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1-26-10 REGULAR MEETING
DELORIS "BOBBIE" PRINCE, MAYOR ELI7.ABETH "LIZ" SEGLER, MAYOR PRO TEM COUNCIL MEMBERS: JACK CHATMAN, JR. MORRIS AL,BR.IGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILL[AMSON D. KAY WISE THOMAS J. HENDERSON City ~~t. .,,,frl~4`1,,~~ ort rth~ur ~~ l P.KQS AGENDA City Council Regular :Meeting January 26, 2010 8:30 a.m. STEPHEN FITZGIBBONS CITY MANAGER TERRIHANKS CITY SECRETARY VALECIA R. TIZENO ACTING CITY ATTORNEY In compliance with the Americans With Disabilities Act, the City of Port Arthur wild 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 Counciil Meeting City Hall Council Chamber City Of Port Arthur January 2'6, 2010 8:30AM PLEA;SE 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 January 05, 2010 Regular Meeting January 12, 2010 Regular Meeting January 12, 2010 Special Meeting January 12, 2010 Special Executive Meeting III. PETITIONS & COMMUNICATIONS A. Speakers Duane Gordy Regarding The Building Of Homes In Port Arthur ACaENDA JANUARY 26, 2010 III. PETITIONS $ COMMUNICATIONS (C:ONTINUED) B. Presentations Presentation By Cloteal Haynes As To The Progress Of The Westside Development C. Correspondence -None IV. PUBLIC HEARINGS - 9:00 AM None V. UNFINISHED BUSINESS The Following Items Of Business Weire Held From The Previous Meeting At Which No Action Was Taken On These Items: None VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Folllowing 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideratic>n In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Consideration And Approval Of Payment To Performance Truck, Beaumont, TX In The Amount Of $12,994.91 For Engine Repairs To A 2005 Orion SLF Transit Bus (Equipment #1568) B. Consideration And Approval Of Payment To Philpott Motors, Nederland, TX In The Amount Of $23,389.05 For The Purchase Of A 2010 Ford Econoline Passernger Van For City Hall C. Consideration And Approval cJf Payment To AAR Incorporated, Houston, TX In The Amount C)f $14,250 For Asbestos Abatement And Demolition Of Two Buildings In Sabine Pass (Along With The Removal Of Two Dead Trees) 2 AGENDA JANUARY 26, 2010 VI. CONSENT AGENDA -CONTINUED D. Consideration And Approval Of Payment To CDW-G, Chicago, IL In The Estimated Amount Of $18,999.23 For The Purchase Of A Replacement Server For The Fire Department E. Consideration And Approval Of Payment To Dooley Tackaberry, Inc., Deer Park, TX (Through BuyBoard) In The Estimated Amount Of $50,000 For The Purchase Of Bunker Pants And Coats For The Fire Department F. Expense Reports: Mayor Deloris "Bobbie" Prince: Use Of Personal Auto For City E3usiness, December, 2009 $ 44.00 Use Of Personal Auto For City E3usiness, January, 2010 $ 255.50 Addendum To Previous Expense Report: Attended Meeting On Affordable/Replacement Housing New Orleans, Louisiana, Decenber 6-9, 2009 $ 75.00 City Secretary Terri Hanks: Attended 21St Annual Secretary Of State Election Law Seminar, Austin, Texas, December 6-9, 2009 $ 1,263.79 Resolutions -Consent (1) P. R. No. 15690 - A Resolution Authorizing A Change In The Supplemental Environmental Project Docket #2007-0172-AIR-E & Docket #2008-0989-AIR-E AgrE~ement With The Texas Commission On Environmental C2uality (2) P. R. No. 15692 - A Resolutions Authorizing The Mayor Of The City Of Port Arthur To Execute An Aerial Waiver Permitting The Jefferson County Mosquito Cointrol District To Fly At Low Altitudes Over The Territory Under Thee Jurisdiction Of The City Of Port Arthur AGENDA JANUARY 26, 2010 VI. CONSENT AGENDA -CONTINUED (3) P. R. No. 15705 - A Resolution Authorizing The City Manager To Execute Contract Amendment No. 1 With The South East Texas Regional Planning Commission (SETRPC) For The Social Services Block Grant In The Amount Of $660,000 To Allow For Repairs/Renovation To The He<~Ith Department Facility VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15693 