HomeMy WebLinkAbout07-14-09 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR
ELIZABETH "LIZ" SEGLER, MAYOR PRO-TEM
COUNCIL MEMBERS
JACK CHATMAN, JR.
MORRIS ALBR[GHT, Ill
MARTIN FLOOD
JOHN BEARD, JR.
ROBERT E. WILLIAMSON
D. KAY WISE
THOMAS J. HENDERSON
Energy
Clry Of Ciey
ort rthur~--
Texas
AGENDA
City Council
Regular Meeting
July 14, 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
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
July 14, 2009
8:30AM
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
Minutes
May 19, 2009 -Regular Meeting
June 02, 2009 -Regular Meeting
June 16, 2009 -Regular Meeting
June 30, 2009 - Joint/Special Meeting
June 30, 2009 -Special Meeting
III. PETITIONS & COMMUNICATIONS
A. Speakers
Tasha Bobb Regarding Family Happy-NDZ Day
AGENDA
JULY 14, 2009
~ III. PETITIONS $ COMMUNICATIONS -CONTINUED
B. Presentations
(1) Ruth A. Eledge, Vice President And Senior Consultant, The Waters
Consulting Group, Inc. Regarding The City Wage And
Compensation Plan Market Update And Analysis
(2) Pink Logan, Harry Logan And Ginger Logan Brown Regarding
Logan Park
C. Correspondence
None
IV. PUBLIC HEARINGS - 9:00 AM
To Consider Granting A Specific Use Permit For A Cellular
Communication Tower (Verizon Wireless) On 6401 S. Twin City Highway
Z09-02 (SUP #208)
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
2
AGENDA
JULY 14, 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 Payment To Smith's Detection,
Danbury, CT In The Amount Of $135,000 (100% Funded By 2008
State Homeland Security Program Grant) For The Purchase Of
Haz-Mat ID, Gas ID, And Responder RCI Systems For The Fire
Department
B. Consideration And Approval Of Awarding A Bid To Alfa Laval Inc.,
Houston, TX In The Amount Of $26,989 For Centrifuge Repairs At
The Water Purification Plant
C. Consideration And Approval Of Payment To TAPCO, Inc., In The
Amount Of $9,290 For The Purchase Of A Sign Making System
(Including Two Training Days) For The Electrical Division
Resolutions -Consent
(1) 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
(2) P. R. No. 15326 - A Resolution Authorizing The City Manager To
Enter Into A Contract For Arbitrage Rebate Compliance Services
With First Southwest Asset Management, Inc.
3
AGENDA
JULY 14, 2009
VI. CONSENT AGENDA -CONTINUED
(3) P. R. No. 15347 - A Resolution Authorizing Acceptance Of An
Engineer's Certificate Of Completion From Arceneaux & Gates
Consulting Engineers, A Contractor's Certificate And Release From
LaGrone Services, Ltd., And Contractor's Certificate Of Guarantee
From PA69, L.P. For The Completion Of Public Improvements
(Water & Sewer Utilities) To Serve The Port Plaza Center-Phase
Two Development, And Authorizing The City Manager To Sign The
Certificate Of Acceptance On Behalf Of The City Of Port Arthur,
Texas
(4) P. R. No. 15349 - A Resolution Authorizing The City Manager To
Do All Things Necessary To Execute The Settlement Of A Claim In
The Amount Of $31,209.16 Made Against Texas Municipal League
Intergovernmental Risk Pool (TML) As A Result Of The Property
Damage To City Landfill Bulldozer Unit #1517
(5) P. R. No. 15350 - A Resolution Authorizing The Mayor And City
Manager To Execute An Agreement With Neches Engineers Of
Beaumont, Texas To Provide Engineering And Design Services For
City Hall Energy Efficiency Upgrades For An Amount Not To
Exceed $125,000; Project EN0001, 135-1209-531.54-00
(6) P. R. No. 15351 - A Resolution Authorizing The Mayor And City
Manager To Execute An Agreement With Neches Engineers Of
Beaumont, Texas To Provide Engineering And Design Services For
Installation Of A 700 Kilowatt Generator At City Hall For An Amount
Not To Exceed $27,000; Account 001-1206-531.54-00
(7) P. R. No. 15354 - A Resolution Awarding A Bid To Emericon
Builders, Inc. Of Brea, California, For Re-Roofing The Area Above
