Loading...
HomeMy WebLinkAbout6/14/11 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR STEPHEN FITZGIBBONS MORRIS ALBRIGHT, III, MAYOR PRO TEM CITY MANAGER C'iry .,f COUNCIL MEMBERS: ����� TERRI HANKS RAYMOND SCOTT, JR. o r t r t h u r "` CITY SECRETARY ELIZABETH "LIZ" SEGLER Texas MARTIN FLOOD VAL TIZENO JOHN BEARD, JR. CITY ATTORNEY ROBERT E. WILLIAMSON D. KAY WISE KERRY "TWIN " THOMAS AGENDA City Council Regular Meeting June 14 2011 8:30 a.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 June 14, 2011 8:30AM 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 III. PETITIONS & COMMUNICATIONS A. Speakers None B. Presentations None C. Correspondence None AGENDA JUNE 14, 2011 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: None 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 In The Amount Of $25,537.92 For The Purchase Of Water Treatment Chemicals For The Utility Operations Department B. Consideration And Approval Of Payment To Gulf Coast Audio, Beaumont, TX In The Amount Of $10,960 For The Purchase & Installation Of A Sound System For The Department Club C. Consideration And Approval Of Payment To Treatment Equipment Company, Houston, TX In The Amount Of $11,175 For The Purchase Of A Streaming Current Monitor For The Utility Operations Department (Water Purification Division) D. Consideration And Approval Of Payment To Vision Equipment, Spring, TX In The Amount Of $13,222 For The Purchase Of A Vertical Non -Clog Pump For The Utility Operations Department (Wastewater Treatment Division) E. Consideration And Approval Of Payment To Pump & Power Equipment, Houston, TX In The Amount Of $13,400 For The Purchase Of Two (2) Submersible Pumps And One (1) Self- Priming Sewage Pump For The Utility Operations Department (Wastewater Treatment Division) 2 AGENDA JUNE 14, 2011 VI. CONSENT AGENDA - CONTINUED F. Consideration And Approval Of Payment To Environmental Improvements, Inc., Houston, TX In The Amount Of $22,000 For The Purchase Of Two (2) Positive Displacement (Progressive Cavity) Sludge Pumps For The Utility Operations Department (Wastewater Treatment Division) G. Consideration And Approval Of Payment To PEMSCO, Beaumont, TX In The Amount Of $11,700 For Repairs To The Sabine Pass Wastewater Treatment Plant Final Clarifier Weirs And The Replacement Of The Scum Box & Skimmer Arm For The Utility Operations Department (Wastewater Treatment Division) H. Consideration And Approval Of Payment To HDSFM dba USA Bluebook, Gurnee, IL In The Amount Of $19,978.12 For The Purchase Of Two (2) Positive Displacement Blowers For The Utility Operations Department (Wastewater Treatment Division) I. Consideration And Approval Of Payment To B &P Process Equipment & Systems, Houston, TX In The Amount Of $10,778 For The Purchase Of A Centrifuge Control Panel Upgrade For The Utility Operations Department (Wastewater Treatment Division) Resolutions - Consent (1) P. R. No. 16454 - A Resolution Awarding A Contract To Coastal Demolition, Inc. In The Amount Of $20,450.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A -t), To Be Charged To Account No. 139 - 1431 - 556.59 -00 Project No. IKE -03 (TDHCA Project I) (2) P. R. No. 16455 - A Resolution Awarding A Contract To Beaumont Demolition Group, Inc. In The Amount Of $22,350.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group B -t), To Be Charged To Account No. 139 - 1431- 556.59 -00 Project No. IKE -03 (TDHCA Project I) 3 AGENDA JUNE 14, 2011 VI. CONSENT AGENDA - CONTINUED (3) P. R. No. 16456 - A Resolution Awarding A Contract To Velez Construction Services In The Amount Of $27,850.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group C -t), To Be Charged To Account No. 139 - 1431 - 556.59 -00 Project No. IKE -03 (TDHCA Project I) (4) P. R. No. 16457 - A Resolution Awarding A Contract To Velez Construction Services In The Amount Of $24,100.