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HomeMy WebLinkAboutOCTOBER 14, 2014 REGULAR MEETING N r: DELORIS"BOBBIE"PRINCE,MAYOR e,. u JOHN A.COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM City of --' :. r'^ =' INTERIM CITY MANAGER COUNCIL MEMBERS: 40/ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. C ..�o"" CITY SECRETARY TIFFANY L.HAMILTON o r t r t h l[ MORRIS ALBRIGHT Texas VAL TIZENO STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK AG E N DA City Council Regular Meeting October 14, 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) 983-8115. City Council Meeting City Hall Council Chamber City Of Port Arthur October 14, 2014 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem 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 September 29, 2014 Regular Meeting October 6, 2014 Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Pam Vincent, Regarding The Texas Military Honor Team, First Annual Mystery Dinner Theater (2) Kim Beauman, Regarding Becthel And Hiring Practices AGENDA OCTOBER 14, 2014 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) Richard Daley, Regarding Concerns On Misleading The Public (4) Wanda Jules, Regarding South East Texas Regional Planning Commission — Grants For House Rentals (5) Carolyn Ann Alexander, Regarding Tier Three (3) Funding For Hurricane Ike Housing Homeowner B. Presentations — None C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARING — 6:00 P.M. (1) To Consider A Proposed Zoning Change From Light Commercial "LC" To Planned Development District — 33 "PD-33". Legal Description: 1.800 Acres Of Land Consisting Of All Of Lots 2-6, Block 5 And Lots 1-5, Block 6, Gorman Place In Port Arthur, Jefferson County, Texas. Location: 2601 21st Street, Port Arthur, Jefferson County, Texas 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. 2 AGENDA OCTOBER 14, 2014 VI. CONSENT AGENDA - CONTINUED A. Expense Report (1) Mayor Deloris Prince South East Texas Regional Planning Commission Meeting Beaumont, TX September 17, 2014 $27.87 TML 2014 Annual Conference & Exhibition Houston, TX September 29 — October 4, 2014 $1,362.48 (2) Mayor Pro Tem Derrick Freeman TML 2014 Annual Conference & Exhibition Houston, TX September 30 — October 3, 2014 $1,977.88 (3) Councilmember Raymond Scott, Jr. TML 2014 Annual Conference & Exhibition Houston, TX September 30 — October 3, 2014 $1,623.04 (4) Councilmember Tiffany Hamilton Newly Elected Officials Orientation Irving, TX August 14 — 16, 2014 $919.20 TML 2014 Annual Conference & Exhibition Houston, TX September 30 — October 4, 2014 $1,774.28 (5) Councilmember Morris Albright, III TML 2014 Annual Conference & Exhibition Houston, TX September 30 — October 3, 2014 $815.00 (6) Councilmember Stephen Mosely TML 2014 Annual Conference & Exhibition Houston, TX September 30 — October 3, 2014 $1,300.02 3 AGENDA OCTOBER 14, 2014 VI. CONSENT AGENDA - CONTINUED (7) Councilmember Robert Williamson TML 2014 Annual Conference & Exhibition Houston, TX September 30 — October 3, 2014 $1,977.88 (8) City Manager John Comeaux TML 2014 Annual Conference & Exhibition Houston, TX October 1 — October 3, 2014 $1,551.34 (9) City Attorney Valecia Tizeno TML 2014 Annual Conference & Exhibition Houston, TX October 1 — 3, 2014 $1,230.56 B. Resolutions (1) P.R. No. 18409 — A Resolution Amending Resolution No. 13-227, As It Pertains To Policies And Procedures For The City Of Port Arthur Transit Department As It Relates To The Health And Safety Of The Citizens Of Port Arthur (2) P.R. No. 18596 — A Resolution Authorizing The Fire Chief And Police Chief To Accept The 2014 Port Security Grant (3) P.R. No. 18609 — A Resolution Authorizing The City Manager To Execute A One Year Agreement With Braeko, Inc., Of Port Neches, Texas, For Maintenance To The Gate Mechanism