HomeMy WebLinkAboutSEPTEMBER 25, 2018 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR _ - �,Ry HARVEY' ROBINSON
THOMAS J.KINLAW III,MAYOR PRO TEM City of cay INTERIM CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
CAL J.JONES ort rthur
HAROLD DOUCET,SR. VAL TIZENO
CHARLOTTE MOSES Tc ras CITY ATTORNEY
KAPRIN.4 FRANK
AG E N DA
City Council
Regular Meeting
September 25, 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
September 25, 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:
Police Chief Duriso Or Designee
II. PROCLAMATIONS
Proclamations
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Willie Lewis Regarding Contacting The State And Federal Housing
Compliance Departments Regarding Qualifications Of Tenants At O.
W. Collins, Louis Manor And Prince Hall
(2) John Beard Regarding The Erosion Of Pleasure Island
(3) Ashley Almond & Valeria Perez Regarding A Mural For The Port
Arthur Animal Shelter
B. Presentations
(1) A Presentation By Vivian Ballou Regarding Legacy CDC Regarding A
Status Update On The Downtown Housing Program
AGENDA
SEPTEMBER 25, 2018
IV. PETITIONS & COMMUNICATIONS — CONTINUED
(2) A Presentation Regarding The 2020 Census
(3) A Presentation Armando Gutierrez Regarding Street Rehabilitation
(4) A Presentation By Finance Director Andrew Vasquez Regarding The
August 2018 Monthly Financial Report
C. Employee Recognition — None
D. Correspondence — None
E. Discussion — None
V. PUBLIC HEARINGS — 9:00 A.M. — NONE
VI. UNFINISHED BUSINESS
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(1) P.R. No. 20429 — A Resolution Approving The Application Of Viking
Enterprises Inc. DBA City Ambulance Service For An Ambulance
Agreement
VII. 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
September 11, 2018 Special Executive Meeting
September 11, 2018 Regular Meeting
AGENDA
SEPTEMBER 25, 2018
VII. CONSENT AGENDA — CONTINUED
C. Resolutions
(1) P.R. No. 20299 — A Resolution Terminating A Contract With 2S Roll
Off Service, LLC And Awarding Same To The Next Lowest Bidder,
Lark Group, Inc., In The Amount Of $31,700.00, For Demolition Of
Six (6) Dangerous Residential Properties With Transite Siding
(Group B-T) To Be Charged To Account No. 001-1052-517.59-00
(General Fund)
(2) P.R. No. 20422 — A Resolution Authorizing The City Manager To
Purchase Library Furniture/Shelving For The Library From
Educator's Deport Of Sugar Land, Texas, Through The Texas
BuyBoard Cooperating Purchasing, Contract No. 503-16, With The
Projected Budgetary Impact Amount Of $30,374.46. Furniture Will
Be Funded With Hurricane Harvey Account No. 147-2300-901.91-
00, Project No. 082617 Then Be Reimbursed Through TMLIRP
(3) P.R. No. 20433 — A Resolution Authorizing The City Manager To
Execute A Contract Between Texas Municipal League
Intergovernmental Risk Pool — Turnkey Recovery Program To
Rebuild The El Vista Community Center (615 Elias Street) And
Ryman Building (3248 39th Street)
(4) P.R. No. 20435 — A Resolution Authorizing The City Manager To
Execute Change Order No. 1 To The Contract With Hampshire
Roofing Co, LLC Of Lumberton, Texas For Plaster Work And
Painting Of Ceiling At Rose Hill Manor In The Amount Of
$11,250.00; Funding Available From Hotel Occupancy Tax Account
No. 140-1405-551.59-00, Project No. M97908
(5) P.R. No. 20436 — A Resolution Authorizing The Purchase Of A
Kubota Tractor From Kubota Tractor Corporation Of Grapevine,
Texas, Under BuyBoard Contract No. 515-16 And No. 529-17,
Replacing Unit #1389, A New Holland Slope Mower, Damaged Due
To Hurricane Harvey, For The Public Works Drainage Division, With
A Projected Budgetary Impact Of $49,231.23; Funds Are Available
In The Emergency Management Fund — Equipment Account No.
