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
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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
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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
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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