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Home My WebLink AboutJULY 13, 2010 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR MORRIS ALBRIGHT, III, MAYOR PRO TEM COUN~'IL MEMBERS: JACK CHATMAN, JR. ELIZABE'T'H "LIZ" SEGI.ER MARTIN FLOOD JOHN" BEARD, JR. ROBERT & W[LLIAMSON D. KA1" W'ISF; THOMAS J. HF.NDERSON AGENDA City Council Regular Meeting July 13, 2010 8:30 a.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS CITY SECRETARY VAL 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. N.O. BOX 1089 • PORT ARTHUR., TEXAS X7541-1089 • 409/983-8115 • FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur July 13„ 2010 8:30~AM PLEASE TURN OFF OR MUTEALL CELL PHONES t. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Albright III _ Councilmember Chatman Councilmember Segler _ 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, II. PROCLAMATIONS & MINUTES Proclamations Minutes III. PETITIONS & COMMUNICATIONS A. Speakers None B. Presentations (1) Presentation Regarding The 2010 National Summer Transportation Institute Youth Program (2) Presentation By Acadian Ambulance Service (3) Presentation By Southeast Texas EMS (4) Presentation By Bay Star Ambullance C. Correspondence -None AGENDA JULY 13, 2010 IV. PUBLIC HEARINGS - 9:00 AM None V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: None 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Separately Unless F;equested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Dallas Dodge, Dallas, TX (Through HGAC) In The Amount Of $22,777 For The Purchase Of A Dodge Charger For The DE~puty Police Chief B. Consideration And Approval Of Payment To Wollack Testing Services, LLC, Madison, WI In The Amount Of $6,950 For Fire Captain And Fire Engineer Promotional Testing C. Consideration And Approval Of Payment To Brazos Technology In The Amount Of $7,960 For "fhe Purchase Of Ten (10) Zebra Printers ($7,310;) And Ten (10;1 Lithium Chargers ($650) For The Police Department D. Expense Reports City Manager Steve Fitzgibbons: Attended EPA Meeting, Dallas, 'texas, July 6, 2010 $430.12 AGENDA JULY 13, 2010 VI. CONSENT AGENDA -CONTINUED (1) P. R. No. 15921 - A Resolution Authorizing The City Manager To Execute An Agreement With Bonin Roofing Of Port Arthur, Texas For The Re-Roofing Of The Babe Zaharias Golf Course Club House Damaged By Hurricane Ike For The Amount Of $11,040; Funding Being Available In Account IKEIBZ 121-2300-901.59-00 (2) P. R. No. 15973 - A Resolutioin Authorizing The Submission Of A Contract Amendment Request For The Community Development Fund Contract Between The City Of Port Arthur And The Texas Department Of Rural Affairs (TDRA), Contract Number DRS010148 (3) P. R. No. 15979 - A Resolution Authorizing The Mayor And City Manager To Accept The Sub-R'.ecipient Grant Award For The 2009 IPP Buffer Zone Protection Plan (BZPP) From The Texas Department Of Public Safety In The Amount Of $97,000 (4) P. R. No. 15980 - A Resolution Authorizing An Amendment To The 2009-2011 Homelessness Prevention And Rapid Re-Housing Program (HPRP) Budget For E:Ilis Hospitality Center To Allow For Expenses For A Case Manager (5) P. R. No. 15981 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And HD Supply Of Beaumont, TX, And Hanson Pipe Of Houston, TX, For The Purchases Of Concrete Pipe And Boxes On A Unit Cost Basis For Various City Funded And Drainage Projects; Proposed Funding: Drainage Division Account No. 001-1204- 531.84/36 (6) P. R. No. 15982 ~- A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And HD Supply Waterwc-rks Of Beaumont, TX, And Hansen Industrial, Inc. Of Beaumont, TX., For The Purchase Of High Density Polyethylene Pipe For Various City Funded And Drainage Projects; Proposed Funding: Drainage Division Account No. 001-1204- 531.84/36 AGENDA JULY 13, 2010 VI. CONSENT AGENDA -CONTINUED (7) P. R. No. 15983 - A Resolution Awarding A Bid And Authorizing The Execution Of Contracts For Road Building Materials With Transit Mix Concrete & Materials Co., Knife River Corp., AMF Materials & Transport, And Vulcan Construction Materials, LP. Account No. 001-1203-531.86-00, 001-1203-531.36-00 (8) P. R. No. 15984 - A Resolution ,Approving Amendment