HomeMy WebLinkAbout(03) MINUTES 08/29/2017 REGULAR MEETING REGULAR MEETING — August 29, 2017
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Lewis 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, August
15, 2016 at 8:35 a.m. in the City Council Chamber, City Hall, with the following
members present: Mayor Derrick Freeman; Councilmembers Willie "Bae" Lewis, Jr.,
Osman Swati, Charlotte M. Moses and Kaprina Frank; City Manager Brian McDougal,
City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms
Chief of Police Patrick Melvin.
Mayor Pro Tem Cal Jones joined the Regular Meeting at 8:45 a.m.
Councilmembers Raymond Scott, Jr., Thomas Kinlaw and Harold Doucet joined the
Regular Meeting during session.
Councilmembers Osman Swati, Charlotte Moses and Kaprina Frank were absent from
the Regular Meeting.
NOTE:
Sec. 418.1102. EXCEPTION TO QUORUM REQUIREMENTS. (a) This section
applies to a local governmental entity created and operating under the laws of this
state, including a political subdivision, school district, or special district or authority.
(b) Notwithstanding any other law, a quorum is not required for the governing
body of a local governmental entity to act if:
(1) the entity's jurisdiction is wholly or partly located in the area of a
disaster declared by the president of the United States or the governor; and
(2) a majority of the members of the governing body are unable to be
present at a meeting of the governing body as a result of the disaster.
II. ACTION TO TABLED AGENDA ITEMS
Upon the motion of Councilmember Lewis, seconded by Mayor Freeman the following
agenda items were tabled:
PETITIONS & COMMUNICATIONS
A. Speakers
(1) Jeremy Squiers Regarding Saving Lives Within The City Of Port
Arthur
B. Presentations
(1) A Presentation By Harriet Mitchell, Director Of Outpatient And
Prevention Program For The South East Texas Council On Alcohol
And Drug Abuse Regarding Social Hosting
(2) A Presentation By Kandace M. Tappen, Assistant City Manager And
Ronald McElhose, Transit Manager Regarding The Transit Team
Mercer Report
CONSENT AGENDA
A. Expense Report
(Al) Mayor Derrick Freeman:
To Testify At Senate Bill 6 Hearing
Austin, TX
July 30-31, 2017 $579.65
(A2) Councilmember Harold Doucet:
Newly Elected Officials Orientation
San Antonio, TX
August 2-4, 2017 $1,140.93
(A3) City Manager Brian McDougal:
Senate Committee Hearing On Annexation
Austin, TX
July 22-24, 2017 $825.58
(A4) City Secretary Sherri Bellard:
Texas Municipal Clerks — Legislative Update Seminar
San Marcus, TX
August 16-18, 2017 $1,008.27
B. Resolutions — Consent
(1) P.R. No. 19777 — A Resolution Authorizing One (1) Year Contracts
Between The City Of Port Arthur And (6) Vendors: (1) Affordable
Lawn Care Of Port Arthur, Texas; (2) Bladerunners Of Beaumont,
Texas; (3) DMJ Landscaping Of Port Arthur, Texas; (4) K&D
Affordable Lawn Service Of Port Arthur, Texas; (5) Newcost
Company Of Port Arthur, Texas; And (6) South East Texas Lawn &
Maintenance Of Beaumont, Texas For Grass Mowing Services Of
Privately-Owned And City-Owned Vacant Lots In An Area Of The
City Designated As Area A. Funds Are Available In General Fund
Account Number 001-1304-541.59-00