The Locker Rooms At The Recreation/Senior Center For An
Amount Of $34,825.84. Account No. 121-2300-901.32-00 Project
IKEREC
(8) P. R. No. 15355 - A Resolution Authorizing The City Manager To
Execute An Agreement With L. Mobley Concrete Construction Of
Houston, Texas For Construction Of Eight (8) Handicap Ramps At
The Intersection Of Thomas Boulevard And Second Avenue For
The Total Amount Of $16,000; Account 001-1204-531.84-00
AGENDA
JULY 14, 2009
VI. CONSENT AGENDA -CONTINUED
(9) P. R. No. 15356 - A Resolution Authorizing The City Manager To
Execute Change Orders No's. 1 and 2, (Exhibit A And B) Increasing
The Scope Of Services For The Contract Between The City Of Port
Arthur And Thomas Sheppard, D.B.A. Stonewater, Inc., For
Housing Reconstruction Activities, Account Number 108-2141-
626.59-00, Project HE0602
(10) P. R. No. 15357 - A Resolution Authorizing The City Manager To
Execute Amendment No. 1 To The Contract Between The City Of
Port Arthur And Savannah Housing Corporation As To Increase
The Site Preparation And Authorizing Construction To Three (3)
New Homes For Moderate Income Persons/Families In The City
(11) P. R. No. 15358 - A Resolution Authorizing The City Manager To
Execute A Contract Between The City Of Port Arthur And Don S.
Reichle & Associates, Inc., For Engineering Services, Not To
Exceed $16,500, Related To The Repair Of Seven Elevated Water
Storage Tanks Due To Hurricane Ike. Account No. 123-2300-
901.54-00, Project No. IKEWTI, IKEWT2, IKEWT3, IKEWT4,
I KEWT5, I KEWT6, I KEWT7
(12) P. R. No. 15359 - A Resolution Authorizing The City Manager To
Execute Change Orders Nos. 1, 2, 3, 4 And 5, Increasing The
Scope Of Services For The Contract Between The City Of Port
Arthur And Rumm Construction For Community Development Block
Grant Disaster Recovery Program, Housing Reconstruction,
Account Number 106-1425-571.59-00, Project RITA04
(13) P. R. No. 15360 - A Resolution Authorizing The City Manager To
Execute Change Order No. 1 (Exhibit A) Increasing The Scope Of
Services For The Contract Between The City Of Port Arthur And
Stonewater, Inc. For Community Development Block Grant Disaster
Recovery Program, Housing Reconstruction, Account Number 106-
1425-571.59-00, Project RITA04
AGENDA
JULY 14, 2009
VI. CONSENT AGENDA -CONTINUED
(14) P. R. No. 15361 - A Resolution Authorizing The City Manager To
Execute Change Order No. 1 Increasing The Scope Of Services
For The Contract Between The City Of Port Arthur And James W.
Turner Construction, Ltd. For Community Development Block Grant
Disaster Recovery Program, Housing Reconstruction, Account
Number 106-1425-571.59-00, Project RITA04
(15) P. R. No. 15362 - A Resolution Authorizing The City Manager To
Execute Change Order Nos. 1, 2, 3, 4, and 5 Increasing The Scope
Of Services For The Contract Between The City Of Port Arthur And
James W. Turner Construction, Ltd. For Community Development
Block Grant Disaster Recovery Program, Housing Reconstruction,
Account Number 106-1425-571.59-00, Project RITA04
(16) P. R. No. 15363 - A Resolution Authorizing The City Manager To
Execute Change Order Nos. 1, 2, 3, 4, and 5 Increasing The Scope
Of Services In The Amount Of $10,350.00 For The Contract
Between The City Of Port Arthur And James W. Turner
Construction, Ltd. For Community Development Block Grant
Disaster Recovery Program, Housing Reconstruction, Account
Number 106-1425-571.59-00, Project RITA04
(17) P. R. No. 15366 - A Resolution Expressing Intent To Finance
Expenditures To Be Incurred As It Pertains To Bonds Authorized By
The Voters And To Be Issued
(18) P. R. No. 15367 - A Resolution Authorizing The City To Enter Into A
Five (5) Year Lease Agreement With Mark Of Distinction Of
Houston, Texas For A DP525 Digital Mailing System With 30 Lb.
