Loading...
HomeMy WebLinkAboutAPRIL 30, 2013 REGULAR MEETING \\, '∎`• %,/' ��,/ DELORIS "BOBBIE" PRINCE, MAYOR £4,erp• FLOYD T. JOHNSON WILLIE "BAE" LEWIS, JR. MAYOR PRO TEM C itV of Can �� � CITY MANAGER (•• s �� COUNCIL MEMBERS: �/ I �.��� SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER O P t F t ll_ MORRIS ALBRIGHT VAL TREND HAROLD L. DOUCET, SR. - CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AGENDA • City Council Regular Meeting April 30, 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 30, 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 - None B. Presentations Deval Siemens Of Siemens /Entergy Conservation Project Regarding Entergy Rebate AGENDA APRIL 30, 2013 III. PETITIONS & COMMUNICATIONS - CONTINUED C. Employee Recognition - None D. Correspondence - None IV. PUBLIC HEARINGS — 6:00 PM - None 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Entergy Texas, Inc., In The Amount Of $5,955.12 For The Removal Of Utility Poles For Public Works Department, Landfill Division (B) Consideration And Approval Of Payment In The Amount Of $174,542.63 For The 2012 -2013 Jefferson County Appraisal District Funding Allocation (C) Expense Reports: City Manager Floyd T. Johnson Attended 30 Anniversary NFBPA Conference Atlanta, Georgia, April 19 -22, 2013 $492.71 2 AGENDA APRIL 30, 2013 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P.R. No. 17577 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (2) P.R. No. 17589 — A Resolution Submitting A Proposal As To The City Of Port Arthur Section 4A Economic Development Corporation's Request For Park Improvements On Behalf Of The Port Arthur American Little League, Inc. (3) P.R. No. 17649 — A Resolution Authorizing The City Manager To Execute An Interlocal Agreement Between The City Of Port Arthur And Jefferson County For Shoreline Protection Of Pleasure Island And Authorizing The Expenditure Of $619,690 For This Project. CIP201, 303 - 1601- 591.59 -00 (4) P.R. No. 17651 — A Resolution Authorizing The Third And Final Year (2 Renewal), Of The Contract With Safety Associates Of Nederland, Texas For The Calibration Of Air Monitoring Equipment For The Fire Department In An Amount Not To Exceed $24,420; Funding From Account 001 - 1121- 522.54 -00 (5) P.R. No. 17652 — A Resolution Authorizing The Amendment To The Blanket Purchase Order For Hauling Of Materials With J.M. Kaufman In An Amount Not To Exceed $100,000; Funding Available In Various Departmental Accounts (6) P.R. No. 17653 — A Resolution Authorizing The City Manager To Enter Into A Contract With Lunceford Services Of Groves, Texas For Fence Installation, A Security Gate Mechanism, And Visibility Screen For The Public Works Operations Center In An Amount Not Exceed $38,000. Funding Available In Account No. 001 - 1201 - 531.59 -00 3 AGENDA APRIL 30, 2013 VI. CONSENT AGENDA - CONTINUED (7) P.R. No. 17654 — A Resolution Authorizing A Two Month Extension Of An Existing Contract With Marks And Associates Of Baytown, Texas For Security Guard Services At The Operations Center And Garage In An Amount Not To Exceed $10,396. Funds Are Available In Account No. 001 - 1201 - 531.51 -00 (8) P.R. No. 17655 — A Resolution Extending The Contract Between GenTech Construction Company, LLC And The City Of Port Arthur For Abatement And Demolition Of Two Dangerous Commercial Structures Located At 338 And 344 1 /2 Procter Street (9) P.R. No. 17658 — A Resolution Authorizing The Purchase Of A Commercial Container Garbage Truck From Heil Of Texas Of Houston, Texas And Grande Truck Center Of San Antonio, Texas Through Buyboard In The Amount Of $252, 834, Account No. 625- 1801- 533.93 -00 (10) P.R. 17662 — A Resolution Amending Resolution No. 08 -178 As It Pertains To Requesting A Bill To Be Adopted By The Texas Legislature Regarding The Appointment Process To The Municipal Housing Authority (Requested By Mayor Pro Tem Lewis) (11) P.R. No. 17663 — A Resolution Authorizing A Contract With Lou Richard's Realty For The Preparation Of A Market Analysis For The Purpose Of Assisting In Updating The City's Comprehensive Plan In An Amount Not To Exceed $5,000, Funding Available In Account No. 001 - 1003 - 512.59 -00, Project No. M07004 (Requested By Mayor Prince) (12) P.R. 17665 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Engaging The Services Of Total Safety For The Asbestos /Lead /Mold Consulting Services At 501 Procter Street In An Amount Not To Exceed $34,900; Funding Available In Account No. 120 - 1429 -582 -54.00 4 AGENDA APRIL 30, 2013 VI. CONSENT AGENDA - CONTINUED (13) P.R. No. 17666 — A Resolution Authorizing The Amendment To Blanket Purchase Order No. 165348 For The Purchase Of Sodium Hydroxide For The Utility Operations Department With Brenntag Southwest (Formerly Altivia Corporation) In The Same Unit Prices Currently Paid In An Amount Not To Exceed $150,000. Funds Are Available In Account No. 410 - 1252 - 532.29 -02 (14) P.R. No. 17667 — A Resolution Accepting A Water Utilities Easement From L &D Plaza, LLC For The Construction, Installation, Laying, And Maintaining Of Water Utilities On Their Property For The New L &D Plaza On 9 Avenue And Jimmy Johnson Blvd. In The City Of Port Arthur (15) P.R. No. 17668 — A Resolution Authorizing The City Of Port Arthur To Support A "Click It Or Ticket" Selective Traffic Enforcement Program (S.T.E.P.) Grant In The Amount Of $5,979.00 (16) P.R. No. 17669 —A Resolution From The City Council Of The City Of Port Arthur In Support For The Port Arthur Economic Development Corporation Proposed HB 1966, HB 1967, And HB 2473 Legislative Changes To The Economic Development Act VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. 17661 — A Resolution Appointing And /Or Reappointing A Member Or Members To The Beautification Commission (Requested Mayor Pro Tem Lewis) B. Ordinances (1) 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 5 AGENDA APRIL 30, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT - CONTINUED (2) P.O. 6316 — An Ordinance Of The City Of Port Arthur, Texas, To Annex Adjacent And Contiguous Territory Into The Incorporated Municipal Boundaries Of The City Of Port Arthur, Texas Including The Following: Findings Of Fact; Effective Date; A Repealer; Severability; And Proper Notice And Meeting (First Reading) (3) P.O. 6317 — An Ordinance Revising The Speed Limit On 9 Avenue North Of Lake Arthur Drive, Lowering The Posted Speed Limit To 35 MPH, Providing For An Effective Date, And For Publication C. Reports and Recommendations (1) Report On Building Permit Process On New Homes And The Elevation Level (Requested By Mayor Prince) (2) Report On Council Benefits (Requested By Mayor Pro Tem Lewis) (3) Discussion On Council Salary (Requested By Councilmember Freeman) 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 May 1, 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 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 6 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.