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HomeMy WebLinkAboutJANUARY 22, 2013 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR F_ � " FLOYD T. JOHNSON WILLIE "BAE" LEWIS, JR. MAYOR PRO TEM City o car, CITY MANAGER COUNCIL MEMBERS: . i ��'�� 4.) SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER U /• t /" t h 1 MORRIS ALBRIGHT VAL TIZENO HAROLD L. DOUCET, SR. 7� , CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AG E N DA City Council Regular Meeting January 22, 2013 8:3o a.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 January 22, 2013 8:30AM 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 1 Proclamations Minutes December 18, 2012 Special Meeting (5:00 P.M.) December 18, 2012 Special Meeting (6:00 P.M.) December 18, 2012 Regular Meeting January 8, 2013 Special Executive Meeting III. PETITIONS & COMMUNICATIONS A. Speakers AGENDA JANUARY 22, 2013 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations Presentation Of The Government Finance Officers Association Of The United States And Canada (GFOA) Certificate For Excellence In Financial Reporting To The Finance Department Of The City Of Port Arthur For The Comprehensive Annual Financial Report (CAFR) For The Year Ended September 30, 2011 C. Correspondence IV. PUBLIC HEARINGS - 9:00 a.m. For The Purpose Of Receiving Public Comments On The Proposed Annexation Of The Property Located At 13151 West Port Arthur Road V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: Resolution P.R. No. 17393 - A Resolution Authorizing The City Manager To Enter Into A Memorandum Of Understanding Between The City Of Port Arthur And The United Way Of Mid & South Jefferson County For The Management Of The Westside Development Center 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 JANUARY 22, 2013 VI. CONSENT AGENDA - CONTINUED (A) Consideration And Approval Of Payment To Spectrum Scoreboards, Houston, TX In The Amount Of $11,806 For The Purchase Of A Scoreboard For Martin Field Resolutions - Consent (1) P.R. No. 17447 - A Resolution Authorizing A One (1) Year Contract Between The City Of Port Arthur And Carroll & Blackman, Inc. For The Management Of The Industrial Storm Water Pollution Prevention Plan For The City Of Port Arthur Transit Facilities In The Amount Of $4,500. The Transit Operating Grant Account Number For The Service Is 401 -1504- 561.54 -00 (2) P.R. No. 17452 - A Resolution Authorizing A Payment To DDS Corporation Of Southfield, Michigan, For The Annual License Renewal Fee For Maintenance, Updates And Software Support On The Police /Fire Dispatch Center Voice Recorder In The Amount Of $14,708.93; Funding Available In Account No. 001 - 1101 - 521.42 -00 (3) P.R. No. 17455 - A Resolution Approving A One Year Contract With John Hall Public Affairs As Required By Resolution No. 12 -618, In An Amount Not To Exceed $114,000 Annually, Account No. 001- 003- 512.59 -00 M11102 (4) P.R. No. 17460 - A Resolution Awarding A Contract To Scraps & Metals Demo In The Amount Of $14,971.20 And Authorizing The Execution Of A Contract 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 (5) P.R. No. 17461 - A Resolution Awarding A Contract To Scraps & Metals Demo In The Amount Of $17,775 And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group D), To Be Charged To Account No. 105 - 1431 - 552.59 -00 Project No. C36120 3 AGENDA JANUARY 22, 2013 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 17464 - A Resolution Awarding A Contract To Scraps & Metals Demo In The Amount Of $18,205.60 And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group B -t), To Be Charged To Account No. 105 - 1431 - 552.59 -00 Project No. C36120 (7) P.R. No. 17465 - A Resolution Awarding A Contract To Scraps & Metals Demo In The Amount Of $18,372.80 And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group C -t), To Be Charged To Account No. 105 - 1431 - 552.59 -00 Project No. C36120 (8) P.R. No. 