HomeMy WebLinkAbout09-22-09 REGULAR MEETINGDELORIS "BOBBIE" PRINCE;, MAYOR
ELIZABETH "LIZ" SEGLER, MAYOR PRO-TEM
COUNCIL MEMBERS
JACK CHATMAN, JR.
MORRIS ALBRIGHT. II[
MARTIN FLOOD
.IOHN BEARD, .IR.
ROBERT E. WILLIAMSON
D. KAY WISE
THOMAS J. HENDERSON
City Of
ort Qrthu
I
Texas
AGENDA
City Council
Regular Meeting
September 22, 2009
5:30 p.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
September 22, 2009
5:30PM
PLEASE TURN OFF OR MUTEALL CELL PHONES
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
Mini itac
September 8, 2009 -Special Meeting
September 8, 2009 -Special/Executive Meeting
III. PETITIONS & COMMUNICATIONS
A. Speakers -None
B. Presentations
(1) Employee And Retiree Health Insurance Plan Renewal By Albert
Thigpen and Pat Davis
AGENDA
SEPTEMBER 22, 2009
III. PETITIONS & COMMUNICATIONS -CONTINUED
B. Presentations -Continued
(2) Presentation Regarding City Of Port Arthur's $15,080,000 Grant -
American Recovery And Reinvestment Act (ARRA) For Sewer
System Improvements (Requested By City Manager)
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:
Racnli -tinn
P. R. No. 15452 - A Resolution Authorizing The Distribution And Collection
Of The City Of Port Arthur Application For Certification As A Port Arthur
Business Enterprise (PABE)
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. 6029 - An Appropriation Ordinance Adopting A Budget
For The Ensuing Fiscal Year Beginning October 1, 2009 And
Ending September 30, 2010, In Accordance With Section 7, Article
XII Of The Charter Of The City Of Port Arthur
2
AGENDA
SEPTEMBER 22, 2009
V. UNFINISHED BUSINESS -CONTINUED
Ordinances
(4) 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 Ensuing Fiscal Year
Beginning October 1, 2009 And Ending September 30, 2010 In
Accordance With Section 12.03 Of The Bylaws Of The Corporation
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 Dell Marketing, L.P.,
Dallas, TX In The Amount Of $24,249.45 (Reimbursed Through The
2007 LETPP Grant) For The Purchase Of Thirteen Laptop
Computers And Twelve Portable Printers For The Police
Department
B. Consideration And Approval Of Payment To Library Design
Systems, Houston, TX In The Amount Of $6,239 For The Purchase
Of Audio-Visual Shelving For The Library
C. Consideration And Approval Of Payment For The City's Pro-Rata
Share Of The 2009-2010 Jefferson County Appraisal District
Funding Allocation In The Total Amount Of $174,113.29 (Four
Equal Payments Of $43,528.32
D. Consideration And Approval Of Payment For The City's Pro Rata
Share Of The 2009-2010 Orange County Appraisal District Funding
Allocation In The Total Amount Of $14,266 (Four Equal Payments
Of $3,566.50)
AGENDA
SEPTEMBER 22, 2009
VI. CONSENT AGENDA -CONTINUED
E. Consideration And Approval Of Payment To Computer Information
Systems, Inc., Skokie, IL In The Amount Of $7,200 For The Annual
License Renewal Fee For Maintenance On The Police Department
Computer Aided Dispatch (CAD) System
F. Consideration And Approval Of Payment To Zoll Medical
Corporation In The Amount Of $12,375 For AOne-Year Extended
Warranty And Preventive Maintenance Contract For The Fire
Department's 10 Zoll M Series Defibrillators
G. Consideration And Approval Of Payment To Louisiana Machinery,
Lake Charles, LA In The Amount $9,698.64 For Repairs To The
Frame Equalizer On landfill Dozer #1517
H. Consideration And Approval Of Payment To Philpott Ford of
Nederland, TX In The Amount $8,112.47 For Repairs To Pick-up
Truck #1504
Consideration And Approval Of Payment To Derrick Oil & Supply,
