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HomeMy WebLinkAbout06.30.09 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO-TEM COUNCIL MEMBERS JACK C'HATMAN, JR. MORRIS ALBRIGHT, [II MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON AGENDA City Council Regular Meeting June 30, 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. 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 30, 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 II. PROCLAMATIONS & MINUTES Proclamations Minutes May 5, 2009 Special Meeting May 5, 2009 Special Meeting/Executive Session May 5, 2009 Regular Meeting June 2,2009 Special Meeting June 2, 2009 Special Meeting/Executive Session June 9, 2009 Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers Gerald Tervalon Regarding Reopening Of Como Taxi Service AGENDA JUNE 30, 2009 III. PETITIONS & COMMUNICATIONS -CONTINUED B. Presentations Presentation By Yoshi Alexander And Judith Smith Regarding The Teen Health Summit To Be held August 3, 2009 III. PETITIONS & COMMUNICATIONS (CONTINUED) C. Correspondence (1) Letter From The Honorable Jim Covington, Mayor, City Of Belton, Texas (2) Letter From First Baptist Church, Belton, Texas (3) Letter From Irma Lee, Port Arthur, Texas IV. PUBLIC HEARINGS - 7:00 PM A Public Hearing Regarding The City Of Port Arthur's Proposed Application For Neighborhood Stabilization Program, Round 2, Funding. The Area Being Main Avenue To The East, Northward To Highway 87 (Gulfway Drive), Then West To Highway 347 (Twin City Highway), Then North To 39th Street, Then West To Martin Luther King, Jr. Drive, And All Areas South To The Intercoastal Waterway 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. 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. 15295 - A Resolution As It Pertains To Members Of The Pleasure Island Commission (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 2 AGENDA JUNE 30, 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 Awarding A Bid To Rob Pelletier Construction, Inc., Houston, TX In The Amount Of $52,750 For The Purchase Of An Interior Movable Wall At The Robert A "Bob" Bowers Civic Center B. Consideration And Approval Of Payment To AFIX Technologies, Inc., Pittsburg, KS In The Amount Of $5,550 For A One Year Support Renewal For An AFIX Tracker System (A Fully Featured Minutia-Based Fingerprint And Palmprint Identification System) For The Police Department C. Consideration And Approval Of Payment To High Tech Diving & Safety, Inc., Punta Gorda, FL In The Amount Of $5,435 For The Purchase Of Dive Equipment For The Fire Department D. Consideration And Approval Of Awarding A Bid To Crown Electric, Inc., Beaumont, TX In The Amount Of $15,700 For The Installation Of A Fusible Disconnect At The City Garage E. Consideration And Approval Of Payment To Metta Technologies, Inc., Toledo, OH In The Amount Of $46,104 For The Purchase Of Ten Panels Of Portable Litter Fencing For The City Landfill F. Consideration And Approval Of Awarding Bids To The Following Vendors For The Purchase Of Street Materials (Road Building Materials): Transit Mix Concrete & Materials, APAC-Texas, AMF Materials & Transport And Vulcan Construction Materials, LP G. Consideration And Approval Of Awarding Bids To The Following Vendors For The Purchase Of Drainage Materials (High-Density Polyethylene Pipes): Coburn's Supply, Seabreeze Culvert And MDN Enterprises AGENDA JUNE 30, 2009 VI. CONSENT AGENDA -CONTINUED H. Consideration And Approval Of Awarding A Bid To Hanson Pipe & Precast For The Purchase Of Drainage Materials (Concrete Pipe And Boxes) Consideration And Approval Of Payment To Little Rock K-9 Academy, Little Rock, AR In The Amount Of $22,950 For The Purchase And Training Of Three Patrol Dogs For The Police Department J. Consideration And Approval Of Payment To Energy Country Ford, Port Arthur, TX In The Amount Of $18,705.30 For The Purchase Of A Pickup Truck For