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HomeMy WebLinkAboutDECEMBER 9, 2014 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR Env JOHN A.COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM City of Cu, w INTERIM CITY MANAGER COUNCIL MEMBERS: ; ik) SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. '- CITY SECRETARY TIFFANY L.HAMILTON VI?t r t h u r MORRIS ALBRIGHT TPXCI c 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 December 9, 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 December 9, 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 December 1, 2014 Joint Pleasure Island Advisory Board Special Meeting III. ITEMS REQUIRING INDIVIDUAL ACTION (1) P.O. No. 6428 - An Ordinance Of The City Of Port Arthur, Texas Annexing Certain Territory To The City, Including Land Owned By Premcor Refining Group, Inc. (D/B/A Valero Port Arthur Refinery); Making Certain Findings And Provisions Related Thereto, Adopting A Service Plan And Providing For An Effective Date. 1 AGENDA December 9, 2014 IV. PETITIONS & COMMUNICATIONS A. Speakers (1) Christopher Brown Regarding Spring Fling Event Being Held At Pleasure Island Marina May 22 — May 25, 2015 B. Presentations (1) Interim City Manager John Comeaux: An Update On The Status Of The Workshop Schedule Regarding A Forensic Audit And Processes And Procedures For Industry Communication With The City Of Port Arthur (Requested By Councilmember Mosley) C. Employee Recognition — None D. Correspondence — None V. PUBLIC HEARING — 6:00 P.M. — None VI. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: (1) 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 (2) 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 2 AGENDA December 9, 2014 VII. 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 Mayor Deloris Prince: Use of Personal Auto For City Business SETRPC Meeting November 19, 2014 Beaumont, TX $27.39 Mayor Pro Tem Derrick Freeman: Attended National League Of Cities Annual Conference November 19-23, 2014 Austin, TX $1,843.04 Councilmember Tiffany Hamilton: Registration For National League Of Cities Annual Conference November, 2014 Austin, TX $435.00 A. Resolutions (1) P.R. No. 18679 — A Resolution For The Adoption Of The Revised Paratransit Manual As Mandated By The Federal Transit Administration (FTA) In Accordance With The Rules And Regulations Governing The Americans With Disabilities Act (ADA) And The U.S. Department Of Transportation (DOT) AGENDA December 9, 2014 VII. CONSENT AGENDA — CONTINUED (2) P.R. No. 18715 — A Resolution Authorizing The Execution Of An Annual Supply Contract For Tires, Through Buyboard Contract No. 470-14, With Southern Tire Mart Of Beaumont, Texas, In A Not-To- Exceed Amount Of $300,000.00; Charged To Various Departmental Accounts (3) P.R. No. 18747 — A Resolution Authorizing The Purchase Of Two (2) 1/2 - Ton Regular Cab Pickup Trucks For The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, In The Total Amount Not To Exceed $34,800.00. Funds Are Available In Utility Operations Equipment Replacement Fund Account Nos. 625-1801- 532.93-02 And 625-1801-532.93-06 (4) P. R. No. 18748 - A Resolution Authorizing A Non-Exclusive Contract With DRD Pat Hotel, LTD D/B/A Holiday Inn — Park Central, As To Provide Services, Supplies, Accommodations, Or Conference Rooms In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2015 To December 31, 2017 (5) P. R. No. 18749 - A Resolution Authorizing A Non-Exclusive Contract With The American Legion Post 7 As To Provide The Use Of Their Facility At 3750 Memorial In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2015 To December 31, 2017 (6) P. R. No. 18750 - A Resolution Authorizing A Non-Exclusive Contract With Market Basket As To Provide Groceries And Goods In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2015 To December 31, 2017 (7) P. R. No. 18751 - A Resolution Authorizing A Non-Exclusive Contract With Derrick Oil Company As To Provide Services, Fuel, Lubricants, Tanks, Trucks, Goods, And Equipment At 947 Procter, And 1349 Austin Avenue, In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2015 To December 31, 2017 4 AGENDA December 9, 2014 VII. CONSENT AGENDA— CONTINUED (8) P. R. No. 18752 - A Resolution Authorizing A Non-Exclusive Contract With Sprint Waste Services, LP, As To Provide Roll-Off Boxes For Garbage, Drinking Water, And Portable Toilets In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2015 To December 31, 2017 (9) P.R. No. 18753 — A Resolution Authorizing The Purchase Of A F-250 Pickup Truck With A Service Body For The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, Through Buyboard, In The Total Amount Not To Exceed $26,164.55. Funds Are Available In Equipment Replacement Fund Account No. 625- 1801-532.93-05 (10) P.R. No. 18754 - A Resolution Calling For A Public Hearing To Consider The Federal Transit Administration's Proposed Award For Operations, Planning, And Capital Projects For Fiscal Year 2014- 2015 For Port Arthur Transit (PAT) (11) P.R. No. 18756 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And APAC-Texas, Inc., Of Beaumont, Texas, And GLO, For The 10th Street Paving Improvements, Increasing The Contract Amount By $4,876.00, To A New Contract Amount Of $691,007.50. Project No. 12110T, GLO Round 2.1 Account No. 144-1201-532.59- 00 (12) P.R. No. 18760 — A Resolution Accepting A Meter Pump Station Easement From Jefferson County, Texas, For The Construction, Installation, Laying, And Maintaining Of Water Utilities On Their Property At Walter Umphrey State Park, Mesquite Point, Port Arthur, Texas 5 AGENDA December 9, 2014 VII. CONSENT AGENDA— CONTINUED (13) P.R. No. 18761 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And BDS Constructors, LLC, DBA MK Constructors, Of Vidor, Texas, For The Repair Of The 66" RCP Storm Sewer On Shreveport Avenue Between Procter Street And 5th Street, Increasing The Contract Amount By $5,500.00, To A New Contact Amount Of $172,919.00. Project No. GO-805, Account No. 301- 1601-591.84-00. (14) P.R. No. 18763 — A Resolution Authorizing The City Manager To Extend The Lease Between The City Of Port Arthur And The Port Arthur Yacht Club Until March 31, 2015 (15) P.R. No. 18764 — A Resolution Authorizing The City Manager To Negotiate A Contract Between The City Of Port Arthur And Arceneaux Wilson & Cole, LLC, Of Port Arthur, Texas, For The Construction Phase Services Of An Elevated Storage Tank And Metering Station (16) P.R. No. 18767 — 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 26 Months At An Additional Cost Of $26.16 Per Month (17) P.R. No. 18770 — A Resolution Authorizing A Contract With CDW Government (CDW-G), For The Lease Of Seventy-Five (75) Laptop Computers For Patrol Vehicles Through Texas Cooperative Purchasing Network (TCPN) State Contract In The Annual Amount Of $74,274.18 Per Year, Or Monthly Payments Of $6,320.11 For 48 Months. Funding Is Available In Account No. 001-1101-521.54-00 6 AGENDA December 9, 2014 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18759 — A Resolution Appointing Alternate Members And A Regular Member To The Construction Board Of Adjustments And Appeals B. Ordinances (1) P. 0. No. 6427 - An Ordinance Of The City Of Port Arthur, Texas Suspending The Rates Proposed By Texas Gas Service Company's Gas Reliability Infrastructure Program ("GRIP") Filing Made With The City On November 20, 2014; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date (2) P.O. 6429 — An Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The International Association Of Fire Fighters Local 397. Proposed Funding Available In Fire Department Budget Account No. 001-1121-522.11-00 IX. ADJOURNMENT OF MEETING *************************************************** NOTE: If The Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30 AM On December 10, 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 *************************************************** 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.