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HomeMy WebLinkAboutOCTOBER 24, 2017 DERRICK FORD FREEMAN,MAYOR Emmy a BRIAN McDOUGAL CAL J.JONES,MAYOR PRO TEM City of city CITY MANAGER COLNCIL MEMBERS: Il SHERRI BELLARD,"I RMC RAYMOND SCOTT,JR. CITY SECRETARY THOMAS J.KINLAW, III o r 1 r t lI 1[r HAROLD DOUCET,SR. VAL TIZENO WILLIE"BAE" LEWIS,JR. T< tczs CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting October 24, 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 October 24, 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) Donnie McDaniel Regarding Multifamily Housing B. Presentations (1) Presentation By Police Chief Patrick Melvin Regarding Louis Manor Task Force C. Employee Recognition — None D. Correspondence — None AGENDA OCTOBER 24, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion (1) Discussion Regarding Street Program (Requested By Councilmember Doucet) 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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. EXPENSE REPORTS Al. Mayor Derrick Freeman: Attended TML Annual Conference October 3 — 6, 2017 Houston, Texas $1,953.39 A2. Mayor Pro Tern Cal Jones Attend TML Annual Conference October 3 — 6, 2017 $1,544.23 A3. Councilmember Willie Lewis, Jr. Attended TML Annual Conference October 3 — 6, 2017 Houston, Texas $1,674.74 2 AGENDA October 24, 2017 VI. CONSENT AGENDA — CONTINUED A4. Councilmember Thomas Kinlaw, III Attended TML Annual Conference October 3 — 6, 2017 Houston, Texas $1,605.46 A5. Councilmember Charlotte Moses Attended TML Annual Conference October 3 — 6, 2017 Houston, Texas $1,599.74 A6. Councilmember Raymond Scott Attended TML Annual Conference October 3 — 6, 2017 Houston, Texas $1,674.74 A7. City Attorney Val Tizeno Attended TML Annual Conference/Texas City Attorney Association October 3 — 6, 2017 Houston, Texas $1,510.44 C. Resolutions (1) P.R. No. 19879 — A Resolution Authorizing The Execution Of A Contract For The Purchase Of Sensus Meters For The Utility Operations Department With Aqua Metric Sales Company Of Riverside, California In The Amount Of $280,000.00. Funds Are Available In Utility Operations Account Nos. 410-1253-532.35-00, Water System Maintenance, And 414-1621-532.85-00, Water System • (2) P.R. No. 19880 — A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The Purchase Of Badger Meters For Utility Operations Department With Rural Pipe & Supply Of Jasper, Texas, In The Not-To-Exceed Total Amount Of $120,000.00 Funds Are Available In Account Nos. 410-1253-532.35-00, Water System Maintenance, & 414-1621-532.85-00, Water System AGENDA October 24, 2017 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 19905 - A Resolution Authorizing The Execution Of Contracts For The Purchase Of Water And Wastewater Treatment Chemicals For Utilities Operations Department With Shrieve Chemical Co., Brenntag Southwest, Inc., DXI Industries, Inc., Pencco, Inc., And Shannon Chemical Corp. With A Projected Budgetary Impact Of $396,559.50. Budgeted Funds Are Available In Water Purification And Wastewater Treatment Divisions Account Nos. 410-1252-532.29-02 & 410-1256-532.29-02, Treatment Chemicals (4) P.R. No. 19910 — A Resolution Authorizing The 2017-2018 Jefferson County Appraisal District Funding Allocation In An Amount Of $209,280.00. Account No. 001-1031-515.54-00 (5) P.R. No. 19911 - A Resolution Authorizing The 2017-2018 Orange County Appraisal District Funding Allocation In An Amount Of $22,100.00. Account No. 001-1031-515.54-00 (6) P. R. No. 19912 - A Resolution Approving A Contract Between The City Of Port Arthur, Lamar State College-Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2017-2018 Fiscal Year In The Amount Of $246,336.00, Account No. 140-1405-551.59-00, M97904 (7) P.R. No. 19913 — A Resolution Approving A Contract Between The City Of Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding Of The Pompeiian Villa For The 2017-2018 Fiscal Year In The Amount Of $19,800.00 Account No. 140-1405- 551.59-00, M97909 (8) P.R. No. 19914 — A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates A Convention/Visitors Bureau In Order To Provide Funding Of The 2017 — 2018 Fiscal Year In The Amount Of $645,000.00, Account No. 140-1405-551.59-00 M97912 -1 AGENDA October 24, 2017 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 19936 — A Resolution Approving Amendment To The Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And AJ Entertainment LLC (10) P.R. No. 19937 — A Resolution Requesting City Council To Approve Emergency Repairs To A Raw Water Transfer Pump At The Water Purification Plant In The Amount Of $29,051.50 From Account Number 410-1252-532.42-00, Equipment Maintenance (11) P.R. No. 19938 — A Resolution Authorizing The Purchase Of Seven (7) Chevrolet Tahoe Police Vehicles From Caldwell County Chevrolet, Caldwell, Texas, Through Buyboard Cooperative Purchase Contract #521-16 In The Amount Of $316,751.00; Funding Available In Police/Motor Vehicle Account No. 625-1801- 521.93-00 And