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HomeMy WebLinkAbout(01) AUGUST 28, 2018 REGULAR MEETING REGULAR MEETING — August 28, 2018 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Frank 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, August 28, 2018 at 8:30 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Derrick Freeman; Mayor Pro Tern Thomas Kinlaw, III.; Councilmembers Raymond Scott, Jr., Harold Doucet and Kaprina Frank; Interim City Manager Harvey Robinson, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police John Owens. Councilmember Charlotte M. Moses joined the Regular Meeting at 8:33 a.m. Councilmember Cal Jones joined the Regular Meeting at 8:35 a.m. II. PROCLAMATIONS Proclamations - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Hilton Kelley Regarding Mardi Gras Vendors And Selling Outside Gate Hilton Kelley, 910 Colorado Avenue, appeared before the City Council to discuss the above-mentioned topic. (2) Devin Woods Regarding Dangerous Condition Existing At HEB Not Present. (3) Doris DeCuire Regarding The Civic Center Event Policies Doris DeCuire, 2100 Thomas Blvd., appeared before the City Council to discuss the above-mentioned topic. (4) William P. Wells Regarding Mardi Gras William Wells, 4210 Sequoia Avenue, appeared before the City Council to discuss the above-mentioned topic. B. Presentations (1) A Presentation By Dingo Loose Productions And Clifton E. Williams, Sr. Regarding The Southern Soul And Zydeco Dance Festival Not Present. (2) A Presentation By Staff And Freese & Nichols Regarding The Capital Improvements Program For The City Of Port Arthur Freese & Nichols Representative Alexis Garcia gave the above-mentioned presentation. IV. PUBLIC HEARINGS — 9:00 AM (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 The Mayor introduced the above-mentioned Public Hearing at 9:09 a.m. Assistant to the City Manager Rebecca Underhill appeared before the City Council and gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. No one appeared before the City Council to address the above-mentioned item. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried unanimously, the City Council closed the Public Hearing at 9:11 a.m. III. PETITIONS & COMMUNICATIONS B. Presentations (3) A Presentation By Civic Center Director Adam Saunders And Lieutenant Jeremy Houston Regarding Proposed Policy Changes To Enhance Security At The Civic Center Civic Center Director Adam Saunders and Acting Police Chief John Owens gave the above-mentioned presentation. (4) A Presentation By Staff Regarding The Current Status Of The Restoration Of City Buildings Purchasing Manager Clifton Williams gave the above-mentioned presentation. (5) A Presentation By Finance Director Andrew Vasquez Regarding The July 2018 Monthly Financial Report Finance Director Andrew Vasquez gave the above-mentioned presentation. (6) A Presentation By The Parks & Recreation Department Regarding The KaBOOM! Grant Received, To Build A Playground System Located At Barbara Jacket Park Parks and Recreation Director Chandra Alpough gave the above-mentioned presentation. C. Employee Recognition - None D. Correspondence - None E. Discussion - 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. 20410: City Council Minutes Regular Meeting — August 28, 2018 Voting Yes: Mayor Freeman; Mayor Pro Tern Kinlaw; Councilmembers Scott, Jones, Doucet, Moses and Frank. Voting No: None. A. Expense Reports — None (Al) 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 Proposed Resolution No. 20237 was adopted becoming Resolution No. 18-348. (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 Proposed Resolution No. 20277 was adopted becoming Resolution No. 18-349. (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 Proposed Resolution No. 20363 was adopted becoming Resolution No. 18-350. (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 Proposed Resolution No. 20393 was adopted becoming Resolution No. 18-351. City Council Minutes Regular Meeting — August 28, 2018 (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) Proposed Resolution No. 20394 was adopted becoming Resolution No. 18-352. (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) Proposed Resolution No. 20395 was adopted becoming Resolution No. 18-353. (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) Proposed Resolution No. 20397 was adopted becoming Resolution No. 18-354. (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 Proposed Resolution No. 20407 was adopted becoming Resolution No. 18-355. (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. Proposed