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HomeMy WebLinkAboutAPRIL 2, 2013 REGULAR MEETING - I DELORIS "BOBBIE" PRINCE, MAYOR E FLOYD T. JOHNSON WILLIE "BAE" LEWIS, JR. MAYOR PRO TEM City of " `\ )4) CITY MANAGER COUNCIL MEMBERS: 0, SHERRI BELLARD RAYMOND SCOTT, JR. O r t ), jt IL CITY SECRETARY ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT Texas VAL TIZENO HAROLD L. DOUCET, SR. CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGEN DA City Council Regular Meeting April 2, 2013 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 April 2, 2013 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 Teanna Hairston Regarding Sidewalks B. Presentations iI AGENDA APRIL 2, 2013 III. PETITIONS & COMMUNICATIONS - CONTINUED C. Employee Recognition - None D. Correspondence IV. PUBLIC HEARINGS — 6:00 PM To Review Plans For The Proposed Annexation Of Property. Tract I Being A 12.04 Acre Tract Out Of The T. & N.O.R.R. Survey, Abstract No. 258, And Tract II Being 0.9973 Acre Of Land Part Of T & N.O.R.R. Survey, Abstract No. 258. 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Mustang CAT, Beaumont, 7X In The Amount Of $9,000.23 For Repairs To Unit 1517 D7R Dozer For The Public Works Landfill Department (B) Consideration And Approval Of Payment To Brazos Technology, Inc., College Station, 7X In The Amount Of $5,780.00 For Ticketwriter Warranties For The Police Department (C) Consideration And Approval Of Payment To JDC Fluid Equipment, LLC, Houston, 7X In The Amount Of $15,387 For Repair /Replacement Of A Sewage Grinder For The Utility Operations Department, Wastewater Treatment Division 2 AGENDA APRIL 2, 2013 VI. CONSENT AGENDA — CONTINUED (D) Expense Reports: (1) Mayor Deloris "Bobbie" Prince: Use Of Personal Vehicle For City Business Beaumont, TX, February 27, March 1, March 20, 2013 $83.80 (2) Councilmember Harold Doucet, Sr.: Attended Golden Triangle Days Austin, TX, March 3 -5, 2013 $1,253.93 (3) Councilmember Derrick Freeman: Attended Golden Triangle Days Austin, TX, March 3 -5, 2013 $1,199.59 (4) City Manager Floyd T. Johnson: Attended New Orleans Housing Tour New Orleans, LA, February 27 -28, 2013 $ 142.00 Resolutions - Consent (1) P.R. No. 17553 — A Resolution Authorizing The City Manager To Enter Into A One Year Contract With Attaboy Termite And Pest Control, Inc., Of Beaumont, Texas, In An Amount Not To Exceed $1,500; Funds Available In Various Transit Accounts (2) P.R. No. 17564 — A Resolution Authorizing The City Manager To Execute Two (2) Contracts Between The City Of Port Arthur And Bellaire Softball League Organization, For The Use Of Stephen And Eli SteIly Baseball Fields On Cecil Reynolds Park (3) P.R. No. 17578 — A Resolution Authorizing The City Manager To Execute Change Order 04 To The Contract Between The City Of Port Arthur And LDF Construction, Inc. For Port Arthur Fire Station #4 At Sabine Pass, Increasing The Contract By $22,966.40 To A New Total Amount Of $1,745,936.27 And Increasing The Term By 200 Calendar Days. Project IKEFS4, 121 - 2300 - 901.82 -00 3 AGENDA APRIL 2, 2013 VI. CONSENT AGENDA - CONTINUED (4) P.R. No. 17579 — A Resolution Authorizing The City Manager To Enter Into A Contract With DezTex Industrial Service Of Port Arthur, Texas For Janitorial Services For The Old Fire Station #6 In A Not To Exceed Amount Of $6,059.52; Funding Available In Account 001 - 1003 - 512.59 -00; Project No. M97903 (5) P.R. No 17585 — A Resolution Authorizing Execution Of A Homebuyers Written Agreement For The Purchase Of 2200 5 Street, Port Arthur, Texas Through The City's Homebuyer's Assistance Program (6) P.R. No. 17614 — A Resolution Authorizing The Fire Department To Purchase Two Vehicle Stabilization Kits And Controllers Under A Buy Board Contract From Metro Fire Of Houston, Texas In The Total Amount Of $16,780.92. Funding Form Account No. 001 - 1121 - 522.92 -00 (7) P.R. No. 17617 — A Resolution Authorizing The City Manager To Enter Into A Contract With Triangle Fire & Security Of Beaumont, Texas For Installation Of A Security Camera System For The Public Works Operations Center Located At 201 W. H. O. Mills Blvd. In An Amount Not To Exceed $29,994. Funds Are Available In Account No. 001 -1201- 531.59 -00 (8) P.R. No. 17619 — A Resolution Authorizing The City Manager To Execute The Certificate Of Final Acceptance For The Performance Contracting Agreement Between The City Of Port Arthur And Siemens Industry, Inc., Building Technologies Division For Infrastructure Improvements And Efficiency Upgrades And Authorizing The Release Of The Retainage In The Amount Of $320,637.60. EPC 101, 302 - 1602- 591.54 -00 (9) P.R. No. 17620 — A Resolution In Support Of House Bill 442 Funding For Public Safety Communications In The Amount Of $30,700,000 Annually (10) P.R. No. 17622 — A Resolution Authorizing The Purchase Of A T870 Bobcat Compact Track Loader For The Solid Waste Division From Bobcat Company Of West Fargo, North Dakota In The Amount Of $56,920.50, Account 625 - 1801 - 533.93 -00 4 AGENDA APRIL 2, 2013 