(2) P.R. No. 19786 — A Resolution Authorizing The City Manager To
Reject The Bids For Area F (Bid No. P19-786) For The Mowing Of
Privately Owned And City Owned Developed Lots In The City Of
Port Arthur
(3) P.R. No. 19787 — A Resolution Authorizing The City Manager To
Reject The Bids For Area F (Bid No. P19-787) For The Mowing Of
Privately Owned And City Owned Vacant Lots In The City Of Port
Arthur
(5) P.R. No. 19845 — A Resolution Authorizing The City To Purchase A
Litter Vacuum For Parks & Recreation From Tennant Sales And
Service Company Of Minneapolis, Minnesota, In The Amount Of
$38,442.80. Funding Available In Account Number 001-1207-
531.92-00
(6) P.R. No. 19873 — A Resolution Authorizing The City Manager To
Execute Amendment No. 4 To The Neighborhood Stabilization
Program 1 Program Income, ("NSP1-PI") Reservation System
Participation Agreement No. 77090003154 To Provide For The
Continuation Of Reimbursements Of Eligible Expenses And Close
On Remaining Land Bank Properties Under The Existing
Neighborhood Stabilization Program 1 Contract Number
77090000154
(7) P.R. No. 19881 — A Resolution Accepting A Drainage Easement
From Magna Properties Tri-Con, Inc. At The Proposed Convenient
Store Located At 3649 Gulfway Drive
(10) P.R. No. 19884 — 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
City Council Minutes 2
Regular Meeting —August 29, 2017
(11) P.R. No. 19885 — A Resolution Authorizing The City Manager To
Enter Into A Professional Services Agreement With Action Civil
Engineers, PLLC Of Port Arthur, Texas, For Design And Construction
Phase Services For The Emergency Replacement Of The 12" Sewer
Trunk Main And Manholes On Jade Avenue Between Hwy 365 And
63rd Street, With A Projected Budgetary Impact Of $62,750.00,
Funding Available In Water And Sewer/Sewer System Account
Number 410-1255-532.83-00
(12) P.R. No. 19886 — A Resolution Authorizing The Execution Of An
Interlocal Agreement Between The City Of Port Arthur And
Jefferson County, Texas, For Road Repairs, Shrubbery And Weed
Control On Pleasure Island
(13) P.R. No. 19889 — A Resolution Authorizing The City Manager To
Enter Into An Inter-Local Agreement Between Jefferson County
And City Of Beaumont For The 2017 Edward Byrne Memorial
Justice Assistance Grant (JAG) And Receive Funding In The Amount
Of $26,391.00
(14) P.R. No. 19890 — A Resolution Authorizing The City Manager To
Execute Change Order No. 1 Between The City Of Port Arthur And
Allco, LLC Of Beaumont, Texas, For The Port Acres Wastewater
Treatment Plant Rehabilitation Project, Decreasing The Contract
Amount By $164,456.32 To A New Contract Total Of $2,521,727.43
ITEMS REQUIRING INDIVIDUAL ACTION
A. Resolutions
(1) P.R. No. 19776 — A Resolution Authorizing One (1) Year Contracts
Between The City Of Port Arthur And (5) Vendors: (1) Derrick &
Noah Lawn Service Of Port Arthur, Texas (2) K & D Affordable
Lawn Service Of Port Arthur, Texas (3) Newcost Company Of Port
Arthur, Texas; (4) RJD Lawn Service Of Port Arthur, Texas; And (5)
South East Texas Lawn & Maintenance Of Beaumont, Texas For
Grass Mowing Services Of Privately-Owned And City-Owned
Developed Lots In An Area Of The City Designated As Area A.
