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HomeMy WebLinkAboutNOVEMBER 20, 2018 REGULAR MEETING 11/ DERRICK FORD FREEMAN,MAYOR Energy c HARVEY ROBINSON THOMAS J. KINLAW III,MAYOR PRO TEM City of o INTERIM CITY MANAGER COUNCIL MEMBERS: IJ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. — CITY SECRETARY CAL J.JONES ort rthur HAROLD DOUCET,SR. VAL TREND CHARLOTTE MOSES Tetus CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting November 20, 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. 1 City Council Meeting City Hall Council Chamber City Of Port Arthur November 20, 2018 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem 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) Scarlet Talley Regarding Hurricane Harvey Recovery (2) Demetrious Jenkins Regarding Christmas with Dr. Levy and Fancy Step Ryders (3) Michael Hargis, Consultant For The Golden Triangle Empowerment Center Regarding Free Workforce Training Program B. Presentations (1) A Presentation By Finance Director Andrew Vasquez Regarding The September 2018 Monthly Financial Report 1 AGENDA NOVEMBER 20, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) Presentation Regarding The Mayors' Institute On City Design Forum 1 Attended By Mayor Derrick Freeman (3) A Presentation By Staff Regarding The Streets Program Update (4) A Presentation By Staff Regarding Game Rooms C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 9:00 A.M. — NONE V. UNFINISHED BUSINESS — NONE (1) P.R. No. 20563 — A Resolution Authorizing The City Manager To Execute Contracts Between Its Third Party Administrator (Administrative Services Only) For The City Of Port Arthur Blue Cross Medicare Advantage PPO And Prescription Drug Plan For Its Medicare Eligible Dependent(s), And Authorizing The City Manager To Execute All Documents Fund No: 614-1701-583.18-03 (Health Insurance Fund) 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 NOVEMBER 20, 2018 VI. CONSENT AGENDA — CONTINUED A. Travel Request (A1) Mayor Derrick Freeman: 2018 East Regional Session Of The Mayors' Institute On Design Austin, TX December 12 — 14, 2018 No Cost To The City B. Expense Reports (B1) City Attorney Val Tizeno: 2018 International Municipal Lawyers Association Annual Conference & Texas City Attorneys Association Fall Conference Houston, TX October 17 — 20, 2018 $1,764.82 C. Minutes November 06, 2018 Special Executive Meeting November 06, 2018 Regular Meeting November 15, 2018 Special Meeting D. Resolutions (1) P.R. No. 20209 — A Resolution Authorizing The City Manager To Accept A Donation From The Southeast Texas Plant Managers' Forum In The Amount Of $10,000 To Fund The Purchase Of A New Explosive Detection Dog (2) P.R. No. 20502 — A Resolution Authorizing Payment Of An Invoice From South East Texas Regional Planning Commission For Membership Dues In The Amount Of $29,284.40 For The Fiscal Year Ending September 30, 2019. City Manager Contingency Account #001-1003-512.39-00, M97902 3 AGENDA NOVEMBER 20, 2018 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 20532 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $30,374.34 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damaged Furniture At The Port Arthur Public Library As A Result Of Hurricane Harvey (August 30, 2017) (4) P.R. No. 20533 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $15,984.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) For Payment For Temporary Office Trailers For The Parks Department As A Result Of Hurricane Harvey (August 30, 2017) (5) P.R. No. 20534 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $5,454.