HomeMy WebLinkAboutNOVEMBER 12, 2013 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR FLOYD T. JOHNSON
ROBERT E. WILLIAMSON, MAYOR PRO TEM City of Vr CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD
RAYMOND SCOTT, JR. CITY SECRETARY
ELIZABETH "LIZ" SEGLER Vc?rt r t h it r _
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
November 12, 2013
5:3 p.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
November 12, 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
October 29, 2013 Regular Meeting
November 4, 2013 Special Meeting
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Laverda T. Batiste Regarding All America Cities
(2) Bradford Coleman Regarding L.L. Football Dance Team — Jr.
Bees /Honeybees
AGENDA
NOVEMBER 12, 2013
III. PETITIONS & COMMUNICATIONS - CONTINUED
(3) Bishop Gerald A. Tervalon Regarding National Committee To Put
God Re: Prayers Back In Schools
B. Presentations — None
C. Employee Recognition — Public Works Director Ross Blackketter
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
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Withdrawn For Individual Consideration In Its Normal Sequence After The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.
Consent — Item
(A) Consideration And Approval Of Payment To Southern Cement
Slurry, LLC Of Houston, Texas In The Amount Of $31,040.00 For
The Placement Of Cement Slurry For The Public Works Streets
Division In The Amount $31,040
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AGENDA
NOVEMBER 12, 2013
VI. CONSENT AGENDA - CONTINUED
Resolutions — Consent
(1) P.R. No. 17788 — A Resolution Authorizing The Purchase Of One
Pierce Fire Engine For The Fire Department VIA The HGAC Buy
Cooperative Purchasing Program From Siddons - Martin Emergency
Group Of Denton, Texas, In The Amount Of $649,909.24. Funding
Available In Account Number 625- 1801 - 522.93 -00
(2) P.R. No. 17948 — A Resolution Authorizing The Payment Of
$5,342.00 To Modspace Of Beaumont, Texas, For Wear And Tear
Damages To Two (2) Modular Units During The Transit Division
Renovation Process. Accounts 401 - 1504 - 561.51 -00, 401 -1502-
651.52 -00, and 401 - 1506 - 561.51 -00, Project No. 90 -X916
(3) P.R. No. 17950 - A Resolution Authorizing The City Manager To
Execute A Master Lease Purchase Agreement To Fund The 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 At The Police Station
(4) P.R. No. 17859 - A Resolution Authorizing The Execution Of A
Contract For Professional/Technical Services Between The City Of
Port Arthur And Carroll & Blackman, Inc., For Professional
Engineering Services Related To The Texas Pollutant Discharge
Elimination System, Phase II Storm Water Discharge Permit In The
Not To Exceed Amount Of $29,460.00. Drainage Account No. 001-
1204- 531.59 -01
(5) P.R. No. 17962 — A Resolution Authorizing The City Manager To
Execute A Contract With Jeffrey Szymanski Corporation Of Houston,
Texas, To Paint A Mural On The Newly Constructed Transit Auto
Scrubber In An Amount Not To Exceed $6,000.00. Funding
Allocated In Account No. 401 - 1503 - 561.32 -00
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AGENDA
NOVEMBER 12, 2013
VI. CONSENT AGENDA - CONTINUED
(6) P.R. No. 17972 — A Resolution Authorizing A Temporary Staffing
Contract Between The City Of Port Arthur And Lofton Staffing Of
Beaumont, Texas, And HT Staffing Of Port Arthur, Texas,
Respectively, For The Selection Of A Personnel Staffing Agency For
The Purpose Of Providing Temporary Employees For The City Of
Port Arthur, Funding Available In Various Departmental Accounts
(7) P.R. No. 17978 — A Resolution Authorizing The City Manager To
Execute A Contract For Professional Services With Soutex Surveyors
& Engineers Of Port Arthur, Texas, To Provide The Engineering
Services For Removal And Replacement Of Approximately 335
Linear Feet Of 66" RCP Stormwater On Shreveport Avenue From
Procter To 5 Street; Said Contract In A Not To Exceed Amount Of
$16,200.00. Account 001 - 1202 - 531.54 -00
(8) P.R. No. 17981 — A Resolution Authorizing The City Manager To
