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HomeMy WebLinkAbout02-07-12 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR JOHN A. COMEAUX, P.E. HAROLD DOUCET, SR. MAYOR PRO TEM City of g "' ACTING CITY MANAGER IA COUNCIL MEMBERS: �1 SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER O r t 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 February 7, 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 FEBRUARY 7, 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 Acting City Manager Comeaux City Secretary Bellard City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes January 10, 2012 Regular Meeting January 17, 2012 Special Meeting January 25, 2012 Special Executive Meeting January 25, 2012 Regular Meeting January 30, 2012 Special Executive Meeting III. PETITIONS & COMMUNICATIONS A. Speakers Don Jenkins Regarding Smoking In Public Places AGENDA FEBRUARY 7, 2012 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations Presentation Of The Government Finance Officers Association Of The United States And Canada (GFOA) Certificate For Excellence In Financial Reporting To The Finance Department Of The City Of Port Arthur For The Comprehensive Annual Financial Report (CAFR) For The Year Ended September 30, 2010 C. Correspondence - None IV. PUBLIC HEARINGS - 9:00 AM 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. 16776 - A Resolution Approving An Economic Incentive Contract & Loan Agreement Between Hernandez & Solis, Inc. And The City Of Port Arthur Section 4A Economic Development Corporation (2) P.R. No. 16832 - A Resolution Approving An Industrial District Agreement With Exxonmobil Oil Corporation (3) P.R. No. 16850 - A Resolution Approving An Economic Incentive Contract & Loan Agreement Between J.Z. Russell Industries, Inc. And The City Of Port Arthur Section 4A Economic Development Corporation (4) P.R. No. 16853 - A Resolution Authorizing The Execution Of An Annual Supply Contract For Tires And Tubes Through Buyboard With Southern Tire Mart Of Beaumont, Texas, In The Estimated Amount Of $240,000 To Be Charged To Various Departmental Accounts 2 AGENDA FEBRUARY 7, 2012 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 J &M Industries, Inc., Ponchatoula, LA In The Amount Of $10,200 For The Purchase Of Landfill Tarps For The Public Works Department B. Consideration And Approval Of Payment To Mustang CAT, Houston, TX In The Amount Of $36,487.43 For Payment Of Invoices Due For Repairs To Two Bulldozer Units For The Solid Waste Landfill Division C. Consideration And Approval Of Payment To Kay Electronics, Beaumont, TX In The Amount Of $9,435 For The Purchase Of Three (3) Radio Antennas And Hardware At Fire Stations 1, 3 And 8 D. Consideration And Approval Of Payment To Energy Country Ford, Port Arthur, TX In The Amount Of $5,292.45 For The Repairs To Unit 1838 For The Police Department E. Expense Reports: Mayor Deloris "Bobbie" Prince: Attended United States Conference Of Mayors Washington, D.C., January 17 -21, 2012 $2,689.21 Mayor Pro Tem Harold Doucet, Sr.: Attended EDC Seminar San Antonio, Texas, January 28 -31, 2012 $2,120.18 Councilmember Raymond Scott, Jr.: Attended EDC Seminar San Antonio, Texas, January 28 -31, 2012 $1,727.03 3 AGENDA FEBRUARY 7, 2012 VI. CONSENT AGENDA - CONTINUED City Secretary Sherri Bellard: Attended TMCCP Election Law Seminar Irving, TX, January 17 -20, 2012 $1,747.37 Resolutions - Consent (1) P.R. No. 16811 - A Resolution Approving The 2012 City Streets Program In The City Of Port Arthur, With Funding To Be Available In Community Development Block Grant Accounts (2) P.R. No. 16857 - A Resolution Of The City Council To Dedicate 20 Acres Of City Owned Property Immediately Adjacent To SSGT Lucian Adams Park As Open Space Natural Area Pursuant To Grant Requirements Of The Texas Parks And Wildlife Department (3) P.R. No. 16859 - A Resolution Authorizing The City Manager To Enter Into A Professional Services Contract With Employees Benefit Solutions Inc. (EBS) To Provide Administrative Services For The 2012 Retirees Drug Subsidy (RDS) Filing At A Cost Of $17,500 Fund No.(s): 614 - Health Insurance Fund (4) P.R. No. 16861 - A Resolution Calling For A Public Hearing To Consider A Zoning Change From Single Family To Planned Development District - 7 And A Second Public Hearing To Consider Granting A Specific -Use Permit To Allow Light Manufacturing And Assembly Process, Both On Approximately 20.00 Acres Of Land Consisting Of All Lot 7, Block 9, Range "I ", Port Arthur Land Company Subdivision (Located North Of 57 Street And West Of 9 Avenue), City Of Port Arthur, Jefferson County, Texas (5) P.R. No. 16862 - A Resolution Authorizing The Mayor And Or Any Assistant City Manager To Attend And Conduct A Public Hearing At The Offices Of The Port Of Port Arthur, 221 Houston Avenue, Port Arthur, On February 17, 2012, At 9:00 A.M. Regarding The Issuance And Approval Of Port Arthur Navigation District Industrial Development Corporation Exempt Facilities Revenue Bonds (TOTAL Petrochemicals & Refining USA, Inc. Project) Series 2011 In The Aggregate Principal Amount Of $150,000,000, As Per 26 USCS Section 147 4 AGENDA FEBRUARY 7, 2012 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 16864 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (7) P.R. No. 16865 - A Resolution Authorizing The Fire Chief To