17472 - A Resolution Authorizing The City Manager To Reject The Bids For Asbestos Abatement/Demolition Of Five (5) Dangerous Commercial Structures, And Authorizing The Solicitation Of New Bids, To Be Charged To Account No. 105 -1431- 552.59 -00 Project No. C36120 (9) P.R. No. 17474 - A Resolution Authorizing The Purchase Of A '/2 Ton Pickup Truck For The Solid Waste Division From Philpott Motors Of Nederland, Texas In The Amount Of $16,109, Account 625 -1801- 533.93 -00 (10) P.R. No. 17476 - A Resolution Authorizing The City Manager To Enter Into A Contract With Petroleum Traders Corporation Of Fort Wayne, Indiana For The Purchase Of Ultra Low Sulfur Diesel Fuel In An Amount Not To Exceed $300,000; Funding Is Available In Transit Account Numbers: 401 - 1501 - 561.24 -00 And 401 -1506- 561.24 -00 (11) P.R. No. 17481 - A Resolution Authorizing Payments To The City Of Beaumont For Weekend Landfill Use In The Not To Exceed Amount Of $50,000 Per Year. Account No. 403 - 1273 - 533.59 -00 (12) P.R. No. 17482 - A Resolution Authorizing The Fire Chief To Purchase A New Bomb Dog From Global Training Academy Of Somerset, Texas In The Amount Of $9,800; Funding Available In Account No. 001 - 1121 - 522.92 -00 4 AGENDA JANUARY 22, 2013 VI. CONSENT AGENDA - CONTINUED (13) P.R. No. 17483 - A Resolution Authorizing The Payment For Emergency Repair Of Fire Department Vehicle Engine 3 (1485) To Siddons -Martin Emergency Group Of Port Arthur, Texas In The Amount Of $5,998.12; Funding Available In Account Number 001- 1121- 522.43 -00 (14) P.R. No. 17484 - A Resolution Approving An Extension Of The Grant To Donell Lavalais For Construction Of Exterior Renovation To The Property Located At 440 6 Street Under The Operation Downtown Site Improvement Grant Program (15) P.R. No. 17485 - A Resolution Approving An Extension Of The Grant To Kilgore Construction, L.L.C. For Completion Of Exterior Renovation To The Property Located At 1347 Procter Street Under The Operation Downtown Site Improvement Grant Program (16) P.R. No. 17487 - A Resolution Of The City Of Port Arthur, Texas, Designating A Primary Bank Depository And Authorizing The City Manager To Sign And Execute A Bank Depository Services Agreement With Capital One Bank, N.A. And To Authorize The Director Of Finance And City Secretary To Execute All Documents Necessary To Implement The Contract To Be Effective April 1, 2013 (17) P.R. No. 17488 - A Resolution Authorizing The City Manager To Execute The First Year Of A Three -Year Renewable Contract Between The City Of Port Arthur And Triangle Waste Solutions Of Port Arthur, Texas For Leachate Hauling At The City Landfill For A Fee Of $52.00 Per Hour For The Not To Exceed Amount Of $100,000 For This Year, With The Subsequent Two Year Rate Adjusted According To The Consumer Price Index Category "Transportation ". Account No. 403 - 1274- 533.51 -01 (18) P.R. No. 17490 - A Resolution Authorizing The City Manager To Execute An Amended Interlocal Cooperation Contract Between The City Of Port Arthur And The Texas Department Of Public Safety (TDPS) As It Pertains To The Failure To Appear Program (19) P.R. No. 17491 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts 5 AGENDA JANUARY 22, 2013 VI. CONSENT AGENDA - CONTINUED (20) P.R. No. 17492 - A Resolution Awarding A One (1) Year Contract To C. Johnnie On The Spot Of Nederland, Texas For The Rental Of Regular, Wheelchair Accessible And ADA Accessible Portable Chemical Toilets On A Daily Basis For The Parks And Recreation Department In An Amount Not To Exceed $40,000 (Account No. 001 - 1402- 551.51 -00 (21) P.R. No. 17493 - A Resolution Awarding A One (1) Year Contract To Triangle Waste Solutions, LP Of Port Arthur, Texas For The Rental Of Portable Toilet With Hand Washing Stations On A Monthly Basis For The Parks And Recreation Department In An Amount Not To Exceed $10,000 Annually (Account No. 001 -1402- 551.51 -00) (22) P.R. No. 