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HomeMy WebLinkAboutFEBRUARY 26, 2019 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAYOR Energy HARVEY ROBINSON THOMAS J. KINLAW III,MAYOR PRO TEM City of - <<nINTERIM CITY MANAGER COUNCIL MEMBERS: API BELLARD,TRMC RAYMOND SCOTT.JR. �-�� CITY SECRETARI' CAL J.JONES ort rthur HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES Trtn.c CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting February 26, 2019 5 :30 p. 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 February 26, 2019 5:30 P.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 Police Chief Duriso Or Designee II. PROCLAMATIONS III. PETITIONS & COMMUNICATIONS A. Speakers (1) William Wells Regarding Fees From Aquila Golf (2) Ellis Allen Regarding The Beautification Commission (3) Lou Braxton Regarding Supportive Programming (4) Terell Samuel Regarding Trench Work B. Presentations — None C. Employee Recognition — None D. Correspondence — None i AGENDA FEBRUARY 26, 2019 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion (1) A Discussion Regarding The Duties, Operation, Goals, Objectives And Grant Application Of The Pleasure Island Advisory Board IV. PUBLIC HEARINGS — 6:00 P.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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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) City Attorney Val Tizeno: Family And Medical Leave Act Master Class For Texas Employers Houston, TX January 22, 2019 $625.87 (B2) Judge Kermit C. Morrison, Jr: Texas Municipal Courts Education Center Annual Regional Judges Seminar Galveston, TX February 3 — 5, 2019 $439.58 AGENDA FEBRUARY 26, 2019 VI. CONSENT AGENDA — CONTINUED (B3) Mayor Pro Tern Thomas Kinlaw, III: Golden Triangle Days Austin, TX February 11 — 13, 2019 $1,268.36 (B4) Councilmember Cal J. Jones: Golden Triangle Days Austin, TX February 11 — 13, 2019 $565.35 (B5) Councilmember Charlotte Moses: Golden Triangle Days Austin, TX February 11 — 13, 2019 $1,315.40 (66) City Attorney Valecia Tizeno: Golden Triangle Days And Legislative Meeting Austin, TX February 11 — 12, 2019 $906.76 (B7) City Secretary Sherri Bellard: TMCCP Election Law Seminar Frisco, TX January 22 — 25, 2019 $1,402.49 (B8) Assistant City Secretary Kelly Moore: TMCCP Election Law Seminar Frisco, TX January 22 — 25, 2019 $1,402.49 C. Minutes — None AGENDA FEBRUARY 26, 2019 VI. CONSENT AGENDA — CONTINUED D. Resolutions — Consent (1) P.R. No. 20598 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Performance Contracting Agreements For Phase III, Which Terminates The Performance Assurance Services Program Between The City Of Port Arthur And Siemens Industry, Inc., Building Technologies Division (2) P.R. No. 20612 — A Resolution Authorizing The Purchase Of One (1) Briggs JCB Backhoe With Attachments From Briggs Equipment Of Beaumont, Texas, For A Total Of $64,456.50 Through Sourcewell (Formerly National Joint Powers Alliance) Cooperative Purchasing Program Contract Number 042815-JCB. Budgeted Funds Are Available In Account No. 625-1801-532.92-03 (3) P.R. No. 20619 — A Resolution Authorizing The City Manager To Enter Into A Contract With Southern Tire Mart Of Beaumont, Texas, Through The BuyBoard Cooperative Purchasing Program, Contract No. 470-14, For The Purchase Of Tires And Tubes, With A Projected Budgetary Impact Of $400,000.00; Funding Available In Departmental Accounts Delineated In The Resolution (4) P.R. No. 20663 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts That Exceeded $5000.00 Due To Equipment Malfunction (5) P.R. No. 20681 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Greenscapes Six, LLC Of Baytown, Texas For Repairs To The Parking Lot At The Port Arthur Public Library, Increasing Existing Contract By $16,110.00 To A New Contract Amount Of $150,065.00; Project Will Be Funded With Hurricane Harvey Account No. 147-2300-901.32-00, Project No. 082617 4 AGENDA FEBRUARY 26, 2019 VI. CONSENT AGENDA — CONTINUED (6) P.R. No. 20686 — A Resolution Authorizing The Second Year (Final Renewal) Of Contracts Between The City Of Port Arthur And Brenntag Southwest, Inc., And Airgas Specialty Products, Inc., For The Purchase Of Water And Wastewater Treatment Chemicals For The Water Utilities Department, With A Projected Budgetary Impact Of $175,000.00. Budgeted Funds Are Available In Water Purification And Wastewater Treatment Divisions, Account