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HomeMy WebLinkAboutSEPTEMBER 17, 2013 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR F!!; - � FLOYD T. JOHNSON ROBERT E. WILLIAMSON, MAYOR PRO TEM City of ct, CITY MANAGER COUNCIL MEMBERS: �/ SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER O r t r t h iu r MORRIS ALBRIGHT Texas VAL TIZENO ROBERT TROY CITY ATTORNEY WILLIE "BAE" LEWIS, JR. DERRICK FREEMAN KERRY "TWIN" THOMAS AG E N DA City Council Regular Meeting September 17, 2013 5:3 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 September 17, 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 - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Warren A. Field Regarding Beverly Freeman Being Recognized For Her Professionalism By Senior Citizens (2) Mary E. Lathan Regarding Excessive Vegetation And Abandoned Properties AGENDA SEPTEMBER 17, 2013 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations Freese & Nichols With An Update Of The City's Comprehensive Plan C. Employee Recognition (1) Police Dispatcher LaTonya James and Deon Murdoch (2) Human Resource Director Albert Thigpen And Detective Mark Holmes D. Correspondence - None 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 (1) 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 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. 2 AGENDA SEPTEMBER 17, 2013 VI. CONSENT AGENDA — CONTINUED (A) Expense Reports: Assistant City Secretary Kelly Moore: Attended TMCCP Legislative Update August 14 -16, 2013, San Marcos, TX $1,010.93 Resolutions — Consent (1) P.R. No. 17813 — A Resolution Authorizing The Execution Of Contracts For Road Building Materials With T. B. Transport Services, LLC, APAC- Texas, Knife River Corporation, And Redwine Enterprises, Inc. For An Amount Not To Exceed $1,500,000. Various Departmental Accounts (2) P.R. No. 17816 —A Resolution Authorizing The City To Enter Into An Agreement With Freese And Nichols, Inc., For The Diagnostic Analysis And Report Of The City's Comprehensive Plan, Zoning And Subdivision Ordinances In The Not To Exceed Amount Of $28,000. Funding Is Available In Account Number 001 - 1051 - 517.54 -00 (3) P.R. No. 17842 — A Resolution Approving A Drinking Water Service Agreement Between The City Of Port Arthur And TOTAL Petrochemical & Refining USA, Inc., Port Arthur Plant (4) P.R. No. 17843 — A Resolution Rescinding Resolution Number 13- 404 In Its Entirety, Which Awarded A Contract To Port Arthur Logistics Of Port Arthur, Texas And Awarding And Authorizing The Execution Of A Contract To Lark Group Of Warren, Texas In The Amount Of $16,700 For The Demolition And Site Preparation Of Four (4) Dangerous Residential Properties. Funding From Account Number 108- 2141- 626.59 -00 HE1002 3 AGENDA SEPTEMBER 17, 2013 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 17845 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee For Port Plaza Drive Paving And Drainage Facilities And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (6) P.R. No. 17847 — A Resolution Terminating A Contract With Scraps & Metals Demo In The Amount Of $16,915, And Authorizing The Rebidding Of The Demolition Of One (1) Structure, Removal Of Demolition Debris From One (1) Structure, And The Maintenance On One (1) Property (Group C), To Be Charged To Account No. 105- 1431 - 552.59 -00 Project No. C36120 (7) P.R. No. 17848 — A Resolution Terminating A Contract With Scraps & Metals Demo In The Amount Of $14,971.20, And Authorizing The Rebidding Of The Maintenance On Two (2) Properties (Group C), To Be Charged To Account No. 105 - 1431- 552.59 -00 Project No. C36120 (8) P.R. No. 17849 — A Resolution Rescinding Resolution No. 13 -047 Which Awarded A Contract To Scraps & Metals Demo In The Amount Of $17,775, And Authorizing The Rebidding Of The Demolition Of Six (6) Dangerous Residential Properties (Group D), To Be Charged To Account No. 105 - 1431 - 552.59 -00 Project No. C36120 (9) P.R. No. 17852 — A Resolution Awarding A Quote And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And T & S Lawn Service Of Port Arthur, Texas For Mowing Various City Properties, Parks And Right -Of -Ways In