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HomeMy WebLinkAboutDECEMBER 13, 2011 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR E II d ' STEPHEN FITZGIBBONS HAROLD DOUCET, SR. MAYOR PRO TEM City of G " CITY MANAGER P?) COUNCIL MEMBERS: SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER V?rt r t h u r MORRIS ALBRIGHT texas VAL TIZENO JOHN BEARD, JR. CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGENDA City Council Regular Meeting December 13, 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 December 13, 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 III. PETITIONS & COMMUNICATIONS A. Speakers Michael Grogan Regarding Providing City Employees A Sandwich /Coffee Shop B. Presentations Fair Housing Impediments Study By John Kaine With Community Development Services C. Correspondence - None IV. PUBLIC HEARINGS — 6:00 P.M. - None AGENDA DECEMBER 13, 2011 V. UNFINISHED BUSINESS (1) P.R. No. 16787 — A Resolution Approving An Industrial District Agreement With Exxonmobil Oil Corporation (2) P.R. No. 16788 — A Resolution Approving An Industrial District Agreement With Sunoco Pipeline, L.P. 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 — Items A. Consideration And Approval Of Payment To Kin loch Equipment & Supply, Inc, Pasadena, 7X In The Amount Of $5,558.56 For Emergency Repairs To Vehicle #1507, A 2003 Jet Sewer Cleaner, For The Utility Operations Department B. Consideration And Approval Of Payment In The Amount Of $196,206.21 For The City's Pro -Rata Share Of 2011 -2012 Jefferson County Appraisal District Budget C. Consideration And Approval Of Payment To J.M. Kaufman Service, Inc. In The Amount Of $16,230.36 For Hauling Material For The 9 Avenue And Park Place II CDBG Streets Program D. Expense Reports Mayor Deloris "Bobbie" Prince: Attended Meeting With White House Intergovernmental Affairs Regarding Downtown /Westside Revitalization Washington, D.C. November 16 -19, 2011 $1,379.32 2 AGENDA DECEMBER 13, 2011 VI. CONSENT AGENDA - CONTINUED Councilmember Derrick Freeman: Attended National League Of Cities Annual Conference Phoenix, AZ, November 8 -13, 2011 $2,929.65 Resolutions - Consent (1) P.R. No. 16676 — A Resolution Calling A Public Hearing With Regard To Proposed Assessments For Public Water System Improvements On 63 Street From Pat Avenue To East Of Diamond Avenue (2) P.R. No. 16761 — A Resolution Authorizing A Non - Exclusive Contract With Triangle Waste Solutions As To Provide Roll -Off Boxes For Garbage, Drinking Water, And Portable Toilets In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2012 To December 31, 2014 (3) P.R. No. 16765 — A Resolution Authorizing The City Manager To Enter Into Contracts With SKR Construction, Inc. And DSW Homes, LLC For Repairs To Four (4) Newly Constructed Homes That Were Vandalized, Account Number 117 - 1404 - 621.59 -00 (4) P.R. No. 16766 — A Resolution Authorizing The City Manager To Enter Into A Contract With Southeast Texas Building Services, Inc. Of Nederland, Texas, For Janitorial Services For The Police Department, Fire Administration And Municipal Court In An Amount Not To Exceed $60,960.00, To Be Charged To Account No. 001 - 1101 - 521.32 -00 (5) P.R. No. 16790 — A Resolution Rescinding Resolution No. 11 -287 And Authorizing The City Manager To Execute A Project Grant Agreement With The Texas Department Of Transportation To Assist With Fiscal Year 2011 -2012 Operating Expenditures For The City Of Port Arthur Transit System (6) P.R. No. 16791 — A Resolution Authorizing The Approval And Adoption Of The Analysis Of Impediments To Fair Housing Study For The City Of Port Arthur That Was Conducted By Community Development Services For The City Of Port Arthur 3 AGENDA DECEMBER 13, 2011 VI. CONSENT AGENDA - CONTINUED (7) P.R. No. 16797 — A Resolution Authorizing The City To Enter Into An Agreement With Sungard Public Sector To Convert Demolition Records For Use In The New Naviline Computer System In The Estimated Amount Of $24,000. Funding Is Available In Account Number C35121 105 -1431- 552.57 -00 (8) P.R. No. 16798 — A Resolution Accepting The Sub - Recipient Award For The 2011 State Homeland Security Grant Program (SHSP) Projected At $86,843.54 (9) P.R. No. 16799 — A Resolution Accepting The Sub - Recipient Award For The 2011 State Homeland Security Grant Program Law Enforcement Terrorism Prevention Activity (SHSP) Projected At $21,442 (10) P.R. No. 16800 — A Resolution Authorizing The City Manager To Execute A Two (2) Year Agreement Between Iglesia Triunfo Church And The City Of Port Arthur For The Use Of Church Property For Soccer And Related Activities (11) P.R. No. 16802 — A Resolution As It Pertains To A Consultant Agreement With Carl R. Griffith & Associates For Professional Consulting Services (12) P.R. No. 16803 — A Resolution Authorizing The Transfer Of Funds In The Amount Of $112,491.82 From The Following Activities, Code Enforcement, Project# C33121, And C34121, And Demolition, Project# C34120, To The City Of Port Arthur Demolition Department, Project# C36120 (13) P.R. No. 16805 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (14) P.R. No. 16806 — A Resolution Accepting The Pleasure Island Diversion Force Main Project, Contract No. 4, From ALLCO, L.L.C., And Authorizing Final Payment In The Amount Of $6,568.68, Account No. 428 -1625- 532.83 -00, Project No. 428002. (15) P.R. No. 16807 — A Resolution Authorizing The Rejection Of Bids Received For The Port Arthur Downtown Pavilion Renovation Project And Authorization To Re- Advertise The Project 4 AGENDA DECEMBER 13, 2011 VI. CONSENT AGENDA - CONTINUED (16) P.R. No. 16808 — A Resolution Requesting Approval Of Port Arthur Transit (PAT) System's Disadvantage Business Enterprise (DBE) Policy, To Be In Compliance With The Federal Transit Administration Regulations In 49 CFR And To Be Eligible For Continued Funding (17) P.R. No. 16809 — A Resolution Authorizing That The City Council To Approve An Award To Duo -Gard Industries Of Canton, MI. For The Purchase Of Twelve (12) Passenger Waiting Shelters For A Cost Of $83,160.00 (Account: 401 - 1509 - 561 - 89.00) (18) P.R. No. 16812 — A Resolution Authorizing The Execution Of Change Order No. 6 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 $95,534.44, Account No. 404- 1625 - 532.83 -00, Project No. 404PB6 (19) P.R. No. 16813 — A Resolution Authorizing The Execution Of Amendment No. 1 To A Pipeline Crossing Contract Between The City Of Port Arthur And Kansas City Southern Railway Company (20) P.R. No. 16816 — A Resolution Authorizing The Execution Of Change Order No. 6 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 $238,824.90 And Increasing The Contract Time By 120 Days. Account No. 404 -1625- 532.83 -00, City Project No. 404WWT (21) P.R. No. 16818 — A Resolution Authorizing The Port Arthur Economic Development Corporation To Refund The Sponsor Contributions By Supporting Companies To The "Thank You Industry" Gala 5 AGENDA DECEMBER 13, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 16672 — A Resolution Approving An Economic Incentive Contract & Loan Agreement Between Worldwide Sorbent Products, Inc. And The City Of Port Arthur Section 4A Economic Development Corporation (2) P.R. No. 16815 — A Resolution Authorizing A Contract For Professional Services Between The City Of Port Arthur Section 4A Economic Development Corporation And Arceneaux & Gates Consulting Engineers, Inc. For The Engineering, Design, Surveying, Testing, And Resident Project Representation For Construction Of Utilities, Drainage And Paving Improvements For Kerry "Twin" Thomas Drive In The Spur 93 Business Park B. Ordinances (1) P.O. No. 6198 — An Ordinance Of The City Of Port Arthur, Texas Authorizing The Suspension Of The Effective Date For An Additional Ninety (90) Days Beyond The January 2, 2012, Effective Date Proposed By Entergy Texas, Inc., In Connection With Its Rate Increase Application Entitled "Application Of Entergy Texas, Inc. For Authority To Change Rates And To Reconcile Fuel Costs ", Filed On November 28, 2011; Authorizing The Hiring Of Lawyers And Rate Experts; Authorizing The City's Participation To The Full Extent Permitted By Law At The Public Utility Commission Of Texas, Requiring Reimbursement Of Municipal Rate Case Expenses; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date C. *Reports And Recommendations To Discuss And Possibly Take Action On An Economic Development Administration Grant (EDA) *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 6 r AGENDA DECEMBER 13, 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 December 14, 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 ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 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.