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HomeMy WebLinkAboutNOVEMBER 11, 2014 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR E„ry■ JOHN A.COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM City of `r, INTERIM CITY MANAGER �,COUNCIL MEMBERS: \ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON O r t r t h u r 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 November 11, 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. P.O BOX 1089• PORT ARTHUR,TEXAS 77641-1089 •409/983-8115 -FAX 409/983-8128 • www.portarthur.net City Council Meeting City Hall Council Chamber City Of Port Arthur November 11, 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) Cuevas Peacock, Regarding Body Cameras On All Port Arthur Police Department Police Officers AGENDA November 11, 2014 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Presentation By The City Of Port Arthur Section 4A Economic Development Corporation Regarding Marketing Component, As Well As The International Economic Development Council Silver Award Recognition In Forth Worth, Texas, On October 20, 2014 (2) Presentation By Housing Director Celle Quesada Regarding The City's Position And Responsibilities As It Pertains To Carver Terrace Demolition (Requested by Councilmembers Mosely And Lewis) (3) Presentation Of Section 4A Economic Development Corporation Marketing Program By Ralloda McClain-Lee 1 C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARING — 6:00 P.M. (1) A PUBLIC HEARING OF THE CITY COUNCIL OF PORT ARTHUR, TEXAS AT WHICH PERSONS INTERESTED IN THE ANNEXATION ARE GIVEN THE OPPORTUNITY TO BE HEARD PURSUANT TO SECTION 43.063 OF THE TEXAS LOCAL GOVERNMENT CODE. THE PUBLIC HEARING WILL BE HELD IN THE CITY COUNCIL CHAMBERS, CITY HALL, FIFTH FLOOR, 444 4TH STREET AT 6:00 O'CLOCK P.M., ON TUESDAY, NOVEMBER 11, 2014, TO DISCUSS AND REVIEW PLANS FOR THE PROPOSED ANNEXATION OF THE PROPERTIES OF THE PREMCOR REFINING GROUP, INC. (d/b/a VALERO PORT ARTHUR REFINERY) AND GT LOGISTICS, LLC AND GOLDEN TRIANGLE PROPERTIES. THE CITY OF PORT ARTHUR DESIRES TO ANNEX THE PROPERTIES DESCRIBED ABOVE THAT ARE LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY AS WELL AS THE NECESSARY ADJACENT LAND TO CONNECT THERETO SO THAT THE ANNEXED PROPERTY WILL BE CONTIGUOUS TO THE EXISTING CORPORATE LIMITS AND AT LEAST 1000' IN WIDTH AS DELINEATED IN THE MAP AND LEGAL DESCRIPTIONS. AGENDA November 11, 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. 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. Resolutions (1) P.R. No. 18495 — A Resolution Authorizing The Release Of The Full Retainage In The Amount Of $4,300.00 To Texcavation Co., Of Fresno, Texas, For The Completion Of The Construction And Installation Of Nine (9) Bus Shelter Slabs And Ramps. Funds Available In Transit Account No. 401-1509-561.89-00, Grant TX-90- 2014 (2) P.R. No. 18631 — A Resolution Authorizing The City Manager To Execute A Loan Agreement Between The City Of Port Arthur And McAlvin Jones, Jr., For Participation In The City Of Port Arthur's Owner Occupied Housing Assistance Rehabilitation And Reconstruction Program (3) P.R. No. 18632 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Pay For Sidewalk Modifications And Utility Tunnel Closure At 501 Procter To Arceneaux Wilson & Cole LLC, In The Not-To-Exceed Amount Of $1,711.60. Funding Available In PAEDC Account No. 120-1429- 582.59-05 (4) P.R. No. 18639 — A Resolution Authorizing The City Manager To Accept The Real Property Donation From McAlvin Jones, Jr., Located At 220 14th Street AGENDA November 11, 2014 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 18667 — A Resolution Authorizing The Amendment Of The Neighborhood