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HomeMy WebLinkAboutDECEMBER 10, 2013 REGULAR MEETING 1 1/. . -�- DELORIS "BOBBIE" PRINCE, MAYOR �b FLOYD T. JOHNSON ROBERT E. WILLIAMSON, MAYOR PRO TEM City of �-� W M CITY MANAGER COUNCIL MEMBERS: //,/ '‘\\'' � SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER o , t r t h u MORRIS ALBRIGHT VAL TIZENO ROBERT TROY 'T exas CITY ATTORNEY WILLIE "BAE" LEWIS, JR DERRICK FREEMAN KERRY "TWIN" THOMAS AG E N DA City Council Regular Meeting December 10, 2013 5:3o 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) 9 11 5• 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 December 10, 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 — None Minutes November 26, 2013 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers — None AGENDA DECEMBER 10, 2013 H. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations (1) Port Arthur Area Children's Choir (2) EDC Annual Fiscal Report C. Employee Recognition — None D. Correspondence (1) Mayor's Letter IV. PUBLIC HEARINGS — 6:00 PM (1) To Consider Whether Or Not To Issue A Major Pipeline Permit To Sunoco Pipeline, L.P. Of Sugarland, Texas For The Installation Of A Thirty Inch (30 ") Crude Pipeline Within The City Limits Of The City Of Port Arthur, Texas (2) To Consider Whether Or Not To Authorize The Chief Of Police To Issue A Wrecker Permit For Opie's Towing & Transport, 9501 Hwy 69 South, Port Arthur, Texas 77642 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.O. No. 6358 — An Ordinance Amending The Code Of Ordinances By Adding Section 2 -287 To Article VI As It Pertains To Requiring Lobbying Certification For Contract Documents And Incentive Agreements (Requested By Councilmember Lewis) 2 AGENDA DECEMBER 10, 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. Resolutions — Consent (1) P.R. No. 17938 — A Resolution Authorizing The City Manager To Enter Into A Facilities Solutions Agreement With Cintas Of Beaumont, Texas, Through U.S. Communities Cooperative Purchasing Program For The Rental Of Certain Shop Equipment For The Transit Service Center In A Not To Exceed Amount Of $5,000.00 Annually; Funding Available In Account Nos. 401 -1501- i 561.26 -00, 401 - 1502 - 561.26 -00, And 401 - 1505 - 561.26 -00 (2) P.R. No. 18050 — A Resolution Authorizing The City Manager To Enter Into A 12 — Month Rental Agreement With Hernandez Office Supply Office Supply Of Nederland, Texas, Through Texas Department Of Information Resources (TXDIR) For A Copier For The Code Enforcement Department, Building Inspection Division, In An Amount Not To Exceed $4,800.00; Funding Available In Account Number 001 - 1052 - 517.51 -00 (3) P.R. No. 18054 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Arceneaux & Gates Consulting Engineers, Inc., For Professional Services Not To Exceed $18,500.00, Related To The Preparation Of Project Information Forms For The Texas Water Development Board 2014 Intended Use Plan. Account No. 410 - 1251 - 532.54.00 3 AGENDA DECEMBER 10, 2013 NI. CONSENT AGENDA - CONTINUED (4) P.R. No. 18058 — A Resolution Authorizing The Purchase Of Three 2014 Chevy Silverado Pick -Up Trucks From ] K Chevrolet Of Nederland, Texas, For The Code Enforcement Department, Animal Control Division, In The Amount Of $50,564.82; Funding Available In Account Number 001- 1401 - 551.92 -00 And 625 - 1801 - 531.93 -07 (5) P.R. No. 18060 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Excavators And Constructors, Inc., Of Port Arthur, Texas, In The Amount Of $1,701,390.80 For The Installation Of Storm Sewers And Catch Basins On 14 Street From 9 Avenue To Woodworth Blvd. Funding Being Available In Account 144 - 1201 - 532.59 -00 (6) P.R. No. 18063 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $20,400.00, And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group A -R), To Be Charged To Account No. 001- 1052 - 517.59 -00 (General Fund) (7) P.R. No. 18064 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $21,200.00, And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group A), To Be Charged To Account No. 001 - 1052 - 517.59 -00 (General Fund) (8) P.R. No. 18065 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $22,600.00, And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group B), To Be Charged To Account No. 001- 1052- 517.59 -00 (General Fund) (9) P.R. No. 18066 — A Resolution Awarding A Contract To Liberty Somerset, Inc., In The Amount Of $23,758.40, And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group C), To Be Charged To Account No. 001 - 1052 - 517.59 -00 (General Fund) 4 AGENDA DECEMBER 10, 2013 VI. CONSENT AGENDA - CONTINUED (10) P.R. No. 18067 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $14,100.