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HomeMy WebLinkAboutDECEMBER 23, 2014 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR E,..,,r. JOHN A.COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM City of C'^ \\ INTERIM CITY MANAGER COUNCIL MEMBERS: "/' 11 '`;' '/ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. �..va CITY SECRETARY TIFFANY L.HAMILTON O r t r t h Ur MORRIS ALBRIGHT 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 23, 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 con tact 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 23, 2014 8:30 A.M. 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 III. *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": 1 AGENDA DECEMBER 23, 2014 III. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED 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) (Premcor Refining Group, Inc.Nalero) (2) Section 551.071 Government Code -To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements (Premcor Refining Group, Inc./Valero) IV. ITEMS REQUIRING INDIVIDUAL ACTION (1) P.R. No. 18769 — A Resolution Authorizing The Execution Of An Industrial District Agreement Between The City Of Port Arthur And The Premcor Refining Group, Inc. (2) P.O. No. 6432 — An Ordinance Repealing Ordinance No. 14-50 Annexing Certain Territory To The City, Including Land Owned By Premcor Refining Group, Inc. (D/B/A Valero Port Arthur Refinery) V. PETITIONS & COMMUNICATIONS A. Speakers - None B. Presentations (1) Grants Program Administrator, Mary Essex, Regarding CDBG Applicants AGENDA DECEMBER 23, 2014 V. PETITIONS & COMMUNICATIONS - CONTINUED C. Employee Recognition — None D. Correspondence — None VI. PUBLIC HEARINGS — None VII. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: None VIII. 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 Robert Williamson: Attended National League Of Cities Annual Conference November 19-23, 2014 Austin, TX $2,258.92 (2) Interim City Manager John A. Comeaux: Attended Ergo Conference December 2-5, 2014 Las Vegas, NV $1,626.38 AGENDA DECEMBER 23, 2014 VIII. CONSENT AGENDA - CONTINUED A. Resolutions — Consent (1) P.R. No. 18677 — A Resolution Authorizing The Execution Of A r Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1947 Stn Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (2) P.R. No. 18721 — A Resolution Authorizing The City Manager To Enter Into A Contract With A To Z Tire & Battery, Inc., Of Amarillo, Texas, For The Purchase Of B305/70R22.5 Tires For The Transit Department, In An Amount Not To Exceed $100,000.00. Funding Is Available In Transit Maintenance Account No. 401-1502-561.43- 00 (3) P.R. No. 18766 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract With Labiche Architectural Group, Inc., Of Beaumont, Texas, For The Design Of A Park For The PAEDC Spur 93 Business Park, In An Amount Not To Exceed $3,000.00. EDC Account No. 120-1429-582.59-02 (4) P.R. No. 18768 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Second And Final Year Renewal Of The Contract For Landscaping And Irrigation Maintenance At The Spur 93 Business Park With Affordable Lawn & Tractor Service Of Port Arthur, Texas, In An Amount Not To Exceed $28,500.00. EDC Account No. 120-1429- 582.59-02 / 4 F AGENDA DECEMBER 23, 2014 VIII. CONSENT AGENDA - CONTINUED (5) P.R. No. 18774 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee For The Tunnel Demolition, Back Fill, And Sidewalk Replacement Adjacent To 501 Procter Street And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And To Make Final Payment To The Contractor In The Total Amount Of $2,250.00. EDC Account No. 120-1429-582.59-05 (6) P.R. No. 18776 — A Resolution Approving The Demolition And Clearance Of Fifty-Five (55) Dilapidated Residential Properties That Were Damaged As A Result Of Hurricane Ike, And Declaring Them Slum & Blight. The Texas General Land Office (GLO) Will Allocate Funding For The Activities (7) P.R. No. 18777 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (8) P.R. No. 18778 — A Resolution As It Pertains To Requesting Bills To Be Adopted By The Texas Legislature (9) P.R. No. 18782 — A Resolution Authorizing The City Manager To Execute Change Order No. 6 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, In An Amount Not To Exceed $79,675.00, Increasing The Contract