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HomeMy WebLinkAboutJULY 22, 2014 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR DERRICK FREEMAN,MAYOR PRO TEM JOHN COMEAUX,P.E. INTERIM CITY MANAGER _ COUNCIL MEMBERS: Energy RAYMOND SCOTT,JR. C1h'°f cfn SHERRI BELLARD TIFFANY L.HAMILTON I,l CITY SECRETARY,TRMC MORRIS ALBRIGHT,III •J STEPHEN A.MOSELY VALECIA R.TIZENO WILLIE"BAE"LEWIS,JR. O rt rth u CITY ATTORNEY ROBERT E.`BOB"WILLIAMSON KAPRINA RICHARDSON FRANK Texas AG E N DA City Council Regular Meeting July 22, 2014 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 July 22, 2014 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tern Freeman Councilmember Scott, Jr. Councilmember Hamilton Councilmember Albright, III Councilmember Mosely Councilmember Lewis, Jr. Councilmember Williamson Councilmember Frank Interim City Manager Comeaux, P.E. City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes — None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Alicia Marshall, Regarding Repairs To Manning Street (2) Herbert P. Kennerson, Regarding Water Leak, Street Curb Sweeping AGENDA JULY 22, 2014 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Dr. Albert T. Thigpen And Mr. Dohn H. LaBiche, FAIA, President, The LaBiche Architectural Group Regarding, Woodworth House (Rose Hill) Restoration C. Employee Recognition — None 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. Resolutions — Consent (1) P.R. No. 18352 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With BASF Corporation Exclusively For The Expansion Of Its Existing Facility For The Construction Of A New Project 2 AGENDA JULY 22, 2014 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 18370 — A Resolution Accepting The Engineer's Certificate Of Completion, Contractor's Certificate Of Guarantee, The Contractor's Certificate And Release, And The Final Payment In The Amount Of $6,012.44 For The Sabine Pass Metering Facility With Placo, LTD Of Lumberton, Texas. Account No. 429-1258-532.59-00, Project No. WSI001 (3) P.R. 18404 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee For The Construction Of Concession Stands In County Park And Pioneer Park, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And To Make Final Payment In The Amount Of $15,232.70 To The Contractor. Project Numbers 120-1429-582.59-05 ED1302 and 120- 1429-582.59-05 ED1305 (4) P.R. No. 18411 — A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The Port Acres Wastewater Treatment Plant Centrifuge Improvements Project With L&L Contractors Of Beaumont, Texas, In An Amount Not To Exceed $534,000.00, Project No. I21WWI, 144-1201-532.59-00 (5) P.R. No. 18412 — A Resolution Accepting A Water Utilities Easement From Stonegate Church Of Christ For The Construction, Installation, Laying, And Maintaining Of Water Utilities On Their Property At 2525 Aero Drive In The City Port Arthur (6) P.R. No. 18413 — A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The 18th Street Paving And Drainage Improvements Project — Stilwell Boulevard To Fort Worth Avenue, With McInnis Construction, Inc., Of Silsbee, Texas, In The Amount Of $2,781,583.85, GLO Round 2.1 Program, Project No. I2118T, Account No. 144-1201-532.59-00 3 AGENDA JULY 22, 2014 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 18414 — A Resolution Authorizing A Contract With Jesse Branick As The City Prosecutor; Funding Available In Account No. 001-1021-514.54-02 (8) P.R. No. 18416 — A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The Installation Of A Motor Control Center At The North Lift Station With Newtron Electrical Services, LLC, Of Nederland, Texas, In An Amount Not To Exceed $32,000.00, Account No. 410-1255-532.92-00 (9) P.R. No. 18422 — A Resolution Authorizing An Increase In The Existing Blanket Order By $3,960.00 For Sandra's Enterprises, Inc., For Grass Cutting Services At The Spur 93 Business Park, Funding Available In Account No. 120-1429-582.59-02 (10) P.R. No. 18423 — A Resolution Approving The First Renewal Of The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Sandra's Enterprises, Inc., Of Port Arthur, Texas, For Grass Cutting Services At The Spur 93 Business Park, In The Not To Exceed Amount Of $15,960.00. Funding Available In Account No. 120-1429-582.59-02 (11) P.R. No. 18424 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation To Engage The Services Of Arceneaux & Gates Consulting Engineers, Inc., To Amend A Plat Of The Spur 93 Business Park In The Amount Of $8,000.00; Account No. 120-1429-582.59-02 (12) P.R. No. 18425 — A Resolution Authorizing The Acceptance Of Section 5339 Grant Award Between The Texas Department Of Transportation (TXDOT) For The Purchase Of Two (2) Paratransit Buses For The Port Arthur Transit And Authorizing The Payment Of Additional Costs In The Amount Of $12,000.00. Account No. 001- 1003-512.59-00, Project No. M97903 (13) P.R. No. 18426 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts 4 AGENDA JULY 22, 2014 VI. CONSENT AGENDA — CONTINUED (14) P.R. No. 18428 — A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The 10th Street Paving Improvements Project — Stadium Road To Duff Drive, With APAC- Texas, Inc., Of Beaumont, Texas, In The Amount Of $686,131.50, GLO Round 2.1 Program, Project No. I2110T, Account No. 144- 1201-532.59-00 (15) P.R. No. 18431 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract Between The City Of Port Arthur And Excavators And Constructors Ltd, Of Port Arthur, Texas, Decreasing The Contract Amount By $38,667.40 To A New Contract Amount Of $1,794,128.40, And Increasing The Contract Time By Six (6) Calendar Days To A New Contract Time Of 306 Calendar Days. Project No. I2114T. Account No. 144-1201-532.59- 00 (16) P.R. No. 18432 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Lark Group Inc., Of Warren, Texas, For The Demolition And Site Preparation Of One (1) Property In The Amount Of $4,900.00; Funds Available In Account No. 105-1431-552.59-00 C36115 (17) P.R. No. 18434 — A Resolution Authorizing An Increase In The Existing Blanket Order By $40,000.00 For Joey's Tractor Service Of Port Arthur, Texas, For Grass Cutting Services For Pleasure Island; Funding Available In Account Nos. 450-1291-549.59-00, 450-1292- 549.59-00, 450-1293-549.59-00, And 450-1294-549.59-00 (18) P.R. No. 18435 — A Resolution Approving A Professional Service Agreement With Back Country Consulting, LLC, To Perform Hurricane Ike Closeout Procedures, For An Amount Not To Exceed $15,000.00; Account No. 001-1031-515.54-00 5 AGENDA JULY 22, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18417 — A Resolution Approving An Interlocal Agreement Between The City Of Port Arthur And Jefferson County For Improvements To Martin J. "Popeye" Holmes Park; Funded By The May 2012 Ballot Proposition (2) P.R. No. 18421 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract With Excavators & Constructors, Ltd. Of Port Arthur, Texas, For Water, Sanitary Sewer, Paving And Drainage Facilities To Serve Proposed "Kaprina Frank Drive" In The Spur 93 Business Park, In An Amount Not To Exceed $476,717.95. Funding Available In Account No. 120-1429-582.86-00 (3 ) P.R. No. 18427 — A Resolution Appointing And/Or Reappointing A Member or Members To The Library Board B. Ordinances (1) P.O. No. 6391 — An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2013 And Ending September 30, 2014 For The Water And Sewer Fund By $930,000.00 In Order To Fund Operating Costs VIII. ADJOURNMENT OF MEETING *************************************************** NOTE: If The Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On July 23, 2014. 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.