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HomeMy WebLinkAboutOCTOBER 18, 2011 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR STEPHEN FITZGIBBONS HAROLD DOUCET, SR., MAYOR PRO TEM '' . — CITY MANAGER city of 4/7-.117, 4 COUNCIL MEMBERS: SHERRI BELLARD 4 t rth rz y — CITY SECRETARY RAYMOND SCOTT, JR. Texas ELIZABETH "LIZ" SEGLER VAL TIZENO MORRIS ALBRIGHT, III CITY ATTORNEY JOHN BEARD, JR. ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGENDA City Council Regular Meeting October 18, 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 October 18, 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 City Secretary Bellard City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes October 4, 2011 — Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers Anthony J. McDaniel Regarding Minimal Progress Pertaining To Benefits For Those In Port Arthur, Follow -Up From Previous Meeting Concerning Questions On Funds Used On Streets And Solid Waste Concerns B. Presentations Presentation Regarding Port Arthur Housing Redevelopment By Ike Akbari of Itex C. Correspondence - None AGENDA OCTOBER 18, 2011 IV. PUBLIC HEARINGS — 6:00 P.M. Regarding A Request For A Pipeline Permit Made By Chevron Pipeline Company For The Installation Of A 6" Feedstock Pipeline Within The Corporate Limits Of The City Of Port Arthur 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.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 (2) 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 No. 001 - 1034 - 515.54 -00 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 Dooley Tackaberry, Inc., Deer Park, TX, In The Amount Of $7,935 For The Purchase Of Firefighting Gloves, Helmets, Hoods And Boots For The Fire Department B. Consideration And Approval Of Payment To Dell Marketing, L.P., Round Rock, TX, In The Amount Of $8,236.53 For The Purchase Of Software, Computer Equipment And Accessories For The Municipal Court 2 AGENDA OCTOBER 18, 2011 VI. CONSENT AGENDA — CONTINUED C. Expense Reports: Mayor Pro Tem Harold Doucet, Sr.: Use of Personal Auto For City Business August 29, 2011 - October 6, 2011 $171.36 Resolutions - Consent (1) P.R. No. 16626 — A Resolution Authorizing Change Order No. 1 To The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Apac- Texas, Inc. For Construction Of A Utility Access Road To Serve The Port Arthur Business Park, Contract No. 1 (Job No. EDC -160) (2) P.R. No. 16643 — A Resolution Authorizing The Execution Of An Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The City Of Port Arthur As It Pertains To Administrative Charges For The Fiscal Year October 1, 2011 Through September 30, 2012 (3) P.R. No. 16667 — A Resolution Authorizing Payments To The City Of Beaumont For Weekend Landfill Use In The Not To Exceed Amount Of R` $50,000 Per Year. Account 403 - 1273 - 533.59 -00 } (4) P.R. No. 16674 — A Resolution Approving The Renewal Of A Contract For Legal Services With Germer Gertz, L.L.P. Law Firm By The City Of Port Arthur Section 4A Economic Development Corporation (5) P.R. No. 16675 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Professional Services Agreement With John Hall Public Affairs For The Implementing Of Environmental Development Plans (6) P.R. No. 16707 — A Resolution Authorizing The Renewal Of The Licenses And Maintenance Agreement With ESRI, Inc. Of Redlands, California For The Arcinfo GIS Software In The Amount Of $11,400. Account No. 001 - 1202- 531.59 -00 i 3 AGENDA OCTOBER 18, 2011 VI. CONSENT AGENDA - CONTINUED (7) P.R. No. 16713 — A Resolution Authorizing The City Manager To Enter Into A Construction Authorization And Donation Agreement With Port Arthur For Positive Action ("PAPA ") For The Development Center (8) P.R. No. 16717 — A Resolution Authorizing Payment Of An Invoice For $30,471 For FY 2012 Computer Services From The Houston Area Library Automated Network (HALAN) (Account No. 001 - 1403 - 551.59 -00) (9) P.R. No. 16718 — A Resolution Authorizing An Agreement With The Mercer Group, Inc. As It Pertains To The Search For The City Manager Position (10) P.R. No. 16719 — A Resolution Confirming The Appointment Of Graceila Alvarez As A Member Of The Civil Service Commission Of The City Of Port Arthur For A Term Ending July 27, 2013 (11) P.R. No. 16720 — A Resolution Authorizing The Police And Fire Departments To Make Application For The 2009 Supplemental Port Security Grant (12) P.R. No. 16721 — A Resolution Authorizing The Mayor To Accept The FY 2011 Emergency Management Performance Grant In The Amount Of $32,315.30 (13) P.R. No. 16722 — A Resolution Authorizing The City Manager To Execute An Agreement With MKY Enterprise Of Port Arthur, Texas, For Computer Support, Server Support, And Email Accounts For The Port Arthur Fire Department In The Amount Of $8,400; Funds Available In Account No. 001- 1121 - 522.54 -00 (14) P.R. No. 16724 — A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And Hollier Construction & Aluminum Of Groves, Texas For Slip -Form Placement Of Concrete On A Unit Cost Basis For Various City Funded And CDBG Grant