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HomeMy WebLinkAboutJUNE 28, 2016 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC TIFFANY L.HAMILTON % CITY SECRETARY MORRIS ALBRIGHT ort r t h u r KEITH RICHARD Texas VAL TIZENO WILLIE"BAE"LEWIS,JR. CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AGENDA City Council Regular Meeting June 28, 2016 5:30 p.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 June 28, 2016 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Scott, Jr. Councilmember Hamilton Councilmember Albright, III Councilmember Richard Councilmember Lewis, Jr. Councilmember Swati Councilmember Moses Councilmember Frank City Manager McDougal City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Interim Police Chief Dunlap Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) Shawn Johnson Port Arthur Alumni Picnic, Regarding Positive Impact For The City Of Port Arthur (Requested By Councilmember Hamilton) (2) Judith Smith, Health Department Director Regarding H Pylori (3) Recognition Of The 2016 Texas Senior Games Participants 1 AGENDA JUNE 28, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition (1) Judith Smith, Health Department Director By Councilmember Frank D. Correspondence — None IV. PUBLIC HEARING — 6:00 P.M. (1) To Consider A Zoning Change From Single Family "SF" And Multi Family "MF"To Light Commercial "LC" Approximately 22.57 Acres Of Land Out Of The W. Kyle Survey, A- 414, City Of Port Arthur, Jefferson County, Texas (2) To Consider A Zoning Change From Two Family "2F To Light Commercial "LC" Approximately 0.5625 Acre Of Land Consisting Of Lot 4, Block 3, Range "G" Port Arthur Land Company Subdivision, City Of Port Arthur, Jefferson County, Texas 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. 2 AGENDA JUNE 28, 2016 VI. CONSENT AGENDA — CONTINUED p1 B. Resolutions — Consent (1) P.R. No. 19148 — A Resolution Authorizing The City Manager To Enter Into A Memorandum Of Understanding Between The City Of Port Arthur And The YMCA Of Southeast Texas, For The Management Of The Westside Development Center (2) P.R. No. 19294 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Deztex Industrial Of Port Arthur, Texas, For Improvements To Griffin Park, Herman Park And Rose Hill Park, Decreasing The Contract Amount By $23,031.00 To A New Contract Amount Of $497,953.00. Funds Are Available In PAEDC Account No. 120-1429-582.59-05, Project Ed 1307 (84% $418,280.52) And Parks Account No. 001-1207-531.39-00 (16% $79,672.48) (3) P.R. No. 19327 — A Resolution Authorizing The City Manager To Enter Into An Equipment Purchase Agreement With Superior Alarms Of McAllen, Texas, Under Buyboard Contract No. 498-15, For The Upgrading Of The Fire Alarm System In The City Hall Building And City Hall Annex Building In The Amount Of $118,314.65. Funding Available Within The Department Level Budget Through City Hall Account Number 001-1206-531.82-00 (4) P.R. No. 19358 — A Resolution Approving The Renewal Application Of Acadian Ambulance Service, Inc., For An Ambulance Agreement (5) P.R. No. 19370 — A Resolution Authorizing The City Manager To Execute A Grazing Lease For Property Located On Portion Of Land Referred To As "Old Canal R.O.W." (6) P.R. No. 19411 — A Resolution Authorizing The City Manager To Execute Amendment No. 2 To The Neighborhood Stabilization Program 1 Program Income, ("NSP1-PI") Reservation System Participation Agreement No. 77090003154 To Provide For The Continuation Of Reimbursements Of Eligible Expenses And Close On Remaining Land Bank Properties Under The Existing NSP 1 Contract Number 77090000154 AGENDA JUNE 28, 2016 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 19417 — A Resolution Authorizing The City Manager To Reject All Bids From Storm Sewer Improvements Along Woodworth Boulevard From Thomas Boulevard To 7th Street In Port Arthur, Texas, And To Rebid The Project (8) P.R. No. 19420 — A Resolution Authorizing The Payment To Computer Information Systems, Inc., Of Skokie, Illinois, For The Annual License Renewal Fee For Maintenance On The Police And Fire Department's CAD, RMS, And MCS/AVL Server, In The Amount Of $33,206.38; Funding Available In Account No. 001-1101-521.72- 00 (9) P.R. No. 19421 — A Resolution Authorizing The City Manager To Execute A Contract With LJA Engineering, Inc., Of Beaumont, Texas, For Establishing GIS Metadata For The City Of Port Arthur, With An Annual Projected Budgetary Impact Of $100,000.00 Funding Available In Development Services — GIS Account No. 001- 1050-517.54-00 (10) P.R. No. 19422 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Excavators & Constructors, Ltd., Of Nederland, Texas, Increasing The Contract Amount By $47,657.68 To A New Contract Amount Of $343,760.94 And Increasing The Contract Term By 30 Days To A New Total Of 120 Days (11) P.R. No. 19423 — A Resolution Awarding A Contract To Inland Environments, LTD., In The Amount Of $163,877.00, And Authorizing The Execution Of A Contract For Asbestos/Lead Abatement And Demolition Of Two (2) Dangerous Commercial Properties Located At 424-436 E. Procter Street And 435 & 443 E. Procter Street, To Be Charged To Account No. 145-1201-532.59-00, Project# I22WP 4 AGENDA JUNE 28, 2016 VI. CONSENT AGENDA — CONTINUED (12) P.R. No. 19424 — A Resolution Awarding A Contract To AAR, Inc., In The Amount Of $15,300.00 And Authorizing The Execution Of A Contract For Asbestos/Lead Abatement And Demolition Of One (1) Dangerous Commercial Property Located At 444 E. Procter Street, To Be Charged To Account No. 145-1201-532.59-00, Project# I22WP (13) P.R. No. 19425 — A Resolution Authorizing The City Manager To Make Application And Receive Funding Through The 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program In The Amount Of $27,944.00 (14) P.R. No. 19426 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (15) P.R. No. 19428 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Contracting With Cheval Noir Media Of Port Arthur For The Printing And Mail Out Of The 5th Annual PAEDC Newsletter Account No. 120-1429-582.59-06 (16) P.R. No. 19432 — A Resolution In Support Of The Port Arthur Alumni Picnic 2016 (Requested By Mayor Prince) VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19280 — A Resolution Authorizing The Approval Of A Lease Purchase Agreement Between Government Capital Corporation And The City Of Port Arthur For The Lease-Purchase Of Six (6) New Mack Garbage Trucks For The Solid Waste Division In The Amount Of $1,730,673.00 (2) P.R. No. 19427 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council 5 AGENDA JUNE 28, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT (3) P.R. No. 19433 — A Resolution Reconsidering Proposed Resolution No. 19399, As It Pertains To Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For The Sabine Neches Waterway Direct Pipe To Serve The City Of Port Arthur 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 $820,741.40; Project No. WSI004, Account No. 429-1258-532.59-00 (Requested By Councilmember Richard) (4) P.R. No. 19434 - A Resolution Of The City Council Of The City Of Port Arthur, Texas, Expressing Intent To Finance Expenditures To Be Incurred Totaling $2,000,000 From Future Tax-Exempt Obligations B. Ordinances (1) P.O. No. 6560 — An Ordinance As It Pertains To The Fire Department Staffing Levels Pursuant To Chapter 7 Of The Rules And Regulations Of The Texas Civil Service Commission And Section 143.014 & 143.035 Of The Texas Local Government Code VIII. 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 29, 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 *************************************************** 6 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.