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Home My WebLink AboutPOST 10.28.14 REGULAR MEETING Post Agenda Report City Council Meeting City Hall Council Chamber City Of Port Arthur October 28, 2014 8:30 A.M. 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 October 14, 2014 Special Executive Meeting - APPROVED October 14, 2014 Regular Meeting - APPROVED October 22, 2014 Special Executive Meeting - APPROVED III. PETITIONS & COMMUNICATIONS A. Speakers (1) Hilton Kelley, Regarding Community Environmental Protection B. Presentations — None AGENDA OCTOBER 28, 2014 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARINGS — 9:00 A.M. (1) A 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 9:00 A.M., On Tuesday, October 28, 2014, To Discuss The Implementation Of Service Plans For The Extension Of Full Municipal Services To Areas In The City Of Port Arthur's Extraterritorial Jurisdiction That Are Being Considered For Annexation At Which Persons Interested In The Annexation Are Given The Opportunity To Be Heard 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. Motion: RW Second: DF Voting Yes: 7 Voting No: 0 W/O: RS & MA ADOPTED 2 AGENDA OCTOBER 28, 2014 VI. CONSENT AGENDA— CONTINUED A. Expense Report (1) Mayor Deloris Prince South East Texas Regional Planning Commission Meeting Beaumont, TX October 15, 2014 $27.87 PULLED Motion: WL Second: KF Voting Yes: 5 Voting No: 2 (WL &SM) W/O: RS & MA A. Resolutions — Consent (1) P.R. No. 18549 — A Resolution Authorizing The Second Year (1st Renewal) Of The Temporary Staffing Contract Between The City Of Port Arthur And Lofton Staffing Of Beaumont, Texas, And HT Staffing Of Port Arthur, Texas, Respectively, For The Purpose Of Providing Temporary Employees For The City Of Port Arthur For An Amount Not-To-Exceed $300,000.00. Funding Available In Various Departmental Accounts Resolution No. 14-510 (2) P.R. No. 18597 — A Resolution Awarding A Contract For The Improvements To Lincoln Park, Montrose Park And Lyon's Park To SETEX Construction Corp. Of Beaumont, Texas, In An Amount Not- To-Exceed $410,000.00. Funds Available In Account No. 120-1429- 582.59-05 ED 1304 And Parks Account No. 001-1207-531.39-00 Resolution No. 14-511 (3) P.R. No. 18606 — A Resolution Accepting The Street And Drainage System Improvements On Park Central Boulevard From Highway 365 Southward, Approximately 1,873 Feet, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas Resolution No. 14-512 3 AGENDA OCTOBER 28, 2014 VI. CONSENT AGENDA— CONTINUED (4) P.R. No. 18607 — A Resolution Authorizing The City Of Port Arthur To Enter Into An Agreement With The Workforce Solutions Southeast Texas Board Of Beaumont, Texas, To Provide Expenditures That The Workforce Solutions Southeast Texas Board Can Use As A Match For Additional Child Care Funds Through A Child Care Local Match Contribution Agreement Resolution No. 14-513 (5) P.R. No. 18619 — A Resolution Authorizing The Execution Of Non- Exclusive Contracts For Road Building Materials With Martin Marietta Materials Of Beaumont, Texas, Redwine Enterprises, Inc. Of Port Arthur, Texas, LD Construction Of Beaumont, Texas, Vulcan Materials Of Beaumont, Texas, APAC-Texas Of Beaumont, Texas, And Mid County Land Company, LTD. Of Nederland, Texas, For An Amount Not-To-Exceed $1,500,000.00. Funding Available In Various Departmental Accounts Resolution No. 14-514 (6) P.R. No. 18638 — A Resolution Authorizing The Second Year (1st Renewal) Of The Contract For Wastewater Laboratory Services (Bio-Monitoring Testing) For The Utility Operations Department With Huther & Associates, Inc., Of Denton, Texas, In The Not-To- Exceed Total Annual Amount Of $6,900.00. Funds Are Available In Utility Operations Account No. 410-1256-532.54-00 Resolution No. 14-515 (7) P.R. No. 18640 — A Resolution Authorizing The Purchase Of One (1) 2015 Chevrolet 1500 Silverado Pickup Police Vehicle From Caldwell County, Caldwell, Texas, Through Buyboard Cooperative Purchasing Program In The Not-To-Exceed Amount Of $26,023.00. Funding Available In Police Department Account No. 625-1801- 521.93-00 Resolution No. 14-516 4 AGENDA OCTOBER 28, 2014 VI. CONSENT AGENDA— CONTINUED (8) P.R. No. 18641 — A Resolution Authorizing The Purchase Of One (1) 2015 Ford Escape SUV Police Vehicle From Silsbee Ford Of Silsbee, Texas, For The Total Amount Not-To-Exceed $18,565.64. Funding For This Purchase Is