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HomeMy WebLinkAbout(0) 04-04-14 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR Energy — JOHN A. COMEAUX, P.E. ROBERT E. WILLIAMSON, MAYOR PRO TEM City of cry, INTERIM CITY MANAGER COUNCIL MEMBERS: I� SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER o r t r t h u r MORRIS ALBRIGHT VAL TIZENO ROBERT TROY Tc CITY ATTORNEY WILLIE "BAE" LEWIS, JR. DERRICK FREEMAN KERRY "TWIN" THOMAS AG E N DA City Council Regular Meeting March 4, 2014 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 -8128 City Council Meeting City Hall Council Chamber City Of Port Arthur MARCH 04, 2014 8:30AM PLEASE TURN OFF OR MUTE ALL CELL PHONES 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 — None Minutes January 21, 2014 Regular Meeting • January 30, 2014 Special Executive Meeting February 4, 2014 Special Executive Meeting III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) Finance — Report For 2014 First Quarter C. Employee Recognition — None AGENDA MARCH 04, 2014 III. PETITIONS & COMMUNICATIONS - CONTINUED D. Correspondence (1) Letter Of Resignation From Robert Troy 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. 18180 — A Resolution Pertaining To Request Submitted By The Law Firm Of Langston Scott Adams 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. (A) Expense Reports Assistant City Secretary, Kelly Moore: Irving, Texas For The TMCCP Election Law Seminar January 14 — 17, 2014 $1,319.38 Resolutions — Consent (1) P.R. No. 17934 — A Resolution Adopting A Uniform Tax Abatement Policy For The Term March 9, 2014 Through March 9, 2016 Pursuant To Chapter 312 Of The Texas Property Tax Code 2 AGENDA MARCH 04, 2014 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 18041 — 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 $291,585.00, Related To The Design And Construction Phase Services, For The Agreed Final Judgment And Permanent Injunction No. D- 1- GV -07- 001556 With The State Of Texas, Account No. 428 - 1625- 532.53 -00, Project No. 428WWT (3) P.R. No. 18059 — A Resolution Authorizing The Final Payment In The Amount Of $15,300.00, To A.M.I. Building Specialties For The Completion Of Bulkhead Repairs On Mariner's Cove Lots 32, 35, 43 And 44 Owned By The City Of Port Arthur On Pleasure Island (4) P.R. No. 18086 — A Resolution Authorizing The Payment In An Amount Not To Exceed $25,000.00, To Soutex Surveyors & Engineers Of Port Arthur, Texas, To Perform A Master Drainage Study To Maximize Development Potential Within A Target Area Of The City Of Port Arthur; Funds Available In Account No. 410 -1251- 532.54 -00 (5) P.R. No. 18208 — A Resolution Authorizing The City Manager, The Finance Director And The Comptroller To Serve As Signatories For The Texas General Land Office 2008 Supplemental Disaster Relief Fund (Ike Recovery Funds) (6) P.R. No. 18209 — A Resolution Authorizing The City Manager To Approve The Purchase Of An Additional One (1) Year Subscription For Code Enforcement Software With Citizenserve Online Solutions, LLC, For The Environmental Health Division, In An Amount Not To Exceed $18,800.00; Funds Available In Account No. 001 -1304- 541.57 -00 (7) P.R. No. 18210 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract Between The City Of Port Arthur And MK Constructors, Of Vidor, Texas, Increasing The Contract Amount By $27,650.00, To A New Contract Amount Of $1,956,450.00, Project No. I21GST, Account No. 144- 1201 - 532.85- 00 AGENDA MARCH 04, 2014 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 18211 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And MK Constructors, Of Vidor, Texas, Increasing The Contract Amount By $6,908.57, To A New Contract Amount Of $1,963,358.57, Project No. I21GST, Account No. 144- 1201 - 532.85- 00 (9) P.R. No. 18213 — A Resolution Calling For A Public Hearing To Consider The Submission Of An Application For The Proposed Award Of Funds From The Federal Transit Administration For Operations, Planning And Capital Projects For The Port Arthur Transit (PAT) (10) P.R. No. 18215 — A Resolution Accepting A Grant From Enterprise Products For The Purpose Of Improving City Parks (Requested By Mayor Deloris Prince) (11) P.R. No. 18216 — A Resolution To Amend The 2013 Community Development Block Grant Contract For Lifesaver Ministry (12) P.R. No. 18217 — A Resolution Authorizing The City Manager To Execute A Contract Extension 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; For No Additional Cost. Account 001- 1202 - 531.54 -00 (13) P.R. No. 18219 — A Resolution Authorizing The Final Payment Including 10% Retainage In The Amount Of $79,561.65 To GADV Inc., DBA L &L General Contractors For The Completion Of The Construction Of Transit Auto Scrubber Facility As Contracted With The City Of Port Arthur. (Account No. 402 - 1508 - 561.82 -00, Grant Nos.TX -96 -X042, TX -96 -X040, TX -90 -X859 ALI Nos.11.44.03 And 11.42.06 4 AGENDA MARCH 04, 2014 VI. CONSENT AGENDA — CONTINUED (14) P.R. 18221 - A Resolution Authorizing The City Manager To Execute Change Order 04 To The Contract Between The City Of Port Arthur And GADV, Inc., DBA L &L General Contractors Of Beaumont, Texas, For The Purpose Of Site Testing For The Transit Auto Scrubber, Increasing The Contract Amount By $7,922.20 To A New Total Of $803,538.70; Funds Available In Account No. 401- 1509- 561.54 -00 (15) P.R. 18226 — A Resolution Authorizing The City Manager To Execute A Permanent Access Road Easement To Sunoco Pipeline L.P., To Aid In The Construction And Maintenance Of The Sunoco Pipeline VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions — None B. Ordinances (1) P.O. No. 6367 — An Ordinance Continuing The Juvenile Curfew Ordinance As Delineated In Sections 62 -101 To 62 -106 Of The Code Of Ordinances Of The City Of Port Arthur (2) P.O. No. 6373 — An Ordinance Reconsidering Ordinance No. 14 -04 As It Pertains To Amending Chapter 78 Of The Code Of Ordinances By Deleting Section 78 -244 To The Code Of Ordinances (Requested By Councilmember Thomas) 5 AGENDA MARCH 04, 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 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (Zeo Gas LLC) (2) Section 551.074 Government Code — To Discuss The Selection Process Of Potential Candidates For The Position Of City Manager *The Items In Executive Session May Be Discussed And Acted Upon In Open Session IX. ADJOURNMENT OF MEETING ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** NOTE: If The Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On March 05, 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 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 6 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.