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Home My WebLink AboutPOST 11.01.16 REGULAR MEETING POST AGENDA REPORT City Council Meeting City Hall Council Chamber City Of Port Arthur November 1, 2016 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tern Scott, Jr. Councilmember Hamilton Councilmember Albright, III Councilmember Richard Councilmember Lewis, Jr. Councilmember Swati Councilmember Moses Councilmember Frank City Manager McDougal City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Melvin Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Lance Warren US Government Teacher At Bob Hope School Regarding An Introduction Of The Senior Class (2) Alicia Marshall Regarding The Babe Zaharias Golf Course B. Presentations (1) A Presentation By Carman Apple Of The Texas Division Of Emergency Management (TDEM) Regarding How To Request And Receive State And Federal Aid During A Disaster Or Crisis 1 AGENDA NOVEMBER 1, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation By Thomas Jefferson Middle School 8th Grade Class Members Regarding Awareness And Communicating Social Issues In The Community (3) A Presentation By Ales Flood Regarding A Proposed Social Hosting Ordinance (4) A Presentation By Eric Sullivan Regarding A Proposed City Logo/Slogan C. Employee Recognition — None D. Correspondence — 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. k 3 ' Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED A. Minutes 1 10/18/2016 Special Executive Meeting 10/18/2016 Regular Meeting 1 AGENDA NOVEMBER 1, 2016 VI. CONSENT AGENDA — CONTINUED B. Expense Reports (B1) Councilmember Charlotte Moses: IEDC Conference Cleveland, OH September 25 — 28, 2016 $2,381.32 (B2) Mayor Derrick Freeman: Texas Municipal League Conference Austin, TX October 4 — 7, 2016 $1,802.02 (B3) Councilmember Tiffany Hamilton: Texas Municipal League Conference Austin, TX October 4 — 7, 2016 $1,367.80 (B4) Councilmember Keith Richard: Texas Municipal League Conference Austin, TX October 4 — 7, 2016 $1,727.29 (B5) Councilmember Osman Swati: Texas Municipal League Conference Austin, TX October 4 — 6, 2016 $1,484.24 (B6) Councilmember Charlotte Moses: Texas Municipal League Conference Austin, TX October 4 — 7, 2016 $1,790.29 (B7) Councilmember Kaprina Frank: Texas Municipal League Conference Austin, TX October 4 — 7, 2016 $1,633.65 3 AGENDA NOVEMBER 1, 2016 VI. CONSENT AGENDA — CONTINUED • C. Resolutions — Consent (1) P.R. No. 19535 — A Resolution Authorizing The Director Of Utility Operations To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals, With An Estimated Budgetary Impact Of $1,426,500.00. Funding Available In Water Utilities Account Nos. 410-1252-532.29-02 & 410-1256-532.29-00 PULLED Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED Resolution No. 16-291 (2) P.R. No. 19546 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For Construction Of The Pleasure Island Metering Station Project And Authorizing • The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment In The Amount Of $32,322.65 From Account No. 429-1258-532.59- 00, Project WSI002 PULLED Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED Resolution No. 16-292 (3) P.R. No. 19552 — A Resolution Authorizing The Execution Of A One (1) Year Contract With The Option To Renew For Two Additional One Year Terms Between The City Of Port Arthur And Hollier Construction Of Groves, Texas For Slip-Form Placement Of Concrete On An Unit Cost Basis For An Estimated Budgeted Amount Of $100,000. Funding Available In City Streets Accounts 001-1203- 531.36-00 Maintenance, 001-1203-531.86-00 Streets Program, 001-1203-531.86-01 CDBG And CDBG Street Project Account 105- 1431-552.86-00 Resolution No. 16-284 4 AGENDA NOVEMBER 1, 2016 VI. CONSENT AGENDA — CONTINUED (4) P.R. No. 19556 — A Resolution Authorizing The Purchase Of A Gradall Excavator From Associated Supply Company, Inc., Of Beaumont, Texas, Under The Buyboard Contract No. 424-13, For The Public Works Department Drainage Division In The Amount Of $244,057.54. Funding Available In Account Numbers 625-1801- 531.93-00, Project Number FH1601 And 001-1203-531.92-00, Equipment Resolution No. 16-285 (5) P.R. No. 19563 — A Resolution Authorizing The Purchase Of A Rosco RB48 Road Broom From Associated Supply Company, Inc. Of Beaumont, Texas, Under The HGAC Contract No. EM06-15, For The Public Works Department Streets Division In The Amount Of $66,641.25. Funding Available In Equipment Account Number 001- 1203-531.92-00 Resolution No. 16-286 (6) P.R. No. 19565 — A Resolution Authorizing The City Manager To Enter Into A 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 Building Maintenance Account Number 001-1101-521.32-00 PULLED Motion: OS Second: CM Voting Yes: 9 Voting No: 0 . APPROVED Resolution No. 16-293 5 AGENDA NOVEMBER 1, 2016 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 19566 — A Resolution Authorizing The Fire Department To Purchase Two Defibrillator/Monitors From Zoll Medical Corporation Of Chelmsford, Massachusetts, In The Total Amount Of $58,550.00. Funding From Fire Department Equipment Account No. 001-1121-522.92-00 PULLED Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED Resolution No. 16-294 (8) P.R. No. 19569 — A Resolution Authorizing The Fire Chief To Do All Things Necessary To Secure A Supplemental Environmental Project (SEP) With BASF And The U.S. Environmental Protection Agency (EPA) PULLED Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED Resolution No. 16-295 (9) P.R. No. 19575 — A Resolution Authorizing The Renewal Of The Agreement For Independent Professional Services Between The City Of Port Arthur And Jerry Dale To Provide Temporary Contract Services For The City's Finance Department PULLED Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED Resolution No. 16-296 6 AGENDA NOVEMBER 1, 2016 VI. CONSENT AGENDA — CONTINUED (10) P.R. No. 19576 — A Resolution Awarding A Contract To Inland