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HomeMy WebLinkAbout3-20-12 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR Rc JOHN A. COMEAUX, P.E. HAROLD DOUCET, SR. MAYOR PRO TEM City of 74) ACTING CITY MANAGER a� COUNCIL MEMBERS: / SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER V?" r t 1Z 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 March 20, 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 MARCH 20, 2012 5:30 PM 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 March 6, 2012 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers - None B. Presentations Presentation by Deborah Echols, CPA, Director of Finance, and Gayle W. Botley, CPA of the Comprehensive Annual Financial Report for the year ended September 30, 2011 AGENDA MARCH 20, 2012 III. PETITIONS & COMMUNICATIONS - CONTINUED C. Correspondence Candidate Certification For The May 12, 2012 General & Special Election IV. PUBLIC HEARINGS - 6:00 PM To Consider A Specific Use Permit To Allow Light Manufacturing And Assembly Process (Located North Of 57 Street And West Of 9 Avenue), 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: P.R. No. 16915 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Soutex Surveyors, Inc. For Engineering And Surveying Services For The Transit Bus Shelter Project In The Amount Of $14,000 (Funding Available In Account No. 401 -1509- 561.89 -00) 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 Talaris, Lisle, IL, In The Amount Of $12,223.60 For A Replacement Purchase Of One (1) Mach 9 Sorter, One (1) New CC2 Coin Packager And One (1) New EV8650 Note Counter For The Transit Department B. Consideration And Approval Of Payment To Kin loch Equipment & Supply, Inc., Houston, TX In The Amount Of $5,686.79 For Repairs To A Sewer Jet Truck For The Utility Operations Department 2 AGENDA MARCH 20, 2012 VI. CONSENT AGENDA - CONTINUED C. Consideration And Approval Of Payment To City Fence Company, Port Arthur, TX In The Amount Of $5,795.00 For Fence Repair At The Public Works Operation Center D. Consideration And Approval Of Payment To Graybar Electric Company, Inc., Beaumont, TX In The Amount Of $6,710 For The Purchase Of An Electrical Switchgear For The Utility Operations Department E. Expense Reports: Councilmember Robert E. "Bob" Williamson: Attend Texas Municipal League Texas Water Plan Training Seminar In Austin, TX February 29, 2012 - March 2, 2012 $1,039.00 Resolutions - Consent (1) P.R. No. 16804 - A Resolution Authorizing The Certification Of Digital Workforce Academy As A Community Housing Development Organization (CHDO) In Accordance With The Requirements Of The Federal Home Program (2) P.R. No. 16890 - A Resolution Authorizing The City Manager To Renew The Annual Software Service Agreement With Cell More Communications Of Houston, Texas For The 218 Vehicular GPS Units At A Rate Of $5,450 Per Month For Twelve Months For A Account Total Amount Of $65,400; Funding Being Available In ccou t N o . 001 -1201- 531.43 -01 (3) P.R. No. 16929 - A Resolution As It Pertains To Entering Into A Lease Agreement With The Port Neches Groves Independent School District For Eight (8) Unassigned eSlate Voting Machines And Two (2) Unassigned Judges Booth Controllers (JBC's) For The May 12, 2012 General Election (4) P.R. No. 16940 - A Resolution Authorizing The Renewal Of A Mowing Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And North Star Unlimited For Grass Cutting At The City Of Port Arthur Section 4A Economic Development Corporation Spur 93 Business Park 3 AGENDA MARCH 20, 2012 VI. CONSENT AGENDA - CONTINUED (5) P.R. No. 16944 - A Resolution Authorizing The Purchase And Installation Of P -25 Compliant Radio Upgrades To Motorola Solutions Of Houston, Texas, With HGAC Pricing In The Amount Of $86,742 (6) P.R. No. 16945 - A Resolution Authorizing The Purchase And Installation Of P -25 Compliant Radio Upgrades To Motorola Solutions Of Houston, Texas, With HGAC Pricing In The Amount Of $21,308 (7) P.R. No. 16947 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (8) P.R. No. 16949 - A Resolution Authorizing Publication Of Notice Of Intention To Issue Certificates Of Obligation, In An Aggregate Principal Amount Not To Exceed $3,500,000, For The Acquisition, Construction And Improvement Of Certain Public Works, Authorizing Distribution Of Preliminary Official Statements Relating To Such Series Of Certificates And Authorizing Certain Other Matters Related Thereto (9) P.R. No. 16951 - A Resolution Authorizing Change Order 03 To The Contract With Simco Enterprises, Ltd. For Drainage Improvements To Zwolle Ditch, Reducing The Amount By $41,131.50 To A New Total