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HomeMy WebLinkAboutMAY 3, 2016 8:30 AM DELORIS"BOBBIE"PRINCE,MAYOR Energy ; BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of Cisv CITY MANAGER COUNCIL MEMBERS: 49/ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON O r t r t h u r Texas MORRIS ALBRIGHT VAL TIZENO KEITH RICHARD CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI CHARLOTTE MOSES AG E N DA City Council Regular Meeting May 3, 2016 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. City Coundl Meeting City Hall Coundl Chamber City Of Port Arthur May 3, 2016 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 Richard 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. PL i i i IONS&COMMUNICATIONS A. Speakers (1) Warren Field Regarding City Surface Water Run-Offs (2) Jeffrey P. Childs Regarding Private Club Businesses / Smoking Ordinance B. Presentations — None C. Citizen Recognition — None D. Correspondence — None AGENDA MAY 3, 2016 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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. Expense Reports (A1) Mayor Deloris Prince: The South East Texas Regional Planning Commission Meeting r Beaumont, TX April 20, 2016 $26.35 B. Resolutions — Consent (1) P.R. No. 19359 — A Resolution Authorizing The Execution Of A Contract For The Construction Of The Landfill North Detention Basin Between The City Of Port Arthur And SWAT, Inc., Of Winnie, Texas, In The Amount Of $977,352.00. Funds Are Available In Account No. 403-1274-53:3.59-02 (2) P.R. No. 19363 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Sprint Waste Services Of Port Arthur, Texas, For Leachate Hauling At The City Landfill For A Fee Of $70.00 Per Hour, With A Projected Budgetary Impact Of $100,000.00 For This Year, With The Subsequent Two Year Rate Adjusted According To The Consumer Price Index Category "Transportation". Account No. 403-1274- 533.59-00, Public Works Landfill Division — Equipment Rental i 2 AGENDA MAY 3, 2016 VI. CONSENT AGENDA— CONTINUED (3) P.R. No. 19365 — A Resolution Authorizing The Police Chief And Fire Chief To Apply For The 2016 Port Security Grant (4) P.R. No. 19366 — A Resolution Authorizing The City Manager To Enter Into A Contract With Southern Counties Oil Company, A California Limited Partnership DBA SC Fuels Of Orange, California, For The Purchase Of Ultra Low Sulfur Diesel Fuel, With An Estimated Budgetary Impact Of $350,000.00. Funding Is Available In Transit Account Numbers: 401-1501-561.24-00 And 401-1506- 561.24-00 (5) P.R. No. 19369 — A Resolution Approving The FY 2016 Contract Between The City Of Port Arthur And The Texas Health And Human Services Commission Not To Exceed The Amount Of $140,000.00 (6) P.R. No. 19379 — A Resolution Authorizing The Amendment To The Contract From BKD, LLP Of Houston, In The Total Amount Of $30,311.99 For Completion Of Phase One Of Forensic Audit. Funding Available In Account No. 001-1031-515-54-00 (7) P.R. No. 19380 — A Resolution Authorizing The City Manager To Enter Into Contract With N&T Construction Of Port Arthur, Texas For Improvements To The Pavilion And People's Park In The Amount Of $832,500.00. Funds Available In PAEDC Account No. 120-1429-582.59-05-4B In The Amount Of $600,000.00; City Match Of $362,800.00; And A $10,000.00 Contribution From The Port Arthur Mardi Gras Planning Committee. This Project Also Includes Funds For A 10% Contingency Making The Total Cost $972,800.00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19284 — A Resolution As It Pertains To A Consultant Agreement With Griffith, Moseley, Johnson & Associates, Inc., For Professional Consulting Services 3 AGENDA MAY 3, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 19375 — A Resolution For The City Council To Review Charter For Proposed Charter Amendments (Requested By Councilmembers Hamilton And Swati) (3) P.R. No. 19376 — A Resolution Pertaining To An Agreement Between The City Of Port Arthur And The Parker Law Firm. Funding Available In Account No. 001-1003-512.59-00, Project No. M97913 (4) P.R. No. 19377 — A Resolution Nominating A Member To The Board Of Directors Of The Jefferson County Appraisal District For The Remaining Portion Of The 2016 — 2017 Term, Due To A Vacancy B. Ordinances (1) P.O. No. 6550 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2015 And Ending September 30, 2016 By $372,800.00 To Fund A 4B Development Project For People's Park And Capital Improvement Project, Increasing Transfers-Out Of The General Liability Insurance Fund By $362,800.00 Into The Economic Development Corporation Fund, Recognizing A Contribution From The Mardi Gras Planning Committee In The Amount Of $10,000.00; For The Funding Of The Contract For Architectural Professional Services In The Amount Of $972,800.00 With $600,000.00 Appropriated In The Economic Development Corporation Fund 4B 4 AGENDA MAY 3, 2016 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 Closed Meeting: (1) Section 551.072 Government Code — To Discuss The Value Of The Land Located On A Portion of Land Referred To As "Old Canal R.O.W." (2) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager (3) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Attorney (4) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Secretary (5) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The Municipal Court Judge 5 AGENDA MAY 3, 2016 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 May 4, 2016. 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 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.