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HomeMy WebLinkAboutAUGUST 9, 2016 REGULAR MEETING DERRICK FORD FREEMAN,MAYOR ---J BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: 41k SHERRI BELLARD,TRMC TIFFANY L. HAMILTON CITY SECRETARY MORRIS ALBRIGHT ort rt 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 August 9, 2016 8:30 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 August 9, 2016 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman 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 (1) James Fedrick, Sr. Regarding 18th Street Repairs (2) Greg Richard Regarding "The Richard Report" I AGENDA August 9, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Presentation Regarding The City of Port Arthur Camp Force 3 Summer Program (2) Presentation By Philip Vilardi, Acting Building Official And Darlene Thomas-Pierre, Acting Director Of Code Compliance, Regarding Proposed Adoption Of 2015 Building Codes And 2014 Electrical Code (3) Arceneaux, Wilson & Cole Regarding GLO Street Project (4) Presentation By Public Works Regarding City Streets: Bluebonnet and Gulfway Drive (Requested By Councilmember Richard) C. Employee Recognition (1) Employee Curtis Newman Of The Public Works Drainage Department (Requested By Councilmember Richard) D. Correspondence — None IV. PUBLIC HEARINGS — 9:00 A.M. — NONE V. UNFINISHED BUSINESS P.R. No. 19453 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts 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. AGENDA AUGUST 9, 2016 VI. CONSENT AGENDA - CONTINUED A. Minutes Regular Meeting, May 3, 2016 Regular Meeting, May 17, 2016 Special Executive Meeting May 31, 2016 Regular Meeting, May 31, 2016 Regular Meeting, June 14, 2016 Special Executive Meeting June 28, 2016 Regular Meeting, June 28, 2016 Special Meeting, July 6, 2016 Regular Meeting, July 12, 2016 Special Meeting, July 26, 2016 Special Executive Meeting, July 26, 2016 Regular Meeting, July 26, 2016 B. Expense Reports (B1) Councilmember Tiffany Hamilton: NBC - LEO Summer Conference Columbus, Ohio, July 19 - 24, 2016 $1,962.69 (B2) Councilmember Tiffany Hamilton: State Leadership Meeting Austin, Texas, June 24, 2016 $75.00 C. Resolutions — Consent (1) P.R. No. 19445 — A Resolution Awarding A Contract To Inland Environments, Ltd., In The Amount Of $786,343.00, And Authorizing The Execution Of A Contract For Asbestos/Lead Abatement And Demolition Of The Old Water Treatment Plant Located At 1401 E. 19th Street, To Be Charged To Account No. 145- 1201-532.59-00, Project #I22WP • AGENDA AUGUST 9, 2016 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 19450 — A Resolution Authorizing The City Manager To Execute A Written Agreement Between The City Of Port Arthur And LaTonga Pierre For Participation In The City Of Port Arthur's Owner Occupied Housing Assistance Rehabilitation And Reconstruction Program (3) P.R. No. 19456 — A Resolution Amending The Current Major Medical Plan Offered Through Blue Cross And Blue Shield Of Texas, Whereby Authorizing The Adopting Of A Blue Cross Medicare Advantage PPO And Prescription Drug Plan For Its Existing Medicare Eligible Retirees And/Or Medicare Dependent(s) And Authorizing The City Manager To Execute All Documents Necessary For This Transition Effective On 11/1/2016 (4) P.R. No. 19457 - A Resolution Authorizing A Non-Exclusive Agreement With DRC Emergency Services Of Deer Park, Texas, For The Provision Of Emergency Environmental, Disaster, And Logistical Response Services In The Event Of An Emergency Or Disaster (5) P.R. No. 19465 — A Resolution Authorizing The Execution Of A Three Year Contract Between The City Of Port Arthur And CivicPlus, Of Manhattan, Kansas, Through Tips/Taps, A Purchasing Cooperative, For The Redesign Of The City's Website, And The Development And Hosting Of A Comprehensive Government Content Management System, With A Projected Budgetary Impact Of $35,190.00, Payable In Annual Payments Of $11,730.00. Account No. 001-1034-515-54.00 (6) P.R. No. 19467 - A Resolution Authorizing The Second Year (First Renewal) Of The Agreement With Witt O'Brien's LLC Of Fort Lauderdale, Florida For Debris Monitoring Services For The City Of Port Arthur In The Event Of An Emergency Or Disaster 4 AGENDA AUGUST 9, 2016 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 19469 - A Resolution Authorizing The City Manager To Enter Into An Agreement With The LaBiche Architectural Group, Inc., Of Beaumont, Texas, For The Development Of Professional Plans For Repairs To Rose Hill Manor And Submission To The Texas Historical Commission, As Well As Working With The Texas Historical Commission For Approval, For A Fixed Fee Of $70,000.00, Plus Reimbursable Expenses Not To Exceed $ 1,500.00. Funds Are Available In Account No. 140-1405-551.59-00 (8) P.R. No. 19472 - A Resolution Authorizing The City Manager To Enter Into A Contract With Southern Tire Mart Of Beaumont, Texas, Through The Buyboard Cooperative Purchasing Program Contract No. 470-14, For The Purchase Of Tires And Tubes, With A Projected Budgetary Impact Of $400,000.00; Charged To Various Departmental Accounts (9) P.R. No. 19473 - A