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HomeMy WebLinkAboutMAY 22, 2018 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAYOR free,g, HARVEY ROBINSON THOMAS J. KINLAW III,MAYOR PRO TE\I City of Cit INTERIM CITY MANAGER COUNCIL MEMBERS: '` JJ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CALJ.JONES ort rthur HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES Teras CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting May 22, 2018 5 :30 p. 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 22, 2018 5:30 P.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tern Kinlaw, III Councilmember Scott, Jr. Councilmember Jones Councilmember Doucet, Sr. Councilmember Moses Councilmember Frank Interim City Manager Robinson City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Greg Richard Regarding Forensic Audit Update (2) Amelia Adams And Charlie Dunn Of Texas Houser's Regarding City Of Port Arthur — Unmet Need (3) Warren Field Regarding Suggested Consideration When Planning For And Managing "Twenty Twenty Employees" 1 AGENDA MAY 22, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By James Gilleylan Of The J-Quad Planning Group Regarding An Update On The Disaster Recovery Plan (2) A Presentation By Finance Director Andrew Vasquez Regarding The April 2018 Monthly Financial Report (3) A Presentation By Staff Regarding Local Funding Through CDBG - DR Disaster Recovery Funding (4) A Presentation By Staff Regarding South East Texas Regional Planning Commission C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.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. AGENDA MAY 22, 2018 VI. CONSENT AGENDA — CONTINUED A. Expense Reports (A1) Mayor Derrick Freeman Jr: Attend Small Town Summit Speaking Engagement On Tropical Storm Harvey Charlottesville, VA April 11 — 14, 2018 $1,356.32 (A2) Mayor Derrick Freeman Jr: Motiva Board Meeting Houston, TX May 9, 2018 $450.77 (A3) City Secretary Sherri Bellard: Texas Municipal Clerks Conference San Antonio, TX April 4 — 6, 2018 $1,021.48 B. Minutes April 24, 2018 Special Executive Meeting May 8, 2018 Regular Meeting May 14, 2018 Special Meeting C. Resolutions — Consent (1) P.R. No. 20193 — A Resolution Amending Resolution No. 17-301, Authorizing The City Manager To Execute A Correction To The Contract Amount From $947,581.78 To $974,511.48 With Excavation And Constructions, LLC For The 4th Street Improvements Project 3 AGENDA MAY 22, 2018 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 20199 — A Resolution Amending The 2016 Community Development Block Grant (CDBG) Program By Reallocating Funds In The Amount Of $5,000.00 From The Gift Of Life And $17,480.00 From The Program Of Health Excellence To Legacy Community Development Corporation; And An Estimated Amount Of $44,540.00 From The 4th Street Reconstruction/Survey Projects To The Infrastructure Improvement Projects In The Downtown Disaster Recovery Area (3) P.R. No. 20211 — A Resolution Awarding A Contract To Pro Demolition, LLC, Of Fresno, Texas In The Amount Of $27,000.00., And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group A), To Be Charged To Account No. 001-1052-517.59-00 (General Fund-Other Contractual Services) (4) P.R. No. 20239 — A Resolution Authorizing The Second Year, First Renewal, For The Contract Between The City Of Port Arthur And CMM Construction Co. Inc., Of Beaumont, Texas For Placement Of Hot-Mix Asphaltic Concrete For The Projected Budgetary Impact Amount Of $250,000.00. Funding Is Available In Water Utility Department Water Distribution — Streets Account No. — 410-1253- 532.36-00 And Capital Improvement Capital Projects Account No. 307-1601-591.86-00 (5) P.R. No. 20240 — A Resolution Authorizing The Execution Of A Community Development Block Grant (CDBG) Contract Between The City Of Port Arthur And Tender Loving Care Center For Children DBA Legacy Community Development Corporation In The Total Amount Of $22,480.00 For Housing Counseling Services (6) P.R. No. 20246 — A Resolution Authorizing The Purchase Of One (1) 1/2 Ton Regular Cab Long Bed Truck From Moore CDJR Of Silsbee, Texas And One (1) 3/4 Ton Truck With Service Body From Silsbee Ford Of Silsbee, Texas For The Public Works Drainage Division For Replacement Due To Hurricane Harvey, For A Total Amount Of $47,265.84. Funds Are Available In 147-2300-901.92-00 Emergency Management Fund - Equipment, Project No. 082617 4 AGENDA MAY 22, 2018 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 20247 — A Resolution Authorizing The Purchase Of Eight (8) 2018 Champion Gasoline Powered Paratransit Buses From The State Of Texas SmartBuy Contract Through Creative Bus Sales Of Irving, Texas, In The Total Amount Not To Exceed $770,620.24. Funds Are Available In Grant TX 1553-2016-1-P1. Account No. 401- 1509-561.93-00 (8) P.R. No. 20248 — A Resolution Authorizing The Purchase Of Two (2) 2018 Transit Works Diesel Powered Support Vehicles From The State Of Texas SmartBuy Contract Through Creative Bus Sales Of Irving, Texas, In The Total Amount Not To Exceed $112,793.02.00. Funds Are Available In Grant TX 1553-2016-1-P1. Account No. 401- 1509-561.93-00 (9) P.R. No. 20254 — A Resolution Authorizing The City Manager To Enter Into An Agreement With HHM & Associates, Inc., Of Austin, Texas For The Development Of Design Standards And Guidelines For The Designated Historic Sites, Districts And Zones In The City Of Port Arthur, Texas With A Projected Budgetary Impact Amount Of $30,186.39. Funding For This Agreement Will Be From The FY2017 Texas Historical Commission Certified Local Government ("CLG") Grant In The Amount Of $15,000.00, With Required City Participation Of $15,186.39 Available In Development Services/Planning Professional Services Account No. 001-1051- 517.54-00 (10) P.R. No. 20256 — A Resolution Amending The 2017 Community Development Block Grant (CDBG) Program By Reallocating Funds In The Amount Of $200,000.00 From The Housing Rehabilitation And Reconstruction Project To The Downtown Housing Program To Include On-Site And Off-Site Infrastructure, Site Clearance, And Demolition 5 AGENDA MAY 22, 2018 VI. CONSENT AGENDA — CONTINUED (11) P.R. No. 20258 — A Resolution Authorizing The City Manager To Execute An Amendment To The Three-Year Contracts With AT&T Through Texas Department Of Information Resources (TXDIR) For The Provision Of Voice, Data And Internet Communications, By Decreasing The Contract Amount By $9,326.16 To A New Total Amount Of $95,870.04 Per Year. Funding For This Service Is Available In Departmental Accounts: 001-1061-518.61-03 (Civic Center), 001-1101-521.61-03 (Police), 001-1121-522.61-03 (Fire), 001-1201-531.61-03 (Public Works Admin.), 001-1301-541.61-03 (Health), 001-1403-551.61-03 (Library), 410-1252-532.61-03 (Water Purification) (12) P.R. No. 20259 — A Resolution Authorizing The Director Of Water Utilities To Purchase Various Degreasers And Biological Aids, Delineating Procedures For The Purchase Of Such Chemicals, With A Projected Budgetary Impact Of $60,000.00 From Account No. 410-1255-532.29-02, Treatment Chemicals (13) P.R. No. 20260 — A Resolution Authorizing The City Manager To Accept The 2018 Brownfields Assessment Grant In The Amount Of $300,000.00 (14) P.R. No. 20261 — A Resolution Authorizing The City Manager To Make Application To The U.S. Department Of Housing And Urban Development For A Community Development Block Grant In The Amount Of $1,074,979.00 And A Grant In The Amount Of $260,214.00 In Home Investment Partnership (Home) Funds And Authorizing The City Manager To Execute The City Of Port Arthur's 2018 Consolidated Annual Plan. The Consolidated Plan Will Be Submitted To The U.S. Department Of Housing And Urban Development (15) P.R. No. 20263 — A Resolution Rescinding Resolution No. 18-158 In Its Entirety, Which Authorized An Amendment To Section 8 - Delinquent Tax Suits To The Contract Between The City Of Port Arthur And Jefferson County, Texas For Collections And Assessment Services 6 AGENDA MAY 22, 2018 VI. CONSENT AGENDA — CONTINUED (16) P.R. No. 20264 — A Resolution Authorizing The City Of Port Arthur Section Economic Development Corporation To Enter Into A 4 A coomic p p Contract With SpawGlass Building Services Of Beaumont, Texas For Roof Maintenance And Repair At 501 Procter Street In An Amount Not To Exceed $19,137.00 (17) P.R. No. 20265 — A Resolution Approving An Economic Development Conditional Grant Agreement Between Joe's Shopping Plaza, LLC And The City Of Port Arthur Section 4A Economic Development Corporation (18) P.R. No. 20267 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Terminate The Commercial Real Estate Listing Agreement With Hayes Real Estate For The Commercial Listing Services Of 501 Procter Street In Port Arthur Texas (19) P.R. No. 20268 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Affordable Lawn & Tractor Service Of Port Arthur, Texas For Landscaping And Irrigation Maintenance At The Spur 93 Business Park In The Amount Of $28,500.00; PAEDC Funding Account No. 120-1429- 582.59-02 (20) P.R. No. 20269 — A Resolution Authorizing The Second And Final Renewal Of The City Of Port Arthur Section 4A Economic Development Corporation Contract With Legacy Community Development Corporation ("Legacy CDC") To Manage The Affordable Housing Program At A Cost Not To Exceed $35,000.00 Per Year; PAEDC Funding Account No. 120-1429-582.54-11 (21) P.R. No. 20270 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into A Service Agreement With Kirksey's Sprint Printing Of Beaumont, Texas, For The Printing And Mail-Out Of The 7th Annual PAEDC Newsletter In An Amount Not To Exceed $12,000.00. Account No. 120-1429-582.59-06 AGENDA MAY 22, 2018 VI. CONSENT AGENDA — CONTINUED (22) P.R. No. 20271 — A Resolution Authorizing Amendment To Section 8 — Delinquent Tax Suits To The Contract Between The City Of Port Arthur And Jefferson County, Texas, For Collection And Assessment Services (23) P.R. No. 20273 — A Resolution Ratifying The Repairs To Unit Number 2136, Street Sweeper, For Public Works Department, Drainage Division From Beaumont