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HomeMy WebLinkAboutSEPTEMBER 26, 2017 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAI ORF_nergv'` BRIAN McDOI GAL CAL J.JONES,MANOR PRO TEM City of 'CI ` CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD."I'RMC RAYMOND SCOTT..IR. CITY SECRETARI THOMAS J. KINLAII', 111 O t"t ►"t It a I" HAROLD DOUCET,SR. VAL TIZENO WILLIE"BAE" LEWIS,JR. Tc°xa.c CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting September 26, 2017 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 September 26, 2017 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem Jones Councilmember Scott, Jr. Councilmember Kinlaw, III Councilmember Doucet, Sr. 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) Greg Richard Regarding Pumping And Drainage In Port Arthur B. Presentations (1) A Presentation By Tony Broussard Of Waste And Recycling Impact LLC Regarding The Use Of Shredders For C And B Construction Debris (Requested By Councilmember Lewis) C. Employee Recognition — None D. Correspondence — None 1 AGENDA SEPTEMBER 26, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion — 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The • Items Not Requiring Separate Discussion Have Been Acted Upon.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 August 15, 2017 Special Executive Meeting August 15, 2017 Regular Meeting August 29, 2017 Regular Meeting September 5, 2017 Special Meeting September 12, 2017 Special Executive Meeting September 12, 2017 Regular Meeting September 18, 2017 Regular Meeting B. Resolutions — Consent (1) P.R. No. 19870 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee For Rehabilitation Of The Port Acres Wastewater Treatment Plant And Authorizing The City Manger To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur And Approval Of Final Payment (5% Retainage Fee) In The Amount Of $126,086.37; Fund Available In Account Nos. 428-0000-205.00-00; And 428- 1625-532.83-00. Project 15-293 AGENDA SEPTEMBER 26, 2017 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 19877 — A Resolution Authorizing The Payment To Computer Information Systems, Inc. (CIS) Of Skokie, Illinois For The Annual License Renewal Fee For Maintenance Of The Police And Fire Department Computer Aided Dispatch, Record Management System And MCS/AVL Server, In The Amount Of $49,109.13; Funding Available In Police Department Radio System CO-OP Account No. 001-1101-521.72-00 (3) P.R. No. 19888 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract With Agape Cleaning Enterprises, Inc., Of Houston, Texas, For Janitorial Services For The Health Department With An Annual Projected Budgetary Impact Of $34,926.60. Funds Budgeted In The Proposed FY 2018 Building Maintenance Account, No. 001-1301-541.32-00 (4) P.R. No. 19894 — A Resolution Authorizing The City Manager To Enter Into An Agreement With The State Of Texas Pursuant To The 2018 Selective Traffic Enforcement Program (S.T.E.P.) Grant In The Amount Of $41,403.00 With An In-Kind Match Amount Of $19,756.92 (5) P.R. No. 19896 — A Resolution Approving An Economic Incentive Contract & Loan Agreement Between KLV Ventrures, Inc., And The City Of Port Arthur Section 4A Economic Development Corporation (6) P.R. No. 19897 — A Resolution Authorizing The Port Arthur Economic Development Corporation To Enter Into A Professional Service Contract With Haddon + Cowan Architects Collaborative, Of Austin, Texas, With Vince Hauser As The Design Team Manager In An Amount Not To Exceed $31,500.00 Plus Reimbursable Expenses Not To Exceed $5,000.00 (7) P.R. No. 19898 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into A Standard Form Of Agreement With SETEX Construction Corporation For Phase 1 Construction Of The 2nd Floor Build-Out At 501 Procter Street At A Cost Not To Exceed $167,200.00 Funds Available In EDC Account #120.1429.582.59-01 AGENDA SEPTEMBER 26, 2017 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 19899 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Provide $35,000.00 In Administration Reimbursement To The City Of Port Arthur And That The City Council Deems It Appropriate To Provide These Funds To City Of Port Arthur Small Business Micro-Loan Program Being Administered By PAEDC (9) P.R. No. 19901 — A Resolution Authorizing The Third And Final Year Renewal Of The Contact With Calabrian Corporation Of Kingwood, Texas For The Purchase Of Liquid Sodium Bisulfite