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HomeMy WebLinkAboutDECEMBER 19, 2017 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAN OR E„e,g, HARVEY ROBINSON CAL J.JONES,MAYOR PRO TEM city of city INTERIM CITY MANAGER )4l COUNCIL MEMBERS: di& SHERRI BELLARD. I RMC RAYMOND SCOTT,JR. CITY SECRET RN THOMAS J.KINLAW,III ort m b a r HAROLD DOUCET,SR. VAL TIZENO WILLIE"BAE" LEWIS.JR. ` icr CITY ATTORNEY OSMAN MA ATI CHARLOTTE MOSES KAPRINA FRANK AG EN DA City Council Regular Meeting December 19, 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 December 19, 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 Interim City Manager Robinson City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Melvin Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) John Beard Jr., Regarding Industrial Expansion & Public Accountability In The City Of Port Arthur B. Presentations (1) A Presentation By Richard Record, Cirrus Associates, L.L.C. And Jill Kotvis, P.C. Regarding The Municipal Setting Designation (MSD) Application By Port Arthur Barge, Inc. (Formerly Carotex) 1 AGENDA DECEMBER 19, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition — None D. Correspondence — None E. Discussion (1) Discussion And Possible Action Regarding The Designation Of The Port Arthur News As The Cities Official Newspaper (Requested By Councilmember Doucet) IV. PUBLIC HEARINGS — 9:00 A.M. (1) A Public Hearing To Consider Whether Or Not To Issue A Major Pipeline Permit To GT 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 (2) A Public Hearing 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 (3) A Public Hearing To Consider Whether Or Not To Issue Z17-06 [Sup# 231] — 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. V. UNFINISHED BUSINESS — NONE AGENDA DECEMBER 19, 2017 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 November 21, 2017 Regular Meeting November 28, 2017 Special Meeting December 05, 2017 Special Executive Meeting December 05, 2017 Regular Meeting B. Expense Reports B1. Councilmember Thomas Kinlaw, III: The National League Of Cities City Summit November 15 — 18, 2017 Charlotte, NC $1,975.65 B2. Councilmember Willie "Bae" Lewis, Jr: The National League Of Cities City Summit November 15 — 18, 2017 Charlotte, NC $2,391.21 B3. Councilmember Charlotte Moses: The National League Of Cities City Summit November 15 — 18, 2017 Charlotte, NC $2,314.42 AGENDA DECEMBER 19, 2017 VI. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 19993 — A Resolution Authorizing The Execution Of Community Development Block Grant Interoffice Agreements With Housing Assistance, Grants Management, And Public Works And Contracts Between The City Of Port Arthur And The Nonprofit Service Organizations For Public Service Activities In The Amount Of $42,000.00 This Being $5,000.00 For Gift Of Life; $10,000 For Nutrition And Services For Seniors; And $27,000.00 For Catholic Charities For The Benefit Of The Low And Moderate-Income Residents Of The City (2) P.R. No. 20007 — A Resolution Authorizing The City Manager To Enter Into A Contract With DYSIS Solutions, Inc. Of Ashburn, Virginia, For The Purchase Of An Integrated Hybrid Voice Over Internet Protocol (VOIP) System And Supporting Network Infrastructure And Services In The Total Amount Of $1,223,742.40, And A Five Year Master Lease Agreement With Cisco Systems Capital Corporation In The Annual Amount Of $244,749.49; Funding Available In Capital Projects/Equipment Account No. 307- 1601-591.92-00 (3) P.R. No. 20015 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $379,166.13 Made Against Wright National Flood Insurance Company As A Result Of The Flood Damage To The Water Service Warehouse (111 E. Hwy 73) (4) P.R. No. 20016 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $8,082.22 Made Against Wright National Flood Insurance Company As A Result Of The Flood Damage To The Foster Estates Pumphouse (6000 Lewis Drive) (5) P.R. No. 20017 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $283,400.79 Made Against Wright National Flood Insurance Company As A Result Of The Flood Damage To The Water Service Center (111 H.O. Mills Blvd.) 4 AGENDA DECEMBER 19, 2017 VI. CONSENT AGENDA — CONTINUED (6) P. R. No. 20020 — A Resolution Authorizing The Execution Of An Industrial District Agreement Between The City Of Port Arthur And BASF Total Petrochemicals LLC, Total Petrochemicals & Refining USA, Inc., And BASF Corporation ("BTP") (7) P.R. No. 20021 — A Resolution Authorizing The Execution Of An Industrial District Agreement Between The City Of Port Arthur And BASF Corporation (8) P.R. No. 20022 — A Resolution Authorizing The Execution Of An Industrial District Agreement Between The City Of Port Arthur And Chevron Phillips Chemical Company LP (9) P.R. No. 20023 — A Resolution Authorizing The Execution Of An Industrial District Agreement Between The City Of Port Arthur And Chevron U.S.A., Inc. (10) P.R. No. 20024 — A Resolution Authorizing The Execution Of