Stabilization Program 1 (NSP 1) Land Bank Re-Use Plan (6) P.R. No. 18675 — A Resolution Authorizing An Amendment To The Blanket Purchase Order For The Fire Department For Certain Uniform Items From Rad Graphics Of Nederland, Texas, Increasing It By $270.00, To An Amount Not-To-Exceed $6,500.00. Funding From Fire Department Account No. 001-1121.522.26-00 (7) P.R. No. 18676 — A Resolution Authorizing An Amendment To The Blanket Purchase Order For The Fire Department For Certain Uniform Items From GT Distributors Of Austin, Texas, Increasing It By $1,000.00, To An Amount Not-To-Exceed $32,574.00. Funding From Fire Department Account No. 001-1121-522.26-00 (8) P.R. No. 18680 — A Resolution Authorizing The City Manager To Execute Change Order No. 6 Between The City Of Port Arthur And Allco, LLC, For The 24" Waterline From 19th Street To The Sabine Neches Canal, In An Amount Not To Exceed $52,659.00, Increasing The Contract Amount To $3,251,297.00, And A Time Extension Of Eight (8) Days, Increasing The Contract Time To 391 Days. Utility Operations Account No. 429-1258-532.59-00, Project No. WSI003 (9) P.R. No. 18681 — A Resolution Authorizing The City Manager To Execute Change Order No. 4 To The Contract Between The City Of Port Arthur And Allco LLC Of Beaumont, Texas, For The Highway 87 Water System Improvements From Keith Lake To Sabine Pass Standpipe Increasing The Contract Time By 7 Days, To A New Contract Time Of 287 Days. Project No. WSI002, Account No. 429- 1258-532.59-00 (10) P.R. No. 18682 — A Resolution Authorizing The Director Of Utility Operations To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals, In An Amount Not-To-Exceed $1,375,000.00. Funding Available In Utility Operations Account Nos. 410-1252-532.29-02 & 410-1256-532.29.00 4 AGENDA November 11, 2014 VI. CONSENT AGENDA — CONTINUED (11) P. R. 18683 — A Resolution Authorizing The City Manager To Execute Change Order No. 7 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 30 Days, To A New Contract Time Of 524 Days. Project No. I21GST, Account No. 144-1201-532.85-00 (12) P.R. No. 18684 — A Resolution Approving Payment In The Not-To- Exceed Amount Of $85,911.00, For The TCEQ Annual Consolidated Water Quality Assessment Fees For All Three (3) Wastewater Treatment Facilities In The City Of Port Arthur. Utility Operations Department-Wastewater Treatment Division Account No. 410-1256- 532.59-01 (13) P. R. No. 18686 — A Resolution Granting Consent To The Assignment Of Lease And Sale Between Jerry Oltremari And Carl Parker, D/B/A Cajun Cabins, LTD., On Pleasure Island, And Monica Momin (14) P. R. No. 18687 — A Resolution Granting Consent To The Assignment Of Lease And Sale Between Jerry Oltremari And Patty Oltremari, D/B/A Jep's Island Emporium, On Pleasure Island, And Monica Momin, Which Includes Authorization For The Renewal Of A Five Year Lease With An Option To Renew For Additional Five Year Period (15) P.R. No. 18689 — A Resolution Accepting A Water Utilities Easement From The Port Of Port Arthur Navigation District For JBS Packing, Inc., Of Port Arthur, Texas, For The Construction, Installation, Laying And Maintaining Of Water Utilities On Their Property At 100 West Lakeshore Drive, Port Arthur, Texas (16) P.R. No. 18690 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts 5 N AGENDA November 11, 2014 VI. CONSENT AGENDA - CONTINUED (17) P.R. No. 18691 — A Resolution Authorizing The City Manager To Enter Into A Contract With Soutex Surveyors And Engineers Of Port Arthur, Texas, For Professional Surveying Services For Parks Throughout The Corporate Limits Of The City Of Port Arthur, In An Amount Not-To-Exceed $50,000.00. Funding Available In Planning And Development