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Home My WebLink AboutREGULAR MEETING-MAY 28, 2013 5:37 P.M. REGULAR MEETING — May 28, 2013 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Freeman gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, May 28, 2013 at 5:37 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Robert E. "Bob" Williamson; Councilmembers Raymond Scott, Jr., Elizabeth "Liz" Segler, Morris Albright, III, Robert Troy, Willie "Bae" Lewis, Jr., Derrick Freeman and Kerry "Twin" Thomas; City Manager Floyd T. Johnson, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Mark Blanton. II. PROCLAMATIONS & MINUTES Proclamations The Mayor issued the following proclamation: May 28, 2013 as "Men's Health Month Awareness Day" • Minutes - None III. PETITIONS & COMMUNICATIONS A. Speakers - None (1) Gail Pellum Regarding Juneteenth 2013 Ms. Gail Pellum and Vera Lee Williams appeared before the City Council to discuss the above - mentioned topic. (2) Gloria Sanchez Regarding Concerns With The City's Procurement Process Ms. Gloria Sanchez, 4641 Lexington Avenue, appeared before the City Council to discuss the above - mentioned topic. 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 The Mayor introduced the above - mentioned Public Hearing at 6:03 p.m. Planning Director Rob Burton and Senior Planner Paul Brown appeared before the City Council and gave an overview of the above - mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above - mentioned item. The following citizens appeared before the City Council in opposition to the proposed zoning change: Mr. William Tyrrell, 3330 12 Street Mr. Leron Hanchette, 5620 16 Street Mr. Reginald Trainer, 3514 E. 12 Street The following citizens appeared before the City Council in favor of the proposed zoning change: Mr. Chris Akbari, ITEX Group, 3735 Honeywood Trail Ms. Sharon Adams, 2600 Bridal Path Ms. Colleta Massey, 3241 14 Street Upon the motion of Councilmember Freeman, seconded by Councilmember Thomas and carried unanimously, the City Council closed the Public Hearing at 7:19 p.m. III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations (1) Presentation By Freese And Nichols Regarding The Enterprise GIS Implementation Program Mr. Richard Weatherby and Shad Comeaux of Freese and Nichols, Houston, Texas gave the above - mentioned presentation. (2) Blue Santa Presentation The above - mentioned presentation was removed from the agenda. C. Employee Recognition — None D. Correspondence - None VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent — Resolution (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 The Mayor introduced the above - mentioned Proposed Resolution. Upon the motion of Councilmember Williamson, seconded by Councilmember Thomas and carried, Proposed Resolution No. 17686 was adopted becoming Resolution No. 13- 229. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Troy, Lewis, Freeman and Thomas. Voting No: None. The caption of Resolution No. 13 -229 reads as follows: RESOLUTION NO. 13 -229 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 V. UNFINISHED BUSINESS P.R. No. 17576 — A Resolution Awarding A Contract To Total Safety, U.S., Inc. Of Nederland, Texas, For Asbestos City Council Minutes 2 Regular Meeting — May 28, 2013 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 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Thomas that Proposed Resolution No. 17576 be adopted. Purchasing Director Shawna Tubbs and Demolition Supervisor Darlene Thomas - Pierre appeared before the City Council to answer inquiries regarding the above - mentioned contract. Proposed Resolution No. 17576 was adopted becoming Resolution No. 13 -230. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Troy, Lewis, Freeman and Thomas. Voting No: None. The caption of Resolution No. 13 -230 reads as follows: RESOLUTION NO. 13 -230 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 Upon the motion of Councilmember Freeman, seconded by Councilmember Thomas and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 17554, 17556, 17691 and 17699: (A) Consideration And Approval Of Payment To Brazos Technology, Co /loge Station, Texas In The Amount Of $12,900.00 For Annual Software Maintenance Resolutions — Consent (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) Proposed Resolution No. 17612 was adopted becoming Resolution No. 13 -231. (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 Proposed Resolution No. 17618 was adopted becoming Resolution No. 13 -232. (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 City Council Minutes 3 Regular Meeting — May 28, 2013 Of $9,379.09. Transit Renovations Are Funded From Federal Transit Administration Allocated Funds — TX90X- X859, Account No. 401 - 1509 - 561.54 -00 Proposed Resolution No. 17638 was adopted becoming Resolution No. 13 -233. (6) P.R. No. 17684 — A Resolution Authorizing The City Manager To Execute An Agreement With Cell 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 Proposed Resolution No. 17684 was adopted becoming Resolution No. 13 -234. (8) P.R. No. 17689 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts Proposed Resolution No. 17689 was adopted becoming Resolution No. 13 -235. (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 Proposed Resolution No. 17692 was adopted becoming Resolution No. 13 -236. (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 Proposed Resolution No. 17700 was adopted becoming Resolution No. 13 -237. (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 Proposed Resolution No. 17701 was adopted becoming Resolution No. 13 -238. