Loading...
HomeMy WebLinkAboutMARCH 22, 2016 8:30 AM DELORIS"BOBBIE"PRINCE,MAYOR Energy ' BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of city CITY MANAGER COUNCIL MEMBERS: AisJ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L. HAMILTON Ort rthur MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY Texa.s CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI CHARLOTTE MOSES AG E N DA City Council Regular Meeting March 22, 2016 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 March 22, 2016 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tern Frank Councilmember Scott, Jr. Councilmember Hamilton Councilmember Albright, III Councilmember Mosely Councilmember Lewis, Jr. Councilmember Swati Councilmember Moses City Manager McDougal City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS Proclamations RECEPTION III. PETITIONS & COMMUNICATIONS A. Speakers (1) Alicia Marshall Regarding The Placement Of No Thru Truck Signs And Regulations (2) Frederick M. Williams Regarding "Extending An Olive Branch From The Community To The City Regarding Untapped Resources And Manpower". 1 AGENDA MARCH 22, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Police Chief Blanton Regarding, Crime Report and Racial Profiling Report (2) A Presentation By Public Works Pertaining To Edison Square (Requested By Councilmember Lewis) C. Citizen Recognition — None D. Correspondence — None IV. PUBLIC HEARINGS — 9:00 A.M. (1) To Consider The Proposed Abandonment Of A16-01 (Kathy White) For A 0.0074 Acre Of Land Consisting Of A 2.5' X 114' Portion Of The 7.5' X 114' Utility Easement Located On Lot 11, Block 31, Lakeside Park, Unit 4, City Of Port Arthur, Jefferson County, Texas V. UNFINISHED BUSINESS — 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 1 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 (Al) Councilmember Charlotte Moses: Elected Officials Conference Bastrop, TX February 17 - 22, 2016 $1,676.94 2 AGENDA MARCH 22, 2016 VI. CONSENT AGENDA — CONTINUED B. Resolutions — Consent (1) P.R. No. 19214 — A Resolution Approving Funding Of $7,500.00 From The City Of Port Arthur Section 4A Economic Development Corporation To The Southeast Texas Economic Development Foundation (SETEDF) For The Assistance Of The Regional Economic Development Initiative (REDI) To Coordinate The Regional Economic Development Efforts For The Region Of Hardin, Jefferson, And Orange Counties Account No. 120-1429-582.53-00 (2) P.R. No. 19263 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For The 9th Street Paving Improvements Project And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment In The Amount Of $38,471.52; GLO Round 2.1 Program, Project No. 12110T, Account No. 144-1201-532.59-00 (3) P.R. No. 19265 — A Resolution Approving A Memorandum Of Understanding Between The City Of Port Arthur And The Medical Center Of Southeast Texas For Use Of Hospital Facilities In The Event Of A Public Health Emergency (4) P.R. No. 19286 — A Resolution Of The City Of Port Arthur, Texas, Designating Capital One Bank, N.A., As The Depository Bank For The City Of Port Arthur, And Authorizing The City Manager To Execute All Documents Necessary To Implement The Contract Renewal To Be Effective April 1, 2016 (5) P.R. No. 19287 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Award A Bid And Enter Into A Contract With Bruce's General Construction, Inc., For The Construction Of A Recreational Area Inside The Spur 93 Business Park In An Amount Not To Exceed $135,000.00 AGENDA MARCH 22, 2016 VI. CONSENT AGENDA — CONTINUED (6) P.R. No. 19302 — A Resolution Authorizing The Purchase Of A Compact Excavator From John Deere Shared Services Of Moline, Illinois, Under H-GAC, Contract No. HT 06-14, For The Utilities Department, In The Amount Of $39,493.24. Funding Available In Account Number 625-1801-531.93-00, Project Number FH1601 (7) P.R. No. 19307 — A Resolution Rescinding Resolution No. 15-093 In Its Entirety, And Authorizing The Execution Of An Easement To The Port Arthur Housing Authority (8) P.R. No. 19309 — A Resolution Authorizing Payments To The City Of Beaumont For Weekend Landfill Use, With A Projected Budgetary Impact Of $50,000.00 Per Year. Account No. 403-1273-433.59-00, Public Works Department Solid Waste Commercial Division Other Contractual Services (9) P.R. No. 19318 — A Resolution Authorizing The Purchase Of A 2016 Chevrolet Tahoe From Caldwell Country Chevrolet Of Caldwell, Texas, Through Buyboard Cooperative Purchasing, For The Fire Department In The Amount Of $41,356.00. Funding Available In Account Number 625-1801-522.93-00 (10) P.R. No. 19320 — A Resolution Authorizing The Purchase Of PB Loader Dump Truck From BTE Body Company Of Irving, Texas, Under The Buyboard Contract No. 424-13, For The Public Works Department Drainage Division, In The Amount Of $96,347.00. Funding Available In Account Number 625-1801-531.93-00, Project Number FH1601 (11) P.R. No. 19322 — A Resolution Authorizing The Purchase Of Uniforms For The Fire Department From GT Distributors, Inc., Under A Buyboard Contract With A Projected Budgetary Impact Of $47,642.00; Funding Available In Fire Department Account No. 001-1121-522.26-00 (12) P.R. No. 19324 — A Resolution Approving A Memorandum Of Understanding Between The City Of Port Arthur And Spindletop MHMR Services For Use Of The Facilities In The Event Of A Public Health Emergency 4 AGENDA MARCH 22, 2016 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 19326 — A Resolution Authorizing The Purchase Of A 938M Wheel Loader (Front End) Of Beaumont, Texas, Under Buyboard Contract No. 424-13 