Loading...
HomeMy WebLinkAbout05-01-12 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR A. COMEAUX, P.E. HAROLD DOUCET, SR. MAYOR PRO TEM Can' of c " ` ACTING CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD RAYMOND SCOTT, JR. O T t r u �— CITY SECRETARY ELIZABETH LIZ SEGLER MORRIS ALBRIGHT Texas VAL TIZENO JOHN BEARD, JR. CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AG EN DA City Council Regular Meeting May 1, 2012 8:3o 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) 9 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 MAY 1, 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 III. PETITIONS & COMMUNICATIONS A. Speakers B. Presentations C. Correspondence 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: None AGENDA MAY 1, 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Beaumont Freight liner, Beaumont, TX I n The Estimated Amount Of $33,883.44 For Repair To Transit Bus #1574 For The Transit Department (B) Consideration and Approval of Payment to Garner Environmental Services, Inc. of Port Arthur, TXin the amount of $13,747.32 for cleaning services in the Zwolle Drainage Ditch (C) Consideration And Approval Of Payment To Transit Mix, Beaumont, TX In The Amount Of $9,992.41 For Pending Invoices For Road Building Material For Public Works Streets And Drainage Divisions (D) Consideration And Approval Of Payment To APAC Texas, Inc. , Beaumont, TX In The Amount Of $8,382.59 For Pending Invoices For Road Building Material For Public Works And Utility Operations Departments (E) Consideration And Approval Of Payment To Redwine Enterprises Inc., Nederland, TX In The Amount Of $54,570.72 For Pending Invoices For Providing And Hauling Soils For Public Works Landfill Division (F) Expense Reports Mayor Deloris "Bobbie" Prince: Use Of Personal Auto For City Business April 23, 2012 $ 18.65 2 AGENDA MAY 1,2012 VI. CONSENT AGENDA - CONTINUED Councilmember Derrick Freeman: Attended TML Meeting Austin, TX, January 29 -31, 2012 $1,445.37 Attended Neighborworks Conference Los Angeles, CA, February 26 -March 3, 2012 $2,767.14 Resolutions - Consent (1) P.R. No. 16952 - A Resolution Authorizing The City Manager To Execute A One Year Contract With U.B. Construction & Services Of Port Arthur, Texas For Grass Cutting Services For The Neighborhood Stabilization Program (NSP). Lots In The Areas Of The City Designated As Areas A -1 & A -2. Funds Are Available In Account No. 129 - 1435 - 554.81 -00; Project No. 005 (2) P.R. No. 16953 - A Resolution Authorizing The City Manager To Execute A One Year Contract With A & W Lawn Services of Port Arthur, Texas For Grass Cutting Services For The Neighborhood Stabilization Program Lots In An Area Of The City Designated As Areas B -1 & B -2. Funds Are Available In Account No. 129 -1435- 554.81 -00; NSP 005 (3) P.R. No. 16954 - A Resolution Authorizing The City Manager To Execute A One Year Contract With S.E. Texas Lawn & Maintenance For Grass Cutting Services For The Neighborhood Stabilization Program (NSP). Lots In The Area Of The City Designated As Area "C ". Funds Are Available In Account No. 129- 1435- 554.81 -00; Project No. NSP 005 (4) P.R. No. 16956 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (5) P.R. No. 16969 - A Resolution Authorizing The City Manager To Enter Into An Amended Inter -Local Agreement Regarding The South East Texas Regional Radio System (6) P.R. No. 16989 - A Resolution Authorizing The City Manager To Execute A Three Year Contract Between The City Of Port Arthur And Time Warner Cable Business Class To Upgrade Existing Dedicated Internet Access Circuit Located At City Hall. Account No. 001 - 1034- 515 -61.03 3 AGENDA MAY 1, 2012 VI. CONSENT AGENDA - CONTINUED (7) P.R. No. 17002 - A Resolution Authorizing The City Manager To Accept The Real Property Donations From Drago Realty Associates, LLC, Contingent Upon Clear Title (8) P.R. No. 17003 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $31,383.44 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Bus Vehicle #1574 (9) P.R. No. 17004- A Resolution Authorizing The First Year Renewal Of The Contract With Safety Associates Of Nederland, Texas For The Calibration Of Air Monitoring Equipment For The Fire Department In The Amount Of $24,420; Funding Available In Account 001 - 1121 - 522.54 -00 (10) P.R. No. 17005 - A Resolution Awarding A Contract To Mustang Remediation, LLC, In The Amount Of $115,318.25, And Authorizing The Execution Of A Contract For The Asbestos /Lead Abatement And Demolition Of Sixteen (16) Dangerous Commercial Buildings Located Throughout The City, To Be Charged To Account No. 141- 1201- 532.59 -00, Project No. ORDEMO (11) P.R. No. 17007 - A Resolution Of The City Of Port Arthur ( "City "), Texas, Denying The Disannexation Petition Received On April 3, 2012 Because The City Did Not Fail Or Refuse To Provide Services Or To Cause Services To Be Provided To The Area Within The Period Specified By Texas Local Government Code Section 43.056 And By The Service Plan For The Area