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HomeMy WebLinkAboutMAY 28, 2013 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR s n ' FLOYD T. JOHNSON ROBERT E. WILLIAMSON, MAYOR PRO TEM City of �' CITY MANAGER COUNCIL MEMBERS: i )4) SHERRI BELLARD RAYMOND SCOTT, JR.. CITY SECRETARY ELIZABETH "LIZ" SEGLER Q T t T t h tt t MORRIS ALBRIGHT VAL TIZENO ROBERT TROY Texas CITY ATTORNEY WILLIE "BAE" LEWIS, JR DERRICK FREEMAN KERRY "TWIN" THOMAS AGEN DA City Council Regular Meeting May 28, 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 May 28, 2013 5:30 PM PLEASE TURN OFF OR MUTE ALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Williamson Councilmember Scott, Jr. Councilmember Segler Councilmember Albright, III Councilmember Troy Councilmember Lewis 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 (1) Gail Pellum Regarding Juneteenth 2013 (2) Gloria Sanchez Regarding Concerns With The City's Procurement Process AGENDA MAY 28, 2013 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations (1) Presentation By Freese And Nichols Regarding The Enterprise GIS Implementation Program (2) Blue Santa Presentation C. Employee Recognition - None D. Correspondence - None IV. PUBLIC HEARINGS — 6:00 PM To Consider A Zoning Change From Two Family "2F" To Multiple Family "MF" Located At 3501 12 Street, City Of Port Arthur, Jefferson County, Texas V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: P.R. No. 17576 — A Resolution Awarding A Contract To Total Safety, U.S., Inc. Of Nederland, Texas, For Asbestos And Lead Abatement Consulting Services, In A Not To Exceed Amount Of $50,000, To Be Charged To Account No. 105 - 1431 - 552.59 -00, Project No. C36120 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 MAY 28, 2013 VI. CONSENT AGENDA - CONTINUED (A) Consideration And Approval Of Payment To Brazos Technology, College Station, Texas In The Amount Of $12,900.00 For Annual Software Maintenance Resolutions — Consent (1) P.R. No. 17554 — A Resolution Authorizing The City Manager To Enter Into A Contract With Soutex Surveyors & Engineers For The Design And Construction Management For The Concession Stand At Pioneer Park In An Amount Not To Exceed $11,500; Funding Available In Account No. ED2013 -100 (2) P.R. No. 17556 — A Resolution Rescinding Resolution No. 12 -530, Awarding A Contract To Byrdson Service D /B /A Excello Construction Of Beaumont, Texas In Its Entirety And Authorizing The City Manager To Enter Into A Contract For The Construction Of A Parking Lot At SSgt. Lucian Adams Park With Apac- Texas, Inc. Of Beaumont, Texas In An Amount Not To Exceed $47,627.90; Funding Available In Account No. ED2013 -103 (3) P.R. No. 17612 — A Resolution Authorizing The City Manager To Enter Into A Contract With Kay Electronics Of Beaumont, Texas For The Purchase Of Street Trek3 Software In The Not To Exceed Amount Of $19,715; Funds Available In ARRA Account; 402 -1508- 561.57 -00 (Line Item 11.42.08 — Software Installation) (4) P.R. No. 17618 — A Resolution Authorizing An Amendment To The Lease Agreement With Gulf Coast Health Center Inc. For The West Side Community Clinic Located At 601B Reverend Dr. Ransom Howard Street, Port Arthur, Texas (5) P.R. No. 17638 — A Resolution Authorizing A Payment To The Nelson Collaborative Of Houston, Texas For Additional Services Provided For Transit Renovations In The Amount Of $9,379.09. Transit Renovations Are Funded From Federal Transit Administration Allocated Funds — TX90X -X859, Account No. 401- 1509- 561.54 -00 3 AGENDA MAY 28, 2013 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 17684 — A Resolution Authorizing The City Manager To Execute An Agreement With CeII More Communications Of Houston, Texas For The Annual Software Service For 215 Vehicular GPS Tracking Systems At $5,375 Per Month For A Total Amount Of $64,500. Funds Are Available In Account No. 001 - 1201 - 531.43 -01 (7) P.R. No. 17686 — A Resolution Authorizing The City To Enter Into An Agreement With Freese And Nichols, Inc. For The Implementation Of The Enterprise GIS Implementation Program — Phase I In The Not To Exceed Amount Of $135,000. Funding Is Available In Account Number 001 - 1051 - 517.54 -00 (8) P.R. No. 17689 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (9) P.R. No. 17691 — A Resolution Authorizing The Execution Of Change Order No. 10 (Final), The Acceptance Of The Project, And Final Payment For The Wastewater Treatment Plant Rehabilitation Project, Contract No. 5, Between The City Of Port Arthur And ALLCO, Inc., Of Beaumont, Texas, Decreasing The Contract Amount By $38,420.00 And Increasing The Contract Time 14 Calendar Days. Account No. 404 - 1625- 532.83 -00, City Project No. 404WWT (10) P.R. No. 17692 — A Resolution Authorizing A Payment To The Nelson Collaborative Of Houston, Texas For Additional Services Provided For The Auto - Scrubber Project In The Amount Of $4,417.60. Funding: Grant TX90X -Y106, Account Number 401- 1509- 561.89.00 (11) P.R. No. 17699 — A Resolution Authorizing The City Of Port Arthur To Submit A Proposal To The Texas Department Of State Health Services Mental Health And Substance Abuse Division, Tobacco Prevention And Control Program For Tobacco Prevention And Control Coalitions 4 AGENDA MAY 28, 2013 VI. CONSENT AGENDA - CONTINUED (12) P.R. No. 17700 — A Resolution Authorizing Execution Of A Homebuyer's Written Agreement For The Purchase Of 2348 5 Street, Port Arthur, Texas Through The City's Homebuyer's Assistance Program (13) P.R. No. 17701 — A Resolution Authorizing The City Manager To Solicit Proposals From Qualified Firms To Conduct Emergency Disaster Support And Management Services VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 17702 — A Resolution Appointing And /Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Mayor Pro Tem Williamson) B. Ordinances (1) P.O. No. 6319 — An Ordinance By The City Of Port Arthur, Texas ('City') Denying The Statement Of Intent Of Entergy Texas, Inc. Filed On May 13, 2013; Finding That The Meeting Complies With The Open Meetings Act; And Declaring An Effective Date (2) P.O. No. 6321 — 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 Williamson) C. Reports And Recommendations (1) Report On The Progress Of Implementing The Mercer Report And Future Implementation Plans (Requested By Councilmember Thomas) (2) Report Regarding City Council Premiums For Insurance Benefits (Requested By Councilmember Thomas) 5 AGENDA MAY 28, 2013 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 On May 29, 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.