HomeMy WebLinkAboutMAY 8, 2018 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR Enew HARVEY ROBINSON
CAL J.JONES.MAYOR PRO TEM City of camINTERIM CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. u ort Y t{! Its CITY SECRETARI'
THOMAS J.KINLAW,III
HAROLD DOUCET,SR. Texas VAL TREND
CHARLOTTE MOSES CITY ATTORNEY
KAPRINA FRANK
•
AG E N DA
City Council
Regular Meeting
May 8, 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
May 8, 2018
8:30 A.M.
PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES
I. INVOCATION, PLEDGE & ROLL CALL
Mayor Freeman
Mayor Pro Tem Jones
Councilmember Scott, Jr.
Councilmember Kinlaw, III
Councilmember Doucet, Sr.
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) Victoria A. Woody Regarding Victoria's Special Occasions and
Parties LLC, (VSOP) Bringing New Business And Jobs To The City
(2) Greg Richard Regarding Forensic Audit Workshop Update
(3) Allen Valka Of Opies's Towing & Transport Regarding City
Ordinance 8-105, Parking Limited To Cars, Pickup Trucks, And Vans
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AGENDA
May 8, 2018
III. PETITIONS & COMMUNICATIONS — CONTINUED
B. Presentations
(1) A Presentation By Darlene Thomas-Pierre, Director Of Inspections
And Code Compliance Regarding Tire And Trash Pick-Up
(2) A Presentation By Armando Gutierrez, Director Of Public Works
Regarding The Streets Program
C. Employee Recognition — None
D. Correspondence — None
E. Discussion
(1) A Discussion Regarding City-Owned Properties (Requested by
Councilmember Doucet)
IV. PUBLIC HEARINGS — 9:00 A.M.
(1) A Public Hearing To Consider Z18-03 [Sup# 231] — Specific Use
Permit For Approximately 1.873 Acres Of Land, Tract 81, Abstract
No. 123 D. Gahagen, Pleasure Island, City Of Port Arthur, Jefferson
County, Texas
(2) A Public Hearing To Consider A Zoning Change From Multiple
Family "MF" 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 Subdivisions, City of Port
Arthur, Jefferson County, Texas
AGENDA
MAY 8, 2018
V. UNFINISHED BUSINESS
(1) P.R. No. 20155 — A Resolution Authorizing One (1) Year Contracts
Between The City Of Port Arthur And Eighteen (18) Vendors: (1)
Affordable Lawn Care Of Port Arthur, Texas, (2) All In One Lawn
Service Of Port Arthur, Texas, (3) Bladerunners Of Beaumont,
Texas, (4) Dee Rite Cut Of Port Arthur, Texas, (5) Derrick And
Noah Lawn Service Of Port Arthur, Texas, (6) DMJ Landscaping Of
Port Arthur, Texas, (7) Eduardo T.O. Landscaping Of Groves,
Texas, (8) Hites Maintenance Of Port Arthur, Texas, (9) Israel
Lopez Construction Of Port Arthur, Texas, (10) J & J Lawn Service
And Landscaping Of Beaumont, Texas, (11) JL Handyman Of Port
Arthur, Texas, (12) K & D Affordable Of Port Arthur, Texas, (13) M
& J Lawn Services Of Port Arthur, Texas, (14) Myers And Myers Of
Port Arthur, Texas, (15) Newcost Company Of Port Arthur, Texas,
(16) South East Texas Lawn And Maintenance Of Beaumont, Texas,
(17) S-Mo Unlimited Of Port Arthur, Texas And (18) Support
Operation Services Of Port Arthur, Texas For Grass Mowing
Services Of Privately-Owned And City-Owned Vacant Lots In Areas
Of The City Designated As Areas B Through E, With An Annual
Projected Budgetary Impact Of $150,000.00. Funds Are Available
In Account Number 001-1304-541.59-00 — Other Contractual
Services
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 — None
B. Minutes
April 24, 2018 Regular Meeting
AGENDA
MAY 8, 2018
VI. CONSENT AGENDA — CONTINUED
C. Resolutions
(1) P.R. No. 20186 — A Resolution Authorizing The Execution Of A
Utilities Relocation Agreement Between The City Of Port Arthur And
Port Arthur LNG Holdings, LLC Pertaining To A Public Utility
Easement Whereupon A Liquefaction Facility Will Be Erected
Located In The City Of Port Arthur
(2) P.R. No. 20204 — A Resolution Awarding A Bid And Authorizing The
City Manager To Execute A Contract With Excavation And
Construction, LLC Of Port Arthur, Texas For The Lakeshore Drive
Roadway Pavement Replacement Project With A Projected
Budgetary Impact Amount Of $560,000.00. Funding Is Available In
Account Under The Capital Improvement Account For Street
Maintenance 307-1601-591.86-01 Project# EDC002
(3) P.R. No. 20226 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Physical Damage Claim In The
Amount Of $50,223.24 Made Against Texas Municipal League
Intergovernmental Risk Pool (TMLIRP) As A Result Of Property
Damage To City Hall Annex Building
(4) P.R. No. 20227 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Physical Damage Claim In The
Amount Of $10,080.40 Made Against Texas Municipal League
Intergovernmental Risk Pool (TMLIRP) As A Result Of Property
Damage To Water Distribution Unit #2005
(5) P.R. No. 20228 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of
$2,443,519.75 Made Against Texas Municipal League
Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood
Damages To City Vehicles Due To Hurricane Harvey (August 30,
2017)
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AGENDA
MAY 8, 2018
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VI. CONSENT AGENDA — CONTINUED
(6) P.R. No. 20242 — A Resolution Authorizing The City Manager To
Make A Payment To Texas Commission On Environmental Quality
(TCEQ) For The Second Quarter Fee For Landfill Disposal With A
Not To Exceed Amount Of $29,566.07. Funding Is Available In
Account No. 403-1274-533.59-01, Public Works Department Landfill
Division — Regulatory Fees/Fines
(7) P.R. No. 20243 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $14,955.90
Made Against Texas Municipal League Intergovernmental Risk Pool
(TMLIRP) As A Result Of The Flood Damages To A Unit Of Mobile
Equipment Due To Hurricane Harvey (August 30, 2017) (2016
Gradall Excavator DE)
(8) P.R. No. 20244 — A Resolution Authorizing The Third Year And Final
Year Of The Contract With Siddons-Martin Emergency Group Of
Port Arthur And Houston, Texas, For Preventative Maintenance And
Repair To Fire Department Fire Apparatus And Other Special
Response Vehicles, With A Projected Budgetary Impact Of
$200,000.00; Funding Available In Fire Department Vehicle
Maintenance Account No. 001-1121-522.43-00
(9) P.R. No. 20245 — A Resolution Authorizing The Donation Of Ten
(10) Outdated Self Contained Breathing Apparatus (SCBAs) To The
Lamar Institute Of Technology Fire Academy
(10) P.R. No. 20249 — A Resolution Nominating Motiva Enterprises, LLC
To The Office Of The Governor Economic Development And
Tourism (OOGEDT) Through The Economic Development Band For
Designation As A Qualified Business And Enterprise Project Under
The Texas Enterprise Zone Program Under The Texas Enterprise
Zone Act, Chapter 2303, Texas Government Code
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AGENDA
MAY 8, 2018
VI. CONSENT AGENDA — CONTINUED
(11) P.R. No. 20250 — A Resolution Nominating The Premcor Refining
Group Inc., To The Office Of The Governor Economic Development
And Tourism (OOGEDT) Through The Economic Development Bank
For Designation As A Qualified Business And Enterprise Project
Under The Texas Enterprise Zone Program Under The Texas
Enterprise Zone Act, Chapter 2303, Texas Government Code
(12) P.R. No. 20252 — A Resolution Authorizing The Purchase Of Sixteen
(16) Police Vehicles Via The Texas GoodBuy Cooperative
Purchasing Contract From Silsbee Ford Of Silsbee, Texas In The
Amount Of $501,032.48; Funding Available In Account Numbers:
147-2300-901.92-00, Project No. 082617; 001-1101-521.11-00;
And 001-1101-521.57-00
(13) P.R. No. 20253 — A Resolution Authorizing The City Of Port Arthur
To Participate In An Interlocal Agreement For Cooperative
Purchasing With GoodBuy Purchasing Cooperative Of The
Education Service Center, Region 2
(14) P.R. No. 20255 — A Resolution Authorizing The City Manager To
Enter Into A Six (6) Months Lease With Karey Amick Of B&H
Enterprises, Inc., For The Property Located At 949 T.B. Ellison
Parkway, Also Known As The Pleasure Island Boat Yard
(15) P.R. No. 20257 — A Resolution Authorizing The City Manager To
Execute Change Order No. 02 To The Contract Between The City
Of Port Arthur And Old Castle Materials Gulf Coast, Inc., Of
Beaumont, Texas For The West Rev. Dr. Ransom Howard (West
7th) Street Pavement Rehabilitation Project Increasing The
Contract Amount By $55,493.82 To A New Total Amount Of
$1,443.369.07 And Increasing The Contract Term By 36 Calendar
Days To A New Total Of 177 Days. Funding Available In GLO Round
2.2 Program, Project No. I22W7, Account No. 145-1201-532.59-00
($730,000.00) And Capital Projects Account 307-1601-591.86-00
($713,369.07)
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AGENDA
MAY 8, 2018
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 20183 — A Resolution Rejecting All Request For
Qualifications For Engineering Design And Construction
Management Services Street Program Year One
(2) P.R. No. 20216 — A Resolution Documenting That Pursuant To The
Amendment Of Section 9 Of Article II Of The City Charter Approved
At The May 2, 1992 City Election In The City Of Port Arthur, Texas,
District 3 Councilmember Shall Serve As Mayor Pro Tern And Shall
Act As Mayor During The Absence Or Disability Of The Mayor And
Shall Serve As Mayor Pro Tern Until May 2019
SWEARING IN OF MAYOR PRO TEM THOMAS KINLAW III
(3) P.R. No. 20221 — A Resolution Authorizing The City Manager To
Execute An Agreement Between The City Of Port Arthur And
Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The
Roadway Design Of 15th Street With A Projected Budgetary Amount
Of $66,111.00. Funding Is Available In Account 307-1601-
591.86.00 Under The Capital Improvements Account For Streets
Improvement
(4) P.R. No. 20222 — A Resolution Authorizing The City Manager To
Execute An Agreement Between The City Of Port Arthur And
Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The
Roadway Design Of Willow Avenue With A Projected Budgetary
Amount Of $99,135.00. Funding Is Available In Account 307-1601-
591.86.00 Under The Capital Improvements Account For Streets
Improvement
(5) P.R. No. 20223 — A Resolution Authorizing The City Manager To
Execute An Agreement Between The City Of Port Arthur And
Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The
Roadway Design Of 60th Street With A Projected Budgetary Amount
Of $110,703.00. Funding Is Available In Account 307-1601-
591.86.00 Under The Capital Improvements Account For Streets
Improvement
AGENDA
MAY 8, 2018
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(6) P.R. No. 20230 — A Resolution Authorizing The City Manager To
Execute An Agreement Between The City Of Port Arthur And Action
Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway
Design Of Sunken Court — Phase I With A Projected Budgetary
Amount Of $106,300.00. Funding Is Available In Account 307-
1601-591.86.00 Under The Capital Improvements Account For
Street Improvement
(7) P.R. No. 20231 — A Resolution Authorizing The City Manager To
Execute An Agreement Between The City Of Port Arthur And Action
Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway
Design Of Sunken Court — Phase II With A Projected Budgetary
Amount Of $110,500.00. Funding Is Available In Account 307-
1601-591.86.00 Under The Capital Improvements Account For
Street Improvement
(8) P.R. No. 20232 — A Resolution Authorizing The City Manager To
Execute An Agreement Between The City Of Port Arthur And
Soutex Surveyors And Engineers Of Port Arthur, Texas For The
Roadway Design Of Carolina Avenue With A Projected Budgetary
Amount Of $106,000.00. Funding Is Available In Account 307-
1601-591.86.00 Under The Capital Improvements Account For
Streets Improvement
(9) P.R. No. 20233 — A Resolution Authorizing The City Manager To
Execute A Professional Services Agreement Between The City Of
Port Arthur And Soutex Surveyors And Engineers Of Port Arthur,
Texas For The Roadway Design Of 8th Avenue With A Projected
Budgetary Amount Of $106,000.00. Funding Is Available In Account
307-1601-591.86.00 Under The Capital Improvements Account For
Streets Improvement
(10) P.R. No. 20238 — A Resolution Authorizing The City Manager To
Execute An Agreement Between The City Of Port Arthur And Action
Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway
Design Of Nashville Avenue With A Projected Budgetary Amount Of
$109,500.00. Funding Is Available In Account 307-1601-591.86.00
Under The Capital Improvements Account For Streets Improvement
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AGENDA
MAY 8, 2018
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
B. Ordinances — Non-Consent
(1) P.O. No. 6690 — An Ordinance Authorizing The City Manager To
Execute The Settlement Of Mobile Equipment Physical Damage In
The Amount Of $275,000.00 Made Against Texas Municipal League
Intergovernmental Risk Pool (TMLIRP) As A Result Of Property
Damage To Landfill Compactor #1636
(2) P.O. No. 6693 — An Ordinance Of The City Of Port Arthur, Texas
Approval To Implement The Rates For A New Federal Tax Credit
Rider ("FTCCR") Proposed By Aqua Texas, Inc. Aqua Utilities, Inc.
(Including Its Subsidiaries Harper Water Company, Inc., And
Kerrville South Water Company, Inc.) And Aqua Development, Inc.
D/B/A Aqua Texas Filing Made With The City On April 4, 2018;
Finding That The Meeting Complies With The Open Meetings Act;
Making Other Findings And Provisions Related To The Subject, And
Declaring An Effective Date
(3) P.O. No. 6694 — An Ordinance Amending Chapter 34, Article II,
Sections 54 — 64 To The City Of Port Arthur Code Of Ordinances,
To Include Regulations For The Proper Disposal Of Tires And The
Registration Of Certain Tire Businesses And Tire Haulers Within The
City Of Port Arthur; Providing For A Penalty Of $50.00 For Each
Separate Offense; And Providing For Publication Thereof
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AGENDA
MAY 8, 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 – Attorney Consultation To
Provide Advice And Counsel In Connection With The City's Rights,
Duties, Privileges, And Obligations In Connection With Pending
Litigation And Negotiations With The Port Arthur Police Association
(2) Section 551.072 Government Code — To Discuss The Value Of The
Land In The City's Extraterritorial Jurisdiction (ETJ)
IX. ADJOURNMENT OF MEETING
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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 May 9, 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
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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 Lca%2and goodorder 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.