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HomeMy WebLinkAboutAPRIL 23, 2019 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAN OR -- REBECCA UNDERHILL THOMAS J.KINLAW III,MAYOR PRO TEM City of INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES �> >'1 1-11111 /- HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES re la's CITY ATTORNEY KAPRINA FRANK AGENDA N City Council Regular Meeting April 23, 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 April 23, 2019 5:30 PM 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 Underhill City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Sarah Hawes, Regarding Proposal To Purchase A Shredder For The City Landfill (2) Dwight Fobbs Regarding Bellaire Park (3) Sam Eaglin Regarding Local Business / Motiva (4) John Beard Jr. Regarding Pleasure Island Development And Issues B. Presentations — None C. Employee Recognition — None i AGENDA APRIL 23, 2019 III. PETITIONS & COMMUNICATIONS — CONTINUED D. Correspondence — None E. Discussion (1) To Discuss And Possibly Take Action With Regard To The Selection Procedure As It Pertains To The City Manager Search Process (2) A Discussion Pertaining To Pleasure Island In Reference To The Joint Pleasure Island/City Council Meeting Held On February 26, 2019. (Requested By Councilmember Doucet) 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 — None C. Minutes — None 2 AGENDA APRIL 23, 2019 VI. CONSENT AGENDA — CONTINUED D. Resolutions (1) P.R. No. 20669 — A Resolution Authorizing The City Manager To Execute The Third Year (Final Renewal) Of The Contract With Core And Main (Formerly HD Supply) Of Beaumont, Texas, For The Purchase Of Repair Clamps For The Utility Operations Department, With An Annual Projected Budgetary Impact Of $162,409.39. Funding Is Available In Account Nos. 410-1253-532.35-00 (Water System), & 410-1255-532.33-00, (Sanitary Sewer System) (2) P.R. No. 20707 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Freese And Nichols, Inc., For Professional Services For Geographic Information System (GIS) Server And Database Maintenance And GIS Tasks To Support The National Flood Insurance Program (NFIP)/Community Rating System (CRS) Activities And Additional Services As Authorized By The City In The Not-To-Exceed Amount Of $25,000.00; Funding Available In GIS Professional Services Account No. 001-1050-517 .54-00. (3) P.R. No. 20736 — A Resolution Authorizing The City Manager To Execute A Contract Between Hoopla Advertising Of Port Arthur, Texas And The City Of Port Arthur, Texas For Marketing And Consulting Services For F.O.G. (Fats, Oils, And Grease) Program Kick-Off And Initiative With A Projected Budgetary Impact Of $35,800.00 Plus Three (3) Months Of Advertisement At A Cost $7,600.00 Per Month. Funding Is Available From Water Administration Fund Account No. 410-1260-532.54-00 (4) P.R. No. 20743 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Freese And Nichols, Inc., Of Texas, Through H-GAC Plan Source: Professional Planning Service Program, For Professional Services In Connection With Developing A New Zoning Ordinance For The City Of Port Arthur In An Amount Not To Exceed $178,500.00. Funding Available In Planning Professional Services Account No. 001-1051-517.54-00 AGENDA APRIL 23, 2019 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 20775 — A Resolution Authorizing The City Manager To Execute Amendment No. 2 To The Contract Between The City Of Port Arthur And Berg Oliver Associates, Inc. Of Houston, Texas, For Additional Environmental Assessments At Bryan Park; Increasing The Contract Amount By $3,251.00 For Additional Soil Samples And Soil Deposit Fee, To A New Contract Total Of $15,908.00; Funding Available In Hurricane Harvey Account No. 147-2300-91.54-00, Project No. 082617 (6) P.R. No. 20777 — A Resolution Authorizing The City Manager To Execute Contracts For Mowing Of Various City Properties, Parks & Right-Of-Ways Between The City Of Port Arthur And DMJ Landscaping Of Port Arthur, Texas For Groups 1 & 3C, Whit's Grass Cutting Of Port Arthur, Texas For Group 2, Amelia Lawn Care & Landscaping Of Groves, Texas For Group 7B, South East Texas Lawn & Maintenance Of Beaumont, Texas For Group 9, Williams Transport Of Lumberton, Texas For Groups 11 & 12, With A Projected Budgetary Impact Of $63,756.00 Per Year. Funding Available In Parks Account No. 001-1207-531.31-00 (7) P.R. No. 20781 — A