HomeMy WebLinkAbout02-23-10 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR
ELIZABETH "LIZ" SEGLER, MAYOR PRO TEM
COUNCIL MEMBERS:
JACK CHATMAN, JR.
MORRIS ALBRIGHT, III
MARTIN FL,OC~D
JOHN BEARD, JR.
ROBERT E. WIL,LIAMSON
D. KAY W[SE
THOMAS J. HE,NDERSON
,ti
~~\ ~
_ ~ E~crgy
C 1 h' n f ~ ciry
ort rthu~i
TC:.kC2,S
AGENDA
City Council
Regular Meeting
February 23, 2010
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, 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
February 23, 2010
8:30AM
PLEA>E TURN OFF OR MUTEALL CELL PHONES
I. INVOCATION, PLEDGE & ROLL CAUL
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
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Bill Worsham Regarding Lamar State College Port Arthur
Distinguished Lecture Series
(2) Steve Tucker Regarding Charnpionship Basketball Minor League
Game To Be Held In Port Arthur
AGENIDA
FEBRUARY 23, 2010
III. PETITIONS & COMMUNICATIONS -CONTINUED
B. Presentations
(1) Presentation By Dr. Janis Hutchins Regarding The Certification Of
Port Arthur Business Enterprises
(2) Presentation By Bob Phillips Of Phillips Productions, Inc. Regarding
Strategic Public Relation;> And Integrated Marketing
Communications
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. 15710 - A Resolution Appointing A City Attorney For The
City Of Port Arthur And Establishing The Terms Of Employment
(2) P. R. No. 15715 - A Resolution Authorizing A Search To Fill The
City Attorney Vacancy, Providing A Timetable And Funding
Therefor
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, ,4nd/Or It Has Been Discussed At A
Previous Meeting. All Items Will Be Acted Upon By One Vote Without
Being Discussed Separately Unless F;equested 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.
2
AGENDA
FEBRUARY 23, 2010
VI. CONSENT AGENDA -CONTINUED
(A) Consideration And Approval Of Awarding A Bid To LPC (USA), Inc.,
Irvine, CA In The Estimated Amount Of $175,000 For The Purchase
Of #2 Low Sulfur Diesel Fuel For The Transit Center And
Wastewater Treatment Plant, And Dyed, Off-Road Diesel For The
Landfill
(B) Consideration And Approval Of Payment To Dell Computers,
Round Rock, TX In The Amount Of $7,861.05 For The Purchase Of
A Dell Computer Server To Upgrade The Current Police
Department Digital Video Recording System
(C) Consideration And Approval Of Payment To Dell Computers,
Round Rock, TX In The Amount Of $5,747.97 For The Purchase Of
Three (3) New Police Department Laptop Computers
(D) Consideration And Approval Of Payment To Dell Computers,
Round Rock, TX In The Amount Of $8,539.45 For The Purchase Of
Five (5) New Police And Fire Dispatch Computers
(E) Consideration And Approval Of Payment To Sam Pack's Five Star
Ford, Carrollton, TX In The Amount Of $25,498 For The Purchase
Of A 2011 Ford F-450 1-1/2 Ton Flatbed Truck For The Street
Division
(F) Consideration And Approval Of Payment To Heil Of Texas,
Houston, TX In The Amount Of $5,370 For The Purchase Of
Cameras For Residential Collections Garbage Trucks
(G) Consideration And Approval Off Payment To Mustang Tractor And
Equipment Company, Beaumont, TX In The Amount Of $6,813.03
For Repairs To A 1999 D6R Landfill Caterpillar Dozer (Equipment
#1336)
(H) Expense Reports
Mayor Deloris "Bobbie" Prince:
Use Of Personal Auto For City E3usiness,
February 1-19, 2010 $66.50
AGENDA
FEBRIJARY 23, 2010
VI. CONSENT AGENDA -CONTINUED
Resolutions -Consent
(1) P. R. No. 15712 - A Resolution Approving A Five (5) Year License
Agreement Between Kinder Morgan Tejas Pipeline LLC And The
City Of Port Arthur To Permit The Operation And Maintenance Of A
4-Inch Natural Gas Line On A Public Right-Of-Way (Old Canal
Right-Of-Way) In The City Of Fort Arthur, Texas, For The Sum Of
$3,276.00 Per Year
(2) P. R. No. 15714 - A Resolution Authorizing The Submission Of A
Contract Amendment Request For The Community Development
Fund Contract Between The City Of Port Arthur And The Texas
Department Of Rural Affairs (TC)RA), Contract Number DRS010148
(3) P. R. No. 15729 - A Resolution Authorizing Acceptance Of The
Engineer's Certificate Of Completion From Arnold Pierce, P.E. Of
JJAT Property Development, Ll_C, And The Contractor's Certificate
And Release And Contractor's Certificate Of Guarantee From
