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HomeMy WebLinkAboutJUNE 25, 2018 REGULAR MEETING 11:00 AM DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEM City of INTERIM CITY MANAGER COUNCIL MEMBERS: del SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. � CITY SECRETARY CAL J.JONES ort r t h u r HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES Tem CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting June 25, 2018 11 :00 a .m . Postponed From June 19, 2018 And Includes Additional Agenda Items 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 25, 2018 11:00 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL i h 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 Interim Police Chief Owens Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Greg Richard Regarding Forensic Audit Update (2) Martin Flood Regarding RV Park B. Presentations (1) A Presentation By Staff Regarding Update On Keep The City Clean Program (2) A Presentation By Staff Regarding Report On June 19th Rain Event C. Employee Recognition — None 1 AGENDA JUNE 25, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Expense Reports — None B. Minutes June 5, 2018 Regular Meeting C. Resolutions — Consent (1) P.R. No. 20174 — A Resolution Authorizing The Purchase Of A One Ton Pickup Truck From Silsbee Ford Of Silsbee, Texas Through The GoodBuy Purchasing Program For The Development Services Department, Equipment Services Division For A Total Amount Of $42,134.60, Funding Available In Equipment Replacement Fund Account No. 625-1801-531.92-01 (2) P.R. No. 20234 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1125 5th Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program r" AGENDA JUNE 25, 2018 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 20236 — A Resolution Authorizing The City To Advertise For Bids For The Sale Of Two Grapple Trash Trucks With The Total Cost Of $399,674.00 (4) P.R. No. 20266 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Utilize Pre- Employment Workforce Training Funds To Implement A 2018 Summer Youth Employment Program In An Amount Not To Exceed $38,400.00; Funds Available In EDC Account No. 120-1429-582.59- 07 (5) P.R. No. 20280 — A Resolution Approving The FY 2018-2019 Contract Between The City Of Port Arthur And The Department Of State Health Services, Immunization Branch-Locals In The Amount Of $162,300.00. No Cash Match Is Required (6) P.R. No. 20300 — A Resolution Authorizing The City Manager To Execute A Contract Between Texas Municipal League Intergovernmental Risk Pool For Disaster Recovery Services In The Estimated Amount Of $750,000.00 Provided By SynergyNDS During Hurricane Harvey (7) P.R. No. 20302 — A Resolution Authorizing Ratification Of The Emergency Repairs To Unit Number 2135, Gradall, For Public Works Department, Drainage Division Form A & 3 Engine Of Groves, Texas, In The Total Amount Of $42,782.54. Funding Available In Hurricane Harvey Account No. 147-2300-901.42-00, Project No. 082617 (8) P.R. No. 20304 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1135 5th Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program 3 AGENDA JUNE 25, 2018 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 20305 — A Resolution To Amend The 2016 Community Development Block Grant (CDBG) Program That Reallocates Funds In The Amount Of $5,000.00 From The Expired Gift Of Life Contract And $17,480.00 From The Expired Program Of Health Excellence Contract To The 2017 Gift Of Life Community Development Block Grant Contract That Increases The Contract To $10,000.00 Account Number 105-1431-552.59-00 Project Number C43102; And The 2017 Program Of Health Community Development Block Grant Contract In The Amount Of $17,480.00, Account Number 105- 1431-552.59-00 Project Number C43126 (10) P.R. No. 20307 — 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 & B Commercial Drivers In An Amount Not To Exceed $60,000.00; Funds Available In EDC Account No. 120-1429-582.59-07 (11) P.R. No. 20309 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Engage The Services Of Baer Engineering And Environmental Consulting, Inc., To Conduct Phase I & II Environmental Assessments Of The Former Port Arthur News Building Located At 549 4TM Street In An Amount Not To Exceed $21,800.00; Funds Available In EDC Account No. 120-1429-582.53-00 (12) P.R. No. 20311 — A Resolution Authorizing The City Manager To Purchase Used Pipebursting Equipment For The Utilities Department From Brystar Construction, Inc., Of Beaumont, Texas, With The Projected Budgetary Impact Of $280,000.00; Funds Are Available In Water Utilities Account No. 410-1255-532.92-00, Equipment 4 AGENDA JUNE 25, 2018 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 20314 — A Resolution Authorizing The City Manager To Enter Into A Contract With SpawGlass Construction Corp. Of Beaumont, Texas, Through BuyBoard Cooperative Contract No. 520-16 EZ1QC For The Renovation Of The Operation Center, In The Amount Of $200,301.00 Funding From Proceeds Received From Insurance In Account No. 147-2300-901.32-00, Project No. 082617 - Emergency Management Fund (14) P.R. No. 20315 — A Resolution Authorizing The City Manager To Enter Into A Contract With SETEX Construction Corp. Of Beaumont, Texas, Through BuyBoard Cooperative Contract No. 520-16 (CORE) For The Renovation Of The Equipment Services Building, In The Amount Of $96,067.11; Funding From Proceeds Received From Insurance In Account No. 147-2300-901.32-00, Project No. 082617 - Emergency Management Fund (15) P.R. No. 20316 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Submit A Response To The Texas General Land Office's Request For Proposals For Implementation Of An Economic Revitalization Program Under The Community Development Block Grant - Disaster Recovery Programs (16) P.R. No. 20320 — A Resolution Authorizing The City Manager To Submit A Letter Of Intent To Be Considered For A Grant With KaBOOM! For A Build It With KaBOOM! Playground Grant For Playground Equipment On Barbara Jacket Park (No Matching Funds Are Required) VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20310 — A Resolution Nominating A Member To The Board Of Directors Of The Orange County Appraisal District For The Remaining Portion Of The 2017-2018 Term, Due To A Vacancy 5 AGENDA JUNE 25, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 6705 — An Ordinance Amending Ordinance No. 16-53 As It Pertains To Article 42 (Inclement Weather) Of The Collective Bargaining Agreement Between The City Of Port Arthur And The Port Arthur Police Association (2) P.O. No. 6707 — An Ordinance Of The City Of Port Arthur, Texas Authorizing The Suspension Of The Effective Date For An Additional Ninety (90) Days Beyond The June 19, 2018, Effective Date Proposed By Entergy Texas, Inc., In Connection With Its Rate Increase Application Entitled "Application Of Entergy Texas, Inc. For Authority To Change Rates", Filed On May 15, 2018; Authorizing Participation With The Entergy Texas, Inc. Service Area Cities Steering Committee Hiring Of Experts; Authorizing The City's Participation To The Full Extent Permitted By Law At The Public Utility Commission Of Texas, Requiring Reimbursement Of Municipal Rate Case Expenses; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date VIII. WORKSHOP A Workshop Regarding The Forensic Audit (Requested By Councilmember Doucet) 6 AGENDA JUNE 25, 2018 IX. *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 With The City Attorney A Claim Regarding White v. City of Port Arthur (2) 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 (3) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The Interim City Manager (4) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Tri- con, Inc.) (5) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Standard Alloys Engineered Services) AGENDA JUNE 25, 2018 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (6) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (New Town Spirits) (7) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Echo Group) (8) Section 551.087 Government Code — To Discuss Economic Development Incentives In The Industrial District/ETJ *The Items In Executive Session May Be Discussed And Acted On In Open Session X. 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 June 26, 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 ************************************************************ 8 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.