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HomeMy WebLinkAboutFEBRUARY 28, 2017 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAYOR Energy —� BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of city CITY MANAGER COUNCIL MEMBERS: J SHERRI BELLARD,TRMC TIFFANY L. HAMILTON CITY SECRETARY MORRIS ALBRIGHT n r l r t 1� u r KEITH RICHARD VAL TIZENO WILLIE"BAE" LEWIS.JR. T� 'r� CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting February 28, 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 February 28, 2017 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tern 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) Alicia Gayle Marshall Regarding The Babe Didrikson Zaharias Memorial Golf Course (2) Deborah Welch, Glenn Lee, & Mary Owens Regarding The 2017 Southeast Texas Springfest B. Presentations (1) A Presentation By Texas Municipal League Regarding Personal Liability Insurance On Each Councilmember (Requested By Councilmember Lewis) AGENDA FEBRUARY 28, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Citizen Recognition (1) Dwight Fobbs, President Of The Port Arthur American Little League, Inc. (Requested By Councilmember Moses and Hamilton) D. Correspondence — None IV. PUBLIC HEARING — 6:00 P.M. — NONE 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. A. Expense Report (A1) Councilmember Tiffany Hamilton: Transportation Forum Austin, TX February 04 — 07, 2017 $1,378.43 (A2) City Secretary Sherri Bellard: Texas Municipal Clerks Conference Frisco, TX January 10 — 13, 2017 $1,414.11 2 AGENDA FEBRUARY 28, 2017 VII. CONSENT AGENDA — CONTINUED B. Resolutions — Consent (1) P.R. No. 19615 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Statewide Traffic Signal Company Of Houston, Texas For Traffic Signal Installation And Roadway Improvements At 9th Avenue And Lake Arthur Drive For The Amount Of $403,310.50; Funding Available In City Streets Account No. 001-1203-531.86-00 And Signals Account No. 001- 1205-531.45-00 (2) P.R. No. 19646 — A Resolution Authorizing The Purchase Of 1200 Automated Carts From The State Of Texas Smart Buy Contract Through Toter Of Statesville, North Carolina, For The Utility Operations Solid Waste Residential Garbage Division, In The Amount Of $75,852.00; Funds Are Available In The Utility Operations Solid Waste Residential Garbage Division Equipment Account No. 403-1272-533.25-00 (3) P.R. No. 19664 — A Resolution Authorizing The City Manager To Enter Into A Contract With Long Architecture Of Beaumont, Texas For Professional Project Design And Construction Phase Services For The City Owned Structure Located At 246 Dallas Avenue [A.K.A. The Department Of Development Services Building], With A Projected Budgetary Impact Of $144,290.00; Funding Available In Planning And Development/Building Improvements Account 001- 1051-517.94-00 (4) P.R. No. 19670 — A Resolution Authorizing The City Manager To Enter Into An One Year Maintenance Agreement Between The City Of Port Arthur And AT&T Global Services, For The City Of Port Arthur's Telephone System In The Total Amount Of $36,531.67. Funding Available In The Following Accounts: Public Works Utilities Communications Administration 001-1201-531.61-03 (11%), Electrical 001-1205-531.61-03 (5.5%), City Hall 001-1206-531.61- 03 (29%); Police Department Utilities Communications 001-1101- 521.61-03 (20%), Fire Department Utilities Communications 001- 1121-522.61-03 (23.5%), And Health Department Utilities Communications 001-1301-541.61-03 (11%) AGENDA FEBRUARY 28, 2017 VII. CONSENT AGENDA — CONTINUED (5) P.R. No. 19672 — A Resolution Authorizing The City Manager To Enter Into A Contract With LMC Corporation Of Houston, Texas, Through The Buyboard Cooperative Purchasing Program, Contract No. 392-12 Area C-LMC, For The Renovation Of The 1st Floor Annex Building, With A Projected Budgetary Impact Of $172,009.86; Funding Is Available In Utility Operations Account Nos. 410-1254- 532.54-00 & 410-1255.532.92-00 (6) P.R. No. 19677 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Second Year Renewal For Janitorial Services At 501 Procter With Southeast Texas Building Services Of Nederland, Texas, With A Projected Budgetary Impact Of $30,000.00; EDC Building Account No. 120-1429-582.82-00 (7) P.R. No. 19679 — A Resolution Of The City Of Port Arthur, Texas, Designating Capital One Bank, N.A., As The Depository Bank For The City Of Port Arthur, And Authorizing The City Manager To Execute All Documents Necessary To Implement The Third And Final Contract Renewal To Be Effective April 1, 2017 (8) P.R. No. 19680 — A Resolution Authorizing The City Manager To Enter Into A Contract With GT Distributors, Inc., Of Austin, Texas, • Under A Buyboard Contract, For The Purchase Of Uniforms For The Fire Department, With A Projected Budgetary Impact Of $49,993.50; Funding Available In Fire Department Account No. 001-1121-522.26-00 (9) P.R. No. 19682 — A Resolution Authorizing