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HomeMy WebLinkAboutMAY 9, 2017 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR Energy-- BRIAN McDOUGAL
RAYMOND SCOTT,JR.,MAYOR PRO TEM City,of cry CITY MANAGER
COUNCIL MEMBERS: I� SHERRI BELLARD,TRMC
TIFFANY L. HAMILTONCITY SECRETARY
MORRIS ALBRIGHT O r t r t 11 u r
KEITH RICHARD VAL TIZENO
WILLIE"BAE" LEWIS,JR. Texas CITY ATTORNEY
OSMAN SWATI
CHARLOTTE MOSES
KAPRINA FRANK
AG E N DA
City Council
Regular Meeting
May 9, 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
May 9, 2017
8:30 A.M.
PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES
I. INVOCATION, PLEDGE & ROLL CALL
Mayor Freeman
Mayor Pro Tem Scott, Jr.
Councilmember Hamilton
Councilmember Albright, III
Councilmember Richard
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) Roosevelt Petry Regarding Tire Trash (Tires Not Properly Disposed)
(2) Ann Douglas Regarding Recognition Of City Of Port Arthur Building
Inspector Derek Robinson
B. Presentations
(1) A Presentation By Texas Municipal League Intergovernmental Risk
Pool (TMLIRP) Regarding Personal Liability Insurance On Each
Councilmember (Requested By Councilmember Lewis)
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AGENDA
MAY 9, 2017
III. PETITIONS & COMMUNICATIONS — CONTINUED
(2) A Presentation By Ron Fletcher, Public Relations Of Entergy
Regarding the Montgomery County Power Station Resolution Of
Support
(3) A Presentation By Financial Advisor, Chip Cummins Regarding
German Pellets LLC/Update
(4) A Presentation By The Director Of Code Compliance, Darlene Pierre
Regarding Building Safety Month
C. Employee Recognition — None
D. Correspondence — None
IV. PUBLIC HEARINGS — 9:00 A.M.
(1) A Public Hearing To Consider Z17-07 [SUP# 230] — Specific Use
Permit For Approximately 18.087 Acres Of Land And Water
Consisting Of Tracts 1, 2, And 3 Out Of T. & N.O.R.R. Survey No.
121, Abstract No. 250 and T. & N.O.R.R. Survey No. 122 (M.
Broussard Survey), Abstract No. 486 [A.K.A. 2350 S. Gulfway Drive]
in Port Arthur, Jefferson County, Texas
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.
AGENDA
MAY 9, 2017
VI. CONSENT AGENDA
A. Minutes
01/17/2017 Regular Meeting
01/23/2017 Special Meeting
01/31/2017 Special Meeting
01/31/2017 Special Executive Meeting
01/31/2017 Regular Meeting
02/14/2017 Regular Meeting
02/28/2017 Special Meeting
02/28/2017 Special Executive Meeting
02/28/2017 Regular Meeting
B. Expense Report
(B1) Mayor Derrick Freeman:
Texas For Texas 287 Day
Austin, TX
February 14-17, 2017 $958.90
(B2) Mayor Derrick Freeman:
To Speak At The Committee Hearing For
Texas Municipal League (TML) For Senate Bill
(S.B. 2)
Austin, TX
March 13-15, 2017 $1,306.97
(B3) Councilmember Tiffany Hamilton:
The City Port Arthur Planning Department
Award Recipient
San Antonio, TX
November 4, 2016 $35.00
AGENDA
MAY 9, 2017
VI. CONSENT AGENDA
C. Resolutions — Consent
(1) P.R. No. 19674 — A Resolution Authorizing The City Manager To
Enter Into A Contract With Southern Tire Mart Of Columbia,
Mississippi, For The Purchase Of 305/70R22.5 Tires For The Transit
Department, With An Annual Projected Budgetary Impact Of
$31,212.00. Funding Is Available In Transit Maintenance Account
Number 401-1502-561.43-00
(2) P.R. No. 19727 — A Resolution Approving And Adopting A Five-Year
Information Technology Plan For The City Of Port Arthur, Jefferson
County, Texas
(3) P.R. No. 19746 — A Resolution Of The City Council Of Port Arthur,
Texas, In Support Of A Proposal By Entergy Texas, Inc. Regarding
The Application Of Entergy Texas Inc. To Amend Its Certificate Of
Convenience And Necessity To Construct Montgomery County
Power Station In Montgomery County In Public Utility Commission
Of Texas Docket No. 46416
(4) P.R. No. 19752 — A Resolution Authorizing The City Manager To
Execute Settlement Of A Physical Damage Claim In The Amount Of
$5,345.19 Made Against Texas Municipal League Intergovernmental
