HomeMy WebLinkAbout02-18-14 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR e�y ;--� JOHN A. COMEAUX, P.E.
ROBERT E. WILLIAMSON, MAYOR PRO TEM City of crry` INTERIM CITY MANAGER
COUNCIL MEMBERS: / 10) SHERRI BELLARD
RAYMOND SCOTT, JR. � CITY SECRETARY
ELIZABETH "LIZ" SEGLER O)'t l't)1 ll T
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
February 18, 2014
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
FEBRUARY 18, 2014
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
Interim City Manager Comeaux P.E.
City Secretary Bellard
City Attorney Tizeno
Sergeant At Arms:
Police Chief Blanton Or Designee
II. PROCLAMATIONS & MINUTES
Proclamations
Minutes
February 03, 2014 Special Executive Meeting
February 10, 2014 Special Meeting
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Darrell Hulin, Regarding The Police Department Cooperation
AGENDA
FEBURARY 18, 2014
III. PETITIONS & COMMUNICATIONS — CONTINUED
B. Presentations
(1) Fay Young, Information Technology Manager, Regarding Port
Arthur Synergy Information /Reporting System, Powered By
Publicstuff
(2) Kenneth Baugh, Regarding Louis Manor Reconstruction
C. Employee Recognition — None
D. Correspondence — None
IV. PUBLIC HEARINGS — 9:00 A.M.
To Receive Public Comment As To The Effects In The Community Of The
Curfew Ordinance And As To Whether The City Should Continue, Modify
Or Abolish The Curfew Ordinance
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. 18172 — A Resolution Increasing The Existing Blanket
Purchase Order For John Hall Public Affairs By $8,152.00 To Pay
The December Invoice, Funding Available In Account No. 001-
1003- 512.59 -00 M11102
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.
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FEBURA RY 18, 2014
VI. CONSENT AGENDA — CONTINUED
(A) Expense Reports — None
Resolutions — Consent
(1) P.R. No. 18140 — A Resolution Authorizing The Execution Of A
Contract Between The City Of Port Arthur And Mcinnis
Construction, Inc., Of Silsbee, Texas, In An Amount Not To Exceed
$1,038,700.00, For Construction Of The City's Transit
Administrative Building Located At 338 Procter Street. Funded From
TX96 -X042 (Arra- American Reinvestment And Recovery Act Funds)
And 2014 Grant And The General Funds That Are Apportioned For
Operations And Capital Expenses
(2) P.R. No. 18144 — A Resolution Authorizing The City Manager To
Execute Three (3) Contracts Between The City Of Port Arthur And
Port Acres Little League Organization For The Use Of Miguez, Girls
Softball And Pee Wee Fields At County Park
(3) P.R. No. 18145 — A Resolution Authorizing The City Manager To
Execute A Contract Between The City Of Port Arthur And The Port
Arthur American Little League For Virginia /Sal Grado Field At
Pioneer Park
(4) P.R. No. 18146 — A Resolution Authorizing The City Manager To
Execute Three (3) Contracts Between The City Of Port Arthur And
The Port Arthur Baseball Association, For The Use Of City Baseball
Fields On Adams Park
(5) P.R. No. 18164 — A Resolution Authorizing The Execution Of A One
(1) Year Contract Between City Of Port Arthur And Affordable Lawn
And Tractor Service Of Port Arthur, Texas, For Grass Cutting
Services At The Civic Center Department Buildings, In An Amount
Not To Exceed $14,500.00 Per Year; Funding Available In Account
No. 001 - 1061 - 518.31 -00
(6) P.R. No. 18167 — A Resolution Authorizing The City Attorney And
The City Manager To Initiate Condemnation Proceedings To Acquire
Property On Highway 87 For The Construction Of A Water Line
Easement Form Keith Lake To Sabine Pass Stand Pipe
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FEBURA RY 18, 2014
VI. CONSENT AGENDA — CONTINUED
(7) P.R. No. 18175 — A Resolution Authorizing A Non - Exclusive Contract
With JBS Packing, Inc., As To Provide Services, Supplies, Or Trucks
In The Case Of An Emergency Or Disaster With The Term Of The
Agreement From March 6, 2014 To March 5, 2016
(8) P. R. No. 18176 — A Resolution Authorizing The Execution Of A
Supplement To The Industrial District Agreement With GT Logistics
LLC And Golden Triangle Properties
(9) P. R. No. 18177 — A Resolution Authorizing A Contract With Alpha -
Lee Enterprises, Inc., Regarding The July 4, 2014 Fireworks
Display. Total Cost Of The Contract Is $14,800.00. (Account No.
