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HomeMy WebLinkAboutMAY 17, 2016 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR Energy _ BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of city W. CITY MANAGER )4l COUNCIL MEMBERS: 40/ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON ort rt h u r MORRIS ALBRIGHT VAL TIZENO KEITH RICHARD Texas CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI CHARLOTTE MOSES AG E N DA City Council Regular Meeting May 17, 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 Council Meeting City Hall Council Chamber City Of Port Arthur May 17, 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 II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Dan W. Hardin, Regarding Smoking Ban (2) Linda Richardson, Regarding No Smoking Ordinance (3) Shana Provost, Regarding City Smoking Ban (4) Betty Nectoux, Regarding Smoking Ban That Includes Private Clubs (5) Jeff Childs, Regarding Smoking Ordinance (6) Kim DeJohn, Regarding Smoke-Free Air Ordinance (7) Lori Kleypas, Regarding Smoke-Free Air Ordinance 1 AGENDA MAY 17, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED (8) Clay A. Roy, Regarding Smoke Free Air Ordinance (9) Michelle "Honey" Hamilton / Dr. Levy Barnes, Regarding Smoke Free Air Ordinance (10) Norma Sampson, Regarding Smoke Free Air Ordinance B. Presentations (1) Darlene Thomas-Pierre, Acting Director Of Code Compliance Regarding Ike Round 2.2 Residential Demolition Only Project (Substantial Completion) C. Citizen Recognition — None D. Correspondence — None IV. PUBLIC HEARINGS — 9:00 A.M. — NONE i 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. AGENDA MAY 17, 2016 VI. CONSENT AGENDA — CONTINUED A. Resolutions — Consent (1) P.R. No. 19357 — A Resolution Authorizing The Third And Final Year Of The Contract For The Purchase Of Resilient Seat Valves, For The Utility Operations Department With MDN Enterprises Of New Caney, Texas, With A Projected Budgetary Impact Of $126,887.98. Funds Are Available In Account No. 410-1253-532.35-00 & 410- 1255-532.33-00 (2) P.R. No. 19361 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And ALLCO, LLC, Of Beaumont, Texas, For Project 4, Phase I Surface Water Treatment Plant Improvements, Increasing The Amount By $221,082.00, To A New Total Of $12,825,269.64, And The Contract Time By 75 Days For Additional Work, To A New Contract Completion Date Of June 29, 2016, Account No. 429- 1258-532.59-00, Project No. WSI008 (3) P.R. No. 19371 — A Resolution Authorizing Acceptance Of The Contractor's Certificate Of Guarantee And Contractor's Certificate And Release For The Sanitary Sewer Rehab By Pipe Bursting Methods At Brinkman Drive, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment (5% Retainage Fee) In The Amount Of $4,149.40; Account No. 427-1626-532.85-00 (4) P.R. No. 19374 — A Resolution Approving Closing The Economic Incentive Contract & Loan Agreement Between MPW Industrial Water Services, Inc., And The City Of Port Arthur Section 4A Economic Development Corporation (5) P.R. No. 19378 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 Between The City Of Port Arthur And ALLCO, LLC, Of Beaumont, Texas, For The Pleasure Island 24" Water Transmission Line From M.L.K. Bridge To Walter Umphrey State Park, Decreasing The Contract Amount By $694,181.28, To A New Total Of $11,684,391.32 AGENDA MAY 17, 2016 VI. CONSENT AGENDA — CONTINUED (6) P.R. No. 19382 — A Resolution Authorizing The City Manager To Make Payments For Quarterly Fees For Landfill Disposal To The Texas Commission On Environmental Quality (TCEQ) With A Projected Budgetary Impact Of $140,000.00. Funding Is Available In Account No. 403-1274-533.59-01, Public Works Landfill Division — Regulatory Fees/Fines (7) P.R. No. 19385 — A Resolution Rescinding Resolution No. 16-115 In Its Entirety As It Pertains To A Contract For The Highway 365 Sanitary Sewer Line Replacement For The Utility Operations Department With MK Constructors (8) P.R. No. 19389 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (9) P.R. No. 19390 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For The Highway 87 Water System Improvements From Keith Lake To Sabine Pass Standpipe Project And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment In The Amount Of $165,120.98, Account No. 429-1258-532.59-00, Project WSI002 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19391 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Hamilton) (2) P.R. No. 19342 — A Resolution Documenting That Pursuant To The Amendment Of Section 9 Of Article II Of The City Charter Approved At The May 2, 1992 City Election In The City Of Port Arthur, Texas, District 1 Councilmember Shall Serve As Mayor Pro Tern And Shall Act As Mayor During The Absence Or Disability Of The Mayor And Shall Serve As Mayor Pro Tern Until The Next Regular Election Of Councilmembers 4 AGENDA MAY 17, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances • (1) P.O. No. 6552 — An Ordinance Canvassing The Returns And Declaring The Results Of The General And Special Elections, Held On May 7, 2016 For The Purpose Of Electing A Mayor, And Declaring The Results Of A Special Election To Submit A Proposition Regarding The Implementation Of A Street Maintenance Sales Tax Election, And To Submit A Proposition To Determine Whether The Existing Type A Sales Tax Shall Be Utilized For Various Categories Of Projects Authorized For Type B Corporations Pursuant To Chapter 505 Of The Texas Local Government Code. Providing For The Publication Of The Election Notice, Ordering A Runoff Election For June 25, 2016, And Providing For Publication Of The Election Order Una Ordenanza De Escrutinio De Las Devoluciones Y Declarando Los Resultados De Las Elecciones Generales Y Especiales, El 7 De Mayo 2016, Para El Proposito De Elegir Un Alcalde, Y Declarando Los Resultados De Una Eleccion Especial Para Someter Una Propuesta En Relacion Con La Implementacion De Una Eleccion De Mantenimiento De La Calle De Impuestos De Venta Y Para Someter Una Propuesta Para Determinar Si El Tipo Existente De Impuesto • Sobre Ventas Se Debe De Utilizar Para Las Diversas Categor as De Proyectos Autorizados De Empresas Tipo B Conforme Al Capitulo 505 Del Codigo De Gobierno Local De Texas. Se Dispone La Publicacion De La Notificacion De La Eleccion, Ordenando Una Segunda Vuelta Para El 25 De Junio De 2016, Y Modo De Publicacion De La Orden De Eleccion • 5 r AGENDA MAY 17, 2016 VIII. SWEARING IN OF MAYOR PRO TEM IX. *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 551.071 Government Code To Discuss With The City Attorney Potential Litigation Regarding The Sabine Neches Waterway Direct Pipe Project (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 6 AGENDA MAY 17, 2016 X. WORKSHOP (1) To Discuss the following items: • Port Arthur Downtown Revitalization Plan • Port Arthur Comprehensive Plan • RESTORE! Funding (Texas Gulf Coast Region Grant Funding Opportunity) XI. 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 18, 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 ************************************************************ 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.