HomeMy WebLinkAboutJUNE 2, 2009 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR
ELIZABETH "LIZ" SEGLER, MAYOR PRO TEM
COUNCIL MEMBERS:
JACK CHATMAN, JR.
MORRIS ALBRIGHT, III
MARTIN FLOOD
JOHN BEARD, JR.
ROBERT E. WILLIAMSON
D. KAY WISE
THOMAS J.HENDERSON
AGENDA
City Council
Regular Meeting
June 2, 2009
5:30 p.m.
STEPHEN FITZGIBBONS
CITY MANAGER
TERRIHANKS
CITY SECRETARY
MARK T. SOKOLOW
CITY ATTORNEY
In compliance with the Americans With Disabilities Act, the
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Secretary's Office, at (409) 983-8115.
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
June 02, 2009
5:30PM
~ PLEASE TURN OFF OR MUTEALL CELL PHONES
~ I. INVOCATION, PLEDGE & ROLL CALL
Mayor Prince
Mayor Pro Tem Segler
Councilmember Chatman
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
PROCLAMATIONS & MINUTES
Proclamations
(1) April 7, 2009 Regular Meeting
(2) April 7, 2009 Special Meeting
III. PETITIONS & COMMUNICATIONS
A. Speakers
None
B. Presentations
Presentation By Cloteal Haynes Regarding Westside Development
C. Correspondence -None
AGENDA
JUNE 02, 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 Items:
(1) P. R. No. 15237 - A Resolution As It Pertains To An Agreement
With DRD PAT Hotel, LTD D/6/A Holiday Inn -Park Central
(2) 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
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Withdrawn For Individual Consideration In Its Normal Sequence After The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 Payment To H-GAC (Through
Houston Freightliner, Sterling & Western Star, Houston, TX) In The
Amount Of $200,878 For The Purchase Of Three 8-CY Dump
Trucks For The Drainage Division
B. Consideration And Approval Of Payment To Dooley Tackaberry
Inc., Deer Park, TX In The Estimated Amount Of $37,920 For
Bunker Pants, Coats, Helmets And Boots For The Fire Department
C. Consideration And Approval Of Awarding A Bid To Roll Offs USA,
Durant, OK In The Amount Of $40,750 For The Purchase Of Five 2-
CY, Fifteen 4-CY And Fifty 8-CY Commercial Containers For The
Solid Waste Division
2
AGENDA
JUNE 02, 2009
VI. CONSENT AGENDA -CONTINUED
D. Consideration And Approval Of Payment To DynaSource, Inc.,
Nederland, TX In The Amount Of $8,790 For The Annual
Maintenance On The LaserFiche Software Applications
E. Consideration And Approval Of Payment To Naztec, Inc., Sugar
Land, TX In The Amount Of $16,800 (Total Cost Will Be
Reimbursed By BASF) For The Purchase And Installation Of
VIVIDS Traffic Signal Sensors For The Traffic Signal At BASF Gate
99 On FM 366
F. Consideration And Approval Of Awarding A Bid To Energy Country
Ford, Port Arthur, TX In The Amount Of $17,598.65 For The
Purchase Of One Ford F-150 Pickup For The Code Enforcement
Department
G. Consideration And Approval Of Payment To Buna Electric, Buna,
TX In The Amount Of $12,100 For Repairs To A Vertical 300-HP
Motor (Damaged By Hurricane Ike) At The Main Outfall Lift Station
H. Consideration And Approval Of Awarding A Bid To Tommie Vaughn
Motors, Houston, TX In The Amount Of $30,379 For The Purchase
Of A 2009 Ford E350 XLT Twelve Passenger Van For The Transit
Department
Consideration And Approval Of Awarding A Bid To Sam Pack's Five
Star Ford, Carrollton, TX In The Amount Of $30,403.50 For The
Purchase Of A 2009 Ford E350 XLT Fifteen Passenger Van For
The Transit Department
Consideration An Approval Of Payment To Bankston Ford,
Grapevine, TX In The Amount Of $22,108.74 For Repair Work On
Two Paratransit Vans (Units #1514 And #1515) For The Transit
Department
K. Consideration And Approval Of Payment To The Southeast Texas
Regional Planning Commission In The Amount Of $29,756.84 For
Fiscal 2009 Dues And Program Support
AGENDA
JUNE 02, 2009
VI. CONSENT AGENDA -CONTINUED
L. Consideration And Approval Of Payment To RoIlCall-Pro In An
