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HomeMy WebLinkAboutJULY 26, 2011 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR STEPHEN FITZGIBBONS HAROLD DOUCET, MAYOR PRO TEM _ CITY MANAGER COUNCIL, MEMBERS: \\� 44\ TERRI HANKS RAYMOND SCOTT, JR. o r t r t h u r"" CITY SECRETARY ELIZABETH "LIZ" SEGLER Tt X ,S MORRIS ALBRIGHT VAL TIZENO JOHN BEARD, JR. CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGENDA City Council Regular Meeting July 26, 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. 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 July 26, 2011 5:30PM PLEASE TURN OFF OR MUTE ALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Doucet, Sr. Councilmember Scott, Jr. Councilmember Segler Councilmember Albright, III Councilmember Beard, Jr. Councilmember Williamson Councilmember Freeman 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 JULY 26, 2011 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. 16282 - A Resolution Approving The Amendment Of The City Of Port Arthur Section 4A Economic Development Corporation's Policies And Procedures For Incentive Contracts Pertaining To The Incentive Agreement Flowchart (2) P. R. No. 16538 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Downtown Renaissance District Board 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Vigilant Video, Livermore, CA In The Amount Of $8,000 For The Annual Subscription Fee For License Plate Recognition Software For The Police Department B. Consideration And Approval Of Payment To Brazos Technology, Inc., College Station, TX In The Amount Of $10,400 For Annual Software Maintenance For The Police Department C. Consideration And Approval Of Payment To AFIX Technologies, Inc., Pittsburg, KS In The Amount Of $5,550 For Renewal Of The Police Department's AFIX Tracker Service And Support Plan 2 AGENDA JULY 26, 2011 VI. CONSENT AGENDA - CONTINUED D. Consideration And Approval Of Payment To Rural Pipe & Supp /y, Jasper, TX & Aqua - Metric Sales Company, Rivers /de, CA (Unit Price Basis) For The Purchase Of Fire Service Water Meters For The Utility Operations Department E. Consideration And Approval Of Payment To Sun Coast Resources, Inc., Dallas, TX In The Amount Of $9,623.62 For The Purchase Of Dyed Off -Road Diesel F. Consideration And Approval Of Payment To CDWG, Vernon Hi/ /s, IL In The Amount Of $33,520.52 For The Purchase Of Eleven (11) GETAC S400 Mobile Data Terminal Computers For The Police Department G. Consideration And Approval Of Payment To Jefferson Electric Co., Inc., Beaumont, TX In The Amount Of $11,594 For The Purchase And Installation Of An Automatic Transfer Switch For The Emergency Generator At The Port Acres Wastewater Treatment Plant H. Consideration And Approval Of Payment To Pump & Power Equipment, Houston, TX In The Amount Of $12,820 For The Purchase Of Two (2) Self- Priming Sewage Pumps For The Utility Operations Department (Wastewater Conveyance Division) I. Consideration And Approval Of Payment To Alt /via Corporation, Houston, TX In The Amount Of $21,243.10 For The Purchase Of Water Treatment Chemicals For The Utility Operations Department J. Consideration And Approval Of Payment To Harris Construction Company, Beaumont, TX In The Amount Of $12,600 For The Boring Of 210' Of 8" Waterline With 12" Poly Casing Under The DD7 Drainage Ditch Off Main Avenue K. Consideration And Approval Of Payment To Schaefer Carts, Houston, TX In The Amount Of $29,941.75 (H -GAC Pricing) For The Purchase Of 549 Ninety -Five Gallon Residential Schaefer Carts L. Consideration And Approval Of Payment To Airspace Daily Cover, Ponchatoula, LA In The Amount Of $14,950 For The Purchase Of Two (2) Landfill Tarps 3 AGENDA JULY 26, 2011 VI. CONSENT AGENDA - CONTINUED M. Consideration And Approval Of Payment To Southeast Service Company, Port Arthur, TX In The Amount Of $8,004.67 For Repairs To The Air Conditioning System At The Port Arthur Public Library N. Expense Reports Mayor Pro Tem Harold Doucet, Sr: Attended TML Newly Elected Official Orientation, Austin, TX July 14 -16, 2011 $645.70 Councilmember Raymond Scott, Jr.: Attended TML Newly Elected Official Orientation, Austin, TX July 14 -16, 2011 $856.10 Councilmember Kerry "Twin" Thomas Attended TML Newly Elected Official Orientation, Austin, TX July 14 -16, 2011 $903.76 Resolutions - Consent (1) P. R. No. 16300 - A Resolution Authorizing The Submission Of A Contract