HomeMy WebLinkAboutAPRIL 10, 2018 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR Energy J HARVEY ROBINSON
CAL J.JONES,MAIOR PRO TEM City of crry INTERIM CITY MANAGER
COUNCIL MEMBERS: )4 SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. � CITY SECRETARY
THOMAS J.KINLAW, I I I o r t r t h r[ r
HAROLD DOUCET,SR. VAL TIZENO
WILLIE"BAE" LEWIS,JR. c.ius CITY ATTORNEY
OSMAN SWATI
CHARLOTTE MOSES
KAPRINA FRANK
AG E N DA
City Council
Regular Meeting
April 10, 2018
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
April 10, 2018
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) Jonathan Pressey Regarding Damaged Vehicle / Community
Investment Efforts
B. Presentations
(1) A Presentation By Freese And Nichols, Inc. Regarding The
Update/Revision Of The City Of Port Arthur Comprehensive Plan
(2) A Presentation By Councilmember Lewis Regarding 2010 Census
Report For District 2 And The Hispanic Population Of 10,645
AGENDA
APRIL 10, 2018
III. PETITIONS & COMMUNICATIONS — CONTINUED
B. Presentations
(3) A Presentation By Councilmember Lewis Regarding 2010 Census
Report For District 3 And The Hispanic Population Of 15,775
(4) A Presentation By Councilmember Lewis Regarding 2010 Census
Report For District 6 And The Hispanic Population Of 26,420
C. Employee Recognition — None
D. Correspondence — None
E. Discussion — None
IV. PUBLIC HEARINGS — 9:00 A.M. — NONE
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. Expense Reports
(A1) Councilmember Willie "Bae" Lewis Jr:
The National League Of Cities Congressional City Summit
Washington, DC
March 13 — 15, 2018 $5,032.27
AGENDA
APRIL 10, 2018
VI. CONSENT AGENDA — CONTINUED
B. Minutes
March 27, 2018 Special Meeting
March 27, 2018 Special Executive Meeting
March 27, 2018 Regular Meeting
April 03, 2018 Special Meeting
C. Resolutions
(1) P.R. No. 20161 — A Resolution Authorizing The City Manager To
Purchase A Forklift For The Civic Center Department From
Equipment Depot Of Beaumont, Texas Through Buyboard
Cooperative Purchasing Program Contract No. 515-16 In The
Amount Of $32,550.00. Funds Are Available In Hurricane Harvey
Account No. 147-2300-901.92-00 Project No. 082617
(2) P.R. No. 20162 — A Resolution Authorizing The City Manager To
Accept A Memorandum Of Understanding Among The South East
Texas Regional Planning Commission (SETRPC) Metropolitan
Planning Organization (MPO) The Texas Department Of
Transportation (TXDOT) And Beaumont Municipal Transit (BMT)
Public Transportation Operator, Port Arthur Transit (PAT) Public
Transportation Operator And South East Texas Transit (SETT)
Public Transportation Operator
(3) P.R. No. 20168 — A Resolution Authorizing Repairs To Unit No.
1628, D7R Caterpillar Dozer, For The Public Works Department
Landfill Division From Mustang CAT Of Beaumont, Texas, In The
Amount Of $56,522.00. Funds Are Available In The Public Works
Department Landfill Division — Vehicle Maintenance Account No.