Available In Police Account No. 625-1801- 521.93-00 Resolution No. 14-517 (9) P.R. No. 18643 — A Resolution Authorizing Payment Of An Invoice For $32,012.00, For FY 2015 Computer Services From The Houston Area Library Automated Network (HALAN). Funds Available In Library Account No. 001-1403-551.59-00 Resolution No. 14-518 (10) P.R. No. 18644 — A Resolution Appointing A Lay Representative And An Alternate Lay Representative To The Houston Area Library System Resolution No. 14-519 (11) P.R. No. 18645 — A Resolution Authorizing The Termination Of Contract With 3-B Lawn Care Of Port Arthur, Texas, For Grass Cutting Services Of Vacant And Developed Lots In An Area Of The City Designated As Area B-1 And Requesting Authorization To Rebid Resolution No. 14-520 (12) P.R. No. 18647 — A Resolution Authorizing The City Manager To Execute The First Year Of The Contract Between The City Of Port Arthur And Petroleum Traders Corporation Of Fort Wayne, Indiana, For Dyed, Off Road Diesel, In The Not-To-Exceed Amount Of $200,000.00 Per Year. Public Works Landfill Fuel And Lubrication Account No. 403-1274-533.24-00 Resolution No. 14-521 5 AGENDA OCTOBER 28, 2014 VI. CONSENT AGENDA— CONTINUED (13) P.R. No. 18648 — A Resolution Approving The Funding Of The City Of Port Arthur Parks Improvement Project Requests For Martin J. Holmes "Popeye" Park, Herman Park, Griffing Town Hall Park, And Rose Hill Park Resolution No. 14-522 (14) P.R. No. 18649 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Professional Service Agreement With Arceneaux Wilson & Cole LLC, To Represent PAEDC During The Bidding And Construction Of The Spreading Of Dirt In The Spur 93 Business Park Resolution No. 14-523 (15) P.R. No. 18650 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Modify The Current Lease Of A Xerox WorkCentre Multifunction Printer Through Texas Cooperative Purchasing Network (TCPN) For The Remaining 29 Months At An Additional Cost Of $23.70 Per Month Resolution No. 14-524 (16) P.R. No. 18651 — A Resolution Authorizing The City Manager To Execute Change Order No. 6 To The Contract Between The City Of Port Arthur, MK Constructors, Of Vidor, Texas, And GLO For The Gulf Storage Tank Project, Increasing The Contract Time By 34 Days, To A New Contract Time Of 494 Days. Project No. I21GST, Account No. 144-1201-532.85-00 Resolution No. 14-525 (17) P.R. No. 18652 — A Resolution Authorizing The City Manager To Execute A Contract Extension Between The City Of Port Arthur And Soutex Surveyors And Engineers To Provide The Engineering Services For Pleasure Island Parking Lot Improvements, And Expansion At The Administration Building And Marina, At No Additional Cost To The City Resolution No. 14-526 6 AGENDA OCTOBER 28, 2014 VI. CONSENT AGENDA— CONTINUED (18) P.R. No. 18653 — A Resolution Authorizing The Purchase Of Tactical Body Armor From G.T. Distributors, Of Austin, Texas, Through Buyboard Cooperative Purchasing Program, In The Not-To-Exceed Amount Of $40,339.95. Funding Available In Police Account No. 001-1101-521.92.00 Resolution No. 14-527 (19) P.R. No. 18654 — A Resolution Authorizing The City Manager To Negotiate A Contract Between The City Of Port Arthur And First Southwest Of Houston, Texas, For The Financial Advisory Services Of The Main Wastewater Treatment Plant And Waterline Projects Approved By The Texas Water Development Board Resolution No. 14-528 (20) P.R. No. 18655 — A Resolution Authorizing The City Manager To Negotiate A Contract Between The City Of Port Arthur And Andrews Kurth LLP Of Houston, Texas, For The Bond Counsel Services Of The Main Wastewater Treatment Plant And Waterline Projects Approved By The Texas Water Development Board Resolution No. 14-529 (21) P.R. No. 18656 — A Resolution To Approve The FY 2014-2015 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Division, In The Not-To-Exceed Amount Of $632,054.00 Resolution No. 14-530 (22) P.R. No. 18658 — A Resolution Authorizing The City Manager To Execute An Agreement With SCS Engineers Of Bedford, Texas, For Calendar Year 2015 Air Compliance Services, For An Amount Not- To-Exceed $27,000.00. Funds Are Available In Public Works, Landfill Account No. 403-1274-533.54-00 Resolution No. 14-531 AGENDA OCTOBER 28, 2014 VI. CONSENT AGENDA— CONTINUED (23) P.R. No. 18659 — A Resolution Authorizing The City Manager To Execute An Agreement With SCS Engineers Of Bedford, Texas, For