Placo, LTD. For The Completion Of Public Water System
Improvements To Serve The Port Arthur RV Resort Phase I At 2950
West FM 365, And Authorizing The City Manager To Sign The
Certificate Of Acceptance On Behalf Of The City Of Port Arthur,
Texas
(4) P. R. No. 15735 - A Resolution As It Pertains To The Golden
Triangle Veteran's Memorial Park (Requested By Councilmember
Henderson)
(5) P. R. No. 15738 - A Resolution Authorizing Acceptance Of An
Advance Payment Of $59,7`.10.89 For Hurricane Ike Related
Windstorm Damages From They City's Windstorm Insurance Carrier
(McGriff, Seibels & Williams)
(5) P. R.. No. 15742 - A Resolution As It Pertains To A Consultant
Agreement With Carl R. Grifi~ith & Associates For Professional
Consulting Services
(7) P. R. No. 15743 - A Resolution Authorizing The Extension Of The
Agreement With Linebarger, G~oggan, Blair & Sampson, L.L.P. For
The Collection Of Fines For Municipal Court
4
AGENDA
FEBRUARY 23, 2010
VI. CONSENT AGENDA -CONTINUED
(8) P. R. No. 15744 - A Resolution Certifying Urgent Need Conditions
Within The City Of Port Arthur For The Hurricane Ike CDBG
Disaster Recovery Funding From The Southeast Texas Regional
Planning Commission
(9) P. R. No. 15745 - A Resolution Authorizing The City To Lease A
DM 825 Digital Mailing System With A 15 Lb Interfaced Postage
Scale From Pitney Bowes, Inc. Of Houston, Texas At The Rate Of
$471/Month For A 54 Month Peiriod With 3 Months Free
(10) P. R. No. 15749 - A Resolution Authorizing The Mayor, The City
Manager And/Or Any Assistant City Manager To Attend And
Conduct A Public Hearing At The Offices Of The Port Of Port
Arthur, 221 Houston Avenue, Port Arthur, On March 11, 2010 At
9:OOA.M. Regarding The Issuance And Approval Of Port Of Port
Arthur Navigation District Of Jefferson County, Texas Exempt
Facilities Revenue Bonds (TOTAL Petrochemicals USA, Inc.
Project) Series 2010 In The Aggregate Principal Amount Of
$50,000,000, As Per 26 USCS Section 147
(11) P. R. No. 15750 - A Resolution Authorizing The Execution Of A
Contract Between The City Of Fort Arthur And AmeraProducts, Inc.
DBA Ameraglass Co. Of Beaumont, Texas For The City Hall And
Annex Window Glass Upgracles In The Amount Of $426,346.
Project ENG001, 135-1209-531.82-00
(12) P. R. No. 15752 - A Resolution Terminating The Contract Between
The City Of Port Arthur And ThE~ Texas Department Of State Health
Services For CHS-FEE For Service Family Planning Funds In The
Amount Of $74,599
(13) P. R. No. 15753 - A Resolution Terminating The Contract Between
The City Of Port Arthur And Thf~ Texas Department Of State Health
Services For Title X Family Planning Funds In The Amount Of
$145, 348
(14) P. R. No. 15754 - A Resolution Terminating The Contract Between
The City Of Port Arthur And ThE~ Texas Department Of State Health
Services For Title X Family Planning Funds In The Amount Of
$52,492
5
AGENDA
FEBRUARY 23, 2010
VI. CONSENT AGENDA -CONTINUED
(15) P. R. No. 15758 - A Resolutionn Approving The 2010 City Streets
Program In The City Of Port Arthur, With Funding To Be Available
In Account 001-1203-531.86-00
(16) P. R. No. 15760 - A Resolution Authorizing The City Manager To
Do All Things Necessary To Execute The Settlement Of A Claim In
The Amount Of $15,983.34 Made Against Texas Municipal League
Intergovernmental Risk Pool (l-ML) As A Result Of The Property
Damage To City Parks Vehicle #1597
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
(1) P. R. No. 15737 - A Resolution Authorizing The City Manger To
Execute A Contract With Phillips Productions, Inc. For Strategic
Public Relations And Integrated Marketing Communications
(2) P. R. No. 15747 - A Resolution Authorizing A License For The
Construction Of A Recreational Vehicle Park On 5.553 Acres Of
Land Described As Block 4, Ridgeway Addition (Property Located
South Of 25th Street And West On 9th Avenue) City Of Port Arthur,
Jefferson County, Texas
(3) P. R. No. 15761 - A Resolution Appointing And/Or Reappointing A
Member Or Members To The Library Board
(4) P. R. No. 15762 - A Resolution To Approve The 2010 Community
Development Block Grant Allocations In The Estimated Amount Of
$1,300,000 For The City Of Port Arthur
(5) P. R. No. 15763 - A Resolution Pertaining To The Port Arthur