The City Designated As Group 3A, In An Amount Not To Exceed $3,300.00; Parks Division, FY 2013 -14 Budget Account No. 001- 1207 - 531.31- 00 4 AGENDA SEPTEMBER 17, 2013 VI. CONSENT AGENDA — CONTINUED (10) P.R. No. 17853 - A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And DezTex Industrial Service Of Port Arthur, Texas For Mowing Various City Properties, Parks And Right -Of -Ways In The City Designated As Groups 11 And 12, In An Amount Not To Exceed $2,700.00; Parks Division, FY 2013 -14 Budget Account No. 001- 1207- 531.31 -00 (11) P.R. No. 17854 - A Resolution Awarding A Quote And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And Southeast Texas And Lawn Maintenance Of Beaumont, Texas For Mowing Various City Properties, Parks And Right -Of- Ways In The City Designated As Groups 3B And 6, In An Amount Not To Exceed $5,535.00; Parks Division, FY 2013 -14 Budget Account No. 001 - 1207 - 531.31 -00 (12) P.R. No. 17855 - A Resolution Awarding A Quote And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And Mr. Mike's Lawn And Tree Service of Port Arthur, Texas, For Mowing Various City Properties, Parks And Right -Of -Ways In The City Designated As Groups 2 And 10, In An Amount Not To Exceed $1,320.00; Parks Division, FY 2013 -14 Budget Account No. 001 -1207- 531.31 -00 (13) P.R. No. 17873 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Rose E. Quirante, R.D., For The Provision Of Dietary Consultation Services For The Women, Infants And Children (WIC) Program (14) P.R. No. 17874 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Kirk Matthew Vital, R. PH, To Act As The City's Pharmacist -In- Charge For The Health Department, Account No. 001 - 1301 - 541.54 -00 5 AGENDA SEPTEMBER 17, 2013 VI. CONSENT AGENDA — CONTINUED (15) P.R. No. 17875 — A Resolution To Approve A Contract Between The City Of Port Arthur And Southeast Texas Medical Associates (SETMA) For William D. George, MD To Continue To Act As The City's Health Authority And Supervising Physician Of The Employee Health Services Clinic (16) P.R. No. 17876 — A Resolution Authorizing A Renewal To The Agreement For Independent Professional Services Between The City Of Port Arthur And Lloyd R. Haggard For Consultation Services For The City's Laboratory, Account Numbers 001 - 1301 - 541.54 -00 And 001 - 1301 - 541.13 -00 (17) P.R. No. 17877 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Laura Kay Emmert, A Medical Laboratory Technologist, To Provide Contract Services For The City's Laboratory, Account Number 001 - 1301 - 541.14 -00 (18) P.R. No. 17878 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And James Cousar, A Medical Laboratory Technologist, To Provide Contract Services For The City's Laboratory, Account Number 001- 1301 - 541.14 -00 (19) P.R. No. 17892 — A Resolution Authorizing A Contract For The Services Of Gray & Associates, Certified Public Accountant, As Caseware GASB Financial Implementers In An Amount Not To Exceed $25,615. Account #001 - 1031 - 515.54 -00 (20) P.R. No. 17896 — A Resolution Approving The FY 2013 -2014 Contract Between The City Of Port Arthur And The Department Of State Health Services For Contract No. 2014 - 001079 -00, IMM /Locals; Contract No. 2014 - 00188 -00 For RLSS /LPHS RLSS- Local Public Health Systems -PNP; Contract No. 2014- 001230 -00 For CPS /Hazards Public Health Emergency Preparedness (PHEP); For A Combined Total Of $429,226 6 AGENDA SEPTEMBER 17, 2013 VI. CONSENT AGENDA — CONTINUED (21) P.R. No. 17897 — A Resolution In Support Of The Second Annual Healthy At H -E -B Community Challenge (22) P.R. No. 17898 — A Resolution Authorizing The City Manager To Execute A Contract With LLB Construction, LLC Of Port Arthur, Texas For The Construction Of Handicap Ramps And Sidewalks On The West Side Of Lee Avenue From 10 Street To Lewis Drive For The Not To Exceed Amount Of $19,216.60; Account 001 -1203- 531.87 -00 (23) P.R. No. 17900 — A Resolution Authorizing The City Manager To Accept The FY 2013 Emergency Management Performance Grant In The Amount Of $35,200.68 (24) P.R. No. 17901 — A Resolution Authorizing A Seven (7) Month Extension To The Contract Between The City Of