403-1274-533.43-00
AGENDA
APRIL 10, 2018
VI. CONSENT AGENDA — CONTINUED
(4) P.R. No. 20172 — A Resolution Authorizing The City Of Port Arthur
Section 4A Economic Development Corporation To Accept The Bid
And Enter Into A Contract For Construction Of Entry Monuments &
Landscaping For The Jade Avenue Business Park In An Amount Not
To Exceed $362,123.00 With Dean Builders, Inc., PAEDC Funding
Account No. 120-1429-582.86-00
(5) P.R. No. 20175 — A Resolution Authorizing Acceptance Of An
Overpayment In The Amount Of $1,145.00 From Wright National
Flood Insurance For Boat Storage Building A (949 T. B. Ellison
Parkway)
(6) P.R. No. 20176 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $147,684.34
Made Against Texas Municipal League Intergovernmental Risk Pool
(TML) As A Result Of The Flood Damages To Mobile Equipment At
Various Locations Throughout The City Due To Hurricane Harvey
(August 30, 2017)
(7) P.R. No. 20177 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $30,396.00
Made Against Texas Municipal League Intergovernmental Risk Pool
(TML) As A Result Of The Flood Damages To Mobile Equipment At
Fire Station #6 Due To Hurricane Harvey (August 30, 2017)
(8) P.R. No. 20178 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $386,867.56
Made Against Texas Municipal League Intergovernmental Risk Pool
(TML) As A Result Of The Flood Damages To Contents At Various
Locations Throughout The City Due To Hurricane Harvey (August
30, 2017)
4
AGENDA
APRIL 10, 2018
VI. CONSENT AGENDA — CONTINUED
(9) P.R. No. 20179 — A Resolution Authorizing The City Manager To
Accept An Audit Overpayment From Texas Municipal League
Intergovernmental Risk Pool (TML) In The Amount Of $22,219.56
(10) P.R. No. 20180 — A Resolution Authorizing The City Manager To
Renew Insurance Policies For Various Locations With Wright
National Flood Insurance Company For Flood Insurance In The
Amount Of $70,281.00. Proposed Funding By: 612-1702-581.52-00
$70,281.00 Liability Insurance Fund
(11) P.R. No. 20181 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $30,275.00
Made Against Texas Municipal League Intergovernmental Risk Pool
(TML) As A Result Of The Flood Damages To A Defibrillator At Fire
Station #6 (4448 9th Avenue) Due To Hurricane Harvey (August 30,
2017)
(12) P.R. No. 20182 — A Resolution Authorizing The Purchase Of One (1)
One Ton Crew Cab Flatbed Truck And Three (3)3/4 Ton Pickup
Trucks From Silsbee Ford Of Silsbee, Texas For The Public Works
Streets Division For Replacement Due To Hurricane Harvey, For A
Total Amount Of $100,756.84. Funds Are Available In 147-2300-
901.92-00 Emergency Management Fund — Equipment, Project No.
082617
(13) P.R. No. 20184 — A Resolution Approving Amendment No. Three
(3) To The FY 2015-2016 Contract Between The Texas Department
Of Family And Protective Services And The City Of Port Arthur For
The Nurse-Family Partnership Program By Increasing The Total
Funding From $2,903,165.00 To $3,225,632.00 With $688,122.00
Being Allocated For Each Year Through 2020, And 100/o Match Of
$68,122.00 For Years 2019 And 2020
(14) P.R. No. 20185 — A Resolution Authorizing The City Manager To
Enter Into A Contract With GT Distributors, Inc., Of Austin, Texas,
Under A Buyboard Contract For The Purchase Of Uniforms For The
Fire Department, With A Projected Budgetary Impact Of
$49,993.50; Funding Available In Fire Department Account No.
