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HomeMy WebLinkAboutMAY 31, 2011 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR /' STEPHEN FITZGIBBONS MORRIS ALBRIGHT. III, MAYOR PRO TEM Ciro r ,/ _: CITY MANAGER COUNCIL MEMBERS: TERRI HANKS RAYMOND SCOTT, JR. o r t r t h u r " CITY SECRETARY ELIZABETH "LIZ" SEGLER TP_YCIS MARTIN FLOOD VAL TIZENO JOHN BEARD, JR. CITY ATTORNEY ROBERT E. WILLIAMSON D. KAY WISE KERRY "TWIN" THOMAS AGENDA City Council Regular Meeting May 31 2011 5:30 p.m. 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 May 31, 2011 5:30PM PLEASE TURN OFF OR MUTE ALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Albright III _ Councilmember Scott, Jr. Councilmember Segler Councilmember Flood _ Councilmember Beard _ Councilmember Williamson _ Councilmember Wise _ Councilmember Thomas _ City Manager Fitzgibbons Acting City Secretary Bellard City Attorney Tizeno _ Sergeant At Arms: Police Chief Blanton Or Designee_ II. PROCLAMATIONS & MINUTES Proclamations Minutes April 19, 2011 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers Zulema Escobedo & Pastor Carlos Torres Regarding Soccer Field In Port Arthur B. Presentations (1) Knight & Partners On The 2011 Redistricting Process (2) Siemens Industry - Performance Contracting Workshop C. Correspondence None IV. PUBLIC HEARINGS - 6:00 PM - None AGENDA MAY 31, 2011 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. 16416 - A Resolution Approving A Technical Assistance Agreement Between The City Of Port Arthur, Texas, The City Of Port Arthur Section 4A Economic Development Corporation And National Development Council For The Period Of June 1, 2011 Through June 1, 2012, Account No. 120 - 1429 - 582.54 -11 (2) P. R. No. 16437 - A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Contracting The Services Of Cheval Noir Media Of Port Arthur For The Printing And Mail -Out Of A New Semi - Annual PAEDC Newsletter (3) P. R. No. 16438 - A Resolution Approving A Grant To Lamar State College -Port Arthur For Burying Or Relocation Of Overhead Utilities And Replacing The Existing Utility Service In An Eight Block Area Under The Operation Downtown Site Improvement Grant Program (4) P. R. No. 16439 - A Resolution Approving A Modification To The Cost And Services Of Engineering Work For The Downtown Pavilion Under The Operation Downtown Site Improvement Grant Program In The Amount Of $19,684.00 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, 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 Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Consideration And Approval Of Payment To Siemens Water Technologies Corporation, Dallas, TX And ALTIVIA Corporation, Houston, TX For The Purchase Of Water Treatment Chemicals For The Utility Operations Department 2 AGENDA MAY 31, 2011 VI. CONSENT AGENDA - CONTINUED B. Consideration And Approval Of Payment To A &B Laboratories, Houston, TX And CHEMTEX, Port Arthur, TX For Laboratory Services (Pretreatment Testing) For The Utility Operations Department C. Consideration And Approval Of Payment To Hi -Way Equipment Company, Beaumont, TX In The Amount Of $6,500 For Rental Of An XL3100 Gradall For The Drainage Division Resolutions - Consent (1) P. R. No. 16458 - A Resolution Authorizing The City Manager To Enter Into A Cooperative Purchasing Interlocal Agreement With U. S. Communities Cooperative Purchasing Program (2) P. R. No. 16459 - A Resolution Authorizing The City Manager To Enter Into A Cooperative Purchasing Interlocal Agreement With H- GAC Cooperative Purchasing Program (3) P. R. No. 16460 - A Resolution Authorizing The City Manager To Enter Into A Two Year CompleteLink And High Volume Calling Agreement Between The City Of Port Arthur And AT &T Funding For This Service Is Available In Object Code 61 -03 Of Departmental Accounts (4) P. R. No. 16461 - A Resolution Awarding A Contract To ICU Environmental, Health & Safety For Asbestos And Lead Abatement Consulting Services, To Be Charged To Account No. 105 -1431- 552.54 -00, Project No. C35120 (5) P. R. No. 16462 - A Resolution Authorizing The Finance Director To Execute A Financing Agreement For Water, Sewer And Garbage Charges With Impact United Methodist Church, For $10,794.02 (6) P. R. No. 16463 - A Resolution