HomeMy WebLinkAbout02.10.09 REGULAR MEETINGDELORiS "BOBBIE" PRINCE, MAYOR
BACK CHATMAN, JR., MAYOR PRO TEM
COUNCIL MEMBERS:
ELIZABETH "LIZ" SEGLER
MORRIS ALBRIGHT, III
MARTIN FLOOD
JOHN BEARD, JR.
ROBERT E. WII.LIAMSON
D. KAY WISE
THOMAS J. HENDERSON
AGENDA
City Council
Regular Meeting
February 10, 2009
5:30 p.m.
STEPHEN FITZGIBBONS
CITY MANAGER
TERRI HANKS
ACTING CITY SECRETARY
MARK T. SOKOLOW
CITYATTORNEY
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P.O. BOX 1089 • F~iT ARTHI#t, TEXAS 77641-1089.409/983-8115 • FAX 409/983-8291
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
February 10, 2009
5:30PM
PLEASE TURN OFF OR MUTE ALL CELL PHONES
I. INVOCATION, PLEDGE & ROLL CALL
Mayor Prince
Mayor Pro Tem Chatman
Councilmember Segler
Councilmember Albright III
Councilmember Flood
Councilmember Beard
Councilmember Williamson
Councilmember Wise
Councilmember Henderson
City Manager Fitzgibbons
Acting City Secretary Hanks
City Attorney Sokolow
Sergeant At Arms:
Chief of Police Blanton Or Designee
II. PROCLAMATIONS & MINUTES
Proclamations
Minutes
January 27, 2009 Regular Meeting
III. PETITIONS & COMMUNICATIONS.
A. Speakers
(1) Chris Underhill Regarding Upkeep Of Port Arthur
(2) Virginia Dudley Regarding Trash Collection
(3) Frances Griffin Regarding "Help Us Be A Family-And Get In Shape", A Track At
Eagles Park
(4) Mayor Brad Bailey,. City Of Groves, Regarding Underdeveloped Property On
Hogaboom Road And Highway 347
B. Presentations
U.S. Census 2010. - Complete Count Committee - Billy Pruett,
Partnership Specialist, U.S. CensusBureau
C. Correspondence -None
AGENDA
FEBRUARY 10, 2009
IV. PUBLIC HEARINGS - 7:00 PM
To Consider Granting A Specific Use Permit For A Pet Grooming Business SUP-206,
Located At 2762 62"d Street (Location Is East Of Jade And South Of 62"d Street).
Applicants: Beth Westbrook & Ethel LaBure (Z08-11)
V. 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. 15077 - A Resolution As It Pertains To The Permit Application Of
Triangle Waste
VL 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 H-GAC (Through Rush Truck
Centers Of Texas) In The Amount Of $189,848 For The Purchase Of A 2009
GMC C8500 Trash Truck With Loader And A 40 CY Trash Trailer
B. Consideration And Approval Of Payment To Power/ine /ndustries In The Amount
Of $8,995 For The Purchase Of A Mobile Pressure Washer For The Fire
Department
C. Consideration And Approval Of Payment To Environments/ /mprovements, /nc.,
In The Amount Of $8,934 For The Purchase Of A Positive Displacement
(Progressive Cavity) Sludge Pump
D. Consideration And Approval Of Payment To ACFM, /nc., In The Amount Of
$10,435 For The Purchase Of A Blower For The Main Wastewater Treatment
Plant
E. Consideration And Approval Of Payment To BLOC Design-Bui/d, LLC In The
Amount Of $23,975 For The Purchase Of Radio Telemetry Systems For Several
High Level Alarms At The Main Wastewater Treatment Plant
2
AGENDA
FEBRUARY 10, 2009
VI. CONSENT AGENDA -CONTINUED
F. Consideration And Approval Of Payment To NAH, /nc., In The Amount Of $6,928
For Repairs To Gym Floor At Recreation Center
G. Consideration And Approval Of Payment To A&A E/ectric Company In The
Amount Of $22,247 For Installation Of A New Electric Service And Main Breaker
(Damaged By Hurricane Ike) At The Electrical Shop
H. Consideration And Approval Of Payment To Wa/ker's E/ectric In The Amount Of
$6,500 For Installation Of A Fusible Disconnect At The City Garage (103 H. O.