For The Public Works Department Streets Division In The Amount Of $185,200.00. Funding Available In Account Number 625-1801-531.93-00, Project Number FH1601 (14) P.R. No. 19328 — A Resolution Authorizing The City Manager To Execute An Amendment To The Professional Service Contract Between The City Of Port Arthur And Action Civil Engineers, PLLC, Of Port Arthur, Texas, For Engineering Design Services For The 4th Street Project From Stadium Road To Duff Drive For No Additional Cost, Increasing The Term Of The Contract By 244 Days, With A New Completion Date To November 2, 2016 (15) P.R. No. 19330 — A Resolution Authorizing The First Renewal Of The City Of Port Arthur Section 4A Economic Development Corporation's Contract With Hayes Real Estate For The Commercial Leasing And Property Management Services Of 501 Procter Street In Port Arthur, Texas For An Additional One-Year Period (16) P.R. No. 19332 — A Resolution Authorizing The Acceptance Of A Directed Donation In The Amount Of $10,489.33 From Phillips 66 To Cover A Portion Of The City's Cost Share Portion Of The 2014 Port Security Grant Program (PSGP) For Projects Awarded To Enhance The Southeast Texas Regional Radio System (SETRRS) (17) P.R. No. 19333 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (18) P.R. No. 19336 — A Resolution Authorizing The City Manager To Execute A One Year Agreement With Siddons-Martin Emergency Group Of Port Arthur And Houston, Texas, For Preventive Maintenance And Repair To Fire Department Fire Apparatus And Other Special Response Vehicles, With A Projected Budgetary Impact Of $175,000.00. Funding Available In Fire Department Vehicle Maintenance Account No. 001-1121-522.43-00 5 AGENDA 4 3 MARCH 22, 2016 VI. CONSENT AGENDA — CONTINUED (19) P.R. No. 19337 — A Resolution Authorizing A Fourth Amendment To The Lease Of A Portion Of The Building At 441 Austin Avenue To Capital One, N.A. (20) P.R. No. 19338 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Pleasure Island Metering Station Contract Between The City Of Port Arthur And BDS Constructors, DBA MK Constructors Of Vidor, Texas, In An Amount Of $20,200.00 For Additional Materials, Increasing The Contract Amount To $646,453.00, And The Contract Time By 17 Days, Due To Delays In Material Deliveries, For A New Contract Completion Date Of April 18, 2016. Account No. 429-1258-532.59-00, Project No. WSI002 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19173 — A Resolution Appointing And/Or Reappointing Members To The Construction Board Of Adjustments And Appeals (2) P.R. No. 19262 — A Resolution Authorizing The City Manager To Execute Change Order No. 04 To The Contract Between The City Of Port Arthur And McInnis Construction, Inc., For The 18th Street Improvements Project, Increasing The Contract Amount By $95, 929.78, To A New Contract Amount Of $3,428,357.63, Increasing The Contract Term By 256 Days To A New Term Of 694 Days. GLO Round 2.2 Program, Project No. I22BB, Account #145-1201- 532.59-00 (3) P.R. No. 19323 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Scott) 6 t AGENDA MARCH 22, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.R. No. 19331 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Establish A Price Per Acre For The Additional 141 Acres Acquired Off Jade Avenue In The Business Park Located At 9555 W. Port Arthur Road At $35,200.00 Per Acre (5) P.R. No. 19334 — A Resolution Appointing New Members To The Port Arthur Youth Advisory Council (Requested By Councilmember Moses) B. Ordinances (1) P.O. No. 6531 — An Ordinance Providing For Service Changes And Revised Fares For Transit Service And Providing An Effective Date (2) P.O. No. 6535 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To A Low Or Moderate Income Resident Of The City Who Is Participating In The Hurricane Ike Housing Reconstruction Program Through The Texas Department Of Housing & Community Affairs (TDHCA) (3) P.O. No. 6537 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To An Eligible Homeowner Participating In The Neighborhood Stabilization Program 1 (NSP 1) Side Lot Disposition Program (4) P.O. No. 6539 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To An Eligible Homeowner Participating In The Neighborhood Stabilization Program 1 (NSP 1) Side Lot Disposition Program (5) P.O. No. 6540 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To An Eligible Homeowner Participating In The Neighborhood Stabilization Program 1 (NSP 1) Side Lot Disposition Program AGENDA MARCH 22, 2016 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 551.071 Government Code — To Discuss With The City Attorney/Legal Counsel Pending Litigation, Case No. 09-15-00372- CV, Trainer, Et Al Vs. City Of Port Arthur, Texas, Currently Pending In The Court Of Appeals Thirteenth District Of Texas, Corpus Christi-Edinburg, Texas, And Related Legal Issues/Concerns (2) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation With John Hall Public Affairs (3) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager (4) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Attorney (5) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Secretary 8 AGENDA MARCH 22, 2016 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (6) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The Municipal Court Judge 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 23, 2016. 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 ************************************************************ 9 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(I) 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.