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damage To Electronics At The Port Arthur Public Library As A Result Of Hurricane Harvey (August 30, 2017) (6) P.R. No. 20539 — A Resolution Authorizing Supplemental Repairs For The Renovation Of The Operation Center By SpawGlass Construction Corp Of Beaumont, Texas Through Buyboard Cooperative Contract No. 520-16 EZLQC, In The Amount Of $55,632.65. Funding From Proceeds Received From Insurance (Account No. 147-2300-901.32-00, Project #082617) Emergency Management Fund ($40,082.65) And Account No. 001-1206- 531.32-00 Public Work Building Maintenance ($15,550.00) (7) P.R. No. 20542 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $10,147.12 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Water Purification Unit #2153 (8) P.R. No. 20547 — A Resolution Authorizing Payment Of Annual Service Fees For Naviline ASP To Superion LLC In The Amount Of $133,673.40. Account No. 001-1034-515-54.00 4 AGENDA NOVEMBER 20, 2018 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 20554 — A Resolution Authorizing The Purchase Of A 2019 6-8 Yard Dump Truck For The Pipebursting Crew In The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, Through The GoodBuy Cooperative Program, In The Total Amount Of $73,434.00. Funds Are Available In Capital Equipment Account No. 625-1801-532.93-05 (10) P.R. No. 20557 — A Resolution Authorizing The Purchase Of A 2019 6-8 Yard Dump Truck For The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, Through The GoodBuy Cooperative Program, In The Total Amount Of $73,434.00. Funds Are Available In Capital Equipment Account No. 625-1801-532.93-05 (11) P.R. No. 20559 — A Resolution Authorizing The Police Department To Purchase 18 Motorola APX60000 Portable Radios And Accessories From Motorola Solutions Under HGAC Contract #RA05- 15 With Funds Awarded From The 2018 State Homeland Security Program-Law Enforcement Terrorism Prevention Program (SHSP- LETPP) Grant In The Amount Of $77,717.16 With No Cash Match Requirement (12) P.R. No. 20566 — A Resolution Authorizing The Purchase Of Police Equipment, Accessories And Ammunition From G.T. Distributors Of Austin, Texas, Under BuyBoard Contract With A Projected Budgetary Impact Of $94,600.00 Funds Available In Police Minor Equipment Account No. 001-1101-521.25-00 ($64,600.00) And Police Other Supplies — Material Account No. 001-1101-521.29-00 ($30,000.00) (13) P.R. No. 20569 — A Resolution Authorizing The Purchase Of One (1) 2019 Dodge Durango SXT RWD (WDDL 75) SUV From Mid-County Chrysler Dodge Jeep Of Port Arthur, Texas, In The Amount Of $25,977.00 For The Planning And Zoning Division; Funding Available In Account No. 625-1801-517.93-00 5 AGENDA NOVEMBER 20, 2018 VI. CONSENT AGENDA — CONTINUED (14) P.R. No. 20571 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $11,233.58 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Trash Unit #2206 (15) P.R. No. 20572 — A Resolution Authorizing The Interim City Manager To Apply For Harvey Disaster Hazard Mitigation Grants With The Texas Division Of Emergency Management; Total Project Costs Of Up To $36,785,150.00 With A Potential Grant Award Of 75% Of Project Cost And A Grant Match Requirement Of Up To 25% Of The Project Cost (16) P.R. No. 20573 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And Norman Highway Constructors Of Orange, Texas For The Storm Sewer Improvements Along Woodworth Blvd. From 7th Street To Thomas Blvd., Increasing The Contract Amount By $270.83 To A New Total Of $1,186,998.83. Funding Is Available In Account No. 145-1201-532.59-00, GLO Round 2.2 Program And Account No. 307-1601-591.86.00, Capital Improvement Account (17) P.R. No. 20574 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract Between The City Of Port Arthur And Excavation And Construction, LLC Of Port Arthur, TX, For The Bluebonnet Avenue Street Improvements From Gulfway Drive To 19th Street, Decreasing The Contract Amount By $5,398.03 To A New Contract Amount Of $1,309,229.88. Funding Is Available In The Capital Improvements Account No. 307-1601- 591.86.00 (18) P.R. No. 20577 — A Resolution Approving The Award Of A Bid By The City Of Port Arthur Section 4A Economic Development Corporation To S&S Investigations & Security, Inc., Of Groves, Texas For Security Guard Services To Serve The Spur 93 Business Park In The Annual Not To Exceed Amount Of $96,624.00. Funding Available In EDC Account No. 120-1429-582.59-02 6 AGENDA NOVEMBER 20, 2018 VI. CONSENT AGENDA — CONTINUED (19) P.R. No. 20578 — A Resolution Approving Funding Of $5,000.00 From The City Of Port Arthur Section 4A Economic Development Corporation To The Southeast Texas Economic Development Foundation (SETEDF) For The Assistance Of The Regional Economic