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HomeMy WebLinkAboutSEPTEMBER 6, 2016 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR -a BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of ��` CITY MANAGER COUNCIL MEMBERS: 41& SHERRI BELLARD,TRMC TIFFANY L.HAMILTONr— CITY SECRETARY MORRIS ALBRIGHT o r t r t h ll r KEITH RICHARD VAL TIZENO WILLIE"BAE"LEWIS,JR. Ti,.xas CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting September 6, 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 September 6, 2016 8:30 A.M. 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) Earl Benjamin Regarding Port Cities Rescue Mission (2) Wanda Charles Regarding Port Cities Rescue Mission (3) Ken Hill Regarding Port Cities Rescue Mission B. Presentations — None AGENDA SEPTEMBER 6, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition (1) Employee Ralloda McClain-Lee Of The Section 4A Economic Development Corporation (IEDC Award) (Requested By Councilmember Hamilton) (2) Employee Lacy Brown Of The Port Arthur Health Department (PA News Best City Employee) (Requested By Councilmember Hamilton) D. Correspondence — None IV. PUBLIC HEARINGS — 9:00 A.M. (1) To Consider A Property Tax Rate Of $0.792000 Per $100 Valuation Has Been Proposed For Adoption By The Governing Body Of City Of Port Arthur. This Rate Exceeds The Lower Of The Effective Or Rollback Tax Rate, And State Law Requires That Two Public Hearings Be Held By The Governing Body Before Adopting The Proposed Tax Rate. 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. 2 AGENDA SEPTEMBER 6, 2016 VI. CONSENT AGENDA — CONTINUED A. Expense Reports (A1) Mayor Derrick Freeman: Newly Elected Officials Orientation San Antonio, Texas August 17 — 18, 2016 $1,092.44 B. Resolutions — Consent (1) P.R. No. 19470 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 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 $5,000.00, To A New Total Of $11,679,391.32 (2) P.R. No. 19484 — A Resolution Authorizing The City Manager To Accept The Architect's Certificates Of Substantial Completion From The Labiche Architectural Group, Inc., For The Improvements To Griffing Park And Herman Park (3) P.R. No. 19494 — A Resolution Authorizing The City Manager To Execute An Interlocal Contract With The City Of Beaumont, Jefferson County, Jasper County, And Orange County To Secure Grant Funding From The State Of Texas Automobile Theft Prevention Authority For Operation Of The Southeast Texas Auto Theft Task Force (4) P.R. No. 19495 — A Resolution Authorizing The City Manager To Execute Amendment No. 3 To The Neighborhood Stabilization Program 1 Program Income, ("NSP1-PI") Reservation System Participation Agreement No. 77090003154 To Provide For The Continuation Of Reimbursements Of Eligible Expenses And Close On Remaining Land Bank Properties Under The Existing NSP 1 Contract Number 77090000154 3 AGENDA SEPTEMBER 6, 2016 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 19496 — A Resolution Authorizing The Execution Of Community Development Block Grant Contracts Between The City Of Port Arthur And The Nonprofit Service Organizations For Public Service Activities In The Amount Of $74,000.00 This Being $5,000.00 For Gift Of Life; $10,000.00 For Nutrition And Services For Seniors; $27,000.00 For Catholic Charities; And $32,000.00 For Program Of Health Excellence For The Benefit Of The Low And Moderate Income Residents Of The City (6) P.R. No. 19497 — A Resolution Authorizing A Contract With Jesse Branick As The City Prosecutor; Funding Available In Account No. 001-1021-514.54-02 (7) P.R. No. 19498 — A Resolution Authorizing The City Manager To Enter Into An Agreement With The LaBiche Architectural Group, Inc., Of Beaumont, Texas, For The Development Of Professional Plans For Repairs To Rose Hill Manor And Submission To The Texas Historical Commission, As Well As Working With The Texas Historical Commission For Approval, For A Fixed Fee Of $66,000.00, Plus Reimbursable Expenses Not To Exceed $1,500.00. Funds Are Available In Account No. 140-1405-551.59-00 (8) P.R. No. 19499 — A Resolution Authorizing The City Manager To Execute Contracts Between Its Third Party Administrator (Administrative Services Only) For The City Of Port Arthur Group Medical, Dental Insurance; For Basic Life; For Basic Accidental Death And Dismemberment; And Excess Loss Indemnity With Blue Cross And Blue Shield Of Texas, Inc., Fund No. (5): 614-1701- 583.54-00 (Health Insurance Fund) (9) P.R. No. 19500 — A Resolution Authorizing The City Manager To Execute A Settlement Agreement Between The City Of Port Arthur And Farm Bureau Insurance Company Pertaining To A Personal Injury Subrogation Claim In The Amount Of $20,000.00 4 AGENDA SEPTEMBER 6, 2016 VI. CONSENT AGENDA — CONTINUED (10) P.R. No. 19501 — A Resolution Amending The FY 2016 Inter-Local Agreement Between The Texas Health And Human Services Commission And The City Of Port Arthur For The Nurse Family Partnership Program To Extend The Contract Period To August 31, 2017, Increasing Funds In The Amount Of $580,633.00 (11) P.R. No. 19503 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1742 Stn Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (12) P.R. No. 19507 — A Resolution Authorizing The Purchase Of A F-250 Diesel Pickup Truck With A Service Body For The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, Through Buyboard, In The Total Amount Not To Exceed $39,266.50. Funds Are Available In Equipment Account No. 410-1253-532.92-00 (13) P.R. No. 19508 — A Resolution Authorizing The Purchase Of A F-250 Pickup Truck With A Service Body For The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, Through Buyboard, In The Total Amount Not To Exceed $33,624.80. Funds Are Available In Equipment Account No. 410-1253-532.92-00 (14) P.R. No. 19509 — A Resolution Authorizing The Purchase Of A F-750 6 Yard Dump Truck For Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, Through Buyboard, In The Total Amount Not To Exceed $72,880.60. Funds Are Available In Equipment Account No. 410-1253-532.92-00 (15) P.R. No. 19511 — A Resolution Awarding A Contract To Total Safety, U. S., Inc., Of Port Arthur, Texas, For Asbestos And Lead Abatement Consulting Services, To Be Charged To Account No. 001-1052-517.54-00 (General Fund) 5 AGENDA SEPTEMBER 6, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19504 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council (Requested By Councilmember Moses) (2) P.R. No. 19506 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Councilmember Moses) B. Ordinances (1) P.O. No. 6581 — An Ordinance Authorizing The Execution Of A Special Warranty Deed To James And Donna Wade As It Pertains To The Property Located At 580 Pleasure Pier Boulevard; Also Locally Known As Pleasure Island Sea Cabins (2) P.O. No. 6582 — An Ordinance Authorizing A Joint Election Agreement Between The City Of Port Arthur And Jefferson County Pertaining To The Conduct Of The November 8, 2016 Special Election Una Ordenanza Autorizando Un Acuerdo De Una Eleccion Conjunta Entre La Ciudad De Port Arthur y Condado de Jefferson Relacionado A La Realizacion De La Eleccion Especial Del 8 De Noviembre, 2016 6 AGENDA SEPTEMBER 6, 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 In The City's Extraterritorial Jurisdiction (ETJ) (2) Section 551.072 Government Code — To Discuss The Value Of The Land Located In The 300 Block Of Procter (Requested by Councilmember Hamilton) 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 September 7, 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. Svecific 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.