HomeMy WebLinkAboutJUNE 12, 2012 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR B JOHN A. COMEAUX, P.E.
WILLIE "BAE" LEWIS, JR. MAYOR PRO TEM City o f WY ACTING CITY MANAGER
COUNCIL MEMBERS: / SHERRI BELLARD
RAYMOND SCOTT, JR. O r t r t u �q CITY SECRETARY
ELIZABETH "LIZ" SEGLER
MORRIS ALBRIGHT Texas VAL TREND
HAROLD L. DOUCET, SR. CITY ATTORNEY
ROBERT E. WILLIAMSON
DERRICK FREEMAN
KERRY "TWIN" THOMAS
AGENDA
City Council
Regular Meeting
June 12, 2012
5:30 p.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
JUNE 12, 2012
5:30PM
PLEASE TURN OFF OR MUTE ALL CELL PHONES
I. INVOCATION, PLEDGE & ROLL CALL
Mayor Prince
Mayor Pro Tem Lewis, Jr.
Councilmember Scott, Jr.
Councilmember Segler
Councilmember Albright, III
Councilmember Doucet, Sr.
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
May 2, 2012 Joint Special Meeting
May 15, 2012 Special Executive Meeting
May 15, 2012 Regular Meeting
May 23, 2012 Special Meeting
May 23, 2012 Special Executive Meeting
May 29, 2012 Special Executive Meeting
May 29, 2012 Regular Meeting
June 5, 2012 Special Meeting
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Roosevelt Petry, Jr. Regarding City Council Attack On EDC
(2) Pamela J. Webb Regarding Emergency Garbage Collection
(3) John Beard, Jr. Regarding Trash, Garbage And City Operations
AGENDA
JUNE 12, 2012
III. PETITIONS & COMMUNICATIONS - CONTINUED
B. Presentations
C. Correspondence - None
IV. PUBLIC HEARINGS - 6:00 PM
(1) To Consider Granting A Specific Use Permit 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
(2) To Consider Public Comments As To The Continued Use For An
Additional Three Years Of Section 4A Sales And Use Tax Within
The City Of Port Arthur Being Utilized To Promote Or Develop New
Or Expanded Business That Create Or Retain Primary Jobs,
Including A Project To Provide Demolition Of Dilapidated Structures
And Infrastructure Improvements In The Area Described
(Downtown), Which Is A Category Of Projects Under Section 4B Of
Article 5190.6 Vernon's Texas Code Annotated (Type B Of Section
505.155 Local Government Code), With The Condition That Total
Annual Spending On All Section 4B Projects By The City Of Port
Arthur Section 4A Economic Development Corporation Will Not
Exceed $750,000 Through September 30, 2015
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.
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AGENDA
JUNE 12, 2012
VI. CONSENT AGENDA - CONTINUED
(A) Consideration And Approval Of Payment To Performance Truck,
Beaumont, TX In The Amount Of $9,723.10 For Repairs To
Garbage Truck Unit 1713 For The Public Works Department, Solid
Waste Division
(B) Consideration And Approval Of Payment To Performance Truck,
Beaumont, TX In The Amount Of $9,958.57 For Repairs To
Commercial Container Unit 1566 For The Public Works
Department, Solid Waste Division
(C) Expense Reports:
City Secretary Sherri Bellard
2012 TMCCP Public Funds Investment Seminar
Waco, TX, April 11 -13, 2012 $860.62
Resolutions - Consent
(1) P.R. No. 16990 - A Resolution Awarding The Bid For The Purchase
Of Two (2) 3 /4 Ton Utility Trucks, For The Utility Operations
Department To Caldwell Country Ford, Of Caldwell, Texas, In The
Total Amount Of $60,674. Funds Are Available In Account No. 625-
1801- 532.93 -01 & 625 -1801- 532.93 -06
(2) P.R. No. 17026 - A Resolution Authorizing The City Manager To !
