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HomeMy WebLinkAboutMAY 13, 2014 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR JOHN COMEAUX, P.E. ROBERT E. "BOB" WILLIAMSON, MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: City of V \ SHERRI BELLARD, TMRC RAYMOND SCOTT, JR. � � CITY SECRETARY ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, III VALECIA R. TIZENO WILLIE "BAE" LEWIS, JR. O r t r t h u r CITY ATTORNEY DERRICK FREEMAN KERRY "TWIN" THOMAS MA as AG E N DA City Council Regular Meeting May 13, 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. City Council Meeting City Hall Council Chamber City Of Port Arthur May 13, 2014 8:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES L 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 Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: • Police Chief Blanton Or Designee IL PROCLAMATIONS & MINUTES Proclamations Minutes April 15, 2014 Regular Meeting Id PETITIONS & COMMUNICATIONS A. Speakers (1) Nicole Guilbeau and Reao Keller, Regarding Unfair Hiring Practices For Port Arthur Citizens B. Presentations (1) Dr. Albert T. Thigpen, Director Of Human Resources, Civil Service, Park And Recreation, On The Selection Of An Executive Search Firm AGENDA MAY 13, 2014 III. PETITIONS & COMMUNICATIONS - CONTINUED (2) Deborah Echols, Director Of Finance, 2 Quarter Financial Report C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARINGS — 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. 18290 — A Resolution Approving The 2014 City Streets Program In The City Of Port Arthur With Funding Available In Account No. 001 -1203- 531.86 -00 (2) P.O. No. 6378 — An Ordinance Adding Chapter 14, Article I Through I -E, Sections 14 -1 Through 14 -28, To The Code Of Ordinances As It Pertains To Boards, Authorities, Commissions And Committees (Requested By Mayor Pro Tem Williamson) 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. 2 AGENDA MAY 13, 2014 VI. CONSENT AGENDA — CONTINUED Resolutions — Consent (1) P.R. No. 18309 — A Resolution Authorizing The City Manager To Execute A Supplement To The Application Services Provider Agreement With Sungard Public Sector, Inc., In A Not Exceed Amount Of $16,000.00 To Add Click2Gov Employee Self Service; Funding Available In Account No. 001 - 1034 - 515.54 -00 (2) P.R. No. 18310 — A Resolution Authorizing The Fire Chief And Police Chief To Apply For The 2014 Port Security Grant (3) P.R. No. 18311 — A Resolution Adopting A Water Conservation Plan And A Drought Contingency Plan For The City Of Port Arthur To Promote Responsible Use Of Water And To Establish Criteria For The Initiation And Termination Of Drought Response Stages (4) P.R. No. 18312 — A Resolution Authorizing The City Manager To Enter Into A Lease And Maintenance Agreement For A Toshiba Copier With Manning's Office Solutions Of Beaumont, Texas, Through Tips/Taps In A Monthly Amount Not To Exceed $197.81, A One -Time Documentation Fee Of $69.50, And Maintenance Fee In A Monthly Amount Not To Exceed $50.00; Funding Available In Account No. 001 - 1121 - 522.51 -00 (5) P.R. No. 18313 — A Resolution Authorizing The City Manager To Make Application To The U.S. Department Of Housing And Urban Development For A Community Development Block Grant For An Amount Of $1,043,729.00 And A Grant Of An Amount For $233,391.00 In Home Funds And Authorizing The City Manager To Execute The City Of Port Arthur's 2014 Consolidated Annual Plan. The Consolidated Plan Will Be Submitted To The U.S. Department Of Housing And Urban Development (6) P.R. No. 18314 — A Resolution Designating And Establishing The Zachary Breaux Jazz Festival Entertainment Area For 2014, Designating Heritage Life Center Of St. Paul United Methodist Church As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Heritage Life Center Of St. Paul United Methodist Church AGENDA MAY 13, 2014 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 18316 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 4230 Charlotte Drive, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (8) P.R. No. 18317 — A Resolution Authorizing The Second And Final Year Contracts For The Purchase Of Water Treatment Chemicals For The Utility Operations Department With Key Chemical, Inc., Therchem