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HomeMy WebLinkAboutJANUARY 6, 2015 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR F,....e.- JOHN A.COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM City of cf^ ` INTERIM CITY MANAGER COUNCIL MEMBERS: '!'}°; / SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. -- CITY SECRETARY TIFFANY L.HAMILTON v r t r t h u r TP `l S CIT MORRIS ALBRIGHT CIT TIZENO VAL STEPHEN A.MOSELY X Y ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK AG E N DA City Council Regular Meeting January 6, 2015 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. City Council Meeting City Hall Council Chamber City Of Port Arthur January 6, 2015 5:30 PM 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. PETITIONS & COMMUNICATIONS A. Speakers (1) Lowra A. Reado Regarding TCEQ Permits And The Need For An Environmental Specialist AGENDA JANUARY 6, 2015 III. PETITIONS & COMMUNICATIONS - CONTINUED A. Presentations (1) Presentation Of Diagnostic Report From Planning & Zoning Commission To Council (2) Presentation By Dr. Betty Reynard Regarding Dormitories At Lamar State College — Port Arthur B. Employee Recognition — None D. Correspondence - None IV. PUBLIC HEARING — 6:00 P.M. (1) To Consider A Proposed Zoning Change From Heavy Commercial "HC" To Planned Development District — 34 "PD-34". Legal Description: 0.6405 Acre Of Land Out Of And Part Of Lot 3, Block 4, Range "I", Port Arthur Land Company Subdivision, Port Arthur, Jefferson County, Texas. Location: 2145 7th Avenue, Port Arthur, Jefferson County, Texas V. *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": AGENDA JANUARY 6, 2015 V. *CLOSED MEETING (EXECUTIVE SESSION) 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 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Lamar State College - Port Arthur) VI. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: None 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. i AGENDA JANUARY 6, 2015 VII. CONSENT AGENDA - CONTINUED A. Resolutions (1) P.R. No. 18491 — A Resolution Authorizing The City Manager To Execute An Agreement With W & W Construction, Of Port Arthur, Texas, For The Annual Utility Cut Repair For Concrete Slabs For The Water And Sanitary Sewer Department, In The Not-To-Exceed Amount Of $60,000.00. Funding Available In Utility Streets Program Account No. 401-1253-532.86-00 (2) P.R. No. 18552 - A Resolution Authorizing The First And Final Year Renewal Of The Existing 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 $50,000.00. Funding Is Available In Environmental Health Account No. 001-1304-541.59-00 (3) P.R. No. 18593 - A Resolution Authorizing The First And Final Year Renewal Of The Existing Contract With 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, In The Not-To-Exceed Amount Of $50,000.00. Funding Is Available In Environmental Health Account No. 001-1304-541.59-00 (4) P.R. No. 18678 - A Resolution Authorizing The First And Final Year Renewal Of The Existing Contract With 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, In The Not-To-Exceed Amount Of $40,000.00. Funding Is Available In Environmental Health Account No. 001-1304-541.59-00 4 AGENDA JANUARY 6, 2015 VII. CONSENT AGENDA - CONTINUED (5) P.R. No. 18771 — A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The Pleasure Island 24" Water Transmission Line, From M.L.K. Bridge To Walter Umphrey State Park, With Allco, LLC., Of Beaumont, Texas, Not To Exceed $12,378,572.60. Account No. 429-1258-532.59-00, Project No. WSI006 (6) P.R. No. 18790 - A Resolution Authorizing The City To Lease A Centormail Max 120 Digital Mailing System From Star Graphics, Inc., Of Beaumont, Texas, At The Rate Of $439/Month For A 63 Month Period, Not To Exceed $27,657.00. Funds Available In Purchasing Account No. 001-1033-515.51-00 (7) P.R. No. 18791 — A Resolution Authorizing The First And Final Year Renewal Of The Existing Contract With S.E. Texas Lawn And Maintenance, 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 D-1, In The Not-To-Exceed Amount Of $12,500.00. Funding Is Available In Environmental Health Account No. 001-1304-541.59-00 (8) P.R. No. 18793 - A Resolution Authorizing The First And Final Year Renewal Of The Existing Contract With M&J 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 D-2, In The Not-To-Exceed Amount Of $50,000.00. Funding Available In Environmental Health Account No. 001-1304-541.59-00 (9) P.R. No. 18794 - A Resolution Authorizing The First And Final Year Renewal Of The Existing Contract With Gulf Coast L&L 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 A-2, In The Not-To-Exceed Amount Of $30,500.00. Funding Available In Environmental Health Account No. 001-1304-541.59-00 i 5 1 AGENDA JANUARY 6, 2015 VII. CONSENT AGENDA - CONTINUED (10) P.R. No. 18795 - A Resolution Authorizing The First And Final Year Renewal Of The Existing Contract With K&D Affordable Lawn Service 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, In The Not-To-Exceed Amount Of $50,000.00. Funding Is Available In Environmental Health Account No. 001-1304-541.59-00 (11) P.R. No. 18796 - A Resolution Authorizing The First And Final Year Renewal Of The Existing Contract With Williams Transport Of Lumberton, Texas, For Grass Cutting Services Of Privately-Owned And City-Owned Vacant And Developed Lots In An Area Of The City Designated As Area E, In The Not-To-Exceed Amount Of $30,000.00. Funding Available In Environmental Health Account No. 001-1304-541.59-00 (12) P.R. No. 18797 - A Resolution Authorizing The First And Final Year Renewal Of The Existing Contract With 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 C-2, In The Not-To-Exceed Amount Of $50,000.00. Funding Is Available In Environmental Health Account No. 001-1304-541.59-00 (13) P.R. No. 18798 — A Resolution Authorizing The 2014-2015 Jefferson County Appraisal District Funding Allocation In An Amount Of $157,817.00. Account No. 001-1031-515.54-00 (14) P.R. No. 18799 - A Resolution Authorizing The 2014-2015 Orange County Appraisal District Funding Allocation In An Amount Of $18,819.00. Account No. 001-1031-515.54-00 6 AGENDA JANUARY 6, 2015 VII. CONSENT AGENDA - CONTINUED (15) P.R. No. 18800 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Basco Construction, Inc., Of Nederland, Texas, To Replace Toilets And Urinals At The Robert A. "Bob" Bowers Civic Center, I- The Not-To- Exceed Amount Of $14,899.00. Funding Available II Civic Center Account No. 001-1061-518.32-00 (16) P.R. No. 18801 — A Resolution To Amend The FY 2014-2015 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Division, Increasing The Funds In The Not-To-Exceed Amount Of $649,141.00 (17) P.R. No. 18805 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract Between The City Of Port Arthur And Allco, Inc., Of Beaumont, Texas, And GLO, For The 19th Street Paving Improvements, Decreasing The Contract Amount By $58,517.50, To A New Contract Amount Of $663,513.06. Project No. I2119, GLO Round 2.2, Account No. 145-1201-532.59- 00 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18775 — A Resolution Authorizing The Cite Manager To Negotiate A Contract Between The City Of Port Arthu- And Weaver, LLP, Of Fort Worth, Texas, Or Solicit A Request For Qualifications (RFQ) For The Performance Of A Forensic Audit (Requested By Councilmember Lewis) B. Ordinances (1) P.O. No. 6433 — An Ordinance Adding Section 78-26S (b) (2) (c) Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Travel Expenses (Requested By Councilmember M Dsley) i AGENDA JANUARY 6, 2015 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED (2) P.O. No. 6434 - An Ordinance Of The City Council Of Port Arthur, Texas, Authorizing Participation With Other Entergy Service Area Cities In Matters Concerning Entergy Texas, Inc., At The Public Utility Commission Of Texas And The Federal Energy Regulatory Commission In 2015 (3 ) P.O. No. 6435 - An Ordinance Authorizing The Sale Of Surplus Furniture/Minor Equipment, Vehicles, Equipment, Or Heavy Equipment By A Public Online Auction Through Rene Bates Auctioneers, Inc. 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 January 7, 2015. 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 *************************************************** 8 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.