HomeMy WebLinkAboutOCTOBER 19, 2010 REGULAR MEETING DELQRIS "BOBBNE" PRI!VCE, MAYOR ;� � STEI'HEN FI7CZGIBBONS
MORRIS :11,BRIICH7', I II, MAYOR PRO TEM �\ CITY MANAGER
en�r
COU�CIL MEMIBE:RS�: C[ty Of �'ry TERRI HANKS
JACK CHA."I MA.�. JR. �j CITY SECRETARY
ELIZABF.TH "L17," SF.GLER � � �
MAR"I IN FLOOD VAL TIZENO
JOH1� BEARD, JIR. O r t r t It U�_ CITY ATTORNEY
ROBERT E. WII.I,IAMSON
D. KAY w'ISE Texas
THOMAS .�. IHEIVDER'SON
City Council
Regular Meeting
October 19, 2010
5:30 p.m.
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City Council Meeting
City Hall Council Chamber
City Of Port Arthur
October 19, 2010
5:30PM
PLEAaE TURN OFF OR MUTEALL CELL P,HONES
I. INVOCATION, PLEDGE & ROLL CAL�
May�r Prince _
May�r Pro Tem Albright III _
Councilmember Chatman
Councilmember Segler _
Gouncilmember Flood
Councilmember Beard
Councilmember Williamson
Councilmember Wise
Cou�cilmember Henderson
City Manager Fitzgibbons _
Acting City Secretary Bellard _
City Attorney Tizeno _
Sergeant At Arms:
Police Chief Blanton Or Designee _
II. PRQCLAMATIONS & MINUTES
Proc lamations
Min
Octc�ber 5, 2010 Regular Meeting
III. PETITIONS & COMMUNICATIONS
A. S�eakers
(1) Mary Woods Regarding Recycling In Texas
(2) Phyllis Burris Regarding Water Department Issues
(3) Rocky Barnett Regarding City Streets ,
AGENI�A
OCTOIBER 19, 2010
III. PETMTIONS & COMMUNICATION - CONTINUED
B. Presentations
(1) Presentation By University Of Texas College Of Architecture -
Community Design Center
(2) Presentation By Justin Vincent �2egarding Southeast Texas Medical
Research Institute
(3) Presentation By Attorney Lance Fox Regarding RV Park Ordinance
G. Correspondence
None
IV. PUBLIC HEARINGS - 7:00 PM
I�ona
V. UNFINISHED BUSINESS
The Following Items Of Business Were Held From The Previous Meeting
At V�✓hich No Action Was Taken On These Items: None
VI. CONSENT AGENDA
N01"ICE TO THE PUBLIC: The FolNowing 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
Beirag 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Withdrawn For Individual Consideration In Its Normal Sequence After The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 Alfa Wasserman, West
Caldwell, NJ In The Amount Of $7,000 For The Annual
Maintenance Agreement For The Alera Chemistry Analyzer At The
Health Department
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AGENDA
OCT013ER 19, 2010
VI. CONSENT AGENDA - CONTINUED
B. Consideration And Approval Of Payment To Horiba Medical, Inc.,
Irvine, CA In The Amount Of $6,620.04 For The Annual
Maintenance Agreement For The Pentra 80XL Hematology
Machine At The Health Department
C. Consideration And Approval Gf Payment To Gulf State Crane &
Equipment Co. Inc., Leander, TX In The Amount Of $5,607.24 For
Repairs To A 1996 International Front Loader Bucket Dump Truck
(Equipment #1214)
D. Consideration And Approval Of Payment To B&P Process
Equipment Company, Houston„ TX In The Amount Of $43,120 For
Gearbox Repairs/Replacement To An Alfa Laval Centrifuge For The
Utility Operations Department (WVater Purification Division)
E,. Consideration And Approval Of Payment To Frank's Medical Mart,
Beaumont, TX In The Amount �Of $10,768.84 For The Purchase Of
Medical Supplies For The Health Department
F. Consideration And Approval Of Payment To APAC, Texas,
Beaumont, TX In The Amount Of $8,254.12 For The Purchase Of
Hot Mix
G. Consideration And Approval Of Payment To Rural Pipe And Supply,
Jasper, TX In The Estimated Amount Of $10,561.80 ($352.06