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group D -t), To Be Charged To Account No. 139 - 1431 - 556.59 -00 Project No. IKE -03 (TDHCA Project I) (5) P. R. No. 16485 - A Resolution Authorizing A Contract For The Purchase Of GC #14 Propane Gas From Sandifer's L.P. Gas & Service Co., Inc. Of Port Arthur, Texas, In The Estimated Annual Amount Of $193,345.00 (6) P. R. No. 16487 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $9,415.53 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Dump Truck Unit #1759 (7) P. R. No. 16488 - A Resolution Authorizing The City Of Port Arthur To Accept A Donation Of $5,000 From GP Industrial Contractors For The Purchase Of Military Styled Cots For Use By The Police Department In Emergency Management Operations And Evacuations (8) P. R. No. 16489 - A Resolution Approving Change Order No. 2 To The Contract Between The City Of Port Arthur And Daniels Building & Construction, Inc. For The Renovation Of The Police, Fire And Municipal Court Buildings At 645 4 St And 333 Waco Ave., Increasing The Contract Amount By $6,373.40 To A New Total Of $2,329,934.91 4 AGEND JUNE 14 , 2011 VI. CONSENT AGENDA - CONTINUED (9) P. R. No. 16491 - A Resolution Authorizing The City Manager To Enter Into A Contract With Affordable Lawn And Tractor Service Of Port Arthur, TX For Grass Cutting Services And Landscape Maintenance At The Sabine Pass Community Center And Lions Park For $170.00 Per Cut (10) P. R. No. 16492 - A Resolution Awarding A Contract To Velez Construction Services In The Amount Of $9,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group A), To Be Charged To Account No. 139 - 1431 - 556.59 -00 Project No. IKE -03 (TDHCA Project II) (11) P. R. No. 16493 - A Resolution Awarding A Contract To Beaumont Demolition Group, Inc. In The Amount Of $12,750.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group B), To Be Charged To Account No. 139 - 1431 - 556.59 -00 Project No. IKE -03 (TDHCA Project II) (12) P. R. No. 16494 - A Resolution Awarding A Contract To Tenney Brick & Concrete Company, Inc. In The Amount Of $6,935.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group C), To Be Charged To Account No. 139 - 1431 - 556.59 -00 Project No. IKE -03 (TDHCA Project II) (13) P. R. No. 16495 - A Resolution Awarding A Contract To Tenney Brick & Concrete Company, Inc. In The Amount Of $12,570.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group D), To Be Charged To Account No. 139 - 1431 - 556.59 -00 Project No. IKE -03 (TDHCA Project II) (14) P. R. No. 16496 - A Resolution Authorizing The City Manager To Extend The Existing Contract For A Second Year With Munro's Dry Cleaning For Police Uniform Cleaning Services, To Be Charged To Account No. 001 - 1101 - 521.26 -00 In The Estimated Amount Of $46,750.00 Annually 5 AGENDA JUNE 14, 2011 VI. CONSENT AGENDA - CONTINUED (15) P. R. No. 16497 - A Resolution Authorizing An Agreement Between The City Of Port Arthur And Entergy For Usage Of Street Lighting Poles For Signage Promoting The Downtown Renaissance District (16) P. R. No. 16499 - A Resolution To Approve A Contract Between The City Of Port Arthur And Southeast Texas Medical Associates (SETMA) For William D. George, MD To Continue To Act As The City's Health Authority And Supervising Physician Of The Employee Health Services Clinic (17) P. R. No. 16503 - A Resolution Approving A Proposal From Science Engineering, Ltd. For Construction Materials Testing For The Kansas Avenue Drainage Improvement Project In The Not To Exceed Amount Of $6,500; Funds Available In ORZWOL, 141- 1201- 532.59 -00 (18) P. R. No. 16504 - A Resolution Approving A Proposal From Science Engineering, Ltd. For Construction Materials Testing For The Zwolle Ditch Drainage Improvement Project In The Not To Exceed Amount Of $20,500; Funds Available In ORZWOL, 141 -1201- 532.59 -00 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P. R. No. 16476 - A Resolution Authorizing An Agreement With Shujat Swati, Younis Khan Khail, Shahid Lqbal, And Amjad Waqar To Share Equally In The Cost For Water And Sanitary Sewer Line Extensions To Serve Lot 29A, Block 4, Palomar Addition, City Of Port Arthur, Texas (2) P. R. No. 16500 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $881,321.37 For The Primary And Secondary Generators For The Main Wastewater Treatment Plant And Primary Generator For The Main Outfall Lift Station Project Between The City Of Port Arthur And