HomeMy WebLinkAbout06.26.12 POST AGENDA REPORTPOST AGENDA REPORT
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
JUNE 26, 2012
8:30AM
PLEASE TURN OFF OR MU TE A L L CELL PHONES
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
Acbng City Manager Comeaux _
City Secretary Bellard _
City Attorney Tizeno _
Sergeant At Arms:
Police Chief Blanton Or Designee
II. PROCLAMATIONS & MINUTES
Proclamations
Minutes
June 12, 2012 Special Executive Meeting Approved
June 12, 2012 Regular Meeting Approved
June 21, 2012 Special Executive Meeting Approved
III. PETITIONS & COMMUNICATIONS
A. Speakers
P.J. Webb Regarding Decision - Making Need For Residential
Garbage Truck Schedule Of Operability
AGENDA
JUNE 26, 2012
III. PETITIONS & COMMUNICATIONS - CONTINUED
B. Presentations
(1) Labiche Architectural Group And The Downtown Renaissance
District Board Regarding "Procter Street Project"
(2) Dr. Janis Hutchins Regarding The Port Arthur Business Enterprise
Program
C. Correspondence - None
IV. PU13LIC HEARINGS - 9:00 AM
To Consider Granting A Specific Use Permit For Betty And Harold Garcia
For The Operation Of A Community Event Center On 0.5527 Acre Of Land
Corsisting Of Tract 1 -A And A Portion Of Lots 3 And 4, Block 1, Alamo
Heights Addition (A.K.A. 3648 39 Street), Port Arthur, Jefferson County,
Texas
V. UNF=INISHED BUSINESS
The Following Items Of Business Were Held From The Previous Meeting
At Which No Action Was Taken On These Items:
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)
Motion: Councilmember Thomas Second: Councilmember Doucet
Voting Yes: 9 Voting No: 0
REMOVED
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Withdrawn For Individual Consideration In Its Normal Sequence After The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.
AGENDA
JUNE 26, 2012
VI. CONSENT AGENDA - CONTINUED
Motion: Councilmember Freeman Second: Councilmember Doucet
Voting Yes: 9 Voting No: 0
(A) Consideration And Approval Of Payment To Widgeon Construction,
Inc-, Orange, TX In The Amount Of $11,306.25 For The Purchase
Of Guard Rail Installation For The Pleasure Island Erosion Project
(B) Consideration And Approval Of Payment To A & ✓Engine Services,
Inc., Groves, TX In The Amount Of $13,774.61 For Generator
Repairs To The Operations Center Generator
(C) Consideration And Approval Of Payment To Smart's Truck & Trailer
Equipment, Inc., Beaumont, TX In The Amount Of $7,515.21 For
Repairs To Various Commercial, Trash And Residential Garbage
Units For The Public Works Solid Waste Division
(D) Consideration And Approval Of Payment To Heil Of Texas,
Houston, TX In The Amount Of $28,594.09 For Repairs To
Commercial And Residential Garbage Units In The Public Works
Solid Waste Division
(E) Consideration And Approval Of Payment To Boston Chi ldren's
Hospital In The Amount Of $7,700.00 For The Nurse - Family
Partnership Program
(F) Expense Reports:
Mayor Deloris Prince:
Attend TML Meeting
Montgomery, TX June 21, 2012 $526.81
City Secretary Sherri Bellard:
Attended TMCCP Open Meetings Act Seminar
Clearlake, TX, June 6 -8, 2012 $775.00
AGENDA
JUNE 26, 2012
VI. CONSENT AGENDA - CONTINUED
Res olutions - Consent
(1) P.R. No. 17108 - A Resolution
Various Sanitary Sewer Pumps
Department From Pump & Power
In The Total Amount Of $21,076.
