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HomeMy WebLinkAboutNOVEMBER 29, 2016 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR Energy - BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of cin CITY MANAGER COUNCIL MEMBERS: ` I� SHERRI BELLARD,TRMC TIFFANY L. HAMILTON — CITY SECRETARY MORRIS ALBRIGHT o 1'1 I'!{1 Y[r KEITH RICHARD VAL TREND WILLIE"BAE" LEWIS,JR. -Texas CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG EN DA City Council Regular Meeting November 29, 2016 8:30 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 November 29, 2016 8:30 A.M. 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 — None B. Presentations (1) A Presentation By City Attorney Val Tizeno, Harriet Mitchell and Ales Flood Of The South East Texas Council On Alcohol & Drug Abuse Regarding A Proposed City Ordinance On Social Hosting Accountability (2) A Presentation By Warren Field Construction Board Chairman Regarding Explanations Concerning The Construction & Zoning Boards By-Laws Amendment Process (Requested By Councilmember Richard) i AGENDA 4 NOVEMBER 29, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) 2015 Employee Service Awards Presentation (4) A Presentation By City Manager Brian McDougal Of New City Staff Members; Armando Gutierrez, Public Works Director; LaRisa Carpenter, Public Information Officer; Patrick Melvin, Port Arthur Police Department Head; And Kandace Tappen, Assistant City Manager RECEPTION C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARINGS — 9:00 A.M. — NONE 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. A. Minutes (01) 10/26/2016 Special Executive Meeting (02) 11/14/2016 Special Meeting (03) 11/14/2016 Special Executive Meeting (04) 11/14/2016 Regular Meeting (05) 11/18/2016 Special Meeting (06) 11/21/2016 Special Meeting 2 AGENDA NOVEMBER 29, 2016 VI. CONSENT AGENDA — CONTINUED B. Resolutions — Consent (1) P.R. No. 19502 — A Resolution Authorizing The Purchase Of One Pierce Fire Engine For The Fire Department From Siddons-Martin I Emergency Group Of Denton, Texas, With Offices In Port Arthur, F Texas, Through The HGAC Buy Cooperative Purchasing Program In 1 The Amount Of $744,993.00. Funding Available In Account Number 625-1801-522.93-00 (2) P.R. No. 19562 — A Resolution Authorizing The City Manager To Enter Into A Janitorial Services Contract For Utility Service Center With Diamond Shine Of Port Arthur, Texas, With An Annual Projected Budgetary Impact Of $38,000.00. Funding Is Available In Account No. 410-1253-532.59-00 (3) P.R. No. 19568 — A Resolution Rejecting The Bids For Repair Clamps (Bid #16-041) For The Utility Operations Department And Authorizing Re-advertisement For Bids With Revised Specifications (4) P.R. No. 19596 — A Resolution Approving Payment In The Total Amount Of $95,227.11 For The TCEQ Annual Consolidated Water Quality Assessment Fees For All Three (3) Wastewater Treatment Facilities In The City Of Port Arthur Utility Operations Department Wastewater Treatment Division Account No. 410-1256-532.59-01 (5) P.R. No. 19597 — A Resolution Rejecting The Bids For Placement Of Hot-Mix Asphaltic Concrete (Bid No. P16-061) And Authorizing Re- Advertisement For Bids (6) P.R. No. 19598 — A Resolution Approving The FY 2017 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Division In The Amount Of $608,867.00 (7) P.R. No. 19600 — A Resolution Authorizing The City Manager To Reject The Bids For Areas A And E (Bid No. P16-056) For The Mowing Of Privately Owned And City Owned Developed And Vacant Lots In The City Of Port Arthur AGENDA NOVEMBER 29, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19594 — A Resolution Nominating A Member To The Board Of Directors Of The Orange County Appraisal District For The Remaining Portion Of The 2016 — 2017 Term, Due To A Vacancy (2) P.R. No. 19599 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee B. Ordinances (1) P.O. No. 6595 — An Ordinance Designating Friday, December 23, 2016, As A Legal Holiday (2) P.O. No. 6597 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2016 And Ending September 30, 2017 By $50,743.00 For The General Fund (3) P.O. No. 6598 — An Ordinance Authorizing The Issuance Of City Of Port Arthur, Texas, General Obligation Refunding Bonds, Series 2016; Setting Certain Parameters For The Bonds; Authorizing A Pricing Officer To Approve The Terms Thereof And Certain Other Procedures And Provisions Related Thereto (4) P.O. No. 6599 — An Ordinance Authorizing The Issuance Of City Of Port Arthur, Texas, General Obligation Refunding Bonds, Series • 2017; Setting Certain Parameters For The Bonds; Authorizing A Pricing Officer To Approve The Terms Thereof And Certain Other Procedures And Provisions Related Thereto 4 AGENDA NOVEMBER 29, 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 551.071 Government Code — To Discuss With The City Attorney Potential Litigation With John Hall Public Affairs (2) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements (3) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (4) Section 551.072 Government Code — To Discuss With The City Attorney Pending Litigation With Bridge City, Texas 5 AGENDA NOVEMBER 29, 2016 IX. 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 30, 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.