Loading...
HomeMy WebLinkAboutAUGUST 18, 2015 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR gnew -� BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of City CITY MANAGER COUNCIL MEMBERS: 110J 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 August 18, 2015 5:30 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 August 18, 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. APPROVAL OF AGENDA III. PROCLAMATIONS & MINUTES Proclamations Minutes May 20, 2015 Special Meeting IV. PETITIONS & COMMUNICATIONS A. Speakers (1) John R. (Rocky) Barnett, Jr. Regarding City Street Maintenance (2) James Fedrick, Sr. Regarding 18th Street In Need Of Repair AGENDA AUGUST 18, 2015 IV. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations — None 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: 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Resolutions — Consent (1) P.R. No. 18942 — A Resolution Authorizing Acceptance Of Engineer's Certificates Of Completion, Contractor's Certificate And Release And Contractor's Certificates Of Guarantee For The Completion Of Public Improvements (Water System) To Serve The Gatherings Shopping Center Project, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas AGENDA AUGUST 18, 2015 VII. CONSENT AGENDA — CONTINUED (2) P.R. No. 19033 — A Resolution Approving An Operation Downtown Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Ken Yowman, 4029 7th Street, Port Arthur, Texas, For The Renovation Of Property Located At 735 Procter Street (3) P.R. No. 19090 — A Resolution Authorizing The Execution Of Contracts Between The City Of Port Arthur And The City Organizational Departments, In The Amount Of $885,127.00, This Being $110,806.00 For Environmental Health, $91,162.00 For The Health Department, $250,000.00 For Housing Rehabilitation, $100,000.00 For Housing Administration, And $333,159.00 For Streets Program Of Port Arthur, For The Benefit Of The Low And Moderate Income Residents Of The City (4) P.R. No. 19091 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Allco, LLC, Of Beaumont, Texas, For Port Acres Wastewater Treatment Plant Upgrades, In The Not-To-Exceed Amount Of $2,686,183.75. Account No. 429-1258-532.59-00, Project No. CPA-496 (5) P.R. No. 19093 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Civil Service Commission Of The City Of Port Arthur (6) P.R. No. 19095 — A Resolution Authorizing The Payment To Computer Information Systems, Inc., Of Skokie, Illinois For The Annual License Renewal Fee For Maintenance On The Police And Fire Department's CAD, RMS, And MCS/AVL Server, In The Amount Of $28,315.14. Funding Available In Account No. 001-1101-521.72- 00 (7) P.R. No. 19096 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For 0.1791 Acre Of Land Consisting Of The W 65' Of S 120' Of S 240' Of Lot 2, Block TR8, Procter Extension [A.K.A. 4115 3rd Street], Port Arthur, Jefferson County, Texas, For The Use Of A Garage Apartment As A Second Dwelling In A Single Family Zoned District Z15-05 [Sup# 225] AGENDA AUGUST 18, 2015 VII. CONSENT AGENDA — CONTINUED (8) P.R. No. 19098 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Laura Kay Emmert, A Medical Laboratory Technologist, To Provide Contract Services For The City's Laboratory. Account Number 001-1301-541.14-00 (9) P.R. No. 19099 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And James Cousar, A Medical Laboratory Technologist, To Provide Contract Services For The City's Laboratory. Account Number 001-1301-541.14-00 (10) P.R. No. 19100 — A Resolution Authorizing A Renewal To The Agreement For Independent Professional Services Between The City Of Port Arthur And Lloyd R. Haggard For Consultation Services For The City's Laboratory. Account Numbers 001-1301-541.54-00 And 001-1301-541.13-00 (11) P.R. No. 19101 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Rose E. Quirante, R.D., For The Provision Of Dietary Consultation Services For The Women, Infants And Children (WIC) Program (12) P.R. No. 19106 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation To Assist In Funding The City Of Port Arthur's People's Park As Requested By The City Of Port Arthur At A Cost Not To Exceed Four Hundred Thousand Dollars ($400,000.00) And Authorizing The Engagement Of A Professional Architect To Provide A Cost Estimate For Such Improvements (13) P.R. No. 19107 — A Resolution Authorizing The Second And Final Renewal Of The Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Jireh World Church/Outreach