Account 001-1053-517.99-00 (18) P.R. No. 18692 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Letter Of Agreement With Lamar University, For The Taping Of Governmental Meetings, In The Not-To-Exceed Amount Of $4,295.00. Funding Available In EDC Account No. 120-1429- 582.61-03 (19) P.R. No. 18693 — A Resolution Authorizing The City Manager To Execute Change Order No. 4 To The Contract Between The City Of Port Arthur And Excavators And Constructors, LTD, Of Port Arthur, Texas, Decreasing The Contract Amount By $16,963.70, To A New Contract Amount Of $1,836,819.60. GLO Project No. I2114T, Account No. 144-1201-532.59-00 (20) P.R. No. 18694 — A Resolution Authorizing The City Manager To Enter Into A Letter Agreement In The Not-To-Exceed Amount Of $15,740.00; With Lamar University Of Beaumont, Texas, For The Taping Of Governmental Meetings. Account 001-1003-512.59-00, M98903 (21) P.R. No. 18695 — A Resolution Authorizing The City Manager To Enter Into A Contact With Ikon Environmental Solutions Of Houston, Texas, For Repairs To The Ditches Along Foley And 53rd Streets, In The Not-To-Exceed Amount Of $47,050.00, Capital Improvement Project Account No. 301-1601-591.84-00, Project No. GO-805 (22) P.R. No. 18696 — A Resolution Awarding The Bid And Authorizing The Execution Of A Contact For Project 4 Phase 1 Surface Water Treatment Plant With Allco LLC Of Beaumont, Texas, Not-To- Exceed $12,373,311.00. Account No. 429-1258-532.59-00, Project No. WSI008 6 AGENDA November 11, 2014 VI. CONSENT AGENDA - CONTINUED (23) P.R. No. 18698 — A Resolution Authorizing The City Manager To Accept The Real Property Donation From Albert Johnson, Located At 743 Booker Washington (24) P.R. No. 18700 — A Resolution Authorizing The Purchase Of Attachments From Bobcat Of Houston, Texas, Through BuyBoard, In The Not-To-Exceed Amount Of $61,748.98. Public Works Streets Equipment Replacement Account No. 625-1801-531.92-03 (25) P.R. No. 18701 — A Resolution Approving The Termination Of A Contract With Vets Securing America For Security Guard Services At The Spur 93 Business Park (26) P.R. No. 18702 — A Resolution Approving A Memorandum Of Understanding Between The Southeast Texas Workforce Development Board And The City Of Port Arthur Section 4A Economic Development Corporation To Create An Occupational Job Training Program To Improve The Skill Sets Of Individuals For Jobs In High-Demand Occupation (27) P.R. No. 18704 — A Resolution Authorizing An Increase In The Existing Blanket Order By $12,500.00 For K & D Affordable Lawn Care Of Port Arthur, Texas, For Grass Cutting Services Of Privately- Owned And City-Owned Vacant And Developed Lots, In An Area Of The City Designated As Area A-1. Funding Available In Environmental Health Account No. 001-1304-541.59-00 (28) P.R. No. 18705 — A Resolution Authorizing An Increase In The Existing Blanket Order By $12,500.00 For S-Mo Unlimited Of Port Arthur, Texas, For Grass Cutting Services Of Privately-Owned And City-Owned Vacant And Developed Lots, In An Area Of The City Designated As Area B-2. Funding Available In Environmental Health Account No. 001-1304-541.59-00 7 AGENDA November 11, 2014 VI. CONSENT AGENDA - CONTINUED (29) P.R. No. 18706 — A Resolution Authorizing An Increase In The Existing Blanket Order By $12,500.00; For Turf Pros 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 C-1. Funding Available In Environmental Health Account No. 001-1304-541.59-00 (30) P.R. No. 18707 — A Resolution Authorizing The City Manager To Enter Into A Contract With RDI Mechanical Company Of Houston, Texas, For Annual A/C System Maintenance, In An Amount Not-To- Exceed $11,613.57. Funds Are Budgeted In Police Department Account