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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) 1 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 4 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 6 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.