Four To The Texas Nurse-Family Partnership Program Agreement Between The Health And Human Services Commission And The City Of Port Arthur (9) P. R. No. 15985 - A Resolution Authorizing The Execution Of An Encroachment Agreement Between The City Of Port Arthur And Kenneth And Andrea Tongue Pertaining To A Public Utility Easement Whereupon A Structure Will Be Erected On Lot 5 & 6, SkeffAddition No. 1, Located Ai: 5848 Sam Ave. In The City Of Port Arthur (10) P. R. No. 15986 - A Resolution Authorizing The Execution Of An Amendment To The Agreement Between Linebarger, Goggan, Blair & Sampson And The City Of Port Arthur As To Extend The Agreement Expiration Date From May 1, 2010 To September 1, 2010 Or At A Total Cost Not To Exceed $40,000 (11) P. R. No. 15987 - A Resolution Authorizing The City Manager To Enter Into A Contract With Munro's Dry Cleaning For Police Uniform Cleaning Services, To Be Charged To Account No. 001-1101- 521.26-00 In The Estimated Amount Of $46,750.00 Annually (12) P. R. No. 15988 - A Resolution Authorizing The Payment For Invoices To Linebarger, Gogga~n, Blair & Sampson Pertaining To The Neighborhood Stabilization Program (NSP) In The Amount Of $38,480.85, Account No. 129-1435-554.54.81-00, Project No. NSP 005 (13) P. R. No. 15989 - A Resolution Authorizing The City Manager To Enter Into A Contract With Healthy Resources Enterprise, Inc. For Debris Monitoring AGENDA JULY 13, 2010 VI. CONSENT AGENDA -CONTINUED (14) P. R. No. 15990 - A Resolution Authorizing Acceptance Of An Advance Payment Of $40,334.08 For Hurricane Ike Related Windstorm Damages From The City's Windstorm Insurance Carrier (McGriff, Seibels & Williams) (15) P. R. No. 15991 -- A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And Concrete Raising Corporation Of Houston, Texas For Raising And Rehabilitation Of Existing Concrete Slabs On A Unit Cost Basis For Various City f=unded And CDBG Grant Funded Street Projects; Proposed Funding: Street Division Account No. 001-1203-531.36/86 And CDBG Street Project Accounts (16) P. R. No. 15992 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of An Automobile Physical Damage Claim In The Amount Of $10,525 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1754 (17) P. R. No. 15994 - A Resolution Authorizing Additional Services For The Contract Between The City Of Port Arthur And Neches Engineers Of Beaumont, Te~;as For Engineering And Design Services For City Hall Energy E=fficiency Upgrades And Increasing The Budget For This Engineerinig Service By $47,500 To A Total Of $172,500. Project ENG001, 135-1209-531.54.00 (18) P. R. No. 15995 - A Resolution ,Authorizing Payment To The Center For Criminal Justice Solutions, LLC For The Attendance Improvement Management (PRIM) System In The Amount Of $16,800; Funding Being Available In Account No. 001-1003-512.59- 00, Project No. M97903 (19) P. R. No. 15997 - A Resolution Of The City Of Port Arthur City Council In Support Of Downtowin Activities AGENDA JULY 13, 2010 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions P. R. No. 15974 - A Resolution Granting A Thirty Day Extension To The Agreement Between The City Of Port Arthur And Acadian Ambulance Service, Inc. B. Ordinances (1) P. O. No. 6090 - An Ordinance Amending Chapter 62, Offenses, Of The Code Of Ordinances By Adding Article V, Section 1, As It Pertains To Certain Substances, (2) P. O. No. 6092 - 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.. (3) P. O. No. 6093 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2009 And Ending September 30, 2010 C. *Reports And Recommendations (1) Report On Gilham Circle Area Demolition/Housing Issues (2) Report On Establishing A Date For A Westside Community Meeting *The City Council Can Act On A,ny Of The Above Reports And Recommendations As To Accept Tree Report/Recommendation Or To Request Additional Information And RE~cords VIII. REPORTS OF BOARDS 8 COMMITTEES None 6 AGENDA JULY 13, 2010 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 Lecaal 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 551.074 Government Code - To Discuss The Evaluation And Duties Of The City Secretary (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation With One Stop Construction *The Items In Executive Session May Be Discussed And Acted On In Open Session X. ADJOURNMENT OF MEETING RULES OF DECORtlM ~ PERSONS aDC~RESSf NG COIF NCIL & AUDIENCE MEM6ERS . 