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HomeMy WebLinkAbout11.03.09 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 AGENDA City Council Regular Meeting November 3, 2009 8:30 a.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS CITY SECRETARY VALECIA R. TIZENO ACTING 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, r. equests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. City Council Meeting City Hall Council Chamber City Of Port Arthur November 3, 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 Acting City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee-- II. PROCLAMATIONS & MINUTES Proclamations Minutes October 06, 2009 Regular Meeting October 14, 2009 Special Meeting October 20, 2009 Special Executive Meeting October 20, 2009 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers B. Presentations C. Correspondence AGENDA NOVEMBER 3, 2009 IV. PUBLIC HEARINGS - 9:00 AM None 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. 15552 - A Resolution Approving Termination Of The Economic Development Conditional Grant Agreement Between Camellia Plaza, L.P. And The City Of Port Arthur Section 4A Economic Development 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Orchid Cellmark, Dallas, TX In The Amount Of $6,515.25 For Police Department Forensic Services B. Consideration And Approval Of Awarding A Bid To Clint's Fencing, Beaumont, TX In The Amount Of $9,500 For Tennis Court Replacement Fencing At Washington Park C. Consideration And Approval Of Payment To ACFM, Inc., Conroe, TX In The Amount Of $10,145 For The Purchase Of A Blower For The Wastewater Treatment Division D. Consideration And Approval Of Payment In The Amount Of $13,804.14 To Miriam K. Johnson, Tax Assessor Collector, For The 2009 Tax Year Collection Fee 2 AGENDA NOVEMBER 3, 2009 VI. CONSENT AGENDA -CONTINUED E. Consideration And Approval Of Grand Recap (Certified Tax Rolls) From Jefferson County ($14,922,780.14) And Orange County ($1,031,870.77) Tax Assessors Collectors And The Delinquent Tax Roll From Orange County F. Consideration And Approval Of Payment To Barnsco, Inc., Dallas, TX In The Amount Of $10,450 For The Purchase Of Poly Flex III Sealant To Be Used For The Fl' 2010 City Streets Program G. Consideration And Approval Of Awarding A Bid To Dallas Dodge, Dallas, TX (Through HGAC) In The Amount Of $135,252 For The Purchase Of Six Police Vehicles H. Consideration And Approval Of' Payment To Casco Industries, Inc., Houston, TX In The Amount Of $6,212.30 For The Purchase Of SCBA Repair Parts For The Fire Department Consideration And Approval Of Payment To Etheredge Electric, Shreveport, LA In The Amount Of $5,770.65 For Repairs To A Breathing Air Compressor For The Fire Department J. Expense Reports: Mayor Deloris "Bobbie" Prince: Attended TML Annual Conference, Fort Worth, TX October 20-23, 2009 $1,467.91 Mayor Pro Tem Elizabeth "Liz" ;Segler: Attended TML Annual Conference, Fort Worth, TX October 20-23, 2009 $1,329.70 AGENDA NOVEMBER 3, 2009 VI. CONSENT AGENDA -CONTINUED Resolutions -Consent (1) P. R. No. 15482 - A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement With The Pleasure Island Commission As It Pertains To The Maintenance Of The Parks On The Island (2) P. R. No. 15529 - A Resolution Authorizing The City Manager To Enter Into A Contract For Fuel Dispensing With FleetCor Technologies, Inc. DBA Fuelman Of Houston, TX (3) P. R. No. 15561 - A Resolution Awarding A Bid And Authorizing The Execution Of A Contract With Northstar Unlimited For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area B-1, To Be Charged To Account No. 