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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. In com�liance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accomnlodations for persons attending City Council meetin�;s. 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. 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 *****,►********************«***********************«*******************,********************* 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 *****,�************************************************************************************** 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.