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HomeMy WebLinkAbout10.20.09 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO-TEM COUNCIL MEMBERS JACK CHATMAN, JR. MORRIS ALBRKiHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON Cl~ Of ,%=Ciry ort rt.hu~- Texas AGENDA City Council Regular Meeting October 20, 2009 5:30 p.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. P.O. BOX 1089 PORT ARTHUR, TEXAS 77641-1089 409/983-8115 FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur October 20, 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 Acting City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes September 15, 2009 Special Meeting September 22, 2009 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Matthew Therretis Regarding Building Of Apartment Complex And Increase Of Crime Rate In The Area (2) Lloyd Johnson Regarding Permit For Smitty's Gas Shop Across The Street From Memorial High School (3) Patti Harrington And Kandi Bryant Regarding Housing Policies And Procedures AGENDA OCTOBER 20, 2009 III. PETITIONS & COMMUNICATIONS -CONTINUED B. Presentations None C. Correspondence None IV. PUBLIC HEARINGS - 7:00 PM To Consider Granting A Specific Use Permit For The Operation Of A Radio Tower, Located At 7950 South Gulfway Drive (5.00 Acres Out Of 62.50 Acre-Tract 178, A-167 John McGaffey Survey, Lies 4 Miles In The Southwest Sector From The 4 Way Stop In Sabine Pass), Port Arthur, J Jefferson County, Texas, Z09-06 (SUP #209) Applicant: Texas Point National Wildlife Refuge 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. 15452 - A Resolution Authorizing The Distribution And Collection Of The City Of Port Arthur Application For Certification As A Port Arthur Business Enterprise (PABE) (2) P. R. No. 15554 - A Resolution Approving The Payment Of The Final Retainage To Trevino Group. Account No. Project GO-804, 301-1601-591.82-00 (3) P. R. No. 15558 - A Resolution Approving An Agreement With Digital Workforce Academy (4) P.O. No. 6037 - An Ordinance Providing For Holiday Pay For The Fiscal Year 2009 - 2010 (Requested By Mayor Prince) 2 AGENDA OCTOBER 20, 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 BetterBuilt Fence Company, Beaumont, TX In The Amount Of $16,740 For Fencing At Various Utility Operations Department Sites Damaged During Hurricane Ike B. Consideration And Approval Of Payment To MKY Enterprises, Port Arthur, TX In The Amount Of $8,400 For The Purchase Of Support Services For The Fire Department C. Consideration And Approval Of Payment To Medic-CE, Houston, TX In The Amount Of $5,406 For The Purchase Of Two Years On- Line Medical Continuing Education Classes For The Fire Department D. Consideration And Approval Of Payment To Kay Electronics, Inc., Beaumont, TX In The Amount Of $50,335.82 For The Purchase Of A New Digital Radio Communication System For The Transit Department E. Consideration And Approval Of Payment To Rural Pipe & Supply, Jasper, TX And Aqua-Metric Sales Company, Riverside, CA For The Purchase Of Large Water Meters F. Consideration And Approval Of Awarding A Bid To Center Court, LLC., Baton Rouge, LA In The Amount Of $12,110 For The Resurfacing Of The Tennis Court At Washington Park G. Consideration And Approval Of Payment To Dell (Through The Texas Department Of Information Resources) In The Amount Of $23,281.79 For The Purchase Of Computer Hardware And Software To Support The City's GIS System AGENDA OCTOBER 20, 2009 VI. CONSENT AGENDA -CONTINUED H. Consideration And Approval Of Payment To Houston Area Library Automated Network (HALAN) In The Amount Of $37,790 For FY 2010 Library Computer Services Consideration And Approval Of Payment To The Southeast Texas Regional Planning Commission In The Amount Of $29,756.84 For Fiscal Year 2010 Dues And Program Support J. Expense Reports: Assisted City Secretary