No. 410 -1255- 532.92 -00
Authorizing The Purchase Of
For The Utility Operations
Equipment, Of Houston, Texas,
Funds Are Available In Account
Resolution No. 12 -308
(2) P.R. No. 17114 - A Resolution Authorizing The Execution Of
Contract Amendment No. 1, The Acceptance Of The Project, And
Final Payment For The Primary Generator Installation For The
Water Purification Plant Project, Account No. 141 - 1201 - 532.59 -00,
Project No. ORWTPG
Resolution No. 12 -309
(3) P.R. No. 17122 - A Resolution Authorizing The City Manager To
Execute An Agreement With Crowder Gulf Of Theodore, Alabama
For Debris Removal & Emergency Services For The City Of Port
Arthur In The Event Of An Emergency Or Disaster
Resolution No. 12 -310
(4) P.R. No. 17130 - A Resolution Authorizing Payment Of An Invoice
In The Amount Of $30,471 From Houston Area Library Automated
Network (HALAN) For FY 2012 Annual Dues (Account No. 001-
1403- 551.59 -00)
Resolution No. 12 -311
(5) P.R. No. 17131 - A Resolution Authorizing The Payment To DSW
Homes Of Beaumont, Texas For The Installation Of Four (4)
Concrete Sidewalks For Homes Constructed Through The
Neighborhood Stabilization Program (NSP) For The Total Amount
Of $6,775, Account No. 129 - 1435 - 554.00, Project No. NSP 006
Resolution No. 12 -312
AGENDA
JUNE 26, 2012
VI. CONSENT AGENDA - CONTINUED
(6) P.R. No. 17132 - A Resolution Authorizing The City Manager To
Make Application And Receive Funding Through The 2012 Edward
Byrne Memorial Justice Assistance Grant (JAG) Program In The
Amount Of $31,959
Resolution No. 12 -313
(7) P.R. No. 17133 - A Resolution Authorizing The Distribution And
Collection Of The City Of Port Arthur Revised Application For
Certification As A Port Arthur Business Enterprise (PABE),
Including Tier, I, II, III Certification
PULLED FOR INDIVIDUAL ACTION
Motion: Councilmember Albright Second: Mayor Pro Tem Lewis
Voting Yes: 9 Voting No: 0
Resolution No. 12 -307 (amended)
(8) P.R. No. 17135 - A Resolution Authorizing The City Manager To Do
All Things Necessary To Execute Settlement Of The Property
Damage Subrogation Claim In The Amount Of $9,360.00 Made
Against The Estate Of Michael Batiste And Farmers Insurance
Group
Resolution No. 12 -314
(9) P.R. No. 17136 - A Resolution Authorizing The City Manager To
Execute A One Year Agreement Between The City Of Port Arthur
And Imagenet Consulting For Maintenance On Laserfiche Software
Application In The Amount Of $8,973; Funding Available In Account
No. 001 -1034- 515 -54.00
Resolution No. 12 -315
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AGENDA
JUNE 26, 2012
VI. CONSENT AGENDA - CONTINUED
(10) P.R. No. 17138 - A Resolution Authorizing The City Manager To
Execute An Agreement With The New Orleans Regional Transit
Authority For The Lease Of Ten Buses To Be Utilized By The Port
Arthur Transit For Its Fixed Route Service, In An Amount Not To
Exceed $6,000 (Account No. 401 - 1501 - 561.51 -00)
PULLED FOR INDIVIDUAL ACTION
Motion: Councilmember Williamson Second: Councilmember Freeman
Voting Yes: 8 Voting No: 0 w/o Councilmember Thomas
Resolution No. 12 -306
(11) P.R. No. 17139 - A Resolution Authorizing The Rejection Of Bids
For The Purchase Of A One Ton Truck For The City's Transit
Facilities And Authorization To Rebid
Resolution No. 12 -316
(12) P.R. No. 17141 - A Resolution Authorizing The City Manager To Do
All Things Necessary To Execute Settlement Of An Automobile
Physical Damage Claim In The Amount Of $5,666.03 Made Against
Texas Municipal League Intergovernmental Risk Pool (TML) As A
Result Of The Property Damage To City Police Vehicle #1854
Resolution No. 12 -317
(13) P.R. No. 17142 - A Resolution Authorizing The City Manager To
Execute A Worksite Agreement With Workforce Solutions Of
Southeast Texas
Resolution No. 12 -318
(14) P.R. No. 17143 - A Resolution Authorizing The Fire Chief To Apply
For The 2012 Assistance To Firefighters Grant Program
Resolution No. 12 -319
AGENDA
JUNE 26, 2012
VI. CONSENT AGENDA - CONTINUED
(15) P.R. No. 17144 - A Resolution Rescinding Resolution No. 12 -181,
Awarding A Contract To Mustang Remediation, LLC And Awarding
The Contract To AAR, Inc. In The Amount Of $178,455 For The
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
Resolution No. 12 -320
(16) P.R. No. 17145 - A Resolution Authorizing The Purchase Of A 250
CFM Diesel Air Compressor For The Utility Operations Department
From National Pump & Compressor Of Beaumont, Texas, In The