Interfaced Scale In The Amount Of $20,225
(19) P. R. No. 15370 - A Resolution Authorizing The Third Year Of A
Three Year Renewable Contract Between The City Of Port Arthur
And Triangle Waste Solutions Of Port Arthur, Texas For Leachate
Hauling At The City Landfill For A Fee Of $51.06 Per Hour. Funding
Is Available In Account No. 403-1274-533.51-01
AGENDA
JULY 14, 2009
VI. CONSENT AGENDA -CONTINUED
(20) P. R. No. 15373 - A Resolution Rescinding Resolution 09-282
Which Authorized Additional Services For The Contract Between
The City Of Port Arthur And Arceneaux & Gates Consulting
Engineers, Inc. Of Port Arthur, Texas For Construction Phase
Services Related To The TWDB CWSRF (ARRA) Grant And
Authorizing Advertising For Requests For Qualifications For This
Service
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
(1) P. R. No. 15253 - A Resolution As It Pertains To The Rehabilitation
Of The Homes At 1237 East 19t" Street, 2311 11t" Street And 1737
Thomas By Starco Solutions
(2) P. R. No. 15341 - A Resolution Appointing Alternates To The
Zoning Board Of Adjustments And Appeals
(3) P. R. NO. 15353 - A Resolution Approving Award Of A Bid For
Landscaping & Irrigation Maintenance By The City Of Port Arthur
Section 4A Economic Development Corporation At The Spur 93
EDC Business Park
(4) P. R. No. 15365 - A Resolution As It Pertains To Closing The
Economic Incentive Contract Agreement Between Redwine Family
Partnership And The City Of Port Arthur Section 4A Economic
Development Corporation As The Performance Obligations Therein
Have Been Completed
(5) P. R. No. 15372 - A Resolution As It Pertains To Proposed
Legislation Allowing The Voters Of Texas To Decide On Gambling
(Requested By Councilmember Beard)
(6) P. R. No. 15374 - A Resolution As It Pertains To Co-Gen Projects
For The City Of Port Arthur (Requested By Councilmember Beard)
B. Ordinances
None
(AGENDA
JULY 14, 2009
I VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT -
CONTINUED
C. *Reports And Recommendations
(1) Report On Potential City Council Retreat
(2) Report On Status Of Alley Cleaning
(3) Report On TPWD Recreation/Senior Citizens Center Grant Project
*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
s
AGENDA
JULY 14, 2009
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 551.071 Government Code - To Discuss With The City
Attorney Potential Litigation As It Pertains To Starco
(2) Section 551.071 Government Code - To Discuss With The City
Attorney, Clayton Mayfield, Joe Deshotel And Offerman & King,
L.L.P. Potential Litigation As It Pertains To The Acquisition Of
Property, As Well As It Pertains To Collections
(3) Section 551.072 Government Code - To Discuss The Value Of
Land In Downtown Port Arthur
(4) Section 551.072 Government Code - To Discuss The Value Of
Land On Pleasure Island
*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 DECORUM - PE{~pryS ADDRESSING COIfN
CIL & AUDIENCE MEMBERS
1• Recaugnldon by Prrsyd/a
Presiding O~Rror. g . No Person sha0'address tfie Cour,dl witltout flirt being recog~ed by the
2• Spea~Q ~ Limi4tioe on .
up to the mkxoplrone Provided for the eyss of the au~~~' Each person addressing the CoundE shall step
' voice for the records, ~~ that su PubRc and give his name and address in an audible tone of
orgaaisatlon or otlrer pemon~ and uun~lessh~ es bo.dtscvss-•stabe whom•he is representln M he
tl~ereof. o~ ~ ~n~' al ~~ sha11 bye a~ ~ graated by n~o~y vote of tfie_ g f ~~ an
N Amon Sher than ddnessed to the: Coundl as a whole and ~~ ~ 11mit his
enter ierto a~ won w auun6aES of the Council and the . Person hauls Y member
• ~ ~ , hetfrer dir~eetly~ thi+ougA a member of the Cou!xi4 witfrowt Th the
3. p~ ~ - ..
