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HomeMy WebLinkAbout09-08-09 REGULAR MEETINGDELORIS `BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO-TEM COUNCIL MEMBERS: JACK CHATMAN, JI~~. MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. W[LLIAMSON D. KAY WISE THOMAS J. HENDERSON EnerEY CIZy Of City ort rthur~- Texas AGENDA City Council Regular Meeting September 08, 2009 5:30 p.m. STEPHEN FITZGIBBONS CITY MANAGER TERRIHANKS 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 September 8, 2009 5:30PM PLEASE TURN OFF OR MUTEALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALIL 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 25, 2009 Regular Meeting August 25, 2009 Special Executive Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) John Woods Regarding LacN; Of Local Hiring By Contractors Employed By Local Refineries (2) Harold L. Doucet, Sr. Regardinng Request For Parking & Walking Track Funding, Resurfacing Cambridge Avenue To Support Commercial Vehicles AGENDA SEPTEMBER 8, 2009 III. PETITIONS & COMMUNICATIONS (CONTINUED) B. Presentations -None C. Correspondence -None IV. PUBLIC HEARINGS - 7:00 PM 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Separately Unless F;equested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After Tree Items Not Requiring Separate Discussion Have Been Acted Upon. A. Consideration And Approval 01f Awarding A Bid To Martin Asphalt Company, Port Neches, TX And Soil Stabilization Products Company, Inc., Merced, CA Foir The Purchase Of Street Materials - Asphalt, Oil, Emulsions And Soiil Stabilization Additives B. Consideration And Approval Of Payment To Sanofi Pasteur, Chicago, IL In The Amount Of $16,450 For The Payment Of 2,000 Doses Of Influenza Vaccine For The 2009-2010 Season C. Consideration And Approval Of Payment To Martin Asphalt, Houston, TX In The Amount Of $14,161 For The Purchase (Jf Materials Used For The 2009 City Streets Program 2 AGENDA SEPTEMBER 8, 2009 VI. CONSENT AGENDA -CONTINUED D. Consideration And Approval Of Awarding A Bid To Maverirk Communications, Beaumont, T;K In The Amount Of $18,525.56 For The Installation And Configuration Of Networking, Firewall And VPN Equipment Required To Upgrade The Network Infrastructure Within City Hall And The Annex E. Consideration And Approval Of Awarding A Bid To National Networks, LLC, Nederland, TX In The Amount Of $45,678.24 For The Installation Of Network Csabling And Connectivity Equipment Required To Upgrade The Network Infrastructure Within City Hall And The Annex F. Consideration And Approval ~Of Awarding A Bid To Ferguson Waterworks, Houston, TX In 'The Amount Of $30,784.18 For A Tapping Machine For The Water Distribution Division G. Consideration And Approval Of Payment To A&A Equipment, Beaumont, TX In The Amount Of $8,214.25 For The Purchase Of A New Hot Water Pressure Washer Unit For The Transit Department: H. Consideration And Approval 01F Awarding The Annual Contract 1'0 Southern Tire Mart, Beaumonnt, TX For An Estimated Annual Amount Of $240,000.00 Fore Tires And Tubes For All Rolling Stock Consideration And Approval Oif Payment To Louisiana Machinery, Lake Charles, LA In The Amount $44,125.61 For Repairs To TI'ie Engine Of Landfill Dozer #1517 J. Consideration And Approval Of' Payment To TAMS In The Amount Of $1,500 For Additional Emergency Support K. Expense Reports City Attorney Mark T. Sokolow: Bankruptcy Hearing - JD Manufacturing Houston, TX -August 24, 2009 $ 93.7:5 Municipal Court Judge Kermit C. Morrison: TMCEC 2009 Legislative Update Houston, TX -August 10, 2009 $250.25 AGENDA SEPTEMBER 8, 2009 VI. CONSENT AGENDA -CONTINUED Resolutions -Consent (1) P. R. No. 15452 - A Resolution Authorizing The Distribution And Collection Of The City Of Port Arthur Application For Certification As A Local Business Enterprise (LBE) (2) P. R. No. 15455 - A Resolution Calling A Public Hearing 1'0 Consider The Designation Of A Reinvestment Zone For The Downtown Area (3) P. R. No. 15463 - A Resolution Approving A Contract Between Tree City Of Port Arthur And The Port Arthur Historical Society For Thie Purpose Of Funding The Pompeiian Villa For The 2009-2010 Fiscal Year In The Amount Of $19,8'00, Account #140-1405-551.59-00, M97909 (4) P. R. No. 15464 - A Resolution Authorizing The Execution Of An