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HomeMy WebLinkAboutJANUARY 10, 2012 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR Olt STEPHEN FITZGIBBONS HAROLD DOUCET, SR. MAYOR PRO TEM City of tib M CITY MANAGER COUNCIL MEMBERS: I 4J SHERRI BELLARD RAYMOND SCOTT, JR CITY SECRETARY ELIZABETH "LIZ" SEGLER O r l r t h it r MORRIS ALBRIGHT Texas VAL TIZENO JOHN BEARD, JR. CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGEN DA City Council Regular Meeting January 10, 2012 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 JANUARY 10, 2012 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 November 29, 2011 Regular Meeting December 13, 2011 Special Executive Meeting December 13, 2011 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Sherry Watts Regarding Renovations To A Park In El Vista (2) Kevin Johnson Regarding Potential Legislation For Casinos In Texas AGENDA JANUARY 10, 2012 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations Presentation By Jim Mercer, The Mercer Group, Inc., Regarding Part I Of The Management And Performance Review Of Operations Of The City Of Port Arthur, Texas And The Port Arthur Economic Development Corporation C. Correspondence - None IV. PUBLIC HEARINGS - 9:00 AM To Consider The Federal Transit Administration's Proposed Award For Operation And Capital For Fiscal 2011 -12 For The Port Arthur Transit System (PAT) 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 Jarrett's Appraisal Services In The Amount Of $6,800 For Services Rendered In Reference To The Texas National Guard Armory Building B. Consideration And Approval Of Payment To City Fence Of Port Arthur, TX In The Amount Of $7,559 For Fencing At Various Utility Operations Department Sites 2 AGENDA JANUARY 10, 2012 VI. CONSENT AGENDA - CONTINUED C. Consideration And Approval Of Payment To Metro Fire Of Houston, TX In The Amount Of $30,389 For The Purchase Of Holmatro Brand Rescue Tools And Associated Items For The Fire Department D. Consideration And Approval Of Payment To Martin Apparatus Of Port Arthur, TX In The Amount Of $18,816.95 For Invoices For Preventative Maintenance And Repairs For Various Fire Department Trucks E. Consideration And Approval Of Payment To The Dr. Martin Luther King, Jr. Support Group Of Southeast Texas In The Amount Of $2,500 For Program Sponsorship And Event Tickets To The Annual Celebration Brunch F. Consideration And Approval Of Payment To Daimler Bus North America Of Greensboro, NC In The Amount Of $6,257.87 For The Purchase Of Replacement Stock Inventory Repair Parts For Ten (10) 2005 Orion SLF Propane Buses G. Consideration And Approval Of Payment To Ro / %Offs, USA Of Durant, OKIn The Amount Of $8,688 For The Purchase Of Nine (9) Eight C.Y. Commercial Containers For The Public Works Department H. Consideration And Approval Of Payment To A &B Outdoor Equipment Of Nederland, TX In The Amount Of $6,999.99 For The Purchase Of A Ferris 1500 52" Riding Lawnmower For The Economic Development Corporation I. Consideration And Approval Of Payment To S.E. Texas Lawn & Maintenance Of Beaumont, TX In The Amount Of $1,345 For An Additional Cut For Groups 3B And 6 For The Parks And Recreation Department J. Expense Reports Mayor Pro Tem Harold Doucet, Sr.: Use of Personal Auto For City Business October 10 — December 22, 2011 $321.81 3 AGENDA JANUARY 10, 2012 VI. CONSENT AGENDA - CONTINUED City Secretary Sherri Bellard: Travel Expense To Attend Secretary Of State Annual Election Conference In Austin, Texas November 29, 2011 - December 2, 2011 $1,083.71 Resolutions - Consent (1) P.R. No. 16754 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And S.E. Texas Lawn & Maintenance Of Beaumont, Texas For Grass Cutting Services At The Civic Center Department Buildings In The Amount Of $11,120.00 Per Year; Funding Available In Account No. 001 - 1061- 518.31 -00 (2) P.R. No. 16759 - A Resolution Authorizing The Execution Of Amendment No. 2 To The Contract Between The Southeast Texas Regional Planning Commission (SETRPC) And The City Of Port Arthur For The Texas Department Of Housing And Community Affairs (TDHCA) Hurricane Ike Disaster Recovery Program (3) P.R. No. 16819 - A Resolution Authorizing The City Manager To Execute An Agreement With Casco Industries Of Houston, Texas For Fire Fighting Protective Coats And Trousers In A Total Amount Estimated At $48,936. Funding From Account No. 001 -1121- 522.26 -00 (4) P.R. No. 16820 - A Resolution Awarding A Contract To AT Demolition, LLC In The Amount Of $16,910, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group A), To Be Charged To Account No. 105- 1431 - 552.59 -00 (5) P.R. No. 16821 - A Resolution Awarding A Contract To Huffman Construction, Inc. In The Amount Of $17,700.