Resolution No. 20408 was adopted becoming Resolution No. 18-356. (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 Proposed Resolution No. 20411 was adopted becoming Resolution No. 18-357. (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 City Council Minutes 1 Regular Meeting — August 28, 2018 Proposed Resolution No. 20414 was adopted becoming Resolution No. 18-358. (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 Proposed Resolution No. 20415 was adopted becoming Resolution No. 18-359. (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 Proposed Resolution No. 20417 was adopted becoming Resolution No. 18-360. (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 Proposed Resolution No. 20418 was adopted becoming Resolution No. 18-361. (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. Proposed Resolution No. 20419 was adopted becoming Resolution No. 18-362. (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] Proposed Resolution No. 20420 was adopted becoming Resolution No. 18-363. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. City Council Minutes Regular Meeting — August 28, 2018 The motion was made by Councilmember Doucet and seconded by Councilmember Frank that Proposed Resolution No. 20410 be adopted. Grants Manager Mary Essex appeared before the City Council to answer inquiries regarding the above-mentioned item. Voting Yes: Mayor Freeman; Mayor Pro Tern Kinlaw; Councilmembers Scott, Jones, Doucet, Moses and Frank. Voting No: None. Proposed Resolution No. 20410 was adopted becoming Resolution No. 18-364. The caption of Resolution No. 18-364 reads as follows: RESOLUTION NO. 18-364 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 A. Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 20390 was adopted becoming Resolution No. 18-365. Voting Yes: Mayor Freeman; Mayor Pro Tem Kinlaw; Councilmembers Scott, Jones, Doucet, Moses and Frank. Voting No: None. The caption of Resolution No. 18-365 reads as follows: RESOLUTION NO. 18-365 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 City Council Minutes 6 Regular Meeting — August 28, 2018 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Doucet and carried, Proposed Resolution No. 20416 was tabled. Voting Yes: Mayor Freeman; Mayor Pro Tern Kinlaw; Councilmembers Scott, Jones, Doucet, Moses and Frank. Voting No: None. B. Ordinances (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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Councilmember Doucet and carried, Proposed Ordinance No. 6729 was adopted becoming Ordinance No. 18-45. Voting Yes: Mayor Freeman; Mayor Pro Tern Kinlaw; Councilmembers Scott, Jones, Doucet, Moses and Frank. Voting No: None. The caption of Ordinance No. 18-45 reads as follows: ORDINANCE NO. 18-45 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 The City Council recessed their meeting at 10:48 a.m. and reconvened their meeting at 10:55 a.m. with the following members present: Mayor Freeman; Mayor Pro Tern Kinlaw; Councilmember Scott, Moses and Frank; Interim City Manager Robinson; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Owens. Discussion was held regarding the Proposed FY 2018-2019 Budget IX. * CLOSED MEETING (EXECUTIVE SESSION) 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 City Council Minutes 7 Regular Meeting —August 28, 2018 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/ET] The City Council recessed their meeting at 11:24 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 1:20 p.m. with the following members present: Mayor Freeman; Mayor Pro Tem Kinlaw; Councilmembers Scott, Jones, Doucet, Moses and Frank; Interim City Manager Robinson; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief John Owens. VII. ITEMS REQUIRING INDIVIDUAL ACTION (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Resolution No. 20389 was adopted becoming Resolution No. 18-366. Voting Yes: Mayor Freeman; Mayor Pro Tem Kinlaw; Councilmembers Scott, Jones, Doucet, Moses and Frank. Voting No: None. The caption of Resolution No. 18-366 reads as follows: RESOLUTION NO. 18-366 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 IX. ADJOURNMENT OF MEETING Upon the motion by Mayor Pro Tem Kinlaw, seconded by Councilmember Frank and carried unanimously, the City Council adjourned their meeting 1:20 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. MAYOR DERRICK FREEMAN City Council Minutes Regular Meeting —August 28, 2018 ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD August 28, 2018. APPROVED City Council Minutes (> Regular Meeting — August 28, 2018