An Industrial District Agreement Between The City Of Port Arthur And Flint Hills Resources Port Arthur, LLC (11) P.R. No. 20025 — A Resolution Authorizing The Execution Of An Industrial District Agreement Between The City Of Port Arthur And Praxair, Inc. (Motiva Location) (12) P.R. No. 20026 — A Resolution Authorizing The Execution Of An Industrial District Agreement Between The City Of Port Arthur And Praxair, Inc. (Valero Location) (13) P.R. No. 20027 — A Resolution Authorizing The Execution Of An Industrial District Agreement Between The City Of Port Arthur And Total Petrochemicals & Refining USA, Inc. And Total Par, LLC (14) P.R. No. 20028 — A Resolution Authorizing The Execution Of An Industrial District Agreement Between The City Of Port Arthur And Oxbow Calcining, LLC AGENDA DECEMBER 19, 2017 VI. CONSENT AGENDA — CONTINUED (15) P.R. No. 20029 — A Resolution Authorizing The Execution Of An Industrial District Agreement Between The City Of Port Arthur And The Premcor Refining Group, Inc. (16) P.R. No. 20030 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With GT Logistics LLC And Golden Triangle Properties (17) P.R. No. 20031 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract With Diamond Shine Building Service Of Port Arthur, Texas, For Janitorial Services For The Police Department, Fire Department, And Municipal Court Buildings With An Annual Projected Budgetary Impact Of $66,684.00; Funding Available In Police Department Building Maintenance Account No. 001-1101-521.32-00 (18) P.R. No. 20037 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $463,855.19 Made Against Wright National Flood Insurance Company As A Result Of The Flood Damage To The Municipal Garage (103 H.O. Mills Blvd.) (19) P.R. No. 20038 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $2,991.19 Made Against Wright National Flood Insurance Company As A Result Of The Flood Damage To The Golf Course Pumphouse #2 (3500 75th Street) (20) P.R. No. 20039 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $3,725.84 Made Against Wright National Flood Insurance Company As A Result Of The Flood Damage To The Golf Course Pumphouse #1 (3500 75th Street) 6 AGENDA DECEMBER 19, 2017 VI. CONSENT AGENDA — CONTINUED (21) P.R. No. 20044 — A Resolution Authorizing A Non-Exclusive Contract With DRD PAT Hotel, LTD D/B/A Holiday Inn — Park Central As To Provide Services, Supplies, Accommodations, Or Conference Rooms In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2018 To December 31, 2020 (22) P.R. No. 20045 — A Resolution Authorizing A Non-Exclusive Contract With The American Legion Post 7 As To Provide The Use Of Their Facility At 3750 Memorial In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2018 To December 31, 2020 (23) P.R. No. 20046 — A Resolution Authorizing A Non-Exclusive Contract With Market Basket As To Provide Groceries And Goods In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2018 To December 31, 2020 (24) P.R. No. 20047 — A Resolution Authorizing A Non-Exclusive Contract With Derrick Oil Company As To Provide Services, Fuel, Lubricants, Tanks, Trucks, Goods, And Equipment At 947 Procter And 1349 Austin Avenue In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2018 To December 31, 2020 (25) P.R. No. 20048 — A Resolution Authorizing A Non-Exclusive Contract With Sprint Waste Services, LP, As To Provide Roll-Off Boxes For Garbage, Drinking Water, And Portable Toilets In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2018 To December 31, 2020 (26) P.R. No. 20050 — A Resolution As It Pertains To Entering Into A Lease Agreement With The Port Arthur Independent School District For Unassigned eSlate Disabled Access Units (DAU'S) , eSlate Voting Machines And Unassigned Judges Booth Controllers (JBC'S) For The May 5, 2018 General Election AGENDA DECEMBER 19, 2017 VI. CONSENT AGENDA — CONTINUED (27) P.R. No. 20053 — A Resolution Regarding A Lease Purchase Agreement For The Purpose Of Financing "Flood Damaged Replacement Vehicles'; The Total Equipment Cost Is $6,079,472.00, With Annual Lease Payments Of $1,326,048.92 For A Five (5) Year Period; Funding Available In Account No. 147-2300- 901-92 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19976 — A Resolution Authorizing The Acceptance Of A Donation To The City Of Port Arthur As A Result Of Hurricane Harvey (2) P.R. No. 20036 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Kinlaw) (3) P.R. No. 20040 — A Resolution Approving An Economic Development Conditional Grant Agreement Between PARC Enterprises, Inc. And The City Of Port Arthur Section 4A Economic Development Corporation (4) P.R. No. 20041 — A Resolution Approving An Economic Incentive Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation & AWC, Inc. D/B/A Alford, Woods And Childs Texas, Inc. 8 AGENDA DECEMBER 19, 2017 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (5) P.R. No. 20042 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract With The FLOR Group