t
Caad
.. impliedly, Personal, bnpertlnerrt; ~ t~ ~ Pfarsarr Add~eg i+fis Coturc~$ ~ . •:. ••
- - imped.4 uttsts ~' tlireatenb~g or #b~ng ~0 ~' ~OD1irt°O~ snide, or Profane.t ~~ o~~oo
erupt, or disturb the gel engages, in any disord
eoMiriues, ~Y, at the discretion of~the ~~' the order. 61/ the Presiding ~ a~~d ~ ~ would
~ v~that Meeting. p9 Officer, 6e adered barred firm hrrther audience ~be~r~ the
Kadar blade arptrblTc
~ ~ n~ ~ ~ 9 61k ~ adder tl~Co tndl ~ ~e ~ Public hearing has
Peron bo do m by'rnajorlty vote ~, ~ ~/ ~ the matter under
alb ~'i~ Bilged No persons wiB be agowed ~ address tfie .
dy ordered on a Y dldatie ~O ~ announced a does announ~ce~hls tntmrtlon to~n~in,~or ire
6. ptevrdarl~, Covrd~ ~ lot for eied~ion, .
• stamping of Pe+son 1n the audience shall engage in disorderly eonduet such as hand da
disturbs the ~' Wh~ngr using profane language, yeging, and similar demonstrati Ping'
7. Um/taBavis Peace and good oMer of the meeting. ~i yWridt induct
~ Use o/SwpP/e~b/~~°~ Umitations on use of supplemental lighting for'tetmrision and
motlon picture cameras ~ ~~ the least amount of interference
and/ordort m ~e b(lc ~ or disturbance of Coundl
$• Peravnrs Hat~-ay Comp/al ~ Proceedings
any complain s ~' a/O9atloery o~ Charges Against Indl~~/ ~ .
~ P~dflc allegation, or change against.an individual ~ ~P/off No person shall make
unless he:i3~st shows that he haspursued a ro
City.EmPlay~ byname in s•public meeting
. PP Pete administrative channefs;•
• ENFORCEMENT OF DECORUM .
Warrrln9. All persons Shan at the .
RenrovaL if, after receiving a vvawest of the Presiding Officer; be silent,
Offker may order him to remove himself ~f om the n9 Onicer, a person persists to disturbing the tneetin
order the Sergeant-at0arrns to remove him. ' ~~ng• If he does not remove himself, the Presidf g~ such
n9 Officer may
. Rib'°g Rei+nova/. Any Peron who resists removal 6y tfie ~ -
Penal Code 42.05. Sargeant-at-arms shall be charged with violating V.T.CJ1,
Modwrs To Fnfbrte, Any Coundimember ma move to .
affirmative vote of a majority of the Coundl shall regglr~e him to do sow. ding Officer to enforce this divisioiy and the
. RULES OF PROCEDURE ~ ~ _
The City Secretary shalt make public, in accordance with }
business bo be d~cussed at a meeting of the City Coundl. ~ Texas OP~n Meetings ~ Law, an agenda containing ail
Ps1~es Reorr~~s To B H
~ n
any matter may. do so 6y nod (i) Residents, Any resident who wishes to address the Council on
Wonresldents. tiny nonresident wisihing two a dress~the C~undl hail otit~ the Q ~e Terms open M~a
the matter being considered. The C S gs 'Law. (2)
piadng the name on the ~ ~r'Y shalt present each ~ Secretary and spedfy his interest In
. Agenda.. re4uest to the Presiding Officer.foc approval before
~fle .4oenda lten.Q After a motlon •
'beforo a vote. is taken, the Presidi 'second and discussion by the City Coundi on any spedfic agenda item, and
on such item, who shall be ~ Officer shall recognize say dozen In the audience wishing to aifdress~the council
=terns" are defined as an perm~d to address the Coundl thereon for a period of three (3) minutes. "Speditc Agenda
and -which becomes the sub get of~a m tlon before the Co ndL n9 Posted for Purposes o! the Texas Open Meetings Law