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HomeMy WebLinkAbout08-11-09 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SELLER, MAYOR PRO-TEM COUNCIL MEMBERS JACK CHATMAN, JR. MORRIS ALBRIGH'T, lIl MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDE;RSON AGENDA City Council Regular Meeting August 11, 2009 8:30 a.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS CITY SECRETARY MARK'T. SOKOLOW CITY ATTORNEY In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accammodations 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 77641-1085 409/983-8115 FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur August 11, 2009 8:30AM PLEASE TURN OFF OR MUTEALL CELL PHONES 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 July 14, 2009 Regular Meeting July 21, 2009 Retreat/Special Meeting July 28, 2009 Regular Meeting July 28, 2009 Special/Executive Meeting III. PETITIONS & COMMUNICATIONS A. Speakers Albert Scypion Regarding Drainage Problems In Vista Village B. Presentations -None C. Correspondence -None AGENDA AUGI,IST 11, 2009 IV. PUBLIC HEARINGS - 9:00 AM None V. UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: 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 Withaut 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Motorola, Iric. (Through HGAC) In The Amount Of $31,403.80 For The Purchase Of Ten (10) Mobile Police Radios B. Consideration And Approval Of Payment To Hernandez Office Supply, Nederland, TX In The Amount Of $7,964.90 (Plus A Three Year Maintenance Agreement In An Amount Not To Exceed $12,000) For The Purchase Of A Color Copier For The Health Department C. Consideration And Approval Of Payment To Aria Medical Equipment, San Antonio, TX In The Amount Of $5,770 For The Purchase Of Four Exam Tables For The Health Department D. Consideration And Approval Of Awarding A Bid To East Jordan Iron Works, Inc., Houston, TX In The Amount Of $12,500 For The Purchase Of 100 Manhole Covers With New Informational Designs AGENDA AUGUST 11, 2009 VI. CONSENT AGENDA -CONTINUED E. Expense Reports Mayor Deloris "Bobbie" Prince: Use Of Personal Auto For City Business Months Of June -July, 2009 $ 209.55 City Attorney Mark T. Sokolow: Suing & Defending Governmental Entities Seminar Meeting With Valero, San Antonio, TX Meeting With Houston City Attarney's Office, Houston, TX July 15-20, 2009 $1,399.17 Attended NSP Training, Houston, TX August 5, 2009 $ 139.20 Resolutions -Consent (1) P. R. No. 15371 - A Resolution Authorizing The City Manager To Execute A Settlement And Release Agreement With Motiva Enterprises, LLC, Bechtel-Jacobs CEP Port Arthur Joint Venture And MV Transportation, Incorporated As To 39th Street (2) P. R. No. 15381 - A Resolution "Rescinding" Resolution #09-297 Pertaining To A Leasing Agreement For A DP525 Digital Mailing System With A 30 Lb. Interfaced Scale In the Amount Of $20,225 (3) P. R. No. 15402 - A Resolution Authorizing The Mayor And City Manager To Accept The FY 2009 Emergency Management Performance Grant In The Amount Of $38,018 (4) P. R. No. 15404 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And The Non Profit Service Organization, Helping Our People Excel Of Port Arthur For Public Service Activities, In The Amount Of $3,000 (5) P. R. No. 15405 - A Resolution Ordering A Public Hearing For The Proposed Budget For The City Of Port Arthur And The Port Arthur Economic Development Corporatian For The Fiscal Year 2009- 2010And Authorizing Notice Of Public Hearing AGENDA AUGUST 11, 2009 VI. CONSENT AGENDA -CONTINUED (6) P. R. No. 15406 - A Resolution Approving The Demolition And Clearance Of Forty-Five (45) Commercial Properties That Were Damaged As A Result Of Hurricane Ike. Texas Community Development Block Grant Funds (TXCDBG) Will Be Used -fo Demolish The Structures (7) P. R. No. 15408 - A Resolution Authorizing The City Manager "to Make Application And Receive Funding Through The Recovery Act: 