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HomeMy WebLinkAbout08-09-12 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR H AROLD DOCCET, SR. MAYOR PRO TEM Ciri' of =- STEPHEN FITZ CITY MANAGER COL NCIL MEMBERS: TERRI HANKS RAYMOND SCOTT, JR. o rt rth u CITY SECRETARY ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT T exas VAL TIZENO JOHN BEARD, JR. CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGENDA City Council Regular Meeting August 9, 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. P.0 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 August 9, 2011 8:30AM 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 (1) James Hill Regarding Working With Port Arthur Independent School District On Truancy Issues (2) Robert Troy Regarding The Current City Budget And The Upcoming Fiscal Year AG AUGUS G E N T 9, 2011 III. PETITIONS & COMMUNICATIONS - CONTINUTED B. Presentations (1) Presentation By Port Arthur For Positive Action In Regards To Westside Development (2) Presentation By John Hall Regarding Update On Environmental Justice Initiative C. Correspondence - None IV. PUBLIC HEARINGS - 9:00 AM - None Proposed Redistricting Plan Presented By Barney Knight And Associates V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: Resolutions: (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 (3) 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 2 AGENDA AUGUST 9, 2011 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 East Jordan Iron Works, Detroit, MI In The Amount Of $6,029.04 For Manhole Covers And Frames For The Public Works Drainage Division B. Consideration And Approval Of Payment To Orange County Appraisal District, Orange, TX In The Amount Of $14,922 For City's Pro -Rata Share Of The 2012 Orange County Appraisal District Budget C. Consideration And Approval Of Payment To CAT, Houston, TX In The Amount Of $19,393.16 For Repairs And Maintenance Invoices For The Public Works Solid Waste Landfill Division D. 2011 Notice Of Effective Tax Rate For City Of Port Arthur E. Consideration And Approval Of Payment To Beaumont Frame And Front End Service, Inc., Beaumont, TX, In The Amount Of $6,159.06 For Repairs To Vehicle #1352 For The Utility Operations Department F. Consideration And Approval Of Payment To Transit Mix, Beaumont, TX, In The Amount of $12,719.20 For Road Building Materials For The Public Works Drainage Division G. Consideration And Approval Of Payment To All Phase Electric Supply Co., Groves, TX, In The Amount Of $37,000 For Purchase Of A Switchgear For The Water Purification Plant Emergency Generator Project For The Utility Operations Department 3 AG AUGUS G E N T 9, 2011 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P.R. No. 16498 - A Resolution Extending The Performance Period Of Lamar State College Community Development Block Grant Contract From September 1, 2011 To September 1, 2012 (2) P.R. No. 16512 - A Resolution Terminating The Economic Incentive Contract And Loan Agreement Between Triangle Waste Solutions, LLC And The City Of Port Arthur Section 4A Economic Development Corporation (3) P.R. No. 16550 - A Resolution Authorizing Payment To Citrix Systems, Inc. For A License Fee For Maintenance On The PAPD's Citrix System In The Amount Of $7,004.71. Account No. 001 -1101- 521.72 -00 (4) P.R. No. 16558 - A Resolution Approving An Interlocal Agreement Between Jefferson County, The City Of Port Arthur, And The City Of Port Neches To Repair Old Twin City Highway; Funding Available In Account No. 001 -1203- 531.36 -00 (5) P.R. No. 16560 - A Resolution Authorizing An Amendment To The Homelessness Prevention And Rapid Re- Housing Program (HPRP) Budget For Salvation Army To Reduce The Utility Assistance Budget By $25,000 From $90,165 To $65,165 And Increase The Rental Assistance Budget By The Same Amount, From $90,164 To $115,164 (6) P.R. No. 16568 - A Resolution Calling For A Public Hearing To Consider A Zoning Change From Single Family To Light Commercial For 2.066 Acres Of Land Consisting Of Tract 1, Block 12, Boulevard Courts Addition (Located South Of 25 Street And East Of Memorial Boulevard), City Of Port Arthur, Jefferson County, Texas (7) P.R. No. 16569 - A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For A Temporary Concrete Batching Plant, 6.589 Acres Of Land Out Of The Dennis Gahagan League, Abstract No. 123 (North Of State Highway 82 Near The Causeway Bridge On Pleasure