Designating And Establishing The Zachary Breaux Jazz Festival Entertainment Area For 2011, Designating Heritage Life Center Of St. Paul United Methodist Church As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Heritage Life Center Of St. Paul United Methodist 3 AGENDA MAY 31, 2011 VI. CONSENT AGENDA - CONTINUED (7) P. R. No. 16464 - A Resolution To Amend The FY 2010 -2011 Contract Between The City Of Port Arthur And The Texas Department Of State Health Services For Primary Health Care Grant Funds In The Amount Of $57,188 (8) P. R. No. 16465 - A Resolution Approving An Amendment To The FY 2010 -2011 Contract Between The City Of Port Arthur And The Department Of State Health Services For Title V Fee For Service Child Health And Dental Services For An Amount Not To Exceed $30,000 (9) P. R. No. 16466 - A Resolution Approving A Contract Amendment Between The City Of Port Arthur And The Department Of State Health Services For The Community Preparedness Section / Public Health Emergency Response (PHER) Focus Area 1 As Shown By Amendment No. 001D (10) P. R. No. 16467 - A Resolution Authorizing The Second Year Of The Existing Contract With American Personnel & Temps Of Beaumont, Texas For School Crossing Guard Services For The Police Department In The Amount Of $11.81/Hr., Not To Exceed $66,727.30 Annually, To Be Charged To Account No. 001 -1101- 521.54 -00 (11) P. R. No. 16469 - A Resolution Awarding A Contract To The Lowest Responsible Bidder And Authorizing The Execution Of The Contract For Janitorial Services To C & C Of Port Arthur, Texas For The Parks And Recreation Department In The Amount Of $15,260.00 For An Initial One (1) Year Period With An Option To Renew For Up To One (1) Additional Year At The Original Bid Amount. Account No. 001- 1402- 551.32 -00 (12) P. R. No. 16470 - A Resolution Authorizing The Submission Of A Contract Amendment #6 Request For The Community Development Fund Contract Between The City Of Port Arthur And The Texas Department Of Rural Affairs (TDRA), Contract Number DRS010148 4 AGENDA MAY 31, 2011 VI. CONSENT AGENDA - CONTINUED (13) P. R. No. 16472 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And The Texas Parks And Wildlife Department For The City To Extend Its Public Water System To Serve Sea Rim State Park, In The Total Estimated Amount Of One Hundred Thirty Five Thousand Nine Hundred Eighty Four Dollars ($135,984). Funds Are Available In Fund No. 419, Project No. 419903 (14) P. R. No. 16473 - A Resolution Authorizing The Mayor, The City Manager, And /Or 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 June 9, 2011 At 9:00 A.M. Regarding The Issuance And Approval Of Port Arthur Navigation District Industrial Development Corporation Exempt Facilities Revenue Bonds (TOTAL Petrochemicals, USA, Inc. Project) Series 2011 In The Aggregate Principal Amount Of $100,000,000, As Per 26 USCS Section 147 (15) P. R. No. 16475 - A Resolution Authorizing Contract Amendment No. 4 To 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, Increasing The Budget By $20,000 To A New Total Of $282,500 (16) P. R. No. 16477 - A Resolution Approving The Demolition And Clearance Of Thirty -Five (35) Commercial Properties That Were Damaged As A Result Of Hurricane Ike. Texas Community Disaster Recovery Funding Will Be Used To Demolish These Structures; The Account No. Is 141 - 1201 - 532.59 -00, Project No. ORDEMO. [Contract Number DRS010148] (17) P. R. No. 16479 - A Resolution Authorizing The Execution Of A Contract For The Purchase Of Fire Hydrants For The Utility Operations Department With HD Supply In The Total Estimated Amount Of $114,110 (Unit Prices As Shown In The Attached Bid Tabulation). Funds Are Available In Account No. 410- 1253 -532- 35.00 5 AGENDA MAY 31, 2011 VI. CONSENT AGENDA - CONTINUED (18) P. R. No. 16480 - A Resolution Authorizing The Execution Of A Contract (Second Year) For The Purchase Of Liquid Sodium Bisulfite For The Utility Operations Department With Calabrian Corporation In The Annual Estimated Amount Of $80,700. Funds Are Available In Account No. 410 - 1256- 532.29 -00 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P. R. No. 16468 - A Resolution Approving Awarding Of Bid For Grass Cutting Services At The Spur 93 Business Park By The City Of