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HomeMy WebLinkAboutOCTOBER 6, 2009 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO-TEM COUNCIL MEMBERS: JACK CHATMAN, JR. MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J.HENDERSON City of ort~rthu Texas AGENDA City Council Regular Meeting October 6, 2009 8:30 a.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 PORTARTHUR, TEXAS 77641-1089 409/983-8115 FAX 409/983-829] City Council Meeting City Hall Council Chamber City Of Port Arthur October 6, 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 September 08, 2009 Regular Meeting September 22, 2009 Special Executive Meeting III. PETITIONS & COMMUNICATIONS A. Speakers -None B. Presentations -None C. Correspondence -None AGENDA OCTOBER 6, 2009 IV. PUBLIC HEARINGS - 9:00 AM (1) To Consider Whether Or Not To Create A Reinvestment Zone For The Downtown Area (2) To Consider Granting A Specific Use Permit For A Metal Recycling Facility. 8660 South First Avenue, Tract 7, Lot 7, 159 WM King 2.765 & Tract 8, 159 WM King, Seafood Enterprise, Inc., Sabine Pass, Jefferson County, Texas. Z09-07 (SUP #210) Applicant: MIN Transcontinental, Inc. 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. 15452 - A Resolution Authorizing The Distribution And Collection Of The City Of Port Arthur Application For Certification As A Port Arthur Business Enterprise (PABE) 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 The Purchase Of Two Heavy Utility Trucks From H-GAC (Through Philpott Motor Company, Nederland, TX) In The Amount Of $78,770.24 For The Utility Operations Department (Water Administration Division) B. Consideration And Approval Of Payment To Grayson Armature, Orange, TX In The Amount Of $22,851.49 For Repairs To A Vertical 75HP Motor And A 300HP Motor For The Utility Operations Department (Wastewater Conveyance Division) AGENDA OCTOBER 6, 2009 VI. CONSENT AGENDA -CONTINUED C. Consideration And Approval Of Payment To Rural Pipe & Supply, Jasper, TX In The Amount Of $8,595 For The Purchase Of A 12" Level Control Valve For The Utility Operations Department (Water Distribution Division) D. Consideration And Approval Of Payment To Triangle Waste Solutions, L.P., In The Amount Of $11,177 For The Rental Of Portable Toilets Used In The Sabine Pass Area Following Hurricane Ike E. Consideration And Approval Of Payment To Dallas Dodge, Dallas, TX (Through HGAC) In The Amount Of $186,522 For The Purchase Of Three Police Vehicles F. Consideration And Approval Of The Purchase Of One (1) Panasonic Toughbook Laptop And Three (3) Badger Trimble Ranger Handheld From Rural Pipe & Supply, Jasper, Texas In The Amount Of $26,366.00 For The Water Utility Department G. Expense Reports Mayor Deloris "Bobbie" Prince: Use Of Personal Auto For City Business Months Of August & September, 2009 $107.80 Resolutions -Consent (1) P. R. No. 15465 - A Resolution Approving A Contract Between The City Of Port Arthur, Lamar State College-Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2009-2010 Fiscal Year In The Amount Of $144,336, Account #140-1405-557.59-00, M97904 (2) P. R. No. 15471 - A Resolution Authorizing The Execution Of An Encroachment Agreement Between The City Of Port Arthur And TOTAL Petrochemicals USA, Inc. Pertaining To A Public Right-Of- Way Whereupon A Private Sanitary Sewer Line Was Constructed Along Locust Avenue Between Laurel Street And Terrell Street, In Fairlea Addition In The City Of Port Arthur AGENDA OCTOBER 6, 2009 VI. CONSENT AGENDA -CONTINUED (3) P. R. No. 15513 - A Resolution Authorizing A Consulting Contract For The Services Of A. R. Panzera, CIMC, Benefit Plan Consultant Related To The City's Other Post Employment Benefit (OPEB) (4) P. R. No. 15514 - A Resolution Authorizing The Execution Of A CDBG Contract In The Amount Of $7,500.00 Between The Port Arthur Neighborhood Action Council And