Funds Are Available In General Fund Account Number 001-1304-
541.59-00
(2) P.R. No. 19778 — A Resolution Authorizing One (1) Year Contracts
Between The City Of Port Arthur And Six (6) Vendors (1)
Bladerunners Of Beaumont, Texas; (2) Derrick & Noah Of Port
Arthur, Texas; (3) K & D Affordable Lawn Service Of Port Arthur,
Texas; (4) Newcost Company Of Port Arthur, Texas; (5) RD] Lawn
Services Of Port Arthur, Texas; And (6) South East Texas Lawn &
Maintenance Of Beaumont, Texas For Grass Mowing Services Of
Privately-Owned And City-Owned Developed Lots In An Area Of
The City Designated As Area B. Funds Are Available In General
Fund Account Number 001-1304-541.59-00
(3) P.R. No. 19779 — A Resolution Authorizing One (1) Year Contracts
Between The City Of Port Arthur And Fourteen (14) Vendors: (1)
Bladerunners Of Beaumont, Texas; (2) Dee Rite Of Port Arthur,
Texas; (3) DMJ Landscaping, Port Arthur, Texas; (4) Derrick &
Noah Of Port Arthur, Texas; (5) Eduardo T.O. Landscaping Of
Groves, Texas; (6) F & L Unlimited Of Port Arthur, Texas; (7) J L
Handyman Of Port Arthur, Texas; (8) K & D Affordable Lawn
Service Of Port Arthur, Texas; (9) Newcost Company Of Port
Arthur, Texas; (10) RJD Lawn Services Of Port Arthur, Texas; (11)
South East Texas Lawn & Maintenance Of Beaumont, Texas; (12)
S-MO Unlimited Of Port Arthur, Texas; (13) Subsouth Inc. Of Port
Neches, Texas; And (14) Torres Landscaping Of Port Arthur, Texas
City Council Minutes 3
Regular Meeting — August 29, 2017
For Grass Mowing Services Of Privately-Owned And City-Owned
Vacant Lots In An Area Of The City Designated As Area B. Funds
Are Available In General Fund Account Number 001-1304-541.59-
00
(4) P.R. No. 19780 — A Resolution Authorizing One (1) Year Contracts
Between The City Of Port Arthur And (7) Vendors: (1) Bladerunners
Of Beaumont, Texas; (2) Derrick & Noah Lawn Service Of Port
Arthur, Texas; (3) F & L Unlimited Of Port Arthur, Texas; (4) K & D
Affordable Lawn Service Of Port Arthur, Texas; (5) Newcost
Company Of Port Arthur, Texas; (6) RJD Lawn Services Of Port
Arthur, Texas; And (7) South East Texas Lawn & Maintenance Of
Beaumont, Texas For Grass Mowing Services Of Privately-Owned
And City-Owned Developed Lots In An Area Of The City Designated
As Area C. Funds Are Available In General Fund Account Number
001-1304-541.59-00
(5) P.R. No. 19781 — A Resolution Authorizing One (1) Year
Contracts Between The City Of Port Arthur And (17)
Vendors: (1) Affordable Lawn Care Of Port Arthur, Texas;
(2) Bladerunners Of Beaumont, Texas; (3) Dee Rite Cut Of
Port Arthur, Texas; (4) Derrick And Noah Lawn Service Of
Port Arthur, Texas: (5) DMJ Landscaping Of Port Arthur,
Texas; (6) Eagle Precision Lawn Care L.L.C. Of Nederland,
Texas; (7) Eduardo T.O. Landscaping Of Groves, Texas; (8)
F & L Unlimited Of Port Arthur, Texas; (9) JL's Handyman Of
Port Arthur, Texas; (10) K & D Affordable Lawn Service Of
Port Arthur, Texas; (11) M & J Lawn Service Of Port Arthur,
Texas; (12) Newcost Company Of Port Arthur, Texas; (13)
RJD Lawn Services Of Port Arthur, Texas; (14) South East
Texas Lawn & Maintenance Of Beaumont, Texas; (15) SMO
Unlimited Of Port Arthur, Texas; (16) Sub South Inc. Of Port
Neches, Texas; And (17) Torres Landscaping Of Port Arthur,
Texas For Grass Mowing Services Of Privately-Owned And
City Owned Vacant Lots In An Area Of The City Designated
As Area C. Funds Are Available In General Fund Account
Number 001-1304-541.59-00
(6) P.R. No. 19782 — A Resolution Authorizing One (1) Year
Contracts Between The City Of Port Arthur And Ten (10)
Vendors: (1) Bladerunners Of Beaumont, Texas; (2) Derrick
& Noah Lawn Service Of Port Arthur, Texas; (3) Eduardo
T.O. Landscaping Of Groves, Texas; (4) F & L Unlimited Of
Port Arthur, Texas; (5) K & D Affordable Lawn Service Of
Port Arthur, Texas; (6) Newcost Company Of Port Arthur,
Texas; (7) RJD Lawn Services Of Port Arthur, Texas; (8)
South East Texas Lawn & Maintenance Of Beaumont, Texas;
(9) Subsouth Inc., Port Neches, Texas; And (10) Torres
Landscaping Of Port Arthur, Texas For Grass Mowing
Services Of Privately-Owned And City-Owned Developed Lots
In An Area Of The City Designated As Area D. Funds Are
Available In General Fund Account Number 001-1304-
541.59-00
(7) P.R. No. 19783 — A Resolution Authorizing One (1) Year
Contracts Between The City Of Port Arthur And Ten (10)
Vendors (1) Bladerunners Of Beaumont, Texas (2) Derrick &
Noah Lawn Services Of Port Arthur, Texas (3) DMJ
Landscaping Of Port Arthur, Texas (4) Eduardo T.O.
