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
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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
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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
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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
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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
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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.