001-1401-551.59-00 (4) P. R. No. 15562 - A Resolution Awarding A Bid And Authorizing The Execution Of A Grass Mowing Contract To Northstar Unlimited For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area B-2, To Be Charged To Account No. 001-1401-551.59-00 (5) P. R. No. 15565 - A Resolution Authorizing The City To Lease An IJ-80 Autofeed Mailing System With A Dynamic Scale, 10 Lb. Postage Scale And Thermal Roll Tape Dispenser From Neopost, Inc. Of Houston, Texas At The Rate Of $539/Month For A 63 Month Period (6) P. R. No. 15583 - A Resolution Approving A Contract Between The City Of Port Arthur And Southeast Texas Arts Council (SETAC) For The Purpose Of Funding SETAC For The 2009-2010 Fiscal Year In The Amount Of $45,000, Account #140-1405-551.59-00, M97901 AGENDA NOVEMBER 3, 2009 VI. CONSENT AGENDA -CONTINUED (7) P. R. No. 15584 - A Resolution Authorizing The Payment Of The Annual First Call, STAN Contract (Southeast Texas Alerting Network), A Public Awareness System Designed To Communicate Important Information To The People Of Southeast Texas, In The Amount Of $6,227.86 And Charged To Account Number 001-1101- 521.61-03 (8) P. R. No. 15585 - A Resolution Affirming The Investment Policies Of The City Of Port Arthur For The 2009-2010 Fiscal Year (9) P. R. No. 15589 - A Resolution Accepting The $950,000 Supplemental Environmental Project Agreement With The Texas Commission On Environmental Quality Executed By Carl Griffith & Associates On Behalf Of The Ciity Of Port Arthur (10) P. R. No. 15590 - A Resolutions Rejecting Bids For Demolition And Reconstruction Of Three (3) Homes As Advertised By The Housing Division Due To A Specification Standard And Authorizes Re- Advertisement For Bids (11) P. R. No. 15591 - A Resolution Authorizing The City Of Port Arthur To Accept A Grant From 3-M For Their Sign Grant Program In The Amount Of $31,172 To Purchase Diamond Grade High Performance Sign Sheeting And $16,318 To Purchase Various Manufactured Traffic Signs (12) P. R. No. 15592 - A Resolution Authorizing The Mayor And City Manager To Execute An Agreement With Arceneaux & Gates Consulting Engineers, Inc. Of Port Arthur, Texas To Provide Construction Phase Services Related To The TWDB CWSRF (ARRA) Grant For An Amount Not To Exceed $910,000 AGENDA NOVEMBER 3, 2009 VI. CONSENT AGENDA -CONTINUED (13) P. R. No. 15593 - A Resolutions Approving An Interlocal Agreement For The Resale Of Tax ForecNosed Property For The Purpose Of Urban Development In The City Of Port Arthur With Jefferson County Drainage District No. 7, Port Arthur Independent School District And The Sabine Neches Navigation District As It Pertains To The Neighborhood Stabilization Program (14) P. R. No. 15594 - A Resolution Rescinding Resolution No. 09-019 In Its Entirety, And Accepting A Water Utility Easement From Chicory Court - Brittany Place II, LP For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City of Port Arthur (15) P. R. No. 15595 - A Resolution Awarding A Contract In Two Parts And Authorizing The Execution Of Said Contract In Two Parts In The Amounts Of $19,199.75 (Part 1) And $310,050.55 (Part 2) For Sanitary Sewer Rehabilitation By The Cured-In-Place Method To Serve Basins N250 & N109, Between The City Of Port Arthur And Insituform Technologies, Inc., Of Cypress, Texas, Account No. 426- 1625-532.83-00, City Project No. 426017 (16) P. R. No. 15596 - A Resolution Authorizing A Memorandum Of Understanding Between The City Of Port Arthur And CHRISTUS Hospital Saint Mary (17) P. R. No. 15601 - A Resolution Awarding A Contract And Authorizing The Execution Of' Said Contract In The Amount Of $312,095.00 