Corp., Carus Corp., And Brenntag Southwest, Inc., For The Same Unit Prices Currently Paid. Funds Are Available In Account No. 410 - 1252 - 532.29 -02 & 410 - 1256 - 532.29 -00 (9) P.R. No. 18319 — A Resolution Accepting An Assignment Of A Water Transmission Line Easement From Sabine Pass Liquefaction, LLC (10) P.R. No. 18320 — A Resolution Authorizing The First -Year Renewal Of The Contract With Total Safety, U.S. Inc., Of Nederland, Texas, For Asbestos And Lead Abatement Consulting Services, In A Not To Exceed Amount Of $25,000.00; To Be Charged To Account No. 001 - 1052 - 517.59 -00 (General Fund) (11) P.R. No. 18321 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $5,425.30 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Animal Control Pickup Truck Vehicle #1988 (12) P.R. No. 18324 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee For The Construction Of The Pleasure Island Recreation Corridor Trail, Section 2 (Fishing Platform) And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas 4 AGENDA MAY 13, 2014 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 18326 — A Resolution Authorizing The Interim City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Allco, L.L.C., Of Beaumont, Texas, Increasing The Contract Amount By $144,462.89 To A New Contract Amount Of $3,517,847.89; Project No. WSI002, Account No. 429 - 1258 - 532.59 -00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 18318 — A Resolution Appointing And /Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (Requested By Councilmember Freeman) (2) P.R. No. 18322 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An Economic Incentive Conditional Grant Agreement With KT Holdings, Inc. (3) P.R. No. 18323 — A Resolution Authorizing The Selection Of A Search Firm As It Pertains To The City Manager Position (4) P.R. No. 18325 — A Resolution Authorizing A Contract Agreement Between The City Of Port Arthur And The South East Texas Regional Planning Commission For Demolition Program Services B. Ordinances (1) P.O. No. 6372 — An Ordinance Amending Article XI (Historical Landmark Commission), Section 14 -351 (A) Of The Code Of Ordinances Of The City Of Port Arthur 5 AGENDA MAY 13, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT — CONTINUED (2) P.O. No. 6381 — An Ordinance Granting An Abandonment Of A Twenty Feet (20') Wide Alley Right -Of -Way And A Ten Feet (10') Wide Alley Right -Of -Way Located Within And Adjacent To The Old Interurban Right -Of -Way, Block 12, Town Of Griffing, In Port Arthur, Jefferson County, Texas, And Depicted On The Display And Providing The Effective Date Of This Ordinance (A14 -01 — The Hughen Center, Inc.) (3) P.O. No. 6382 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit # 221 To Allow The Land Use Of "Auto Storage For Wrecker Service" At 3517 25 Street, A 0.4155 Acre Tract Of Land Legally Described As "Tract 26 -A, Block 27, Town Of Griffing, City Of Port Arthur, Jefferson County, Texas" (Violation Of This Ordinance And The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1 -13 Of The Code Or Ordinances As Amended By A Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date (4) P.O. No. 6383 — An Ordinance Authorizing The Conveyance Of Properties To Low And Moderate Income Residents Of The City Who Are Participating In The Hurricane Ike Round Two (2) Housing Reconstruction Program Through The Texas Department Of Housing & Community Affairs (TDHCA) Vf. *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 ": 6 AGENDA MAY 13, 2014 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED 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 (GMB, Team Industries, Port Arthur Manufactoring, and KT Holdings, Inc.) (2) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (Zeo Gas LLC) (3) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (4) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements And Legal Issues Related To Potential Tax Abatements *The Items In Executive Session May Be Discussed And Acted Upon In Open Session DC 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 May 14, 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 ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 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.