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Home My WebLink AboutJULY 11, 2017 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR Energy BRIAN McDOUG:kr. CAL J.JONES,MAN OR PRO TEM City of on CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARI' THOMAS J.KINLAW', III ort ['t/t t[[' HAROLD DOUCET,SR. VAL TREND WILLIE"BAE" LEWIS,JR. i` iW CITY ATTORNEY OSMAN SWAT! CHARLOTTE MOSES KAPRINA FRANK AGENDA City Council Regular Meeting July 11, 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 July 11, 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) Warren Field Regarding Present Key Element Historically Employed To Control And Take Over The Function / Duties Of Both The City Construction And Zoning Boards (2) Jereem Augustine And Shawn Johnson Regarding Port Arthur Alumni Picnic Update B. Presentations (1) A Presentation By Bobby Long and William Cranston Regarding Emergency Medical Services (EMS) Provider "The Choice" (Requested By Councilmember Lewis) 1 AGENDA JULY 11, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation By Vice President & Chief Financial Officer Dave Doudna And Director Of Tax Terry Bay Regarding A Potential Project For Colonial Pipeline Company (3) A Presentation By Water Utilities Manager Donald Stanton Regarding The Maintenance History Of The Force Main On 53rd Street (Requested By Councilmember Lewis) (4) A Presentation Regarding The Maintenance On 22nd Street (Requested By Councilmember Lewis) C. Employee Recognition (1) A Presentation By Human Resources Regarding The 2016 Employee Service Awards D. Correspondence — None E. Discussion (1) To Discuss And Possibly Take Action On The Use Of The Following Outside Legal Counsel Contracts: A. Resolution No. 16-129 B. Resolution No. 16-250 (Requested By Councilmember Doucet) (2) To Discuss And Possibly Take Action On The Use Of The Following Contracts: A. Preventative Maintenance Water Utilities Department Generator Maintenance B. Preventative Maintenance Fire Department Vehicles And Equipment (Requested By Councilmember Doucet) AGENDA JULY 11, 2017 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. Minutes March 14, 2017 Regular Meeting March 17, 2017 Special Meeting March 28, 2017 Special Executive Meeting March 28, 2017 Regular Meeting April 11, 2017 Regular Meeting May 09, 2017 Regular Meeting B. Resolutions — Consent (1) P.R. No. 19803 — A Resolution Authorizing The Port Arthur Economic Development Corporation To Enter Into A Professional Service Contract With Haddon + Cowan Architects Collaborative, Of Austin, Texas, With Vince Hauser As The Design Team Manager In An Amount Not To Exceed $15,000.00 Which Will Include The Final Inspection And Incidental Costs. PAEDC Funding Account No. 120- 1429-582.54-00 (2) P.R. No. 19822 — A Resolution Authorizing The City Of Port Arthur To Enter Into A Memorandum Of Understanding (MOU) With The Southeast Texas Regional Planning Commission (SETRPC) To Participate In The Regional Emergency Notification Project Utilizing Swift Reach 911 Emergency Notification System AGENDA JULY 11, 2017 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 19824 — A Resolution Authorizing The City Manager To Execute A Contact Between The City Of Port Arthur And Imani Quality Concepts, LLC, Of Beaumont, Texas, For Site Preparation And Reconstruction Of Three (3) Homes In The Amount Of $366,041.30 Which Includes A $10,000.00 Contingency. Account Number 108-2141-626.59-00, Project #HE1502 And 105-1431- 552.59-00 Project #C42115 (4) P.R. No. 19825 — A Resolution Awarding A Contract To AAR, Inc., In The Amount Of $150,105.00 And Authorizing The Execution Of A Contract For Asbestos/Lead Abatement And Demolition Of Six (6) Dangerous Commercial Properties Located At 445 E. Thomas Boulevard, 2349 Procter Street, 3121 Procter Street, 4445-4449 Procter Street, 6427 Procter Street Extension And 7700 Highway 87, To Be Charged