Total Amount Of $19,516., Funds Are Available In Account No. 410-
1253- 532.92 -00
Resolution No. 12 -321
(17) P.R. No. 17146 - A Resoluti
Portable Light Tower For The
XYLEM Dewatering Solutions,
Amount Of $7,000. Funds Are
532.92 -00
:)n Authorizing The Purchase Of A
Utility Operations Department From
Inc., of Houston, Texas, In The Total
Available In Account No. 410 -1255-
PULLED FOR INDIVIDUAL ACTION
Motion: Councilmember Doucet Second: Councilmember Thomas
Voting Yes: 8 Voting No: 0 w/o Councilmember Williamson
TABLED
(18) P.R. No. 17147 - A Resolution Awarding A Contract To C. Johnnie
On The Spot Of Nederland, Texas For The Rental Of Portable
Chemical Toilets: Regular - Daily And Weekly, Wheelchair
Accessible - Daily For The Parks And Recreation Department In A
Not To Exceed Amount Of $10,000.00 (Account No. 001 -1402-
551.51 -00)
PULLED FOR INDIVIDUAL ACTION
Motion: Councilmember Albright Second: Councilmember Doucet
Voting Yes: 8 Voting No: 0 w/o Councilmember Williamson
REMOVED
AGENDA
JUNE 26, 2012
VI. CONSENT AGENDA - CONTINUED
(19) P.R. No. 17150 - A Resolution Awarding A Contract To Triangle
Waste Solutions Of Port Arthur, Texas For The Rental Of Regular
Portable Chemical Toilets On A Monthly Basis And Wheelchair
Accessible Toilets On A Weekly And Monthly Basis For The Parks
And Recreation Department In A Not To Exceed Amount Of
$12,000.00 (Account No. 0 01 - 1402 - 551.51 -00)
PULLED FOR INDIVIDUAL ACTION
Motion: Councilmember Albright Second: Councilmember Doucet
Voting Yes: 8 Voting No: 0 w/o Councilmember Williamson
REMOVED
(20) P.R. No. 17152 - A Resolution Authorizing The Renewal Of A
Contract With MDN Enterprises Of New Caney, Texas, For The
Purchase Of Resilient Seat Valves, For The Utility Operations
Department In The Not To Exceed Amount Of $96,223; Funds Are
Available In Account No. 410- 1253 - 532.35 -00 & 410- 1255- 532.33-
00)
Resolution No. 12 -322
(21) P.R. No. 17153 - A Resolution Authorizing The Renewal Of A
Contract With Four Sisters Petroleum, LLC, Of Austin, Texas, For
The Purchase Of Ultra Low Sulfur Diesel Fuel; Funding Available In
Account Numbers: 401 - 1502 - 561.24 -00 And 401 - 1506 - 561.24 -00
Resolution No. 12 -323
(22) P.R. No. 17155 - A Resolution Approving The Issuance Of Bonds
By The Sanger Texas Industrial Development Corporation To
Finance A Project In Port Arthur, Texas For Texas Pellets, Inc.
Resolution No. 12 -324
AGENDA
JUNE 26, 2012
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT
A. Resolutions
(1) P.R. No. 16882 - A Resolution Appointing A City Charter Change
Committee
Motion: Councilmember Albright
Voting Yes: 9 Voting No: 0
Resolution No. 12 -327
Second: Councilmember Freeman
(2) P.R. No. 17134 - A Resolution Appointing A City Manager For The
City Of Port Arthur And Establishing The Terms Of Employment
Pursuant To Article V Of The Charter Of The City Of Port Arthur
And Chapter 25 Of The Texas Local Government Code
Motion: Councilmember Thomas Second: Councilmember Freeman
Voting Yes: 9 Voting No: 0
Resolution No. 12 -328
(3) P.R. No. 17137 - A Resolution As It Pertains To Requesting A Bill
To Be Adopted By The Texas Legislature Regarding The
Appointment Process To The Municipal Housing Authority
(Requested By Mayor Pro Tem Lewis)
Motion: Mayor Pro Tern Lewis Second: Councilmember Thomas
Voting Yes: 9 Voting No: 0
TABLED
(4) P.R. No. 17148 - A Resolution Authorizing The Purchase Of Two
(2) Residential Automated Garbage Trucks From Heil Of Houston,
Texas And Grande Truck Center Of San Antonio, Texas Through
Buyboard In The Amount Of $482,128, Account 625- 1801- 533.93-
00
Motion: Councilmember Williamson Second: Councilmember Freeman
Voting Yes: 8 Voting No: 0
Resolution No. 12 -329 (AMENDED)
AGENDA
JUNE 26, 2012
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT -
CONTINUED
(5) P.R. No. 17151 - A Resolution Awarding A Contract For The Rental
Of Hand Washing Stations On A Daily Basis For The Parks And
Recreation Department In The Not To Exceed Amount Of $500.00
(Account No. 001 -1402- 551.51 -00)
Motion: Councilmember Albright Second: Councilmember Freeman
Voting Yes: 9 Voting No: 0
REMOVED
(6) P.R. No. 17154 - A Resolution Authorizing The City Manager To
Execute The First Amendment To The Industrial District Agreement
With BASF Corporation, Sabina Petrochemicals, LLC & Atofina
Petrochemicals, Inc. (Now Known As TOTAL Petrochemicals And
Refining USA, Inc.)
