Loading...
HomeMy WebLinkAboutNOVEMBER 27, 2012 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR ni -^ FLOYD T. JOHNSON WILLIE "BAE" LEWIS, JR. MAYOR PRO TEM City of cu, \ CITY MANAGER COUNCIL MEMBERS: 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 AGENDA City Council Regular Meeting November 27, 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 a City Council Meeting City Hall Council Chamber City Of Port Arthur November 27, 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 III. PETITIONS & COMMUNICATIONS A. Speakers (1) Teanna Hairston Regarding Lack Of Sidewalks B. Presentations - None C. Correspondence AGENDA NOVEMBER 27, 2012 IV. PUBLIC HEARINGS — 6:00 PM (1) To Consider Amending PD -26 Providing An Extension Of Time Be Provided For Ten (10) Additional Years For The Land To Be Used As A Lay -Down Yard And To Include The Temporary Use Of Manufactured Office Buildings And Establish Restrictions Against Permanently Welding And Machine Shop Activities; Thereby Establishing A New Expiration Date Of January 29, 2023, Located North Of Highway 87/73 And On The West Side Of Highway 366 (2) To Consider Whether Or Not To Grant The Applicant The Abandonment Of The Unimproved Portion Of South Fourth Avenue, Sabine Pass, Texas (Located Between Greenwhich And Broadway Streets) (3) To Consider Whether Or Not To Grant The Applicant The Abandonment Of The Unimproved Portion Of South Fifth Avenue, Sabine Pass, Texas (Located Between Greenwhich And Broadway Streets) V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: P.R. No. 17345 — A Resolution Providing An Update To The City Of Port Arthur Parks, Recreation, And Open Space Master Plan 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 In The Amount Of $7,226.00 For The City's Share Of The 2013 Greater Port Arthur Chamber Of Commerce Community Calendars 2 AGENDA NOVEMBER 27, 2012 VI. CONSENT AGENDA — CONTINUED Resolutions - Consent (1) P.R. No. 17214 — A Resolution Authorizing The City Manager To Execute Agreements With Five (5) Homeowners For Participation In The City Of Port Arthur's Owner Occupied Housing Assistance Rehabilitation And Reconstruction Program (2) P.R. No. 17283 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Amend The On- The -Job Training Agreement With Brock Services, Ltd. (3) P.R. No. 17288 — A Resolution Authorizing Revisions To The City's Owner Occupied Housing Assistance Rehabilitation And Reconstruction Program Guidelines (4) P.R. No. 17295 — A Resolution Approving An Update To The Form Of The Written Agreement To Be Used For The City Of Port Arthur's Homebuyer's Assistance Program (5) P.R. No. 17347 — A Resolution Approving Permit No. 171 For Drilling An Oil And Gas Well By Tri -C Resources, LLC (6) P.R. No. 17375 — A Resolution Terminating A Contract With Destruction Construction, Inc. In The Amount Of $13,000, And Authorizing The Rebidding Of The Demolition Of Two (2) Structures And The Maintenance On Two (2) Properties (Group A), To Be Charged To Account No. 105- 1431- 552.59 -00 Project No. C36120 (7) P.R. No. 17379 — A Resolution Terminating The Contract Between The City Of Port Arthur And Four Sisters Petroleum, LLC, Of Austin, Texas, And Authorizing The Re -Bid For The Purchase Of Ultra Low Sulfur Diesel Fuel For The Transit Department; Funding Available In Account Nos. 401- 1502- 561.24 -00 And 401 - 1506 - 561.24 -00 (8) P.R. No. 17381 — A Resolution Rescinding Resolution No. 12 -444, Which Awarded A Contract To Destruction Construction, Inc., And Re -Award And Authorize The Execution Of A Contract To Lark Group, Inc., In The Amount Of $18,300 For The Demolition Of Six (6) Dangerous Residential Properties (Group B), To Be Charged To Account No. 105 - 1431 - 552.59 -00 Project No. C36120 3 AGENDA NOVEMBER 27, 2012 VI. CONSENT AGENDA - CONTINUED (9) P.R. No. 17382 —. A Resolution Rescinding Resolution No. 12 -445, Which Awarded A Contract To Destruction Construction, Inc., And Re -Award And Authorize The Execution Of A Contract To Lark Group, Inc., In The Amount Of $18,500 For The Demolition Of Six (6) Dangerous Residential Properties (Group C), To Be Charged To Account No. 105 - 1431 - 552.59 -00 Project No C36120 (10) P.R. No. 17383 — A