Amendment #7 Request For The Community Development Fund Contract Between The City Of Port Arthur And The Texas Department Of Rural Affairs (TDRA), Contract Number DRS010148 (2) P. R. No. 16350 - A Resolution Authorizing The City Manager To Enter Into A Contract With Four Sisters Petroleum, Austin, Texas, To Purchase Ultra Low Sulfur Diesel Fuel. Funding For This Contract Is Available In Transit Account Numbers: 401 -1502- 561.240 -00 And 401 - 1506 - 561.24 -00 (3) P. R. No. 16378 - A Resolution Authorizing A Non - Exclusive Agreement With Garner Environmental Services, Inc. For The Provision Of Emergency Environmental, Disaster, And Logistical Response Services In The Event Of An Emergency Or Disaster (4) P. R. No. 16401 - A Resolution Authorizing A Contract With Terracon Consultants, Inc. To Conduct A Limited Site Investigation At The Intersection Of 10 Avenue And Center Street 4 A JULY GENDA 26, 2011 VI. CONSENT AGENDA - CONTINUED (5) P. R. No. 16417 - A Resolution Authorizing The Purchase Of 724 Grannis; Funds Available In Account No. 117 - 1404 - 621.59 -00 (6) P. R. No. 16484 - A Resolution Approving The Demolition And Clearance Of Five (5) Commercial Properties That Were Damaged As A Result Of Hurricane Ike And Declaring Them Slum & Blight. 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] (7) P. R. No. 16490 - A Resolution Authorizing The City Manager To Execute A Project Grant Agreement With The Texas Department Of Transportation To Assist With Fiscal Year 2011 -2012 Operating Expenditures For The City Of Port Arthur Transit System (8) P. R. No. 16519 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Patin's Electrical Contractors Of Port Arthur, Texas For Electrical Work Needed For The Transit Division In The Amount Of $5,890.87. Account Number(s): 401 - 1504 - 561.51 -00 And 401 - 1506 - 561.51 -00; Operating Grant Number TX -90 -X916 (9) P. R. No. 16540 - A Resolution Authorizing The City Manager To Enter Into A Non - Exclusive Professional Planning And Consulting Services Contract With James Lee Witt Associates, Washington, D.C., As To Provide Fiscal, Strategic, Advisory, Crisis Management And Preparedness Services In The Event Of An Emergency Or A Disaster (10) P. R. No. 16541 - A Resolution Authorizing The City Manager To Make Application And Receive Funding Through The Recovery Act: 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program In The Amount Of $33,974 (11) P. R. No. 16547 - A Resolution Authorizing The Renewal Of A License Agreement Between Computer Information Systems (CIS) And The City Of Port Arthur In The Amount Of $22,600.00, Account No. 001 -1101- 521.72 -00 5 A JULY GENDA 26, 2011 VI. CONSENT AGENDA - CONTINUED (12) P. R. No. 16556 - A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The Purchase Of An Emergency Generator For The Water Purification Plant With Mustang Machinery Company, Ltd DBA Mustang Cat In The Amount Of $660,000, Account No. 141 - 1201 - 532.92 -00, Project No. ORWTPG (13) P. R. No. 16557 - A Resolution Authorizing The 2nd Year (1St Renewal) For The Contract Between The City Of Port Arthur And Concrete Raising Corporation For Raising And Rehabilitation Of Existing Concrete Slabs. Account No. 001 - 1203 - 531.36 -00 And 001 - 1203- 531.86 -00 (14) P. R. No. 16562 - A Resolution Authorizing The Purchase Of A CBRNE Rescue Boat From SeaArk Marine, Inc. Through GSA For The Fire Department In The Amount Of $232,287. Account Number 107 - 1118 - 521.93 -00, Project Number PS0015 (15) P. R. No. 16563 - A Resolution Authorizing The Purchase Of Two (2) Industrial Fire Engines From Martin Apparatus Of Denton, Texas, Through BuyBoard In The Amount Of $1,550,000, Account 107- 1118 - 522.93 -00 Project Number PS0015 (16) P. R. No. 16564 - A Resolution Authorizing The Purchase Of A Ford F -550 Pickup Truck From Philpott Motors Of Port Neches, Texas Through BuyBoard In The Amount Of $60,788, Account 107 -1118- 522.93 -00 Project Number PS0015 (17) P. R. No. 16565 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (18) P. R. No. 16566 - A Resolution Authorizing The 2 Year (1 Renewal) For The Contracts Between The City Of Port Arthur And Sun Coast Resources, Inc. For Dyed, Off -Road Diesel. Account No. 403 -1274- 533.24 -00 (19) P. R. No. 16567 - A Resolution Authorizing The 2 Year (1 Renewal) For The Contracts Between The City Of Port Arthur, Knife River Corp. And Transit Mix