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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. -11 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 1 (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 1 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 2 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 3 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 4 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 ************************************************************ 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 ************************************************************ 5 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.