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HomeMy WebLinkAbout4-20-10 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR EL[ZABETIi "LI7." SELLER, MAYOR PRO TEM COUNCIL MEMBERS: JACK. CHATMAN, JR. MORRIS ALBRILHT, 1[I MAR"IIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERS~ON AGENDA City Council Regular Meeting Apri120, 2010 8:30 a.m. STEPHEN FITZGIBBONIS CITY MANAGER TERRI HANIS:S CITY SECRETARY VALECIA R. TIZENO 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. City Council Meeting City Hall Council Chamber City Of Port Arthur April 20, 2010 8:30AM PLEASE TURN OFF OR MUTEALL CELL PHONES INVOCATION, PLEDGE & ROLL CALL Mayon 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 Tizeno _ Sergeant At Arms: Police Chief Blanton Or Designee. PROCLAMATIONS & MINUTES Proclamations Minutes April !3, 2010 Special Meeting April !3, 2010 Special Executive Meeting April !3, 2010 Regular Meeting III. PETITIONS ~ COMMUNICATIONS A. Speakers (1) Terry Metreyon Regarding Texas Heavy Lift Super Dry Dock (2) Tisha Armstead Regarding H.O.P.E. Five Year Anniversary B. Presentations -None C. Correspondence -None AGENDA APRIL 20, 2010 IV. PUBLIC HEARINGS - 9:00 AM To Consider A Budget Amendment For The Port Arthur Transit System V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: Consideration And Approval Of Payment To EI Mensajero News In The Amount Of $6,000 For A Subscription Advertisement Agreement 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Aquila Golf, Inc. In The Estimated Amount Of $13,500 For The Reconstruction Of A Driving Range Tee Box At The Babe Zaharias Golf Course B. Consideration And Approval Of Payment To Digital Safety Technologies, Morrisville, NC In The Amount Of $6,875 For A Second Year Warranty Contract For The Police Department C. Consideration And Approval Of Payment To GameTime, Cypress, TX In The Amount Of $9,334.55 (Funded By A Donation From Valero Through CIDA) For The Purchase Of Playground Equipment For Washington And Lincoln Parks D. Consideration And Approval Of Payment To Dallas Dodge, Dallas, TX In The Amount Of $53,410 (JAG "ARRA" 2009 Grant) For The Purchase Of Three Police Mobile License Plate Readers 2 AGENDA APRIL 20, 2010 VI. CONSENT AGENDA -CONTINUED E. Consideration And Approval Of Payment To The Following Vendors For Liquid Chlorine For The Utility Operations Department: Altivia Corp., Houston, TX And DXI Ind., Houston, TX F. Consideration And Approval Of Payment To Tommie Vaughn Motors, Inc., Houston, TX In The Amount Of $11,243 For The Purchase Of A 2010 Ford Ranger Truck For The Environmental Health Division G. Consideration And Approval Of Payment To East Jordan Iron Works, Inc., Houston, TX In The Amount Of $12,500 For The Purchase Of 100 Manhole Covers For The Public Works Department H. Consideration And Approval Of Payment To Brazos Technology, College Station, TX In The Amount Of $28,575 For The Purchase Of Ten (10) Electronic Handheld Ticket Writers For The Police Department Consideration And Approval Of Payment To J. Brandt Company, Inc., Fort Worth, TX In The Estimated Amount Of $17,034.65 For The Purchase Of 2007 And 2008 Employee Service Awards J. Consideration And Approval Of Payment To G. P. Industrial Contractors, Inc., Port Arthur, TX In The Amount Of $4,400 For The Purchase Of Four (4) Bleacher Covers To Be Used At Pioneer Park Resolutions -Consent (1) P. R. No. 15796 - A Resolution Authorizing The Acceptance Of FTA (Federal Transportation Administration) Grant