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.