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HomeMy WebLinkAboutMARCH 28, 2017 REGULAR MEETING 5:30 PM i DERRICK FORD FREEMAN,MAYOR E,u,Ry BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of CisCITY MANAGER COUNCIL MEMBERS: 40/ SHERRI BELLARD,TRW - TIFFANY L.HAMILTON CITY SECRETARY MORRIS ALBRIGHT ort r l h rt r KEITH RICHARD VAL TIZENO WILLIE"BAE" LEWIS,JR. ` 1`r\ CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting March 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 March 28, 2017 5:30 P.M. IPLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I 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) Clover Bolden Regarding Port Arthur Beautification Events And Appointments To The Port Arthur Beautification Commission (2) Sue Bard, Pam Trosclair, And Gloria Roy Of The Southeast Texas Arts Council Regarding The Third Annual Cajun Heritage Fest B. Presentations (1) A Presentation By Chester Jourdan Of The American Red Cross Regarding American Red Cross Month — March 2017 AGENDA MARCH 28, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation By Ron Fletcher, Public Relations Of Entergy, Regarding Right Of Way Of Public Lighting And Transitioning To LED Lighting (Requested By Councilmember Lewis) (3) A Presentation By The City Of Port Arthur Section 4A Economic Development Corporation Regarding On-The-Job Training (Requested by Councilmember Moses) C. Employee Recognition Introduction of Human Resources Director Monique LeFlore D. Correspondence — None IV. PUBLIC HEARINGS — 6:00 P.M. (1) A Public Hearing To Consider A Zoning Change From Two Family "2F To Light Commercial "LC". Approximately 0.1607 Acre Of Land Consisting Of All Of Lot 7 And The North 20' Of Lot 8, Block 14, Boulevard Court Addition [A.K.A. 2800 24th Street]. City Of Port Arthur, Jefferson County, Texas V. UNFINISHED BUSINESS (1) P.R. No. 19696 — A Resolution Pertaining To A Payment To The Law Firm Of Langston Scott Adams (Requested By Councilmember Lewis) 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 MARCH 28, 2017 VI. CONSENT AGENDA — CONTINUED A. Expense Report (A1) Mayor Derrick Freeman: Golden Triangle Days Austin, TX March 5 — 7, 2017 $1,308.98 (A2) Mayor Pro Tern Raymond Scott, Jr: Golden Triangle Days Austin, TX March 5 — 7, 2017 $957.20 (A3) Councilmember Willie "Bae" Lewis, Jr: Golden Triangle Days Austin, TX March 5 — 7, 2017 $1,320.48 (A4) Councilmember Charlotte Moses: Golden Triangle Days Austin, TX March 5 — 7, 2017 $957.20 (A5) Judge Kermit C. Morrison, Jr: Texas Municipal Courts Education Center Annual Regional Judges Seminar Houston, TX February 26 — 28, 2017 $374.20 (A6) City Manager Brian McDougal: Leadership South East Texas (LSET) Training Austin, TX January 29 — 31, 2017 $396.25 (A7) City Manager Brian McDougal: National Association Of Petroleum Engineers (NAPE) Training Houston, TX February 13, 2017 $394.23 3 AGENDA MARCH 28, 2017 VI. CONSENT AGENDA — CONTINUED (A8) City Manager Brian McDougal: Golden Triangle Days Austin, TX March 5 — 7, 2017 $837.53 B. Resolutions — Consent (1) P.R. No. 19675 — A Resolution Confirming The Motion Made By The Port Arthur City Council, Which Authorized The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An On-The-Job Training Contract With Conduent For Reimbursement Of 50% Of The Training Cost For Port Arthur Residents Not To Exceed $168,000.00 (2) P.R. No. 19681 — A Resolution Rejecting The Bids For Placement Of Hot-Mix Asphaltic Concrete And Authorizing Re-Advertisement For Bids (3) P.R. No. 19690 — A Resolution Requesting Ratification Of Repairs To Unit No. 1628, D7R Caterpillar Dozer, For The Public Works Department Landfill Division From Louisiana Machinery Of Lake Charles, Louisiana, In The Amount Of $29,738.81. Funds Are Available In The Public Works Department Landfill Division Vehicle Maintenance Account No. 403-1274-533.43-00 (4) P.R. No. 19695 — A Resolution Authorizing The City Manager To Execute An Amendment To The Professional Service Contract Between The City Of Port Arthur And SCS Engineers Of Bedford, Texas To Provide The Design Phase Services To The North Detention Basin Of The City's Landfill Increasing The Term Of The Agreement 53 Days With A Projected Budgetary Impact Of $24,900.00. Funds Are Provided In Public Works Department Landfill Division — Professional Services Account No. 403-1274- 533.54-00 4 AGENDA MARCH 28, 2017 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 19698 — A Resolution