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 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 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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