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HomeMy WebLinkAbout07.28.09 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO-TEM COUNCIL MEMBERS JACK CHATMAN, JR. MORRIS ALBRIGHT, I^ MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON Clly Of ,%%C'N ort rthu~ Texas AGENDA City Council Regular Meeting July 2$, 2009 5:30 p.m. STEPHEN FITZGIBBONS CITY MANAGER TERRIHANKS CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, :requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. P.O. BOX 1089 PORT ARTHUR, TEXAS 77641-108') 409/983-8115 FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur July 28, 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 March 16, 2009 Special Meeting June 30, 2009 Special/Executive Meeting June 30, 2009 Regular Meeting ~ III. PETITIONS & COMMUNICATIONS A. Speakers -None B. Presentations (1) Dr. Janis Hutchins Regarding 1'he LBE Program (2) Floyd Batiste And Brenda 'Vaughn Regarding EDC Summer Internship Program (3) Tide Wind Alliance Corporation AGENDA JULY 28, 2009 III. PETITIONS & COMMUNICATIONS -CONTINUED C. Correspondence -None IV. PUBLIC HEARINGS - 7:00 PM None V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: P. R. No. 15323 - A Resolution Authorizing The City Manager To Enter Into A Letter Agreement For $14,410 With Lamar University For The Taping Of Governmental Meetings P. R. No. 15338 - A Resolution Approving An Agreement Between The City Of Port Arthur And Premcor Refining Group For The Installation Of A Water Line 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 GoWeb Systems In The Amount Of $5,344.10 For Annual Fee For Web Site And E-Mail Hosting Services For The Period Of July 1, 2009 Through July 1, 2010 B. Consideration And Approval Of Payment To B&P Process Equipment And Systems, Houston, TX In The Amount Of $16,820 For A NIRO Centrifuge Re-Build For The Wastewater Treatment Division 2 AGENDA JULY 28, 2009 VI. CONSENT AGENDA -CONTINUED C. Consideration And Approval Of Awarding A Bid To Dooley Tackaberry, Deer Park, TX Ins The Amount Of $12,934 For The Purchase Of Fire Hoses For The Fire Department D. Consideration And Approval Of Payment To Gillespie's Engine Service, Inc., Port Arthur, TX In The Amount Of $9,220.07 For Repairs To A 1996 Dump Truck (Equipment #1227) For The Public Works Drainage Division E. Consideration And Approval Of Payment To Smart's Truck And Trailer, Beaumont, TX In The Amount Of $5,395.35 For Repairs To A 2007 Autocar Xpeditor Commercial Container Truck (Equipment #1626) For The Public Works Solid Waste Division F. Consideration And Approval cJf Payment To Kinloch Equipment And Supply, Inc., Houston, TIC; In The Amount Of $34,055.46 For Repairs To A 1993 International Vactor Truck (Equipment #929) For The Public Works Drainage Division G. Consideration And Approval Of Payment To Smart's Truck And Trailer, Beaumont, TX In The Amount Of $5,162.70 For Repairs To A 2004 GMC Garbage Truck (Equipment #1526) For The Public Works Solid Waste Division H. Consideration And Approval Of Payment To Soil Stabilization Products Company, Inc., Merced, CA In The Amount Of $5,750.37 For The Purchase Of EMC Squared For The 2009 City Streets Program Consideration And Approval Of Payment To Kay Electronics, Port Arthur, TX (Through HGAC) In The Amount Of $31,403.80 For The Purchase Of Ten (10) Mobile Police Radios J. Consideration And Approval Of Payment To Martin Apparatus, Houston, TX In The Estimated Amount Of $11,961.41 For Repairs To A 2006 Pierce Aerial Apparatus Ladder 1 (Equipment #1590) For The Fire Department 3 AGENDA JULY 28, 2009 VI. CONSENT AGENDA -CONTINUED K. Consideration And Approval Of Awarding A Bid To Eldridge Construction, Inc., Port Arthur, TX In The Amount Of $7,000 For The Retrieval And Reinstallation Of The Boardwalk Fishing Pier Walkway L. Consideration And Approval Of Payment To Generators