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HomeMy WebLinkAboutAPRIL 16, 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 CffY MANAGER JAN STRODER ACTING CITY SECRETARY MARK T. SOKOLOW CITY A'~'ORNEY AGENDA City Council Regular Meeting April 16, 2002 5:30 p.m. P.O. 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 April 16, 2002 5:30PM I1. III. IV. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tern 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 April 2, 2002 PETITIONS & COMMUNICATIONS A. Speakers (1) Brad Corley Regarding Presentation Of Grand Lodge Community Builder's Award (2) Bill Worsham Regarding Safety And Security In Marina Colony B. Correspondence None PUBLIC HEARINGS - 7:00PM None AGENDA CONSENT APRIL 16, 2002 VI. UNFINISHED BUSINESS None 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Separately Unless Requested By A,Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have B6en Acted Upon. Consideration And Approval Of Awarding A Bid For Emergency Repairs To A 1994 Caterpillar D-7H Dozer (Equipment #1107) To Mustang Tractor & Equipment Of Beaumont, Texas In The Amount Of $9,900.22 For The Public Works Department (Solid Waste Division). Consideration And Approval Of Awarding A Bid For The Purchase Of A Replacement Vehicle (2003 Ford Crow,-~ Victoria) To Philpott Motors, Inc. Of Nederland, TX In The Amount Of $25,396 For The Fire Department. Consideration And Approval Of Awarding A Bid For The Purchase Of Small Tools And Equipment For A New 1500 GPM Pumper To Dooley Tackaberry, Inc., Of Beaumont, Texas In The Amount Of $20,141.15 For The Fire Department. Consideration And Approval Of Payment To Aquila Golf In The Amount Of $10,266 For The Removal And Repair Of The Motors In Pump Station #2 At The Babe Zaharias Golf Course. Consideration And Approval To Increase The Purchase Amount Authorized To Tyler Uniform Company Inc., Tyler, Texas In The Amount Of $5,000 For Fire Department Uniforms. AGENDA CONSENT APRIL 16, 2002 VI. CONSENTAGENDA(CONTINUED) Consideration And Approval To Renew The Third Year Of The Existing Contract For Cleaning Police Uniforms And Other Clothing In Area "A" To Tip Top Cleaners (8190 9th Avenue, Port Arthur, TX) And Area "B" To Quality Cleaners (2844 7th Street, Port Arthur, TX). Estimated Amounts For Both Contracts For One Year Is $29,000. Consideration And Approval Of Awarding Unit Cost Bids For Water Treatment Chemicals, When Required, In The Estimated Amount Of $220,000 To The Following Vendors: Altivia (Houston, TX); Skyhawk Chemicals (Houston, TX); DXI Industries (Houston, TX); Carus Chemical Company (Peru, IL) & Therchem Corp. (New Iberia, LA) For The Utility Operations Department (Water Purification And Wastewater Treatment Divisions). Consideration And Approval Of Awarding A Bid For The Purchase Of One Vertical Turbine Pump To Pump Solutions, Inc., Of Houston, Texas In The Amount Of $8,936 For The Utility Operations Department (Wastewater Treatment Division). Consideration And Approval Of Renewing A Contract For Chemical Toilets To Be Placed At Various City Parks And Various Events Throughout The 2001-2002 Budget Year To Johnnie-On-The-Spot At An Estimated Cost Of $17,480. Consideration And Approval For The Purchase Of Laserfiche Plus Plug In Software From DynaSource In The Amount Of $5,195 For The Finance Department. K. Approval Of Expense Accounts: Mayor Oscar G. Ortiz: Use Of Personal Auto For City Business, March, 2002 $177.02 Mayor Pro Tem Felix Barker: Use Of Personal Auto For City Business, March, 2002 $142.27 Councilmember Robert A. Bowers: Use Of Personal Auto For City Business, March, 2002 $ 53.65 AGENDA CONSENT APRIL 16, 2002 VI. CONSENT AGENDA (CONTINUED) City Attorney Mark Sokolow: Use Of Personal Auto For City Business, March 14, 2002 & April 4, 2002 $ 27.38 Resolutions - Consent (1) P. R. No. 11704 - A Resolution Authorizing The Second Year Of The Existing Three-Year Contract With A.M.F. Materials And Transport, inc., Of Port Arthur, Texas For Wood Grinding Services, At A Unit Cost Of $0.65 Per Cubic Yard To Grind Approximately 90,000 Cubic Yards Per Year Of Green Waste, For An Approximate Yearly Cost Of $58,500. This Being The Second Year Of The Contract. Funds Are Available In The FY 2002 Public Works-Solid Waste Division Budget. Account No. 403-1274-533.59-00. (2) P. R. No. 11716 - A Resolution Authorizing The City Manager To Execute A Lease Purchase Financing Agreement With Wells Fargo Brokerage Services, LLC For $283,991 To