Agreement To Share Operating Expenses Of Rose Hifl Between The City Of Port Arthur And The Federated Women's Club Of Part Arthur For The 2009-2010 Fiscal Year, In An Amount Not 1'0 Exceed $12,000, Accounts #140-1405-551.59.00, M97908 Arid 001-1402-551.1400 (5) P. R. No. 15466 - A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Associ<~tion Which Manages And Operates A Convention/Visitors Bureau (6) P. R. No. 15469 - A Resolution Accepting A Utilities Easement From Wal-Mart For Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur And Accepting And Authorizing 'The Execution Of An Indemnity Agreement From Live Oak Express Reality, Ltd., Brazos Contractors, Inc. And A-1 Striping And Paving Company 4 AGENDA SEPTEMBER 8, 2009 VI. CONSENT AGENDA -CONTINUED (7) P. R. No. 15472 - A Resolution Authorizing The City Manager To Enter Into A Contract With F;WL Group For Risk Management Consulting Services At The Not To Exceed Cost Of $18,000 For The 2009-2010 Fiscal Year. Funding By: General Liability Insurance Fund 612-1702-581.52-00 (8) P. R. No. 15473 - A Resolution Authorizing The City Manager l"o Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $12,843.98 Made Against Texas Municipal League Intergovernmental Risk Pool ("fML) As A Result Of The Property Damage To Aerial Ladder Fire Truck #1590 (9) P. R. No. 15475 - A Resolution Authorizing The City Of Port Arthur To Amend The Master Services Agreement With Paymentus Corporation To Include Electronic Bill Paying Services To The Municipal Court (10) P. R. No. 15476 - A Resolution Pertaining To An Award For The Purchase Of Books, Video And Audio Materials To Baker & Taylor, The Purchase Of Reference Books From Gale Group Via The Texas Buy Board And The Purchase Of Other Books From Companies Holding Exclusive C)istribution Rights To The Materials (11) P. R. No. 15477 - A Resolution Authorizing The Mayor And City Manager To Execute The First Year Of A Contract With Carla's Transport Services, Inc. Of Beaumont, Texas For The Hauling Of Materials With The Option Of Renewal For Two Additional Years With Prices Being Adjusted According To The Transportation Consumer Price Index. Funding Is Available In Various Public Works Accounts (12) P. R. No. 15478 - A Resolution Authorizing The Mayor And City Manager To Execute The First 'Year Of A Contract With Mid County Materials And Construction Of Port Arthur, Texas For The Providing Of Soils Materials With The Option Of Renewal For Two Additional Years With Prices Being Adjusted According To The Transportatian Consumer Price Index. Funding Is Available In The Parks Arid Recreation Budget AGENDA SEPTEMBER 8, 2009 VI. CONSENT AGENDA -CONTINUED (13) P. R. No. 15479 - A Resolution Authorizing The Mayor And City Manager To Execute The First Year Of A Contract With J. M. Kaufman Of Port Arthur, Texas For The Hauling Of Materials With The Option Of Renewal For Two Additional Years With Prices Being Adjusted According To The Transportation Consumer Price Index. Funding Is Available In Various Public Works Accounts (14) P. R. No. 15483 - A Resolution Authorizing Acceptance Of An Engineer's Certificate Of Completion From Stanley G. Newsome, Jr., P.E. And The Contractor's Certificate And Release And Contractor's Certificate Of Guarantee From Tri State Mechanical For The Completion Of Off-Site Public Improvements (Public Water And Sewer Systems) To SE:rve Angel Trace Phase I, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (15) P. R. No. 15484 - A Resolution Approving Amendment Two 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. 15487 - A Resolutions Authorizing The City Manager To Execute An Agreement With One Stop Construction And Restoration Of Nederland, Tex<3s For Repair And Remodel Of Fire Station No. 2 For The Amount Of $56,349.64 Funding Beirig Available In Project IKEFS2, 121-2300-901.59-00 (17) P. R. No. 15489 - A Resolution Authorizing The Mayor And City Manager To Execute A Two Year Agreement Between City Of Port Arthur And SCS Engineers O~f Bedford, Texas For Groundwater Monitoring Services For A Total Cost Of $139,355. Funding Is Available In Account No. 403-1274-533.54-00 (18) P. R. No. 15491 - A Resolution Authorizing The Mayor And City Manager To Execute An Agreement With Arceneaux & Gates Consulting Engineers, Inc. Oaf Port