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HomeMy WebLinkAboutOCTOBER 4, 2011 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR STEPHEN FITZGIBBONS HAROLD DOUCET, SR. MAYOR PRO TEM City of i 77 +\ CITY MANAGER 1 J1 ` A COUNCIL MEMBERS: + SHERRI BELLARD RAYMOND SCOTT, JR. O r t r t h u r CITY SECRETARY ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT Texas VAL TIZENO JOHN BEARD, JR. CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGENDA City Council Regular Meeting October 4, 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 October 4, 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 City Secretary Bellard City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes September 20, 2011 Special Meeting - Retreat September 20, 2011 Special Executive Meeting September 20, 2011 Regular Meeting September 26, 2011 Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Sharon Jones Regarding Code of Ordinance Article 110, Section 98 Water Adjustments (2) Anthony J. McDaniel Regarding Road Construction Progress And Council Meeting Schedule AGENDA OCTOBER 4, 2011 III. PETITIONS & COMMUNICATIONS B. Presentations A Presentation By GGI Energy Regarding Waste Proposal C. Correspondence - None IV. PUBLIC HEARINGS - 9:00 AM To Consider Whether Or Not To Grant The Applicant The Abandonment Of A Section Of Houston Avenue North Of 19` Street To The Existing Motiva Enterprises Houston Avenue Gate 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 ICS Incident Communication Solutions, Stevensville, MD In The Amount Of $5,700 For The Purchase Of Satellite Communications For The Fire And Police Departments B. Consideration And Approval Of A Purchase To Romero's G /ass Company, Port Arthur, TX In The Amount Of $9,500.00 For The Purchase And Installation Of Replacement Windows At The Fire Administration Building 2 AGENDA OCTOBER 4, 2011 VI. CONSENT AGENDA - CONTINUED C. Consideration And Approval Of Payment To Walker's Electric Company, Beaumont, TX In The Amount Of $6,678.70 For Work Done At County Park And Eagles Park D. Consideration And Approval Of Payment To The Texas Commission On Fire Protection In The Amount Of $8,925.00 For The Annual Renewal Of Firefighter Certifications E. Consideration And Approval Of Payment To Spidle & Spidle, Inc. Port Arthur, TX In The Amount Of $22,895.74 For The Purchase Of Diesel Fuel For The Landfill Resolutions - Consent (1) P.R. No. 16655 - A Resolution Authorizing The Rejection Of The Competitive Sealed Proposals Received For The Renovation Of The City's Transit Facilities Located At 320 Dallas Avenue And Providing Authorization To Re- Advertise Said Project (2) P.R. No. 16666 - A Resolution Authorizing The City Manager To Execute An Extended Warranty And Preventive Maintenance Contract For Defibrillators With Zoll Medical Corporation For The Port Arthur Fire Department In The Amount Of $12,605; Funding Available In Account No. 001 - 1121 - 522.42 -00 (3) P.R. No. 16681 - A Resolution Authorizing The Transfer Of Funds In The Amount Of $28,971.66 In Community Development Block Grant (CDBG) Funds To City Of Port Arthur Housing Administration For Eligible Housing Activities (4) P.R. No. 16690 - A Resolution Authorizing The Execution Of A Payment Agreement Between The City Of Port Arthur And Valley View Estates (5) P.R. No. 16691 - A Resolution Authorizing The City Manager To Renew A Contract With Blackboard Connect For Government To Enhance The City's Existing Communication Capabilities In The Amount Of $40,115.95 For Fiscal Year 2011/2012; Funding Available In Account No. 001 - 1101 - 521.61 -03 3 AGENDA OCTOBER 4, 2011 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 16693 - A Resolution Renewing An Application Services Provider Agreement With Sungard Public Sector, Inc. In An Estimated Annual Amount Of $140,340.00 For The 2011 -2012 Fiscal Year. Account 001 - 1034 - 515 -54.00 (7) P.R. No. 16694 - A Resolution Renewing A Contract Between The City Of Port Arthur And Swagit Productions LLC, For The Provision Of On- Demand Streaming Video Of City Council Meetings In The Amount Of $4,500. Account 001 - 1034 - 515.54 -00 (8) P.R. No. 16696 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (9) P.R. No. 16697 - A Resolution Authorizing The Rejection Of The Two (2) Bids Received For The Purchase Of Eight (8) Passenger Waiting Shelters With The Option For Eight (8) Additional Shelters (10) P.R. No. 16698 - A Resolution Authorizing A One (1) Time Exception To The Coordinated Home Care Visits Provided By The City Of Port Arthur Under Major Medical Health Insurance Benefit Plan For City Of Port Arthur Employees And Retirees (11) P.R. No. 16700 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Planning And Zoning Commission (12) P.R. No. 16701 - A Resolution Authorizing