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HomeMy WebLinkAboutOCTOBER 29, 2013 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR en< , ' FLOYD T. JOHNSON ROBERT E. WILLIAMSON, MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: / SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER O r t r t h u 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 October 29, 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 -8291 City Council Meeting City Hall Council Chamber City Of Port Arthur OCTOBER 29, 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 Special Meeting September 18, 2013 Special Meeting September 23, 2013 Special Meeting September 27, 2013 Regular Meeting October 1, 2013 Regular Meeting October 15, 2013 Special Executive Meeting October 15, 2013 Special Meeting October 21, 2013 III. PETITIONS & COMMUNICATIONS A. Speakers Ellis Allen And Cueveas Peacock Regarding A Community Garden And A Resolution From A Previous Council Meeting AG OCTOB ENDA ER 29, 2013 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations Presentation By Arthur Thomas, Texas Gas Service Area Manager C. Employee Recognition - None 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: (1) P.R. No. 17917 - A Resolution Authorizing The City Manager To Enter Into A Sixty-Three (63) Month Lease Agreement xty ( ) t ease r gee ent Through Buyboard For A Photocopier For The Utility Operations Water Service Center With Star Graphics Of Beaumont, Texas, In An Amount Not To Exceed $2,186.52 Annually And $11,160.48 For The Duration Of The Contract; Funding Available In Account No. 410 - 1251 - 532.51 -00 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 OCTOBER 29, 2013 VI. CONSENT AGENDA - CONTINUED (A) Expense Reports: (1) Mayor Deloris "Bobbie" Prince: Attended Annual TML Conference Austin, Texas, October 7 -11, 2013 $1,124.80 (2) Mayor Deloris "Bobbie" Prince: SETX Regional Planning Commission Meeting Beaumont, Texas, October 16, 2013 $27.93 (3) Mayor Pro Tem Robert E. "Bob" Williamson: Attended Annual TML Conference Austin, Texas, October 8 -11, 2013 $1,707.58 (4) Councilmember Raymond Scott, Jr.: Attended Annual TML Conference Austin, Texas, October 8 -11, 2013 $1,368.50 (5) Councilmember Elizabeth Segler: Attended Annual TML Conference Austin, Texas, October 9 -11, 2013 $1,426.49 (6) Councilmember Morris Albright, III: Attended Annual TML Conference Austin, Texas, October 7 -11, 2013 $866.20 (7) Councilmember Robert Troy: Attended Annual TML Conference Austin, Texas, October 8 -11, 2013 $1,585.88 (8) Councilmember Willie "Bae" Lewis, Jr.: Attended Annual TML Conference Austin, Texas, October 8 -11, 2013 $1,299.50 3 I AGENDA OCTOBER 29, 2013 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P.R. No. 17820 — A Resolution Authorizing The Execution Of A Contract For Wastewater Laboratory Services (Bio- monitoring Testing) For The Utility Operations Department With Huther & Associates, Inc., Of Denton, Texas, Not To Exceed The Total Annual Amount Of $6,900.00. Funds Are Available In Account No. 410 - 1256- 532.54 -00 (2) P.R. No. 17907 — A Resolution Authorizing The City Manager To Enter Into A Contract With Rene Bates Auctioneers, Inc., Of McKinney, Texas, Through Buyboard To Conduct Online Auctions On An As- Needed Basis For The Sale Of City Surplus Furniture /Minor Equipment, Vehicles, Equipment And /Or Heavy Equipment (3) P.R. No. 17940 — A Resolution Authorizing The City Manager To Execute A Contract With Mike Barnett Construction Of Port Neches, Texas, In An Amount Not To Exceed $47,590.00 For Relocation And Renovation Construction (Phase I With Alternate No. 1) At Martin Field; Account No. 120- 1429 - 582.59 -05 ED1301 (4) P.R. No. 17947 — A Resolution Authorizing The City Manager To Enter Into A One (1) Year Service Agreement Between The City Of Port Arthur And Alfa Wasserman Of West Caldwell, New Jersey, For Maintenance Of The Alero Chemistry Analyzer In The Health Department's Lab In The Amount Of $7,350.00; Funding Available In Account No. 001- 1301 - 541.42 -00 4 AGENDA OCTOBER 29, 2013 VI. CONSENT AGENDA - CONTINUED (5) P.R. No. 17949 — A Resolution Accepting A Water Utilities Easement From Eddie Senigar For The Construction, Installation, Laying, And Maintaining Of Water Utilities On Lot 4 Of Block 10 Of The Port Arthur Heights Subdivision Along Terminal Road In The City Of Port Arthur (6) P.R. No. 17951 — A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The Highway 87 Water Transmission Line Project From Keith Lake To Sabine Pass Standpipe With ALLCO, L.L.C., Of Beaumont, Texas, Not To Exceed $3,373,385.00, Account 429 -1258- 532.59 -00, Project No. WSI002 (7) P.R. No. 17952 — A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The Sabine Pass Metering Facility With