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HomeMy WebLinkAboutAUGUST 23, 2016 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAYOR , !t 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 VAL TREND WILLIE"BAE"LEWIS,JR. Te.xr1's CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting August 23, 2016 5:3o 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 August 23, 2016 5:30 PM 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) Richard & Claudette Bowden Regarding Car Repairs, Damage on 18th Street (2) George J. Boutte, Jr. Regarding Grass Cutting/Drainage (3) Joan Minard Jones Regarding Subbing Out Water Department V AGENDA AUGUST 23, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations — None C. Employee Recognition — None D. Correspondence (1) Results Of Petition To Eliminate City Council Positions (7) And (8) IV. PUBLIC HEARING — 6:00 P.M. (1) To Consider A Zoning Change From Single Family "SF" To Neighborhood Services "NS" For Approximately 0.2032 Acre Of Land Consisting Of The North 75' Of Reserved Tract, Allien Place [A.K.A. 3248 Procter Street], 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: (1) 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. A. Minutes 08/09/2016 Regular Meeting rAGENDA l AUGUST 23, 2016 VI. CONSENT AGENDA — CONTINUED B. Resolutions — Consent (1) P.R. No. 19468 — A Resolution Authorizing The City Manager To Execute Change Order No. 05 To The Contract Between The City Of Port Arthur And McInnis Construction, Inc. For The 18th Street Improvements Project Increasing The Contract Amount By $1,507.54 To A New Contract Amount Of $3,429,865.17, Increasing The Contract Term By 90 Days To A New Term Of 784 Days. GLO Round 2.2 Program, Project No. 122BB, Account No. 145-1201-532.59-00 (2) P.R. No. 19477 — A Resolution Designating And Establishing The Mardi Gras Entertainment Area For 2017, Designating Mardi Gras Of Southeast Texas, Inc. As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Mardi Gras Of Southeast Texas, Inc. (3) P.R. No. 19483 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract Between The City Of Port Arthur And Excavation And Construction, LLC, Of Nederland, Texas Reducing The Amount Of The Contract By $42,475.69 To A New Contract Amount Of $301,285.25 And Acceptance Of The Contractor's Certificate Of Guarantee And Contractor's Certificate And Release For The South Hwy 87 6" Waterline Replacement From South 15th Avenue To Westward 6300 LF 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 (5% Retainage Fee) In The Amount Of $15,064.26; Account No. 419- 1622-531.85-00 (4) P.R. No. 19485 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Southeast Texas Medical Associates (SETMA) For William D. George, M.D., To Continue To Act As The City's Health Authority And Supervising Physician Of The Employee Health Services Clinic AGENDA AUGUST 23, 2016 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 19486 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Adjusters International Of Utica, New York, For Disaster Recovery Services Of FEMA Funds And To Avoid Repayment Of Funds Previously Reimbursed To The City Of Port Arthur, In The Not-To-Exceed Amount Of $50,000.00; Funding In Account No. 001-1003-512.59-00. Special Purpose Fund (6) P.R. No. 19487 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Agape Cleaning Enterprises, Inc., Of Houston, Texas, For Janitorial Services For The Health Department, With An Annual Projected Budgetary Impact Of $34,926.60. Funding Available In Health Department's Building Maintenance Account No. 001-1301-541.32-00 (7) P.R. No. 19490 — A Resolution Authorizing The City Manager To Enter Into A Contract With American Personnel & Temps Of Beaumont, Texas, For Providing School Crossing Guard Services For The Police Department, In The Amount Of $14.70/HR, With An Annual Projected Budgetary Impact Of $83,056.00, To Be Charged To Police Account No. 001-1101-521.54-00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19418 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract With Target Industry Prospects (TIPS) In The Amount Of $12,500.00 Plus $500.00 Per Qualified Meeting To Develop And Implement A Direct Marketing Campaign To Schedule Meetings With Companies In Southern California Considering An Expansion Or Relocation To Include Port Arthur, Texas A Potential Location; Account No. 120-1429-582.59-06 (2) P.R. No. 19475 — A Resolution Approving The Renewal Of A Contract For Legal Services With Germer PLLC By The City Of Port Arthur Section 4A Economic Development Corporation 4 AGENDA AUGUST 23, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.R. No. 19479 — A Resolution Approving A First Amendment To The Economic Incentive Contract And Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Gulf Coast Warehousing, LLC (4) P.R. No. 19480 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Consultant Agreement With Legacy Community Development Corporation ("Legacy CDC") To Manage Its Affordable Housing Program At A Cost Not To Exceed $35,000.00 Per Year (5) P.R. No. 19481 — A Resolution Setting The Fair Market Value Of Land In The City Of Port Arthur Section 4A Economic Development Corporation Business Park Located Along Highway 73, Port Arthur, Texas (6) P.R. No. 19488 — A Resolution Appointing Councilmembers To The Port Arthur Independent School District Board Governmental Relations Committee (Requested By Mayor Freeman) (7) P.R. No. 19491 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Hamilton) (8) P.R. No. 19492 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Councilmember Hamilton) (9) P.R. No. 19493 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council (Requested By Councilmember Swati) 5 AGENDA AUGUST 23, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — 1 CONTINUED B. Ordinances 1 (1) P.O. No. 6566 — An Ordinance Pertaining To The Conduct Of The November 8, 2016 Special Election To Submit A Proposition As To Whether Or Not The City Charter Shall Be Amended In The City Of Port Arthur And Approving A Joint Election Agreement Una Ordenanza Referente A La Realizacion De La Eleccion Especial De Noviembre 8, 2016 Para Presentar Una Proposicion De Si 0 No La Carta De La Ciudad Debe Ser Modificada En La Ciudad De Port Arthur Y Aprueba Un Acuerdo De Una Eleccion Conjunta (2) P. 0. No. 6574 — An Ordinance Authorizing The Retirement Of Police Canine "Ciro" And Transferring The Canine To The Personal Care Of Officer Tony Legnon 1 (3) P. 0. No. 6575 — An Ordinance Approving A Collective Bargaining 3 Agreement Between The City Of Port Arthur And The Port Arthur Police Association. Proposed Funding: Police Department Budget Account No. 001-1101-521.11-00 (4) P. 0. No. 6576 — An Ordinance Amending Section 58-122 (2) Code Of Ordinances Of The City Of Port Arthur By Allowing The Agustin Ramirez Family To Reside In Their Recreational Vehicle On Residential Property At 2141 Birch Street For A 180-Day Period While The Family Make Repairs To Their Single-Family Home That Was Damaged By Natural Causes. This Ordinance Amendment Would Allow For An Extension Of Up To A Second 180-Day Period If Absolutely Necessary As Determined By The City's Building Official. (Violation Of This Ordinance Or Section 58 Of The Code Of Ordinances Of The City Of Port Arthur Is Punishable As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, As Amended, By A Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date L_______ 6 0 AGENDA AUGUST 23, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (5) P. 0. No. 6579 — 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 Fund By $50,000.00, Recognizing For The Funding Of Disaster Recovery: 001-1003-512.59-00. Special Purpose Fund (6) P. 0. No. 6580 — 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 Fund By $1,639,437.72, For The Funding Of The City Portion To Complete Bluebonnet Avenue, West 7th Street, West 8th Street And Woodworth Boulevard With Balance To Be Funded By The Texas General Land Office (GLO) Round 2.2 Project 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 August 24, 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.