At The Operations Center, In An Amount Not-To-Exceed $1,800.00. Funds Are Available In Public Works Administration Account No. 001-1201- 531.32-00 (4) P. R. 18610 — A Resolution Authorizing The Amendment To Blanket Purchase Order No. 179347 For Providing And Hauling Of Soils For The Public Works Department Landfill Division With Redwine Enterprises, Inc., To An Amount Not-To-Exceed $950,000.00. Funds Are Available In Landfill Account No. 403-1274-533.59-02 4 AGENDA OCTOBER 14, 2014 VI. CONSENT AGENDA - CONTINUED (5) P.R. No. 18612 — A Resolution Authorizing The Purchase Of Ten (10) Odyssey Electronic Validating Farebox, Revenue And Data Collection Systems From Genfare, A Division Of SPX Corporation, Of Elk Grove Village, Illinois, In The Not-To-Exceed Amount Of $182,266.00. Funding Available In Transit Account No. 401-1509- 561.92-00, Project No. TX-90-2014 (6) P.R. No. 18615 — A Resolution Authorizing A One (1) Year Contract Between The City Of Port Arthur And Diamond Shine Service Of Port Arthur, Texas, For Janitorial Services At The Transit Service Center And Transit Terminal, In The Not-To-Exceed Amount Of $16,260,00. The Transit Operating Grant Account Number For This Service Is 401-1501-561.59-00 (7) P.R. No. 18617 — A Resolution Authorizing The Execution Of A Contract With Rural Pipe & Supply Of Jasper, Texas, For The Purchase Of Badger Meters For The Utility Operations Department, In The Not-To-Exceed Amount Of $190,000.00. Funds Are Available In Utility Operations Account Nos. 410-1253-532.35-00 & 414-1621-532.85-00 (8) P.R. No. 18618 — A Resolution Authorizing The City Manager To Execute A One (1) Year Extended Warranty And Preventive Maintenance Contract For Defibrillators With Zoll Medical Corporation Of Chelmsford, Massachusetts, For The Port Arthur Fire Department, In An Amount Not-To-Exceed $13,244.50. Funding Available In Fire Department Account No. 001-1121-522.42-00 (9) P. R. No. 18620 — A Resolution Extending The Community Development Block Grant Contract Performance Period Of Tender Loving Care Center For Children, D/B/A Legacy Community Development Corporation, From October 14, 2014, To December 31, 2014 i 5 AGENDA OCTOBER 14, 2014 VI. CONSENT AGENDA - CONTINUED (10) P.R. No. 18621 — A Resolution Authorizing A One (1) Year Renewal Of The Contract Between The City Of Port Arthur And Leads Online Of Dallas, Texas, A Web Based System Designed To Assist Law Enforcement In Solving Crimes, In The Not-To-Exceed Amount Of $6,688.00. Funds Available In Police Account No. 001-1101-521.54- 00 (11) P.R. No. 18622 — A Resolution Approving A Contract Between The City Of Port Arthur And The Texas Artist Museum (TAMS) For The Purpose Of Funding The Museum Located At 3501 Cultural Center Drive For The 2014-2015 Fiscal Year, In The Not-To-Exceed Amount Of $8,000.00. Hotel Occupancy Tax Fund Budget Account No. 140-1405-551.59-00, M10101 (12) P.R. No. 18623 — A Resolution Approving A Contract Between The City Of Port Arthur And Southeast Texas Arts Council (SETAC) For The Purpose Of Funding SETAC For The 2014-2015 Fiscal Year, In The Not-To-Exceed Amount Of $45,000.00. Hotel Occupancy Tax Account No. 140-1405-551.59-00, M97901 (13) P.R. No. 18624 — A Resolution Authorizing The Execution Of An Agreement To Share Operating Expenses Of Rose Hill Manor Between The City Of Port Arthur And The Federated Women's Club Of Port Arthur For The 2014-2015 Fiscal Year, In An Amount Not- To-Exceed $12,000.00. Hotel Occupancy Fund Account No. 140- 1405-551.59-00, M97908, And General Fund Recreation Division 001-1402-551.14-00 (14) P.R. No. 18625 — A Resolution Approving A Contract Between The City Of Port Arthur, Lamar State College-Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2014-2015 Fiscal Year, In The Not-To- Exceed Amount Of $166,336.00. Hotel