Aerial Mapping Services And Development Of Interim Waste Grades, For An Amount Not-To-Exceed $15,400.00. Funds Are Available In Public Works, Landfill Account Number 403-1274- 533.54-00 Resolution No. 14-532 (24) P.R. No. 18660 — A Resolution Authorizing The City Manager To Execute An Agreement With SCS Engineers Of Bedford, Texas, For Landfill Volume Analysis And TCEQ Annual Report Completion, For An Amount Not-To-Exceed $4,500.00. Funds Are Available In Public Works, Landfill Account No. 403-1274-533.54-00 Resolution No. 14-533 (25) P.R. No. 18661 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Excavators & Constructors, LTD., Of Port Arthur, Texas, For The Construction Of Street Paving And Drainage Improvements Along 5th Street, Increasing The Time Of The Contract Amount By Four (4) Calendar Days. To A New Term Of 274 Calendar Days, At No Additional Cost. Resolution No. 14-534 (26) P.R. No. 18662 — A Resolution Authorizing The Fire Department To Purchase Two Defibrillator/Monitors From Zoll Medical Corporation Of Chelmsford, Massachusetts, In The Total Not-To-Exceed Amount Of $52,105.81. Funding Available In Fire Department Account No. 001-1121-522.92-00 Resolution No. 14-535 8 AGENDA OCTOBER 28, 2014 VI. CONSENT AGENDA— CONTINUED (27) P.R. No. 18663 — A Resolution Authorizing The City Manager To Enter Into A One (1) Year Service Agreement Between The City Of Port Arthur And Alfa Wasserman Of West Caldwell, New Jersey, For Maintenance Of The Alero Chemistry Analyzer In The Health Department's Lab, In The Not-To-Exceed Amount Of $7,350.00. Funding Available In Health Department Account No. 001-1301- 541.42 Resolution No. 14-536 (28) P.R. No. 18664 — A Resolution Authorizing The Purchase Of One (1) Single Operator Trash Truck From Houston Freightliner, Western Star, Of Houston, Texas, Through H-GAC Cooperative Purchasing Program, In The Not-To-Exceed Amount Of $140,818.00. Funding Available In Public Works - Equipment Replacement Account No. 625-1801-533.93-00 Resolution No. 14-537 (29) P.R. No. 18665 — A Resolution Rescinding In Its Entirety Resolution No. 14-038, And Authorizing The City Manager To Enter Into A Contract For Mowing Various City Properties, Parks And Right-Of- Ways In The City Designated As Group 6 With M. S. Service Of Port Arthur, Texas, In An Amount Not-To-Exceed $2,490.00; Funding Available In Parks Account No. 001-1207-531.31-00 Resolution No. 14-538 (30) P.R. No. 18668 — A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association, Which Manages And Operates A Convention/Visitors Bureau, In Order To Provide Funding Of $525,000.00 For The 2014-2015 Fiscal Year; Funding Available From Hotel/Motel Occupancy Tax In Account Number 140-1405- 551.59-00, M97912 Resolution No. 14-539 9 AGENDA OCTOBER 28, 2014 VI. CONSENT AGENDA— CONTINUED (31) P.R No. 18669 - A Resolution Authorizing The City Manager To Execute A Leasing Schedule And Related Documents To A Master Lease Purchase Agreement To Fund The Financing Of The Performance Contracting Agreement Between The City Of Port Arthur And Siemens Industry, Inc., Building Technologies Division, To Improve The Water System Infrastructure, Which Includes A City-Wide Retrofit To Fixed Based System, Automatic Meter Reading System Upgrade, Replacing Leaking Fire Hydrants, And Large Water Meters, In The Not-To-Exceed Amount Of $8,021,021.00; Which Will Be Funded By The Master Lease Purchase Agreement With Siemens Public, Inc. Resolution No. 14-540 (32) P.R. No. 18671 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And Excavators And Constructors, LTD., Of Port Arthur, Texas, Increasing The Contract Amount For The 14th Street Paving And Drainage Improvements By $59,654.90 To A New Contract Amount Of $1,853,783.30, Project No. I2114T, Account No. 144- 1201-532.59-00 Resolution No. 14-541 (33) P.R. No. 18672 — A Resolution Authorizing The City Manager To Execute The First Year Of The Contracts With J. M. Kaufman And Redwine Enterprises, Of Port Arthur, Texas, And Mid county Materials & Construction Of Nederland, Texas, For The Hauling Of Materials, With The Option Of Renewal For Two Additional One- Year Periods, With Prices Being Adjusted According To The Transportation Consumer Price Index. In The Not-To-Exceed Amount Of $950,000.00 Per Year. Funding Available In Various City Departmental Accounts Resolution No. 14-542 10 AGENDA OCTOBER 