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HomeMy WebLinkAboutAPRIL 25, 2017 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAYOR E,u,gy. �J BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAN OR PRO TEM City of City CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD,TRMC TIFFANY L. HAMILTON CITY SECRETARI' MORRIS ALBRIGHT o!'1 !'L h !! !" KEITH RICHARD VAL TIZENO WILLIE"BAE" LEWIS,JR. Tc'.�as CITY ATTORNEN OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting April 25, 2017 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 April 25, 2017 5:30 P.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) Bishop Gerald A. Tervalon Regarding Voice of the People for { Continued Progress (2) Pamela Graham Regarding The Immediate Removal Of Silos For The Safety Of Residents Located Near West Procter Street B. Presentations (1) A Presentation By Mary Ann Reid Regarding Acadian Ambulance Services AGENDA APRIL 25, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation By Anthony DeBenedictis With BKD, LLP Regarding The City Of Port Arthur Forensic Audit (3) A Presentation By William McCoy President/CEO Of The Greater Port Arthur Chamber Of Commerce And Ron Arceneaux Corporate Secretary Of Arceneaux Wilson & Cole LLC Regarding Long Range Transportation In Port Arthur Streets And Roads (4) A Presentation By Arceneaux Wilson & Cole LLC Regarding The Delays On Bluebonnet, Woodworth, West 7th and 8th Streets (Requested By Mayor Freeman) (5) A Presentation By German Pellets Texas, LLC (Requested By Councilmember Lewis) (6) A Presentation By Public Works Director Armando Gutierrez Regarding The Street Program (7) A Presentation By Erica Banda Regarding Everlasting Changes C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARINGS — 6:00 P.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. 2 AGENDA APRIL 25, 2017 VI. CONSENT AGENDA — CONTINUED A. Expense Report (A1) Councilmember Tiffany Hamilton: i National League Of Cities Washington D.C. March 11 — 16, 2017 $3,430.52 (A2) Councilmember Keith Richard: National League Of Cities Washington D.C. March 11 — 16, 2017 $2,364.69 (A3) Councilmember Charlotte Moses: National League Of Cities Washington D.C. March 11 — 16, 2017 $3,501.95 B. Resolutions — Consent (1) P.R. No. 19673 — A Resolution Calling For A Public Hearing To Consider Amending The Zoning Ordinance To Add A Land-Use Description For Gaming Rooms, To Add Definitions For A "Gaming Room" And For A "Gaming Machine," And To Establish An Off- Street Parking Space Requirement (2) P.R. No. 19704 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Arceneaux Wilson & Cole LLC, To Provide Additional Construction Phase And Engineering Services For Phase I And Phase II Surface Water Treatment Plant Improvements Through December 31, 2017, In The Amount Of $516,428.00. Account No. 429-1258-532.54-00, Project No. WSIO-09 3 AGENDA APRIL 25, 2017 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 19737 — A Resolution Requesting The Ratification Of Repairs To Unit No. 1636, Caterpillar Trash Compactor, For The Public Works Department Landfill Division From Louisiana Machinery Of Lake Charles, Louisiana, In The Amount Of $42,492.56. Funds Are Available In The Public Works Department Landfill Division Vehicle Maintenance Account No. 403-1274- 533.43-00 (4) P.R. No. 19739 — A Resolution Authorizing The City Of Port Arthur To Support The Fiscal Year 2017 Texas Department Of Transportation Memorial Day "Click It Or Ticket" Program In The Amount Of $12,000.00 (No Match Required) (5) P.R. No. 19740 — A Resolution Supporting Acceptance Of The 2018 Texas Department Of Transportation Selective Traffic Enforcement Program (S.T.E.P.) Allocation In The Amount Of $44,000.00, With A 20% In-Kind Match (6) P.R. No. 19741 — A Resolution Authorizing The City Manager To Execute A Five Year Contract Between The City Of Port Arthur Police Department And Spectrum (Formerly Time Warner Cable) To Upgrade Existing Dedicated Internet Access, With A Projected Annual Budgetary Impact Of $25,920.00; Funding Available In Police Department's Utilities/Communication Account No. 001-1101- 521.61-03 (7) P.R. No. 19743 — A Resolution Authorizing The Calling Of A Public Hearing To Consider Whether Or Not Public Convenience And Necessity Require The Operation Of Proposed Taxi Business, Ricardo Taxi Service (8) P.R. No. 19745 — A Resolution Authorizing The City Manager To Execute A Contract Between The City And Imani Quality Concepts, LLC, Of Beaumont, Texas, For Rehabilitation Of The Property Located At 2248 12th Street With A Projected Budgetary Impact Of $40,569.50 Available In Account Number 105-1431-552.59-00 Project #C42115 4 AGENDA APRIL 25, 2017 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 19747 — A Resolution Terminating The Contract With Lone Star Outdoor Services, Inc. Of Lumberton, Texas, For Group C, At The Request Of Contractor, And Awarding The Contract To Amelia Lawn Care & Landscaping Of Groves, Texas, With A Projected Budgetary Impact Of $5,808.00 To Account Number 410-1253- 532.59-00 (10) P.R. No. 19750 — A Resolution Authorizing The Port Arthur Police Department To Accept A Donation Of $5,000.00 From Mardi Gras Of Southeast Texas For The Purchase Of Challenge Coins VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19744 — A Resolution Appointing Members To The Port Arthur Police Chief Advisory Committee (Requested by Mayor Pro Tem Scott) (2) P.R. No. 19749 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Moses) B. Ordinance — Non-Consent (1) P.O. No. 6616 — An Ordinance Authorizing The Conveyance Of The Property Located At 701 West Rev. Dr. Ransom Howard Also Known As West 7th Street In Port Arthur, Texas To Triangle Community Outreach, Inc. (Requested By Councilmember Lewis) (2) P.O. No. 6617 — An Ordinance Of The City Of Port Arthur Amending "Chapter 22 - Businesses" Of The Port Arthur Code Of Ordinances "Division XI — Gaming Sites And Gaming Machines" To Provide For The Regulation Of The Operation Of Amusement Gaming Machines Within The City Limits; Providing For A Penalty, Effective Date And For Publication 5 AGENDA APRIL 25, 2017 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6618 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2016 And Ending September 30, 2017 By $583,600.00 For The General Fund 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 April 26, 2017. 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.