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Use Funds Approved By The City Council From The PAEDC Job Training Line Item For The Payment Of Wages For The Summer Internship Program Not To Exceed $9.00 Per Hour For 10 Port Arthur College Students With A Minimum 2.5 Carade Point Average (2) P. R. No. 15694 - A Resolution Approving A Waiver And Modification Of The Fencing Requirements Of The Port Arthur Business Park Covenants And Restrictions For BioMedical Waste Solutions As Approved By The City Of Port Arthur Section 4A Economic Development Corporation Board Of Directors (3) P. R. No. 15696 - A Resolution Authorizing Participation With Other Entergy Service Area Cities In Matters Concerning Entergy Texas, Inc. At The Public Utility Commmission Of Texas And The Federal Energy Regulatory Commission In 2010 (4) P. R. No. 15699 - A Resolution Authorizing The Acceptance Of The Property Located At 1919 Austin Avenue (5) P. R. No. 15700 - A Resolution Authorizing The City Manager To Execute An Agreement With Lou Richard For Limited Appraisals As It Relates To Property To Be P-cquired Through The NSP Program Of The City Of Port Arthur (6) P. R. No. 15703 - A Resolution Approving A Contract With Mannix Media Graphic Design For Improvements, Enhancements, And Updates To The Web Page For The City Of Port Arthur Section 4A Economic Development Corporation AGENDA JANUARY 26, 2010 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (7) P. R. No. 15708 - A Resolutions Authorizing The City Manager And The Acting City Attorney To Purchase The Property Located At 1000 18th Street, Port Arthur (8) P. R. No. 15709 - A Resolutions Authorizing The City Manager And The Acting City Attorney To Purchase The Property Located At 528 West 6th Street, Port Arthur B. Ordinances (1) P. O. No. 6061 - An Ordinance .Adding Subsection (F) To Section 2- 31 Of The Code Of Ordinances As It Pertains To Future Agenda Items (Requested By Councilmembers Williamson, Segler, And Henderson) (2) P. O. No. 6062 - An Ordinance Amending Sections 114-31, 114-33, 114-34, 114-35, 114-36, 114-37, 114-39, 114-41, And Adding Section 114-42 Of The Code ~Of Ordinances Of The City Of Port Arthur As It Pertains To EmergE~ncy Medical Vehicles; Providing For A Maximum Fine Of $500 Per Day Or Per Incident, And Providing For Effective Dates C. *Reports And Recommendations Report On 36th Year CDBG Application Process *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 Beautification Commission Regardincl Future Projects, Membership And Attendance And Current Revenues And Expenditures (Requested By Councilmember Henderson) s AGENDA JANUARY 26, 2010 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 Potential Litigation With The Acting City Attorney As It Pertains To Proposed Entergy Rate Increases (2) Section 551.087 Government Code - To Discuss Incentives As To Call Centers (3) Section 551.072 Government Code - To Discuss The Value Of Land At 528 W. 6t" Street (4) Section 551.087 Government Code - To Discuss Incentives At The Business Park *The Items In Executive Session M<~y Be Discussed And Acted On In Open Session X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Items For Future Agenda Consideral:ion Or Reports From Staff May Be Requested But No Discussion Of Any Item Or Request Shall Take Place XI. ADJOURNMENT OF MEETING 6 RULES OF DECORElM ~ pERS©~ ADDRESSING COt~NCIL 8~ AUCIENCE MEMBERS >~ Ra~~~ br Prate, Prestdiag O(flur. 9 OA7rcer. No Perron shalt'addrass the Coundi without last being rrmgnlsed by the ~ ~ g Ptoaed~ Lhnltadon on dlscussl~ and uestion voice far thel~p~ne Pmvtded 1br the ~ of tfie Pvbik and g' loch Person addressing !6s Coandt~ shag step that wb~aCt he wlahes tai ~ hb uame and addrm la an audible bona of ocgaobatlon ~ ~ Peron; and Mess •s~ whont•he t: tepresentlag i! hie eta an remartcs ~ ttv~e {3"j adnatks, !Ip' ~ ~~ ~ ~~ ti'~I ~$~4l wEc of 3hs Caet~. shop Ott h1s ther~eaf. No Person otl~ar gtaa ~ ~ wed ~ 1Nu: fouadl~ as a irltote and pat tie auy clamber e~ntar ls6a ~y d~~~ Cowwii and. the. peP~ the :Ao~ae.sttaalt tr paeNt~d .