HomeMy WebLinkAboutDECEMBER 5, 2017 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAYOR , —� JIMMY JOHNSON
CAL J.JONES,MAYOR PRO TEM City of ACTING CITY MANAGER
COUNCIL MEMBERS: IJ SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
THOMAS J.KINLAW,III 01-1 r t I7 u r
HAROLD DOUCET,SR. VAL TREND
WILLIE"BAE"LEWIS,JR. Tex CITY ATTORNEY
OSMAN SWATI
CHARLOTTE MOSES
KAPRINA FRANK
AG EN DA
City Council
Regular Meeting
December 5, 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.
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City Council Meeting
City Hall Council Chamber
City Of Port Arthur
December 5, 2017
5:30 P.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
Acting City Manager Johnson
City Secretary Bellard, TRMC
City Attorney Tizeno
Sergeant At Arms:
Police Chief Melvin Or Designee
II. PROCLAMATIONS
Proclamations
III. PETITIONS & COMMUNICATIONS
A. Speakers — None
B. Presentations
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(1) A Presentation Concerning Storm Water Overflow After Hurricane
Harvey (Requested By Councilmember Lewis)
(2) A Presentation By Kandace M. Tappen, Assistant City Manager And
Larry Richard, Fire Chief Regarding The Fire Team Mercer Report
C. Employee Recognition — None
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AGENDA
DECEMBER 5, 2017
III. PETITIONS & COMMUNICATIONS — CONTINUED
D. Correspondence — None
E. Discussion
(1) Discussion Regarding Aides And Volunteers To The City As A Result
Of Hurricane Harvey (Requested By Councilmember Doucet)
IV. PUBLIC HEARINGS — 6:00 P.M. — NONE
V. UNFINISHED BUSINESS
(1) P.R. No. 20000 — A Resolution Appointing An Interim City Manager
For The City Of Port Arthur And Establishing The Terms Of
Employment
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. City Manager Brian McDougal
International Council of Shopping Centers
Texas Conference & Deal Making
November 8 — 10, 2017
Dallas, Texas $1,235.32
A2. City Secretary Sherri Bellard:
Administration Conference
October 25 - 28, 2017
Austin, Texas $1,479.45
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AGENDA
DECEMBER 5, 2017
VI. CONSENT AGENDA — CONTINUED
C. Resolutions — Consent
(1) P.R. No. 19986 - 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 Florida Gas
Transmission Company (FGT) Of Houston, Texas For The
Installation Of A Sixteen Inch (16") Carbon Steel Pipeline Within
The City Limits Of Port Arthur, Texas
(2) P.R. No. 19995 - A Resolution Authorizing The Fire Department To
Purchase Hazardous Materials Response Team Equipment From
Farrwest Of Schertz, Texas, In The Amount Of $39,126.00 With
Funds Awarded From The 2017 State Homeland Security Program-
Law Enforcement Terrorism Prevention Program (SHSP-LETPP)
Grant; Funds Available In Fire/Minor Equipment Account No. 001-
1121-522.25-00
(3) P.R. No. 19996 - A Resolution Authorizing The Fire Department To
Purchase Public Safety Dive Equipment From True Blue Watersports
From Lake Charles, Louisiana, In The Amount Of $25,325.00 With
Funds Awarded From The 2017 State Homeland Security Program-
Law Enforcement Terrorism Prevention Program (SHSP-LETPP)
Grant; Funding Available In Fire/Minor Equipment Account No. 001-
1121-522.25-00
(4) P.R. No. 19999 - A Resolution Authorizing The Purchase Of One (1)
2018 Chevrolet 1500 Silverado 4x2-SSV Crew Cab Pickup From
Caldwell Country Chevrolet, Caldwell, Texas, In The Amount Of
$41,835.00; Funding Available In Hurricane Harvey Account No.
147-2300-901.92-00 Project 082617
(5) P.R. No. 20005 — A Resolution Terminating The Contract With EP
HVAC Of Beaumont, Texas For Air Conditioning And Heating
Maintenance And Repair Contract For The City Of Port Arthur
Buildings
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AGENDA
DECEMBER 5, 2017
VI. CONSENT AGENDA — CONTINUED
(6) P.R. No. 20006 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $270,669.87
Made Against Wright National Flood Insurance Company As A
Result Of The Flood Damage To Fire Station #5 (6099 Lewis Foster
Drive)
(7) P.R. No. 20010 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $700,000.00
Made Against Wright National Flood Insurance Company As A
Result Of The Flood Damage To The Public Works Operation Center
(8) P.R. No. 20011 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $192,147.47
Made Against Wright National Flood Insurance Company As A
Result Of The Flood Damage To The Municipal Service Station (101
H.O. Mills Boulevard)
(9) P.R. No. 20012 — A Resolution Approving Payment In The Not To
Exceed Amount Of $42,377.65 For Annual Consolidated Water
Quality Assessment Fees From Texas Commission On
Environmental Quality For The Water Purification Facilities In City
Of Port Arthur. Funding Is Provided For In Utility Operations
Department, Water Purification Division, Account No. 410-1252-
532.59-01, Regulatory Fees
(10) P.R. No. 20013 — A Resolution Authorizing Amendment No. 2 To
The Contract Between The City Of Port Arthur And Tender Loving
Care Center For Children D/B/A Legacy Community Development
Corporation, To Extend The Contract Expiration Date From
December 31, 2017, To December 31, 2018
(11) P.R. No. 20014 — A Resolution Authorizing The Payment Of An
Invoice For The Emergency Replacement Of A Manhole And
Relocation Of A 14" Force Main On Twin City Highway For Utilities
Operations Department To Allco, LLC, Of Beaumont, Texas, In The
Total Amount Of $58,080.51. Funds Are Available In Account No.
410-1255-532.33-00, Sewer System Maintenance
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AGENDA
DECEMBER 5, 2017
VI. CONSENT AGENDA — CONTINUED
(12) P.R. No. 20018 — A Resolution Authorizing The Fiscal Year 2018
Street Program — Year 1 With Funding Available In Capital Projects
Account No. 307-1601-591.86-00
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P. R. No. 20002 — A Resolution Appointing And/Or Reappointing A
Member Or Members To The Construction Board Of Adjustments
And Appeals
B. Ordinance — Non-Consent
(1) P.O. No. 6659 - An Ordinance Approving A Collective Bargaining
Agreement Between The City Of Port Arthur And The International
Association Of Fire Fighters Local 397. Proposed Funding: Fire
Department Budget Account No. 001-1121-522.11-00
(2) P.O. No. 6661 — An Ordinance Designating Tuesday December 26,
2017, As A Legal Holiday
(3) P.O. No. 6664 — An Ordinance Authorizing A Special Warranty Deed
For Conveyance Of Property To An Eligible Homeowner
Participating In The Neighborhood Stabilization Program 1 (NSP 1)
Side Lot Disposition Program
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 December 6, 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
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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.