HomeMy WebLinkAboutFEBRUARY 9, 2016 5:30 PM DELORIS"BOBBIE"PRINCE,MAYORen�.g. BRIAN McDOUGAL
KAPRINA FRANK,MAYOR PRO TEM City of CITY MANAGER
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COUNCIL MEMBERS: SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
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TIFFANY L. HAMILTON Ort rthur
MORRIS ALBRIGHT VAL TREND
STEPHEN A.MOSELY Texas CITY ATTORNEY
WILLIE"BAE"LEWIS,JR.
OSMAN SWAT!
CHARLOTTE MOSES
AG E N DA
City Council
Regular Meeting
February 9, 2016
5:30 p.m.
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Port Arthur will provide for reasonable accommodations for persons
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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 9, 2016
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 Moses
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) Ms. Mildred Hayes, Author, Introducing Her Children's Book, "The
Color Wees"
B. Presentations
(1) Christopher Breaux, Engagement Partner, Whitley Penn LLC,
Regarding The City's Comprehensive Annual Financial Report FYE
2014 And Letter To Management On Internal Control
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AGENDA
FEBRUARY 9, 2016
III. PETITIONS & COMMUNICATIONS — CONTINUED
(2) Fay Young, CGCIO, Information Technology Manager, Regarding
Smoke Alarms Distribution
(3) Sherri Bellard, TRMC, City Secretary, Regarding The Cost Of The
2008 Runoff Election For Positions 7 And 8. (Requested By
Councilmember Lewis)
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:
(1) P.R. No. 19288 — A Resolution As It Pertains To Authorizing The
City Manager Of The City Of Port Arthur To Execute A Tax
Abatement Agreement With Seahawk Landing, LLC
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.
AGENDA
FEBRUARY 9, 2016
VI. CONSENT AGENDA — CONTINUED
A. Expense Reports
(Al) Mayor Deloris Prince:
The United States Conference Of Mayors
Washington, D.C.
January 19 - 22, 2016 $2,281.00
B. Resolutions — Consent
(1) P.R. No. 18834 — A Resolution Authorizing The City Manager To
Execute A Contract Between The City Of Port Arthur And PM
Construction & Rehab LLC, Of Pasadena, Texas, For Sanitary Sewer
Rehabilitation By Pipe Bursting Methods At Brinkman Drive In The
Amount Of $85,890.00. Account No. 427-1626-532.85-00
(2) P.R. No. 19040 — A Resolution Authorizing The Purchase Of Nine
(9) Dump Trucks From Chastang Ford Of Houston, Texas, Under H-
GAC Contract No. HT 06-14, For The Public Works Department
Streets And Drainage Divisions In The Amount Of $677,494.00.
Funding Available In Account Number 625-1801-515.93-00, Project
Number FH1601
(3) P.R. No. 19273 — A Resolution Authorizing The City Manager To
Execute A Contract Between The City Of Port Arthur And
Excavation & Construction, LLC, Of Nederland, Texas, For The
South Hwy 87 6" Waterline Replacement From South 15th Avenue
To Westward 6300 LF, In The Amount Of $296,103.26 Account No.
419-1622-531.85-00
(4) P.R. No. 19275 — A Resolution Authorizing The Purchase Of Various
Sanitary Sewer Pumps For The Utility Operations Department From
Pump & Power Equipment LLC, Of Houston, Texas, With A
Projected Budgetary Impact Of $28,337.00. Funds Are Available In
Account No. 410-1255-532.92-00
AGENDA
FEBRUARY 9, 2016
VI. CONSENT AGENDA — CONTINUED
(5) P.R. No. 19289 — A Resolution Authorizing The Execution Of A
Three (3) Year Contract For Contract Laboratory Services For The
Wastewater Treatment Plants With KAP Technologies, Inc., Of The
Woodlands, Texas, With An Estimated Budgetary Impact Of
$26,512.00 Per Year, Funds Are Available In Account No. 410-
1256-532.54-00
(6) P.R. No. 19290 — A Resolution Authorizing The City Manager To
Make Application For Fiscal Year 2016 State Homeland Security
Program-Law Enforcement Terrorism Prevention (SHSP-LETP)
Funding
(7) P.R. No. 19291 — A Resolution Authorizing The City Manager To
Execute Change Order No. 4 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 Decreasing The Contract Amount By $2,247.81 To A New
Amount Of $769,430.49, GLO Round 2.1 Program, Project No.
