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HomeMy WebLinkAboutAUGUST 14, 2018 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEM City of INTERIM CITY MANAGER COUNCIL MEMBERS: I/ SHERRI BELLARD,TRMC RAYMOND SCOTT..JR. CITY SECRETARY CAL J.JONES Ort rthur HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRIN.A FRANK AG E N DA City Council Regular Meeting August 14, 2018 5 :30 p. 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 August 14, 2018 5:30 P.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 Interim Police Chief Owens Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Igalious "Ike" Mills, Chairman Of The NAACP Community Development Committee Regarding Economic Development / Redevelopment And Human Development In Port Arthur (2) Laurie Robinson, Founder And Board Member Of Disaster & Humanitarian Services Regarding Appreciation For The Partnership With The City In The Disaster Relief Efforts B. Presentations (1) A Presentation By Staff Regarding Clear The Shelter Adoption Event 1 AGENDA AUGUST 14, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (2) A Presentations By La Ley 87.7 FM And Omega TV Regarding The Upcoming Taco Festival 2018 In Downtown Port Arthur Sunday, August 26, 2018 (3) A Presentation From James Gilleylan, JQuad Planning Group, Regarding A City Of Port Arthur Disaster Recovery Development Center And Options For A Voluntary Property Buyout Program (4) A Presentations By Public Works Engineering And Engineering Consultants, To Present Findings In The Year One Streets Program: Arceneaux, Wilson & Cole LLC Regarding 15th Street, 60th Street And Willow Avenue Actions Civil Engineers Regarding Nashville, Sunken Court Phase One And Phase Two Soutex Regarding 8th Avenue And Carolina (5) A Presentation By Staff On The Proposed Budget Fiscal Year 2018- 2019 C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. None V. UNFINISHED BUSINESS (1) P.R. No. 20366 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Golf Course Committee AGENDA AUGUST 14, 2018 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 — None C. Resolutions — Consent (1) P.R. No. 20329 — A Resolution Authorizing The City Manager To Purchase A Storage Area Network From CDW Government Through The Texas Cooperative Purchasing Network (TCPN) State Contract For The Police Department For The Total Amount Of $35,302.55. Capital Projects/Equipment Account No. 307-1601-591.92-00 Project #IT1002 (2) P.R. No. 20348 — A Resolution Ratifying Payments To Kinloch Equipment & Supply, Inc. Of Pasadena, Texas For The Rental Of A Street Sweeper In The Amount Of $21,750.00 And Authorizing The City Manager To Enter Into A Rental Agreement With Kinloch Equipment & Supply, Inc. Of Pasadena, Texas For Two (2) Additional Months In The Amount Of $14,500.00. Funding Is Available In Account No. 147-2300-901-51.00, Project No. 082617, Emergency Management Fund, Rent (3) P.R. No. 20351 — A Resolution Authorizing The City Manager To Execute An Amendment To The Professional Service Contract Between The City Of Port Arthur And SCS Engineers Of Bedford, Texas For The Relocation Of The Gate House And Scales At The City's Landfill; Funds Are Available In The Capital Equipment Replacement Solid Waste Equipment Account No. 625-1801- 533.92-00 AGENDA AUGUST 14, 2018 VI. CONSENT AGENDA — CONTINUED (4) P.R. No. 20355 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Dr. Hani Tohme, P.E., As Interim Director Of Utilities To Provide Temporary Contract Services For The City's Utilities Department For Six (6) Additional Months At A Rate Of $2,500.00/Week. Funding Available In Utilities' Administration Account No. 410-1251-532.59-00, Contract Services (5) P.R. No. 20356 — A Resolution Authorizing The City Manager To Execute A Letter Agreement With Bracewell, LLP, Attorneys At Law, To Serve As Bond Counsel For The City Of Port Arthur (6) P.R. No. 20367 — A Resolution Authorizing A Non-Exclusive Agreement With Cotton Commercial USA, Inc. Of Katy, Texas, For The Provision Of Emergency Food Services In The Event Of An Emergency Or Disaster (7) P.R. No. 20370 — A Resolution Authorizing A Non-Exclusive Agreement With Witt O'Brien's, LLC Of Houston, Texas, For Debris Monitoring Services In The Event Of An Emergency Or Disaster (8) P.R. No. 20371 — A Resolution Authorizing A Non-Exclusive Agreement With Crowder Gulf Of Theodore, Alabama For Debris Removal & Emergency Services For The City Of Port Arthur In The Event Of An Emergency Or Disaster (9) P.R. No. 20376 — A Resolution Authorizing The City Manager To Enter Into An Agreement With The State Of Texas Pursuant To The 2019 Selective Traffic Enforcement Program (S.T.E.P.) Grant In The Amount Of $37,983.94 With An In-Kind Match Amount Of $11,661.07 (10) P.R. No. 20377 — A Resolution Authorizing The Purchase Of Replacement In-Car Video System Components From Utility Associates, Inc., For Marked Police Vehicles In The Amount Of $37,148.00; Funding Available In Account Number 147-2300- 901.25-00, Project No. 082617 4 AGENDA AUGUST 14, 2018 VI. CONSENT AGENDA — CONTINUED (11) P.R. No. 20378 — A Resolution Authorizing The City Manager To Make A Payment To Texas Commission On Environmental Quality (TCEQ) For The Third Quarter Fee For Landfill Disposal With A Not To Exceed Amount Of $35,417.28. Funding Is Available In Account No. 403-1274-533.59-01, Public Works Department Landfill Division — Regulatory Fees/Fines (12) P.R. No. 20379 — A Resolution Authorizing The City Manager To Reject All Bids For The Purchase Of A Fusion Machine, Bid #P18- 085, For The Utilities Department, And Authorization To Rebid (13) P.R. No. 20380 — A Resolution Authorizing The City Manager To Reject All Bids For Resilient Seat Valves, Bid #18-059, For The Utilities Department, And Authorization To Rebid (14) P.R. No. 20382 — A Resolution Authorizing Supplemental Repairs Related To The Renovation Of The Water Service Center By SpawGlass Construction Corp Of Beaumont, Texas Through BuyBoard Cooperative Contract No. 520-16 EZ1QC, In The Amount Of $55,362.11. Funding From Proceeds Received Form Insurance (Account No. 147-2300-901.32-00, Project #82617) Emergency Management Fund (15) P.R. No. 20383 — A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement With The Port Arthur Independent School District (PAISD) For The School Crossing Guard Program, With A Projected Annual Budgetary Impact Of $50,000.00; Funding Available In Police Department's Professional Services Account No. 001-1101-521.54-00 (16) P.R. No. 20384 — A Resolution Authorizing The Reconditioning Of A Caterpillar 826H Compactor (Equipment No. 1636) For The Landfill With Mustang CAT Of Beaumont, Texas In The Amount Of $450,151.48; Funding From Public Works Landfill Equipment Account No. 403-1274.92-00 (17) P.R. No. 20385 — A Resolution Authorizing A Contract With Jesse Branick As The City Prosecutor; Funding Available In Account No. 001-1021-514.54-02 5 AGENDA AUGUST 14, 2018 VI. CONSENT AGENDA — CONTINUED i (18) P.R. No. 20386 — A Resolution Authorizing The Purchase Of Three Thousand 96 Gallon Automated Refuse Carts With IPL Inc. Of Forsyth, Georgia In The Amount Of $146,400.00 For The Solid Waste Residential Division; Funding Form (Account No. 147-2300- 901.25-00, Project #082617) Emergency Management Fund (19) P.R. No. 20387 — A Resolution Designating And Establishing The Taco Festival Entertainment Area For 2018, Designation Omega TV And Radio, LLC As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Omega TV And Radio, LLC 1 (20) P.R. No. 20388 — A Resolution Authorizing The City Manager To Execute Change Order No. 01 To The Contract Between The City Of Port Arthur And Oldcastle Materials Texas, Inc. Of Beaumont, Texas For The West 8th Street Roadway Pavement Rehabilitation Project, Removing The Contingency Bid Item And Reducing The Contract Amount By $50,000.00 To A New Contract Amount Of $1,198,949.00, Funding Is Available In GLO Round 2.2 Program, Project No. 122W8, Account No. 145-1201-532.59-00, $531,215.00 And Project No. I22W8, Capital Improvements Account 307-1601- 591.86.00, $667,734.00 (21) P.R. No. 20391 — A Resolution Authorizing The City Manager To Request A Loan Under The Community Disaster Loan Program Of The Federal Emergency Management Agency (FEMA) For A Maximum Amount Of $5,000.000.00 To Receive And Manage These Funds And For Other Purposes (22) P.R. No. 20392 — A Resolution Authorizing The Purchase Of A Tractor With A Front End Loader From Beaumont Tractor Co. Of Beaumont, Texas, For The Parks And Recreation Department Through Texas BuyBoard Cooperative Purchasing In The Amount Of $32,928.88; Funding Available In Parks And Recreation Department Account No. 625-1801-531.93-07 .mommmmmnml 6 AGENDA AUGUST 14, 2018 VI. CONSENT AGENDA — CONTINUED (23) P.R. No. 20399 — A Resolution Accepting The Preliminary Engineering Report For 15th Street From Vera Drive To Main Avenue By Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas With No Projected Budgetary Impact G (24) P.R. No. 20400 — A Resolution Accepting The Preliminary Engineering Report For 60th Street From West Port Arthur Road To Canal Street By Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas With No Projected Budgetary Impact (25) P.R. No. 20401 — A Resolution Accepting The Preliminary Engineering Report For Willow Avenue From 60th Street To Maple Avenue By Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas With No Projected Budgetary Impact (26) P.R. No. 20402 — A Resolution Accepting The Preliminary Engineering Report For Nashville Avenue From 7th Street (Rev. Ransom Howard St) To Procter Street By Action Civil Engineers, PLLC Of Port Arthur, Texas With No Projected Budgetary Impact (27) P.R. No. 20403 — A Resolution Accepting The Preliminary Engineering Report For Sunken Court Phase 1 From Twin City Highway To Tyrrell Parkway By Action Civil Engineers, PLLC Of Port Arthur, Texas With No Projected Budgetary Impact (28) P.R. No. 20404 — A Resolution Accepting The Preliminary Engineering Report For Sunken Court Phase 2 From Tyrrell Parkway To North Park Drive By Action Civil Engineers, PLLC Of Port Arthur, Texas With No Projected Budgetary Impact (29) P.R. No. 20405 — A Resolution Accepting The Preliminary Engineering Report For 8th Avenue From 32nd Street North To The Dead End By Soutex Surveyors & Engineers Of Port Arthur, Texas With No Projected Budgetary Impact (30) P.R. No. 20406 — A Resolution Accepting The Preliminary Engineering Report For Carolina Avenue From Gulfway Drive North To The Dead End By Soutex Surveyors & Engineers Of Port Arthur, Texas With No Projected Budgetary Impact AGENDA AUGUST 14, 2018 VI. CONSENT AGENDA — CONTINUED (31) P.R. No. 20409 — A Resolution Authorizing Supplemental Repairs Related To The Renovation Of The Equipment Services Building By SETEX Construction Corp. Of Beaumont, Texas, Through Buyboard Cooperative Contract No. 520-16 (Core), In The Amount Of $22,661.32 Funding From Proceeds Received From Insurance In Account No. 147-2300-901.32-00, Project No. 082617 - Emergency Management Fund (32) P.R. No. 20413 — A Resolution Authorizing The Purchase Of 1,000 Itron Electronic Meter Transmitters For Utilities Department With Republic Meter, Inc. Of Dallas, Texas, With A Projected Budgetary Impact Of $69,000.00. Funds Are Available In Account No. 147- 2300-901.25-00, Project #082617 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20360 — A Resolution Confirming The Appointment Of The Police Chief/Department Head For The City Of Port Arthur B. Ordinances — Non-Consent (1) P.O. No. 6634 — An Ordinance Repealing And Replacing Chapter 18, Article II — Building Code, Of The Code Of Ordinances Of The City Of Port Arthur, Thereby Adopting The State Mandated 2015 Edition Of The International Building Code (IBC) Published By The International Code Council, Inc. (ICC); Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars ($2,000.00), As Provided In Section 18-43 Of The Code Or As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication 4 8 AGENDA AUGUST 14, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.O. No. 6635 — An Ordinance Repealing And Replacing Chapter 18, Article III — Electrical Code, Of The Code Of Ordinances Of The City Of Port Arthur, Thereby Adopting The 2014 National Electrical Code (NEC) And Related References, And Life Safety Codes; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars ($2,000.00), As Provided In Section 18-43 Of The Code Or As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication (3) P.O. No. 6720 — An Ordinance Amending Chapter 78 (Personnel), Article II (Personnel Policy), Division 3 (Appointment And Separation), Section 78-108(b) Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Reemployment (4) P.O. No. 6723 — An Ordinance By The City Of Port Arthur, Texas ("City") Denying The Rate Increase Request Of Entergy Texas, Inc., Filed On May 15, 2018; 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. 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 15, 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 ************************************************************ 9 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.