Loading...
HomeMy WebLinkAboutSEPTEMBER 20, 2011 REGULAR MEETING N DELORIS "BOBBIE" PRINCE, MAYOR ==_� STEPHEN FITZGIBBONS HAROLD DOUCET, SR. MAYOR PRO TEM C'i1} ref 04, CITY MANAGER COUNCIL MEMBERS: SHERRI BF,LLARD RAYMOND SCOTT, JR. ACTING CITY SECRETARY ELIZABETH "LIZ" SEGLER o r rth u r MORRIS ALBRIGHT T exas VAL TIZENO JOHN BEARD, JR. CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGENDA City Council Regular Meeting September 20 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 September 20, 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 (1) September 6, 2011 Regular Meeting (2) September 13, 2011 Special Meeting (3) September 15, 2011 Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers — None. B. Presentations - None C. Correspondence - None AGENDA SEPTEMBER 20, 2011 IV. PUBLIC HEARINGS — 6:00 P.M. (1) Consideration Of The Updated Redistricting Plan & Population Summary For 2012 (2) Consideration Of Funding For Capital Projects With The Texas Department Of Transportation For Fiscal Years 2011 -2016 For The Port Arthur Transit System 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.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 (2) P.O. No. 6167 — An Ordinance Adopting A Tax Rate For The Tax Year 2011 (Fiscal Year October 1, 2011 -- September 30, 2012) (3) 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 (4) 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 (5) 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 -91 Of Division 3 (Services 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 2 AGENDA SEPTEMBER 20, 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. Consent — Item A. Consideration And Approval Of Payment To Jefferson County Appraisal District In The Amount Of $190,173.20 For The 2010 -2011 Jefferson County Appraisal District Funding Allocation Resolutions - Consent (1) P.R. No. 16612 — A Resolution Authorizing The City Manager To Execute A Contract Between The Port Arthur — Pop Warner Football League Gulf Coast And The City Of Port Arthur For The Use Of City Junior League Football Field At SSGT Lucian Adams Park From September 20, 2011 Through December 31, 2011 (2) P.R. No. 16617 — A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates A Convention /Visitors Bureau In Order To Provide Funding Of $475,000 For The 2011 -- 2012 Fiscal Year (3) P.R. No. 16618 — A Resolution Authorizing The Execution Of An Agreement To Share Operating Expenses Of Rose Hill Between The City Of Port Arthur And The Federated Women's Club Of Port Arthur For The 2011 -2012 Fiscal Year, In An Amount Not To Exceed $12,000, Accounts #140- 1405 - 551.59 -00, M97908 And 001 - 1402 - 551.14 -00 (4) P.R. No. 16619 — A Resolution Approving A Contract Between The City Of Port Arthur, Lamar State College -Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2011 -2012 Fiscal Year In The Amount Of $169,336, Account #140- 1405 - 551.59 -00, M97904 3 AGENDA SEPTEMBER 20, 2011 VI. CONSENT AGENDA - CONTINUED (5) P.R. No. 16620 — A Resolution Approving A Contract Between The City Of Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Pompeiian Villa For The 2011 -2012 Fiscal Year In The Amount Of $19,800, Account #140.1405- 551.59 -00, M97909 (6) P.R. No. 16621 — A Resolution Approving A Contract Between The City Of Port Arthur And Southeast Texas Arts Council (SETAC) For The Purpose Of Funding SETAC For The 2011 - -2012 Fiscal Year In The Amount Of $45,000, Account #140 - 1405 - 551.59 -00,, M97901 (7) P.R. No. 16647 — A Resolution Authorizing The City Manager To Enter Into A Contract With RWL Group For Risk Management Consulting Services At The Not To Exceed Cost Of $18,000 For The 2011 -2012 Fiscal Year: Funding By: General Liability Insurance Fund 612 - 1702 - 581.52 -00 (8) P.R. No. 16652 — A Resolution Authorizing The City Manager To Enter Into A 5 Year Master Grant Agreement With The Texas Department Of Transportation And Authorizing The City Of Port Arthur Transit Division To Submit A Part Grant Application For Fiscal Year 2012 (9) P.R. No. 16654 — A Resolution Extending The Performance Period Of Law Academy, Inc. Community Development Block Grant Contract From July 28, 2011 To December 31, 2011 (10) P.R. No. 16665 — A Resolution Authorizing A One (1) Year Contract Between The City Of Port Arthur And Carroll & Blackman, Inc. For The Management Of The Industrial Storm Water Pollution Prevention Plan For The City Of Port Arthur Transit Faclilities In The Amount Of $4,500 Transit Operating Grant Account Number 401 -1504- 561.54 -00 (11) P.R. No. 16671 — A Resolution Authorizing The City Manager And City Council To Adopt And Execute The Newly Developed Elements Of The Federal Transit Administration (FTA) Policies And Procedures Relating To The Title VI Program Of The Civil Rights Act Of 1964 (12) P.R. No. 16678 — A Resolution Approving Change Order No. 4 To The Contract Between The City Of Port Arthur And Daniels Building & Construction, Inc. For The Renovation Of The Police, Fire And Municipal Court Buildings At 645 4 Street And :333 Waco Avenue Extending The Contract Expiration Day To March :l, 2012 4 AGENDA