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Home My WebLink About06-16-09 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO-TEM COUNCIL MEMBERS JACK CHATMAN, JR. MORRIS ALBRIGHT, IlI MARTIN FLOOD JOHN BEARD, JR. ROBERT E. W[LLIAMSON D. KAY WISE THOMAS J. HENDERSON AGENDA City Council Regular Meeting June 16, 2009 8:30 a.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. 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 June 16, 2009 8:30AM 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 II. PROCLAMATIONS & MINUTES Proclamations Minutes April 21, 2009 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers James Fedrick Regarding Area Jobs B. Presentations Presentation By Lois Cornwell & Dr. Albert Thigpen Regarding "Public Sector Employer Of Excellence" C. Correspondence -None AGENDA JUNE 16, 2009 IV. PUBLIC HEARINGS - 9:00 AM To Consider Proposed Zoning Change From Single Family Residential (SF) To Light Commercial (LC) Located On The Corner Of F.M. Highway 365 And West Of Jade Avenue (Area B) [6555 Jade Avenue] - Z09-01 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. 15246 - A Resolution As It Pertains To A Purchase Agreement For Property In Sabine Pass For A Community Center And Adjacent Recreational Facilities (2) P. R. No. 15291 - A Resolution Appointing A Member To The Grievance Board For The Local Business Enterprise Program (3) P. R. No. 15295 - A Resolution As It Pertains To Members Of The Pleasure Island Commission (4) P. O. No. 6007 - An Ordinance Approving New Guidelines For The Sale Of Property On Pleasure Island 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 Texas Municipal League In The Amount Of $5,129 For League Services Including Texas Town & City Magazine (July, 2009 -June, 2010) B. Consideration And Approval Of Payment To A&A Electric Company, Beaumont, TX In The Amount Of $10,308.23 For The Installation Of A 60KW Generator At The Central Fire Station 2 AGENDA JUNE 16, 2009 VI. CONSENT AGENDA -CONTINUED C. Consideration And Approval Of Payment To GT Distributors, Austin, TX (Through BuyBoard For Cooperative Purchasing) In The Amount Of $7,500 For The Purchase Of Body Armor For The Police Department D. Consideration And Approval To Reject The Bids Received For The Purchase Of A One-Ton Pickup-Truck For The Transit Department And Authorization To Re-Bid E. Consideration And Approval Of Payment To Law Enforcement Associates, Inc., Raleigh, NC In The Amount Of $6,378 For The Purchase Of A Graffiti CAM System For The Police Department F. Consideration And Approval Of Payment To TNT Ready-Mix, Nederland, TX In The Amount Of $7,010 For Concrete Mix Purchased For The 2009 Public Works Streets, Drainage And Landfill Projects G. Consideration And Approval Of Payment To CDW-G, Chicago, IL In The Amount Of $48,105.08 For The Purchase Of Twelve Mobile Data Terminals (With Installation And Accessories) For The Fire Department H. Consideration And Approval Of Payment To All-Phase Electric Supply Company, Groves, TX In The Amount Of $17,941.17 For An Uninterruptible Power System To Support The City's Computing And Networking Resources Consideration And Approval Of Payment To Rural Pipe & Supply, Jasper, TX For The Purchase Of Small AMR Meters For The Utility Operations Department J. Consideration And Approval Of Payment To Brazos Technology, College Station, TX In The Amount Of $18,494 For The Purchase Of Four Electronic Handheld Ticket Writers For The Community Services Department And Municipal Court K. Consideration And Approval Of Payment To Benjamin Franklin Plumbing, Groves, TX In The Amount Of $7,000 For Plumbing Repairs At Lakeview Pool AGENDA JUNE 16, 2009 VI. CONSENT AGENDA -CONTINUED L. Consideration And Approval Of Payment To Gillespie's Engine Service, Port Arthur, TX In The Amount Of $9,496 For Repairs To A 1993 Elgin Sweeper (Equipment #963) For The Public Works Department (Drainage Division) M. Consideration And Approval Of Payment To Smart's Truck And Trailer In The Amount Of $6,522.56 For Repairs To Trash Truck #1232 For The Public Works-Solid Waste Division N. Consideration And Approval Of Payment To The Shop Of Port Arthur, Texas, In The Amount Of $10,400.00 For Engine Replacement Unit #1463 For A 2002 Ford F-350 Super Crew Truck, For The Utilities Department -Water Distribution Division Resolutions -Consent (1) P. R. No. 15294 - A Resolution Authorizing A Contract Approval To Create A "Presence" On The City's Website, To Ensure More Accurate Maps And Timely Dispersal Of Planning Related Information To The Public (Grant-5307-PA-TRANSIT, Account No. 401-1504-561.92-00) (2) P. R. No. 15304 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (3) P. R. No. 15305 - A Resolution Authorizing The Renewal Of A Contract With Grasshopper Lawn Service For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area D, To Be Charged To Account No. 001-1401-551.59-00 (4) P. R. No. 15312 - A Resolution Authorizing A Work Activity