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HomeMy WebLinkAbout04-01-14 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR e.,,r R• JOHN A. COMEAUX, P.E. ROBERT E. WILLIAMSON, MAYOR PRO TEM C it_y of -- cr^ INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI ��'� ����'i�`�� � BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER o r t r t h u r MORRIS ALBRIGHT VAL TIZENO WILLIE "BAE" LEWIS, JR. Texas CITY ATTORNEY DERRICK FREEMAN KERRY "TWIN" THOMAS AG E N DA City Council Regular Meeting April 1, 2014 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) 983-8115. P.O BOX 1089 • PORT ARTHUR, TEXAS 77641 -1089 • 409/983 -8115 • FAX 409/983 -8128 • www.portarthur.net City Council Meeting City Hall Council Chamber City Of Port Arthur April 1, 2014 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 Lewis Councilmember Freeman Councilmember Thomas Interim City Manager Comeaux, P.E. City Manager Johnson City Secretary Bellard City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes March 20, 2014 Joint EDC Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) Valecia Tizeno, City Attorney, Regarding The Initial Roundtable Workshop With Companies That Have Industrial District Agreements With The City Of Port Arthur Held On March 28, 2014 AGENDA APRIL 1, 2014 III. PETITIONS & COMMUNICATIONS C. Employee Recognition D. Correspondence — None IV. PUBLIC HEARINGS — 6:00 P.M. (1) To Consider Z14 -02 (Sup #221) — Specific Use Permit For Lenin Ruiz For The Operation Of An Auto Wrecker /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 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. (A) Expense Reports Councilmember, Willie "Bae" Lewis, Jr.: Washington, D.C. For The National League Of Cities Conference March 8 -12, 2014 $3,365.95 (B) Mayor, Deloris Prince: Beaumont, Texas. Meetings At The South East Texas Regional Planning Commission Dates Of Trips, Various $55.37 AGENDA APRIL 1, 2014 VI. CONSENT AGENDA — CONTINUED Resolutions — Consent (1) P. R. No. 18171 — A Resolution Authorizing The City Manager To Enter Into A Contract With American Facility Services, Of Alpharetta, Georgia, For Janitorial Services For The Police Department, Fire Administration And Municipal Court Buildings, In An Amount Not To Exceed $46,800.00 Annually. Funds Available In Account No. 001 - 1101- 521.32 -00 (2) P.R. No. 18207 — A Resolution Pertaining To The Department Of The Army License And The Sabine Neches Waterway Project, Sabine Neches Canal (3) P.R. No. 18218 — A Resolution Amending The 2014 Contract Between The City Of Port Arthur And The Department Of State Health Services To Extend The Contract Period To September 30, 2014, Revise Paragraph M In Section 1 And The Administrative Rate In Section VIII, And Increasing Funds From $295,105.00 to $588,147.00 (4) P.R. No. 18236 — A Resolution Designating The Early Voting Ballot Board, Deputy Lead And Alternate Lead Early Voting Clerks, Election Day Presiding Judges And Alternate Judges, As Well As Appointing The Presiding Judge, Alternate Judge, Tabulation Supervisor, Ballot Production Specialist, Counting Station Manager And Election Records General Custodian Of The Central Counting Station For The May 10, 2014 General Election UNA RESOLUCION DESIGNANDO LA TABLA DE BOLETAS PARA LA VOTACION TEMPRANA, DIPUTADO PRINCIPAL Y SECRETARIOS ALTERNATIVOS DE VOTACION TEMPRANA, JUECES QUE PRESIDEN EL DIA DE ELECCIONES Y JUECES ALTERNATIVOS, TAMBIEN APUNTANDO EL JUEZ, JUEZ ALTERNATIVO, SUPERVISOR DE TABULACIONES, ESPECIALISTA DE PRODUCCION DE BOLETAS, GERENTE DE LA ESTACION DE CONTEO Y EL CUSTODIO GENERAL DE REGISTROS ELECTORALES DE LA ESTACION CENTRAL DE CONTEO PARA LAS ELECCIONES GENERALES DEL 10 DE MAYO 2014 AGENDA APRIL 1, 2014 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 18246 — A Resolution Authorizing A Consulting Contract With Muniservices, LLC For Sales Tax Compliance Review On A Contingency Fee Basis. Providing For Payment Of 35% Of Sales Tax Recovered And A Sales Tax Analysis And Reporting Services Package (STARS) In An Amount Not To Exceed $8,000.00 Account #001 - 1031 - 515.54 -00 (6) P.R. No. 18247 — A Resolution Pertaining to an Agreement Between The City Of Port Arthur And Carl Parker; Funding Available In Account No. 001 - 1003 - 512.59 -00, Project No. M97913 (7) P.R. No. 18248 — A Resolution As It Pertains To A Consultant Agreement With Carl R. Griffith & Associates For Professional Consulting Services (8) P.R. No. 18250 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 Between The City Of Port Arthur And Excavators & Constructors, LTD., And Change Order No. 3 With The General Land Office (GLO) For The Highway 87 Water Transmission Line Project, Increasing The Contract Term By Seventeen (17) Days Due To Rain Delays, To A New Term Of 299 Days (9) P.R. No. 18251 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 Between The City Of