No. 001-1101-521.32-00 (31) P.R. No. 18709 — A Resolution Authorizing The Purchase Of Twelve (12) Chevrolet Tahoe Police Vehicles From Caldwell Country Chevrolet Of Caldwell, Texas, Through BuyBoard Cooperative Purchasing Program, In The Not-To-Exceed Amount Of $535,984.00. Funding Available In Police Department Account No. 625-1801-521.93-00 (32) P.R. No. 18710 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Temporary Security Guard Agreement With Allied Barton Security Services LLC, Of Conshohocken, Pennsylvania, Until A New Request For Proposal Process For Security Services Is Completed, In The Not-To-Exceed Amount Of $30,000.00. Funds Available In Account No. 120-1429-582.59-02 (33) P.R. No. 18711 — A Resolution Approving A Professional Service Agreement With Back Country Consulting LLC, Of Clear Lake Shores, Texas, To Perform Hurricane Ike Closeout Procedures For An Amount Not-To-Exceed $15,000.00. Funds Available In Finance Account No. 001-1031-515.54-00 (34) P.R. No. 18713 — A Resolution Approving Increasing The Amount Of Funds Allocated To The Lifeskills Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Jireh World Church/Outreach Ministries, Inc., By $43,281.100 8 AGENDA November 11, 2014 VI. CONSENT AGENDA - CONTINUED (35) P.R. No. 18714 — A Resolution Authorizing The Second Year (First Renewal) For The Contract Between The City Of Port Arthur And CMM Construction Co., Inc., Of Beaumont, Texas, For Placement Of Hot-Mix Asphaltic Concrete For The Not-To-Exceed Amount Of $250,000.00. Funds Available In Public Works Streets Division Account Nos. 001-1203-531.36-00 (Streets Maintenance), 001- 1203-531.51-00 (Rent), 001-1203-531.86-00 (Streets Program) And CDBG Street Project Account (36) P.R. No. 18717 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With GT Logistics LLC And Golden Triangle Properties VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18697 — A Resolution Authorizing The City Manager To Prepare A Request For Proposals In Order To Engage A Firm To Conduct A Forensic Audit (Requested By Councilmembers Lewis And Mosely) (2) P.R. No. 18699 — A Resolution Requiring Enforcement Of Council Appointee Evaluations That Are Scheduled To Be Held In The Month Of March Each Year (Requested By Councilmembers Lewis And Mosely) B. Ordinances (1) P.O. No. 6420 — An Ordinance Authorizing The Execution Of A Special Warranty Deed To Laurence F. Valle As It Pertains To The Property Located At Pleasure Pier Sea Cabins, Building A, Phase I (2) P. 0. No. 6423 — An Ordinance Rescinding Ordinance No. 13-29 In Its Entirety, As It Pertains To Section 78-269 (Travel) Of The Code Of Ordinances Of The City Of Port Arthur (Requested By Councilmember Lewis) 9 AGENDA November 11, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT CONTINUED (3) P.O. No. 6424 — An Ordinance Granting To Texas Gas Service Company The Right, Privilege And Franchise To Use Streets, Alleys, Thoroughfares And Other Public Ways To Operate And Maintain A Natural Gas Distribution System In The City Of Port Arthur, Jefferson County, Texas; Providing Regulations For The Conduct Of The System By The Grantee, And Repealing The Present Franchise Ordinance (4) P.O. No. 6425 — An Ordinance Designating Friday, December 26, 2014, As A Legal Holiday (5) P. 0. No. 6426 — An Ordinance Repealing Ordinance No. 13-33 Amending Section 2-31 By Adding Subsection (H) As It Pertains To Reports And Recommendations (Requested By Councilmember Mosely) 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 November 12, 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 *************************************************** 10 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.