HomeMy WebLinkAboutJUNE 5, 2018 REGULAR MEETING 8:30 AM •
DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON
THOMAS J. KINLAW III, MAYOR PRO TE\I City of INTERIM CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. Y CITY SECRET. RY
CAL J.JONES ort r t lr « r
HAROLD DOUCET,SR. Texas VAL TIZENO
CHARLOTTE MOSES CITY ATTORNEY
KAPRINA FRANK
AG E N DA
City Council
Regular Meeting
June 5, 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
June 5, 2018
8:30 A.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:
Interim Police Chief Owens
Or Designee
II. PROCLAMATIONS
Proclamations
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Greg Richard Regarding Forensic Audit Status
B. Presentations
(1) A Presentation By Christopher Breaux, Partner With Independent
Audit Firm, Whitley Penn, Regarding The 2017 Comprehensive
Annual Financial Report
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AGENDA
JUNE 5, 2018
III. PETITIONS & COMMUNICATIONS — CONTINUED
(2) A Presentation By Robert Havens Regarding Emergency
Management Training
(3) A Presentation By Staff To Update The Status Of Equipment
Damage From Hurricane Harvey
C. Employee Recognition — None
D. Correspondence — None
E. Discussion — 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Withdrawn For Individual Consideration In Its Normal Sequence After The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.
A. Expense Reports — None
B. Minutes
May 22, 2018 Special Executive Meeting
May 22, 2018 Regular Meeting
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AGENDA
JUNE 5, 2018
VI. CONSENT AGENDA — CONTINUED
C. Resolutions
(1) P.R. No. 20262 — A Resolution Authorizing The City Manager To
Purchase The Library Furniture/Shelving For The Library From
Educator's Depot Of Sugar Land, Texas, Through The Texas
Buyboard Cooperating Purchasing Contract No. 503-16, With The
Projected Budgetary Impact Amount Of $649,973.48. Funds Are
Available In Hurricane Harvey Account No. 147-2300-901.91-00,
Project No. 082617
(2) P.R. No. 20276 — A Resolution Authorizing The Repairs To Unit No.
1628, D7R Caterpillar Dozer, For The Public Works Department
Landfill Division From Mustang CAT Of Beaumont, Texas, In An
Estimated Amount Of $28,213.25. Funds Are Available In The
Public Works Department Landfill Division — Vehicle Maintenance
Account No. 403-1274-533.43-00
(3) P.R. No. 20281 — A Resolution Authorizing The Ratification Of The
Emergency Repairs To The Sewer Main Located On Jimmy Johnson
Boulevard For The Utilities Operations Department By Allco, LLC Of
Beaumont, Texas, With A Budgetary Impact Of $51,066.08,
Account No. 410-1255-532.33-00, Sewer System Maintenance
(4) P.R. No. 20282 — A Resolution Authorizing The Ratification Of The
Emergency Repairs To The Main Line Lift Station Force Main For
The Utilities Operations Department By Allco, LLC Of Beaumont
Texas, With A Projected Budgetary Impact Of $37,363.07, Account
No. 410-1255-532.33-00, Sewer System Maintenance
(5) P.R. No. 20284 — A Resolution Authorizing The City Manager To
Execute Settlement Of A Physical Damage Claim In The Amount Of
$7,013.69 Made Against Texas Municipal League Intergovernmental
Risk Pool (TMLIRP) As A Result Of Property Damage To Police
Vehicle #2071
AGENDA
JUNE 5, 2018
VI. CONSENT AGENDA — CONTINUED
(6) P.R. No. 20285 — A Resolution Authorizing The City Manager To
Execute A Consulting Contract With RWL Group For Consulting
Services Regarding Property Insurance Claims Arising Out Of
Hurricane Harvey With A Projected Budgetary Impact Amount Of
$15,400.00 Funds Are Available In Account No. 147-2300-901.54-
00
(7) P.R. No. 20286 — A Resolution Rescinding Resolution Number 18-
