HomeMy WebLinkAbout5-3-12 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR JOHN A. COMEAUX, P.E.
HAROLD DOUCET, SR. MAYOR PRO TEM City of - %%47 ACTING CITY MANAGER
COUNCIL MEMBERS: J SHERRI BELLARD
RAYMOND SCOTT, JR. CITY SECRETARY
ELIZABETH "LIZ" SEGLER O r t r t h u r
MORRIS ALBRIGHT VAL TIZENO
JOHN BEARD, JR. Texas CITY ATTORNEY
ROBERT E. WILLIAMSON
DERRICK FREEMAN
KERRY "TWIN" THOMAS
AGEN DA
City Council
Regular Meeting
April 3, 2012
8:30 a.m.
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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
APRIL 3, 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
(1) March 20, 2012 Special Executive Meeting
(2) March 20, 2012 Regular Meeting
(3) March 27, 2012 Special Meeting
III. PETITIONS & COMMUNICATIONS
A. Speakers
Phyllis Laurent Regarding Water Bill Issues At 1340 17 Street
B. Presentations
Presentation By Dr. Janis Hutchins Regarding Phase II Of The
Local Business Enterprise Program Project
C. Correspondence - None
AGENDA
APRIL 3, 2012
IV. PUBLIC HEARINGS - 9:00 AM
To Consider Public Comments As To The Use Of Section 4A Sales Tax
For Specific Category Of Projects That Qualify Under Chapter 505 Of The
Texas Local Government Code (Requested By Councilmember Beard)
V. UNFINISHED BUSINESS
The Following Items Of Business Were Held From The Previous Meeting
At Which No Action Was Taken On These Items:
A. Resolution
(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. 16968 - A Resolution Approving A Memorandum Of
Understanding Between The City Of Port Arthur And The Port
Arthur Section 4A Economic Development Corporation
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
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.
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AGENDA
APRIL 3, 2012
VI. CONSENT AGENDA - CONTINUED
(1) Consideration And Approval Of Payment To Grayson Armature Of
Orange, TX In The Amount Of $24,275.54 For Emergency Repairs
To A Main Outfall Lift Station 300HP Electric Motor For The Utility
Operations Department, Wastewater Conveyance Division
(2) Consideration And Approval Of Payment To Widgeon Construction,
inc. Of Orange, TX In The Amount Of $8,145 For Guard Rail Repair
In The 5300 Block Of Procter Street For The Public Works Street
Division
(3) Expense Reports
Mayor Deloris "Bobbie" Prince:
Texas Municipal League Meeting
Washington, D.C., March 28 -29, 2012 $ 554.37
Judge Kermit Morrison:
To Attend Regional Judges Seminar, Houston, TX
March 4 -6, 2012 $ 451.37
Resolutions - Consent
(1) P.R. No. 16860 - A Resolution Authorizing The City Manager To
Execute A Lease With The Port Arthur Independent School District
Regarding Wetlands In Compliance With The Terms Of The Texas
Parks And Wildlife Department Grant For SSGT Lucian Adams
Park
(2) P.R. No. 16941 - A Resolution Approving A Grant Of $32,658.00 To
Andrew Green For Exterior Renovations To The Property Located
At 617 And 645 Houston Avenue Under The Operation Downtown
Site Improvement Grant Program
(3) P.R. No. 16943 - A Resolution Authorizing A Performance
Contracting Agreement Between The City Of Port Arthur And
Siemens Industry, Inc., Building Technologies Division To Improve
The System Infrastructure And The Operational Efficiencies Of The
City Of Port Arthur
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AGENDA
APRIL 3, 2012
VI. CONSENT AGENDA - CONTINUED
(4) P.R. No. 16946 - A Resolution Authorizing The Execution Of
Professional Services Agreement For Bank Depository Consulting
Services For $7,500 Plus Expenses, If Any, Listed In Agreement
For The First Phase As Acct. No. 001 - 1032 - 515.54 -00
(5) P.R. No. 16950 - A Resolution Of The City Council Of The City Of
Port Arthur, Texas, Expressing Intent To Finance Expenditures To
Be Incurred Totaling $3,500,000 From Future Tax - Exempt
Obligations
(6) P.R. No. 16965 - A Resolution Authorizing The City Manager To
Execute A Letter Agreement With Andrews Kurth, LLP, Attorneys At
Law To Serve As Bond Counsel For The City Of Port Arthur
(7) P.R. No. 16966 - A Resolution Approving Water and Sewer
Adjustment to Certain Utility Accounts
(8) P.R. No. 16967 - A Resolution Authorizing The Purchase Of
Commercial Windstorm And Hail Coverage In An Amount Not To
Exceed $666,178.50 Per Annum, Flood Coverage In An Amount
Not To Exceed $27,295.00 Per Annum, And Property /Casualty
(Including Workers Compensation) Coverage In An Amount Not To
Exceed $785,832.00 Per Annum. Proposed Funding By: General
Liability Insurance Fund: 612 - 1702 - 581.52 -00 $1,479,305.50
(9) P.R. No. 16972 - A Resolution Authorizing The City Manager To
Execute Change Order 02 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 61 Days And Increasing The Contract Amount By
$32,495 To A New Total Of $659,125. Project ORKANS, 141 -1201-
532.59 -00
(10) P.R. No. 16973 - A Resolution Approving And Adopting The
Jefferson County Hazard Mitigation Action Plan
(11) P.R. No. 16974 - A Resolution Authorizing The Port Arthur Section
4A Economic Development Corporation To Lease A Xerox
Workcentre - Multifunction Printer Through Texas Cooperative
Purchasing Network (TCPN) At An Estimated Cost Of $14,719.80
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AGENDA
APRIL 3, 2012
VI. CONSENT AGENDA - CONTINUED
(12) P.R. No. 16976 - A Resolution Authorizing The City Manager To
Make Application To The U.S. Department Of Housing And Urban
