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HomeMy WebLinkAboutOCTOBER 2, 2012 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR E+ey FLOYD T. JOHNSON WILLIE "BAE" LEWIS, JR. MAYOR PRO TEM City of _ ` ��� CITY MANAGER COUNCIL MEMBERS: I Q� SHERRI BELLARD RAYMOND SCOTT, JR. — CITY SECRETARY ELIZABETH "LIZ" SEGLER p r t r t h u r MORRIS ALBRIGHT VAL TIZENO HAROLD L. DOUCET, SR. TCxQS CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGEN DA City Council Regular Meeting October 2, 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 October 2, 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, Ill Councilmember Doucet, Sr. Councilmember Williamson Councilmember Freeman Councilmember Thomas City Manager Johnson City Secretary Bellard City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes September 21, 2012 Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Eddie Levy Regarding Neglect Of City To Enforce Neighborhood Ordinances Against Derelict Homes And Neglected Upkeep (2) Teanna Hairston Regarding Lack Of Sidewalks B. Presentations (1) Presentation Of The National Procurement Institute's 2012 Achievement Of Excellence In Procurement Award To The Purchasing Division Of The City Of Port Arthur, Texas AGENDA OCTOBER 2, 2012 III. PETITIONS & COMMUNICATIONS - CONTINUED C. Correspondence - None IV. PUBLIC HEARINGS - 6:00 PM - None 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 A /fa Wasserman, West Caldwell, NJ In The Amount Of $7,000.00 For Annual Maintenance For The Alera Chemistry Analyzer For The Health Department (B) Consideration And Approval Of Payment To Sanofi Pasteur, Chicago, IL In The Amount Of $15,819.00 For Flu Vaccine For The Health Department (C) Consideration And Approval Of Payment To CMM Construction Co. Inc., Houston, TX In The Amount Of $16,321.29 For Hot Mix Asphalt For The Public Works Street Division (D) Consideration And Approval Of Payment To APAC Texas, Inc., Beaumont, TX In The Amount Of $198,655.08 For Road Building Materials For Public Works Streets And Landfill Division (E) Consideration And Approval To Siddons - Martin, Port Arthur, TX In The Amount Of $6,899.26 For Preventive Maintenance On Equipment For The Solid Waste Division 2 AGENDA OCTOBER 2, 2012 VI. CONSENT AGENDA - CONTINUED (F) Consideration And Approval To Mustang CAT, Beaumont, TX In The Amount Of $8,870.13 For Repairs To Equipment For Public Works Landfill Division (G) Expense Reports: City Manager Floyd T. Johnson: Attended National Urban Fellows Board Of Directors Meeting New York City, NY July 25 -30, 2012 $2,417.90 Resolutions - Consent (1) P.R. No. 17098 - A Resolution Authorizing The City Manager To Execute A One (1) Year Extended Warranty And Preventive Maintenance Contract For Defibrillators With Zoll Medical Corporation For The Port Arthur Fire Department In An Amount Not To Exceed $12,605; Funding Available In Account No. 001 -1121- 522.42 -00 (2) P.R. No. 17111 - A Resolution Authorizing The City Manager To Enter Into A Contract With N & T Construction Co., Inc., Of Beaumont, Texas, In An Amount Not To Exceed $453,000 For The Renovation Of The Downtown Pavilion; Funding Available In Account Nos. 120 - 1429 - 582 -59.06 And 001 - 1003 - 512.59.00, Project M12005 (3) P.R. No. 17166 - A Resolution Authorizing The City Manager To Execute A One (1) Year Agreement With MKY Enterprise Of Port Arthur For Computer Support, Server Support, And Email Service In An Amount Not To Exceed $8,400 For The Port Arthur Fire Department; Funding Available From Account No. 001 -1121- 522.54 -00 (4) P.R. No. 17212 - A Resolution Authorizing The Purchase Of One (1) 12 -14 Cubic Yard Tandem Dump Truck From Houston Freightliner /Sterling Of Houston, Texas Through H -GAC In The Amount Of $92,371.00 [Account No 625 -1801- 531.93 -07] 3 AGENDA OCTOBER 2, 2012 VI. CONSENT AGENDA - CONTINUED (5) P.R. No. 17240 - A Resolution Authorizing The City Manager To Execute An Agreement With N &T Construction Of Beaumont, Texas For Renovations Of The Transit Service Building In An Amount Not To Exceed $876,000. Funding Allocated In Account No(s) 401- 1509 - 561.82 -00 (Federal Grant #TX -90 -X859) And 402- 1508- 561.82 -00 (Federal Grant #TX -96 -X040) (6) P.R. No. 17300 - A Resolution Authorizing The City Manager, The Finance Director And The Comptroller To Serve As Signatories For The Texas General Land Office 2008 Supplemental Disaster Relief Fund (Ike Recovery Funds) (7) P.R. No. 17303 - A Resolution Extending The Performance Period Of Port Arthur Neighborhood Action Committee's (PANAC) Community Development Block Grant Contract From August 9, 2012 To February 28, 2013 (8) P.R. No. 17305 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (9) P.R. No. 17306 - A Resolution To Approve The Nurse - Family Partnership Implementation Agreement Between The City Of Port Arthur And Nurse - Family Partnership, A Colorado Non - Profit Corporation, For An Estimated Amount Of $15,973 For FY 2013; $15,493 For FY 2014; And $15,493 For FY 2015 In Addition To Fees For Nurse - Family Partnership Staff Training (10) P.R. No. 