Sherri Bellard: Attended TMCCP Graduate Institute Seminar October 7-10, 2009, San Antonio, TX $1,280.61 Resolutions -Consent (1) P. R. No. 15441 - A Resolution Authorizing The City Of Port Arthur To Enter Into An Agreement With The U. S. Department Of Energy For An Energy Efficiency And Conservation Block Grant In The Amount Of $541,300 (2) P. R. No. 15451 - A Resolution Awarding The Contract For Equipment Batteries To Battery Warehouse Of Orange, Texas For An Estimated Amount Of $12,588.00 (3) P. R. No. 15481 - A Resolution Authorizing The City Manager To Execute An Agreement With The South East Texas Regional Planning Commission For The Acceptance Of A Social Services Block Grant (4) P. R. No. 15492 - A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion From Joe Wilson, Jr. Of Arceneaux And Gates Consulting Engineers, Inc. And Contractor's Certificate And Release And Contractor's Certificate Of Guarantee From ALLCO, Inc. For The Completion Of Public Water System Improvements To Serve The PAISD - Memorial High School Stadium And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas AGENDA OCTOBER 20, 2009 VI. CONSENT AGENDA -CONTINUED (5) P. R. No. 15528 - A Resolution Authorizing The City Manager To Execute Amendments One Through Seven (1-7) To Amend The Original Contract #C060003 Between South East Texas Regional Planning Commission And The City Of Port Arthur For The Interlocal Agreement With The South East Texas Regional Planning Commission For The TDHCA Disaster Recovery Program (6) P. R. No. 15542 - A Resolution Authorizing An Interlocal Agreement Between The South East Texas Regional Planning Commission And The City Of Port Arthur For The Texas Department Of Housing And Community Affairs (TDHCA) Hurricane Ike Disaster Recovery Program (7) P. R. No. 15560 - A Resolution Approving A Professional Agreement With Carl R. Griffith & Associates, Inc. (8) P. R. No. 15564 - A Resolution Accepting The Sub-Recipient Award For The 2009 State Homeland Security Grant Program Projected At $163,919.57 For The State Homeland Security Program (SHSP) And $114,292.41 For The Law Enforcement Activities Program (LEAP) For A Total Award Of $278,211.98 (9) P. R. No. 15566 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee For The 9th Avenue Sanitary Sewer Extension Project, Approving Change Order No. 1 And Final; And Approving Final Payment Of $19,140.26 To Troy Construction, L.L.C., And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas. Fund No. 419-1622-532.83-00, Project No. 419803 (10) P. R. No. 15567 - A Resolution Authorizing The Budget Amendment To The South East Texas Regional Planning Commission's Homelessness Prevention And Rapid Re-Housing (HPRP) Grant In The Amount Of $103,393 (11) P. R. No. 15568 - A Resolution Approving Teaching Contracts And The Fall Youth Empowerment Program To Be Facilitated By Judge Glenda Hatchett And Kemba Smith AGENDA OCTOBER 20, 2009 VI. CONSENT AGENDA -CONTINUED (12) P. R. No. 15570 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (13) P. R. No. 15571 - A Resolution Authorizing The Execution Of A Contract For Professional/Technical Services Between The City Of Port Arthur And Carroll & Blackman, Inc. Acting Through Kim L. Carroll, P.E., President, For Certain Professional Engineering Services Related To The Texas Pollutant Discharge Elimination System Phase II Storm Water Discharge Permit In The Amount Of $14,640. Drainage Account No. 001-1204-531.59-01 (14) P. R. No. 15573 - A Resolution Authorizing The City Manager To Execute An Indemnity And Hold Harmless Agreement ("Agreement") With The Texas Department Of Housing And Community Affairs (TDHCA) For The Completion Of Reconstruction Of Homes That Were Identified With Substantial Damage Caused By Hurricane Rita. The Program Will Be Administered By The State Of Texas CDBG Disaster