The Drainage Division K. Expense Reports: Councilmember Dawana K. Wise: Attended Golden Triangle Days Austin, TX -March 1-3, 2009 $ 977.34 City Manager Steve Fitzgibbons: Attended Texas Water Development Board & EDC Meetings, Austin, TX -June 11-12, 2009 $ 274.58 Attended Texas Water Development Board Meeting, Austin, TX -June 18, 2009 $ 473.70 City Attorney Mark T. Sokolow: Attended TCAA 2009 Summer Conference South Padre Island, TX -June 10-12, 2009 $1,076.59 4 AGENDA JUNE 30, 2009 VI. CONSENT AGENDA -CONTINUED Resolutions -Consent (1) P. R. No. 15211 - A Resolution Appointing Or Reappointing A Member Or Members To The Port Arthur Municipal Non-Profit Corporation (2) P. R. No. 15212 - A Resolution Appointing Or Reappointing A Member Or Members And Officers To The Port Arthur Industrial Development Corporation (3) P. R. No. 15307 - A Resolution Authorizing The City Manager To Enter Into A Contract For Disclosure Services With FSC Disclosure Services, A Division Of First Southwest Company (4) P. R. No. 15310 - A Resolution Authorizing The Renewal Of A Contract With Derrick Oils & Supply Of Port Arthur, Texas For Petroleum Oils & Lubricants In An Amount Not To Exceed $42,510.29 (5) P. R. No. 15316 - A Resolution Authorizing The Third Year (Second And Final Extension) Of The Existing Contract With Technical Resource Staffing Service For School Guard Crossing Services For The Police Department In The Amount Of $14.50/Hr., Not To Exceed $87,261.00 Annually, To Be Charged To Account No. 001- 1101-521.54-00 (6) P. R. No. 15318 - A Resolution Authorizing The 1St Additional Year Renewal Of The Contract Between The City Of Port Arthur And Rene Bates Auctioneers, Inc. Of McKinney, Texas For The Online Auction Sales Of Surplus Furniture/Minor Equipment, Vehicles, Equipment Or Heavy Equipment (7) P. R. No. 15325 - A Resolution Authorizing The Mayor And City Manager To Apply For The American Recovery And Reinvestment Act (ARRA) 2009 Port Security Grant Program In The Amount Of $2,160,000 For Equipment. Under This Funding, ARRA Provides $150 Million In Stimulus Funding For The Port Security Grant Program AGENDA JUNE 30, 2009 VI. CONSENT AGENDA -CONTINUED (8) P. R. No. 15327 - A Resolution Approving The Homelessness Prevention And Rapid Re-Housing Grant Program (HPRP) Committee's Recommendations (9) P. R. No. 15328 - A Resolution Authorizing The City Manager To Make Application To The Texas Water Development Board, Clean Water Revolving Fund, In The Amount Of $15,080,000, For Sanitary Sewer Rehabilitation Projects And Wastewater Treatment Improvements (10) P. R. No. 15329 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (11) P. R. No. 15331 - A Resolution Awarding A Contract To Triangle Waste Solutions Of Port Arthur, Texas For The Rental Of Portable Chemical Toilets For The Parks And Recreation Department (Account No. 001-1402-551.51-00) (12) P. R. No. 15332 - A Resolution Awarding A Contract To The Lowest Responsible Bidder And Authorizing The Execution Of A Three (3) Year Contract For Janitorial Services To Southeast Texas Building Service Of Nederland, TX For A Total Amount Of $71,100 For The Health Department, Account No. 001-1301-541.32-00 (13) P. R. No. 15333 - A Resolution Authorizing A Purchase Of Electronic Voting Machines From Hart Intercivic Via State Of Texas Contract 578-N 1 (14) P. R. No. 15334 - A Resolution Authorizing The City Manager To Enter Into Agreements, Not To Exceed Thirteen Thousand Four Hundred Dollars ($13,400), With L.A.W. Academy, Inc., Born 2 Lead Network, Inc., Conozca Espanol, And Vanessa Washington, On Behalf Of The Port Arthur Weed And Seed Initiative; Account No. 114-1051-517-59-00 (WS0701) 6 AGENDA JUNE 30, 2009 VI. CONSENT AGENDA -CONTINUED (15) P. R. No. 15335 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And C.M.M. Construction, Inc. Of Beaumont, Texas For Placement Of Hot-Mix Asphaltic Concrete 