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program In The Amount Of $41,676 (8) P. R. No. 15409 - A Resolution Authorizing The Acceptance Of A FTA (Federal Transit Administration) Grant Funding Assistance For Funding Assistance For Fiscal Years 2008-09 And 2009-10 On Behalf Of Port Arthur Transit System (9) P. R. No. 15410 - A Resolution Authorizing The Acceptance Of A Grant With The Federal Transit Administration For (ARRA) America Recovery And Reinvestment Act Funds For Funding Assistance For Fiscal Years 2008-09 And 2009-10 ~On Behalf Of Port Arthur Transit System (PAT) (10) P. R. No. 15412 - A Resolution Approving Policy As It Pertains 'to Comfort/Service Pets With Transit Passengers (11) P. R. No. 15413 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And CYMA Inc. Of Houston, Texas For Concrete Slip-Form Placement Of Concrete Curb And Gutters And Concrete Curk~s, And Construction Of Sidewalks, Driveways And Wheelchair Ramps On A Unit Cost Basis For Various City Funded And CDBG Grant Funded Street Projects; Proposed Funding: Street Division Account No. 001-1203-531.36/51/86 And CDBG Street Project Accounts (12) P. R. No. 15414 - A Resolution Authorizing The City Manager ~To Execute AOne-Year Contract With Huffman Construction, Inc. Of Port Neches, Texas For Woodgrinding Services At The City Landfill With The Option Of Renewal For Two Additional Years. Funding Is Available In Account No. 403-1274-533.59-00 AGENIDA AUGUST 11, 2009 VI. CONSENT AGENDA -CONTINUED (13) P. R. No. 15415 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And Forde Construction Company, Inc. Of Houston, Texas For Planing And/Or Texturing Of Pavement On A Unit Cost Basis For Various City Funded And Community Development Block Grant (CDBG) Funded Street Projects; Proposed Funding: Street Division FY 2008 Budget Account 001-1203-531.36/51/86 And CDBG Street Project Accounts (14) P. R. No. 15416 - A Resolution Authorizing The City Manager "1"0 Execute An Agreement With Entergy Texas, Inc. To Provide A Customized Energy Audit Of City Facilities (15) P. R. No. 15418 - A Resolution Authorizing The City Manager "to Execute A Memorandum Of Agreement With The Department ~Of State Health Services To Provide Emergency Response EMS Personnel To Support An Evacuation In A Pending Or Actual Disaster, Or As Needed To Respond To Other Events (16) P. R. No. 15419 - A Resolution Authorizing The City Manager "lo Execute A Memorandum Of Understanding With The Texas Forest Service To Provide Emergency Response Incident Management Team Personnel To Support The State In A Pending Or Actual Disaster, Or As Needed To Respond To Other Events (17) P. R. No. 15421 - A Resolution Authorizing The City Manager "to Do All Things Necessary To Execute The Settlement Of Claims In The Amount Of $128,749.99 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Flood Damages To Mobile Equipment At The City Landfill Due "1"0 Hurricane Ike (September 13, 2008) (18) P. R. No. 15422 - A Resolution Authorizing Acceptance Of An Advance Payment Of $150,000 From Texas Municipal League Intergovernmental Risk Pool (TML) The City's Property/Flood Insurance Carrier (19) P. R. No. 15423 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts AGENDA AUGLIST 11, 2009 VI. CONSENT AGENDA -CONTINUED (20) P. R. No. 15431 - A Resolution Accepting A Water Utility Easement From The Port Arthur Independent School District For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (21) P. R. No. 15432 - A Resolution Authorizing The City Of Port Arthur To Submit A Proposal To The Texas Department Of State Health Services Family And Community Health Services Division For A Family Planning Services Grant For Approximately $766,985 (22) P. R. No. 15433 - A Resolution Approving The FY 2009-2010 Contract Between The City Of Port Arthur And The Department 'Of State Health Services, Immunization Branch-Locals (23) P. R. No. 15434 - A Resolution Authorizing The Mayor And City Manager To Accept