Recovery Program (15) P. R. No. 15574 - A Resolution To Approve The FY 2009-2010 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Card Participation (16) P. R. No. 15575 - A Resolution Approving A Contract Amendment Between The City Of Port Arthur And The Department Of State Health Services For The Community Preparedness Section/Public Health Emergency Response (PHER) As Shown By Amendment No. 001A (17) P. R. No. 15578 - A Resolution Authorizing The City Manager To Pay Quarterly Fees For Landfill Disposal To The Texas Commission On Environmental Quality (TCEQ) For The Fiscal Year 2010 Not To Exceed $250,000. Funding Is Available In Account No. 403-1274-533.59-01 6 AGENDA OCTOBER 20, 2009 VI. CONSENT AGENDA -CONTINUED (18) P. R. No. 15579 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $2,748,577.00 For The Sanitary Sewer Rehabilitation By Pipebursting &Sliplining Methods To Serve Basins PA64CV & PA66, Contract No. 6, Between The City Of Port Arthur And Allco, Inc., Of Beaumont, Texas, Account No. 404-1625-532.83-00, City Project No. 404PB6 (19) P. R. No. 15580 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $2,813,305.63 For The Sanitary Sewer Rehabilitation By Pipebursting &Sliplining Methods To Serve Basins LC73, LC709 & SE435, Contract No. 7, Between The City Of Port Arthur And Simco Enterprises, Ltd., Of Groves, Texas, Account No. 404-1625-532.83- 00, City Project No. 404PB7 (20) P. R. NO. 15581 - A Resolution Rejecting Bids For The Sanitary Sewer Rehabilitation By Pipebursting & Sliplining Methods To Serve Basins EV75, PR78, LV49 & LV56, Contract No. 8, And Authorizing Re-Advertisement For Bids VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15509 - A Resolution Approving A Memorandum Of Understanding With The City Of Port Arthur Section 4A Economic Development Corporation As It Pertains To Social Services Block Grant (2) P. R. No. 15527 - A Resolution Approving Training Agreements Between The City Of Port Arthur Section 4A Economic Development Corporation And Its Subcontractors As It Pertains To Life Skills/Vocational Training Programs (3) P. R. No. 15552 - A Resolution Approving Termination Of The Economic Development Conditional Grant Agreement Between Camellia Plaza, L.P. And The City Of Port Arthur Section 4A Economic Development Corporation AGENDA OCTOBER 20, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (4) P. R. No. 15555 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Oxbow Calcining, LLC (5) P. R. No. 15582 - A Resolution As It Pertains To Setting Public Hearings As To Review Service Plans For The Annexation Of The Properties (Including Valero [Premcor]) That The City Believes Are Not Fully Abiding By Their Industrial District Agreements B. Ordinances (1) P. O. No. 6041 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Specific Use Permit For Texas Point National Wildlife Refuge To Install A 100 Foot Radio Communication Tower. The Facility Will Be On 5.00 Acres, At 7950 S. Gulfway Drive, Out Of Tract 178, John McGaffey Survey, A-167, 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 Industrial And Will Remain So; Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After The Publication Date. Z09-06 - (SUP 209) Texas Point National Wildlife Refuge - 100 Ft. Communication Tower - Radio Relay On About 5.00 Acres (2) P. O. No. 6043 - An Ordinance Designating A Reinvestment Zone For The Downtown Area (3) P. O. No. 6045 - An Ordinance Authorizing The Sale Of Heavy Equipment And Miscellaneous Surplus Items By A Public Online Auction Through Rene Bates Auctioneers, Inc. (4) P. O. No. 6046 - An Ordinance As It Pertains To Compensation And Benefits For The Mayor And Councilmembers AGENDA OCTOBER 20, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED C. *Reports And Recommendations (1) Investment Report For June, 2009 (2) Investment Report For Quarter Ended September 30, 2009 (3) Report On Animal Abuse (Requested By Councilman Flood) *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 October 21, 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 RULES OF DECORtlM :. PERSONS ADpRESS~NG COI~NCIL ak AUDIENCE MEMBERS .L ~ af~larir~ t~A9Peer. No Pecaon sha0'addrass the Councl without firs! thin Z . g raaogni:ed by the ~pS1P' ~ Llmilattoe on and questloning. 