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HomeMy WebLinkAboutREGULAR MEETING 11/07/2017 DERRICK FORD FREEMAN,MAYOR BRIAN McDOUGAL
CAL J.JONES,MAYOR PRO TEM City of CITY MANAGER
COUNCIL MEMBERS: IJ SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
THOMAS J.KINLAW,III OTt Pt]til/'
HAROLD DOUCET,SR. Texas VAL TIZENO
WILLIE"BAE"LEWIS,JR. CITY ATTORNEY
OSMAN SWATI
CHARLOTTE MOSES
KAPRINA FRANK
AG E N DA
City Council
Regular Meeting
November 7, 2017
5:30 p.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.
P.O.BOX 1089 •PORT ARTHUR.TEXAS 77641-1089 •409/983-8115 • FAX 409/983-8128' www.portarthur.net
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
November 7, 2017
5:30 P.M.
PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES
I. INVOCATION, PLEDGE & ROLL CALL
Mayor Freeman
Mayor Pro Tern 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) Tod Porter Regarding Affordable Inner City Housing Solution
(2) John Beard Regarding City Issues - The Forensic Audit A Request
For Action
B. Presentations
(1) A Presentation Regarding The Amount Of Money Spent Out Of The
General Fund Due To The Hurricane Harvey Disaster (Requested By
Councilmember Lewis)
i
AGENDA
NOVEMBER 7, 2017
III. PETITIONS & COMMUNICATIONS — CONTINUED
(2) A Presentation By Police Chief Patrick Melvin Regarding Louis
Manor Task Force
(3) A Presentation By Mark Bernard Regarding Electrical And Safety
C. Employee Recognition — None
D. Correspondence — None
E. Discussion
(1) To Discuss And Possibly Take Action Regarding Public Comment,
Protesting The Closing Of The Capital One Bank's Downtown
Branch (Requested by Councilmember Lewis)
IV. PUBLIC HEARINGS — 6:00 P.M. — NONE
V. UNFINISHED BUSINESS
(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 No. 410-1253-532.35-00,
(Water System Maintenance)
(2) P. R. No. 19954 - A Resolution Appointing Members To The City Of
Port Arthur's Electrical Advisory Board (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)
AGENDA
NOVEMBER 7, 2017
V. UNFINISHED BUSINESS - CONTINUED
(4) 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)
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
October 10, 2017 Special Executive Meeting
B. Expense Reports
B1. Brian McDougal:
Attended City Manager/Administration Conference
October 21 - 25, 2017
San Antonio, Texas $2,098.69
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AGENDA
NOVEMBER 7, 2017
VI. CONSENT AGENDA — CONTINUED
C. Resolutions — Consent
(1) P.R. No. 19831 - A Resolution Authorizing The City Manager To
Approve Change Order No. 1 To The Contract Between The City Of
Port Arthur And Inland Environments, Ltd, Of Kingwood, Texas, For
The Demolition Of The Old Water Treatment Plant Project Located
At 1401 E. 19th Street, Decreasing The Contract Amount By
$90,000.00, To A New Contract Total Of $696,343.00; Accept The
Engineer's Certificate Of Completion, Contractor's Certificate And
Release, Contractor's Certificate Of Guarantee, Execute The
Certificate Of Acceptance And Authorize Payment Of The Final
Invoice In The Amount Of $34,817.15. Funding Is Available In Ike
Round 2.2 Commercial Demolition Account No. 145-1201-532.59-
00, Project No. I22WP
(2) P.R. No. 19876 - A Resolution Authorizing The First-Year Renewal
Of The Contract With Total Safety, U. S., Inc. Of Nederland, Texas,
For Asbestos And Lead Abatement Consulting Services With A
Projected Budgetary Impact Amount $50,000.00, To Be Charged To
Account No. 001-1052-517.54-00 (General Fund-Professional
Services)
(3) P.R. No. 19928 — A Resolution Authorizing An Increase To Existing
Blanket Order No. 208791 In The Amount Of $12,072.00, To A New
Total Of $54,072.00, For The Purchase Of 25% Sodium Hydroxide
Water Treatment Chemicals From Brenntag Southwest, Inc. Of
Houston, Texas; Funds Available In Water Purification Treatment
Chemicals Account No. 410-1252-532.29-02, Treatment Chemicals
(4) P.R. No. 19929 - A Resolution Authorizing The Second Year (First
Renewal) Of The Contract With Diamond Shine, Of Port Arthur,
Texas For Janitorial Services For The Water Utility Service Center,
With An Annual Projected Budgetary Impact Of $33,000.00.
