HomeMy WebLinkAboutDECEMBER 18, 2018 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MA1 OR
Energy HARVEY ROBINSON
THOMAS J. KINLAH` III,MANOR PRO TEM City of - c'n' INTERIM CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRET:kRY
CAL J.JONES urt rthur
HAROLD DOUCET,SR. VAL TIZENO
CHARLOTTE MOSES Tc.xrzs CITY ATTORNEY
KAPRINA FRANK
AG E N DA
City Council
Regular Meeting
December 18, 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
December 18, 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
A Proclamation For The Honorable Judge Donald J. Floyd
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Michael Hargis, Consultant For The Golden Triangle Empowerment
Center Regarding Free Workforce Training Program
B. Presentations
(1) A Presentation By Dean Harryman Regarding Viking Ambulance
Service (Requested By Councilmember Jones)
(2) A Presentation By Finance Director Andrew Vasquez Regarding The
October 2018 Monthly Financial Report
AGENDA
DECEMBER 18, 2018
III. PETITIONS & COMMUNICATIONS — CONTINUED
(3) A Presentation By Staff Regarding The Babe Zaharias Golf Course
Drainage Project
(4) Presentation By Ronnie Moon Regarding Pleasure Island Update
(Requested By Councilmember Jones)
C. Employee Recognition — None
D. Correspondence — None
E. Discussion — None
IV. PUBLIC HEARINGS — 9:00 A.M. — NONE
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Withdrawn For Individual Consideration In Its Normal Sequence After The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. Travel Request — None
B. Expense Reports
(B1) Mayor Derrick Freeman:
National League Of Cities / City Summit
Los Angeles, CA
November 6 — 11, 2018 $3,245.95
AGENDA
DECEMBER 18, 2018
VI. CONSENT AGENDA — CONTINUED
C. Minutes
November 20, 2018 Regular Meeting
December 4, 2018 Special Executive Meeting
December 4, 2018 Regular Meeting
D. Resolutions
(1) P.R. No. 20424 — A Resolution Ratifying The Emergency Repair Of
An Alfa Laval Centrifuge By Andritz Separation, Of Pittsburg, Texas
In The Amount Of $51,450.00, Account No. 410-1252-532.42-00
(Equipment Maintenance)
(2) P.R. No. 20445 — A Resolution Approving A Training Agreement
Between The City Of Port Arthur Section 4A Economic Development
Corporation And Lamar State College Port Arthur For Tuition
Reimbursement For Five (5) Port Arthur Resident High School
Graduates Attending A Two-Year Associate Degree Program. EDC
Account No. 120-1429-582.59-07
(3) P.R. No. 20471 — A Resolution Approving The Asset Relocation
Agreement With Port Arthur LNG Holdings, LLC And The City Of
Port Arthur For The Purpose Of Relocating Existing Water
Distribution Lines To New Utility Easements Within Their Property
For Future Development
(4) P.R. No. 20546 — A Resolution Ratifying Emergency Repairs To Unit
Number 2120 Residential Collections Garbage Truck, For Public
Works Department, Solid Waste Division From Vanguard Truck
Center Of Houston, Texas, In The Total Amount Of $41,695.94.
Funding Is Available In Emergency Management Account Number
147-2300-901.43-00, Project Number 082617
AGENDA
DECEMBER 18, 2018
VI. CONSENT AGENDA — CONTINUED
(5) P.R. No. 20590 — A Resolution Authorizing The City Manager To
Execute Change Order No. 02 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, Increasing The Contract Amount By $83,085.64 To A New
Contract Amount Of $1,282,034.64, Funding Is Available In GLO
Round 2.2 Program, Project No. I22W8, Account No. 145-1201-
532.59-00, $531,215.00 And Project No. I22W8, Capital
Improvements Account 307-1601-591.86.00, $750,819.64
(6) P.R. No. 20594 — A Resolution Authorizing Acceptance Of The
Engineer's Certificate Of Completion, Contractor's Affidavit Of
Payments Of Debts And Claims, Contractor's Certificate And
Release, Contractor's Certificate Of Guarantee For The Storm Sewer
Improvements Along Woodworth Boulevard And Authorizing The
City Manager To Sign The Certificate Of Acceptance On Behalf Of
The City Of Port Arthur, Texas; And Approval Of Final Payment To
Norman Highway Constructors Of Orange, Texas In The Amount Of
$37,488.26 From The GLO Round 2.2 Program, Account No. 145-
1201-532.59-00 And Release Of Retainage In The Amount Of
$59,349.94
(7) P.R. No. 20595 — A Resolution Authorizing The Second Renewal,
Final Year Of An Annual Contract With Double W. Services, L.L.C.,
Of Meridian, Texas For The Repair And Refurbishing Of Refuse
Containers With A Projected Budgetary Impact In The Amount Of
$50,000.00; Funds Are Available In The Public Works Department
Solid Waste Container Service Division — Other Contractual Services
Account No. 403-1273-553.59-00