Finance The Acquisition Of A Fire Truck For The Fire Department. (3) P. R. No. 11720 - A Resolution Authorizing The Third Year Of A Five-Year Contract With Rene' Bates Auctioneers, Inc., For The Sale Of Surplus Property. (4) P. R. No. 11721 -A Resolution Authorizing The City Manager To Execute An Agreement Wherein The City Of Port Arthur Will Locate A Police Sub-Station Within The Walmart ~08 Located Adjacent To Highway 69 At 8585 Memorial Boulevard. (5) P. R. No. 11723 - A Resolution Authorizing The Second Year Of The Existing Four-Year Contract To GTE Southwest Incorporated, D.B.A. Verizon Southwest Of Houston, Texas, For Maintenance And Service Of The City Of Port Arthur's Telephone Systems In The Amount Of $24,658.20. Funds Are Provided In Various Departmental Budgets For Fiscal Year 2002. AGENDA CONSENT APRIL 16, 2002 VI. CONSENT AGENDA (CONTINUED) (o) P. R. No. 11724 -A Resolution Authorizing The Second Year Of The Existing Three Year Contract With Patriot Security, Inc., Of Nederland, Texas, For Security Guard Service For The Public Works Operations Center And Garage-Service Center Compound, In The Amount Of $42,270 Per Year. Proposed Funding: FY 2002 Budget Accounts No. 001-1201-531.56-00 (66%) And 501-1281- 531.59-00 (34%). (7) P. R. No. 11728 - A Resolution Authorizing The City Manager And The City Attorney's Office To Do All Things Necessary To Execute The Settlement Of The City's Claim Against Circle V Transportation. (8) P. R. No. 11729 -A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Lloyd R. Haggard For The Provision Of Consultation Services For The City's Laboratory. (9) P. R. No. 11730 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (10) P. R. No. 11734 - A Resolution Authorizing The City Manager To Execute A Contract With Alpha-Lee Enterprises, Inc., Regarding The July 4, 2002 Fireworks Display. Total Cost Of The Contract Is $14,800 With The City's Contribution Being $7,400. Account No. 001-1003-512.59-00; M99901. (Requested By City Manager) (11) P. R. No. 11735 - A Resolution Authorizing An Agreement With The Texas Department Of Transportation For The Purchase Of Two Transit Vehicles. (12) P. R. No. 11737 - A Resolution Approving Change Order No. One To The Contract Between The City Of Port Arthur And Chicago, Bridge & Iron Company Related To The Painting Of The Pleasure Island Elevated Water Tank In The. City O~ Port Arthur, Texas. (Increases The Contract Amount By $22,900). Account No. 419- 1622-531.85-00; Project No. 419001. AGENDA NON-CONSENT APRIL 16, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION A. Resolutions P. R. No. 11722 - A Resolution Authorizing The City Manager To Execute An Agreement With Donnie M. Jones & Associates For Appraisals As It Relates To The Condemnation Of Lots Adjacent To West 7th Street. (Account No. 301-1601-591.54-00; CIP 909) (2) P. R. No. 11725 -A Resolution Authorizing The City Manager And The City Attorney To Purchase Lots 18 And 19, Block 2, Schmyser 3, That Is Adjacent To West 7th Street And To Execute The Necessary Closing Documents. (Account No. 301-1601-591.81-00; CIP 909) (3) P. R. No. 11726 - A Resolution Appointing An Advisory Director To Position A From District 1, 4, And 5 To The City Of Port Arthur Section 4A Economic Development Corporation. (Requested By Councilmember Gillam) (4) P. R. No. 11727 - A Resolution Scheduling Public Hearings To Review The Curfew Ordinance. (5) P. R. No. 11733 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lots 14 And 15, Block 2, Schmyser 3, That Is Adjacent To West 7th Street And To Execute The Necessary Closing Documents. (Account No. 301-1601-591.81-00; ClP 909). AGENDA NON-CONSENT APRIL 16, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION (CONTINUED) (6) P. R. No. 11736 - A Resolution Authorizing The Mayor And/Or The City Manager To Attend And Conduct A Public Hearing At The Offices Of The Port Of Port Arthur (221 Houston Avenue, Port Arthur) On April 26, 2002 At 9:00 A.M. Regarding The Issuance And Approval Of Port Of Port Arthur Navigation District Of Jefferson County, Texas Multi-Mode Variable Rate Demand Revenue Bonds (BASF Corporation Project) Series 2002A In The Aggregate Principal Amount Of $15,000,000 ("BASF Bonds"), Port Of Port Arthur Navigation District Of Jefferson County, Texas Multi-Mode Variable Rate Demand Revenue Bonds (ATOFINA Petrochemicals, Inc., Project) Series 2002B In The Aggregate Principal Amount Of $10,000,000 (The "ATOFINA New Bonds") And Port Of Port Arthur