Mills Boulevard)
I. Consideration And Approval Of Payment To Huther & Associates, /nc., In The
Estimated Amount Of $7,720 For Laboratory Services (Biomonitoring Only) For
The Main And Port Acres Wastewater Treatment Plants
J. Consideration And Approval Of Payment To Tommie Vaughn Motors For The
Purchase Of A 2009 Ford-F250 Crew Cab 4x4 Pickup In The Amount Of $23,144
And A 2009 Ford F-150 4x4 Pickup In The Amount Of $17,366 For The City
Landfill
K. Consideration And Approval Of Payment To Tommie Vaughn Motors In The
Amount Of $21,322 For The Purchase Of A 2009 Ford Explorer XLT For City Hall
L. Consideration And Approval Of Payment To Sam Pack's Five Star Ford In The
Amount Of $19,463 For The Purchase Of A 2009 Ford F-250 Crew Cab Pickup
For The Engineering Division
M. Consideration And Approval Of Payment To Chemtex In The Amount Of $27,460
And Approval Of Payment To Anacon, /nc., In The Amount Of $1,406 For
Laboratory Services (Non-Biomonitoring)
N. Consideration And Approval Of Payment To Neches Engineers In The Amount Of
$7,612.69 For Assessment Of Damages To Fire Station #4 In Sabine Pass
Resolutions -Consent
(1) P. R. No. 15025 - A Resolution Awarding A Contract To Jamal Building In The
Amount Of $13,422.00, And Authorizing The Execution Of A Contract For The
Demolition Of Six (6) Dangerous Residential Properties (Group E), To Be
Charged To Account No. 106-1425-571.59-00, Project No. RITA01 (TDHCA
Funds)
3
AGENDA
FEBRUARY 10, 2009
VI. CONSENT AGENDA -CONTINUED
(2) P. R. No. 15026 - A Resolution Awarding A Contract To Jamal Building In The
Amount Of $14,972.00, And Authorizing The Execution Of A Contract For The
Demolition Of Six (6) Dangerous Residential Properties (Group F), To Be
Charged To Account No. 106-1425-571.59-00, Project No. RITA01 (TDHCA
Funds)
(3) P. R. No. 15038 - A Resolution Authorizing The City Manager And The City
Attorney To Purchase Lot 1, Block 5, Schmyser 3 Addition (West 6th Street) And
To Execute The Closing Documents (Project #CIP 909, Account No. 303-1601-
591.81-00)
(4) P. R. No. 15052 - A Resolution Authorizing The City Manager To Execute An
Interlocal Contract Relating To The Planning, .Development, Operation And
Provision Of 9-1-1 Service And The Use Of 9-1-1 Funds
(5) P. R. No. 15074 - A Resolution Authorizing The City Manager To Execute A
Master Services Agreement With Paymentus Corporation To Provide Electronic
Bill Paying Services To The City Of Port Arthur
(6) P. R. No. 15081 - A Resolution Awarding A Bid And Authorizing The Execution
Of A One (1) Year Contract Between The City Of Port Arthur And Scodeller
Construction Of Wixom, Michigan For Crack Sealing Of Concrete And Asphalt
Pavements On A Unit Cost Basis For Various City Funded And Community
Development Block Grant (CDBG) Funded Street Projects; Proposed Funding:
Street Division Account 001-1203-531.36/51/86 And CDBG Street Project
Accounts
(7) P. R. No. 15082 - A Resolution Authorizing The City Manager To Execute A
Janitorial Services Contract For The Utility Operations Service Center And
Warehouse With Southeast Texas Building Services Of Nederland, Texas, In The
Amount Of $7,020 Per Year. Account No. 410-1251-532.59-00
(8) P. R. No. 15088 - A Resolution Approving Interlocal Agreement Between The Ciry
Of Port Arthur And Workforce Solutions Southeast Texas For Reimbursement Of
Rental Costs For Equipment Related To Hurricane Ike Recovery In An Amount
Not To Exceed $265,709.97. (Account No. 121-2300-901-51-00 -Applicable
