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Home My WebLink About(01) MINUTES 01/30/2018 REGULAR MEETING REGULAR MEETING — January 30, 2018 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, January 30, 2018 at 5:35 p.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, Harold Doucet, Sr., Willie "Bae" Lewis, Jr., Osman Swati, Charlotte M. Moses and Kaprina Frank; Interim City Manager Harvey Robinson, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Patrick Melvin. II. PROCLAMATIONS Proclamations - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Thomas McDonald, Morris Albright, Larry Web, Darryl Richerson, and Jerry Bush Regarding Infrastructure Improvements Canceled will reschedule. (2) Wade Price Sr. Regarding Hurricane Harvey Flood, City Ordinance, People Leaving Port Arthur Wade Price, 5725 Charles Avenue, appeared before the City Council to discuss the above-mentioned topic. (3) John Beard, Jr. Regarding The Port Arthur Community Action Network And The GLO Harvey Recovery Plan John Beard, 1501 W. 15th Street, appeared before the City Council to discuss the above-mentioned topic. Assistant City Manager Ron Burton appeared before the City Council to answer inquiries regarding the hurricane recovery plan. B. Presentations (1) Presentation By Whitley Penn, LLP Regarding The 2016 Audit Whitley Peen CPA Christopher Breaux gave the above-mentioned presentation. C. Employee Recognition - None D. Correspondence - None III. PETITIONS & COMMUNICATIONS E. Discussion Addendum (1) City Council Discussion Concerning An Immediate Danger To Public Health And Safety Created By Recent Rising Water, the Potential of Flooding And The Urgent Necessity For Emergency Debris Removal And Further Authorize The City Manager To Engage A Contractor For The Emergency Repair And Mitigation Of Said Damages. DD7 Representative Brian McZeal appeared before the City Council to answer inquiries regarding the above-mentioned flooding. The City Council recessed their meeting at 7:20 p.m. and reconvened their meeting at 7:36 p.m. with the following members present: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati, Moses and Frank; Interim City Manager Robinson; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Melvin. VI. CONSENT AGENDA Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 20008 and 20084: Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. A. Minutes December 19, 2017 Regular Meeting December 28, 2017 Special Meeting January 16, 2018 Regular Meeting B. Resolutions — Consent (2) P.R. No. 20058 — A Resolution Authorizing The City Manager To Execute An Agreement With SCS Engineers Of Bedford, Texas, For Engineering Services Pertaining To The Installation Of Scales At The City Landfill In The Not To Exceed Amount Of $35,000.00; Funds Are Available In The Public Works Landfill Professional Services Account Number 625-1801-533.92-00 Proposed Resolution No. 20058 was adopted becoming Resolution No. 18-022. (3) P.R. No. 20075 — A Resolution Authorizing The City Manager To Execute The Deeds Of Trust And Loan Agreements Between The City And Three (3) Homeowners That Are Participating In The Rehabilitation And Demolition/Reconstruction Federal Program Proposed Resolution No. 20075 was adopted becoming Resolution No. 18-023. (4) P.R. No. 20078 — A Resolution Authorizing The Payment To Germer PLLC For Professional Services Rendered During The Month Of November And December, 2017 In The Amount Of $11,658.10 Account No. 120-1429-582.54-00 Proposed Resolution No. 20078 was adopted becoming Resolution No. 18-024. (5) P.R. No. 20079 — A Resolution Approving The Renewal Of A Contract For Legal Services With Germer PLLC By The City Of Port Arthur Section 4A Economic Development Corporation With An Option To Extend This Legal Service Engagement For Two Additional 1-Year Periods For The Two Years Following The Initial Term Of This Contract Proposed Resolution No. 20079 was adopted becoming Resolution No. 18-025. City Council Minutes 2 Regular Meeting —January 30, 2018 (6) P.R. No. 20080 — A Resolution Approving An Amendment To The Pre-Employment Workforce Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur For The Training Of Additional Port Arthur Residents As Class A Commercial Drivers Proposed Resolution No. 20080 was adopted becoming Resolution No. 