001 - 1003 - 512.59 -00; M99901)
(10) P.R. No. 18178 — A Resolution Calling For A Public Hearing To
Consider Granting Specific Use Permit 221 (Sup# 221) For The
Operation Of A Wrecker Service And Storage Facility On 0.41546
Acre Of Land, Consisting Of All Of Lots 26, 27 And 28, Block 27,
Griffing Addition, (A.K.A. 3517 25 Street), Port Arthur, Jefferson
County, Texas Z14- 02[SUP #221]
(11) P.R. No. 18179 — A Resolution Awarding A Contract To Lark Group,
Inc., In The Amount Of $20,100.00, And Authorizing The Execution
Of A Contract For The Demolition Of Six (6) Dangerous Residential
Properties (Group C -T), To Be Charged To Account No. 001 -1052-
517.59 -00 (General Fund)
(12) P.R. No. 18181 — A Resolution Authorizing The Execution Of A
Homebuyer's Written Agreement For The Down Payment
Assistance And Closing Fees Associated With The Purchase Of 2940
9 Street, Port Arthur, Texas Through The City's Homebuyer's
Assistance Program
(13) P.R. No. 18182 — A Resolution Requesting That The City Of Port
Arthur Section 4A Economic Development Corporation (PAEDC)
Partner With The City Of Port Arthur For The Economic
Development Component Of The City Comprehensive Plan, Being
Developed With The Participation Of Freese And Nichols, Inc., At A
Cost To PAEDC Not To Exceed $200,000.00
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AGENDA
FEBURARY 18, 2014
VI. CONSENT AGENDA — CONTINUED
(14) P.R. No. 18183 — A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
(15) P.R. No. 18184 — A Resolution Rescinding Resolution No. 13 -516 In
Its Entirety, Which Authorized The Execution Of A Homebuyer's
Written Agreement For The Purchase Of 4512 Aspen Lane, Port
Arthur, Texas, Through The City' Homebuyer's Assistance Program
(16) P.R. No. 18185 — A Resolution Approving A Memorandum Of
Understanding Between The City Of Port Arthur And The Medical
Center Of Southeast Texas
(17) P.R. No. 18186 — A Resolution Approving A Memorandum Of
Understanding Between The City Of Port Arthur And Spindletop
MHMR Services
(18) P.R. No. 18187 — A Resolution Approving An Interlocal Agreement
Between The City Of Port Arthur And The Port Arthur Independent
School District
(19) P.R. No. 18188 — A Resolution Approving An Interlocal Agreement
Between The City Of Port Arthur And Lamar State College -Port
Arthur
(20) P.R. No. 18189 — A Resolution Approving An Interlocal Agreement
Between The City Of Port Arthur And Sabine Pass Independent
School District
(21) P.R. No. 18190 — A Resolution Approving A Memorandum Of
Understanding (MOU) Between The City Of Port Arthur And
Christus St. Mary Hospital
(22) P.R. No. 18191 — A Resolution Approving An Interlocal Agreement
Between The City Of Port Arthur And The Port Neches - Groves
Independent School District
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VI. CONSENT AGENDA — CONTINUED
(23) P.R. No. 18192 — A Resolution Authorizing The First Renewal, The
Second Year, Of A Contract With Siddons -Martin Emergency Group
Of Port Arthur And Houston, Texas, For Preventive Maintenance
And Repair To Fire Department Fire Apparatus And Other Special
Response Vehicles In A Total Amount Not To Exceed $160,000.00.
Funding From Account No. 001 - 1121 - 522.43 -00
(24) P.R. No. 18193 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $6,131.74
Made Against Texas Municipal League Intergovernmental Risk Pool
(TML) As A Result Of Property Damage To City Dump Truck Vehicle
#1784
(25) P.R. No. 18194 — A Resolution Rescinding In Its Entirety Resolution
No. 14 -028 Which Awarded The Temporary Staffing Contract
Between The City Of Port Arthur And Silva Solutions, LLC., Of
Nederland, Texas, For Category H: "Event Laborer At Civic Center ".