28, 2014 VI. CONSENT AGENDA — CONTINUED (34) P.R. No. 18673 - A Resolution Approving An Increase In The Existing Blanket Purchase Order No. 177836 By $20,000.00 For Gayle W. Botley, CPA, As Independent Auditor For The City Of Port Arthur; Funds Available In Account No. 001-1031-515.54-00 Resolution No. 14-543 (35) P.R. No. 18674 — A Resolution Approving An Interlocal Agreement With The Local Stakeholders Of The Southeast Texas Regional Radio System (SETRRS) To Improve SETRRS Interoperability Resolution No. 14-544 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18555 — A Resolution Authorizing The City Manager To Enter Into A Municipal Water Supply Contract With The Lower Neches Valley Authority Motion: RW Second: TH Voting Yes: 7 Voting No: 0 W/O: RS & MA ADOPTED Resolution No. 14-545 (2) P.R. No. 18576 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Commercial Real Estate Listing Agreement With Pat Holmes Real Estate For The Property Located At 4173 39th Street Motion: KF Second: TH Voting Yes: 3 Voting No: 3 (MP, SM & RW) W/O: RS & MA FAILED 11 AGENDA OCTOBER 28, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.R. No. 18614 — A Resolution Authorizing The Extension Of The Contract With Strategic Government Resources Search Firm As It Pertains To The City Manager Position Motion: RW Second: TH Voting Yes: 6 Voting No: 1 (WL) W/O: RS & MA ADOPTED Resolution No. 14-546 (4) P.R. No. 18646 — A Resolution On Communication Protocol And Procedures With Veolia (Requested By Councilmembers Mosely And Lewis) Motion: SM Second: TH Motion to Table: RW Second: WL Voting Yes: 5 Voting No: 2 (SM & WL) W/O: RS & MA TABLED (5) P.R. No. 18657 — A Resolution Appointing A Representative To The South East Texas Regional Planning Commission Executive Committee (Requested By Mayor Prince) Motion: RW Second: DF Voting Yes: 7 Voting No: 0 W/O: RS & MA ADOPTED Resolution No. 14-547 (6) P.R. No. 18666 — A Resolution Pertaining To The Interview Process For City Manager Candidates (Requested By Councilmember Lewis) Motion: DF Second: WL Motion to Remove: RW Second: WL Voting Yes: 5 Voting No: 2 (SM & WL) W/O: RS & MA REMOVED 12 AGENDA OCTOBER 28, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances (1) P.O. No. 6417 - An Ordinance Amending Chapter 110 (Utilities), Article II (Water), Division 2 (Connections), Section 110-67 (Meters To Be Unobstructed; Deduction For Fire Service), Adding Section 110-71 (Penalties) To The Code Of Ordinances Of The City Of Port Arthur, As It Pertains To Access To Water Meters, And Providing For Publication And A Penalty Thereof Motion: DF Second: RW Voting Yes: 7 Voting No: 0 W/O: RS & MA ADOPTED Ordinance No. 14-44 (2) P.O. No. 6418 — An Ordinance By The City Of Port Arthur, Texas, ("City") Denying The Distribution Cost Recovery Factor Rate Increase Request Of Entergy Texas, Inc., Filed On September 18, 2014; Setting Just And Reasonable Rates For Entergy Texas, Inc., For Service Within The Municipal Limits; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings Motion: RW Second: DF Voting Yes: 7 Voting No: 0 W/O: RS & MA ADOPTED Ordinance No. 14-45 (3) P.O. No. 6419 — An Ordinance Amending Chapter 94 (Streets, Sidewalks And Other Places), Division 2 (Permit), Section 94-251 (Required; Definition; Supervision), And Chapter 98 (Subdivisions), Article IV (Required Improvements), Section 98-252 (Streets, Alleys And Sidewalks) Of The Code Of Ordinance Of The City Of Port Arthur, And Providing For Publication Motion: DF Second: RW Voting Yes: 7 Voting No: 0 W/O: RS & MA ADOPTED Ordinance No. 14-46 13 AGENDA OCTOBER 28, 2014 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: *The Items In Executive Session May Be Discussed And Acted Upon In Open Session (1) Section 551.071 Government Code — To Discuss With The City Attorney Compliance With The Settlement Agreement Related To Barbara Hines-Tegtmeier, Bob Tegtmeier, And ADAPT Vs. The City Of Port Arthur (2) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements (3) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (Triangle Care Hospice) (4) Section 551.072 Government Code — To Discuss The Value Of The Land on Pleasure Island 14 AGENDA OCTOBER 28, 2014 IX. 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 29, 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 ************************************************************ II 15