B -K Maintenance, Inc., Of Beaumont, Texas, Account No. 141 -1201- 532.59 -00, Project No. ORPRIM, ORMSEC, & ORMAIN 6 AGENDA JUNE 14, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (3) P. R. No. 16501 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $404,463.82 For Emergency Generator Installation For The 46 St., North Plant, And Lake Charles Lift Stations Between The City Of Port Arthur And T. Johnson Industries, Inc., Of Lumberton, Texas, Account No. 141 -1201- 532.59 -00, Project No. ORNPLA, OR46TH, & ORLAKE (4) P. R. No. 16502 - A Resolution Authorizing The Execution Of Change Order No. 4 To The Contract Between The City Of Port Arthur And ALLCO, Inc. At No Additional Cost For The Sanitary Sewer Rehabilitation By The Pipe Bursting And Sliplining Methods Project, Basins PA64C & PA66, Contract No. 6, Account No. 404- 1625- 532.83 -00, Project No. 404PB6 (5) P. R. No. 16505 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Pleasure Island Commission (Requested By Councilmember Scott) (6) P. R. No. 16506 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (Requested By Councilmember Scott) (7) P. R. No. 16507 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Scott) (8) P. R. No. 16508 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $1,029,000.00 For The Construction Of One New Sabine Pass Water Storage Standpipe Between The City Of Port Arthur And Maguire Iron, Inc., Of Sioux Falls, South Dakota, Account No. 141- 1201- 532.59 -00, Project No. ORPIPE AGENDA JUNE 14, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED B. Ordinances (1) P. O. No. 6152 - An Ordinance Denying The Statement Of Intent Rate Change Request Filed By Texas Gas Service ( "TGS ") For Gas Service For Customers In The City Of Port Arthur, Texas; Requiring Reimbursement Of Municipal Rate Case Expenses; Finding That The Meeting Complies With The Open Meetings Act; And Declaring An Effective Date For This Ordinance (2) P. O. No. 6153 - An Ordinance Setting The Just And Reasonable Rates For The Cost Of Service Adjustment Clause ( "COSA ") To Be Charged By Texas Gas Service ( "TGS ") For Gas Service For Customers In The City Of Port Arthur, Texas; Requiring Reimbursement Of Municipal Rate Case Expenses; Finding That The Meeting Complies With The Open Meetings Act; And Declaring An Effective Date For This Ordinance (3) P. O. No. 6154 - An Ordinance Amending Chapter 18 Section 18 -33 (a) Permit Schedule Section B106 Exceptions To Permit Fees To Waive Permit For Private Developers Building Homes In CDBG Areas; Of The Building Code Of Ordinances Of The City Of Port Arthur; Said Changes Repeal All Or Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Hereof (4) P. O. No. 6155 - An Ordinance Amending Chapter 110, Article II. (Water), Division 3 (Service Charges And Billing), Section 110 -61. (Service Connections), Paragraph (b) (Fees), Item (7), And Article III. (Sewers), Division 2 (Connections), Section 110 -168. (Fees), Paragraph (a) (Installation And Maintenance Fees), Item (5) To Waive Water And Sewer Tap Fees For Private Developers Building Homes In CDBG Eligible Areas; Of The Code Of Ordinances Of The City Of Port Arthur; Said Changes Repeal All Or Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Hereof 8 AGENDA JUNE 14, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED C. *Reports And Recommendations (1) Report On Preliminary Appraised Values For 2011 (2) Report On General Obligation Refunding Bond, Series 2011 *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. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252 -17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 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 Or Devices Section 551.087 - Deliberations Regarding Economic Development Incentives Closed Meeting: (1) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Texas Gas Service *The Items In Executive Session May Be Discussed And Acted On In Open Session X. ADJOURNMENT OF MEETING 9 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 Council; 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 Removal. 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.