Each) For The Purchase Of 1.5 Inch Badger Water Meters
H. Consideration And Approval Of Payment To The Southeast Texas
Regional Planning Commission In The Amount Of $29,756.84 For
Fiscal Year 2011 Dues And Pragram Support
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AGENDA
OCT013ER 19, 2010
VI. CONSENT AGENDA - CONTINUED
Resolutions - Consent
(�) P. R. No. 16016 - A Resolution Authorizing The City Manager To
Execute A Contract With MCCadvantage For The Purpose Of
Processing And Mailing Water Billing Statements
(1) P. R. No. 16108 - A Resolution Authorizing The City Manager To
Accept The Real Property Donation Located At 237 6 Street From
Tammy And Ray Earnest
(3) P. R. No. 16143 - A Resolutic►n Calling For A Public Hearing To
Consider A Proposed Street �Closing Of 150 Feet Of South 7tn
Avenue (Section Located Between Lots 7-12, Block 7, Range 5 And
Lots 7-9, Block 8, Range 5), Sabine Pass, Jefferson County, Texas
(A10-03 [ST. CLSG] - City Of Part Arthur
(4) P. R. No. 16145 - A Resolution Authorizing Additional Services For
The Contract Between The City Of Port Arthur And Neches
Engineers Of Beaumont, Texas For Engineering And Design
Services For City Hall Energy Efficiency Upgrades And Increasing
The Budget For This Engineering Service By $90,000 To A Total Of
$262,500. Project ENG001, 135-1209-531.54-00
(5) P. R. No. 16147 - A Resolution Authorizing The City Manager To
Execute A One Year Contract Between The City Of Port Arthur And
Swagit Productions LLC, Far The Provision Of On-Demand
Streaming Video Of City Counc:il Meetings At A Cost Of $4,500 Per
Year. Account 001-1034-515.54-00
(6) P. R. No. 16151 - A Resolution Approving Water And Sewer
Adjustment To Certain Utility Arcounts
(7) P. R. No. 16152 - A Resolution Accepting A$100,000 Supplemental
Environmental Project Agreement With The Texas Commission On
Environmental Quality For The Alternative Fuel Vehicle And
Equipment Program
4
AGENDA
OCT013ER 19, 2010
VI. CONSENT AGENDA - CONTINUED
(8) P. R. No. 16153 - A Resolution Authorizing The City Manager To
Enter Into A Professional Services Contract With J. S. Edwards &
Sherlock Insurance Agency For Employees Health Insurance
Consulting Services At A Cost Of $2,075 Per Month ($24,900 Per
Year) Effective 11/1/2010. Fund No. (S): 614-Health Insurance
Fund
(9) P. R. No. 16154 - A Resolution Approving Closing The Economic
Incentive Contract And Loan Agreement Between Triangle Waste
Solutions, LLC And The City Of Port Arthur Section 4A Economic
Development Corporation
(10) P. R. No. 16155 - A Resolution .Approving The Continuing Usage Of
The Legal Services Of Germer Gertz, L.L.P. Law Firm By The City
Of Port Arthur Section 4A Econumic Development Corporation
(11) P. R. No. 16156 - A Resolution Approving Terminating A Contract
For The Mowing Of The Highway 73 Business Park Between
Grasshopper Lawn Service And The City Of Port Arthur Section 4A
Economic Development Corporatior�
(12) P. R. No. 16157 - A Resolution Approving A Grant To The City Of
Port Arthur For Exterior Renovation To The Police And Court
Facility Under The Operation Downtown Site Improvement Grant
Program
(13) P. R. No. 16158 - A Resolution Authorizing The City Manager To
Renew Maintenance On GIS Software From ESRI, Inc., Of
Redlands, CA In The Amount Of $5,000. Account No. 001-1034-
515.54-00
(14) P. R. No. 16159 - A Resolution Authorizing The Execution Of A
Contract For Professional/Technical Services Between The City Of
Port Arthur And Carroll & Blackman, Inc. Acting Through Kim L.
