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HomeMy WebLinkAboutJUNE 30, 2009 REGULAR MEETINGREGULAR MEETING - ]une 30, 2009 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Henderson gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, June 30, 2009 at 6:15 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Elizabeth "Liz" Segler; Councilmembers Jack Chatman, Jr., Morris Albright, III, Martin Flood, John Beard, Jr., Robert E. "Bob" Williamson and Thomas J. "Tom" Henderson; City Manager Steve Fitzgibbons, City Secretary Terri Hanks, City Attorney Mark T. Sokolow, and Sergeant At Arms Chief of Police Mark Blanton. Councilmember Dawana K. Wise was absent from the Regular Meeting. II. PROCLAMATIONS & MINUTES Minutes May 5, 2009 Special Meeting Upon the motion of Councilmember Albright, seconded by Councilmember Williamson and carried unanimously, the City Council approved the above-mentioned minutes. May 5, 2009 Special Meeting/Executive Session Upon the motion of Councilmember Albright, seconded by Councilmember Williamson and carried unanimously, the City Council approved the above-mentioned minutes. May 5, 2009 Regular Meeting Upon the motion of Councilmember Albright, seconded by Councilmember Williamson and carried unanimously, the City Council approved the above-mentioned minutes. ]une 2, 2009 Special Meeting Upon the motion of Councilmember Williamson seconded by Councilmember Henderson and carried unanimously, the City Council approved the above-mentioned minutes. ]une 2, 2009 Special Meeting/Executive Session Upon the motion of Councilmember Henderson, seconded by Councilmember Williamson and carried unanimously, the City Council approved the above-mentioned minutes. ]une 9, 2009 Special Meeting Upon the motion of Councilmember Williamson, seconded by Councilmember Henderson and carried unanimously, the City Council approved the above-mentioned minutes. Proclamations Mayor Prince presented the following proclamations: "Mr. ]oe Lewis Day" -June 30, 2009 Mr. Joe Lewis appeared before the City Council to accept the proclamation in his honor. "Port Arthur National Reunion Day" - )une 30, 2009 Mr. Warren Field, 1147 60th Street, appeared before the City Council to accept the proclamation proclaiming June 30, 2009 as Port Arthur National Reunion Day. III. PETITIONS & COMMUNICATIONS A. Speakers Gerald Tervalon Regarding Service -NOT PRESENT Reopening Of Como Taxi B. Presentations Presentation By Yoshi Alexander And 7udith Smith Regarding The Teen Health Summit To Be Held August 3, 2009 Director of Health Yoshi Alexander and Assistant Director of Health Judith Smith appeared before the City Council to announce that the first Annual Teen Health Summit for ages 12 through 18 will be held Monday, August 3, 2009 at the Port Arthur Health Department. C. Correspondence (1) Letter From The Honorable Tim Covington, Mayor, City Of Belton, Texas City Secretary Terri Hanks read the following correspondence into the record: First Baptist Belton 506 N. Main Belton, TX 76513 June 17, 2009 The Honorable Deloris "Bobbie" Prince, Mayor City of Port Arthur P.O. Box 1089 Port Arthur, TX 77641 Dear Mayor Prince: On behalf of the First Baptist Church in Belton, Texas, I want to thank you for all that you did for our youth last week. You honored us in so many ways. The fire truck was above and beyond! Thanks. The kids are still talking about it. Thank you for the plaque, the proclamation, and the luncheon. Port Arthur is blessed to have you as Mayor. My prayers are with you and your community. God bless you. In Christ, /s/ Andy Davis Pastor (2) Letter From First Baptist Church, Belton, Texas C~ Secretary Terri Hanks read the following correspondence into the record: City Council Minutes 2 Regular Meeting -June 30, 2009 ]im Covington, Mayor City of Belton, TX Thank you so much for your kind acceptance of our kids last week. The fire truck and the proclamation both were tremendous hits, not only with the youth but with the Sponsors. I appreciate your taking time to recognize them. It's something they will remember forever. Sincerely /s/Jim Covington Mayor City of Belton, TX (3) Letter From Irma Lee, Port Arthur, Texas City Secretary Terri Hanks read the followin4 correspondence into the record: Mr. Irma Lee 3717 5th Street Port Arthur, TX Ms. Mayor: Thanks! To you and your staff for the quick response to my letter. I was given information by your staff that enabled me to get the answers to my questions. Phone number, a quick visit from a supervisor to check things out and names and numbers for future problems (if any). The info-mercial on channel four states that property owners are responsible for keeping rear easements clear of debris, many don't know this. There is still a lot of work to be done in the city, but I have seen things looking better since you've been in office. Unsightly junk on porches are being removed, less old cars (junk) being moved off lawns. I'm a firm believer that 'ghettos aren't born", but created by some who need prodding to pick up and discard. Your efforts are