HomeMy WebLinkAbout12-14-10 REGULAR MEETING DELORIS "BOBBIE" 1PRINCE, MAYOR STEPHEN FITZGIBBONS
MORRIS ALBRIGHT, [II, MAYOR PRO TEM CITY MANAGER
Energy
COUNCIL MEMBERS'�: Clt,y O �'ty TERRI HANKS
JACK CHATMAN, JR. CITY SECRETARY
ELIZABETH "LIZ" SF.GLER
MARTIN FLOOD �_ VAL TIZENO
JOHN BEARD, JR. O!' l r t h u r CITY ATTORNEY
ROBERT E. WILLIANISON
A KAY WISE Texas
THOMAS J. HENDER50N
City Council
Regular Meeting
December 14, 2010
5:30 p.m.
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P.O. BOX 1089 ' PORT ARTHUR, TEXAS 77641-1089 ' 409/983-8115 • FAX 409/983-8291
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
December 14, 2010
5:30PM
PLEASE TURN OFF OR MUTEALL CELL PHONES
I. INVt�CATION, PLEDGE & ROLL CALL
Mayor Prince
Mayor Pro Tem Albright III
Councilmember Chatman
Councilmember Segler
Councilmember Flood
Councilmember Beard
Councilmember Williamson
Councilmember Wise
Councilmember Henderson
City Manager Fitzgibbons
Actirig City Secretary Bellard
City Attorney Tizeno
Sergeant At Arms:
Police Chief Blanton Or Designee
II. PRC>CLAMATIONS & MINUTES
Proc:lamations
Miniates
Dec�ember 7, 2010 Special Meeting
III. PET'ITIONS � COMMUNICATIONS
A. Speakers
Donald R. Frank, Sr. Regarding Community Housing Development
Organization (CHDO) Status For Affordable Housing In The City Of
Port Arthur
B. Presentations - None
C. Correspondence - None
AGENDA
DECEMBER 14, 2010
IV. PUBLIC HEARINGS - 7:00 PM
(1) To Consider A Zoning Change From Single Family To Planned
Development For Reserve Tract "B", 3.562 Acre Of Land (Property
Located North Of 75 Street [A.K.A. Jimmy Johnson Boulevard]
And West Of 9 Avenue) And Reserve Tract "C", 5.275 Acres Of
Land (Property Located South Of 75 Street [A.K.A. Jimmy
Johnson Boulevard] And West Of 9 Avenue), Fairway Estates,
City Of Port Arthur, Jefferson County, Texas
(2) To Receive Public Comment On The City's Application For 2010-
2011 Operating And Capital Funds From The Federal Transit
Administration
V. UNF'INISHED BUSINESS
The Following Items Of Business Were Held From The Previous Meeting
At V�Ihich No Action Was Taken On These Items:
P. R. No. 16209 - A Resolution Authorizing The City
Manager To Execute An Industrial District Agreement With
Chevron USA, Inc.
VI. CO�JSENT AGENDA
NOl TO THE PUBLIC: The Following Items Are Of A Routine Or
Adrriinistrative Nature. The Council Has Been Furnished With Background
And Support Material On Each Item, And/Or It Has Been Discussed At A
Pre��ious Meeting. All Items Will Be Acted Upon By One Vote Without
Beir�g Discussed Separately Unless Requested By A Council Member Or
A C.itizen, In Which Event The Item Or Items Will Immediately Be
With�drawn 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 Digital Safety
Technologies, Morrisville, NC In The Amount Of $39,050 (LETPP
2009 Grant) For The Purchase Of Seven (7) Digital Camera
Systems For The Police Department
B. Consideration And Approval Of Payment To Reis Environmental,
Houston, TX In The Amount Of $66,561.20 For The Purchase Of
Chemical Protective Clothing And Boots For The Fire Department
2
AGENDA
DECEMBER 14, 2010
VI. COMSENT AGENDA - CONTINUED
C. Consideration And Approval Of Payment To G. C. Electric, Port
Arthur, TX In The Amount Of $14,830 For Repairs To The #6 Motor
At The Main Line Lift Station
D. Consideration And Approval Of Payment To Casco Industries, Inc.,
Houston, TX In The Amount Of $42,296 For The Purchase Of Eight
MSA Self-Contained Breathing Apparatus (SCBA) For The Fire
Department
E. Consideration And Approval Of Payment To Fisher Safety,
Pittsburg, PA In The Amount Of $6,894.12 For The Purchase Of
Haz-Mat Equipment For The Fire Department
F. Consideration And Approval Of Payment To Southern Tire Mart,
LLC, Beaumont, TX In The Amount Of $24,157.12 For The
Purchase And Repair Of Tires In The Public Works Solid Waste
Division
G. Consideration And Approval Of Payment To Gillespie's Engine
Service, Inc., Port Arthur, TX In The Amount Of $15,270.01 For