18-026. (7) P.R. No. 20081 — A Resolution Approving A Pre- Employment Workforce Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur For The Training Of Port Arthur Residents As Class A & B Commercial Drivers In An Amount Not To Exceed $60,000 Proposed Resolution No. 20081 was adopted becoming Resolution No. 18-027. (8) P.R. No. 20082 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Third And Final Year Renewal For Janitorial Services At 501 Procter With Southeast Texas Building Services Of Nederland, Texas With A Projected Budgetary Impact Of $40,000.00; EDC Building Account No. 120- 1429-582.82-00 Proposed Resolution No. 20082 was adopted becoming Resolution No. 18-028. (10) P.R. No. 20087 — A Resolution Authorizing The City Manager To Execute Memorandums Of Agreement With The Texas A&M Forest Service To Provide Emergency Response Personnel To Serve And Respond As Members Of The State Of Texas Regional Incident Management Team Program Proposed Resolution No. 20087 was adopted becoming Resolution No. 18-029. (11) P.R. No. 20088 — A Resolution Authorizing The City Manager To Execute A Letter Of Engagement With Whitley Penn, LLP, As Independent Auditor For The City Of Port Arthur With A Projected Budgetary Impact Of $108,800 For The Year Ending September 30, 2017. Finance Department Account #001-1031-515.54-00 Proposed Resolution No. 20088 was adopted becoming Resolution No. 08-030. (12) P.R. No. 20090 — A Resolution Authorizing The Execution Of A Contract For The Purchase Of One (1) Fairbanks Morse Vertical Coupled Solids Handling Pump For The Water And Sewer Department With JDC Fluid Equipment, LLC Of Houston, Texas In The Amount Of $35,293.45 Plus Freight Not To Exceed $1,000.00. Funds Are Available In Account No. 410-1255-532.42, Equipment Maintenance Proposed Resolution No. 20090 was adopted becoming Resolution No. 18-031. (13) P.R. No. 20093 — A Resolution Authorizing The City Manager To Reject All Request For Proposals For The Disaster Recovery Grants Management & Administrative Services And Authorizing Re-Advertisement For Bids Proposed Resolution No. 20093 was adopted becoming Resolution No. 18-032. City Council Minutes Regular Meeting — January 30, 2018 (14) P.R. No. 20094 - A Resolution Authorizing The Execution Of An Agreement Between The City Of Port Arthur And The Port Arthur Economic Development Corporation As It Pertains To Administrative Charges To Be Used For A Disaster Recovery Plan In Relation To Hurricane Harvey, In The Amount Not To Exceed $50,000 Funding Available In EDC Account Number 120-1429-582.59-05 Proposed Resolution No. 20094 was adopted becoming Resolution No. 18-033. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (1) P.R. No. 20008 — A Resolution Designating And Establishing The Zydeco Dance Festival Entertainment Area For 2018, Designating Wanted Riders Trail Ride Social And Civic Organization As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Wanted Riders Trail Ride Social And Civic Organization The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tem Jones, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 20008 was adopted becoming Resolution No. 18-034. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 18-034 reads as follows: RESOLUTION NO. 18-034 A RESOLUTION DESIGNATING AND ESTABLISHING THE ZYDECO DANCE FESTIVAL ENTERTAINMENT AREA FOR 2018, DESIGNATING WANTED RIDERS TRAIL RIDE SOCIAL AND CIVIC ORGANIZATION AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WANTED RIDERS TRAIL RIDE SOCIAL AND CIVIC ORGANIZATION VII. ITEM REQUIRING INDIVIDUAL ACTION B. Ordinances (3) P.O. No. 6679 — An Ordinance Amending Article II, Division 6, Chapter 90, Section 161 (D) Of Code Of Ordinances As It Pertains To Admission Fees Charged By An Exclusive Concessionaire In An Entertainment Area The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Doucet, seconded by Councilmember Moses and carried, Proposed Ordinance No. 6679 was adopted becoming Ordinance No. 18-05. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati, Moses and Frank. City Council Minutes 4 Regular Meeting —January 30, 2018 Voting No: None. The caption of Ordinance No. 18-05 reads as follows: ORDINANCE NO. 18-05 AN ORDINANCE AMENDING ARTICLE II, DIVISION 6, CHAPTER 90, SECTION 161 (D) OF CODE OF ORDINANCES AS IT PERTAINS TO ADMISSION FEES CHARGED BY AN EXCLUSIVE CONCESSIONAIRE IN AN ENTERTAINMENT AREA (4) P. O. No. 6680 — An Ordinance Adding Article VIII Zydeco Dance Festival, Sections 90-253 And 90-254 Of Chapter 90 Special Events To The Code Of Ordinances Providing For Publication, A Penalty And An Effective Date The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Mayor Pro Tem Jones and carried, Proposed Ordinance No. 6680 was adopted becoming Ordinance No. 18-06. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Ordinance No. 18-06 reads as follows: ORDINANCE NO. 18-06 AN ORDINANCE ADDING ARTICLE VIII ZYDECO DANCE FESTIVAL, SECTIONS 90-253 AND 90- 254 OF CHAPTER 90 SPECIAL EVENTS TO THE CODE OF ORDINANCES PROVIDING FOR PUBLICATION, A PENALTY AND AN EFFECTIVE DATE VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (9) P.R. No. 20084 — A Resolution Authorizing The City Manager To Enter Into A Funding Agreement Between The City Of Port Arthur And The Texas Historical Commission For The Texas Preservation Trust Fund Grant Of $13,800.00 For Repairs To Rose Hill Manor. Matching Funds In The Amount Of $50,000.00 Are Budgeted In Hotel Occupancy Tax Account No. 140-1405-551.59-00, Project No. M97908 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Moses that Proposed Resolution No. 20084 be adopted. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. Proposed Resolution No. 20084 was adopted becoming Resolution No. 18-035. City Council Minutes 5 Regular Meeting —January 30, 2018 The caption of Resolution No. 18-035 reads as follows: RESOLUTION NO. 18-035 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A FUNDING AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE TEXAS HISTORICAL COMMISSION FOR THE TEXAS PRESERVATION TRUST FUND GRANT OF $13,800.00 FOR REPAIRS TO ROSE HILL MANOR. MATCHING FUNDS IN THE AMOUNT OF $50,000.00 ARE BUDGETED IN HOTEL OCCUPANCY TAX ACCOUNT NO. 140-1405-551.59-00, PROJECT NO. M97908 III. PETITIONS & COMMUNICATIONS E. Discussion (1) Discussion Regarding 2020 Census (Requested By Councilmember Doucet) Discussion was held regarding the 2020 Census process. (2) Discussion Regarding Valero The City Attorney gave a status update regarding the proposed Valero Community Garden provided by Valero. The proposed Community Garden is still on the table and Valero looks forward to bringing it to fruition. At this time they are addressing community feedback. They're intention is to obtain the full endorsement of the City Council in the near future. If the concerns of the community are not satisfactorily addressed and the community garden is not constructed the allocated funds will be paid to TCEQ for a statewide tire clean-up program. IV. PUBLIC HEARINGS — 6:00 PM - None V. UNFINISHED BUSINESS (1) 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) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Resolution No. 20051 was adopted, with the name Richard Williams inserted, becoming Resolution No. 18-036. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 18-036 reads as follows: RESOLUTION NO. 18-036 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS (REQUESTED BY MAYOR PRO TEM JONES) City Council Minutes 6 Regular Meeting —January 30, 2018 (2) P.O. No. 6668 — An Ordinance Adding To Chapter 14, Boards, Authorities, Commissions And Committees, Article XXIII - Port Arthur Electrical Advisory Board To The Code Of Ordinances Creating Said Board, Establishing Membership Criteria, Terms Of Office, And Delineating Duties Of Said Board (Requested By Councilmember Lewis) The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Doucet and seconded by Councilmember Frank that Proposed Ordinance 6668 be adopted. Voting Yes: Mayor Pro Tern Jones and Councilmembers Lewis. Voting No: Mayor Freeman; Councilmembers Scott, Kinlaw, Doucet, Swati, Moses and Frank. The motion to adopt Proposed Ordinance No. 6668 failed. VII. ITEM REQUIRING INDIVIDUAL ACTION A. Resolutions (1) P.R. No. 20092 — A Resolution Appointing Representatives To The South East Texas Regional Planning Commission Executive Committee (Requested By Mayor Freeman) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Swati, seconded by Councilmember Moses and carried, Proposed Resolution No. 20092 was adopted becoming Resolution No. 18-037. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 18-037 reads as follows: RESOLUTION NO. 18-037 A RESOLUTION APPOINTING REPRESENTATIVES TO THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION EXECUTIVE COMMITTEE (REQUESTED BY MAYOR FREEMAN) (2) P.R. No. 20095 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Councilmember Moses) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Swati and carried, Proposed Resolution No. 20095 was adopted, with the name Debra Valcin inserted, becoming Resolution No. 18-038. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. City Council Minutes 7 Regular Meeting —January 30, 2018 Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 18-038 reads as follows: RESOLUTION NO. 18-038 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE PLEASURE ISLAND ADVISORY COMMITTEE (REQUESTED BY COUNCILMEMBER MOSES) (3) P.R. No. 20096 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Moses) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Swati and carried, Proposed Resolution No. 20096 was adopted, with the name Debra Valcin inserted, becoming Resolution No. 18-039. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 18-039 reads as follows: RESOLUTION NO. 18-039 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE BEAUTIFICATION COMMISSION (REQUESTED BY COUNCILMEMBER MOSES) B. Ordinances (1) P. O. No. 6677 - An Ordinance Rescinding Ordinance No. 18-01 In Its Entirety As It Pertains To Amending Article III (Electrical Code) Of Chapter 18 (Buildings), Section 18-72 With Regard To The Definition Of One Or Two Family Dwelling Unit Electrician (Residential Wireman) (Requested By Mayor Freeman) The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Moses and seconded by Councilmember Frank that Proposed Ordinance No. 6677 be adopted. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6677: Councilmember Doucet "Yes" Councilmember Frank "Yes" Mayor Pro Tem Jones "No" Councilmember Kinlaw "Yes" Councilmember Lewis "No" Councilmember Moses "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" City Council Minutes 8 Regular Meeting —January 30, 2018 Mayor Freeman "Yes" Proposed Ordinance No. 6677 was adopted becoming Ordinance No. 18-07. The caption of Ordinance No. 18-07 reads as follows: ORDINANCE NO. 18-07 AN ORDINANCE RESCINDING ORDINANCE NO. 18-01 IN ITS ENTIRETY AS IT PERTAINS TO AMENDING ARTICLE III (ELECTRICAL CODE) OF CHAPTER 18 (BUILDINGS), SECTION 18-72 WITH REGARD TO THE DEFINITION OF ONE OR TWO FAMILY DWELLING UNIT ELECTRICIAN (RESIDENTIAL WIREMAN) (REQUESTED BY MAYOR FREEMAN) (2) P.O. No. 6678 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit 231 (Sup #231) For Approximately 2.7650 Acres Of Land Consisting Of Tract 7, Abstract No. 159 WM King Survey [A.K.A. 8660 South 1st Avenue], Sabine Pass, Jefferson County, Texas For The Installation And Maintenance Of Three Above-Ground, 10,000-Gallon Diesel Fuel Storage Tanks In The Industrial Zoned District (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The 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 Publication Date (Z17-06 — Phuong Tu Lam) The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Ordinance No. 6678 was adopted becoming Ordinance No. 18-08. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Ordinance No. 18-08 reads as follows: ORDINANCE NO. 18-08 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT 231 (SUP #231) FOR APPROXIMATELY 2.7650 ACRES OF LAND CONSISTING OF TRACT 7, ABSTRACT NO. 159 WM KING SURVEY [A.K.A. 8660 SOUTH 1ST AVENUE], SABINE PASS, JEFFERSON COUNTY, TEXAS FOR THE INSTALLATION AND MAINTENANCE OF THREE ABOVE-GROUND, 10,000-GALLON DIESEL FUEL STORAGE TANKS IN THE INDUSTRIAL ZONED DISTRICT (VIOLATION OF THIS ORDINANCE OR THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR IS PUNISHABLE AS PROVIDED IN SECTION 1-13 OF THE CODE OF ORDINANCES AS AMENDED BY FINE NOT EXCEEDING TWO THOUSAND [$2,000] DOLLARS); AND City Council Minutes Regular Meeting —January 30, 2018 PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE (Z17-06 — PHUONG TU LAM) VIII. ADJOURNMENT OF MEETING Upon the motion by Councilmember Doucet, seconded by Councilmember Swati and carried unanimously, the City Council adjourned their meeting 8:34 p.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 January 30, 2018. APPROVED City Council Minutes 10 Regular Meeting —January 30, 2018