Resolution Accepting A Utility Easement On The Following Tracts: TX-JE-045 And TX-JE-054 For A Transmission Line By Entergy Texas, Inc. (8) P.R. No. 20790 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract Between The City Of Port Arthur And Gulf Coast Electric Co. Inc., Of Beaumont, Texas For Electrical Repairs And Maintenance At Various Parks With An Annual Projected Budgetary Impact Of $50,000.00 Funding Available In Account 001-1207-531.39-00 And The Building Maintenance Account For Other Departments That May Use This Contract (9) P.R. No. 20795 — A Resolution Authorizing The City Manager To Execute Two (2) Contracts Between The City Of Port Arthur And The Port Arthur American Little League For The Use Of U.G. Gibson Field And Roy O'Neal Field At SSGT. Lucian Adams Park 1 4 AGENDA APRIL 23, 2019 i VI. CONSENT AGENDA — CONTINUED (10) P.R. No. 20796 — A Resolution Rescinding Resolution No. 18-243 In Its Entirety, Which Authorized The Execution Of A Homebuyer's Written Agreement For The Purchase Of 1125 5th Street, Port Arthur, Texas Through The City's Homebuyer's Assistance Program (11) P.R. No. 20798 — A Resolution Rescinding Resolution No. 18-444 In Its Entirety, Which Authorized The Execution Of A Homebuyer's Written Agreement For The Purchase Of 1118 6th Street, Port Arthur, Texas Through The City's Homebuyer's Assistance Program (12) P.R. No. 20800 — A Resolution Authorizing The City Manager To Accept An Award Of $723,800.00 From The Federal Transit Administration (FTA) For The Port Arthur Transit's Resiliency Program, With A Required Local Match Of $180,950.00; Funding Source To Be Determined In The FY20 Budget (13) P.R. No. 20802 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks Or/And Equipment Malfunction (14) P.R. No. 20807 — A Resolution Of Notification Of The City Of Port Arthur's Intent To Participate In The Texas Department Of Transportation's 2019 Transportation Alternatives (TA) And Safe Routes To School (SRTS) Grants Program (15) P.R. No. 20808 — A Resolution Authorizing The Third Year (Second And Final Renewal) Of The Contract Between The City Of Port Arthur And Crabtree Barricade Systems, Inc., Of Beaumont, Texas, For The Annual Striping Of City Streets, With An Annual Projected Budgetary Impact Of $30,000.00. Funding Is Available In Public Works - Other Contractual Service Account No. 001-1205-531.59- 00 (16) P.R. No. 20811 — A Resolution Authorizing The Calling Of A Public Hearing To Consider Whether Or Not Public Convenience And Necessity Require The Operation Of Proposed Wrecker Business, I.E., ABS Towing & Recovery 1411111111111111111111111111/ r AGENDA APRIL 23, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20782 — A Resolution Approving The Sale Of Land In The City Of Port Arthur Section 4A Economic Development Corporation's Spur 93 Business Park To KLV Ventures, Inc. (2) P.R. No. 20783 — A Resolution Authorizing A One-Year Extension Of The City Of Port Arthur Section 4A Economic Development Corporation Agreement With Legacy Community Development Corporation To Manage Its Affordable Housing Program At A Cost Not To Exceed $35,000.00 (PAEDC Funding Account No. 120-1429- 582.54-11) (3) P.R. No. 20784 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into A Janitorial Services Contract With Southeast Texas Building Services For Janitorial Services At 501 Procter For A Cost Not To Exceed $20,000.00 Per Year; Funds Available In EDC Account No. 120.1429.582.32-00 (4) P.R. No. 20785 — A Resolution Authorizing The Lease Of Office Space Located Within 501 Procter Street By The City Of Port Arthur Section 4A Economic Development Corporation To Nathan Rivers (5) P.R. No. 20797 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1125 5th Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (6) P.R. No. 20804 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation To Accept A Proposal From Construction Managers Of Southeast Texas, LLC For Temporary Lighting At 549 4th Street For A Cost Not To Exceed $13,829.88; Funds Available In EDC Account No. 305-1606-591.82- 00 Project No. EDC549 6 AGENDA APRIL 23, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent — None 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 April 24, 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 �y .y *************************************************** 1 'I I I 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.