Freightliner, Beaumont, Texas, In The Amount Of $36,036.69. Funding Available In Hurricane Harvey Account No. 147-2300-901.42-00, Project No. 082617 (24) P.R. No. 20275 - A Resolution Authorizing An Amendment To Resolution 18-156 As It Pertains To Replacing The Purchase Of The Option 10 Flatbed Truck From Silsbee Ford, Of Silsbee, Texas With An Option 8 Flatbed Truck From Mid County CDJRF Of Port Arthur, Texas, With A Projected Budgetary Price Increase Of $8,099.11. Funds Are Available In 147-2300-901.92-00 Emergency Management Fund - Equipment, Project No. 082617 (25) P.R. No. 20278 — A Resolution Authorizing The City Of Port Arthur To Accept A Payment In The Amount Of $1,913,353.00 From Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Damaged Books, Shelving, Electronics And Materials At The Port Arthur Library As A Result Of Hurricane Harvey VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20272 — A Resolution Ratifying The Repairs To Unit Number 1925, Street Sweeper, For Public Works Department, Drainage Division From Beaumont Freightliner, Beaumont, Texas, In The Amount Of $36,204.74. Funding Available In Hurricane Harvey Account No. 147-2300-901.42-00, Project No. 082617 (2) P.R. No. 20274 — A Resolution Authorizing The City Of Port Arthur To Accept A Donation In The Amount Of $250,000.00 From Valero Energy Corporation To Fund The Water Utilities Department's Pipe Bursting Crew 8 AGENDA MAY 22, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.R. No. 20279 — A Resolution Confirming The Appointment Of An Acting Police Chief B. Ordinances — Non-Consent (1) P.O. No. 6692 — An Ordinance Of The City Of Port Arthur, Texas, Adopting The Port Arthur Comprehensive Plan "Imagine Port Arthur: Your Dream, Our Future" Pursuant To Texas Local Government Code Chapter 213 And Article XI, Section 4 Of The Port Arthur City Charter As Provided Herein; Repealing All Ordinances And Resolutions Inconsistent Or In Conflict Herewith; And Providing For Severability And Publication And Effective Date Thereof (2) P.O. No. 6695 — An Ordinance Authorizing The Execution Of A Special Warranty Deed To Sidney Carl And Jean Irene Little, As It Pertains To The Property Located At 580 Pleasure Pier Boulevard; Also Known As Pleasure Island Sea Cabins (3) P.O. No. 6696 — An Ordinance Authorizing The Execution Of A Special Warranty Deed To Robert L. Bodin And Joyce A. Bodin As It Pertains To The Property Located At 1000 Southwind On Pleasure Island (4) P.O. No. 6697 — An Ordinance Approving Amendments To The Articles Of Incorporation And Bylaws Of The City Of Port Arthur Section 4A Economic Development Corporation And Appointing Directors (5) P.O. No. 6698 — An Ordinance Of The City Of Port Arthur, Texas, Amending Chapter 110 (Utilities), Article III (Sewer) , By Adding A New Division (V) Titled "Fats, Oils, And Grease Capture, Disposal And Transportation", Prohibiting The Discharge Of Contaminated Materials, Directly Or Indirectly, Into The Waters Of The United States" And Providing Penalties For The Violation Thereof; Regulating The Capture, Transport And Disposal Of Fats, Oils, And Greases, As It Pertains To Commercial And Industrial Users Of The Collection System, And Providing For Publication 9 AGENDA MAY 22, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (6) P.O. No. 6699 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Creating Planned Development District No. 37 (PD-37) On Approximately 4.658-Acres Of Land, Part Of Lots 3, 4, 5, And 6, Block 12, Range "G", Port Arthur Land Company Subdivision, Port Arthur, Jefferson County, Texas (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 [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. (Z18-02) H&P Engineering & Construction (7) P.O. No. 6700 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit No. 232 (Sup #232) For Approximately 1.873-Acres Of Land Consisting Of Tract 81, Abstract No. 123 Dennis Gahagen [A.K.A. 3931 Martin Luther King, Jr. Drive, Pleasure Island], Port Arthur, Jefferson County, Texas For The Installation And Maintenance Of Two (2) Above-Ground, 16,000-Gallon Diesel Fuel Storage Tanks In The Heavy Commercial 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 [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. (Z18- 03 - Lot, Inc.) (8) P.O. No. 6701 — An Ordinance Delineating The Number Of Authorized Police Officer Positions In The Police Department (9) P.O. No. 6702 — An Ordinance Authorizing The City Manager To Delete An Assistant City Manager Position And Add Five (5) Positions In The Water Utilities Department For A Net Increase Of Four (4) Positions, Increasing The Total Authorized Positions From 113 To 117. Funding Will Be Transferred From Water Utilities Account Nos. 410-1251-532-11-00 To Account No. 410-1255-532- 11-00 i io AGENDA MAY 22, 2018 VIII. 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 May 23, 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 ************************************************************ 11 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.