147-2300-901.92-00, Project No. 082617
AGENDA
SEPTEMBER 25, 2018
VII. CONSENT AGENDA — CONTINUED
(6) P.R. No. 20437 — A Resolution Terminating A Contract With 2S Roll
Off Service, LLC And Awarding Same To The Next Lowest Bidder
Lark Group, Inc., In The Amount Of $28,200.00, For Demolition Of
Six (6) Dangerous Residential Properties (Group D) To Be Charged
To Account No. 001-1052-517.59-00 (General Fund)
(7) P.R. No. 20439 — A Resolution Rescinding Resolution 18-119 In Its
Entirety Which Authorized A Loan Agreement For The Purchase Of
2.8 Acres Of Land In The City Of Port Arthur Section 4A Economic
Development Corporation's Highway 73 Business Park To KLV
Ventures, Inc
(8) P.R. No. 20440 — A Resolution Requesting Financial Assistance
From The Texas Water Development Board; Authorizing The Filing
Of An Application For Assistance From The Clean Water State
Revolving Fund; And Making Certain Findings In Connection
Therewith
(9) P.R. No. 20441 — A Resolution Approving The Sale Of
Approximately Six (6) Acres Of Land In The City Of Port Arthur
Section 4A Economic Development Corporation Spur 93 Business
Park To Walden Road Properties, LLC
(10) P.R. No. 20448 — A Resolution Authorizing The Third Year, Second
And Final Renewal, Of The Agreement With J. M. Kaufman,
Redwine Enterprises And Mid County, LTD., Of Port Arthur, Texas
And Ross Ridge Sand Company, LP Of Vidor, Texas For The
Excavating And Hauling Of Materials With A Projected Budgetary
Impact Of $800,000.00; Funds Are Available In The Public Works
Landfill — Landfill Construction Account No. 403-1274-533.59-02,
Public Works Streets — Streets Maintenance Account No. 001-1203-
531.36-00, And Parks Maintenance — Land Maintenance Account
No. 001-1207-531.31-00
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AGENDA
SEPTEMBER 25, 2018
VII. CONSENT AGENDA — CONTINUED
(11) P.R. No. 20449 — A Resolution Authorizing The Purchase Of A 6"
Trailer Mounted Diesel Pump From Xylem Of Houston, Texas,
Under H-GAC Contract No, CM02-17, For The Public Works
Drainage Division, With A Projected Budgetary Impact Of
$57,039.00; Funds Are Available In The Capital Reserve Funding
Public Works Drainage 625-1801-531.92-04
(12) P.R. No. 20450 — A Resolution Authorizing The Purchase Of A Brush
Mulcher Attachment From ASCO Of Beaumont, Texas, Under HGAC
Contract No. EM06-17, For The Public Works Drainage Division, In
The Amount Of $65,928.22; Funds Are Available In The Capital
Reserve Funding Public Works Drainage 625-1801-531.92-04
(13) P.R. No. 20452 — A Resolution Authorizing The City Manager To
Execute Settlement Of An Automobile Physical Damage Claim In
The Amount Of $10,202.37 Made Against Texas Municipal League
Intergovernmental Risk Pool (TMLIRP) As A Result Of Property
Damage To Water Distribution Unit #2024
(14) P.R. No. 20453 — A Resolution Authorizing The City Manager To
Execute Settlement Of An Automobile Physical Damage Claim In
The Amount Of $8,856.42 Made Against Texas Municipal League
