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HomeMy WebLinkAboutDECEMBER 27, 2016 REGULAR MEETING DERRICK FORD FREEMAN,MAYOR Energy BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of cll. CITY MANAGER COUNCIL MEMBERS: 0.1 SHERRI BELLARD,TRMC TIFFANY L.HAMILTON CITY SECRETARY MORRIS ALBRIGHT o r t rt h r[t KEITH RICHARD VAL TIZENO WILLIE"BAE" LEWIS,JR. Ielcts CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting December 27, 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 December 27, 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: Police Chief Melvin Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Warren Field Regarding The Historical Politics Of The Port Arthur C- PAC Regarding City Campaigns It Financed And Its Proxy Control Of City Staff Seats B. Presentations — None C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARINGS — 9:00 A.M. — NONE 1 AGENDA DECEMBER 27, 2016 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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) 11/29/2016 Regular Meeting (02) 12/05/2016 Special Executive Meeting (03) 12/13/2016 Regular / Special Executive Meeting B. Expense Reports (B1) Councilmember Willie Lewis: National League Of Cities Conference Pittsburgh, PA November 15 — 20, 2016 $2,605.87 C. Resolutions — Consent (1) P.R. No. 19559 — A Resolution Authorizing The Purchase Of A 2017 F-350 Pickup Truck With A Service Body For The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, Through Buyboard, In The Total Amount Of $34,870.50. Funds Are Available In Equipment Account No. 410-1253-532.92-00 (2) P.R. No. 19589 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For Construction Of The 24" Water Transmission Line On Pleasure Island/MLK Bridge To Walter Umphrey State Park 2 AGENDA DECEMBER 27, 2016 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 19614 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Excavation And Construction, LLC Of Port Arthur, Texas For 4th Street Improvements From Stadium Road To Duff Drive, With A Projected Budgetary Impact Of $888,612.74 Funding Available In CDBG Account No. 105-1431-552.86-01, Project #4THST1 (4) P.R. No. 19621 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Advertise A Local Marketing Campaign On Three (3) Billboards In Port Arthur, Texas That Advertise Economic Development Starts At Home For Six (6) Months During Fiscal Year 2016 — 2017 At A Cost Not To Exceed $14,203 ($7,000.00 From Account Number 120-1429- 582.59-06 And $7,203.00 From Account Number 120-1429-582.53- 00 (5) P.R. No. 19622 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract For Grass Cutting Services At The Spur 93 Business Park With Joey's Tractor Service Of Port Arthur, Texas At A Cost Not To Exceed $20,790.00 (Account Number 120-1429-582.59-02) (6) P.R. No. 19626 — A Resolution Authorizing The 2016-2017 Orange County Appraisal District Funding Allocation In An Amount Of $20,699.00. Account No. 001-1031-515.54-00 (7) P.R. No. 19637 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount of $5,376.91 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Solid Waste Trash Truck #1906 3 AGENDA DECEMBER 27, 2016 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 19638 — A Resolution Authorizing The City Manager To Enter Into A New Maintenance Agreement With DDS Corporation Of Southfield, Michigan, For The Annual License Renewal Fee For Maintenance, Updates, Equipment And Software Support On The Police/Fire Dispatch Center Voice Recorder, With An Annual Projected Budgetary Impact Of $17,500.00, And A Onetime Fee Of $2,750.00 For Shipping And Installation Charges; Funding Available In Police Department Account No. 001-1101-521.72-00 (9) P.R. No. 19641 — A Resolution Amending Resolution 16-285 For The Purchase Of A Gradall Excavator From Associated Supply Company, Inc. Of Beaumont, Texas To Houston Freightliner Of Houston, Texas, Under The Buyboard Contract No. 424-13, For The Public Works Department Drainage Division In The Amount Of $244,057.54. Funding Available In Account Numbers 625-1801- 531.93-00, Project Number FH1601 And 001-1204-531.92-00, Equipment (10) P.R. No. 19644 — A Resolution Authorizing The City Manager To Execute A Letter Of Engagement With Whitley Penn, LLP, As Independent Auditor For The City Of Port Arthur For The Year Ending September 30, 2016, With A Projected Budgetary Impact Of $108,700.00. Funding Available In Finance Department Professional Services Account No. 001-1031-515.54-00 (11) P.R. No. 19645 — A Resolution Authorizing Additional Funding For The Independent Audit For Fiscal Year Ending September 30, 2015 For The City Of Port Arthur Performed By Whitley Penn, LLP, In An Amount Of $35,000.00. Funding Available In Finance Department Professional Service Account No. 001-1031-515.54-00 4 AGENDA DECEMBER 27, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19611 — A Resolution Authorizing The Award Of Bid And The Execution Of A Contract With Allco, LLC, Of Beaumont, Texas, For The FM 365 Sanitary Sewer Line Replacement Project — Approximately 3000 Linear Feet From El Paso Avenue To 1901 FM 365 Lift Station In The Amount Of $599,825.00; Funding Available In Account 410-1255-532.83-00 (2) P.R. No. 19620 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation's Second Amendment To The Chief Executive Officer Employment Agreement With Floyd Batiste B. Ordinances (1) P.O. No. 6590 — An Ordinance Amending Chapter 110 (Utilities), Sections 110-97, 110-98, 110-99 Of The Code Of Ordinances Of The City Of Port Arthur, As It Pertains To Procedures For Adjustment Of Water Bills For Residential And Commercial Customers, And Providing For Publication (2) P.O. No. 6603 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To A Low Or Moderate Income Resident Of The City Who Is Participating In The Hurricane Ike Housing Reconstruction Program Through The Texas Department Of Housing & Community Affairs (TDHCA) VII. 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 December 28, 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 Councif; 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.