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HomeMy WebLinkAboutJULY 26, 2016 REGULAR MEETING DERRICK FORD FREEMAN,MAYOR J BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City Of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC TIFFANY L.HAMILTON CITY SECRETARY MORRIS ALBRIGHT ort r 1 h r[r KEITH RICHARD VAL TREND WILLIE"BAE" LEWIS,JR. Texas CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AGENDA City Council Regular Meeting July 26, 2016 5:30 p.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. 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 July 26, 2016 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman 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 II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Jimmie Williams Regarding Our City Moving Forward (2) Sandra Womack Representing The Patriot Guard Riders In Support Of The Port Arthur Police Department (3) Kelvin Cormier Regarding Citizens Concerns (4) Rose Chaisson Regarding City Of Port Arthur Affairs 1 AGENDA JULY 26, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Terry Bay And Gerald Bemberg Of Colonial Pipeline And Tom Dubel And Dave Cockey Of Altus Group Regarding Project Condor 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: 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. Minutes 04/05/2016 Regular Meeting 04/13/2016 Special Executive Meeting 04/13/2016 Special Meeting 04/19/2016 Regular Meeting 04/26/2016 Special Meeting 2 AGENDA JULY 26, 2016 VI. CONSENT AGENDA — CONTINUED B. Expense Reports (B1) Councilmember Tiffany Hamilton: National League of Cities Board Leadership Meeting Kansas City, MO June 29 — July 1, 2016 $1,067.80 C. Resolutions — Consent (1) P.R. No. 19431 — A Resolution Authorizing The City Manager To Execute Addendum No. 2 To The Agreement With BKD, LLP Of Houston, Texas, For The Completion Of Phase Two Of The Forensic Audit, With A Projected Budgetary Impact Of $70,000.00; Funding Available In Account No. 001-1031-515.54-00 (2) P.R. No. 19440 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Advertise Its Marketing Campaign Billboard Build It, Ship It, And Rail It, In The Louisiana Market Using Bass Ltd. Billboard Of Lafayette, Louisiana, Through Four Alarm Productions Of Beaumont, Texas, At A Cost Not To Exceed $11,370.00. Funding Available In PAEDC Account No. 120-1429-582.59-06 (3) P.R. No. 19441 — A Resolution Authorizing The Acceptance Of The FY 2016 Emergency Management Performance Grant In The Amount Of $37,869.65 (4) P.R. No. 19446 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Excavators & Construction, LLC, Of Nederland, Texas, Increasing The Contract Amount By $47,657.68 To A New Contract Amount Of $343,760.94 And Increasing The Contract Term By 30 Days To A New Total Of 120 Days AGENDA JULY 26, 2016 VI. CONSENT AGENDA — CONTINUED (5) P. R. No. 19447 - A Resolution Authorizing The Second Year (1st Renewal) Of The Contract For The Purchase Of Water Treatment Chemicals For The Utility Operations Department With Mosaic Global Sales, LLC, Of Lithia, Florida, For The Same Unit Prices Currently Paid. Funds Are Available In Water Purification O&M Budget Account No. 410-1252-532.29-02 (6) P. R. No. 19448 - A Resolution Authorizing The Second Year (1st Renewal) Of The Contract For The Purchase Of Liquid Sodium Bisulfite For The Utility Operations Department With Calabrian Corporation Of Kingwood, Texas, For The Same Unit Prices Currently Paid. Funds Are Available In Utility Operations Account No. 410-1256-532.29-00 (7) P.R. No. 19449 — A Resolution Authorizing The Second Year (First Renewal) Of The Agreement With Crowder Gulf Of Theodore, Alabama For Debris Removal And Emergency Services For The City Of Port Arthur In The Event Of An Emergency Or Disaster (8) P.R. No. 19451 — A Resolution Authorizing A Contract Between The City Of Port Arthur And The Department Of State Health Services For Funds In The Amount Of $25,278.00 For Tuberculosis Prevention And Control (9) P.R. No. 19453 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (10) P.R. No. 19454 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For 10.00 Acres Of Land Consisting Of Tract 3, Block 10, Port Arthur Economic Development Corporation Business Park [A.K.A. 9655 Richard Wycoff Drive], Port Arthur, Jefferson County, Texas For Commercial Development Z16- 07 [SUP# 229] (11) P.R. No. 19455 — A Resolution Calling For A Public Hearing To Consider A Zoning Change From Single Family To Neighborhood Services For Approximately 0.2032 Acre Of Land Consisting Of The North 75' Of Reserved Tract, Allien Place [A.K.A. 3248 Procter Street], City Of Port Arthur, Jefferson County, Texas 4 AGENDA JULY 26, 2016 VI. CONSENT AGENDA — CONTINUED (12) P.R. No. 19459 — A Resolution Approving The FY 2017 Contract Between The City Of Port Arthur And The Department Of State Health Services, Immunization Branch-Locals In The Amount Of $162,630.00 (13) P.R. No. 19463 - A Resolution Authorizing The Third And Final Year Of The Contract With Farrwest Environmental Supply, Inc. Of Shertz, Texas, For The Lease, Calibration And Servicing Of Hazardous Materials Detection Equipment, In An Amount Not To Exceed $33,152.80. Funding Available In Fire Department Account No. 001-1121-522.42-00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19419 — A Resolution Appointing A Member To The Historical Landmark Commission (Requested By Councilmember Richard) (2) P.R. No. 19458 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur 4A Economic Development Corporation (Requested By Councilmember Richard) (3) P.R. No. 19460 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Councilmember Richard) B. Ordinances (1) P.O. No. 6554 — An Ordinance Authorizing The City Manager To Execute Settlement Of A Property Damage Claim In The Amount Of $14,150.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To A Ford Expedition #1821 i. AGENDA JULY 26, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED (2) P. 0. No. 6569 - An Ordinance Repealing Ordinance No. 13-32 As It Pertains To The Changing Of The Zoning From Two-Family Residential (2F) To Planned Development District No. 36 (PD-36) For A 15.25 Acre Tract Of Land Out Of The Lambert Addition Subdivision, Volume 5, Page 28, M.R.J.C., City Of Port Arthur, Jefferson County, Texas, Being Z13-04 (Requested By Councilmember Lewis) VIII. 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 July 27, 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.