Project)
(9) P. R. No 15090 - A Resolution Authorizing Acceptance Of An Engineer's
Certificate Of Completion, Contractor's Certificate And Release, And
Contractor's Certificate Of Guarantee From Camden Builders, Inc. Fo.r The
Completion Of The Public Water System Improvements Serving Stone Creek
Apartments, And Authorizing The City Manager To Sign The Certificate Of
Acceptance On Behalf Of The City Of Port Arthur, Texas
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AGENDA
FEBRUARY 10, 2009
VI. CONSENT AGENDA -CONTINUED
(10) P. R. No. 15091 - A Resolution Authorizing Acceptance Of An Engineer's
Certificate Of Completion, Contractor's Certificate And Release, And Contractor's
Certificate Of Guarantee From Richard Daley For The Completion Of The Public
Sewer System Improvements Serving Quail Hollow Phase 1 Subdivision, And
Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf
Of The City Of Port Arthur, Texas r
(11) P. R. No. 15092 - A Resolution Authorizing A Memorandum Of Understanding
Between The Texas Forest Service And Regional Incident Management Team
Member And The City Of Port Arthur
(12) P. R. No. 15094 - A Resolution Awarding The Bid For Repairs To Rose Hill
Manor Due To Hurricane Ike To Pepper's Construction In The Amount Of $9,500.
Proposed Funding: 121-2300-901.32-00 IKERH
(13) P. R. No. 15096 - A Resolution Approving Water And Sewer Adjustment To
Certain Utility Accounts
(14) P. R. No. 15097 - A Resolution Authorizing The Execution Of A Contract For The
Rental Of Two Automated Side Loader Garbage Trucks From Big Truck Rental,
LLP Of Tampa, Florida In The Total Amount Of $60,000. Account No. 403-1272-
533.51-00
AGENDA
FEBRUARY 10, 2009
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
(1) P. R. No. 15053 - A Resolution Appointing Or Reappointing A Member Or
Members To The Pleasure Island Commission
(2) P. R. No. 15055 - A Resolution As It Pertains To Eagle Ridge Apartments, Ltd.
(Requested By Councilmembers Williamson, Henderson And Albright)
(3) P. R. No. 15083 - A Resolution As It Pertains To The Permit Application Of Port
Iron
(4) P. R. No. 15089 - A Resolution As It Pertains To PA Holdings III, Ltd.
(5) P. R. No. 15093 - A Resolution Appointing And/Or Reappointing A Member Or
Members To The Advisory Wellness Committee
B. Ordinances
(1) P. O. No. 5949 - An Ordinance Granting An Excavation Permit Issued Pursuant
To Article VII (Excavations) Of The Code Of Ordinances Of The City Of Port
Arthur To Roya Estates Located South Of Lake Arthur Drive And West Of
Proposed 67th Street (AKA Part Of Lot 5, Block 10, Range "G" Lots 7 & 8, Block
10, Region "H" And Part Of Reserve "C" Port Arthur Land Company, City Of Port
Arthur, Jefferson County, Texas
(2) P. O. No. 5967 - An Ordinance Repealing Section 2-53 Of The Code Of
Ordinances As It Pertains To Executive Sessions (Requested By Mayor Prince)
(3) P. O. No. 5971 - An Ordinance Providing For The Conduct Of The May 9, 2009
General Election For The Purpose Of Electing Councilmembers For Districts 5
And 6, Providing For A Joint Election With The Port Arthur Independent School
District, The Sabine Pass Independent School District, The Port Of Port Arthur
Navigation District And The Sabine Pass Port Authority, In Accordance With
Chapter 271 Of The Texas Election Code, And Providing For The Publication Of
The Election Notice
UN ESTATUTO QUE PREVE EL LLEVAR A CABO LA ELECCIbN GENERAL DEL 9 DE MAYO,
