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HomeMy WebLinkAboutNOVEMBER 1, 2016 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR gnew � BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of c'^° CITY MANAGER COUNCIL MEMBERS: J SHERRI BELLARD,TRMC TIFFANY L.HAMILTON CITY SECRETARY MORRIS ALBRIGHT o r t r t h r[r KEITH RICHARD VAL TIZENO WILLIE"BAE" LEWIS,JR. Ti'ka CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting November 1, 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. City Council Meeting City Hall Council Chamber City Of Port Arthur November 1, 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: Police Chief Melvin Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Lance Warren US Government Teacher At Bob Hope School Regarding An Introduction Of The Senior Class (2) Alicia Marshall Regarding The Babe Zaharias Golf Course B. Presentations (1) A Presentation By Carman Apple Of The Texas Division Of Emergency Management (TDEM) Regarding How To Request And Receive State And Federal Aid During A Disaster Or Crisis AGENDA NOVEMBER 1, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation By Thomas Jefferson Middle School 8th Grade Class Members Regarding Awareness And Communicating Social Issues In The Community (3) A Presentation By Ales Flood Regarding A Proposed Social Hosting Ordinance (4) A Presentation By Eric Sullivan Regarding A Proposed City Logo/Slogan C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARINGS — 9:00 A.M. — NONE 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 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 10/18/2016 Special Executive Meeting 10/18/2016 Regular Meeting 2 AGENDA NOVEMBER 1, 2016 { VI. CONSENT AGENDA — CONTINUED B. Expense Reports (B1) Councilmember Charlotte Moses: IEDC Conference Cleveland, OH September 25 — 28, 2016 $2,381.32 (B2) Mayor Derrick Freeman: Texas Municipal League Conference Austin, TX October 4 — 7, 2016 $1,802.02 (B3) Councilmember Tiffany Hamilton: Texas Municipal League Conference Austin, TX October 4 — 7, 2016 $1,367.80 (B4) Councilmember Keith Richard: Texas Municipal League Conference Austin, TX October 4 — 7, 2016 $1,727.29 (B5) Councilmember Osman Swati: Texas Municipal League Conference Austin, TX October 4 — 6, 2016 $1,484.24 (B6) Councilmember Charlotte Moses: Texas Municipal League Conference Austin, TX October 4 — 7, 2016 $1,790.29 (B7) Councilmember Kaprina Frank: Texas Municipal League Conference Austin, TX October 4 — 7, 2016 $1,633.65 3 AGENDA NOVEMBER 1, 2016 VI. CONSENT AGENDA — CONTINUED C. Resolutions — Consent (1) P.R. No. 19535 — A Resolution Authorizing The Director Of Utility Operations To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals, With An Estimated Budgetary Impact Of $1,426,500.00. Funding Available In Water Utilities Account Nos. 410-1252-532.29-02 & 410-1256-532.29-00 (2) P.R. No. 19546 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For Construction Of The Pleasure Island Metering Station 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 $32,322.65 From Account No. 429-1258-532.59- 00, Project WSI002 (3) P.R. No. 19552 — A Resolution Authorizing The Execution Of A One (1) Year Contract With The Option To Renew For Two Additional One Year Terms Between The City Of Port Arthur And Hollier Construction Of Groves, Texas For Slip-Form Placement Of Concrete On An Unit Cost Basis For An Estimated Budgeted Amount Of $100,000. Funding Available In City Streets Accounts 001-1203- 531.36-00 Maintenance, 001-1203-531.86-00 Streets Program, 001-1203-531.86-01 CDBG And CDBG Street Project Account 105- 1431-552.86-00 (4) P.R. No. 19556 — A Resolution Authorizing The Purchase Of A Gradall Excavator From Associated Supply Company, Inc., Of Beaumont, Texas, Under The Buyboard Contract No. 424-13, For The Public Works Department Drainage Division In The Amount Of $244,057.54. Funding Available In Account Numbers 625-1801- 531.93-00, Project Number FH1601 And 001-1203-531.92-00, Equipment 4 AGENDA NOVEMBER 1, 2016 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 19563 — A Resolution Authorizing The Purchase Of A Rosco RB48 Road Broom From Associated Supply Company, Inc. Of Beaumont, Texas, Under The HGAC Contract No. EM06-15, For The Public Works Department Streets Division In The Amount Of $66,641.25. Funding Available In Equipment Account Number 001- 1203-531.92-00 (6) P.R. No. 19565 — A Resolution Authorizing The City Manager To Enter Into A Contract With Diamond Shine Building Service Of Port Arthur, Texas, For Janitorial Services For The Police Department, Fire Department, And Municipal Court Buildings With An Annual Projected Budgetary Impact Of $66,684.00; Funding Available In Police Building Maintenance Account Number 001-1101-521.32-00 (7) P.R. No. 19566 — A Resolution Authorizing The Fire Department To Purchase Two Defibrillator/Monitors From Zoll Medical Corporation Of Chelmsford, Massachusetts, In The Total Amount Of $58,550.00. Funding From Fire Department Equipment Account No. 001-1121-522.92-00 (8) P.R. No. 19569 — A Resolution Authorizing The Fire Chief To Do All Things Necessary To Secure A Supplemental Environmental Project (SEP) With BASF And The U.S. Environmental Protection Agency (EPA) (9) P.R. No. 19575 — A Resolution Authorizing The Renewal Of The Agreement For Independent Professional