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HomeMy WebLinkAboutAUGUST 1, 2017 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR Fnerel BRIAN McDOL GAL CAL J.JONES,MAYOR PRO TE\I City of Cu CITY MANAGER COUNCIL MEMBERS: /*/ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY THOMAS J.KINLAW, III r t r t Ir u r HAROLD DOUCET,SR. VAL TREND WILLIE"BAE" LEWIS,JR. Teas CITY ATTORNEY OSMAN SIN ATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting August 1, 2017 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. piemmilmmir City Council Meeting City Hall Council Chamber City Of Port Arthur August 1, 2017 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem 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 — None B. Presentations (1) A Presentation By Lowra A. Harrison Regarding Professional Environmental Support (Requested By Councilmember Doucet) (2) A Presentation By Captain Chuck LaHaye, President Of The Sabine Pilots Association, Regarding Article I, Section 118-1, of the Code of Ordinances, Relating To Speed Limit For Large Vessels (3) A Presentation By David Perkins, Project Manager Regarding Access Companies Inc. Golden Triangle RV Resort AGENDA AUGUST 1, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED (4) A Presentation By Kandace M. Tappen, Assistant City Manager And Jose Martinez, Library Director Regarding The Library Mercer Report (5) A Presentation By Jerry Smith, Parks And Recreation Director Regarding Camp Force3 (6) A Presentation By Latrice Gallow, Manager, Utility Compliance Engineer Regarding Utility Operations, Regulatory Services Compliance Updates (7) A Presentation By Antonius Pegues, Utility Customer Service Manager Regarding National Water Quality Month (8) A Presentation By Councilmember Lewis Regarding The General Land Office (GLO) Grant Pertaining To Sabine Pass Water Front Access Road Project C. Employee Recognition — None D. Correspondence — None E. Discussion (1) To Discuss The City Of Port Arthur Job Vacancies By Department. (Requested By Councilmember Doucet) IV. PUBLIC HEARINGS — 9:00 A.M. — NONE V. UNFINISHED BUSINESS — NONE 2 AGENDA AUGUST 1, 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. Minutes May 23, 2017 Regular Meeting June 1, 2017 Special Meeting June 6, 2017 Regular Meeting June 20, 2017 Special Executive Meeting June 20, 2017 Regular Meeting July 11, 2017 Regular Meeting July 18, 2017 Special Executive Meeting July 18, 2017 Regular Meeting B. Resolutions — Consent (1) P.R. No. 19748 — 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 Sewer Main Line In Front Of Port Plaza Shopping Center And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (2) P.R. No. 19817 — A Resolution Terminating The Contract With Long Claw Contractors, LLC Pursuant To Resolution No. 17-049, And Authorizing A Contract Between The City Of Port Arthur And Derrick & Noah Lawn Service Of Port Arthur, Texas For Group 3B And South East Texas Lawn & Maintenance Of Beaumont, Texas For Group 6 For Mowing Of Various City Properties, Parks And Right-Of- Ways With An Annual Projected Budgetary Impact Of $46,200.00. Funding Available In Parks Account No. 001-1207-531.31-00 3 AGENDA AUGUST 1, 2017 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 19841 — A Resolution Awarding And Bid And Authorizing The City Manager To Execute A Contract With Norman Highway Constructors Of Orange, Texas For The Storm Sewer Improvements Along Woodworth Blvd. From 7th Street To Thomas Blvd. With A Projected Budgetary Impact Of $1,186,728.00. Funding Available In Account Numbers 145-1201-532.59-00, GLO Round 2.2 Program - $799,500.00 And 001-1203-531.86-00, City Streets Program - $387,228.00 (4) P.R. No. 19844 — A Resolution Rejecting Bids For The West Rev. Dr. Ransom Howard (West 7th) Street Pavement Rehabilitation Project From MLK Drive To Abe Lincoln Avenue Due To Funding Availability (5) P.R. No. 19847 — A Resolution Approving A Technical Assistance Agreement Between The City Of Port Arthur, Texas, The City Of Port Arthur Section 4A Economic Development Corporation And National Development Council For The Period Of October 1, 2017 Through September 30, 2018 In An Amount Not To Exceed $72,000.00; Account No. 120-1429-582.54-11 (6) P.R. No. 19848 — A Resolution Authorizing The First Renewal Of A Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Jireh