For The Hwy 365 Force Main, Main "C" Canal Crossing, Contract No. 2, Between The City Of Port Arthur And Williamson Construction, Inc., Of Lumberton, Texas, Account No. 404-1625-532.83-00, City Project No. 404365 (18) P. R. No. 15602 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Estimated Amount Of $8,141,753.00 Foir The Wastewater Treatment Plant Rehabilitation Project, Contract No. 5, Between The City Of Port Arthur And ALLCO, Inc., Of Beaumont, Texas, Account No. 404- 1625-532.83-00, City Project No. 404WWT 6 AGENDA NOVEMBER 3, 2009 VI. CONSENT AGENDA -CONTINUED (19) P. R. No. 15603 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $3,085,560.00 For The Sanitary Sewer Rehabilitation By Pipebursting & Sliplining Methods To Serve Basins EV75, PR78, LV49, LV56, & N127, Contract No. 8, Between The City Of Port Arthur And PM Construction, Of Pasadena, Texas, Account No. 404-1625-532.83-00, City Project No. 404PB8 (20) P. R. No. 15604 - A Resolution Authorizing The City Manager To Execute An Agreement With Brown Reynolds Watford Architects, Inc. Of College Station, Texas l"o Provide Design Services For Fire Station #4 In Sabine Pass For An Amount Not To Exceed $136,200 AGENDA NOVEMBER 3, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15559 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Chevron USA, Inc. (2) P. R. No. 15576 - A Resolution Amending Resolution No. 09-333 Of The City Of Port Arthur Section 4A Economic Development Corporation's Policies And Procedures For Site Improvements And Related Improvements Necessary To Promote Or Develop New Or Expanding Businesses For C)peration Downtown (A Downtown Improvement Program) (3) P. R. No. 15586 - A Resolution Casting Votes For The Board Of Directors Of The Jefferson County Appraisal District (4) P. R. No. 15587 - A Resolution Casting Votes For The Board Of Directors Of The Orange County Appraisal District For The Term Ending December 31, 2011 (5) P. R. No. 15597 - A Resolution Approving A Public Broadcast Agreement Between Radio Station KSAP-107.1 LPFM "The Breeze" And The City Of Port Arthur Section 4A Economic Development Corporation (6) P. R. No. 15598 - A Resolution Approving The Purchase Of Advertising Space On The (Memorial Stadium Scoreboard By Execution Of An Agreement By And Between Port Arthur ISD And The City Of Port Arthur Section 4A Economic Development Corporation (7) P. R. No. 15600 - A Resolution Establishing The Port Arthur Downtown Revitalization Board And Appointing Three (3) Members To The Board Of Directors s AGENDA NOVEMBER 3, 2009 I VII. ITEMS REQUIRING CONTINUED B. Ordinances INDIVIDUAL ACTION - NON-CONSENT - (1) P. O. No. 6047 - An Ordinance Designating December 24, 2009 As A Legal Holiday (2) P. O. No. 6048 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2009 And Ending September 30, 2010 As To Fund Charges For Administration Fees In Obtaining The Supplemental Environmental Project C. *Reports And Recommendations *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 NOVEMBER 3, 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 551.071 Government Code - To Discuss With The Acting City Attorney Potential Litigation As It Pertains To The Texas Commission On Environmental Quality (TCEQ) (2) Section 551.071 Government Code - To Discuss With The Acting City Attorney Potential Litigation With Duro-Last Roofing, Inc. (3) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To The Boardwalk (4) 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 to MULES OF DECORtlM :. PERSONS ~IDpRESS~NG COt3NCIL 8k I~tUOIENCE MEMBERS ~~' ~ ~ DAlrc~er. No Pe+son shall°addt~ss the Coundl without !lest 6iln s ~~ by the z ~ ~~vcudirrp Llmltatloa on up ~o ties man and questloning. 