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HomeMy WebLinkAboutOCTOBER 30, 2012 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR FLOYD T. JOHNSON WILLIE "BAE" LEWIS, JR., MAYOR PRO TEM CITY MANAGER 114 ./ COUNCIL MEMBERS: City of = ctn g SHERRI BELLARD RAYMOND SCOTT, JR. ` Al CITY SECRETARY ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, III. -- VALECIA R. TIZENO HAROLD A. DOUCET, SR. V? r t h u r CITY ATTORNEY ROBERT E. "BOB" WILLIAMSON DERRICK FREEMAN Texas KERRY "TWIN" THOMAS AG E N DA City Council Regular Meeting October 30, 2012 5:3o 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. City Council Meeting City Hall Council Chamber City Of Port Arthur October 30, 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 City Manager Johnson City Secretary Bellard City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes October 16, 2012 — Regular Meeting 9 III. PETITIONS & COMMUNICATIONS A. Speakers (1) Tisha Armstead Regarding A Calling Out Ceremony B. Presentations (1) Sertoma Children's Diversity Program Hosted By The Port Arthur Public Library By Port Arthur Librarian Carolyn Thibodeaux And Sertoma Representative Gina Desmarais AGENDA OCTOBER 30, 2012 III. PETITIONS & COMMUNICATIONS - CONTINUED (2) A Presentation By Trinity Industrial Services, LLC C. Correspondence IV. PUBLIC HEARINGS — 6:00 PM To Consider The Creation Of Downtown Tax Increment Reinvestment Zone Number One, City Of Port Arthur, Texas Under Chapter 311 Of The Texas Tax Code V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: 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 Rural Pipe And Supply, Jasper, TX For Unit Prices For Badger Orion Water Meters For The Utility Operations Department (B) Consideration And Approval Of Payment To Aqua- Metric Sales Company, Riverside, CA For Unit Prices For Sensus Water Meters For The Utility Operations Department (C) Consideration And Approval Of Payment To J & M Industries, Inc., Ponchatoula, LA In The Amount Of $10,500 For Landfill Tarps To Use For Alternate Daily Cover For the Public Works Department 2 AGENDA OCTOBER 30, 2012 VI. CONSENT AGENDA - CONTINUED (D) Consideration And Approval Of Payment To Total Recreation Products, Inc., Cypress, TX For In The Amount Of $28,086.11 For An Outdoor Classroom Shelter For SSGT. Lucian Adams Park (E) Consideration And Approval Of Payment To Action Restoration, Port Arthur, TX In The Amount Of $5,992.07 For Repairs At 6362 Silver Avenue For The Utility Operations Wastewater Conveyance Division (F) Consideration And Approval Of Payment To Widgeon Construction, Inc., Orange, 7X In The Amount Of $15,676 For Guard Rail Installation For The Public Works Department (G) Consideration And Approval Of Payment To Toter Inc., Statesville, NC In The Amount Of $25,002 Through TXSmartbuy Contract No. 450 -82 For Residential Toters And Additional Parts (H) Consideration And Approval Of Payment To CMM Construction Company Inc., Beaumont, 7X In The Amount Of $8,013.34 For Placement Of Hot Mix Asphalt For The Public Works Department (I) Consideration And Approval Of Payment To Siddons - Martin Emergency Group, Port Arthur, 7X In The Amount Of $9,774.95 For Preventive Maintenance in the Public Works Solid Waste Division (J) Consideration And Approval Of Payment To Horiba Medical, In., Irvine, CA In The Amount Of $6,620 For The Annual Maintenance Agreement For The Pentra 80 XL Hematology Machine (K) Expense Reports City Secretary Sherri Bellard: Attend TMCCP Graduate Institute Seminar In San Marcos, TX October 16 — 20, 2012 $1,676.06 3 AGENDA OCTOBER 30, 2012 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P.R. No. 17271 — A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $15,200, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group D), To Be Charged To Account No. 105 -1431- f 552.59 -00 Project No. C36120 (2) P.R. No. 17272 — A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $15,700, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group E), To Be Charged To Account No. 105 -1431- 552.59 -00 Project No. C36120 (3) P.R. No. 17280 — A Resolution Authorizing The City Manager To Enter Into A Contract With Goodyear Tire & Rubber Company Of Allen, Texas, For The Purchase Of Goodyear Metro Miler 305/70R22.5 Tires For The