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group B), To Be Charged To Account No. 105 - 1431 - 552.59 -00 Project No. C36120 4 AGENDA JANUARY 10, 2012 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 16822 - A Resolution Awarding A Contract To Huffman Construction, Inc. In The Amount Of $17,300.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group C), To Be Charged To Account No. 105 - 1431 - 552.59 -00 Project No. C36120 (7) P.R. No. 16823 - A Resolution Awarding A Contract To Huffman Construction, Inc. In The Amount Of $30,300.00, And Authorizing The Execution Of A Contract For The Demolition Of Eight (8) Dangerous Residential Properties (Group A -T), To Be Charged To Account No. 105 - 1431 - 552.59 -00 Project No. C36120 (8) P.R. No. 16824 - A Resolution Authorizing The City Manager To Execute An Agreement With N &T Construction Of Beaumont, Texas For The Renovation Of The Transit Service Building In The Amount Of $763,000.00. Funding Available In Account No(s) 401- 1509- 561.82 -00 (TX -90 -X859) And 402 - 1508 - 561.82 -00 (TX -96- X040). (9) P.R No. 16825 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (10) P.R. No. 16827 - A Resolution Awarding A Contract To Hardy•Heck•Moore Inc., Of Austin, Texas For A Photographic Historic Research Survey Of Commercial Buildings In A Designated Area Of Downtown Port Arthur For An Amount Not To Exceed $25,000. Budgeted Funds Are Available In Account Number 141- 1201- 532.59 -00 (ORDEMO) (11) P.R. No. 16828 - A Resolution To Authorize The Acceptance Of The Federal Transit Administration's Proposed Award Of $1,758,508 For Planning, Operation And Capital For Fiscal Year 2011 -12 For The Port Arthur Transit (PAT) System (12) P.R. No. 16829 - A Resolution Extending The Lease Agreement With Petersen Industries, Inc. For Trash Trucks By Two (2) Months And Increasing The Amount By $22,000 To A New Total Of $61,988. Account No. 403 - 1271 - 533.51 -00 5 AGENDA JANUARY 10, 2012 VI. CONSENT AGENDA - CONTINUED (13) P.R. No. 16830 - A Resolution Authorizing A Contract For City Hall Security Upgrades With ComTech Group Of Beaumont, Texas Through Tips/Taps, A Purchasing Cooperative, In The Amount Of $6,038, Account 001- 1206 - 531.59 -00 (14) P.R. No. 16833 - A Resolution Authorizing The City Manager To Publish A Request For Proposals For Services Related To The Pre - Qualification Of Housing Applicants For Replacement Housing And Repair Through The CDBG, Ike Recovery Round 2.2 Program (15) P.R. No. 16834 - A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement With The Region VIII Service Center For Participation In The Interlocal Purchasing System (TIPS/TAPS) Program (16) P.R. No. 16835 - A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And ALLCO, L.L.C. For Storm Sewer Improvements Along Kansas Avenue (AKA Rev. Raymond Scott), Increasing The Contract Term By 124 Days With No Change To The Contract Amount (17) P.R. No. 16837 - A Resolution To Approve A Contract Between The City Of Port Arthur And The Department Of State Health Services For Funds In The Amount Of $5,000 For Tuberculosis Prevention And Control (18) P.R. No. 16839 - A Resolution Amending The Contract Amount Between The City Of Port Arthur And G & K Services Of Houston, Texas, For Uniforms, Place Mats, And Various Maintenance Services; Funding Available In Account Nos. 401 - 1501 - 561.26 -00; 401 -1502- 561.26 -00 And 401 -1506- 561.26 -00 (19) P.R. No. 16840 - A Resolution Authorizing The Final Payment Including 5% Retainage In The Amount Of $9,180.57 To GADV Inc. DBA L &L General Contractors For The Completion Of The Construction Of Babe Zaharias Golf Course Pump Station #2 As Contracted With The City Of Port Arthur. Project ORBABE, 141- 1201- 532.59 -00 6 AGENDA JANUARY 10, 2012 VI. CONSENT AGENDA - CONTINUED (20) P.R. No. 16841 - A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And