Landscaping Of Groves, Texas (5) K&D Affordable Lawn
Services Of Port Arthur, Texas (6) Newcost Company Or Port
Arthur, Texas (7) South East Texas Lawn & Maintenance Of
Beaumont, Texas (8) SMO Unlimited Of Port Arthur, Texas
(9) Subsouth Inc. Of Port Neches, Texas And (10) Torres
City Council Minutes
Regular Meeting — August 29, 2017
Landscaping Of Port Arthur, Texas For Grass Mowing
Services Of Privately-Owned And City-Owned Vacant Lots In
An Area Of The City Designated As Area D. Funds Are
Available In General Fund Account Number 001-1304-
541.59-00
(8) P.R. No. 19784 — A Resolution Authorizing One (1) Year Contracts
Between The City Of Port Arthur And (11) Vendors: (1) Derrick &
Noah Lawn Service, Port Arthur, Texas; (2) Eduardo T.O.
Landscaping, Groves, Texas; (3) F & L Unlimited, Port Arthur,
Texas; (4) JL's Handyman, Port Arthur, Texas; (5) K & D Affordable
Lawn Service, Port Arthur, Texas; (6) M & J Lawn Services, Port
Arthur, Texas; (7) Newcost Company, Port Arthur, Texas; (8) RJD
Lawn Service, Port Arthur, Texas; (9) SMO Unlimited, Port Arthur,
Texas; (10) Sub South, Inc., Port Neches, Texas; And (11) Torres
Landscaping, Port Arthur, Texas For Grass Mowing Services Of
Privately-Owned And City Owned Developed Lots In Area Of The
City Designated As Area E. Funds Are Available In General Fund
Account Number 001-1304-541.59-00
(9) P.R. No. 19785 — A Resolution Authorizing One (1) Year Contracts
Between The City Of Port Arthur And (12) Vendors: (1) Dee Rite
Cut Of Port Arthur, Texas; (2) Derrick And Noah Lawn Service Of
Port Arthur, Texas; (3) DMJ Landscaping Of Port Arthur, Texas; (4)
Eduardo T.O. Landscaping Of Groves, Texas; (5) F & L Unlimited Of
Port Arthur, Texas; (6) JL's Handyman Of Port Arthur, Texas; (7) K
& D Affordable Lawn Service Of Port Arthur, Texas; (8) Newcost
Company Of Port Arthur, Texas; (9) RJD Lawn Services Of Port
Arthur, Texas; (10) SMO Unlimited Of Port Arthur, Texas (11) Sub
South Inc. Of Port Neches, Texas; And (12) Torres Landscaping Of
Port Arthur, Texas For Grass Mowing Services Of Privately-Owned
And City Owned Vacant Lots In An Area Of The City Designated As
Area E. Funds Are Available In General Fund Account Number 001-
1304-541.59-00
(10) P.R. No. 19878 — A Resolution Approving Amendment No. 3 To The
Economic Incentive Contract & Loan Agreement Between The City
Of Port Arthur Section 4A Economic Development Corporation And
J.Z. Russell Industries, Inc.