196 In Its Entirety, Which Authorized 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
(8) P.R. No. 20288 — A Resolution Awarding A Contract To Inland
Environments, LTD, Kingwood, Texas, In The Amount Of
$102,940.00 And Authorizing The Execution Of A Contract For
Asbestos/Lead Abatement And Demolition Of Eleven (11)
Dangerous Commercial Property Located Throughout The City,
$84,360.00 To Be Charged To Account No. 001-1052-517.59-00,
Development Services/Other Contractual Service; And $18,850.00
To Be Charged To 001-1053-517.59-00 Development
Services/Other Contractual Services
(9) P.R. No. 20289 — A Resolution Accepting Ingress/Egress Easements
From The Port Of Port Arthur Navigation District Of Jefferson
County, Texas, For The Construction, Installation, Laying, And
Maintaining Of Utilities On Their Property Located At Houston
Avenue, Port Arthur, Texas
(10) P.R. No. 20290 — A Resolution Accepting A Utility Easement From
The Port Of Port Arthur Navigation District Of Jefferson County,
Texas, For The Construction, Installation, Laying, And Maintaining
Of Utilities On Their Property Located At Houston Avenue, Port
Arthur, Texas
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AGENDA
JUNE 5, 2018
VI. CONSENT AGENDA — CONTINUED
(11) P.R. No. 20291 — A Resolution Authorizing The Execution Of An
Interlocal Agreement Between The City Of Port Arthur And
Southeast Texas Workforce Development, For Assistance With The
Clean-Up Process As A Result Of Hurricane Harvey
(12) P.R. No. 20292 — A Resolution Authorizing The City Manger To
Adopt The 2018 Disaster Recovery And Resiliency Plan Prepared By
J-Quad Planning Group Of Addison, Texas
(13) P.R. No. 20293 — A Resolution Awarding The Mold Remediation Of
Water Service Center To Action Restoration Of Port Arthur Through
Tips/Taps Cooperative Contract With The Projected Budgetary
Impact Amount Of $53,050.50. Funding From Proceeds Received
From Insurance (Account No. 147-2300-901.32-00 Project No.
082617) Emergency Management Fund
(14) P.R. No. 20294 — A Resolution Awarding A Contract For Mold
Remediation Of The Operation Center To Action Restoration, Inc.,
Of Port Arthur Through Tips/Taps Cooperative Contract With The
Projected Budgetary Impact Amount Of $101,67350. Funding Is
Available In Account No. 147-2300-901.32-00 Project No. 082617
(Emergency Management Fund)
(15) P.R. No. 20295 — A Resolution Awarding A Contract For The
Renovation Of The Water Service Center To SpawGlass
Construction Corp Of Beaumont, Texas Through BuyBoard
Cooperative Contract #520-16 EZ1QC With A Projected Budgetary
Impact Of $236,794.95. Funding Is Available In Emergency
Management Fund (Account No. 147-2300-9010.32-00, Project
#082617)
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AGENDA
JUNE 5, 2018
VI. CONSENT AGENDA — CONTINUED
(16) P.R. No. 20296 — A Resolution Authorizing The City Manager To
Execute An Agreement With J-Quad Planning Group Of Addison,
Texas For The Development Of A 5-Year Consolidated Plan
Including Analysis Of Impediments Of Fair Housing - Assessment Of
Fair Housing, Market Study, And Site And Neighborhood Standards
With A Projected Budgetary Impact Of $55,520.00; Funding Is
Available In Community Development Block Grant Account No. 105-
1431-552.54-00 Project No. C43122 And Account No. 001-1053-
517.54-00
(17) P.R. No. 20297 — A Resolution Authorizing The Execution Of An
Interlocal Cooperation Agreement Between The City Of Port Arthur
And Walker County, Texas In The City Of Huntsville For Short-Term
Shelter During An Emergency Evacuation
(18) P.R. No. 20298 — A Resolution Authorizing The Adoption Of The
City Of Port Arthur Downtown Target Area Housing Plan Prepared
By J-Quad Planning Group Of Addison, Texas