Apply For The FY 2011 Staffing For Adequate Fire And Emergency Response Grant Program (SAFER) (8) P.R. No. 16866 - A Resolution Authorizing The City Of Port Arthur To Publish A Request For Qualifications For The Engineering And Design Of Soccer Fields On City Owned Property Near SSGT. Lucian Adams Park (9) P.R. No. 16868 - A Resolution Authorizing The May 12, 2012 General Election Support And Services Agreement With Hart Intercivic. Funding Is Available In Account No. 001 - 1013 - 513.54 -00 (10) P.R. No. 16869 - A Resolution Authorizing The City Manager To Execute An Agreement With SCS Engineers Of Bedford, Texas For Wetlands Permitting For A Soil Borrow Area At The City Landfill For An Amount Of $48,000. Account Number 403 - 1274 - 533.54 -00 (11) P.R. No. 16870 - A Resolution Authorizing The City Manager To Execute An Agreement With Dashiell Of Sulphur, Louisiana For The Port Arthur Water Purification Plant 15KV Switchgear Testing For The Amount Of $12,612. Project ORWTPG, 141- 1201 - 532.59- 00 (12) P.R. No. 16871 - A Resolution Authorizing The City Manager To Execute An Agreement With Terracon Consultants, Inc. Of League City, Texas For Materials Testing For Fire Station #4 For The Not To Exceed Amount Of $17,898. Project IKEFS4 121- 2300 - 901.82- 00 (13) P.R. No. 16872 - A Resolution Authorizing The Purchase Of One Fire Department Administrative Vehicle Via The HGAC Buy Cooperative Purchasing Program From Dallas Dodge Of Dallas, Texas In The Amount Of $27,943 Funding Available In Account Number 625- 1801 - 522.93 -00 5 I I AGENDA FEBRUARY 7, 2012 VI. CONSENT AGENDA - CONTINUED (14) P.R. No. 16873 - A Resolution Approving Change Order No. 6 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 Street And 333 Waco Avenue Increasing The Cost By $10,555 And Extending The Contract From March 1 2012 To March 31 2012 (15) P.R. No. 16874 - A Resolution Authorizing A Contract With Alpha - Lee Enterprises, Inc., Regarding The July 4, 2012 Fireworks Display. Total Cost Of The Contract Is $14,800 (Account No. 001- 1003- 512.59 -00; M99901) (16) P.R. No. 16875 - A Resolution Authorizing The Second Year Renewal Of A Contract For The Purchase Of Repair Clamps, For The Utility Operations Department With MDN Enterprises Of New Caney, Texas, In The Total Estimated Amount Of $64,671.02; Funds Available In Account No. 410 - 1253 - 532.35 -00 & 410 -1255- 532.33 -00 (17) P.R. No. 16880 - A Resolution Authorizing The Advertisement Of A Request For Qualifications For Professional Engineering Services Related To The Various Projects Required To Provide Water Services To Sabine Pass Liquefaction, LLC (18) P.R. No. 16881 - A Resolution Authorizing The City Of Port Arthur To Accept A Donation Of A Fully Trained Narcotics Detection Dog Valued At $5000 From Lone Star K -9 LLC Of Port Arthur, Texas, For Use By The Police Department VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 16851 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Golf Course Committee (2) P.R. No. 16863 - A Resolution Authorizing The Acting City Manager To Provide Funding Up To $129,983 To The Pleasure Island Commission To Fund A Portion Of The Restroom Reconstruction (Account No. 121 - 2300 - 901.89 -00 IKEPIC) 6 AGENDA FEBRUARY 7, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (3) P.R. No. 16867 - A Resolution Requesting The City Council To Place A Proposition On The May 2012 Election Ballot B. Ordinances (1) P.O. No. 6189 - An Appropriation Ordinance Amending The General Fund Budget For The Fiscal Year Beginning October 1, 2011 And Ending September 30, 2012 By $130,000 In Order To Fund The Reconstruction Of Public Restrooms On Pleasure Island (2) P.O. No. 6191 - An Appropriation Ordinance Amending The General Fund Budget For The Fiscal Year Beginning October 1, 2011 And Ending September 30, 2012 By $55,000 In Order To Fund The Completion Of The Police Station And Municipal Court Renovation Project (3) P.O. No. 6208 - An Ordinance Amending Ordinance No. 12 -02 That Conveyed 5040 Austin Avenue, A City Owned Property, To John Perry (4) P.O. No. 6209 - An Ordinance Amending The City Of Port Arthur Drug And Alcohol Policy (5) P.O. No. 6210 - An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To A Low And Moderate Income Resident Of The City Who Is Participating In The Hurricane Ike Housing Reconstruction Program Through The Texas Department Of Housing & Community Affairs (TDHCA) C. *Reports And Recommendations (1) Report On Community Development Block Grant Requests For 2012 (2) November 2011 Financial Report (3) 2011 EDC Annual Report *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 AGENDA FEBRUARY 7, 2012 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 551.071 Government Code- To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements With Exxonmobil And BASF/TOTAL Joint Venture (2) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (3) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (Hernandez & Solis, And J.Z. Russell [EDC Projects]) (4) Section 551.074 Government Code - To Discuss The Selection Of Potential Candidates For The Position Of City Manager *The Items In Executive Session May Be Discussed And Acted On In Open Session X. ADJOURNMENT OF MEETING 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 Reauestina 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.