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HomeMy WebLinkAboutJUNE 10, 2014 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR E,k, - JOHN A.COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM City of coy INTERIM CITY MANAGER COUNCIL MEMBERS: 10./ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY ELIZABETH"LIZ"SEGLER O r t r t h u r MORRIS ALBRIGHT VAL TREND STEPHEN A.MOSELY Te.x�f' CITY ATTORNEY WILLIE"BAE" LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK AG E N DA City Council Regular Meeting June 10, 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 • www.portarthur.net City Council Meeting City Hall Council Chamber City Of Port Arthur June 10, 2014 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Freeman Councilmember Scott, Jr. Councilmember Segler Councilmember Albright, III Councilmember Mosely Councilmember Lewis, Jr. Councilmember Williamson Councilmember Frank Interim City Manager Comeaux P.E. City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes — None III. PETITIONS & COMMUNICATIONS A. Speakers — None (1) Eddie Levy, Regarding "To Whom Much Is Given, Much Is Required" • B. Presentations (1) Dr. Pringle, Regarding Housing And Urban Development (HUD) (2) Mayor Prince, Regarding General Land Office (GLO) AGENDA JUNE 10, 2014 IV. *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: *The Items In Executive Session May Be Discussed And Acted Upon In Open Session (1) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (Zeo Gas LLC) III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentation (3) Zeo Gas LLC, Regarding A Project Being Undertaken Within The Corporate City Limits Of Port Arthur, LLC C. Employee Recognition — None D. Correspondence — None 2 AGENDA JUNE 10, 2014 V. PUBLIC HEARINGS — 9:00 A.M. (1) To Consider Whether Or Not To Authorize The Chief Of Police To Issue A Wrecker Permit For The Following Named Business: REY- ES Towing Service Juan Reyes, Owner/Operator 6024 Gulfway Port Arthur, TX 77642 VI. 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. 18330 — A Resolution Authorizing The City Manager To Execute A Contract Between The Port Arthur Hispanic Baseball League And The City Of Port Arthur For The Use Of Barbara Jacket Baseball Field At Barbara Jacket Park From May 27, 2014 to November 30, 2014 (2) P.R. No. 18342 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Mayor Pro Tern Freeman) (3) P.R. No. 18360 — A Resolution Authorizing The City Manager To Execute A Contract Between The Port Arthur Hispanic Open Independent League And The City Of Port Arthur For The Use Of Leger Baseball Field At Pioneer Park From May 27, 2014 Through November 30, 2014 VII. 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. 3 AGENDA JUNE 10, 2014 VII. CONSENT AGENDA — CONTINUED Resolutions — Consent (1) P.R. No. 18337 — A Resolution Authorizing The City Manager To Execute A Professional Services Contract Between The City Of Port Arthur And SCS Engineers Of Bedford, Texas, To Provide The Necessary Design And Construction Phase Services For The New North Detention Basin At The City's Landfill, In An Amount Not-To- Exceed $80,670.00, With Funding Available In Account No. 403- 1274-533.54-00 (2) P.R. No. 18350 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Soutex Surveyors And Engineers For The Extension Of A Contract For The Purpose Of Providing Certain Professional Services Related To Performing A Master Drainage Study To Maximize Development Within A Target Area Of The City Of Port Arthur, And At No Additional Cost To The City (3) P.R. No. 18354 — A Resolution Authorizing A Non-Exclusive Contract With Econo Lodge Inn & Suites As To Provide Services, Supplies, Accommodations, Or Conference Rooms, In The Case Of An Emergency Or Disaster With The Term Of The Agreement From July 24, 2014 To July 23, 2016 (4) P.R. No. 18356 — A Resolution Authorizing The City Manager To Execute The Third And Final Year Of The Agreement Between The City Of Port Arthur And O'Brien's Response Management, L.L.C. (Formerly O'Brien's Response Management, Inc.) Of Theodore, Alabama, For Debris Monitoring In The Event Of An Emergency For Disaster (5) P.R. No. 18357 — A Resolution Authorizing The City Manager To Execute The Third And Final Year Of The Agreement With Crowder Gulf Of Theodore, Alabama, For Debris Removal And Emergency Services For The City Of Port Arthur In The Event Of An Emergency Or Disaster 4 AGENDA JUNE 10, 2014 VII. CONSENT AGENDA — CONTINUED (6) P.R. No. 18359 — A Resolution Authorizing The City Manager To Execute The Second Year (1St Renewal) Of The Agreement