(8) P.R. No. 20597 — A Resolution Ratifying Additional Emergency
Repairs To Unit Number 1924, A 2012 Street Sweeper, For Public
Works, Drainage Division From Beaumont Freightliner, Beaumont,
Texas In The Amount Of $19,895.39. Funding Is Available In
Emergency Management Account Number 147-2300-901.42-00,
Project Number 082617
4
AGENDA
DECEMBER 18, 2018
VI. CONSENT AGENDA — CONTINUED
(9) P.R. No. 20599 — A Resolution Authorizing The City Manager To
Negotiate A Contract With Huitt-Zollars Of Houston, Texas For
Engineering And Design Services For The Building Expansion And
Charging Infrastructure Located At 320 Dallas Avenue, Port Arthur,
Texas. Funding Is Available In Account 401-1509-561.82-00
(10) P.R. No. 20600 — A Resolution Rescinding Resolution No. 18-448
In Its Entirety, Which Authorized The Purchase Of A Fusion
Machine For The Water Utilities Department From Technology
International Of Lake Mary, Florida In The Amount Of $80,770.00,
And Authorizing The Purchase Of A Fusion Machine From Secor Of
Houston, Texas, In The Amount Of $73,472.77; Funding Available
In The Water Utilities Account No. 625-1801-532.92-01, Equipment
(11) P.R. No. 20601 — A Resolution Authorizing The Purchase Of HDPE
Pipe For The Water Utilities Department From Rural Pipe & Supply
Of Jasper, Texas, For The Total Amount Of $116,850.00; Funds Are
Available In Water Utilities Account No. 410-1255-532.33-00, Sewer
System Maintenance
(12) P.R. No. 20602 — A Resolution Awarding A Bid And Authorizing The
City Manager To Execute A Contract Between LD Construction Of
Beaumont, Texas And The City Of Port Arthur, Texas For The
Reclamation And Road Resurfacing Projects For Marshall Avenue
(10th Street South To Gulfway Drive North); 5th Street (Williams
Ave. West To Duff Drive East); 42nd Street (9th Avenue West To
Wentworth Avenue East); 3rd Avenue (32nd Street South To 35th
Street); And 54th Street (Garnett Avenue West To W. Port Arthur
Road East); Funding Is Available In Capital Projects-Streets Account
No. 307-1601-591.86-00 In The Amount Of $379,445.00 And The
Streets/Street Maintenance Projects EDC Account 307-1601-
591.86-01 In The Amount Of $191,438.50, With A Total Contract
Price Of $570,883.50
(13) P.R. No. 20603 — A Resolution Authorizing The Director Of Pleasure
Island To Serve As The Designated Signatory For All Future
Pleasure Island Marina Boat Slip Rental Lease Agreement And
Ratifying All Previous Lease Agreement Executed By The
Department Of Pleasure Island
5
AGENDA
DECEMBER 18, 2018
VI. CONSENT AGENDA — CONTINUED
(14) P.R. No. 20610 — A Resolution Authorizing Acceptance Of The
Engineer's Certificate Of Completion, Contractor's Affidavit Of
Payments Of Debts And Claims, Contractor's Certificate And
Release, Contractor's Certificate Of Guarantee For The City Street
Improvements Along Bluebonnet Avenue And Authorizing The City
Manager To Sign The Certificate Of Acceptance On Behalf Of The
City Of Port Arthur, Texas; And Approval Of Final Payment To
Excavation & Construction, LLC Of Port Arthur, Texas In The
Amount Of $44,259.95 From The Capital Improvements Account,
Account No. 307-1601-591.86-00 And Release Of Retainage In The
Amount Of $65,059.09
(15) P.R. No. 20611 — A Resolution Authorizing The Procurement Of
Parts For Repairs To Unit Number 1896, A 2012 Caterpillar Dozer,
For Public Works Department, Landfill Division From Mustang CAT
Of Beaumont, Texas, In The Amount Of $30,686.18. Funding Is
Available In Solid Waste Landfill Account No. 403-1274-533-43.00
(16) P.R. No. 20613 — A Resolution Authorizing The City Manager To
Execute An Agreement With Traylor And Associates, Inc., For The
Administration Of The Community Development Block Grant
Disaster Recovery — Hurricane Harvey Infrastructure Program In An
Amount Not To Exceed $632,500.00; Account #148-2300-901-
59.00
(17) P.R. No. 20614 — A Resolution Authorizing The City Manager To
Prepare A Request For Proposals In Order To Facilitate The Sale Of
Real Property Located At Port Plaza Drive And Medical Center
Boulevard Pursuant To Section 252.008 Of The Texas Local
Government Code
(18) P.R. No. 20615 — A Resolution Authorizing The City Manager To
Enter Into A Municipal Water Supply Contract With The Lower
Neches Valley Authority
6
AGENDA
DECEMBER 18, 2018
VI. CONSENT AGENDA — CONTINUED
(19) P.R. No. 20616 — A Resolution Authorizing The Second And Final
Year Renewal Of Contract For The Purchase Of Water And
Wastewater Treatment Chemicals For The Water Utilities
Department With Shrieve Chemical Co., Brenntag Southwest, Inc.,
DXI Industries, Inc., Pencco, Inc., And Shannon Chemical Corp.
