HomeMy WebLinkAboutSEPTEMBER 6, 2011 REGULAR MEETING 'tiI DELORIS "BOBBIE" PRINCE, MAYOR = 'r«.. STEPHEN FITZGIBBONS HAROLD DOIJCET, SR. MAYOR PRO TEM Ca% of Crry ) CITY MANAGER COUNCIL MEMBERS: TERRI HANKS RAYMOND SCOTT, JR. o rt rth u_ T� CITY SECRETARY ELIZABETH "LIZ" SELLER MORRIS ALBRIGHT Texas VAL TIZENO JOHN BEARD, JR. CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGENDA City Council Regular Meeting September 06 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.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 September 6, 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 August 23, 2011 Special Meeting August 23, 2011 Special Executive Meeting August 23, 2011 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Greg Richard Regarding Affirmative Action In Port Arthur With Refinery Hiring (2) Elyssa Washington Regarding Local Minority Companies And Refinery Expansions (3) Danny Crout Regarding Inadequate Police Response And Demolition B. Presentations - None C. Correspondence - None AGENDA SEPTEMBER 6, 2011 IV. PUBLIC HEARINGS - 9:00 AM (1) To Consider A Zoning Change From Single Family "SF" To Light Commercial "LC" - Gulf Coast Health Care Center, Inc. Located South Of 25 Street And East Of Memorial Boulevard, City Of Port Arthur, Jefferson County, Texas (2) To Consider The Redistricting Process And Proposed Plans 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 Neder /and Glass Company, Nederland, TX In The Amount Of $23,713 For The Purchase Of A Replacement Glass Lobby Entrance At The Police Department B. Consideration And Approval Of Payment To Transit Mix, Beaumont, TX In The Amount Of $16,489.01 For Road Building Materials For The Public Works Drainage Division C. Consideration And Approval Of Payment To Mustang CAT, Houston, TX In The Amount Of $11,815.71 For The Payment Of Invoices For The Solid Waste Landfill Division D. Consideration And Approval Of Payment To BLOC Design-Build, LLC, Longview, TX In The Amount Of $24,997.21 For The Purchase Of A Lift Station Control & Radio Telemetry System For The Main Outfall Lift Station 2 AGENDA SEPTEMBER 6, 2011 VI. CONSENT AGENDA - CONTINUED E. Consideration And Approval Of Payment To Enterprise Rent Neder /and, TX In The Amount. Of $11,438 For Vehicles Rented Through The NEG Program (May, 2011 - August, 2011) F. Consideration And Approval Of Payment To Sanofi Pasteur, Chicago, IL In The Amount Of $7,817.71 For Flu Vaccine For The Health Department G. Consideration And Approval Of Payment To Duck's Drag line Service, Inc., Beaumont, TX In The Amount Of $9,335 For Ditch Cleaning Services In The Stonegate Area H. Consideration And Approval Of Payment To Bernard Unlimited, Port Arthur, TX In The Amount Of $8,200 For Driveway Repairs (Water Distribution Division) I. Consideration And Approval Of Payment To Truck Body, Beaumont, TX In The Amount Of $12,830 For The Replacement Of Two (2) 6/8 CY Dump Truck Beds For Units 1404 & 1405 (Water Purification Department) J. Expense Reports: Mayor Deloris "Bobbie" Prince: Attended Environmental Protection Agency Meeting Washington, D.C., August 31- September 1, 2011 $678.86 Councilmember Derrick Freeman: Attended TML Newly Elected Officials Orientation, Austin, TX, July 14 -16, 2011 $766.15 City Manager Steve Fitzgibbons: Attended Environmental Protection Agency Meeting Washington, D.C., August 31- September 1, 2011 $754.96 Acting Assistant City Secretary Kelly Moore: Attended Texas Municipal Clerks Legislative Update, Austin, TX, August 10 -12, 2011 $1,082.73 3 AGENDA SEPTEMBER 6, 2011 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P. R. No. 16638 - A Resolution Calling For A Public Hearing To Consider A Proposed Abandonment Of A Section Of Houston Avenue North Of 19 Street To The Existing Motiva Enterprises Houston Avenue Gate (A11 -01 - MOTIVA ENTERPRISES, LLC) (2) P. R. No. 16640 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (3) P. R. No. 16644 - A Resolution Authorizing The Execution Of Change Order No. 5 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 $95,481.72 And Increasing Contract Time By 6 Days. Account No. 404 - 1625- 532.83 -00, City Project No. 404WWT (4) P. R. No. 16645 - A Resolution Approving The FY 2011 -2012 Contract Between The City Of Port Arthur And The Department Of State Health Services For Title V Child Health Fee For Services In The Amount Of $30,000 (5) P. R. No. 16646 - A Resolution Approving An Affiliation Agreement Between The City Of Port Arthur Health Department And Lamar University, Beaumont, Texas, For The Use Of Community -Based Clinical Facilities For The Education Of Nursing Students (6) P. R. No. 16648 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of An Automobile Physical Damage Claim In The Amount Of $4,188.64 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1857 (7) P. R. No. 16651 - A Resolution Affirming The Investment Policies Of The City of Port Arthur For The 2011 -2012 Fiscal Year 4 AGENDA SEPTEMBER 6, 2011 VI. CONSENT AGENDA - CONTINUED (8) P. R. No. 16653 - A Resolution Authorizing The City Manager To Execute A Merchant Agreement With Automated Merchant Systems (9) P. R. No. 16656 - A Resolution Authorizing The 2010 -2011 Annual Contribution To The Retiree Health Insurance Trust Fund As Established Through The ICMA Retirement Corporation's Vantagecare RHS Employer Investment Program (EIP) In The Amount Of $600,000; Account Number 614 - 1701 - 583.21 -00 (10) P. R. No. 16658 - A Resolution Authorizing The Fire Chief To Apply For The 2011 Assistance To Firefighters Grant Program (11) P. R. No. 16659 - A Resolution To Approve The FY 2011 -2012 Contract Between The City Of Port Arthur