A Grant Award In The Amount Of $1,155,294 For The COPS Hiring And Recovery Program (CHRP) Under The American Recovery And Reinvestment Act Of 2009 (24) P. R. No. 15435 - A Resolution Authorizing The Mayor And City Manager To Execute The First Year Of A Contract With Redwine Enterprises, Inc. Of Port Arthur, Texas For The Providing Of Soils Materials With The Option Of Renewal For Two Additional Years With Prices Being Adjusted According To The Transportation Consumer Price Index. Funding Is Available In Account No. 403- 1274-533.59-02 (25) P. R. No. 15437 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And APAC-Texas, Inc. ~Of Beaumont, Texas For The Reconstruction Of 39th Street In The Amount Of $635,000. Account 001-1203-531.86-00 (26) P. R. No. 15438 - A Resolution Authorizing A Contract With Jesse Branick As The City Prosecutor AGENIDA AUGUST 11, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15411 - A Resolution Appointing Alternates To The Zoning Board Of Adjustments And Appeals (2) P. R. No. 15417 - A Resolution As It Pertains To Granting An Extension To Port Iron (Requested By Mayor Prince) (3) P. R. No. 15420 - A Resolution Authorizing Reimbursement To Texas Department Of Housing And Community Affairs, (TDHC.A) As It Pertains To 2331 11t" St - $17,322.00 -Activity 1000040022 And 1237 19t" St. - $14,498.50 -Activity 1000040027, In The Total Amount Of $31,820.50; Account No. 117-1404-621.59-00 (4) P.R. No. 15440 - A Resolution As It Pertains To Linebarger, Goggan, Blair & Sampson And 'The Retention Of Foreclosed, Abandoned And/Or Vacant Property As A Part Of The Neighborhood Stabilization Program B. Ordinances (1) P. O. No. 6018 - An Ordinance Adding Chapter 62, Article II Section 62-65 And Amending Sections 62-62 (B) And 62-64 Of Code ~Of Ordinances As It Pertains To Rules For Weapons At The Bob Bowers Civic Center, Providing For A Penalty Of Up To $500 Per Day Per Weapon And Providing For Publication (2) P. O. No. 6022 - An Ordinance Approving The Appraisal Rolls F'or The Year 2009 And Receiving Determinations From The Tax Assessors Under Section 26.04 Of The Texas Property Tax Code (3) P. O. No. 6023 - An Ordinance Amending Ordinance No. 09-54 As To The Sale Of Surplus Assorted Furniture/Minor Equipment, Vehicles, Equipment, Or Heavy Equipment For The City Of Port Arthur At A Public Online Auction AGENDA AUGUST 11, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION NON-CONSENT CONTINUED C. *Reports And Recommendations (1) May, 2009 Financial Statement (2) Report On 2009/2010 City Budget *The City Council Can Act On Any Of The Above Reports Aind Recommendations As To Accept The Report/Recommendation Or To Request Additional Information And Records VIII. REPORTS OF BOARDS & COMMITTEES None IX. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant 'To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 -Litigation And/Or Legal Advice Section 551.072 -Land Section 551.073 -Negotiated Contracts Far Prospective Gifts To The City Section 551.074 -Personnel Section 551.076 -Security Personnel Or Devices Section 551.087 -Deliberations Regarding Economic Development Incentive:> Closed Meeting: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To PACES And CES (2) Section 551.072 Government Code - To Discuss The Value Of Land As It Pertains To The Property Adjacent To The City's Boardwalk AGENDA AUGUST 11, 2009 IX. *CLOSED MEETING (EXECUTIVE SESSION) -CONTINUED (3) Section 551.072 Government Code - To Discuss The Value ~Of Land In Or Adjacent To Downtown Port Arthur (4) Section 551.087 Government Code - To Discuss Incentives As It Pertains To LaGrone Services, Inc. *The Items In Executive Session May Be Discussed And Acted On In Open Session X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Items For Future Agenda Consideration Or Reports From Staff May Be Requested But No Discussion Of Any Item Or Request Shall Take Place XI. ADJOURNMENT OF MEETING 9 RULES OF DECORtlM :PERSONS apORESSING COt3NCIL 8k AUDIENCE MEMBERS ._' ~~ ~~P~ddl~ O1rAaer. No peeson shap'addtess the Coundi without Hest 5dtng t~acognized the Z ~ ~ Pr+oe+edrer~y Ltneltatioa on by up ~o fire mkrtiphone a and questiating. Each perm addceming the taredE shag step provided !