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HomeMy WebLinkAboutJUNE 28, 2011 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR STEPHEN FITZGIBBONS MORRIS ALBRIGHT, III, MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City qt •` TERRI HANKS RAYMOND SCOTT, JR. � )t41' CITY SECRETARY ELIZABETH "LIZ" SEGLER MARTIN FLOOD VALECIA R. TIZENO JOHN BEARD, J. O r t r t h ur ,._ CITY ATTORNEY ROBERT E. WILLIAMSON D. KAY WISE Texas KERRY "TWIN" THOMAS AGENDA City Council Regular Meeting June 28 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 I City Of Port Arthur June 28, 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 11. PROCLAMATIONS & MINUTES Proclamations Minutes May 03, 2011 - Regular Meeting May 17, 2011 - Regular Meeting May 24, 2011 - Special Meeting May 31, 2011 - Special Executive Meeting May 31, 2011 - Regular Meeting June 14, 2011 - Regular Meeting 111. PETITIONS & COMMUNICATIONS A. Speakers Luverda Batiste Regarding The All America City Competition NmErirmair AGENDA JUNE 28, 2011 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations None C. Correspondence None IV. PUBLIC HEARINGS - 6:00 PM None 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. 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 (2) P. R. No. 16505 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Pleasure Island Commission (Requested By Councilmember Scott) (3) P. R. No. 16507 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Scott) (4) 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 AGENDA JUNE 28, 2011 V. UNFINISHED BUSINESS - CONTINUED (5) 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 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 B &P Process Equipment Company, Houston, TX In The Amount Of $46,895 For Repairs To A DS -706 Alfa Laval Centrifuge For The Utility Operation Department (Water Purification Division) B. Consideration And Approval Of Payment To Genesis Business Communication Systems, Houston, TX In The Amount Of $8,058.07 For The Purchase Of Three (3) Network Switches For The Health Department C. Consideration And Approval Of Payment To Smart's Truck & Trader Equipment, Inc., Beaumont, TX In The Amount Of $8,865.53 For Repairs To A Freightliner Dump Truck (Equipment #1759) D. Consideration And Approval Of Payment To The Ready Store, Draper, UT In The Amount Of $8,026.51 For The Purchase Of Meals Ready To Eat (MRE's) And Snacks To Be Used For Evacuations E. Consideration And Approval Of Payment To HART Intercivic, Austin, TX In The Amount Of $6,900 For LAT Support, Predefinition & Election Day Support For The June 25, 2011 Runoff Election A JUGENDA NE 28, 2011 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P. R. No. 16424 - A Resolution Authorizing The City Manager To Execute A Commercial Card Agreement With Citibank (2) P. R. No. 16434 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (3) P. R. No. 16486 - A Resolution Authorizing The City Manager To Amend The Application To The U. S. Department Of Housing And Urban Development For The 37 Year (2011 Program Year) Community Development Block Grant From $1,488,102 To $1,235,227 And To Amend The Home Grant Funds From $481,373 To $425,780 (4) P. R. No. 16513 - A Resolution Awarding A Contract To Inland Environments, LTD. In The Amount Of $182,364.00, And Authorizing The Execution Of A Contract For The Asbestos /Lead Abatement And Demolition Of Fourteen (14) Dangerous Commercial Buildings Located Throughout The City, To Be Charged To Account No. 141 - 1201 - 532.59 -00, Project No. ORDEMO (5) P. R. No. 16515 - A Resolution Authorizing The Payment Of An Invoice To AIIco, LIc., Of Beaumont, Texas In An Amount Not To Exceed $40,000 And Authorizing The City Manager To Execute A Contract For Additional Emergency Repairs To Numerous Water Lines Throughout The City (Account No. 410 - 1253 - 532.59) (6) P. R. No. 16517 - A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The Purchase Of AWWA C900/C905 Water Pipe For The Utility Operations Department With ACT Pipe & Supply Inc. And CPR Services & Supplies, Inc. DBA MDN Enterprises (7) P. R. No. 16520 - A Resolution Accepting A $34,050 Supplemental Environmental Project Payment From Motiva For The Building And Infrastructure Upgrades Program 4 AGENDA JUNE 28, 2011 VI. CONSENT AGENDA - CONTINUED (8) P. R. No. 16521 - A Resolution Authorizing A Contract For The Services Of Gayle W. Botley, Certified Public Accountant, As Independent Auditors For The City Of Port Arthur For The Year Ending September 30, 2011 (9) P. R. No. 16523 - A Resolution Authorizing The City Manager To Enter Into A Letter Agreement For $15,274 