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HomeMy WebLinkAboutJANUARY 31, 2017 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAYOR E„ey - BRIAN McDOUGAL Y RAMOND SCOTT,.1R.,MAYOR PRO TEM City of cuy CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD,TRMC TIFFANY L. HAMILTON CITY SECRETARY MORRIS ALBRIGHT n r t r t{r rc r KEITH RICHARD VAL TIZENO WILLIE"BAE" LEWIS,JR. Icirr, CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting January 31, 2017 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 January 31, 2017 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: Police Chief Melvin Or Designee II. PROCLAMATIONS •• Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Warren A. Field, Construction Board Chairman Regarding Present And Past Problems Hindering The Progress And Effectiveness Of Both The Construction Board Of Adjustment And Appeals And The Zoning Board Of Adjustment B. Presentations (1) A Presentation By Christopher Breaux, Engagement Partner, Whitley Penn LLC, Regarding The City's Comprehensive Annual Financial Report For Year Ending 2015 And Letter To Management On Internal Control AGENDA JANUARY 31, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation By Chief Melvin, Lieutenant Segler, Deputy Chief Havens And Mary Ann Reid Regarding The Explorer Program In Partnership With Port Arthur Independent School District (Requested By Councilmember Moses) (3) A Presentation By Police Chief Melvin Regarding The Police Community Advisory Committee C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARING — 6:00 P.M. (1) A Public Hearing To Receive Public Comment As To The Effects In The Community Of The Curfew Ordinance And As To Whether The City Should Continue, Modify Or Abolish The Curfew Ordinance 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. 19624 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into A Standard Form Of Agreement With SETEX Construction Corporation For The 3rd Floor Finish-Out Of The Building At 501 Procter Street At A Cost Not To Exceed $250,000.00: Funds Available In EDC Account #120.1429.582.59-01 2 AGENDA JANUARY 31, 2017 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. Resolutions — Consent (1) P.R. No. 19564 — A Resolution Authorizing A Five (5) Year Contract With Utility Associates, Inc., Of Decatur, Georgia, Through Lease Corporation Of America For The Lease Of Body Cameras And Accessories For Police Officers In The Amount Of $146,618.87 Per Year; Funding Is Available In Account No. 001-1101-521.51.00 (2) P.R. No. 19592 — A Resolution Authorizing The First Year Of A Non- Exclusive Contract With The Option Of Renewal For Two Additional One-Year Periods Between The City Of Port Arthur And Blender Direct Of Houston, Texas, Quality Petroleum Supply & Services Of Houston, Texas, Beaumont Freightliner Of Beaumont, Texas And Sun Coast Resources Of Houston, Texas For Petroleum, Oils, And Lubricants With A Budgetary Impact Of $100,000.00 Per Year. Funding Is Available In Accounts 001-0000-142.10-00 — Garage Inventory, 401-1501-561.24-00 — Transit System Vehicle Operations Fuel & Lubrication, 401-1502-561.24-00 — Transit System Vehicle Maintenance Fuel & Lubrication, 401-1506-561.24- 00 — Transit System Elderly & Handicapped Fuel & Lubrication (3) P.R. No. 19616 — 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 Water Storage Standpipe On 61st Street And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur And Approval Of Final Payment (5% Retainage Fee) In The Amount Of $141,262.51; Account No. 145- 1201-532.59-00, Project I22SPW 1 AGENDA JANUARY 31, 2017 VII. CONSENT AGENDA — CONTINUED (4) P.R. No. 19642 — A Resolution Authorizing A Five (5) Year Contract With FARO Technologies, Inc., Of Lake Mary, Florida, Through Lease Corporation Of America For The Lease Of A Focus 3D Laser Scanner And Accessories For The Police Department In The Amount Of $17,970.59 Per Year; Funding Is Available In Account No. 001-1101-521.92.00 { (5) P.R. No. 19650 — A Resolution Approving The Second And Final Year Renewal Of The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And S&S Investigations And Security For Security Guard Service To Serve The Spur 93 Business Park; Account No. 120-1429-582.59-02 (6) P.R. No. 19654 — A Resolution