Navigation District Of Jefferson County, Texas, Multi-Mode Variable Rate Demand Refunding Revenue Bonds (ATOFINA Petrochemicals, Inc. Project), Series 2002C (The "ATOFINA Refunding Bonds") Per 26 USCS Section 147. (7) P. R. No. 11738 - A Resolution Appointing Members To The Citizen's Pipeline Advisory Committee. (8) P. R. No. 11740 - A Resolution Authorizing An Agreement With Gayle W. Botley & Associates For A Review Of The Receipt Of Municipal Court Fines. (9) P. R. No. 11742 - A Resolution Authorizing The Funding Of Extended Library Hours Of Abraham Lincoln Senior High School As To Provide Public Library Support For The Citizens Of Port Arthur. Account No. 001-1403-551.59-00. (Requested By Councilmember Gillam) (10) P. R. No. 11744 -A Resolution Supporting Jefferson County And The Southeast Texas Regional Airport's Efforts To Garner Support And Funding Through The Federal Government's Small Community Air Service Development Pilot Program To Attempt To Attract And Maintain Air Service To The Southeast Texas Regional Airport. AGENDA NON-CONSENT APRIL 16, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION (CONTINUED) B. Ordinances (1) P.O. No. 5249 - An Ordinance Declaring The Non-Use Of Certain Railroad Tracks Crossing Public Streets In The City Of Port Arthur, Texas. (2) P.O. No. 5254 - An Ordinance Appointing The Judges And Clerks For The Forthcoming General Election To Be Held May 4, 2002. (3) P.O. No. 5255 - An Ordinance Amending Section 114-34 Of The Code Of Ordinances As It Pertains To Article II, Emergency Medical Vehicle, Section 114-34 Conditions For Issuance Of Ambulance Agreement, Subsection 1 (a), (b) And (c) As It Pertains To Insurance Requirements. (Requested By City Manager) *Reports And Recommendations (1) Report On Ambulance Insurance Requirements (2) February, 2002 Financial Report (3) Report On Service Zone Employment Status (4) Report On Port Arthur Weed And Seed Program *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Repo~Recommendation Or To Request Additional Information And Records. VIII. REPORTS OF BOARDS & COMMITTEES None AGENDA NON-CONSENT APRIL 16, 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 Pending Litigation Against Entergy. (2) Section 551.071 Government Code - To Discuss With The City Attorney Procedures To Avoid Potential Litigation Pertaining To Marina Colony. (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation Against Time Warner. (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation Against Taylor Services. (5) Section 551.072 Government Code - To Discuss The Value Of Reserve E And F Of Stonegate Manor. (6) Section 551.072 Government Code - To Discuss The Value Of Lots On The West Side, Adjacent To West 7th Street. (7) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation Against Southern Union Gas. (8) Section 551.071 Government Code - To Discuss With The City Attorney Procedures To Avoid Litigation Involving The City As It Pertains To The Retention/Employment Of Personnel And Officers To The Economic Development Corporation. (Requested By Councilmember Linden) AGENDA NON-CONSENT APRIL 16, 2002 IX. *CLOSED MEETING (EXECUTIVE SESSION - CONTINUED) (9) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To The UDAG Loans At Bent Tree Village And Park Central Village. *The Items In Executive Session May Be Discussed And Acted On In Open Session X= 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. XI. ADJOURNMENT OF MEETING NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene ,~.t 8:30AM On April 17, 2002. During The Recess, No Action 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. 10 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 DISCUSSION, 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 IMPIEDLY~ PERSONAL, IMPERTINENT~ SLANDEROUS, E~EROGATORY, 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 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 OR DOES ANNOUNCE HIS INTENTION TO RUN, OR ISSUE ALREADY ORDERED ON A BALLOT FOR ELECTION. DISORBERLY 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, ALLEGATIONS, OR CHARGES AGAINST INDIVIDUAL CItY EMPLOYEES. NO PERSON SHALL MAKE ANY COMPLAINT, SPECIFIC ALLEGATION, OR CHARGE AGAINST AN INDIVIE)UAL 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 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 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 PERMITTEB TO ADDRESS THE COUNCIL THEREON FOR a PERIOl~ 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.