Authorizing The City Manager To Execute The Second Year Of A Three Year Renewable Contract Between The City Of Port Arthur And Sprint Waste Services Of Port Arthur, Texas For Leachate Hauling At The City Landfill For A Fee Of $72.03 Per Hour In A Projected Budgetary Impact Of $90,000.00. Funding Is Available In Account No. 403-1274-533.59- 00 — Public Works Department Landfill Division — Other Contractual Services (6) P.R. No. 19701 — A Resolution Approving FY 2018-2019 Contract Between The City Of Port Arthur And The Department Of State Health Services, RLSS-Local Public Health System In The Amount Of $335,034.00 (7) P.R. No. 19702 — A Resolution Authorizing Change Order No. 1 To The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Bruce's General Construction Decreasing The Contract Amount By $5,000.00 To A New Contract Amount Of $130,000.00, And Authorizing Acceptance Of The Architect's Certificate Of Completion And Payment Of Retainage In The Amount Of $6,500.00 For The Construction Of The Recreational Area Inside The Spur 93 Business Park, Funds Available In EDC Account No. 120-1429-582.59-02 (8) P.R. No. 19703 — A Resolution Authorizing A Contract Between The City Of Port Arthur And The Department Of State Health Services For Funds In The Amount Of $25,278.00 For Tuberculosis Prevention And Control (9) P.R. No. 19705 — A Resolution Approving The FY 2017-2018 Contract Between The City Of Port Arthur And The Department Of State Health Services For The Public Health Emergency Preparedness Program In The Amount Of $100,296.00 (10) P.R. No. 19706 — A Resolution Authorizing The City Manager To Execute A Contract With Casco Industries Of Houston, Texas, For Firefighting Protective Coats And Trousers With A Projected Budgetary Impact Of $59,000.00; Funding Available In Account #001-1121-522.26-00 5 AGENDA MARCH 28, 2017 VI. CONSENT AGENDA — CONTINUED (11) P.R. No. 19709 — A Resolution Of The City Council Of The City Of Port Arthur, Texas, Opposing Texas Senate Bill Number 715 (12) P.R. No. 19710 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An Agreement With Patriot Security EOC For The Installation Of A Video Intercom System For 501 Procter In An Amount Not To Exceed $26,071.66, Funds Available In EDC Account #120-1429- 582.59-00 (13) P.R. No. 19711 — A Resolution Approving Funding Of $5,000.00 From The City Of Port Arthur Section 4A Economic Development Corporation To The Southeast Texas Economic Development Foundation (SETEDF) For The Assistance Of The Regional Economic Development Initiative (REDI) To Coordinate The Regional Economic Development Efforts For The Region Of Hardin, Jefferson And Orange Counties (Account No. 120-1429-582.59-05) (14) P.R. No. 19712 — A Resolution Authorizing The Second Renewal Of The City Of Port Arthur Section 4A Economic Development Corporation's Contract With Hayes Real Estate For The Commercial Leasing And Property Management Services Of 501 Procter Street In Port Arthur, Texas For An Additional One-Year Period In An Amount Not To Exceed $15,000.00; Funds Available In EDC Account No. 120-1429-582.82-00 (15) P.R. No. 19714 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation Enter Into A Professional Services Agreement With HR Green Development, LLC For Landscape Architectural Design And Engineering Services At Jade Avenue Business Park, In An Amount Not To Exceed $52,100.00: Funds Available In EDC Account #120-1429-582.59-00 6 AGENDA MARCH 28, 2017 VI. CONSENT AGENDA — CONTINUED (16) P.R. No. 19715 — A Resolution Authorizing The Execution Of A Contract For Professional Services (Non-Federal Form) Between The City Of Port Arthur Section 4A Economic Development Corporation And Arceneaux Wilson & Cole, LLC For Engineering Services In Connection With The Newly Acquired PAEDC, Jade Avenue Business Park, Paving, Water, Sanitary Sewer & Drainage, AWC Project No. EDC-230; In An Amount Not To Exceed $275,031.00; Funds Available In PAEDC Account #120-1429- 582.86-00 (17) P.R. No. 19716 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Purchase A Konica Minolta Bizhub C308 Color Printer/Copier/Scanner/Fax From Star Graphics Of Beaumont, Texas Through NJPA Contract No. 083116-Kon In The Amount Of $7,069.80; Funds Available In EDC Account No. 120-1429-582.92-00 (18) P.R. No. 19717 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into A Service Agreement With Cheval Noir Media Of Port Arthur For The Printing And Mail Out Of The 6th Annual PAEDC