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 (16) P. R. No. 15337 - A Resolution Approving An Agreement Between The City Of Port Arthur And LexisNexis For Accurint For Government (Per User Subscription) Account No. 001-1021- 514.21-00 (17) P. R. No. 15339 - A Resolution Authorizing The City Manager To Execute An Agreement With Apolonio Flores As A Consultant For The Neighborhood Stabilization Program II (18) P. R. No. 15343 - A Resolution Extending A Contract For The Rental Of Two Automated Side Loader Garbage Trucks From Big Truck Rental, LLP Of Tampa, Florida By An Additional $45,000 For A New Total Amount Of $105,000. Account No. 403-1272-533.51- 00 (19) P. R. No. 15344 - A Resolution Approving Updates To The City Of Port Arthur Water Conservation Plan, Including The Drought Contingency Plan (20) P. R. No. 15345 - A Resolution Authorizing The City Manager To Request Proposals From Qualified Firms To Evaluate The Current Energy Use And Develop An Energy Efficiency And Conservation Strategy For The City Of Port Arthur (21) P.R. No. 15346 - A Resolution Authorizing The City Manager To Enter Into Agreements, Not To Exceed Thirteen Thousand Twenty Five Dollars ($13,025) With Dr. Lawanda Finney, Charles & Associates, And Eddie Collins On Behalf Of The Port Arthur Weed And Seed Initiative; Account No. 114-1051-517-59-00 (WS0701) AGENDA JUNE 30, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15236 - A Resolution As It Pertains To The Condemnation Of Property In Sabine Pass For A Community Center (2) P. R. No. 15336 - A Resolution Approving An Agreement Between The City Of Port Arthur And Union Pacific Railroad Company (3) P. R. No. 15338 - A Resolution Approving An Agreement Between The City Of Port Arthur And Premcor Refining Group For The Installation Of A Waterline (4) P.R. No. 15341 - 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 And The Sales Tax Refund Agreement (5) P. R. No. 15342 - A Resolution Authorizing Additional Services For The Contract Approved June 2, 2009 Between The City Of Port Arthur And Arceneaux & Gates Consulting Engineers, Inc. Of Port Arthur, Texas For Professional Services Related To The TWDB CWSRF (ARRA) Grant Increasing The Budget For This Engineering Service By $852,000 To A Total Of $1,217,000. Account 426-1625- 532.54-00, Project 426016 B. Ordinances (1) P. O. No. 6004 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Zoning Change For A Single Family Lot To Light Commercial Out Of A 6.547 Acre Portion Tract Out Of The Port Acres Addition, A Part Of Lot 11, Blocks 1 And 12, AKA 6555 Jade Avenue Or Avenue B, Port Arthur, Jefferson County, Texas (Violation Of This Ordinance And The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By A Fine Not Exceeding Two Thousand ($2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. AGENDA JUNE 30, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (2) P. O. No. 6015 - An Ordinance Amending Chapter 18 Section 18-33 (a) Permit Schedule Section B106 Exceptions To Permit Fees, Of The Building Code Of Ordinances Of The City Of Port Arthur; Said Changes Repeal All Or Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Hereof C. *Reports And Recommendations Report On Potential City Council Retreat July 2, 2009 *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 NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On July 1, 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 9 RULES OF DECORUM - pERSpNS ADDRESSING COI~NCIL & AUD 1. Rec~gn/~oa br P~~n . IENCE MEMBERS Presiding Officer g '• No person shall'add'ess the Coundl without fltst being t~ecognized by the 2• Speak/itg Procrdtme; Limitation on d up to the microphone lscussion and quesElonMg. Each person addeessing the CoundE shall step voice for the records Provided for the use of the pubitc and give his name and address ht an audible one of state•thai: subject he wishes tadiscuss organisation or otlter Pereon, and unless to r'state whom~he le representing M he represents an trmaties to flue (5j minutes. Ali retnarlrs ~~ X11° ~ granted by nt~otity vote of the Coundl, shag limit his thereof. No person other than sfiail be addre~ed bo the Coundl as a whole and .pot to any member enter Into any disp~on~ whethe~~6ets of the Councl and the Petson~ having the floor shag be. Presiding Offlav ~y ar through a member of the Cound P~titted to 3• Im . 