Amount to $3,597,522.89 and Contract Time By 11 Days, To A New Contract Time Of 305 Days. Project No. WSI002, Account No. 429-1258-532.59-00 5 AGENDA DECEMBER 23, 2014 VIII. CONSENT AGENDA - CONTINUED (10) P.R. No. 18783 — A Resolution Authorizing The City Manager To Execute Change Order No. 8, 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 $53,614.40, Increasing The Contract Amount To $3,446,001.40, And A Time Extension Of Four (4) Days, Increasing The Contract Time To 399 Days. Utility Operations Account No. 429-1258-532.59-00, Project No. WSI003 (11) P.R. No. 18784 — A Resolution Authorizing An Amendment To Resolution No. 14-500 For Emergency Expensiture For Removal Of Vegetation Form The Montrose Retention Pond From Mcllivain Enterprises, Inc., Of Winnie, Texas, Increasing The Payment By $16,205.00 To A New Total Of $70,490.00. Funding Are Available In Public Work's Capital Improvement Account No. 301-1601- 591.84-00, Project No. GO-805 (12) P.R. No. 18786 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Mitchell Fontenote, CPA, For The Provision Of Accounting Services For The Finance Department In An Amount Not To Exceed $35,000.00, And Increasing The Blanket Purchase Order For The Existing Contract By $10,000.00. Funding Available In Finance Account No. 001- 1032-515.54-00 (13) P.R. No. 18789 — A Resolution Authorizing The City Manager To Enter Into An Agreement With The Labiche Architectural Group, Inc., For The Provision Of Boardwalk Park Assessment And Maintenance Plan, In A Not-To-Exceed Amount Of $3,000.00. Funding Available In Department Of Parks And Recreation Account No. 001-1207-531.54-00 / 6 AGENDA DECEMBER 23, 2014 VIII. CONSENT AGENDA - CONTINUED (14) P.R. No. 18792 — A Resolution Authorizing The City Manager To Enter Into A Purchase Agreement With Motorola Solutions, Inc., Of o Farmers Branch, Texas, With Houston-Galveston Area Council (H- GAC) Pricing, For Radio System Tower And Upgrades, In The Not- To-Exceed Amount Of $1,509,000.00. Funds Are Available In Account Number No. 107-1118-521.92-00, Project No. PS0021 IX. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18762 — A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The Sabine Neches Waterway Direct Pipe Project With Strike, L.L.C., Of The Woodlands, Texas, Not To Exceed $16,414,828.00, Account No. 429-1258-532.59-00, Project No. WS1004 (2) P.R. No. 18765 — A Resolution Approving A Community Pre- Employment Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Team Fabricators, LLC, In An Amount Not To Exceed $156,000.00 For Training Of Twenty- Four (24) Port Arthur Residents (3) P.R. No. 18787 — A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding With Lamar State College Port Arthur B. Ordinances (1) P.O. No. 6416 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $6,589.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Police Vehicle #1704 AGENDA DECEMBER 23, 2014 IX. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED (2) P.O. No. 6430 — An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of A Claim In The Amount Of $58,666.00 Made Against Texas Muricipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To The City Landfill Compactor #1615 (3) P.O. No. 6431 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $4,843.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Police Vehicle #1762 X. *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 CDde": 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 551.071 Government Code — To Discuss With The City Attorney Pending Litigation Regarding Candace Ann Grimm, as Next Friend of Louvenia Teller Gipson Vs. The City of Port Arthur 8 AGENDA DECEMBER 23, 2014 X. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED (2) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Lamar State College - Port Arthur) (3) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Sustainable Composite Technologies) (4) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation Against Port Arthur Park Apartments XI. 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 December 24, 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 ************************************************************ 9 1 RU LE S 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 Aqenda 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.