Ministries, Inc., To Provide Life Skills And Financial Planning Training To Port Arthur Residents In An Amount Not To Exceed $125,000.00 4 AGENDA AUGUST 18, 2015 VII. CONSENT AGENDA — CONTINUED (14) P.R. No. 19108 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract With Southeast Texas Building Service, Inc., Of Nederland, Texas, For Janitorial Services For The Health Department In The Not-To-Exceed Amount Of $21,480.00 Annually. Funds Available In Account No. 001-1301-541.32-00 (15) P.R. No. 19109 — A Resolution To Authorize The City Manager To Enter Into A Contract Between The City Of Port Arthur And Southeast Texas Medical Associates (SETMA) For William D. George, MD, To Continue To Act As The City's Health Authority And Supervising Physician Of The Employee Health Services Clinic (16) P.R. No. 19110 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Kirk Matthew Vital, R. Ph, To Act As The City's Pharmacist-In-Charge For The Health Department. Account No. 001-1301-541.54-00 (17) P.R. No. 19114 — A Resolution As It Pertains To Authorizing The City Manager Of The City Of Port Arthur To Execute A Tax Abatement Agreement With Ryze Renewables Port Arthur, LLC (18) P.R. No. 19115 — A Resolution Authorizing The City Manager To Execute The Final Contract Between The City Of Port Arthur And Southeast Service Company Of Port Arthur, Texas, For Maintenance Services For The Heating, Ventilation And Air Conditioning Systems (HVAC) In City Buildings. Funding Available In Various Departmental Accounts 5 AGENDA AUGUST 18, 2015 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19061 — A Resolution Authorizing The Execution Of Contracts Between The City Of Port Arthur And The Non-Profit Service Organizations For Public Service Activities, In The Amount Of $61,160.00, This Being $4,400.00 For Gift Of Life, $8,800.00 For Nutrition & Services For Seniors, $2,640.00 For Law Academy, $3,520.00 For PANAC, $3,520.00 For Port Arthur Flyers Track Club, $8,800.00 For South East Texas Regional Planning Commission, $1,760.00 For YMCA, $1,320.00 For Port Arthur American Little League, $8,800.00 For Catholic Charities, $2,640.00 For Program Of Health Excellence, $2,640.00 For IEA — Inspire, Encourage, Achieve, $1,760.00 For Community Retirement Home, Inc., $2,640.00 For Jefferson County Adult Day Center, $1,760.00 For Heritage Life Center, $1,760.00 For Texas Recyclers Association, Inc., $1,760.00 For Legacy Community Development, And $2,640.00 For Triangle Aids Network Of Port Arthur, For The Benefit Of The Low And Moderate Income Residents Of The City (2) P.R. No. 19111 — A Resolution Providing For The Submission Of Propositions As To Whether Or Not The City Charter Shall Be Amended (Requested By Councilmember Lewis) (3) P.R. No. 19113 — A Resolution Authorizing The Establishment Of A City Charter Change Committee (Requested By Mayor Prince) 6 AGENDA AUGUST 18, 2015 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances (1) P.O. No. 6478 — An Ordinance Providing For The Conduct Of A Special Election On November 3, 2015, In Order To Fill A Vacancy In Position 7, Pursuant To Article 11, Section 11 Of The Texas Constitution And In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice P.O. No. 6478 - Una Ordenanza Que Proporciona La Realizacion De Una Eleccion Especial El 3 De Noviembre De 2015, A Fin De Lienar Una Vacante En La Posicion 7, De Conformidad Con El Articulo 11, Seccion 11 De La Constitucion De Texas Y De Acuerdo Con El Capitulo 271 Del Codigo Electoral De Texas, Y Proporciona La Publicacion De La Convocatoria De Elecciones (2) P.O. No. 6480 — An Ordinance Pertaining To The Conduct Of The November 3, 2015 Special Election For The Purpose Of Electing A Councilmember For Position 7 In The City Of Port Arthur And Approving A Joint Election Agreement P.O. No. 6480 - Una Ordenanza Perteneciente A La Conducta Del 3 De Noviembre De 2015 Eleccion Especial Para el Proposito De Elegir Un Concejal Para Posicion 7 En La Ciudad De Port Arthur Y Aprobacion De Un Convenio De Elecciones Conjuntas (3) P.O. No. 6481 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To A Low And Moderate Income Resident Of The City Who Is Participating In The Hurricane Ike Housing Reconstruction Program Through The Texas Department Of Housing & Community Affairs (TDHCA) AGENDA AUGUST 18, 2015 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 August 19, 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. S. 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.