(11) P.R. No. 19887 — A Resolution Appointing Or Reappointing A
Member To The Planning And Zoning Commission
(12) P.R. No. 19891 — A Resolution Authorizing A Public Broadcast
Agreement Between Radio Station KSAP-107.1 LPFM "The Breeze"
And The City Of Port Arthur, In The Not To Exceed Amount Of
$30,000.00; Account No. (Requested By
Councilmember Lewis)
(13) P.R. No. 19893 — A Resolution Requiring Notice To Citizens
Regarding Their Responsibilities As It Pertains To Compliance With
Litter, Solid Waste And Trash Ordinances (Requested By
Councilmember Moses)
Ordinances
(1) P.O. No. 6636 — An Ordinance Amending Chapter 38 (Fire
Prevention And Protection) Of The Code Of Ordinances Of The City
Of Port Arthur In Its' Entirety; Article I (In General), Article II
(Standards), And Adopting The International Fire Code, 2015
Edition, Published By The International Code Council, Inc.;
Providing Certain Amendments Thereto; Repealing All Ordinances
Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty
For Violations By Fine Not Exceeding Two Thousand Dollars, As
City Council Minutes _5
Regular Meeting —August 29, 2017
Provided In Section 5 Of This Code Or As May Be Otherwise
Imposed By State Law; Providing A Savings Clause; And Providing
For Publication And An Effective Date Immediately After Publication
(2) P.O. No. 6637 — An Ordinance Of The City Council Of Port Arthur,
Texas, Confirming The Acceptance Of The Agreed Final Judgment
Between The City Of Port Arthur, Texas, And The City Of Bridge
City, Texas
(3) P.O. No. 6638 — An Ordinance Designating A Portion Of Land
Located In The City Of Port Arthur's Extraterritorial Jurisdiction
(EJT) As An Industrial District Pursuant To 42.044 Of The Texas
Local Government Code
III. ITEMS REQUIRING INDIVIDUAL ACTION
Resolutions
(4) P.R. No. 19839 — A Resolution Authorizing The City
Manager To Execute An Interlocal Contract With South East
Texas Regional Planning Commission Relating To The
Planning, Development, Operation And Provision Of 9-1-1
Service And The Use Of 9-1-1 Funds
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Lewis, seconded by Mayor Freeman and carried,
Proposed Resolution No. 19839 was adopted becoming Resolution No. 17-216.
Voting Yes: Mayor Freeman and Councilmember Lewis.
Voting No: None.
The caption of Resolution No. 17-216 reads as follows:
RESOLUTION NO. 17-216
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN INTERLOCAL
CONTRACT WITH SOUTH EAST TEXAS
REGIONAL PLANNING COMMISSION RELATING
TO THE PLANNING, DEVELOPMENT,
OPERATION AND PROVISION OF 9-1-1
SERVICE AND THE USE OF 9-1-1 FUNDS
(9) P.R. No. 19883 — A Resolution Authorizing The Third And
Final Year (Second Renewal) Of The Agreement With Witt
O'Brien's, LLC Of Fort Lauderdale, Florida For Debris
Monitoring Services For The City Of Port Arthur In The
Event Of An Emergency Or Disaster
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Lewis, seconded by Mayor Freeman and carried,
Proposed Resolution No. 19883 was adopted becoming Resolution No. 17-217.
Voting Yes: Mayor Freeman and Councilmember Lewis.
Voting No: None.
