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HomeMy WebLinkAboutNOVEMBER 24, 2015 REGULAR MEETING 8:30 A.M. DELORIS"BOBBIE"PRINCE,MAYOREau BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of City CITY MANAGER COUNCIL MEMBERS: 0, SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. � — CITY SECRETARY TIFFANY L.HAMILTON ort r t h u r Teas MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI DERRICK FREEMAN AG E N DA City Council Regular Meeting November 24, 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 November 24, 2015 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tern 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. PROCLAMATIONS & MINUTES Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) Blaze Holdings, LLC Regarding Tax Abatement Request For Sleep Inn Project (2) The City Of Port Arthur Regarding The Forensic Audit By The City Manager And Interim Finance Director C. Citizen Recognition (1) Presented By The Port Arthur Fire Department AGENDA NOVEMBER 24, 2015 III. PETITIONS & COMMUNICATIONS — CONTINUED D. Correspondence — 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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. Expense Reports (A1) Councilmember Raymond Scott: National League Of Cities (NLC) Annual Conference Nashville, TN, November 4-8, 2015 $2,673.58 (A2) Councilmember Tiffany Hamilton: National League Of Cities (NLC) Annual Conference Nashville, TN, November 4-8, 2015 $3,027.90 (A3) Councilmember Willie Lewis: National League Of Cities (NLC) Annual Conference Nashville, TN, November 4-7, 2015 $2,793.58 2 AGENDA NOVEMBER 24, 2015 VI. CONSENT AGENDA — CONTINUED B. Minutes May 12, 2015 Regular Meeting August 18, 2015 Regular Meeting September 1, 2015 Regular Meeting October 13, 2015 Regular Meeting October 27, 2015 Regular Meeting November 11, 2015 Special Meeting November 16, 2015 Special Meeting November 17, 2015 Joint Special Meeting C. Resolutions — Consent (1) P.R. No. 19075 — A Resolution Authorizing The Expenditure For City Emergency Work On An Existing 24" Waterline Running Along 19th Street, For An Additional $43,365.57, Due To Relocation Of Insert- A-Valves. Funds Available In Account No. 410-1253-532.35-00 (2) P.R. No. 19221 — A Resolution Authorizing A Lease Agreement With CDW-G, Through HP Financial Services, For 50 Ticket Writers For The Police Department For The Total Amount Of $88,671.00 Using The TCPN Cooperative Contract, With Monthly Payments Of $1,602.01 For 60 Months; Funding For This Purchase Is Available In Account No. 001-1101-521.42-00 (3) P.R. No. 19222 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For The Street Improvements Along 10th Street Project, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment, In The Amount Of $34,454.87. GLO Round 2.1 Program, Project No. 12110T, Account No. 144-1201-532.59-00 (4) P.R. No. 19224 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts 3 AGENDA NOVEMBER 24, 2015 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 19225 — A Resolution Authorizing The City Manager To Enter Into A Contract With Deztex Industrial Of Port Arthur, Texas, For Improvements To Griffin Park, Herman Park And Rose Hill Park, In The Amount Of $520,984.00. Funds Are Available In PAEDC Account No. 120-1429-582.59-05, Project ED 1307 (84% - $435,000.00), And Parks Account No. 001-1207-531.39-00 (16% - $85,984.00) (6) P.R. No. 19226 — A Resolution Approving Payment In The Total Amount Of $46,556.10 For The TCEQ Annual Water System Fee For The City Of Port Arthur, Utility Operations Department-Water Purification Division Account No. 410-1252-532.59-01 (7) P.R. No. 19227 — A Resolution Authorizing The Emergency Expenditure For The Repairs Of A Loader Assembly (Python Arm) By Heil Of Texas Of Houston, Texas, For The Public Works Solid Waste Division In The Amount Of $31,384.64; Funds Are Available In The Public Works Solid Waste Division Motor Vehicle Maintenance Account No. 403-1272-533.43-00 (8) P.R. No. 19228 — A Resolution Approving Highway 365 Sanitary Sewer Upgrades And Lift Station Rehabilitation VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — None B. Ordinances (1) P.O. No. 6499 — An Ordinance Rescinding Ordinance No. 13-32 As It Pertains To The Changing Of The Zoning From Two-Family Residential (2F) To Planned Development District No. 36 (PD-36) For A 15.25 Acre Tract Of Land Out Of The Lambert Addition Subdivision, Volume 5, Page 28, M.R.J.C., City Of Port Arthur, Jefferson County, Texas, Being Z13-04 Also Known As "Edison Square" (Requested By Councilmember Lewis) 4 AGENDA NOVEMBER 24, 2015 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 551.072 — To Discuss The Value Of The Land Located In The 600 Block Of Procter Street (2) Section 551.074 — To Discuss The Duties And Responsibilities Of The City Manager, City Attorney, City Secretary And The Municipal Court Judge (Requested By Councilmember Lewis And Albright) (3) Section 551.087 — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Ryze Renewables Port Arthur, LLC) *The Items In Executive Session May Be Discussed And Acted On In Open Session 5 AGENDA NOVEMBER 24, 2015 IX. 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 November 25, 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 ************************************************************ 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.