The City Of Port Arthur To Provide Neighborhood Security Through The Use Of Neighborhood Action Groups, Primarily In Low To Moderate Income Neighborhoods (5) P. R. No. 15531 - A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For The Texas Point National Wildlife Refuge For The Operation Of A Radio Tower, Located At 7950 South Gulfway Drive, A.K.A. 5 Acres Out Of 61.50 Acre-Tract 178, A-167 John McGaffey Survey (Lies 4 Miles In The Southwest Sector From The 4 Way Stop In Sabine Pass), Port Arthur, Jefferson County, Texas (6) P. R. No. 15533 - A Resolution Authorizing The City Manager, Fire Chief, And Police Chief To Apply For Round 8 Of The 2008 Port Security Grant (7) P. R. No. 15535 - A Resolution Authorizing The City Manager To Enter Into An Agreement Between The City Of Port Arthur And DynaSource, Inc. To Review And Make Recommendations On The City's Records Management Program For An Amount Not To Exceed $6,000 (8) P. R. No. 15538 - A Resolution As It Pertains To A Payment In The Amount Of $6,170.30 To Stonewater, Inc., For 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 117-1404-621.59-00 4 AGENDA OCTOBER 6, 2009 VI. CONSENT AGENDA -CONTINUED (9) P. R. No. 15539 - A Resolution Authorizing Additional Services For The Contract Approved June 2, 2009 Between The City Of Port Arthur And Arceneaux & Gates Consulting Engineers, Inc. Of Port Arthur, Texas For Professional Services Related To The TWDB CWSRF (ARRA) Grant Increasing The Budget For This Engineering Service By $56,500 To A Total Of $421,500. Account 426-1625-532.54-00, Project 426016 (10) P. R. No. 15540 - A Resolution Authorizing The City Of Port Arthur To Enter Into Contract With The Texas Department Of Housing And Community Affairs (TDHCA) For The Implementation Of The Neighborhood Stabilization Program (NSP) In The Amount Of $2,322,948 (11) P. R. No. 15541 - A Resolution Authorizing Acceptance Of An Advance Payment Of $200,000.00 For Hurricane Ike Related Windstorm Damages From The City's Windstorm Insurance Carrier (McGriff, Seibels & Williams) (12) P. R. No. 15543 - 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 Number RITA04 (13) P. R. No. 15547 - A Resolution Authorizing The City Manager To Execute An Indemnity And Hold Harmless Agreement ("Agreement") With The Texas Department Of Housing And Community Affairs (TDHCA) For The Completion Of Reconstruction Of 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 (14) P. R. No. 15549 - A Resolution Authorizing The City Of Port Arthur To Support A Comprehensive Selective Traffic Enforcement Grant (S.T.E.P.) In The Amount Of $48,971.93 With a Cash Match By The City Of Port Arthur In The Amount Of $7,629.26 (Account No. 001- 1101-521.92-00) AGENDA OCTOBER 6, 2009 VI. CONSENT AGENDA -CONTINUED (15) P. R. No. 15550 - A Resolution Authorizing A Consulting Contract For The Services Of Strasburger And Price, LLP, Attorney's At Law, As Consultants Related To The City's Retiree Health Insurance Plan (16) P. R. No. 15556 - A Resolution Authorizing The Execution Of A Contract For Professional/Technical Services Between The City Of Port Arthur And Soutex Surveyors, Inc. Acting Through Anthony Leger, Vice-President, For Certain Professional And Technical Engineering Services In The Amount Of $42,500. Engineering Account No. 001-1202-531.54-00 (17) P. R. No. 15557 - A Resolution Authorizing The Mayor To Execute A Department Of The Army License Agreement For The Continued Operation And Maintenance Of A 16-Inch Water Line Beneath The Port Arthur Canal VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15306 - A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation's Policies And Procedures For Incentive Contracts And Repealing Resolution No. 03-307 (2) P. R. No. 15530 - A Resolution Approving Funding Of An Additional $7,000 To The Southeast Texas Economic Development Foundation (SETEDF) For The Assistance Of The Regional Economic Development Initiative (REDI) To Coordinate The Regional Economic Development Efforts For The Region Of Hardin, Jefferson And Orange Counties (3) P. R. No. 15534 - A Resolution Pertaining To The Nomination For The Board Of Directors Of The Orange County Appraisal District (4) P. R. No. 15537 - A Resolution Pertaining To Germer Gertz, L.L.P. Acting As The Legal Counsel For The City Of Port Arthur Section 4A Economic Development Corporation 6 AGENDA OCTOBER 6, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (5) P. R. No. 15545 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Submit An Application To The U. S. Department Of Labor, Employment And Training Administration For Pathways Out Of Poverty Grant Funding (6) P. R. No. 15548 - A Resolution Amending The Agreement Between The City Of Port Arthur And Carl Parker (Requested By Mayor Prince) Account No. 001-1003-512.59-00, Project No. M97913 (7) P. R No. 15551 - A Resolution Authorizing A Contract With EMR, Incorporated For A Drainage Evaluation Study In An Amount Not To Exceed $4,000 In Regards To Possible FEMA Reimbursable Debris Removal From Hurricane Ike, Account 001-1204-531.54-00 (8) P. R. No. 15553 - A Resolution As It Pertains To Incentive Programs For Hotels (Requested By Councilmembers Flood, Beard And Chatman) (9) P. R. No. 15554 - A Resolution Approving The Payment Of The Final Retainage To Trevino Group. Account No. Project GO-804, 301-1601-591.82-00 (10) P. R. No. 15558 - A Resolution Approving An Agreement With Digital Workforce Academy B. Ordinances (1) P. O. No. 6039 - An Ordinance Pertaining To The Appointment Of An Acting City Attorney And For Providing Transition Thereon AGENDA OCTOBER 6, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (2) P. O. No. 6040 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Specific Use Permit For Min Transcontinental, Inc. Recycling Facility To Operate At 8660 South 1St Avenue By (Jetty Road) And The Sabine Neches Ship Channel. The Legal Description Of The Property Is Tract 7 And Tract 8 Of The WM King Survey, A-300159, Approximately 3.311 Acres, City Of Port Arthur, Jefferson County, Texas; Violation Of This Ordinance (Or The Zoning Ordinance Of The City Of Port Arthur) Is Punishable As Provided In Section 1-13 Of The City Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars; Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After The Publication Date. Z09-07 - (SUP 210) MIN Transcontinental Recycling Facility On About 3.11 Acres Out Of The WM King Survey Sabine Pass, Jefferson County, Texas (3) P. O. No. 6042 - An Ordinance Authorizing The Donation Of Bicycles, Weed Eaters, And Lawnmowers To The Port Cities Rescue Mission Of Port Arthur, Texas 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 AGENDA OCTOBER 6, 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 551.074 Government Code - To Discuss The Appointment Of An Acting City Attorney And Transition Thereof (2) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To The City's Boardwalk (3) Section 551.087 Government Code - To Discuss Possible Incentives As To Call Centers *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 MULES OF DECORtlM :. PERSONS ADORESS~NG COI~NCIL 8~ AUDIENCE MEMEERS 1.. Rexogaition by Presiding Olrlaer. No person ahaQ'addtess the Coundl wttttout Hest ti~erg racogetzed by the t+nestding O~ticer. Z ;peaA~g Pr+o~rdtsr~ Limitation on dtvcossion and questioning. ~Eadr person addressing the CauadE shag step up ~ the enta+ophona provided !or the use of the pubQc and give Ells name and address is as audibta bogie at . voice for the e+eeoedq, state that sub~tet he wishes bndisass,•s~te whota•he ~ to cesentln iE he oe9aafsatlan or otleer P g. rep~asertls an person; and unless prtttee fiats .is . rt~rttaiia lw five {5j aetaatest. dp raearl~ graded: ~Y ~i~41 