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HomeMy WebLinkAboutJUNE 20, 2017 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAYOR E„e,y,• BRIAN McDOL GAL CAL J.JONES,M 4 OR PRO TEM City of c'n' }- CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY' THOMAS J.KINLAW, III o r 1 r t{t u r HAROLD DOUCET,SR. VAL TIZENO WILLIE"BAE" LEWIS,JR. I( 1`i\ CITY ATTORNEY OSMAN MY ATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting June 20, 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 June 20, 2017 5:30 P.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tern Jones Councilmember Scott, Jr. Councilmember Kinlaw, III Councilmember Doucet, Sr. 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) Keith Richard Regarding Recognition Of City Of Port Arthur Environmental Health Inspector Israel Guidry (2) Martin Flood Regarding Building Permit (3) Dee Dee Pillitere Regarding My Vision For Port Arthur B. Presentations — None C. Employee Recognition — None D. Correspondence — None 1 AGENDA JUNE 20, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. (1) A Public Hearing To Consider Whether Or Not To Authorize The Chief Of Police To Issue A Wrecker Permit For The Following Named Business: Felix AAA Auto Salvage Herbert L. Felix, Sr., Owner/Operator 6375 West Port Arthur Road Port Arthur, Texas 77640 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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. Expense Report (A1) Councilmember Willie "Bae" Lewis, Jr: General Land Office Costal Management Project Galveston, TX May 10, 2017 $93.63 2 AGENDA JUNE 20, 2017 VI. CONSENT AGENDA — CONTINUED B. Resolutions — Consent (1) P.R. No. 19719 — A Resolution Authorizing The City Manager To Execute Change Order No. 6 To The Contract Between The City Of Port Arthur And McInnis Construction, Inc., Of Silsbee, Texas, For The 18th Street Improvements Project, Decreasing The Contract Amount By $14,940.58, To A New Contract Total Of $3,414,924.59, Accept The Engineer's Certificate Of Completion, Contractor's Certificate Of Guarantee, Contractor's Certificate And Release, And Execute The Certificate Of Construction Completion, And Authorize Payment Of The Final Invoice In The Amount Of $19,704.89 And Retainage In The Amount Of $170,746.23. Funds Available In GLO Round 2.2 Program, Project No. I2118T, Account No. 144-1201- 532.59-00 (2) P.R. No. 19796 — A Resolution Authorizing The City Manager To • Execute Change Order No. 01 To The Contract Between The City Of Port Arthur And Excavation And Construction, LLC Of Nederland, Texas For The 4th Street Improvements Project, Increasing The Contract Amount By $26,929.70 To A New Contract Amount Of $915,542.44 And Increasing The Contract Term By 15 Days To A New Total Of 165 Days. Project No. 4THST1, Account No. 105- 1431-552.86-01 CDBG (3) P.R. No. 19802 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract Between The City Of Port Arthur And Joey's Tractor Service Of Port Arthur, Texas For Grass Cutting Services On Pleasure Island, With A Projected Annual Budgetary Impact Of $139,800.00 Funding Is Available In Pleasure Island Account Nos. 450-1291-549.59-00 (Other Contractual Services — General And Administrative), 450-1292-549.59-00 (Other Contractual Services — RV Park), 450-1293-549.59-00 (Other Contractual Services — Marina), 450-1294-549.59-00 (Other Contractual Services — Public Parks) AGENDA JUNE 20, 2017 VI. CONSENT AGENDA — CONTINUED (4) P.R. No. 19809 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Excavation And Construction, LLC Of Port Arthur, Texas For City Street Improvements Along Bluebonnet Avenue From Gulfway Drive (SH 87) To Memorial Blvd. (Us 69), With A Projected Budgetary Impact Of $1,314,627.91; Funding Available In Account No. 001-1203- 531.86-00, Public Works/City Streets Account (5) P.R. No. 19810 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Commercial Listing Agreement With Hayes Real Estate For The Commercial Listing Services Of 501 Procter Street In Port Arthur, Texas (6) P.R. No. 19811 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract For Landscaping And Irrigation Maintenance At The Spur 93 Business Park With Affordable Lawn & Tractor Service Of Port Arthur, Texas, In The Amount Of $28,500.00. PAEDC Funding Account No. 120-1429-582.59-02 (7) P.R. No. 19812 — A Resolution Authorizing The First Renewal Of The Port Arthur Section 4A Economic Development Corporation 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. PAEDC Funding Account No. 120-1429-582.54-11 (8) P.R. No. 19813 — A Resolution Approving The Closing Of The Economic Incentive Contract & Loan Agreement Between Coastal Industrial Services And The City Of Port Arthur Section 4A Economic Development Corporation 4 AGENDA JUNE 20, 2017 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 19814 — A Resolution Allowing The City Of Port Arthur Section 4A Economic Development Corporation To Use 4A Funds Pursuant To §501.108, Local Government Code To Make Infrastructure Project Improvements And Revitalize A Blighted Area So That New Business Enterprises Will Locate In The Newly Improved Locations. PAEDC Funding Account No. 120-1429- 582.59-05 (10) P.R. No. 19816 — 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 $280,000.00 Of Which $140,000.00 Is Allocated Toward The Contract Period September 1, 2017 Through August 31, 2019 (11) P.R. No. 19821 — A Resolution Authorizing The City Manager To Enter Into A Contract With Southern Counties Oil Company Of Orange, California, For The Purchase Of Ultra Low Sulfur Diesel Fuel, With A Projected Budgetary Impact Of $350,000.00; Funding Is Available In Transit Inventory/Store Account Numbers: 401- 1501-561.24-00 And 401-1506-561.24-00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19808 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Mayor Pro Tem Jones) (2) P.R. No. 19819 — A Resolution Appointing A Councilmember To The Port Arthur Independent School District Board Governmental Relations Committee (Requested By Mayor Freeman) (3) P.R. No. 19820 — A Resolution Authorizing The July 4, 2017 Regularly Scheduled Council Meeting Date To Be Rescheduled Or Cancelled AGENDA JUNE 20, 2017 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinance — Non-Consent (1) P.O. No. 6621 — An Ordinance Authorizing Special Warranty Deed For Conveyance Of Ten (10) Properties The City Acquired Through The Neighborhood Stabilization Program (NSP), To Legacy Community Development Corporation, A Qualified Developer Of Port Arthur, Texas 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 June 21, 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 ************************************************************ 6 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.