Downtown Revitalization Board And Appointing A Member To The
Board Of Directors (Requested By Councilmember Beard)
6
AGENDA
FEBRUARY 23, 2010
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT -
CONTINUED
B. Ordinances
(1) P. O. No. 6060 - An Ordinance ,Amending The Zoning Ordinance Of
The City Of Port Arthur By AmE~nding Sections 7-100, 22-101, And
26-100 And To Include ChangE~s To The Schedule Of Uses Chart,
Special Conditions By Use, And Definitions (Violation Of This
Ordinance Is Punishable As Provided In Section 1-13 In The City
Code Of Ordinances As Ameinded By Fine Not Exceeding Two
Thousand [$2,000] Dollars); Arid Providing For Publication In The
Official Newspaper Of The City Of Port Arthur Effective Immediately
After The Publication Date (Adding The Term "Lodge" Without
Reference To Fraternal Organization)
(2) P. O. No. 6066 - An Ordinance Authorizing A Special Warranty
Deed For Conveyance Of Property To Low And Moderate Income
Residents Of The City Who ArE~ Participating In The Hurricane Rita
Housing Reconstruction Program Through The Texas Department
Of Housing & Community Affairs (TDHCA)
(3) P. O. No. 6067 - An Appropriation Ordinance Amending The Budget
For The Fiscal Year Beginning October 1, 2009 And Ending
September 30, 2010
C. *Re~orts And Recommendations
(1) December 2009 Financial Report
(2) Affordable Housing Programs
(3) Setting A Date And Time For A Joint City/EDC Meeting
(4) Report By Pleasure Island Commission Regarding Marina, Logan
Park & Other 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
FEBRUARY 23, 2010
IX.
X
*CLOSED MEETING (EXECUTIVE SESSION)
In Order To Comply With The Regluirements Of Section 551.101 Of
Chapter 551 (Open Meetings Law) Of The Texas Government Code
[Formerly Article 6252-17, Section :?(a)], Prior To Going Into Closed
Meeting The Presiding Officer Of Thee City Should Make The Following
Public Announcement:
"A Closed Meeting Or Executive Session Will Now Be Held Pursuant To
The Following Sections Of Chapter 55'1 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 (Jr Devices
Section 551.087 -Deliberations Regarding Economic Development Incentives
Closed Meeting:
(1) Section 551.072 Government Code - To Discuss The Value Of
Land Along Fourth Street BetwE:en Mobile And Shreveport Avenues
(2) Section 551.072 Government Code - To Discuss The Value Of
Land Adjacent To Adams Park
(3) Section 551.074 Government Code - To Deliberate The
Appointment Of A City Attorney
(4) Section 551.087 Government Code - To Discuss Possible
Incentives As To A Health Clinic;
(5) Section 551.087 Government Code - To Di scuss Incentives At The
Business Park
(6) Section 551.087 Government Code - To Discuss Possible
Incentives As To Call Centers
ADJOURNMENT OF MEETING
RlJLES Qp DECORDM :. pE~p~ amDRESS~NG COI~NCIL & AUD3ENCE MEMBERS
i. Reeoya~6on bj. Pnase'dlny OfMdc~ar. No Pee'son shati''address the Coundl without hest 6iln
Presiding Ory~pr. g ~+acogedzed b tfie
L Y
~~~ P-ex+edrire; Llmttadon on discussion and questioning. 'Each
up to flee mkeaphoee ptovlded for the use of the Person addressirp ttu taaadt• sha4 step
voice for the recoeds, sdtie ~ PvWk and give his aanee and address in an audlb[a boas of
bract ha wWte: to repcmentlng if hi
oc9aiatatiaa of other Person; and oNess ,flut~m y~ st:fs vrhaen•he $ mp~sents an
rematics ~ 1tv~s {5j aeinatee, ~ r+amarl~ ~ ~. ~~ ti7f ~orfly wbe of.the ~aundr~lhall ![refit his
thereof. No ~ o! fbs a'ddrs:sed ~ fife: tounedl ss a rrleo(e asid iwt to anY a1ember
Peon ether bran
eseter~ debts mry ~ Coundl and fho: peesorr ~M?!vtng the :lleiar.shad iha perenittied ~
OfRoer. °r ~c0~ a ~:aE the CesuecE, wlttfebwt t4.p~ene~isdoa of the
~' -~
inspitesdiy, Parsonay ~ '~'~"°"' Addhtt~ ~ ~- p~ a~~sty oe
+~~1- alfars:laad, ~ mar ` snidet, ar Peolani-tw~rla or who
~P~4 dtsntpt, ar d6drra ~ ~4- 01' ~q~i ~ ~Y dtsoe+da'h eoeduet which would
Cawed ~ ~~ 9 ttltiaer, Le ~a+deeed ba~dfi~as fi~i ~ ~ ~h eorrduet
~ Addresee~ Meeliry. aodknae ~e1be+Q the
Deem dosed, ~ ~ sr Prrie/fe ' ~d Mier a tanoliain has. bem etude ~ s prdsoe hearfreg~has
aonsiidferafion ~ mC Pie shaE address flea Caurd .Itvns the arriaaca an. fire awdber wader
s, seO°°e'~g-Pd'~iaa to do so by ~d«~h-raea of the C1RyCeaeall.
