HomeMy WebLinkAboutAPRIL 5, 2016 5:30 PM DELORIS"BOBBIE"PRINCE,MAYOR
,gy 7, BRIAN McDOUGAL
KAPRINA FRANK,MAYOR PRO TEM City of - Cis' CITY MANAGER
COUNCIL MEMBERS: �j SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
TIFFANY L.HAMILTON ort r t h 1l r
MORRIS ALBRIGHT VAL TIZENO
STEPHEN A.MOSELY Texas CITY ATTORNEY
WILLIE"BAE"LEWIS,JR.
OSMAN SWATI
CHARLOTTE MOSES
AG E N DA
City Council
Regular Meeting
April 5, 2016
5:3o p.m.
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Secretary's Office, at (409) 983-8115.
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City Council Meeting
City Hall Council Chamber
City Of Port Arthur
April 5, 2016
5:30 PM
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
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Frederick M. Williams Regarding, "Extending An Olive Branch From
The Community To The City Regarding Untapped Resources And
Manpower".
(2) Alicia Marshall Regarding 61st Street, Canal Street, And Hazel Street
Water Sewer Repairs
(3) Shawn Skinner Regarding Opposition Of Slaughterhouse/Meat
Processing Facility In The Industrial Park
AGENDA
APRIL 5, 2016
III. PETITIONS & COMMUNICATIONS — CONTINUED
(4) Darrell Hulin Regarding Opposition Of Slaughterhouse/Meat
Processing Facility In The Industrial Park
B. Presentations — None
C. Employee Recognition — None
D. Correspondence — None
IV. PUBLIC HEARING — 6:00 P.M.
(1) To Consider And Receive Input And Public Comment As To
Whether Or Not To Pass An Ordinance Prohibiting Smoking In
Public Places Within The Boundaries Of The City Of Port Arthur
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Withdrawn For Individual Consideration In Its Normal Sequence After The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
(Al) Mayor Deloris Prince:
The South East Texas Regional Planning Commission
Meeting
Beaumont, TX
March 16, 2016 $26.35
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AGENDA
APRIL 5, 2016
VI. CONSENT AGENDA — CONTINUED
• (A2) Councilmember Raymond Scott:
The National League Of Cities Conference
Washington, D.C.
March 4 — 9, 2016 $2,585.80
• (A3) Councilmember Tiffany Hamilton:
The National League Of Cities Conference
3 Washington, D.C.
March 4 — 9, 2016 $3,213.87
• (A4) Councilmember Stephen Mosely:
The National League Of Cities Conference
Washington, D.C.
March 4 — 9, 2016 $100.00
(A5) Councilmember Willie Lewis:
The National League Of Cities Conference
Washington, D.C.
March 4 — 9, 2016 $3,103.75
(A6) Councilmember Charlotte Moses:
The National League Of Cities Conference
Washington, D.C.
•
March 4 — 9, 2016 $3,426.24
•
B. Resolutions — Consent
(1) P.R. No. 19143 — 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 $1,018,036.00, And A Grant In The Amount Of
$204,536.00 In Home Funds, And Authorizing The City Manager To
Execute The City Of Port Arthur's 2016 Consolidated Annual Plan.
