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HomeMy WebLinkAboutAUGUST 28, 2018 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR Energy HARVEY ROBINSON THOMAS J. KIN'.‘11 III,MAYOR PRO TEM City of or, \ INTERIM CITY MANAGER COUNCIL MEMBERS: II I`t 411k SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITI SECRETARY CAL J.JONES ort Y t h u r HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES Trrm CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting August 28, 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 August 28, 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) Hilton Kelley Regarding Mardi Gras Vendors And Selling Outside Gate (2) Devin Woods Regarding Dangerous Condition Existing At HEB (3) Doris DeCuire Regarding The Civic Center Event Policies (4) William P. Wells Regarding Mardi Gras AGENDA AUGUST 28, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Dingo Loose Productions And Clifton E. Williams, Sr. Regarding The Southern Soul And Zydeco Dance Festival (2) A Presentation By Staff And Freese & Nichols Regarding The Capital Improvements Program For The City Of Port Arthur (3) A Presentation By Civic Center Director Adam Saunders And Lieutenant Jeremy Houston Regarding Proposed Policy Changes To Enhance Security At The Civic Center (4) A Presentation By Staff Regarding The Current Status Of The Restoration Of City Buildings (5) A Presentation By Finance Director Andrew Vasquez Regarding The July 2018 Monthly Financial Report (6) A Presentation By The Parks & Recreation Department Regarding The KaBOOM! Grant Received, To Build A Playground System Located At Barbara Jacket Park C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 9:00 A.M. (1) The First Public Hearing To Receive Public Comment And Hear All Persons Desiring To Be Heard On The Proposed Ad Valorem Property Tax Rate For Tax Year 2018 A Tax Rate Of $0.792000 Per $100 Valuation Has Been Proposed For Adoption By The Governing Body Of City Of Port Arthur. This Rate Exceeds The Lower Of The Effective Or Rollback Tax Rate, And State Law Requires That Two Public Hearing Be Held By The Governing Body Before Adopting The Proposed Tax Rate 2 AGENDA AUGUST 28, 2018 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 (A1) City Attorney Val Tizeno: 93rd Annual Convention & Exhibits National Bar Association Continuing Legal Education New Orleans, LA July 29 — Aug 2, 2018 $2,249.20 B. Minutes July 31, 2018 Regular Meeting August 14, 2018 Special Executive Meeting August 14, 2018 Regular Meeting August 21, 2018 Special Meeting C. Resolutions (1) P.R. No. 20237 — A Resolution Authorizing The City Manager To Execute An Agreement With Architect's Studio Of Port Arthur, Texas For The Architectural And Design Services For The Renovation Of Port Arthur Transit's Terminal Building In The Amount Of $36,500.00. Funding Is Available In Transit Building Account 401-1509-561.82-00 3 AGENDA AUGUST 28, 2018 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 20277 — A Resolution To Amend The FY 2017-2018 Contract Between The City Of Port Arthur And Health And Human Services, WIC Division, Increasing The Funds For FY 2019 And Extending The Contract To September 30, 2019 For A Total Not To Exceed $1,913,046.00. No City Match Required (3) P.R. No. 20363 — A Resolution Authorizing The City Manager To Enter Into A Contract With Spidle & Spidle, Inc., Of Port Arthur, Texas For The Lease Of A 2,000 Gallon Diesel Tank And Purchase The Supplementary Fuel Until March 2019, In An Amount Not Exceed $150,000.00; Funds Are Available In Transit Fuel And Lubrication Account No. 401-1501-561.24-00 (4) P.R. No. 20393 — A Resolution Authorizing The Commencement Of A Public Hearing Process In Order To Ascertain Public Comment Regarding The Annexation Of Property Described As A 2.543 Acre Tract Or Parcel Of Land Situated In The B.B.B. & C.R.R. Survey, Abstract 93, Located At The Intersection Of State Highway 82 And Terminal Road (5) P.R. No. 20394 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $178,488.32 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damaged Police Department Equipment Due To Hurricane Harvey (August 30, 2017) (6) P.R. No. 20395 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $20,000.