001-1121-522.26-00
5
AGENDA
APRIL 10, 2018
VI. CONSENT AGENDA — CONTINUED
(15) P.R. No. 20187 — A Resolution Authorizing The City Manager To
Execute The Second Year (First Renewal) Of The Contract With HD
Supply Of Beaumont, Texas, For The Purchase Of Repair Clamps
For The Utility Operations Department, With An Annual Projected
Budgetary Impact Of $162,409.39. Funding Is Available In Account
Nos. 410-1253-532.35-00 (Water System), & 410-1255-532.33-00,
(Sanitary Sewer System)
(16) P.R. No. 20188 — A Resolution Authorizing The City Manager To
Purchase A 2018 Chevrolet 15 Passenger Express Van For The
Police Department Form Classic Chevrolet Of Beaumont, Texas In
The Amount Of $30,632.00; Funding Available In Account No. 625-
1801-521.93-00
(17) P.R. No. 20190 — A Resolution Calling For A Public Hearing To
Consider Granting A Specific Use Permit For Approximately 1.873
Acre Of Land, Tract 81, Abstract No. 123 D. Gahagen, Pleasure
Island, City Of Port Arthur, Jefferson County, Texas
(18) P.R. No. 20191 — A Resolution Amendment No. 1 To The Contract
Between The City Of Port Arthur And The Department Of State
Health Services By Increasing Funding In The Amount Of
$25,278.00 With A City Match Of $5,056.00 For FY 2019 To A New
Total Contract Amount Not Exceeding $60,668.00 For The
Tuberculosis Prevention And Control; And Extending The Contract
Period Beginning September 1, 2018 Through August 31, 2019
(19) P.R. No. 20192 — A Resolution Approving The FY 2018-2019
Contract Amendment Between The City Of Port Arthur And The
Department Of State Health Services For The Public Health
Emergency Preparedness Program By Adding $100,296.00 In
Federal Funding With A 10% City Match Of $10,029.00 For The
Contract Period July 1, 2018 Through June 30, 2019
6
AGENDA
APRIL 10, 2018
VI. CONSENT AGENDA — CONTINUED
(20) P.R. No. 20197 - A Resolution Amending Resolution 18-080 Calling
For A Public Hearing To Consider Granting A Zoning Change From
Multiple Family To Planned Development District — 37 [PD-37] For
Approximately 4.658 Acres Of Land, Lots 3, 4, 5 And 6, Block 12,
Range "G", Port Arthur Land Company Subdivision, City Of Port
Arthur, Jefferson County, Texas
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent — None
B. Ordinances — Non-Consent
(1) P.O. No. 6589 — An Ordinance Of The City Of Port Arthur Amending
Sections 22-617, 22-620, 22-621, 22-626 And 22-635 Of Chapter
22 - Businesses, Division XI — Gaming Sites And Gaming Machines,
Of The Port Arthur Code Of Ordinances To Provide For The
Regulation Of The Operation Of Amusement Gaming Machines
Within The City Limits; Providing For A Penalty, Effective Date And
For Publication
(2) P.O. No. 6682 — An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Amending Sections 7-100, 8, 22-100,
And 26-100 To Include Changes To The Schedule Of Uses, Parking
And Loading Regulations, Special Conditions, And Definitions
(Violation Of This Ordinance Or The Zoning Ordinance Is
Punishable As Provided In Section 1-13 Of The City Code Of
Ordinances As Amended By Fine Not Exceeding Two Thousand
[$2,000] Dollars); And Providing For Publication In The Official
Newspaper Of The City Of Port Arthur And Effective Immediately
After The Publication Date; And Providing Findings Of Fact. Game
Room Additions To Appendix A: Zoning Ordinance
(3) P.O. No. 6688 — An Ordinance Authorizing The City Manager To
Execute Settlement Of An Automobile Physical Damage Claim In
The Amount Of $29,162.50 Made Against Texas Municipal League
Intergovernmental Risk Pool (TML) As A Result Of The Property
Damage To Police Vehicle #2198
A
APRILGENDA 10, 2018
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 Receive Legal Advice And
Consultation With The City Attorney Regarding Environmental
Issues And Potential Claims Against The City
(2) Section 551.071 Government Code - To Receive Legal Advice And
Consultation With The City to Regarding Legal Action Asserted By
The City As It Pertains To Housing Issues and Real Property
Foreclosures
IX. WORKSHOP
Presentation:
(1) A Presentation By City Staff Regarding FEMA 404 & 406 Hazard
Mitigation Funding For The City Of Port Arthur
8
AGENDA
APRIL 10, 2018
X. 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 April 11, 2018.
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.