Repairs To City Vehicle #1788
H. Consideration And Approval Of Payment To Doggett Heavy
Machinery Services, Houston, TX In The Amount Of $6,460.25 For
Repairs To City Vehicle #1335
I. Consideration And Approval Of Payment To C&C On-Site Services,
LLC, Port Arthur, TX In The Amount Of $12,901.58 For Preventive
Maintenance And Inspections At The Public Works Drainage And
Solid Waste Division
J. Expense Reports
Mayor Deloris "Bobbie" Prince
Use Of Personal Auto For City Business,
December, 2010 $49.00
3
AGENDA
DECEMBER 14, 2010
VI. COf�JSENT AGENDA - CONTINUED
Res��lutions - Consent
(1) P. R. No. 16174 - A Resolution Authorizing The Execution Of An
Annual Supply Contract For Tires And Tubes Through Buyboard
With Southern Tire Mart Of Beaumont, Texas, In The Estimated
Amount Of $240,000. Account: 403-1271-533.43-00
(2) P. R. No. 16230 - A Resolution Authorizing The Contract Between
The City Of Port Arthur And Allied Electrical Systems & Solutions,
Inc. Of Beaumont, Texas For The Installation Of Security System At
The Water Warehouse, In The Amount Of $15,066.45, Plus The
Maintenance Contract For $2,460 Per Year For A Total Of
$17,526.45 For This Year, From Account No. 410-1251-532.92-00
(3) P. R. No. 16231 - A Resolution Authorizing An Interlocal Agreement
For Recurring Costs Of The Regional 800 MHz Radio System With
The Cities Of Nederland, Groves, And Port Neches As It Pertains
To The Port Security Grant From The Department Of Homeland
Security
(4) P. R. No. 16232 - A Resolution Awarding A Contract To Lark Group,
Inc. In The Amount Of $19,000.00, And Authorizing The Execution
Of A Contract For The Demolition Of Six (6) Dangerous Residential
Properties (Group A-t), To Be Charged To Account No. 303-1603-
591.59-00, Project No. CIP 614
(5) P. R. No. 16233 - A Resolution Awarding A Contract To Huffman
Construction, Inc. In The Amount Of $17,700.00, And Authorizing
The Execution Of A Contract For The Demolition Of Six (6)
Dangerous Residential Properties (Group A), To Be Charged To
Account No. 303-1603-591.59-00 Project No. CIP614
4
AGENDA
DECEMBER 14, 2010
VI. CO�JSENT AGENDA - CONTINUED
(6) P. R. No. 16234 - A Resolution Authorizing The City Manager To
Negotiate A Contract With The Nelson Collaborative For Design
And The Renovation Project Of The City Of Port Arthur Transit
Administration And Maintenance Building The Project Will Be
Funded By General Grant TX90-X859 And ARRA Grant TX96-040
(7) P. R. No. 16235 - A Resolution Authorizing The City To Submit An
Application For Funding For Fiscal Year 2010-11 From The Federal
Transit Administration For Capital Improvements And Operations
For The Port Arthur Transit (PAT)
(8) P. R. No. 16237 - A Resolution Authorizing The City Manager To
Execute A Contract With Bonin Roofing Of Port Arthur, Texas, For
Replacement Of The Roof At Fire Station Number 3 In The Amount
Of $27,484; Funds Available In Account No. 001-1121-522.32-00
(9) P. R. No. 16238 - A Resolution Authorizing The City Manager To
Execute Change Order Number 1 To Purchase Order Number
145474 With A&A Electric Of Beaumont, Texas, For The Purchase
And Installation Of Generators At Fire Station Number 1 And
Central Fire Station Increasing The Amount By $5,860 To A Total
Of $96,911; Funds Available In Account No. 001-1121-522.32-00
(10) P. R. No. 16239 - A Resolution Authorizing The City Manager To
Enter Into A Cooperative Purchasing Interlocal Agreement With The
Cities Of Port Neches, Nederland, Groves And Beaumont, TX
(11) P. R. No. 16242 -A Resolution Supporting Legislation And Granting
Consent For The Creation Of Jefferson County Management
District No. 1, Containing Various Provisions Relating To The
Foregoing Subject; And Making Certain Findings Related Thereto
5
AGENDA
DECEMBER 14, 2010
VI. COhISENT AGENDA - CONTINUED
(12) P. R. No. 16244 - A Resolution Authorizing The City Of Port Arthur
To Publish A Request For Qualifications For An Energy Service