Resolution Authorizing The One (1) Year Renewal Of The Contract Between The City Of Port Arthur And Southeast Texas Lawn & Maintenance Of Beaumont, Texas For Grass Cutting Services At The Civic Center Department Buildings In An Amount Not To Exceed $11,120; Funding Available In Account No. 001 - 1061 - 518.31 -00 (11) P.R. No. 17385 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (12) P.R. No. 17386 — A Resolution Authorizing The Video Taping Of The Charter Change Committee Meetings (Requested By Councilmember Williamson) (13) P.R. No. 17387 — A Resolution Authorizing The Purchase Of Various Sanitary Sewer Pumps For The Utility Operations Department From Pump & Power Equipment, Of Houston, Texas, In The Total Amount Of $58,017. Funds Are Available In Account No. 410 - 1255 - 532.92 -00 And 410 - 1256 - 532.92 -00 (14) P.R. No. 17388 — A Resolution To Approve An Increase In The Existing Blanket Order By $45,000 For Southeast Texas Lawn And Maintenance Of Beaumont, TX For Grass Cutting Services Of Privately -Owned And City - Owned Vacant And Developed Lots In An Area Of The City Designated As Area D -1, To Be Charged To Account No. 001 - 1304 - 541.59 -00 (15) P.R. No. 17389 — A Resolution Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And Double W Service, L.L.C. Of Meridian, Texas For Repairing /Refurbishing Refuse Containers On A Unit Cost Basis, For A Not To Exceed Amount Of $50,000. Account No. 403 -1273- 533.59 -00 4 AGENDA NOVEMBER 27, 2012 VI. CONSENT AGENDA - CONTINUED (16) P.R. No. 17390 — A Resolution Authorizing The City Manager To Enter Into A Five (5) Year Lease Agreement Through Buyboard With Star Graphics Of Beaumont, Texas, In An Amount Not To Exceed $11,569.68 Annually; Funding Available In Account No. 001 - 1101 - 521.51 -00 (17) P.R. No. 17392 — A Resolution Authorizing The Purchase Of A Sanitary Sewer Pump For The Utility Operations Department From Pump & Power Equipment, Of Houston, Texas, In The Total Amount Of $6,950 + Freight. Funds Are Available In EDC Account No. 120 - 1429 - 582.59 -02 (18) P.R. No. 17395 — A Resolution Authorizing The Emergency Repair Of Fire Department Vehicle Ladder 1 (1590) To Siddons -Martin Emergency Group Of Port Arthur, Texas In The Amount Of $11,051.81; Funding Available In Account Number 001 - 1121 - 522.43 -00 (19) P.R. No. 17396 — A Resolution Authorizing An Inter - Governmental Agreement Between The City Of Port Arthur And Jefferson County, Texas, For The Port Security Grant Program (PSGP); Funds Available In Account No. 001 - 1121 - 522.42 -00 (20) P.R. No. 17398 — A Resolution Authorizing The City Manager To Execute Memoranda Of Understanding With The Texas A &M Forest Service To Provide Emergency Response Personnel To Serve And Respond As Members Of The State Of Texas Regional Incident Management Team Program (21) P.R. No. 17399 — A Resolution Increasing The Authorization For The Contract With Southern Tire Mart For Tires And Tubes By $150,000, For A New Total Of $390,000. To Be Charged To Various Departmental Accounts (22) P.R. No. 17400 — A Resolution Authorizing The Contract Between The City Of Port Arthur And Nelson Collaborative For Engineering Design Of The Transit Department's Auto - Scrubber Facility In An Amount Not To Exceed $62,500 (Project Nos. TX96 -X040, TX96 -X042, TX90 -X2013 5 AGENDA NOVEMBER 27, 2012 VI. CONSENT AGENDA - CONTINUED (23) P.R. No. 17402 — A Resolution Authorizing The City Manager To Enter Into A Contract With Brown Reynolds Watford Architects, Inc., Of College Station, Texas, To Perform Design And Related Professional Services For A New Administrative Building For The Port Arthur Transit Department In The Not To Exceed Amount Of $114,800. This Project Shall Be Funded From Grant TX96 -042 Funds That Are Federal Transit Administration Allocated Funds Under Account 402 - 1508 - 561 -82.00 And General Funds In 2013 Grant (24) P.R. No. 17403 — A Resolution Nominating TOTAL Petrochemicals & Refining USA, Inc. To The Office Of The Governor Economic Development And Tourism (OOGEDT) Through The Economic Development Bank For Designation As A Qualified Business And Triple Jumbo Enterprise Project Under The Texas Enterprise Zone Program Under