Port Arthur And Civil Concepts Inc., Of Pasadena, Texas For Design And Oversight Of Concrete Slabs For Bus Shelters (25) P.R. No. 17902 — A Resolution As It Pertains To Retaining Dr. Ben Kelvin Stafford As It Pertains To The Local Business Enterprise Program - Account No. 001 - 1003 - 512.59 -00, Project No. M09002 (26) P.R. No. 17903 — A Resolution Authorizing A Contract Between The City Of Port Arthur And D & R Commercial Construction, Of Lumberton, Texas For The Installation Of A Test Facility At The Port Arthur Armory Located At 3451 57 Street For The Amount Of $93,865. Account No. 306 - 1606- 591.59 -00 (27) P.R. No. 17904 — A Resolution Authorizing The 4 Annual Renewal For A Contract Between The City Of Port Arthur And LT Systems Inc., Of Port Neches, Texas For Municipal Court Software Maintenance And Support Services. In An Amount Of $6,112.85; Funding Is Available In Account No. 001- 1012 - 513.54 -00 AGENDA -- -- - - -- SEPTEMBER 17, 2013 VI. CONSENT AGENDA - CONTINUED (28) P.R. No. 17906 - A Resolution Authorizing The City Manager To Enter Into A Contract With Diamond Shine Building Services Of Port Arthur, Texas, For Janitorial Services At The Transit Service Center And Transit Terminal, In An Amount Not To Exceed $16,260.00; Funding Available In Account Nos. 401 - 1503 - 561.32 -00 And 401- ' 1505- 561.32 -00 (29) P.R. No. 17908 - A Resolution Awarding A Two Month Extension To The Contract With Aquila Golf Inc. For The Purpose Of Providing P 9 Operation And Maintenance Of The Babe Didrikson Zaharias Memorial Golf Course (30) P.R. No. 17909 - A Resolution By The City Council Authorizing The Filing Of An Application To The Texas Commission On Environmental Quality For Designation As A Management Agency For Wastewater Collection And Treatment (31) P.R. No. 17910 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Financial Advisory Agreement With First Southwest Company To Serve As Financial Advisor (32) P.R. No. 17911 - A Resolution Calling For A Public Hearing To Consider An Amendment To Appendix A, Section 24 -105 Of The Zoning Ordinance Establishing A Deadline For Submission Of Written Opposition To Any Proposed Change In Zoning Designation VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions - None 8 AGENDA SEPTEMBER 17, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT - CONTINUED B. Ordinances (1) P.O. No. 6328 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Single Family Residential (SF) To Light Commercial (LC) For A 6.531 -Acre Tract Of Land Out Of Lot 5, Block 3, Range "F ", Port Arthur Land Company Subdivision, City Of Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Chapter 1, Section 1 -13 Of The Code Of Ordinances, As Amended, By A Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date Z13 -06 — First Baptist Church, Owner. Single Family Residential (SF) To Light Commercial (LC) (2) P.O. No. 6336 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit 219 (SUP #219) To Allow For The Operation Of A Barber Shop In A Two - Family Residential District On 0.1607 Acre Of Land Out Of Lot 4, Block 588, Model Addition, Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1 -13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date Z13 -05 — (Angela Balloue) 3632 Thomas Boulevard SUP #219 (3) P.O. No. 6340 — An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2012 And Ending September 30, 2013 For The Solid Waste Fund By $245,000 To Fund Operating Costs In The Public Works Department 9 AGENDA SEPTEMBER 17, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT - CONTINUED (4) P.O. No. 6341 — An Ordinance Authorizing The Issuance Of City Of Port Arthur Section 4A Economic Development Corporation Sales Tax Revenue Refunding Bonds, Series 2013; Authorizing The Refunding Of Certain Outstanding Obligations; And Certain Other Procedures And Provisions Relating Thereto VIII. 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 18, 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 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 10 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 Reauesting 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.