(19) P.R. No. 20301 — A Resolution Authorizing The City Of Port Arthur
To Accept A Payment In The Amount Of $642,304.00 From Texas
Municipal League Intergovernmental Risk Pool (TMLIRP) As A
Result Of The Damages To The Roof, Auditorium Seating And
Kitchen Equipment Items At The Bob Bowers Civic Center As A
Result Of Hurricane Harvey
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 20124 — A Resolution Authorizing Acceptance Of The
Engineer's Certificate Of Completion, Contractor's Certificate And
Release, Contractor's Certificate Of Guarantee, For Improvements
Of The Phase I Surface Water Treatment Plant And Authorizing The
City Manager To Execute The Certificate Of Acceptance And
Approval Of Final Payment In The Amount Of $316,792.47 From
Account No. 429-1258-532.59-00, Project WSI-008
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AGENDA
JUNE 5, 2018
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(2) P.R. No. 20189 — A Resolution Authorizing The City Manager To
Execute Change Order No. 4, To The Contract Between The City Of
Port Arthur And Allco, LLC Of Beaumont, Texas, For The Project 4,
Phase I Surface Water Treatment Plant Improvements, Which
Decreased The Contract Amount By $153,571.00 To A Total Of
$12,671,698.64 And Increased The Contract Time By 519 Days To
A New Completion Dated November 30, 2017. Account No. 429-
1258-532.59-00, Project No. WSI008
(3) P.R. No. 20283 — A Resolution Authorizing The Mayor Of The City
Of Port Arthur To Execute A Memorandum Of Understanding With
Motiva Enterprises, LLC To Accept A Donation Totaling $1.15 Million
To Be Used To Purchase Equipment For Drainage And Water
Utilities Hurricane Recovery And Mitigation Activities
B. Ordinances — Non-Consent
(1) P.O. No. 6672 — An Ordinance Of The City Of Port Arthur, Texas,
Closing, Vacating, Abandoning And Conveying Portions Of The
Houston Avenue, Lakeshore Drive, Railroad Avenue, And Fourth
Street Within The City Of Port Arthur; Authorizing The City Manager
To Execute A Deed Without Warranty; Providing That This
Ordinance Shall Be Cumulative; Repealing All Ordinances To The
Extent They Are In Conflict; Providing For Severability; And
Providing Findings Of Fact. A16-03 (Port Of Port Arthur)
(2) P.O. No. 6703 — An Ordinance Of The City Of Port Arthur, Texas,
Adopting An Updated Official Map For The City Due To The Recent
Disannexation Of Sempra Energy's Property; Providing For
Maintenance And Filing Of The Official Map; And Providing For
Related Matters
(3) P.O. No. 6704 — An Ordinance Authorizing The Retirement Of Police
Canine "Koi" And Transferring The Ownership Of The Canine To
The Personal Care Of Detective Ryan Kidwell
AGENDA
JUNE 5, 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 — To Discuss And Receive Legal
Advice From The City Attorney/Legal Counsel Regarding A Pending
Claim/Potential Litigation (ALLCO, LLC.)
(2) Section 551.072 Government Code — To Discuss The Value Of The
Land In The City's Extraterritorial Jurisdiction (ETJ)
(3) Section 551.072 Government Code — To Discuss The Value Of The
Land Located At 549 4th Street
(4) Section 551.072 Government Code — To Discuss The Value Of Land
Located Near Rev. Dr. Ransom Howard Street And Grannis Avenue
(5) Section 551.072 Government Code — To Discuss The Value Of Real
Property Damaged By Hurricane Harvey
(6) Section 551.087 Government Code — To Discuss And Conduct
Deliberations Regarding Economic Development Incentive Projects
In The Downtown Port Arthur Area
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AGENDA
JUNE 5, 2018
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 June 6, 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 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.