Authorizing The Purchase Of A 2017 F-750 6-Yard Dump Tuck For The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, Through Buyboard, In The Total Amount Of $72,592.50. Funds Are Available In Equipment Account No. 410-1256-532.92-00 (7) P.R. No. 19655 — A Resolution Authorizing The Contract For The Purchase Of 25% Liquid Sodium Hydroxide For The Utility Operations Department With Brenntag Southwest, Inc., Of Houston, Texas With A Projected Budgetary Impact Of $42,000.00; Funds Are Available In Utility Operations Account No. 410-1252- 532.29-02 (8) P.R. No. 19657 — A Resolution Approving A Pre-Employment Workforce Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur For The Training Of Port Arthur Residents As Class A Commercial Drivers In An Amount Not To Exceed $40,000.00 (9) P.R. No. 19660 — A Resolution Approving The Emergency Repair Of The EPG Leachate Pumping System At The City Of Port Arthur Landfill By C2R Inc. Of Humble, Texas With A Projected Budgetary Impact Of $54,089.00. Funds Are Available In Account No. 403- 1274-533.36-00 4 AGENDA JANUARY 31, 2017 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19545 — A Resolution Approving An Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation & Port Arthur Recycling, LLC (2) P.R. No. 19651 — A Resolution Authorizing The City Manager To Execute A Contract With Greyhound Bus Lines, Inc., Authorizing The Port Arthur Transit To Serve As Its Bus Station And Ticket Agent (3) P.R. No. 19652 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (Requested By Councilmember Richard) (4) P.R. No. 19653 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Richard) (5) P.R. No. 19656 — A Resolution Approving An Economic Development Conditional Grant Agreement Between AJ Entertainment, LLC And The City Of Port Arthur Section 4A Economic Development Corporation For Infrastructure Improvements (6) P.R. No. 19658 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Landmark Structures I, LP Of Fort Worth, Texas For The Terminal Road Elevated Storage Tank And Pump Station Project, By Upgrading The Coating System, Increasing The Contract Amount By $128,000.00, To A New Total Of $7,692,000.00 And A Time Extension Of 69 Days Due To Weather Delays, For A New Completion Date Of February 8, 2018; Account No. 429-1258- 532.59-00; Project No. R16065 (7) P.R. No. 19661 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Industrial District Contract Compliance Committee (Requested By Mayor Freeman) AGENDA JANUARY 31, 2017 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinance — Non-Consent (1) P.O. No. 6577 — An Ordinance Amending Appendix A (Zoning) Of The Ordinance Of The City Of Port Arthur, As It Pertains To Creating A Special Condition For "New Residential And Commercial Developments"; Adding A Residential Building Type Of"Townhome" To All The Existing Listings Of The Zoning District Sections; And By Adding The Definitions. (Violation Of This Ordinance Or The Zoning Ordinance 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 (2) P.O. No. 6606 — An Ordinance Providing For The Conduct Of A General Election On May 6, 2017, For The Purpose Of Electing Six (6) Councilmembers, In The City Of Port Arthur, Texas; And Providing For A Joint Election With The Port Arthur Independent School District, The Sabine Pass Independent School District And The Sabine Pass Port Authority In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice Una Ordenanza Para La Conducta De Una Eleccion General El 6 De Mayo, 2017, Con El Fin De Elegir Seis (6) Miembros Del Consejo, En La Ciudad De Port Arthur, Texas; Y Proporcionando Una Eleccion Conjunta Con El Distrito Escolar Independiente De Port Arthur, El Distrito Escolar Independiente De Sabine Pass Y La Autoridad Portuaria De Sabine Pass De Conformidad Con El Capitulo 271 Del Codigo Electoral De Texas Y Proporcionando La Publicacion De La Notificacion Electoral (3) P.O. No. 6611 — An Ordinance Amending Chapter 14 Of The Code Of Ordinances Of The City Of Port Arthur By Adding To Article I, Sections 14-27 Through 14-30, Establishing The Police Chief Advisory Committee Ammmisimi 6 AGENDA JANUARY 31, 2017 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 February 1, 2017. 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.