1. Revct-9ni6oA by p~.dlrt Presiding Offfar. 9 ~'lC°r. N0 person sha0'address the Coundl without tlrst tieing r~ecog,nized by the Z ~~4 harr,• Limitation on up ~o the mlcrn ~bsslan and quesdonin Each peisan addcesst .voice for eha tie o~ ~ wr the use of the RubQe and 91va (!b same and addr~ tea n audlb a bou~p °rr~artec ~ n of o~ec Pw'son; and mho tithe 's~be whom•ha is tepeasenting ~ ~ t ~t'~agts an thes+eof. ~° {~ a+tnorbes; ~ ~narlaZ d+aQ brt a.. . lirsabed 61l tn~ortty wbe ot`.tha Cound4 chap limit his mbar ~ Pin °~ thaa ~nenrba~! of ~ , wed iti the: ~dt as a rrtiofe and wt bn asiY member ~. Qb°':'sto#4 liar Counc~ arid ~. fprvM~ tfie lioor.~ .b• ~ ~f!'ioar. ~tkroa>g{j s memtier~of'!!w Counrail, wlttearattl~. ~~ e ~P~y. ~' ~ ~aai Addhs~y ~ ~ ~ . rvEffidll- ~tbars. - sbed~ ~ Pera°~ awld~g, .vcp~.Y oc tmpedq, d~~t0~' ~ or abasiy,~ 6~ ~` ~riid4- a' Peoraei-+ani~ or who °0~~+r may, at the ~~ 00~. lire at+det, ~ ~ ~~ o°Qd~ wheels would dhot+ettaa a! tha ~ ~ t~idissq Otlfcs~, and tf such mnduet ~~ +~ that ~~'r ~ adeend 6anssd fiiroest tWstbtr audtenoe ~oee the d' ~/~k~Q ~ 4•~cNnariej ~~ aoRtidd0o0d- ' of tin; Pie s~ Af6er a pafl~aes has. been a>ad~ or a pubQe heaetn9 bas <ration mat {~ addnws !!se mound .tiroen the audtrsoa m tlM neutrer under ~ "°°a N~-P~ioa bs da ~w~ad~6ci a~ddnas~~ ~ Coa°aR` for or moons uti IN ~ ~~ cam ~ ~ ~0ot ~. ~° ~ aano~uieed qr does annou ns iod~ton bo t~uo, or bsue No person to the audtenaa sha11 en ~nr °! ~c wfits~rtg, ttdrt gage to 9. ~~fil conduct smc11 as hand cta dcsbutis the ! profane lanqua94 l~rtg, and sinsitar d ppin 7. l~aaae aed good order of the meatl whkh oondud mot/~°0~ ~ ~Pf~6f tg/jya¢ L~mitatlans a~ use of ~ create the ( suppteme~sht tlghbing 1b+"~ Eetevistocs and and/ordi~}~ m ~ .~G dst amount of interference wQd~ or destur6anae aE Gawndl p~vaeedings a. Pe~r~aoiits H pli ~ A/l y P ~9 Cart' fir ~ ~~ants, or Cho an tam faint; sPedflc allegabat, or cFa e a ^pes A9yi~t` Ind~fd~/ ~ Earplfo~s. Na person shalt make unless Iir:A'ist shows brat ~~ has. u r9 9ainst an~tndividual Ctty.EmPlaye~ by aama in;.public meeting p trued aPProPriate adminislaative dsannefs ENFOR~EMEIN'~" gF DECl3~iUM Wirnlny. Aq persons shall at the request o!'the Pr+est ReRror~4 if, other receiving a warnin ~ i~tcar,• be silent, af'ficer rtta order him ~ remove hlmsNi from the~~~ QtRcer, a person persists i:a disturbing the meetissg, such order the 5yergeant-at0anns bo remove h1m. meeting• xf he does sot rrmove tsittuelt, the Presiding O[Ficer may ~~'~ lye~rn°vaL ~ Psrson who n'si~ romovai by the Sergeant-at arms shalt be Penal Code 42.D5, charged viriEh violating Y.T.CJI, ~YadaRS~ To Ein6raa /lny Coundfineersber may move to . afArmative vote of a majority of tfiQ ~undl shall requiro ~e A~Siding Otlker tQ ~~ ~+~ division, and the require turns to do aa. RUES of ~aocE~uRE - Tha pty Secretary shalt make public, in accordance tivith the T4xas O en Megtin husiness #o be discussed at a meeting of thai ~ Councif. P gs law, an agenda aonlaining ail ins Ree~esNna To a t,/ ~ Q any matter maX do ~ b ~-~-e~aa ~t ...ens} ~idQ~~ ~y rodent who wishes to addrm thn Council on y- noGihyinq tht -City Secretary In accordance with the Texas Open Meetings 'i:avv. (2j Nonresidents. ,cry nonresident -wishing to address the Council shalt :aotlty ~1e Qty gect.etacY acrd sped f,is interest 3n the matter being considered. The City Secrewry shalt present such request to the presiding afEicer.far~apipraval befor$ gluing the narna otw the ApenQa. Saeca'rle .daend~t ltenn~ After a mOtdOn, second and discussion. by The City Caundi an any spadfic agenda Mena, asn~d before a vote, la taken, the pregtdi on loch- item, who alaall be e ~ Ot'l'icer shall recognize any citizen iR the audlance vvishlnq to addr=ss-the cosrnc3t Itnms° ors deRned as any i em apecl>3edaon the otic oof INefetln9 po tried t Sri u o sett a! t{.he T mutes. lSpeciflc Agenda and which becomes tlae subje~ o f a motion bef P rP cocas t! en Meetings Law era the CaunclN: ¢