Amount Not To Exceed $5,200 For An Automated Meeting
Management System
M. Expense Reports
Mayor Deloris "Bobbie" Prince:
Use Of Personal Auto For Out-Of-Town City Business
January 1-22, 2009 $236.70
Resolutions -Consent
(1) P. R. No. 15119 - A Resolution Authorizing An Emergency Contract
With Econo Lodge Inn & Suites As To Provide Services, Supplies,
Accommodations, Or Conference Rooms In The Case Of An
Emergency Or Disaster With The Term Of The Agreement From
June 2, 2009 To December 31, 2011
(2) P. R. No. 15235 - A Resolution Authorizing The City Manager To
Enter Into An Agreement, Not To Exceed Five Thousand Dollars
($5,000), With Lionhearted Boxing Academy, On Behalf Of The Port
Arthur Weed And Seed Initiative; Account No. 114-1051-517-99-00
(WS0701)
(3) P. R. No. 15245 - A Resolution Approving A Proposal From Science
Engineering, LTD. For Preliminary Phase II Environmental
Investigation On Or Adjacent To Harry Denbo Avenue (Requested
By The City Manager)
(4) P. R. No. 15281 - A Resolution Awarding A Bid And Authorizing The
Execution Of A One (1) Year Contract Between The City Of Port
Arthur And Concrete Raising Corporation Of Houston, Texas For
Raising And Rehabilitation Of Existing Concrete Slabs On A Unit
Cost Basis For Various City Funded And CDBG Grant Funded
Street Projects; Proposed Funding: Street Division Account No.
001-1203-531.36/86 And CDBG Street Project Accounts
4
AGENDA
JUNE 02, 2009
VI. CONSENT AGENDA -CONTINUED
(5) P. R. No. 15282 - A Resolution Authorizing The City Manager To
Enter Into An Agreement, Not To Exceed Five Thousand Dollars
($5,000), With Cherub's Corner Tutoring Center, On Behalf Of The
Port Arthur Weed And Seed Initiative; Account No. 114-1051-517-
59-00 (WS0701)
(6) P. R. No. 15283 - A Resolution Authorizing The City Manager To
Enter Into An Agreement With The Salvation Army, On Behalf Of
The Port Arthur Weed And Seed Initiative; Account No. 114-1051-
517-99-00; 114-1051-517-59-00 (WS0701)
(7) P. R. No. 15284 - A Resolution Authorizing The City Manager To
Amend The Application To The U. S. Department Of Housing And
Urban Development For A Community Development Block Grant
Program From $1,358,218 To $1,378,209 And From $435,802 To
$483,780 In Home Funds. The Amendment To The Consolidated
Plan Will Be Submitted To The U. S. Department Of Housing And
Urban Development
(8) P. R. No. 15285 - A Resolution Authorizing The Mayor Of The City
Of Port Arthur To Sign A Contract With The U. S. Army Corps Of
Engineers For Reimbursement In The Amount Of $164,358.92 For
Culvert Replacement On Pleasure Island
(9) P. R. No. 15286 - A Resolution Authorizing The Mayor To Make
Application And Receive Additional Funding Through The Recovery
Act: 2009 Edward Byrne Memorial Justice Assistance Grant (JAG)
Program In The Amount Of $10,000
(10) P. R. No. 15288 - A Resolution Authorizing The Mayor And City
Manager To Execute An Agreement With SCS Engineers Of
Bedford, Texas For Groundwater Monitoring Well Installation And
Plugging In The Amount Of $33,300. Funds Are Available In
Account Number 403-1274-533.54-00
(11) P. R. No. 15289 - A Resolution Approving The Demolition And
Clearance Of Eighty-One (81) Residential Properties That Were
Damaged As A Result Of Hurricane Rita. The Texas Department Of
Housing And Community Affairs Will Allocate Funding For The
Activities. Account Number Is TDHCA 106-1425-571-59-00; Project
Number Rita 01
AGENDA
JUNE 02, 2009
VI. CONSENT AGENDA -CONTINUED
(12) P. R. No. 15293 - A Resolution Authorizing The City Manager To
Execute Change Order 01 To The Contract Between The City Of
Port Arthur And L. Mobley Concrete Construction For Construction
Of Handicap Ramps Along Procter Street, Increasing The Contract
Amount By $1,000 To A New Total Of $22,450. Account 001-1203-