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT Consent - Resolutions (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 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Scott and seconded by Councilmember Freeman that Proposed Resolution No. 17554 be adopted. Human Resource Director Albert Thigpen appeared before the City Council to answer inquiries regarding the above - mentioned contract Proposed Resolution No. 17554 was adopted becoming Resolution No. 13 -239. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Troy, Lewis, Freeman and Thomas. City Council Minutes 4 Regular Meeting — May 28, 2013 Voting No: None. The caption of Resolution No. 13 -239 reads as follows: RESOLUTION NO 13 -239 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 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Thomas and seconded by Councilmember Freeman that Proposed Resolution No. 17556 be adopted. Human Resource Director Albert Thigpen appeared before the City Council to answer inquiries regarding the above - mentioned contract Proposed Resolution No. 17556 was adopted becoming Resolution No. 13 -240. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Troy, Lewis, Freeman and Thomas. Voting No: None. The caption of Resolution No. 13 -240 reads as follows: RESOLUTION NO. 13 -240 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 (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 City Council Minutes 5 Regular Meeting — May 28, 2013 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Thomas and seconded by Councilmember Freeman that Proposed Resolution No. 17691 be adopted. Public Works Director Ross Blackketter appeared before the City Council to answer inquiries regarding the above - mentioned change order. Proposed Resolution No. 17691 was adopted becoming Resolution No. 13 -241. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Troy, Lewis, Freeman and Thomas. Voting No: None. The caption of Resolution No. 13 -241 reads as follows: RESOLUTION NO. 13 -241 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 (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 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Thomas and seconded by Councilmember Freeman that Proposed Resolution No. 17699 be adopted. Interim Health Department Director Judith Smith appeared before the City Council to answer inquiries regarding the above - mentioned programs. Proposed Resolution No. 17699 was adopted becoming Resolution No. 13 -242. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Troy, Lewis, Freeman and Thomas. Voting No: None. The caption of Resolution No. 13 -242 reads as follows: RESOLUTION NO. 13 -242 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 City Council Minutes 6 Regular Meeting — May 28, 2013 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) The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Freeman that Proposed Resolution No. 17702 be adopted. The City Secretary read the names of the following appointees into the record: Shad Wise Aletha Kirkwood Eli Roberts Proposed Resolution No. 17702 was adopted, with the above - mentioned names added, becoming Resolution No. 13 -243. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Troy, Lewis, Freeman and Thomas. Voting No: None. The caption of Resolution No. 13 -243 reads as follows: RESOLUTION NO. 13 -243 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 The Mayor introduced the above - mentioned Proposed Ordinance. Upon the motion of Councilmember Williamson, seconded by Councilmember Thomas and carried Proposed Ordinance No. 6319 was adopted becoming Ordinance No. 13 -28. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Troy, Lewis, Freeman and Thomas. Voting No: None. The caption of Ordinance No. 13 -28 reads as follows: ORDINANCE NO. 13 -28 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 City Council Minutes 7 Regular Meeting — May 28, 2013 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) The Mayor introduced the above - mentioned Proposed Ordinance. Upon the motion of Councilmember Williamson, seconded by Councilmember Thomas and carried, Proposed Ordinance No. 6321 was adopted becoming Ordinance No. 13- 29. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Segler, Freeman and Thomas. Voting No: Councilmembers Scott, Troy and Lewis. The caption of Ordinance No. 13 -29 reads as follows: ORDINANCE NO. 13 -29 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) Councilmember Segler left the Regular Meeting. The City Manager gave the above - mentioned report. (2) Report Regarding City Council Premiums For Insurance Benefits (Requested By Councilmember Thomas) Councilmember Thomas gave the above - mentioned report. VIII. REPORTS OF BOARDS & COMMITTEES — None IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Thomas, seconded by Councilmember Freeman and carried unanimously, the City Council adjourned their meeting 9:10 p.m. An audio -tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR DELORIS "BOBBIE" PRINCE ATTEST: CITY SECRETARY SHERRI BELLARD City Council Minutes 8 Regular Meeting — May 28, 2013 f END OF REGULAR MEETING HELD May 28, 2013 APPROVED City Council Minutes 9 Regular Meeting — May 28, 2013