~ :-. ~ h a ~"a! the faia~aE, ~broi't~t.p~ns~oa of the ~ ~~~~ ~ ~~ . impettlao~rt, i~ CbstfraA; ~ peAen: . ~~ssty or tt~- ate: toad, ttvaeeaatng a. ~ ~'0ti~°~-~ - saiidq, ar peofani-eat~nia or who ar tl1e - ar engages} a nay diisoe+desir aaedadt which woatd a01m"~- may: at ttw diserettoa . O0°da~, file arde~ ~ tthe ! aetoey and iE sach aandud ~ ~ tlwt ~~• ~ a~wf boned tlk+oa~t tinl5er a~ne~e ~oe+a the; ~` ~i~a~er. °1'~ exoe.ac ~ a moiiroe lays. been .+ad. a das~e~, aeni6er. et tt~ tabrte sha0 add,NS Wa Cotntd .lhom life au~8enoa on. ~ ~ and~e~ 3, sips' a°'OOQ~' ~ nadortty uade of tl~e City CoancA. speed+QS for or against nay wt~o has anna~ ee does annoan~ ~~ °~ign ~~ ot'd~d oa a baRat for ~. ~ fame 4 ~`~ ~ ~ Pe+~oe to the audience slraq ~~ of ~ e:~g P~fa~e a ~e ~ r mnd~t s~ a: hand dapping, disiaurbs the pease and goad oe+der of the aseeti~ per Ong, and similar d whtd~ conduct 7. enotl~cturo ~ ~ ~~9~ L~mlbtWns on a:a of suit Qghting tr,r~ telavtslon and and oc crNte the least amount of interferenaa widt oe~ dkEurbanae of Caundl proeeed'u+gs 8. pates yoct t° t!~° tw(iQa an tom la ~~~' ~a~O~+r °~ t~~ Agsbts!' Ied~itdvi/ CAfM fnrplbr+ees. No person shall malts Y P . t, spedflc alkgattoR, or a+aege against an ~lndivtduat Em t. unless tie.Aist shotiirs that he has"puesued aPProPrmta adminis6Fatnre monads: ~ name in a.public meeting ENFORCEl~IEN~` OP DECORUlH warring. Art pennons shall at the ragt~t of the t- JlaRrorraG If, after receiving a warning lbrtt y1e ~~ Ottleee; 6a silent; Officer may order him ~ ~Ve hLt~self tbm theng~ h~etd~ 'not nwelf, li~e9Ptesiding O!'t't~' may. order the Sergeant atAa eeenove him, Raiir~iirg ReirnoviL Any pers~ who resist romoval by the Sixgeant-at-aea~s malt its thacged viritlt viotadng Y 7.U, tbnat Cade 42.as. IKagarts To girl6rc+s. Any Coandlmember may move m }equine the thasidtng r to enfareo this division, and the affirmative rote of a ma~orlLy of the Courtdt shstl requite htrr~ to do sati RULES OF PItOCE~lt1RE The City Secretary shall make pubit4 in accordance with the Texas Open Maettrrgs ~ law, an agenda taantainitrg ail dullness to be discussed at a n+eeting of the Clty Caundi. ant Reaoerti'nd T'a a` flea~d e.. ~„ anll matter' e+ax da sob Hall {1! Residents. Any, resident who wishes to address the Council an itonrtsidents. Any rtanreside_~t w1s thing trs a d~ the aunicll shalE nod~lhe Q ~S'ecr~ nd s ed hi9.s lntewrsst2n the matter being canstdered. The C1ty Secretary sha11 present such ~ ~ ~ . P placing the name or[ the Agenda. ~ r'equ~t ~ the Presiding at'ficer.fo~ approval befar~a Saecdtle,Iaerda ~ ~•• After a motdan, second and dlscussfon by the Ciity Caundl an any spaditc agenda item, and 't-efore a rot= is fatten, the Psesidirrg Cft^lcar shall recognize any dtizan lei the audience inrisirie9 to address•the council on ouch- Item, whn shall be permitted to oddness the Caundl thereon for a period of three {33 minute. "SpecaftC Agenda Stems° are deRaed as any item specified on the N.otlca of t~laetic~g pasted for purposes of the Texas Open Meetings t.aw and which becomes the sub~e~t of a motion before the Cauncit. ~,, nrt rflarr~_ 7i.rus ~~Port Arthur Wins `With Census 2010 CompCete Count" APRIL 1, 2010--CENSUS DAB Get Counted for Port Arthur! Let's stand up for the future of our "City by the Sea"! Each year the federal government distributes over $400 Billion dollars in funds-direct/yimpac~ted by the Census count. ~~~ ~~nsus it s in our Hands 2010 Census: lt's in YOUEi Hands! GET COUNTED! Honorable Deloris "Bobbie" Prince Mayor 1,409) 983-8105 CONTACT I]vFORMATION: Billy Pruett U. S. Census Bureau Partnership Specialist (832)314-7797 Dr. Albert Thigpen Chair Complete Count Committee (409) 983-8218 c~„~ „~ - ort Ronald Burton Complete Count Committee (409)983-8135 Go~ V Census it s ~n our Hands