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HomeMy WebLinkAbout02-21-12 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR n ' JOHN A. COMEAUX, P.E. HAROLD DOUCET, SR. MAYOR PRO TEM City of ACTING CITY MANAGER �A1 COUNCIL MEMBERS: SHERRI BELLARD RAYMOND SCOTT, JR. '— CITY SECRETARY ELIZABETH "LIZ" SEGLER l? l t ►'tj2 1l l MORRIS ALBRIGHT Texas VAL TIZENO JOHN BEARD, JR. CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGEN DA City Council Regular Meeting February 21, 2012 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 February 21, 2012 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 Acting City Manager Comeaux City Secretary Bellard City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes February 7, 2012 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Hassan Shomalzadeh Regarding City Participation In The Development Of 18 Acres To Residential (2) Anthony J. McDaniel Regarding Aggressive Pursuit Of Street Reconstruction And Repairs AGENDA FEBRUARY 21, 2012 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations C. Correspondence - None IV. PUBLIC HEARINGS - 6:00 PM (1) To Consider Proposed Assessments For The Provision Of Water Service And Fire Protection To Enable The Construction Of Homes Along 63 Street From Pat Avenue To Just East Of Diamond Avenue, Which The City Council Deems To Be Necessary And In The Public Interest (2) To Consider A Zoning Change From Single Family "SF" To Light Commercial "LC" Located North Of 11 Street On The East And West Corners Of Woodworth Boulevard, City Of Port Arthur, Jefferson County, Texas 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. 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. 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) 2 AGENDA FEBRUARY 21, 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 Hi -Way Equipment Co., Beaumont, TX In The Amount Of $8,500 For A Rental Gradall For The Public Works Drainage Division B. Consideration And Approval Of Payment To Clinical Image Management Systems, San Antonio, TX In The Amount Of $7,660 For Annual Maintenance On X -Ray Machine For The Health Department C. Consideration And Approval Of Payment To Hernandez Office Supply, Nederland, TX Through TXMAS In The Amount Of $7,294.85 For The Purchase Of Furniture For the Police Department D. Expense Reports: Mayor Deloris "Bobbie" Prince: Use Of Personal Auto For City Business February 16, 2012 $21.42 Councilmember Derrick Freeman: Attended TML Meeting Austin, TX, January 29 -31, 2012 $566.97 3 AGENDA FEBRUARY 21, 2012 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P.R. No. 16849 - A Resolution Authorizing A Six (6) Month Extension To The Existing Contract With MODSPACE Of Beaumont, Texas For The Lease Of Two (2) Modular Units To House Transit Employees Throughout The Renovation Process In An Amount Not To Exceed $4,662.00 Increasing The Total Amount To $32,715.70. Funding Allocated Through Account(s) 401 -1504- 561.51 -00, 401 - 1504 - 561.52 -00 And 401 - 1506 - 561.51 -00 Grant No. TX90 -X916 (2) P.R. No. 16876 - A Resolution Authorizing The City Manager To Execute Two (2) Contracts Between The City Of Port Arthur And Bellaire Softball League Organization, For The Use Of Stephen And Eli Stelly Baseball Fields On Cecil Reynolds Park (3) P.R. No. 16877 - A Resolution Authorizing The City Manager To Execute A Contract Between The Port Arthur Hispanic Baseball League And The City Of Port Arthur For The Use Of Leger Baseball Field At Pioneer Park From April 1, 2012 Through November 30, 2012 (4) P.R. No. 16878 - A Resolution Authorizing The City Manager To Execute Three (3) Contracts Between The City Of Port Arthur And Port Acres Little League Organization For The Use Of Miguez, Girls Softball And Pee Wee Fields At County Park (5) P.R. No. 16879 - A Resolution Authorizing The City Manager To Execute Two (2) Contracts Between The City Of Port Arthur And The Port Arthur American Little League, For The Senior Field At Barbara Jacket Park And Virginia /Sal Grado Field At Pioneer Park (6) P.R. No. 16883 - A Resolution Authorizing The City Of Port Arthur To Accept A Donation Of $8,085 From Various Local Business Owners For The Purchase Of A Dog For The Patrol K9 Unit For Use By The Police Department In All Situations Involving Narcotics Detection, Building Searches, Tracking, Crowd Control And Handler Protection 4 AGENDA FEBRUARY 21, 2012 VI. CONSENT AGENDA - CONTINUED (7) P.R. No. 16884 - A Resolution Accepting The Transfer Of Lien Of 6760 9 Avenue To Capitol One, National Association (8) P.R. No. 16885 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (9) P.R. No. 16886 - A Resolution Approving Award Of A Bid For Grass Cutting Maintenance To Joey's Tractor Service Of Port Arthur, Texas, In The Amount Of $37.50 Per Acre For The Highway 73 City Of Port Arthur Section 4A Economic Development Corporation Business Park (10) P.R. No. 16887 - A Resolution Approving Funding By The City Of Port Arthur Section 4A Economic Development Corporation Of $5,000, To The Southeast Texas Economic Development Foundation (SETEDF) For The Assistance Of The Regional Economic Development Initiative (REDI) To Aid In The Regional Economic Development Efforts For The Region Of Hardin, Jefferson And Orange Counties (120- 1429 - 582 - 55.00) (11) P.R. No. 16891 - A Resolution Authorizing The City Manager To Execute A Contract With AAR Incorporated Of Houston, Texas, In The Amount Of $14,860 For The Abatement Of Asbestos And Lead At 3451 57 Street Plus $675 Per 55 Gallon Drum For Any Lead Hazardous Waste Disposal. Budgeted Funds Are Available In Account Number 001 - 1003 - 512.59 -00 M97903 (12) P.R. No. 16892 - A Resolution Establishing An Animal Control