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HomeMy WebLinkAbout04-17-12 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR '^ JOHN A. COMEAUX, P.E. HAROLD DOUCET, SR. MAYOR PRO TEM City of if ACTING CITY MANAGER COUNCIL MEMBERS: / SHERRI BELLARD RAYMOND SCOTT, JR. O T t /' t ft Il i CITY SECRETARY ELIZABETH LIZ SEGLER MORRIS ALBRIGHT Texas VAL TIZENO JOHN BEARD, JR. CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGENDA City Council Regular Meeting April 17, 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 APRIL 17, 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, Ill 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 III. PETITIONS & COMMUNICATIONS A. Speakers Sandra Brown Regarding Local Refineries Hiring Out Of Town Workers B. Presentations Carl Parker And Floyd Batiste Regarding The Possibility Of Creating A Tax Increment Reinvestment Zone In Downtown Port Arthur C. Correspondence - None AGENDA APRIL 17, 2012 IV. PUBLIC HEARINGS - 6:00 PM - None 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Waste Systems Equipment, Inc., Houston, TX, In The Amount Of $30,237.25 For The Purchase Of 549 Each Of 95 Gallon Schaefer Carts Under H- GAC For The Solid Waste Division B. Consideration And Approval Of Payment To Hernandez Office Supply, Neder /and, TX In The Amount Of $7,101.65 For The Purchase Of Furniture For The Newly Renovated Municipal Court Facility Resolutions - Consent (1) P.R. No. 16985 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An On- The -Job Training Agreement With Brock Services, Ltd. And To Expend Up To $28,000 Of Its Training Budget For Reimbursement Of 50% Of The Hourly Training Cost For Port Arthur Residents (2) P.R. No. 16987 - A Resolution Authorizing Advertising For Requests For Qualifications For An Architectural /Engineering Firm For Design Of The Renovations And Improvements To The Property Located At 3417 57 Street 2 AGENDA APRIL 17, 2012 VI. CONSENT AGENDA - CONTINUED (3) P.R. No. 16988 - A Resolution Authorizing The Acceptance Of A Grant From The Economic Development Administration For Property Improvements Related To Controlled Containers Manufacturing (4) P.R. No. 16991 -A Resolution Authorizing Payment For Emergency Repairs To A Force Main Junction Box For The Utility Operations Department To Infrastructure Rehabilitation DBA Poly - Triplex Of Texas, In The Total Amount Of Eleven Thousand Seven Hundred Forty -And No /100 Dollars ($11,740). Funds Are Available In Account No. 410 - 1255 - 532.33 -00 (5) P.R. No. 16992 - A Resolution Authorizing A Payment For The Production, Printing And Mailing Of The Annual Water Reports (Consumer Confidence Report) For The Utility Operations Department To Gemini Group, In The Total Amount Of Seven Thousand Two Hundred Thirty Five -And No /100 Dollars ($7,235). Funds Are Available In Account No. 410 - 1251 - 532.21 -00 (6) P.R. No. 16993 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of An Automobile Physical Damage Claim In The Amount Of $11,464.82 Made Against Christopher Madden, Thresa Wingate, And Southern Farm Bureau Casualty Insurance Company As A Result Of The Property Damage To City Police Vehicle #1815 (7) P.R. No. 16994 - A Resolution Authorizing The Purchase Of A Fire Line Metering Assembly For The Utility Operations Department From Rural Pipe & Supply In The Amount Of Sixteen Thousand Six Hundred Ninety Eight -And No /100 Dollars ($16,698). Funds Are Available In Account No. 410 -1253- 532.35 -00 (8) P.R. No. 16996 - A Resolution Approving An Industrial District Agreement With Exxonmobil Oil Corporation 3 AGENDA APRIL 17, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 16997 - A Resolution Appointing And /Or Reappointing A Member Or Members to the Downtown Renaissance District Board (2) P.R. No. 17000 - A Resolution Authorizing An Emergency Contract Between The City Of Port Arthur And Rimrock Enterprises, Inc. Of Justin, Texas For Installation Of Geotextile Tube For Shoreline Protection Along Pleasure Island. CIP201 303 - 1603- 591.59 -00 B. Ordinances (1) P.O. No. 6229 - An Appropriation Ordinance Amending The General Fund Budget For The Fiscal Year Beginning October 1, 2011 And Ending September 30, 2012 By $600,000 In Order To Fund Erosion Control Project On Pleasure Island (2) P.O. No. 6231 - An Ordinance Amending Ordinance No. 12 -25 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 Amending The Voting Precincts In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice P.O. No. 6231 -Una Ordenanza que Modifica la Ordenanza No. 12- 25 que Provee la Conducta de las Elecciones Generales y Especial el 12 de mayo de 2012 con el Proposito de Elegir a Miembros del Consejo Municipal para Distrito 5 y 6 y Presentar una Propuesta que se Use o No el Impuesto de Ventas Existente Seccidn 4a Para Una Categoria de Proyectos que Califican bajo Capitulo 505 del Codigo de Gobierno Local de Texas en la Ciudad de Port Arthur, Texas; y Asegurando una Eleccion Junto con el Autoridad de Puerto de Sabine Pass y Modificando los Precintos Electoral Acuerdo con Capitulo 271 del Codigo de Elecciones de Texas, y Asegurando Para la Publicacion de esta Noticia de Elecciones. 4 1 AGENDA APRIL 17, 2012 VIII. REPORTS OF BOARDS & COMMITTEES (1) January Financial Report (2) Discussion And Possibly Take Action Regarding The Creation Of An Emergency Demolition Program (Requested By Councilmember Beard) (3) Discussion And Possibly Take Action Regarding The Mercer Management Study (Requested By Councilmember Beard) (4) Monthly Crime Report (5) Discussion Of Request From The Port Arthur Historical Society For Support For The Pompeiian Villa 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 April 18, 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 ************************************************************* **** * *** * *** *** * *** ****** * *** ** 5 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.