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Home My WebLink AboutJULY 3, 2018 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON J IIOMAS J.KINLAW III. MAYOR PRO TEM City of INTERIM CITY MANAGER \.. I COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES %%VTtjar HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES T CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting July 3, 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 July 3, 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 Rawetts Baaheth Regarding The Year One (1) — Streets Rehabilitation Program (2) A Presentation By Mayor Freeman Regarding Youth Sports Tourism C. Employee Recognition — None D. Correspondence — None AGENDA JULY 3, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 (Al) Councilmember Charlotte Moses: Women In Government Summer Conference Atlanta, Georgia May 29 — June 1, 2018 $2,243.45 (A2) City Attorney Val Tizeno: The Texas City Attorney Association's Summer Conference Cedar Creek, Texas June 13 — 15, 2018 $1,643.72 B. Minutes June 25, 2018 Regular Meeting AGENDA JULY 3, 2018 VI. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 20287 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $10,108.61 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) (2011 Diamondback 18' Airboat) (2) P.R. No. 20308 — A Resolution Authorizing The City Manager To Execute A New Contract With Greyhound Bus Lines, Inc., Of Dallas, Texas, For Port Arthur Transit To Serve As Greyhound's Local Bus Terminal And Ticket Agent (3) P.R. No. 20312 — A Resolution Authorizing The City Manager To Execute An Annual Contract Between The City Of Port Arthur And Greenscapes Six, LLC, Of Baytown, Texas, For The Installation Of Sidewalks In Various Locations Throughout The City With A Projected Budgetary Impact Of $90,115 For Public Works, A Not To Exceed Amount Of $174,460.25 For EDC, And $50,000 For Parks. Funding Is Available In The Following Accounts: Account No. 001- 1203-531.87-00, Public Works Streets - ADA Sidewalk; Account No. 120-1429-582.59-05, Project #EDCSWD, EDC - Other Contractual Services - 4B Development, And Account No. 001-1207-531.39-00, Parks Maintenance - Other Maintenance (4) P.R. No. 20317 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Hampshire Roofing Co., LLC Of Lumberton, Texas, For Plaster Work, Painting Of Window Panes & Sashes, Some Exterior Painting, And Work On Chimneys, Which Includes Flashing And Caps, At Rose Hill Manor In The Amount Of $57,000.00; Funding Available From Hotel Occupancy Tax Account No. 140-1405-551.59-00, Project No. M97908 (5) P.R. No. 20319 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $6,870.78 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Code Enforcement Unit #1987 AGENDA JULY 3, 2018 I VI. CONSENT AGENDA — CONTINUED , (6) P.R. No. 20321 — A Resolution Authorizing A Non-Exclusive Contract 1 With Econo Lodge Inn & Suites As To Provide Services, Supplies, Accommodations, Or Conference Rooms In The Case Of An Emergency Or Disaster With The Term Of The Agreement From July 24, 2018 To July 23, 2020 (7) P.R. No. 20322 — A Resolution Authorizing The City Manager To Execute Amendment No. 5 To The Neighborhood Stabilization Program 1 Program Income, ("NSP1-P1") Reservation System , Participation Agreement No. 77090003154 To Provide For The i Continuation Of Reimbursements Of Eligible Expenses Under The Existing Neighborhood Stabilization Program 1 Contract Number 77090000154 (8) P.R. No. 20324 — A Resolution Authorizing Repairs To Raw Water Transfer Pump #101 At The Water Purification Plant By Cayson Pump Services, LLC Of Deer Park, Texas, With A Projected Budgetary Impact Of $26,505.25; Funding Is Available In Utilities Account No. 410-1252-532.42-00, Equipment Maintenance (9) P.R. No. 20326 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Oldcastle Materials Texas, Inc., Of Beaumont, Texas For The West 8th Street Roadway Pavement Rehabilitation Project, With A Projected Budgetary Impact Of $1,248,949.00, Funding Available In GLO Round 2.2 Program, Project No. I22W8, Account No. 145-1201-532.59-00, $531,215.00 And Project No. I22W8, Capital Improvements Account 307-1601-591.86.00, $717,734.00 (10) P.R. No. 20327 — A Resolution Authorizing The Execution Of An Interlocal Agreement Between The Port Of Port Arthur And The City Of Port Arthur For Street Projects That Will Enhance The Connectivity To The Port Of Port Arthur, With A Projected Budgetary Impact Not To Exceed $220,785.00. Funding Is Available In The Capital Improvements Account For Streets 307- 1601-591.86.00 4 AGENDA JULY 3, 2018 VI. CONSENT AGENDA — CONTINUED (11) P.R. No. 20330 — A Resolution Authorizing The Purchase Of HDPE Pipe For The Utilities Department From Core & Main Of Beaumont, Texas For The Total Amount Of $41,250.00; Funds Are Available In Water Utilities Account No. 410-1255-532.83-00, Sewer System VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent — None B. Ordinances — Non-Consent (1) P.O. No. 6663 — An Ordinance Amending Chapter 78 (Personnel), Article II (Personnel Policy), Division 1, Section 78-53 (Reporting For Duty In Inclement Weather) Of The Code Of Ordinances Of The City Of Port Arthur (2) P.O. No. 6708 — An Ordinance Of The City Of Port Arthur, Texas, Setting The Just And Reasonable Rates For The Cost Of Service Adjustment Clause To Be Charged By Texas Gas Service Company, A Division Of One Gas, Inc., For Gas Service Customers In The City Of Port Arthur, Texas; Requiring Reimbursement Of Rate Case Expenses; Finding That The Meeting Complies With The Open Meetings Act; And Declaring An Effective Date For This Ordinance (3) P.O. No. 6709 — An Ordinance Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $3,913.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Police Vehicle #1753 (2009 Ford Crown Victoria) (4) P.O. No. 6710 — An Ordinance Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $9,930.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Cecil Reynolds Park Storage Building (4100 36th Street) 5 AGENDA JULY 3, 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 551.071 Government Code — To Receive Legal Advice And Consultation With The City Regarding Legal Action Asserted By The City As It Pertains To Housing Issues And Real Property Foreclosures (3) Section 551.072 Government Code — To Discuss The Value Of The Land Located At 3501 Cultural Drive Also Known As The Texas Artist Museum (TAMS) (4) Section 551.072 Government Code — To Discuss The Value Of The Land Located In The City's Extraterritorial Jurisdiction (ETJ) (5) Section 551.072 Government Code — To Discuss The Value Of The Land Located At 549 4th Street 6 AGENDA JULY 3, 2018 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (6) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The Interim City Manager (7) Section 551.087 Government Code — To Discuss Economic Development Incentives In The Industrial District/ETJ IX. 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 July 5, 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 ************************************************************ 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.