And The Texas Department Of State Health Services For Primary Health Care Grant Funds In The Amount Of $100,000 (12) P. R. No. 16660 - A Resolution Appointing Dr. William D. George As The Health Authority For The City Of Port Arthur Pursuant To Section 121.023 Of The Health And Safety Code (13) P. R. No. 16661 - A Resolution Approving An Affiliation Agreement Between The City Of Port Arthur And The University Of Texas Medical Branch (UTMB) At Galveston To Utilize The Health Department As A Clinical Facility For The Education Of Nursing Students (14) P. R. No. 16662 - A Resolution Approving The FY 2011 -2012 Contract Between The City Of Port Arthur And The Department Of State Health Services, RLSS - Local Public Health System In The Amount Of $167,516.91 (15) P. R. No. 16663 - A Resolution Approving The FY 2011 -2012 Contract Between The City Of Port Arthur And The Department Of State Health Services, Immunization Branch - Locals In The Amount Of $162,630 (16) P. R. No. 16664 - A Resolution Approving An Interlocal Agreement Between The City Of Port Arthur And Jefferson County Drainage District No. 7 To Repair Cambridge Avenue In The Lakeside Addition; Funding Available In Account No. 001 - 1203 - 531.36 -00 s AGENDA SEPTEMBER 6, 2011 VI. CONSENT AGENDA - CONTINUED (17) P. R. No. 16668 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And URS Corporation To Provide Technical Services In Compiling A Fair Housing Activity Statement (FHAST) Not To Exceed The Amount Of $8,000; Funding Available In Account No. 117 - 1404 - 621.59 -00 N 6 AGENDA SEPTEMBER 6, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P. R. No. 16649 - A Resolution Electing Not To Require The Remittance Of A Public Education & Government (PEG ") Fee By Holders Of A State Issued Certificate Of Franchise Authority (2) P. R. No. 16657 - A Resolution Authorizing The Purchase Of Eight (8) Single Operator Trash Trucks From Rush Truck Center Of Houston L.P. Of Houston, Texas Through HGACBuy In The Amount Of $903,520, Account 625 - 1801 - 533.93 -00 B. Ordinances (1) P. O. No. 6165 - An Appropriation Ordinance Amending The General Fund Budget By $100,000 For Costs Related To The Superfund Site, Amending The Equipment Replacement Fund Budget For The Fiscal Year Beginning October 1, 2010 And Ending September 30, 2011 By $800,000 In Order To Purchase Eight (8) Replacement Trash Units For The Solid Waste Department, And Amending The Worker's Compensation Fund Budget $150,000 To Fund Additional Worker's Compensation Claims Costs (2) P. O. No. 6166 - An Appropriation Ordinance Adopting A Budget For The Ensuing Fiscal Year Beginning October 1, 2011 And Ending September 30, 2012 In Accordance With Section 7, Article XII Of The Charter Of The City Of Port Arthur (3) P. O. No. 6167 - An Ordinance Adopting A Tax Rate For The Tax Year 2011 (Fiscal Year October 1, 2011 - September 30, 2012) (4) P. O. No. 6168 - An Ordinance Approving The 2011 Tax Roll For The Use And Support Of The Municipal Government Of The City Of Port Arthur; And Providing For The Interest And Sinking Fund And Apportioning Each Levy For A Specific Purpose (5) P. O. No. 6169 - An Appropriation Ordinance Approving And Adopting A Budget For The City Of Port Arthur Section 4A Economic Development Corporation For The Ensuing Fiscal Year Beginning October 1, 2011 And Ending September 30, 2012 In Accordance With Section 12.03 Of The Bylaws Of The Corporation AGENDA SEPTEMBER 6, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (6) P. O. No. 6170 - An Ordinance Amending Sections 110 -91 And 110 -92 Of Division 3 (Service Charges And Billings) Of Article II (Water) And Subsection (A) And (C) Of Section 110 -191 Of Division 3 (Service Charges) Of Article III (Sewer) Of Chapter 110 (Utilities) Of The Code Of Ordinances, City Of Port Arthur; Said Amendments Increasing Water And Sewer Rates And Charges Repealing All Ordinances And Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Thereof. (7) P. O. No. 6174 - An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of A Claim In The Amount Of $4,985.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1652 (8) P. O. No. 6175 - An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of A Claim In The Amount Of $5,227.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1553 (9) P. O. No. 6176 - 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) C. *Reports And Recommendations (1) Report/Workshop On 2011 -2012 Proposed Budget (2) Report Regarding The Process For The Selection Of A City Manager (By Dr. Albert T. Thigpen) (3) Report On Grass Cutting (4) Report On Civil Service Negotiations For Police And Fire (5) Report On Possible City Council Retreat *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 8 AGENDA SEPTEMBER 6, 2011 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 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Outstanding Liens And Bills For Grass Cutting (2) Section 551.074 Government Code - To Discuss The Duties And Responsibilities Of The City Secretary (3) Section 551.071 Government Code - To Discuss With The City Attorney Pending Administrative Proceedings With The Public Utilities Commission Regarding Time Warner Cable Municipal Franchise (4) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation With State Marine (5) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (6) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation With USA Self Storage, Inc. DBA Access RV And Scott Monroe V's. City Of Port Arthur *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 (:l) 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 itern 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.