N &T Construction Co. Inc. For The TPWD Funded Construction Of Two (2) Softball Fields At SSGT. Lucian Adams Park, Increasing The Contract Amount By $58,000 To A New Total Of $950,000 With Zero (0) Change In Contract Time. Account Number 105 - 1431 - 552.59 -00 Project No. C37154 (21) P.R. No. 16842 - A Resolution Authorizing The Purchase Of Nine (9) Police Vehicles Via The HGAC Buy Cooperative Purchasing Program From Dallas Dodge Of Dallas, Texas, In The Amount Of $287,181; Funding Available In Account Numbers 625 -1801- 521.93 -00 And 115 -1101- 521.93 -00 (CVE Account) (22) P.R. No. 16843 - A Resolution Authorizing The Purchase Of Two (2) Police Vehicles Via The TXSMARTBUY State Contract From Reliable Chevrolet Of Richardson, Texas In The Amount Of $68,466.78; Funding Available In Account Number 625 -1801- 521.93 -00 (23) P.R. No. 16844 - A Resolution Authorizing The Execution Of Change Order No. 6 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, Not Changing The Contract Amount And Increasing The Contract Time By 46 Calendar Days; Account No. 404 - 1625- 532.83 -00, Project No. 404PB7 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 16832 - A Resolution Approving An Industrial District Agreement With ExxonMobil Oil Corporation (2) P.R. No. 16845 - A Resolution Appointing An Acting City Manager For The City Of Port Arthur And Establishing The Terms Of Employment 7 AGENDA JANUARY 10, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED B. Ordinances (1) P.O. No. 6199 - An Appropriation Ordinance Amending The General Fund Budget For The Fiscal Year Beginning October 1, 2011 And Ending September 30, 2012 By $450,000 In Order To Fund Construction On Five (5) Soccer Fields At Adams Park And $100,000 To Fund Consulting Related To Pre - Qualifying Housing Applicants For The Ike Recovery Round 2.2 Program (2) P.O. No. 6200 - An Ordinance Authorizing Three (3) Special Warranty Deeds For Conveyance Of Property 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) (3) P.O. No. 6201 - 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 For The Downtown Renaissance District Board (DRDB) (4) P.O. No. 6202 - An Ordinance Authorizing The Sale Of Surplus Furniture /Minor Equipment, Vehicles, Equipment, Or Heavy Equipment By A Public Online Auction Through Renee Bates Auctioneers, Inc. (5) P.O. No. 6204 - An Ordinance Of The City Council Of Port Arthur, Texas, Authorizing Participation With Other Entergy Service Area Cities In Matters Concerning Entergy Texas, Inc. At The Public Utility Commission Of Texas And The Federal Energy Regulatory Commission In 2012 C. *Reports And Recommendations (1) September2011 Financial Report (2) Report On Process Of Appointing A Charter Change Review Committee( Requested By Beard, Doucet, and Scott) (3) Report On City Drug And Alcohol Policy (Requested By Councilmembers Beard, Doucet, and Scott) 8 AGENDA JANUARY 10, 2012 f . VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (4) Report On 2011 -2012 Street Program (Requested By Councilmembers Beard, Doucet and Scott) (5) Report On Programs And Activities Of The Downtown Renaissance District Board (DRDB) (Requested By Councilmembers Beard, Doucet And Scott) *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 ": 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 551.072 Government Code - To Discuss The Value Of Land At 6760 9 Avenue (2) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (WSP, And Hernandez & Solis, Inc. [EDC Projects]) 9 AGENDA JANUARY 10, 2012 IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED (3) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (Letters Of Intent From Gulf Copper, Team Fabricators, And JZ Russell) (4) Section 551.074 - To Discuss The Selection Of Potential Candidates For The Position Of City Manager (5) Section 551.074 Government Code - To Discuss The Appointment Of An Acting City Manager (6) Section 551.072 Government Code - To Discuss The Value Of Land At 2201 6 Street (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 Assessment And Grass Cutting Liens (9) Section 551.072 Government Code - To Discuss The Value Of Land At 3451 57 Street *The Items In Executive Session May Be Discussed And Acted On In Open Session X. ADJOURNMENT OF MEETING 10 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.