Loading...
HomeMy WebLinkAbout05.05.09 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR JACK CHATMAN, JR., MAYOR PRO TEM COUNCIL MEMBERS: ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON AGENDA City Council Regular Meeting May 05, 2009 5:30 p.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY 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. City Council Meeting City Hall Council Chamber City Of Port Arthur May 5, 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 City Secretary Hanks City Attorney Sokolow Sergeant At Arms: Police Chief Blanton Or Designee I1. PROCLAMATIONS & MINUTES Proclamations Minutes April 14, 2009 Special Meeting/Public Hearing April 14, 2009 Special Meeting April 14, 2009 Joint/Special Meeting March 31, 2009 Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers Joan Menard Jones And Gary Jones Regarding City Employment Practices B. Presentations Gwendolyn Simmons Of DeQueen Elementary Regarding DeQueen School Writers' Guild C. Correspondence None AGENDA MAY 5, 2009 IV. PUBLIC HEARINGS - 7:00 PM None V. UNFINISHED BUSINESS The following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Item: Resolutions (1) P. R. No. 15201 - A Resolution Appointing A Committee As It Pertains To The Homeless Prevention Program (2) P. R. No. 15202 - A Resolution Accepting A Water Utilities Easement From The Housing Authority Of The City Of Port Arthur For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (3) P. R. No. 15203 - A Resolution Authorizing Acceptance Of An Engineer's Certificate Of Completion From Arceneaux & Gates Consulting Engineers, Inc., And A Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee From Brownstone Construction, LTD For The Completion Of The Public Water System Improvements Serving Gulf Breeze II Apartments, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas. (4) P. R. No. 15216 - A Resolution As It Pertains To Retaining A Collection Firm Ordinance P. O. No. 5999 - An Ordinance Amending Sections 10-161 And 10-164 Of The Code Of Ordinances As It Pertains To The Restraints Imposed On Pets, Providing For A Penalty Not To Exceed $500 Per Day, And Providing For Publication 2 AGENDA MAY 5, 2009 VI. 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 a Request From The Jefferson County Tax Assessor-Collector For The Waiver Of Penalties And Interest In The Amount Of $893.38 On Four (4) Accounts B. Consideration And Approval Of Awarding A Bid To Philpott Ford Motors, Nederland, TX (Through HGAC) In The Amount Of $495,464.45 For The Purchase Of Fifteen (15) Police Vehicles C. Consideration And Approval Of Awarding A Bid To GT Distributors, Austin, TX In The Estimated Amount Of $22,621 For The Purchase Of Work Uniforms For The Fire Department D. Consideration And Approval Of Awarding A Quote To Erling Sales And Service, Houston, TX In The Amount Of $20,145 For The Purchase Of A 5,000 Gallon Fuel Tank (Damaged By Hurricane Ike) At The City's Landfill E. Consideration And Approval Of Payment To Heil Of Texas, Houston, TX In The Amount Of $10,869.18 For Repairs To A 2002 Volvo Garbage Truck (Equipment #1486) F. Consideration And Approval Of Payment To Allied Electrical Contractors, Beaumont, TX In The Amount Of $16,414 For The Replacement Of A 2000A Main Breaker (Damaged By Hurricane Ike) At The Main Wastewater Treatment Plant G. Consideration And Approval Of Awarding A Quote To Sungard Public Sector In The Amount Of $13,440 For The Purchase Of Software, Installation And Training For A Procurement Card Tracking Module Program H. Consideration And Approval Of A First-Year Renewal Contract With Cintas Corporation, Beaumont, TX In The Amount Of $15,000 For City Workers' Uniforms AGENDA MAY 5, 2009 VI. CONSENT AGENDA -CONTINUED Consideration And Approval Of Awarding Bids To The Following Vendors For Police Department Uniforms: Uniform Pants And Winter Jackets Awarded To GT Distributors, Austin, TX; Windbreakers Awarded To Tyler Uniforms, Tyler, TX; Uniform Shirts Awarded To Lonestar Uniforms, Houston, TX; Raincoats Awarded To Code Blue Police Supply, Beaumont, TX Consideration And Approval Of Payment To Mustang Tractor & Equipment, Beaumont, TX In The Amount Of $11,103.24 For Repairs To A 2003 Caterpillar D7R Dozer (Equipment #1517) For The Public Works Department (Landfill Division) K. Expense Reports: Mayor Deloris "Bobbie" Prince: Attended National League Of Cities Green Cities Conference, Portland, OR April 17-20, 2009 $ 1,349.75 City Manager Steve Fitzgibbons: Attended A TCEQ Hearing, Austin, TX April 23, 2009 $ 503.70 Resolutions -Consent (1) P. R. No. 15219 - A Resolution Authorizing An Agreement With Garner Environmental Services, Inc. As To Provide Emergency Environmental, Disaster, And Logistical Response Services In The Case Of An Emergency Or Disaster (2) P. R. No. 15220 - A Resolution Authorizing The Renewal Of A Service Agreement Between Motorola, Inc., And