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HomeMy WebLinkAboutAUGUST 23, 2011 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR STEPHEN FITZGIBBONS HAROLD DOUCET, SR. MAYOR PRO TEM City of = )k) CITY MANAGER COUNCIL MEMBERS: , 40 '' TERRI HANKS RAYMOND SCOTT, JR. o r t r t h 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 23, 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 August 23, 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 11. PROCLAMATIONS & MINUTES Proclamations Minutes July 12, 2011 Regular Meeting July 26, 2011 Special Executive Meeting July 26, 2011 Regular Meeting August 9, 2011 Regular Meeting August 15, 2011 Special Meeting 111. PETITIONS & COMMUNICATIONS A. Speakers Stuart Salter Regarding Opportunity To Do Business With City AGENDA AUGUST 23, 2011 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations (1) Presentation By Bob Phillips Regarding Phillips Communications Contract (2) Presentation By The Pleasure Island Commission On Hurricane Ike Recovery Projects C. Correspondence - None IV. PUBLIC HEARINGS - 6:00 P.M. (1) 2011 -2012 Budget (2) To Consider Proposed Redistricting Plans V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: 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 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 United States Conference Of Mayors, Washington, D.C. In The Amount Of $5,269 For Membership Dues 2 AGENDA AUGUST 23, 2011 VI. CONSENT AGENDA - CONTINUED B. Consideration And Approval Of Payment To HART interCivic, Austin, TX In The Amount Of $8,150.96 For Printed Paper Ballots Required During The May 14, 2011 General Election C. Consideration And Approval Of Payment To Transit Mix, Beaumont, TX In The Amount Of $10,153.98 For Road Building Materials For The Public Works Drainage Division D. Consideration And Approval Of Payment To Pump & Power Equipment, Houston, TX In The Amount Of $13,110 For The Purchase Of Two (2) Submersible Pumps For The Wastewater Treatment Division Resolutions - Consent (1) P. R. No. 16559 - A Resolution Authorizing The City Manager To Execute An Easement With Chevron Phillips For Construction Of A Subsurface Pipeline Along West 7 Street (2) P. R. No. 16587 - A Resolution As It Pertains To Retaining Dr. Janis Hutchins For The Port Arthur Business Enterprise Program. Account No. 001 - 1003 - 512.59 -00 (3) P. R. No. 16588 - A Resolution Authorizing A Consulting Contract For The Services Of Gallagher Benefit Services, Inc. Related To The City's Other Post Employment Benefit (OPEB), Retiree Health Insurance Plan In An Amount Not To Exceed $15,000. Account No. 614- 1701- 583.52 -00 (4) P. R. No. 16590 - A Resolution Extending The Elevator Maintenance Contract With ThyssenKrupp Elevator For The City Hall Elevator Until November 19, 2011 At A Rate Of $560 Per Month, 001 - 1206 - 531.32 -00 i 3 AGENDA AUGUST 23, 2011 VI. CONSENT AGENDA - CONTINUED (5) P. R. No. 16598 - A Resolution Authorizing The Execution Of Change Order No. 4 And Reduction Of Retainage To The Contract Between The City Of Port Arthur And PM Construction & Rehab. LP, Decreasing The Contract Amount By $16,008.56 From $3,498,855.73 To $3,482,847.17, And Increasing Contract Time By 160 Calendar Days, For The Sanitary Sewer Rehabilitation By The Pipe Bursting And Sliplining Methods Project, Basins EV75, PR78, LV49, LV56, & N127, Contract No. 8. Account No. 404 -1625- 532.83 -00, Project No. 404PB8 (6) P. R. No. 16600 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Lakeside - Palomar Development, Inc., In The Amount Of $150,000; Funding Available In Account No. 001 - 1003 - 512.59 -00, Project No. M01006 (7) P. R. No. 16609 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And CMM Construction Co., Inc. Of Beaumont, Texas For Placement Of Hot -Mix Asphaltic Concrete On A Unit Cost Basis For Various City Funded And Community Development Block Grant (CDBG) Funded Street Projects; Proposed Funding: Street Division Account 001 - 1203 - 531.36/51/86 And CDBG Street Project Accounts (8) P. R. No. 16611 - A Resolution Approving A License Agreement With NNOM Family Limited Partnership, Ltd For The Construction, Installation, Laying, And Maintaining Of A 2 -Inch Private Sanitary Sewer Force Main Within A City Easement In The City Of Port Arthur (9) P. R. No. 16614 - A Resolution Rescinding No. 11 -288 And Awarding A Contract To A & A Electric Company Of Beaumont, Inc., Beaumont, Texas, For Wiring Modular Unit(s) In The Amount Of $6,818.00; The Funds Will Be Split 50/50 From Account Number(s): 410 - 1504 - 561.51 -00 And 401 - 1506 - 561.51 -00; Operating Grant Number TX -90 -X916. 4 AGENDA AUGUST 23, 2011 VI. CONSENT AGENDA - CONTINUED (10) P. R. No. 16622 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Lofton Staffing Services, Inc. Of Beaumont, Texas, For Temporary Staffing At The Robert A. "Bob" Bowers Civic Center; Funding Available In Account No. 001 - 1061 - 518.32 -00 (11) P. R. No. 16623 - A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And T. J. Morgan, Inc. Of Port Arthur, Texas For Replacement Of The HVAC System At The Department Club At A Cost Of $6,966; Funding Available In Account No. 140 -1405- 551.59 -00, Project No. M08009 (12) P. R. No. 16624 - A Resolution Authorizing The City Manager To Accept The Real Property Donation From Glenda Adams At 2416 4 Street, Kenny & Tangela Holmes At 1236 Vicksburg Ave., Lillie F. Jones At 145 W. 17 Street, And Kevin McGlory At 1306 W. 6th Street, Contingent Upon Clear And Marketable Title (13) P. R. No. 16625 - A Resolution