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HomeMy WebLinkAboutNOVEMBER 25, 2014 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR En r JOHN A.COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM City of ea V. INTERIM CITY MANAGER COUNCIL MEMBERS: / i ti„\\ I 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 25, 2014 8:3o a.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 25, 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 28, 2014 Regular Meeting October 30, 2014 Special Meeting November 5, 2014 special Executive Meeting November 6, 2014 Special Executive Meeting November 11, 2014 Special Executive Meeting November 11, 2014 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Terry Lynn Collins, Regarding Assistance For Battered Women, Children, Mentally III Citizens, And The Homeless 1 AGENDA NOVEMBER 25, 2014 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Presentation By Daryl Miller And Robert Parr Regarding The Development Of A Soccer Complex In Port Arthur, Texas C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARINGS — 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 (1) P.O. No. 6423 — An Ordinance Rescinding Ordinance 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) 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. Expense Reports (1) Councilmember Tiffany Hamilton: Attended IEDC Conference October 18-22, 2014 Ft. Worth, TX $2,365.77 AGENDA NOVEMBER 25, 2014 VI. CONSENT AGENDA — CONTINUED (2) City Secretary Sherri Bellard: Attended TML Annual Conference September 30 - October 3, 2014 Houston, TX $1,632.75 (3) Assistant City Secretary Kelly Moore: Attended TML Annual Conference September 30 — October 2, 2014 Houston, TX $1,405.43 (4) Assistant City Secretary Kelly Moore: Attended Texas Municipal Clerks Graduate Seminar October 20-25, 2014 Kerrville, TX $1,088.69 A. Resolutions — Consent (1) P.R. No. 18688 — A Resolution Authorizing The Execution Of A Contract For Professional/Technical Services Between The City Of Port Arthur And Carroll & Blackman, Inc., For Professional Engineering Services Related To The Texas Pollutant Discharge Elimination System, Phase II Storm Water Discharge Permit, In The Not-To-Exceed Amount Of $20,858.83. Drainage Account No. 001- 1204-531.59-01 (2) P.R. No. 18703 —A Resolution Amending Resolution No. 14-326 By Changing The Contract Amount From $476,717.95 To $482,767.95 For A Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Excavators & Constructors, Ltd. For Water, Sanitary Sewer, Paving And Drainage Facilities To Serve Proposed "Kaprina Frank Drive" In The Spur 93 Business Park AGENDA NOVEMBER 25, 2014 VI. CONSENT AGENDA— CONTINUED (3) P.R. No. 18708 - A Resolution Authorizing The Purchase Of One (1) Chevrolet Tahoe Police Vehicle From Caldwell Country Chevrolet Of Caldwell, Texas, Through Buyboard Cooperative Purchasing Program, For The Total Not-To-Exceed Amount Of $45,032.00. Funding For This Purchase Is Available In Police Department Account No. 115- 1101-521.93-00 (4) P.R. No. 18712 — A Resolution Accepting A Water Utilities Easement From The Port Arthur Housing Initiative I, LP, Of Port Arthur, Texas, For The Construction, Installation, Laying, And Maintaining Of Water Utilities On Their Property At 8580 Park Central Blvd., Port Arthur, Texas (5) P.R. No. 18719 — A Resolution Authorizing Participation In The Texpool Investment Pools And Designating Authorized Representatives (6) P.R. No. 18720 — A Resolution Authorizing The Purchase Of Three Mini Excavators And One Compact Wheel Loader For The Utility Operations Department From Waukesha-Pearce Industries Inc., Of Port Arthur, Texas (Through Buyboard Cooperative Purchasing Program), In The Total Not-To-Exceed Amount Of $129,596.65. Funds Are Available In Utility Operations Equipment Replacement Fund Account Nos. 625-1801-532.93-03, 625-1801-532.93-05, 625- 1801-532.93-06 (7) P.R. No. 18724 - A Resolution Authorizing The Purchase Of One (1) Dodge Charger Police Vehicle From Dodge