Funding And Amending The Operating And Capital Budget Of The Port Arthur Transit (PAT) System For Grant TX90-X859 3 AGENDA APRIL 20, 2010 VI. CONSENT AGENDA -CONTINUED (2) P. R. No. 15797 - A Resolution Calling For A Public Hearing To Consider A Zoning Change From Agricultural To Light Commercial For A 7.27 Acre Tract Out Of Lots 2 & 7, Block 8, Range J, (Property Located North Of State Highway 73 And East Of Highway 69), A 19.78 Acre Tract Out Of Lots 3 & 6, Block 8, Range J, And A 20.68 Acre Tract Out Of Lot 1, Block 8, Range L And Lots 1 Through 4, Block 8, Range K (Property Located North Of State Highway 73 And West Of Highway 69), Port Arthur Land Company Subdivision, City Of Port Arthur, Jefferson County, Texas (3) P. R. No. 15798 - A Resolution Authorizing The City Manager To Execute Three (3) Contracts Between The City Of Port Arthur And Port Acres Little League Organization, For The Use Of City Baseball Fields At Miguez, Pee Wee, And Eagles Field (4) P. R. No. 15799 - A Resolution Authorizing The City Manager To Execute Two (2) Contracts Between The City Of Port Arthur And Bellaire Softball League Organization, For The Use Of Stephen And Eli Stelly Baseball Fields On Cecil Reynolds Park (5) P. R. No. 15813 - A Resolution Approving Change Order To The Contract Between Affordable Lawn Service And The City Of Port Arthur Section 4A Economic Development Corporation For The Landscaping & Irrigation Maintenance At The Spur 93 EDC Business Park In The Amount Of $12,550.00. (120-1429-582-59- 02) (6) P. R. No. 15825 - A Resolution Authorizing Payment Under The Neighborhood Stabilization Program To The Jefferson County Sheriff's Office For Properties Acquired At The Jefferson County Delinquent Tax Sale (Account No. 129-1435-554.81-00, Project No. NSP005) (7) P. R. No. 15826 - A Resolution Accepting The Automatic Decrease In Access Line Rates As Calculated By Public Utility Commission, As It Pertains To The Amount Of Revenues The City Will Receive And As It Pertains To Their Allocation Of Rates For Residential, Non-Residential And Point To Point Customers AGENDA APRIL 20, 2010 VI. CONSENT AGENDA -CONTINUED (8) P. R. No. 15829 - A Resolution Authorizing The City Manager To Execute A Janitorial Services Contract For The Utility Operations Department For The Water Utilities Service Center And Warehouse With Southeast Texas Building Services, Of Nederland, Texas, For A Sum Not-To-Exceed $6,780 Per Year. Account No. 410-1251- 532.59-00 (9) P. R. No. 15830 - A Resolution Authorizing The City Manager To Execute Two (2) Contracts Between The City Of Port Arthur And The Port Arthur American Little League Organization, For The Barbara Jacket Little League Field At Barbara Jacket Park And Sal Grado Field At Pioneer Park (10) P. R. No. 15831 - A Resolution Authorizing The City Manager To Execute A Contract Between The Port Arthur Hispanic Baseball League And The City Of Port Arthur For The Use Of Leger Baseball Field At Pioneer Park From April, 2010 Through November 30, 2010 (11) P. R. No. 15832 - A Resolution Authorizing ARight-Of-Way License Agreement With Hatch Construction For Property Located At 1629 Woodworth Boulevard (12) P. R. No. 15833 - A Resolution Approving Change Order In The Amount Of $5,163.90, As It Pertains To The Construction Of Port Arthur Highway 73 Business Park Utility And Street Improvements As Approved By The City Of Port Arthur Section 4A Economic Development Corporation (13) P. R. No. 15834 - A Resolution