Of Houston, Houston, TX In The Amount Of $24,637.50 For The Servicing And Inspection Of Twenty-Eight (28) Surplus Generators For Sewer Lift Stations M. Consideration And Approval Of' Payment To MDN Enterprises, New Caney, TX In The Amount Of $8,162 For The Purchase Of 6" SDR- 26 Class 160 PVC Pipe For The Utility Operations Department N. Consideration And Approval Of Awarding A Bid For Water Meters And Meter Reading Equipment To Rural Pipe & Supply, Jasper, TX And Aqua-Metric Sales Company, Riverside, CA For The Utility Operations Department Resolutions -Consent (1) P. R. No. 15290 - A Resolution Authorizing The City Manager To Enter Into A Three (3) Year Rental Service Agreement Through BuyBoard With G&K Services Of Houston, Texas For Uniforms, Place Mats, And Various Maintenance Services For An Estimated Amount Of $31,024.68 (2) P. R. No. 15330 - A Resolution Authorizing The Execution Of A Payment Agreement Between The City Of Port Arthur And Mohammad Swati For The Payment Of A Water And Sewer Account 4 AGENDA JULY 28, 2009 VI. CONSENT AGENDA -CONTINUED (3) P. R. No. 15352 - A Resolution Authorizing The Execution Of Contracts Between The City Of Port Arthur And The Non Profit Service Organizations For Public Service Activities, In The Amount Of $93,000, This Being $5,000 For Gift Of Life, $11,000 For Nutrition & Service For Seniors, $5,000 For Law Academy, $6,000 For Port Arthur Flyers Track Club, $15,000 For SET Regional Planning Commission, $2,500 For Camp Fire, $2,000 For YMCA, $12,500 For Catholic Charities, $10,000 For Program Of Health Excellence, $2,000 For Ellis Hospitality Center, $5,000 For James Hope Center, $2,000 For Samaritan Counseling Center, $1,500 For IEA-Inspire, Encourage, Achieve, $10,000 For Lamar And $3,500 For Community Retirement Home, Inc. Of Port Arthur For The Benefit Of The Low And Moderate Income Residents Of The City (4) P. R. No. 15375 - A Resolution Authorizing The Execution Of An Encroachment Agreement Between The City Of Port Arthur And Michael And Alicia Johnson Pertaining To A Public Utility Easement Whereupon A Structure Will Be Erected On Lot 15, Minaldi Place Unit 5, Located At 8001 Eyre Street In The City Of Port Arthur (5) P. R. No. 15376 - A Resolution Awarding And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And Southeast Texas Lawn & Maintenance For The Landscape Mowing Of Highway 73; Proposed Funding: Parks Division, FY 2009 Budget Account No. 001-1207-531.31-00 (6) P. R. No. 15377 - A Resolution Authorizing The City Manager To Execute An Interlocal Contract With The City Of Beaumont, Jefferson County, Jasper County, And Orange County To Secure Grant Funding From The State Of Texas Automobile Theft Prevention Authority For Operation Of The Southeast Texas Auto Theft Task Force (7) P. R. No. 15379 - A Resolution Authorizing The City Manager To Execute Necessary Documents To Amend Professional Services Contracts With Charles & Associates To Reflect Changes In Scope Of Services, On Behalf Of The Port Arthur Weed And Seed Initiative AGENDA JULY 28, 2009 VI. CONSENT AGENDA -CONTINUED (8) P. R. No. 15380 - A Resolution Authorizing The Mayor And City Manager To Execute The First Year Of A Three Year Contract With Triangle Waste Solutions, LP Of Port Arthur Texas For Alternate Daily Cover Application At A Cost Of $1,900 Per Day. Funds Are Available In Account Number 403-1274-533.59-02 (9) P. R. No. 15382 - A Resolution Awarding A Contract To The Lowest Responsible Bidder And Authorizing The Execution Of A Three (3) Year Contract For Janitorial Services To Sandra's Enterprises D/B/A Professional Maid Service Of Nederland, TX For A Total Amount Of $67,200 For The Health Department, Account No. 001- 1301-541.32-00 (10) P. R. No. 15383 - A Resolution Authorizing The City Manager To Negotiate A Contract With Brown Reynolds Watford Architects Inc. For Design