City Of McKinney, Texas, Through The Buyboard Cooperative Purchasing Program, In The Not- To-Exceed Amount Of $28,614.08; Funding For This Purchase Is Available In Equipment Replacement For Police Vehicle Account No. 625-1801-521.93-00 (8) P.R. No. 18725 — A Resolution Authorizing The Execution Of A Contract For Grounds Maintenance For The Utility Operations Department With Amelia Lawn Care & Landscaping Of Groves, Texas, In The Total Not-To-Exceed Annual Amount Of $10,380.00, For Groups C & E. Funds Are Available In Utility Operations Account No. 410-1255-532.59-00 4 AGENDA NOVEMBER 25, 2014 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 18726 — A Resolution Authorizing The Execution Of A Contract For Grounds Maintenance For The Utility Operations Department With Joey's Tractor Service Of Port Arthur, Texas, In The Total Not-To-Exceed Annual Amount Of $10,176.00, For Groups D & G. Funds Are Available In Utility Operations Account No. 410-1255-532.59-00 (10) P.R. No. 18727 — A Resolution Authorizing The Execution Of A Contract For Grounds Maintenance For The Utility Operations Department With Affordable Lawn Care And Tractor Of Port Arthur, Texas, In The Total Not-To-Exceed Annual Amount Of $24,900.00, For Group F. Funds Are Available In Utility Operations Account No. 410-1255-532.59-00 (11) P.R. No. 18728 — A Resolution Authorizing The Execution Of A Contract For Grounds Maintenance For The Utility Operations Department With Mow-N-More Of Port Arthur, Texas, In The Total Not-To-Exceed Annual Amount Of $10,300.00, For Groups A & B. Funds Are Available In Wastewater Conveyance Division Account No. 410-1255-532.59-00 (12) P.R. No. 18729 — A Resolution Authorizing The Purchase Of Uniforms For The Fire Department From GT Distributors, Inc., Under A Buyboard Contract, In An Amount Not To Exceed $32,839.00; Funding Available In Account No. 001-1121-522.26-00 (13) P.R. No. 18730 — A Resolution Approving An Agreement Between The City Of Port Arthur And LexisNexis For Accurint For Government (Per User Subscription), In The Annual Not-To-Exceed Amount Of $3,420.00. Planning Account No. 001-1051-517.57-00 5 AGENDA NOVEMBER 25, 2014 VI. CONSENT AGENDA— CONTINUED (14) P.R. No. 18731 — A Resolution Authorizing The Execution Of A Contract With DMJ Landscaping 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-1, In The Not-To-Exceed Amount Of $12,500.00. Funds Available In Environmental Health Code Enforcement Division Account No. 001- 1304-541-59-00 (15) P.R. No. 18733 — A Resolution Calling For A Public Hearing To Consider A Zoning Change From Heavy Commercial To Planned Development, District — 34 For 0.6405 Acre Of Land Out Of And A Part Of Lot 3, Block 4, Range "I", Port Arthur Land Company Subdivision (A.K.A. 2145 7th Avenue), City Of Port Arthur, Jefferson County, Texas (16) P.R. No. 18734 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And ALLCO Inc., Of Beaumont, Texas, And GLO, For The 19th Street Paving Improvements, Increasing The Contract Amount By $85,299.56 To A New Contract Amount Of $722,030.56. Project No. I2119, GLO Round 2.2 Account No. 145- 1201-532.59-00. (17) P.R. No. 18735 — A Resolution Authorizing The City Manager To Execute Amendment No. 2 To The Agreement With Linebarger, Goggan, Blair & Sampson, LLP, For The Collection Of Fines For Municipal Court (18) P.R. No. 18736 — A Resolution Approving Payment In The Amount Not To Exceed $46,553.95 For The TCEQ Annual Water System Fee For The City Of Port Arthur, Utility Operations Department-Water Purification Division Account No. 410-1252-532-59-01 6 AGENDA NOVEMBER 25, 2014 VI. CONSENT AGENDA— CONTINUED (19) P.R. No. 18739 — A Resolution Authorizing The City Manager To Execute Change Order No. 7 Between The City Of Port Arthur And Allco, L.L.C.; For The 24" Waterline From 19th Street To The Sabine Neches Canal, In An Amount Not To Exceed $141,090.00, Increasing The Contract Amount To $3,392,387.00, And A Time Extension Of Four (4) Days, Increasing The Contract