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HomeMy WebLinkAboutSEPTEMBER 16, 2014 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR / JOHN COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM INTERIM CITY MANAGER _ energy COUNCIL MEMBERS: City of of, SHERRI BELLARD RAYMOND SCOTT,JR. )4\ CITY SECRETARY,TRMC TIFFANY L.HAMILTON 1 MORRIS ALBRIGHT,III VALECIA R.TIZENO STEPHEN A.MOSELY o rt r th u — CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E."BOB"WILLIAMSON Texas KAPRINA RICHARDSON FRANK AG E N DA City Council Regular Meeting September i6, 2014 5:3o 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) 983-8 115• City Council Meeting City Hall Council Chamber City Of Port Arthur September 16, 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 August 05, 2014 Regular Meeting August 14, 2014 Special Executive Meeting August 19, 2014 Special Executive Meeting August 19, 2014 Regular Meeting August 26, 2014 Special Meeting September 2, 2014 Regular Meeting September 5, 2014 Special Executive Meeting III. PETITIONS &COMMUNICATIONS A. Speakers (1) Cuevas Peacock, Pro-Act Community Forum (2) John Lawrence Kanazawa Jolley, Infrastructure Report Gathered While Paddling Boat Across The Continent And Back i AGENDA SEPTEMBER 16, 2014 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Leslie McMahen and Susan McDermott, Regarding Vista Village Storm Drainge C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARING — 6:00 P.M. (1) To Consider Z14-04 (Sup #222) — Specific Use Permit For Nicole Perez For The Operation Of A Daycare Service On 0.1237 Acre Of Land Consisting Of All Of Lot 31, Block 9, Park Place No. 2 Addition. This Property Is North Of 29th Street And West Of Memorial Blvd (3011 Keystone Avenue), Port Arthur, Jefferson County, Texas (2) To Consider A14-03 Abandonment Requested For (Property Located North Of The Closed Portion Of 28th Street Between 8th And 9th Avenues) (Property Located South Of 27th Street Between 8th And 9th Avenues) (3) To Consider Z14-05 (Sup #223) — Specific Use Permit For PI Dock Facilities, LLC, For A New Dock And Diesel Storage Tank Facilities For 108.200 Acre Of Land Consisting Of The Following: Tract 1, Tract 2, Tract 3, And Tract 4. The Property Is Located At 2500 South Martin Luther King, Jr. Drive [A.K.A. South State Highway 82], Pleasure Island In Port Arthur, Texas (4) A Public Hearing To Discuss The 2014 Tax Year Proposed Property Tax Rate For The City Of Port Arthur. A Tax Rate Of .792000 Per $100 Valuation Has Been Proposed For Adoption By The Governing Body Of The City Of Port Arthur. This Rate Exceeds The Lower Of The Effective Or Rollback Tax Rate, And State Law Requires That Two Public Hearings Be Held By The Governing Body Before Adopting The Proposed Tax Rate This Is The Second Of Two Mandatory Hearings 2 AGENDA SEPTEMBER 16, 2014 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. BUDGET WORKSHOP VII. ITEMS REQUIRING INDIVIDUAL ACTION A. Resolutions (1) P.R. No. 18554 — A Resolution Directing The City Manager And Finance Director To Include Additional Items In The Proposed Budget For Fiscal Year 2015 VIII. 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. 18479 — A Resolution Authorizing Track Repairs To Equipment Number 1954 (D7E Caterpillar Dozer) For The Landfill To Mustang CAT Of Beaumont, Texas, In The Not-To-Exceed Amount Of $29,251.00, Public Works-Landfill Account No. 403-1274-533.43-00 (2) P.R. No. 18501 — A Resolution Approving A Memorandum Of Understanding Between The City Of Port Arthur And Health And Human Services Commission For The Use Of Online Application Assistance Services (3) P.R. No. 18510 — A Resolution Authorizing A Requested Time Extension To The Engineering Services Contract Between The City Of Port Arthur And Soutex Surveyors And Engineers Of Port Arthur, Texas, For The Shreveport Avenue Drainage Project Between Procter Street And 5th Street, Said Time Extension being Until February 27, 2015, And At No Additional Cost To The City 3 AGENDA SEPTEMBER 16, 2014 VIII. CONSENT AGENDA— CONTINUED (4) P.R. No. 18512 — A Resolution Authorizing The City Manager To Execute Contracts Between Its Third Party Administrator (Administrative Services Only) For The City Of Port Arthur Group Medical, Dental Insurance, Basic Life, Basic Accidental Death And Dismemberment, And Excess Loss Indemnity With Blue Cross And Blue Shield Of Texas, Inc. Fund No. (S): 614 — Health Insurance Fund (5) P.R. No. 18519 — A Resolution Awarding A Contract To MLG Construction Of Houston, Texas, In The Amount Of $5,650.