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HomeMy WebLinkAboutAUGUST 6, 2013 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR 1 FLOYD T. JOHNSON ROBERT E. WILLIAMSON, MAYOR PRO TEM City of 'n CITY MANAGER COUNCIL MEMBERS: BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER O T t I't h u 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 August 6, 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 City Council Meeting City Hall Council Chamber City Of Port Arthur AUGUST 6, 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 July 23, 2013 Special Executive Meeting July 23, 2013 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Harold L. Doucet, Sr. Regarding CDBG Funds For Streets (2) G.A. Clement Tervalon Regarding A Plea For Unity Among Councilmembers (3) Cuevas Peacock Regarding A Westside Grocery Store AGENDA AUGUST 6, 2013 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations (1) Presentation By Timothy Barnes, AIA And Dr. Albert Thigpen, CPRP Regarding The Historic Assessment Report For Rose Hill Manor (2) Presentation By Dr. Janis Hutchins Regarding Port Arthur Business Enterprise (3) Presentation By Carl Parker Regarding Downtown Renaissance District Board Bylaws C. Employee Recognition (1) Chandra Alpough And Cheryl Gibbs - National Certified Parks And Recreation Professionals (2) Ronnie Fisher, Newly Certified Inspector 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: 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. 17792 - A Resolution Authorizing A Change In The Make - Up Of The Golf Course Committee To Add Two (2) Citizen Appointments 2 AGENDA AUGUST 6, 2013 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) Expense Reports: Councilmember Robert Troy Attended Newly Elected Officials Orientation San Antonio, TX, July 25 -27, 2013 $1,017.19 Resolutions - Consent (1) P.R. No. 17480 - A Resolution Requesting Approval And Implementation Of New And Updated Policies And Procedures For The City Of Port Arthur's Transit Department Required By The Federal Transit Administration (2) P.R. No. 17597 - A Resolution Authorizing The City Manager To Execute A Contract With The Nelson Collaborative Of Houston, Texas For The Engineering, Design And Construction Administration For The Expansion Of Two Softball Fields At SSGT. Lucian Adams Park To Competition Level In The Amount Not To Exceed $56,930.00 Funding: 120 - 1429 - 582.59 -05, Acct No. E D 1303 (3) P.R. No. 17696 - A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $21,298.12 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To City Garbage Truck #1630 (4) P.R. No. 17748 - A Resolution Awarding A Contract To A -1 American Fence, Inc. Of Orange, Texas, In The Amount Of $17,150 For Repair Of The Interior Fence And Repair Of The West Exterior Fence At The Animal Shelter (Phase 1 Repairs), To Be Charged To Account No. 001 - 1401 - 551.32 -00 3 AGENDA AUGUST 6, 2013 VI. CONSENT AGENDA - CONTINUED (5) P.R. No. 17750 - A Resolution Authorizing The City Manager To Enter Into A Contract With C & C Demo, Inc., Of Orange, Texas, In The Amount Of $2,000 For Abatement And Debris Removal At 338 And 344 1/2 Procter Street. Account 401 - 1509 - 561.89 -00, Grant TX90 - Y106, ALI - 11.43.01 (6) P.R. No. 17772 - A Resolution Authorizing The City Manager To Enter Into A Non - Exclusive Professional Planning And Consulting Services Contract With Witt O'Brien's, LLC, Washington D.C., As To Provide Strategic Advisory, Crisis Management And Preparedness Services In The Event Of An Emergency Or A Disaster (7) P.R. No. 17774 - A Resolution Authorizing The City Manager To Execute The Second Year (1 Renewal) Of The Agreement With WittIO'Brien's, LLC (Formerly O'Brien's Response Management Inc.) Of Fort Lauderdale, Florida For Debris Monitoring For The City Of Port Arthur In The Event Of An Emergency Or Disaster (8) P.R. No. 17780 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract With Sandra's Enterprises, Inc., Of Port Arthur, Texas, For Grass Cutting Services At The Spur 93 Business Park, In The Not To Exceed Amount Of $12,000. Funds Available In Account Number 120 -1429- 582.59 -02 (9) P.R. No. 17803 - A Resolution Rescinding Resolution No. 13 -237 In Its Entirety, Which Authorized The 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 (10) P.R. No. 17805 - A Resolution Authorizing The Execution Of A Contract For Wastewater Laboratory Services For The Utility Operations Department With CHEMTEX Of Port Arthur, Texas, In The Total Annual Amount Of $12,075. Funds Are Available In Account No. 410 - 1256- 532.54 -00 4 AGENDA AUGUST 6, 2013 VI. CONSENT AGENDA - CONTINUED (11) P.R. No. 17807 - A Resolution Calling For A Public Hearing To Consider Granting Specific Use Permit 219 (SUP #219) Allowing For A Barber Shop In A Two - Family Zoned District, 0.1607 Acre Of Land Consisting Of Lot 4, Block 588, Model Addition (A.K.A. 3632 Thomas Boulevard), Port Arthur, Jefferson County, Texas Z13 -05 [SUP #219] (12) P.R. No. 17808 - A Resolution Calling For A Public Hearing To Consider A Zoning Change From Single Family To Light Commercial For A 6.531 Acre Tract Of Land Out Of And A Part Of Lot 5, Block 3, Range "F ", Port Arthur Land Company Subdivision (Located At 5000 Gulfway Drive), City Of Port Arthur, Jefferson County, Texas (13) P.R. No. 17812 - A Resolution Authorizing The City Manager To Execute Change Order 02 To The Contract Between The City Of Port Arthur And Excavators & Constructors, LTD. For Reconstruction Of Cambridge Avenue From SH 73 To DD #7 Bridge, Increasing The Contract Amount By $32,387.17 To A New Total Amount Of $551,755.57. Account 001 - 1203 - 531.86 -01 (14) P.R. No. 17814 - A Resolution Authorizing A One (1) Year Contract, With The Option Of Renewal For Two Additional Years, With Otis Elevator Company Of Beaumont, Texas Through Buyboard For Maintenance Services For The Elevators In City Buildings In The Amount Of $2,000 Per Month, For An Annual Cost Of $24,000. Funds Are Available In Various Departmental Accounts (15) P.R. No. 17815 - A Resolution Authorizing A One (1) Year Contract, With The Option Of Renewal For Two Additional Years, With Southeast Service Co. Of Port Arthur, Texas For Maintenance Services For The Heating, Ventilation, & Air Conditioning Systems (HVAC) In City Buildings In The Not To Exceed Amount Of $30,000. Funds Are Available In Various Departmental Accounts 5 AGENDA AUGUST 6, 2013 VI. CONSENT AGENDA - CONTINUED (16) P.R. No. 17817 - A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The Gulf Storage Tanks Project With MK Constructors, Of Vidor, Texas, In The Amount Of $1,924,900.00, Project No. I21GST, 144- 1201 - 532.85 -00 (17) P.R. No. 17818 - A Resolution Authorizing The City Manager To Enter Into An Acquisition Agreement And Maintenance Agreement For The Purchase Of A Canon C7270 Copier From Canon Solutions America Of Beaumont, Texas, Through Texas Department Of Information Resources (TXDIR) Contract No. DIR- SDD -1662, For The City Secretary/Elections Department In An Amount Of $19,533 For The Purchase, And Annual Maintenance In The Not To Exceed Amount Of $2,000; Funds Available In Account No. 001 - 1011- 513.92 -00 (18) P.R. No. 17819 - A Resolution Authorizing The City Manager To Execute A One Year Agreement Between The City Of Port Arthur And Imagenet Consulting For Maintenance On Laserfiche Software Application In The Amount Of $8,974; Funding Available In Account No. 001 - 1034- 515 -54.00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 17787 - A Resolution Amending Resolution Number 13- 323 As It Pertains To The 2013 Community Development Block Grant Allocation, Which Increased The Contract Amount From $1,061,338 To $1,074,229 (Requested By Councilmember Albright) (2) P.R. No. 17806 - A Resolution Authorizing The City To Enter Into An Agreement With Sungard Public Sector, Inc. To Perform A One - Time Conversion Of The City's Land /Parcel Management (LX) System In The Not To Exceed Amount Of $20,000. Funding Is Available In Account Number 001 - 1051 - 517.54 -00 6 AGENDA AUGUST 6, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT - CONTINUED (3) P.R. No. 17821 - A Resolution Amending Resolution Number 13- 324 To Include Projects Listed In P.R. Number 17787, Which Increased The Community Development Block Grant From $1,061,338 To $1,074,229 And Reduce Home Funds From $248,171 To $206,809 (Requested By Councilmember Albright) B. Ordinances (1) P.O. No. 6327 - An Ordinance Amending Section 2 -31 Of The Code Of Ordinances By Adding Subsection (H) As It Pertains To Reports And Recommendations (Requested By Councilmember Albright) (2) P.O. No. 6329 - An Ordinance Authorizing The City Manager To Execute The First Year Of A Contract With J -3 Metals Of Vidor, Texas For The Hauling & Recycling Of Scrap Metal & White Goods With The Option Of Renewal For Two Additional Years C. Reports And Recommendations (1) Quarterly Financial Report (2) Report Regarding Discussion Of The 2013 City Streets Program, The Streets Repaired And Under Construction And The Amount Of Funds Used (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 ": 1 AGENDA AUGUST 6, 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 With Texas Gas Service (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation With Entergy (3) Section 551.072 Government Code - To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (4) Section 551.072 Government Code - To Discuss The Value Of Land At 5924 Jade Avenue And 3501 12 Street (5) 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 August 7, 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 ************************************************************* * *** * *** * *** **** ******** * **** ** 8 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.