Inc., Port Arthur, TX In The Amount Of $5,781.58 For Diesel
Purchased For The City's Landfill Use
J. Consideration And Approval Of Awarding A Bid To Contract
Resource Group, Houston, TX In The Amount Of $23,470.03 For
The Purchase Of Furniture For The Library
K. Consideration And Approval Of The Purchase Of One (1) Toshiba
Model E-Studio 455 Copier From Buyboard In The Amount Of
$5,992.33 For The City Secretary's Office
L. Consideration And Approval Of Payment To Horiba Medical, Inc. of
Irvine, CA, In The Amount Of $6,620 For The Annual Maintenance
Agreement For The Horiba Hematology Instrument
M. Consideration And Approval Of Payment To `The Shop', Port
Arthur, TX In The Amount $13,841.56 For Engine Repairs To a
2007 D7-R Caterpillar Dozer (Equipment #1628)
AGENDA
SEPTEMBER 22, 2009
VI. CONSENT AGENDA -CONTINUED
Resolutions -Consent
(1) P. R. No. 15436 - A Resolution Approving Third Amendment To
Economic Incentive Contract And Loan Agreement Between The
City Of Port Arthur Section 4A Economic Development Corporation
And Reliable Polymer Services, L.P.
(2) P. R. No. 15485 - A Resolution Authorizing The Execution Of An
Agreement For Independent Professional Services Between The
City Of Port Arthur And William D George, MD And Re-Appointment
As The City's Health Authority For The Health And Fire
Departments Pursuant To Section 121.023 Of The Texas Health
And Safety Code
(3) P. R. No. 15486 - A Resolution Authorizing The City Manager To
Execute The Certificate Of Substantial Completion And Release
The Retainage In The Amount Of $149,554.40 For The Contract
Between The City Of Port Arthur And The Trevino Group Of
Houston, Texas For Construction Of The New Fire Station #6 At
4448 9t" Avenue. Funding Being Available In Account No. Project
GO-804, 301-1601-591.82-00
(4) P. R. No. 15490 - A Resolution As It Pertains To The Disposition Of
Equipment Obtained Via The Port Arthur Weed And Seed Initiative
(5) P. R. No. 15495 - A Resolution Authorizing A Consulting Contract
For The Services Of Gallagher Benefit Services, Inc. Related To
The City's Other Post Employment Benefit (OPEB), Retiree Health
Insurance Plan
(6) P. R. No. 15496 - A Resolution Authorizing The City Manager To
Do All Things Necessary To Execute The Settlement Of A Claim In
The Amount Of $126,833.52 Made Against Texas Municipal
League Intergovernmental Risk Pool (TML) As A Result Of The
Property Damage To City Bus #1577
AGENDA
SEPTEMBER 22, 2009
VI. CONSENT AGENDA -CONTINUED
(7) P. R. No. 15500 - A Resolution Terminating The Contract With
Gordon's Lawn Service For Grass Cutting Services Of Privately-
Owned And City-Owned Vacant Lots In An Area Of The City
Designated As Area B
(8) P. R. No. 15501 - A Resolution Authorizing The Execution Of
Contracts Between The City Of Port Arthur And Non-Profit Service
Organizations Pursuant To The Homelessness Prevention And
Rapid Re-Housing Program Grant In The Amount Of $564,089.
Funding Will Be Allocated To The Following Organizations:
$103,393 To South East Texas Regional Planning Commission
$243,607 To The Salvation Army Of Port Arthur, $93,885 To
Catholic Charities Of Southeast Texas, $95,000 To Ellis Hospitality
Center; $28,204 Allocated To The City Of Port Arthur For Grant
Administration
(9) P. R. No. 15503 - A Resolution Calling For A Public Hearing To
Consider Granting A Specific Use Permit To Min Transcontinental,
Inc., For The Operation Of A Metal Recycling Facility, Located At
8660 South 1St Avenue, AKA Tract 7, BLK 159 Wm King (2.765
Acres) And Tract 8, BLK 159 WM King (0.544 Acres).
