HomeMy WebLinkAbout12.01.09 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR
ELIZABETH "LIZ" SELLER, 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
December 1, 2009
8:00 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, requests 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
December 1, 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
November 17, 2009 Special Executive Meeting
November 17, 2009 Regular Meeting
III. PETITIONS & COMMUNICATIONS
A. Speakers
B. Presentations
AGENDA
DECEMBER 1, 2009
III. PETITIONS & COMMUNICATIONS -CONTINUED
(1) Carl Griffith, Carl R. Griffith & Associates, Inc., Regarding Industrial
In-Lieu Of Agreements
(2) Rice University Professor Of Architecture Gordon Wittenburg,
Regarding Final Landscape Streetscape Proposal For The
Downtown Area
C. Correspondence
None
IV. PUBLIC HEARINGS - 9:00 AM -None
V. UNFINISHED BUSINESS
The Following Items Of Business Were Held From The Previous Meeting
At Which No Action Was Taken On These Items:
(1) P. R. No. 15572 - A Resolution Authorizing The City Of Port Arthur
Section 4A Economic Development Corporation To Expend
$78,300 Of Its Training Budget For Stipends To Port Arthur
Residents Completing Certain Life Skills Training And Additional
Entry Level Training Skills Programs And To Provide Employers Of
Port Arthur Residents Trained Through The Training Programs With
Funds To Offset Extraordinary Costs Associated With The
Additional Skills Upgrade Training
(2) P. R. No. 15624 - A Resolution Approving An Agreement With
Digital Workforce Academy
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.
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AGENDA
DECEMBER 1, 2009
VI. CONSENT AGENDA -CONTINUED
A. Consideration And Approval Of Payment To Rob Pelletier
Construction Inc., Houston, TX At The Projected Cost Of $16,000
For Emergency Repairs To An Interior Movable Wall At The Robert
A. "Bob" Bowers Civic Center
B. Consideration And Approval Of Payment To Dallas Dodge, Dallas,
TX (Through HGAC) In The Amount Of $461,504 For The Purchase
Of Seventeen Police Vehicles
C. Consideration And Approval Of Payment To Fire Truck Repair
Center, La Porte, TX In The Amount Of $6,416.78 For Repairs To
Fire Truck #644
D. Consideration And Approval Of Payment To Environmental
Improvements, Inc., Houston, TX In The Amount Of $9,934 For The
Purchase Of A Positive Displacement (Progressive Cavity) Sludge
Pump For The Utility Operations Department, Wastewater
Treatment Division
E. Consideration And Approval Of Awarding A Bid To J.D. Bodine,
Huffman, TX In The Estimated Amount Of $78,611 And Ferguson
Waterworks, Houston, TX In The Estimated Amount Of $14,495.54
For The Purchase Of Water Valves For The Utility Operations
Department
F. Consideration And Approval Of Payment To The Greater Port
Arthur Chamber Of Commerce, Port Arthur, TX In The Amount Of
$7,500 For The Purchase Of The 2010 Community Calendars
G. Consideration And Approval Of Awarding A Bid To National Pump
And Compressor, Beaumont, TX In The Amount Of $5,250 For The
Purchase Of A Diesel Driven Hydraulic Pump Head For The Utility
Operations Department, Wastewater Treatment Division
H. Consideration And Approval Of Payment To Hi-Way Equipment
Company, Beaumont, Texas In The Amount Of $6,331.83 For
Repairs To Excavator #1546 For The Utility Operations
Department, Waste Water Conveyance Division
AGENDA
DECEMBER 1, 2009
VI. CONSENT AGENDA -CONTINUED
Consideration And Approval Of Awarding A Bid To C & C Demo,
Inc., Orange, TX, In The Amount Of $12,500 For The Phase I
Demolition Of The Old Main Line Lift Station For The Utility
Operations Department
J. Consideration And Approval Of Awarding A Bid To Double W
Service, Meridian, TX In The Estimated Amount Of $25,000 For
Repairing/Refurbishing Commercial Refuse Containers
K. Consideration And Approval Of Payment To Texas Commission On
Environmental Quality (TCEQ) In The Amount Of $45,945.50 For
The Annual Water System Fee
L. Expense Reports:
Mayor Deloris "Bobbie" Prince:
Use Of Personal Auto For City Business
Months Of October -November 2009 $ 136.40
Attended NLC Annual Conference
San Antonio, Texas, November 11-13, 2009 $ 1,561.47
Mayor Pro Tem Elizabeth "Liz" Segler:
Attended NLC Annual Conference
San Antonio, Texas, November 10-14, 2009 $ 1,944.90
Councilmember Jack Chatman, Jr.:
Attended TML Annual Conference
Fort Worth, Texas, October 21-23, 2009 $ 1,204.01
Resolutions -Consent
(1) P. R. No. 15616 - A Resolution Authorizing The Renewal Of
Contract To Cordon's Lawn Service For Grass Cutting Services Of
Privately-Owned And City-Owned Vacant Lots In An Area Of The
City Designated As Area C, To Be Charged To Account No. 001-
1401-551.59-00
4
AGENDA
DECEMBER 1, 2009
VI. CONSENT AGENDA -CONTINUED
(2) P. R. No. 15617 - A Resolution Authorizing The Renewal Of Grass
Mowing Contract To Southeast Texas Lawn & Maintenance For
Grass Cutting Services Of Privately-Owned And City-Owned
Developed Lots In An Area Of The City Designated As Area B, To
Be Charged To Account No. 001-1401-551.59-00
(3) P. R. No. 15618 - A Resolution Authorizing The Renewal Of A
Contract With Cordon's Lawn Service For Grass Cutting Services
Of Privately-Owned And City-Owned Vacant Lots In An Area Of
The City Designated As Area D, To Be Charged To Account No.