Island), Port Arthur, Jefferson County, Texas Z11 -03 [SUP #212] 4 AGENDA AUGUST 9, 2011 VI. CONSENT AGENDA - CONTINUED (8) P.R. No. 16579 - A Resolution Approving The Demolition And Clearance Of Three Hundred And Nineteen (319) Residential Properties That Were Damaged As A Result Of Hurricane Ike; And Declaring Them Slum & Blight. The Texas Department Of Housing And Community Affairs Will Allocate Funding For The Activities. The Account No. Is TDHCA 139 - 1431 - 556.59 -00, Project No. Ike01 (9) P.R. No. 16580 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (10) P.R. No. 16581 - A Resolution Amending Resolution 11 -197, And Authorizing The City Manager To Execute The Amended Two Year CompleteLink Agreement Between The City Of Port Arthur And AT &T (11) P.R. No. 16585 - A Resolution Authorizing An Eight (8) Month Extension To The Existing Contract With Southeast Texas Building Services, Nederland, Texas For Janitorial Services For The Transit Department Complex In The Amount Not To Exceed $8,640, Charged To Account Numbers 401 -1503- 561.32 -00 And 401 -1505- 561.32 -00 (12) P.R. No. 16586 - A Resolution Authorizing The Purchase Of 338 Procter Street; Funds Available In Account No. 401 - 1509 - 561.82 -00 TX90 -X916 (13) P. R. No. 16589 - A Resolution Authorizing Acceptance Of The Warranty From Centerline Construction Services, Inc. Of Beaumont, Texas For The Installation Of The HVAC Upgrades At City Hall And Authorizing The Release Of The Retainage In The Amount Of $51,512.67, ENG001, 135 - 1209 - 531.82 -00 (14) P.R. No. 16591 - A Resolution Authorizing The Execution Of Contracts For Road Building Materials With AMF Materials & Transport, APAC- Texas, Diamond Trucking & Material, Knife River Corporation, Martin Marietta Materials, Transit Mix Concrete & Materials Co., And Vulcan Construction Materials LP Of San Antonio, Texas. Various Departmental Accounts. 5 AGENDA AUGUST 9, 2011 VI. CONSENT AGENDA - CONTINUED (15) P.R No. 16592 - A Resolution Authorizing The Execution Of Contracts For Concrete Pipe & Boxes With Rural Pipe & Supply, CPR Services & Supplies, Inc. DBA MDN Enterprises. Account No. 001 - 1204- 531.84 -00 (16) P.R. No. 16593 - A Resolution Authorizing A Contract With Ameraproducts, Inc. Of Beaumont, Texas, For The Installation Of Handicap Accessible Automatic Doors At The Port Arthur Public Library In The Amount Of $13,620.00, Account No. 001 -1403- 551.32 -00 (17) P.R. No. 16595 - A Resolution Rescinding Resolution No. 11 -231, Awarding A Contract To Tenney Brick & Concrete Company, Inc. And Awarding The Contract To Velez Construction Services In The Amount Of $14,900.00 For The Demolition Of Five (5) Dangerous Residential Properties (Group 0); To Be Charged To Account No. 139 - 1431 - 556.59 -00 Project No. IKE -03 (TDHCA PROJECT II) (18) P.R. No. 16596 - A Resolution Rescinding Resolution No. 11 -232, Awarding A Contract To Tenney Brick & Concrete Company, Inc. And Awarding The Contract To Velez Construction Services In The Amount Of $12,850.00 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) (19) P.R. No. 16597 - A Resolution Authorizing The Execution Of Change Order No. 3 To The Contract Between The City Of Port Arthur And SIMCO Enterprises, Ltd. At No Additional Cost For The Sanitary Sewer Rehabilitation E3y The Pipe Bursting And Sliplining Methods Project, Basins LC73, LC709, & SE435, Contract No. 7, Account No. 404 - 1625- 532.83 -00, Project No. 404PB7 (20) P.R. No. 16599 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $2,562.24 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Damage To A City Bus Shelter 6 AGENDA AUGUST 9, 2011 VI. CONSENT AGENDA - CONTINUED (21) P.R. No. 16601 - A Resolution Authorizing The City Manager To Make Pre - Application And Application To The U.S. Department Of Housing And Urban Development From The $95 Million Sustainable Communities Grant Programs (22) P.R. No. 16602 - A Resolution Authorizing The City Manager To Reject All Bids For A Texas Parks And Wildlife Grant Funded Project At SSGT Lucian Adams Park And To Re- Advertise For Bids (23) P.R. No. 16604 - A Resolution Approving The FY 2011-2012 Contract Between The City Of Port Arthur And The Department Of State Health Services For The Public Health Emergency Preparedness Program In The Amount Of $54,145 With A Non - Cash Match Of $5,547 (24) P.R. No. 16605 - A Resolution Approving The 2011 Revised Purchasing Manual For The