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HomeMy WebLinkAboutAUGUST 25, 2009 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" S'~EGLER, MAYOR I'RO-TEM COUNCIL MEMBERS JACK CHATMAN, JR. MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON I' STEPHEN FITZGIBBONS +I CITY MANAGER Energy TERRI HANKS Clty Of ~~b' CITY SECRETARY MARK T. SOKOLOW "'/i'~ I' Il' \`/~f CITY ATTORNEY ort rthu~_ Texas AGENDA City Council Regular Meeting August 25, 2009 5:30 p.m. 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 August 25, 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 City Attorney Sokolow _ Sergeant At Arms: Police Chief Blanton Or Designee _ II. PROCLAMATIONS & MINUTES Proclamations Minutes August 11, 2009 Regular Meeting August 18, 2009 Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers Gerald Tervalon Regarding Como Transportation B. Presentations -None C. Corresaondence -None AGENDA AUGUST 25, 2009 IV. PUBLIC HEARINGS - 7:00 PM (1) Consideration Of The Proposed Budget For The City Of Port Arthur And The Port Arthur Section 4A Economic Development Corporation For The Fiscal Year Beginning October 1, 2009 And Ending September 30, 2010 (2) Consideration Of Proposed Water Conservation And Drought Contingency Plan 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 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 Boyce Equipment, Ogden, UT In The Amount Of $6,071.88 For The Purchase Of Parts For Police Military Surplus Equipment B. 2009 Notice Of Effective Tax Rate For The City Of Port Arthur C. Consideration And Approval Of Awarding A Bid To Tommie Vaughn Motors, Inc. Houston, TX In The Amount Of $45,819 For The Purchase Of A 2010 Ford F350 XLT Super Cab/Super Duty Truck For The Transit Department D. Consideration And Approval Of Awarding A Bid To Sabine Tool And Supply, Port Arthur, TX In The Amount Of $5,350 For The Purchase Of A HVAC Refrigerant Recovery/Recycling Unit For The Transit Department E. Consideration And Approval Of Awarding A Bid To InfoLab, Inc., Roundrock, TX In The Amount Of $73,816 For The Purchase Of One Alfa Wasserman Alera Chemistry Analyzer 402900-1 ($31,950) And One Horiba ABX Pentra XL80 Hematology Analyzer ($41,866) For The Health Department AGENDA AUGUST 25, 2009 VI. CONSENT AGENDA -CONTINUED F. Consideration And Approval Of Payment To The United States Conference Of Mayors For Membership Dues In The Amount Of $5,269 G. Consideration And Approval Of A Request From The Jefferson County Tax Assessor-Collector For The Waiver Of Penalties And Interest In The Amount Of $104.26 On Two Accounts H. Consideration And Approval Of Awarding A Bid To Big Truck Rental, Tampa, FL In The Amount Of $179,900 For The Purchase Of One Used Automated Garbage Truck Consideration And Approval Of Payment To Philpott Ford, Nederland, TX In The Amount Of $6,878.73 For Repairs To A 2007 Ford F-250 Pickup Truck (Equipment #1669) For The Wastewater Conveyance Division J. Consideration And Approval Of Payment To `The Shop', Port Arthur, TX In The Amount Of $8,645.25 For Repairs To A 2003 GMC Sewer Cleanout Truck (Equipment #1507) For The Wastewater Conveyance Division K. Consideration And Approval To Rescind Award Of Bid To Alfa-Laval, Inc., Houston, TX For Centrifuge Repairs For The Utility Operations Department (Water Purification Division) And Authorize Bid Award To B&P Process Equipment And Systems, Houston, TX In The Amount Of $44,991 L. Consideration And Approval Of Payment To Crabtree Barricade Systems, Beaumont, TX In The Amount Of $16,826.40 For Roadway Striping Of Jimmy Johnson Blvd. From Memorial Blvd. To Twin City Highway M. Expense Reports: Mayor Deloris "Bobbie" Prince: Use Of Personal Auto For City Business January -March, 2009 $ 52.60 AGENDA AUGUST 25, 2009 VI. CONSENT AGENDA -CONTINUED Resolutions -Consent (1) P. R. No. 15369 - A Resolution Accepting A Utilities Easement From TOTAL PAR LLC For Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (2) P. R. No. 15407 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, The Contractor's Certificate And Release, And The Contractor's Certificate Of Guarantee; And Authorizing Execution Of Change Order No. 1 And Final For The 39th St. LS Force Main Diversion Project No. 426013 And Approving Final Payment Of $8,640.14 To Simco Enterprises, Ltd. And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas. Fund No. 426-1625-532.83-00, Project No. 426013 (3) P. R. No. 15442 - A Resolution Authorizing Acceptance Of An Engineer's Certificate Of Completion From Joel K. Neely, P.E. Of Richard Design Services, Inc. And Contractor's Certificate And Release And Contractor's Certificate Of Guarantee From Mason Construction, Ltd. For The Completion Of Public Improvements (Public Water System) To Serve TOTAL, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (4) P. R. No. 15443 - A Resolution Authorizing The City Manager To Enter Into A Grant Agreement With The Texas Department Of Transportation For Fiscal Year 2010 Operating Assistance For The City Of Port Arthur Transit System (5) P. R. No. 15445 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (6) P. R. No. 15446 - A Resolution Authorizing The Execution Of An Encroachment Agreement Between The City Of Port Arthur And Eric L. Miquez (Owner) And Pertaining To Public Utility Easements Located At 4510 Evergreen Drive, Port Arthur, Texas 77642 And More Fully Described As Lot 6, Block 58, And Lot 4, Block 58, Griffing's Residential Park AGENDA AUGUST 25, 2009 VI. CONSENT AGENDA -CONTINUED (7) P. R. No. 15447 - A Resolution Authorizing An Amendment To The Contract Between Savannah Housing Corporation And The City Of Port Arthur To Complete Construction Of Homes On 5849 Texas Avenue, 5901 Texas Avenue And 5910 Texas Avenue With The City Providing For Each Home $100,000 For Site Preparation And New Construction And Developer Fees For A Total Of $300,000 With The City Also Providing Up To $20,000 Per Home Buyer For Down Payment And Closing Cost Assistance, Account Number 108-2141-626.59-00 Project Numbers HE0501 And HE0601 And 108-2141-626.54-01 Project Number HE0604 (8) P. R. No. 15448 - A Resolution Authorizing The City Manager To Execute A Contract Between The Port Arthur Pop Warner Football Association Gulf Coast And The City Of Port Arthur For The Use Of City's Football Field At Adam's Park From August 26, 2009 Through December 31, 2009 (9) P. R. No. 15449 - A Resolution Approving The FY 2010 Contract Between The City Of Port Arthur And The Department Of State Health Services, RLSS-Local Public Health System (10) P. R. No. 15450 - A Resolution As It Pertains To Additional Services Provided By The Nurse-Family Partnership, A Colorado Non-Profit Corporation In The Amount Of $2,989 (11) P. R. No. 15454 - A Resolution Adopting The Purchasing Procedures Of Section 271.9051 As Amended By House Bill 2082 Of The Local Government Code As To Give Local Bidders A Preference When They Are Within 5% Of The Lowest Bid Price As To Non-Federally Funded Projects Under $100,000 (12) P. R. No. 15456 - A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And L. Mobley Concrete Construction For Construction Of Eight (8) Handicap Ramps At The Intersection Of Thomas Boulevard And 2"d Avenue, Increasing The Contract Amount By $3,200 To A New Total Of $19,200. Account 001-1203-531.87-00 (13) P. R. No. 15457 - A Resolution Approving A Proposal From Science Engineering, LTD. For Additional Testing As To Property Adjacent To Harry Denbo Avenue (14) P„ R. No. 15460 - A Resolution Adopting A Water Conservation Plan And A Drought Contingency Plan For The City Of Port Arthur To Promote Responsible Use Of Water And To Establish Criteria For The Initiation And Termination Of Drought Response Stages AGENDA AUGUST 25, 2009 VI. CONSENT AGENDA -CONTINUED VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions P. R. No. 15453 - A Resolution As It Pertains To Light Commercial Development On Land Adjacent To The City's Boardwalk B. Ordinances (1) P. O. No. 6026 - An Ordinance Amending The Code Of Ordinances Of The City Of Port Arthur By Adding Sub-Section 110-34 (D) As It Pertains To Development And Implementation Of A Water Conservation Plan, Providing For A Penalty, Publication, And An Effective Date (2) P. O. No. 6028 - An Ordinance Amending Ordinance No. 09-56 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 C. *Reports And Recommendations (1) Report On The City's September 11 Commemorative Service (2) Updated Report On International Economic Development Council Downtown Revitalization (3) Report On 2009-2010 City Budget *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 6 AGENDA AUGUST 25, 2009 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 August 26, 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 DECORUM ~ pE~p~i,S ADDRESSING COt~NCIL 8R AUD3ENCE MEMBERS ~~ ~d1 ~~P~dd/a~ thi7~cier. No Berson shatl'addcass the Coundl without !lest Giing tacogni=ed by the Z ~~ Procadrer,~; Llmltadoe on ap ~o tlee mtca+opteOne ~ sad queatloning. ~Eadt peison addrs~aieq the GouawdE shag step provided !br the uss a! t[a publk and votes for the ~ ~ wWtet ~ Eiw !!b same and address to as aadlble tone of e+eaoeds, state that: su peeseetttag ie h~ oegaeeisatlwt o f otleer pion; asd aNes ~ .•,•~ whom• he b n matte an rsmarfattQ Itv~e {5j eedautes, ~ reenaiQ mod: ~ ~~ ~ ~:~ shalt flmh his thecaot No person ether h~an ~ ~ addeaesed~ ~ tta: fouac4~ as a srteo[~ and'jwt to ~Y a+amber a~ ~ any. dtsoussiae, of ~ cowKtl seed. tits: •lanrtet~ the :t'looc.steall as Peed to Prig o!lto.r. °e tbroagA a a~mti~ec `ot ~l+e cau~a~ wt~ie ti~•p~ni~ou oe ti-e ~ ~ ~- r+rer~r, ~ My or ~~- tears: toad, i„g ~,a, ~ ~ - ar p~+a:-e.n,~rt~ or who ar ee - °R ~- ~ ~r - aoedaet rrt+ieh ,,acid c0"~r ~I: ~ the ~ ~ c0"'~' ~ °~ 61- tlm lt+asidieg ~[ltaar, sad iE sadt coade~d Coea~d de^~Ing CtwR olltoar, ba osdered barred tieoaa fiertleer >~noa •~Oe,a thi ~ ~ ~ a' ~c t~ a mslton has. bean a+ads or a pubQc hearing • bas m4 tie: sha4 addrem the Couad .thoen the aad3anaa aA_ the a+amer suede, ~, bout 16s! saaaiig.peeanis~os to do so by ita~oetty r~ of the stir Cmwi. ~ No persoem ,,,~ b. atioared m address the ~ih/ CouncB by matdng n ale+eady a'deM o~a 6a~1ioR ~. who bay aanov:iced ar dces anna~nae bb intdadon m ewy o~ issue d' '~ ~dbct ~ P~4n b+ the andienas sbatt ~~~ °f ~ a~g p~`ane b engage in dtaoedaely conduct aside as haetd dapping, disturbs the peace aed good order of the meetl age. y~adtng, and steaitar w[ekh coaduet 7. Ld~Obas err Gfis ofSti~pj ~~v9~ L'haltations as u:a of su pplenxyttal tlghtlng foe"television and O° Pictyre cameras ~ cemta the least amount of tabecfaratee with ot: disturbance of Catnd't proeendings andfo~discom~ortto the pu6Nc 8 P~snves /!ar/iry CairePral~, i1Qayatla~ or Gjar9e+' Agalrrs! Lrdite~aa/ t~ Eieep. No pecsoa shalt Waite any complaint; spactfk allegation, or d+acgs against an•tndivldual CtLy.Emptayee by name in a.publie meeting antes i'te~.Aist shows that he has'puesu~ :ppcopriate adenintstsatlve d~annels ENFORCEMENT` OF DECORUM M/areelny. Aq persons chap at flee raqu~ist of the Arm O(lteae; 6e ailaat: RsmrovsL If, afbar r~eivieg a warning ~ the Peesid Ofitaer may oe~ him to e+emow himself front the rneetln Q~~, a 'perloa persist In disturbing the meatfig, suds order the Sergeant-~~ ~ remove hlm. 9. u ha does sot Nova himself, the Presldltg OfNeer mar. Paai C den 4~y0g ~ ~ ~o ~ 1 ~/ ~e Sergeant-at arms shalt ba charged with Woladng V.T.C.l1, afA~tivao veto o at marjarity ~s ~ may move bo require the Presldtng Otfiaec to eaforca #his division, and the Coundl shall ragetire Meer to da ao. RULES OF PROCEDURE The ~Y Sea~eGrY shall make public, in accordance with the Texas Open Meetings ~ Law, an agenda ~nlaieing ail business to be discussed at a meating of the City Coundi. ~rct ,Re~eesNnd~ Ta ~ fleanal e.. '..~ -- aery matter ~enaX do sob noti ~lj itesidents. Any resident who wishes to address the Caunci! on y.. tying the •City Secretary M accordance htith the- Texas Cpan Meadags 'taw. (2j nonresidents. !trey nonresident ~wishigg to address the Cbundl shaft nodty the Qty Secretary aesd apedfy his interest in the matter ieeieg e~nnsidered. The City Secentary shalt present such request ~ the Ps~asiding OtltCer.to~ ap¢roval before ,pladng the Worse on the Agendaw • ~cedlfle Agenda t ~+• ,steer a mots®n, second and discussiorF b the 'before a vote. is lstken, the Presidi Y Cfty Coundl an any spadtic agenda Iteer~, and n9 Otftcer shall recognize any citizae in the audience wishiesg to address•the couneit an such Item, who shall ba permitted to address the Cou~cii thereon for a peNod of three (3j minutes. "Spedfie Agenda Items" ors detlAed as any il~ent spedfied on the Notice of Me~etlng posted for purposes of the T~s Open Meetings Law and which bercames the subject of a motion before the Coundt.