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Home My WebLink AboutJULY 10, 2012 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR Ey JOHN A. COMEAUX, P.E. WILLIE "BAE" LEWIS, JR. MAYOR PRO TEM City of c "� ACTING CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD RAYMOND SCOTT, JR. C CITY SECRETARY ELIZABETH "LIZ" SEGLER o r t r t h u r MORRIS ALBRIGHT VAL TIZENO HAROLD L. DOUCET, SR. Texas CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGEN DA City Council Re ular Meeting Jyly 10, 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 1 City Council Meeting City Hall Council Chamber City Of Port Arthur JULY 10, 2012 5:30PM PLEASE TURN OFF OR MU FALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Lewis, Jr. Councilmember Scott, Jr. Councilmember Segler Councilmember Albrigh , 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 III. PETITIONS & COMMUNICATIONS A. Speakers - None B. Presentations - None C. Correspondence - None AGENDA JULY 10, 2012 IV. PUBLIC HEARINGS - 6:00 PM A Public Hearing Regarding The City Of Port Arthur's Intent To Submit An Application For A Texas Parks And Wildlife Grant In The Amount Of $100,000 V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items (1) P.R. No. 17137 - A Resolution Amending Resolution 08 -178 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) (2) P.R. No. 17146 A Resolution Authorizing The Purchase Of A Portable Light Tower For The Utility Operations Department From Xylem Dewatering Solutions, Inc. Of Houston, Texas, In The Total Amount Of $7,000. Funds Are Available In Account No. 410 -1255- 532.92 -00 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. 2 AGENDA JULY 10, 2012 VI. CONSENT AGENDA - CONTINUED (A) Consideration And Approval Of Payment To City of Groves, Groves, TX In The Amount Of $5,230.71 For Solid Waste Collection For The Public Works Department, Solid Waste Division (B) Consideration And Approval Of Payment To Doggett Heavy Machinery, Beaumont, TX In The Amount Of $5,162.31 For Emergency Repairs To A Mini - Hydraulic Excavator For The Utility Operations Department, Water Distribution Division (C) Consideration And Approval Of Payment To Petersen Industries, Inc., Lake Wales, FL In The Amount Of $11,000 For The Rental Of Trash Trucks For Public Works Solid Waste Trash Division (D) Consideration And Approval Of Payment To Heil Of Texas, Houston, TX In The Amount Of $10,192.74 For Repairs To Commercial And Residential Garbage Units In The Public Works Solid Waste Division (E) Consideration And Approval Of Payment To Smarts Truck And Trailer, Beaumont, TX In The Amount Of $5,281.93 For Repairs To Commercial And Residential Garbage Units And Trash Units In The Public Works Solid Waste Division (F) Consideration And Approval Of Payment To Vigilant Video, Livermore, CA in The Amount Of $8,000.00 For Annual Subscription To License Plate Recognition Software For The Police Department (G) Consideration And Approval Of Payment To AFIX Technologies, Inc., Pittsburg, KS In The Amount Of $5,550 For Renewal Of Software Service And Technical Support For AFIX Tracker Fingerprint Database System For The Police Department (H) Consideration And Approval Of Payment To Crawford Electric Supply Beaumont, Nederland, TX In The Amount Of $5,298 For The Purchase Of Two (2) Lamp Poles For The Public Works Department 3 AGENDA JULY 10, 2012 VI. CONSENT AGENDA - CONTINUED (I) Expense Reports: Mayor Deloris "Bobbie" Prince: Use Of Personal Auto For City Business June, 2012 $54.88 Resolutions - Consent (1) P.R. No. 17104 - A Resolution Authorizing The City Manager To Execute An Oil, Gas And Mineral Lease With Tri -C Resources, L.L.C. Of Houston, Texas As It Pertains To Block 7, 8 And 9, Range G; Block 7, 8 And 9, Range H, Of The PALCO Subdivision, Jefferson County, Texas (2) P.R. No. 17115 - A Resolution Authorizing The Execution Of Change Order No. 5 (Final), The Acceptance Of The Project, And Final Payment 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 (3) P.R. No. 17126 - A Resolution Authorizing The Execution Of Contracts Between The City Of Port Arthur And The Non - Profit Service Organizations For Public Service Activities, In The Amount Of $68,700, This Being $5,000 For Gift Of Life, $10,000 For Nutrition & Service For Seniors, $3,000 For Law Academy, $4,000 For PANAC, $4,000 For Port Arthur Flyers Track Club, $10,000 For South East Texas