Transit Department, In An Amount Not To Exceed $25,000. Funding Available In The Transit Inventory/Stores Account Number: 401 - 1502 - 561.43 -00 (4) P.R. No. 17304 — A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And The Nelson Collaborative For Design Of Additional Fire Safety Equipment, Increasing The Contract Amount By $14,415.31 To A New Total Of $86,415.31; Funded From Federal Transit Administration Allocated Funds — ARRA TX90 -X040 4 AGENDA OCTOBER 30, 2012 VI. CONSENT AGENDA - CONTINUED (5) P.R. No. 17337 — A Resolution Authorizing The City Manager To Execute The First Year Of A Contract With J. M. Kaufman Of Port Arthur, Texas For The Hauling Of Materials With The Option Of Renewal For Two Additional Years With Prices Being Adjusted According To The Consumer Price Index "Transportation ". Contract Is Not To Exceed $50,000 Per Year. Funding Is Available In Various Departmental Accounts (6) P.R. No. 17340 — A Resolution Authorizing The Execution Of Amendment No. 1 To The Contract Between The City Of Port Arthur And Tender Loving Care Center For Children, D /B /A Legacy Community Development Corporation For The Allocation Of Additional Funding In The Amount Of $265,000 To Purchase, Rehabilitate And Sell Three (3) Additional Homes To Low And Moderate Income Persons /Families, Operating Expenses And Extending The Contract Expiration Date For A Six (6) Month Period From June 20, 2013 To December 20, 2013 (7) P.R. No 17341 — A Resolution Authorizing A One (1) Year Renewal Of The Contract Between The City Of Port Arthur And Leads Online Of Dallas, Texas, A Web Based System Designed To Assist Law Enforcement In Solving Crimes, In The Annual Amount Of $6,688 (Funds Available In Account No. 001 - 1101 - 521.54 -00 (8) P.R. No. 17342 — A Resolution Authorizing The Execution Of Service Contract With Scantron Robotics, USA Inc., Of Gibsonia, PA, In The Not To Exceed Amount Of $25,000. Funds Are Available In Account No. 410 -1252- 532.92 -00 (9) P.R. No. 17343 — A Resolution Authorizing The Purchase Of Mini Excavators For The Utility Operations Department From Waukesha- Pearce Industries Inc. (Thru Buyboard), Of Port Arthur, Texas, In The Total Amount Of $136,120.62 Funds Are Available In Account Nos. 625 - 1801 - 532.93 -03 ($70,006.14) And 625 - 1801- 532.93 -03 ($70,006.14) AND 625 - 1801 - 532.93 -05 ($66,114.48) (10) P.R. No 17344 — A Resolution Congratulating the Texas Recreation and Park Society (TRAPS) On Its 75 Birthday 5 AGENDA OCTOBER 30, 2012 VI. CONSENT AGENDA - CONTINUED (11) P.R. No. 17346 — A Resolution Authorizing The Purchase Of Two (2) Tablet Computers For The Fire Marshal's Office From Complete Tablet Solutions Of Austin, Texas In The Amount Of $6,883.98; Funds Are Budgeted In Account Number 001 - 1121 - 522.92 -00 For This Purchase (12) P.R. No. 17348 — A Resolution Authorizing The Purchase Of 2013 Chevrolet Tahoe From Caldwell Country Chevrolet Of Caldwell, Texas, Via Buyboard, For The Fire Department In The Amount Of $34,837; Funding Available In Account Number 625- 1801 - 522.93- 00 (13) P.R. No. 17350 — A Resolution To Approve A Contract Between The City Of Port Arthur And The Department Of State Health Services For Funds In The Amount Of $5,000 For Tuberculosis Prevention And Control (14) P.R. No. 17351 — A Resolution Rescinding Resolution 12 -503 And Authorizing The Purchase Of One (1) Vactor Vacuum Truck From Freightliner Of Austin Through Buyboard In An Amount Not To Exceed $249,904. Account 625 -1801- 531.93 -04 (15) P.R. No. 17352 — A Resolution Authorizing The City Manager To Execute The Emergency Notification System Interlocal Agreement With The South East Texas Regional Planning Commission (SETRPC) To Enhance The City's Existing Communication Capabilities By The Continued Utilization Of Blackboard Connect In An Amount Not To Exceed $6,952.60; Funding Available In Account No. 001 - 1101- 521.72 -00 (16) P.R. No. 17354 — A Resolution Approving Change Order No. 1 To The Contract With Lark Group, Inc. (Group C) For Demolition Of A Garage Apartment Located At 2808 Rev. Ransom Howard Street, Increasing The Contract Amount By $2,500 To A New Total Of $21,400; Account No. 105 - 1431 - 552.59 -00, Project No. C36120 (17) P.R. No. 17355 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts 6 AGENDA OCTOBER 30, 2012 VI. CONSENT AGENDA - CONTINUED (18) P.R. No. 17356 — A Resolution Authorizing The City Manager To Execute Proposed Change Order #2 To The Performance Contracting Agreement Between The City Of Port Arthur And Siemens Industry, Inc., Building Technologies Division For Infrastructure Improvements And Efficiency Upgrades, Revising The Scope Of Services And Increasing The Contract Amount By $7,560 To A New Total Of $3,206,376. EPC 101, 302- 1602 - 591.54- 00 (19) P.R. No. 17357 — A Resolution Authorizing A Contract Between The City Of Port Arthur And Knost Electric, Inc. Of Beaumont, Texas For Electrical Renovations To The Office Area Of The Armory Building Located At 3451 57 Street In The Not To Exceed Amount Of $33,587. Account 306 -1606- 591.59 -00 (20) P.R. No. 17358 — A Resolution Authorizing The City Manager To Execute The First Year Of A Contract With Redwine Enterprises, Inc., Of Port Arthur, Texas For The Providing Of Soil Materials With The Option Of Renewal For Two Additional Years With Prices Being • Adjusted According To The Consumer Price Index Category "Transportation ". Contract Is Not To Exceed $750,000 Per Year. Funding Is Available In Account No. 403 -1274- 533.59 -02 And Other Departmental Accounts (21) P.R. No. 17359 — A Resolution Calling For A Public Hearing To Consider A Zoning Amendment For Planned Development District — 26 For A 96.21 Acre Tract Consisting Of Part Of Lots 1, 2, 7 And 8, Block 4, Range "B" And Lots 1 And 2, Block 5, Range "B ", Port Arthur Land Company Subdivision (Property Located North Of Highway 87/73 And On The Westside Of Highway 366), City Of Port Arthur, Jefferson County, Texas — Z12 -00 — TOTAL (22) P.R. No. 17360 — A Resolution Authorizing A Two (2) Year Renewal Of The Contract Between The City Of Port Arthur And MCCAdvantage For The Purpose Of Processing And Mailing Water Billing Statements In An Amount Not To Exceed $28,000 Per Year; Funding Available In Account No. 001 - 1035 - 515.21 -00 AGENDA OCTOBER 30, 2012 VI. CONSENT AGENDA - CONTINUED (23) P.R. No. 17363 — A Resolution Awarding A Contract For The Construction Of A Parking Lot At SSGT. Lucian Adams Park To Byrdson Service D /B /A/ Excello Construction Of Beaumont, Texas In An Amount Not To Exceed $12,556. Funding: EDC Proposition Funds, Acct. No. 303 - 1603 - 591.89 CIP718 (24) P.R. No. 17365 — A Resolution Authorizing The City Of Port Arthur To Pay The Labiche Architectural Group, Inc. For Additional Services Provided To The Downtown Renaissance District Board In The Amount Of $6,835.29 (25) P.R. No. 17366 — A Resolution Approving The FY 2012 -2013 Contract Between The City Of Port Arthur And The Department Of State Health Services For Title V Child Health Fee For Services In The Amount Of $5,000 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions P.R. No. 17361 — A Resolution Approving A Twelve (12) Month Professional Services Agreement With John Hall Public Affairs For The Continued Work On The City's Environmental Justice Plan And Other Relate Environmental And Housing Projects In The Amount Not To Exceed $72,000 Plus Actual Travel Expenses Not To Exceed $24,000; Funding Available In Account No. 001 - 1003 - 512.59 -00 B. Ordinances — None C. Reports and Recommendations (1) Report On Creation Of Quiet Zones Throughout The City (Requested By Councilmember Thomas) (2) Report On Security System For City Hall (3) Discussion And Possible Action Regarding The Enforcement Of Roberts Rules Of Order (Requested By Councilmember Doucet) 8 AGENDA OCTOBER 30, 2012 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 October 31, 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 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 9 RULES F 4 ECORUM m PE ':SONS AD vRESSING COUNCIL :f A .UErIENCE ° "EriBERS 1. Recognition by Presiding Officer No person shall address the Council without first being recognized by 1 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 gave 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 granted majority of by m the represents an organization or other person, and unless further time a 's gra y ,D ty vote o 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. 1 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.