speedee: for er ~ No p~ wiN be adowod bo addr+ms fire plY paaxi{ Iry maidrg camWi9a
~d'f ~w+ed oet a baAot ~. who has aaeeoea~oed or does annoearoa his 1~ton b tve~e, or tears
d' ~' ~°~01~ ~ Pe+"son In the audieeeae shag engage iR
~""~ °# ~ "'~°~ a~ng P~`ane ti disorderly conderd sruh a: hand dapping,
disbur6s the Peace cad goad order d the meetl ~4er ~n9• and siritiGer d whkh eonderet
y ~~~ ~ lE~ ~~PPf ~+9Adr'ag Litaitatlaas on rete of supp(emertal pghdng tor~ tde,vision and
neotlort picture camerns bo create the least a
and(or disoon+fort to the Pu6tle mOw't ,~ intecferenee with oc disturbance of toundi proceedings
s. Pasaauw flave'iey ~~~; ~~
arty mmPlalnt, s ~~ or Cia~es Agafirsf lndivfdvs/ G71ty Enep~byres. No person shall make
pedfk allegation, or charge agaieest; an~lndivldual CIty.Empiayee by name in a_pubge meeting
erntesa be.![ist shovers brat h~ has "Pursued aPProPriata administzrative e3eannels:
ENF4R~ElNEM~' OP DEC~!lt.DM
WarnJng-Ail Penraees shall at the quest ol'tha P
Reen-oe+a6 It, after ~eeiviag a warning fhom fhe ~ ' be silent:
tlfEcer ~Y ~~ hieee !e eermove himself tkotn fife eteee~n ~~~ a person pecsisb ter dtsburbing the rneel3rtg~ such
order the Sergeant ataaeres 15o rem~e him 9. If he does etot eemove himself, the Presiding O[flcer may-
1l~ny RearovsL Any Pw'son who a esisb removal by the Sergeant-at arms shall be charged ~ieitl~ violating Y.T.C.A,
Pe:ral code 42.as.
Rta~euss To Gd6rre. Any coundfinenrber may move ~ requirn the Presiding O}iteec to enfaree this division, and the
afltreerative vote +~! a ma j~~ of ~e ~ndl shad require him. to do so.
Rl1LES OF PRflCEDt~R,E -
The Gty ~~ shat! make public in accordance with 'the Texas Open Meetings'Law, as agenda containing ail
business ~ be d'ecussed at a meeting of the ~Y council.
d~ravns Jleoevea>b'na Ta ~ X ~..a ., _
any matter may do so by natlfying the Ct fly R,esident.~. Any, resident who wishes to address the Council on
Nonresidents. IEny eronresideent wishing to addety^ess the Cbu^cit halt nod~the fl ~Secr~ Ana 3 ~d h'egs interest2~
the matter being considered. The City Secretary shall present such request to the Presiding fltficee fo ~ap~provai 3sef~are
placing the Warne art the 1lgenda.
SaedAe Agenda F ~•• After a motdon, second and discsrssiort by the t34y caundi an any spadflc agenda item, ar,d
'before a vote. !s txicert, the Presiding flfflcer shall recognize any rltizen in the aetdlance wishing to addrese~#he council
o~ se{eh itersy who snail ire Peretnitted to address the council thoe+son !or a period of three {3j minutes. lSpadflc Agenda
Items° are deftned as any item specified ort the Notice of l~aetlag posted for purposes of the Texas Open Meetings Law
and which becomrs th® subject o f a rtwtian before Ilse Council:
~"
:,.<<;,
,,~,, ~~'1SU~
nri rtlttr~~~- _,.
.. ~ ..It's in our Hand..
~(cras
"~'ortArthur
~VZ~ZS
4Nitk C~.sus 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 g6vernment distributes over $400 Billion dollars
in funds-direct/yimpac;ted by the Census count.
2010 Census: lt's in YOUiR Hands! GET COUNTED!
Honorable Deloris "Bobbie" Prince
Mayor
(409) 983-8105
CONTACT I~lFORMATION:
Billy Pruett
U. S. Census Bureau
Partnership Specialist
(832)314-7797
Dr.. Albert Thigpen
Chair
C~~mplete Count Committee
(409) 983-8218
Ronald Burton
Complete Count Committee
(409)983-8135
ZCl
~e~~us
It s m our Hand