HomeMy WebLinkAboutSEPTEMBER 3, 2013 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR E FLOYD T. JOHNSON
ROBERT E. WILLIAMSON, MAYOR PRO TEM City of �` CITY MANAGER
COUNCIL MEMBERS: \ )Q� SHERRI BELLARD
RAYMOND SCOTT, JR. CITY SECRETARY
ELIZABETH "LIZ" SEGLER p rt pt u
MORRIS ALBRIGHT VAL TIZENO
ROBERT TROY 1TCJGQS CITY ATTORNEY
WILLIE "BAE" LEWIS, JR
DERRICK FREEMAN
KERRY "TWIN" THOMAS
AG E N DA
City Council
Regular Meeting
September 3, 2013
8:3o a.m.
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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
SEPTEMBER 3, 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
August 20, 2013 Special Executive Meeting
August 20, 2013 Regular Meeting
III. PETITIONS & COMMUNICATIONS
A. Speakers - None
AGENDA
SEPTEMBER 3, 2013
III. PETITIONS & COMMUNICATIONS - CONTINUED
B. Presentations
Raynold Richardson, Housing Director, Multi - Family Program
Center, Regarding A Project Based Rental Assistance Program
C. Employee Recognition
Water Distribution Division
D. Correspondence - None
IV. PUBLIC HEARINGS - 9:00 A.M.
(1) To Consider A Zoning Change From Single Family "SF" To Light
Commercial "LC" At 5000 Gulfway Drive, City Of Port Arthur,
Jefferson County, Texas
(2) To Consider Granting A Specific Use Permit Allowing 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)
(3) To Consider A Proposal To Increase Total Tax Revenues From
Properties On The Tax Roll In The Preceding Tax Year By 1.37
Percent (Percentage By Which Proposed Tax Rate Exceeds Lower
Of Rollback Tax Rate Or Effective Tax Calculated Under Chapter
26, Tax Code)
V. UNFINISHED BUSINESS - None
The Following Items Of Business Were Held From The Previous Meeting
At Which No Action Was Taken On These Items: - None
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AGENDA
SEPTEMBER 3, 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) Consideration And Approval Of Payment To S.E. Texas Lawn &
Maintenance In The Amount Of $855.00 For An Additional Cut For
Areas Known As Groups 3B And 6
(B) Expense Reports:
(1) Mayor Deloris "Bobbie" Prince:
Attended Public Officials Liability Workshop
Austin, TX, August 22 -23, 2013 $286.85
(2) Mayor Deloris "Bobbie" Prince:
Attended TXDOT Meeting
Austin, TX, August 28 -29, 2013 $309.85
(3) Mayor Pro Tem Robert E. "Bob" Williamson:
Attended Public Officials Liability Workshop
Austin, TX, August 22 -23, 2013 $579.61
(4) Municipal Court Judge Kermit C. Morrison:
Attended Annual Legislative Update
Houston, TX August 19, 2013 $287.00
Resolutions - Consent
(1) P.R. No. 17621 - A Resolution Calling For A Public Hearing To
Consider Removing Fixed Route Services In The Port Acres, El
Vista, And Palomar Areas And Implementing And Replacing This
Service With A Call In Service
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3
AGENDA
SEPTEMBER 3, 2013
VI. CONSENT AGENDA - CONTINUED
(2) P.R. No. 17771 — A Resolution Authorizing A Contract For The
Services Of Gayle W. Botley, Certified Public Accountant, As
Independent Auditor For The City Of Port Arthur In An Amount Not
To Exceed $70,000 For The Year Ending September 30, 2013.