Carroll, P.E., President, For Certain Professional Engineering
Services Related To The Texas Pollutant Discharge Elimination
System Phase II Storm Water Discharge Permit In The Amount Of
$13,318.67. Drainage Account No. 001-1204-531.59-01
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AGENDA
O�TOIBER 19, 2010
VI. CONSENT AGENDA - CONTINUED
(15) P. R. No. 16160 - A Resolution Approving Change Order #1 With
EE&G Construction & Electrical Of Bacliff, Texas For Floor Repair
At The Department Club For The Amount Of $1,796.76. (Account
No. 140-1405-551.56-00, M08009)
(16) P. R. No. 16161 - A Resolution ,Authorizing A Letter Of Confirmation
With Sungard Public Sector, Inc. For Training On The Customer
Information System In An Estimated Amount Of $7,440
(17) P. R. No. 16162 -A Resolution N�evising The Scope Of Services For
The Contract Between The Gity Of Port Arthur And Bob Shaw
Consulting Engineers Of Port Arthur, Texas For Engineering Design
And Construction Management For Drainage Improvements To
Zwolle Ditch, Increasing The T�erm Of This Contract By 412 Days
Until June 1, 2011, For No Additional Cost
(�8) P. R. No. 16163 - A Resolutio�n Authorizing The City Manager To
Negotiate A Contract Between DSW, Homes, LLC Of Beaumont,
Texas And The City Of Port Arthur For The Construction Of Five (5)
Single Family Residences Through The Home Program In The
Housing Division
(19) P. R. No. 16164 - A Resolutian Authorizing The City Manger �o
Execute Change Order No. 01 To The Contract Between The City
Of Port Arthur And Excavatars & Constructors, LTD. For The
Flexible Base Street Repairs Project, Extending The Contract By 60
Days, And Increasing The Contract Amount By $13,945.00 To A
New Total Of $725,401.75. Account #001-1203-531.86-00
(20) P. R. No. 16166 - A Resolution Amending The Agreement Between
Lamar State College Port Arthur (LSCPA) And The City Of Port
Arthur For The Use Of The City's Baseball Field At Martin Field
Extending The Agreement To August 31, 2024
6
AGENDA
OGTOE3ER 19, 2010
VL �CONSENT AGENDA - CONTINUED
(2.1) P. R. No. 16167 - A Resoluti�n Authorizing Acceptance Of The
Engineer's Certificate Of Corr�pletion From Michael D. Hunkler,
P.E., Of Gresham Smith And Partners, The Contractor's Certificate
And Release And Contractor's �ertificate Of Guarantee, Both From
All Star Plumbing, Inc. For The Completion Of Public Water And
Sanitary Sewer System Improvements To Serve The Dollar General
Store Development On West Port Arthur Road Near 66 Street,
And Authorizing The City Manager To Sign The Certificate Of
Acceptance On Behalf Of The City Of Port Arthur, Texas
(22) P. R. No. 16169 - A Resolution Calling For A Public Hearing To
Consider Abandoning, Vacating And Relinquishing Of All Public
Rights And Interest For Unimproved Surfaces Included Within Tract
8 And Tracts 10 Through 18, Which Consist Of Approximately
22.36 Acres Of Land (Includes Parts Of South 11 And Granger
Street), John McGaffey League, Abstract No. 167, Sabine Pass,
Jefferson County, Texas (A10-Q2 - JEANETTE LABOVE)
(23) P. R. No. 16170 - A Resolution Accepting A Water Utility Easement
From The Port Arthur Independent School District For The
Construction, Installation, Laying, And Maintaining Of Water Utilities
Through The Thomas Jefferson Middle School Property In The City
Of Port Arthur
(24) P. R. No. 16171 - A Resolution To Amend The FY 2009-2010
Contract Between The City Of Port Arthur And The Department Of
State Health Services, WIC Card Participation
(25) P. R. No. 16172 - A Resolution Amending The FY 2010-2011
Contract Between The City Of Port Arthur And The Department Of
State Health Services, Immunization Branch-Locals
(26) P. R. No. 16182 - A Resolution Authorizing The City Manager To
Enter Into An Interlocal Agreement With Jefferson County For The
Operation And Maintenanc� Of Veterans Memorial Park
(Requested By Mayor Prince)
(27) P. R. No. 16183 - A Resolutian Authorizing The City Manager To
Accept The Real Property Donation From Romona Bellard Located
At 5100 Grant Avenue
�
{
AGENDA
OC 19, 2010
VII„ ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT
A. Resolutions
P. R. No. 16165 - A Resolution Supporting The Southeast Texas
Biomedical Research InstitutH (Requested By Councilmember
Beard)
B. Ordinances
(1) P. O. No. 6114 - An Appropriatian Ordinance Amending The Budget
For The Fiscal Year Beginning October 1, 2010 And Ending
September 30, 2011
(2) P. O. No. 6116 - An Ordinance Amending Chapter 10 Animals
Section 10-124 Cleanup Of Trail Rides By Adding Subsection (B)
Prohibiting Individual Horse Riders In The City; To The Code Of
Ordinances Of The City Of Port Arthur, Providing A Penalty For
Violations By Fine Not Exceeding Two Thousand Dollars; And
Providing For Publication And An Effective Date Immediately After
Publication
(3) P. O. No. 6119 - An Ordinance Authorizing Two (2) Special
Warranty Deeds 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 t� Community Affairs (TDHCA)
(4) P. O. No. 6120 - An Ordinance Amending Section 110-254 To The
Code Of Ordinances
G. *Reports And Recommendatior�s
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. ADJOURNMENT OF MEETING
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AGENI�A
OCTOIBER 19, 2010
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NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May
Elec� To Recess The Meeting And Reconvene At 8:30AM On October 20,
201CI. During The Recess, No Action Will Be Taken On Any Item Of
Remaining Business And No Executive Sessions Will Be Held To Discuss
Any Matters, All In Accordance With The Open Me etings Law
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9
RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS
1. Recog�yitionr by Presiding O�ce� No person shall address the Council without first being reccrgnized by
the PrE�siding O�cer.