Environments, LTD Of Kingwood, Texas, In The Amount Of $28,880.00, For The Interior Demolition Of City Owned Property Located At 246 Dallas Avenue. Funds Are Available In General Fund Account Number 001-1052-517.59-00 Resolution No. 16-287 (11) P.R. No. 19579 — A Resolution Authorizing The City Manager To Accept The Architect's Certificate Of Substantial Completion From The Labiche Architectural Group, Inc. For The Improvements To Rose Hill Park PULLED Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED Resolution No. 16-297 (12) P.R. No. 19580 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Contract Between The City Of Port Arthur And Tender Loving Care Center For Children D/B/A Legacy Community Development Corporation, Which Extends The Contract Expiration Date To December 2017, Increase The Funding From $300,000 To $360,000 Which Includes The 2016 CHDO Setaside Funding And Allows The CHDO To Include Purchase/Rehab/Sale Of Three (3) Single Family Residential Structures In The City. Funding Will Be Provided By The Federal Home Program, Account Number 108-2141-626.59-00, Project Numbers, HE1301, HE1401, HE1501, HE1601 And Home Program Income Funds (Need Draft) Resolution No. 16-288 1 AGENDA NOVEMBER 1, 2016 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 19581 — A Resolution Approving The Amendment Of The FY 2016 Contract Between The City Of Port Arthur And The Department Of State Health Services Primary Health Care Program, Increasing The Amount To $140,000.00, Of Which $70,000.00 Is Allocated Toward The Contract Period September 1, 2016 Through August 31, 2017 Resolution No. 16-289 (14) P.R. No. 19584 — A Resolution Of The City Council Of The City Of Port Arthur, Setting A Date, Time And Place For Two Separate Public Hearings On A Proposed Involuntary Annexation Of Certain Property By The City Of Port Arthur, Texas; And Authorizing And Directing The Mayor To Cause The Publication Of Notice Of Said Public Hearings In A Newspaper Of General Circulation In Said City PULLED Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED Resolution No. 16-298 (15) P.R. No. 19586 — A Resolution Authorizing The City Manager To Execute An Agreement With BASF-Total Petrochemicals, LLC Of Port Arthur, Texas For The Upgrade Of The Intersection Of Atlantic Road (FM 366) And Gate 99 (BASF-Total Plant Entrance). Funding Available Via BASF-Total Petrochemicals, LLC Resolution No. 16-290 8 AGENDA NOVEMBER 1, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19555 — A Resolution Approving A Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Program Of Health Excellence For Certified Nurse's Aide Training To Port Arthur Residents At Cost Not To Exceed $20,000.00 Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED Resolution No. 16-299 (2) P.R. No. 19567 — A Resolution Rescinding Resolution No. 16-010 In Its Entirety As It Pertains To Entering Into An Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Pure Renewables Port Arthur, LLC Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED Resolution No. 16-300 (3) P.R. No. 19570 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Construction Board Of Adjustments And Appeals Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED Resolution No. 16-301 9 AGENDA NOVEMBER 1, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT (4) P.R. No. 19582 — A Resolution As It Pertains To Requesting The Texas Municipal League (TML) To Pursue Legislation To Be Adopted By The Texas Legislature Requesting An Alternative Method Of Publication Requirements (Requested By Councilmember Lewis) Motion: WL Second: OS Voting Yes: 2 (WL, RS) Voting No: 7 APPROVED FAILED B. Ordinances (1) P.O. No. 6591 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of A City Owned Property To Tender Loving Care Center For Children (TLCC), D/B/A Legacy CDC, A Community Development Housing Organization (CHDO) Acting As Program Manager For New Construction Of Single Family Residential Structures In The Port Arthur Section 4A Economic Development Corporation's (PAEDC) Affordable Housing Program Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED Ordinance No. 16-66 (2) P.O. No. 6592 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of A City Owned Property To Tender Loving Care Center For Children (TLCC), D/B/A Legacy CDC, A Community Development Housing Organization (CHDO) Acting As Program Manager For New Construction Of Single Family Residential Structures In The Port Arthur Section 4A Economic Development Corporation's (PAEDC) Affordable Housing Program Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED Ordinance No. 16-67 10 AGENDA NOVEMBER 1, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT (3) P.O. No. 6593 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To An Eligible Homeowner Participating In The City Of Port Arthur Side Lot Disposition Program Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED Ordinance No. 16-68 (4) P.O. No. 6594 — An Ordinance Amending Section 2-31(d) Of The Code Of Ordinances As It Pertains To Placing Items On Council Agendas Motion: OS Second: CM Voting Yes: 9 Voting No: 0 APPROVED Ordinance No. 16-69 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 11 AGENDA NOVEMBER 1, 2016 VIII. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (1) Section 551.071 Government Code — Attorney Consultation To Provide Advice And Counsel In Connection With The City's Right, Duties, Privileges, And Obligations In Connection With A Grievance Filed By The Port Arthur Police Association (2) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements (3) Section 551.072 Government Code — To Discuss The Value Of The Land Located At 3451 57th Street (4) Section 551.072 Government Code — To Discuss The Value Of Land In The City's Extraterritorial Jurisdiction (Ell) 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 November 2, 2016. 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