•
The Consolidated Plan Will Be Submitted To The U.S. Department
Of Housing And Urban Development
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AGENDA
APRIL 5, 2016
VI. CONSENT AGENDA — CONTINUED
(2) P.R. No. 19196 — A Resolution Authorizing The City Manager To
Execute Settlement Of An Automobile Physical Damage Claim In
The Amount Of $64,882.35 Made Against Texas Municipal League
Intergovernmental Risk Pool (TML) As A Result Of Property
Damage To Fire Ladder Truck #1590
(3) P.R. No. 19197 — A Resolution Authorizing The Purchase Of
Commercial Windstorm Coverage, With A Projected Budgetary
Impact Of $259,717.51 Per Annum. Proposed Funding By:
General Liability Insurance Fund: No. 612-1702-581.52-00
$259,717.51
(4) P.R. No. 19199 — A Resolution Authorizing The Approval Of An
Emergency Repair Of Fire Department Vehicle Ladder 1 (1590) To
Siddons Martin Emergency Group Of Port Arthur, Texas, In An
Amount Estimated To Be $66,382.35, Payable By Texas Municipal
League Intergovernmental Risk Pool (TML) Less The City's
Deductible In The Amount Of $2,500.00. Funding Available In
Account Number 001-1121-522.43.00
(5) P.R. No. 19212 — A Resolution Authorizing The City Manager To
Reject The Bids (Bid No. P16-003) For Asbestos Abatement And/Or
Demolition Of Six (6) Dangerous Commercial Structures; And
Authorizing The Solicitation Of New Bids, To Be Charged To
Account No. 001-1052-517.59-00
(6) P.R. No. 19216 — A Resolution Calling For A Public Hearing To
Consider A Zoning Change From Single Family And Multiple Family
To Light Commercial For Approximately 22.57 Acres Of Land Out Of
The W. Kyle Survey, A-414, City Of Port Arthur, Jefferson County,
Texas
(7) P.R. No. 19319 — A Resolution Authorizing The Purchase Of A
2016 Chevrolet Silverado 1500 Crew Cab Truck From Caldwell
Country Chevrolet Of Caldwell, Texas, Through The Buyboard
Cooperative Purchasing Program, For The Fire Department In
The Amount Of $42,915.00; Funding Available In Account
Number 625-1801-522.93-00
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AGENDA
APRIL 5, 2016
VI. CONSENT AGENDA — CONTINUED
(8) P.R. No. 19339 — A Resolution Authorizing The City Manager To
Reject The Bids (Bid No. P16-002) For The Mowing Of Privately-
Owned And City-Owned Developed And Vacant Lots In The City Of
Port Arthur
(9) P.R. No. 19343 — A Resolution Authorizing The City Manager To
Execute A Contract With Agape Cleaning Enterprises, Inc., Of
Houston, Texas, For Janitorial Services For City Hall And City Hall
Annex, With An Annual Projected Budgetary Impact Of $62,482.20.
Funding Available In Public Works — City Hall Account No. 001-
1206-531.32-00
(10) P.R. No. 19344 — A Resolution Authorizing A Two (2) Year Lease
Agreement Between The City Of Port Arthur And Acadian
Ambulance Service, For The Premises Located At 3400 Memorial
Boulevard
(11) P.R. No. 19345 — A Resolution Authorizing The Purchase Of A 2017
Freightliner Chasis From Houston Freightliner, Inc., Of Houston,
Texas, Under H-GAC Contract No. HT 06-14, For The Public Works
Department Drainage Division In The Amount Of $71,132.00.
Funding Available In Account Number 625-1801-515.93-00, Project
Number FH1601
(12) P.R. No. 19346 — A Resolution Authorizing The Purchase Of 12M3
Motor Grader From Mustang Cat Of Beaumont, Texas, Under The
Buyboard Contract No. 424-13, For The Public Works Department
Streets Division In The Amount Of $259,800.00. Funding Available
In Account Number 625-1801-531.93-00, Project Number FH1601
(13) P.R. No. 19347 — A Resolution Designating Areas Of The City Of
Port Arthur As Neighborhood Empowerment Zones #7 And #8
Pursuant To The Texas Neighborhood Empowerment Zone Act
(Texas Local Government Code, Chapter 378), Providing Tax
Incentives, Adopting Tax Abatement Guidelines And Criteria, And
Designating A Liaison To Act On All Matters Pertaining To The
Empowerment Zone
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AGENDA
APRIL 5, 2016
VI. CONSENT AGENDA — CONTINUED
(14) P.R. No. 19348 — A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
(15) P.R. No. 19349 — A Resolution Requesting Ratification Of