I2119, Account No. 144-1201-532.59-00
(8) P.R. No. 19292 — A Resolution Authorizing A Non-Exclusive Contract
With JBS Packing, Inc., As To Provide Services, Supplies, Or Trucks
In The Case Of An Emergency Or Disaster, With The Term Of The
Agreement From March 6, 2016 To March 5, 2018
(9) P.R. No. 19293 — A Resolution Cancelling The March 8, 2016
Regularly Scheduled Council Meeting
(10) P.R. No. 19296 — A Resolution Authorizing The City Manager To
Enter Into An Interlocal Agreement Between The City Of Port
Arthur, Texas, And Jefferson County Drainage District No. 7,
Relating To The City Of Port Arthur's Downtown Tax Increment
Reinvestment Zone No. 1
(11) P.R. No. 19297 — A Resolution Authorizing The City Manager To
Enter Into An Interlocal Agreement Between The City Of Port
Arthur, Texas, And Sabine-Neches Navigation District, Relating To
The City Of Port Arthur's Downtown Tax Increment Reinvestment
Zone No. 1
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IAGENDA
FEBRUARY 9, 2016
VI. CONSENT AGENDA — CONTINUED
(12) P.R. No. 19298 — A Resolution Authorizing The City Manager To
Complete The Application Process For The City Of Port Arthur To Be
Designated As A Housing And Urban Development (HUD) Promise
Zone For The Purpose Of Partnering With The Federal Government
To Create Jobs, Leverage Private Investment, Increase Economic
Activity, Expand Educational Activities, And Reduce Crime
(13) P.R. No. 19299 — A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
(14) P.R. No. 19300 — A Resolution Authorizing The City Manager To
Execute Change Order No. 2 To The Contract For Phase III Of A
Performance Contracting Agreement Between The City Of Port
Arthur And Siemens Industry, Inc., Building Technologies Division,
For Time Extension Of 90 Days, Due To Delays, To A New Contract
Term of 540 Days, With A New Contract Completion Date Of May
05, 2016
(15) P.R. No. 19301 — A Resolution Accepting The Street And Drainage
System Improvements On Collins Avenue From Highway 365
Southward Approximately 475 Feet, And Authorizing The City
Manager To Sign The Certificate Of Acceptance On Behalf Of The
City Of Port Arthur, Texas
(16) P.R. No. 19303 — A Resolution Calling For A Public Hearing To
Consider A Zoning Change From Single Family To Neighborhood
Services For Approximately 0.2009 Acre Of Land Consisting Of All
Of Lot 5, Block 19, Beachway Addition, City Of Port Arthur,
Jefferson County, Texas
(17) P.R. No. 19304 — A Resolution Calling For A Public Hearing To
Consider A Proposed Abandonment For 0.0074 Acre Of Land
Consisting Of A 2.5' X 114' Portion Of The 7.5' X 114' Utility
Easement Located On Lot 11, Block 31, Lakeside Park Unit 4, City
Of Port Arthur, Jefferson County, Texas
AGENDA
FEBRUARY 9, 2016
VI. CONSENT AGENDA — CONTINUED
(18) P.R. No. 19305 — A Resolution Authorizing The Purchase Of Various
Pumps For The Utility Operations Department From Pump & Power
Equipment LLC, Of Houston, Texas, With A Projected Budgetary
Impact Of $229,444.00. Funds Are Available In Account Nos. 410-
1255-532.92-00 And 410-1256-532.92-00
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions
(1) P.R. No. 19274 — A Resolution Designating The Early Voting Ballot
Board, Judges And Alternate Judges, Election Day Presiding Judges
And Alternate Judges, As Well As Appointing The Spanish And
Vietnamese Interpreters, The Presiding Judge, Alternate Judge,
Tabulation Supervisor, Ballot Production Specialist, Counting Station
Manager And Election Records General Custodian Of The Central
Counting Station For The April 2, 2016 Special Election
Una Resolucion Designando La Junta De Votacion Anticipada De
Votos, Jueces Y Jueces Suplentes, Jueces Que Presidiran El Dia
De Eleccion Y Jueces Suplentes, Asi Como El Nombramiento De
Los Interpretes de Espanol Y Vietnamita, El Juez Que Presidira,
Juez Suplente, Supervisor De Tabulacion, Especialista De
Produccion De Papeleta, Gerente De La Estacion De Contado y
Custodio De La Eleccion General De Registros De La Estacion
Central De Conten Para La Eleccion Especial En El 2 De Abril, De
2016
