Loading...
HomeMy WebLinkAboutJULY 8, 2014 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR JOHN COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: City'of VI ligYr SHERRI BELLARD RAYMOND SCOTT,JR. )k) CITY SECRETARY,TRMC ELIZABETH"LIZ"SEGLER MORRIS ALBRIGHT,III VALECIA R.TIZENO STEPHEN A.MOSELY O rt rth u r CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.`BOB"WILLIAMSON Texas KAPRINA RICHARDSON FRANK AG E N DA City Council Regular Meeting July 8, 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) 983-8 115• City Council Meeting City Hall Council Chamber City Of Port Arthur July 8, 2014 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tern 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 A. Speakers — None B. Presentations (1) Mayor Deloris Prince, Regarding The Certificate Of Achievement For Excellence In Financial Reporting (CAFR) (2) Albert T. Thigpen, Regarding Employee Service Awards For The Year 2013 C. Employee Recognition — None D. Correspondence — None 1 AGENDA JULY 8, 2014 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Correspondence — None 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: 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Mayor, Deloris Prince: Dallas, Texas. Conference Of Mayors Dates Of Trip: June 20 — 21, 2014 $1,659.74 Fort Worth, Texas. TML Board Meeting Dates Of Trip: June 26 — 27, 2014 $769.35 Mayor Pro Tem, Derrick Freeman Austin, Texas, Texas Municipal League Leadership Class Dates Of Trip: June 18 — 20, 2014 $574.20 2 AGENDA JULY 8, 2014 VI. CONSENT AGENDA Resolutions — Consent (1) P.R. No. 18358 — A Resolution Authorizing The City Manager To Execute The Second Year, First Renewal, Of The Contract With Garner Environmental Services, Inc., Of Deer Park, Texas, For The Provisions Of Emergency Environmental, Disaster, And Logistical Response Services In The Event Of An Emergency Or Disaster (2) P.R. No. 18384 — A Resolution Authorizing The Execution Of A Twelve (12) Month Maintenance Contract Between The City Of Port Arthur And Copy & Camera Technologies Of Beaumont, Texas, In The Not To Exceed Amount Of $2,000.00; Funding Available In Account No. 001-1051-517.59-00 (3) P.R. No. 18388 — A Resolution Authorizing The City Manager To Execute A Two (2) Year Agreement Between Iglesia Triunfo Church And The City Of Port Arthur For The Use Of Church Property For Soccer And Related Activities (4) P.R. No. 18389 — A Resolution Authorizing The City Manager To Extend The Contract With The LaBiche Architectural Group, Inc., Of Beaumont, Texas, For An Additional 90 Days For The Architectural Repair And Restoration Assessment Of Rose Hill Manor Historic Structure (5) P. R. No. 18391 — A Resolution Authorizing The City Manager To Execute The Second Year (First Renewal) Of The Contract With Affordable Lawn And Tractor Service Of Port Arthur, Texas, For Grass Cutting Services And Landscape Maintenance At The Sabine Pass Community Center And Lions Park In An Amount Not To Exceed $10,000.00; Funding Available In Account No. 001-1061- 518.31-00 3 AGENDA JULY 8, 2014 VI. CONSENT AGENDA — CONTINUED (6) P. R. No. 18392 — A Resolution Authorizing The City Manager To Execute The Second Year (First Renewal) Of The Contract With Affordable Lawn And Tractor Service Of Port Arthur, Texas, For Grass Cutting Services And Landscape Maintenance At The West Side Community Complex In An Amount Not To Exceed $10,000.00; Funding Available In Account No. 001-1061-518.31-00 (7) P.R. No. 18394 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Excavators And Constructors, LTD, Of Port Arthur, Texas, Increasing The Contract Amount By $131,405.00; To A New Contract Amount Of $1,832,795.80, And Increasing The Contract Time By Thirty (30) Calendar Days, Project No. I2114T, Account No. 144-1201-532.59-00 (8) P.R. No. 18395 — A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The 5th Street Paving And Drainage Improvements Project — DeQueen Boulevard To 5th Avenue, With Excavators And Constructors , LTD., Of Port Arthur, Texas, In The Amount Of $1,991,843.25; GLO Round 2.1 Program, Project No. I215TH, Account No. 144-1201-532.59-00 (9) P.R. No. 18398 — A Resolution Approving An Amendment To The FY 2014 Contract Between The City Of Port Arthur And The Department Of State Health Services Primary Health Care Program Reducing The Contract Ceiling To An Amount Not To Exceed $70,000.00 (10) P.R. No. 18399 — A Resolution Calling For A Public Hearing To Consider Proposed Abandonments For The Hughen Center, Inc. A14-03 —The Hughen Center, Inc. (11) P.R. No. 18400 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $5,284.65 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Police Vehicle #1885 4 AGENDA JULY 8, 2014 VI. CONSENT AGENDA — CONTINUED (12) P.R. No. 18401 — A Resolution Authorizing The Second Year (First Renewal) Of The Existing Contract With JJCM Enterprises, Inc., D/B/A Park Avenue Cleaners Of Port Arthur, Texas, For Police Uniform Cleaning Services In A Not To Exceed Annual Amount Of $46,750.00; Funds Are Available In Account No. 001-1101-521.26- 00 (13) P. R. No. 18402 - A Resolution Authorizing The Second Year (First Renewal) Of The Existing Contract With American Personnel & Temps Of Beaumont, Texas, For Providing School Crossing Guard Services For The Police Department In The Amount Of $11.81/HR, Not To Exceed $66,727.30; To Be Charged To Account No. 001- 1101-521.54-00 (14) P.R. No. 18403 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 Between The City Of Port Arthur And Allco, L.L.C., For The Waterline From 19th Street To The Sabine Neches Canal, For A Change In Piping Material Decreasing The Contract Amount By $21,980.00 To A New Total Of $3,133,466.00, And A Time Extension Of Six (6) Days, Increasing The Contract Time To 371 Days, Account No. 429-1258-532.59-00, Project No. WSI003 (15) P.R. No. 18406 — A Resolution Approving An Affiliation Agreement Between The City Of Port Arthur Health Department And Lamar University, Beaumont, Texas, For The Use Of Community-Based Clinical Facilities For The Education Of Nursing Students (16) P.R. No. 18407 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Leslie McMahen, P.E., To Provide Contract Services For The City's Department Of Public Works (17) P.R. No. 18410 — A Resolution Authorizing The City Manager To Execute A One Year Agreement With FarrWest Environmental Supply, Inc., Of Shertz, Texas, In An Amount Not To Exceed $33,152.80 For The Lease, Calibration And Servicing Of Hazardous Materials Detection Equipment. Funding From Account No. 001- 1121-522.42-00 5 AGENDA JULY 8, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18375 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Library Board (2) P.R. No. 18408 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Frank) B. Ordinances (1) P.O. No. 6388 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $6,118.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Water Distribution Vehicle #1673 (2) P.O. No. 6390 — An Ordinance Adding Section 2-53 To The Code Of Ordinances As It Pertains To A Speaking Procedure For Public Hearings 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 6 AGENDA JULY 8, 2014 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED Closed Meeting: *The Items In Executive Session May Be Discussed And Acted Upon In Open Session (1) 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 (2) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (3) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (ZeoGas 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 July 9, 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.