Concrete & Materials Co. For Concrete Building Materials. Account No. 001 - 1203 - 531.36 -00 And 001- 1203- 531.86 -00 6 A JULY GENDA 26, 2011 VI. CONSENT AGENDA - CONTINUED (20) P. R. No. 16570 - A Resolution Authorizing Revisions To The City's Housing Assistance Program Guidelines For Homebuyer Activities (21) P. R. No. 16571 - A Resolution Ordering A Public Hearing For The Proposed Budget For The City Of Port Arthur And The Port Arthur Economic Development Corporation For The Fiscal Year 2011 - 2012 And Authorizing Notice Of Public Hearing (22) P. R. No. 16572 - A Resolution Recommending That The City Council Authorize The Purchase Of A Lenco B.E.A.R. Armored Vehicle From Lenco Industries, Inc., Of Pittsfield, Massachusetts, With GSA Pricing In The Amount Of $406,940.00 For The Police Department (23) P. R. No. 16573 - A Resolution Authorizing Acceptance Of The Warranty From AmeraProducts, Inc. Of Beaumont, Texas For The Installation Of The Window Upgrades At City Hall And Authorizing The Release Of The Retainage In The Amount Of $21,597, ENG001, 135 - 1209 - 531.82 -00 (24) P. R. No. 16574 - A Resolution Authorizing The Purchase Of Uniforms, Ballistic Vests And Accessories For The Police Department From GT Distributors, Inc. Through BuyBoard In An Amount Not To Exceed $91,067, To Be Charged To Account No. 001 - 1101- 521.26 -00 (25) P. R. No. 16575 - A Resolution Authorizing The City Manager To Execute A Two Year Agreement With SCS Engineers Of Bedford, Texas For Groundwater Monitoring At The City Landfill For A Total Cost Of $128,900. Funds Are Available In Account Number 403- 1274- 533.54 -00 (26) P. R. No. 16576 - A Resolution Authorizing The Execution Of A Letter Of Intent Between The City Of Port Arthur And The Building And Technologies Division Of Siemens Industry Inc. ( "Siemens ") For The Implementation Of A Performance Contracting Program To Improve The System Infrastructure And The Operational Efficiencies Of The City Of Port Arthur 7 AGENDA JULY 26, 2011 VI. CONSENT AGENDA - CONTINUED (27) P. R. No. 16577 - A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee For The PAEDC Jade Avenue Extension Infrastructure Improvements And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (28) P. R. No. 16578 - A Resolution Authorizing The Mayor And City Manager To Execute The Second Year Of A Three -Year Renewable Contract Between The City Of Port Arthur And Triangle Waste Solutions Of Port Arthur, Texas For Leachate Hauling At The City Landfill For A Fee Of $65.43 Per Hour. Funding Is Available In Account No. 403 - 1274 - 533.51 -01 8 A JULY GENDA 26, 2011 VII.. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P. R. No. 16407 - A Resolution Authorizing A Contract With Jesse Branick As The City Prosecutor (2) P. R. No. 16546 - A Resolution Appointing Or Reappointing A Member Or Members To The Port Arthur Municipal Non - Profit Corporation (3) P. R. No. 16554 - A Resolution Authorizing The Purchase And Installation Of Ten (10) Street Lights And Wooden Poles From Entergy, Texas, Inc. In The Amount Of $17,505.12 In The Spur 93 Business Park On Jade Ave (120- 1429 - 582.59 -02) (4) P. R. No. 16555 - A Resolution Approving An Amendment To The Price For The Services Between The City Of Port Arthur Section 4A Economic Development Corporation And Cheval Noir Media Of Port Arthur For Printing And Mail -Out Of A New Semi - Annual Newsletter (5) P. R. No. 16561 - A Resolution Authorizing Lamar State College - Port Arthur To Request Proposals From Qualified Firms To Perform A Feasibility Study For A Student Housing Project B. Ordinances (1) P. O. No. 6160 - An Ordinance Authorizing One (1) Special Warranty Deed For Conveyance Of Property To A Low And Moderate Income Resident Of The City Who Is Participating In The Hurricane Ike Housing Reconstruction Program Through The Texas Department Of Housing & Community Affairs (TDHCA) (2) P. O. No. 6161 - An Ordinance Modifying 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 9 AGENDA JULY 26, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED C. *Reports And Recommendations (1) May, 2011 Financial Report (2) Report On Preliminary Budget Financial Information *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 July 27, 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 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 10 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.