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HomeMy WebLinkAboutFEBRUARY 19, 2013 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR n l FLOYD T. JOHNSON WILLIE "BAE" LEWIS, JR. MAYOR PRO TEM City of G :n CITY MANAGER COUNCIL MEMBERS: N l4} SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT • VAL TIZENO HAROLD L. DOUCET, SR. TBXQS CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGEN DA CityCouncil Regular Meeting February 19, 2013 8:30 a.m. 1 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 February 19, 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 Proclamations Minutes February 5, 2013 Special Executive Meeting III. PETITIONS & COMMUNICATIONS A. Speakers - None AGENDA FEBRUARY 19, 2013 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations (1) Presentation By The Youth Advisory Council (2) Presentation By The United States Coast Guard Regarding A Proposal For The City Of Port Arthur To Become Port Arthur Coast Guard City, U.S.A. C. Employee Recognition Fire Captain Troy Irvin D. Correspondence Discussion And Take Possible Action Regarding Acceptance Of Minutes And Recommendations Of The Tax Increment Revenue Zone Board IV. PUBLIC HEARINGS - 9:00 a.m. To Consider Granting A Specific Use Permit For Betty And Harold Garcia For The Operation Of A Community Event Center On 0.5527 Acre Of Land Consisting Of Tract 1 -A And A Portion Of Lots 3 And 4, Block 1, Alamo Heights Addition (A.K.A. 3648 39 Street), Port Arthur, Jefferson County, Texas V. RECEPTION VI. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: None 2 AGENDA FEBRUARY 19, 2013 VII. 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 J. Brandt Company, Ltd. Fort Worth, orth TX In The Amount Of 10 969.65 For The he Purchase Of The Employee 2012 Service Awards (B) Consideration And Approval Of Payment To AMF Materials & Transport, Groves, TX In The Amount Of $15,910.40 For The Payment Of Invoices For The Public Works Department Landfill Division (C) Consideration And Approval Of Payment To Fred Pryor Seminars In The Amount Of $5,800 For On -Site Supervisor Training For Public Works And Utility Operations Departments (D) Consideration And Approval Of Payment To Digital Safety Technologies, Morrisvil /e, NC In The Amount Of $5,900.00 For The Purchase Of Replacement Body Microphones For The Police Department Resolutions - Consent (1) P.R. No. 17528 - A Resolution Authorizing The City Manager To Execute An Agreement With APAC, Inc. Of Beaumont, Texas For Concrete Repairs At West Port Arthur Road (Spur 93) And 62 Street For $12,500. Account 410 -1253- 532.36 -00 3 AGENDA FEBRUARY 19, 2013 VII. CONSENT AGENDA - CONTINUED (2) P.R. No. 17536 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $8,698.65 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Aerial Ladder Fire Truck #1590 (3) P.R. No. 17538 - A Resolution Approving The Sale Of Land In The City Of Port Arthur Section 4A Economic Development Corporation's Business Park To Texas Lonestar Development, LLC For A Price Of $52,500 Per Acre (4) P.R. No. 17540 - A Resolution Authorizing The City Manager To Execute An Agreement With Mike Pietsch, P. E. Consulting Services, Inc. Of Garland, Texas, For Consulting Services In Conjunction With The City Of Port Arthur's ISO Rating For The Port Arthur Fire Department In The Amount Of $24,000; Funds Available In Account No. 001 -1121- 522.54 -00 (5) P.R. No. 17541 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of The Property Damage Subrogation Claim In The Amount Of $11,891.92 Made Against Fred Hudson, Jr. And Farmers Insurance Group (6) P.R. No. 17542 - A Resolution Authorizing The City Manager To Execute A One Year Agreement With Siddons -Martin Emergency Group Of Port Arthur And Houston, Texas, For Preventive Maintenance And Repair To Fire Department Fire Apparatus And Other Special Response Vehicles In A Total Amount Not To Exceed $150,000. Funding From Account No. 001 - 1121 - 522.43 -00 (7) P.R. No. 17543 - A Resolution Authorizing The City Manager To Enter Into A Contract With Maverick Communications, Inc., Of Beaumont, Texas To Reestablish The Communication Network Of The Newly Renovated Transit Service Center In The Amount Of $8,823.75. Funding Allocated Through Federal Grant Number TX- 96 -X040; Account Number 402 - 1508 - 561.54 -00 (8) P.R. No. 17545 - A Resolution Authorizing The City Manager To Accept The Real Property Donation From Wilbert Moore, Jr. Located At 730 Beaumont Avenue 4 AGENDA FEBRUARY 19, 2013 VII. CONSENT AGENDA - CONTINUED (9) P.R. No. 17547 - A Resolution Calling For A Public Hearing To Consider Granting Specific Use Permit 218 (SUP #218) For The Operation Of A Wrecker Service And Storage Facility On 0.9162 Acre Of Land Out Of And Part Of Lot 10 And 11, Block 5, Port Acres, (A.K.A. 6331 West Port Arthur Road), Port Arthur, Jefferson County, Texas Z13 -03 [SUP #218] (10) P.R. No. 17548 - A Resolution Authorizing The March 5, 2013 Regularly Scheduled Council Meeting Date Be Changed To March 6, 2013 VIII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 17510 - A Resolution Authorizing The City Manager To Enter Into An Attorney Consultation And Fee Contract Between The City Of Port Arthur And The Lawton Law Firm, P.C., In An Amount Not To Exceed $100,000; Funds Available In Account No. 001- 1003- 512.59 -00, Project No. M07004 (2) P.R. No. 17535 - A Resolution Appointing Or Reappointing Members To The Library Board (3) P.R. No. 17546 - A Resolution Authorizing Payment To Compass Bank Escrow Agent For The Southeast Texas Coalition For Air Service, LLC Guarantee For American Airlines, The City Of Port Arthur's Share Being $200,000 B. Ordinances (1) P.O. No. 6293 - An Appropriation Ordinance Amending The General Fund Budget For The Fiscal Year Beginning October 1, 2012 And Ending September 30, 2013 By $300,000 In Order To Fund The American Airlines Guarantee And To Fund The Lawton Law Firm Contract 5 AGENDA FEBRUARY 19, 2013 VIII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (2) P.O. No. 6297 - An Ordinance Providing For The Conduct Of A Special Election On May 11, 2013 To Submit Propositions As To Whether Or Not The City Charter Shall Be Amended; Providing For Notice Of Election, And Providing For Publication Of The Election Notice Una ordenanza que provee para la conducta de una eleccidn especial el dia 11 de mayo, 2013 para presentar proposiciones a si sera o no modificada la Carta Municipal; provee para la noticia de eleccidn, y provee para la publicacidn de este aviso. (3) P.O. No. 6299 - An Ordinance Authorizing The Sale Of Surplus Furniture /Minor Equipment, Vehicles, Equipment, Or Heavy Equipment By A Public Online Auction Through Rene Bates Auctioneers, Inc. C. Reports And Recommendations (1) EDC Fiscal Year 2011 -2012 Annual Report IX. REPORTS OF BOARDS & COMMITTEES - None X. *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 ": 6 AGENDA FEBRUARY 19, 2013 X. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED 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 Closed Meeting: (1) Section 551.072 Government Code - To Discuss The Value Of Land On The Westside, Port Arthur, Texas (2) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (ESP Structure & Piping Solutions, KT Foods and Workforce Solutions Of Southeast Texas) *The Items In Executive Session May Be Discussed And Acted On In Open Session XI. ANNUAL CDBG INTERVIEWS (1:30 PM) XII. 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 February 20, 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 ************************************************************* * *** * *** * *** *** * *** ********** ** 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.