Services Between The City Of Port Arthur And Jerry Dale To Provide Temporary Contract Services For The City's Finance Department (10) P.R. No. 19576 — A Resolution Awarding A Contract To Inland Environments, LTD Of Kingwood, Texas, In The Amount Of $28,880.00, For The Interior Demolition Of City Owned Property Located At 246 Dallas Avenue. Funds Are Available In General Fund Account Number 001-1052-517.59-00 5 AGENDA NOVEMBER 1, 2016 VI. CONSENT AGENDA — CONTINUED (11) P.R. No. 19579 — A Resolution Authorizing The City Manager To Accept The Architect's Certificate Of Substantial Completion From The Labiche Architectural Group, Inc. For The Improvements To Rose Hill Park (12) P.R. No. 19580 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Contract Between The City Of Port Arthur And Tender Loving Care Center For Children D/B/A Legacy Community Development Corporation, Which Extends The Contract Expiration Date To December 2017, Increase The Funding From $300,000 To $360,000 Which Includes The 2016 CHDO Setaside Funding And Allows The CHDO To Include Purchase/Rehab/Sale Of Three (3) Single Family Residential Structures In The City. Funding Will Be Provided By The Federal Home Program, Account Number 108-2141-626.59-00, Project Numbers, HE1301, HE1401, HE1501, HE1601 And Home Program Income Funds (Need Draft) (13) P.R. No. 19581 — A Resolution Approving The Amendment Of The FY 2016 Contract Between The City Of Port Arthur And The Department Of State Health Services Primary Health Care Program, Increasing The Amount To $140,000.00, Of Which $70,000.00 Is Allocated Toward The Contract Period September 1, 2016 Through August 31, 2017 (14) P.R. No. 19584 — A Resolution Of The City Council Of The City Of Port Arthur, Setting A Date, Time And Place For Two Separate Public Hearings On A Proposed Involuntary Annexation Of Certain Property By The City Of Port Arthur, Texas; And Authorizing And Directing The Mayor To Cause The Publication Of Notice Of Said Public Hearings In A Newspaper Of General Circulation In Said City (15) P.R. No. 19586 — A Resolution Authorizing The City Manager To Execute An Agreement With BASF-Total Petrochemicals, LLC Of Port Arthur, Texas For The Upgrade Of The Intersection Of Atlantic Road (FM 366) And Gate 99 (BASF-Total Plant Entrance). Funding Available Via BASF-Total Petrochemicals, LLC 6 AGENDA NOVEMBER 1, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19555 — A Resolution Approving A Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Program Of Health Excellence For Certified Nurse's Aide Training To Port Arthur Residents At Cost Not To Exceed $20,000.00 (2) P.R. No. 19567 — A Resolution Rescinding Resolution No. 16-010 In Its Entirety As It Pertains To Entering Into An Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Pure Renewables Port Arthur, LLC (3) P.R. No. 19570 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Construction Board Of Adjustments And Appeals (4) P.R. No. 19582 — A Resolution As It Pertains To Requesting The Texas Municipal League (TML) To Pursue Legislation To Be Adopted By The Texas Legislature Requesting An Alternative Method Of Publication Requirements (Requested By Councilmember Lewis) B. Ordinances (1) P.O. No. 6591 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of A City Owned Property To Tender Loving Care Center For Children (TLCC), D/B/A Legacy CDC, A Community 1 Development Housing Organization (CHDO) Acting As Program Manager For New Construction Of Single Family Residential Structures In The Port Arthur Section 4A Economic Development Corporation's (PAEDC) Affordable Housing Program 1 i 1 AGENDA NOVEMBER 1, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.O. No. 6592 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of A City Owned Property To Tender Loving Care Center For Children (TLCC), D/B/A Legacy CDC, A Community Development Housing Organization (CHDO) Acting As Program Manager For New Construction Of Single Family Residential Structures In The Port Arthur Section 4A Economic Development Corporation's (PAEDC) Affordable Housing Program (3) P.O. No. 6593 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To An Eligible Homeowner Participating In The City Of Port Arthur Side Lot Disposition Program (4) P.O. No. 6594 — An Ordinance Amending Section 2-31(d) Of The Code Of Ordinances As It Pertains To Placing Items On Council Agendas 8 AGENDA NOVEMBER 1, 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 — Attorney Consultation To Provide Advice And Counsel In Connection With The City's Right, Duties, Privileges, And Obligations In Connection With A Grievance Filed By The Port Arthur Police Association (2) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements (3) Section 551.072 Government Code — To Discuss The Value Of The Land Located At 3451 57th Street (4) Section 551.072 Government Code — To Discuss The Value Of Land In The City's Extraterritorial Jurisdiction (ETJ) 9 AGENDA NOVEMBER 1, 2016 IX. ADJOURNMENT OF MEETING ************************************************************ NOTE: If The Meeting Extends Past 11:59 PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30 AM On November 2, 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 ************************************************************ • I io 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.