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HomeMy WebLinkAboutFEBRUARY 17, 2015 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR BRIAN McDOUGAL DERRICK FREEMAN,MAYOR PRO TEM City Of `"` CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. ..�� CITY SECRETARY TIFFANY L.HAMILTON I!r l I"t{t It t' MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY Tc ax1's CITY ATTORNEY WILLIE"BAE" LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK AG E N DA City Council Regular Meeting February 17, 2015 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 FEBRUARY 17, 2015 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 City Manager McDougal 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) Warren Field Regarding Appreciation Extended To City Secretary Personnel (2) Lelo Washington Regarding Cement/Concrete Service Road At Houston Avenue (3) Alicia Marshall Regarding Televised Council Meetings AGENDA JANUARY 20, 2015 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Presentation Of City Employees Service Awards By Dr. Albert Thigpen And Trameka Williams C. Employee Recognition — None D. Correspondence (1) Certification Of Petition 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 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) City Secretary Sherri Bellard: Attended Election Law Seminar Frisco, TX, January 20-23, 2015 $ 1,316.33 (2) Assistant City Secretary Kelly Moore: Attended Election Law Seminar Frisco, TX, January 20-23, 2015 $ 1,001.21 AGENDA FEBRUARY 17, 2015 VI. CONSENT AGENDA - CONTINUED (3) City Attorney Valecia Tizeno: Texas City Attorney Association Seminar Austin, TX, February 4-6, 2015 $ 1,011.33 B. Resolutions — Consent (1) P.R. No. 18816 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee For The 66-Inch Storm Sewer Repairs On Shreveport Avenue 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. Capital Project No. GO-805, Account No. 301-1601- 591.84-00 (2) P.R. No. 18824 — A Resolution Authorizing The City Manager To Enter Into A Twenty (20) Year Lease Agreement Between The City Of Port Arthur And Unites States Of America, Acting By And Through A Duly Authorized Official Of The Department Of Homeland Security, United States Coast Guard, For 160 Square Feet Of Ground Space To Replace A Damaged Navigation Light, Located On Pleasure Island (3) P.R. No. 18826 — A Resolution Authorizing The City Manager To Execute Change Order No. 9 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 $72,972.00, Increasing The Contract Amount To $3,518,973.40, And A Time Extension Of Thirty (30) Days, Increasing The Contract Time To 429 Days. Utility Operations Account No. 429-1258-532.59-00, Project No. WSI003 (4) P.R. No. 18829 — A Resolution Requesting Financial Assistance From The Texas Water Development Board, Authorizing The Filing Of An Application For Assistance From The Drinking Water State Revolving Fund, And Making Certain Findings In Connecting Therewith AGENDA FEBRUARY 17, 2015 VI. CONSENT AGENDA - CONTINUED (5) P.R. No. 18830 — A Resolution Requesting Financial Assistance From The Texas Water Development Board, Authorizing The Filing Of An Application For Assistance For The Clean Water State Revolving Fund, And Making Certain Findings In Connection Therewith (6) P.R. No. 18831 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And First Southwest Of Houston, Texas, For The Financial Advisory Services In The Not-To-Exceed Amount Of $55,400.00 For The Main Wastewater Treatment Plant And Waterline Projects Approved By The Texas Water Development Board. Funding Is Contingent On The Receipt Of Financial Assistance From The Texas Water Development Board (TWDB) (7) P.R. No. 18832 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Andrews Kurth, LLP, Of Houston, Texas, For The Bond Counsel Services In The Not-To-Exceed Amount Of $57,000.00 For The Main Wastewater Treatment Plant And Waterline