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HomeMy WebLinkAboutJULY 31, 2018 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR = HARVEY ROBINSON THOMAS J. KINLAW III,MAYOR PRO TEM Crh'��f \\ INTERIM CITY MANAGER COUNCIL MEMBERS: I/ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES u r t r!h rc r HAROLD DOUCET,SR. VAL TREND CHARLOTTE MOSES as CITY ATTORNEY KAPRINA FRANK AG EN DA City Council Regular Meeting July 31, 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 31, 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) Bill Worsham Regarding Pleasure Island Future Projects (2) Mardi Gras Southeast Texas Regarding Mardi Gras 2019 (3) Don Varing Of The Port Arthur Sertoma Organizations Regarding Mardi Gras 2019 • (4) John Beard Regarding Hurricane Harvey Recovery 1 AGENDA JULY 31, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Finance Director Andrew Vasquez Regarding The June 2018 Monthly Financial Report (2) A Presentation By Staff Regarding Drainage In The Stonegate Area (3) A Presentation By City Engineer Alberto Elefano, P.E. Regarding A Progress Report From June 19, 2018 Rain Event C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Discussion Regarding Water Bills (Requested By Councilmember Doucet) 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. AGENDA JULY 31, 2018 VI. CONSENT AGENDA — CONTINUED A. Expense Reports (Al) Mayor Derrick Freeman: Conference Held By The Texas Department Of Emergency Management San Antonio, TX May 14 — 17, 2018 $1,286.04 (A2) Mayor Derrick Freeman: Mayor's Conference Boston, MA June 7 — 12, 2018 $4,125.27 (A3) Councilmember Cal Jones: Prairie View Interscholastic League Coaches Hall Of Fame, To Present A Proclamation San Antonio, TX July 20 — 22, 2018 $931.30 B. Minutes July 17, 2018 Special Executive Meeting July 17, 2018 Regular Meeting C. Resolutions (1) P.R. No. 20313 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Laura Kay Emmert, A Medical Laboratory Technologist, To Provide Contract Services For The City's Laboratory, Account Number 001-1301-541.59-00, Other Contractual Account. Funds In The Amount Of $30,000.00 Were Budgeted In The Proposed FY 2019 Budget (2) P.R. No. 20339 — A Resolution Granting An Easement To The Texas Historical Commission Of Rose Hill Manor, Located At 100 Woodworth Boulevard, In Consideration Of Funds Made Available Through The Texas Preservation Trust Fund Grant Program AGENDA JULY 31, 2018 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 20343 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $5,859.08 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Transit Vehicle #2076 (4) P.R. No. 20344 — A Resolution Authorizing The City Manager To Execute The Supplemental Settlement Of A Claim In The Amount Of $10,233.60 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damages To Police Unit #2090 (2016 Chevrolet Tahoe) Due To Hurricane Harvey (August 30, 2017) (5) P.R. No. 20345 — A Resolution Authorizing The Contract For The Purchase Of 50% Sodium Hydroxide To Be Used At The Water Treatment Plant Of The Utilities Department From Brenntag Southwest, Inc. Of Lancaster, Texas With A Total Projected Budgetary Impact Of $94,105.00 Funds Are Available In Utilities Account No. 410-1252-532.29-02, Treatment Chemicals (6) P.R. No. 20346 — A Resolution Authorizing The City Manager To Execute An Interlocal Contract With The City Of Beaumont, Jefferson County, Hardin County, Orange County And Jasper County To Secure Grant Funding From The State Of Texas Automobile Theft Prevention Authority For Operation Of The Southeast Texas Auto Theft Task Force (7) P.R. No. 20347 — A Resolution Authorizing The City Manager, The Assistant Finance Director-Accounting, The City Secretary And The Grants Accountant To Serve As Signatories For The Texas General Land Office Supplemental Disaster Relief Fund (Ike Recovery Funds) 4 AGENDA JULY 31, 2018 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 20349 — A Resolution Authorizing The Purchase Of A 2019 Ford Transit Response Unit From Chastang Ford Of Houston, Texas Through H-GAC, Contract No. AM10-16 For The Utilities And Public Works Departments That Will Be Used As A Camera Unit For Use In The Televising Of Storm And Sanitary Sewer Lines For The Total Amount Of $38,838.00; Funds Are Available In Water Utilities Account No. 625-1801-532.92-01, Equipment (9) P.R. No. 20350 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Southeast Texas Medical Associates (SETMA) For William D. George, MD To Continue To Act As The City's Health Authority And Supervising Physician Of The Employee Health Services Clinic. A Total Of $46,100.00 Was Budgeted In The Proposed FY 2019 General Fund Professional Service Account 001-1301-541.54-00 And Employee Health Professional Service Account 001-1303- 541.54-00 (10) P.R. No. 20354 — A Resolution Authorizing The Purchase Of Storm And Sanitary Sewer Camera Equipment From Subsite Electronics Of Petaluma, California Through BuyBoard Contract #513-16 For The Utilities And Public Works Departments For Use In The Television Of Storm And Sanitary Sewer Lines For The Total Amount Of $123,784.46; Funds Are Available In Water Utilities Account No. 625-1801-532.92-01, Equipment (11) P.R. No. 20358 — A Resolution Authorizing Filing An Application With Texas Department Of Housing And Community Affairs (TDHCA) For Home Investment Partnerships Disaster Recovery Funding (12) P.R. No. 20359 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And Sprint Waste Services LP Of Port Arthur, Texas For The Purpose Of Depositing Refuse At The City's Sanitary Landfill AGENDA JULY 31, 2018 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 20361 — A Resolution Authorizing The City