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Home My WebLink AboutMARCH 19, 2002OSCAR G. ORTIZ, MAYOR FELIX A. BARKER, MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH THOMAS J. HENDERSON TOM GILLAM, III REV. RONNIE LINDEN BOB BOWERS ROSE MITCHELL CHAISSON ROBERT E. ALLEN City of Texas STEPHEN FITZGIBBONS CITY MANAGER JAN STRODER ACTING CITY SECRETARY MARK[ SOKOLOW ClTY A~i-ORNEY AGENDA City Council Regular Meeting March 19, 2002 5:30 P.M. P.O. BOX 1089 . PORT ARTHUR, TEXAS 77641-1089 · 409/983-8115 · FAX 409/983o8291 CITY COUNCIL MEETING City Hall Council Chamber City Of Port Arthur March 19, 2002 5:30PM II. III. IV. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Barker Councilmember Hannah Councilmember Henderson Councilmember Gillam III Councilmember Linden Councilmember Bowers Councilmember Chaisson Councilmember Allen City Manager Fitzgibbons Acting City Secretary Stroder City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes - Regular Meeting Held March 5, 2002 PETITIONS & COMMUNICATIONS Presentation By Three River's Council Of Boy Scouts Of America On Proper Flag Etiquette. (Requested By Councilmember Bowers) B. Speakers Alfred Dominic Regarding Discrimination Concerns C. Cormspondence None PUBLIC HEARINGS - 7:00PM None AGENDA CONSENT MARCH 19, 2002 VI. UNFINISHED BUSINESS The Following Items Of Business Were Held From Previous Meetings At Which No Action Was Taken On These Items: (1) P. R. No. 11661 -A Resolution Authorizing The City Manager To Execute An Agreement With National Reimbursement Services, Inc., To Provide A Billing Service For Fire Department Emergency Response Costs. (2) P. R. No. 11684 A Resolution Ratifying And Confirming Appointments To The Board Of Directors Of The Port Arthur Housing Finance 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. Authorization For Entergy-Texas To Install Three New Points Of Single Phase Meter Service To New Leachate Pumps And Tanks Located At The City's Landfill In The Amount Of $8,770.34. Consideration And Approval Of Awarding A Bid For The Purchase Of One 84" Padded Drum Vibratory Roller With A 7,500 Hour/5 Year Extended Warranty To R. B. Everett & Company Of Houston, Texas In The Amount Of $77,452 For The Public Works Department (Street Division). Consideration And Approval Of Awarding A Bid For The Purchase Of #57 And #67 Rock Embedment Materials To APAC-Texas, Inc., Of Beaumont, Texas In The Unit Price Amount Of $14.50/Ton (Plus $3.00Fron For Delivery, If Needed) And Reject Bids Received For #610 Limestone Material For The Utility Operations Department, Water Distribution And Wastewater Conveyance Divisions. AGENDA CONSENT MARCH 19, 2002 VI. CONSENT AGENDA (CONTINUED) Consideration And Approval Of Awarding Contracts For Various Materials To The Following Vendors: Emulsions, Asphalt And Prime Oil To Eagle Asphalt, Koch, Crafco And Performance Grade Asphalt; Award Tongue And Groove Concrete Pipe And Concrete Box Culverts To National Concrete And Hanson Pipe; Soils To Redwine, Concrete Building Materials To Quality And Parker And Road Building Material To Vulcan Material, Trinity Aggregates Distribution, APAC, Austin White, TXI, Quality, AMF And ChemLime. All Materials Will Be Utilized By Various City Departments At An Estimated Yearly Cost Of Approximately $1,000,000. Consideration And Approval Of Awarding A Bid For The Purchase Of Two Workstations And Juvenile Tracking Software To MKY Enterprise Of Port Arthur, Texas In The Amount Of $8,000 For The Police Department. Consideration And Approval Of Awarding A Bid For Repairing/Refurbishing Commercial Refuse Containers To Quality Containers Of Houston, Texas At Various Listed Unit Prices For The Public Works Department (Solid Waste Division). G. Approval Of Expense Accounts: Mayor Oscar G. Ortiz: Use Of Personal Auto On City Business, February, 2002 $ 117.89 Mayor Pro Tem Felix A. Barker: Use Of Personal Auto On City Business, February, 2002 $ 100.00 Coucilmember Robert E. Allen: Use Of Personal Auto On City Business, February, 2002 $ 71.91 Councilmember Robert A. Bowers: Use Of Personal Auto On City Business, February, 2002 $ 50.01 3 AGENDA CONSENT MARCH 19, 2002 VI. CONSENT AGENDA (CONTINUED) City Attorney Mark T. Sokolow: Use Of Personal Auto On City Business, March 4, 5 & 8th, 2002 $ 31.40 Resolutions - Consent (1) P. R. No. 11696 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (2) P. R. No. 11697 - A Resolution Authorizing The City Manager To Approve The City's 2002 Community Development Block Grant Program In The Amount Of $1,901,000 That Will Be Submitted To The United States Department Of Housing And Urban Development. An Additional $16,000 Will Be Reprogrammed From Project #105-1431-552.59-00; C27133 Care Community Homes And $20,541 From 105-1431-552.59-00; C27140 Giving A Total Funds Available $1,937,541, To Fund Eligible CDBG Activities. (3) P. R. No. 11698 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $6,500.00 For Demolition Of The Griffing Park Above Ground Concrete Storage Tank Between The City Of Port Arthur And Gissco, Of Beaumont, Texas. Water System Improvements Account No. 419-1622-531.85-00, Project No. 419103. (4) P. R. No. 11699 - A Resolution Approving An Amendment (Attachment 2) To The Contract Between The City Of Port Arthur