2009 CON ELFIN DE ELEGIR MIEMBROS DEL CONSEJO MUNICIPAL PARR EL DISTRITO 5 Y
6, Y PREVIENDO UNA ELECC16N EN UNIbN CON EL DISTRITO ESCOLAR INDEPENDIENTE
DE PORT ARTHUR, EL DISTRITO ESCOLAR INDEPENDIENTE DE SABINE PASS, EL
DISTRITO DE NAVEGACIbN DEL PUERTO DE PORT ARTHUR Y LA AUTORIDAD DEL
PUERTO DE SABINE PASS, DE CONFORMIDAD CON EL CAPITULO 271 DEL CbDIGO DE
ELECCIbN DE TEXAS, Y PREVIENDO LA PUBLICACI~N DEL AVISO DE LA ELECCI~N
6
AGENDA
FEBRUARY 10, 2009
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED
(4) P. O. No. 5976 - An Ordinance Awarding A Bid For The Sale Of Property Located
At 3510 Lake Arthur Drive
(5) P. O. No. 5977 - An Ordinance Amending Section 22-162 Of The Code Of
Ordinances As It Pertains To Metal Recycling Facilities, Requiring Vehicles That
Carry Scrap That Is Of Such A Nature That It Can Fall Out Of The Truck To Have
A Tarp, Providing For Publication And Providing For A Penalty Which Includes A
Fine Not Exceeding Two Thousand Dollars (Requested By The Mayor)
(6) P. O. No. 5978 - An Ordinance Accepting The Deed For A 60 Foot Wide Street
Right-Of-Way Out Of And A Part Of Lots 1 And 2, Block 12, Range "J" And Lots 7
And 8, Block 11 Range "J", Port Arthur Land Company Subdivision In Port Arthur,
Texas From Redwine Family Partners, Ltd. And Dedicating The 60 Foot Wide
Street Right-Of-Way For Anchor Drive Extension From Jimmy Johnson Blvd.
Southerly For A Distance Of 500 Feet, More Or Less
(7) P. O. No. 5979 - An Ordinance As It Pertains To A Tire Bounty Program (Account
No. 403-1271-533.59-00)
(8) P. O. No. 5981 - An Ordinance Amending Section 90-162 Of The Code Of
Ordinances As To Admission Practices During Mardi Gras (Requested By
Councilmember Flood, Mayor Pro Tem Chatman, And Councilmember Beard)
C. *Reports And Recommendations
(1) Report On Fees Charged For Demolition Of Commercial Buildings
(2) Report On Tax Credit Projects
(3) Report On CDBG Grant Application Process
(4) Report On Crime Statistics & Surveillance Cameras
(5) Report As To Possible EDC Proposition Or Propositions For May 2009
Special Election
(6) Report On FEMA/Recovery Update
*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
IX. 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
X. ADJOURNMENT OF MEETING
7
RULES OF DECORUM -- PERSONS ADDRESSING COU•IVCIL 8~. AUDIENCE MEMBERS
1. RernyNaloo by Prmr/d/Rp per. No person shall'address-the Coundl without firs! being recognized by the
Presiding O(fioer.
~ ~~ iwney Umitation on disa~sbn and questloning. Each person addresdng the Coundi shalt step
up to the microphone pr~~ fbr the y~ ~ ~ p~k and give his name and address in an audible tone of
voice for the records, state,tiax sut~eet he wishes to-disca~ss; state whom~he Ts representing M he represents an
organization or other person, and unless >tuther tlrne k granted by ~~y ~~ of the Coundl, shag limit h1s
remarks to flue (37 ndnutes. Ail ranarks shall be addr+msed to the Coundl as a whole and not to any member
thereof. No person other than members of the Coundl and the person having the floor shall be. permitted to
Pnesid ntoadisau~sion, whether directlyor theoagh a member of the Coundl, without the.permission of the
3. .. Inrpvopsr R Dhaorder/y Condad' Qy Permit .4ddr+aslip The Coandf
impliedly, psrsonay impertine~ sla ~Y Peen making, expressly or
' ~ wNifutly utters loud, tfireatening or abusive ~ery• discourteous, snide, or Profane.r+emarks or who
imPa~er disrupt, or dkturb the ~ ~, or engages, in any disorderly conduct whidt would.