Of The New Fire Station Number 4 Located At 5030 South Gulfway In Sabine Pass (11) P. R. No. 15384 - A Resolution Approving Amendment No. 1 To The Contract Between The South East Texas Regional Planning Commission (SETRPC) And The City Of Port Arthur For Additional Social Services Block Grant Funds In The Amount Of $148,000 (12) P. R. No. 15385 - A Resolution To Approve Amendment Number 1 To The Nurse-Family Partnership Implementation Agreement, Between The City Of Port Arthur And Nurse-Family Partnership, A Colorado Non-Profit Corporation, In An Amount Not To Exceed $18,100 For FY 2010 (13) P. R. No. 15386 - A Resolution Approving The FY 2009-2010 Contract Between The City Of Port Arthur And The Department Of State Health Services For The CPS-Bioterrorism Preparedness Program In The Amount Of $63,697.86 AGENDA JULY 28, 2009 VI. CONSENT AGENDA -CONTINUED (14) P. R. No. 15387 - A Resolution Construction, LLC In The Amount The Execution Of A Contract Fc Dangerous Residential Properties Account No. 106-1425-571.59-00, Funds) Awarding A Contract To K-T Of $10,600.00, And Authorizing -r The Demolition Of Five (5) (Group A-t), To Be Charged To Project No. RITA01 (TDHCA (15) (16) P. R. No. 15388 - A Resolution Construction, LLC In The Amount The Execution Of A Contract Fc Dangerous Residential Properties Account No. 106-1425-571.59-00, Funds) P. R. No. 15389 - A Resolution Construction, LLC In The Amount The Execution Of A Contract Fc Dangerous Residential Properties Account No. 106-1425-571.59-00, Funds) Awarding A Contract To K-T Of $9,880.00, And Authorizing The Demolition Of Four (4) Group B-t), To Be Charged To Project No. RITA01 (TDHCA Awarding A Contract To K-T Of $12,450,00, And Authorizing ~r The Demolition Of Five (5) (Group C-t), To Be Charged To Project No. RITA01 (TDHCA (17) P. R. No. 15390 - A Resolution Awarding A Contract To Demolition Experts In The Amount Of $11,950.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A), To Be Charged To Account No. 106-1425-571.59-00, Project No. RITA01 (TDHCA Funds) (18) P. R. No. 15391 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $15,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group B), To Be Charged To Account No. 106-1425- 571.59-00, Project No. RITA01 (TDHCA Funds) AGENDA JULY 28, 2009 VI. CONSENT AGENDA -CONTINUED (19) P. R. No. 15392 - A Resolutions Awarding A Contract To Demolition Experts In The Amount Of $15,739.00, And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group C), To Be Charged To Account No. 106-1425-571.59-00, Project No. RITA01 (TDHCA Funds) (20) P. R. No. 15393 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $15,700.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group D), To Be Charged To Account No. 106-1425- 571.59-00, Project No. RITA01 (TDHCA Funds) (21) P. R. No. 15394 - A Resolution Accepting A Water Utilities Easement From The Housing Authority Of The City Of Port Arthur For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (22) P. R. No. 15399 - A Resolution Authorizing The Execution Of A Payment Agreement Between The City Of Port Arthur And Crystal Seafood Company Account Number 86307-58172 (23) P. R. No. 15401 - A Resolution Adopting The City Of Port Arthur, Texas Red Flag Identity Theft Prevention Program Authorizing The City Manager To Develop, Implement, Administer And Amend The Program; And Providing An Effective Date (24) P. R. No. 15403 - A Resolution Pertaining To The Department Of The Army License And The Sabine-Neches Waterway Project, Sabine-Neches Canal VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15243 - A Resolution Authorizing The Issuance Of A Purchase Order To National Bus Sales For The Procurement Of Six (6) Paratransit Vans For A Total Amount Of $630,258.00 s AGENDA JULY 28, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (2) P. R. No. 15364 