Nos. 410-1252-532.29-02 & 410-1256-532.29-02, Treatment Chemicals (7) P.R. No. 20687 — A Resolution Authorizing The Return Of Unused Supplemental Environmental Project Funds To The Texas Commission On Environmental Quality, $106,439.87 From Account No. 135-8999-531.99-00, Energy Grant Other Expenses, And $165,992.26 From 625-8999-531.99-00, Capital Reserve Fund Other Expenses (8) P.R. No. 20689 — A Resolution Authorizing The City Manager And Fire Chief To Transfer A 1948 Historic Aerial Fire Truck To The International Association Of Fire Fighters Local 397 (9) P.R. No. 20690 — A Resolution Authorizing The City Manager To Execute Settlement Of Rental Fees For An Excavator From Golden Triangle Industries, Inc. In The Amount Of $5,538.75 Made Against Liberty Mutual Insurance As A Result Of Property Damage To Streets Unit #1990 (10) P.R. No. 20691 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $15,770.64 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) For Damages To County Park Concession Stand And Dugout For Parks Department And An Outbuilding For The Port Arthur Public Library As A Result Of Hurricane Harvey (August 30, 2017) 5 AGENDA FEBRUARY 26, 2019 VI. CONSENT AGENDA — CONTINUED (11) P.R. No. 20693 — A Resolution Authorizing The City Manager To Make A Payment To The Texas Commission On Environmental Quality (TCEQ) The Fourth Quarter Fee For Landfill Disposal With A Not To Exceed Amount Of $64,401.53. Funding Is Available In Account No. 403-1274-533.59-01, Public Works Department Landfill Division — Regulatory Fees/Fines (12) P.R. No. 20694 — A Resolution Authorizing The Contract For The Purchase Of 50% Sodium Hydroxide To Be Used At The Water Treatment Plant Of The Utilities Department From Brenntag Southwest, Inc. Of Lancaster, Texas With A Total Projected Budgetary Impact Of $81,055.00. Funds Are Available In Utilities Account No. 410-1252-532.29-02, Treatment Chemicals (13) P.R. No. 20695 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And The Port Arthur American Little League For The Use Of Virginia/Sal Grado Field At Pioneer Park (14) P.R. No. 20696 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And SCS Engineers Of Bedford, Texas, For Professional Services Pertaining To Building Design Services Associated With The Construction Of A New Scale House And Associated Parking At The City Of Port Arthur Municipal Landfill. Funds Are Available In The Capital Equipment Replacement Solid Waste Equipment Account No. 625-1801-533. 92-00 (15) P.R. No. 20698 — A Resolution Authorizing The City Manager To Enter Into A Contract With GT Distributors, Inc., Of Austin, Texas, Under A BuyBoard Contract, For The Purchase Of Uniforms For The Fire Department, With A Projected Budgetary Impact Of $42,000.00; Funding Available In Fire Department Account No. 001-1121-522.26-00 6 AGENDA FEBRUARY 26, 2019 VI. CONSENT AGENDA — CONTINUED (16) P.R. No. 20699 — A Resolution Authorizing The City Manager To Purchase Firefighting Protective Coats, Trousers, Boots, And Helmets From Casco Industries Of La Porte, Texas, Under BuyBoard Contract No. 524-17, With A Projected Budgetary Impact Of $95,875.00; Funding Available In Fire Department's Uniform And Bunker Account No. 001-1121-522.26-00 (17) P.R. No. 20700 — A Resolution Authorizing The Purchase Of One 18x5 90HP Boat With Motor And Trailer For The Fire Department From County Home & Outdoors Of Nederland, Texas, In The Amount Of $27,043.51; Funding Is Available In Fire / Motor Vehicle Account Number 625-1801-522.93-00 (18) P.R. No. 20701 — A Resolution Authorizing The City Manager To Apply For Fiscal Year 2019 Law Enforcement Terrorism Prevention Activity Program (SHSP-LETPA) Funding With No Grant Match Requirement (19) P.R. No. 20703 — A Resolution Authorizing The City Manager And Fire Chief To Transfer An Aluma Tower Portable Aluminum Antenna Tower Trailer To The Southeast Texas Regional Advisory Council (20) P.R. No. 20704 — A Resolution Authorizing Change Order No. 01 To The Agreement Between The City Of Port Arthur And Mike Barnett Construction Of Port Neches, Texas For Securing And Repairing Of A Section Of The Mansard Roof At The Ryman Building Increasing The Agreement By $450.00 To A New Total Of $25,230.00; Funding Available In Civic Center Account No. 001-1061-518-32-00 (21) P.R. No. 20705 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For Approximately 0.5018- Acre Of