'tech poison addressing isle Cous<dl• shall step voice far the~~M bided fbe; the use at tie puhtk and glut !IN acme and addns >a an audible tore at ocgaatatlein ~~°'~ he ~hes ~.•stata whont•ha is nprsseetting Il 1~i person; and' ante=s ftistbay~.~. b an trmarlcs.be ftvr (gj adnata~: dp rsnarla ~ g ~ ~robi of tie Cwnt~, t~tt hh ther~aot: No poison sthee ~aa ~ ~ d tri ~: toaeadt. as ~ ~rta[e asd'not ~ any. aromber atend~ of the Goui~1 and tite.~s~ g Welloaes~ .Ira peen>ttted.~ Presidttp awl oer' tae ~Yor m~odgh a a!`fhe Coue~dl, tNltJeoii! tfM-•p o! the ~ d~-tiroori Adj ~ ~ P~ m+!~0, ~~aly or ae peatans-tom ar who ~~- ~: Ioad, lfieveaabg ar a;. ~- t~ ~r dea~rh aoeaua wt+~ w~td ar ~` E1e °`d'rh' oo„d,~ tt~e seder, ttir ffie [~+esidbg oteloar, awd ~ wch aoerde~t co~ ~ ee ~,. ano,r. ts. a+awea ~.a ~r ~.~,+. ~6 ~, Adalres~e~r,~ar bean dosrd, eio d~ °r tame ~1 Cpausd Mne a a~oUaa ba: bean wa>d. ar a pale heuiay ~ hays ~ pai®e: stag/ adders lice Coeaae~ .tian ~e aeedtaaae~ m. tlra anaRter undee s ~„~„ ~„~ ~Pwaision bs d'a so br reba oltle. C~„fbaat~. ld~ow w1 be alloMrd by adders flte ~ ar against grey o~ uAa has aonoenosd oe does annoweo~i m~ °° ~~r adeerd~ as a beillot fbe elegy ova, or tssvm d' ~ e ~ ~ ilea - ~~ °~ Ong, m~ plane to ~ ~e ~ 1/ aoedue* soeh as hand dapping, t-~ and good cedar of the aaeB fie' ~°9• a~ st~ieilar whirls aonduet 7• ~ ~~PP~aat~f ¢ L~mltatfaees ae use of supplan+e~etat I~hdng t{or• tdevlsion and ntotlon picture eanearas tQ ante the least aena+eet o! iaterlerenae with or distucbanae a[ Coeendl petieaed'uegs and/o~disoanlortlo the pul~pa s' a ~s ~atfon~ o~ ,~l~t Lrdh~lydot/ t~fjr ~rp~+oei. No parson shall Hake tonic=s ieer.ttist shams y~i ~ ~ or cGaf9e against an ~Indivtdual Qty.Emptay~ee M aan+e in ~t. pu6lie ~edng - pursued :ppnoprlaa administua~ive a~annals: ENFOR~EINENT OF DECORUM leeal rib ~ at~~ ~p at the e'eq~t o! tta Per:i~ng O(llear; he silent erealving a waening ~+ y1e ~~ dLst~ubing the mdedng, such t~lYtee<' melt mda` ~n ~ erenove himsd! t'roeee the meek ~~' a parson peesisb in oe+Qee the Sac9euetat~aeens to him. ng• I! he does eat t+emov! hin>sdf, the thrsiding Olfleer maY• `~todeR4~2.Og G ~ ~O ~ ~t h'!f »+e Sergeant-at ae~a~s ahaN be charged witlW vtohdng V.T.GJy ~~ ~o any Coundimaminx may n+ove to requiea the Pneddtng Ottt~c to entoc~ t~ division, and the ~~Y ~ the Coundt !hall rrg4lr'e hie!! La da so. RULES OF-PROCEDURE - The ~ shalt eeeatce pub1lG in accordance with the Texas Open Meetings'taw, an agenda eaantaining ail business ~ be discusses at a neaeting a! the City Council. anY matter ~mayt• do so by no ~3~ Resldent9. ~'/. resident who wishes ~ addrm the Cautui! on itone~esidents. Ong ttm -~t91 Secretary In aee.ordanee rcitle the- Texas Cpun Meetteags 'law. (2j tiny noneesident -wishigg ~ address the C~undl shalt nodty the ~Ly ~retacy and spedty his Ycetee^est 3n the matter being cansiderad. Ttte City Secretary shag ~rasent suds oast ~ the Presiding Otticer.foi• aplproval before pladng the nan-e on the Agenda. SQedfRe Agenda iten~,-! Alter a motion, seeand and dlseussloeF by the Qty Caundl an any spedtle agenda ~lteee~, and 'Ssloee a vote is taken, the Psesidieeg O!+licer shall recognize any attizen in the audience vWshing tD addrass•the Laueeeii an 3ueh. tteer, who =hail be permitted is address the Coundl thereon fora et9od a~f three 3 eelnutes. "S ecitle Agenda hams" are defined as any item sped!!ed on the Notice of i~tedstlesg posted for purposes a! t~h® Teecas flpan ~leatings Law earl Wtlidi berom~ $I!e steb~eet a! a enOtjoR befae^e file Coundt.