And Texas Department Of Health As To Re-Budget The Financial Assistance By $28,944 For Additional Medical Staff. (5) P. R. No. 11700 -A Resolution Authorizing The City Manager And The Fire Chief To Make Application To The Federal Emergency Management Agency For The Assistance To Firefighters Grant Program In The Amount Up To $750,000. The Grant Applications Will Be Submitted Before April 1, 2002 To The Federal Emergency Management Agency In Emmitsburg, Maryland. AGENDA CONSENT MARCH 19, 2002 VI. CONSENT AGENDA (CONTINUED) (6) (7) (8) P. R. No. 11701 - A Resolution Amending The Contract With Aquila Golf, Inc., As It Relates To Maintenance And Repair Costs Shared By The City. (Requested By City Manager) P. R. No. 11702 -A Resolution Rescinding Resolution No. 00-180 And Authorizing The Mayor Of The City Of Port Arthur To Execute An Amended Local Transportation Project Advance Funding Agreement In The Amount Of $288,570~ With The Texas Department Of Transportation For The Improvement Of 32nd Street From 9th Avenue To Lombardy Drive. Funding Is Available In The FY2002 Budget, Account No. 302-1601-591.86-00, CIP 806. P. R. No. 11703- A Resolution Rescinding Resolution No. 00-184 And Authorizing The Mayor Of The City Of Port Arthur To Execute An Amended Local Transportation Project Advance Funding Agreement In The Amount Of $237,621 With The Texas Department Of Transportation For The Improvement Of Griffing Drive From Highway 347 To Lombardy Drive. Funding Is Available In The FY2002 Budget, Account No. 302-1601-591.86-00, CIP 806. AGENDA NON-CONSENT MARCH 19, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION A. Resolutions P. R. No. 11689 - A Resolution Approving The Application Of The Amstar Ambulance Group Port Arthur Inc. For An Ambulance Agreement. B. Ordinances (1) P. O. No. 5250 - An Ordinance Authorizing The City Manager And City Attorney To Transfer Property (Parcels 2.1 And 2.3 Of Block 152) To The Port Arthur Section 4A Economic Development Corporation For The Tres Caballeros Project. (Requested By Mayor Ortiz) (2) P. O. No. 5251 - An Ordinance Authorizing The City Manager And City Attorney To Transfer Lot 3, Block 142, City Of Port Arthur (742 Procter) To The Port Arthur Evening Sertoma Club, Inc. (Requested By City Manager) C. *Reports And Recommendations (1) Report On Traffic Enforcement On Hwy. 69 From 39th To 32nd Street (Requested By Councilmember Allen) (2) Report On Citizen's Pipeline Advisory Committee (3) Report By Amstar On Proposed Provisions Of Ambulance Service Within Port Arthur. ' *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. VIII. REPORTS OF BOARDS & COMMITTEES None AGENDA NON-CONSENT MARCH 19, 2002 IX. *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 Meeting: (1) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Between The City And Firefighters. (2) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation In The Case Of Linda Bates Vs. Norris Louviere, Cause No. A-162,921. *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA NON-CONSENT MARCH 19, 2002 Xl, FUTURE AGENDA ITEMS OR REQUESTED REPORTS Items For Future Agenda Consideration Or Reports From Staff May Requested But No Discussion Of Any Item Or Request Shall Take Place. ADJOURNMENT OF MEETING Be NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On March 20, 2002. During The Recess, No Actions 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 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 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 (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 INTO ANY DISCUSS~ON~ WHETHER DIRECTLY OR THROUGH A MEMBERS OF THE COUNCIL, WITHOUT THE PERMISSION OF THE PRESIDING OFFICER. IMPROPER REFERENCES, DISORDERLY CONDUCT BY PERSON ADDRESSING THE COUNCIL: ANY PERSON MAKING, EXPRESSLY OR IMP~EDLY~ 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 IAUDIENCE BEFORE THE COUNCIL DURING THAT MEETING. 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 OB DOES ANNOUNCE HIS INTENTION TO RUN, OR ISSUE ALREADY ORE}ERED ON A BALLOT FOR ELECTION. DISORDERLY CONDUCT. NO PERSON IN THE AUDIENCE SHALL ENGAGE ~N D~SORDERLY CONDUCT SUCH AS HAND CLAPPING, STAMPING OF FEET, WHISTLING, USING PROFANE LANGUAGE, YELLING, AND SIMILAR DEMONSTRATIONS, WHICH CONDUCT D~StURBS 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 DISTUBBANCE OF COUNCIL PROCEEDINGS AND/OR DISCOMFORT TO the PUBLIC. PERSONS HAVING COMPLAINTS, ALLEGATIONS, OR CHARGES AGAINST INDIVIDUAL CITY EMPLOYEES. NO PERSON SHALL MAKE ANY COMPLAINT, SPECIFIC ALLEGATION, OF~ CHARGE AGAINST AN INDIVIDUAL CITY EMPLOYEE BY NAME IN A PUBLIC MEETING UNLESS HE first SHOW THAT HE HAS PURSUED APPROPRIATE ADMINISTRATIVE CHANNEL. RULES OF PROCEDUre THE CITY SECRETARY SHALL MAKE PUBLIC, IN ACCORDANCE With THE TEXAS OPEN MEETINGS LAW~ AND AGENDA CONTAINING ALL BUSINESS TO BE DISCUSSED AT A MEETING Of THE CITY COUNCIL. PERSONS REQUESTING TO BE HEARD ON AGENDA ITEMS (1) RESIDENTS. ANY RESIDENt WhO WISHES TO ADDRESS THE COUNCIL ON ANY MATTER MAY DO SO BY NOTIFYING THE CItY SECRETARY ~N 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 AGENDA 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 PERSON 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'1 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.