Emergency Repairs To A 24" Sewer Force Main At The North Lift
Station, Located At 6439 North Twin City Highway, By ALLCO LLC,
Of Beaumont, Texas, With A Projected Budgetary Impact Of
$150,000.00. Funds Available In Account No. 410-1251-532.54-00
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions
(1) P.R. No. 19243 — A Resolution Approving Covenants And
Restrictions For The Jade Avenue Business Park Of The City Of Port
Arthur Section 4A Economic Development Corporation
(2) P.R. No. 19329 — A Resolution Approving The 2016 Community
Development Block Grant Allocations In The Amount Of
$1,018,036.00 For The City Of Port Arthur
B. Ordinances
(1) P.O. No. 6525 — An Ordinance Amending Chapter 98 Subdivisions
Article IV Required Improvements Section 98-251 General
Requirements As To Adopt The Texas Department Of
Transportation Standard Specifications For Construction And
Maintenance Of Highways, Streets, And Bridges — November 2014
Edition For Construction Of The City's Public Works Infrastructure;
Providing Certain Amendments Thereto, Repealing Part Of
Ordinance In Conflict Therewith
(2) P.O. No. 6533 — An Ordinance Enacting A New Chapter 39 Of The
Code Of Ordinances Regulating Smoking In Public Places; Creating
Offenses; Providing Penalties And Severability (Requested By
Councilmember Hamilton, Mayor Pro Tern Frank, And
Councilmember Moses)
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AGENDA
APRIL 5, 2016
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(3) P.O. No. 6536 — An Ordinance Authorizing The Sale Of Surplus
Furniture/Minor Equipment, Vehicles, Equipment, Or Heavy
Equipment By A Public Online Auction Through Rene Bates
Auctioneers, Inc.
(4) P.O. No. 6542 — An Ordinance Amending Ordinance No. 16-12 For
Purpose Of Cancelling The Conduct Of A Joint Election With The
Sabine Pass Independent School District; Providing For The
Conduct Of The May 7, 2016 General Election For The Purpose Of
Electing A Mayor, In The City Of Port Arthur, Texas; Providing For A
Joint Election With The Port Arthur Independent School District,
The Port Of Port Arthur Navigation District, And The Sabine Pass
Port Authority; And Providing For A Special Election To Submit
Propositions 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. 16-12 Con Fines De
Cancelacion De La Realizacion De Una Eleccion Conjunta Con El
Distrito Escolar Independiente De Sabine Pass; Que Preve La
Realizacion De La Eleccion General El 7 De Mayo, 2016 Con El Fin
De Elegir A Un Alcalde, En La Ciudad De Port Arthur, Texas; Que
Preve Una Eleccion Conjunta Con El Distrito Escolar Independiente
De Port Arthur, El Puerto De Port Arthur Distrito De Navegacion, Y
La Autoridad Portuaria De Sabine Pass; Y Se Establece Una Eleccion
Especial Para Someter Propuestas De Acuerdo Al Capitulo 271 Del
Codigo De Elecciones De Texas, Y Se Dispone La Publicacion De La
Notificacion De La Eleccion
(5) P.O. No. 6544 — An Ordinance By The City Of Port Arthur, Texas
("City") Approving The Rate Increase Settlement Of Texas Gas
Service Company, Setting Final Rates, Approving A Rate Case
Expense Collection Surcharge, Finding That The Meeting Complies
With The Open Meetings Act, Making Other Findings And Provisions
Related To The Subject, And Declaring An Effective Date
AGENDA
APRIL 5, 2016
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(6) P.O. No. 6545 — An Ordinance Granting An Abandonment Of A 2.5'
X 114' Portion Of A 7.5' X 114' Utility Easement Located On Lot 11,
Block 31, Lakeside Park Unit 4 [A.K.A. 5408 Prospect Avenue], Port
Arthur, Jefferson County, Texas And Depicted On The Display And
Providing The Effective Date Of This Ordinance (A16-01 — Kathy
White)
VIII. ADJOURNMENT OF MEETING
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NOTE: If The Meeting Extends Past 11:59PM, The City Council May Elect
To Recess The Meeting And Reconvene At 8:30AM On April 6, 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
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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.