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HomeMy WebLinkAboutNOVEMBER 21, 2017 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR BRIAN McDOUGAL CAL J.JONES,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: ' 1�i SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY THOMAS J.KINLAW,III % Ort r t h u r HAROLD DOUCET SR. Texas VAL TIZENO WILLIE"BAE"LEWIS,JR. CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AGENDA City Council Regular Meeting November 21, 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 November 21, 2017 8:30 A.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) Laura Welch Regarding Department Of Family And Protective Services Financial Exploitation Event (2) Liaquat Khowaja And Dr. Hina Azam Regarding Funding For Community Clinic (3) Randy Vaughn Regarding Mission Of Help I'm Hurting, Inc. Goals And Objectives 1 AGENDA NOVEMBER 21, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Presentation By Finance Director Andrew Vasquez Regarding Monthly Revenue And Expenditures C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 9:00 A.M. The Purpose Of This Public Hearing Is To Discuss And Review Plans For The City Of Port Arthur, Texas Proposal To Institute Annexation Proceedings To Enlarge And Extend The Boundary Limits Of The City To Include The Following Described Territory, To-Wit: "BTP" (BASF Total Petrochemicals LLC, Total Petrochemicals & Refining USA, Inc., And BASF Corporation), BASF (Old Sandoz), Chevron Phillips Chemical Company, LP, Chevron USA, Flint Hills Resources Port Arthur, LLC (FHR PA), Oxbow Calcining, LLC., Praxair, Inc., (Located On The Property Of The Motiva Refinery), Premcor Refining Group, Inc., (Valero), Air Products & Chemicals, (Located On the Property Of The Valero Refinery), Praxair, Inc., (Located On The Property Of The Valero Refinery), Total Petrochemicals & Refining USA And Total Par, LLC, GT Logistic, LLC And Golden Triangle Properties (GT Omniport), and Premcor (Valero). The Maps And Legal Descriptions Are Available For Review In The Office Of The City Secretary. This is the First Public Hearing to Be Held By And Before The City Council Of The City Of Port Arthur, Texas, For All Persons Interested In The Above Proposed Annexation Pursuant To Chapter 43 Of The Texas Local Government Code. There Will Be An Opportunity To Discuss The Implementation Of Service Plans For The Extension Of Full Municipal Services To Areas In The City Of Port Arthur's Extraterritorial Jurisdiction That Are Being Considered For Annexation At Which Persons Interested In The Annexation Are Given The Opportunity To Be Heard (Continued On Page 3) AGENDA NOVEMBER 21, 2017 IV. PUBLIC HEARINGS — 9:00 A.M. (Continued From Page 2) Additionally, Entergy Has Metering Locations And Substations In The City's Extraterritorial Jurisdiction (ETJ) And In These Industrial Areas That The City Seeks To Annex 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 October 10, 2017 Regular Meeting October 24, 2017 Regular Meeting November 1, 2017 Special Meeting November 7, 2017 Special Executive Meeting November 7, 2017 Regular Meeting November 13, 2017 Special Meeting B. Resolutions (1) P.R. No. 19961 — A Resolution Authorizing The Emergency Rental Of Landfill Equipment From Allco, LLC, Mustang Rental And Crowder Gulf Due To The Excessive Depositing Of Debris Cleanup In The Amount Not To Exceed $300,000.00. Funds Are Available In The Public Works Hurricane Harvey Account No. 147-2300-901.51- 00, #082617; WF 0663381-006 AGENDA NOVEMBER 21, 2017 VI. CONSENT AGENDA — CONTINUED (2) P. R. No. 19965 — A Resolution Directed To The Office Of The Comptroller Of The Currency Protesting Permanent Closure Of The Capital One Bank Downtown Branch (Requested By Councilmember Lewis) (3) P.R. No. 19968 — A Resolution Authorizing The City Manager To Execute Change Order No. 03 To The Contract Between The City Of Port Arthur And Excavation And Construction, LLC Of Nederland, Texas For The 4th Street Improvements Project, Increasing The Contract Amount By $58,969.04 To A New Contract Amount Of $947,581.78 And Increasing The Contract Term By 20 Days To A New Total Of 165 Days. Project No. 4THST1, Account No. 105- 1431-552.86-01 CDBG (4) P.R. No. 19972 - A Resolution Authorizing The City Manager To Execute A Grant Agreement With The Texas Department Of Transportation For Fiscal Year 2018 For Port Arthur Transit System Operating Fund Assistance (5) P.R. No. 19974 - A Resolution Authorizing The City Manager To Enter Into A Contract For Management Of The City Of Port Arthur's Pleasure Island RV Park With Melissa J. Wilson Of Port Arthur, Texas; Funding Available In Account No. Pleasure Island Other Contractual Services Account No. 450-1292-549.59-00 (6) P.R. No. 19975 — 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 $48,050.00; Funding Available In Fire/Motor Vehicles Account No. 625-1801-522.93-00 (7) P.R. No. 19980 - A Resolution Authorizing The First Renewal, Second Year, Of An Annual Contract With Double W. Services, L.L.C. Of Meridian, Texas For The Repair And Refurbishing Of Refuse Containers With A Projected Budgetary Impact In The Amount Of $50,000. Funding Is Available In