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Oil Spill Pollution Cleanup Costs At Bryan Park (1000 Gulfway Drive) After Hurricane Harvey (August 30, 2017) (7) P.R. No. 20397 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $5,574.92 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damage Contents In A Storage Building At The Port Arthur Public Library As A Result Of Hurricane Harvey (August 30, 2017) 4 AGENDA AUGUST 28, 2018 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 20407 — A Resolution Authorizing The City Manager To Execute A Contract Between The City And Paramont Design And Development Of Beaumont, TX For The Reconstruction Of Three (3) Houses In The Amount Of $400,000, Which Includes A $15,000.00 Contingency. Funds Are Available In Account Numbers 108-2141-626.59-00 (Home), Project Numbers HE1602, HE1702 And 105-1431-552.59-00 (CDBG) Project Numbers C43115, C43117 And C43151 (9) P.R. No. 20408 — A Resolution Authorizing The City Manager To Execute Contracts Between Its Third Party Administrator (Administrative Services Only) For The City Of Port Arthur Group Medical, Dental Insurance, Basic Life, Basic Accidental Death And Dismemberment, And Excess Loss Indemnity With Blue Cross And Blue Shield Of Texas, Inc. (10) P.R. No. 20410 — A Resolution Authorizing The Execution Of Community Development Block Grant Interoffice Agreements With Housing Assistance, Grants Management, And Public Works And Contracts Between The City Of Port Arthur And The Non Profit Service Organizations For Public Service Activities In The Amount Of $52,000.00, This Being $5,000.00 For Gift Of Life; $10,000.00 For Nutrition And Services For Seniors; $10,000.00 For Tender Loving Care DBA Legacy Community Development Corporation, And $27,000.00 For Catholic Charities For The Benefit Of The Low And Moderate-Income Residents Of The City (11) P.R. No. 20411 — A Resolution Authorizing The City Manager To Reject The Bid For Replacing Ten (10) 2008 Orion ISL 280 Cummins Engines, Bid No. P-18-073 For The Transit Department (12) P.R. No. 20414 — A Resolution Authorizing The Purchase Of Two (2) 2018 Ford E550 Fixed Route Vehicles From The State Of Texas Smart Buy Contract Through Creative Bus Sales Of Irving, Texas, In The Total Amount Not To Exceed $216,851.46. Funds Are Available In Transit Capital Account Number 401-1509-561.93-00 5 AGENDA AUGUST 28, 2018 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 20415 — A Resolution Authorizing The City Manager To Enter Into An Inter-Local Agreement Between Jefferson County, The City Of Beaumont And The City Of Port Arthur For The 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) And Receive Funding In The Amount Of $25,971.00, No Cash Match Requirement (14) P.R. No. 20417 — A Resolution Ratifying Replacement Of A Chiller Unit With ABM Building Services, LLC Of Houston, Texas Through BuyBoard Contract No. 552-17, Due To A Rupture In The Heat Exchanger Bundle At The Water Purification Plant In The Amount Of $44,472.00; Funding Is Available In Water Utilities Account No. 410-1252-532.32-00, Building Maintenance (15) P.R. No. 20418 — A Resolution Authorizing Execution Of A Cooperative Agreement With The U.S. Environmental Protection Agency For A $300,000.00 Brownfields Grant — No Match Required (16) P.R. No. 20419 — A Resolution Designating And Establishing The Southern Soul And Zydeco Dance Festival Entertainment Area, Designating Dingo Loose Productions And Clifton E. Williams, Sr. As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Dingo Loose Productions And Clifton E. Williams, Sr. (17) P.R. No. 20420 — A Resolution Approving The Declaration Of A Public Health, Safety, And Economic Recovery Emergency Related To Hurricane Harvey Damaged Structures; Hurricane Harvey Recovery Funds Will Be Used To Demolish These Structures [Disaster #4332-TX] VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20389 — A Resolution Approving An Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And K&D Marine, LLC D/B/A Dustin Gulf Seafood 6 AGENDA AUGUST 28, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 20390 — A Resolution Approving The First Renewal Of A Contract For Retention Of Guy N. Goodson And Kate K. Leverett With Germer PLLC For Professional Legal Services For The City Of Port Arthur Section 4A Economic Development Corporation With One Additional Year Renewal Option (3) P.R. No. 20416 — A Resolution Nominating A Member To The Board Of Directors Of The Jefferson County Appraisal District For The Remaining Portion Of The 2018 — 2019 Term, Due To A Vacancy B. Ordinances — Non-Consent (1) P.O. No. 6729 — An Ordinance Amending Ordinance No. 16-53 As It Pertains To Article 14 (Seniority) Of The Collective Bargaining Agreement Between The City Of Port Arthur And The Port Arthur Police Association VIII. BUDGET WORKSHOP To Discuss The Proposed FY 2018-2019 Budget 7 AGENDA AUGUST 28, 2018 XI. *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 Attorney Related To Potential Claims/Lawsuits Against The City (3) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (K & D Marine, LLC DBA Dustin Gulf Seafood) (4) 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 8 AGENDA AUGUST 28, 2018 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 August 29, 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.