Agreement With Workforce Solutions Of Southeast Texas (PowerZone) -Summer Employment (5) P. R. No. 15313 - A Resolution Authorizing A Work Activity Agreement With Workforce Solutions Of Southeast Texas (PowerZone) For 2009 Summer Community Projects Program - "One Block At A Time" 4 AGENDA JUNE 16, 2009 VI. CONSENT AGENDA -CONTINUED (6) P. R. No. 15314 - A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit Z09-02 (SUP #208) For A Cellular Communication Tower (Verizon Wireless) On 6401 S. Twin City Highway, A 0.0910 Acre Tract Remnant Of Tract 116-D, That Is 3.667 Acres, Of The T.F. McKinney League Division 4, A-41, City Of Port Arthur, Jefferson County, Texas (7) P. R. No. 15315 - A Resolution Authorizing The City Manager To Enter Into Agreements, Not To Exceed Seven Thousand One Hundred Dollars ($7,100), With L.A.W. Academy, Inc. And Vanessa Washington, On Behalf Of The Port Arthur Weed And Seed Initiative; Account No. 114-1051-517-59-00 (WS0701) (8) P. R. No. 15317 - A Resolution Calling For A Public Hearing Regarding The City Filing For An Application In Regards To The Neighborhood Stabilization Plan-Round Two (2). This Area Will Be Bounded By Highway 347 (Twin City/Jefferson Drive) To The East, Highway 87 (Gulfway) Northbound, Lakeshore Drive To The South And All Areas Not Covered By Round One West That Lies Between DeQueen And Martin Luther King Junior Drive Westbound In Port Arthur, Jefferson County, Texas (9) P. R. No. 15322 - A Resolution Authorizing The City Manager To Negotiate And Execute A Contract With Apolino Flores To Provide Technical Assistance Related To The Preparation Of A Neighborhood Stabilization Grant Application In An Amount Not To Exceed $7,000 (Funding Source 001-1003-512.59-00 M97903) VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. NO. 15122 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And ALLCO Construction Of Beaumont, Texas For The Widening Of W. Rev. Dr. Ransom Howard Street In The Amount Of $917,677.75. Project CIP004, 303-1603-591.86-00 And CDBG-ARRA AGENDA JUNE 16, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (2) P. R. No. 15303 - A Resolution Approving Amendment No. 1 To The Purchase Agreement With Jerry Joseph Norris (3) P. R. No. 15308 - A Resolution Authorizing A Landscape Architecture Design Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Rice University School Of Architecture (4) P. R. No. 15309 - A Resolution Amending Resolution No. 09-154 Expanding The Duties Of Dr. Janis Hutchins As It Pertains To The Local Business Enterprise Program -Account No. 001-1003- 512.59-00, Project No. M09002 (5) P. R. No. 15311 - A Resolution Granting An Extension As It Pertains To 848 Houston Avenue And The Construction Of A Facility (6) P. R. No. 15319 - A Resolution Amending Resolution No. 09-152 And Re-Authorizing An Application With The Texas Department Of Housing And Community Affairs (TDHCA) For The Implementation Of The Newly Authorized Neighborhood Stabilization Reimbursement Program (NSP) As Authorized By The Housing And Economic Recovery Act Of 2008 (7) P. R. No. 15320 - A Resolution Authorizing The Execution Of A Software Maintenance And Support Agreement With LT Systems, Inc. For The Municipal Court (8) P. R. No. 15321 - A Resolution Amending Resolution 07-536 Between The City Of Port Arthur Section 4A Economic Development Corporation And Arceneaux & Gates Consulting Engineers, Inc., For Engineering, Surveying, Technical And Related Services For Design And Construction Of Phase II Services For New Roadways, Utilities And Drainage For The City Of Port Arthur Section 4A Economic Development Corporation Business Park And Authorizing The Separation Of The Bidding For The Expansion Of An Additional 5 Acres Detention Pond 6 AGENDA JUNE 16, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED B. Ordinances (1) P. O. No. 5986 - An Ordinance By The City Of Port Arthur, Texas ("City") Approving The Rate Refund Of Entergy Texas Inc. Contained In The Application Of Entergy For Authority To Implement New RPCEA Rate Filed By Entergy Texas, Inc. On May 26, 2009; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject; And Declaring An Effective Date (2) P. O. No. 6013 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2008 And Ending September 30, 2009 For Capital Projects, Parks And Recreation, Fire Department, Elections, And Municipal Court Expenses C. 