greatly appreciated. Thanks! /s/ Irma Lee Assistant Director of Planning Ronald Burton appeared before the City Council to report on the "One Block At A Time" program's volunteer participation. Mayor Prince made the following statement for the record: Let me just make it clear about the ones (correspondence) that come through my office. Everything that we get, we stamp it. And if it goes on your desk, we put it on your desk. If it goes to the City Attorney's Office, we stamp it-when it comes into my office, it goes to the Attorney's Office and the same thing with the City Manager's Office. So we are not keeping letters. And I am going to make that clear right now, for the record. So I am not sure what it is you all are talking about, but the ones that come in, we share. If it is addressed to me, then it is addressed to me. But if it says, put on councilmember's desk, you get it. I do not keep it, because I do not need it. That is for the record and on camera. City Council Minutes 3 Regular Meeting -June 30, 2009 V. UNFINISHED BUSINESS (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) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember Albright and carried unanimously, Proposed Resolution No. 15294 was adopted becoming Resolution No. 09-257. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-257 reads as follows: RESOLUTION NO. 09-257 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 N0.401-1504-561.92-00) (2) P. R. No. 15295 - A Resolution As It Pertains To Members Of The Pleasure Island Commission The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Albright, seconded by Councilmember Flood and carried unanimously, Proposed Resolution No. 15295 was removed. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson and Henderson. Voting No: None. Proposed Resolution No. 15295 was removed. (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried unanimously, Proposed Resolution No. 15308 was adopted becoming Resolution No. 09-258. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-258 reads as follows: City Council Minutes 4 Regular Meeting -June 30, 2009 RESOLUTION NO. 09-258 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 VI. CONSENT AGENDA Upon the motion of Councilmember Henderson, seconded by Councilmember Flood, and carried unanimously, the following Consent Agenda items were adopted with the exception of Items J, Proposed Resolution No.'s 15316, 15327, 15332, 15333, 15334, 15335, 15337, 15343 and 15346: 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 H. Consideration And Approval Of Awarding A Bid To Hanson Pipe & Precast For The Purchase Of Drainage Materials (Concrete Pipe And Boxes) I. 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 7. 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 City Council Minutes Regular Meeting -June 30, 2009 Item J was held for individual discussion. K. Expense Reuorts: Councilmember Dawana K. Wise: Attended Golden Triangle Days Austin, TX -March 1-3, 2009 Citv Manager Steve Fitzgibbons: Attended Texas Water Development Board & EDC Meetings, Austin, TX -June 11-12, 2009 $ 977.34 $ 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 Resolutions -Consent (1) P. R. No. 15211- A Resolution Appointing Or Reappointing A Member Or Members To The Port Arthur Municipal Non- profit Corporation Proposed Resolution No. 15211 was adopted becoming Resolution No. 09-259. (2) P. R. No. 15212 - A Resolution Appointing Or Reappointing A Member Or Members And Officers To The Port Arthur Industrial Development Corporation Proposed Resolution No. 15212 was adopted becoming Resolution No. 09-260. (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 Proposed Resolution No. 15307 was adopted becoming Resolution No. 09-261. (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 Proposed Resolution No. 15310 was adopted becoming Resolution No. 09-262. (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 Proposed Resolution No. 15316 was held for individual discussion. (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 City Council Minutes 6 Regular Meeting -June 30, 2009 Proposed Resolution No. 15318 was adopted becoming Resolution No. 09-263. (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 Proposed Resolution No. 15325 was adopted becoming Resolution No. 09-264. (8) P. R. No. 15327 - A Resolution Approving The Homelessness Prevention And Rapid Re-Housing Grant Program (HPRP) Committee's Recommendations Proposed Resolution No. 15327 was held for individual discussion. (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 Proposed Resolution No. 15328 was adopted becoming Resolution No. 09-265. (10) P. R. No. 15329 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts Proposed Resolution No. 15329 was adopted becoming Resolution No. 09-266. (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) Proposed Resolution No. 15331 was adopted becoming Resolution No. 09-267. (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 Proposed Resolution No. 15332 was held for individual discussion. (13) P. R. No. 15333 - A Resolution Authorizing A Purchase Of Electronic Voting Machines From Hart Intercivic Via State Of Texas Contract 578-N1 Proposed Resolution No. 15333 was held for individual discussion. (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) Proposed Resolution No. 15334 was held for individual discussion. City Council Minutes 7 Regular Meeting -June 30, 2009 (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 Proposed Resolution No. 15335 was held for individual discussion. (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 Proposed Resolution No. 15337 was held for individual discussion. (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 Proposed Resolution No. 15339 was adopted becoming Resolution No. 09-268. (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 Proposed Resolution No. 15343 was held for individual discussion. (19) P. R. No. 15344 - A Resolution Approving Updates To The City Of Port Arthur Water Conservation Plan, Including The Drought Contingency Plan Proposed Resolution No. 15344 was adopted becoming Resolution No. 09-269. (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 Proposed Resolution No. 15345 was adopted becoming Resolution No. 09-270. (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) Proposed Resolution No. 15346 was held for individual discussion. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT Item -Consent ]. 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 City Council Minutes 8 Regular Meeting -June 30, 2009 The Mayor introduced the above-mentioned item. The motion was made by Councilmember Albright and seconded by Councilmember Henderson that Item J be adopted. City Manager Fitzgibbons addressed inquiries related to alternative fuel vehicles. Item J was adopted. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson and Henderson. Voting No: None. Resolutions -Consent (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Albright that Proposed Resolution No. 15316 be adopted. Chief of Police Mark Blanton appeared before the City Council to address inquiries related to providing school guards and sharing expenditures with the Port Arthur Independent School District. Proposed Resolution No. 15316 was adopted becoming Resolution No. 09-271 Councilmember Williamson left the Council Chamber at 6:50 p.m. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard and Henderson. Voting No: None. The caption of Resolution No. 09-271 reads as follows: RESOLUTION NO. 09-271 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 (8) P. R. No. 15327 - A Resolution Approving The Homelessness Prevention And Rapid Re-Housing Grant Program (HPRP) Committee's Recommendations The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Chatman that Proposed Resolution No. 15327 be adopted. City Council Minutes 9 Regular Meeting -June 30, 2009 Grants Department Manager Mary Essex appeared before the City Council to address inquiries relating to the housing applications and the recommendation process. Proposed Resolution No. 15327 was adopted becoming Resolution No. 09-272. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard and Henderson. Voting No: None. The caption of Resolution No. 09-272 reads as follows: RESOLUTION NO. 09-272 A RESOLUTION APPROVING THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING GRANT PROGRAM (HPRP) COMMITTEE'S RECOMMENDATIONS (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember Albright and carried unanimously, Proposed Resolution No. 15332 was removed. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard and Henderson. Voting No: None. Proposed Resolution No. 15332 was removed. (13) P. R. No. 15333 - A Resolution Authorizing A Purchase Of Electronic Voting Machines From Hart Intercivic Via State Of Texas Contract 578-N1 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Beard that Proposed Resolution No. 15333 be adopted. City Secretary Hanks addressed inquiries related to the voting equipment purchase. Proposed Resolution No. 15333 was adopted becoming Resolution No. 09-273. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard and Henderson. Voting No: None. The caption of Resolution No. 09-273 reads as follows: RESOLUTION NO. 09-273 A RESOLUTION AUTHORIZING A PURCHASE OF ELECTRONIC VOTING MACHINES FROM HART INTERCIVIC VIA STATE OF TEXAS CONTRACT 578-N1 City Council Minutes 10 Regular Meeting -June 30, 2009 (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) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Beard that Proposed Resolution No. 15334 be adopted. Weed and Seed Coordinator LaTonya Turner appeared before the City Council to address inquiries regarding the proposed agreements. Councilmember Williamson returned to the Council Chamber at 7:02 p.m. Proposed Resolution No. 15334 was adopted becoming Resolution No. 09-274. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-274 reads as follows: RESOLUTION NO. 09-274 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) (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Beard that Proposed Resolution No. 15337 be adopted. City Attorney Sokolow and City Manager Fitzgibbons addressed inquiries related to the locator software. Proposed Resolution No. 15337 was adopted becoming Resolution No. 09-275. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-275 reads as follows: City Council Minutes 11 Regular Meeting -June 30, 2009 RESOLUTION NO. 09-275 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 (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 The Mayor introduced the above-mentioned Proposed Resolution. Councilmember Flood recused himself from the above-mentioned item and filed a conflict of interest affidavit with the City Secretary. Upon the motion of Councilmember Albright, seconded by Councilmember Chatman and carried unanimously, Proposed Resolution No. 15335 was adopted becoming Resolution No. 09-276. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-276 reads as follows: RESOLUTION NO. 09-276 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 PRO]ECTS; PROPOSED FUNDING: STREET DIVISION ACCOUNT 001-1203-531.36/51/86 AND CDBG STREET PRO]ECT ACCOUNTS (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Chatman that Proposed Resolution No. 15343 be adopted. City Manager Fitzgibbons addressed inquiries related to refuse pickup schedules. Councilmember Flood left the Council Chamber at 7:13 p.m. Councilmember Albright left the Council Chamber at 7:14 p.m. City Council Minutes 12 Regular Meeting -June 30, 2009 Proposed Resolution No. 15343 was adopted becoming Resolution No. 09-277. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-277 reads as follows: RESOLUTION NO. 09-277 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 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, ]r. Drive, And All Areas South To The Intercoastal Waterway The Mayor opened the above-mentioned Public Hearing at 7:15 p.m. Assistant City Manager/Operations John Comeaux appeared before the City Council to present an overview of the proposed application for the Neighborhood Stabilization Program. Councilmember Beard left the Council Chamber at 7:19 p.m. Councilmember Flood returned to the Council Chamber at 7:20 p.m. Councilmember Williamson returned to the Council Chamber at 7:21 p.m. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned Public Hearing. No one appeared before the City Council to address the Public Hearing. Upon the motion of Councilmember Williamson, seconded by Councilmember Albright and carried unanimously, the City Council closed the Public Hearing at 7:22 p.m. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT Consent -Resolutions (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) The Mayor introduced the above-mentioned Proposed Resolution. First Assistant City Attorney Valecia 'Val" Tizeno read the following caption amendment into the record: City Council Minutes 13 Regular Meeting -June 30, 2009 A Resolution Authorizing The City Manager To Enter Into Agreements, Not To Exceed Thirteen Thousand Twenty Five Dollars ($13,025) With Dr. Lawanda Finney And Charles & Associates, On Behalf Of The Port Arthur Weed And Seed Initiative; Account No. 114-1051-517-59-00 (WS0701) Upon the motion of Councilmember Williamson, seconded by Councilmember Albright and carried unanimously, Proposed Resolution No. 15346 was be adopted with the caption amendment, becoming Resolution No. 09-278. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-278 reads as follows: RESOLUTION NO. 09-278 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS, NOT TO EXCEED THIRTEEN THOUSAND TWENTY FIVE DOLLARS ($13,025) WITH DR. LAWANDA FINNEY AND CHARLES & ASSOCIATES, ON BEHALF OF THE PORT ARTHUR WEED AND SEED INITIATIVE; ACCOUNT NO. 114-1051-517-59-00 (WS0701) A. Resolutions (1) P. R. No. 15236 - A Resolution As It Pertains To The Condemnation Of Property In Sabine Pass For A Community Center The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Albright, seconded by Councilmember Flood and carried unanimously, Proposed Resolution No. 15236 was adopted becoming Resolution No. 09-279. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-279 reads as follows: RESOLUTION NO. 09-279 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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Flood that Proposed Resolution No. 15336 be adopted. City Attorney Sokolow addressed inquiries related to the proposed agreement. Councilmember Chatman left the Council Chamber at 7:25 p.m. City Council Minutes 14 Regular Meeting -June 30, 2009 Proposed Resolution No. 15336 was adopted becoming Resolution No. 09-280. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Flood, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-280 reads as follows: RESOLUTION NO. 09-280 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried unanimously, Proposed Resolution No. 15338 was tabled. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Flood, Williamson and Henderson. Voting No: None. Proposed Resolution No. 15338 was tabled. (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Flood that Proposed Resolution No. 15341 be adopted. City Attorney Sokolow read the following amendment into the record: As an additional economic incentive, Cheddar's will only be required to pay 50% of the $16,035.17 bill, on the condition that Cheddar's Restaurant will be completed within 18 months. Otherwise, the full bill will be paid. That a duly authorized representative of Cheddar's will sign this Resolution agreeing to the terms hereof. The motion was made by Councilmember Williamson and seconded by Councilmember Flood that Proposed Resolution No. 15341 be adopted with the above-stated amendment. Councilmember Beard returned to the Council Chamber at 7:27 p.m. Proposed Resolution No. 15341 was adopted becoming Resolution No. 09-281. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Albright, Flood, Beard, Williamson and Henderson. Voting No: None. City Council Minutes 15 Regular Meeting -June 30, 2009 The caption of Resolution No. 09-281 reads as follows: RESOLUTION NO. 09-281 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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Albright that Proposed Resolution No. 15342 be adopted. The City Manager addressed inquiries related to the proposed engineering services. Councilmember Chatman returned to the Council Chamber at 7:28 p.m. Proposed Resolution No. 15342 was adopted becoming Resolution No. 09-282. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-282 reads as follows: RESOLUTION NO. 09-282 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 ]ade Avenue Or Avenue B, Port Arthur, ]efferson 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 City Council Minutes 16 Regular Meeting -June 30, 2009 The City Of Port Arthur And Effective Immediately After Publication Date. The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Williamson and seconded by Councilmember Henderson that Proposed Ordinance No. 6004 be tabled. The Director of Planning Colleen Russell appeared before the City Council to address inquires regarding the above-mentioned item. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson and Henderson. Voting No: None. Proposed Ordinance No. 6004 was tabled. (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 The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Chatman and seconded by Councilmember Williamson that Proposed Ordinance No. 6015 be adopted. City Manager Fitzgibbons addressed inquiries related to the proposed ordinance amendment. Proposed Ordinance No. 6015 was adopted becoming Ordinance No. 09-48. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Albright, Flood, Beard, Williamson and Henderson. Voting No: None The caption of Ordinance No. 09-48 reads as follows: ORDINANCE NO. 09-48 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 7uly 2, 2009 City Manager Fitzgibbons addressed the above-mentioned report. VIII. REPORTS OF BOARDS & COMMITTEES -None VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT B. Ordinances City Council Minutes 17 Regular Meeting -June 30, 2009 (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 ]ade Avenue Or Avenue B, Port Arthur, ]efferson 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. The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Williamson and seconded by Councilmember Beard that Proposed Ordinance No. 6004 be reconsidered. The motion was made by Councilmember Williamson and seconded by Councilmember Beard that Proposed Ordinance No. 6004 be adopted. Voting Yes: Mayor Prince; Mayor Pro Tem Segler; Councilmembers Chatman, Flood, Beard, Williamson and Henderson. Voting No: Councilmember Albright. Proposed Ordinance No. 6004 was adopted over the dissenting vote of Councilmember Albright, becoming Ordinance No. 09-49. ORDINANCE NO. 09-49 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, ]EFFERSON 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. IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Mavor Prince: Requested a report on the employee salary/step evaluation. Councilmember Chatman: Councilmember Chatman requested a report on hurricane recovery funding for a new Sabine Pass Fire Station. He reported that there has been an increase in crime and that there are needs for ambulance services in Sabine Pass. City Council Minutes 18 Regular Meeting -June 30, 2009 Councilmember Beard: 1. Requested a resolution in support of Tide Wind Alliance Corporation. 2. Requested a report on new housing construction. The report is to include the type, size and style, and zoning compatibility. Councilmember Williamson: Requested that speed zones be reevaluated before the new school year begins. Mavor Pro Tem Sealer: Reported that there are used tires in need of pickup. X. ADJOURNMENT OF MEETING Upon the motion by Mayor Pro Tem Segler, seconded by Councilmember Chatman, and carried unanimously, the City Council adjourned their meeting at 7:51 p.m. An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR DELORIS ~~BOBBIE" PRINCE ATTEST: CITY SECRETARY TERRI HANKS END OF REGULAR MEETING HELD Tune 30, 2009. APPROVED: City Council Minutes 19 Regular Meeting -June 30, 2009