HomeMy WebLinkAboutOCTOBER 27, 2015 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR . "' BRIAN McDOUGAL
KAPRINA FRANK,MAYOR PRO TEM City of v: CITY MANAGER
COUNCIL MEMBERS: •'J'/1��t�'�\ 40/ SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
TIFFANY L.HAMILTON ort r t h u r
MORRIS ALBRIGHT VAL TREND
STEPHEN A.MOSELY Tc tr.� CITY ATTORNEY
WILLIE"BAE"LEWIS,JR.
OSMAN SWATI
DERRICK FREEMAN
AG E N DA
City Council
Regular Meeting
October 27, 2015
8:3o a.m.
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City Council Meeting
City Hall Council Chamber
City Of Port Arthur
October 27, 2015
8:30 A.M.
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
Proclamations
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) John Beard, Jr. Regarding City Services, Issues And Public Interest
B. Presentations
(1) Allison Nathan Getz Tax Assessor Collector/Voter Registrar
Regarding Purging Of Voters (Requested By Councilmember Lewis)
(2) Freese & Nichols Update On The GIS Program — Phases I & II
(3) Councilmember Tiffany Hamilton, Port Arthur Public Library, And
Texas Children's Health Plan Regarding Halloween For Heroes
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AGENDA
OCTOBER 27, 2015
III. PETITIONS & COMMUNICATIONS - CONTINUED
(4) Police Officer Mike Hebert Regarding The Annual Trunk-Or-Treat
C. Employee Recognition - None
D. Correspondence — None
IV. PUBLIC HEARINGS — 9:00 A.M. — NONE
V. UNFINISHED BUSINESS — 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Withdrawn For Individual Consideration In Its Normal Sequence After The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. Minutes
July 31, 2015 Special Meeting
August 13, 2015 Special Executive Meeting
September 9, 2015 Special Meeting
September 15, 2015 Special Meeting
September 21, 2015 Special Meeting
October 13, 2015 Special Meeting
B. Expense Reports
(B1) Mayor Deloris Prince:
Use of Personal Auto For City Business
SETX Regional Planning Meeting
Beaumont, TX, October 21, 2015 $27.63
AGENDA
OCTOBER 27, 2015
VI. CONSENT AGENDA — CONTINUED
(B2) Councilmember Tiffany Hamilton:
Attended TML Annual Conference
San Antonio, TX, September 22-25, 2015 $1,296.94
(B3) Councilmember Osman Swati:
Attended TML Annual Conference
San Antonio, TX, September 22-24, 2015 $1,111.00
(B4) Councilmember Derrick Freeman:
Attended TML Annual Conference
San Antonio, TX, September 22-25, 2015 $1,622.97
(B5) Assistant City Secretary Kelly Moore:
Texas Municipal Clerks Graduate Institute
Fort Worth, TX, October 7-9, 2015 $805.70
C. Resolutions — Consent
(1) P.R. No. 18978 — A Resolution Terminating The Contract For The
Purchase Of 25% Sodium Hydroxide To TDC, LLC, And Awarding
The Contract To Brenntag Southwest Inc., Of Houston, Texas, With
A Projected Budgetary Impact Of $34,992.00. Funds Are Available
In Water Purification Division O&M Budget Account No. 410-1252-
532.29-02
(2) P.R. No. 19032 — A Resolution Authorizing The City To Enter Into
An Agreement With Freese And Nichols Inc., For The
Implementation Of The Enterprise GIS Implementation Program —
Phase III In The Amount Of $130,000.00. Funding Is Available In
Account Number 001-1050-517.54-00
AGENDA
OCTOBER 27, 2015
VI. CONSENT AGENDA — CONTINUED
(3) P.R. No. 19042 — A Resolution Authorizing The City Manager To
Execute Change Order No. 03 To The Contract Between The City
Of Port Arthur And BDS Constructors, LLC, DBA MK Constructors,
For The Roadway Rehabilitation & Drainage Improvements Along
9th Street, Increasing The Contract Term By Seventy Two (72) Days
To A New Total Of Three Hundred Eighty Seven (387) Days. GLO
Round 2.1 Program, Project No. I2119, Account #144-1201-
532.59-00
(4) P.R. No. 19138 — A Resolution Authorizing The City Manager To
Execute An Agreement With Action Civil Engineers Of Port Arthur,
Texas, To Provide Design Services For 4th Street From Stadium
Road To Duff Drive, In The Amount Of $57,000.00. Funding
Available In C.D.B.G. Streets Program Account No. 001-1203-
531.86-01
(5) P.R. No. 19149 — A Resolution Authorizing The Execution Of A
Contract For The Purchase Of A Motor For A Vertical Pump For The
Utility Operations Department With Louis Allis Of Warrior, Alabama,
In The Amount Of $54,030.00. Funds Are Available In Account
Number 428-1625-532.83-00, Project No. 428003
(6) P.R. No. 19155 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Property Damage Claim In The
Amount Of $74,888.90 Made Against Axis Surplus Insurance
Company And Liberty Surplus Insurance Corporation As A Result Of
Damage To The Amos Evans Gymnasium (1308B 9th Avenue)
(7) P. R. No. 19181 — A Resolution Authorizing The Director Of Utility
Operations To Purchase Polymers And Delineating Procedures For
The Purchase Of Other Chemicals, With An Estimated Budgetary
Impact Of $1,426,500.00. Funding Available In Water Utilities