Execute A Contract For Professional Services Between The City Of
Port Arthur And Ergonomic Transportation Solutions, Inc., Of
Houston, Texas, To Provide The Engineering Design For A Traffic
Signal At 9 Avenue And Lake Arthur Drive; Said Contract In A Not
To Exceed Amount Of $39,638.72. Account 001- 1202 - 531.54 -00
(9) P.R. No. 17983 — A Resolution Authorizing Amending Resolution
No. 13 -375 To Reflect The Correct Change Order Number To The
Contract Between The City Of Port Arthur And N & T Construction
Co., Inc., For The Downtown Pavilion
(10) P.R. No. 17994 — A Resolution Awarding A Contract To Inland
Environments, LTD., In The Amount Of $19,727.00, For Asbestos
Abatement And Demolition Of A Dangerous, Collapsed Commercial
Property Located At 3225 Gulfway Drive, To Be Charged To
Account No. 001 - 1052 - 517.59 -00
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AGENDA
NOVEMBER 12, 2013
VI. CONSENT AGENDA - CONTINUED
(11) P.R. No. 17998 — A Resolution Authorizing Change Order 05 To The
Contract With N & T Construction Of Beaumont, Texas, For
Liquidated Damages In The Transit Service Center Renovations,
Reducing The Amount By $1,167.70 To A New Total Of
$875,411.94; And Authorizing The Closeout Of The Contract, And
The Release Of Retainage In The Amount Of $86,670.26; Funds
Available In Account No(s). 401 - 1509 - 561.82 -00 (Federal Grant
#TX- 90X859) And 402 - 1508 - 561.82 -00 (Federal Grant #TX-
96X040)
(12) P.R. No. 17999 — A Resolution Accepting A Water Utilities Easement
From Lonnie Hawkins For The Construction, Installation, Laying,
And Maintaining Of Water Utilities On Lots 2 And 3, Block 10 Of
The Port Arthur Heights Subdivision Along Terminal Road In The
City Of Port Arthur
(13) P.R. No. 18000 — A Resolution Authorizing The Purchase Of One (1)
Dodge Ram 2500 Pickup Truck For The Fire Department VIA The
HGAC Buy Cooperative Purchasing Program From Dallas Dodge Of
Dallas, Texas, In The Amount Of $26,320.00. Funding Available In
Account Number 625 -1801- 522.93 -00
(14) P.R. No. 18001 — A Resolution Authorizing The Purchase Of
Uniforms For The Fire Department From GT Distributors, Inc.,
Under A Buyboard Contract In An Amount Not To Exceed
$31,574.00. Funding Available In Account 001 - 1121 - 522.26 -00
(15) P.R. No. 18002 — A Resolution Authorizing The Fire Department To
Purchase Boots, Gloves, Helmets, And Hoods Under A Buyboard
Contract From Dooley Tackaberry In An Amount Not To Exceed
$10,352.00. Funding From Account No. 001 - 1121- 522.26 -00
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AGENDA
NOVEMBER 12, 2013
VI. CONSENT AGENDA - CONTINUED
(16) P.R. No. 18004 — A Resolution Authorizing The City Manager To
Execute A Letter Of Intent For Phase III Of The Performance
Contracting Agreement Between The City Of Port Arthur And
Siemens Industry, Inc., Building Technologies Division, To Perform
An Investment Grade Audit Of The Public Water Infrastructure
System, In The Amount Of $285,000.00. Account 410 -1251-
532.54 -00
(17) P.R. No. 18005 — A Resolution Authorizing Acceptance Of The
Engineer's Certificate Of Completion, Contractor's Certificate And
Release, And Contractor's Certificate Of Guarantee For Kerry "Twin"
Thomas Drive Infrastructure Improvements, And Authorizing The
City Manager To Sign The Certificate Of Acceptance On Behalf Of
The City Of Port Arthur, Texas
(18) P.R. No. 18006 — A Resolution Awarding A Bid And Authorizing The
City Manager To Execute The First Year Of A Contract With CMM
Construction Co., Inc., Of Beaumont, Texas, With The Option Of
Renewal For Two Additional Years For Placement Of Hot -Mix
Asphaltic Concrete On A Unit Cost Basis For Various City Funded
And Community Development Block Grant (CDBG) Funded Street
Projects; Proposed Funding: Street Division Account 001 -1203-
531.36 /51/86 And CDBG Street Project Accounts. This Contract Is
Not To Exceed $250,000.00 For This Year
(19) P.R. No. 18007 — A Resolution Authorizing The City Manager To
Execute The Neighborhood Stabilization Program 1 — Program
Income Reservation System Participation Agreement No.