Port Arthur And Placo, LTD; For The Sabine Pass Metering Facility, Increasing The Contract Time By Twenty -Two (22) Days Due To Inclement Weather Conditions, To A New Term Of 112 Days (10) P.R. No. 18252 — A Resolution Authorizing Extensions Until December 31, 2014, To The Contracts With Affordable Lawn And Tractor Of Port Arthur, Texas, For Groups E And F For Grounds Maintenance For The Utility Operations Department, In An Amount Not To Exceed $4,050.00 For Group E, And $24,900.00 For Group F. Funds Are Available In Account No. 410 - 1255 - 532.59 -00 4 AGENDA APRIL 1, 2014 VI. CONSENT AGENDA — CONTINUED (11) P.R. No. 18253 — A Resolution Authorizing Extensions Until December 31, 2014, To The Contracts With Joey's Tractor Service Of Port Arthur, Texas, For Groups A, B, And G, For Grounds Maintenance For The Utility Operations Department, In An Amount Not To Exceed $18,460.00 For Groups A & B, And $5,596.00 For Group G. Funds Are Available In Account No. 410 - 1255 - 532.59 -00 (12) P.R. No. 18254 — A Resolution Authorizing An Extension Until December 31, 2014, To The Contract With Amelia Lawn Care And Landscaping Service Of Groves, Texas, For Groups C And D, For Grounds Maintenance For The Utility Operations Department, In An Amount Not To Exceed $7,640.00. Funds Are Available In Account No. 410 - 1255 - 532.59 -00 (13) P.R. No. 18256 — A Resolution Authorizing The City Manager To Execute The Second Year Of A Three Year Renewable Contract Between The City Of Port Arthur And Hollier Construction Of Groves, Texas, For Slip -Form Placement Of Concrete On A Unit Cost Basis, For The Not To Exceed Amount Of $100,000.00. Accounts 001 - 1203 - 531.36/51/86 And CDBG Street Project Accounts (14) P. R. No. 18257 — A Resolution Pertaining To Request Submitted By The Law Firm Of Langston Scott Adams (Requested By Councilmember Lewis) (15) P.R. No. 18262 — A Resolution Authorizing The City Manage To Enter Into A Purchase Agreement With Imagenet Consulting Of Houston, Texas, For The Purchase Of Additional Laserfiche Client Licenses And Maintenance For The Amount Of $7,963.50. Funding Available In Account 001 -1034- 515.57 -00 (16) P.R. No. 18265 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And L & L General Contractors Of Beaumont, Texas, For The Construction Of The Pleasure Island Recreation Corridor Trail, Section 2, Increasing The Contract Amount By $2,995.68 To A New Contract Amount Of $93,606.68 5 AGENDA APRIL 1, 2014 VI. CONSENT AGENDA — CONTINUED (17) P.R. No. 18266 — A Resolution Authorizing The Execution Of A Contract For The Purchase Of Repair Clamps, For One Year, For The Utility Operations Department With H D Supply Of Beaumont, Texas, In The Total Not To Exceed Amount Of $134,112.05 Annually. Funds Are Available In Account No. 410 - 1253 - 532.35 -00 & 410 - 1255 - 532.33 -00 (18) P.R. No. 18270 — A Resolution Authorizing The Execution Of An Amendment To The Agreement Between Linebarger, Goggan, Blair & Sampson And The City Of Port Arthur As To Extend The Agreement Expiration Date, February 28, 2014 To July 1, 2014. Funds Available In Account No. 001 - 1011 - 513.56 -00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions — None B. Ordinances (1) P. 0. No. 6337 — An Ordinance Amending Section 78 -269 (B) (1) Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Travel Expenses (Requested By Councilmember Lewis) 6 AGENDA APRIL 1, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT — CONTINUED (2) P.O. No. 6376 — An Ordinance Amending Ordinance No. 14 -01 Providing For The Conduct Of The May 10, 2014, General Election For The Purpose Of Electing Six (6) Councilmembers In The City Of Port Arthur, Texas; Declaring An Unopposed Candidate Elected For District 3 And Providing For A Joint Election With The Port Arthur Independent School District, And Cancelling The Conduct Of A Joint Election With The Sabine Pass Port Authority And The Sabine Pass Independent School District In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice UNA ORDENANZA QUE EMENDA LA ORDENANZA NO. 14 -01 QUE PROVEE PARA LA CONDUCTA DE LAS ELECCIONES GENERAL EL 10 DE MAYO, 2014 CON EL PROPOSITO DE ELEGIR A SEIS (6) MIEMBROS DEL CONSEJO MUNICIPAL DE PORT ARTHUR, TEXAS; DECLARA UN CANDIDATO SIN OPOSICION ELEGIDO PARA EL DISTRITO NUMERO 3 Y QUE PROVEE PARA UNA ELECCION JUNTO AL DISTRITO ESCOLAR INDEPENDIENTE DE PORT ARTHUR Y CANCELANDO LA CONDUCTA DE UNA ELECCION JUNTO EL AUTORIDAD DEL PUERTO DE SABINE PASS Y EL DISTRITO ESCOLAR INDEPENDIENTE DE SABINE PASS ACUERDO EL CAPITULO 271 DEL CODIGO DE ELECCIONES DE TEXAS, Y QUE PROVEE PARA LA PUBLICACION DE ESTE AVISO DE ELECCIONES i 4 AGENDA APRIL 1, 2014 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 April 2, 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 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** i 8 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.