17494 - A Resolution Amending The Terms Of A Contract With Muniservices, LLP For Local Hotel Occupancy Tax And Hospitality Consulting Program Services Replacing The Agreement With Consultants Local Occupancy Tax Program Audit And Administration Services Not To Exceed $10,000. Account No. 140- 1405- 551.59 -00; M1004 (23) P.R. No. 17495 - A Resolution Rescinding In Its Entirety Resolution No. 12 -124 Which Authorized A Contract Between The City Of Port Arthur And GMC Consultants, LLC, Houston, Texas, For Services And Technical Assistance For Prequalifying Low - Income Households For Hurricane Ike Recovery Round 2.2 Program (24) P.R. No. 17496 -A Resolution Authorizing The Amendment Of The Contract Between The City Of Port Arthur And Star Graphics Of Beaumont, Texas, For Copier Lease And Maintenance; Funding Available In Account No. 001- 1101 - 521.51 -00 (25) P.R. No. 17497 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Arceneaux & Gates Consulting Engineers, Inc. For Professional Services Not To Exceed $48,700 Related To The Preparation Of Project Information Forms For The Texas Water Development Board 2014 Intended Use Plan. Account No. 410 - 1251 - 532.54 -00 6 AGENDA JANUARY 22, 2013 VI. CONSENT AGENDA - CONTINUED (26) P.R. No. 17500 - A Resolution Authorizing The Purchase And Installation Of A Raw Water Pump Variable Frequency Drive For The Utility Operations Department From Control Concepts, Inc.: Houston In The Total Amount Of $5,744. Funds Are Available In EDC Account No. 410 -1252- 532.42 -00 (27) P.R. No. 17501 - A Resolution Authorizing The Purchase Of A Sludge Pump For The Utility Operations Department From Hartwell Environmental Corporation, Of Tomball, Texas, In The Total Amount Of $12,973.75. Funds Are Available In Account No. 410- 1256- 532.92 -00 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 17489 - A Resolution Approving The 2013 City Streets Program In The City Of Port Arthur, With Funding To Be Available In Accounts 001 - 1203 - 531.86 -00 And 001 - 1203 - 531.86 -00 (2) P.R. No. 17503 - A Resolution Acknowledging The Receipt Of A Petition And The Certification Of The City Secretary Pursuant To Article IV Of The Charter Of The City Of Port Arthur B. Ordinances (1) P.O. No. 6291 - An Ordinance Of The City Council Of The City Of Port Arthur Disannexing The Property Located At 7706 Highway 87, Bridge City, Orange County, Texas; Providing For The Following: Findings Of Fact, Effective Date, Filing, Severability, And Property Notice & Meeting (Said Ordinance Requires Two Readings) (2) P.O. No. 6292 - An Ordinance Of The City Council Of Port Arthur, Texas, Authorizing Participation With Other Entergy Service Area Cities In Matters Concerning Entergy Texas, Inc. At The Public Utility Commission Of Texas And The Federal Energy Regulatory Commission In 2013 AGENDA JANUARY 22, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (3) P.O. No. 6294 - An 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 Rehabilitation Plan And Cost Estimate For The Renovation Of The Building Located At 501 Procter Street In Downtown Port Arthur C. Reports And Recommendations (1) City Manager's Task Force Report (2) EDC Request For Economic Legislative Changes (3) Report On Status Of Downtown Pavilion And Relocation Of EDC (Requested By Councilmember Thomas) VIII. REPORTS OF BOARDS & COMMITTEES - None IX. *CLOSED MEETING (EXECUTIVE SESSION) 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 8 AGENDA JANUARY 22, 2013 IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED Closed Meeting: (1) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (B &B Ice, And Gulf Coast Warehousing [EDC Projects]) (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation With Entergy *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 January 23, 2013. 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 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.