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HomeMy WebLinkAbout06/14/2016 REGULAR MEETING 8:30 AM DELORIS"BOBBIE"PRINCE,MAYOR Energy � BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of c fy CITY MANAGER )4l COUNCIL MEMBERS: 411P SHERRI BELLARD,TRMC TIFFANY L.HAMILTONCITY SECRETARY MORRIS ALBRIGHT Ort r t h u r KEITH RICHARD VAL TIZENO WILLIE"BAE"LEWIS,JR. Texas CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting June 14, 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 June 14, 2016 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tern Scott, Jr. Councilmember Hamilton Councilmember Albright, III Councilmember Richard Councilmember Lewis, Jr. Councilmember Swati Councilmember Moses Councilmember Frank City Manager McDougal City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Interim Police Chief Dunlap Or Designee E II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Warren Field Regarding Tampering With The City's Construction Board Destroys Its Ability To Render Objective And Credible Case Decisions In The Future (2) Jeremy Squiers Regarding Safety & Efficiency On The Streets (3) Anthony J. McDaniel Regarding The State Of Infrastructure Progress From The Attainment Of Single Member Districts Until Today. How Far Port Arthur Has Come Relative To Equity In The City iu i 1 AGENDA JUNE 14, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) An Update From Arceneaux Wilson & Cole Regarding City Projects With Texas General Land Office C. Employee Recognition (1) Judith Smith By Councilmember Frank (2) Sarah Johnson Glover D. Correspondence — None IV. PUBLIC HEARINGS — 9:00 A.M. — NONE V. UNFINISHED BUSINESS (1) P.R. No. 19399 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee For The Sabine Neches Waterway Direct Pipe Project To Serve The City Of Port Arthur, 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 $820,741.40 To Strike, LLC; Project No. WSI004, Account No. 429-1258-532.59-00 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. 2 AGENDA JUNE 14, 2016 VI. CONSENT AGENDA — CONTINUED A. Resolutions — Consent (1) P.R. No. 19279 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (2) P.R. No. 19335 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Sciens, LLC, Of McKinney, Texas, Through TIPS/TAPS, A Purchasing Cooperative, For An Information Technology Assessment And Development Of Citywide Five-Year Information Technology Strategic Plan, With A Projected Budgetary Impact Of $39,600.00. Account No. 001-1034- 515.54.00 (3) P.R. No. 19364 — A Resolution Awarding A One (1) Year Contract To Sprint Waste Solutions, LP Of Port Arthur, Texas, For The Rental Of Regular, Wheelchair Accessible, ADA Accessible And Portable Toilets With Hand Washing Stations On A Monthly Basis For The Parks And Recreation Department, In An Amount Not To Exceed $50,000.00. (Account No. 001-1207-531.51-00) (4) P.R. No. 19387 — A Resolution Authorizing The Execution Of A Memorandum Of Understanding Between Anchor Hotels, LLC, And The City Of Port Arthur To Share In The Cost For A Waterline Relocation Project. The City's Project Cost For Said Project Is $33,000.00; Funds Are Available In Account Number 410-15253- 532.35-00 (5) P.R. No. 19393 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $18,396.01 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Fire Pumper Truck #1897 (6) P.R. No. 19410 — A Resolution Authorizing The City Manager To Execute A One Year Contract With D6AS Of Port Arthur, Texas, For Grass Cutting Services Of Properties Acquired By The Housing & Neighborhood Revitalization Division Located In Designated Areas Of The City. The Projected Budgetary Impact Will Be $40,000.00. 3 AGENDA JUNE 14, 2016 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 19414 — A Resolution Authorizing The City Manager To Execute A Contract Extension For Professional Services Between The City Of Port Arthur And Ergonomics Transportation Solutions, Inc., Of Houston, Texas, To Provide The Engineering Design For A Traffic Signal At 9th Avenue And Lake Arthur Drive For No Additional Cost VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19368 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council (2) P.R. No. 19408 — A Resolution Approving The Funding Of The Conditional Loan/Grant And Permanent Loan By And Between Nautical Affordable Housing, Inc., And The City Of Port Arthur Section 4A Economic Development Corporation, For The Seahawk Landing Student Housing Project At Lamar State College Port Arthur, Pursuant To The $1,000,000.00 Conditional Loan/Grant Agreement And The $1,000,000.00 Permanent Loan To Seahawk Landing LLC (3) P.R. No. 19412 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Partnership With Reach Innovation Centers LLC, Lamar University CICE, City Of Port Arthur And T & L Solutions, LLC To Produce An Advanced Technology Symposium At A Reimbursable Cost Not To Exceed $15,000.00 (4) P.R. No. 19413 — A Resolution Approving Change Order No. 2 To The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Allco For Site Grading To Serve The Port Arthur Spur 93 Business Park 4 AGENDA JUNE 14, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances (1) P.O. No. 6553 — An Ordinance Authorizing The City Manager To Execute Settlement Of A Property Damage Claim In The Amount Of $63,808.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To An Automated Mack Garbage Truck #1629 (2) P.O. No. 6558 — An Ordinance Amending Chapter 94 "Stormwater Drainage System", Section 94-483 "Unlawful Deposits" Of The Code Of Ordinances: Providing For A Fine, Severability, Publication And An Effective Date (Requested By Councilmember Lewis) VIII. WORKSHOP (1) Discussion Regarding City Charter Review (Requested By Councilmember Hamilton) 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 s 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 5 AGENDA JUNE 14, 2016 IX. *CLOSED MEETING (EXECUTIVE SESSION) CONTINUED Closed Meeting: (1) Section 551.071 Government Code — To Discuss With The City Attorney Pending Litigation Between The City Of Port Arthur And Bridge City, Texas (2) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation Regarding The Sabine Neches Waterway Direct Pipe Project (3) Section 551.071 Government Code — Attorney Consultation To Provide Advice And Counsel In Connection With The City's Rights, Duties, Privileges, And Obligations In Connection With Pending Litigation And Negotiations With The Port Arthur Police Association (4) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Attorney (Requested by Councilmember Hamilton) (5) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Secretary (Requested by Councilmember Hamilton) (6) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential And/Or Business Prospects (Reach Innovation Center) (7) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Seahawk Landing, LLC) 6 AGENDA JUNE 14, 2016 X. 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 June 15, 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 Counci4 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.