The City Of Port Arthur In The Amount Of $1,220.03 Per Month, Or $14,640.36 Annually For The Final Year Of A Three Year Service Agreement (3) P. R. No. 15221 - A Resolution Authorizing The Fire Chief To Spend Up To $9,200 For The Purchase Of A New Bomb Dog And The Training Of Canine Handler (4) P. R. No. 15222 - A Resolution Calling For A New Public Hearing To Consider A Zoning Change "SF" (Single-Family) To "LC" (Light Commercial) For A Portion Of Lot #11, Blocks 1 And 12, An Acre Lot Also Described As 6555 Jade Avenue (AKA Avenue B) In The Port Acres Addition, Port Arthur, Jefferson County, Texas AGENDA MAY 5, 2009 VI. CONSENT AGENDA -CONTINUED (5) P. R. No. 15226 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (6) P. R. No. 15227 - A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And KT Maintenance Company, Inc. For Repairing And Reroofing Fire Station #8, Increasing The Contract Amount By $8,900 To A New Total Of $55,300. Proj. IKEFS8, 121-2300-901.32-00 (7) P. R. No. 15228 - A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee From Excavators And Constructors, Ltd. For Anchor Drive Infrastructure Improvements And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (8) P. R. No. 15229 - A Resolution As It Pertains To The U. S. Department Of Housing And Urban Development Community Development Block Grant Recovery (CDBG-R) Funds In The Amount Of $368,807 Under The American Recovery Reinvestment Act Of 2009 And The Usage Of CDBG- R Funds To The Street Program (9) P. R. No. 15230 - A Resolution Accepting A Water Utility Easement From Tony And Stephanie Nguyen For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (10) P. R. No. 15231 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee For The 27" Sanitary Sewer Rehabilitation By Removal And Replacement Method Project, Approving Change Order No. 1 And Final; And Approving Final Payment Of $25,047.31 To Troy Construction, L.L.C., 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. 426012 (11) P. R. No. 15232 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $124,600.00 For The Stonegate Manor Section One Sanitary Sewer Rehabilitation Project No. 426014, Between The City Of Port Arthur And Horseshoe Construction, Inc., Of LaPorte, Texas, Account No. 426-1625-532.83-00, Project No. 426014 AGENDA MAY 5, 2009 VI. CONSENT AGENDA -CONTINUED (12) P. R. No. 15244 - A Resolution Authorizing The Calling Of A Public Hearing To Consider The Proposed Use Of $13,010,493 From The Texas Community Development Block Grant Program 2008 Supplemental Disaster Recovery Fund (Ike Recovery Funds) VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15218 - A Resolution As It Pertains To Huntsman Petrochemical Corporation (2) P. R. No. 15223 - A Resolution Calling For Alternates To Be Appointed To The Zoning Board Of Adjustments; Council Shall Consider Four Alternate Members To Serve In The Absence Of Any Of The Existing Five Members, To Ensure A Quorum At Future Meetings (3) P. R. No. 15233 - A Resolution As It Pertains To A Purchase Agreement For Property In Sabine Pass For A Community Center And Adjacent Recreational Facilities (4) P.R. No. 15234 - A Resolution As It Pertains To Phase I Of The Developer Participation Contract With Big Wheel Development And The City's 22.555% Participation Of $101,500 In The Vista Village Development (5) P. R. No. 15240 - A Resolution Approving A Third Amendment To Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Redwine Family Partners, Ltd (6) P. R. No. 15241 - A Resolution Approving The Award Of A Bid And Authorizing The Execution Of A Contract By The City Of Port Arthur Section 4A Economic Development Corporation For Road Construction, Water, Sanitary Sewer, Paving, And Drainage Facilities At The Highway 73 Business Park To Doughtie Construction Company, Inc. Of Huntsville, Texas In The Amount Of $480,804.75 (7) P. R. No. 15242 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Use Funds Approved By The City Council From The PAEDC On-The-Job Training Program To Supplement The Wage For Port .Arthur Summer Youth Employment Participants Enrolled By The Texas Workforce Solutions And The Payment Of Wages Not To Exceed $9.00 Per Hour For 10 Port Arthur College Students With A Minimum 2.5 Grade Point Average (AGENDA MAY 5, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (8) P. R. No. 15246 - A Resolution As It Pertains To A Purchase Agreement For Property In Sabine Pass For A Community Center And Adjacent Recreational Facilities (9) P.R. No. 15248 - A Resolution Approving An Agreement With Digital Workforce Academy (10) P.R. No. 15249 - A Resolution Opposing Senate Bill No. 700 (Requested By Councilmember Williamson) B. Ordinances P. O. No. 6005 - An Ordinance Accepting The Deed For A 60 Foot Wide Street Right-Of-Way Out Of And A Part Of Lots 2 And 7, 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, For A Distance Of 1360.19 Feet C. *Reports And Recommendations (1) March, 2009 Financial Report (2) Report On North American Influenza (3) Report On Hurricane Ike Recovery & Stimulus Recovery (4) Report On Guidelines Regarding Sale Of Land On Pleasure Island (5) Report On Windstorm/Insurance Legislation "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 7 AGENDA MAY 5, 2009 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 NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On May 06, 2009. 