With Lamar University For The Taping Of Governmental Meetings (10) P. R. No. 16524 - A Resolution Authorizing The Execution Of Change Order No. 4 To The Wastewater Treatment Plant Rehabilitation Project, Contract No. 5, Between The City Of Port Arthur And ALLCO, Inc., Of Beaumont, Texas, Increasing The Contract Amount By $479,288 And Contract Time By 211 Calendar Days. Account No. 404- 1625- 532.83 -00, City Project No. 404WWT (11) P. R. No. 16525 - A Resolution Authorizing A Seven Month Lease In The Amount Of $28,053.70 With ModSpace Of Beaumont, Texas For Two Modular Units To Serve As Temporary Housing For The Transit Division. Account Numbers 401 - 1504 - 561.51 -00, 401 -1504- 561.52 -00, 401 - 1506- 561.51 -00 And Project No. TX -90 -X916 (12) P. R. No. 16526 - A Resolution Awarding A Contract To AT Demolition, LLC In The Amount Of $8,334.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A), To Be Charged To Account No. 139 - 1431 - 556.59 -00 Project No. IKE -03 (13) P. R. No. 16527 - A Resolution Awarding A Contract To AT Demolition, LLC In The Amount Of $8,905.00, 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 (14) P. R. No. 16528 - A Resolution Awarding A Contract To AT Demolition, LLC In The Amount Of $8,427.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group C), To Be Charged To Account No. 139- 1431 - 556.59 -00 Project No. IKE -03 5 AGENDA JUNE 28, 2011 VI. CONSENT AGENDA - CONTINUED (15) P. R. No. 16529 - A Resolution Awarding A Contract To AT Demolition, LLC In The Amount Of $9,662.00, 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 (16) P. R. No. 16534 - A Resolution Authorizing The Execution Of A Contract For The Rental Of A D6N LGP Caterpillar Bulldozer From Mustang Tractor & Equipment Co. Of Beaumont, Texas In The Total Amount Of $42,600. Account No. 403 -1274- 533.51 -01 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P. R. No. 16349 - A Resolution Authorizing The Port Arthur Economic Development Corporation To Issue A Payment To Entergy Texas, Inc., For The Purchase And Installation Of Eighteen (18) Street Light Poles And Underground Cable Necessary For The Completion Of The Infrastructure Improvements At The PAEDC Spur 93 Business Park In The Amount Of $67,719.20 (Account No. 120- 1429- 582 - 59.02) (2) P. R. No. 16510 - A Resolution Requesting A Third Amendment Of The City Of Port Arthur Section 4A Economic Development Corporation's Policies And Procedures For Site Improvements And Related Improvements Necessary To Promote Or Develop New Or Expanding Businesses For Operation Downtown (A Downtown Improvement Program) (3) P. R. No. 16511 - A Resolution Authorizing The Execution Of An Amended Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The City Of Port Arthur As It Pertains To Administrative Charges For The Fiscal Year October 1, 2010 Through September 30, 2011 (4) P. R. No. 16514 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (Requested By Councilmember Scott) 6 A JUGENDA NE 28 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (5) P. R. No. 16518 - A Resolution Approving Additional Grant Funds Of $153,776.63 For The Renovation Of The Downtown Pavilion Under The Operation Downtown Site Improvement Grant Program (6) P. R. No. 16522 - A Resolution Authorizing Acceptance Of The Engineer's Certificates Of Completion, Contractor's Certificates And Releases, And Contractor's Certificates Of Guarantee For The PAEDC Spur 93 Business Park (Richard Wycoff Drive And Eli Roberts Drive) Infrastructure Improvements And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas B. Ordinances P. O. No. 6156 - An Appropriation Ordinance Amending The General Fund Budget For The Fiscal Year Beginning October 1, 2010 And Ending September 30, 2011 By $150,000 In Order To Fund Retirement Costs For The Fire Department And Administrative Cost Related To The NSP Program For The Neighborhood Revitalization Department; Amending The Worker's Compensation Budget For Excess Claims Cost In The Amount Of $250,000; And Amending The Water Utility Fund Budget $100,000 To Fund Excess Costs Related To The Drought C. *Reports And Recommendations (1) Report On The Evaluation Of Apple iPad 2 And Motorola Xoom (2) Report On Water Conservation And Drought Contingency Plans (3) Updated Legislative Report By Senator Parker, Mayor Prince & Staff *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 AGENDA JUNE 28, 2011 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 29, 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 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 8 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.