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HomeMy WebLinkAboutJUNE 6, 2017 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOREnergy BRIAN McDOUGAL CAL J.JONES,MAYOR PRO TEM City of City CITY MANAGER COUNCIL MEMBERS: 40J SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY THOMAS J. KINLAW, III o r t r t/1 It r HAROLD DOUCET SR. Texas VAL TIZENO WILLIE"BAE" LEWIS,JR. CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AGENDA City Council Regular Meeting June 6, 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 June 6, 2017 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem Jones Councilmember Scott, Jr. Councilmember Kinlaw, III Councilmember Doucet, Sr. 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) Joan Jones Regarding Update On Repairs Of Streets (2) Marvin Jimenez Regarding Food Truck Rules and Regulations B. Presentations (1) A Presentation By Water Utility Pretreatment Coordinator Latrice Gallow Regarding Pretreatment Program (2) A Presentation By Water Utility Manager Donald Stanton Regarding New Operators 1 AGENDA JUNE 6, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) A Presentation By The Director Of Code Compliance Darlene Pierre Regarding Tire Abatement C. Employee Recognition — None D. Correspondence — None E. Discussion (1) To Discuss And Possibly Take Action Regarding The Use Of The Current City's Logo As It Pertains To The City Of Port Arthur Water Tower (Requested By Councilmember Doucet) (2) To Discuss And Possibly Take Action Regarding The Port Arthur Chamber Of Commerce's Use Of The Logo That The City Council Elected Not To Use (Requested By Councilmember Doucet) IV. PUBLIC HEARINGS — 9:00 A.M. (1) A Public Hearing To Consider A Proposed Abandonment A17-02 (CITY OF PORT ARTHUR) For A 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 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. 2 AGENDA JUNE 6, 2017 VI. CONSENT AGENDA — CONTINUED i A. Resolutions — Consent "s (1) P.R. No. 19772 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $32,492.56 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Landfill Compactor #1636 E (2) P.R. No. 19773 — A Resolution Authorizing The City Manager To I Execute Settlement Of A Physical Damage Claim In The Amount Of i $9,142.15 Made Against Texas Municipal League Intergovernmental L Risk Pool (TML) As A Result Of Property Damage To Trash Truck #1918 (3) P.R. No. 19775 — A Resolution Authorizing The Execution Of A Contract For The Purchase Of Sodium Chlorite For The Utility Operations Department With Evoqua Water Technologies, LLC, Of Sarasota, Florida, With A Projected Budgetary Impact Of $344,800.00. Funds Are Available In Utility Operations Water Treatment Chemicals Account No. 410-1252-532.29-02 (4) P.R. No. 19795 — A Resolution Authorizing The Purchase Of A Komatsu PC138USLC-11 Excavator For The Utility Operations Department From Waukesha-Pearce Industries Inc., Through Buyboard, In The Total Amount Of $129,967.60. Funds Are Available In Utility Operations Equipment Account No. 410-1255- 532.92-00, Equipment (5) P.R. No. 19797 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For The FM 365 Sanitary Sewer Improvements Project And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas And Release Of Retainage In The Amount Of $27,484.85, For The FM 365 Sanitary Sewer Line Replacement Project From El Paso Avenue (WB) To The Lift Station (Approximately 2800 LF) Account No. 410-1255-532.83-00 AGENDA JUNE 6, 2017 VI. CONSENT AGENDA — CONTINUED (6) P.R. No. 19798 — A Resolution Authorizing The City Manager To Enter Into A An Agreement With Summer's Abbey Flooring Center Of Port Neches, Texas, For The Replacement Of Flooring At Fire Stations Numbers 1, 5, And 8 With A Projected Budgetary Impact Of $55,260.33; Funding Available In Fire Department Building Maintenance Account No. 001-121-522.32-00 (7) P.R. No. 19799 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $10,284.68 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Police Vehicle #2091 (8) P.R. No. 19801 — A Resolution To Accept The Federal Transit Administration's Award For Operations, Planning, And Capital Projects For Fiscal Year 2017-2018 For Port Arthur Transit (9) P.R. No. 19804 — A Resolution Authorizing The Police Chief And Fire Chief To Purchase Upgraded Radio Communication Consoles From Motorola Solutions, Inc., Utilizing The 2016 Port Security Grant Program (PSGP) In The Amount Of $599,617.50 (75% Federal Grant Funded In The Amount Of $449,713.13, 25% Local Cash • Match In The Amount Of $149,904.37). Funding Available In Account #107-1118-521.92-00, Project Code R16277 (10) P.R. No. 19806 — A Resolution Authorizing The City Manager To Enter Into A Non-Exclusive Product Sales Agreement With Total Petrochemicals & Refining USA, Inc., To Provide Certain Quantities Of On-Road Diesel At Total's Port Arthur, Texas Refinery In The Case Of An Emergency Or A Disaster With A Term Of The Agreement From June 25, 2017 To June 25, 2019 4 AGENDA JUNE 6, 2017 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19800 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Moses) (2) P.R. No. 19807 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Councilmember Scott) B. Ordinance — Non-Consent (1) P.O. No. 6622 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2016 And Ending September 30, 2017 By $68,950.00 For The General Fund As Shown In Exhibit A. 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 5 AGENDA JUNE 6, 2017 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED Closed Meeting: (1) Section 551.071 Government Code — To Discuss With The City Attorney Pending Litigation Regarding Cause No. E-194887; Reginald Trainer, Efrain Avendano, Paul Hulin And Herman Levingston v. City of Port Arthur (Requested by Councilmember Lewis) (2) Section 551.071 Government Code — Consultation With The City Attorney, To Seek Legal Advice Regarding Legal Matters Concerning The City's Travel Policy (3) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Industrial District Agreements) *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 June 7, 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 ************************************************************ 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.