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group A), To Be Charged To Account No. 120- 1429-582.59-05 (EDC) (6) P.R. No. 18520 — A Resolution Awarding A Contract To MLG Construction Of Houston, Texas, In The Amount Of $4,650.00, And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group B), To Be Charged To Account No. 120- 1429-582.59-05 (EDC) (7) P.R. No. 18521 — A Resolution Awarding A Contract To MLG Construction Of Houston, Texas, In The Amount Of $3,490.00, And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group C), To Be Charged To Account No. 120- 1429-582.59-05 (EDC) (8) P.R. No. 18522 — A Resolution Awarding A Contract To MLG Construction Of Houston, Texas, In The Amount Of $3,550.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group D), To Be Charged To Account No. 120- 1429-582.59-05 (EDC) (9) P.R. No. 18523 — A Resolution Awarding A Contract To MLG Construction Of Houston, Texas, In The Amount Of $8,400.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A-t), To Be Charged To Account No. 120- 1429-582.59-05 (EDC) 4 AGENDA SEPTEMBER 16, 2014 VIII. CONSENT AGENDA— CONTINUED (10) P.R. No. 18528 — A Resolution Authorizing An Increase In The Existing Blanket Order By $12,500.00 For Southeast Texas Lawn And Maintenance Of Beaumont, Texas, For Grass Cutting Services Of Privately-Owned And City-Owned Vacant And Developed Lots In An Area Of The City Designated As Area D-1. Funding Available In Environmental Health Account No. 001-1304-541.59-00 (11) P.R. No. 18529 — A Resolution Authorizing An Increase In The Existing Blanket Order By $12,500.00 For Williams Transport Of Lumberton, Texas, For Grass Cutting Services Of Privately-Owned And City-Owned Vacant And Developed Lots In An Area Of The City Designated As Area E. Funding Available In Environmental Health Account No. 001-1304-541.59- 00 (12) P.R. No. 18531 — A Resolution Authorizing The City Manager To Enter Into A One (1) Year Service Agreement Between The City Of Port Arthur And Horiba Medical, Inc., Of Los Angeles, California, For Annual Maintenance To The Pentra 80XL Hematology Machine, In The Not-To- Exceed Amount Of $8,861.00; Funding Available In Health Department Account No. 001-1301-541.42 (13) P.R. No. 18532 — A Resolution Authorizing The 2nd Year (First Renewal) Of The Contract With J-3 Metals Of Vidor, Texas, To Purchase Scrap Metal And White Goods From The City Of Port Arthur, And To Provide Proper Disposal Thereof (14) P.R. No. 18538 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And McZeal Construction Of Port Arthur, Texas For The Rehabilitation Of The Property Located At 3900 Lewis Drive, Not To Exceed The Amount Of $4,850.00, Funds Are Available In CDBG Housing Account #105-1431-552.59-00 Project #40115 (15) P.R. No. 18539 — A Resolution Authorizing Execution Of Amendment No. 4 To The Neighborhood Stabilization Program, (NSP) Contract Number 77090000154 Between Texas Department Of Housing And Community Affairs, (TDHCA) And The City Of Port Arthur, Decreasing The Program Category Budgets From $1,797,296.45 To $1,349,571.67 5 AGENDA SEPTEMBER 16, 2014 VIII. CONSENT AGENDA— CONTINUED (16) P.R. No. 18540 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 Of The Neighborhood Stabilization Program, (NSP) Program One (NSP-I) Program Income Reservation System Participation Agreement No. 77090003154 To Extend The Termination Date To August 31, 2015 (17) P.R. No. 18541 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 4608 Forest Drive, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (18) P.R. No. 18543 — A Resolution Authorizing A Contract Between The City Of Port Arthur And The Department Of State Health Services For Vital Statistics To Continue Online Birth Certificate Access (19) P.R. No. 18544 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (20) P.R. No. 18545 — A Resolution Authorizing The City Manager To Execute A Contract Between The Port Arthur Pop Warner Football League Gulf Coast And The City Of Port Arthur For The Use Of The City's Football Field At Adams Park From September 17, 2014 Through December 31, 2014 (21) P.R. No. 18546 — A Resolution Authorizing An Increase