2. Speaking P�ocedure; limitation on discussion and questioning. Each person addressing the Council shall
step up to the microphone provided for the use of the public and give his name and address in ,an audible
tone o1F voice for the records, state that subject he wishes to discuss, state whom he is representing if he
repres�ants an organization or other person, and unless further time is granted by majority vote of the
Council, shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Ca►uncil as a
whole and not to any member thereof. No person other than members of the Council and t;he person
having the floor shall be permitted to enter into any discussion, whether directly or through a rnember of
the Coiuncil, without the permission of the Presiding Officer.
3. Impro��er References, Disorder/y Conduct By �Person Addressing The Councif; Any persoin making,
expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane
remarN;s or who willfully utters loud, threatening or abusive language, or engages, in any disorderly
conduct which would impede, disrupt, or disturb the orderly conduct, the order by the Presidi�ng Officer,
and if such conduct continues, may, at the discretion of the Presiding O�cer, be ordered barred from
further• audience before the Council during that Meeting.
4. Addresses Atter Motion Made o� Public Hea�ing C/osed: Af�er a motion has been made or a pubNic hearing
has been closed, no member of the public shall address the Council from the audience on t;he matter
under ��onsideration without first securing permission to do so by majority vote of the City Couricil.
5. Campa�ign Speeches Prohibiteal. No persons will be allowed to address the City Council try making
campaiign speeches for or against any candidate who has announced or does announce his in�tention to
run, or issue already ordered on a ballot for election.
6. Disorder/y Conduct. No person in the audience shall engage in disorderly conduct such as hancl clapping,
stamping of feet, whistling, using profane language, yelling, and similar demonstrations, whic;h conduct
distur6�s the peace and good order of the meeting.
7. Limitaifions on Use of Supp/ementa/ Lighting. Limitations on use of supplemental lighting for television
and m��tion picture cameras to create the least amount of interference with or disturbance of Council
proceedings and/or discomfort to the public.
8. Persorns Having Comp/aints, A//egations, or Charges Against Individua/ City Emp/oyee� No pe:rson shall
make �any complaint, specific allegation, or charge against an individual City Employee by mame in a
public meeting unless he first shows that he has pursued appropriate administrative channels.
ENFROCEMENT OF DECORUM
Wa�ning, All p�ersons shall at the request of the Presiding O�cer, be silent.
Remova/. If, �after receiving a warning from the presiding officer, a person persists in disturbing th�: meeting,
such ofFcer m�ay order him to remove himself from the meeting. If he does not remove himself, the; presiding
o�cer may or�ier the sergeant-at-arms to remove him.
Resisting Rem�ova/. Any person who resists removal by the Sergeant-at-arms shall be charged with violating
V.T.C.A, Penal Code 42.05.
Motions T'o Enforce. Any Councilmember may move to require the Presiding O�cer to enforce this division, and
the affirmativE: vote of a majority of the Council shall require him to do so.
RULES OF PROCEDURE
7he City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda cor�taining all
business to be discussed at a meeting of the City Council.�
Persons Reauestina To Be Heard On Aaenda Items (1) Residents. Any resident who wishes to address the
Council on anry matter may do so by notifying the City Secretary in accordance with the Texas Openi Meetings
Law. (2) Nonresidents. Any nonresident wishing to address the Council shall notify the City Secretary and specify
his interest in the matter being considered. The City Secretary shall present such request to the Presiding O�cer
for app�oval b�efore placing the name on the Agenda.
S,pecific Aqenda Item� After a motion, second and discussion by the City Council on any specific ag�nda item,
and before a�rote is taken, the Presiding Officer shall recognize any citizen in the audience wishing �o address
the council on such item, who shall be permitted to address the Council thereon for a period of three (3)
minutes.'RSpe�cifc Agenda Items" are defined as any item specified on the Notice of Meeting posted foir purposes
of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.