Risk Pool (TMLIRP) As A Result Of Property Damage To A Traffic
Controller Cabinet At The XYZ Gate (2800 MLK Drive)
(5) P.R. No. 19753 — A Resolution Authorizing The City Manager To
Enter Into An Agreement With Mike Barnett Construction Of Port
Neches, Texas, For The Removal And Replacement Of Flooring And
Sub Flooring At The Sabine Pass Community Center, With A
Projected Budgetary Impact Of $28,950.00. Funds Available In
Account No. 001-1061-518-32.00
(6) P.R. No. 19754 — A Resolution Authorizing The Purchase Of A 2018
M2-112, 12 Yard Dump Truck For The Utility Operations
Department From Houston Freightliner Of Houston, Texas, Through
H-GAC, In The Total Amount Of $107,000.00. Funds Are Available
In Utility Operations Equipment Account No. 410-1252-532.92-00
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AGENDA
MAY 9, 2017
VI. CONSENT AGENDA — CONTINUED
(7) P.R. No. 19755 — A Resolution Calling For A Public Hearing To
Consider A Proposed Abandonment For 0.6948 Acre Of Land
Consisting Of An Unimproved Portion Of The Picadilly Drive Right-
Of-Way Located In Lakeside Park Unit 5, City Of Port Arthur,
Jefferson County, Texas
(8) P.R. No. 19756 — A Resolution Authorizing The City Manager To
Execute An Agreement With Excavation And Construction, Inc., Of
Port Arthur, Texas, For The Annual Contract For Utility Cut Repairs
For Concrete Slabs At Various Locations Throughout The City For
The Water And Sanitary Sewer Department, With An Annual
Projected Budgetary Impact Of $48,000.00. Funding Available In
Utility Streets Program Account Number 410-1253-532.36-00
(9) P.R. No. 19757 — A Resolution Calling For A Public Hearing To
Consider A Change In Transit Fare Service Levels
(10) P.R. No. 19758 — A Resolution Calling For A Public Hearing To
Consider The Federal Transit Administration's Award For
Operations, Planning, And Capital Projects For Fiscal Years 2013-
2017 For Port Arthur Transit
(11) P.R. No. 19760 — A Resolution Authorizing The City Manager To
Accept A Group Of Proposed Pedestrian Projects For Submittal To
The Texas Department Of Transportation For The Statewide "Call
For Projects" Under The Transportation Alternatives Set-Aside
Program
(12) P.R. No. 19762 — A Resolution Authorizing The Second Year (First
Renewal) Of The Contract With Siddons-Martin Emergency Group
Of Port Arthur And Houston, Texas, For Preventative Maintenance
And Repair To Fire Department Fire Apparatus And Other Special
Response Vehicles, With A Projected Budgetary Impact Of
$200,000.00; Funding Available In Fire Department Vehicle
Maintenance Account No. 001-1121-522.43-00
5
AGENDA
MAY 9, 2017
VI. CONSENT AGENDA — CONTINUED
(13) P.R. No. 19766 — A Resolution For City Council Consideration Of A
Permit Application Submitted By Delman Circus And For
Consideration Of Whether To Hold A Public Hearing Pursuant To
Chapter 22, Article 3, Division 2, Of The City Of Port Arthur Code Of
Ordinances
(14) P.R. No. 19770 — A Resolution Authorizing An Agreement For
Independent Professional Services Between The City Of Port Arthur
And Rosie Vela To Provide Temporary Contract Services For The
City's Finance Department
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 19761 — A Resolution Requesting The Texas Department
Of Transportation (TXDOT) Lower The Speed Limit On State
Highway 69 From Jimmy Johnson Boulevard To 39th Street
(Requested By Councilmember Lewis)
B. Ordinance — Non-Consent — None
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AGENDA
MAY 9, 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 Between The City of Port Arthur And
Bridge City, Texas
(2) Section 551.071 Government Code — To Discuss With The City
Attorney Pending Litigation Regarding Cause No. B-0197389;
George Clark vs City Of Port Arthur, Texas
*The Items In Executive Session May Be Discussed And Acted On In Open
Session
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 May 10, 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.