Projects Approved By The Texas Water Development Board. Funding Is Contingent On The Receipt Of Financial Assistance From The Texas Water Development Board (TWDB) (8) P.R. No. 18833 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Freese And Nichols, Inc., For The Planning, Acquisition And Design Services For The Main Wastewater Treatment Plant In An Amount Not To Exceed $6,282,200.00 For The Utility Operations Department. Funding Is Contingent On The Receipt Of Financial Assistance From The Texas Water Development Board (TWDB) (9) P.R. No. 18843 — A Resolution Authorizing The City Manager To Execute Change Order No. 8 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 12 Days, To A New Contract Time Of 536 Days 4 AGENDA FEBRUARY 17, 2015 VI. CONSENT AGENDA - CONTINUED (10) P.R. No. 18845 — A Resolution Authorizing The City Manager To Execute Amendment No. 3 To The Agreement With Linebarger, Goggan, Blair & Sampson, LLP, For The Collection Of Fines For Municipal Court (11) P.R. No. 18846 — A Resolution Authorizing The Second And Final Year Renewal, Of The Contract With Siddons-Martin Emergency Group Of Port Arthur And Houston, Texas, For Preventive Maintenance And Repair To Fire Department Fire Apparatus And Other Special Response Vehicles, In A Total Amount Not To Exceed $160,000.00. Funding From Motor Vehicle Maintenance Account #001-1121-522.43-00 (12) P.R. No. 18847 — A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The Installation Of A Motor Control Center At The 46th Street Lift Station With Gonzales Electrical Systems, LLC, Of Beaumont, Texas, In An Amount Not To Exceed $31,745.00. Funds Are Available In Utility Operations Account No. 410-1255-532.92-00 (13) P.R. No. 18848 — A Resolution Authorizing The City Manager To Renew A One Year Subscription With Online Solutions, LLC, Of Tempe, Arizona, For CitizenServe Software For The Environmental Health Division, In An Annual Amount Not To Exceed $25,500.00. Funds Available In Environmental Health Account Number 001- 1304-541-57-00 (14) P.R. No. 18850 — A Resolution Authorizing An Increase In Blanket Purchase Order No. 181306 By $500.00, And The Second Year (First Renewal) Of A Mowing Contract Between The City Of Port Arthur And T&S Lawn Service, Of Port Arthur, Texas, For The Mowing Of Various City Properties, Parks And Right-Of-Ways, In The City Designated As Group 2, In An Annual Amount Not To Exceed $6,400.00. Parks Division, FY 2015 Budget Account No. 001-1207-531.31-00 5 AGENDA FEBRUARY 17, 2015 VI. CONSENT AGENDA - CONTINUED (15) P.R. No. 18851 — A Resolution Authorizing The Secoid Year (First Renewal) Of A Mowing Contract Between The City Of Port Arthur And DMJ Landscaping, Of Port Arthur, Texas, For Mowing Various City Properties, Parks And Right-Of-Ways, In The Ciy Designated As Group 3A, In An Annual Amount Not To Exceed $17,600.00. Parks Division, FY 2015 Budget Account No. 001-1207-531.31-00 (16) P.R. No. 18852 — A Resolution Authorizing The Seco id Year (First Renewal) Of A Mowing Contract Between The City Of Port Arthur And DM3 Landscaping, Of Port Arthur, Texas, For Mowing Various City Properties, Parks And Right-Of-Ways, In The Ciy Designated As Group 3B, In An Annual Amount Not To Exceed $16,000.00. Parks Division, FY 2015 Budget Account No. 001-1207-531.31-00 (17) P.R. No. 18853 — A Resolution Authorizing The Seco-id Year (First Renewal) Of A Mowing Contract Between The City Of Port Arthur And Ed Lawn Service Of Port Arthur, Texas, For Mowing Various City Properties, Parks And Right-Of-Ways, In The City Designated As Group 5, In The Annual Not To Exceed Amount Of $8,000.00, And Group 9, In An Annual Amount Not To Exceed Of $4,000.00. Parks Division, FY 2015 Budget Account No. 001-1207-531.31-00 (18) P.R. No. 18854 — A Resolution Authorizing The Second Year (First Renewal) Of A Mowing Contract Between The City Of Port Arthur And M. S. Service, Of Port