Development Initiative (REDI) To Coordinate The Regional Economic Development Efforts For The Region Of Hardin, Jefferson And Orange Counties; Account No. 120-1429-582.59-05 (20) P.R. No. 20579 — A Resolution Approving Payment In The Not To Exceed Amount Of $42,377.65 For The TCEQ Annual Water System Fee For The City Of Port Arthur, Water Utilities Department, Water Purification Division Account No. 410-1252-532.59-01, Regulatory Services (21) P.R. No. 20580 — A Resolution Approving The Purchase Of Six (6) Hewlett Packard Workstations And Hardware From Southern Computer Warehouse For The Office Of The City Of Port Arthur Section 4A Economic Development Corporation; Funds Available In EDC Account No. 120-1429-582.92-00 (22) P.R. No. 20582 — A Resolution Authorizing The City Manager To Purchase Library Shelving For The Library From Educator's Depot Of Sugar Land, Texas, Through The Texas Buyboard Cooperating Purchasing Contract No. 503-16, With The Projected Budgetary Impact Amount Of $86,041.91. Shelving Will Be Funded With Hurricane Harvey Account No. 147-2300-901.91-00, Project No. 082617 Then Be Reimbursed Through TMLIRP (23) P.R. No. 20583 — A Resolution Authorizing Emergency Repairs To The Retention Pond Screens At The Montrose Pump Station From STI Group — Southeast Texas Industries, Inc., Of Buna, Texas, In The Projected Amount Of $72,500.00; Funds Are Available In The Public Works Department Drainage Division — Drainage Maintenance Account, Account No. 001-1204-531.34-00 AGENDA NOVEMBER 20, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20460 — A Resolution Authorizing The January 1, 2019 Regularly Scheduled Council Meeting Date To Be Rescheduled (2) P.R. No. 20529 — A Resolution In Support Of A Proposal To J.P. Morgan Chase Advancing Cities Grant, Under The Guidance Of The Port Arthur Higher Education Foundation (3) P.R. No. 20575 — A Resolution Approving An Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And George Khalaf, Michael Khalaf And John Ganim D/B/A Gulfway Plaza (4) P.R. No. 20576 — A Resolution Approving A Technical Assistance Agreement Between The City Of Port Arthur, Texas, The City Of Port Arthur Section 4A Economic Development Corporation And National Development Council For The Period Of November 30, 2018 Through November 29, 2019 In An Amount Not To Exceed $72,000.00; Account No. 120-142-582.54-11 B. Ordinances — Non-Consent (1) P.O. No. 6737 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $13,325.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Property Damage To Police Vehicle #1866 (2) P.O. No. 6741 — An Ordinance Designating Monday, December 24, 2018, As A Legal Holiday 8 AGENDA NOVEMBER 20, 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 Receive Legal Advice And Consultation, With The City Attorney Related To The City's Implementation Of Employment And Labor Law Practices And Potential Litigation (2) Section 551.072 Government Code — To Discuss With The City Attorney Pending Litigation Tekoa Charter School Inc., D/B/A Tekoa Academy Of Accelerated Studies S. T. E. M. School v. City Of Port Arthur (3) Section 551.072 Government Code — To Discuss The Value Of The Land Located At The Babe Zaharias Golf Course (4) Section 551.072 Government Code — To Discuss The Value Of The Land Located At 3501 Cultural Drive Also Known As The Texas Artist Museum (TAMS) (5) Section 551.072 Government Code — To Discuss With The City Attorney Potential Litigation With ICON Builders LLC 9 AGENDA NOVEMBER 20, 2018 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (6) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Gulfway Plaza) (7) Section 551.072 Government Code — To Discuss With The City Attorney Pending Litigation Wolf v. City of Port Arthur (8) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The Interim City Manager *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 November 21, 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 *************************************************** l0 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 Councit 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. S. 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.