001-1401-551.59-00
(4) P. R. No. 15619 - A Resolution Authorizing The Renewal Of
Contract With Southeast Texas Lawn Maintenance For Grass
Cutting Services Of Privately-Owned And City-Owned Developed
Lots In An Area Of The City Designated As Area C, To Be Charged
To Account No. 001-1401-551.59-00
(5) P. R. No. 15629 - A Resolution Awarding A Contract For Grounds
Maintenance Services To Affordable Lawn & Tractor Service Of
Port Arthur, TX For A One (1) Year Period With An Option To
Renew For Two (2) Additional One (1) Year Periods At An
Estimated Amount Of $4,855.00 Per Year. The Port Arthur Transit
Division, Account Number: 401-1505-561.31-00
(6) P. R. No. 15630 - A Resolution Accepting A $28,218 Supplemental
Environmental Project Agreement With The Texas Commission On
Environmental Quality
(7) P. R. No. 15631 - A Resolution Accepting A $3,790 Supplemental
Environmental Project Agreement With The Texas Commission On
Environmental Quality
AGENDA
DECEMBER 1, 2009
VI. CONSENT AGENDA -CONTINUED
(8) P. R. No. 15636 - A Resolution Awarding A Contract And
Authorizing The Execution Of Said Contract In The Amount Of
$65,900.00 For Hurricane Ike Damage Repairs To Seven Elevated
Water Tanks Between The City Of Port Arthur And Central Tank
Coating, Inc., Of Elgin, Iowa. Account No. 121-2300-901.85-00,
Project Nos. IKEWTI, IKEWT2, IKEWT3, IKEWT4, IKEWT5,
IKEWT6, IKEWT7
(9) P. R. No. 15638 - A Resolution Authorizing A Consulting Contract
With Muniservices, LLC For Local Hotel Occupancy Tax And
Hospitality Consulting Program
(10) P. R. No. 15640 - A Resolution Authorizing A Letter Agreement
With Sungard Public Sector For A Business Analysis And Process
Review For The Customer Information System
(11) P. R. No. 15641 - A Resolution Authorizing The Execution Of An
Agreement For Independent Professional. Services Between The
City Of Port Arthur And James Cousar, A Medical Laboratory
Technologist, To Provide Contract Services For The City's
Laboratory
(12) P. R. No. 15642 - A Resolution Rescinding Resolution No. 09-327
In Its Entirety, And Accepting A Water Utility Easement From The
Housing Authority Of The City Of Port Arthur For The Construction,
Installation, Laying, And Maintaining Of Water Utilities At The Gulf
Breeze I Apartment Complex In The City Of Port Arthur
(13) P. R. No. 15643 - A Resolution Authorizing Acceptance Of An
Engineer's Certificate Of Completion From Arceneaux & Gates
Consulting Engineers, Inc., And A Contractor's Certificate And
Release, And Contractor's Certificate Of Guarantee From
Brownstone Construction, LTD For The Completion Of The Public
Water System Improvements Serving Gulf Breeze I Apartments,
And Authorizing The City Manager To Sign The Certificate Of
Acceptance On Behalf Of The City Of Port Arthur, Texas
AGENDA
DECEMBER 1, 2009
VI. CONSENT AGENDA -CONTINUED
(14) P. R. No. 15644 - A Resolution Accepting A Sewer Utility Easement
From The Live Oak Express Realty, Ltd. For The Construction,
Installation, Laying, And Maintaining Of Sewer Utilities In The City
Of Port Arthur
(15) P. R. No. 15645 - A Resolution Authorizing Acceptance Of The
Engineer's Certificate Of Completion From Mark Ochoa, P.E. Of
Arceneaux And Gates Consulting Engineers, Inc., And The
Contractor's Certificate And Release And Contractor's Certificate Of
Guarantee From A-1 Striping And Paving Company/Live Oak
Express Realty, LTD. For The Completion Of Public Water System
Improvements To Serve The Tracts 1, 2, And 3 Of The 5.907 Acre
Replat Out Of Lot 8, Block 8, Range G In The Port Arthur Land
Company Subdivision, Vol. 1, Page 22, M.R.J.C., Port Arthur,
Texas, Jefferson County -Aaron's Rental Center, And Authorizing
The City Manager To Sign The Certificate Of Acceptance On Behalf
Of The City Of Port Arthur, Texas