Of $871,480.87; Accepting The Improvements; And Authorizing The Final Payment Including 5% Retainage In The Amount Of $51,886.54. ORZWOL, 141 - 1201- 532.59 -00 (10) P.R. No. 16957 - A Resolution Authorizing An Agreement For Additional Financial Services With Capital One Bank, N.A. Pursuant To Section 105.018 Of The Texas Local Government Code 4 AGENDA MARCH 20, 2012 VI. CONSENT AGENDA - CONTINUED (11) P.R. No. 16958 - A Resolution Authorizing The Execution Of Change Order No. 2 To The Contract Between The City Of Port Arthur And Electrical Specialties, Inc. Increasing The Contract Amount $1,582.35 And Not Changing The Contract Time 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 (12) P.R. No. 16959 - A Resolution Authorizing The Execution Of Change Order No. 2 To The Contract Between The City Of Port Arthur And T. Johnson Industries, Inc. Increasing The Contract Amount $1,691.83 And Not Changing Contract Time 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 (13) P.R. No. 16960 - A Resolution Authorizing The Second Amendment To The Contract Between The City Of Port Arthur And Aquila Golf, Inc., For The Management Of Babe Didrickson Zaharias Memorial Golf Course As It Pertains To Resident Fees (14) P.R. No. 16961 - A Resolution As It Pertains To Lease Of The Building At 441 Austin Avenue (15) P.R. No. 16962 - A Resolution Authorizing The Execution Of A Contract For Wastewater Laboratory Services, For Up To Three Years, For The Utility Operations Department With Chemtex In The Total Annual Estimated Amount Of Thirty Four Thousand Three Hundred And No /100 Dollars ($34,300/Year). Funds Are Available In Account No. 410 - 1256- 532.54 -00 (16) P.R. No. 16963 - A Resolution Authorizing The City Manager To Submit An Application To The Texas Commission On Environmental Quality For A Temporary Authorization To Use Newpark Material As Alternate Daily Cover At The City Landfill 5 AGENDA MARCH 20, 2012 VI. CONSENT AGENDA - CONTINUED (17) P.R. No. 16964 - A Resolution Authorizing The Amendment To The Contract For The Purchase Of Anhydrous Ammonia For The Utility Operations Department With Therchem. Funds Are Available In Account No. 410 - 1252 - 532.29 -02 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 16942 - A Resolution To Approve The 2012 Community Development Block Grant Allocations In The Amount Of $1,061,338 For The City Of Port Arthur (2) P.R. No. 16948 - A Resolution Authorizing The Purchase Of A Universal Access (ADA) Playscape System From Gametime Via Buyboard Local Government Cooperative Program In The Amount Of $167,939.92 (Said Funding Source To Be Determined). B. Ordinances (1) P.O. No. 6220 - An Ordinance Adding Chapter 34, Article II, Sections 54 -65 To The City Of Port Arthur Code Of Ordinances, To Include Regulations For The Proper Disposal Of Tires And The Registration Of Certain Tire Businesses And Tire Haulers Within The City Of Port Arthur (2) P.O. No. 6222 - An Ordinance Authorizing The Issuance Of City Of Port Arthur, Texas, General Obligation Refunding Bonds, Series 2012; Setting Certain Parameters For The Bonds; Authorizing The Advance Refunding Of Certain Outstanding Obligations And The Execution And Delivery Of An Escrow Agreement And The Subscription For The Purchase Of Certain Escrowed Securities; Authorizing The Pricing Officer To Approve The Amount, The Interest Rate, Price, And Terms Thereof And Certain Other Procedures And Provision's Relating Thereto 6 AGENDA MARCH 20, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (3) P.O. No. 6223 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Zoning Change From Single Family To Planned Development District 7 For Approximately 20 Acres Of Land Consisting Of All Of Lot 7, Block 9, Range "I ", Port Arthur Land Company Subdivision, City Of Port Arthur, Jefferson County, Texas (Violation Of This Ordinance And The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Sections 1 -13 Of The Code Of Ordinances As Amended By A Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date (4) P.O. No. 6224 - An Ordinance To Amend Ordinance No. 11 -66 To Reapportion $200,000 Allocated For Health Services For The Purpose Of Making Improvements At El Vista Park VIII. REPORTS OF BOARDS & COMMITTEES (1) Utility Services (2) Amnesty Program (3) Monthly Crime Report 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 March 21, 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 ************************************************************* * *** * *** * * * **** * *** ***** * * *** ** 7 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 Reauestinq 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.