Execute A Two (2) Year Agreement Between Port Arthur
Independent School District And The City Of Port Arthur For The
Use Of The Pease School And Thomas Edison School Properties
For Soccer And Related Activities
(3) P.R. No. 17037 - A Resolution Awarding The Bid For The Purchase
Of A Mini Excavator For The Utility Operations Department To
Waukesha- Pearce Industries, Inc. (Thru Buyboard), Of Port Arthur,
Texas, In The Total Amount Of $47,741.84. Funds Are Available In
Account No. 625 - 1801 - 532.93 -03
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AGENDA
JUNE 12, 2012
VI. CONSENT AGENDA - CONTINUED
(4) P.R. No. 17038 - A Resolution Awarding The Bid For The Purchase
Of A 14,000 GVWR Trailer For The Utility Operations Department
To Jones Trailer Sales, Of Beaumont, Texas, In The Total Amount
Of $3,395. Funds Are Available In Account No. 625- 1801 - 532.93-
03
(5) P.R. No. 17046 - A Resolution Authorizing The Execution Of A
Contract Between Tender Loving Care Center For Children D /B /A
Legacy Community Development Corporation, 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
HE0901, HE1001 And Home Program Income Funds
(6) P.R. No. 17055 - A Resolution Approving A Grant To Donell
Lavalais For Exterior Renovation To The Property Located At 440
6 Street Under The Operation Downtown Site Improvement Grant
Program
(7) P.R. No. 17078 - A Resolution Approving The Continued Use Of
Section 4A Sales And Use Tax Within The City Of Port Arthur For
Demolition Of Dilapidated Structures And Infrastructure Limited To
Streets And Roads, Rail Spurs, Water And Sewer Utilities, Electric
And Gas Utilities, Drainage, Site Improvements, And Related
Improvements Necessary To Promote Or Develop New Or
Expanded Business Enterprises Within A Project Area From 7th
Street To The Intracoastal Canal And From Martin Luther King, Jr.
Drive To Lake Charles Avenue
(8) P.R. No. 17101 - A Resolution Calling For A Public Hearing To
Consider Provisions To Sections 98 -201, 98 -202, 98 -203, 988 -204,
98 -205, 98 -207, 98 -211, 98 -213 And 98 -216 Of The Subdivision
Ordinance For The City Of Port Arthur In Compliance With Title 31,
Texas Administrative Code, Chapter 364
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AGENDA
JUNE 12, 2012
VI. CONSENT AGENDA - CONTINUED
(9) P.R. No. 17102 - A Resolution Authorizing The City Manager To
Attend And Conduct A Public Hearing At The Offices Of The Port Of
Port Arthur, On June 14, 2012 At 9:00 A.M. Regarding The
Issuance Of Bonds By The Sanger Texas Industrial Development
Corporation For Texas Pellets, Inc.
(10) P.R. No. 17103 - A Resolution Authorizing The City Manager To
Enter Into A Contract With Heritage Hardwood Cabinetry Of
Groves, Texas, For Labor And Materials To Construct And Install
Kitchen Cabinets At Central Fire Station In The Amount Of $10,778;
Funds Available In Account No. 303 - 1603 - 591.82 -00, Project
CIP168
(11) P.R. No. 17105 - A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
(12) P.R. No. 17107 - A Resolution Authorizing The Acceptance Of The
Project For The Sanitary Sewer Rehabilitation By The Pipe Bursting
And Sliplining Methods Project, Basins PA64C & PA66, Contract
No. 6 From Allco, Inc. And Authorizing Final Payment In The
Amount Of $174,224.75, Account No. 404 - 1625- 532.83 -00. Project
No. 404PB6
(13) P.R. No. 17109 - A Resolution Authorizing The Purchase Of 185
CFM Diesel Air Compressor For The Utility Operations Department
From National Pump & Compressor, Of Beaumont, Texas In The
Total Amount Of $11,887. Funds Are Available In Account No. 410-
1255- 532.92 -00
(14) P.R. No. 17110 - A Resolution Approving Additional Promotional
Funds In The Amount Of $29,366 For The Renovation Of The
Downtown Pavilion
(15) P.R. No. 17112 - A Resolution Authorizing A Ten Month Extension
To The Existing Contract With Nelson Collaborative, Houston,
Texas For Design And Oversight Of The Transit Department
Renovation Project
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AGENDA
JUNE 12, 2012
VI. CONSENT AGENDA - CONTINUED
(16) P.R. No. 17113 - A Resolution Authorizing The Execution Of A
Form And Consent Agreement And Joinder Agreement Between
The City Of Port Arthur And Sabine Pass Liquefaction, LLC
(17) P.R. No. 17116 - A Resolution Authorizing Revisions To The City's