With A Projected Budgetary Impact Of $396,559.50. Budgeted
Funds Are Available In The Water Purification And Wastewater
Treatment Divisions Account Nos. 410-1252-532.29-02 & 410-
1256-532.29-02, Treatment Chemicals
(20) P.R. No. 20618 — A Resolution Authorizing The City Manager To
Execute Change Order No. 01 To The Contract Between The City
Of Port Arthur And Excavation And Construction LLC Of Port Arthur,
Texas, Increasing The Contract Amount By $50,062.65 To A New
Contract Amount Of $303,449.52 And Authorizing Acceptance Of
The Engineer's, Certificate Of Completion, The Contractor's
Certificate Of Guarantee, Contractor's Affidavit Of Payments Of
Debts And Claims, Contractor's Affidavit Of Release And Execute
The Certificate Of Acceptance And Release The Retainage In The
Amount Of $15,172.48 For The EDC Water Main Project Along 5th,
6th And 7th Street Between Atlanta Avenue And Nashville Avenue;
Funding Is Available In EDC Account No. 120-1429-582.59-05,
Other Contractual Services/4B Development
(21) P.R. No. 20620 — A Resolution Authorizing The City Manager To
Enter Into An Agreement With Brystar Contracting, Inc., Of
Beaumont, Texas To Provide 5800 LF Of Ditchline Clearing In The
Stonegate Area In The Amount Of $33,900.00. Funds Are Available
In The Public Works Department, Drainage Division Account No.
001-1204-531.34-00
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 20606 — A Resolution Approving Amendment No. 1 To The
Economic Development Conditional Grant Agreement Between The
City Of Port Arthur Section 4A Economic Development Corporation
And Joe's Shopping Plaza, LLC
AGENDA
DECEMBER 18, 2018
VI. CONSENT AGENDA — CONTINUED
B. Ordinances — Non-Consent
(1) P.O. No. 6744 — An Ordinance Amending Chapter 86 (Solid Waste),
Article III (Refuse), Section 79 (Who May Collect And Dispose Of
Refuse) And Chapter 110 (Utilities), Article IV (Billing And Collection
Procedure), Section 252 (Authority To Require Advance Payment
Before Connecting), Of The Code Of Ordinances Of The City Of Port
Arthur, As It Pertains To Security Deposits For Landfill And Water
Accounts For Residential And Commercial Customers, And Providing
For Publication
(2) P.O. No. 6745 — An Ordinance Authorizing The Sale Of Surplus
Furniture/Minor Equipment, Vehicles, Equipment, Or Heavy
Equipment By A Public Online Auction Through Rene Bates
Auctioneers, Inc.
ti
AGENDA
DECEMBER 18, 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 Pending Contracts,
Claims, And Other Legal Matters
(2) Section 551.071 Government Code — To Discuss With The City
Attorney Pending Litigation Regarding Cause No. A-200903
(3) Section 551.071 Government Code — To Discuss With The City
Attorney Pending Litigation Regarding Cause No. E-200319; City Of
Port Arthur V. German Pellets Texas, LLC And Texas Pellets, Inc.
(4) Section 551.072 Government Code — To The Discuss The Value Of
Land Located At The Babe Zaharias Golf Course
(5) Section 551.072 Government Code — To Discuss The Value Of The
Land In The City's Extraterritorial Jurisdiction
(6) Section 551.074 Government Code — To Discuss The Duties And
Responsibilities Of The Director of Public Services
9
AGENDA
DECEMBER 18, 2018
VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED
(7) Section 551.087 Government Code — To Discuss Economic
Development Incentives In The Industrial District/ETJ
(8) Section 551.087 Government Code — To Discuss Incentives For
Commercial, Residential, And/Or Industrial Business Prospects In
The Downtown Area
(9) Section 551.087 Government Code — To Discuss Incentives For
Commercial, Residential, And/Or Industrial Business Prospects
(Joe's Shopping Plaza, LLC)
(10) Section 551.074 Government Code — To Discuss The Duties And
Responsibilities Of The 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 December 19,
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 fPet, 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.