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group D), To Be Charged To Account No. 001 -1052- 517.59 -00 (General Fund) (11) P.R. No. 18068 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $18,800.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group E), To Be Charged To Account No. 001 -1052- 517.59 -00 (General Fund) (12) P.R. No. 18069 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $24,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group F), To Be Charged To Account No. 001- 1052 - 517.59 -00 (General Fund) (13) P.R. No. 18070 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $22,700.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group A -T), To Be Charged To Account No. 001 -1052- 517.59 -00 (General Fund) (14) P.R. No. 18071 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $20,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group B -T), To Be Charged To Account No. 001 -1052- 517.59 -00 (General Fund) (15) P.R. No. 18072 — A Resolution Authorizing The City Manager To Reject The Bids For Demolition Of Six (6) Dangerous Residential Structures (Group C -T), And Authorizing The Solicitation Of New Bids, To Be Charged To Account No. 001 - 1052 - 517.59 -00 5 AGENDA DECEMBER 10, 2013 VI. CONSENT AGENDA — CONTINUED (16) P.R. No. 18073 — A Resolution Authorizing The Execution Of Non - Exclusive Contracts For Petroleum, Oil, And Lubricants With Apache Oil Co., Reladyne- Derrick Oil Co., Spidle & Spidle, Inc., Sun Coast Resources, Inc., Tri -Con, Inc., And Universal Lubricants For An Amount Not To Exceed $100,000.00; Funding Available In Various Departmental Accounts (17) P.R. No. 18074 — A Resolution Authorizing The Director Of Utility Operations To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals. Fund Nos. 410 - 1252 - 532.29 -02 & 410 - 1256- 532.29 -00 (18) P.R. No. 18075 — A Resolution Authorizing The Execution Of An Annual Supply Contract For Tires Through Buyboard Contract No. 387 -11 With Southern Tire Mart Of Beaumont, Texas, In A Not To Exceed Amount Of $300,000.00; Charged To Various Departmental Accounts (19) P.R. No. 18076 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And LD Construction Of Beaumont, Texas, For The Flexible Base Street Reconstruction In An Amount Not To Exceed $492,000.00. Funding Being Available In Account 001 - 1203 - 531.86 -01 -00 (20) P.R. No. 18084 — A Resolution Authorizing The Final Payment In The Amount Of $2,814.75 For The Contract Between The City Of Port Arthur And D & R Commercial Construction, Of Lumberton, Texas For The Installation Of Exhaust Fans And Ramp At Rear Building At Armory Located At 3451 57 Street. Account No. 306- 1606- 591.59 -00 (21) P.R. No. 18087 — A Resolution By The City Council Authorizing The Filing Of An Application To The Texas Water Development Board For Wastewater Improvements Funding Under The State Fiscal Year 2014 Clean Water State Revolving Fund 6 AGENDA DECEMBER 10, 2013 VI. CONSENT AGENDA — CONTINUED (22) P.R. No. 18088 — A Resolution Authorizing The Execution Of Pipeline Permit 13 -01 From The City Of Port Arthur To Sunoco Pipeline, L.P., Of Sugar Land, Texas, For The Installation Of A 30" Crude Pipeline Within The Corporate Limits Of The City Of Port Arthur VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 18085 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Oxbow Calcining, LLC B. Ordinances (1) P.O. No. 6348 — An Ordinance Delineating The Number Of Authorized Civil Service Positions In The Fire Department (2) P.O. No. 6349 — An Ordinance Approving The Assignment And Transfer Of The Franchise Previously Granted To ONEOK, Inc., Determining That This Ordinance Was Passed In Accordance With The Texas Open Meetings Act; Declaring An Effective Date; Adopting A Savings Clause; And Requiring Delivery Of This Ordinance To The Company AGENDA DECEMBER 10, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT - CONTINUED (3) P.O. No. 6359 — An Ordinance Affecting Participation Of Employees Of The Port Arthur Pleasure Island Commission In The Texas Municipal Retirement System (''TMRS') And Granting Additional Rights; Electing To Request A Single Composite Participation Date For All Departments Of The City Of Port Arthur Participating In TMRS To Be Used For Calculation Of Normal And Prior Service Contribution Rates And For Determination Of Funding Periods Of Certain Obligations To TMRS; Ratifying The Designation Of The City Of Port Arthur