Motion: Councilmember Williamson
Voting Yes: 9 Voting No: 0
Resolution No. 12 -326
Second: Councilmember Freeman
B. Ordinances
(1) P.O. No. 6240 - An Ordinance Amending Chapter 62, Section 109
Of The Code Of Ordinances As It Pertains To Sex Offenders;
Providing Penalties For Violation Of The Ordinance; And Providing
For An Effective Date
Motion: Councilmember Thomas Second: Councilmember Freeman
Voting Yes: 8 Voting No: 0 w/o Councilmember Albright
Ordinance No. 12 -38
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AGENDA
JUNE 26, 2012
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT -
CONTINUED
(2) P.O. No. 6241 - An Ordinance Amending Section 38 -1 (Arson;
Reward) Of Chapter 38 (Fire Prevention And Protection) Of The
Code Of Ordinances Of The City Of Port Arthur In Its Entirety;
Repealing All Ordinances Or Parts Of Ordinances In Conflict
Therewith; Providing A Savings Clause; And Providing For
Publication And An Effective Date Immediately After Publication
Motion: Councilmember Williamson Second: Councilmember Thomas
Voting Yes: 9 Voting No: 0
Ordinance No. 12 -39
(3) P.O. No. 6242 - An Appropriation Ordinance Amending The Budget
For The Fiscal Year Beginning October 1, 2011 And Ending
September 30, 2012 For The Solid Waste Fund By $130,000 And
The Water And Sewer Fund By $100,000 In Order To Fund
Operating Costs In The Public Works Department
Motion: Councilmember Williamson Second: Councilmember Albright
Voting Yes: 9 Voting No: 0
Ordinance No. 12 -40
(4) P.O. No. 6243 - An Appropriation Ordinance Amending The Budget
For The Fiscal Year Beginning October 1, 2011 And Ending
September 30, 2012 For The Equipment Replacement Fund By
$482,128 In Order To Fund The Purchase Of Two Residential
Garbage Trucks
Motion: Councilmember Williamson Second: Councilmember Thomas
Voting Yes: 9 Voting No: 0
Ordinance No. 12 -41
(5) P.O. No. 6244 - An Appropriation Ordinance Amending The
General Fund Budget For The Fiscal Year Beginning October 1,
2011 And Ending September 30, 2012 By $183,000 In Order To
Fund Operating Costs In The Fire Department
Motion: Councilmember Thomas Second: Councilmember Freeman
Voting Yes: 9 Voting No: 0
Ordinance No. 12 -42
AGENDA
JUNE 26, 2012
VII. ITEMS REQUIRING INDIVIDUAL ACTION
CONTINUED
C. Reports And Recommendations
(1) April 2012 Financial Report
(2) Monthly Crime Report
VIII.
IX.
REPORTS OF BOARDS & COMMITTEES - None
*CLOSED MEETING (EXECUTIVE SESSION)
- NON - CONSENT -
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 Government Code - To Discuss With The City
Attorney Potential Litigation Regarding City Transit Services
(2) Section 551.071 Government Code - To Discuss With The City
Attorney Potential Litigation Regarding British Petroleum
(3) Section 551.072 Government Code - To Discuss Value Of Land On
Westside Port Arthur, Texas
(4) Section 551.071 Government Code - To Discuss With The City
Attorney Potential Litigation As It Pertains To Liens And Funds
Owed To The City
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AGENDA
JUNE 26, 2:012
IX. *CLOSED MEETING (EXECUTIVE SESSION)
(5) Section 551.071 Government Code - To Discuss With The City
Attorney Potential Litigation As It Pertains To Industrial District
Agreement With BASF /Fina
*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 June 27, 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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