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Withdrawn For Individual Consideration In Its Normal Sequence After The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
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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
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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
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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
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AGENDA
MAY 3, 2016
IX. 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 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
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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.