'Reports And Recommendations (1) Report On Hurricane Ike Recovery Funding & Federal Stimulus Package (2) Report On Graffiti And Gang Related Activities (3) Report On Status Of Alley Cleaning *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 AGENDA JUNE 16, 2009 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 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Park Square In Sabine Pass And As It Pertains To The Adjacent Lots 7, 8 And 9 (3) Section 551.071 Government Code- To Discuss With The City Attorney Potential Litigation As It Pertains To Williams & Rao (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Homes Being Rehabilitated By City Contractors (Requested By City Manager) (5) Section 551.072 Government Code - To Discuss The Value Of Land On 39t" Street (6) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To 848 Houston Avenue (7) Section 551.072 Government Code - To Discuss The Value Of Land At The City Of Port Arthur Section 4A Economic Development Corporation Business Parks *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA JUNE 16, 2009 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 9 1 RULES OF DECORUM.. pE~pnj.S gDDRESSING COIfNCIL & AUD IENCE MEMBERS 1• Recngn/tlon by Pras/~ng per. No person shall address the Coundl without first being n Presiding 0~~, 2. recog ized b SP~i(0n' g P/te7edrme; Limhatlon on discussion and uestlonht Y the up to the mla'ophone provided for the use of the pubIIc and 9lveahls name anddad~dress ie a~audible to ~P voice for the records , state that subject he wishes to ne of organization or other person, and unless fu !~~~ whom~he is ropresentlng M he represents an remarks to five (5) minutxs. All remarks shall bead ~ granted by majority vote of the Coundl shall omit his thereof. f+lo person other than membe_ rs of the d t° tha Coundt as a wiwte and not tin any member enter Into any discussion, whether di Coundl and. the persotr .having the fkwr sha8 be_ permitted to Presldhtg 0~~. fitly ar through a member of the Coundy without tJ~e:permission of the 3• .. ~ProP~Rd - •:: implied nay bn ~ ~~ rtsaaag The Coaadl; Any Person making, e~~y or ' ~ willful loud, tliceaten rl-: discourteous, snide, or profane -remarks or who impede, distypt; or disturb theme ~ abushre ~n1~9e~ or engages, in arty disorderly conduct why would continues, may, at the discretion of tfie ~~' ~e ordef by the Presiding Officer, and if such Coundl during that M . PresldiP9 Officer, be ordered banged from turtl~er a conduct 't ` a~r~ Allier Mom ~ udknce •before the been dosed. no member ~ ~~ tyatead ~' a rnotlon has been made qr a pubik hearing has consideratlonwithoutfl~~ npublk sha(I addt+ess tfie Coundl .fY~+om tl~a audience on the matter under 3. Cam ~h+d No Peron bo do so City ~e of the City Coundl . ~~ SP~+aI>es Pr~h Persons will be a ~ ~o sPe~hes far or against any caadldate who has announced o does announce hkuinterdion bo run, or issue already ordered on a ballot for election, by making campaign 6. GAavidarly. Condad: No Person in the audience shalt engage In dlsord • stamping of feet, whistling. using P+,Mane lan ua a ~'h/ conduct such as hand da in disturbs the peace and good oMer of the nr~ng9 9 . Yelling, and similar demonstratlo PP 9~ 7. Um/tations on Use o1`Sa ~ / ~. whkh induct motion picture cameras top / ug~n9~ Llmitatlons on use of suppiernental lighting for television and and/ordiscombrt ~ the pub~~ the lead amount of interference with or disturbance of Coundl proceedings 8• Pe~vas Having Comp/aln~r, A//egadons„ or Charges Against Iadlvldua/ CJ Ear /o any complaint, sPedfle allegation, or c6acge against.an individual ~ P ~ NO ~~n shall make City.Emptoyee byname in a;public meeting unless he:l~rst shows that he has pursued appropriate administralive d~annels:~ . ENFORCEMENT OF DECORUM Warning. Ali persons shall at the request of the Presldln • Rerrrova~ If, after receiving a warning from the Presidia Officer; be silent , . Officer may order film m remove himself from the meetin9~ifh~edoes eot r,enw himself, thle Presiding Offigcer ma . order the Sergeant-at0anms to remove him. ' Y Ring R~O~/• ~+y Person who resist's removal by thq Sergeant_at-arms shall be cha ed with - Penal Coda 42.05. r9 violating V.T.C.A, Motions To Enlorna. Any Coundimember may move to ~ • affirmative vote of a majority of the Coundl shall require ~e Presiding Officer to enforce this division, and the . • re:g4lre him to do so. . RULES OP PROCEDURE •- The City ry shall make pubiicy in accordance with the Texas Open Meetings ~ Law, an agenda eontainin all business to be discussed at a meeting of the City Coundl. 9 Peons Reo~esHno To a Mea-~ any matter may. do so by nod z Cl) Residents. Any resident who wishes to address the Council on Aonresidents. Any nonresident wishing t aaddress eth Coundl hail notl~the Ct the Texas Open Meetings 'Law. 2 the matter being considered. The City Secretary shall present sndt ~ ~ Secretary and spedfy his interest in pladng the Hanle on the Agenda.. ~ request to the Presiding Officer.fo~ approval before ~sYRe.loenda rtes Ater a motion, second and discussion. by the City Coundl on an s 'before a vote is taken, the Presiding Officer shall recognize any dozen in the' audlen~ wishing to atld °ness•the m, and on such item, who shall be permitted to address the Coundl thereon for a period of three (3) minutes. "Spedflc Agendal Items" are defined as any item spedfied on the Notice of Mdetln o and which becomes the subject of a motion before the Council, 9 P steel f°r purposes of the Texas Open Meetings Law