VI. CONSENT AGENDA - CONTINUED (11) P.R. No. 17623 — A Resolution Authorizing The City Manager To Enter Into A Contract With Advanced Systems Alarm Services Of Beaumont, Texas, For Monitoring Services Of The Transit Service Center In An Amount Not To Exceed $720; Funds Available In Account Number 401- 1504- 561.59 -00 (12) P.R. No. 17624 - A Resolution Authorizing The City Manager To Enter Into A Contract With Science Engineering, Ltd., Of Port Arthur, Texas, In An Amount Not To Exceed $1,500 For Soil And Foundation Investigation (Account No. 402 - 1508 - 561.82 -00) (13) P.R. No. 17625 — A Resolution Amending The FY 2012 -2013 Contract Between The City Of Port Arthur And The Department Of State Health Services, Public Health Emergency Preparedness (PHEP) Program (14) P.R. No. 17626 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (15) P.R. No. 17627 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $7,107.09 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Water And Sewer Pickup Truck Vehicle #1661 (16) P.R. No. 17628 — A Resolution Authorizing The Purchase Of Flood Coverage Through Fidelity National Insurance Company In The Amount Of $25,267.00 Per Annum. Proposed Funding By General Liability Insurance Fund, 612- 1702 - 581.52 -00, $25,267.00 (17) P.R. No. 17629 — A Resolution Authorizing The Purchase Of Commercial Windstorm Coverage In An Amount Not To Exceed $608,740.28 Per Annum. Proposed Funding By General Liability Insurance Fund, 612- 1702- 581.52 -00, $608,740.28 (18) P.R. No. 17631 — A Resolution Authorizing The City Manager To Execute Change Order No. 01 To The Contract Between The City Of Port Arthur And N & T Construction Co., Inc. For The Renovation To The Downtown Pavilion, Increasing The Contract Time By Eighty (80) Days To A New Total Of Two Hundred Ten (210) Days. Account #120 - 1429 - 582 - 59.06 And 001 - 1003 - 512.59.00, Project M12005 5 AGENDA APRIL 2, 2013 VI. CONSENT AGENDA - CONTINUED (19) P.R. No. 17633 — A Resolution Authorizing The Third And Final Year Renewal Of A Contract For The Purchase Of Repair Clamps, For The Utility Operations Department With MDN Enterprises Of New Caney, Texas, In The Not To Exceed Amount Of $64,671.02. Funds Are Available In Account No. 410 - 1253 - 532.35 -00 & 410 - 1255 - 532.33 -00 (20) P.R. No. 17634 — A Resolution Authorizing The Fire Chief To Purchase Culverts For Fire Station #6 From HD Supply Waterworks Of Beaumont, Texas In The Amount Of $10,360.26; Funds Available In Account No. 001 - 1121 - 522.32 -00 (21) P.R. No. 17635 — A Resolution Authorizing The City Manager To Renew The Contract Between The City Of Port Arthur And Mitchell Fontenote, CPA Increasing The Contract Time By Sixty (60) Days For The Provision Of Accounting Services For The Finance Department VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 17615 — A Resolution To Approve The 2013 Community Development Block Grant Allocations In The Estimated Amount Of $1,061,338 For The City Of Port Arthur (2) P.R. No. 17616 — A Resolution Authorizing The City Manager To Make Application To The U.S. Department Of Housing And Urban Development For A Community Development Block Grant In The Estimated Amount Of $1,061,338 And A Grant For An Estimated Amount For $248,171 In Home Funds And Authorizing The City Manager To Execute The City Of Port Arthur's 2013 Consolidated Annual Plan. The Consolidated Plan Will Be Submitted To The U.S. Department Of Housing And Urban Development (3) P.R. No. 17636 — A Resolution Appointing And /Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Williamson) B. Ordinances (1) P.O. No. 6309 — An Appropriation Ordinance Amending The General Fund Budget For The Fiscal Year Beginning October 1, 2012 And Ending September 30, 2013 By $60,000, In Order To Fund Temporary Help In Environmental Health 6 AGENDA APRIL 2, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT - CONTINUED (2) P.O. No. 6310 — An Ordinance Acknowledging the Cancellation of Election Of The Port Of Port Arthur Navigation District In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice Una ordenanza cancelando la conducta de una elecc /on junto el Distrito de Navegacion del Puerto de Port Arthur acuerdo con Capitulo 271 del Codigo de Elecciones de Texas, y que provee Para /a publicacion de esta noticia. (3) P.O. No. 6311 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit #218 To Allow The Land Use Of "Auto Storage For Wrecker Service" At 6331 West Port Arthur Road, A 0.9162 Acre Tract Of Land Legally Described As "Part Of Lots 10 And 11, Block 5, Port Acres, City Of Port Arthur, Jefferson County, Texas." (Violation Of This Ordinance And The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1 -13 Of The Code Of Ordinances As Amended By A Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date C. Reports and Recommendations 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 April 3, 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 Councit 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.