Development For A Community Development Block Grant In The
Amount Of $1,061,338 And A Grant For $248,171 In Home Funds
Authorizing The City Manager To Execute The City Of Port Arthur's
2012 Consolidated Annual Plan. The Consolidated Plan Will Be
Submitted To The U.S. Department Of Housing And Urban
Development
(13) P.R. No. 16977 - A Resolution Amending The FY 2011 -2012
Contract Between The City Of Port Arthur And The Department Of
State Health Services For The Public Health Emergency
Preparedness Program To Increase The Grant By $10,381 From
$54,145 To $70,979 Which Includes A Non -Cash Match Of $6,453
(14) P.R. No. 16978 - A Resolution Transferring The Homelessness
Prevention And Rapid Re- Housing Program (HPRP) Administration
Balance In The Amount Of $15,042.88 To Catholic Charities Of
Southeast Texas. The Transfer Will Increase Catholic Charities
Budget To $209,376.88
(15) P.R. No. 16981 - A Resolution Extending The Lease Agreement
With Petersen Industries, Inc. For Trash Trucks By Three (3)
Months, Increasing The Amount By $33,000 To A New Total Of
$105,988 And Authorizing The Lease Of A Third Trash Truck For
Three (3) Months For The Amount Of $19,994. Account No. 403-
1271- 533.51 -00
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT
A. Resolutions
P.R. No. 16982 - A Resolution Appointing A Representative To The
South East Texas Regional Planning Commission Executive
Committee (Requested By Councilmember Williamson)
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AGENDA
APRIL 3, 2012
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT -
CONTINUED
B. Ordinances
(1) P.O. No. 6225 - An Ordinance Amending The Drug And Alcohol
Policy Of The City Of Port Arthur
(2) P.O. No. 6226 - An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Granting A Specific Use Permit To Allow
The Land Use Of "Light Manufacturing And Assembly Process" In
About A 5 Acre Portion Of "PD -7" Planned Development District 7
Described As 3457 57 Street, Or More Specifically, The North 660
Feet Of The South 720 Feet Of The West 330 Feet Of Lot 7, Block
9, Range "I ", Palco, Owned By The City Of Port Arthur (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. Z12 -01
(3) P.O. No. 6227 - An Ordinance Amending Ordinance Nos. 12 -14
And 12 -15 Providing For The Conduct Of The May 12, 2012
General And Special Election For The Purpose Of Electing
Councilmembers For Districts 5 And 6 And 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, In The City Of Port
Arthur, Texas; And Providing For A Joint Election With The Sabine
Pass Port Authority, And Cancelling The Conduct Of A Joint
Election With The Sabine Pass Independent School District, And
The Port Arthur Independent School District In Accordance With
Chapter 271 Of The Texas Election Code, And Providing For The
Publication Of The Election Notice
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AGENDA
APRIL 3, 2012
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT -
CONTINUED
Una Ordenanza Que Modifica Ordenanza No. 12 -14 Y 12 -15 Que
Preve La Conducta De Las Elecciones General Y Especial Del 12
De Mayo, 2012 Para Eligir A Miembros Del Consejo Municipal De
Distritos 5 Y 6, Para Presentar Una Propuesta Que Sea 0 No El
lmpuesto Existente De Ventas Seccion 4a Uti/izado Para Una
Categoria Especifica De Los Proyectos Bajo Capitulo 505 Del
Codigo De Govierno Local De Texas Cuidad De Port Arthur, Texas;
Y Proporciona Una Eleccion Conjunta Con Las Autoridades De
Puerto De Sabine Pass Y Cancelando La Conducta De La A
Eleccion Conjunta Con El Distrito Escolar De Sabine Pass Y El
Distrito Escolar De Port Arthur Codigo De Eleccion De Texas
Capitulo 271 Y Preve Para La Publicacion De Este Avi So De
Eleccion
(4) P.O. No. 6228 - An Ordinance Amending Section 86 -79 Of Chapter
86 "Solid Waste" Of The Code Of Ordinances As It Pertains To
Refuse Disposal And Providing For An Effective Date
VIII. REPORTS OF BOARDS & COMMITTEES
(1) Report On City Hall Security (Requested By Councilmember
Thomas)
(2) Report On City -Wide Inoperable Fire Hydrants And Lines;
Locations And Repair Plan (Requested By Councilmember Beard)
(3) Report On Supplemental Franchise Payment From Entergy
(Requested By Councilmember Beard)
(4) Report On SETX Regional Planning Commission Appointments
(Requested by Mayor Pro Tem Doucet)
(5) Report On Amnesty Program
(6) Report On Community Housing Development Organizations
(CHDO) (Requested By Councilmember Beard)
(7) Report On Pleasure Island
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AGENDA
APRIL 3, 2012
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 551.074 Government Code - To Discuss The Selection Of
Potential Candidates For The Position Of City Manager
(2) Section 551.087 Government Code - To Discuss Incentives For
Commercial, Residential, And /Or Industrial Business Prospects (PA
69, L.P. And Team Industries)
(3) Section 551.072 Government Code - To Discuss The Value Of
Land At 601 W. Reverend Dr. Ransom Howard Street
(4) Section 551.072 Government Code - To Discuss The Value Of
Land At 1128 Freeman Avenue (Texas Ave.)
*The Items In Executive Session May Be Discussed And Acted On In
Open Session
X. 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 April 4, 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
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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.