The caption of Resolution No. 17-217 reads as follows:
City Council Minutes 6
Regular Meeting — August 29, 2017
RESOLUTION NO. 17-217
A RESOLUTION AUTHORIZING THE THIRD AND
FINAL YEAR (SECOND RENEWAL) OF THE
AGREEMENT WITH WITT O'BRIEN'S, LLC OF
FORT LAUDERDALE, FLORIDA FOR DEBRIS
MONITORING SERVICES FOR THE CITY OF
PORT ARTHUR IN THE EVENT OF AN
EMERGENCY OR DISASTER
(8) P.R. No. 19882 — A Resolution Authorizing The Third Year
And Final Year (Second Renewal) Of The Agreement With
Crowder Gulf Of Theodore, Alabama For Debris Removal
And Emergency Services For The City Of Port Arthur In The
Event Of An Emergency Or Disaster
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Lewis, seconded by Mayor Freeman and carried,
Proposed Resolution No. 19882 was adopted becoming Resolution No. 17-218.
Voting Yes: Mayor Freeman and Councilmember Lewis.
Voting No: None.
The caption of Resolution No. 17-218 reads as follows:
RESOLUTION NO. 17-218
A RESOLUTION AUTHORIZING THE THIRD
YEAR AND FINAL YEAR (SECOND RENEWAL) OF
THE AGREEMENT WITH CROWDER GULF OF
THEODORE, ALABAMA FOR DEBRIS REMOVAL
AND EMERGENCY SERVICES FOR THE CITY OF
PORT ARTHUR IN THE EVENT OF AN
EMERGENCY OR DISASTER
IV. PUBLIC HEARINGS — 9:00 AM
(1) A Public Hearing To Receive Public Comment And Hear All
Persons Desiring To Be Heard On The Proposed Ad Valorem
Property Tax Rate For Tax Year 2017
A Tax Rate Of .792000 Per $100 Valuation Has Been
Proposed For Adoption By The Governing Body Of City Of
Port Arthur. This Rate Exceeds The Lower Of The Effective
Or Rollback Tax Rate, And State Law Requires That Two
Public Hearings Be Held By The Governing Body Before The
Adoption Of The Proposed Tax Rate
This Is The First Required Hearing
The Mayor introduced the above-mentioned Public Hearing at 9:00 a.m.
The City Attorney gave an overview of the proposed tax rate.
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.
City Council Minutes 7
Regular Meeting — August 29, 2017
III. ITEMS REQUIRING INDIVIDUAL ACTION
Ordinances
(4) P.O. No. 6639 — An Ordinance Extending The Declaration Of
Disaster Pursuant To §418.108(b) Of The Texas
Government Code *The Necessity Of This Ordinance Will
Depend On The Status Of Weather Conditions Related To
Hurricane Harvey At The Time Of City Council
Consideration Of This Matter
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Lewis and seconded by Mayor Pro Tern Jones
that Proposed Ordinance No. 6639 be adopted.
Deputy Fire Chief Lt. Havens appeared before the City Council to answer inquiries
regarding the above-mentioned declaration of disaster.
Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmember Scott, Kinlaw,
Doucet and Lewis.
Voting No: None.
The caption of Ordinance No. 17-28 reads as follows:
ORDINANCE NO. 17-28
AN ORDINANCE EXTENDING THE
DECLARATION OF DISASTER PURSUANT TO
§418.108(B) OF THE TEXAS GOVERNMENT
CODE *THE NECESSITY OF THIS ORDINANCE
WILL DEPEND ON THE STATUS OF WEATHER
CONDITIONS RELATED TO HURRICANE
HARVEY AT THE TIME OF CITY COUNCIL
CONSIDERATION OF THIS MATTER
V. ADJOURNMENT OF MEETING
Upon the motion by Councilmember Kinlaw, seconded by Councilmember Doucet and
carried unanimously, the City Council adjourned their meeting 9:30 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.
MAYOR DERRICK FREEMAN
ATTEST:
CITY SECRETARY SHERRI BELLARD
END OF REGULAR MEETING HELD August 29, 2017.
APPROVED •
City Council Minutes 8
Regular Meeting — August 29, 2017