Land, All Of Lots 5 And 6, Block 1, Armstrong Place, City Of Port Arthur, Jefferson County, Texas (22) P.R. No. 20706 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For Approximately 0.9693- Acre Of Land Consisting Of Lots 6, 7, And 9, Block 16, Boulevard Terrace, City Of Port Arthur, Jefferson County, Texas AGENDA FEBRUARY 26, 2019 VI. CONSENT AGENDA — CONTINUED (23) P.R. No. 20708 — A Resolution Authorizing The City Manager To Negotiate A Contract With Freese And Nichols, Inc., Of Pearland, Texas For Environmental Consulting Services For Local Limit Development. Funding Available In Environmental Regulatory Service Account No. 410-1260-532.54-00 (24) P.R. No. 20709 — A Resolution Authorizing Amendment No. 2 To The Community Development Program By Reallocating Funds In The Amount Of $260,000 ($200,000 From 2017 Program Year And $60,000 From 2018 Program Year) From The Onsite/Off-Site Infrastructure Projects; $140,116 ($50,000 From 2017 Program Year And $90,116 From The 2018 Program Year) From The Housing Down Payment Assistance Program; And $80,000 From The 2018 Site Clearance/Demolition Projects To The Housing Rehabilitation And Reconstruction Project To Assist With CDBG Timeline Requirements (25) P.R. No. 20710 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And SKR Construction Of Port Arthur, Texas For The North Pedestrian Bridge Repair Project At The Babe Zaharias Golf Course Increasing The Contract Amount By $1,881.00 And Increasing The Contract Time By 4 Days For A New Contract Amount Of $28,988.00 And New Ending Date Of March 15, 2019 Funding Available In Golf Course Fund Account No. 103-2001- 601.87-00 (26) P.R. No. 20719 — A Resolution Authorizing The City Manager To Negotiate A Contract With Hoopla Advertising Of Port Arthur, Texas For Marketing Consulting Services For F.O.G. (Fats, Oils, And Grease) Program Kick-Off And Initiative. Funding From Water Administration Fund Account No. 410-1251-532.54-00 8 AGENDA FEBRUARY 26, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20651 — A Resolution Authorizing The Execution Of An Agreement For Independent Contractual Services Between The City Of Port Arthur And Thomas Gill, As Field Trainer For The City's Public Works Department, Streets And Drainage Divisions, For An Additional Three (3) Months At A Rate Of $8,300.00 Per Month. The Total Contract Amount Will Not Exceed $24,900. Funding Available In The Public Works Account No. 001-1203-531.54-00, Professional Services (2) P.R. No. 20676 — A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On Approximately 12.024 Acres Of Land Consisting Of Tract I, 7.650 Acres Of Land Out Of Lots 16 And 28, Peek Addition And Tract II, 4.374 Acres Of Land Out Of Lots 41 & 55, Peek Addition (Located South Of F.M. Highway 365 And East Of Davis Avenue), Port Arthur, Jefferson County, Texas (3) P.R. No. 20677 — A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On Approximately 9.738 Acres Of Land Consisting Of Tract B-1, Dennis Gahagen League, Abstract No. 123, Pleasure Island (Located At 3890 Martin Luther King, Jr. Drive), Port Arthur, Jefferson County, Texas (4) P.R. No. 20692 — A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On Approximately 15.864 Acres Of Land Consisting Of Tract 6-A And Lots 3 And 5, Camellia Plaza (Located On The Northwest Corner Of State Highway 73 And West Port Arthur Road), Port Arthur, Jefferson County, Texas B. Ordinances — Non-Consent (1) P.O. No. 6754 — An Ordinance Amending Chapter 110 (Utilities), Section 110-97 Of The Code Of Ordinances Of The City Of Port Arthur, As It Pertains To Procedures For Adjustment Of Water Bills For Residential And Commercial Customers, And Providing For Publication 9 AGENDA FEBRUARY 26, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.O. No. 6755 — An Ordinance Of The City Of Port Arthur, Texas, Adopting An Updated Official Map For The City Of Port Arthur; Providing For Maintenance And Filing Of The Official Map; And Providing For Related Matters (3) P.O. No. 6756 — An Ordinance Authorizing The Retirement Of Police Canine "Chuy" And Transferring The Ownership Of The Canine To The Personal Care Of Detective Peter Croak VIII. 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 February 27, 2019. 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 ************************************************************ f 10 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.