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HomeMy WebLinkAboutJUNE 11, 2013 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR FLOYD T. JOHNSON ROBERT E. WILLIAMSON, MAYOR PRO TEM City of - ei CITY MANAGER COUNCIL MEMBERS: i b4) SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER o r t r t h u r MORRIS ALBRIGHT VAL TIZENO ROBERT TROY Texas CITY ATTORNEY WILLIE "BAE" LEWIS, JR DERRICK FREEMAN KERRY "TWIN" THOMAS AG E N DA City Council Regular Meeting June 11 2013 8:3o 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 -8128 l City Council Meeting City Hall Council Chamber City Of Port Arthur June 11,2013 8:30AM 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, Jr. 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 April 2, 2013 Regular Meeting April 9, 2013 Special Meeting April 30, 2013 Special Executive Meeting April 30, 2013 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Harold Doucet, Sr. Regarding Travel Ordinance (2) Mike Licatino Regarding Port Arthur Police Department (3) Lydia Jane Robertson Regarding The Port Arthur Police Department And The Port Arthur School System (4) Geraldine Hunt Regarding International Jubilee In The City By The Sea AGENDA JUNE 11, 2013 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations (1) Presentation Of 2012 Employee Service Awards (2) Presentation Regarding TGS Depot (3) Presentation Update Regarding Hurricane Ike Round II Housing And Demolition Issues (4) Presentation By Dwight Wagner Regarding Health Fair (5) Presentation Regarding Blue Santa Program C. Employee Recognition - None D. Correspondence - None IV. PUBLIC HEARINGS - 9:00 a.m. - 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 Texas Municipal League In The Amount Of $5,645 For League Services Including Texas Town & City Magazine For July, 2013 - June, 2014 (B) Expense Reports: City Secretary Sherri Bellard Attended TX Municipal Clerks Seminar Lubbock, Texas, April 3 -5, 2013 $1,190.14 2 AGENDA JUNE 11, 2013 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P.R. No. 17562 - A Resolution Rejecting The Bid Received For The Repair Of Utility Cuts In Flexible Base Streets (2) P.R. No. 17659 - A Resolution Authorizing The Execution Of An Annual Contract For High Density Polyethylene (HDPE) Pipe With HD Supply Waterworks, Ltd Of Beaumont, Texas In An Amount Not To Exceed $25,000. Accounts 001 - 1204 - 531.34 -00 And 001 -1204- 531.84 -00 (3) P.R. No. 17660 - A Resolution Authorizing The Execution Of An Annual Contract For Concrete Pipe & Boxes With ACT Pipe & Supply Of Beaumont, Texas In An Amount Not To Exceed $100,000. Accounts 001 - 1204 - 531.34 -00 And 001 - 1204 - 531.84 -00 (4) P.R. No. 17695 - A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $10,981.20 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1827 (5) P.R. No. 17697 - A Resolution Authorizing Execution Of A Homebuyer's Written Agreement For The Purchase Of 4506 Aspen Lane, Port Arthur, Texas Through The City's Homebuyer's Assistance Program (6) P.R. No. 17698 - A Resolution Authorizing Execution Of A Homebuyer's Written Agreement For The Purchase Of 4512 Aspen Lane, Port Arthur, Texas Through The City's Homebuyer's Assistance Program (7) P.R. No. 17707 - A Resolution Awarding A Quote From 1 Choice Procurement Solutions, LLC, Of Chesterbrook, Pennsylvania In The Not To Exceed Amount Of $6,845.60 For FY 2013 Periodical Subscriptions; Funding Available In Account No. 001- 1403 - 551.47 - 02 3 - I AGENDA JUNE 11, 2013 VI. CONSENT AGENDA - CONTINUED (8) P.R. No. 17708 - A Resolution Authorizing The Purchase Of A 3/4 Ton Service Truck From Philpott Motors Of Nederland, Texas For The Electrical Division Through Buyboard In The Amount Of $36,662.61, Account 625 - 1801 - 533.93 -05 (9) P.R. No. 17709 - A Resolution Authorizing The City Manager To Execute The Second Year (1 Renewal) Of The Agreement With Crowder Gulf Of Theodore, Alabama For Debris Removal & Emergency Services For The City Of Port Arthur In The Event Of An Emergency Or Disaster (10) P.R. No. 17710 - A Resolution Authorizing The City Manager To Execute Settlement Of A Claim In The Amount Of $22,563.