Authorizing The Final Payment In The Amount Of $113,250 For The Contract Between The City Of Port Arthur And APAC-Texas, Inc. Of Beaumont, Texas For The Reconstruction Of 39t" Street From 9t" Avenue To Twin City Highway (SH 347). Funding Being Available In Account 001-1203- 531.86-00 (14) P. R. No. 15835 - A Resolution Amending The FY 2009-2010 Contract Between The City Of Port Arthur And The Department Of State Health Services, CPS-Bioterrorism Preparedness, Attachment 001A s AGENDA APRIL 20, 2010 VI. CONSENT AGENDA -CONTINUED (15) P. R. No. 15836 - A Resolution Approving Amendment Three To The Texas Nurse-Family Partnership Program Agreement Between The Health And Human Services Commission And The City Of Port Arthur (16) P. R. No. 15837 - A Resolution Authorizing The Execution Of A CDBG Contract In The Amount Of $5,000.00 Between The Port Arthur Neighborhood Action Council And The City Of Port Arthur To Provide Neighborhood Security Through The Use Of Neighborhood Action Groups, Primarily In Low To Moderate Income Neighborhoods (17) P. R. No. 15838 - A Resolution Authorizing The City Manager To Amend The Application To The U. S. Department Of Housing And Urban Development For The 36th Year (2010 Program Year) Community Development Block Grant From $1,300,000 To $1,488,102 And For The Home Program From $400,000 To $481,373 (18) P. R. No. 15839 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $6,899.24 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Bus #1801 (19) P. R. No. 15840 - A Resolution Authorizing The Purchase Of Commercial Windstorm Coverage In The Amount Of $505,792 Per Annum. Proposed Funding By: General Liability Insurance Fund: 612-1702-581.52-00 $505,792 (20) P. R. No. 15841 - A Resolution Designating And Establishing The Sacred Heart - St Mary Parish Festival Entertainment Area For 2010, Designating Sacred Heart - St. Mary Parish As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Sacred Heart - St. Mary Parish (21) P. R. No. 15843 - A Resolution Authorizing The May 4, 2010 Regularly Scheduled Council Meeting Be Changed To May 5, 2010 6 AGENDA APRIL 20, 2010 VI. CONSENT AGENDA -CONTINUED (22) P. R. No. 15845 - A Resolution Authorizing The City Manager To Publish A Request For Qualifications For The Westside Development (23) P. R. No. 15847 - A Resolution Authorizing The Execution Of Change Order No. One To The Contract Related To The Main And Port Acres WWTP Rehabilitation Project, CPA-490, Contract No. 5. (No Change In Contract Amount Or Time) (24) P. R. No. 15848 - A Resolution Authorizing The City Manager To Reject All Bids For The Purchase And Installation Of Generators At Central Fire Station And Fire Station Number 1 And Authorization To Rebid (25) P. R. No. 15849 - A Resolution Authorizing The City Manager To Publish A Request For Qualifications For The Development Of Affordable Housing Through The Neighborhood Stabilization And Home Investment Partnership Programs VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions P. R. No. 15842 - A Resolution Authorizing A Settlement Agreement With Huntsman Petrochemical Corporation (Account No. 001-1003- 512.59-00; Project No. M10001) B. Ordinances (1) P. O. No. 6074-An Ordinance Denying The Rate Increase Request Of Entergy Texas, Inc., Filed On December 30, 2009; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject; And Declaring An Effective Date (2) P. O. No. 6075 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2009 And Ending September 30, 2010 