Under Section 43.056 (Denial of Disannexation Petition) (12) P.R. No. 17008 - A Resolution Authorizing The City Manager To Enter Into An Access Agreement With Arcadis U.S., Inc. (13) P.R. No. 17009 - A Resolution Calling For A Public Hearing To Consider A Zoning Change From Single Family To Light Commercial For 0.2410 Acre Of Land Consisting Of Part Of Lot 5, Block 4, Range "H ", Port Arthur Land Company Subdivision (Located At 2400 9 Avenue), City Of Port Arthur, Jefferson County, Texas 4 AGENDA MAY 1,2012 VI. CONSENT AGENDA - CONTINUED (14) P.R. No. 17010 - A Resolution Authorizing The Renewal Of A Contract With Affordable Lawn And Tractor Service Of Port Arthur, Texas, For Grass Cutting Services And Landscape Maintenance At The Sabine Pass Community Center And Lions Park; Funding Available In Account No. 001- 1061 - 518.31 -00 (15) P.R. No. 17011 - A Resolution Approving The Demolition And Clearance Of Nineteen (19) Commercial Properties That Were Damaged As A Result Of Hurricane Ike, And Declaring Them Slum & Blight. Texas Community Disaster Recovery Funding Will Be Used To Demolish These Structures (16) P.R. No. 17012 - A Resolution Authorizing The City Manager To Execute An Agreement With SCS Engineers Of Bedford, Texas For Engineering Services Associated With The Design, Permitting, And Construction Of The Cell 48 Liner System At The City Landfill For A Not To Exceed Amount Of $220,030. Funds Are Available In Account Number 403 - 1274 - 533.54 -00 (17) P.R. No. 17013 - A Resolution Authorizing A One (1) Year Contract, With The Option Of Renewal For Two Additional Years, With Schindler Elevator Corporation Of Beaumont, Texas For Maintenance Services For The Elevators In City Buildings In The Amount Of $1,391 Per Month, For An Annual Cost Of $16,692. Funds Are Available In Various Departmental Accounts. (18) P.R. No. 17014 - A Resolution Increasing The Authorization For The Contract Between The City Of Port Arthur And Redwine Enterprises, Inc. For Providing And Hauling Of Soils On A Unit Cost Basis To A Total Dollar Amount Of $650,000. Funding Is Available In Account No. 403 - 1274 - 533.59 -02 (19) P.R. No. 17015 - A Resolution Increasing The Authorization For The Contracts For Road Building Materials To A Total Of $1,500,000. Various Departmental Accounts (20) P.R. No. 17016 - A Resolution Increasing The Authorization For The Contracts For Concrete Building Materials To A Total Of $500,000. Various Departmental Accounts 5 AGENDA MAY1,2012 VI. CONSENT AGENDA - CONTINUED (21) P.R. No. 17017 - A Resolution Increasing The Authorization For The Contracts For Concrete Pipe & Boxes To A Total Of $250,000. Various Public Works Accounts. (22) P.R. No. 17018 - A Resolution Authorizing The Acceptance Of The Project And Final Payment 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 (23) P.R. No. 17019 - A Resolution Authorizing The City Manager To Execute A Contract Between Huffman Construction, Inc. Of Nederland, Texas For The Demolition And Site Preparation Of Five (5) Properties In The Amount Of $16,400; Account No. 108 -2141- 626.59 -00 HE0802 (24) P.R. No. 17021 - A Resolution Authorizing The City Manager To Enter Into A Contract With Gulf Coast Electric Co., Inc., Of Beaumont, Texas, For Electrical Repairs And Maintenance At Various City Parks; In A Not To Exceed Amount of $50,000.00; Funding Available In Account Nos. 001- 1402 - 551.32 -00; 001 -1207- 531.29 -00 (25) P.R. No. 17022 - A Resolution Authorizing The City Manager To Amend A Contract With RWL Group For Risk Management Consulting Services By $5,000 (From $18,000 To $23,000) For The 2011 -2012 Fiscal Year. Funding By: General Liability Insurance Fund 612 - 1702 - 581.52 -00 (26) ,P.R. No. 17023 - A Resolution Authorizing The Execution Of Change Order No. 4 To The Contract Between The City Of Port Arthur And Caliber Solutions Not Changing The Contract Amount And Increasing The Contract Time By 49 Calendar Days For The Primary Generator Installation For The Water Purification Plant Project, Account No. 141 - 1201 - 532.59 -00, Project No. ORWTPG 6 AGENDA MAY 1, 2012 VI. CONSENT AGENDA - CONTINUED (27) P.R. No. 17024 - A Resolution Authorizing The Execution Of Change Order No. 3 (Final) To The Contract Between The City Of Port Arthur And T. Johnson Industries, Inc., Not Changing The Contract Amount And Increasing Contract Time By 121 Calendar Days, And Also Authorizing The Acceptance Of The Project And Final Payment 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 (28) P.R. No. 17025 - A Resolution Authorizing The Execution Of A Contract Between Digital Workforce Academy, Inc., Port Arthur, Texas And The City Of Port Arthur In The Amount Of $200,000, To Assist With The Construction Of Two (2) Homes For Low And Moderate Income Persons /Families And $35,000 For CHDO Operating Expenses, Account Number 108 - 2141- 626.59 -00, Project Numbers HE0701, HE0801, HE0901 And Home Program Income Funds (29) P.R. No. 17027 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of