For The Utility Operations Department With A Projected Budgetary Impact Of $98,580.00. Funds Are Available In Utility Operations Account No. 410-1256-532.29-00 I e (10) P.R. No. 19903 — 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. (S): 614-1701- I 583.54-00 (Health Insurance Fund) (11) P.R. No. 19906 — A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement With The Port Arthur Independent School District (PAISD) For The School Crossing Guard Program, With A Projected Annual Budgetary Impact Of $45,000.00; Funding Available In Police Department's Professional Services Account No. 001-1101-521.54-00 (12) P.R. No. 19915 — A Resolution Authorizing The Third Year (First Renewal) Of The Contract With McCreary, Veselka, Bragg & Allen, P.C., Of Round Rock, Texas, For Collection Of Municipal Court Fines (13) P.R. No. 19916 — A Resolution Authorizing The Evaluation, Inspection, And Site Assessment Of Sanitary Sewer Lift Station Control Panels And SCADA System In All 57 Stations By Epic Engineering, Of Orange, Texas For The Projected Budgetary Impact Amount Of $175,000.00; Funds Available In Hurricane Account No. 147-2300-901.54-00, Contract #082617 4 AGENDA SEPTEMBER 26, 2017 VI. CONSENT AGENDA — CONTINUED (14) P. R. No. 19917 - A Resolution Authorizing The City Manager To Enter Into An Agreement With Houston Freightliner, Inc. Of Houston, Texas, For The Purchase Of Nine (9) 2018 Freightliner 108SD With The Palfinger Body (Trash Trucks) For Replacement Due To Hurricane Harvey, With A Projected Budgetary Impact Of $1,798,533.00, Funding Available In Account Number 147-2300- 901.92-00, Project No. 082617 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19904 — A Resolution Approving An Industrial District Agreement With Colonial Pipeline Company (2) P.R. No. 19907 — A Resolution Appointing Or Reappointing A Member To The Planning And Zoning Commission (3) P.R. No. 19908 — A Resolution In Support Of Efforts To Request That Governor Abbott Call An Immediate Special Session To Release Rainy Day Funding To The Gulf Coast Community (Requested By Councilmember Kinlaw) (4) P.R. No. 19918 — A Resolution Approving The Application Of Concord EMS For An Ambulance Agreement (Requested By Councilmember Lewis) B. Ordinance — Non-Consent (1) P.O. No. 6641— An Ordinance Amending Article III (Electrical Code) Of Chapter 18 (Buildings), Section 18-72 With Regard To The Definition Of One Or Two Family Dwelling Unit Electrician (Residential Wireman) Of The Code Of Ordinances Of The City Of Port Arthur; Providing A Penalty For Violations By Fine Not Exceeding Five Hundred Dollars, As Provided In Section 18-81 Of This Code Or As May Be Otherwise Imposed By State Law; Providing A Savings Clause; And Providing For Publication And An Effective Date Immediately After Publication. (Requested By Councilmember Lewis) AGENDA SEPTEMBER 26, 2017 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 Pending Litigation With John Hall Public Affairs, Inc. (2) Section 551.071 Government Code — Attorney Consultation To Provide Advice And Counsel In Connection With The City's Rights, Duties, Privileges, And Obligations In Connection With Pending Negotiations With The Port Arthur Fire Firefighters IAFF Local No. 397 (3) Section 551.071 Government Code — Attorney Consultation To Provide Advice And Counsel In Connection With The City's Right, Duties, Privileges, And Obligations In Connection With A Grievance Filed By The Port Arthur Police Association (4) Section 551.071 Government Code — To Discuss With The City Attorney Pending Claims And Potential Litigation Asserted Against The City Related To Hurricane Harvey 6 AGENDA SEPTEMBER 26, 2017 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (5) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager (Requested by Councilmember Doucet) (6) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Colonial Pipeline Company) (7) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (AWC, Inc. and Motion Industries, Inc.) *The Items In Executive Session May Be Discussed And Acted On In Open Session IX. 2017-2018 BUDGET WORKSHOP Review And Discussion Of The City Of Port Arthur's Proposed Fiscal Year 2017-2018 Budget X. 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 September 27, 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 ************************************************************ 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.