(2) P.R. No. 19276 — A Resolution Authorizing The City Manager To
Negotiate A Contract With BKD, LLP, Of Houston, Texas, For The
Forensic Audit Of The City Of Port Arthur. Funds Are Available In
Account No. 001-1402-551.32-00
(3) P.R. No. 19306 — A Resolution Appointing Member(s) To The
Zoning Board Of Adjustment (Requested By Councilmember Lewis,
Scott And Mosely)
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AGENDA
FEBRUARY 9, 2016
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
B. Ordinances
(1) P.O. No. 6519 — An Ordinance Providing For The Conduct Of A
General Election On May 7, 2016, For The Purpose Of Electing A
Mayor, In The City Of Port Arthur, Texas; And Providing For A Joint
Election With The Port Arthur Independent School District, The Port
Of 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
Una Ordenanza Que Preve Para Dirigir Una Eleccion General El 7
De Mayo de 2016, Con El Proposito De Elegir A Un Alcalde, En La
Ciudad De Port Arthur, Texas; Y Para Dirigir Una Eleccion
Conjunta Con El Distrito Independiente Escolar De Port Arthur, El
Puerto Del Distrito De Navegacion De Port Arthur, El Distrito
Escolar Independiente de Sabine Pass, Y La Autoridad Del Puerto
De Sabine Pass, De Acuerdo Con El Capitulo 271 Del Codigo De
Elecciones De Texas, Y Proveer La Publicacion Como Anuncio De
La Eleccion
(2) P.O. No. 6522 — An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Changing The Zoning From Two Family
(2F) To Planned Development District — 14 (PD-14) For
Approximately 0.5624 Acre Of Land Consisting Of All Of Lots 24
Through 30, Block 25, Rosemont Addition, City Of Port Arthur,
Jefferson County, Texas, (Violation Of This Ordinance Or The
Zoning Ordinance Of The City Of Port Arthur Is Punishable As
Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, As
Amended, By A Fine Not Exceeding Two Thousand [$2,000.00]
Dollars); And Providing For Publication In The Official Newspaper
Of The City Of Port Arthur And Effective Immediately After
Publication Date. Z15-10 — Val C. Taylor, ET. AL. Two Family (2F)
To Planned Development District — 14 (PD-14)
AGENDA
FEBRUARY 9, 2016
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(3) P.O. No. 6523 — An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Granting Specific Use Permit 228 (SUP
#228) For 0.9486 Acre Of Land Consisting Of Lots 18-30, Block 25,
Rosemont Addition, Port Arthur, Jefferson County, Texas, For The
Development Of A Department, Variety, Or Discount Store In The
Planned Development District — 14 (Violation Of This Ordinance Or
The Zoning Ordinance Of The City Of Port Arthur Is Punishable As
Provided In Section 1-13 Of The Code Of Ordinances As Amended
By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And
Providing For Publication In The Official Newspaper Of The City Of
Port Arthur And Effective Immediately After Publication Date. (Z15-
11 — Val C. Taylor, ET. AL.) SUP #228
(4) P.O. No. 6526 — An Ordinance Authorizing A Special Warranty Deed
For Conveyance Of Property To A Low Or Moderate Income
Resident Of The City Who Is Participating In The Hurricane Ike
Housing Reconstruction Program Though The Texas Department Of
Housing & Community Affairs (TDHCA)
(5) P.O. No. 6527 — An Ordinance Providing For The Conduct Of A
Special Election On May 7, 2016, To Submit A Proposition As To
Whether Or Not The City Charter Shall Be Amended In Accordance
With Chapter 271 Of The Texas Election Code, And Providing For
The Publication Of The Election Notice (Requested By
Councilmember Lewis)
(6) P.O. No. 6528 — An Ordinance Amending Ordinance No. 15-57,
Which Amended Section 25-100 Of The Code Of Ordinances-
Zoning, And The Appointment Of Members To The Zoning Board Of
Adjustments (Requested By Councilmembers Mosely, Lewis And
Scott)
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AGENDA
FEBRUARY 9, 2016
VIII. ADJOURNMENT OF MEETING
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NOTE: If The Meeting Extends Past 11:59PM, The City Council May Elect
To Recess The Meeting And Reconvene At 8:30AM On February 10, 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.