To Account No. 145-1201-532.59-00, Project# I22WP (5) P.R. No. 19826 — A Resolution Authorizing The City Manager To Apply For A Texas Historical Commission Grant For Rose Hill Manor In The Amount Of $13,800.00, With Funds Reimbursable To Account 140-1405-551.59-00 M97908 (Hotel Occupancy Tax Fund) (6) P.R. No. 19827 — A Resolution Authorizing The Chief Of Police To Issue A Wrecker Business Permit To Felix AAA Auto Salvage At 6375 West Port Arthur Road, Port Arthur, Texas (7) P.R. No. 19828 — A Resolution Authorizing The City Manager To Execute A Written Agreement Between The City Of Port Arthur And Debra Robertson For Participation In The City Of Port Arthur's Owner Occupied Housing Assistance Rehabilitation And Reconstruction Program (8) P.R. No. 19829 — A Resolution Authorizing The City Manager To Purchase Uniform Items For The Police Department From Miller Uniforms & Emblems Of Austin, Texas, Through BuyBoard Contract No. 524-17, With A Projected Budgetary Impact Of $65,554.90; Funding Available In Police Uniform/Cleaning Account No. 001- 1101-521.26-00 4 AGENDA JULY 11, 2017 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 19833 — A Resolution Approving And Adopting The Jefferson County Hazard Mitigation Action Plan (10) P.R. No. 19834 — A Resolution Authorizing The Use Of A Recreational Vehicle As Temporary Living Quarters Pursuant To Section 58-122 Of The Code Of Ordinances (Requested By Councilmember Lewis) (11) P.R. No. 19840 — A Resolution Authorizing The City Manager To Enter Into A Memorandum Of Understanding (MOU) With The Port Arthur Police Association (PAPA) For A One-Time Expenditure Of Uniforms VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19835 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council (Requested By Councilmember Kinlaw) (2) P.R. No. 19836 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Mayor Pro Tem Jones And Councilmember Kinlaw) (3) P.R. No. 19837 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (Requested By Mayor Pro Tern Jones) (4) P.R. No. 19838 — A Resolution Appointing Members To The Port Arthur Police Chief Advisory Committee (Requested By Mayor Pro Tern Jones And Councilmember Kinlaw) B. Ordinance — Non-Consent (1) P.O. No. 6624 — An Ordinance Authorizing The Execution Of A Special Warranty Deed To David R. Hinds As It Pertains To The Property Located At 580 Pleasure Pier Boulevard; Also Known As Pleasure Island Sea Cabins AGENDA JULY 11, 2017 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.O. No. 6625 — An Ordinance Of The City Of Port Arthur, Texas, Setting The Just And Reasonable Rates For The Cost Of Service Adjustment Clause To Be Charged By Texas Gas Service Company, A Division Of One Gas, Inc. For Gas Service Customers In The City Of Port Arthur, Texas; Requiring Reimbursement Of Rate Case Expenses; Finding That The Meeting Complies With The Open Meetings Act; And Declaring An Effective Date For This Ordinance 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 Potential Litigation With John Hall Public Affairs, Inc. (2) Section 551.071 Government Code — To Discuss Legal Issues/Legal Advice Regarding The Disposition Of City Owned Property (Requested By Councilmember Lewis) 6 AGENDA JULY 11, 2017 VII. VIII. *CLOSED MEETING (EXECUTIVE SESSION) (3) Section 551.072 Government Code — To Discuss Value Of The Land For The Property Located At 723 Freeman Avenue (Formerly 723 Texas Avenue) (4) Section 551.072 Government Code — To Discuss Value Of The Land On The City's Westside As It Pertains To City-Owned Property, Streets And Right-Aways (5) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager (Requested by Councilmember Doucet) (6) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (ICON Builders, LLC And Golf Breeze Development, LLC) *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 July 12, 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.