(16) P. R. No. 15647 - A Resolution Awarding A Bid And Authorizing The
Execution Of A Three (3) Year Contract Between The City Of Port
Arthur And Associated Mechanical Services, Inc. Of Nederland,
Texas For Air Conditioning Service On A Unit Cost Basis
AGENDA
DECEMBER 1, 2009
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
(1) P. R. No. 15632 - A Resolution Authorizing A Design-Build
Agreement With Daniels Building And Construction, Inc., For The
Renovation Of The Police And Fire Buildings At 645 4th Street And
333 Waco In The Amount Of $2,246,511, Account No. 301-1601-
591.82-00, Project No. GO-809
(2) P. R. No. 15635 - A Resolution Appointing And/Or Reappointing A
Member Or Members To The Zoning Board Of Adjustment And
Appeals
(3) P. R. No. 15646 - A Resolution Approving A Waiver Of The Site
Development Restrictions In The Covenants And Restrictions Of
The Port Arthur Business Park As To Fencing Visible From The
Street; Authorizing Use Of Vinyl-Coated Chain Link Fencing In Lieu
Of Decorative Iron Fencing Along 270 Feet Of Frontage In The 5.0
Acre Tract Of Land In The Business Park Purchased By Port Arthur
Partners, LLC
(4) P. R. No. 15648 - A Resolution Appointing And/Or Reappointing A
Member Or Members To The City Of Port Arthur Section 4A
Economic Development Corporation
(5) P.R. No. 15649 - A Resolution Appointing Members To The Port
Arthur Youth Advisory Council
B. Ordinances
(1) P. O. No. 6051 - An Ordinance Granting An Excavation Permit
Issued Pursuant To Chapter 94, Article VII (Excavations) Of The
Code Of Ordinances Of The City Of Port Arthur To The Port Arthur
Economic Development Corporation Business Park Phase II
Located North Of F.M. Highway 365 And West Of West Port Arthur
Road
(2) P. O. No. 6052 - An Ordinance Authorizing The City Manager To Do
All Things Necessary To Execute The Settlement Of A Claim In The
Amount Of $2,802.94 With Equity General Agency, Inc. As A Result
Of The Property Damage To City Of Port Arthur Vehicle #1217
AGENDA
DECEMBER 1, 2009
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED
(3) P. O. No. 6053 - An Ordinance Amending Subsection (a) (Time) Of
Section 2-51 (Meetings) Of Division II (Meetings) Of Article II (City
Council) Of Chapter 2 (Administration) Of The Code Of Ordinances
Of The City Of Port Arthur, Texas, As Amended, By Clarifying The
Effect Of Holidays On City Council Meeting Time
(4) P.O. No. 6054 - An Appropriation Ordinance Amending The Budget
For The Fiscal Year Beginning October 1, 2009 And Ending
September 30, 2010 As To Fund Renovations To The Police
Department Building, Administrative Costs Related To The
Neighborhood Stabilization Program And Repairs At The Civic
Center
C. *Reports And Recommendations -None
*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. *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
---------------------------------------------------------------------------------------------------
AGENDA
DECEMBER 1, 2009
IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONITNUED
Closed Meeting:
(1) Section 551.072 Government Code - To Discuss The Value Of
Land At Sabine Pass Adjacent To Hwy. 87 And Broadway
(2) Section 551.072 Government Code - To Discuss The Value Of
Land In Block 7 And Block 11 In The Vista Village Subdivision
(3) Section 551.087 Government Code - To Discuss Possible
Incentives As To Call Centers
(4) Section 551.072 Government Code - To Discuss The Value Of
Land Along 4th Street Between Mobile And Shreveport Avenues
(5) Section 551.087 Government Code - To Discuss Incentives As To
Possible Health Clinic
*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
io
I~iULES OF DECORtlM :. PERSONS ~pRESS~NG COI~NCIL 8c AUDIENCE MEM6ERS
~~' ~ ~ OA'ker. No person shaR'addt~ the t.oundi without !lest fiileeq racogniaad by the
_' umitittoa on dt'aession seed .