Time To 395 Days. Utility Operations Account No. 429-1258-532.59-00, Project No. WSI003 (20) P.R. No. 18740 —A Resolution Approving Change Order No. 1 To The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Excavators & Constructors, Ltd. For The Water, Sanitary Sewer, Paving, Drainage Facilities And Site Grading To Serve Proposed Kaprina Frank Drive In The Spur 93 Business Park (21) P.R. No. 18741 — A Resolution Authorizing The City Manager To Execute Change Order No. 5 To The Contract Between The City Of Port Arthur And Allco, L.L.C., 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 294 Days. Project No. WSI002, Account No. 429-1258-532.59-00 (22) P.R. No. 18742 — A Resolution Authorizing The Purchase Of Four (4) 1-Ton Diesel Utility Trucks For The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, Through Buyboard, In The Total Amount Not To Exceed $127,568.00. Funds Are Available In Equipment Replacement Fund Account Nos. 625-1801-532.93-05, And 625-1808-532.93-03 (23) P.R. No. 18743 — A Resolution Authorizing The Purchase Of One 4x2 Super Duty Crew Cab Truck With Dump Body For The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, Through Buyboard, In The Total Amount Not To Exceed $53,775.15. Funds Are Available In Equipment Replacement Fund Account No. 625-1801-532.93-05 AGENDA NOVEMBER 25, 2014 VI. CONSENT AGENDA— CONTINUED (24) P.R. No. 18744 — A Resolution Authorizing The Purchase Of A 1- Ton Crew Cab Flatbed Truck For The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, Through Buyboard, In The Total Amount Not To Exceed $44,361.45. Funds Are Available In Equipment Replacement Fund Account No. 625-1801-532.93-05 (25) P.R. No. 18745 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract Between The City Of Port Arthur And Excavators & Constructors, LTD., Of Port Arthur, Texas, And GLO, For The Construction Of Street Paving And Drainage Improvements Along 5th Street, Increasing The Time Of The Contract By Six (6) Calendar Days, To A New Term Of 280 Calendar Days, At No Additional Cost VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18722 — A Resolution Rescinding Resolution No. 14-580 In Its Entirety As It Pertains 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 (Requested By Councilmember Lewis) (2) P.R. No. 18723 — A Resolution Rescinding Resolution No. 14-581 In Its Entirety As It Pertains To The Consent Of 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 Included Authorization For The Renewal Of A Five Year Lease With An Option To Renew For An Additional Five Year Period (Requested By Councilmember Lewis) (3) P.R. No. 18732 - A Resolution Of The City Council Of The City Of Port Arthur, Texas, Approving Tax Exempt Bond Financing To Be Undertaken By Riesel Cultural Facilities Corporation, For The Benefit Of Goodwill Industries Of Southeast Texas 8 AGENDA NOVEMBER 25, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED (4) P.R. No. 18737 — A Resolution Appointing Brian E. McDougal As City Manager For The City Of Port Arthur And Establishing The Terms Of Employment Pursuant To Article V Of The Charter Of The City Of Port Arthur And Chapter 25 Of The Texas Local Government Code (5) P.R. No. 18738 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation's First Amended Chief Executive Officer Employment Agreement With Floyd Batiste B. Ordinances - NONE 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: (1) Section 551.072 Government Code -To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (2) Section 551.071 Government Code -To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements 9 AGENDA NOVEMBER 25, 2014 VIII. *CLOSED MEETING (EXECUTIVE SESSION) (3) Section 551.074 Government Code — To Deliberate The Issues Related To The Appointment Of Brian E. McDougal As City Manager. *The Items In Executive Session May Be Discussed And Acted Upon In Open Session 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 November 26, 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.