Resolution Authorizing The Purchase Of A 2017 Chevrolet Silverado 1500 4x2 Regular Cab Truck From Caldwell Country Chevrolet Of Caldwell, Texas, Through The Buyboard Cooperative Purchasing Program, For The Fire Department In The Amount Of $23,845.00; Funding Available In Account Number 001- 1121-522.93-00 (10) P.R. No. 19474 - A Resolution Authorizing The City Manager To Enter Into A Contract With Affordable Lawn And Tractor Service Of Port Arthur, Texas, For Grass Cutting And Landscaping Services At The Westside Community Complex, Sabine Pass Community Center And Lions Park, Rose Hill, And The Armory, With A Projected Budgetary Impact Of $32,000.00. Funding Available In Civic Center Account Number 001-1061-518.31-00 (11) P.R. No. 19476 - A Resolution Authorizing The City Manager To Execute The Settlement Of A Property Damage Claim In The Amount Of $638,168 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Damage To The Recreational Dock (448 Lakeshore Drive) c AGENDA AUGUST 9, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19477 — A Resolution Authorizing The Adoption Of A Directive Action To Allocate Additional Funds Of $1,639,437.72 To Complete Bluebonnet Avenue, West 7th Street, West 8th Street, Woodworth Boulevard Or Allocate The Additional Amount Of $439,437.72 For The Completion Of Bluebonnet Avenue And Woodworth Boulevard And Eliminating West 7th Street And West 8th Street From The Texas General Land Office (GLO) Round 2.2 Project B. Ordinances (1) P.O. No. 6565 - An Ordinance Providing For The Conduct Of A Special Election On November 8, 2016, To Submit A Proposition As To Whether Or Not The City Charter Shall Be Amended In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice (Requested By Councilmember Swati) UNA ORDENANZA QUE PROPORCIONA LA REALIZACION DE UNA ELECCION ESPECIAL EL 8 DE NOVIEMBRE, 2016, PARA SOMETER UNA PROPOSICION EN CUANTO SI 0 NO LA CARTA DE LA CIUDAD DEBERA SER MODIFICADA EN CONFORMIDAD CON EL CAPITOLO 271 DEL CODIGO ELECTORAL DE TEXAS, Y SE DISPONE LA PUBLICACION DEL A VISO DE LA ELECCION (SOLICITADO POR CONCEJAL SWATI) (2) P.O. No. 6568 — 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. (3) P.O. No. 6570 — An Ordinance Approving The Appraisal Rolls For The Year 2016 And Receiving Determinations From The Tax Assessors Under Section 26.04 Of The Texas Property Tax Code 6 AGENDA AUGUST 9, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED (4) P.O. No. 6571 - An Ordinance Authorizing The City Manager To Enter Into A Contract With J-3 Metals Of Vidor, Texas, For The Hauling & Recycling Of Scrap Metal & White Goods With The Option To Renew For Two Additional One Year Periods (5) P.O. No. 6572 - An Ordinance Authorizing The Retirement Of Police Canine "Harry" And Transferring The Canine To The Personal Care Of Detective Patrick Britton (6) P.O. No. 6573 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2015 And Ending September 30, 2016 By Increasing The Appropriation In The General Liability Fund By $23,845.00 To Transfer To The General Fund And By Increasing The Appropriation In The Fire Fund By $23,845.00, Recognizing For The Funding Of A Replacement Vehicle Involved In An Accident: 001-1121-522.93- 00-Motor Vehicles 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 AGENDA AUGUST 9, 2016 VIII. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED Closed Meeting: (1) Section 551.071 Government Code — To Discuss With The City Attorney Pending Litigation Regarding Delinquent Hotel Occupancy Taxes (2) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager (Requested by Councilmember Hamilton) (3) Section 551.071 Government Code — Legal Consultation With The City Attorney Regarding The City's Liabilities With Regard to Sections 9.05, 9.41, and 9.42 of the Texas Penal Code (Requested by Councilmember Lewis) (4) Section 551.071 Government Code — To Discuss With The City Attorney Pending Litigation Between The City Of Port Arthur And Bridge City, Texas (5) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (Project Condor, Howard Energy Partners, And ZeoGas) (6) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (7) Section 551.071 Government Code — To Discuss Legal Advice/Consultation With The City Attorney Regarding Employment Law Issues (8) Section 551.072 Government Code —To Discuss The Value Of The Land Near The Port Of Port Arthur (9) Section 551.072 Government Code —To Discuss The Value Of The Land Located In The 300 Block Of Procter (10) Section 551.071 Government Code — To Discuss With The City Attorney Pending Litigation With Daimler Chrysler 8 AGENDA AUGUST 9, 2016 IX. WORK SESSION: To Discuss Water And Waste Water Utility Consulting Services For Operational Assistance Of The City Of Port Arthur's Water And Waste Water Utilities By Dana Batiste Of The Professional Water Group And Michael Irlbeck Of EPCOR Water (Requested By Councilmember Hamilton) 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 August 10, 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 ************************************************************ 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.