In The Daily Rental Rates For The Robert A. "Bob" Bowers Civic Center (22) P.R. No. 18547 — A Resolution Authorizing Emergency Replacement And Installation Of Blowers For The Utility Operations Department To Hartwell Environmental Corporation Of Tomball, Texas, In The Not-To-Exceed Amount Of $82,000.00. Funds Are Available In Utility Account No. 410- 1256-532.92-00 (23) P.R. No. 18553 — A Resolution Calling For A Public Hearing To Consider A Zoning Change From Light Commercial To Planned Development District — 33 For 1.800 Acres Of Land Consisting Of All Of Lots 2-6, Block 5 And Lots 1-5, Block 6, Gorman Place, (A.K.A. 2601 21st Street), City Of Port Arthur, Jefferson County, Texas 6 AGENDA SEPTEMBER 16, 2014 VIII. CONSENT AGENDA— CONTINUED (24) P.R. No. 18556 — A Resolution Authorizing An Increase In Blanket Purchase Order No. 173147 For Providing Additional Professional Services Related To The Construction Of A Concession Stand At County Park With Soutex Surveyors And Engineer By $2,829.00. Recreation Account No. 001-1402-551.54-00 (Need Draft) (25) P.R. No. 18558 — A Resolution Authorizing The Purchase Of Two (2) 2014 Ford F-150 Pick-Up Trucks From Silsbee Ford Of Silsbee, Texas, For The Code Enforcement Department, Environmental Health Division, In The Not-To-Exceed Amount Of $34,800.00 Funding Available In Code Enforcement Account Number 001-1401-551-93-00 (26) P.R. No. 18566 — A Resolution Authorizing An Increase In Blanket Purchase Order No. 175067 For Providing Additional Professional Services Related To The Construction Of A Concession Stand At Pioneer Park With Soutex Surveyors And Engineers By $4,009.00. Recreation Account No. 001-1402-551.54-00 (27) P.R. No. 18567 — A Resolution Ordering A Public Hearing For The Proposed Budget For The City Of Port Arthur And The City Of Port Arthur Section 4A Economic Development Corporation For The Fiscal Year 2014- 2015 (28) P.R. No. 18568 — A Resolution Authorizing An Increase In The Blanket Order For The Contract For The Services Of Gray CPA Consulting, PC As Caseware GASB Financial Implementers By $4,800.00 To Cover The Cost Of Training And Travel As Stated In The Original Contract. Funds Are Available In Account #001-1031-515.54-00 IX. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18527 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Finance Necessary Improvements Including Rough-In Build-Out Of The Second Floor And Additional Improvements For The Building Located At 501 Procter In An Amount Not-To-Exceed $390,386.00 ($234,791.50 PAEDC Fund, Account Number 120-1429-582.59-01 And The Remaining Balance To Be Paid By The Chase NMTC PAEDC Investment Fund) (2) P.R. No. 18551 — A Resolution Appointing An Alternate Member To The Construction Board Of Adjustments And Appeals 7 AGENDA SEPTEMBER 16, 2014 IX. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT CONTINUED (3) P.R. No. 18559 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Continue Billboard Advertisement In The Houston Market For An Additional Six (6) Four (4) Week Periods Using CBS Outdoor Billboard Of Houston, Texas Through Cornerstone Advertising & Design At A Cost Not-To-Exceed $13,232.00. EDC Account No. 120-1429-582.59-06 (4) P.R. No. 18560 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Continue The Billboard Advertisement In The Houston Market For Six (6) Additional Four (4) Week Periods Using Cornerstone Advertising & Design Of Beaumont, Texas For Agency Fees, Billboard Research, Preparation Of Contract And Monitoring Of The Billboard During Rental Period In An Amount Not-To- Exceed $2,329.80. EDC Account No. 120-1429-582.59-06 (5) P.R. No. 18565 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Advertise In The 2014 Winter Davos Issue Of European CEO Magazine In The Not-To-Exceed Amount Of $8,577.00. EDC Account No. 120-1429-582.59-06 B. Ordinances (1) P.O. No. 6402 — A Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The International Association Of Fire Fighters Local 397. Proposed Funding; Fire Department Budget Account No. 001-1121-522.11-00 (2) P.O. No. 6411 — 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. X. 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 September 17, 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 *************************************************** 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.