Port Arthur Section 4A Economic Development Corporation And Authorizing The Execution Of A Contract To North Star Unlimited (2) P. R. No. 16474 - A Resolution Amending Resolution No. 11 -081 Between The City Of Port Arthur Section 4A Economic Development Corporation And Texas Gas Service To Provide Prepayment For A 4" Gas Main To Serve Performance Blasting & Coating, LP And Team Fabricators Along The Procter Street Extension (3) P. R. No. 16478 - A Resolution Granting The City Of Port Arthur Section 4A Economic Development Corporation Relief From Section 98 -215, Sub - Section B Of The City Of Port Arthur Code Of Ordinances Pertaining To The Requirement For Installation Of Underground Utilities (4) P. R. No. 16481 - A Resolution Of The City Of Port Arthur, Texas, Establishing Guidelines For Persons Submitting Specific Redistricting Proposals During The 2011 Redistricting Process; And Providing For Related Matters P. R. No. 16481 - Resolucion De La Ciudad De Port Arthur, Texas Que Adopta Los Criterios Para El Uso En El Proceso De Dividirse Otra Vez En Los Distritos 2011; Y Proveyendo Por Cosas Relacionadas 6 AGENDA MAY 31, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (5) P. R. No. 16482 - A Resolution Of The City Of Port Arthur, Texas, Adopting Criteria For Use In The 2011 Redistricting Process, And Providing For Related Matters P. R. No. 16482 - Resolucion De La Ciudad De Port Arthur, Texas Que Establece Las Pautas Para Las Personas Que Someten Ofertas Especificas De Redistritacion Durante El Proceso De Dividirse Otra Vez En Los Distritos 2011, Y Proveyendo Por Cosas Relacionadas (6) P. R. No. 16483 - A Resolution Appointing And /Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation B. Ordinances P. O. No. 6151 - An Appropriation Ordinance Amending The General Fund Budget For The Fiscal Year Beginning October 1, 2010 And Ending September 30, 2011 By $171,000 In Order To Fund The Renovations At The Central Fire Station And $20,000 For The Final Implementation Of The Energy Efficiency Upgrades C. *Reports And Recommendations Discussion On Police, Fire And Municipal Court Improvements *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 NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On June 1, 2011. 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 Meetings Law *.********************.*************.********.*************** .. * * * * * * * * * * *. * * * * * *. * * * * * * * * ** RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 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 voice 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, shall 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 Officer. 3. Improper References, Disorderly Conduct By Person Addressing The Counci4 Any person making, expressly or 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 Officer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made or Public Hearing Closed. After a motion has been made or a public hearing has been closed, 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 Prohibited. 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 issue already ordered on a ballot for election. 6. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supplemental 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 Complaints, Allegations, or Charges Against Individual City Employees. No person shall make any complaint, 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. ENFORCEMENT OF DECORUM Warning. All persons shall at the request of the Presiding Officer, be silent. Removal. If, after receiving a warning from the presiding officer, 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 officer may order the sergeant -at -arms to remove him. Resisting Renroval. 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 vote of a majority of the Council shall require him to do so. RULES OF PROCEDURE The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Persons Requesting To Be Heard On Agenda Items (1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in accordance with the Texas Open 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 Officer for approval before placing the name on the Agenda. Specific Agenda Items. 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.