Newsletter, In An Amount Not To Exceed $17,000.00 (Account No. 120-1429-582.59- 06) (19) P.R. No. 19718 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Partner With The City Of Port Arthur Community Development Housing Division To Develop A Downtown Target Area Housing Plan For The City Of Port Arthur By Contributing An Amount Not To Exceed $5,000.00 Funds Available In PAEDC Account #120-1429-582.53-00 (20) P.R. No. 19720 — A Resolution Authorizing The City Manager To Execute Change Order No. 7 To The Contract Between The City Of Port Arthur And N&T Construction, Inc. Of Beaumont, Texas, Decreasing The Contract Amount By $2,500.00 To A New Contract Total Of $842,187.53 And To Accept The Architect's Certificate Of Substantial Completion From The LaBiche Architectural Group, Inc. For The Improvements To The Pavilion And Peoples Park AGENDA MARCH 28, 2017 VI. CONSENT AGENDA — CONTINUED (21) P.R. No. 19723 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract Between The City Of Port Arthur And Agape Cleaning Enterprises, Inc. Of Houston, Texas, For Janitorial Services For City Hall And City Hall Annex, With An Annual Projected Budgetary Impact Of $62,482.20. Funding Is Available In Public Works — City Hall Account No. 001-1206-531.32-00 fi (22) P.R. No. 19728 — A Resolution Authorizing First Renewal To The Lease Of A Portion Of The Building At 441 Austin Avenue To Capital One, N.A. I VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19700 — A Resolution Appointing Members To The Port Arthur Police Chief Advisory Committee (2) P.R. No. 19708 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (Requested By Councilmember Swati) (3) P.R. No. 19724 — A Resolution Approving The 2017 Community Development Block Grant Allocations In The Estimated Amount Of $1,018,036.00 For The City Of Port Arthur (4) P.R. No. 19725 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Partner With The Port Arthur Industrial Group Companies (PAIG) And Their Service Contractors For Job Training And Placement Of Port Arthur Residents And To Enter Into Job Training Reimbursement Agreements With PAIG And Their Service Contractors At A Cost Not To Exceed $250,000.00 Per Year For Five (5) Years; Funds Available In PAEDC Account #120-1429-582.59-07 (5) P.R. No. 19726 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Golf Course Committee 8 AGENDA MARCH 28, 2017 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — i CONTINUED (6) P.R. No. 19729 — A Resolution Authorizing The City Manager To Enter Into An Agreement For The Construction Of Public Improvements With Magna Properties And Tri-Con, Inc., For The Relocation Of A 48" Storm Sewer Pipe (7) P.R. No. 19730 — A Resolution Awarding An Bid And Authorizing The City Manager To Execute A Contract With Excavation And Construction, LLC Of Port Arthur, Texas For The Relocation Of A 48 Inch Storm Sewer Reinforced Concrete Pipe Located At The Proposed Express Mart Convenience Store Located At 3649 Gulfway Drive With A Projected Budgetary Impact Of $125,911.27. Funding Available In City Streets Program Account No. 001-1203-531.86-00 B. Ordinance — Non-Consent (1) P.O. No. 6602 — 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. (2) P.O. No. 6613 — An Ordinance Amending Ordinance No. 16-53 As It Pertains To Article 12 (Hiring Practices) Of The Collective Bargaining Agreement Between The City Of Port Arthur And The Port Arthur Police Association (3) P.O. No. 6614 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Two Family (2F) To Light Commercial (LC) For Approximately 0.1607 Acre Of Land Consisting Of All Of Lot 7 And The North 20 Feet Of Lot 8, Block 12, Boulevard Court Addition, City Of Port Arthur, Jefferson County, Texas (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. Z17- 01 — Robert Wharton. Two Family (2F) To Light Commercial (LC) 9 AGENDA MARCH 28, 2017 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.O. No. 6615 — An Ordinance Of The City Council Of The City Of Port Arthur, Texas, Approving The Cost Of Service Adjustment Clause Tariff Proposed By Texas Gas Service Company, A Division Of One Gas, Inc. On March 10, 2017; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date VIII. 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 29, 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 ************************************************************ mffiesemwmffsimiwommisk it 10 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.