Account #001- 1031 - 515.54 -00
(3) P.R. No. 17801 — A Resolution Authorizing The Execution Of A
Contract With Affordable Lawn Care Of Port Arthur, Texas Until
December 31, 2013 For Grass Cutting Services Of Privately -Owned
And City -Owned Vacant And Developed Lots In An Area Of The City
Designated As Area D -1, In The Not To Exceed Amount Of $45,000
To Be Charged To Account No. 001- 1304 - 541.59 -00
(4) P.R. No. 17809 — A Resolution Authorizing The Purchase Of Two
(2) 2014 Dodge RT Grand Caravan SE Braun Commercial Entervan
Vehicles For The Transit Department From Creative Bus Sales Of
Irving, Texas, In The Amount Of $93,850; Funding Available In
"ARRA" Capital Budget Account No. 402 - 1508 - 561.93 -00
(5) P.R. No. 17824 — A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
(6) P.R. No. 17839 — A Resolution Authorizing The City Manager To
Enter Into A Contract For Grass Cutting Services For Pleasure
Island With Joey's Tractor Service Of Port Arthur, Texas; Funding
Available In Pleasure Island Operational Funds
(7) P.R. No. 17841 — A Resolution Authorizing The City Manager To
Enter Into A Contract For Disclosure Services With FSC Continuing
Disclosure Services, A Division Of First Southwest Company
Account #001 - 1031 - 515 -54.00
(8) P.R. No. 17850 — A Resolution Calling For A Public Hearing To
Consider Making The Transit Department's Pilot Program Of Early
Service At Central Mall Permanent
4
AGENDA
SEPTEMBER 3, 2013
VI. CONSENT AGENDA - CONTINUED
(9) P.R. No. 17860 — A Resolution Authorizing The Purchase Of Flood
Coverage For Fire Station #4 And Fire Garage In Sabine Pass
Through Wright National Insurance Company In The Amount Of
$69,498.00 Per Annum. Proposed Funding By General Liability
Insurance Fund 612 - 1702- 581.52 -00
(10) P.R. No. 17861 — A Resolution Authorizing The City Manager To
Enter Into A Contract With RWL Group For Risk Management
Consulting Services At The Not To Exceed Cost Of $18,000.00 For
The 2013 -2014 Fiscal Year. Funding By General Liability Insurance
Fund 612 - 1702 - 581.52 -00
(11) P.R. No. 17862 — A Resolution Authorizing The City Manager To
Execute An Interlocal Contract With The City Of Beaumont,
Jefferson County, Jasper County, And Orange County To Secure
Grant Funding From The State Of Texas Automobile Theft
Prevention Authority For Operation Of The Southeast Texas Auto
Theft Task Force
(12) P.R. No. 17865 — A Resolution Authorizing The Third (3 Year
Renewal Of The Application Services Provider Agreement With
Sungard Public Sector, Inc., In A Not To Exceed Amount Of
$172,640 For The 2013 -2014 Fiscal Year; Funding Available In
Account No. 001 - 1034 - 515 -54.00
(13) P.R. No. 17868 — A Resolution Authorizing The City Manager To
Execute Change Order No. 1 Between The City Of Port Arthur And
Excavators & Constructors, Ltd. And Change Order Order No. 1
With The General Land Office (GLO) For The Highway 87 Water
Transmission Line Project, Increasing The Contract Amount By
$64,286.50 To A New Total Of $2,382,989; Project No. 121SPW,
144 - 1201 - 532.59 -00
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AGENDA
SEPTEMBER 3, 2013
VI. CONSENT AGENDA - CONTINUED
(14) P.R. No. 17869 — A Resolution Authorizing The City Manager To
Execute Contracts Between Its Third Party Administrator
(Administrative Services Only) For The City Of Port Arthur Group
Medical, Dental Insurance; For Basic Life, For Basic Accidental
Death And Dismemberment, And Excess Loss Indemnity With Blue
Cross And Blue Shield Of Texas, Inc. Fund No.(S) 614 - Health
Insurance Fund
(15) P.R. No. 17870 — A Resolution Approving Amendment Six (6) To
The Texas Nurse - Family Partnership Program Agreement Between
The Health And Human Services Commission And The City Of Port
Arthur For FY 2014
(16) P.R. No. 17871 — A Resolution Authorizing The City Manager To
Enter Into A One (1) Year Service Agreement Between The City Of
Port Arthur And Star Graphics Of Beaumont, Texas For A 40 PPM
B/W Copier Model MX -B402 For The Vital Statistics Division For A
Not To Exceed Cost Of $500. Funds Available In Account No. 001-
1301- 541 -42 -00
(17) P.R. No. 17872 — A Resolution To Approve The FY 2013 -2014
Contract Between The City Of Port Arthur And The Texas
Department Of State Health Services For Primary Health Care Grant
Funds In The Amount Of $100,000
(18) P.R. No. 17879 — A Resolution Authorizing An Amendment To The
Blanket Purchase Order For Fire Department Boots, Gloves,
Helmets, And Hoods With Dooley Tackaberry, Inc. Of Deer Park,
Texas In A Total Amount Not To Exceed $12,000. Funding From
Account No. 001 -1121- 522.26 -00
(19) P.R. No. 17880 - A Resolution Authorizing The City Manager To
Execute Change Order No. 01 To The Contract Between The City
Of Port Arthur And Basco Construction, Inc. For The Renovation To
The Port Arthur Armory-Phase I, Increasing The Contract Amount
By $23,279 To A New Total Of $146,176.00, Increasing The
Contract Term By 10 Days To A New Term Of 78 Days. Account
No. 306 - 1606 - 591.59 -00