A Claim In The Amount Of $30,375.65 Made Against Daniel McCown And Farmers Insurance Company As A Result Of Property Damage To The Light Pole, Traffic Control Cabinet, Lines, And Assembly On Memorial Boulevard At 32 Street (30) P.R. No. 17028 - A Resolution Authorizing The City Manager To Execute An Encroachment Agreement With Sunoco Pipeline L.P. Of Sugar Land, Texas For The Installation Of A Drainage Pipe (31) P.R. No. 17029 - A Resolution Approving An Amendment To The FY 2011 -2012 Contract Between The City Of Port Arthur And The Department Of State Health Services For Title V Fee For Service Child Health And Dental Services For An Amount Not To Exceed $5,000 (32) P.R. No. 17030 - A Resolution Authorizing The Donation Of A Steam Locomotive Bell And Hanger To The Port Arthur International Seafarers Center Located At 401 Houston Avenue, Port Arthur, Texas (Requested By Councilmember Beard) Agenda May 1, 2012 VI. CONSENT AGENDA - CONTINUED (33) P.R. No. 17031 - A Resolution Authorizing The 3 Annual Renewal For A Contract Between The City Of Port Arthur And LT Systems, Inc. For Municipal Court Software Maintenance And Support Services. Funding Is Available In Account No. 001 - 1012 - 513.54 -00 (34) P.R. No. 17033 - A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement With The Pleasure Island Commission As It Pertains To The Maintenance Of The Parks On The Island (35) P.R. No. 17035 - A Resolution Rescinding A Contract Award To JSL Demo In The Amount Of $11,300.00 For The Demolition Of Five (5) Dangerous Residential Properties (Group E), And Authorizing The Rebidding Of This Project VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 16955 - A Resolution Approving An Amended Contract Between The City Of Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding Restoration Of The Pompeiian Villa In The Amount Of $24,125 For Painting And Leveling (2) P.R. No. 16979 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Downtown Renaissance District Board (3) P.R. No. 16986 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council (4) P.R. No. 16995 - A Resolution Approving The Downtown Renaissance District And The Port Arthur Section 4A Economic Development Corporation Entering Into A Promotion And Development Agreement And Approving The Downtown Renaissance District Budget For FY 2011 -2012 (5) P.R. No. 16999 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Beard) 8 Agenda May 1, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (6) P.R. No. 17006 - A Resolution Awarding A Contract To C & C Demolition, Inc., In The Amount Of $129,850.00, And Authorizing The Execution Of A Contract For The Asbestos /Lead Abatement And Demolition Of Fourteen (14) Dangerous Commercial Buildings Located Throughout The City, To Be Charged To Account No. 141- 1201- 532.59 -00, Project No. ORDEMO (7) P. R. No. 17032 - A Resolution Approving A Contract With Electrical Specialties, Inc. And The City Of Port Arthur Section 4A Economic Development Corporation (PAEDC) For Electrical Work In The Spur 93 Business Park In The Amount of $8,660.00 B. Ordinances (1) P.O. No. 6230 - An Ordinance Authorizing The Issuance Of City Of Port Arthur, Texas, Combination Tax & Revenue Certificates Of Obligation, Series 2012 (2) P.O. No. 6232 - An Appropriation Ordinance Amending The Hotel Occupancy Tax Budget For The Fiscal Year Beginning October 1, 2011 And Ending September 30, 2012 By $24,125 In Order To Fund Painting And Leveling Of The Pompeiian Villa VIII. REPORTS OF BOARDS & COMMITTEES (1) Report On Charter Change Committee (Requested By Councilmember Thomas) (2) Report By Floyd Batiste On Downtown Pavilion (3) Report By Floyd Batiste On The PAEDC Board Request To City Council To Extend The 4B Ballot Proposition For An Additional Three Years (4) Report And Recommendation On The GMC Consultants (Requested By Councilmember Freeman) (5) Report On $9,805,000, City Of Port Arthur, Texas, General Obligation Refunding Bonds, Series 2012 (6) February 2012 Financial Report (7) Discussion And Possible Action On A Street Improvement Board (Requested by Councilmember Beard) (8) Discussion On EDC First Source Agreement Program (Requested By Councilmember Thomas) 9 Agenda May 1, 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 551.071 - To Discuss With The City Attorney Pending Litigation City v. Williams & Rao (2) Section 551.071 - To Discuss With The City Attorney Potential Litigation against C & C Demo, Inc. (3) Section 551.072 Government Code - To Discuss The Value Of Land At 2301 Thomas (4) Section 551.072 Government Code - To Discuss The Value Of Land At 3457 57 Street (5) 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 ****,*, ******* ******************* * *** * *** * * *** *** *,**,*,* * **** ****, * *******,k* ******* * **,* 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 ************************************************************* * *** * *** * *** * * * * * * * ******* *** ** 10 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.