orderly conduck, the order by the Presiding Officer, and if such conduct
continues, nay. at the discretion of the Presiding Offker, be orden3d barred firm further audhenoe'before the'
Cound! during fiat Meeting. .
~ ~~w1~r IM-odbvi Made or Pri4r/c Naaifily . After a rnotiat has been made or a public hearing has
..been dosed, no mamba. of thq publk shag address the Coundl from the audience on the matter under
consideration without first secaring pern~sion do do so by ina~orlty vote of the City CotmdL
'-L ~mtPa~+ ~sp~eer/les Pl~/iZ6/ted, No persons wip ba allowed to address the City Coundl by making campaign
speed~ss for or against any candidate who has announced ar does announce his intention to run, or issue
already oMered on a baitot for eledfon.
~ ~ Candact No person in the audience shall engage in disorderly conduct such as hand da in
P ng feet;, whistling, using profane tan u e PP 9.
:disturbs the peace and gag .Yelling, and similar demonstrations, whkh conduct
good order of the meeting.
7. Ui~bf~ ~ (~ olSypP/eni~eob/ ~~~ Limitations on use of supplemental lighting for televWon and
nwtion Pi~r1° cameras to create the least amount of interference with or disturbance of Coundl proceedings
and/or discomfort to the public
8. Pe~vn~s Har~lag C~~/nts;, A///egadon4, o~ C~siye4,gpalnst Iirdlv/dua/ Gty Emp/oyeee No
any eompiai~, spedflc allegation, or darga against.an individual Person shall make
unless ha:Arst shows that he has' unwed a City•Employee by name in a•public meeting
. P ppropriate administrative dtannels:~ ~ • • •
ENFORCEMENT OF DECORUM
Warr/np: AU persons shall at the request of the Presiding Otfioer; be silent.
RerrovaL It, after' receiving a warning from the Presi~ng Officer, a person persists in disturbing the meeting, such
Officer may order film to romove himseM from the meeting. If he does not remove himself, the Presiding Offlcor may
order the Sergeant at0an;ns to remove him.
Rs~-ily Rarrovi/. Any person who resists removal by the Sergeant-atarms ahail be charged with vlotating V.T.C.q,
Penal Code 42.05.
Motlaris To !'nl6rr~ Any Coundlmember may move to require the Presiding Officer to eMorce this division, and the
afflrnativa vote of a rnadority of tite Coundl shall rogylre him to do so.
RULES OF PROCEDURE ~ '
. ,•.
The City Secretary shalt make pu61i~, In aeeoManae with the Texas Open Meetings Law, sn agenda containing ail
business to be dbcussed at a meeting of the Ctty Coundi.
any 'matter •may ~ do so (1) Residents. Any resident who wishes to address the Council on
~/ notifying the Ctly Sea'etary in accoManee with tithe Texas Open Meetings'Law. (2)
Nonresidents. Any nonresident wishing to address the Coundl shalt notify the City Secretary and spedfy his interest in
the matter being considered. The City Secretary shag proses such request to (fie Presiding OfRcer.fo~ approval before
pladng the nsna on the Agenda..
After a motion, second and dlsa~sdof} by the City Coundl on any spedfic agenda item, and
'before a vote is taken, the Presiding Officer shall recognize any dtizen to the audience wishing to a~ldress~the coundl
on ~~ ~~ who sh~l ~ permitted to address the Coundl thereon for a period of three (3) minutes. "Spedflc Agenda
items" are defined as any item specified on the Notice of Mdetln9 posted for. purposes of the Texas Open Meetings Law
and which becomes the subject of a motion before the Coundi.