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AGENDA
SEPTEMBER 3, 2013
VI. CONSENT AGENDA - CONTINUED
(20) P.R. No. 17881 — A Resolution Authorizing The City Manager To
Execute Change Order 03 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 $77,068.24 To A New Total Amount Of
$628,823.81 And Lengthening The Contract Term By 18 Days To A
New Total Of 168 Days. Accounts 001 - 1203 - 531.86 -01 And 001-
1203- 531.86 -00
(21) P.R. No. 17882 — A Resolution Authorizing The City Manager To
Execute A Contract Between The City Of Port Arthur And Port
Arthur Logistics Of Port Arthur, Texas, For The Demolition And Site
Preparation Of Four (4) Properties In The Amount Of $14,000;
Account No. 108 - 2141 - 626.59 -00 HE1002
(22) P.R. No. 17883 — A Resolution Authorizing The City Manager To
Execute A Contract For Phase II Of The Performance Contracting
Agreement Between The City Of Port Arthur And Siemens Industry,
Inc., Building Technologies Division To Improve The HVAC
Infrastructure Building Wide At The Police Department
(23) P.R. No. 17889 — 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 "24 Inch Water Line From 19
Street To Sabine - Neches Canal" In The Not To Exceed Amount Of
$401,160
(24) P.R. No. 17890 — 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
Professional Services Related To The Preparation Of An Application
To The Texas Water Development Board For Wastewater
Improvements Funding Under The State Fiscal Year 2014 Clean
Water State Revolving Fund In The Not To Exceed Amount Of
$22,500. Account 410 - 1251 - 532.54 -00
AGENDA
SEPTEMBER 3, 2013
VI. CONSENT AGENDA - CONTINUED
(25) P.R. No. 17891 — A Resolution Authorizing A Consulting Contract
For The Services Of Gabriel Roeder Smith & Co., Consultants &
Actuaries (GRS) Related To The City's Other Post Employment
Benefit (OPEB), Retiree Health Insurance Plan In An Amount Not
To Exceed $10,000. Account No. 614 - 1701 - 583.52 -00
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT
A. Resolutions
(1) P.R. No. 17833 — A Resolution Approving Change Order No. 2 To
The Agreement Between The City Of Port Arthur Section 4A
Economic Development Corporation And Total Safety For The
Asbestos /Lead /Mold Consulting Services At 501 Procter Street In
The Amount Of $8,600 Bringing The Total Contract Price To
$43,500; Funding Available In Account No. 120 - 1429 - 582.54.00
(2) P.R. No. 17863 — A Resolution Authorizing The Execution Of An
Approval Letter And Related Documents For The Issuance Of
Private Activity Bonds Pursuant To Section 147(F) Of The Internal
Revenue Code, On Behalf Of The Port Arthur Housing Opportunity
Corporation, An Instrumentality Of The Port Arthur Housing
Authority
(3) P.R. No. 17866 - A Resolution Appointing And /Or Reappointing A
Member Or Members To The Civil Service Commission Of The City
Of Port Arthur
(4) P.R. No. 17884 - A Resolution Confirming The Appointment Of
Graciela Alvarez As A Member Of The Civil Service Commission Of
The City Of Port Arthur For A Term Ending September 3, 2016
(5) P.R. No. 17885 — A Resolution Approving An Agreement Between
The City Of Port Arthur Section 4A Economic Development
Corporation And Total Safety For The Asbestos /Lead /Mold
Consulting Services At 501 Procter Street Specifically Related To
The Basement In The Not To Exceed Amount Of $6,300; Funding
Available In Account No. 120 - 1429 - 582.54 -00
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AGENDA
SEPTEMBER 3, 2013
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT -
CONTINUED
(6) P.R. No. 17886 — A Resolution Authorizing Payment Of A Deposit Of
$25,000.00 To HEDC New Markets, Inc. For The New Markets Tax
Credit Financing For The Redevelopment Of The Old First National
Bank Building (501 Procter Street). Funds Available In Account No.
120 - 1429 - 582 -54.00
(7) P.R. No. 17887 - A Resolution Approving The Amended By -Laws Of
The Downtown Renaissance District Board
(8) P.R. No. 17888 - A Resolution Appointing And /Or Reappointing A
Member Or Members To The Beautification Commission
(Requested By Councilmember Segler)
B. Ordinances
(1) P.O. No. 6334 - An Ordinance Amending Section 114 -134 Of Article
IV (Wreckers) Of Chapter 114 (Vehicle For Hire) Of The Code Of
Ordinances Of The City Of Port Arthur
VIII. DISCUSSION - WORKSHOP
To Discuss The Proposed 2013 - 2014 Budget
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 ":
9
AGENDA
SEPTEMBER 3, 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 551.072 Government Code - To Discuss The Value Of
Land On Pleasure Island
(2) Section 551.087 Government Code - To Discuss Incentives For
Commercial, Residential, And /Industrial Business Prospects [BK PA,
Ltd.]
*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 September 4, 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
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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 Reouestina 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.