Intergovernmental Risk Pool (TMLIRP) As A Result Of Property
Damage To Transit Unit #1804
(15) P.R. No. 20456 — A Resolution Authorizing The Acceptance Of A
Five Foot Sidewalk Easement From PAISD And The Installation Of
Sidewalk Along 9th Ave. South Of Lake Arthur Dr. To The Entrance
Of Memorial High School Then Southwest To The Softball Fields,
With A Projected Budgetary Impact Of $24,423.70; Funds Are
Available In The Public Works Streets Division — ADA Sidewalks
Account No. 001-1203-531.87-00
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AGENDA
SEPTEMBER 25, 2018
VII. CONSENT AGENDA — CONTINUED
(16) P.R. No. 20457 — A Resolution Ratifying A Contract And Authorizing
Payment Of An Invoice For Professional Services (Non-Federal
Form) Between The City Of Port Arthur Section 4A Economic
Development Corporation And Arceneaux Wilson & Cole, LLC For
Engineering Services In Connection With A 12-Inch Water Line
Crossing And Electrical Line Crossing To The Jade Avenue Business
Park In An Amount Not To Exceed Six Thousand, Four Hundred
Eighteen Dollars ($6,418.00) Funds Available In PAEDC Account
#120-1429-582.86-00
(17) P.R. No. 20458 — A Resolution Authorizing The City Of Port Arthur
Section 4A Economic Development Corporation To Enter Into A
Contract For Jade Avenue Business Park Waterline And Electrical
Line Crossing With BDS Constructors D/B/A MK Constructors Of
Vidor, Texas In An Amount Not To Exceed $137,000.00 EDC
Account No. 120-1429-582.59-02
(18) P.R. No. 20468 — A Resolution Authorizing The City Manager To
Enter Into A Contract For Janitorial Services For The Health
Department With Diamond Shine Building Service Of Buna, Texas,
For An Estimated Budgetary Amount Of $68,475.00 Annually
(19) P.R. No. 20469 — A Resolution Authorizing The City Manager To
Execute Settlement Of Rental Fees For An Excavator From Golden
Triangle Industries, Inc. In The Amount Of $6,138.75 Made Against
Liberty Mutual Insurance As A Result Of Property Damage To
Streets Unit #1990
(20) P.R. No. 20475 — A Resolution Accepting A List Of Streets For
Remedial Asphalt Rehabilitation For Streets Division Of Public
Works To Preserve And Extend The Life Of The Existing Pavement
With No Projected Budget Impact
(21) P.R. No. 20477 — A Resolution Approving A Purchase Agreement
Between The City Of Port Arthur Section 4A Economic Development
Corporation And KLV Ventures, Inc. ("KLV") For 2.8 Acres Of Land
At The Hwy 73 Business Park For An Amount Of One Hundred
Seventy-Five Thousand Dollars And 00/100 Dollars ($175,000.00)
•
AGENDA
SEPTEMBER 25, 2018
VII. CONSENT AGENDA — CONTINUED
(22) P.R. No. 20481 — A Resolution Authorizing The City Manager To
Enter Into A Contract With Berg Oliver Associates, Inc., Of
Houston, Texas, For Environmental Services To Attain Regulatory
Closure From The Texas Commission On Environmental Quality
(TCEQ) For The Engine 503 And Tender (Train) In The Amount Of
$10,860.00; Funding Available In Hurricane Harvey Account No.