Owner Occupied Housing Assistance Rehabilitation And
Reconstruction Program Guidelines
(18) P.R. No. 17121 - A Resolution Authorizing The Final Payment
Including 5% Retainage, In The Amount Of $25,780 To Rimrock
Enterprises, Inc. For The Completion Of The Construction Of The
Pleasure Island Shoreline Protection. CIP201, 303 - 1603- 591.59 -00
(19) P.R. No. 17123 - A Resolution Authorizing The City Manager To
Execute Change Order 03 To The Contract Between The City Of
Port Arthur And LDF Construction, Inc. For Port Arthur Fire Station
#4 At Sabine Pass, Decreasing The Contract By $150.38 To A New
Total Amount Of $1,722,969.87. Project IKEFS4, 121 -2300-
901.82 -00
(20) P.R. No. 17124 - A Resolution Authorizing The 3 Renewal For A
Contract Between The City Of Port Arthur And Hart Intercivic For
HVS Software License And Support. Funding Is Available In
Account No. 001 - 1013 - 513.54 -00
(21) P.R. No. 17127 - A Resolution Establishing A Covenant Of Patience
And Understanding Promoting An Honest And Constructive
Dialogue As It Pertains To Council Meeting Decorum, Social And
News Medias For The City Council Of The City Of Port Arthur For
The Year 2012 (Requested By Councilmember Thomas)
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AGENDA
JUNE 12, 2012
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT
A. Resolutions
(1) P.R. No. 16984 - A Resolution Approving An Economic Incentive
Contract & Loan Agreement Between Willfire HC, LLC And The City
Of Port Arthur Section 4A Economic Development Corporation
(2) P.R. No. 17106 - A Resolution Authorizing The Approval Of A
Financing Proposal For $1,466,291.84 From Bancleasing, Inc. To
Lease /Purchase Capital Equipment For Public Works
(3) P.R. No. 17117 - A Resolution Authorizing The Purchase Of Three
(3) 12 -14 Cubic Yard Tandem Dump Trucks From Houston
Freightliner /Sterling Of Houston, Texas Through H -GAC In The
Amount Of $278,113
(4) P.R. No. 17118 - A Resolution Authorizing The Purchase Of Two
(2) Elgin Crosswind Street Sweepers From Kinloch Supply
Equipment, Inc. Of Pasadena, Texas Through Buyboard In The
Amount Of $344,990
(5) P.R. No. 17119 - A Resolution Authorizing The Purchase Of A
Commercial Container Garbage Truck From Heil Of Texas Of
Houston, Texas And Chastang's Bayou City Autocar Of Houston,
Texas Through Buyboard In The Amount Of $250,250
(6) P.R. No. 17120 - A Resolution Authorizing The Purchase Of Two
(2) Residential Automated Garbage Trucks From Heil Of Texas Of
Houston, Texas And Grande Truck Center Of San Antonio, Texas
Through Buyboard In The Amount Of $482,128
(7) P.R. No. 17125 - A Resolution Appointing And /Or Reappointing A
Member Or Members To The Housing Finance Corporation Board
Of Directors
(8) P.R. No. 17128 - A Resolution Appointing And /Or Reappointing A
Member Or Members To The Pleasure Island Commission
(Requested By Councilmember Thomas)
AGENDA
JUNE 12, 2012
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT -
CONTINUED
B. Ordinances
(1) P.O. No. 6236 - An Ordinance As It Pertains To A Developer
Participation Contract With H & P Engineering & Builders, Inc.
(2) P.O. No. 6239 - An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Granting 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, 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 Z12 -03 "SF" Single Family To "LC" Light
Commercial
C. Reports And Recommendations
(1) PAEDC's Five Year Strategic Goals And Objectives Plan
(2) Discuss The Duties And Responsibilities Of The Mayor Pro Tem
(Requested By Councilmember Doucet)
(3) Discuss And Possible Action Regarding Appointing Alternates For
Charter Change Committee (Requested By Mayor Pro Tem Lewis)
(4) Report And Discussion Regarding Garbage Collection (Requested
By Councilmember Doucet)
VIII. REPORTS OF BOARDS & COMMITTEES - None
IX. ADJOURNMENT OF MEETING
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NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect
To Recess The Meeting And Reconvene At 8:30AM On June 13, 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: r - 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 Ilse 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.
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