-or the vss of the publk and voice for the Siw ~ naena and address is an aud161a Lane of e'OOD~i static wts~ he wbhes td a~gaafation or other person; and artes~s ~ this .ts•,~IatR whom•ha ?s rep9 ~ >tei rtv an reenaika ~ Nve ~ mtnnbn~ ~ t+amarir: prsgtad4 ~ voce ~.~! Caunc>i,, shall 1h~ his thereof. IVo pew artier than ntenrher~ ~~ d to !lees famdl• as d ~rho[a aad'pot is ady member antr fiabo any.. w1t~ Coundi and tHis. ~larvln~ the _ltooe.~(rad lMO peeenitted ~ ~ _ dir~Yoe tirrodgll a aremtiart o! ~tra. C.ouncti, wltirc~ .P of the hepNedty, ~ ~-werxm ~ ~y Pis .•~r~ty oc ae8tt~r ultiars: food, ~ ar ~ ~t~soeg; ~dq, or peofani-e~eles or who ~+p~- dtstrp~t, ar , the ~a- ov' ~agd- ~ mnr etsordeh ooedrret rririeh would ~~ ~ the order by fhe / Olll~Orj cad iE iocfl aollduCt officer, 6e ordeead bartad tkorfr iYartlter ~dterloa tielbe+e than ~` AR~~fi0a01O ~I al' /~ ~ Afi~ a algfian hats. bean rtfade Or i ~~ ~~ ~i P~ shat address ~ Cau11d .1M'0111 tlra aadienOa On, ttiia lreall~iet under ~ -P~sioa bo do so b1/ ~da'K1-~e. attn. atyCoon~. No peesoas wi d• allowrd m addrrss tlta Clix Counr9 by mafdrg gn speed+es for ar aga~st eery candidatia wtm has aanourioad oe does annowaoa his ir6entiloe~ do ahtiadr adae+ed as a 6a8o~t f~ aiaetfoe. ttia. or >issere 6' ~ No person in the audtencs shag ~~ of teetR ~ ~9 profane p ~~e in disoedariy oondeuE such as hand dapping. disteu6s the peace and good order d the meetie~ age. ll~a9. cad sirititar d whkti conduct 7. Lrd6as coo Gbs of Satip/ ~~¢ ~~~ on use of su motlon pietrrre anreras to orate ttie least amount of iatarterence with disdrrbaer~ce of Carnal! pevaeedings and(or ~ ~ .pub fi. Pv~s+ovrs jar' persoe shag Hake any canptatnt; spedtk al AQaI/a~~ o~ G7ra~~ Agtlss! lndlvl~ia! ~ fi~ploraet. No rrntess i<e~:ltist shows ttiat~has~puorrwe~drs a against an ~indivtdual CIty.Enrptayae by name in a.pubpe meeting PProP~ts administrative channels ENFOtt~EMENT OF OECt3RUM tVuirlny. Ap parloas shag at the raq~t of the Pnaiding Otflcac; ba siteaat. RereeovaL It, atier t~ivin9 a warning tam the Ptesi~ 0ltteer may order him to ewerove himself tirom the a+eeting~ had ~t nett, itfie~P~ 9• seep order the Sexgeatnt-at0artns do remove tdm. ding Otflagr may. 1l~tlny RemovsG Any parson who resists removal by ~ ~~nt-at; arses shalt be =haryed with viotadng Y.T.C.A, Penal Code 42.05. I~fod~oRS To Eielbrce. Any Coundtmember may move to require the Prestdtng ~c to aeetorce #his division, and the attinnative vote of a majority at the ~oundt shalt ~eti~ him to da so. RULES OF~PROCEDU.RE ~ tort' shalt eeeake publtq in accordance with the Texas Open Meetings • taw, an agenda eantaining ail discussed at a maetiag at the C1ty Counall. any 'matter •max•~do sob notl C13 Residents. Any, resideert who wishes to addraas the Caunei! an y.. t'Ytn9 the •Clh/ Secretary in aacordaRee Nctth the Texas Open Meeetings 'tsar. (2) itoneesidents. /Eny aonrlsident-wishigg to address the Caundl shelf notlty the C[ty Secretaryy and apedty his 3n~rest in the matter being cansidered. The city Secretary shall present such request to the Ps~esidiag nt!{~r.foi• ap¢roval berate ,placing the 1latne an the Agenda. Sa a ~loendsIt~...~ Attar a motion, second and diseussioeF by the Cl'ty ~auncll on any spedfie agenda Item, aeQd 'befoee a vote. Is taken, the laresiding Ctticer shalt recognize any dt9zen in the audtenen inrishing tp address~the council on such Item, who shall be permitted to address the Coundl thereon for a per9od of tfiree {3j nsinutes. "Specific Agenda Items° are dettaed as any Rent spedtied an the Notice of Meiedng posted for purposes of the Texas Open Meetings Law and which becomes the cubj~ o f a nnottan before the Couadt.