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Transfer Funds ($100,000) Set Aside For The Port Arthur Emergency Relief Loan Program To Assist Small Credit Challenged Businesses Affected By Natural Disaster To The Ciity Revolving Loan Fund (The Grow Port Arthur Fund) (3) P. R. No. 15378 - A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation's Policies And Procedures For Site And Related Improvements To Downtown Port Arthur (4) P. R. No. 15395 - A Resolution As It Pertains To The Condemnation Of Property In Sabine Pass For A Community Center And Adjacent Recreational Facilities (5) P. R. No. 15396 - A Resolutions Approving An Agreed Judgment As It Pertains To The State Of Texas Vs. City Of Port Arthur, Texas (6) P. R. No. 15397 - A Resolution Approving Funding By The City Of Port Arthur Section 4A Economic Development Corporation Of $3,000, To The Southeast: Texas Economic Development Foundation (SETEDF) For 'The Assistance Of The Regional Economic Development Initiative (REDI) To Coordinate The Regional Economic Development Efforts For The Region Of Hardin, Jefferson And Orange Counties (7) P. R. No. 15398 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Offer Port Arthur Economic Development Scholarship/Internship Programs To Port Arthur Seniors Going To A Two Or Four Year College Or University To Pursue A Degree In Economic Development Or Any Of The Following Related Degrees: Economics, Real Estate, Urban Planning & Design, Community Environment & Planning And Landscape Architecture (8) P. R. No. 15400 - A Resolution Approving Closing The Economic Incentive Contract And Loan Agreement Between Bowhead Manufacturing Company And The City Of Port Arthur Section 4A Economic Development Corporation AGENDA JULY 28, 2009 VII. ITEMS REQUIRING CONTINUED B. Ordinances INDIVIDUAL ACTION - NON-CONSENT - (1) P. O. No. 6016 - An Ordinance Amending Chapter 110 (Utilities), Article II (Water), Division III (Service Charges And Billing), Of The Code Of Ordinances By Adding A New Section 110-99 Providing For The Imposition Of A Lien On An Owner's Property, Other Than Homestead Or Rental Property, And Providing A Notice Requirement For Delinquent Bills For Water Utility Service (2) P. O. No. 6017 - An Ordinance Adding Chapter 93 "Storm Water Quality" To The Code Of Ordinances: Providing Storm Water Quality Regulations And Provisions Related Thereto; Providing Prohibitions Against Illicit Discharges And Connections, Construction Of Storm Water Management, Notification Of Spills, Citizen Reports Of Violations, Enforcement, And For Hearings And Appeals; Providing For Civil And Criminal Penalties, Cumulative Remedies, Public Nuisances, And Fees; And, Further, Providing For Severability, Publication And An Effective Date (3) P. O. No. 6019 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Specific Use Permit For Verizon Wireless To Install A 160 Foot Cell Tower Antenna On 0.0970 Acres Out Of A 3.667 Acre Tract-116D, From The T. F. McKinney League, A-41, AKA 6401 South Twin City Highway Port Arthur, Jefferson County, Texas; Violation Of This Ordinance (Or The Zoning Ordinance Of The City Of Port Arthur) Is Punishable As Provided In Section 1-13 Of The City Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars; The Zoning Is Multi-Family And Will Remain So; Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After The Publication Date. Z09-02 - (SUP 208) VERIZON WIRELESS (4) P. O. No. 6020 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2008 And Ending September 30, 2009 (5) P. O. No. 6021 - An Ordinance Authorizing The Sale Of Surplus Furniture/Minor Equipment, Vehicles, Equipment, Or Heavy Equipment By A Public Online Auction Through Rene Bates Auctioneers, Inc. io AGENDA JULY 28, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED C. *Reports And Recommendations (1) Report On Hurricane Ike/ARRA