Funding Is Available In Account No. 410-1253-532.59-00, (Other
Contractual Services)
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AGENDA
NOVEMBER 7, 2017
VI. CONSENT AGENDA — CONTINUED
(5) P.R. No. 19930 — A Resolution Authorizing Director Of Water
Utilities To Purchase Polymers And Delineating Procedures For The
Purchase Of Other Chemicals, With An Estimated Budgetary Impact
Of $1,645,000.00. Funding Available In Water Utilities Account
No(s) 410-1252-532.29-02, $1,510,000.00, (Water Treatment
Chemicals) And 410-1256-532.29-02, $135,000.00 (Wastewater
Treatment Chemicals)
(6) P.R. No. 19932 — A Resolution Authorizing The Second Year (First
Renewal) Of The Contract With Joey's Tractor Service Of Port
Arthur, Texas And The City Of Port Arthur Section 4A Economic
Development Corporation For Grass Cutting Services At The Spur
93 Business Park Not To Exceed $20,790 (Account Number 120-
1429-582.59-02)
(7) P.R. No. 19933 — A Resolution Authorizing The Second Year (First
Renewal) Of The Contract With Affordable Lawn And Tractor
Service Of Port Arthur, Texas And The City Of Port Arthur Section
4A Economic Development Corporation For Grass Cutting Services
At The Highway 73 Business Park Not To Exceed $10,000 (Account
Number 120-1429-582.59-02)
(8) P.R. No. 19944 — A Resolution Authorizing The Purchase Of Police
Equipment, Accessories And Ammunition From G.T. Distributors Of
Austin, Texas, Under Buyboard Contract With A Projected
Budgetary Impact Of $40,000. Funds Available In Police Minor
Equipment Account No. 001-1101-521.25-00 ($10,000) And Police
Other Supplies - Material Account No. 001-1101-521.29-00
($30,000)
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AGENDA
NOVEMBER 7, 2017
VI. CONSENT AGENDA— CONTINUED
(9) P.R. No. 19945 — 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 $26,500. Funds
Are Available In Police Department Uniform And Cleaning Account
No. 001-1101-521.26-00
(10) P.R. No. 19947 — A Resolution Authorizing The City Manager To
Execute A Worksite Agreement With Workforce Solutions Of
Southeast Texas Pursuant To The Disaster Relief Temporary
Employment Program (I.E. National Dislocated Worker
(NDW) Grant Program) Relating To Hurricane/Tropical Storm
Harvey
(11) P.R. No. 19958 — A Resolution Authorizing The City Manager To
Accept Funding For Fiscal Year From The 2017 State Homeland
Security Program-Law Enforcement Terrorism Prevention Program
(SHSP-LETPP) Grant Award In The Amount Of $81,158, With No
Cash Match Required
(12) P.R. No. 19959 — A Resolution Authorizing The City Manager To
Enter Into A 5-Year Agreement With Axon Enterprises, Inc.
(Formally Known As Taser International) For The Purchase Of 100
Tasers And Accessories For The Amount Of $26,400 Per Year, With
A Trade-In Program That Provides First Year Discounts, Making The
First-Year Payment Of $16,400. Funds Available In Police Minor
Equipment Account No. 001-1101-521.25-00
(13) P.R. No. 19962 — A Resolution Authorizing The City Manager To
Execute Change Order No. 01 To The Contract Between The City
Of Port Arthur And Statewide Traffic Signal Company Of Houston,
Texas For The Installation Of Traffic Signal At 9th Avenue And Lake
Arthur Drive Signal Installation Project, Increasing The Contract
Term By 30 Days To A New Total Of 120 Days
6
AGENDA
NOVEMBER 7, 2017
VI. CONSENT AGENDA — CONTINUED
(14) P.R. No. 19964 — A Resolution Authorizing Payment To Acadian
Ambulance Service Of Texas, LLC, In The Amount Of $32,558.00;
Hurricane Harvey Account No. 147-2300-901.59-00, Project No.
082617
(15) P.R. No. 19969 - A Resolution Authorizing The City Manager To
Purchase A 2017 Ford 15 Passenger Van For The Police
Department From Silsbee Ford Of Silsbee, Texas, For Replacement
Due To Hurricane Harvey, With A Projected Budgetary Impact Of
$30,162.50; Funding Available In Hurricane Harvey Account
Number 147-2300-901.92-00, Project No. 082617
(16) P.R. No. 19970 - A Resolution Authorizing The City Manager To
Execute An Agreement With Maverick Communications For The
Installation Of Network Cabling And Related Components In The
Police, Fire And Municipal Court Buildings, With A Projected
Budgetary Impact Of $49,777.77. Capital Projects/Equipment
Account No. 307-1601-591.92-00
(17) P.R. No. 19973 — A Resolution Nominating BASF Corporation To
The Office Of The Governor Economic Development And Tourism
(OOGEDT) Through The Economic Development Bank For
Designation As A Qualified Business And Enterprise Project Under
The Texas Enterprise Zone Program Under The Texas Enterprise
Zone Act, Chapter 2303, Texas Local Government Code
AGENDA
NOVEMBER 7, 2017
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P. R. No. 19966 — A Resolution Casting Votes For The Board Of
Directors Of The Orange County Appraisal District For The Term
Ending December 31, 2018
(2) P.R. No. 19977 - A Resolution Authorizing The City Manager To
Execute A Contract Between Texas Municipal League
Intergovermental Risk Pool — Turnkey Recovery Program To
Rebuild Fire Station #6 (4448 9th Avenue)
B. Ordinance — Non-Consent
(1) P.O. No. 6643 — An Ordinance Amending Ordinance Number 98-04,
Which Established The Construction Board Of Adjustments And
Appeals
(2) P.O. No. 6654 - An Ordinance Authorizing A Special Warranty Deed
For Conveyance Of Properties To An Eligible Homeowner
Participating In The Neighborhood Stabilization Program 1 (NSP 1)
Side Lot Disposition Program
(3) P. 0. No. 6658 — An Ordinance Amending Chapter 14, Article VII
(Construction Board Of Adjustments And Appeals) Sections 14-211
(Created) And 14-212 (Membership) Of The Code Of Ordinances Of
The City Of Port Arthur
VIII. ADJOURNMENT OF MEETING
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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 November 8,
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
************************************************************
8
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.