Development Services/Gaming Account No. 625- 1801-517.93-00 (12) P.R. No. 19941 - A Resolution Authorizing The Purchase Of One Pierce Fire Engine For The Fire Department Via The HGAC Buy Cooperative Purchasing Program From Siddons-Martin Emergency i Group Of Denton, Texas, With Offices In Port Arthur, Texas, In The Amount Of $799,361.00; Funding Available In Fire / Motor Vehicle Account Number 625-1801-522.93-00 (13) P.R. No. 19942 - A Resolution Authorizing The Purchase Of Twelve (12) Self Contained Breathing Apparatus (SCBA) From Casco Industries Of Houston, Texas, In The Amount Of $90,000.00; Funding Available In Fire / Equipment Account Number 001-1121- 522.92-00 (14) P.R. No. 19943 — A Resolution Authorizing Filing An Application With The U.S. Environmental Protection Agency (EPA) For A Brownfields Area-Wide Planning Grant In The Amount Of $300,000.00 5 AGENDA October 24, 2017 VI. CONSENT AGENDA — CONTINUED (15) P.R. No. 19946 — A Resolution Authorizing The City Manager To Execute Contracts Between Its Third Party Administrators (Administrative Services Only) For The City Of Port Arthur Blue Cross Medicare Advantage PPO And Prescription Drug Plan For Its Medicare Eligible Retirees And/Or Their Medicare Eligible Dependents(S), And Authorizing The City Manager To Execute All Documents Necessary For Its 1/01/18 — 12/31/18 Plan Year (Need Original) (16) P.R. No. 19948 - A Resolution Authorizing The City Manager To Enter Into Agreement With The Department Of Public Safety (DPS) / Texas Division Of Emergency Management (TDEM) And The City Of Port Arthur, To Assist With FEMA Grants/Funding In Connection With The Hurricane Harvey Disaster (FEMA- 4332-DR-TX) (17) P.R. No. 19949 — A Resolution Authorizing The Purchase Of One (1) 2018 Chevrolet 1500 Silverado 4x2-SSV Crew Cab Pickup From Caldwell Country Chevrolet, Caldwell, Texas, Through Buyboard Cooperative Purchase Contract #521-16 In The Amount Of $42,326; Funding Available In Account No. 625-1801-517.93-00 (18) P.R. No. 19950 — A Resolution Authorizing Ratification Of Emergency Repairs To The 36" Water Transmission Main On Savannah Avenue For The Utility Operations Department By Jet Aeration Of Texas, LLC, Of Vidor, Texas With A Projected Budgetary Impact Of $80,000.00; Funding Available In Account No. 410-1253-532.35-00 (19) P. R. No. 19951 - A Resolution Requesting That Service Plans Be Prepared For Industrial District Areas And For Areas As It Pertains To The Points Of Delivery Of Electricity By Entergy To Industrial Customers (20) P.R. No. 19952 - A Resolution Authorizing The Payment For Emergency Repairs To Ladder 1 (1590) For Damage Sustained During The Flooding Associated With Hurricane Harvey To Siddons- Martin Emergency Group Of Port Arthur, Texas, In The Amount Of $58,758.41; Funding Available In Account Number 147-2300- 901.43-00 Project Number 082617 6 AGENDA October 24, 2017 VI. CONSENT AGENDA — CONTINUED (21) P.R. No. 19953 - A Resolution Authorizing The Purchase Of Two (2) Zoll Defibrillators Due To Damage Sustained During The Flooding Associated With Hurricane Harvey From Zoll Medical Corporation Of Chelmsford, Massachusetts, In The Amount Of $60,550; Funding Available In Account Number 147-2300-901.92-00 Project Number 082617 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P. R. No. 19954 - A Resolution Appointing Members To The City Of Port Arthur's Electrical Advisory Board (Requested By Councilmember Lewis) (2) P.R. No. 19955 - A Resolution Appointing Member(S) To The Zoning Board Of Adjustment (Requested By Councilmember Lewis) (3) P. R. No. 19956 - A Resolution Approving Two Industrial District Expansion Agreements With Colonial Pipeline Company (Requested By Councilmember Lewis) B. Ordinance — Non-Consent (1) P.O. No. 6656 - An Ordinance Adding To Chapter 14, Boards, Authorities, Commissions And Committees, Article XXIII - Port Arthur Electrical Advisory Board To The Code Of Ordinances Creating Said Board, Establishing Membership Criteria, Terms Of Office, And Delineating Duties Of Said Board (Requested By Councilmember Lewis) 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: AGENDA October 24, 2017 VIII. *CLOSED MEETING (EXECUTIVE SESSION) CONTINUED "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 Regarding Cause No. E-200319; City of Port Arthur v. German Pellets Texas, LLC and Texas Pellets, Inc. (2) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Colonial Pipeline Company) (4) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (5) Section 551.074 Government Code – To Discuss The Duties And Responsibilities Of The City Manager (Requested by Councilmember Doucet) (6) Section 551.072 Government Code – To Discuss The Value of The Land located at 3451 57th Street 8 AGENDA October 24, 2017 X. 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 September 27, 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 ************************************************************ 9 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.