531.87-00
(13) P. R. No. 15296 - A Resolution Authorizing The City Manager Of
The City Of Port Arthur To Execute ALicense-To-Use Agreement
Between The City Of Port Arthur And Our Lady Of Guadalupe
Catholic Church Pertaining To A Portion Of The Dedicated Right-
Of-Way Of Staff Sgt. Lucian Adams Drive Adjacent To The Church
At 3648 Staff Sgt. Lucian Adams Drive
(14) P. R. No. 15297 - A Resolution Authorizing The City Manager To
Execute All Documents With The Diocese Of Beaumont To Lease
Sacred Heart Hall, 920 Booker T. Washington Ave., For Use As A
2009 Summer Recreation Program Site Account No. 001-1402-
551.54-00
(15) P. R. No. 15298 - A Resolution Approving Tax Exemptions For
Charitable Organizations As Allowed Under Section 11.184
Property Tax Code
6
AGENDA
JUNE 02, 2009
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
(1) P. R. No. 15142 - A Resolution Approving An Economic Incentive
Contract And Loan Agreement Between Orbital Insulation Corp And
City Of Port Arthur Section 4A Economic Development Corporation
(2) P. R. No. 15252 - A Resolution As It Pertains To Logan Park
(3) P. R. No. 15280 - A Resolution As It Pertains To The Waiver Of
Building Permit Fees And Tap Fees As It Pertains To The
Neighborhood Empowerment Zone Adjacent To U. S. Highway 69
(4) P. R. No. 15287 - A Resolution Authorizing A Contact Between The
City Of Port Arthur And Willstaff Worldwide Of Beaumont, Texas
For Temporary Staffing At The Robert A. "Bob" Bowers Civic
Center
(5) P. R. No. 15291 - A Resolution Appointing A Member To The
Grievance Board For The Local Business Enterprise Program
(6) P. R. No. 15292 - A Resolution Authorizing The City Manager To
Execute A Contract Between The City Of Port Arthur And
Arceneaux & Gates Consulting Engineers, Inc. For Professional
Services Not To Exceed $365,000 Related To The TWDB CWSRF
(ARRA) Grant For Sanitary Sewer System Rehabilitation And
CWSRF Projects. Account No. 426-1625-532.54-00, Project No.
426016
(7) P. R. No. 15295 - A Resolution As It Pertains To Members Of The
Pleasure Island Commission
(8) P. R. No. 15299 - A Resolution In Support Of An Annual City Picnic
(Requested By Mayor Prince)
(9) P. R. No. 15301 - A Resolution Authorizing The City Manager Or
His Designee To Go Out For Bids For Landscape Mowing Of Land
Adjacent To Highway 73 (Requested By The City Manager)
AGENDA
JUNE 02, 2009
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT -
CONTINUED
(10) P.R. No. 15302 - A Resolution Authorizing The City Manager To
Sign The Full And Final Release And Indemnity Agreement As It
Pertains To Intercoastal Golf, L.L.C., Pleasure Island Commission
And Bryan Jackson
B. Ordinances
(1) P. O. No. 6010 - An Ordinance Amending Section 10-161 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) P. O. No. 6011 - An Appropriation Ordinance Amending The Budget
For The Fiscal Year Beginning October 1, 2008 And Ending
September 30, 2009
(3) P. O. No. 6012 - An Ordinance Approving A Settlement And Water
Adjustment To Signal International, Account Number 93723-89972
C. *Reports And Recommendations
(1) Report On The LBE Program
(2) Report On "One Block At A Time" Program
(3) Report On Prescription Drug Discount Card
(4) Report On 2009 Preliminary Appraised Values
(5) Report On Alley & Ditch Maintenance
(6) Report On Graffiti And Gang Related Activities
*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
s
AGENDA
JUNE 02, 2009
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 June 3, 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
RULES OF DECORUM :.. PERSprj,S ADDRESSING COI~•NCIL &
1' Reao9n/don byP~~o AUDIENCE MEMBERS
Presiding O~Rcer. 9 ~~. No person shall°address the Coundi without first tiein
Z. SP~~i9 Pr+vc+edurr• g ~tintzed by the
Limitation on dtsgissiort and questlonin .Each .