AGENDA APRIL 20, 2010 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (3) P. O. No. 6076 - An Ordinance Acknowledging The Sabine Pass Independent School District And The Sabine Pass Port Authority Cancellation Of Election, Amending The Order And Notice Of Election And Redesignating The Vietnamese Translator For The May 8, 2010 General Election UN ESTATUTO RECONOCIENDO LA CANCELACION DE LA ELECCION DEL DISTRITO ESCOLAR INDEPENDIENTE DE SABINE PASS Y LA AUTORIDAD PORTUARIA DE SABINE PASS, ENMENDANDO LA ORDEN Y EL AVISO DE LA ELECCION Y SEIVALANDO A OTRO TRADUCTOR VIETNAMITA PARR LA ELECCION GENERAL DEL8 DE MAYO DEL (4) P. O. No. 6077 - An Ordinance Designating The Early Voting Ballot Board, Deputy Early Voting Clerks, And The Election Day Presiding Judges, Alternate Presiding Judges And Clerks, For The May 8, 2010 General Election UN ESTATUTO QUE DESIGNA EL CONSEJO DE VOTACION ANTICIPADA, OFICINISTAS ASISTENTES DE VOTACION TEMPRANA, Y LOS ]UECES DE PRESIDENCIA DEL DIA DE LA ELECCION, ]UECES DE PRESIDENCIA ALTERNOS Y OFICINISTAS, PARR LA ELECCION GENERAL DEL 8 DE MAYO DEL 2010 (5) P. O. No. 6078 - An Ordinance As It Pertains To Appointing A Presiding Judge Of The Counting Station, Alternate Presiding Judge Of The Counting Station, Tabulation Supervisor, Ballot Production Specialist, Counting Station Manager, Deputy Counting Station Manager, Counting Station Representatives And Election Records General Custodian For The May 8, 2010 General Election UN ESTATUTO QUE PERTENECE A DESIGNAR UN JUEZ DE PRESIDENCIA DE LA ESTACION DE CONTEO, ]UEZ DE PRESIDENCIA ALTERNO DE LA ESTACION DE CONTEO, SUPERVISOR DE TABULACION, ESPECIALISTA EN LA PRODUCCION DE LA PAPELETA EN BLANCO, ENCARGADO DE LA ESTACION DE CONTEO, ENCARGADO ASISTENTE DE LA ESTACION DE CONTEO, REPRESENTANTES DE LA ESTACION DE CONTEO Y GUARDIAN GENERAL DE LOS REGISTROS DE LA ELECCION PARR LA ELECCION GENERAL DEL 8 DE MAYO DEL 2010 8 AGENDA APRIL 20, 2010 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED C. *Reports And Recommendations (1) Report Regarding Sewer Utility Practice On Clean-Outs, Residential Taps And Reconnects (2) Report On Handling Dangerous Arson Structures And Prosecuting Offenders (3) Report On One Block At A Time Program *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. *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 For Prospective Gifts To The City Section 551.074 -Personnel Section 551.076 -Security Personnel Or Devices Section 551.087 -Deliberations Regarding Economic Development Incentives Closed Meeting (1) Section 551.087 Government Code - To Discuss The Value Of Land On Pleasure Island (2) Section 551.071 Government Code - To Discuss With The City Attorney The Potential Litigation As It Pertains To Huntsman 9 AGENDA APRIL 20, 21J10 IX. *CLOSED MEETING (EXECUTIVE SESSION) - (Continued) *The Items In Executive Session May Be Discussed And Acted On In Open Session X. ADJOURNMENT OF MEETING ~o !il1LE5 ©F DECOR~lM :. PERSONS aa~tt~SSING co~fVCIL ~ a~fa x. Rec'»,g'ni6on by P,~-~n IENCE MEMBERS Ptestdla4 afRar. 9 DA7~er. No persaa shaQ'addcess the Coundl without Arst 6etn9 t+aco9nised by tfie ~' ~~4 iare< Ltmtbttton on uP. ~ the mlcropi~ona boa and questioning. Each person addressing ttu ConndE shalt step voice for the t+eao Pmvlded !6r the use of the pubQc and 9tve dt: same sad address is an audlb[e boas of or9aaiatloa of oth~~~'~atsutrjeet he wtsltes bnd~.'sdbe whom•ha 1: rr rbnarta'bQ Person; and tmfezs.er.ttene.k Pig If hi reprr-:ants an ~ {~ ertlnnte~ ~p ~ bf a. graated by Rgior~y robc of.tha, Cainal4 s~aq lln+it his thereof. No pei~on otfiar tlua a~smbess ~ y~ ddevssed ~ the:tguncA s: a rrlwie and rest to ~ memlher entry late ~ry ~~~ ~ ~~ror Coundi and tfle.Pd~ ~ tfie :floor s1~ad .6e R~tbed;~ .tp OA~iaer. ~'°~ _ ~of ~fhe CouncA, w #~.pg~~oR.oE ~lhe 3. ifnp0edty . ~~' R1' w8tf edify ~~ hdPd'Nnsrt. sfandd,~ d~7~+' ~ Q°10a"0~ ~/ Pam aeaidng, .!