World Church/Outreach Ministries, Inc. To Provide Life Skills And Financial Planning Training To Port Arthur Residents In An Amount Not To Exceed $100,000.00 PAEDC Account No. 120-1429-582.59-07 (7) P.R. No. 19849 — A Resolution Terminating 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 PAEDC, Phase II Paving, Water, Sanitary Sewer & Drainage AWC Project No. EDC-230 For The Newly Acquired Jade Avenue Business Park (8) P.R. No. 19850 — A Resolution Approving The Closing Of The Economic Development Conditional Grant Agreement Between PA69, L.P. And The City Of Port Arthur Section 4A Economic Development Corporation 0 4 AGEN AUGUDAST 1, 2017 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 19851 — A Resolution Authorizing The Lease Of Office Space Located Within 501 Procter Street By The City Of Port Arthur Section 4A Economic Development Corporation To G&G Enterprises, Inc. (10) P.R. No. 19852 — A Resolution Authorizing The Lease Of Office Space Located Within 501 Procter Street By The City Of Port Arthur Section 4A Economic Development Corporation To Collins Engineers, Inc. (11) P.R. No. 19853 — A Resolution Authorizing The City Manager To Execute A Written Agreement Between The City Of Port Arthur And Randy Smith For Participation In The City Of Port Arthur's Owner Occupied Housing Assistance Rehabilitation And Reconstruction Program (12) P.R. No. 19854 — A Resolution Authorizing City Manager To Enter Into A Contract With Farrwest Environmental Supply, Inc. Of Shertz, Texas For Hazardous Materials Monitoring And Detection Equipment Leasing, Service, Maintenance, And Training In The Amount Of $34,336.80 To Be Paid In Quarterly Payments; Funds Available In Fire Department Equipment Maintenance Account No. 001-1121-521.42-00 (13) P.R. No. 19855 — A Resolution Authorizing Execution Of A Internal Ethics And Compliance Policy For The Transit Department With The Texas Department Of Transportation To Provide Transit Operating Funds For The City Of Port Arthur Transit (14) P.R. No. 19856 — A Resolution Amending Resolution Number 17- 084 To Decrease The 2017 Community Development Block Grant (CDBG) Allocation From $1,018,036.00 To $1,004,747.00 And Approving The Revised List Of Projects For 2017 (CM Review) AGENDA AUGUST 1, 2017 VI. CONSENT AGENDA — CONTINUED (15) P.R. No. 19858 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Mike Barnett Construction Of Port Neches, Texas, For The Removal And Replacement Of Flooring & Sub Flooring At The Sabine Pass Community Center, Increasing The Contract By $1,518.00 To A New Total Of $30,468.00; Funding Available In Civic Center Building Maintenance Account Number 001-1061- 518.32-00 (16) P.R. No. 19859 — A Resolution Authorizing The City Manager To Execute Change Order No. 02 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 Term By 34 Days To A New Total Of 199 Days. Project No. 4THST1 (17) P.R. No. 19863 — A Resolution Authorizing Implementation Of Route Changes As Discussed At The Public Hearing Held On May 23, 2017 For The Port Arthur Transit Department VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19862 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (Requested By Councilmember Lewis) B. Ordinance — Non-Consent (1) P.O. No. 6627 — An Ordinance Amending Section 86-114 (Commercial Refuse) Of The Code Of Ordinances, City Of Port Arthur, Texas, By Increasing The Commercial Container Service Rates To 97% Of Lowest Charge In Region For Commercial Container Rates, Over A Three Year Period, 33% Increase Each Year (Third Year, 34%); And Providing For An Effective Date 6 AGENDA AUGUST 1, 2017 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 — To Discuss With The City Attorney Update On Pending And Potential Civil Service Litigation And Related Legal Issues (2) 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 (3) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (4) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (GLN Holdings, LLC , Colonial Pipeline Company And Sempra Energy) *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA AUGUST 1, 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 August 2, 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 ************************************************************ 8 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.