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HomeMy WebLinkAboutNOVEMBER 6, 2018 REGULAR MEETING 5:30 PM } I DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON THOMAS J. KINLAW III,MAYOR PRO TEM City of INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES ort rtIrur HAROLD DOUCET,SR. 1 AL TIZENO CHARLOTTE MOSES ' " CITY ATTORNEY KAPRIN:1 FRANK AGENDA N City Council Regular Meeting November 6, 2018 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 November 6, 2018 5:30 P.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tern Kinlaw, III Councilmember Scott, Jr. Councilmember Jones Councilmember Doucet, Sr. Councilmember Moses Councilmember Frank Interim City Manager Robinson City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Ellis Allen Regarding The Appoint/Reappointment Of Members To The Port Arthur Beautification Commission (2) John Beard, Jr. Regarding Hurricane Recovery And Community Redevelopment, Q02 B. Presentations (1) A Presentation By The Texas Department Of Transportation Regarding A Status Update On The Planned Interchange Improvements At Highway 69/73 AGENDA NOVEMBER 6, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation by Johnathan Williams, President of Winner's Circle Wanted Riders of Southeast Texas Regarding Upcoming Zydeco Events and Dance Festivals In Downtown Port Arthur C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. (1) Notice Is Hereby Given Of A Second Public Hearing Of The City Council Of Port Arthur, Texas To Be Held Pursuant To Chapter 43 Of The Local Government Code In The City Council Chambers, City Hall, Fifth Floor, 444 4th Street At 6:00 0' Clock P.M., On Tuesday, November 6, 2018 To Review Plans For The Proposed Annexation Of The Property. It Being A 2.543 Tract Or Parcel Of Land Situated In The B.B.B. & C.R.R. Survey, Abstract 92, Located At The Intersection Of State Highway 82 And Terminal Road. The First Public Hearing Was Held On Tuesday, October 23, In The City Council Chambers, City Hall, Fifth Floor, 444 4th Street At 9 0' Clock A.M. All Persons Interested Will Be Given An Opportunity To Be Heard At Said Hearing (2) A Public Hearing To Consider Whether Or Not To Authorize The Chief Of Police To Issue A Wrecker Permit For The Following Named Business: ABS Towing & Recovery Susan Richard, Owner/Operator 115 W Hwy 365 Port Arthur, TX 77640 2 AGENDA NOVEMBER 6, 2018 V. UNFINISHED BUSINESS (1) P.R. No. 20549 — A Resolution Authorizing The City Manager To Execute The Third Amendment To The Water Service Agreement Between Sabine Pass Liquefaction, LLC And The City Of Port Arthur (2) P.R. No. 20352 — A Resolution Authorizing The City Manager To Execute Change Order #2 And Final 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, Extending The Duration Of The Project With A Time Extension Of 208 Days Due To Weather Delays, Project Time Suspension, And Material Delivery Delays, For A New Completion Date Of September 4, 2018, And Accounting For A $274,953.00 Reduction In The Contract Amount, Bringing The Contract Total To $7,417,047.00; Account No. 429-1258-532.59-00; Project No. R16065 (3) P.R. No. 20478 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 And Final To The Contract Between The City Of Port Arthur And Allco, LLC, Of Beaumont, Texas, For The Phase II Surface Water Treatment Plant Improvements Project, Decreasing The Contract Amount By $766,868.17, To A New Contract Total $22,981,080.83, And Increasing The Contract Time By 491 Calendar Days (4) P.R. No. 20479 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate Of Guarantee, Contractor's Certificate And Release, And Authorizing The City Manager To Execute The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment To AIIco, LLC In The Amount Of $574,527.02 (Retainage); Funded In Account No. 429-0000-205-00-00, Project No. WSI009 AGENDA NOVEMBER 6, 2018 V. UNFINISHED BUSINESS — CONTINUED (5) P.R. No. 20480 — 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 Terminal Road Elevated Storage Tank And Pump Station Project, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment To Landmark Structures, I, L.P., In The Amount Of $57,386.65 From Account No. 429-1258-532.59-00, Project No. R16065, And Release Of The Retainage In The Amount Of $370,852.35 From Account No. 429-0000-205.00-00, Project No. WSI009 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 Reports (Al) Mayor Pro Tem Thomas Kinlaw, III: The Texas Municipal League Conference Fort Worth, TX October 9 — 12, 2018 $1,902.75 (A2) Councilmember Raymond Scott, Jr: The Texas Municipal League Conference Fort Worth, TX October 9 — 12, 2018 $1,601.78 (A3) Councilmember Cal Jones: The Texas Municipal League Conference Fort Worth, TX October 9 — 12, 2018 $1,884.40 4 AGENDA NOVEMBER 6, 2018 VI. CONSENT AGENDA — CONTINUED (A4) Councilmember Harold Doucet, Sr: The Texas Municipal League Conference Fort Worth, TX October 9 — 12, 2018 $1,881.37 (A5) Councilmember Charlotte Moses: The Texas Municipal League Conference Fort Worth, TX October 9 — 12, 2018 $2,048.88 B. Minutes October 23, 2018 Regular Meeting October 30, 2018 Special Meeting C. Resolutions — Consent (1) P.R. No. 20427 — A Resolution Authorizing The City Manager To Execute An Easement With Port Plaza Hotel, LLC For The Installation Of A Monument Sign On Approximately 74 SF Of Land Out Of A 2.256-Acre Tract Of Land, City Of Port Arthur, Jefferson County, Texas (2) P.R. No. 20472 — A Resolution Designating And Establishing The Zydeco Events And Dance Festivals Entertainment Area, Designating Winner's Circle Riders Of Southeast Texas As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Winner's Circle Riders Of Southeast Texas (3) P.R. No. 20503 — A Resolution Authorizing The Second And Final Year Renewal Of The Contract With Total Safety, U.S., Inc., Of Port Arthur, Texas, For Asbestos And Lead Abatement Consulting Services With A Projected Budgetary Impact In The Amount Of $50,000.00, To Be Charged To Account No. 001-1052-517.54-00 (General Fund-Professional Services) 1 5 AGENDA NOVEMBER 6, 2018 VI. CONSENT AGENDA — CONTINUED (4) P.R. No. 20526 — A Resolution Authorizing The Purchase Two (2) — 8" Sludge Pumps For Installation At The Port Acres Wastewater Treatment Plant From Pump WRXS & Controls Of Pearland, Texas, With An Estimated Budgetary Impact Of $29,794.00; Funding Available In Account No. 410-1256-532.42-00(Wastewater Treatment/Equipment Maintenance) (5) P.R. No. 20536 — A Resolution Authorizing The City Manager To Retain The Services Of David Cargill To Restore The Bronze Statue The Family At The Public Library With A Projected Budgetary Impact Amount Of $21,000.00. Funds Are Available In Library Special Fund Account No. 102-1421-553-32-00 (6) P.R. No. 20552 — A Resolution Authorizing The City Manager To Accept The Engineer's Certificate Of Completion, Contractor's Certificate Of Warranty, Contractor's Affidavit Of Payments Of Debts And Claims, Contractor's Final Payment Affidavit, And Authorize The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment To Excavation And Construction LLC, Of Invoice #3 And Release Of Retainage In An Amount Of $6,295.56 For The 48" Storm Sewer Relocation Project; Account No. 307-0000-205.00-00, Project No. R17087 (7) P.R. No. 20553 — A Resolution Authorizing The City Manager To Purchase Uniform Items For The Police Department From Miller Uniforms & Emblems Of Austin, Texas, Through Buyboard Contract No. 524-17, With A Budgetary Impact Of $30,250.00. Funds Available Under 001-1101-521.26-00 (8) P.R. No. 20555 — A Resolution Approving Payment In The Not To Exceed Amount Of $95,227.11 For The TCEQ Annual Consolidated Water Quality Assessment Fees For All Three (3) Wastewater Treatment Plants In The City Of Port Arthur. Utility Operations Department, Wastewater Treatment Division, Account No. 410- 1256-532.59-01, Regulatory Fees c, AGENDA NOVEMBER 6, 2018 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 20558 — A Resolution Authorizing A Chapter 380 Agreement With Magna Properties, LTD / Tri-Con Inc. Located In A I Neighborhood Empowerment Zone (10) P.R. No. 20561 — A Resolution Authorizing The City Manager To Execute Change Order No. 01 To The Contract Between Crawley's Shoreline Construction Of Baytown, Texas And The City Of Port Arthur, Texas For The Pleasure Island Bulkhead Replacement Project, Increasing The Contract Amount By $8,500.00 To A New Contract Amount Of $353,255.00 And Increasing The Contract Time By 2 Days To A New Term Of 92 Consecutive Calendar Days. Funding Is Available In Account No. 450-1293-549.89-00, Marina Other Structures Account. (Capital Outlay) (11) P. R. No. 20562 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Paramount Design And Development Of Beaumont, Texas, For The Reconstruction Of Three (3) Houses, And City Council Authorization Of The Expenditure Of Contingency Funds In The Amount Of $3,500.00, And Increasing The Contract Time By 20 Days To A New Term Of 110 Days (12) P.R. No. 20563 — A Resolution Authorizing The City Manager To Execute Contracts Between Its Third Party Administrator (Administrative Services Only) For The City Of Port Arthur Blue Cross Medicate Advantage PPO And Prescription Drug Plan For Its Medicare Eligible Dependent(s), And Authorizing The City Manager To Execute All Documents (13) P. R. No. 20564 — A Resolution Authorizing The City Manager To Enter Into A Contract With SpawGlass Construction Corp., Of Beaumont, Texas, For Repairs To Pleasure Island Golf Club House For An Amount Of $25,600.00. Funding Available In Account No. 450-1291-549.32-00 AGENDA NOVEMBER 6, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20510 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Construction Board Of Adjustments And Appeals B. Ordinances — Non-Consent (1) P.O. No. 6738 — An Ordinance Authorizing The Conveyance Of The Property Located At 649 Stadium Road, Port Arthur, Texas, Also Known As The Felix And Milton Barker Community Center, To Golden Triangle Church On The Rock (2) P.O. No. 6739 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 By $305,600.00 For The Pleasure Island Fund 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 November 7, 2018. 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,-sach 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.