Arthur, Texas To Provide Engineering And Design Of A Headwall For A Sabine Pass Drainage Outfall For An Amount Not To Exceed $36,318 AGENDA SEPTEMBER 8, 2009 VI. CONSENT AGENDA -CONTINUED (19) P.R. No. 15493 - A Resolution Authorizing The Purchase Of GIS Software From ESRI, Inc., Of Redlands, CA In The Amount Of $53, 880, Account No. 001-1202-531.57-00 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15439 - A Resolution Naming The Senior Citizen/Youth Center (Requested By Mayor Prince, Mayor Pro-Tem Segler, And Councilmember Albright) (2) P. R. No. 15458 - A Resolution Designating The Downtown District As The Renaissance District (Requested By Mayor Prince) (3) P. R. No. 15459 - A Resolution As It Pertains To The Permit Application Of Min Transcontinental, Inc., For A Metal Recycling Facility (4) P. R. No. 15461 - A Resolution As It Pertains To Incentive Programs For Hotels (Requested By Councilmembers Flood, Chatman And Beard) (5) P. R. No. 15462 - A Resolution Pertaining To The Nomination For The Board Of Directors Of The Jefferson County Appraisal District (6) P. R. No. 15467 - A Resolutionn Authorizing The City Manager l~o Execute An Indemnity And Hold Harmless Agreement ("Agreement") (Attachments 1,. 2, 3, 4 And 5) With The Texas Department Of Housing And Community Affairs (TDHCA) For The Completion Of Reconstruction tJf Homes That Were Identified With Substantial Damage Caused By Hurricane Rita. The Program Will Be Administered By The State Of Texas CDBG Disaster Recovery Program AGENDA SEPTEMBER 8, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (7) P. R. No. 15468 - A Resolution Approving A Performance Bond For Angel Trace Subdivision For Phase I (8) P. R. No. 15470 - A Resolution Authorizing The City manager To Execute An Amendment No. 2 To The Sales Tax Refund Agreement With Port Arthur Holdings, III, Ltd. For A Retail Center Development (9) P. R. No. 15474 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (10) P. R. No. 15480 - A Resolution As It Pertains To Purchasing Property From Bayou Dock Ltd At A Cost Of $28,000, Plus Closing Costs (Account No. 301-1601-591.54-00. Project No. GO-803) (11) P. R. No. 15488 - A Resolution As It Pertains To Operation Crack- Down B. Ordinances (1) P. O. No. 6024 - An OrdinancE~ Adopting A Tax Rate For The Tax Year 2009 (Fiscal Year October 1, 2009 -September 30, 2010) (2) P. O. No. 6025 - An OrdinancE~ Approving The 2009 Tax Roll For The Use And Support Of The Municipal Government Of The City Of Port Arthur; And Providing For The Interest And Sinking Fund And Apportioning Each Levy For A Specific Purpose (3) P. O. No. 6027 - An Ordinance Amending Section 2-282 Of The Code Of Ordinances As It Peri:ains To Payment And Performance Bonds (4) P. O. No. 6029 - An Appropriation Ordinance Adopting A Budget For The Ensuing Fiscal Year Beginning October 1, 2009 And Ending September 30, 2010, Ins Accordance With Section 7, Article XII Of The Charter Of The City Of Port Arthur s AGENDA SEPTEMBER 8, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (5) P. O. No. 6030 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2008 And Ending September 30, 2009 (6) P. O. No. 6031 - An OrdinancE; As It Pertains To House Bill 2113 And September 11tH (7) P. O. No. 6032 - An Ordinance Amending Ordinance No. 09-58 As To The Sale Of Surplus Assorted Furniture/Minor Equipment, Vehicles, Equipment, Or Heavy Equipment For The City Of Part Arthur At A Public Online Auction (8) P. O. No. 6034 - An Ordinance Amending Section 18-32 Of The Code Of Ordinances Of The City Of Port Arthur, As To Provide Certain Amendments Thereto Pertaining To Permits Fees; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; And Providing For Ain Effective Date (9) P. O. No. 6035 - An Appropriation Ordinance Approving And Adopting A Budget For The City Of Port Arthur Section 4A Economic Development Corporation For The Ensuring Fiscal Year Beginning October 1, 2009 Aind Ending September 30, 2010 In Accordance With Section 12.03 Of The Bylaws Of The Corporation C. *Reports And Recommendations None *The City Council Can Act On Any Of The Above Reports Arid Recommendations As To Accf~pt The Report/Recommendation Or To Request Additional Information And Records VIII. REPORTS OF BOARDS & COMMITTEES -None 9 AGENDA SEPTEMBER 8, 2009 