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HomeMy WebLinkAboutNOVEMBER 14, 2016 REGULAR MEETING 5:30 PM /// DERRICK FORD FREEMAN,MAYOR Encrg>. BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of �'in W CITY MANAGER COUNCIL MEMBERS: it#1 SHERRI BELLARD,TRMC TIFFANY L.HAMILTON CITY SECRETARY MORRIS ALBRIGHT o r 1 r 1{t [[r KEITH RICHARD VAL TIZENO WILLIE"BAE" LEWIS,JR. c `ti CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting November 14, 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. City Council Meeting City Hall Council Chamber City Of Port Arthur November 14, 2016 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem 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: Police Chief Melvin Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Warren A. Field, Construction Board Chairman Regarding The Board's Recommendations To Secure The Integrity Of Both The Construction & Zoning Boards Of Adjustments & Appeals (2) Alicia Marshall Regarding The Babe Zaharias Golf Course B. Presentations (1) A Presentation By Eric Sullivan And Councilmember Hamilton Regarding A Proposed City Logo/Slogan AGENDA NOVEMBER 14, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation On The City Of Port Arthur Development Services Department Named The Recipient Of The American Planning Association — Texas Chapter 2016 Long Range Planning Award For The Port Arthur Downtown Revitalization Plan C. Employee Recognition (1) Police Officer Tomas Barboza And Police Office Luis Sanchez, Life Saving Award D. Correspondence — None IV. PUBLIC HEARING — 6:00 P.M. (1) The Purpose Of This Public Hearing Is To Discuss And Review Plans For The City Of Port Arthur, Texas Proposal To Institute Annexation Proceedings To Enlarge And Extend The Boundary Limits Of The City To Include The Following Described Territory, To-Wit: "BTP" (BASF Total Petrochemicals LLC, Total Petrochemicals & Refining USA, Inc., And BASF Corporation), BASF (Old Sandoz), Chevron Phillips Chemical Company, LP, Chevron USA, Flint Hills Resources Port Arthur, LLC (FHR PA), Oxbow Calcining, LLC., Praxair, Inc., (Located On The Property Of The Valero Refinery), Praxair, Inc., (Located On The Property Of The Motiva Refinery), Total Petrochemicals & Refining USA And Total Par, LLC, And Veolia ES Technical Solutions, LLC (The Map And Legal Descriptions Are Available For Review In The Office Of The City Secretary.) This is the First Public Hearing to Be Held By And Before The City Council Of The City Of Port Arthur, Texas, For All Persons Interested In The Above Proposed Annexation Pursuant To Chapter 43 Of The Texas Local Government Code. There Will Be An Opportunity To Discuss The Implementation Of Service Plans For The Extension Of Full Municipal Services To Areas In The City Of Port Arthur's Extraterritorial Jurisdiction That Are Being Considered For Annexation At Which Persons Interested In The Annexation Are Given The Opportunity To Be Heard (Continued On Page 3) AGENDA NOVEMBER 14, 2016 (Continued From Page 2) Additionally, Entergy Has Metering Locations And Substations In The City's Extraterritorial Jurisdiction (ETJ) And In These Industrial Areas That The City Seeks To Annex 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 11/01/2016 Regular Meeting B. Expense Reports (B1) Assistant City Secretary Kelly Moore: 2016 Open Government Conference San Marcos, TX October 23 — 25, 2016 $746.70 (B2) City Secretary Sherri Bellard: Texas Municipal Clerks Conference Galveston, TX October 26 — 28, 2016 $1,033.55 4 AGENDA NOVEMBER 14, 2016 VI. CONSENT AGENDA — CONTINUED C. Resolutions — Consent (1) P.R. No. 19461 — A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The Purchase Of Badger Meters For The Utility Operations Department With Rural Pipe & Supply Of Jasper, Texas; With A Projected Budgetary Impact Of $120,000.00. Funds Are Available In Account No. 410-1253-532.35-00 & 414- 1621-532.85-00 (2) P.R. No. 19462 — A Resolution Authorizing The Execution Of Contract For The Purchase Of Sensus Meters For The Utility Operations Department With Aqua Metric Sales Company Of Schertz, Texas In The Amount Of $280,000.00. Funds Are Available In Utility Operations Account Nos. 410-1253-532.35-00 & 414- 1621-532.85-00 (3) P.R. No. 19538 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract For Grass Cutting Services At The Highway 73 Business Park With Affordable Lawn & Tractor Service Of Port Arthur, Texas, In The Amount Not To Exceed $10,000.00. EDC Account No. 120- 1429-582.59-02 (4) P.R. No. 19540 — A Resolution Authorizing Acceptance Of The Transfer Of Ten (10) Orion VII Fixed Route Buses From The Regional Transit Authority To Port Arthur Transit (5) P.R. No. 19551 — A Resolution Approving A Contract Between The City Of Port Arthur And Southeast Texas Arts Council (SETAC) For The Purpose Of Funding SETAC For The 2016-2017 Fiscal Year In The Amount Of $30,000.00, Account No. 140-1405-551.59-00, M97901 (6) P.R. No. 19571 — A Resolution Authorizing The City Manager To Reject The Bids For Areas B,C,D and F (Bid No. P16-056) For The Mowing Of Privately Owned And City Owned Developed And Vacant Lots In The City Of Port Arthur 4 AGENDA NOVEMBER 14, 2016 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 19585 — A Resolution Calling For A Public Hearing To Consider Amending The Zoning Ordinance To Clarify That Townhome Developments Are Allowed In The City Of Port Arthur Z16-09 (8) P.R. No. 19590 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Crime Coverage Claim In The Amount Of $279,921.20 Under The City's Coverage With Texas Municipal League Intergovernmental Risk Pool (TMLIRP) VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19591 — A Resolution Authorizing The City Manager To Execute The First Year Of The Contracts With J.M. Kaufman, Redwine Enterprises And Mid County Land Company, LTD. Of Port Arthur, Texas, And Ross Ridge Sand Company, LP Of Vidor, Texas For The Excavating And Hauling Of Materials With The Option Of Renewal For Two Additional One Year Periods With Prices Being Adjusted According To The Transportation Consumer Price Index, With A Projected Budgetary Impact Of $800,000.00 Per Year. Funding Available In Landfill Construction Account 403-1274- 533.59-02 VIII. ADJOURNMENT OF MEETING *************************************************** NOTE: If The Meeting Extends Past 11:59 PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30 AM On November 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 *************************************************** 5 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.