Funded Street Projects; Proposed Funding: Street Division Account No. 001 - 1203 - 531.36/51/86 And CDBG Street Project Accounts Fa 4 AGENDA OCTOBER 18, 2011 VI. CONSENT AGENDA — CONTINUED (15) P.R. No. 16725 — A Resolution Amending The Contract Between The City Of Port Arthur And Brown Reynolds Watford Architects, Inc. Of College Station, Texas For Design Of The New Fire Station #4 At 5030 S. Gulfway Drive In Sabine Pass, Increasing The Term Of This Contract By 689 Days Until December 31, 2012, For No Additional Cost (16) P.R. No. 16726 — A Resolution Authorizing The City Manager To Execute Change Order 02 To The Contract Between The City Of Port Arthur And Excavators & Constructors, Ltd. For Storm Sewer Improvements Along Procter Street, Increasing The Contract Amount By $44,921.84 To A Total Of $844,621.64. ORPROC, 141 - 1201 - 532.59 -00 I f (17) P.R. No. 16727 — A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And Placo, Ltd. For The Pleasure Island WWTP Diversion Lift Station Project, Decreasing The Contract Amount By $5,096.94 To A Total Of $278,827.55. ORPLEA, 141 - 1201 - 532.59 -00 (18) P.R. No. 16728 — A Resolution Authorizing The City Manager Or His Designee To Go Out For Bids For Mowing Of Property Purchased Through 9 9 P rtY 9 The Neighborhood Stabilization Program (NSP) (19) P.R. No. 16731 — A Resolution Urging The Texas Transportation Commission To Provide Required Funding To Complete The IH -10 Corridor In Orange County (20) P.R. No. 16733 — A Resolution Approving A Gas Main Extension To Richard Wycoff Drive In The City Of Port Arthur Section 4A Economic Development Corporation Spur 93 Business Park By Texas Gas Service Company For An Amount Not To Exceed $13,387.00 (21) P.R. No. 16736 — A Resolution Approving The Use Of $336,578.00 Of Promotional Funds To Be Used For The Rehabilitation Of The Downtown Pavilion To Promote New Business Enterprise 5 AGENDA OCTOBER 18, 2011 VI. CONSENT AGENDA — CONTINUED (22) P.R. No. 16739 — A Resolution Rescinding Resolution No. 10 -505 For A Grant To Kilgore Construction, L.L.C. For Exterior Renovation To The Property Located At 1347 Procter Street Under The Operation Downtown Site Improvement Grant Program (23) P.R. No. 16740 — A Resolution Authorizing The Purchase Of Tax Foreclosed Properties At The Jefferson County Sheriff's Delinquent Tax Sale Held On November 1, 2011. (Account #105 - 1431 - 552.81 -00 Project #C36144) (24) P.R. No. 16742 — A Resolution Accepting Water Utility Easement From MPW Industrial Water Services, Inc. For The Construction, Installation, Laying, And Maintaining Of Water Utilities Through Their Property In The Port Arthur Economic Development Corporation Spur 93 Business Park In The City Of Port Arthur (25) P.R. No. 16743 — A Resolution Approving Change Order No. 5 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 St. And 333 Waco Avenue Increasing The Cost By $43,602.00 To A New Total Of $2,378,254.71 (26) P.R. No. 16746 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Contract Between South East Texas Regional Planning Commission And The City Of Port Arthur For The Texas Department Of Housing And Community Affairs (TDHCA) Hurricane Ike Disaster Recovery Program VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 16730 — A Resolution Authorizing The Execution Of Pipeline Permit 11 -01 From The City Of Port Arthur To Chevron Pipeline Company For And On Behalf Of Chevron Phillips Chemical Company L.P. Of Bellaire, Texas For The Installation Of A 6" Feedstock Pipeline Within The Corporate Limits Of Port Arthur 6 AGENDA OCTOBER 18, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT - CONTINUED B. Ordinances (1) P.O. 6180 — An Ordinance Amending Article III, Chapter 34, Section 81, Of The Code Of Ordinances, As It Pertains To Weeds And Wild Excessive Growth Of Vegetation, And Article VIII (Housing Code), Section 18 -382, As It Pertains To Amendments To Code (2) P.O. No. 6183 — An Ordinance Amending Section 110 Of The Code Of Ordinances By Adding Sub - Section 110 -99 Procedures For Water Utility Billing Adjustments - Commercial Accounts (3) P.O. No. 6184 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting An Abandonment For A Section Of Houston Avenue In The 2000 Block That Extends Northward From East 19 Street To The Entrance Of The Motiva Refinery In The City Of Port Arthur, Jefferson County, Texas And Depicted On The Display And Providing The Effective Date Of This Ordinance (A11 -01 — Motiva Enterprises, LLC) (4) P.O. No. 6185 — An Ordinance Amending The Budget For The City Of Port Arthur Section 4A Economic Development Corporation For The Fiscal Year Beginning October 1, 2011 And Ending September 30, 2012 To Budget For Promotional Expenditures Not To Exceed Ten (10 %) Percent Of Current Revenues 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 OCTOBER 18, 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 October 19, 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 ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** II 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.