' voice for ~ krophone provided for the use of the public and give his nanm a ada~~~eaCnoandl shall step
records, state,that subjat he wishes tad edible tone of
orgaaizatlon or other Person, and unless fu !~s4te whom~he Is ropresetrting if he represents an
remarks to flue (5) minutes„ All remarks shall bead ~ granted by majority vote of the Coundl, shag limit his
thereof. No person other Ifian ntentbas of tfie Coundd i~an~d ~ ~e ~ndl as a whole and not tin any member
enter ln~ any ~~ whether di Pd'son' haWn~ the tbor s(~all be.
Presldhtg Officer. !'~Y~' thioagh a member of the Coundlr without ttie: Pm'mitted to
3. _ F ,. Pion ~ the
impliedhl, ~a Coeal~ BY Addtrsa/aP Ir1re C~nalP . ,:. .
d ~r P~~ making, exp
' ~ willfully utters loud. ttir~~ slanderous, erogatory, discourteous, node, or profane _remarles o~Y or
' lmpeda, disrupt, or disturb tit ~ abusive ~~~ge. or engages, in arty dlsord who
• coM3nues, may. at the °~ O°"d~- the ordef by the Pr~esidin Offl~ aondud: why` wouia
Coundl during tint Meetid nag, flora of the PresldtP9 Officer, 6e ordered barred .from turtl~er a~ ~ ~ conduct
4. Adder wirier I ~fodTa~rr Made or P~v~c y udkmee .before the
been dosed. no member of °~ ~d After a motion has been roads ~ a publk hearing has
consideration without first s~ n ~blk shaft address the Coundl .fbm the audience on the ntatta under
~. Campalge Pbb g Plat to do ss by inajorily votae of the Clty Counci.
for or against aan~ ~p ~ ~ pounced a does announce h u~ .
already ader+ed on a ballot for election, ~ matdng campaign
6. Ls intention to run, or issue
CZti~ardarlY. Condacrt No perm in the audience shall engage in ~dLsoMerly conduct such as hand da in
• stamping of feet, whistling, using profane torn ua e _
disturbs the peace and good order of the mcetirtgg g ~ yelling, and similar demonstrati PP 9~
7~ Um/bt/orts on Use o~SaPP/~nr~/Ughde~ Limitations on use of supplemental lightin ~. ~~ induct
motion picture cameras ~ ~~ the least amount of interference with or disturbance of Coundl evasion and
and/or discomfort to the public
8• Pe~vns Hav/ng Comp/alntr,,q// ado Pings
.any complaint;, specific allegati ~ or charg ~gainst,an ndhrid al ~ua/ p~ Emp/ogees. No person shall make
. City.Employee by name in a:public meeting
sinless her:ttrst shows tl~at he has pursued aPProPryate administrative channels:
. - ENFORCEMENT OF DECORUM
Removal ill after ~ shall at the request of the Presiding Officer; be silent, _
. receiving a warning from thn Presiding Officer, a person
Officer may order film to remove himself from the meeting. If he does not rehinmseif, this Presiding Offigcer ma .
order the Sergeant-at0arms to remove him. '
. ~ Y
. Res/stlny Renrova/. Any Person who resists removal by the Sergeant-at-anms shah be charged with Walating V.T.
Penal Code 42.05. ~
Modonrs To Fnlbr~aa. Any Coundlmember may move bo require the Presiding Officer to enforce this division, and the
afflrmattve vote of a majority of the ~undl shall regyire him to do so. .
. RULES OF PROCEDURE
The City Secretary shall make public in accordance with ' ~ .•
business bo be discussed at a meeting of the ~ Texas Open Meetings ~ Law, an agenda containing all
City Coundl.
Persons Reooestlndr Te a Hea-•+
any matter may do so by nod n ~~~~ r (1) Residents. Any resident who wishes to address the Council on
Nonresidents. Any nonresident~visihi g two aaddress eth ~undi half otify the Ct thSecretas O
the matter being considered. P~ Meetings ~ Law. (2)
The City Secretary shat! present such ~ iY and spedfy his interest In
placing the name on the Agenda.. ~ request to the Presiding Officer.fo~ approval before
~tfle aaends iten.e
----~. After a motion, second and dlscusstott by the City Council on an s
'before a vote is taken, the Presiding Officer shall recognize any citizen In the audience wishingdto aildress•the council
on such item, who shag be permitted to address the Coundi thereon for a period of three (3) minutes. "Spedflc A soda
Items' are defined as any item spedfled on the Notice of McPetln o
and -which becomes the subject of a motion before the Coundi. g P sted for Pure°~ °f the Texas Open Meetings Law