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voice for the txtblk and givr life name and adeLds M net audiWa tone of
stated tha>: snbjeet ha w(~os bo. rapt IE lei ~'wnts an
~~tion or other person; and aN.s ~~ y~ ,•.~ whant•he is
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titereof< No poison rq~ q~ of lEee mad ea t4a; Eauad[- as a ~rlwle sad ia! tin ~ anam6er
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~ ~-P~a~ios bs deg as by a~or(~/ ~ of the CtYGloandl.
for er moons ~ b! atiowed m addnees the aq GowcB by aaaidnv n
a~edY adaevd- a~a b~igoR~iroe whs 1~ aemomio~ed ox doai annoveos its ievaattOa is Ivey or lh~ee
d' -- ~'db~ No Pms4a in the a shad
°~ ~ ~ <ednq profane to ~° ~ dts°edaeil- aondeae! seac6 as Land capping.
disbeer6s the p~ and good order d the , and siertilar rrhids conduct
7. LrbnrJi~lbs~ err ~ ~ °~~
~9c t~enttatloe~s on as of snppfeena~tsl ~htln9 tor' ~beterivoa and
aeed/oe~ ~ ~ lead amount of &veeleraeece widt or dtstsrbance sf Cou~tl peviceadngs
~ . a fps ~ ~~+~~L a~ Gleai~es Agsf~` Lrdh~ia/ Gtjr fem. No Person shall make
renters ita•;Apst shows yqt~ or chacga against sn•lndividuai CKy.EmPlaye~e ~ name 1A g.pubge eeeeef3ag
pursued aPWnpdatti~ admtnistsattve d~aeueals:
ENFQt~~EMENT OF DECt3RUM
Nhrpelfi~y. Aq pamoees shall a! the ragetepR ~ the
Rar>rvvsL I!, afar caoaie~hq a waeaeing fhgne fha Offkar; 6a spent:
tMker maY order kilter ~ e'we+ow hlmsdf fk+oen the ~ ~~' a ~n ~ ~° ~ ~
order the Sae9aant;•ataarma to hire. 9• >V ha bees not eaneov~ hieeesdf, the Peestding OlResr maY.
[~ ~A Any parson who e+e:ists mt>mval ~ t1+e meant-a! acne shalt be charged tioith violating V.T.C.J1,
lAnnatiivae vo of M1/ Councgmenn6ec enay move to require the Peesidte~ 3NReee to :<efocaa this division, sad the
'~ority of the C'.ouptdl shall regvira kite} m do so.
RULES OF PROCEDi9.RE
T~ ~1f e7 shall nuke pubg4 in accordance with the Tepcss ®pen Maetieegs'Law, an agenda containing ail
heeslness ~ ba discussed at a neaating of thi ~9/ Coueeeil.
awl '+ta'~ ~enaX do so trj/ not! y, re9ldaet who wishes to addceas the Gounpil nee
flfin9 the ~~'~ Rssidants. flee
Aaeensidaeets. g ~9/ Secretary ~ aee~ebaetae t+ctth the- Tsoas Open Meadngs 'law. (2j
elf aonre:ideat -wishi~ ~ address the i~undl sha11 nodfY the flty Secretary aced speetty hi: tntsr~st lee
the matter baiag caeesid ~ ndae Secretary shall ~e^esent such request in tree Prastding tMleae.fo~ ap~pcoval 3eagace
placitlg the aa[Aa an the
Seee,~e Aae~da !te„r.~ Olfter a motloe, second aped diseusslop~ the
'Sefoce a vote is fatten, the 1•sesidi b1/ Cfty caueecll are eery spaelflc agenda itapee, aped
o~ ouch- steer, who shall be ~ ~Ger shad raoogeeize any attLaan in the setdlaeeee wishieeg tD addeass•#lee couneit
pet4tpitted to address the ~oueedl thapmon for a period of three {3~ minutes. "Spedfie Agenda
Isen+s" ors defined as any itepel spaclfiad on the Notlca of twld+eting posted for purpo9es a! the Texas flpan irleetings Law
and which bacom~ the suia~eet of a erattoe before the Coueeelt.