77090003154, Between Texas Department Of Housing And
Community Affairs, (TDHCA) And The City Of Port Arthur, To
Support The Continuation Of The Activities Started With NSP1
Contract No. 77090000154
(20) P.R. No. 18008 — A Resolution Authorizing The Execution Of A
Homebuyer's Written Agreement For The Purchase Of 5921 Texas
Ave., Port, Arthur, Texas, Through The City's Homebuyer's
Assistance Program
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AGENDA
NOVEMBER 12, 2013
VI. CONSENT AGENDA - CONTINUED
(21) P.R. No. 18010 — A Resolution Authorizing The Purchase Of A
Residential Side Load Garbage Truck From Bridgeport Truck MFG,
Inc., Of Bridgeport, Texas, And Chastang's Bayou City Autocar Of
Houston, Texas, Through Buyboard, In The Amount Of
$250,416.00. Account 625 -1801- 533.93 -00
(22) P.R. No. 18011 — A Resolution Authorizing The Purchase Of A Track
Excavator For The Streets Division From Waukesha- Pearce
Industries, Inc., Of Port Arthur, Texas, In The Amount Of
$151,491.83, Account 625 - 1801 - 533.93 -03
(23) P.R. No. 18013 — A Resolution Authorizing The City Manager To
Execute Change Order No(S) 05 And 06 To The Contract Between
The City Of Port Arthur And N & T Construction Co., Inc., Pavilion
Decreasing The Contract Amount By The Sum Of $2,040.37 To
New Total Of $486,085.63 And Increasing The Contract Time By
Four (4) Days To A New Total Of Three Hundred Thirty One (331)
Days
(24) P.R. No. 18014 — A Resolution Authorizing The Execution Of An
Agreement To Share Operating Expenses Of Rose Hill Between The
City Of Port Arthur And The Federated Women's Club Of Port
Arthur, For The 2013 — 2014 Fiscal Year, In An Amount Not To
Exceed $12,000.00. Accounts #140- 1405 - 551- 59 -00, M97908 And
001 - 1402 - 551.14 -00
(25) P.R. No. 18015 — A Resolution Approving A Contract Between The
City Of Port Arthur And The Texas Artist Museum (TAMS) For The
Purpose Of Funding The Museum Located At 3501 Cultural Center
Drive For The 2013 -2014 Fiscal Year In The Amount Of $8,000.00.
Account # 140 - 1405 - 551.59 -00, M10101
(26) P.R. No. 18018 — A Resolution Nominating Premcor Refining Group
Inc., To The Office Of The Governor Economic Development And
Tourism (OOGEDT), Through The Economic Development Bank For
Designation, As A Qualified Business And Double Jumbo Enterprise
Project Under The Texas Enterprise Zone Program, Under The
Texas Enterprise Zone Act, Chapter 2303, Texas Government Code
AGENDA
NOVEMBER 12, 2013
VI. CONSENT AGENDA - CONTINUED
(27) P.R. No. 18021 — A Resolution Authorizing The City Manager To
Apply For Membership And Enter Into A Membership Agreement
With The National Joint Powers Alliance (NJPA)
(28) P.R. No. 18023 — A Resolution Authorizing The Purchase Of One (1)
Ford E -350 15- Passenger Van Police Vehicle From Philpott Ford,
Nederland, Texas, Through Buyboard State Contract, For The Total
Amount Of $25,848.00. Funding For This Purchase Is Available In
Account #625 - 1801- 521.93 -00
(29) P.R. No. 18024 — A Resolution Authorizing The Purchase Of A
Dodge Charger Police Vehicle From Mckinney Dodge Of Mckinney,
Texas, Through HGAC In The Amount Of $35,461.81. Funding For
This Purchase Is Available In Account No. 625 - 1801 - 521.93 -00
(30) P.R. No. 18026 — A Resolution Authorizing The Execution Of A
Contract Between The City Of Port Arthur And A & A Electric
Company Of Beaumont Inc., Of Beaumont, Texas, For The
Purchase And Installation Of A Generator At The Amos J. Evans
Building In The Amount Of $49,968.36. Funding Available In
Account No. 001 -1402- 551.32 -00
(31) P.R. No. 18028 — A Resolution Authorizing The City Manager To
