation (9) P.R. No. 14161 -A Resolution Approving The April 2007 Invoices Of The City Of Port Arthur Section 4A Economic Development Corporation For Legal Services Rendered By Germer Gertz, LLP. (10) P. R. No. 14162 - A Resolution Authorizing The Execution Of An Engineering Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Arceneaux & Gates Consulting Engineers, Inc., For Design And Construction Phase Services For The Extension Of Jade Avenue AGENDA MAY 22, 20O7 Xl. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (11) P.R. No. 14163 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Set A Moratorium On Cash Grant Incentives For The Remainder Of Fiscal Year 2007 (12) P.R. No. 14167 - A Resolutions Approving An Agreement With Dr. Hutchins For A Two Phase Study As It Pertains To The Hiring And Employment Practices Of Companies That Have Industrial District Agreements With The City Of Port Arthur (13) P.R. No. 14171 - A Resolution Pertaining To The Usage Of The Civic Center By The Truth & Education Corporation (14) P.R. No. 14183 -A Resolution Authorizing The Expansion Of The Scope Of The Contract With The LaBiche Architectural Group, Inc. As It Pertains To The Renovations Of The Second Floor Of The Health Department (15) P.R. No. 14184 - A Resolution Authorizing The Contract Between The City Of Port Arthur And KT Maintenance, Port Arthur, Texas For The Painting Of City Hall/Annex With Super Coat Voc, Waterproofing Wall Coating, In The Amount Of $60,355 Charge To Account 001-1206-531- 82-00 (16) P. R. No. 14185 - A Resolution Authorizing The Contract Between The City Of Port Arthur And Tri-Star Security Solutions Of Beaumont, Texas For The Installation Of Security System In City Hall, In The Amount Of $51,345 (17) P. R. No. 14186 -A Resolution Authorizing The Rejection Of The Sale Of The Entire Lot 10, Block 40, Griffin Park Addition, Located At 4444 Highland Drive, Port Arthur, Texas, Excluding The Lift Station In The Amount Of $80 B. Ordinances (1) P. O. No. 5747 - An Ordinance Authorizing The Donation Of Abandoned Bicycles To The Port Cities Rescue Mission And The Golden Gate Civic And Social Club (2) P. O. No. 5751 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2006 And Ending September 30, 2007 As To Fund Additional Expenses From The General Fund, The Hotel Occupancy Tax Fund, The Golf Course Fund And The Equipment Replacement Fund AGENDA MAY 22, 2007 Xl. Xll. Xlll. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (3) P.O. No. 5752 - An Ordinance Amending Part I Of The City Of Port Arthur Drug And Alcohol Policy For Non-CMl Service Employees In Accordance With The Drug-Free Workplace Act Of 1988 (4) P, O, No. 5753 - An Ordinance Authorizing The Sale Of The Strip Of Land (8' X 93.77') Located At 4444 Highland Drive, Port Arthur, Texas In The Amount Of $20 C. *Reports And Recommendations (1) Report On Drainage In Port Acres Area (Requested By Councilmember Flood) (2) Report On Grass Cutting Along Highway 73 And In Port Acres (Requested By Councilmember Flood) (3) Report On Possible Use Of Facility Located At 3538 9th Avenue (4) Report On Trash Collection *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 REPORTS OF BOARDS & COMMYFrEES - 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 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 Meet~n,q (1) (2) Section 551.072 Government Code - To Discuss The Value Of Land And Office Space At City Hall Section 551.072 Government Code ~ To Discuss The Value Of Land At The Port Iron Site Adjacent To Denbo Avenue And Rev. Dr. Ransom Howard Street 8 AGENDA MAY 22, 2OO7 (3) 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 XIV. 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 XV. ADJOURNMENT OF MEETING 5. 6. 7. 8. RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDZENCE MEMBERS Recognition by Presiding OftTcer. 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 public 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 granted by majority vote of the Council, shall limit his remarks to five (S) minutos. 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 into any discussion, whether directly or through a member of the Council, without the permission of the Presiding Officer. Xmpreper References, Disorderly Conduct By Person Addressing The 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, the 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 Hooting. Addresses After Motion Made or Public Hearing Closed. 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. 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 disturbs the peace and good order of the meeting. 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 Council proceedings and/or discomfort to the public. Persons Having Complaints, A/legations, or Charges 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 Warning. 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. If he does not remove himself, the Presiding Officer may order the Sergeant-at0arms to remove him. Res/sUng Removal, Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. Notions 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 meeUng of the City Council. Persons Re~uestina To Be Heard On Aoenda I~erc,; (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. $ 'fi A nda I em 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 Items" are defined as any item 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.