147-2300-91.54-00, Project No. 082617
(23) P.R. No. 20484 — A Resolution Authorizing The City Manager To
Enter Into A Contract With Action Restoration Of Port Arthur,
Texas, Through Tips Cooperative Contract Nos. 161201 And
180205 For City Hall Repairs And Mold Remediation, In The Total
Amount Of $111,950.00. Funds Are Available In Account No. 001-
1206-532-32-00 Building Maintenance — Facilities Maintenance
Division
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 20325 — A Resolution Authorizing The City Manager To
Execute An Industrial District Agreement With GT Logistics LLC And
Golden Triangle Properties •
(2) P.R. No. 20381 — A Resolution Authorizing Change To The Policy At
The Robert A. "Bob" Bowers Civic Center
(3) P.R. No. 20444 — A Resolution Authorizing The Lease Of Office
Space Located Within 501 Procter Street By The Port Arthur Section
4A Economic Development Corporation To The City Of Port Arthur
(4) P.R. No. 20446 — A Resolution Rescinding Resolution No. 18-355 In
Its Entirety Which Awarded A Contract Between The City Of Port
Arthur And Paramount Design And Development Of Beaumont,
Texas For The Reconstruction Of Three (3) Houses
' AGENDA
SEPTEMBER 25, 2018
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(5) P.R. No. 20447 — 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
(6) P.R. No. 20454 — A Resolution Authorizing The October 9, 2018
Regularly Scheduled Council Meeting Date To Be Rescheduled Or
Cancelled
(7) P.R. No. 20455 — A Resolution Setting Public Hearing To Review
The Service Plan For The Annexation Of Property Located At The
Intersection Of State Highway 82 And Terminal Road, And To
Receive Comments From The Public On The Proposed Annexation
(8) P.R. No. 20459 — A Resolution As It Pertains To Alternate Municipal
Court Judges To Act As A Magistrate And Also Act In The Absence
Of The Municipal Court Judge (Requested By Mayor Freeman)
(9) P.R. No. 20470 — A Resolution Authorizing The Designation Of
Tender Loving Care Center For Children D/B/A Legacy Community
Development Corporation As A Community Based Development
Organization (CBDO) And Authorizing Execution Of A Contract
Between The City And Tender Loving Care Center For Children
D/B/A Legacy Community Development Corporation In The Amount
Not To Exceed $320,000.00 For Infrastructure Projects In The
Downtown Affordable Housing Target Area. Funding Will Be
Provided From Account Number 105-1431-552.59-00, Project
Numbers C43105 And 44117
s
AGENDA
SEPTEMBER 25, 2018
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(10) P.R. No. 20473 — A Resolution Approving A Purchase Agreement
Between The City Of Port Arthur Section 4A Economic Development
Corporation And NDC Housing And Economic Development
Corporation, Inc., A New York Corporation For Property Located At
4th Street Between Mobile And Shreveport For An Amount Of One
Hundred Ten Thousand Dollars And 00/100 Dollars ($110,000.00)
(11) P.R. No. 20474 — A Resolution As It Pertains To The City Of Port
Arthur's Water And Sewer Enterprise Fund
(12) P.R. No. 20482 — A Resolution Authorizing The Purchase Of Excess
Commercial Flood Coverage With A Projected Budgetary Impact Of
$405,851.25
(13) P.R. No. 20483 — A Resolution Appointing And/Or Reappointing A
Member Or Members To The Pleasure Island Advisory Committee
(Requested By Councilmember Jones)
B. Ordinances — Non-Consent
(1) P.O. No. 6721 — An.Ordinance By The City Of Port Arthur, Texas
("City") Approving The Settlement Filed In Entergy Texas, Inc.'s
Rate Proceeding Initiated 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
(2) P.O. No. 6728 — An Ordinance Amending Article II (Personnel
Policy), Division 8 (Employee Benefits), Section 78-269 (Travel
Expenses) Of The Code Of Ordinances Of The City Of Port Arthur
As It Pertains To Travel Expenses For Councilmembers (Requested
By Councilmember Doucet, Frank And Kinlaw)
(3) P.O. No. 6732 — An Ordinance Providing That The Provision Set
Forth In 78-109 (d) Of The Code Of Ordinances Be Applicable To
Temporary Employees Hired Pursuant To The National Dislocated
Worker Grant (NDW) Program
_mss
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AGENDA
SEPTEMBER 25, 2018
IX. *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 Incentives For
Commercial, Residential, And/Or Industrial Business Prospects
(Deztex Industrial Services; LLC DBA Ramtex)
(2) Section 551.071 Government Code – To Discuss Incentives For
Commercial, Residential, And/Or Industrial Business Prospects For
Infrastructure Improvements For George Khalaf (Owner Of The
Property Located At 1645 Jefferson Drive)
(3) Section 551.074 Government Code – To Discuss The Duties And
Responsibilities Of The City Secretary And The City Attorney
(4) Section 551.072 Government Code — To Discuss The Value Of
Land Located at 4th Street Between Mobile and Shreveport Avenue
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AGENDA
SEPTEMBER 25, 2018
IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED
(5) 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
X. ADJOURNMENT OF MEETING
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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 September 26,
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
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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.