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HomeMy WebLinkAbout09/04/2018 - SPECIAL COUNCIL MEETING @ 5:30 P.M. (INSIDE & OUTSIDE) NOTICE otice is hereby given pursuant to Chapter 551 of the Government Code that a Special Meeting of the City Council of The City of Port Arthur, Texas will be held on Tuesday, September 4, 2018 at 5:30 p.m. in the City Council Chamber, Fifth Floor, City Hall, 444 Fourth Street, Port Arthur, Texas To Consider the following Agenda. CERTIFICATION I certify that a copy of the September 4, 2018 Meeting Agenda was posted this s 0%' day of 2018 in the City Hall Building Lobby (inside/outside), Port Arthur, Texas at °V,5 O p.m. Sherri Bellard City Secretary I certify that the attached notice and agenda was r v d by me from the City Hall bulletin board (insid outside) on the day of SEP 0 7 2018 2 18. IL r 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. - CITY SECRETARY CAL J.JONES I r t h it r HAROLD DOUCET,SR. �i VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK AGENDA City Council Special Meeting September 4, 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 Special Meeting City Hall Council Chamber City Of Port Arthur September 4, 2018 5:30 PM 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 Interim Police Chief Owens Or Designee II. MEET & GREET RECEPTION IN HONOR OF POLICE CHIEF TIMOTHY W. DURISO III. PUBLIC HEARINGS — 6:00 P.M. (1) The Second Public Hearing To Receive Public Comment And Hear All Persons Desiring To Be Heard On The Proposed Ad Valorem Property Tax Rate For Tax Year 2018 A Tax Rate Of $0.792000 Per $100 Valuation Has Been Proposed For Adoption By The Governing Body Of City Of Port Arthur. This Rate Exceeds The Lower Of The Effective Or Rollback Tax Rate, And State Law Requires That Two Public Hearing Be Held By The Governing Body Before Adopting The Proposed Tax Rate (2) A Public Hearing To Consider The Proposed Operating Budget For The City Of Port Arthur And The Port Arthur Section 4A Economic Development Corporation For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019. A AGENDA SEPTEMBER 4, 2018 III. PUBLIC HEARINGS —CONTINUED *Pursuant to Section 102.007 of the Texas Local Government Code, at the conclusion of the public hearing on the budget, the governing body of the municipality shall take action on the proposed budget. A vote to adopt the budget must be a record vote. IV. ACTION ITEM To Review, Discuss and Possibly Take Action On the adoption of The City of Port Arthur's Proposed Fiscal Year 2018-2019 Budget. V. 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. Resolutions (1) P.R. No. 20425 — A Resolution Ratifying The Acceptance Of A Water Utility Easement From PA69, LP For The Construction, Installation, Laying, And Maintaining Of Utilities In The City Of Port Arthur (2) P.R. No. 20426 — A Resolution Accepting A Drainage Easement From PA69, LP At The Port Plaza Centre And The Property Located At The N.E. Corner Of The Intersection Of Jimmy Johnson Boulevard And Medical Center Boulevard 2 i AGENDA SEPTEMBER 4, 2018 VI. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Ordinances — Non-Consent (1) P.O. No. 6730 — An Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The Port Arthur Police Association. Proposed Funding In Police Department Budget Account No. 001-1101-521.11-00 VII. BUDGET WORKSHOP To Discuss The Proposed FY 2018-2019 Budget 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 September 5, 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 *************************************************** a 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. Speadring 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 I►fade 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. S. 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. r NOTICE otice is hereby given pursuant to Chapter 551 of the Government Code that a Special Meeting of the City Council of The City of Port Arthur, Texas will be held on Tuesday, September 4, 2018 at 5:30 p.m. in the City Council Chamber, Fifth Floor, City Hall, 444 Fourth Street, Port Arthur, Texas To Consider the following Agenda. CERTIFICATION I certify that a copy of the September 4, 2018 Meeting Agenda was posted this day of alQgL , 2018 in the City Hall Building Lobby (inside/outside), Port Arthur, Texas at 1 :3 0 P.M. Sherri Bellard City Secretary I certify that the attached notice and agenda was removed bmme from the City Hall bulletin board (inside outsid on the day of SEP Q 7 MIR , 2018. Title: h DERRICK FORD FREEMAN,MAYOR E-rRy --_ HARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEM Onv oof - city INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,.IR. f r r 1/i a CITY SECRETARI CAL J.JONES HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES �' CITY ATTORNEY KAPRINA FRANK AGENDA City Council Special Meeting September 4, 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 Special Meeting City Hall Council Chamber City Of Port Arthur September 4, 2018 5:30 PM 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 Interim Police Chief Owens Or Designee II. MEET & GREET RECEPTION IN HONOR OF POLICE CHIEF TIMOTHY W. DURISO III. PUBLIC HEARINGS — 6:00 P.M. (1) The Second Public Hearing To Receive Public Comment And Hear All Persons Desiring To Be Heard On The Proposed Ad Valorem Property Tax Rate For Tax Year 2018 A Tax Rate Of $0.792000 Per $100 Valuation Has Been Proposed For Adoption By The Governing Body Of City Of Port Arthur. This Rate Exceeds The Lower Of The Effective Or Rollback Tax Rate, And State Law Requires That Two Public Hearing Be Held By The Governing Body Before Adopting The Proposed Tax Rate (2) A Public Hearing To Consider The Proposed Operating Budget For The City Of Port Arthur And The Port Arthur Section 4A Economic Development Corporation For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019. � 1 AGENDA SEPTEMBER 4, 2018 III. PUBLIC HEARINGS —CONTINUED *Pursuant to Section 102.007 of the Texas Local Government Code, at the conclusion of the public hearing on the budget, the governing body of the municipality shall take action on the proposed budget. A vote to adopt the budget must be a record vote. IV. ACTION ITEM To Review, Discuss and Possibly Take Action On the adoption of The City of Port Arthur's Proposed Fiscal Year 2018-2019 Budget. V. 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. Resolutions (1) P.R. No. 20425 — A Resolution Ratifying The Acceptance Of A Water Utility Easement From PA69, LP For The Construction, Installation, Laying, And Maintaining Of Utilities In The City Of Port Arthur (2) P.R. No. 20426 — A Resolution Accepting A Drainage Easement From PA69, LP At The Port Plaza Centre And The Property Located At The N.E. Corner Of The Intersection Of Jimmy Johnson Boulevard And Medical Center Boulevard AGENDA SEPTEMBER 4, 2018 VI. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Ordinances — Non-Consent (1) P.O. No. 6730 — An Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The Port Arthur Police Association. Proposed Funding In Police Department Budget Account No. 001-1101-521.11-00 VII. BUDGET WORKSHOP To Discuss The Proposed FY 2018-2019 Budget 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 September 5, 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 *************************************************** 3 f 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 goad 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. S. 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.