Placo, Ltd. Of Lumberton, Texas, Not To Exceed $115,000.00, Account No. 429- 1258 - 532.59- 00, Project No. WSI001 (8) P.R. No. 17957 — A Resolution Accepting A Water Utilities Easement From Willie Thornton For The Construction, Installation, Laying, And Maintaining Of Water Utilities On Lots 5 And 6, Block 10 Of The Port Arthur Heights Subdivision Along Terminal Road In The City Of Port Arthur (9) P.R. No. 17958 - A Resolution Authorizing The Award Of Bid And Payment For Repairs To An Alfa Laval Centrifuge To Vision Machine, Inc., Of Spring, Texas, In The Amount Of $44,248.00, Account No. 410 - 1252 - 532.42 -00 5 y r AGENDA OCTOBER 29, 2013 VI. CONSENT AGENDA - CONTINUED (10) P.R. No. 17959 — A Resolution Authorizing The City Manager To Enter Into A Contract With Goodyear Tire & Rubber Company Of Akron, Ohio, For The Purchase Of Goodyear Metro Miler 350/70R22.5 Tires For The Transit Department, In An Amount Not To Exceed $100,000.00. Funding Available In Transit Maintenance Account Number: 401 - 1502- 561.43 -00 (11) P.R. No. 17960 — A Resolution Authorizing A One (1) Year Renewal Of The Contract Between The City Of Port Arthur And Leads Online Of Dallas, Texas, A Web Based System Designed To Assist Law Enforcement In Solving Crimes, In The Annual Amount Of $6,688.00 (Funds Available In Account No. 001 -1101- 521.54 -00) (12) P.R. No. 17961 — A Resolution Accepting A Water Utilities Easement From Amanda Swallow Thornton For The Construction, Installation, Laying And Maintaining Of Water Utilities On Lots 3 And 4, Block 9 Of The Port Arthur Heights Subdivision Along Terminal Road In The City Of Port Arthur (13) P.R. No. 17964 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Terminate The Operation Downtown Contract With Kilgore Construction, L.L.C. For Exterior Renovation To The Property Located At 1347 Procter Street Under The Operation Downtown Site Improvement Grant Program (14) P.R. No. 17965 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An On- The -Job Training Agreement With Climate Controlled Containers, LLC, For Reimbursement Of 50% Of The Training Cost For Port Arthur Residents Not To Exceed $48,000.00 6 AGENDA OCTOBER 29, 2013 VI. CONSENT AGENDA - CONTINUED (15) P.R. No. 17966 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An On- The -Job Training Contract With Brock Services, LLC For Reimbursement Of 50% Of The Training Cost For Port Arthur Residents Not To Exceed $56,000.00 (16) P.R. No. 17967 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An On- The -Job Training Contract With J.Z. Russell Industries, Inc. For Reimbursement Of 50% Of The Training Cost For Port Arthur Residents Not To Exceed $36,000.00 (17) P.R. No. 17968 — A Resolution Approving The Renewal Of A Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Vets Securing America For The Security Services At The Spur 93 Business Park (18) P.R. No. 17969 — A Resolution Approving The Renewal Of A Contract For Legal Service With Germer PLLC Law Firm By The City Of Port Arthur Section 4A Economic Development Corporation (19) P.R. No. 17971 — A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The 24" Waterline From 19 Street To The Sabine Neches Canal Project With ALLCO, L.L.C., Of Beaumont, Texas, Not To Exceed $3,114,960.00, Account No. 429 - 1258 - 532.59 -00, Project No. WSI003 (20) P.R. No. 17973 — A Resolution Authorizing The Renewal Of The Licenses And Maintenance Agreement With ESRI, Inc. Of Redlands, California, For The Arcinfo GIS Software In The Amount Of $15,153.42. Account No. 001 - 1050 - 517.57 -00 AGENDA OCTOBER 29, 2013 VI. CONSENT AGENDA - CONTINUED (21) P.R. No. 17974 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Texcavation Co., Increasing The Contract Amount By $23,400.00, To A New Contract Amount Of $117,000.00, And Increasing The Contract Term By 90 Days To A New Term Of 180 Days. Account No. 428 -1625- 532.83 -00, Project No. 428003 (22) P.R. No. 17976 — A Resolution Authorizing The Fire Department To Purchase Two Defibrillator /Monitors From Zoll Medical Corporation Of Chelmsford, Massachusetts, In The Total Amount Of $52,331.10. Funding From Account No. 001- 1121 - 522.92 -00 (23) P.R. No. 17977 — A Resolution Authorizing The Purchase Of Two (2) Commercial Container Garbage Trucks From Heil Of Texas Of Houston, Texas, And Grande Truck Center Of San Antonio, Texas, Through Buyboard In The Amount Of $484,496.00, Account 625 - 1801 - 533.93 -00 (24) P.R. No. 17979 — A Resolution Authorizing The 2 Year (1 Renewal) Of A Contract With Martin Asphalt Company Of Houston, Texas, For An Amount Not To Exceed $50,000.00, With The Option Of Renewal For One Additional Year For The Purchase Of Asphalt, Oil, & Emulsions. Account No. 001 - 1203 - 531.86 -00, 001- 1203 - 531.36 -00, And CDBG Project