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HomeMy WebLinkAboutNOVEMBER 1, 2011 REGULAR MEETING City Council Meeting City Hall Council Chamber City Of Port Arthur NOVEMBER 1, 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, Ill 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 18, 2011 Special Executive Meeting III. PETITIONS & COMMUNICATIONS A. Speakers - None B. Presentations - None C. Correspondence - None AGENDA NOVEMBER 1, 2011 IV. PUBLIC HEARINGS - 9:00 AM - None 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 A Purchase From Southeast Texas Starter, Alternator, And Battery Company, Port Arthur, TX In The Amount Of $14,830 For The Purchase Of Two Utility Carts For The Operations Department, Water Purification And Wastewater Treatment Divisions B. Consideration And Approval Of Payment To Orchid Ce / /mark Forensic Services, Dallas, TX In The Amount Of $5,584.50 For Analysis Of Blood Samples Submitted C. Consideration And Approval Of Payment To Crane Tech, Inc., Beaumont, TX In The Amount Of $5,068.08 For Repairs And Yearly Maintenance Of Boom Truck Unit #1613 D. Consideration And Approval Of Payment To Sanofi Pasteur of Chicago, IL. In The Amount Of $15,276.67 For 150 Doses Of Influenza Vaccine E. Consideration And Approval Of Payment To Horbia Medical, Inc. of Irvine, CA In The Amount Of $6,620 For The Annual Maintenance Agreement For the Horbia Hematology Instrument 2 AGENDA NOVEMBER 1, 2011 VI. CONSENT AGENDA - CONTINUED F. Consideration And Approval Of A Purchase From Traffic Parts, Inc,. Houston, TX For In The Amount Of $6,037.50 For 25 Traffic Signal Heads G. Expense Reports Mayor Deloris "Bobbie" Prince: Travel Expense To Attend The TML Annual Conference In Houston, Texas October 11 -14, 2011 $1,021.86 Mayor Pro Tem Harold Doucet: Travel Expense To Attend The TML Annual Conference In Houston, Texas October 11 -14, 2011 $1,191.77 Councilmember Raymond Scott: Travel Expense To Attend The TML Annual Conference In Houston, Texas October 11 -14, 2011 $1,191.77 Councilmember Elizabeth "Liz" Segler: Travel Expense To Attend The TML Annual Conference In Houston, Texas October 11 -14, 2011 $1099.58 Councilmember Morris Albright, III: Travel Expense To Attend The TML Annual Conference In Houston, Texas October 11 -14, 2011 $245.00 Councilmember Robert E. "Bob" Williamson: Travel Expense To Attend The TML Annual Conference In Houston, Texas October 11 -14, 2011 $1,272.95 Councilmember Derrick Freeman: Travel Expense To Attend The TML Annual Conference In Houston, Texas October 11 -14, 2011 $1,218.83 City Secretary Sherri Bellard: Travel Expense To Attend The TML Annual Conference In Houston, Texas October 11 -14, 2011 $1,462.09 City Attorney Valecia "Val" Tizeno: Travel Expense To Attend The TML Annual Conference In Houston, Texas October 12 -14, 2011 $1,029.73 3 AGENDA NOVEMBER 1, 2011 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P.R. No. 16539 - A Resolution Authorizing A Contract Between The City Of Port Arthur And Texcavation Co. In The Amount Of $24,985 For Installation Of Ninety -Five (95) Bus Stop Signs Over A Period Of Thirty (30) Days, This Shall Be Funded From TX90 -X916 Using Account 401 - 1509 - 561.89 -00 (2) P.R. No. 16553 - A Resolution Authorizing The Execution Of Change Order No. 1 To The Contract Between The City Of Port Arthur And T. Johnson Industries, Inc. At No Additional Cost (88 Day Time Extension Only) For The Emergency Generator Installation For The 46 St., North Plant, And Lake Charles Lift Stations Project, Account No. 141 -1201- 532.59 -00, Project No. ORNPLA, OR46TH, & ORLAKE (3) P.R. No. 16616 - A Resolution Authorizing The Execution Of Change Order No. 1 To The Contract Between The City Of Port Arthur And Caliber Solutions In The Amount Of $4,437, With A 45 Day Time Extension For The Primary Generator Installation For The Water Purification Plant Project, Account No. 141 - 1201 - 532.59 -00, Project No. ORWTPG (4) P.R. No. 16677 - A Resolution Authorizing The Execution Of Change Order No. 1 To The Contract Between The City Of Port Arthur And T. Johnson Industries, Inc. At No Additional Cost (45 Day Time Extension Only) For The Primary And Secondary Generators For The Main Wastewater Treatment Plant And Primary Generator For The Main Outfall Lift Station Project, Account No. 141 - 1201 - 532.59 -00, Project No. ORPRIM, ORMSEC, & ORMAIN (5) P.R. No. 16686 - A Resolution Authorizing The Execution Of Change Order No. 1 To The Contract Between The City Of Port Arthur And Electrical Specialties, Inc. At No Additional Cost (71 Day Time Extension Only) For The Emergency Generator Installation For The Pioneer Park, 74 St., Hwy 365, And Montrose Lift Stations Project, Account No. 141- 1201 - 532.59 -00, Project No. ORPION, OR74TH, ORH365 & ORMONT 4 AGENDA NOVEMBER 1, 2011 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 16695 - A Resolution Awarding A Contract To N &T Construction Co., Inc. For The Construction Of Two (2) Softball Fields At SSGT Lucian Adams Park Pursuant To The Texas Parks And Wildlife Department Grant In The Amount Of $742,000. Account Numbers 303 - 1603- 591.54 -00 And 303 - 1603- 591.89 -00 CIP717 (7) P.R. No. 16702 - A Resolution Terminating The Homelessness Prevention And Rapid Re- Housing Program (HPRP) Contract With Ellis Hospitality Center And Transferring The Contract Balance To Catholic