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HomeMy WebLinkAbout(01) JUNE 25, 2018 REGULAR MEETING REGULAR MEETING — June 25, 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, June 25, 2018 at 11:00 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Derrick Freeman; Councilmembers Raymond Scott, Jr., Harold Doucet and Charlotte M. Moses; Interim City Manager Harvey Robinson, Assistant City Secretary Kelly Moore, City Attorney Valecia R. Tizeno, and Sergeant At Arms Acting Chief of Police John Owens. Councilmember Cal Jones joined the Regular Meeting at 11:03 a.m. Mayor Pro Tern Thomas Kinlaw and Councilmember Kaprina Frank were absent from the Regular Meeting. II. PROCLAMATIONS Proclamations - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Greg Richard Regarding Forensic Audit Update Greg Richard, 509 H.O. Mills Blvd., appeared before the City Council to discuss the above-mentioned topic. (2) Martin Flood Regarding RV Park Martin Flood, 2236 Sharon Drive, 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 RV parks. B. Presentations (1) A Presentation By Staff Regarding Update On Keep The City Clean Program Code Enforcement Supervisor Darlene Pierre gave the above-mentioned presentation. (2) A Presentation By Staff Regarding Report On June 19th Rain Event Public Works Director Armando Gutierrez and City Engineer Alberto Elefano gave the above-mentioned presentation. C. Employee Recognition - None D. Correspondence - None IV. PUBLIC HEARINGS — 6:00 PM - None V. UNFINISHED BUSINESS - None VI. CONSENT AGENDA Upon the motion of Councilmember Doucet, seconded by Councilmember Moses and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolution No. 20266: Voting Yes: Mayor Freeman; Councilmembers Scott, Jones, Doucet and Moses. Voting No: None. 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 Proposed Resolution No. 20174 was adopted becoming Resolution No. 18-242. (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 Proposed Resolution No. 20234 was adopted becoming Resolution No. 18-243. (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 Proposed Resolution No. 20236 was adopted becoming Resolution No. 18-344. (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 Proposed Resolution No. 20280 was adopted becoming Resolution No. 18-245. (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 Proposed Resolution No. 20300 was adopted becoming Resolution No. 18-246. (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 & J 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 City Council Minutes Regular Meeting —June 25, 2018 Proposed Resolution No. 20302 was adopted becoming Resolution No. 18-247. (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 Proposed Resolution No. 20304 was adopted becoming Resolution No. 18-248. (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 Proposed Resolution No. 20305 was adopted becoming Resolution No. 18-249. (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 Proposed Resolution No. 20307 was adopted becoming Resolution No. 18-250. (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 Proposed Resolution No. 20309 was adopted becoming Resolution No. 18-251. (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 Proposed Resolution No. 20311 was adopted becoming Resolution No. 18-252. (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 City Council Minutes Regular Meeting — June 25, 2018 Proposed Resolution No. 20314 was adopted becoming Resolution No. 18-253. (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 Proposed Resolution No. 20315 was adopted becoming Resolution No. 18-254. (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 Proposed Resolution No. 20316 was adopted becoming Resolution No. 18-255. (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) Proposed Resolution No. 20320 was adopted becoming Resolution No. 18-256. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Doucet and carried, Proposed Resolution No. 20266 was adopted becoming Resolution No. 18-257. Voting Yes: Mayor Freeman; Councilmembers Scott, Jones, Doucet and Moses. Voting No: None. The caption of Resolution No. 18-257 reads as follows: RESOLUTION NO. 18-257 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 City Council Minutes Regular Meeting — June 25, 2018 A. Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Doucet that Proposed Resolution No. 20310. Mr. Pat Powell appeared before the City Council to answer inquiries regarding the above-mentioned board of directors. Proposed Resolution No. 20310 was adopted becoming Resolution No. 18-258. Voting Yes: Mayor Freeman; Councilmembers Scott, Jones, Doucet and Moses. Voting No: None. The caption of Resolution No. 18-258 reads as follows: RESOLUTION NO. 18-258 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 B. Ordinances (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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Moses, seconded by Councilmember Doucet and carried, Proposed Ordinance No. 6705 was adopted becoming Ordinance No. 18-33. Voting Yes: Mayor Freeman; Councilmembers Scott, Jones, Doucet and Moses. Voting No: None. The caption of Ordinance No. 18-33 reads as follows: ORDINANCE NO. 18-33 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 City Council Minutes ; Regular Meeting —June 25, 2018 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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Moses, seconded by Councilmember Doucet and carried, Proposed Ordinance No. 6707 was adopted becoming Ordinance No. 18-34. Voting Yes: Mayor Freeman; Councilmembers Scott, Jones, Doucet and Moses. Voting No: None. The caption of Ordinance No. 18-34 reads as follows: ORDINANCE NO. 18-34 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 IX. * CLOSED MEETING (EXECUTIVE SESSION) 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 City Council Minutes r, Regular Meeting —June 25, 2018 (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) (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 City Council recessed their meeting at 12:13 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 1:13 p.m. with the following members present: Mayor Freeman; Councilmembers Scott, Jones, Doucet and Moses; Interim City Manager Robinson; Assistant City Secretary Moore; City Attorney Tizeno and Sergeant At Arms Acting Chief John Owens. Motion In Open Session Councilmember Moses read the following motion into the record: A MOTION TO AUTHORIZE THE MEDIATED SETTLEMENT AGREEMENT IN THE MATTER OF WHITE V. CITY OF PORT ARTHUR AND TO RATIFY THE MANAGER'S SETTLEMENT RELEASE MADE BASED UPON PUBLIC HEALTH AND SAFETY CONCERNS Upon the motion of Councilmember Moses, seconded by Councilmember Jones and carried, the above-mentioned motion was adopted. Voting Yes: Mayor Freeman; Councilmembers Scott, Jones, Doucet and Moses. Voting No: None. VIII. WORKSHOP A Workshop Regarding The Forensic Audit (Requested By Councilmember Doucet) Discussion was held regarding the above-mentioned forensic audit. Mayor Freeman left the Regular Meeting at 1:50 p.m. and returned at 1:57 p.m. Councilmember Jones left the Regular Meeting at 1:50 p.m. and returned at 2:02 p.m. Councilmember Moses left the Regular Meeting at 2:10 p.m. IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Doucet, seconded by Councilmember Jones and carried unanimously, the City Council adjourned their meeting 2:12 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. City Council Minutes 7 Regular Meeting —June 25, 2018 MAYOR DERRICK FREEMAN ATTEST: ASSISTANT CITY SECRETARY KELLY MOORE END OF REGULAR MEETING HELD lune 25, 2018. APPROVED . City Council Minutes 8 Regular Meeting —June 25, 2018