Account No(s). 410-1252-532.29-02 & 410-1256-532.29-00
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AGENDA
OCTOBER 27, 2015
VI. CONSENT AGENDA — CONTINUED
(8) P. R. No. 19182 — A Resolution Authorizing The Execution Of An
Agreement To Share Operating Expenses Of Rose Hill Between The
City Of Port Arthur And The Federated Women's Club Of Port
Arthur For The 2015-2016 Fiscal Year, In An Amount Of
$12,000.00. Accounts Nos. 140-1405-551.59-00, M97908 And 001-
1402-551.14-00
(9) P. R. No. 19183 — A Resolution Approving A Contract Between The
City Of Port Arthur And The Port Arthur Historical Society For The
Purpose Of Funding Of The Pompeiian Villa For The 2015-2016
Fiscal Year In The Amount Of $19,800.00. Account No. 140-1405-
551.59-00, M97909
(10) P.R. No. 19184 — A Resolution Approving An Amendment To The
Contract Between The City Of Port Arthur And The Port Arthur
Convention And Tourist Association, Which Manages And Operates
A Convention/Visitors Bureau, In Order To Provide Funding Of
$570,000.00 For The 2015-2016 Fiscal Year
(11) P. R. No. 19185 — A Resolution Approving A Contract Between The
City Of Port Arthur, Lamar State College-Port Arthur And The Port
Arthur Historical Society For The Purpose Of Funding The Museum
Of The Gulf Coast For The 2015-2016 Fiscal Year In The Amount Of
$236,336.00. Account No. 140-1405-551.59-00, M97904
(12) P. R. No. 19186 — A Resolution Approving A Contract Between The
City Of Port Arthur And Southeast Texas Arts Council (SETAC) For
The Purpose Of Funding SETAC For The 2015-2016 Fiscal Year In
The Amount Of $45,000.00. Account No. 140-1405-551.59-00,
M97901
(13) P.R. No. 19189 — A Resolution Authorizing A Consulting Contract
For The Services Of Gabriel Roeder Smith & Co., Consultants &
Actuaries (GRS), Related To The City's Other Post Employment
Benefit (OPEB), Retiree Health Insurance Plan Budgetary Impact Of
$11,000.00. Account No. 614-1701-583.52-00
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AGENDA
OCTOBER 27, 2015
VI. CONSENT AGENDA — CONTINUED
(14) P.R. No. 19190 — A Resolution Approving A Professional Service
Agreement With Aftermath Advisory Group, LLC, To Perform
Hurricane Ike Closeout Procedures With A Projected Budgetary
Impact Of $25,000.00. Account No. 001-1031-515.54-00
(15) P.R. No. 19191 — A Resolution Terminating Contracts With Lofton
Staffing And HT Staffing For Providing Temporary Employees For
The City Of Port Arthur, And Authorizing Rebidding Of Temporary
Employees For The City Of Port Arthur
(16) P.R. No. 19194 — A Resolution Authorizing The City Manager To
Execute Change Order No. 03 To The Contract Between The City
Of Port Arthur And Allco, Inc., For The Bluebonnet Avenue Street
Improvements Project, Increasing The Contract Amount By
$83,018.50, To A New Contract Amount Of $2,147,624.28,
Increasing The Contract Term By 35 Days, To A New Term Of 395
Days. GLO Round 2.2 Program, Project No. 122BB, Account #145-
1201-532.59-00
(17) P.R. No. 19195 — A Resolution Authorizing The City Manager To
Execute Change Order No. 05 To The Contract Between The City
Of Port Arthur And APAC-Texas, Inc., For The 10th Street
Improvements Project, Decreasing The Contract Amount By
$1,910.00. GLO Round 2.1 Program, Project No. 12110T, Account
#144-1201-532.59-00
(18) P.R. No. 19198 — A Resolution Authorizing The Fire Department To
Purchase Two Defibrillator/Monitors From Zoll Medical Corporation
Of Chelmsford, Massachusetts, In The Amount Of $56,867.00.
Funding From Account No. 001-1121-522.92-00
(19) P.R. No. 19200 — A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
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AGENDA
OCTOBER 27, 2015
VI. CONSENT AGENDA — CONTINUED
(20) P.R. No. 19201 — A Resolution Authorizing Funding For The
Independent Audit For The City Of Port Arthur Performed By
Whitley Penn, LLP, In An Amount Of $35,000.00 And Additional
Consulting Services In The Amount Of $27,450.00. Finance
Department No. 001-1031-515.54-00
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions
(1) P.R. No. 19135 — A Resolution Casting Votes For The Board Of
Directors Of The Jefferson County Appraisal District
(2) P.R. No. 19136 — A Resolution Casting Votes For The Board Of
Directors Of The Orange County Appraisal District For The Term
Ending December 31, 2015
B. Ordinances - None
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
AGENDA
OCTOBER 27, 2015
VIII. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting: - None
*The Items In Executive Session May Be Discussed And Acted On In Open
Session
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 October 28, 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
************************************************************
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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.