(10) P. R. No. 15504 - A Resolution Authorizing/Designating The Mardi
Gras Entertainment Area For 2010, For Mardi Gras Of Southeast
Texas, Inc. As Exclusive Concessionaire And Authorizing The City
Manager To Execute An Agreement With Them
(11) P. R. No. 15505 - A Resolution
Execute Renewal Contracts Bet
(Administrative Services Only) F
Medical, Dental Insurance; For
Death And Dismemberment, Anc
Cross And Blue Shield Of Texas,
Authorizing The City Manager To
veen Its Third Party Administrator
or The City Of Port Arthur Group
Basic Life, For Basic Accidental
Excess Loss Indemnity With Blue
Inc.
AGENDA
SEPTEMBER 22, 2009
VI. CONSENT AGENDA -CONTINUED
(12) P. R. No. 15507 - A Resolution Approving An Affiliation Agreement
Between The City Of Port Arthur Health Department And Lamar
University, Beaumont, Texas, For The Use Of Community-Based
Clinical Facilities For The Education Of Nursing Students
(13) P. R. No. 15508 - A Resolution Approving A Contract Between The
City Of Port Arthur And The Department Of State Health Services
For The CPS-Bioterrorism Preparedness Program In The Amount
Of $56,012
(14) P. R. No. 15511 - A Resolution Authorizing The City Manger To
Negotiate A 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
(15) P. R. No. 15512 - A Resolution Adopting An Energy Efficiency And
Conservation Strategy For The City Of Port Arthur To Promote
Responsible Use Of Electricity And Other Energy Resources
(16) P. R. No. 15515 - A Resolution Authorizing The Execution Of An
Agreement For Independent Professional Services Between The
City Of Port Arthur And Lloyd R. Haggard For The Provision Of
Consultation Services For The City's Laboratory
(17) P. R No. 15516 - A Resolution Authorizing The Execution Of An
Agreement For Independent Professional Services Between The
City Of Port Arthur And Kirk Matthew Vital, R. PH, To Act As The
City's Pharmacist-In-Charge For The Health Department
(18) P. R. No. 15517 - A Resolution Authorizing The Execution Of A
Contract Between The City Of Port Arthur And Rose E. Quirante,
R.D., For The Provision Of Dietary Consultation Services For The
Women, Infants And Children (WIC) Program
(19) P. R. No. 15518 - A Resolution Authorizing The Mayor And City
Manager To Execute An Agreement Between City Of Port Arthur
And SCS Engineers Of Bedford, Texas For Installation Of Four
Groundwater Monitoring Wells And One Gas Probe For A Total
Cost Of $33,100. Funding Is Available In Account No. 403-1274-
533.54-00
AGENDA
SEPTEMBER 22, 2009
VI. CONSENT AGENDA -CONTINUED
(20) P. R. No. 15519 - A Resolution Authorizing A Contract For The
Services Of J. R. Edwards And Associates, LLC, Certified Public
Accountants, As Independent Auditors For The City Of Port Arthur
For The Year Ending September 30, 2009
(21) P. R. No. 15520 - A Resolution As It Pertains To The Developer
Participation Contract With Oakmont Properties, Inc. And Stone
Creek Apartments, Ltd. And The City's 29% Participation In The
Anchor Drive Extension
(22) P. R. No. 15521 - A Resolution Expressing Intent To Finance
Expenditures To Be Incurred As It Pertains To Bonds Authorized By
The Voters In 2007 For The Acquisition, Renovation, Construction
And Improvements Of City Parks And Recreational Facilities, And
To Be Issued
(23) P. R. No. 15522 - A Resolution Approving The Payment Of $12,380
By The City Of Port Arthur Section 4A Economic Development
Corporation To The Institute For Life Coping Skill, Inc. For Training
Materials And Supplies
(24) P. R. No. 15523 - a Resolution Authorizing The City Manager To
Execute An Industrial District Agreement With Praxair, Inc. For
2010
