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HomeMy WebLinkAboutAPRIL 16, 2013 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR `• FLOYD T. JOHNSON C.. WILLIE "BAE" LEWIS, JR. MAYOR PRO TEM ft1' of �iD f _ -- � ' ' * CITY MANAGER COUNCIL MEMBERS: % .;, 1 ,•l� 4,. SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER U f t r t h u r MORRIS ALBRIGHT VAL TIZENO HAROLD L. DOUCET, SR. 7i, -� CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGEN DA City Council Regular Meeting April 16, 2013 8:30 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 April 16, 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 March 6, 2013 Special Executive Meeting March 6, 2013 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Richard and Kathy Mendoza Regarding Water Bill (2) Gerald Tervalon Regarding Taxi Delivery Service i AGENDA APRIL 16, 2013 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations Geraldine Hunt and Dr. Albert Thigpen Regarding the 2013 Texas State Senior Games, San Antonio, Texas C. Employee Recognition - None D. Correspondence - None IV. PUBLIC HEARINGS - 9:00 a.m. 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 CDW- Government, Vernon Hills, IL In The Amount Of $11,347.40 For The Purchase Of A Printer /Copier For The Public Works Engineering Division (B) Consideration And Approval Of Payment To Service Pump & Compressor, Beaumont, TX In The Amount Of $5,767 For Emergency Rental Of A Diesel Sewage Pump And Hoses For The Utility Operations, Wastewater Conveyance Division 2 AGENDA APRIL 16, 2013 VI. CONSENT AGENDA - CONTINUED (C) Consideration And Approval Of Payment To ALLCO, Inc., Beaumont, TX In The Amount Of $14,971 For Emergency Repairs For The Installation Of A Temporary Waterline At The HPSS Levee Near Veteran's Memorial Park On Hwy 87 For The Utility Operations Department, Water Distribution Division (D) Consideration And Approval Of Payment To Excavators & Constructors, Ltd., Port Arthur, TX In The Amount Of $16,200.00 To Excavate, Haul, Spread And Level Dirt At The Spur 93 Business Park (E) Consideration And Approval Of Payment To TASER International, Scottsdale, AZ, In The Amount Of $5,035.99 For The Purchase Of Tasers For The Police Department (F) Consideration And Approval Of Payment To Triangle Locksmith, Nederland, TX In The Amount Of $5,021.60 For Service To Change Locks At The Armory, 3451 57 Street (G) Expense Reports: (1) Mayor Deloris "Bobbie" Prince: Attended TML Meeting Austin, TX, April 4 -5, 2013 $586.20 (2) Councilmember Raymond Scott, Jr.: Attended Public Hearing Austin, TX, March 26 -27, 2013 $413.35 (3) Councilmember Harold Doucet, Sr.: Attended Public Hearing Austin, TX, March 26 -17, 2013 $403.35 (4) City Manager Floyd T. Johnson: Attended Tour Of Housing Developments New Orleans, LA, February 27 - 28, 2013 $142.00 3 AGENDA APRIL 16, 2013 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P.R. No. 17582 - A Resolution Authorizing The City Manager To Accept The Quote From Romero's Glass Company Of Port Arthur, Texas For The Purpose Of Replacing Glass Panels On Certain Bus Shelters In An Amount Not To Exceed $4,889; Funds Available In Account No. 401 - 1509 - 561.92 -00, Project No. TX -90 -2013 (2) P.R. No. 17613 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And L.D. Kemp Excavating, Inc. Of Fort Worth, Texas For The Cell 48 Liner And Drainage Improvements At The City Of Port Arthur Landfill In The Not To Exceed Amount Of $1,197,523. CIP302, 303- 1601 - 591.89- 00 (3) P.R. No. 17630 - A Resolution Amending The FY 2012 -2013 Contract Between The City Of Port Arthur And The Department Of State Health Services, RLSS -Local Public Health System, To Increase The Contract Budget Amount By $39,294; Thereby, Increasing The Total Contract Award From $167,517 To $206,811; And To Modify Article II Services, Section 2.02 Disaster Services (4) P.R. No. 17632 - A Resolution Authorizing The City Manager To Execute An Agreement With NVT Construction, LLC Of Port Arthur, Texas For The Construction Of The Phase 2 Ninth Avenue And Procter Street A.D.A. For The Not To Exceed Amount Of $9,978.45; Funding Being Available In Account 001- 1203 - 531.87 -00 (5) P.R. No. 17637 - A Resolution Authorizing The City Manager To Execute An Interlocal Contract With South East Texas Regional Planning Commission Relating To The Planning, Development, Operation And Provision Of 9 -1 -1 Service And The Use