Occupancy Tax Account No. 140-1405-551.59-00, M97904 6 AGENDA OCTOBER 14, 2014 VI. CONSENT AGENDA - CONTINUED (15) P.R. No. 18626 — A Resolution Approving A Contract Between The City Of Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding Of The Pompeiian Villa For The 2014-2015 Fiscal Year, In The Not-To-Exceed Amount Of $19,800.00. Hotel Occupancy Account No. 140-1405-551.59-00, M97909 (16) P.R. No. 18627 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (17) P.R. No. 18628 — A Resolution Authorizing The City Manager To Execute An Agreement With 3-Quad Planning Group Of Addison, Texas, For The Development Of A 5-Year Consolidated Plan, Including A First Year Annual Action Plan And An Analysis Of Impediments To Fair Housing Choice Report For The Not-To- Exceed Amount Of $43,550.00. Community Development Block Grants Account No. 105-1431-552.54-00 Project Number C40122 (18) P.R. No. 18629 — A Resolution Approving The FY 2014-2015 Contract Between The City Of Port Arthur And The Department Of State Health Services Primary Health Care Program In An Amount Not-To-Exceed $70,000.00 (19) P.R. No. 18630 — A Resolution Approving The FY 2014-2015 Contract Between The City Of Port Arthur And The Department Of State Health Services For Title V Child Health Fee For Services, In The Amount Of $2,500.00 (20) P.R. No. 18634 — A Resolution Authorizing The Purchase Of A Pro- Patch Pothole Patcher From Southwest International Trucks, Inc., Of Arlington, Texas, Through Buyboard In The Amount Of 151,887.77. Public Works Streets Equipment Replacement Account No. 625-1801-531.92-03 (21) P.R. No. 18636 — A Resolution Authorizing The Emergency Expenditure For The Removal Of Vegetation From The Montrose Retention Pond From Mcllvain Enterprises, Inc., Of Winnie, Texas, In The Not-To-Exceed Amount Of $54,285.00. Public Work's Capital Improvement Account No. 301-1601-591.84-00, Project No. GO-805 / AGENDA OCTOBER 14, 2014 VI. CONSENT AGENDA — CONTINUED (22) P.R. No. 18637 — A Resolution Authorizing The City Manager To Complete The Application Process For The City Of Port Arthur To Be Designated As A Housing And Urban Development (HUD) Promise Zone For The Purpose Of Partnering With The Federal Government To Create Jobs, Leverage Private Investment, Increase Economic Activity, Expand Educational Activities, And Reduce Crime VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18575 — A Resolution Requesting That Service Plans Be Prepared For Industrial District Areas And For Areas As It Pertains To The Points Of Delivery Of Electricity By Entergy To Industrial Customers (2) P.R. No. 18592 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With GT Logistics LLC And Golden Triangle Properties • (3) P.R. No. 18603 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Mosely) (4) P.R. No. 18605 — A Resolution In Support Of Compliance With Robert's Rules Of Order (Requested By Councilmember Scott) (5) P.R. No. 18613 — A Resolution Authorizing The City Manager To Negotiate A Contract Between The City Of Port Arthur And Freese And Nichols, Inc., Of Houston, Texas, For The Design Of The Main Wastewater Treatment Plant Project Approved By The Texas Water Development Board (6) P.R. No. 18633 - A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Scott And Lewis) 8 AGENDA OCTOBER 14, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT CONTINUED (7) P. R. No. 18635 - A Resolution Supporting A Cancer Awareness Walk To Be Held In Port Arthur, Texas (Requested By Mayor Prince) B. Ordinances — None 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 October 15, 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, A All In Accordance With The Open Meetings Law *************************************************** 9 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.