Accounts (25) P.R. No. 17980 — A Resolution Authorizing The City Manager To Execute Change Order 04 To The Contract For The Reconstruction Of Cambridge Avenue From SH 73 To DD #7 Bridge — Extending The Contract By 30 Days, Accepting The Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For This Project, And Authorizing The Release Of Retainage In The Amount Of $62,882.38. Account No. 001 - 1203 - 531.86 -01 And 001 - 1203 - 531.86 -00 8 AGENDA OCTOBER 29, 2013 VI. CONSENT AGENDA - CONTINUED (26) P.R. No. 17982 — A Resolution Authorizing The 2 Year Of A Contract With Forde Construction Co., Inc., Of Houston, Texas, For An Amount Not To Exceed $100,000.00 For The Planing And /Or Texturing Of Pavement. Account No. 001- 1203- 531.86 -00, 001 - 1203 - 531.36 -00, And CDBG Project Accounts (27) P.R. No. 17984 — A Resolution Authorizing The Execution Of A Contract For A Copier Maintenance Agreement With Star Graphics Of Beaumont, Texas, Not To Exceed The Total Annual Amount Of $600.00. Funds Are Available In Account No. 410 - 1251 - 532.21 -00 (28) P.R. No. 17985 — A Resolution Authorizing The Pleasure Island Advisory Board To Pay Monthly Estimate Number 7 And Final Less Deductions From Contractor's Certificate And Release For The Pleasure Island Floating Docks Contract To Shoremaster, Inc., In The Amount Of $253,764.45 (29) P.R. No. 17986 — A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The Purchase Of Sensus Meters For The Utility Operations Department With Aqua Metric Sales Company Of Riverside, California, In The Not -To- Exceed Total Amount Of $170,000.00. Funds Are Available In Account Nos. 410 - 1253 - 532.35 -00 & 414- 1621- 532.85 -00 (30) P.R. No. 17987 — A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The Purchase Of Badger Meters For The Utility Operations Department With Rural Pipe & Supply Of Jasper, Texas, In The Not -To- Exceed Total Amount Of $190,000.00. Funds Are Available In Account Nos. 410 - 1253 - 532.35 -00 & 414- 1621 - 532.85 - 00 (31) P.R. No. 17989 — A Resolution Authorizing The Rejection Of Proposals Received By The City Of Port Arthur For A Staffing Agency For The Purpose Of Providing Temporary Employees For The City Of Port Arthur I� 9 AGENDA OCTOBER 29, 2013 VI. CONSENT AGENDA - CONTINUED (32) P.R. No. 17990 — A Resolution Amending Resolution No. 13- 249 As It Pertains To Updating The Homebuyer's Written Agreement For The Purchase Of 4512 Aspen Lane, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program In The Amount Of Up To $30,000.00 (33) P.R. No. 17991 - A Resolution To Reprogram Community Development Block Grant Funds In The Amount Of $24,831.00 From Completed Projects (34) P.R. No. 17993 — A Resolution Authorizing An Extension Of The Contract With Aquila Golf, Inc., For The Purpose Of Providing Operation And Maintenance Of The Babe Didrickson Zaharias Municipal Golf Course (35) P.R. No. 17996 — A Resolution Authorizing The City Manager To Execute Purchase Agreements With ACOM Solutions In The Amount Of $8,492.00, Account No. 001 - 1032 - 515.92 -00 (36) P.R. No. 17997 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 17895 - A Resolution Authorizing The City Manager To Execute A Chapter 380 Economic Development Agreement Between The City Of Port Arthur And BK PA, Ltd. 9 Y (2) P.R. No. 17963 - A Resolution Appointing /Or Reappointing A Director Or Directors To The Ci ty Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Troy And Councilmember Albright) 10 AGENDA OCTOBER 29, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT — CONTINUED (3) P.R. No. 17970 — A Resolution Approving An Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And BK PA, LTD (4) P.R. No. 17988 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Port Arthur Civic & Activity Center Commission (5) P.R. No. 17992 - A Resolution Authorizing The Execution Of The First Amendment To The Industrial District Agreement Between The City Of Port Arthur And The Premcor Refining Group, Inc. B. Ordinances (1) P.O. No. 6350 — An Ordinance Of The City Council Of Port Arthur, Texas, Authorizing Participation With Other Entergy Service Area Cities In Public Utility Commission Docket No. 41850 VIII. *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 ": 11 AGENDA OCTOBER 29, 2013 VIII. *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: - None *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 October 30, 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 **************************************************** ****** * **** * * * *** * *** *** * *** *** 12 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 shall present such request to the Presiding Officer for approval before the matter being considered. The City Secretary s p 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.