A Contact Between The City Of Port Arthur And Amelia Lawn Care & Landscaping Of Groves, Texas For Group A And Group E, Williams Transport Of Lumberton, Texas For Group B And Group D, Lone Star Outdoor Services, Inc. Of Lumberton, Texas For Group C, DMJ Landscaping Of Port Arthur, Texas For Group F, And K & D Affordable Lawn Services Of Port Arthur, Texas For Group G For Ground Maintenance For Utility Operations With A Projected Budgetary Impact Of $72,240.00 Per Year; Funding Is Available In Utility Operations Account No. 410-1253-532.59-00 4 AGENDA FEBRUARY 28, 2017 VII. CONSENT AGENDA — CONTINUED (10) P.R. No. 19683 — A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The Purchase Of AWWA C900/C905 Water Pipe For The Utility Operations Department With CPR Service & Supplies, Inc., DBA MDN Enterprises, Of New Caney, Texas, With A Projected Budgetary Impact Of $71,422.00; Funding Available In Utility Operations Account No. 410-1255-532.83-00 (11) P.R. No. 19684 — A Resolution Authorizing The Execution Of A Contract With HD Supply, Of Beaumont, Texas For The Purchase Of Repair Clamps, For The Utility Operations Department, With A Projected Budgetary Impact Of $162,409.39 Annually. Funds Are Available In Account Nos. 410-1253-532.35-00 & 410-1255-532.33- 00 (12) P.R. No. 19685 — A Resolution Awarding A Contract To MLG Construction In The Amount Of $25,100.00, And Authorizing The Execution Of A Contract For The Demolition Of Eight (8) Dangerous Residential Properties To Be Charged To Account No. 001-1052- 517.59-00 (General Fund) (13) P.R. No. 19686 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $25,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group D-t), To Be Charged To Account No. 001-1052- 517.59-00 (General Fund) (14) P.R. No. 19687 — A Resolution Authorizing The City Manager To Make Application For Fiscal Year 2017 State Homeland Security Program-Law Enforcement Terrorism Prevention Program (SHSP- LETPP) Funding 1 AGENDA FEBRUARY 28, 2017 VII. CONSENT AGENDA — CONTINUED (15) P.R. No. 19689 — A Resolution Authorizing The First Year Of A Contract With The Option Of Renewal For Two Additional One-Year Periods Between The City Of Port Arthur And South East Texas Lawn & Maintenance Of Beaumont, Texas For Groups 1 & 9, T & S Lawn Service Of Port Arthur, Texas For Group 2, Derrick & Noah Of Port Arthur, Texas For Group 3A, Long Claw Contractors, LLC Of Seabrook, Texas For Groups 3B, 5 & 6, Amelia Lawn Care & Landscaping Of Groves, Texas For Group 9, Eduardo T.O. Landscaping Of Groves, Texas For Groups 10, And Williams Transport Of Lumberton, Texas For Groups 11 & 12 For Mowing Of Various City Properties, Parks, & Right-Of-Ways With An Estimated Budgetary Impact Of $131,790.00 Per Year. Funding Is Available In Account 001-1207-531.31-00 (16) P.R. No. 19693 — A Resolution Confirming The Uniform Tax Abatement Policy For A Two (2) Year Term Pursuant To Chapter 312 Of The Texas Property Code VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19648 — A Resolution Authorizing The Adoption Of A New Logo And Slogan For The City Of Port Arthur (Requested By Councilmember Hamilton) 6 AGENDA FEBRUARY 28, 2017 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 19663 — A Resolution Authorizing The Execution Of Non- Exclusive Contracts For Road Building Materials With Gulf Coast Of Beaumont, Texas, Martin Marietta Of Both Beaumont And San Antonio, Texas, LD Construction Of Beaumont, Texas, Knife River South Of Beaumont, Texas, Redwine Enterprises, Inc. Of Port Arthur, Texas, Mid County Land Company Of Nederland, Texas, And Unique Paving Materials Corp. Of Cleveland, Ohio For Road Building Materials With A Projected Budgetary Impact Amount Of $1,500,000.00 Funding Available In The Following Accounts: Public Works Department: 001-1203-531.36-00 Streets Division Streets Maintenance, 001-1203-531.86-00 Streets Division City Streets Program, 001-1203-531.86-01 Streets Division CDBG Streets Program, 001-1204-531.34-00 Drainage Division Drainage Maintenance; Utility Operations Department: 403-1274-533.36-00 Solid Waste Landfill Division Street, 410-1253-532.36-00 Water Distribution Streets, 410-1253-532.86-00 Water Distribution Division Streets (3) P.R. No. 19668 — A Resolution Appointing Members To The Port • Arthur Police Chief Advisory Committee (4) P.R. No. 19688 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (Requested By Councilmember Albright) (5) P.R. No. 19692 — A Resolution Terminating The Contract With The Parker Law Firm (Requested By Councilmember Lewis) (6) P.R. No. 19696 — A Resolution Pertaining To A Payment To The Law Firm Of Langston Scott Adams (Requested By Councilmember Lewis) AGENDA FEBRUARY 28, 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 March 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 *************************************************** s 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.