Regional Planning Commission, $1,200 For Camp Fire, $2,000 For YMCA, $10,000 For Catholic Charities, $3,000 For IEA- Inspire, Encourage, Achieve, $2,000 For Community Retirement Home, Inc., $3,000 For Program Of Health Excellence, $3,000 For Lifesaver Ministry, $3,000 For Willie Carter Community Outreach, $4,000 For Port Arthur Helping Our People Excel, $1,500 For Port Arthur American Little League, Inc. Of Port Arthur For The Benefit Of Low And Moderate Income Residents Of The City 4 AGENDA JULY 10, 2012 VI. CONSENT AGENDA - CONTINUED (4) P.R. No. 17129 - A Resolution Authorizing An Amendment To The 2011 Community Development Block Grant Budget For Southeast Texas Camp Fire Council, Inc. To Use Remaining Balance Of $1,628.04 To Provide For Youths To Attend A Resident Summer Camp At Camp Niwana In Woodville, Texas (5) P.R. No. 17149 - A Resolution Authorizing The Submission Of Contract Amendment #9 For The Community Development Funds Contract Between The City Of Port Arthur And The Texas General Land Office Contract Number DRS010148 (6) P.R. No. 17156 - A Resolution Authorizing The Renewal, For The Third And Final Year, Of The Contract With Rad Graphics Of Nederland, Texas For The Tee - Shirts, Windbreakers, Coveralls And Belts For The Fire Department In The Amount Of $11,034; Funding Available In Account 001 - 1121 - 522.26 -00 (7) P.R. No. 17157 - A Resolution Authorizing The City Manager To Submit An Application For The Texas Parks And Wildlife Department Local Park Outdoor Grant (8) P.R. No. 17159 - A Resolution Authorizing A Payment To N & T Construction Of Beaumont, Texas For Renovations To The Transit Garage And Administration Building Located At 320 Dallas Avenue, In The Amount Of $120,050.31; Funding Available In Account No. 001 - 1003 - 512.59 -00, Project No. M12001 (9) P.R. No. 17163 - A Resolution Awarding A Three Month Extension Of An Existing Contract With Triangle Waste Solutions For The Purpose Of Furnishing Chemical Toilets To Be Placed At Various City Parks And Various Events In An Amount Not To Exceed $4,000; Funding Available In Account No. 001 - 1402 - 551.51 -00 (10) P.R. No. 17162 - A Resolution Authorizing The City Manager To Enter Into A Construction Authorization And Donation Agreement With Port Arthur For Positive Action ( "PAPA ") For A West Side Community Clinic 5 AGENDA JULY 10,2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 17140 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council B. Ordinances (1) P.O. No. 6245 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit 213 (SUP# 213) To Allow For The Operation Of An Adult Daycare Facility In A Two Family District On 0.3095 Acre Of Land Consisting Of Tract 2- A, Block 548, Model Addition, Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1 -8 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. (Z12 -04 - Avina Healthcare Solution, Inc.) 725 9 Avenue SUP # 213 (2) P.O. No. 6246 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit 214 (SUP # 214) To Allow For The Operation Of A Community Event Center In A Planned Development - 14 District On 0.5527 Acre Of Land Consisting Of Tract 1 -A And A Portion Of Lots 3 And 4, Block 1, Alamo Heights Addition, Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1 -8 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. (Z12 -05 - Betty & Harold Garcia) 3648 9 Avenue SUP # 214 (3) P.O. No. 6249 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2011 And Ending September 30,2012 For The Water And Sewer Fund By $450,000 In Order To Fund Operating Costs In The Public Works Department 6 AGENDA JULY 10, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (4) P.O. No. 6250 - An Appropriation Ordinance Amending The General Fund Budget For The Fiscal Year Beginning October 1, 2011 and Ending September 30, 2012 By $120,050 In Order To Fund Payments For The Renovations At The Transit Garage C. Reports And Recommendations (1) Preliminary 2013 Budget Report (2) GIS Project Report (3) Comprehensive Zoning Plan Report (4) To Discuss And Possibly Take Action Regarding The City's Travel Policy VIII. REPORTS OF BOARDS & COMMITTEES - None 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 July 11, 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 ******************************************************* ** * * *** ******** *** ******* ****** 7 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.