City Of Port Arthur (25) P.R. No. 16606 - A Resolution Authorizing Payment Of An Invoice To Allco, LLC, Of Beaumont, Texas, In The Amount Of $51,356.08. Account No. 410 - 1253 - 532.59 -00 (26) P.R. No. 16607 - A Resolution Authorizing The Execution Of Contracts Between The City Of Port Arthur And The Non Profit Service Organizations For Public Service Activities, In The Amount Of $85,050, This Being $9,000 For Gift Of Life, $10,350 For Nutrition & Service For Seniors, $1,800 For Law Academy, $4,500 For PANAC, $6,300 For Port Arthur Flyers Track Club, $4,500 For James Hope Center, $13,500 For SET Regional Planning Commission, $4,500 For Camp Fire, $1,800 For YMCA, $9,000 For Catholic Charities, $1,800 For Triple D Hoops, $1,800 For Port Arthur Little Titans Football League, $9,000 For IEA - Inspire, Encourage, Achieve, $2,700 For Community Retirement Home, Inc., $2,700 For Heritage Life Center, $1,800 For Port Arthur American Little League, Inc. Of Port Arthur For The Benefit Of The Low And Moderate Income Residents Of The City (27) P.R. No. 16608 - A Resolution Authorizing The Rental Of Dump Trucks From Hertz Equipment Rental In The Not To Exceed Amount Of $25,000. Account No. 001 -1204- 531.51 -00 AGENDA AUGUST 9, 2011 VI. CONSENT AGENDA - CONTINUED (28) P.R. No. 16610 - A Resolution Authorizing The Execution Of Contracts For Petroleum, Oil, And Lubricants With Derrick Oil Co. And Tri -Con Inc. Various Departmental Accounts (29) P.R. No. 16613 - A Resolution Authorizing Payment Of The License Renewal Fee To Computer Information Systems (CIS), In The Amount Of $7,987.29, Account No. 001 - 1101 - 521.72 -00 (30) P.R. No. 16615 - A Resolution Authorizing The City Manager To Enter Into An Air Monitoring Site Agreement Between The City Of Port Arthur And The Texas Commission On Environmental Quality For Operation Of An Air Monitoring Station At 615 Ellias VII. ITEMS REQUIRING INDIVIDUAL ACTION •- NON - CONSENT A. Resolutions (1) P.R. No. 16583 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Pleasure Island Commission (Requested By Mayor Pro Tem Doucet and Councilmember Freeman) (2) P.R. No. 16584 - A Resolution Appointing And /Or Reappointing A Director or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Mayor Pro Tem Doucet and Councilmember Freeman) (3) P.R. No. 16594 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (Requested By Councilmember Scott and Councilmember Freeman) (4) P.R. No. 16603 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Beautification Commission (Requested By Mayor Pro Tem Doucet and Councilmember Freeman) 8 AG AUGUS G E N T 9, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED B. Ordinances (1) P. O. No. 6162 - An Ordinance Designating A School Zone Along 9 Avenue And 57 Street For S /SGT Lucian Adams Elementary School, Providing For An Effective Date, And For Publication (2) P.O. No. 6163 - An Ordinance Authorizing Four (4) Special Warranty Deeds For Conveyance Of Properties To Low And Moderate Income Residents Of The City Who Are Participating In The Hurricane Ike Housing Reconstruction Program Through The Texas Department Of Housing & Community Affairs (TDHCA) (3) P.O. No. 6164 - An Ordinance Approving The Appraisal Rolls For The Year 2011 And Receiving Determinations From The Tax Assessors Under Section 26.04 Of The Texas Property Tax Code C. *Reports And Recommendations (1) Report On 1 Annual Local Business Forum (2) Report On June Financial Statement (3) Discussion Of FEMA Projects On Pleasure Island (Requested By Councilmembers Beard, Scott and Mayor Pro Tem Doucet) (3) Report On Fiscal 2011 - 2012 Proposed Budget *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: 9 AG AUGUS G E N T 9, 2011 IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED "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 Pending Litigation Against The City (Worsham Vs City) (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation Against NDC (5) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation Against The City Filed By Steve Fitzgibbons (6) Section 551.074 Government Code - To Discuss The Duties And Responsibilities Of The City Manager (7) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Jefferson County *The Items In Executive Session May Be Discussed And Acted On In Open Session X. 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 August 10, 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.