SEPTEMBER 20, 2011 VI. CONSENT AGENDA - CONTINUED (13) P.R. No. 16682 — A Resolution Authorizing The City Manager To Accept The Real Property Donation From Robert L. Goodspeed And Wife, Caroline D. Goodspeed Contingent Upon Clear Title (14) P.R. No. 16683 — A Resolution Authorizing The 2 Year (1 Renewal) For The Contract Between The City Of Fort Arthur And CCAP Inc. dba Sanserve Building Services Of Beaumont, Texas For Janitorial Services For City Hall And City Hall Annex. Funding Is Available In Account 001 -1206- 531.32 -00 For An Annual Amount Of $43,591.56 (15) P.R. No. 16684 — A Resolution Authorizing The Execution Of Contracts For High Density Polyethylene Pipe With Act Pipe & Supply Of Beaumont, Texas And HD Supply Of Beaumont, Texas. Accounts 001- 1204 - 531.34- 00, 001 - 1204 - 531.84 -00, And CDBG Project Accounts (16) P.R. No. 16685 — A Resolution Authorizing The Fire Chief To Apply To The Texas Forest Service — Texas Intrastate Fire Mutual Aid System (TIFMAS) Apparatus Grant Program (17) P.R. No. 16687 — A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $8,865.53 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Automated Garbage Truck Unit #1526 (18) P.R. No. 16688 — A Resolution Authorizing Payment To The Pleasure Island Commission For Reimbursement For Grass Cutting Services On Parks On Pleasure Island In The Amount Of $9,750 [Account Number 001 - 1207 - 531.31 -00] (19) P.R. No. 16689 — A Resolution Authorizing The Mayor And Or The City Manager To Attend And Conduct A Public Hearing At The Offices Of The Port Of Port Arthur, 221 Houston Avenue, Port Arthur, On October 6, 2011 At 9:00 A.M. Regarding The Issuance And Approval Of Port Of Port Arthur Navigation District Of Jefferson County, Texas Exempt Facilities Revenue Bonds (TOTAL Petrochemicals USA, Inc. Project) Series 2011A In The Aggregate Principal Amount Of $150,000,000, As Per 26 USCS Section 147 5 AGENDA SEPTEMBER 20, 2011 VI. CONSENT AGENDA - CONTINUED (20) P.R. No. 16692 — A Resolution Approving A Contract Between The City Of Port Arthur And The Texas Artist Museum (TAMS) For The Purpose Of Funding The Museum Located At 3501 Cultural Center Drive For The 2011 -2012 Fiscal Year In The Amount Of $8,000, Account #140 -1405- 551.59 -00, M10101 VII. ITEMS REQUIRING INDIVIDUAL ACTION -- NON - CONSENT A. Resolutions (1) P.R. No. 16669 — A Resolution Pertaining To The Appointment Of The City Secretary Pursuant To Article VII, Section 1 Of The City Charter (2) P.R. No. 16670 — A Resolution Pertaining To The Appointment Of The Assistant City Secretary Pursuant To Article VII Section 1 Of The City Charter (3) P.R. No. 16679 — A Resolution Authorizing The City Manager To Execute Renewal Contracts Between Its Third Party Administrator (Administrative Services Only) For The City Of Port Arthur Group Medical, Dental Insurance; For Basic Life, For Basic Accidental Death And Dismemberment, And Excess Loss Indemnity With Blue Cross And Blue Shield Of Texas, Inc. (4) P.R. No. 16680 — A Resolution Approving A Twelve (12) Month Professional Services Agreement With John Hall Public Affairs For The Continued Work On The City's Environmental Justice Plan And Other Related Environmental Projects In The Amount Of $74,500, Account No. 001 - 1003 - 512.59 -00 B. Ordinances (1) P.O. No. 6172 — An Ordinance Providing For Holiday Pay For The Fiscal Year 2011/2012 (Requested By Mayor Prince) 6 AGENDA SEPTEMBER 20, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION -- NON - CONSENT - CONTINUED (2) P.O. No. 6173 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Zoning Change From Single - Family To Light Commercial For 2.066 Acres Of Land Consisting Of Tract 1, Block 12, Boulevard Courts Addition, AKA 2548 Memorial Boulevard, City Of Port Arthur, Jefferson County, Texas (Violation Of This Ordinance And The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Sections 1 -13 Of The Code Of Ordinances As Amended By A Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. Z11 -04 (Gulf Coast Health Center, Inc.) "SF" Single - Family To "LC" Light Commercial (3) P.O. No. 6177 — 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) (4) P.O. No. 6178 — An Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The Port Arthur Police Association. Proposed Funding: Police Department Budget Account No. 001 - 1101 - 521.11 -00 (5) P.O. No. 6179 — An Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The International Association Of Fire Fighters Local 397. Proposed Funding: Fire Department Budget Account No. 001 -1121- 522.11 -00 C. *Reports And Recommendations — None *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 7 AGENDA AUGUST 20, 2011 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 September 21, 2011. During The Recess, No Action Will Be Taken On Any ][tem Of Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, All In Accordance With The Open Meetings Law *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 8 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 shalt 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 Rearresting 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.