Arthur, Texas, For Mowing Various City Properties, Parks And Right-Of-Ways, In The City Designated As Group 6, In An Annual Amount Not To Exceed $13,280.00. Parks Division, FY 2015 Budget Account No. 001-1207-531.31-00 6 AGENDA FEBRUARY 17, 2015 VI. CONSENT AGENDA - CONTINUED (19) P.R. No. 18855 — A Resolution Authorizing An Increase In Blanket Purchase Order No. 181309 By $700.00, And The Second Year (First Renewal) Of A Mowing Contract Between The City Of Port Arthur And Affordable Lawn & Tractor Service Of Port Arthur, Texas, For The Mowing Of Various City Properties, Parks And Right- Of-Ways, In The City Designated As Group 10, In An Annual Amount Not To Exceed $5,600.00. Parks Division, F`r 2015 Budget Account No. 001-1207-531.31-00 (20) P.R. No. 18856 — A Resolution Authorizing The Secoid Year (First Renewal) Of A Mowing Contract Between The City Of Port Arthur And Joey's Tractor Service Of Port Arthur, Texas, For Mowing Various City Properties, Parks And Right-Of-Ways, In The City Designated As Group 11, In An Annual Amount Not To Exceed $3,920.00. Proposed Funding: Parks Division, FY 2015 Budget Account No. 001-1207-531.31-00 (21) P.R. No. 18857 — A Resolution Authorizing The Seco id Year (First Renewal) Of A Mowing Contract Between The City Of Port Arthur And U. S. Lawns, Of Beaumont, Texas, For Mowing Various City Properties, Parks And Right-Of-Ways, In The City Designated As Group 12, In An Annual Amount Not To Exceed $8,320.00. Proposed Funding: Parks Division, FY 2015 Budget Account No. 001-1207-531.31-00 (22) P. R. No. 18858 — A Resolution Authorizing The Secoid Year (First Renewal) Of A Mowing Contract Between The City Of Port Arthur And Amelia Lawn Care & Landscaping, Of GroveE, Texas, For Mowing Various City Properties, Parks And Right-Of-'Nays, In The City Designated As Group 1, In An Annual Amount Not To Exceed $8,512.00. Parks Division, FY 2015 Budget Account No. 001-1207- 531.31-00 (23) P.R. No. 18860 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts AGENDA FEBRUARY 17, 2015 VI. CONSENT AGENDA — CONTINUED (24) P.R. No. 18862 — A Resolution Authorizing The First And Final Year Renewal Of The Contract Between City Of Port Arthur And Affordable Lawn And Tractor Service Of Port Arthur, Texas, For Grass Cutting Services At The Civic Center Department Buildings, In The Annual Amount Not To Exceed $16,000.00. Funding Available In Civic Center Account No. 001-1061-518.31-00 (25) P.R. No. 18864 — A Resolution Authorizing The Purchase Of Uniforms, Ballistic Vests And Accessories From GT Distributors, Inc., Of Austin, Texas, Under A BuyBoard Contract, In An Amount Not To Exceed $86,626.00. Funding Available In Police Department Account No. 001-1101-521.26-00 (26) P.R. No. 18865 — A Resolution Authorizing The Second Year (First Renewal) Of An Electrical Contract Between The City Of Port Arthur And Gulf Coast Electric Co., Inc., Of Beaumont, Texas, For Providing Electrical Repairs And Maintenance At Various City Parks And Facilities, In An Annual Amount Not To Exceed $100,000.00. Funding Available In Account Nos. 001-1402-551.32-00 And 001- 1207-531.39-00 (27) P.R. No. 18867 - A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract Between The City Of Port Arthur And McInnis Construction, Inc., Of Silsbee, Texas, And GLO, For The 18th Street Improvements, Increasing The Contract Amount By $430,466.00 To A New Contract Amount Of $3,212,049.85. Project No. I2118T, GLO Round 2.2 Account No. 144-1201-532.59-00 (28) P.R. No. 18868 — A Resolution Calling For A Public Hearing To Consider A Zoning Change From Agricultural To Light Commercial For 3.800 Acres Of Land, Part Of Lots 6 And 7, Block 13, Range "L", Port Arthur Land Company Subdivision, City Of Port Arthur, Jefferson County, Texas (Z15-02) 8 AGENDA FEBRUARY 17, 2015 VI. CONSENT AGENDA — CONTINUED (29) P.R. No. 18869 — A Resolution Nominating The Medical Center Of Southeast