Pleasure Island Commission (The "Department ") As A City Department For Purposes Of Participation In TMRS; Electing To Combine The Department's TMRS Plan Account Into The City Of Port Arthur's TMRS Plan Account: Electing To Amend The City of Port Arthur's TMRS Plan Provisions To Preserve The Benefits Accrued Under The Department's Plan Selections To The Date Of Combination; And Prescribing The Effective Date For The Ordinance (4) P.O. No. 6360 — An Ordinance Of The City Of Port Arthur, Texas, Annexing The Territory Described In Exhibits A Through M, Attached Hereto Into The City, Which Is Adjacent And Contiguous To The City Of Port Arthur Pursuant To Chapter 43 Of The Texas Local Government Code And Extending The Boundary Limits Of The City So As To Include The Property Within The Corporate Limits Of The City, And Granting To All The Inhabitants Of The Said Territory All The Rights And Privileges Of Other Citizens And Binding Said Inhabitants By All Of The Acts, Ordinances, Resolutions, And Regulations Of The City; Adopting A Service Plan; Assigning Zoning To The Annexed Area; Providing For The Filing Of This Ordinance With The County Clerk; Providing A Savings Clause; Providing A Severability Clause; And Providing An Effective Date I 8 AGENDA DECEMBER 10, 2013 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 December 11, 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 9 RULES OF DECORUM - COUNCILMEMBERS Councilmembers. While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Presiding Officer. Members of the Council shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer. 1. Presiding Officer may debate and vote. The Mayor or the Mayor Pro Tem, or such other member of the Council who is serving as Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all members by this division, and shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as the Presiding Officer. If the Presiding Officer is engaged in debate, at the instance of any three members he must relinquish the chair in accordance with provisions of Robert's Rules of Order, Newly Revised. 2. Getting the floor; improper references to be avoided. Every member desiring to speak shall address the chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. 3. Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as otherwise provided in this section. If a member, while speaking, is called to order, he shall cease speaking until the question of order is determined. If in order, he shall be permitted to proceed. 4. Privilege of closing debate. The Councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. 5. Motion to reconsider. A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions; it shall be debatable. Nothing in this section shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council. 6. Remarks of Councilmember, when entered in minutes. A Councilmember has the privilege of having an abstract of his statement on any subject pertaining to city business and affairs entered in the minutes. 7. Synopsis of debate, when entered in minutes. The City Secretary may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. 8. Robert's Rules of Order, Newly Revised. Robert's Rules of Order, Newly Revised, shall prevail except where otherwise provided. 9. Opportunity to speak, No vote shall be taken on a motion and second calling for the previous question until each Councilmember wishing to speak on the question under debate has been granted at least one opportunity to speak on the question. This subsection shall not interfere with the Council's right to consider and vote on a motion and second to limit the length of debate by each Councilmember. RULES OF DECORUM - CITY STAFF AND EMPLOYEES City Staff and employees. Members of the city staff and employees shall observe the same rules of order and decorum as are applicable to the City Council, with the exception that members of the city staff may leave their seats during a meeting without first obtaining the permission of the Presiding Officer. 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. DISRUPTIONS RENDERING MEETING UNFEASIBLE Adjournment until next regular meeting. If any meeting is willfully disturbed by a group of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular meeting. Calling special meeting: assessing costs to disrupting parties. If the matter being addressed prior to adjournment is of such a nature as to demand immediate attention, the Presiding Officer may call a special meeting and assess the cost of that meeting to the disrupting parties if those parties are identifiable.