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HomeMy WebLinkAbout05/26/2015 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR e,K,gy � BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM Cit of ���' CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON ort r t h u r MORRIS ALBRIGHT Texas VAL TIZENO STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI DERRICK FREEMAN AG E N DA City Council Regular Meeting May z6, 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 May 26, 2015 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tern Frank Councilmember Scott, Jr. Councilmember Hamilton Councilmember Albright, III Councilmember Mosely Councilmember Lewis, Jr. Councilmember Swati Councilmember Freeman 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) Alicia Marshall, Regarding Variance In Street Repairs i gr 1 AGENDA MAY 26, 2015 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations Presentation Regarding Pleasure Island Clean-Up (Requested By Councilmember Hamilton) C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARING — 6:00 P.M. 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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: Mayor Deloris Prince: Use Of Personal Auto For City Business SETX Regional Planning, May 20, 2015 $27.63 2 AGENDA MAY 26, 2015 VI. CONSENT AGENDA — CONTINUED B. Resolutions — Consent (1) P.R. No. 18803 — A Resolution Authorizing The City Manager To Enter Into A One Year Maintenance Agreement Between The City Of Port Arthur And AT&T Corp., For The City Of Port Arthur's Telephone System, In The Total Amount Of $35,467.64. Public Works City Hall Account No. 001-1206-531-61.03 (2) P.R. No. 18995 — A Resolution Authorizing The Second Year (First Renewal) Of A Contract For The Purchase Of Resilient Seat Valves, For The Utility Operations Department With MDN Enterprises Of New Caney, Texas, In The Amount Not To Exceed $126,887.98. Funds Are Available In Account No. 410-1253-532.35-00 & 410- 1255-532.33-00 (3) P.R. No. 18996 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An Agreement With Gulf Coast Manufacturing, LLC For The Design, Manufacture And Installation Of Two Chandeliers For The 501 Procter Renovation Project At A Price Not To Exceed $35,760.00 (4) P.R. No. 18998 — A Resolution Authorizing The City Manager To Enter Into A Non-Exclusive Product Sales Agreement With TOTAL Petrochemicals & Refining USA, Inc., To Provide Certain Quantities Of On-Road Diesel At TOTAL's Port Arthur, Texas, Refinery In The Case Of An Emergency Or A Disaster, With A Term Of The Agreement From June 25, 2015 To June 25, 2017 (5) P.R. No. 18999 — A Resolution Authorizing The Second And Final Year Renewal Of The Contract With Total Safety, U.S. Inc., Of Nederland, Texas, For Asbestos And Lead Abatement Consulting Services, In A Not-To-Exceed Amount Of $25,000.00, To Be Charged To Account No. 001-1052-517.59-00 (General Fund) 3 AGENDA MAY 26, 2015 VI. CONSENT AGENDA — CONTINUED (6) P.R. No. 19001 — A Resolution Authorizing The City Of Port Arthur To Accept Additional Grant Funds From The Texas Department Of State Health Services Community Preparedness Section To Fund Ebola Preparedness And Response Activities In The Not-To-Exceed Amount Of $21,970.00 (7) P.R. No. 19003 — 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 Construction Of Bluebonnet Avenue Street Improvements, Increasing The Contract Amount By $238,152.00 To A New Contract Amount Of $2,064,605.78. Increasing The Contract Time By 90 Days Due To Additional Repairs, To A New Term Of 360 Days. Project No. I22BB (Bluebonnet), GLO Round 2.2 Account No. 145-1201-532.59-00 (8) P.R. No. 19004 — A Resolution Authorizing The City Manager To Execute Change Order No. 4 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 $5,142.50 To A New Contract Amount Of $681,904.19, Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee And Authorizing The City Manager To Sign The Certificate Of Acceptance Of Behalf Of The City Of Port Arthur, Texas, And To Make Final Payment To The Contractor. Project No. I2219 (19th Street), GLO Round 2.2 Account No. 145-1201-532.59-00 (9) P.R. No. 19005 — A Resolution Authorizing The City Manager To Execute Change Order No. 4 (Increasing The Time By 21 Days), To The Contract Between The City Of Port Arthur And SeTEX Construction Corp. Of Beaumont, Texas, Due To Unforeseen Weather Conditions, To A New Term Of 168 Days, At No Additional Cost, And To Accept The Architect's Certificate Of Substantial Completion From The LaBiche Architectural Group, Inc., For The Improvements To Montrose Park And Lyon's Park 4 AGENDA MAY 26, 2015 VI. CONSENT AGENDA — CONTINUED (10) P.R. No. 19010 — A Resolution Authorizing Payments To The City Of Beaumont, Texas, For Weekend Landfill Use In The Not-To- Exceed Amount Of $50,000.00 Per Year. Public Works Department Solid Waste Commercial Division — Other Contractual Services Account No. 403-1273-433.59-00 (11) P.R. No. 19011 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur, GLO, And BDS Constructors, LLC, DBA MK Constructors Of Vidor, Texas, For The 9th Street Paving Improvements Project — Williams Avenue To Duff Drive, And On Duff Drive South Of 9th Street, Increasing The Contract Time By 69 Days, GLO Round 2.1 Program, Project No. I2119, Account No. 144-1201-532.59-00 (12) P.R. No. 19012 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Simco Enterprises, Ltd., Of Groves, Texas, For Clean Out Lagoon/Retention Pond At The Main Wastewater Treatment Plant, In The Not To Exceed Amount Of $97,780.00. Sewer Reconstruction Account No. 428-1625-532.83-00 (13) P.R. No. 19013 — A Resolution Rescinding In Its Entirety Resolution No. 15-177 Which Authorized The Award Of Bid And The Execution Of A Contract For The Installation Of A Vertical Pump At The Main Lift Station With Houston Motor & Control, LLC, Of Houston Texas, In An Amount Not To Exceed $42,459.00 5 AGENDA MAY 26, 2015 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18968 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee For The Water, Sanitary Sewer, Paving, Drainage Facilities And Site Grading For Kaprina Frank Drive, And Authorizing The City Manger To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And To Make Final Payment To The Contractor, EDC Account Number 120-1429-582.86-00 (2) P.R. No. 19000 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council B. Ordinances (1) P.O. No. 6464 — An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2014, And Ending September 30, 2015, For The Water And Sewer Fund By $114,000.00 In Order To Fund Operating Costs VIII. 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 May 27, 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 *********************************************************** 6 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 Reauestina 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.