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Damage To The Amos Evans Gym /Multipurpose Building (11) P.R. No. 17711 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Place A Billboard Ad In The Houston Market For Six (6) - Four (4) Week Periods Using Cornerstone Advertising & Design Of Beaumont, Texas, For Creating A Billboard Message And Agency Fees For Billboard Research, Preparation Of Contract And Monitoring Of Billboard During Rental Period In An Amount Not To Exceed $7,711.74 (12) P.R. No. 17712 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An On- The -Job Training Contract With BOD Environmental For Reimbursement Of 50% Of The Training Cost For Port Arthur Residents Not To Exceed $16,500 (13) P.R. No. 17713 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Execute Change Order 02 To The Contract Between PAEDC And R.L. Abatement, Inc. For Asbestos, Lead And Mold Abatement At 501 Procter Street; Increasing The Contract Term By 15 Days And The Contract Amount By $17,900.00 To A New Total Of $264,300 4 AGENDA APRIL 16, 2013 VI. CONSENT AGENDA - CONTINUED (14) P.R. No. 17715 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Pay An Invoice In The Amount Of $35,018.77 From Entergy, Texas, Inc. For The Purchase And Installation Of A Transformer And Eight (8) Street Lights And Poles In The Spur 93 Business Park On Kerry "Twin" Thomas Drive (120- 1429 - 582 - 59.02) (15) P.R. No. 17716 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Be A Sponsor At The World Trade 100's 3rd Annual Logistics Development Forum In Park City, Utah In The Amount Of $5,600 (16) P.R. No. 17717 - A Resolution Authorizing The Purchase Of Sewage Pumps For The Utility Operations Department From Smith Pump Company, Inc., Of Houston, Texas, In The Total Amount Of $107,169.50. Funds Are Available In Account No. 428 -1625- 532.83 -00 (17) P.R. No. 17718 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (18) P.R. No. 17719 - A Resolution Authorizing Execution Of A Homebuyer's Written Agreement For The Purchase Of 2334 5 Street, Port Arthur, Texas Through The City's Homebuyer's Assistance Program (19) P.R. No. 17722 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Place A Billboard Ad In The Houston Market For Six (6) - Four (4) Week Periods Using CBS Outdoor Billboard Of Houston, Texas To • Produce A Vinyl Design And For Placement Of Billboard At A Cost Not To Exceed $42,554.27 (20) P.R. No. 17723 - A Resolution Ratifying The Waiver Of Penalties And Interest In The Amount Of $89.41 By The Jefferson County Commissioners' Court Per Section 33.011 Of The State Property Tax Code 5 AGENDA APRIL 16, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions - None B. Ordinances (1) P.O. No. 6323 - 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) Report On Equipment And Monies Owed To City By Former Councilmember (2) Report On Maintenance And Cleaning Of Taylor Bayou Boat Ramp (Requested By Councilmember Lewis) (3) Report On Post Ordinance Approval Procedures And Custody (Requested By Councilmember Lewis) (4) Report On Disposal Of Tires (Requested By Councilmember Thomas) 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 ": 6 AGENDA APRIL 16, 2013 IX. *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 551.071 Government Code - To Discuss With The City Attorney Potential Litigation For Violations Of Chapter 34 Of The City Of Port Arthur Code Of Ordinances And The Collection Of Fees Owed To The City (2) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (Procter Street Properties, Inc.) (3) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And /Industrial Business Prospects Regarding A Retail Development Near Memorial Boulevard And Highway 365 *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 June 12, 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 shaft 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 Reauestino 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.