To Develop And Implement A Direct Marketing Campaign To Schedule And Arrange Meetings With Companies Nationally And Internationally That Are Considering An Expansion Or Relocation, And Willing To Consider Port Arthur, Texas As A Potential Location In The Amount Of $12,500.00 Plus $500.00 Per Qualified Lead; The Goal Is A Minimum Of 8-10 Meetings And PAEDC Will Make Determination To Whether The Meeting Was Qualified Or Not. Account No. 120-1429-582.59-06 (6) P.R. No. 20043 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Micro-Loan Agreement With Asia Jones For The Amount Of $14,000.00 For The Renovation, Purchase Of Equipment, And Purchase Of A Building Located At 1621 Houston Avenue In Port Arthur, Texas Associated With A New Business Known As Finessed Beauty Bar (7) P.R. No. 20051 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Construction Board Of Adjustments And Appeals (Requested By Mayor Pro Tern Jones) B. Ordinance — Non-Consent (1) P.O. No. 6665 — An Ordinance Delineating The Number Of Authorized Police Officer Positions In The Police Department (2) P.O. No. 6666 — An Ordinance Authorizing Deed Restrictions That Prohibit The Use Of Designated Groundwater From Beneath The 10.02 Acres Located And Addressed As 1500 Intracoastal Road To Facilitate Certification Of A Municipal Setting Designation Of Said Property By The Texas Commission On Environmental Quality ("TCEQ") Pursuant To The Texas Solid Waste Disposal Act; And Providing For An Effective Date Of This Ordinance 9 AGENDA DECEMBER 19, 2017 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6667 — An Ordinance Of The City Council Of Port Arthur, Texas, Authorizing Participation With Other Entergy Service Area Cities In Matters Concerning Entergy Texas, Inc. At The Public Utility Commission Of Texas In 2018; Authorizing The Hiring Of Lawyers And Rate Experts; And Authorizing The City's Participation To The Full Extent Permitted By Law At The Public Utility Commission Of Texas (4) P.O. No. 6670 — An Ordinance Of The City Of Port Arthur, Texas, Annexing Tracts Of Land That Were Subject To Industrial District Agreements Described As BASF Total Petrochemicals LLC [BTP] (Resolution No. 16-341); BASF (Old Sandoz) (Resolution No. 16- 342); Chevron Phillips Chemical Company LP (Resolution No. 16- 343); Chevron USA, Inc. (Resolution No. 16-344); FHR PA (Flint Hills — Resolution No. 16-345); Praxair, Inc. (Resolution No. 16- 346) The Property Owner Is Motiva Enterprises; Praxair, Inc. Has A Second Location On Property Owned By Premcor (Valero) (Resolution No. 16-347); Total Petrochemicals USA, Inc. And Total Par, LLC (Resolution No. 16-648); GT Logistics And Golden Triangle Properties (Resolution No. 14-577); Oxbow Calcining LLC (Resolution No. 16-334); Premcor Refining Group, Inc. (Resolution No. 14-635) Said Tracts Being More Fully Described In This Ordinance; Located Within The Extraterritorial Jurisdiction Of The City Of Port Arthur, Texas; Said Tracts Of Land Being Adjacent And Contiguous To The City Of Port Arthur, Texas; Extending The Boundary Limits Of The City So As To Include The Property Within The Corporate Limits Of The City; Granting To All The Inhabitants Of The Said Territory All The Rights And Privileges Of Other Citizens And Binding Said Inhabitants To All Of The Acts, Ordinances, Resolutions, And Regulations Of The City; Adopting A Service Plan; Assigning Zoning To The Annexed Area; Providing For The Filing Of This Ordinance With The County Clerk; Providing A Savings Clause; Providing A Severability Clause; And Providing An Effective Date 10 AGENDA DECEMBER 19, 2017 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: "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 And Receive Legal Advice Regarding Pending Litigation, Claims, And Mediated Cases As It Pertains To Civil Service, Labor/Employment And Contract Law Claims/Issues (2) Section 551.071 Government Code — Attorney Consultation To Provide Advice And Counsel In Connection With The City's Rights, Duties, Privileges, And Obligations In Connection With Negotiations With The International Association Of Fire Fighters Local 397 (3) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (4) Section 551.072 Government Code — To Discuss The Value Of Land Located At 3451 57th Street (former Armory Building) (5) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of An Interim City Manager 11 AGENDA DECEMBER 19, 2017 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (6) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Zeo Gas) (7) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Q. Products and Productions Company, PARC Enterprises, Inc., Alford, Woods And Childs Texas, Inc. FLOR Group and Finessed Beauty Bar) 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 December 20, 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 ************************************************************ 12 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.