Company In Order To Enter Into A Performance Contract For An
Energy Savings Program
(13) P. R. No. 16246 - A Resolution Authorizing The City Manager To
Execute Change Order No. 02 To The Contract Between The City
Of Port Arthur And Excavators & Constructors, LTD. For The
Flexible Base Street Repairs Project, Increasing The Contract
Amount By $34,605.63 To A New Total Of $760,007.38. Account
#001-1203-531.86-00
(14) P. R. No. 16247 - A Resolution Approving The Sale Of Two (2.0)
Acres Of Land In The City Of Port Arthur Section 4A Economic
Development Corporation Business Park To J. Z. Russell Industries
For A Price Of $47,200.00 Per Acre
(15) P. R. No. 16248 - A Resolution Approving Additional Professional
Services By Vincent Hauser, Architect Under A Professional
Services Agreement To Provide A Preliminary Pricing Package And
Related Services Based On The Initial Design And Feasibility Study
For The Port Arthur Savings Building, 501 Procter Street, Port
Arthur, Texas
(16) P. R. No. 16249 - A Resolution To Approve The FY 2010-2011
Contract Between The City Of Port Arthur And The Department Of
State Health Services, WIC Card Participation
6
AGENDA
DECEMBER 14, 2010
VII. ITEhAS REQUIRING INDIVIDUAL ACTION - NON-CONSENT
A. Resolutions
(1) P. R. No. 16219 - A Resolution Approving A Third Amendment To
The Economic Incentive Contract And Loan Agreement Between
City Of Port Arthur Section 4A Economic Development Corporation
And Triangle Waste Properties, L.P.
(2) P. R. No. 16221 - A Resolution Authorizing The Closing Of The
Economic Incentive Contract And Loan Agreement Between
Abraham Manufacturing, Inc. And The City Of Port Arthur Section
4A Economic Development Corporation
(3) P. R. No. 16240 - A Resolution Authorizing The City Of Port Arthur
Section 4A Economic Development Corporation To Amend The
First Source Referral Agreement
(4) P. R. No. 16241 - A Resolution Amending Resolution No. 10-445 To
The Economic Incentive Contract & Loan Agreement With MPW
Industrial Water Services, Inc. And The City Of Port Arthur Section
4A Economic Development Corporation
(5) P.R. No. 16245 - A Resolution Authorizing The Purchase Of A
Voice Recorder For The Police Department In The Amount Of
$96,709. Account Number 138-1118-521.92-00, Project Code
JAG-R.
(6) P.R. No. 16254 - A Resolution Authorizing The December 28, 2010
Regularly Scheduled Council Meeting Date To Be Changed To
January 4, 2011
B. Ordinances
P. O. No. 6100 - An Ordinance Releasing, Relinquishing And
Vacating All Claims To Certain Assumed Rights-Of-Way For
Unimproved Surfaces Included Within Tract 8 And Tracts 10
Through 18, Comprising Approximately 22.36 Acres Of Land, John
McGaffey League, Abstract No. 167, Sabine Pass, Jefferson
County, Texas, Including Portions Of South 11� 12 qnd 13
Avenues, Granger Street And Mechanic Street And Providing The
Effective Date Of This Ordinance
�
AGENDA
DECEMBER 14, 2010
VII. ITEIIAS REQUIRING INDIVIDUAL ACTION - NON-CONSENT
COMTINUED
C. *Re�orts And Recommendations
(1) October, 2010 Financial Report
(2) Port Arthur Economic Development Corporation Annual Report
(3) Report On Boardwalk Maintenance (Requested By Councilmember
Henderson)
(4) Report On Bond Refunding
*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. REP'ORTS OF BOARDS & COMMITTEES
Non��
IX. ADJOURNMENT OF MEETING
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NO1�E: If Evening Meeting Extends Past 11:59PM, The City Council May
Elect To Recess The Meeting And Reconvene At 8:30AM On December
15, 2010. During The Recess, No Action Will Be Taken On Any Item Of
Rerriaining Business And No Executive Sessions Will Be Held To Discuss
Any Matters, All In Accordance With The Open Meetings Law
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s
RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS
1. Recognition by Presiding O�cer. No person shall address the Council without first being recognized by
the Presiding O�cer.