The City Manager To Renew A One Year Maintenance Agreement Between The City Of Port Arthur And CMA Technology Solutions, For Hardware Maintenance On The IBM EServer 15, Referred To As The AS400, In The Amount Of $6,800.11. Account 001 - 1034 - 515.42 -00 (13) P.R. No. 16703 - A Resolution Authorizing The Calling Of A Public Hearing To Consider Whether Or Not To Issue A Permit For The Installation Of A 6" Feedstock Pipeline Within The City Limits Of The City Of Port Arthur (14) P.R. No. 16704 - A Resolution Authorizing The Execution Of Contracts For Purchase Of Asphalt, Oil, & Emulsions With Martin Asphalt Company Of Houston, Texas. Account No. 001 -1203- 531.86 -00, 001 - 1203 - 531.36 -00, And CDBG Project Accounts 4 J I AGENDA OCTOBER 4, 2011 VI. CONSENT AGENDA - CONTINUED (15) P.R. No. 16705 - A Resolution Authorizing The 1 Year Of A Contract Between The City Of Port Arthur And Spidle & Spidle, Inc. Of Port Arthur, Texas For Dyed, Off -Road Diesel. Account No. 403- 1274- 533.24 -00 (16) P.R. No. 16706 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And L D Construction Of Beaumont, Texas For Planing And /Or Texturing Of Pavement On A Unit Cost Basis For Various City Funded And Community Development Block Grant (CDBG) Funded Street Projects; Proposed Funding: Streets Division Account 001 -1203- 531.36/51/86 And CDBG Streets Project Accounts (17) P.R. No. 16708 - A Resolution Authorizing The Execution Of Change Order No. 4 To The Contract Between The City Of Port Arthur And Simco Enterprises, Ltd. At No Additional Cost (31 Day Time Extension Only) For The Sanitary Sewer Rehabilitation By The Pipe Bursting And Sliplining Methods Project, Basins LC73,LC709, & SE435, Contract No. 7; Account No. 404 -1625- 532.83 -00, Project No. 404PB7 (18) P.R. No. 16709 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Rose E. Quirante, R.D., For The Provision Of Dietary Consultation Services For The Women, Infants And Children (WIC) Program (19) P.R. No. 16710 - A Resolution To Extend The Contract Between The City Of Port Arthur And Northstar Unlimited Of Beaumont, TX For Grass Cutting Services Of Privately -Owned And City -Owned Vacant Lots In An Area Of The City Designated As Area B -1, To Be Charged To Account No. 001 - 1304 - 541.59 -00 (20) P.R. No. 16711 - A Resolution To Approve The FY 2011 -2012 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Card Participation In The Amount Of $283,494 5 AGENDA OCTOBER 4, 2011 VI. CONSENT AGENDA - CONTINUED (21) P.R. No. 16712 - A Resolution To Extend The Contract Between The City Of Port Arthur And Northstar Unlimited Of Beaumont, TX For Grass Cutting Services Of Privately -Owned And City -Owned Vacant Lots In An Area Of The City Designated As Area B -2 , To Be Charged To Account No. 001 - 1304 - 541.59 -00 (22) P.R. No. 16714 - A Resolution Authorizing The Rental Of Trash Trucks From Petersen Industries, Inc. In The Not To Exceed Amount Of $39,988. Account No. 403 - 1271 - 533.51 -00 (23) P.R. No. 16715 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (Requested By Councilmember Segler And Councilmember Williamson) VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions - None B. Ordinances P.O. No. 6181 - An Ordinance Adopting A Revised Plan For The City's Council Member Districts, Providing For Related Matters, And An Effective Date P.O. No. 6181 - Una Ordenanza De La Ciudad De Port Arthur, Tejas, Adoptando Un Plan Revisado Para La Ciudad De Los Distritos De Miembro De Concilio; El Prever Materias Relacionadas Y Una Fecha De Efectivo C. *Reports And Recommendations (1) To Discuss Funding Resources For The Downtown Renaissance Development Board (DRDB) - (Requested By Mayor Pro Tem Doucet, Councilmember Scott and Councilmember Thomas) (2) Status On The City Manager Selection Process *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 6 AGENDA OCTOBER 4, 2011 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: "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 /Or Industrial Business Prospects (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential And Pending Litigation As It Pertains To Assessments, Grass Cutting Liens, And Municipal Court Fines And Fees (3) Section 551.074 Government Code - To Discuss And Possibly Take Action Regarding The Duties And Responsibilities Of The City Manager (4) Section 551.071 Government Code - To Discuss With Legal Counsel Potential Litigation As It Pertains To Jail Costs *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA OCTOBER 4, 2011 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 October 5, 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 ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 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 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.