Charities Of Southeast Texas (8) P.R. No. 16716 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (9) P.R. No. 16723 - A Resolution Authorizing The Purchase Of A D6N LGP Bulldozer From Mustang Cat Of Beaumont, Texas Through Buyboard In The Amount Of $224,567, Accounts 625- 1801 - 533.93- 00 And 625 - 0000 - 334.79 -00 (10) P.R. No. 16735 - A Resolution Authorizing The City Of Port Arthur To Purchase Leads Online, A Web Based System Designed To Assist Law Enforcement In Solving Property Crimes (Funds Available In Account No. 001 -1101- 521.54 -00) (11) P.R. No. 16738 - A Resolution Authorizing The Execution Of Change Order No. 5 To The Contract Between The City Of Port Arthur And Allco, Inc. For The Sanitary Sewer Rehabilitation By The Pipe Bursting And Sliplining Methods Project, Basins PA64C & PA66, Contract No. 6, Increasing The Contract Amount By $306,678.87, Account No. 404 - 1625- 532.83 -00, Project No. 404PB6 (12) P.R. No. 16741 - A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And AA Electrical Contractors Of Beaumont, Texas For Wiring Modular Unit(S), Increasing The Amount By $972.29 To A Total Of $7,790.29, Funds Split 50/50 From Account Numbers 401- 1504- 561.51 -00 And 401 -1506- 561.51 -00 5 AGENDA NOVEMBER 1, 2011 VI. CONSENT AGENDA - CONTINUED (13) P.R. No. 16744 - A Resolution To Reprogram $200,000 Of Community Development Block Grant Funds From The 2011 CDBG Street Program, 105 - 1431 - 522.59 -00, Project Number C37151 To Adams Park Improvements, Account Number 105 - 1431 - 552.59 -00, Project Number C37154 (14) P.R. No. 16745 - A Resolution Authorizing The Execution Of Change Order No. 5 To The Contract Between The City Of Port Arthur And Simco Enterprises, Ltd. For The Sanitary Sewer Rehabilitation By The Pipe Bursting And Sliplining Methods Project, Basins LC73, LC709, & SE435, Contract No. 7, Increasing The Contract Amount By $1,046.02 And Contract Time By 58 Calendar Days; Account No. 404 - 1625- 532.83 -00, Project No. 404PB7 (15) P.R. No. 16751 - A Resolution Authorizing The Certification Of Port Cities Rescue Mission As Community Housing Development Organization (CHDO) In Accordance With The Requirements Of The Federal Home Program (16) P.R. No. 16752 - A Resolution Authorizing The Submission Of A Contract Amendment #8 Request For The Community Development Fund Contract Between The City Of Port Arthur And The Texas General Land Office Contract Number DRS010148 (17) P.R No. 16753 - A Resolution Authorizing The 2nd Year (1St Renewal) For The Contract Between The City Of Port Arthur And Crabtree Barricade Systems, Inc. For Striping Of City Streets. Account 001 - 1205 - 531.59 -00 (18) P.R. No. 16756 - A Resolution Authorizing The Mayor To Sign The Emergency Notification System Interlocal Agreement With The South East Texas Regional Planning Commission (SETRPC) To Enhance The City's Existing Communication Capabilities By The Continued Utilization Of Blackboard Connect 6 AGENDA NOVEMBER 1, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions - None C. Ordinances (1) P.O. No. 6182 - An Ordinance Amending Chapter 38 (Fire Prevention And Protection) Of The Code Of Ordinances By Adding Subsection 503.3.2 To Section (D) Section 503.3 Of Chapter 5, Fire Service Features, Pertaining To Violation Of Requirements Of This Code By Individuals Leaving A Vehicle Unattended Within Designated Fire Lanes; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violations By Fine Not Exceeding Two Thousand Dollars, As Provided In Section 5 Of This Code Or As May Be Otherwise Imposed By State Law; Providing A Savings Clause; And Providing For Publication And An Effective Date Immediately After Publication (2) P.O. No. 6186 - An Ordinance Enacting 2 -190 - Public Information Policy Division 1 - Generally, Chapter 2 - Administration Part II Of The City's Code Of Ordinances As To Establish Regulations For Submitting, Receiving, And Processing Requests For Public Information (Open Records); The Following: Rules, Standards, Procedures, Criminal Penalties, And Severability (3) P.O. No. 6188 - An Ordinance Designating December 27, 2011 As A Legal Holiday AGENDA NOVEMBER 1, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT D. *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 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 ": k � 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 551.074 Government Code - To Discuss The Evaluation Of The Municipal Court Judge (2) Section 551.074 Government Code - To Discuss The Evaluation Of The City Manager (3) Section 551.074 Government Code - To Discuss The Evaluation Of The City Attorney (4) Section 551.074 Government Code - To Discuss The Evaluation Of The City Secretary (5) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects 8 AGENDA NOVEMBER 1, 2011 IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED (6) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To An Outstanding Assessment Lien (7) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements (8) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Funding Of Grants *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 November 2, 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 ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 9 RULES OF DECORUM - PERSONS ADDRESSING RSONS SS NG 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.