(25) P. R. No. 15524 - A Resolution As It Pertains To Terminating The
Lease For The Department Club Building Located At 1924
Lakeshore Drive
(26) P. R. No. 15525 - A Resolution As It Pertains To The Landscape
Architecture Design Agreement Between The City Of Port Arthur
Section 4A Economic Development Corporation And Rice
University School Of Architecture
(27) P. R. No. 15526 - A Resolution Approving A Contract Between The
City Of Port Arthur And The Texas Artists Museum (TAMS) For The
Purpose Of Funding The Museum Located At 3501 Cultural Center
Drive For The 2009-2010 Fiscal Year In The Amount Of $5,000,
Account #140-1405-551.59-00, M10101
AGENDA
SEPTEMBER 22, 2009
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
(1) P. R. No. 15494 - A Resolution Setting Public Hearings As To
Review The Service Plans For The Annexation Of The Properties
Of Chevron USA, Oxbow Calcining, LLC And Praxair And The
Necessary Adjacent Land And to Receive Comments From The
Public On Proposed Annexations
(2) P. R. No. 15506 - A Resolution Appointing A Lay Representative
And An Alternate Lay Representative To The Houston Area Library
System
B. Ordinances
(1) P. O. No. 6036 - An Ordinance Adding Section 30-6 To The Code Of
Ordinances To Establish A Municipal Court Building Security Fund;
Providing For A Severance And Savings Clause, Publication, And An
Effective Date
(2) P. O. No. 6038 - An Ordinance As It Pertains To Compensation And
Benefits For The Mayor And Councilmembers
C. *Reports And Recommendations
(1) Update On Downtown Revitalization
(2) Update On Recovery Hurricane Ike and Stimulus Projects
*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
9
AGENDA
SEPTEMBER 22, 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
********************************************************************************************
NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May
Elect To Recess The Meeting And Reconvene At 8:30AM On September
23, 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
io
~'iULES OF DECORUM ~ PERSONS gppRE~~NG COl3NCIL ~ AUpIENCE MEMBERS
.~ Presf~ding ~i~ Oar. No peesoes shaQ'addtess the Coueedi without Aest Ming e~aeogaized by the
Z h+e+Qed~ Lhait:ttoa oa seed
up ~o the tea ~~~ ~ toemeii shalt step
"~'oP~ne provideet fbr the use of tier qumtloaing Eaeh
volem for the eeooebs, state ~ he wbtw and ghra his same and aeidre>s is as audible tune of
~9'+~ae or other person; seed antes ,fiats whom•he Ys rapraesthq iE iM b as
rse~eaeieeetb >tMo ~eethsta.ts- ti7 su~oclly yatei of!!w CeeeneeA,~sbad thAtt hts
(gj a+Mee~a, iy(e,saarlo shag ~ ~rssad ~ flee: Eouadl~ m a ~rleo[~ and pot to aay aeaeeber
thar~ No prison otheer t~ o f llm tbua~ aad: ~.
mater ia6a aay. whetl~st paesater ~larvlag tdee lbae.ahall IM paeeieitted .yo
~ OA'iaar. _ ~'!~Ya' mt'~lih a a+emt>-art'o! ~ Counat4 iulrleaiei! tl~.penniis~ of yte
hap~i/, peis-~ ~'~s°'a Aef ~ ~ : ~. y or
~: ~. mar , disooueeeous; ~- or ~orani-snmrics ar who
msti.~ uee - err aeegagees, to aay dtsoedetiy eaoedue~ which wadd
,~~ ~ - tlw aed~ gt th. lra~d~ig oA1ar, ead ~ soch ao~oa
prWdieeg Oltioer, 6e adseed tamed tleoant !oelher aa~oa ieelroer the
d. M1erl~~R ~ arltahtie/lfeari~j C~sd-Qlher a aeotbn ha:6aan aeaide or a public haaehg-has
~i afamher of the peeve shall ~~ the Camel .1Mom 8~a audianoa m. the maC6er wader
~ ~o~ ~ ~9-pe17nis.toa bs ea so lrr i~ortijr uo,ea of th. ally eoaneH.
h'+~d Ns paesoas eerlt iw allowed bo adderas the ally Caee~fl d11 anaidng eaee~iiga
speeder: the or against ~ eaadidate who has aaaoeaiond oc doss aeueoweaa his iaheatios m tmy ere ksua
already adae+ed oa a tse~IloR 1br election.