'Each poison addressi~p ![-a Ca~adl~ shalt step voice far theme Prided !br the uss at tta public and glut ills Rome and addreti a ae audible Rene of +' ,that antrjeet he wishes t4 orgaatn>3on o~ other parson; sad aMess ~t+ee ttme~ta whom•he Ts npraseatlng V ~ t+apc+nen~ an ree+na'Ia tQ ftvr ~ atlnutes~, ila r~rlo ~ ~~ ~i pf ~ Geip~dl; shop >~N his thaeeat< No paieoe other qua ~ ~ addea~ed m ~: foimeQ~ as a tirhoM sad Aot tin ~ mmn6er enter it~6e ~. o~om6~re of the Cori and. tl1+.~er~ lag tie :' ~ .ae permitted .ye ~ OA'taar wh~e ~ ~°~! a :a! ~ Coueall, wuhaat tf~t•paea+~iou o!'_ ~e ~p~1/. ~ ~ ! liar ~- ~~ ~. y or witlt~r ~: ry~ dlsoosstaso~; ~, ar pe+sfani-t~emerles ar who lnrped4.~yp~~ or ~'~- oe eRgageg, 1R ~ dl<saedar~ aoedade wirieh woad ~tlr aods~ ue ce+de', the a ~ ae ia. h.~tm~ a+~o,,.. tie o~~+awed u~.d~r ~a~c~ ~ beo" ~~ eta a'p~e lftssrimj C~nsi Misr a arotloe im t~esR cede ~ a prdie ~~ ~ Pie :~ addrrs ~ GauRCA .~ file arstiawoa m. tim saamer under s. ~"~- ~ de so br .de. o~the Cskj/CoeneTi. No parsers ~ ~ a~,r,,,i,d ei oddness the :pee~,ee far er aga~t ~- ~e who has aanovod ce does a~na~ " fir a+de~aef o~ a ~Ilet >Ror alac~. ~ Qbnrdfirlj-. Coadbict 11o peesrpr in the audianas siwq °f Mr~ng, ~ proton. a ° tR dtsoedarty oandnet snr1~ as hand capping, di:t~ur6s the peace and good order d the RmeN ~4r ~~ and sL~tar which aanduct 7. Ldmd>5r~ibe;s ~ ~ ~~~ pi was ~ ~ on yse of snpp~bt tightlng tar• television and motion etnre treats the feast amow+t o! preaaedings aed/o~rtto the pu6da ~ wit or~ d~rbaerae of Couadl N. P flG:riGrg• 1~. ~~~~ o~ ~~ ~Ias!' Lrdfvtajw/ CAfjr EArpd~ees. No peeeon shat[ make un~ia:lliy~~ a~~' or ~~° against an•indi~tduai Gtr.Emplayae by Rama in a.pubge meeting filet he has'pursuad appropriatg a~imintstsallve dtannals ENFOt~~EMEN~` OF DECORUM wSrrtn~. Aq pentane shop at the mgwat o! tla 1laarova6 It, attest neca~ng a warning loom the Aeestding Otlker; be silent. ~~ atdarttd him. tine meeting batdoes aotn smelt ~9P^stding OlR9c~er may. ~CodeR ~ ~Y Port who resists ramanral ~ t1+e pet-at=arms shalt bs eharyad witi~t violating Y.T.C., alllrmativao vote eat ~ Coundlmarnber mar move to ragedre the lhastding ~lcar to entorae this division, and the 'n+a~ettr o! the Courtdi shell require him. to do so. RULES OF•PROCEOl1RE ~+® ~9f shalt make pubiiq, in a~ordance with the Texas Open Maetings'Lainr, as agenda aon#aining all liminess to be dfse~med at a meeting at ffie Oily Council. men: ,il~~na T® to N ~ a.. ~„~ - (1) Residents. An _ any matter malt do so by notiPying the ~CI _ r. ~de~rt who wishes to address the Council an Aonresidants. IMr nonresident -wishing ~ adder etheth ~aundi :halt nod~the CI Serrate a~esdma ad hi9s 1c~tecrst2~ the matter bring considered. Tice ~y Secretary shall present sudt ~ tY rY . p ptuing the sonic oR the Jlgenda. request to the l'rasiding ~tllaer.foe apip-rovai lre4ara ~sa3~fe ~aenda rte,..! After a motion, second and dlsesrssion. by fife Ohl Caundl an any spedtle agenda peen, ae~d 'beeloea a vote is taken, the Presidleeg t3l19ear shalt recognize aeey aitlzan le: ~e audtanee wtsitiog to e+ddrras•#ae coetneil on suds Item, who ahail be ieerneittod to address the Coundl thereon !or a ariod at these 3 minutes. !S dtic Agaada Items" are detleeeid as any ~e+n sgcd~ed on the Notice of lHle'+edng posted toe purposes at he Ta~eaes flgan i~Neetings Law and which becomes the sub~eet of a motion bal'ore the Caundl.