Texas, L.P. To The Office Of The Governor, Economic Development And Tourism ("OOGEDT") Through The Economic Development Bank ("Bank") For Designation As A Qualified Business And Enterprise Project ("Project") Under The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code ("Act") (30) P.R. No. 18872 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Arceneaux Wilson & Cole, LLC, For Design Phase Services For Water System Improvements In An Amount Not To Exceed $1,750,000.00 For The Utility Operations Department. Funding Is Contingent On The Receipt Of Financial Assistance From The Texas Water Development Board (TWDB) (31) P.R. No. 18874 — A Resolution Requesting That The 2013 Board Communication Letter Be Entered Into The Official Public Record Of The City Of Port Arthur (Councilmember Lewis) VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18841 — A Resolution Authorizing The Approval Of A Financing Proposal In The Amount Of $747,772.80 From Mustang — CAT Financial, Of Nashville, Tennessee, To Lease/Purchase Capital Equipment For Public Works (2) P.R. No. 18844 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Mayor Pro Tem Freeman) (3) P.R. No. 18863 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council 9 AGENDA FEBRUARY 17, 2015 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.R. No. 18866 — A Resolution Authorizing The City Manager To Extend An Invitation To The Port Arthur Housing Authority For A Joint Meeting Concerning The Edison Property (Requested By Councilmember Lewis) (5) P.R. No. 18870 — A Resolution Appointing Member(s) To The Historical Landmark Commission (6) P.R. No. 18871 — A Resolution Cancelling The March 3, 2015 Regularly Scheduled Council Meeting B. Ordinances (1) P.O. No. 6439 — An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2014 And Ending September 30, 2015 For The Equipment Replacement Fund By $103,000.00, In Order To Fund The Capital Lease For A Compactor For The Landfill, And To Fund The Cost Of Freight, Shipping And Other Cost/Estimate Differentials Of Various Approved Equipment (2) P.O. No. 6441 — An Ordinance Providing For The Conduct Of The May 9, 2015 General Election For The Purpose Of Electing Two (2) Councilmembers, In The City Of Port Arthur, Texas; And Providing For A Joint Election With The Port Arthur Independent School District, The Port Arthur Navigation District, The Sabine Pass Independent School District And The Sabine Pass Port Authority In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice I0 AGENDA FEBRUARY 17, 2015 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED UNA ORDENANZA QUE PROPORCIONA LA CONDUCTA DE LAS ELECCIONES GENERALES EL 09 DE MAYO 2015 PARA EL PROPOSITO DE ELEGIR A DOS MIEMBROS DEL CONCEJO, EN LA CIUDAD DE PORT ARTHUR, TEXAS; Y SE ESTABLECE UNA ELECCION CONJUNTA CON EL DISTRITO ESCOLAR INDEPENDIENTE DE PORT ARTHUR, EL DISTRITO DE NA VEGACION DE PORT ARTHUR, EL DISTRITO ESCOLAR INDEPENDIENTE DE SABINE PASS Y LA AUTORIDAD DEL PUERTO DE SABINE PASS DE CONFORMIDAD CON EL CAPITULO 271 DEL CODIGO ELECTORAL DE TEXAS, Y SE DISPONE LA PUBLICACION DE LA NOTIFICACION DE LA ELECCION 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 11 I AGENDA FEBRUARY 17, 2015 VIII. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (1) Section 551.071 Government Code — To Discuss With The City Attorney Pending Litigation Regarding Cause No. E-194887; Reginald Trainer, Efrain Avendano, Paul Hulin And Herman Levingston v. City of Port Arthur 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 February 18, 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 ************************************************************ 12 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 s 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 Cour cil, 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 Presid ng 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.