The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (25) P.R. No. 17404 — A Resolution Authorizing Revisions To The City's Housing Assistance Program Guidelines For Homebuyer Activities (26) P.R. No. 17405 — A Resolution Authorizing The City Manager To Accept The FY 2012 Emergency Management Performance Grant In The Amount Of $35,291.36 (27) P.R. No. 17407 — A Resolution Authorizing The City Manager To Execute The First Year Of A Contract In An Amount Not To Exceed $75,000 Between The City Of Port Arthur And Superior Grouting Services, Inc. Of Houston, Texas For Raising And Rehabilitation Of Existing Concrete Slabs On A Unit Cost Basis For Various City Funded And CDBG Grant Funded Street Projects With The Option Of Renewal For One Additional Year; Accounts 001 - 1203 - 531.36/86 And CDBG Street Project Accounts (28) P.R. No. 17408 — A Resolution Authorizing The Renewal (2 " Year) Of The Contract Between The City Of Port Arthur And Spidle & Spidle, Inc. Of Port Arthur, Texas For Dyed, Off -Road Diesel For A Not To Exceed Amount of $190,000 For The Year. Account No. 403 - 1274 - 533.24 -00 (29) P.R. No. 17409 — A Resolution Authorizing The City Manager To Execute The First Year Of A Contract For An Amount Bot To Exceed $50,000 With Martin Asphalt Company Of Houston, Texas With The Option Of Renewal For Two Additional Years For The Purchase Of Asphalt, Oil, & Emulsions. Account No. 001 - 1203 - 531.86 -00, 001 - 1203 - 531.36 -00, And CDBG Project Accounts 6 AGENDA NOVEMBER 27, 2012 VI. CONSENT AGENDA - CONTINUED (30) P.R. No. 17410 — A Resolution Authorizing The City Manager To Execute The First Year Of A Contract With HD Supply White Cap Construction Supply Of Beaumont, Texas With The Option Of Renewal For Two Additional Years For The Purchase Of Concrete Building Materials For A Not To Exceed Amount Of $50,000. Account No. 001 - 1203 - 531.86 -00, 001 - 1203 - 531.36 -00, And CDBG Project Accounts (31) P.R. No. 17411— A Resolution Authorizing The Execution Of An Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The City Of Port Arthur As It Pertains To Administrative Charges For The Fiscal Year October 1, 2012 Through September 30, 2013 (32) P.R. No. 17412 — A Resolution Authorizing The City Manager To Enter Into A Contract With Intex Flooring Of Houston, Texas, For Demolition And Installation Of Flooring In The Lobby Of The Robert A. "Bob" Bowers Civic Center In The Amount Of $51,575; Funding Available In Account No. 001- 1061- 518.32 -00 (33) P.R. No. 17413 — 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) (34) P.R. No. 17414 — A Resolution Authorizing The Renewal Of The Licenses And Maintenance Agreement With ESRI, Inc. Of Redlands, California For The Arclnfo GIS Software In The Amount Of $11,400. Account No. 001- 1202- 531.59 -00 (35) P.R. No. 17418 — A Resolution Authorizing The Commencement Of A Public Hearing Process In Order To Ascertain Public Comment Regarding The Annexation Of Property Located At 13151 West Port Arthur Road VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 17349 — A Resolution Authorizing The Collection Of Funds And Equipment Owned By The City Of Port Arthur (Requested By Councilmember Williamson) 7 AGENDA NOVEMBER 27, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT - CONTINUED (2) P.R. No 17419 — A Resolution Approving A Professional Services Agreement With John Hall Public Affairs For The Continued Work On The City's Environmental Justice Plan And Other Related Environmental And Housing Projects B. Ordinances (1) P.O. No. 6284 — An Ordinance Authorizing The Retirement Of The Canine Explosive Detection Dog "TIESKE" And Transferring To The Personal Care Of Gaston Mark Sastre (2) P.O. No. 6285 — An Ordinance Revising The School Zone Along 9th Avenue For S /SGT Lucian Adams Elementary School, Raising The Speed Limit To 35 MPH, Providing For An Effective Date, And For Publication C. Reports and Recommendations (1) Report On Port Arthur Public Library Daily Operations And Room Rental Policy (Requested By Councilmember Thomas) 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 November 28, 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 Reauestinq 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.