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 X. ADJOURNMENT OF MEETING ****** tk tk**tk*** tk tk*tktk***************'k******* *****'k*******************************************tk NOTE: If Evening Meeting Extends Fast 11:59PM, The City Council May Elect To Recess The Meeting And Rf;convene At 8:30AM On September 9, 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 Tlhe Open Meetings Law ****************tk*tF**tF**************tk**********~k*************1k**********************'k******* 1~ t~iULES OF DECORUM :- pE~pryS ADDRESSING COI~NCtL 8~ AUDIENCE MEMBERS .L ~~ ~~lny OAycaer. No Person shall'addrass the Couedl without first bdtrts ncogetlzad the t - ~P' P-+eaedteny Ltmltadoa on by up ~o the and questlonlrtg. Each poison addeessing the fouadF shag slap voice fat theM Provided fbr tl~a use of tlu pubik and 9~ lids aama and address la an aadiWe bone at t+aooEds, slatethat wt~jeet ha wishes bn !'~'asaRts an o~'ga~an or otlhe pwson; and antes ~arthee tM~ad~ ~ssdtte whom•ha Ts e~spramntin9 i< hi ~i'lazbQ five C, r~ ~~. M ttimarlo sled{ bf 9~~ ~ ~°~ ~ ~ lhs CagnoE,, shad >~t his thanot. tVo pe~see other thaa a+sn~baes of ~!a+ead ed tla: Eouncd- s: a whole aad'not tNa any. member enbr lobo a~ ~ ate. tita:pe~sar _ the abotshad bs peeet+itbed.bo atlfaec. °r a ~ndamC ~! ~ CouncA, wltsiiaiit tlrt.p of the ~ rp ltirsori Aar ~ ~ Pam or a0"~°ses• tel: ~ the ~anvaa ~ • O0°~ tfia atdae h9- the ! Ollfoer, and ll? saeh oonduet cow,ei auehp td* ottl~, ba a+desed Fred from fiertl~er Ica ~betoee Cher ~ ~~ ~ °r'' ~! C1be~rL.11A~ee a ast>a~ his. been anda ar a public belting ~ has ~ tie shad addles the Couad .tirom the audieaoa m. the ~ uncles' ~, ~ s~9- be d4 ao b'1/ .y ~ of the City Coandt. ~s ~ ~~~a^at uo per:o,~s r~ ba ado~w~.d ev addles the atY era.~cd by m~ ~ly,+ already a+dered oa a badoR~tbe elecllon. wltO has aaaoeaiaed oe does anrtaenos his iabeabion to emy oe due 6' ~ ~ P~4a ~ the aud~OS shall stampieg of f °0tR °~ ~9 p~'ola~±a la e ~ dboedatty aond~E snch as hand dapping, disturbs the paaas and 9aod o~ec of the meeti~ per Ong' and siri~ilac which conduct 7. Lbrdlybrahs ar- ~ otSwppjr ~~¢ ~ on use of su . ntotlon picture ameras ~ ppl dghtlrty toe•-t~elarlslon and and/oc crate the least amount a! intwtetence witl~ o' distur6anae of Catndl p~+oeead'u~gs discomfort bo tfia puWla 8 aPa~ovw ~9 ~ ~eg'atlo~ur o~ GlargeY Agtlost ladhadr~s/ nY eanplaint; =pedflc allegatlort, or ~hacge against an -individual ~ Ems' No petsou shad make r~rtlms >it.![ist shows that he has'pumued appcoPriate adminlstFalive~dta~mnndl-s~° ~ name ~ tt. pubdc meeting ENFORCEfWENT OF DECORUlH tVarrtli~. Ad parsons shag at the ragwrt ~ the P Rar~wvaG If, alter eraelvtng a wae~in9 h'4m the P ' 6a silent. ttl'Rea~ may order him bo e~emaw himself from the m~~~~ ~per:on Pa~ ~i~ ~ s+na~ing. such order the Sergeant-amarn~s bo reunova him. ~ ding Olflcec may- peal lroda 42.E5.~ ~ won ~o ~ ~''0~l by ti+e Sergeant-atLarms shat) be chaeyed vsdfi violating Y.T.C.A, PfoA'oas To Eirl~vraei. Any Coundtmembec may move bo require the Presiding OfRcec bo enforce this division, and the alllrmative vote of a majority at the Coundl shsil require him. ba do so. RULES OF~PROCE~lU.RE bust ~ ~ry shall make public, in accordance with the Texas ®pen Meetings'law, an agenda eorttainirtg ail discussed at a mooting of the City Coundi. nay 'matter •max•`do so {l j Residents. Arty, restdeert who wishes to addran the Council on ~.. nati~rt9 the 'City Secretary M accordance wcith the ~ Texas Cpan Meatia9s ' Laanr. (2j ltonrosidertts. Ilny nonresident -wishing to address the C~undl shalt notify the city Secretary and spedty his ie~terest !n the anatter being considered. The City Secretary shall present such request ~ the Presiding Otllcec.toe approval ttefara pladng the name on the Agenda. ~ . she ,aenda t M Alter a motion, second and ddaeussioa by the City Caundt on any spadtic agenda lbem, ar~d 'beforo a votq is taken, the Presidi t3fricer shall reso size a dozen in the audience wishing ~ address•the coundl on audt Item, who shall ba permlt4xd to address the Coundl the~ie°A for a period at three (3j minutes. `5pedflc Agenda ;ems" ors dettned as any item spedfled ort the Notice of Mdeting posted for purposes at the Texas flpart Meetings Law and whirls becomes the subject of a motion before the Caundl.