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HomeMy WebLinkAboutJULY 23, 2013 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR FLOYD T. JOHNSON ROBERT E. WILLIAMSON, MAYOR PRO TEM City of G` , f CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD RAYMOND SCOTT, JR._ CITY SECRETARY ELIZABETH "LIZ" SEGLER p r t r t i it r MORRIS ALBRIGHT VAL TIZENO ROBERT TROY TCXQS CITY ATTORNEY WILLIE "BAE" LEWIS, JR DERRICK FREEMAN KERRY "TWIN" THOMAS AG E N DA City Council Regular Meeting July 23, 2013 5:3o 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 -8128 City Council Meeting City Hall Council Chamber City Of Port Arthur July 23, 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 July 8, 2013 Special Meeting July 9, 2013 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Kurt Washington Regarding Invoice For 9 Avenue Sidewalks (2) Jonathan Pressey And Gary Stelly Regarding Streets, Injury, Civil Neglect And False Arrest (3) Jack Chatman Regarding Standing Water And Community Relations III AGENDA JULY 23, 2013 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations Presentation Regarding Rose Hill Manor C. Employee Recognition D. Correspondence 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. Resolutions — Consent (1) P.R. No. 17693 — A Resolution Authorizing The City Manager To Execute Change Order 03 To The Contract Between The City Of Port Arthur And The Nelson Collaborative For Renovations To The Transit Facility Decreasing The Contract Amount By $500.00 To A New Total Of $95,294.40 2 AGENDA JULY 23, 2013 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 17694 — A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And GADV, Inc. DBA L & L General Contractors Of Beaumont, Texas For The Construction Of The Transit Auto Scrubber Facility, Increasing The Contract Amount By $4,615.50 To A New Total Of $795,616.50 (Account No. 402 - 1508 - 561.82 -00, Grant Nos. TX -96 -X042, TX -96 -X040, TX -96 -X859, ALI Nos. 11.44.02 And 11.44.03) (3) P.R. No. 17749 — A Resolution Authorizing The City Manager To Execute Change Order 02 To Contract Between The City Of Port Arthur And The Nelson Collaborative For Engineering And Design Of The Transit Department's Auto - Scrubber Facility Decreasing The Contract Amount By $2,875.00 To A New Total Of $60,042.60 (Project Nos. TX 96 -X040, TX 96 -X042, TX 90- X2013). (4) P.R. No. 17773 — A Resolution Authorizing The City Manager To Enter Into A Contract With JJCM Enterprises, Inc. D /B /A Park Avenue Cleaners Of Port Arthur, Texas, For Police Uniform Cleaning Services In A Not To Exceed Annual Amount Of $46,750. Funds Are Available In Account No. 001 - 1101- 521.26 -00 (5) P.R. No. 17776 — A Resolution Authorizing The City Manager To Enter Into A Contract With American Personnel & Temps.,Of Beaumont, Texas, For Providing School Crossing Guard Services For The Police Department In A Not To Exceed Amount Of $66,727.30 Annually. Funding Available In Account No. 001 - 1101 - 521.54 -00 (6) P.R. No. 17777 — A Resolution Authorizing The Fire Department To Purchase Two Defibrillator /Monitors From Zoll Medical Corporation Of Chelmsford, MA In The Total Amount Of $52,331.10. Funding From Account No. 001 - 1121 - 522.92 -00 3 AGENDA JULY 23, 2013 VI. CONSENT AGENDA - CONTINUED (7) P.R. No. 17782 — A Resolution Authorizing The City Manager To Enter Into A Contract With Affordable Lawn And Tractor Service Of Port Arthur, TX For Grass Cutting Services And Landscape Maintenance At The West Side Community Complex, In An Amount Not To Exceed $6,500. Funding Available In Account No. 001- 1061- 518.31 -00 (8) P.R. No. 17783 — A Resolution Authorizing The City Manager To Enter Into A Contract With Affordable Lawn And Tractor Service Of Port Arthur, TX For Grass Cutting Services And Landscape Maintenance At The Sabine Pass Community Center And Lions Park, In An Amount Not To Exceed $8,500. Funding Available In Account No. 001 - 1061 - 518.31 -00 (9) P.R. No. 17784 — A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding With The Texas Engineering Extension Service (TEEX) And Captain Troy Irvine To Serve And Respond As A Member Of Texas Task Force One (10) P.R. No. 17786 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (11) P.R. No. 17789 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Arceneaux & Gates Consulting Engineers, Inc. Of Port Arthur, Texas For Construction Phase Services For The "Sabine Pass Metering Facility And SH 87 Water System Improvements From Keith Lake To Sabine Pass Stand Pipe" In The Not To Exceed Amount Of $425,190 (12) P.R. No. 17791 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Kelly Elderidge To Provide Contract Services For The City's Department Of Utility Operations 4 AGENDA JULY 23, 2013 VI. CONSENT AGENDA - CONTINUED (13) P.R. No. 17794 — A Resolution Authorizing A Contract Between The City Of Port Arthur And National Networks, LLC Of Nederland, Texas For A Telephone System At The Armory Building Located At 3451 57 Street In The Not To Exceed Amount Of $15,150.11. Account 306 - 1606- 591.59 -00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 17732 — A Resolution Appointing Or Reappointing A Member Or Members And Officers To The Port Arthur Industrial Development Corporation (2) P.R. No. 17778 — A Resolution Of The City Council Of Port Arthur, Texas, In Support Of A Proposal By Entergy Texas, Inc. And ITC Holdings Corp. Regarding The Change Of Ownership And Control Of Transmission Business, Transfer Of Certification Rights, And Related Relief In Public Utility Commission Docket No. 41223 Upon Guarantee Of Enumerated Conditions (3) P.R. No. 17779 — A Resolution Amending Resolution Number 13- 175, As It Pertains To The 2013 Community Development Block Grant Allocation Increasing The Contract Amount From $1,061,338 To $1,074,229 (4) P.R. No. 17781 — A Resolution Amending Resolution Number 13- 176 To Include Projects Listed In P.R. Number 17779, And To Increase Community Development Block Grant From $1,061,338 To $1,074,229 And Reduce Home Funds From $248,171 To $206,809 (5) P.R. No. 17792 — A Resolution Authorizing A Change In The Make - Up Of The Golf Course Committee To Add Two (2) Citizen Appointments 5 AGENDA JULY 23, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT - CONTINUED B. Ordinances — None C. Reports And Recommendations (1) Report On Industrial Contract Prepayments (Requested By Councilmember Lewis) (2) A Discussion On Council Communications With The Media On Behalf Of The Entire City Council (Requested By Councilmember Scott) (3) A Written Opinion On The Legality Of The Signatures That Effect The Rezoning Of The Edison Property (Requested By Councilmember Lewis) (4) Report On Conflict Of Interest By Councilmember's And The Legality Of Said Conflicts Of Interest (Requested By Councilmember Lewis) 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 July 24, 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.