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HomeMy WebLinkAboutSEPTEMBER 11, 2018 REGULAR MEETING DERRICK FORD FREEMAN,MAYOR � HARVEY" ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEM City of INTERIM CITY MANAGER COUNCIL MEMBERS: / SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. o 1'1 Y 1/1 ll ..` CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. T� xas VAL"I IZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK AG EN DA City Council Regular Meeting September 11, 2018 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 September 11, 2018 5:30 P.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem Kinlaw, III Councilmember Scott, Jr. Councilmember Jones Councilmember Doucet, Sr. Councilmember Moses Councilmember Frank Interim City Manager Robinson City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Joseph Theall Regarding Flooding In Vista Village And Surrounding Areas (2) Lelo Washington Regarding Flooding In Vista Village And Overtime Man Power Due To Onset Storms (3) Brandon Hebert And Clifton Allen Regarding Ambulance Service In Port Arthur (4) Devin Woods And Brandon Hill Regarding Dangerous Condition Existing At HEB AGENDA SEPTEMBER 11, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Vivian Ballou Regarding Legacy CDC Regarding A Status Update On The Downtown Housing Program (2) A Presentation By Dr. Richard A. Johnson, III Of Disaster Humanitarian Services Regarding The "Ride To Recovery" Event Scheduled For October 13, 2018 (3) A Presentation By Mary Essex Regarding The Brownfield Assessment Grant Award From The U.S. Environmental Protection Agency (EPA) (4) A Presentation By Floyd Batiste Regarding An Overview Of The Downtown Revitalization Project C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. None V. UNFINISHED BUSINESS (1) P.R. No. 20416 — A Resolution Nominating A Member To The Board Of Directors Of The Jefferson County Appraisal District For The Remaining Portion Of The 2018-2019 Term, Due To A Vacancy 2 AGENDA SEPTEMBER 11, 2018 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. Expense Reports — None VI. CONSENT AGENDA — CONTINUED B. Minutes August 28, 2018 Regular Meeting September 4, 2018 Special Meeting C. Resolutions — Consent (1) P.R. No. 20332 — A Resolution Authorizing The City Manager To Execute An Agreement With Civitas, LLC Of Mount Pleasant, South Carolina For Environmental Review Services For Community Development Block Grant (CDBG), Home Investment Partnership Program (Home), And Community Development Block Grant Disaster (CDBG-DR) Projects With A Projected Budgetary Impact Of $33,500.00; Funding Is Available In Community Development Block Grant Account Number 105-1431-552.54-00 Project Number C43122; 108-2141-626.54-00 Project Number HE1803; And 001- 1053-517-54-00 (2) P.R. No. 20398 — A Resolution Authorizing The Award Of The Contract For The Purchase Of Liquid Sodium Bisulfite For The Utilities Department With Commercial Chemical Product, Inc. DBA Purify, Of Houston, Texas, With A Projected Budgetary Impact Amount Of $120,600.00. Funds Are Available In Utilities Account No. 410-1256-532.29-02, Treatment Chemicals AGENDA SEPTEMBER 11, 2018 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 20412 — A Resolution Ratifying Emergency Repairs To The Screw Pump At The Main Wastewater Treatment Plant From Coastal Pump Services, Inc. Of Rosharon, Texas, With A Projected Budgetary Impact Of $44,085.00; Funding Is Available In Utilities Account No. 410-1256-532.42-00, Equipment Services (4) P.R. No. 20421 — A Resolution Authorizing The City Manager To Enter Into An Agreement With G&G Enterprises Construction Corp., Of Port Arthur, Texas, For The Renovation Of The City Of Port Arthur Development Services Building, Located At 246 Dallas Avenue, Port Arthur, Texas, In The Amount Of $2,498,300.00; Funding Available In Capital Projects/Buildings Account No. 307- 1601-591.82-00 (5) P.R. No. 20423 — A Resolution Authorizing Director Of Water Utilities To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals, With An Estimated Combined Budgetary Impact Of $1,645,000.00. Funding Available In Water Utilities Account Nos. 410-1252-532.29-02, $1,510,000.00, (Water Treatment Chemicals) And 410-1256-532.29-02, $135,000.00 (Wastewater Treatment Chemicals) (6) P.R. No. 20428 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee From Doughtie Construction Co., Inc. For Gabby Eldridge Avenue And Martin Flood Circle Infrastructure Improvements And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (7) P.R. No. 20431 — A Resolution Rescinding Resolution No. 18-330 In Its Entirety, Which Authorized The Purchase Of Three Thousand 96 Gallon Automated Refuse Carts From IPL, Of Forsythe, Georgia In The Amount Of $146,400.00 For The Solid Waste Residential Division 4 AGENDA SEPTEMBER 11, 2018 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 20432 — A Resolution Authorizing The Purchase Of Three Thousand 96 Gallon Automated Refuse Carts With Toter, LLC. Of Stateville, North Carolina In The Amount Of $146,370.00 For The Solid Waste Residential Division; Funding From (Account No. 147- 2300-901.25-00, Project #082617) Emergency Management Fund VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20429 — A Resolution Approving The Application Of Viking Enterprises Inc. DBA City Ambulance Service For An Ambulance Agreement (2) P.R. No. 20434 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council (Requested By Mayor Pro Tem Kinlaw, And Councilmembers Jones And Moses) B. Ordinances — Non-Consent (1) P.O. No. 6706 — An Ordinance Amending Ordinance No. 18-04 As It Pertains To Article 22 (Special Pay Provisions) Of The Collective Bargaining Agreement Between The City Of Port Arthur And The International fire Fighters Local 397 (2) P.O. No. 6722 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2017 And Ending September 30, 2018 For Various Departments In The IGeneral Fund Resulting In A Net Change Of Zero Dollars, By $455,000.00 For The Debt Service Fund, By $1,400,000.00 For The Capital Reserve Fund, By $700,000.00 For The Other Employee Benefits Fund, And By $750,000.00 For The Capital Improvement Fund As Shown In Exhibit A (3) P.O. No. 6731 — An Ordinance Amending Ordinance Number 18-02, As It Pertains To Organization And Quorum Requirements Of The Construction Board Of Adjustments And Appeals AGENDA SEPTEMBER 11, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED C. Consideration & Action On The Fiscal Year 2018 — 2019 Budget Ordinance I Adoption Of A Tax Rate & Related Matters (1) P.O. No. 6724 — An Appropriation Ordinance Adopting A Budget For The Ensuing Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019, In Accordance With Section 7, Article XII Of The Charter Of The City Of Port Arthur ** A Separate Ratification Vote Is Required Pursuant To 102.007 Of The Texas Local Government Code With Regard To The Adoption Of The Budget (2) P.O. No. 6725 — An Appropriation Ordinance Approving And Adopting A Budget For The City Of Port Arthur Section 4A Economic Development Corporation For The Ensuing Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 In Accordance With Section 12.03 Of The Bylaws Of The Corporation (3) P.O. No. 6726 — An Ordinance Adopting A Tax Rate For The Tax Year 2018 (Fiscal Year October 1, 2018 — September 30, 2019) ** A Specific Motion To Adopt A Tax Rate That Exceeds The Effective Tax Rate Is Required Pursuant To 26.05 Of The Texas Tax Code (4) P.O. No. 6727 — An Ordinance Approving The 2018 Tax Roll For The Use And Support Of The Municipal Government Of The City Of Port Arthur; And Providing For The Interest And Sinking Fund And Apportioning Each Levy For A Specific Purpose 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 September 12, 2018. 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 torte 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.