Accept The Request For Proposal Response Of Aquila Golf, Inc.,
And To Execute A Contract With Aquila Golf, Inc., For The
Operation And Maintenance Of The Babe Didrickson Zaharias
Municipal Golf Course
(32) P.R. No. 18030 — A Resolution Adopting A Tax And Securities
Compliance Procedure For The City Of Port Arthur, Texas
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AGENDA
NOVEMBER 12, 2013
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT
A. Resolutions
(1) P.R. No. 17995 — A Resolution Authorizing The Execution Of A
Homebuyer's Written Agreement For The Purchase Of 1831 9th
Street, Port Arthur, Texas, Through The City's Homebuyer's
Assistance Program
(2) P.R. No. 18012 - A Resolution Reconsidering Proposed Resolution
No. 17895 As It Pertains To Authorizing The City Manager To
Execute A Chapter 380 Economic Development Agreement Between
The City Of Port Arthur And BK PA, Ltd. (Requested By
Councilmember Segler)
(3) P.R. No. 18016 — A Resolution Approving The City Of Port Arthur
Section 4A Economic Development Corporation Contracting The
Service Of A Local Business Enterprise For The Printing And Mailing
Of A PAEDC Spring Newsletter To All 24,146 Port Arthur Residents
(4) P.R. No. 18017 — A Resolution Approving City Of Port Arthur
Section 4A Economic Development Corporation's Neighborhood
Park Enhancement Program To Assist Neighborhood Associations In
Providing Park Improvements To Their Neighborhood Park
(5) P.R. No. 18019 — A Resolution Approving The Funding By City Of
Port Arthur Section 4A Economic Development Corporation Of A
Project Request From Lamar State College -Port Arthur, For Martin
Field Park In The Amount Of $40,000.00
(6) P.R. No. 18020 — A Resolution Authorizing The Execution Of A
Contract For Professional Services Between The City Of Port Arthur
Section 4A Economic Development Corporation And Arceneaux &
Gates Consulting Engineers, Inc., A Burrow Global Company For
Certain Technical And Professional Services For Sidewalk
Modifications And Utility Tunnel Closure At 501 Procter Street In An
Amount Not To Exceed $63,350.00. Funding Available In Account
No. 120 -1429- 582.59 -00
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AGENDA
NOVEMBER 12, 2013
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT -
CONTINUED
(7) P.R. No. 18025 - A Resolution Appointing And /Or Reappointing A
Member Or Members To The Beautification Commission (Requested
By Mayor Prince)
(8) P.R. No. 18027 — A Resolution Authorizing The Calling Of A Public
Hearing On Tuesday, November 26, 2013, At 9:00 A.M. To
Consider Whether Or Not To Issue A Major Pipeline Permit To
Sunoco Pipeline L.P., For The Installation Of A Thirty Inch (30 ")
Crude Pipeline Within The City Limits Of Port Arthur, Texas
(9) P.R. No. 18029 — A Resolution Appointing And /Or Reappointing A
Member Or Members To The Citizen's Pipeline Advisory Committee
B. Ordinances
(1) P.O. No. 6351 — An Ordinance Designating Thursday, December 26,
2013, As A Legal Holiday
(2) P.O. No. 6353 — An Appropriation Ordinance Amending The General
Fund Budget For The Fiscal Year Beginning October 1, 2013 And
Ending September 30, 2014 By $114,300.00, In Order To Fund The
Cost Of Advertisement Of Public Hearings For The Annexation Of
Certain Industries In The City's Extraterritorial Jurisdiction (ETJ)
VIII. ADJOURNMENT OF MEETING
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NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May
Elect To Recess The Meeting And Reconvene At 8:30AM On November 13,
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 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.