~ ~ Pin peestla to the aeedieeeo~ shag engage ~ dl~{y eaoeedeee* suds a: head daPP!~~
dtsder6s the ~` wag' mdeeg Pine laee~e, ~. need . eiemoeestratioas, whirls coaduet
paaoe seed good oe+der at the aseetiag.
7. L~il~o~ an Glm ofSwpp~mu~/r ~ I~esNatlons on use of su
motloa idxene ppiaeesetstat ~6da9 for' ~tielairision and
p ameras bo es~eatis the ie>st aseouat of laterlarenoe: with a' dish+cbaaae erf Couadl pe+oaeedings
and/or ~ ~ .p~~
!R. Rers~avrs Hawdirg- Caiidpe'i/~L~ ~ ~~ ~~! tirdlvlbfira/ fm No
~~ eu
eery aoseplaint, speeillc a ~ Pte- Pd'~a shall make
rimless 6eltist shows tliat~~ pu~~~e a9a~t an-tedividua! a~jf.EaaPiayee by same in a.pubpe tneedng
PFK'oP~tis aelmiints~a~ecs dweeesals
El~FOttCEMENT OF DECORUM
[N~eebry.llq parsecs shesil at the regetast o! tla teeeddins Of'llcee; 6e stlae~t:
Reeeaovs6 If, atEer reeeiviag a warring tins the Presidng t~~.. a tea P~ in dZsturbiag Asa meedag, such
EkRexe' may order him'!n amour himself from the meedag. If ha does esot remove hieesself, the
order the Sergeant-ataaems do (~ PeesidiA9 OfHe~ may.
p~ Coda ~~ ~ ~~ who asiets rensoval by the Sae9petat-ae~ms shall be ehacged valth violating Y.T.C.l1,
Kalilarns To frrlbraei. Any Coundfeseeeetsar,~„y essove to require the Peesidtesg Otete~ec to enfOraa this d~ion, and the
attlrmative vote of a majorlly of the Caendt shsg ro hies ~ do so.
RULES OF PROCEDl~.R.E
Zhe t'~ty Secetary shalt eaalee Pubpc, in accordance with thn Texas Open Maetteegs'Law, an agenda eaontaining ail
hustnass to be diseeessed at a necetiing of tho L~ty Couadi.
Dens Reaues#Ind~ Ta ~`~i /y~~ a,. ,,,~,.,+ .,~ ~Sy Residents. An readdeeet who wishes to address the Council on
atey matter ~eesa~t~tio so ~bY notit~ing the ~C3ty Seecetary in aaeordyanve rtclth the- Ts~as Cpan Maetieags 'Laaw. (2)
Poneesidenb. liley nonresident -wishigg to addrma ~e wadi shalt notify the Clty secratacy earl sPedf~ his l~teeest 1n
the matter baie~g considered. The t.lty Secretary shag parent melt request to the thbstdiag Otlieae.looi• approval bef®ro
pladng the name on the ~eada~. ~ .
die ~senda Iten.~ ~r a emotion, second and disenssioeE 511 the City Caundl an eery spedt'ie agenda peen, send
'before a votei 1= ttken, the Presidieeg Of'!leer shalt recognize eery citizen in the audience isrishiag ~ address-the council
on such peen, who shall be permitted ~ address the Coetndl thereon !or a period o! three (3j minutes. "Spedfle Agenda
Items" era defined as eery Item spadtied on the Nodce of Maeting posted for purposes o! the Texas flpan Meetings Law
and which becomes the :ub~act of a motion before the Coeendt.