Application & Recovery Efforts (2) Report On 2009/2010 City Budget *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 29, 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 i~ MULES OE DECORt~M :. pE~p~j,S ADpRESS~NG COI~NCIL 8k AUDIENCE MEMBERS ~~ . p~d~ n9 . No person shall'addrrss the Councl without Hest ta.ing t~eeogrtizal by the ~' ~p tpfi~ llmilation on dLsaesaioo and quertion person addrassi the Cone provided ibr lice ums at tfia puiri[c and ~ taeh ~ dF shag step volts for the iboords, slat ~ sabje~t ~ rds~ ~ 9iw lyb acme and adde+aas la as aud161e torte of or9aatation or other prey and Mess wee thsea~ whom•he b nps ~ ~ ~ an reeeaitcs tQ }~ graeitad try rots ~ tleq {$ adnntea, ~ rnaewin shy ~ Ca[~ shag ~~ his theraot. No person otleer thaa ~ ~ d ~ tla: fouadl~ as a! srhote aad'not bn ~ tnaeee6er antes' iota eery. whetter and tlts. peesar •larvtreB the :ttooe; .s(eaU bs peeerelited .to OAtOr. ~ a ~beC a' the Cain. wiEteoat #~ot,p o f 1fie ~ ~y . mars ~ eeet, a°'q, ~ ~ ~~ . / or ~ ~ ~ ~ P~wa-tanacia or who r. er ~'"~` ~ ~~- ~ am 1r aoe,~dset wleieh would ~/: at o f ~ . ' tfie oedei~, 6y flee leesid8g pQlor, cad if such aonde~et Caa~ dear6g ~ Otlicey i. ordeeed batted t~roaa fiae~ wr~enaa fora Chet Mean did. ao aft p ~ ~ .~ ~ has.6eaa cads ~ a ped~e i~earbg•hae fiwe ~. asMaaaa ee. the near ceder ~ ~,,,,~ -p~+~oa is do so 6i- r rata of the city CoaneB, p~ t~ b. allowed m adde,ass the Caaadl already ada+ d o~a ~ w!~ hay aanoeaiced ae does annowe~ Ws inked S ~~t~i~u,~~e 6' ~~ ~ peesein in lice aerdteews shall ~ ~` ~ ~! Pine languagg- ri~n and aoudad sexfi as hand dapping. tie and good oe+dar of the cleating. which eondued: 7. LJFrco$rsfo~s orr t~s ~~PP~a6f motion tetrte+e ~~'°~ ~ on rise of sul lighting toe;'telarision and p Cameras ~ acafe the least amount aE interference with or dis(arrbaeeee of Coundl proceedings and(ordisoomfort m ~ paw ~ ny eoeeepHlai~n~ ?~L AA~e~at(a~ v~ Glia a ~ spedflc al ~ d9+~! Lrd~vlyd~/ ~ Epp. No person shall make toeless 6e:Aist shows that h~i t~ ' or deaacge against an •IndiWduai Aly.Eneptayae by name in a. pu6iie meeting . , puesuad appevp~te adaeintstFative dtannals: ENFORCEMENT OF pECORUlH Wmring. Aq parsons shag at the ragesat of ~ p RsnrovsG It, alter recelvteg a warnin Bedding Otftew; ba stlarti OlRcer may order film to e+eenove fiinegsel homes ~ ~~ OtReee, a person persist 1n disdubing the aee~eg. such order the Sergaaeet-at0arnes to ire him. 9. It ha does cot reerove himsdt, the PASiding OlReer may. Panel ~ e ~~ ~q/ Pd'son who resist ~ttova! by the Sergeant-at-gran shall be Charged with violating Y.T.Gy ~o v Any Coundimemher may move bo require the Peesldtng fllAcer to entvraa #his division, and the t1/ of the Cound! shalt ~etiee hieeR to do so. RULES OF PROCE®U.R.E The ~Y fin/ shat! enaloee public, in aceoRdance with the Texas Open Meetings ~ law, an agenda containing ail beestnass'bo be diseeessed at a meeting of the City Cound{. It! Reedes~Hnd~ Ta a` !~ nel a.. ~.~ any matter may do so by notifying the ~~ ~l~ Residenl^s. Any, resideeit who wishes to addran the Council on Aoneesidertt. My nonresident ~wishirtg to address eth Caundl shat! notify the Qty S'eeretry a d s edfy fi~ 1 ~tee~st2n the matter iseieg cartsiderad. The City Secretry shall present saeh request to the Presiding r.toc ap¢roval before ,placing the name on the Agenda. • Aaenda it~~.~ Alter a motion, second and discsessioct by the City Coundl an any spadfie agenda Item, aced 'mom a ~~ i= ~i<en, the Presiding 0f19cer shalt recognize any dtizert in the audtanee vAshiRg to address•the council on such item, who shall ise pere>litted to address the Council th6cevn for a period of throe (3j minutes. "Specific Agenda Items" are defined as any item spedfied on the i-totice of Mdetlrtg posted for purposes of the Texas Open Meetings Law and ~vieieh becomes the sub~eet of a motion before the Courtdt.