~n!sslg. ar ~ ~+p,~t°°~' ~ ~a~Me ts~9g- ar enga ~°r~ ~ ~~oc w-ho eonducx, tine owe f, ~ wautd ~ ~~~~~ er the P ~flfm} ~~~Od ban` +~~11f IWf~ aYd[en~'l~lp~! 1!h!r ~d0~- no ~ ~ ~ ~ AA~er a a~o~ttan hoes beset made or a pu6Qe hsaei~g leas ara~ioa }~ ttie Goueid .iham flee aetdi~eoa an_ the aeamer wader. ~ speed+es farms' ~'mns ~ 6e a4ow~iad m a~ddt~ ~ G1oen~ ma slc,eidp onlaad on a ~ Cam UIf1o has ~ ~1g ~paige aanoetioad or does his lettertoe m rim, m' r~sxue ~ ~~~ ~~~ audtenaa slag en e ~ d~uthc !fie ~` wf~tstiing, eaing profane langta94 yMing, and similar dentonstta ~ hand dapping, ~~ ~ ae and good order of the eneay~ ~~- +~~ conduct Ldp rtes v~`SupP~~rf motion picbtrr~e 1+!'-bbfag~ t~mitatloas on use of supplematdl itghting for~~txlev~isiort and and/or °m~ ~ ate the feast artau~nt of inter~faenae wtdt or des#urbanae of Cawadl proaeaimgs 3. Pa~aai~s K~~ ~ ~° P~lic aw~'ng Casirrplaint~: M~lfo~ v~ Charges Against lndm~d. tnI any mn+plaint, sPQdNc allegation, or dtar+ge against an ~ladivlduat ~ E~trp/b~. No Pin shall marks unless fic:Rist>hours that hn lras'pu~ed a Gty.Emptny~ by name in A-pu611c meeting PPrnPriate admintstFative channels: ENFORCEMENT` OF D€C~3RUr+1 Warning, Alt persons shall at tlaa reQu'ast of tfia Pe~esl RanoraG If, alter ~9 O(tlcar; ba silent. eeeeiving a wacnin fi+om officer relay order film to e~emava h 9 the Presiding tlfitcer, a persoa persist in disturbing the =tteetirtg, such order the Sergeant-ataar~ ~ reena~lhi,m. m ~° ~~ng• ~ fie does sot remove ttitttself, the Presiding Officer maY- Ilas~ing Renrovs4 Arty Peron who r~ remanral by etie ~xg~ntat arms shall ba charged with violatin Y.T. Penal Coda 42.D5. ~ ~. Kaa'ass To Eir/6~, Any Couedfinember may mare ~ . affirmative rote of a majority of the Caundi sha11 require ttte PFesldtng flfRcer bo enforce fhLs division, and the require hinE to do so. R~JLES OF PROCE~IIRE Zara Clty ~~edry' shai! make Publt~ in accordance with the Taxes apes Meetings ~~aw, an agenda containing air 6u:iness to be discussed at a meeting of the City Council. Lera~~ Rro~ns Tod N a~n/ eA t,. any matter maX do sob ~'°a jra~"e{Sy Resideais. Any resident who ~ivishes to address thn Council an y, notltyinq fire -City Secretary In accordance Ncith the- TaYas Cpe~ Meetings 'i.ayv. (2j Nonresidents. ,Frey nonresident wlshi~g to address the Council shalt nodly the City Secretary and spedt~ his interest In the matter being considered. 'the city secretary shai) present such request to the Presiding afAcer.fot ap~rovai bef'ors placing the narna ort the Agenda. 9aeel~e Aaenda t ~... After a motion, second and discussror~ by She City Caundt on any spadflc agenda Item, assd 'before a vote Is taken, the Presiding p{RCer shai! recognize any ait3zen in they audience inrishing to address~the council o~ such Item, why :hail ba Fec'mitted to address #hQ Council #hereon far a period of three {3~ fiinutes. !Specific Agenda Ikms° ors deRned as any item specified on the Notice of Meeting posted for purposes at the Texas L3~pen irleetings Law aed which becomes thQ Subject of a motion befara the Caunc4'.