Of 9 -1 -1 Funds 4 1 AGENDA APRIL 16, 2013 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 17639 - A Resolution Approving A License Agreement With Sabine Pass Liquefaction, LLC For The Construction, Installation, Laying, And Maintaining Of A Private Water Line And Appurtenances Within City Right -Of -Way In The City Of Port Arthur (7) P.R. No. 17640 - A Resolution Authorizing The Second And Final Year Of A Contract For Grounds Maintenance, For Group F For The Utility Operations Department With Affordable Lawn & Tractor Service, Of Port Arthur, Texas, In An Amount Not To Exceed $24,900. Funds Are Available In Account No. 410 -1255- 532.59 -00 (8) P.R. No. 17641 - A Resolution Approving Closing The Economic Incentive Contract And Loan Agreement Between Team Fabricators L.L.C. And The City Of Port Arthur Section 4A Economic Development Corporation (9) P.R. No. 17642 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Purchase Internet Protocol (IP) Security Cameras From Triangle Fire And Security Of Beaumont, Texas For The 39 Street Office Building In The Amount Of $7,421. (10) P.R. No. 17643 - A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into A Service Agreement With Cheval Noir Media Of Port Arthur For The Printing And Mail Out Services Of A New PAEDC Newsletter (11) P.R. No. 17646 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (12) P.R. No. 17647 - A Resolution Calling For A Public Hearing To Consider A Zoning Change From Two Family To Multiple Family For A 15.25 Acre Tract Of Land Out Of The Lambert Addition Subdivision, Volume 5, Page 28, M.R.J.C. (Located At 3501 12 Street), City Of Port Arthur, Jefferson County, Texas 5 AGENDA APRIL 16, 2013 VI. CONSENT AGENDA - CONTINUED (13) P.R. No. 17648 - A Resolution Authorizing The City Manager To Execute A Contract With The Nelson Collaborative For The Architectural Repair And Restoration Assessment Of Rose Hill Manor Historic Structure At A Cost Of $5,000; Funds Available In Account No. 001 - 1402 - 551.54 -00 (14) P.R. No. 17650 - A Resolution Amending The Contract For The Services Of Gayle W. Botley, Certified Public Accountant, As Independent Auditor For The City Of Port Arthur, Increasing The Estimated Amount By $28,775 For The Year Ending September 30, 2012. Account #001 - 1031 - 515.54 -00 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 17644 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Utilize Additional Funding In The Amount Of $600,000 For The Renovation 501 Procter Street In Downtown Port Arthur (2) P.R. No. 17645 - A Resolution Urging Expedient Consideration Of All Regulatory Processes Necessary To Authorize Such Permits Required To Allow The TGS Development, LP/Valero Terminaling And Distribution Co. Project To Go Forward In A Timely Manner (Requested By Mayor Prince) B. Ordinances (1) P.O. No. 6312 - 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 (2) P.O. No. 6313 - An Appropriation Ordinance Amending The General Fund Budget For The Fiscal Year Beginning October 1, 2012 And Ending September 30, 2013 By $222,690 To Provide Additional Funding For The City's Portion Of The Pleasure Island Shoreline Protection Project 6 AGENDA APRIL 16, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (3) P.O. No. 6314 - An Ordinance Amending Section 78 -269 Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Travel Expenses (Requested By Mayor Pro Tem Lewis) (4) P.O. 6315 - An Ordinance Amending Section 114 -134 Of Article IV (Wreckers) Of Chapter 114 (Vehicles For Hire) Of The Code Of Ordinances Of The City Of Port Arthur C. Reports And Recommendations (1) Finance Report First Quarter Of Fiscal Year 2013 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 Closed Meeting: (1) Section 551.072 Government Code - To Discuss The Value Of Land Near The Spur 93 Business Park (EDC) i AGENDA APRIL 16, 2013 IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED (2) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And /Industrial Business Prospects (ESP Structure & Piping Solutions, LLC) Section 5 1.72 - To Di (3 ) 5 0 o scuss The Value Of Land Of City Owned Properties To Be Used For Housing Programs *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 April 17, 2013. During The Recess, No Action Will Be Taken On Any Item Of Remaining Business And Noi 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 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.