HomeMy WebLinkAbout(01) MINUTES 11/21/2017 REGULAR MEETING REGULAR MEETING — November 21, 2017
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Scott gave the invocation followed with the pledge to the flag.
The City Council of the City of Port Arthur met in Regular Session on Tuesday,
November 21, 2016 at 8:38 a.m. in the City Council Chamber, City Hall, with the
following members present: Mayor Derrick Freeman; Mayor Pro Tern Cal Jones;
Councilmembers Raymond Scott, Jr., Thomas Kinlaw, III, Willie "Bae" Lewis, Jr.,
Charlotte M. Moses and Kaprina Frank; Assistant City Manager Jimmy Johnson, City
Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of
Police Patrick Melvin.
Councilmembers Harold Doucet and Osman Swati were absent from the Regular
Meeting.
II. PROCLAMATIONS & MINUTES
Proclamations - None
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Laura Welch Regarding Department Of Family And
Protective Services Financial Exploitation Event
Adult Protective Services Representative Laura Welch appeared before the City Council
to discuss the above-mentioned topic.
(2) Liaquat Khowaja And Dr. Hina Azam Regarding Funding For
Community Clinic
Liaquat Khowaja And Dr. Hina Azam appeared before the City Council to discuss the
above-mentioned topic.
(3) Randy Vaughn Regarding Mission Of Help I'm Hurting, Inc.
Goals And Objectives
Pastor Randy Vaughn, 7975 Oakmont, appeared before the City Council to discuss the
above-mentioned topic.
B. Presentations
(1) Presentation By Finance Director Andrew Vasquez
Regarding Monthly Revenue And Expenditures
Finance Director Andrew Vasquez gave the above-mentioned presentation.
C. Employee Recognition - None
D. Correspondence - None
IV. PUBLIC HEARINGS — 9:00 AM
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
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
The Mayor introduced the above-mentioned Public Hearing at 9:10 a.m.
The City Attorney gave an overview of the above-mentioned item.
Community and Development Services Director Ron Burton appeared before the City
Council to give an overview of the proposed Service Plans.
The Mayor requested to hear from anyone present in the audience who wished to
speak regarding the above-mentioned item.
No one appeared before the City Council to address the above-mentioned item.
Upon the motion of Councilmember Frank, seconded by Councilmember Lewis and
carried unanimously, the City Council closed the Public Hearing at 9:20 a.m.
V. UNFINISHED BUSINESS - None
VI. CONSENT AGENDA
Upon the motion of Councilmember Moses, seconded by Councilmember Lewis, and
carried, the following Consent Agenda items were adopted with the exception of
Proposed Resolutions No. 19974:
Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw,
Lewis, Moses and Frank.
Voting No: None.
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
City Council Minutes 2
Regular Meeting — November 21, 2017
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
Proposed Resolution No. 19961 was adopted becoming Resolution No. 17-299.
(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)
Proposed Resolution No. 19965 was adopted becoming Resolution No. 17-300.
(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
Proposed Resolution No. 19968 was adopted becoming Resolution No. 17-301.
(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
Proposed Resolution No. 19972 was adopted becoming Resolution No. 17-302.
(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
Proposed Resolution No. 19975 was adopted becoming Resolution No. 17-303.
(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
Proposed Resolution No. 19980 was adopted becoming Resolution No. 17-304.
(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
City Council Minutes
Regular Meeting — November 21, 2017
Proposed Resolution No. 19981 was adopted becoming Resolution No. 17-305.
(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
Proposed Resolution No. 19982 was adopted becoming Resolution No. 17-306.
(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)
Proposed Resolution No. 19983 was adopted becoming Resolution No. 17-307.
(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
Proposed Resolution No. 19984 was adopted becoming Resolution No. 17-308.
(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
Proposed Resolution No. 19985 was adopted becoming Resolution No. 17-309.
(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
Proposed Resolution No. 19987 was adopted becoming Resolution No. 17-310.
(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]
Proposed Resolution No. 19990 was adopted becoming Resolution No. 17-311.
(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
Proposed Resolution No. 19991 was adopted becoming Resolution No. 17-312.
City Council Minutes
Regular Meeting — November 21, 2017
(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
Proposed Resolution No. 19992 was adopted becoming Resolution No. 17-313.
(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
Proposed Resolution No. 19994 was adopted becoming Resolution No. 17-314.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
Consent - Resolution
(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
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Moses and seconded by Councilmember
Lewis that Proposed Resolution No. 19974 be adopted.
Pleasure Island Advisory Board Member Jimmy Whitley, 3533 9th Street, appeared
before the City Council to speak regarding the operation of the board.
Pleasure Island Advisory Board Member John Beard, 501 W. 15th Street, appeared
before the City Council to speak regarding the operation of the board.
Upon the motion of Mayor Pro Tem Jones, seconded by Councilmember Kinlaw and
carried, Proposed Resolution No. 19974 was removed from the agenda.
Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw,
Lewis, Moses and Frank.
Voting No: None.
A. Resolutions
(1) P.R. No. 19988 - A Resolution Appointing And/Or
Reappointing Member(s) To The Historical Landmark
Commission
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Kinlaw and seconded by Councilmember
Moses that Proposed Resolution No. 19988 be adopted.