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 i RULES OF DECORUM:.. pERSpNS ADDRESSING COIF-NCIL & AUDIENCE MEMB 1. ReavgnldoR b PresJdln Off/cer. No ~ ~ ERS Presiding Officer. g person shall address the Coundl without first bean g recognized by the 2• SPea~9 Procedure; Umitatio~ on discussion and questioning. Each up to the microphone provided for the use of the public and give trLs name and a~~neanoauilible toecap voice for the records, state that subject he wishes to. d of orgaaizatlon or other person, and unless further time ~ b whom~he ti representing M he represents an remarks to five (y-j minutes. Ali remarks shall be address to the Cou d~j aSVa wtwle and not Itian any ember thereof. No person ether tfian members of the Councl and the enter into any discussion, whether directly.or through a member o~e Coundltwgfi~ ~dil be. permitted to Presiding Officer. ~ - permLssion of the impCedly, Personal, lines ~~~ ~ Pbrs~or~ Addrcadag The Cosadl; Arty Person making, ~ willfully utters loud, tfireatening or abutderogatory, diso~urteous, snide, or profane-remarks oar whop impede, disrupt, or disturb the orderly coed ~~ge' °r engages' in any disorderly conduct whirls would continues, nsay, at the d' ~ tlse oMer by the Presiding Officer, and if such conduct Coundl duMng that Meetlwcretlon of tine Presiding Officer, 6e ordered barred from further audiasoe before the' 4. Add~esA1~. Mot/our Made or Pab/1c y been dosed. no member of ~~ . Af'l~ar a ttsoHon has been made Or a public hearing-has consideration without first sew ~blic shah addn~s the Coundl .ftom the audience on the matter under 3, 9 P~nsi%ion to do so by majority vote of the City Counci. Campaign S,pe~ p~roh~/led. No persons will be agowed to address the . speeches for or against any candidate who has announced or does announ~ee his Inters~on to~run,~om issue already ordered on a ballot for electlon. 6. Dbavrderlr. Condac~ No Person in the audience shall en ' • stamping of feet, whistling, using profane lan ua a gage in ~dlsorderty conduct such as hand dapping, disturbs the peace and good order of the meetlngg 9 ,Yelling, and similar demonstrations, which conduct 7. Um/tadons on U;e of Sapp/en~enta/ Ughdn~ Llmltations on use of su . motlon picture cameras to create the least amount of interference with n~disturban~ o1nCoundf pproceedings and/or d`rsoomfort to the public. 8. Persons Matv/ng Comp/aln~r, A//egadon~ o~ Charges Agalost Indfvidaa/ ~ . .any complaint, sPedfic allegation, or charge against.an individual ~Y Emp/oyeex No person shall make unless he•:first shows tf~at he has pursued appropriate admintstrative~channelpsy.~ by name in a;public meeting ENFORCEMENT OF DECORUM Warning. All persons shall at the request of the Presiding Officer; be silent, Remove/. If, after receiving a warning from the Presiding Officer, a person Officer may order him to remove himself from the meeting. If he does not re~~ve himself, the Presiding Off9icer may. order the Sergeant-at0anm to remove him. ' . . Res/sdng Remove/, Any person who resists removal by the Sergeant-at-arms shall be charged with violatlng V.T.C.q, Penal Code 42.05. Motions To Enlbrra~ Any Coundimember may move to require the Presiding Officer to enforce this division, and the affirmative vote of a majority of the Coundi shall reggire him to do so. RULES OF PROCEDURE ,. The City Secretary shall make public, in aaordance with the Texas Open Meetlngs Law, an agenda containing all business to be discussed at a meeting of the City Coundl. Ps[~ns Reoaesdno Tog y s.,.r n ~ ~ . any matter may, do so by notlfying tine ~ (1) Residents. Any resident who wishes to address the Council on Nonresidents. /iny nonresident wishing to add~ess eth Council shall notl~ the~CYtythSe¢retary ands edfy his t It rest 1n the matter being considered. The City Secretary shall present such request ~ the Presiding Off;cer.for approval before pladng the Hance on the Agenda.. SeeNAe Aaenda items Attar a motlon, second and discussion by the Clay Coundl on any specific a enda item and 'before a vote is taken, the Presiding Officer shall recognize any dozen in the audience wishlt>g to aitdress~the coundl on such item, who shall be permitted to address the Council thereon for a period of three (3) minutes. "Spedfic Agenda Items' are defined as any item spedfied on the Notice of Meletlng posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council. .