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Home My WebLink AboutMINUTES 05/09/2017 REGULAR MEETING REGULAR MEETING — May 9, 2017 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Moses gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, May 9, 2017 at 8:40 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Derrick Freeman; Mayor Pro Tern Raymond Scott, Jr.; Councilmembers Keith Richard, Willie "Bae" Lewis, Jr., Osman Swati, Charlotte M. Moses and Kaprina Frank; City Manager Brian McDougal, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Patrick Melvin. Councilmember Tiffany Hamilton joined the Regular Meeting at 9:20 a.m. Councilmember Morris Albright, III. was absent from the Regular Meeting. II. PROCLAMATIONS & MINUTES Proclamations The Mayor issued the following Proclamations May 7 - 13, 2017 as "National Tourism Week" May 2017 as "Elder Abuse Prevention Month" May 2017 as "Building Safety Month" III. PETITIONS & COMMUNICATIONS B. Presentations (4) A Presentation By The Director Of Code Compliance, Darlene Pierre Regarding Building Safety Month Code Compliance Director Darlene Pierre gave the above-mentioned presentation. A. Speakers (1) Roosevelt Petry Regarding Tire Trash (Tires Not Properly Disposed) Roosevelt Petry, 3726 Lakeshore Drive, appeared before the City Council to discuss the above-mentioned topic. (2) Ann Douglas Regarding Recognition Of City Of Port Arthur Building Inspector Derek Robinson Not present. B. Presentations (1) A Presentation By Texas Municipal League Intergovernmental Risk Pool (TMLIRP) Regarding Personal Liability Insurance On Each Councilmember (Requested By Councilmember Lewis) Texas Municipal League Representative Linda Barnette gave the above-mentioned presentation. IV. PUBLIC HEARINGS — 9:00 AM (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 The Mayor introduced the above-mentioned Public Hearing at 10:00 a.m. Senior Planner Paul Brown appeared before the City Council and gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. No one appeared before the City Council to address the above-mentioned item. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried unanimously, the City Council closed the Public Hearing at 10:05 a.m. III. PETITIONS & COMMUNICATIONS (2) A Presentation By Ron Fletcher, Public Relations Of Entergy Regarding the Montgomery County Power Station Resolution Of Support Ron Fletcher gave the above-mentioned presentation. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Swati that Proposed Resolution No. 19746 be adopted. Upon the motion of Mayor Pro Tem Scott, seconded by Councilmember Lewis and carried, Proposed Resolution No. 19746 was tabled. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Richard, Lewis, Swati, Moses and Frank. Voting No: None. III. PETITIONS & COMMUNICATIONS (3) A Presentation By Financial Advisor, Chip Cummins Regarding German Pellets LLC/Update Chip Cummins gave the above-mentioned presentation. C. Employee Recognition - None City Council Minutes =' Regular Meeting — May 9, 2017 D. Correspondence - None V. UNFINISHED BUSINESS - None VI. CONSENT AGENDA Upon the motion of Councilmember Swati, seconded by Councilmember Moses the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 19727, 29757 and 19770: Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Richard, Lewis, Swati, Moses and Frank. Voting No: None. 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 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 Proposed Resolution No. 19764 was adopted becoming Resolution No. 17-111. (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) City Council Minutes Regular Meeting — May 9, 2017 As A Result Of Property Damage To A Traffic Controller Cabinet At The XYZ Gate (2800 MLK Drive) Proposed Resolution No. 19752 was adopted becoming Resolution No. 17-112. (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 Proposed Resolution No. 19753 was adopted becoming Resolution No. 17-113. (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 Proposed Resolution No. 19754 was adopted becoming Resolution No. 17-114. (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 Proposed Resolution No. 19755 was adopted becoming Resolution No. 17-115. (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 Proposed Resolution No. 19756 was adopted becoming Resolution No. 17-116. (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 Proposed Resolution No. 19758 was adopted becoming Resolution No. 17-117. (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 Proposed Resolution No. 19760 was adopted becoming Resolution No. 17-118. (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 City Council Minutes 4 Regular Meeting — May 9, 2017 A Projected Budgetary Impact Of $200,000.00; Funding Available In Fire Department Vehicle Maintenance Account No. 001-1121-522.43-00 Proposed Resolution No. 19762 was adopted becoming Resolution No. 17-119. (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 Proposed Resolution No. 19766 was adopted becoming Resolution No. 17-120. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Swati, seconded by Councilmember Moses and carried, Proposed Resolution No. 19727 was adopted becoming Resolution No. 17-121. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Richard, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 17-121 reads as follows: RESOLUTION NO. 17-121 A RESOLUTION APPROVING AND ADOPTING A FIVE-YEAR INFORMATION TECHNOLOGY PLAN FOR THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (9) P.R. No. 19757 — A Resolution Calling For A Public Hearing To Consider A Change In Transit Fare Service Levels The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Swati and seconded by Councilmember Moses to amend Proposed Resolution No. 19757 by removing the word fare. Transit Director Ron McElhose appeared before the City Council to answer inquiries regarding the above-mentioned public hearing. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Richard, Lewis, Swati, Moses and Frank. Voting No: None. Upon the motion of Councilmember Swati, seconded by Councilmember Moses and carried, Proposed Resolution No. 19757 was adopted, as amended, becoming Resolution No. 17-122. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Richard, Lewis, Swati, Moses and Frank. City Council Minutes Regular Meeting — May 9, 2017 Voting No: None. The caption of Resolution No. 17-122 reads as follows: RESOLUTION NO. 17-122 A RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER A CHANGE IN TRANSIT FARE SERVICE LEVELS (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Lewis and seconded by Councilmember Swati that Proposed Resolution No. 19770 be adopted. Human Resource Director Monique LeFleur appeared before the City Council to answer inquiries regarding the above-mentioned contract. The motion was made by Councilmember Swati and seconded by Councilmember Lewis that Proposed Resolution No. 19770 be amended as follows: Amend the Contract Section 1 - Duration and Determination remove the clause with an option to renew for one additional year. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Richard, Lewis, Swati, Moses and Frank. Voting No: None. Upon the motion of Councilmember Swati, seconded by Councilmember Frank and carried Proposed Resolution No. 19770 was adopted, as amended, becoming Resolution No. 17-123. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Richard, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 17-123 reads as follows: RESOLUTION NO. 17-123 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 A. Resolutions (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) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Lewis, seconded by Councilmember Swati and carried, Proposed Resolution No. 19761 was adopted becoming Resolution No. 17-124. City Council Minutes 6 Regular Meeting — May 9, 2017 Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Richard, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 17-124 reads as follows: RESOLUTION NO. 17-124 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. Ordinances - None VIII. * CLOSED MEETING (EXECUTIVE SESSION) 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 City Council recessed their meeting at 11:28 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 12:04 p.m. with the following members present: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Richard, Lewis, Swati, Moses and Frank; City Manager McDougal; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Blanton. MOTION IN OPEN SESSION Councilmember Hamilton read the following motion into the record: A Motion To Increase The Blanket Order For Bracewell LLC, In The Amount Not To Exceed $16,000.00, In Conclusion Of The Matter Of The City Of Port Arthur And The City Of Bridge City Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, the above-mentioned motion was adopted. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Richard, Lewis, Swati, Moses and Frank. Voting No: None. IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Moses seconded by Councilmember Swati and carried unanimously, the City Council adjourned their meeting 12:05 p.m. An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. City Council Minutes 7 Regular Meeting — May 9, 2017 MAYOR DERRICK FREEMAN ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD May 9, 2017. APPROVED . City Council Minutes 8 Regular Meeting — May 9, 2017