vats of #!tn Cawrdl, shad iter~it his thereof No >~ be ad+det3ssed to the: Eounc4~ as ~ wtro[e aad pot tin ady member enberinbo ~whelfieenxm6era of lire Coui~ii aad the.pe:r9oer ~tpvlag the:lloaeshad .6e paeedtted.to ~ Oiliaer. °r ~O~ a °~ot' ~ Coue~aAr Mrit(tic~iit llkhe.peevn~as of tine - dh-Aeeao„ uep~-, P~taf, s~nderb~ n~ ~ troewa9; ~- pe~on~ aratdrr~ la~pe+ebty or wash ~: toad, 9 ~' S6asive tangreagq, or ~ Vie' °r -reesarl~s oc who impede, di4rept, ov dtsbiab ~ ~gdRr ~ ~Y dlsaderfy aorrduct vrhich would ~~ ~~ ` . eoaaue*, the order, ey- the oQteer, arrd i~ srrdr aoaauct Presiding altieer, 6e ordeeed Gamed ticom hrrtlrer m~atoe ttefoe~n the' t. AddraeesAlhmr ~ or PtsQt~fe ~erd_ A!laee a treotioer has thee made or a pubpe [baring ~ has ~ -~d0e°d' ~~ ~C Po~c chap adders tke CouncA .fk~aa fire audteeae an. the n+a~s undo ~9-Penedssioa bo do so b1t' iry~orKY vobn of the City Caancp. ;' ~~ No Pw'~s wilt be apow~ed b address the speedtes for ar against awry eaadidate who has a ~ ~~ ~ maidreg eanrpaiger aMeady adee+md~ oa a traRot for dee~ioer. nr+oanaed oar does aeutaarce his iabeatioa do runr, or Issue ~ 1F• Catodact t+to peesat in the audieetae shag engage in disaetikr(y oonduet srsdr as hand dapping. . ~mPmg of feet, whisffing, tatnq p~rofaee langwge, yeping, and similar d which aondu~ dateer6s the peace and good oetter of the meeting. 7• «~°~ °~ t~ of~PPt~6f t~hdog Limitations oa ass of suppll Qghdng for~~tetevisioa and motlon picture cameras td areat~a the teas! amount of interference with oc desturbanae of Couadi pe+oceed'utgs and/ordisoomfoctm the pt~~ g' Persons yang Coinptain~y iViegation~ or Gbarges Against lndit-tajva/ City Enrptby+ees. No per.~oa shall make any coenPlaint, specltic altegatiion, or cfta'ge agatetst an •indiieidual Ctty.Emptayee by name in g.pubge meeting nntess 6eltist shows that tra has'puesued appcopr~~ administiatitee channels El~FOtt~E1~lENg OF DECOlt~lM Wanrtng. Ail persons titan at the request of the Presiding OlEkec; lie silent. . Rmeotra6 ~, after etetiving a waesting loom the Presiding Oiliest, a peeson pecaist9 in disturbing the meeting, ss~cie t3fticer may oe^der him m remove hierse(f from the meeting. If ire dog not remove hintiself, tlse Presiding Otfleer may. ordee the Sergeant-ataarerm bo remove hien. • Ruing ReRrovst. Any person who resists removal b1/ fife Sergeant at agitate shall be drarged tieith violating V.T.C.A, Patel Code 42.05. Afagons To Eeefotas. Any Coundtntember may move to require the Pe~eetdtng Offices bo enforce #[tis division, and the aflietttative vote of a majority of ire Council shall +'egetire hirtt• td do s!o. RULES OF~PItOCEOURE The C;ty Secretary shalt make public in accordance with the Texas ®pen Meetings taw, an agenda containing ail business tD be dhcussed at a meeting of tfte City Council. P__etssins ,Reoeestind~ To B` Heard e.. Benda 1~...,r~ (3} ttesiden~. Any, resident who wishes to address the Council oet any matter •may• do so by notifying the •City Secretary in accordance v~ctth the ~ Texas Open Meetdetgs 'Law. {2) Ponresidents. Any nonresident -wisitirJg to address the C~aundt shalE notify fife City Seere~cy acrd spedty his itaterest leo the matter being considered. The City Secretary shah present seeeh request ~ the Presiding Cftteee.tot approval before ,placing the naette on the Agenda. ~ . Saedfle Aaends !te%*•~ After a coati®n, second aad diseussrott by fire Gity Couetcll on any spedtte agenda ttettt, and 'before a vote. is fatten, the Psesidittg dicer shall recognize any citizen to the audience wishing tD e+ddress•the couttcit on such item, who shall be permitted to address the Council thereon for a period of (!tree (3} minutes. RSpecifle Agenda Items° are defined as any iteett spedfied on the Notice of Meetictg posted for purposes of the Texas Open .Meetings Lava and wrhich becomes the subject of a motion before the Coundt.