(26) P.R. No. 18195 — A Resolution Pertaining To The Legal Services
Agreement With Olson & Olson
(27) P.R. No. 18199 — A Resolution As It Pertains To The Purchase Of
Lots 1 Through 8, Block 3, W. H. Schmyser Subdivision No. 3,
Being The Corner Of Grannis Avenue And Reverend Ransom
Howard Street, From The City Of Port Arthur Section 4A Economic
Development Corporation, In The Amount Of $3,900.00; Funding
Available In Account No. 001 - 1003 - 512.59 -00 M97903
(28) P.R. No. 18201 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Property Damage Claim In The
Amount Of $15,129.44 Made Against Texas Municipal League
Intergovernmental Risk Pool (TML) As A Result Of Damage To The
Pleasure Island Cart Barn (1901 T B Ellison Parkway)
(29) P.R. No. 18202 — A Resolution Authorizing The Placing Of A
Proposition On The May 10, 2014 Election Ballot Regarding The
Restoration And Rehabilitation Of Rose Hill Manor
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AGENDA
FEBURARY 18, 2014
VI. CONSENT AGENDA — CONTINUED
(30) P.R. No. 18203 — A Resolution Authorizing The City Manager To
Execute A One -Year Extension Of The Existing Lease Between The
City Of Port Arthur And The New Orleans Regional Transit Authority
(NORTA) For The Lease Of Ten Buses, In An Amount Not To
Exceed $6,000.00. (Account No. 401 - 1501 - 561.51 -00)
(31) P.R. No. 18205 — A Resolution Authorizing The City Manager To
Execute A Contract With American Facility Services Of Alpharetta,
Georgia, For Janitorial Service For City Hall And City Hall Annex.
Funding Is Available In Account 001 - 1206 - 531.32 -00 For An Annual
Amount Not To Exceed $34,896.00
(32) P.R. No. 18206 — A Resolution Authorizing The March 4, 2014,
Regularly Scheduled Council Meeting Times Be Changed To 8:30
A.M.
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT
A. Resolutions
(1) P.R. No. 18180 — A Resolution Pertaining To Request Submitted By
The Law Firm Of Langston Scott Adams
(2) P.R. No. 18196 — A Resolution Supporting The Submission Of An
Application By Port Arthur LM, LP For Housing Tax Credits At 1300
Joe Louis Avenue And Authorizing An Allocation Of The
Rehabilitation /Construction Of The Development (Requested By
Councilmember Lewis)
(3) P.R. No. 18197 — A Resolution Of No Objection To The Submission
Of An Application By Port Arthur LM, LP For Housing Tax Credits At
1300 Joe Louis Avenue (Requested By Councilmember Lewis)
(4) P.R. No. 18198 — A Resolution Approving The City Of Port Arthur
Section 4A Economic Development Corporation To Repurchase
Property From The Port Arthur Housing Authority
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FEBURA RY 18, 2014
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT —
CONTINUED
(5) P.R. No. 18200 — A Resolution Appointing And /Or Reappointing A
Member Or Members To The Pleasure Island Advisory Committee
(Requested By Councilmember Lewis)
B. Ordinances
(1) P.O. No. 6366 — An Ordinance Amending Chapter 78 Of The Code
Of Ordinances By Deleting Section 78 -244 To The Code Of
Ordinances (Requested By Councilmember Albright)
(2) P.O. No. 6368 — An Ordinance Authorizing The Retirement Of The
Canine Explosive Detection Dog "Zeus" And Transferring To The
Personal Care Of Antonio Mitchell
(3) P.O. No. 6369 — An Ordinance Authorizing A Special Warranty Deed
For Conveyance Of Property To Jefferson County
(4) P. 0. No. 6370 — An Ordinance By The City Of Port Arthur, Texas
("City ") Denying The Rate Increase Request Of Entergy Texas, Inc.,
Filed On September 25, 2013; Setting Just And Reasonable Rates
For Entergy Texas, Inc., For Service Within The Municipal Limits
Pursuant To A Settlement With Entergy Texas, Inc.; Requiring
Entergy Texas, Inc., To File Updated Tariffs In Compliance With
The Approved Rates; Finding That The Meeting Complies With The
Open Meetings Act; Making Other Findings And Provisions Related
To The Subject; And Declaring An Effective Date
(5) P. 0. No. 6371 — An Ordinance Of The City Council Of Port Arthur,
Texas, Authorizing Participation With Other Entergy Service Area
Cities In Matters Concerning Entergy Texas, Inc., At The Public
Utility Commission Of Texas And The Federal Energy Regulatory
Commission In 2014
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AGENDA
FEBURARY 18, 2014
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 ":
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 551.071 Government Code — To Discuss With The City
Attorney Pending Litigation Regarding The City Of Port Arthur Vs.
The Estate Of Juanita Tyler
(2) Section 551.074 Government Code — To Discuss The Selection
Process Of Potential Candidates For The Position Of City Manager
(3) Section 551.071 Government Code — To Discuss With The City
Attorney Pending /Potential Litigation Regarding Cause No. E-
194887; Reginald Trainer, Efrain Avendano, Paul Hulin And Herman
Levingston v. City of Port Arthur
*The Items In Executive Session May Be Discussed And Acted Upon In
Open Session
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AGENDA
FEBURARY 18, 2014
IX. ADJOURNMENT OF MEETING
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NOTE: If The Meeting Extends Past 11:59PM, The City Council May Elect
To Recess The Meeting And Reconvene At 8:30AM On February 19, 2014.
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.