Advisory Board And Appointing Members For The Board (13) P.R. No. 16893 - A Resolution Authorizing The Reduction Of Retainage 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, City Project No. 404PB7 (14) P.R. No. 16894 - A Resolution To Extend The Period And Increase The Funding For The FY 2011 -2012 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Card Participation For An Amount Not To Exceed $560,056 5 i AGENDA FEBRUARY 21, 2012 VI. CONSENT AGENDA - CONTINUED (15) P.R. No. 16895 - A Resolution Authorizing The Execution Of A One Year Contract With M & J Lawn Care Of Port Arthur, Texas For Grass Cutting Services Of Privately -Owned And City -Owned Vacant And Developed Lots In An Area Of The City Designated As Area A -1 And To Be Charged To Account No. 001 -1304- 541.59 -00 (16) P.R. No. 16896 - A Resolution Authorizing The Execution Of A One Year Contract With S -MO UNLIMITED Of Port Arthur, Texas For Grass Cutting Services Of Privately -Owned And City -Owned Vacant And Developed Lots In An Area Of The City Designated As Area A -2, To Be Charged To Account No. 001 - 1304 - 541.59 -00 (17) P.R. No. 16897 - A Resolution Authorizing The Execution Of A One Year Contract With Joey's Tractor Service Of Port Arthur, Texas For Grass Cutting Services Of Privately -Owned And City -Owned Vacant And Developed Lots In An Area Of The City Designated As Area B -1, To Be Charged To Account No. 001 - 1304 - 541.59 -00 (18) P.R. No. 16898 - A Resolution Authorizing The Execution Of A One Year Contract With Lene's Nursery Of Beaumont, Texas For Grass Cutting Services Of Privately -Owned And City -Owned Vacant And Developed Lots In An Area Of The City Designated As Area B -2, To Be Charged To Account No. 001 - 1304 - 541.59 -00 (19) P.R. No. 16899 - A Resolution Authorizing The Execution Of A One Year Contract With J -B Of Port Arthur, Texas For Grass Cutting Services Of Privately -Owned And City -Owned Vacant And Developed Lots In An Area Of The City Designated As Area C -1, To Be Charged To Account No. 001 - 1304 - 541.59 -00 (20) P.R. No. 16900 - A Resolution Authorizing The Execution Of A One Year Contract With M & J Lawn Care Of Port Arthur, Texas For Grass Cutting Services Of Privately -Owned And City -Owned Vacant And Developed Lots In An Area Of The City Designated As Area C -2, And To Be Charged To Account No. 001 - 1304 - 541.59 -00 6 AGENDA FEBRUARY 21, 2012 VI. CONSENT AGENDA - CONTINUED (21) P.R. No. 16901 - A Resolution Authorizing The Execution Of A One Year Contract With S. E. Texas Lawn And Maintenance Of Beaumont, Texas For Grass Cutting Services Of Privately -Owned And City -Owned Vacant And Developed Lots In An Area Of The City Designated As Area D -1, And To Be Charged To Account No. 001 -1304- 541.59 -00 (22) P.R. No. 16902 - A Resolution Authorizing The Execution Of A One Year Contract With S -MO UNLIMITED Of Port Arthur Texas For Grass Cutting Services Of Privately -Owned And City -Owned Vacant And Developed Lots In An Area Of The City Designated As Area D -2, To Be Charged To Account No. 001 - 1304 - 541.59 -00 (23) P.R. No. 16903 - A Resolution Authorizing The Execution Of Change Order No. 7 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 $587,435.00 And Increasing Contract Time By 84 Calendar Days. Account No. 404 - 1625- 532.83 -00, City Project No. 404WWT (24) P.R. No. 16904 - A Resolution Authorizing The Purchase Of One 2011 Ford Ranger From Energy County Ford Of Port Arthur, Texas In The Amount Of $13,635.45; Funding Available In Account Number 105 - 1431 - 552.92 -00, Project C37121 (25) P.R. No. 16905 - A Resolution Authorizing The City Manager To Execute A First Amendment To The Lease Agreement With Capital One, N.A. (26) P.R. No. 16907 - A Resolution Amending The Interlocal Agreement Between The City Of Port Arthur And Jefferson County Drainage District No. 7 To Repair Cambridge Avenue In The Lakeside Addition; Funding Available In Account No. 001 - 1203 - 531.36 -00 AGENDA FEBRUARY 21, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 16888 - 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. 16906 - A Resolution Appointing Members To A Joint Committee Between The City Of Port Arthur And The Port Arthur Independent School District B. Ordinances (1) P.O. No. 6196 - An Ordinance Providing For The Conduct Of The May 12, 2012 General Election For The Purpose Of Electing Councilmembers For Districts 5 And 6, In The City Of Port Arthur, Texas; And Providing For A Joint Election With The Port Arthur Independent School District, The Sabine Pass Independent School District, And The Sabine Pass Port Authority In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice (2) P.O. No. 6203 - An Ordinance Providing For The Conduct Of A Special Election On May 12, 2012 To Submit A Proposition As To Whether Or Not The Existing Section 4A Sales Tax Shall Be Utilized For A Specific Category Of Projects That Qualify Under Chapter 505, Texas Local Government Code, And Providing For Publication Of The Election Notice (3) P.O. No. 6212 - An Ordinance Amending Section 2 -31(a) (2) And (b) (1) Of The Code Of Ordinances As It Pertains To Placing Items On Council Agendas (Requested By Mayor Pro Tem Doucet, Councilmember Scott And Councilmember Beard) 8 AGENDA FEBRUARY 21, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED C. *Reports And Recommendations (1) 2011 Crime And Traffic Report (2) December 2011 Financial Report (3) Discussion On City Agenda Review Policy And Procedure *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. 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 February 22, 2012. 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 I 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.