Community and Development Services Director Ron Burton appeared before the City
Council to answer inquiries regarding the above-mentioned commission.
Councilmember Kinlaw nominated Norris Simon to serve on the Historical Landmark
Commission.
City Council Minutes
Regular Meeting — November 21, 2017
Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw,
Lewis, Moses and Frank.
Voting No: None.
Proposed Resolution No. 19988 was adopted, with the above-mentioned name inserted,
becoming Resolution No. 17-315.
The caption of Resolution No. 17-315 reads as follows:
RESOLUTION NO. 17-315
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
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Moses and seconded by Councilmember
Frank that Proposed Resolution No. 19998 be adopted.
Upon the motion of Council Lewis, seconded by Councilmember Moses and carried, all
of the votes from the City of Port Arthur were cast for Dr. Louis Reed.
Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw,
Lewis, Moses and Frank.
Voting No: None.
Proposed Resolution No. 19998 was adopted becoming Resolution No. 17-316.
The caption of Resolution No. 17-316 reads as follows:
RESOLUTION NO. 17-316
A RESOLUTION CASTING VOTES FOR THE
BOARD OF DIRECTORS OF THE JEFFERSON
COUNTY APPRAISAL DISTRICT FOR THE TERM
ENDING DECEMBER 31, 2019
(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
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Moses, seconded by Councilmember Frank and
carried, Proposed Resolution No. 20003 was adopted becoming Resolution No. 17-317.
Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw,
Lewis, Moses and Frank.
Voting No: None.
The caption of Resolution No. 17-317 reads as follows:
City Council Minutes 6
Regular Meeting — November 21, 2017
RESOLUTION NO. 17-317
A RESOLUTION DIRECTING THE PURCHASING
DEPARTMENT TO SOLICIT PROPOSALS FROM
QUALIFIED SEARCH FIRMS AS IT PERTAINS TO
THE CITY MANAGER POSITION
B. Ordinances
(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
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Moses, seconded by Councilmember Frank and
carried, Proposed Ordinance No. 6655 was adopted becoming Ordinance No. 17-47.
Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw,
Lewis, Moses and Frank.
Voting No: None.
Proposed Ordinance No. 6655 was adopted becoming Ordinance No. 17-47.
The caption of Ordinance No. 17-47 reads as follows:
ORDINANCE NO. 17-47
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)
The above-mentioned Proposed Ordinance No. 6660 was held until after Executive
Session.
City Council Minutes
Regular Meeting — November 21, 2017
VIII. * CLOSED MEETING (EXECUTIVE SESSION)
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
The City Council recessed their meeting at 9:52 a.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 11:31 a.m. with
the following members present: Mayor Freeman; Mayor Pro Tem Jones;
Councilmembers Scott, Kinlaw and Moses Frank; Assistant City Manager Jimmy
Johnson; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief
Patrick Melvin.
MOTION IN OPEN SESSION
The City Attorney read the following motion into the record:
(1) A Motion To Accept A Formal Separation Agreement
Between The City Of Port Arthur And Brian McDougal Based
On The Terms As Approved By The Council On November
13, 2017. Giving The Authorization To Execute Said
Document And Enter It Into The Record
Upon the motion of Councilmember Moses, seconded by Mayor Pro Tern Jones and
carried, the above-mentioned motion was adopted.
Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw,
Moses and Frank.
Voting No: None.
(2) A Motion To Enter Into A Temporary Use Agreement With
Life Change CDC Which Is Supported By Port Arthur Alumni
Group For The Temporary Use Of A City Warehouse To
Facilitate A Public Purpose That Will Benefit The City Of
Port Arthur By Assisting Hurricane Victims On A Temporary
Bases
Upon the motion of Councilmember Moses, seconded by Councilmember Scott and
carried, the above-mentioned motion was adopted.
City Council Minutes 8
Regular Meeting — November 21, 2017
Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw,
Lewis, Moses and Frank.
Voting No: None.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
(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)
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Moses, seconded by Councilmember Scott and
carried, Proposed Ordinance. No. 6600 was adopted becoming Ordinance No. 17-48.
Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw,
Moses and Frank.
Voting No: None.
Proposed Ordinance No. 6660 was adopted becoming Ordinance No. 17-48.
The caption of Ordinance No. 17-48 reads as follows:
ORDINANCE NO. 17-48
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)
(3) P. R. No. 20000 — A Resolution Appointing An Interim City
Manager For The City Of Port Arthur And Establishing The
Terms Of Employment
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Scott, seconded by Mayor Pro Tem Jones and
carried, Proposed Resolution No. 20000 was tabled.
Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw,
Moses and Frank.
Voting No: None.
IX. ADJOURNMENT OF MEETING
Upon the motion by Councilmember Moses, seconded by Councilmember Kinlaw and
carried unanimously, the City Council adjourned their meeting 11:35 a.m.
An audio-tape of this meeting is on file in the office of the City Secretary and is made a
part of the official minutes of this meeting.
City Council Minutes 9
Regular Meeting — November 21, 2017
MAYOR DERRICK FREEMAN
ATTEST:
CITY SECRETARY SHERRI BELLARD
END OF REGULAR MEETING HELD November 21, 2017.
APPROVED
City Council Minutes 10
Regular Meeting — November 21, 2017