2. Speaking Procedure; 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 of voic:e for the records, state that subject he wishes to discuss, state whom he is representing if he
represents an organization or other person, and unless further time is granted by majority vote of the
Council, sh�ll limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a
whole and not to any member thereof. No person other than members of the Council and the person
having the �floor shall be permitted to enter into any discussion, whether directly or through a member of
the Council,, without the permission of the Presiding O�cer.
3. Improper l�eferences, Disorder/y Conduct By Person Addressing The Council; Any person making,
expressly o�r impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane
remarks 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 Presiding Officer,
and if such conduct continues, may, at the discretion of the Presiding O�cer, be ordered barred from
further aud�ence before the Council during that Meeting.
4. Addresses After Motion Made or Pub/ic Hea�ing C/osed, After a motion has been made or a public hearing
has been cposed, no member of the public shall address the Council from the audience on the matter
. under consideration without first securing permission to do so by majority vote of the City Council.
5. Campaign .Speeches Prohibiteal. No persons will be allowed to address the City Council by making
campaign speeches for or against any candidate who has announced or does announce his intention to
run, or issuP already ordered on a ballot for election.
6. Diso�der/y �:onduct; No person in the audience shall engage in disorderly conduct such as hand clapping,
stamping o� feet, whistling, using profane language, yelling, and similar demonstrations, which conduct
disturbs thF peace and good order of the meeting.
7. Limitations on Use of Supp/ementa/ Lighting. Limitations on use of supplemental lighting for television
and motion picture cameras to create the least amount of interference with or disturbance of Council
proceedings and/or discomfort to the public.
8. Persons Having Comp/aints, A//egations, or Charges Against Individua/ City Emp/oyee�. No person shall
make any c:omplaint, specific allegation, or charge against an individual City Employee by name in a
public meeting unless he first shows that he has pursued appropriate administrative channels.
ENFROCEMENT OF DECORUM
Wa�ning. All persons shall at the request of the Presiding Officer, be silent.
Removal, If, after receiving a warning from the presiding o�cer, a person persists in disturbing the meeting,
such officer may oRder him to remove himself from the meeting. If he does not remove himself, the presiding
o�cer may order the sergeant-at-arms to remove him.
Resisting Remova/. Any person who resists removal by the Sergeant-at-arms shall be charged with violating
V.T.C.A, Penal Code; 42.05.
Motions To Enforce�. Any Councilmember may move to require the Presiding Officer to enforce this division, and
the affirmative vot�; of a majority of the Council shall require him to do so.
RULES OF PROCEDURE
7he City Secretary �hall make public, in accordance with the Texas Open Meetings Law, an agenda containing all
business to be disuassed at a meeting of the City Council.
Peisons Requestin� To Be Heard On Aaenda Items (1) Residents. Any resident who wishes to address the
Council on any maitter may do so by notifying the City Secretary in accordance with the Texas Open Meetings
law. (2) Nonreside�nts. Any nonresident wishing to address the Council shall notify the City Secretary and specify
his interest in the �atter being considered. The City Secretary shall present such request to the Presiding Officer
for approval before placing the name on the Agenda.
Svecific Aqenda Item� After a motion, second and discussion by the City Council on any specific agenda item,
and before a vote is taken, the Presiding Officer shall recognize any citizen in the audience wishing to address
the council on such item, who shall be permitted to address the Council thereon for a period of three (3)
minutes. "Specific Agenda Items" are defined as any item specified on the Notice of Meeting posted for purposes
of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.