With HD Supply Waterworks, LTD., Of Beaumont, Texas, For Supplying High Density Polyethlene Pipe (HDPE) In An Amount Not To Exceed $25,000.00 Per Year. Account Nos. 001-1204-531.34-00 And 001- 1204-531.84-00 (7) P.R. No. 18363 — A Resolution Authorizing The City Of Port Arthur To Enter Into A Memorandum Of Understanding (MOU) With The Southeast Texas Regional Planning Commission (SETRPC) To Enhance The City's Existing Communication Capabilities With Blackboard Connect, In A Not To Exceed Amount Of $14,061.56; Funding Available In Account No. 001-1101-521.61-03 (8) P.R. No. 18365 — A Resolution Authorizing The Amendment To Blanket Purchase Order No. 177157 For Maintenance Services For The Heating, Ventilation, & Air Conditioning Systems (HVAC) In City Buildings, With Southeast Service Co. Of Port Arthur, Texas, Increasing The Blanket Amount By $40,000.00 To A New Blanket Purchase Order Total Of $70,000.00, And Authorizing The Payment Of Invoice No. 8257 In The Amount Of $14,392.00 From Southeast Service Co. Funds Are Available In Various Departmental Accounts (9) P.R. No. 18366 — A Resolution Approving The Demolition And Clearance Of Three Hundred Twenty-Four (324) Dilapidated Residential Properties That Were Damaged As A Result Of Hurricane Ike, And Declaring Them Slum & Blight. The Texas General Land Office (GLO) Will Allocate Funding For The Activities (10) P.R. No. 18367 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 For A Time Extension To The Contract Between The City Of Port Arthur And Basco Construction, Inc., Of Nederland, Texas, And Accepting The Two Certificates Of Substantial Completion For The Concession Stands Constructed As Part Of Said Contract / 5 AGENDA JUNE 10, 2014 VII. CONSENT AGENDA — CONTINUED (11) P.R. No. 18368 — A Resolution Amending Resolution No. 14-251 As It Pertains To The Date Of The Quarterly Texas Municipal League Region 16 Meeting To Be Changed To Thursday, July 10, 2014 In The City Of Port Arthur (Requested By Mayor Prince) (12) P.R. No. 18369 — A Resolution Authorizing The Execution Of A Contract For The Purchase Of Resilient Seat Valves, For The Utility Operations Department With MDN Enterprises Of New Caney, Texas, In The Amount Not To Exceed $126,887.98; Funds Are Available In Account Nos. 410-1253-532.35-00 & 410-1255-532.33- 00 (13) P.R. No. 18371 — A Resolution Authorizing The City Manager To Make Application And Receive Funding Through The 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program In The Amount Of $33,022.00 (14) P.R. No. 18372 — A Resolution Amending Resolution No. 14-112 As It Pertains To A Uniform Tax Abatement Policy For The Term March 9, 2014 Through March 9, 2016 Pursuant To Chapter 312 Of The Texas Property Code (15) P.R. No. 18373 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Professional Service Contract With Vincent P. Hauser Architect In An Amount Not To Exceed $20,000.00; For Preparing And Submitting Preliminary State Of Texas Historic Tax Credit Application VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18374 — A Resolution Authorizing The June 24, 2014 Regularly Scheduled Council Meeting Date To Be Changed To June 25, 2014 At 5:30 P.M. 6 AGENDA JUNE 10, 2014 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances (1) P.O. No. 6386 — An Ordinance Amending Section 7.04 Of The City Of Port Arthur Section 4A Economic Development Corporation's Bylaws (2) P.O. No. 6387 — An Ordinance Repealing Ordinance No. 13-35 As To Pertains To Amending Section 78-269 (B) (1) Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Travel Expenses Deleting The Notification Provision (Requested By Councilmember Lewis) IX. *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: *The Items In Executive Session May Be Discussed And Acted Upon In Open Session (1) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (BASF And TOTAL) AGENDA JUNE 10, 2014 IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED (2) Section 551.072 Government Code — To Discuss The Value Of The Land located at 3451 57th Street (3) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (Orange County) (4) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Attorney (Requested By The City Attorney) (5) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Sterling Shipyard) (6) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Zeo Gas LLC) X. 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 June 11, 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 ************************************************************ 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.