17307 - A Resolution Authorizing The City Manager To Accept The Architect's Certificate Of Substantial Completion From The Nelson Collaborative For The Construction Of Two (2) Softball Fields At SSGT Lucian Adams Park 4 AGENDA OCTOBER 2, 2012 VI. CONSENT AGENDA - CONTINUED (11) P.R. No. 17308 - A Resolution To Approve The FY 2012 -2013 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Card Participation In The Amount Of $295,105 (12) P.R. No. 17311 - A Resolution Authorizing A Payment To Dikita Engineering, Inc. In The Amount Of $13,651.20 Account No. 001- 1402- 551.54 -00 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 17203 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Port Arthur Steam Energy LP (2) P.R. No. 17309 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Pleasure Island Commission (Requested By Councilmember Albright) (3) P.R. No. 17310 - A Resolution Eliminating The One Block At A Time Program From The FY 2012 -2013 Budget (Requested By Mayor Pro Tem Lewis) B. Ordinances (1) P.O. No. 6253 - An Ordinance Amending Chapter 38 (Fire Prevention And Protection) Of The Code Of Ordinances Of The City Of Port Arthur In Its Entirety; Section 38 -31 (International Fire Code {IFC }), Article II (Standards), Chapter 38 (Fire Prevention) Of The Code Of Ordinances Of The City Of Port Arthur; Adopting The International Fire Code, 2012 Edition, Published By The International Code Council, Inc.; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars, As Provided In Section 1 -13 Of The Code, Section 5 Of This Ordinance Or As May Be Otherwise Imposed By State Law; Providing A Savings Clause; And Providing For Publication And An Effective Date Immediately After Publication 5 AGENDA OCTOBER 2, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (2) P.O. No. 6271 - An Ordinance Amending Chapter 18 (Buildings), Article III Electrical Code, Division 3 Examination And Registration, Section 18 -135 Classifications; Section 18 -136 Fees; Bond Amounts; Division 6 Standards, Section 18 -221 Adopting The 2011 National Electrical Code Published By The International Electrical Code Series To The Code Of Ordinances Of The City Of Port Arthur; Providing Certain Amendments Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars, As Provided In Section 18 -43 Of The Code Or As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication (3) P.O. No. 6272 - An Ordinance Amending Chapter 18 (Buildings) Article II Building Codes Section 18 -31, Section 18 -32, Section 18- 33 By Adding A Section (B105)(a) And Section 18 -37 Of The Code Of Ordinances Of The City Of Port Arthur, As To Adopt The International Building Code, 2012 Edition Published By The International Code Council, Inc.; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars, As Provided In Section 18 -43 Of The Code Or As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication (4) P.O. No. 6273 - An Ordinance Amending Chapter 18 (Buildings) Article VIII Residential Codes Section 18 -621 Of The Code Of Ordinances Of The City Of Port Arthur, As To Adopt The International Residential Code, 2012 Edition Published By The International Code Council, Inc.; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars, As Provided In Section 18 -43 Of The Code Or As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication 6 AGENDA OCTOBER 2, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (5) P.O. No. 6274 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit 215 (SUP# 215) To Allow For A Horse Stable In A Single Family Residential District On 8.821 Acres Of Land Consisting Of Lot 6, Block 4, Range "B ", Tract 1 And Lot 3, Block 5 Range "B ", Tract 2, Port Arthur Land Company Subdivision, 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 -06 - Manuel & Felipe Cavazos) 7012 Melody Drive Sup # 215 (6) P.O. No. 6275 - An Appropriation Ordinance Amending The Budget For The City Of Port Arthur Section 4A Economic Development Corporation For The Fiscal Year Beginning October 1, 2012 And Ending September 30, 2013 For The Purchase Of A New Truck (7) P.O. No. 6276 - An Ordinance As It Pertains To Salaries And Car Allowances For The Mayor, The Mayor Pro Tem And City Councilmembers By Amending The Mayor's Car Allowance To Be $600 Per Month, Which Equals 1,081 Miles Per Month At The Current IRS Rate Of $0.555; The Mayor Pro Tem's Car Allowance To Be $550 Per Month, Which Equals 990 Miles Per Month At The Current IRS Rate Of $0.555; And Councilmembers Car Allowance To Be $500 Per Month; Which Equals 900 Miles Per Month At The Current IRS Rate Of $0.555; And Thereby Adding The Difference To Their Respective Salaries (Requested By Mayor Pro Tem Lewis) C. Reports And Recommendations (1) Report On City Hall Security (Requested By Mayor Prince) VIII. REPORTS OF BOARDS & COMMITTEES - None AGENDA OCTOBER 2, 2012 • 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 October 3, 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 Reauestina 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 Aaenda 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.