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HomeMy WebLinkAboutJULY 7, 2015 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR Energy BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of - City CITY MANAGER COUNCIL MEMBERS: W�1 SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON Ort r t h u r MORRIS ALBRIGHT Texas VAL TIZENO STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI DERRICK FREEMAN AG E N DA City Council Regular Meeting July 7, 2015 8:3o 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 July 7, 2015 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Frank Councilmember Scott, Jr. Councilmember Hamilton Councilmember Albright, III Councilmember Mosely Councilmember Lewis, Jr. Councilmember Swati Councilmember Freeman City Manager McDougal City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. APPROVAL OF AGENDA III. PROCLAMATIONS & MINUTES Proclamations Minutes February 17, 2015 Regular Meeting March 17, 2015 Regular Meeting IV. PETITIONS & COMMUNICATIONS A. Speakers — None AGENDA JULY 7, 2015 IV. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Ms. Chasity Bobino And Mr. Michael Jefferson Regarding The 1st Annual Chasity Bobino Community Fest C. Employee Recognition — None D. Correspondence — None V. PUBLIC HEARINGS — 9:00 A.M. — NONE VI. UNFINISHED BUSINESS (1) P.R. No. 19002 — A Resolution Authorizing The City Manager To Execute A Lease Agreement Between The City Of Port Arthur And The Port Arthur Yacht Club VII. 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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: Mayor Deloris Prince: TML Board Meeting Corpus Christi, TX June 25-26, 2015 $629.85 2 AGENDA JULY 7, 2015 VII. CONSENT AGENDA — CONTINUED B. Resolutions — Consent (1) P.R. No. 18924 — A Resolution Calling A Public Hearing To Consider The Designation Of A Reinvestment Zone For The Downtown/Lamar State College Area Pursuant To Chapter 312.201 Of The Texas Tax Code (2) P.R. No. 19016 — A Resolution Calling A Public Hearing To Consider The Designation Of A Reinvestment Zone For The Downtown/Port Of Port Arthur Area Pursuant To Chapter 312.201 Of The Texas Tax Code (3) P.R. No. 19034 — A Resolution Authorizing The City Manager To Execute Settlement Of A Claim In The Amount Of $8,600.00 Made Against Kayla McCall And Pronto General Agency, Ltd., As A Result Of The Property Damage To The Traffic Controller Cabinet At The XYZ Gate (2800 MLK Drive) (4) P.R. No. 19035 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $7,082.37 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Police Vehicle #1836 (5) P.R. No. 19036 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $6,513.46 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Police Vehicle #1811 (6) P.R. No. 19037 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $8,992.15 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Police Vehicle #1835 3 AGENDA JULY 7, 2015 VII. CONSENT AGENDA — CONTINUED (7) P.R. No. 19038 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $6,727.50 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Police Vehicle #1888 (8) P.R. No. 19039 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (9) P.R. No. 19041 — A Resolution Authorizing An Increase In The Existing Blanket Order By $20,000.00 For Southeast Service Company Of Port Arthur, Texas, For Maintenance Services For The Heating, Ventilation And Air Conditioning Systems (HVAC) In City Buildings. Funding Available In Various Departmental Accounts (10) P.R. No. 19046 — A Resolution Authorizing The Second Year (First Renewal) Of A Contract With Farrwest Environmental Supply, Inc., Of Schertz, Texas, For The Lease, Calibration And Servicing Of Hazardous Materials Detection Equipment, In An Amount Not To Exceed $33,152.80. Funding From Fire Department Account No. 001-1121-522.42-00 (11) P.R. No. 19047 — A Resolution Approving The FY 2015-2016 Contract Between The City Of Port Arthur And The Department Of State Health Services For The Public Health Emergency Preparedness Program In The Amount Of $100,296.00 (12) P.R. No. 19048 — A Resolution Amending The Uniform Tax Abatement Policy For The Term March 9, 2014 Through March 9, 2016 Pursuant To Chapter 312 Of The Texas Property Code (13) P.R. No. 19050 — A Resolution Authorizing The City Manager To Submit To The Texas Department Of Transportation (TXDOT) The Fiscal Year 2015 Bus And Bus Facility Program (FTA § 5339) Funding Application For Improvements To The New Transit Administration Building 4 AGENDA JULY 7, 2015 VII. CONSENT AGENDA — CONTINUED (14) P.R. No. 19051 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And McInnis Construction, Inc., Of Silsbee, Texas, For The 18th Street Improvements Project, For The Additional Work On The Existing 24" Waterline Running Along 19th Street Increasing The Contract To An Additional $120,378.00 And A Time Extension Of 119 Days, Due To Additional Work Performance. Funds Available In Project No. I2118T, GLO Round 2.2 Account No. 144-1201- 532.59-00 (15) P.R. No. 19052 — A Resolution Authorizing The City Manager To Review Contract Delay For Allco, L.L.C., For Work Being Performed On The City Of Port Arthur 24" Waterline From 19th Street To The Sabine Neches Canal Project, As Another Contractors Has Completed Working On The City Of Port Arthur Project Which Allows Allco, L.L.C., To Finish This Project (With A Completion Date Of August 9, 2015) VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19054 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Hamilton) B. Ordinances (1) P.O. No. 6474 — An Ordinance Amending Chapter 70 Parks And Recreation Section 70-45 Horseback Riding And Section 70-60 Traffic Providing For A Ban Of ATVS And Horses On Public Parks; Providing For Penalties And Effective Date And For Publication Thereof 5 /I AGENDA JULY 7, 2015 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.O. No. 6475 — An Ordinance Of The City Of Port Arthur, Texas, Authorizing The Donation Of 0.4114 Acres Tract Of Land Located At Approximately 1200 Lakeshore Drive To Lamar State College Port Arthur Pursuant To 272.001 (J) Of The Texas Local Government Code IX. *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 551.087 Government Code — To Discuss Incentives/Tax Abatements For Commercial And/Or Industrial Business Prospects (Pure System International) (2) Section 551.071 Government Code — Legal Advice/Consultation Regarding Labor And Employment Law Issues *The Items In Executive Session May Be Discussed And Acted On In Open Session 6 AGENDA JULY 7, 2015 X. ADJOURNMENT OF MEETING ************************************************************ NOTE: If The Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On July 8, 2015. 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.