4 witltawt ttie:permission ~ the .; . ~ [redly, Personal, ~an~'pY Pbis~oo Addmssing irhe G~undl; Any pason~ making ~ or imp~e, utter ~' threatening or abtts~lang~a ~• diseourbeous, snidq, or pnofand-remarks oar who ~Pt, or disturb the ocd ~ga9~, in any disoMeriy eatdud whkh would • continues, may, at the discretion of theme ~~' the order by the Presiding Officer, and if such Doodad Coundl during that Meetltg. IMI Officer, be ordered barred from further audia~ce -before the 't' ~~ Allier Mo~fpr Made or Pl vb~c Mew ~,d. Afbec a off, tw member of thq pu61k shin addtnss the Coundl fhom t}te audimtee a public firing has consideration witltout first securing. pion bo do so on ~ matter under S• Campialgn ~ No by najority vote of the City Coandi• . for or against an ~rSO~ wiQ be apowed to address tfte qty Coundi by making campaign slr~ea ord Y candidate who has announced ar does announce his tntiention to run, or issue dY erect on a ballot for election. 6• CZswrdadP Conduct: No Pelson in the audience shall engage in ~dLso stamping of fee>~, whistling, using profane lan ua a rdaly conduct such as hand da in ~disturf>s the peace and good order of the mee8ng9 g .Yelling, and similar demonittations, which ~ndud 7. Umlb!/ons on U;e o~'SupP/e~~/ ugh~o~ ~m~tions on use of supplemental lighting for television an motion picture cameras to create the least amount of interference with or disturbance of Coundi d and/or discomfort to the pubpc proceedings 8. Persons Man/ng Comp/alatry A//yatlonry or Charges Agalast Indlvidua/ CJ Em .any complaint, spedflc allegation, or charge against,an indiWdual ~~ p/°Y~ NO ~reOn shag make snless he•;Arstshows that he has purwed a ro Gty.EmPlo1/ee byname in a,public meeting . PP Plate a~minlshative channels: ~ .. ENFORCEMENT OF DECORUM Warn/ng. Ali persons shall at the request of the Pnmiding Officer; be sifeat. Ranotra~ if, after receiving a warning tram the Presiding Otflonr, a person . orderer theay order film to remove himself from the meeting. If he does not ret~iwve himmself the P~dimeetlng, such Sergeanrt-at0atms to remove him. ' , ng Officer may. . Re~s/sdng Removes/. Arty Pe1'son who resist removal by tine Sergeant-at arms shall be chi ed with . Penal Coda 42.05. rg violating V.T.C.A, Motions To Fnfbi~ Any Coundimember tray move to require the Presidia affirmative vote of a majority of the Coundl shall 9 Officer to enforce this division, and the . . require him to do so. The qty Secretary shall make public, in accordance with business bo be discussed at a meeting of the City CoundL RULES OF PROCEDURE ,, the Texas Open Meetings ~ Law, an agenda containing all Pslsons Reo~~ndr To B M ~.,., .. .. anY matter may, do so by noti (1) Residents. Any resident who wishes to address the Council on Nonresidents. Any nonresident wlsihing to add~essethe Coundi shall notify the qty Secrete undo Meetings 'Law. (2) the matter being considered. The City Secretary shall Present such request ~ the Presiding OPficer.fodr approval before ptadng the nacre on the Agenda.. ~ . ~fle,4aenda Iten~Q After a motion, second and discussion. by }he qty Coundl on an s 'before a vote is taken, the presidirng Officer shall r Y Pedfle agenda item, and on such item, who shall be erm ~nize anY dozen in the audience wishing to atldress•the council Items" are defined as any i em sp~edtieodao~ ~ Notice of McAeting posted fog pudrpa ~ o! ~e Texa~ "Spedfic Agenda and which becomes the subject of a motion beforo the Council, Open Meetings Law