Authorizing An Amendment To The Homelessness Prevention And Rapid Re- Housing Program (HPRP) Budget For Catholic Charities To Increase The Rental Assistance From $95,079 To $113,663 (Increase Of $18,584) And To Decrease Utility Assistance From $25,739 To $7,155 (Decrease Of $18,584) Increase Salary And Benefits From $34,445 To $35,963 (Increase Of $1,518) And Decrease Mileage From $1,900 To $382 (Decrease Of $1,518) (14) P. R. No. 16628 - A Resolution Accepting Sewer Utility Easements From Spencer B. Garsee, Carla Lewis, And Lan Thi Nguyen For The Construction, Installation, Laying, And Maintaining Of Sewer Utilities Through Their Properties For The New Lan Plaza On West Port Arthur Road Near 63 Street In The City Of Port Arthur (15) P. R. No. 16629 - A Resolution Authorizing The City To Apply For A Grant For Procter Street Project Under The Operation Downtown Site Improvement Grant Program As Requested By The Downtown Renaissance District Board 5 AGENDA AUGUST 23, 2011 VI. CONSENT AGENDA - CONTINUED (16) P. R. No. 16630 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And GADV Inc. DBA L &L General Contractors Of Beaumont, Texas For The Reconstruction Of The Babe Zaharias Golf Course Pump Station #2 In The Amount Of $44,126. Project ORBABE, 141 - 1201 - 532.59 -00 (17) P. R. No. 16631 - A Resolution Authorizing The 3rd Year (2 Renewal) For The Contract Between The City Of Port Arthur And Redwine Enterprises, Inc. For Providing And Hauling Of Soils On A Unit Cost Basis, With Prices Adjusted According To The Transportation Consumer Price Index. Funding Is Available In Account No. 403 - 1274 - 533.59 -02 (18) P. R. No. 16632 - A Resolution Authorizing The Execution Of A Contract For Professional /Technical Services Between The City Of Port Arthur And Carroll & Blackman, Inc. Acting Through Kim L. Carroll, P.E., President, For Certain Professional Engineering Services Related To The Texas Pollutant Discharge Elimination System Phase II Storm Water Discharge Permit In The Amount Of $13,824.50. Drainage Account No. 001 - 1204 - 531.59 -01 (19) P. R. No. 16633 - A Resolution Authorizing The Approval Of Additional Services To The Contract For Professional Services Between The City Of Port Arthur And Arceneaux & Gates Consulting Engineers, Inc. Dated November 9, 2009, In Connection With The City Wide Sewer Rehabilitation - ARRA/TWDB Funded Project, Increasing The Not To Exceed Contract Amount By $291,180, Fund No. 404 - 1625- 331.53 -00, Project No. 404ENG And An Extension Of Time To April 30, 2012 (20) P. R. No. 16635 - A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The Primary Generator Installation For The Water Purification Plant With Caliber Solutions In The Amount Of $131,859, Account No. 141 - 1201 - 532.59 -00. Project No. ORWTPG. (21) P. R. No. 16639 - A Resolution Authorizing The 2 Renewal For A Contract Between The City Of Port Arthur And Hart InterCivic For HVS Software License And Support. Funding Is Available In Account No. 001 - 1013 - 513.54 -00 6 AGENDA AUGUST 23, 2011 VI. CONSENT AGENDA - CONTINUED (22) P. R. No. 16641 - A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And Simco Enterprises, LTD For Drainage Improvements To Zwolle Ditch, Increasing The Contract Amount By $46,950 To A Total Of $892,800. ORZWOL, 141 - 1201 - 532.59 -00. (23) P. R. No. 16642 - A Resolution Approving A Memorandum Of Agreement Between The State Historical Preservation Office (SHPO), And The City Of Port Arthur To Demolish Commercial Buildings Located At 1401 19 Street, 448 Procter Street, 1219 Procter Street, 1149 Rev. Ransom Howard Street, 3200 Thomas Blvd., 448 Waco Ave; With Texas Department Of Rural Affairs (TDRA) Disaster Funds. Available In Account No. 141 -1201- 532.59 -00 (ORDEMO) AGENDA AUGUST 23, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P. R. No. 16582 - A Resolution Amending 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 September 1, 2011 Through September 1, 2012 (2) P. R. No. 16627 - A Resolution Authorizing The Execution Of A Contract For Professional Services Between The City Of Port Arthur Section 4A Economic Development Corporation And Arceneaux & Gates Consulting Engineers, Inc., For Certain Technical And Professional Services For The Engineering, Design, Surveying, Testing And Providing Resident Project Representation On The Construction Of A Utility Access Road In The Port Arthur Spur 93 Business Park In An Amount Not To Exceed $29,500.00 (3) P. R. No. 16634 - A Resolution Pertaining To The Nomination For The Board Of Directors Of The Orange County Appraisal District (4) P. R. No. 16636 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Pleasure Island Commission (Requested By Councilmember Thomas And Mayor Pro Tem Doucet) (5) P. R. No. 16637 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Thomas) B. Ordinances (1) P. O. No. 6147 - An Ordinance Authorizing The Donation Of Bicycles To The Port Cities Rescue Mission Of Port Arthur, Texas (2) P. O. No. 6171 - An Ordinance Authorizing The 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) i 8 AGENDA AUGUST 23, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED C. *Reports And Recommendations (1) Report On Reprogramming Of CDBG Funds (2) A Report Regarding The Process For The Selection Of A City Manager (By Dr. Albert T. Thigpen) *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 August 24, 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 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 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.