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HomeMy WebLinkAbout05-15-12 REGULAR MEETING ,1 DELORIS "BOBBIE" PRINCE, MAYOR E JOHN A. COMEAUX, P.E. HAROLD DOUCET, SR. MAYOR PRO TEM City of c "' ACTING CITY MANAGER I M COUNCIL MEMBERS: 1 SHERRI BELLARD RAYMOND SCOTT, JR CITY SECRETARY ELIZABETH "LIZ" SEGLER ©T r t h u r 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 15, 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 MAY 15, 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 III. PETITIONS & COMMUNICATIONS A. Speakers (1) Tina Stelly Regarding Safety Violations Of Walking Tract At Eagle's Park (2) Paige Martin And McKenzie Jones Regarding 2013 Youth Advisory Summit (3) Devin Tennyson Regarding Cleaning Up Port Arthur (4) Francis Griffin Regarding Lack Of Tracks/Walking Trails In Port Acres AGENDA MAY 15, 2012 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations (1) Presentation By Tammy Kotzur From The Port Arthur Convention & Visitors Bureau Regarding National Tourism Week (2) Presentation By Dr. Albert Thigpen and Christe Smith regarding Student Day in Government C. Correspondence - None IV. PUBLIC HEARINGS - 6:00 PM 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 Derrick Oil & Supply, Inc., Port Arthur, TX In The Total Amount Of $20,043.90 For The Purchase Of Off -Road Diesel For The Utility Operations Department (B) Consideration And Approval Of Payment To Hi -Way Equipment Co., Beaumont, TX In The Amount Of $10,436.25 For Repairs To The 2000 Gradall Excavator (Unit 1413) For The Drainage Division 2 AGENDA MAY 15, 2012 VI. CONSENT AGENDA - CONTINUED (C) Consideration And Approval Of Payment To Vanguard Truck Center Of Houston, TX In The Amount Of $7,628.72 For Emergency Repairs To An Automated Garbage Truck (Unit 1629) (D) Consideration and approval of payment to AOS Treatment Solutions, LLC of Conroe, TX in the amount of $54,171.26 for the purchase of water treatment chemicals for the Utility Operations Department (E) Consideration and approval of payment to CDW -G through TCPN CO -OP in the amount of $60,663.60 for the purchase of 20 GETAC S400 Mobile Data Terminals for the Police Department (F) Consideration and approval of payment to Digital Safety Technologies of Morrisville, NC in the amount of $104,006 for the purchase of 19 DP3 Mobile Digital Video Recorders for the Police Department (G) Consideration And Approval Of Payment To Mustang CAT Of Beaumont, TX In The Amount Of $40,434 To Perform Track Repairs To A 2005 Model Caterpillar D7R Bulldozer (Unit 1628) For The Landfill (H) Consideration And Approval Of Payment To Texas Municipal League (TML) of Austin, TX In The Amount Of $5,129 For League Services Including Texas Town & City Magazine For July, 2012 - June 2013 (I) Expense Reports Mayor Pro Tem Harold Doucet, Sr.: Use Of Personal Auto For City Business February 27 - May 1, 2012 $ 231.12 3 1 AGENDA MAY 15, 2012 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P.R. No. 17034 - A Resolution Stating The Intent Of The City Of Port Arthur, To Set Funding Of The Pretreatment Program At A Level Sufficient To Meet Applicable Federal And State Regulations As Set Forth By TPDES Permit No. WQ0010364 -001, WQ0010364- 002, And WQ0010364 -010 (2) P.R. No. 17036 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (3) P.R. No. 17039 - A Resolution Authorizing The Purchase Of Uniforms For The Fire Department From GT Distributors, Inc. Through Buyboard In An Amount Not To Exceed $30,890; Funding Available In Account No. 001 - 1121 - 522.26 -00 (4) P.R. No. 17040 - A Resolution Authorizing The Execution Of Change Order No. 1 To The Contract Between City Of Port Arthur And Dikita Engineering, Inc. For The Design And Construction Management Of A Texas Parks And Wildlife Grant Project At SSgt Lucian Adams Park, Increasing The Time Of This Contract By 487 Calendar Days Until June 29, 2012, For No Additional Cost (5) P.R. No. 17041 - A Resolution Authorizing The Execution Of Change Order No. 2 To The Contract Between City Of Port Arthur And N &T Construction Co. Inc. For The Construction Of Two (2) Softball Fields At SSgt Lucian Adams Park, Increasing The Time Of This Contract By 114 Calendar Days Until June 29, 2012, For No Additional Cost (6) P.R. No. 17042 - A Resolution Authorizing The Execution Of Change Order No. 4 To The Contract Between The City Of Port Arthur And T. Johnson Industries, Inc. Increasing The Contract Amount By $1,332.79 And Increasing Contract Time By 47 Calendar Days For The Primary And Secondary Generators For The Main Wastewater Treatment Plant And Primary Generator For The Main Outfall Lift Station Project, Account No. 141- 1201 - 532.59- 00, Project No. ORPRIM, ORMSEC, & ORMAIN 4 AGENDA MAY 15, 2012 VI. CONSENT AGENDA - CONTINUED (7) P.R. No. 17043 - A Resolution Authorizing The Second Year Of Contracts For The Purchase Of Water Treatment Chemicals For The Utility Operations Department With Altivia Corporation, DXI Industries, And Simply Aquatics, For The Same Unit Prices Currently Paid. Funds Are Available In Account No. 410 -1252- 532.29 -02 & 410 - 1256- 532.29 -00 (8) P.R. No. 17044 - A Resolution Authorizing The Certification Of Tender Loving Care Center For Children D /B /A Legacy Community Development Corporation As A Community Housing Development Organization (CHDO) In Accordance With The Requirements Of The Federal Home Program (9) P.R. No. 17045 - A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee For The Storm Sewer Improvements Along Kansas Avenue (AKA Rev. Raymond Scott) From West 19 Street To West Thomas Boulevard And Authorizing The Release Of Retainage In The Amount Of $92,900.30. Proj. ORKANS, 141 -1201- 532.59 -00 (10) P.R. No. 17049 - 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 $7,613 From $70,979 To $78,592 Which Includes A Non -Cash Match Of $7,145 And Extending The Contract Term To August 31, 2012 (11) P.R. No. 17050 - A Resolution Amending The FY 2011 -2012 Contract Between The City Of Port Arthur And The Department Of State Health Services, RLSS -Local Public Health System, To Increase The Contract Budget Amount By $39,294.09 Which Increases The Total Contract Award From $167,516.91 To $206,811 5 AGENDA MAY 15, 2012 VI. CONSENT AGENDA - CONTINUED (12) P.R. No. 17051 - A Resolution Terminating The Contract With Lene's Nursery Of Beaumont, TX At The Request Of Said Contractor And Authorizing The Execution Of A One Year Contract With Affordable 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 B -2, To Be Charged To Account No. 001 - 1304 - 541.59 -00 (13) P.R. No. 17056 - A Resolution Authorizing The Amendment To Blanket Purchase Order No. 161921 For The Purchase Of Water Treatment Polymers For The Utility Operations Department From AOS Treatment Solutions, LLC. Funds Are Available In Account No. 410 -1252- 532.29 -02 (14) P.R. No. 17059 - A Resolution Awarding The Bid For The Purchase Of An Underground Piercing Tool For The Utility Operations Department To Waukesha- Pearce Industries, Inc., Of Port Arthur, Texas, In The Total Amount Of Seven Thousand Four Hundred Fifty And No /100 Dollars ($7,450). Funds Are Available In Account No. 410 -1253- 532.92 -00 (15) P.R. No. 17060 - A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit 213 (SUP# 213) For Avina Healthcare Solution, Inc. For The Operation Of An Adult Daycare Facility On 0.3095 Acre Of Land Consisting Of Tract 2 -A, Block 548, Model Addition, Port Arthur, Jefferson County, Texas Z12 -04 [SUP# 213] (16) P.R. No. 17061 - A Resolution To Amend Section 9 -101 `Compliance With Federal Requirements' Of The City Of Port Arthur Procurement Policies And Procedures Manual In Accordance With The Federal Transit Administration (17) P.R. No. 17062 - A Resolution Authorizing The City Manager To Execute The First Amendment To The Water Service Agreement Between Sabine Pass Liquefaction, LLC And The City Of Port Arthur 6 AGENDA MAY 15, 2012 VI. CONSENT AGENDA - CONTINUED (18) P.R. No. 17064 - A Resolution Awarding A Contract To C &C Demolition, Inc. In The Amount Of $18,800.00 For The Demolition Of Five (5) Dangerous Residential Properties (Group A); To Be Charged To Account No. 139 - 1431 - 556.59 -00 Project No. IKE -03 (TDHCA PROJECT III) VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 16971 -A Resolution Authorizing Change Order No. 2 And No. 3 To The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Apac- Texas, Inc. For Construction Of A Utility Access Road To Serve The Port Arthur Business Park, Contract No. 1 (Job No. EDC -160) (2) P.R. No. 17047 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Beautification Commission (Requested to Councilmember Beard) (3) P.R. No. 17048 - A Resolution Approving Awarding A Bid By The City Of Port Arthur Section 4A Economic Development Corporation To Excavators & Constructors, LTD And Authorizing The Execution Of A Contract For Construction Of Sanitary Sewer, Paving And Drainage Facilities For Kerry "Twin" Thomas Drive To Serve The Spur 93 Business Park, Contract 1 (Job No. EDC -170) (4) P.R. No. 17058 - A Resolution Establishing A Finance Committee Of City Council (Requested By Councilmember Albright) B. Ordinances (1) P. O. No. 6233 - An Appropriation Ordinance Amending The General Fund Budget For The Fiscal Year Beginning October 1, 2011 And Ending September 30, 2012 By $150,000 In Order To Fund Improvements To The Downtown Pavilion Requested By Councilman Thomas AGENDA MAY 15, 2012 VIII. REPORTS OF BOARDS & COMMITTEES (1) March 2012 Financial Report (2) Report By PAEDC On Proposed Amendments To The Covenants & Restrictions Of The Spur 93 Business Park (3) A Discussion On The P -Card Policies And Procedures (Requested By Mayor Pro Tem Doucet) (4) Discussion And Possible Action On A Streets And Water Hydrants Bond Issue (Requested By Councilmember Beard) (5) Discussion On Proposed Changes To The City's Demolition /Dangerous Structures Ordinance (Requested By Councilmember Beard) 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 ************************************************************* * **** *** * *** * * * * *** ******* ***** 8 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.