Manager To Execute A Letter Of Engagement With Whitley Penn, LLP, As Independent Auditor For The City Of Port Arthur With A Projected Budgetary Impact Of $108,800.00 For The Year Ending September 30, 2018. Finance Department Account #001-1031-515.54-00 — Renewal (14) P.R. No. 20362 A Resolution Authorizing The Second (Final Year) Of The Contract Between The City Of Port Arthur And DRC Emergency Services, LLC Of Galveston, Texas For Provision Of Emergency Environmental, Disaster, And Logistical Response Services In The Event Of An Emergency Or Disaster (15) P.R. No. 20364 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract For A Geophysical Pipeline Investigation Survey At The Spur 93 Business Park With Wild Associates Engineering & Environmental Consulting Of Houston, Texas, In An Amount Not To Exceed $5,100.00. EDC Account No. 120-1429-582.59-02 (16) P.R. No. 20368 — A Resolution Authorizing The City Manager To Purchase Three (3) Traffic Controller Boxes From Trafficware, Inc. For The Replacement Of Control Boxes Located On Rev. Dr. Ransom Howard (W. 7th) Street At Highway 82 (MLK); Saba Lane At Twin City Highway; And, Savannah Avenue At Gulfway Drive, Respectively. Funding Is Available In Public Works Signal Systems Account: 001-1205-531.45-00. The Budget Impact Is $32,700.00 (17) P.R. No. 20369 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And Impact Waste And Recycling, LLC, Of Beaumont, Texas For The Purpose Of Depositing Refuse At The City's Sanitary Landfill 18 P.R. No. 20373 — A Resolution AuthorizingThe CityManager To ( ) 9 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 St. Mary Park Located At 1025 5th Street With A Possible Projected Budgetary Impact Of $8,500.00 Parks Account Number 001-1207-531.39-00 6 AGENDA JULY 31, 2018 VI. CONSENT AGENDA — CONTINUED (19) P.R. No. 20374 — A Resolution Authorizing The Purchase Of A Fusion Machine From Technology International Of Lake Mary, Florida For The Utilities Department That Will Be Used In The Replacement Of Sanitary Sewer Lines In The Total Amount Of $97,680.00; Funds Are Available In Utilities Account No. 625-1801- 532.92-01, Equipment (20) P.R. No. 20375 — A Resolution Authorizing The Purchase Of Eleven (11) Vehicles For The Police Department Via The Texas GoodBuy Purchasing Cooperative Contract No. 18-18 From Silsbee Ford Of Silsbee, Texas, In The Amount Of $296,298.44; Funding Available In Police Department Motor Vehicles Account Number 625-1801- 521.93-00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19940 — A Resolution Approving A Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Program Of Health Excellence For Certified Nurses' Aide Training To Port Arthur Residents At A Cost Not To Exceed $20,000; Funds Available In EDC Account No. 120-1429-582.59-07 (2) P.R. No. 20201 — A Resolution Approving A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Johnscorp International, Inc. Regarding The Property Located At 549 4th Street For A Purchase Price Not To Exceed $80,000, Account No. 120-1429-582.82-00. Final Payment Contingent Upon The Receipt Of Grant Funds From The Economic Development Administration ("EDA") (3) P.R. No. 20342 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An On-The-Job Training Contract With KLV Ventures Inc. For Reimbursement Of 50% Of The Training Cost For Port Arthur Residents Not To Exceed $17,500.00; Funds Available In EDC Account No. 120-1429-582.59-07 AGENDA JULY 31, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.R. No. 20353 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract Between Crawley's Shoreline Construction Of Baytown, Texas And The City Of Port Arthur, Texas For The Pleasure Island Bulkhead Replacement Project, With A Projected Budgetary Impact Of $278,659.00 Base Bid And $66,096.00 Alternative Bid A for a total of $344,755.00. Funding Is Available In Account No. 450-1293-549.89-00, Marina Other Structures (Capitol Outlay) (5) P.R. No. 20357 — A Resolution Appointing And/Or Reappointing A Member or Members To The Beautification Commission (6) P.R. No. 20366 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Golf Course Committee (7) P.R. No. 20372 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Mayor Pro Tern Kinlaw) B. Ordinances — Non-Consent (1) P.O. No. 6711 — An Appropriation Ordinance Increasing The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2017 And Ending September 30, 2018 By $220,000.00 For The Pleasure Island Fund (2) P.O. No. 6712 — An Ordinance Approving The Appraisal Rolls For The Year 2018 And Receiving Determinations From The Tax Assessors Under Section 26.04 Of The Texas Property Tax Code 8 AGENDA JULY 31, 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 With the City Attorney Potential Litigation Related to Landfill Accounts (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 551.071 Government Code — To Discuss The Value Of Land Located In Downtown Port Arthur (4) Section 551.071 Government Code — To Receive Legal Advice And Consultation With The City Attorney Related To Potential Claims On Outstanding Contractual Obligations Of The City (5) Section 551.072 Government Code — To Discuss The Value Of The Land (Felix and Milton Barker Community Center) (Requested by Councilmember Jones) 9 AGENDA JULY 31, 2018 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (6) Section 551.072 Government Code — To Discuss The Value Of The Land Located At 549 4th Street 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 August 1, 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 ************************************************************ 10 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 arty 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.