Account No. 403-1273- 533.59-00, Public Works Department Solid Waste Container Service Division - Other Contractual Services 4 AGENDA NOVEMBER 21, 2017 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 19981 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $7,024.41 Made Against Wright National Flood Insurance Company As A Result Of The Flood Damage To The Sabine Pass Community Center (9) P.R. No. 19982 - A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $39,421.91 Made Against Wright National Flood Insurance Company As A Result Of The Flood Damage To The Golf Course Maintenance Building (10) P.R. No. 19983 - A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $286,362.69 Made Against Wright National Flood Insurance Company As A Result Of The Flood Damage To Fire Station #8 (7800 9th Avenue) (11) P.R. No. 19984 - A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $58,758.01 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Fire Ladder Truck #1590 (12) P.R. No. 19985 - A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $3,571.37 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Transit Vehicle #230 (13) P.R. No. 19987 - A Resolution Authorizing The Calling Of A Public Hearing On Tuesday December 19, 2017 At 9:00 A.M. To Consider Whether Or Not To Issue A Major Pipeline Permit To G T Pipeline, LLC Of San Antonio, Texas For The Installation Of A Twenty Inch (20") Carbon Steel Pipeline And A Sixteen Inch (16") Carbon Steel Pipeline Within The City Limits Of Port Arthur, Texas 5 AGENDA NOVEMBER 21, 2017 VI. CONSENT AGENDA — CONTINUED (14) P.R. No. 19990 - A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For 2.7650 Acres Of Land Consisting Of Tract 7, Abstract No. 155 WM King Survey [A.K.A. 8660 South 1st Avenue], Port Arthur, Jefferson County, Texas For Commercial Development Z16-07 [SUP# 231] (15) P. R. No. 19991 - A Resolution Rescinding Resolution No. 17-170 In Its Entirety As It Pertains To The Homeowner Written Agreement For The Assumption Of The Property Located At 1938 Thomas Boulevard, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (16) P.R. No. 19992 - A Resolution Approving Payment In The Not To Exceed Amount Of $95,227.11 For The TCEQ Annual Consolidated Water Quality Assessment Fees For All Three (3) Wastewater Treatment Facilities In The City Of Port Arthur. Utility Operations Department, Wastewater Treatment Division, Account No. 410- 1256-532.59-01 (17) P.R. No. 19994 - A Resolution Authorizing The City Manager To Authorize A Homeowner Written Agreement For The Assumption Of The Property Located At 1938 Thomas Boulevard, Port Arthur, Texas Through The City's Homebuyers Assistance Program VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19988 - A Resolution Appointing And/Or Reappointing Member(s) To The Historical Landmark Commission (2) P. R. No. 19998 — A Resolution Casting Votes For The Board Of Directors Of The Jefferson County Appraisal District For The Term Ending December 31, 2019 6 AGENDA NOVEMBER 21, 2017 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED (3) P. R. No. 20000 — A Resolution Appointing An Interim City Manager For The City Of Port Arthur And Establishing The Terms Of Employment (4) P.R. No. 20003 - A Resolution Directing The Purchasing Department To Solicit Proposals From Qualified Search Firms As It Pertains To The City Manager Position B. Ordinance — Non-Consent (1) P.O. No. 6655 - An Ordinance Amending Section 58, Article III. - Recreational Vehicle Parks Regarding The Process To Receive Approval For A Recreational Vehicle Park. (Violation Of This Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 58-131 Of This Ordinance, By A Fine Not Exceeding Two Hundred [$200.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date (2) P.O. No. 6660 - An Ordinance Adding To Chapter 14, Boards, Authorities, Commissions And Committees, Article XXIII - Port Arthur Hurricane Harvey Citizen Recovery Advisory Board To The Code Of Ordinances Creating Said Board, Establishing Membership Criteria, Terms Of Office, And Delineating Duties Of Said Board (Requested By Mayor Freeman) 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 NOVEMBER 21, 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 551.072 Government Code – To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (2) Section 551.087 Government Code – To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Zeo Gas) (3) Section 551.071 Government Code – Consultation With The City Attorney To Discuss and Receive Legal Advice From The City Attorney Regarding A Pending Claim Related to Hurricane Harvey With Pin City, Inc. dba Max Bowl (4) Section 551.072 Government Code — To Discuss The Value Of Land Located At 3451 57th Street (former Armory Building) (5) Section 551.071 Government Code – Consultation With The City Attorney To Receive Legal Advice Regarding A Separation Agreement With The City Manager (6) Section 551.074 Government Code (Personnel Matters) – To Discuss The Appointment, Duties, And Responsibilities Of An Interim City Manager 8 AGENDA NOVEMBER 21, 2017 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 November 22, 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.