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HomeMy WebLinkAboutJUNE 4, 2019 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR Energy � REBECCA UNDERHILL HAROLD DOUCET,SR.MAYOR PRO TEM City of cin' INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT.JR. CITY SECRE"T:XRI CAL J.JONES ort rt h It /- THOMAS J. KINLAW III Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting June 4, 2019 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 June 4, 2019 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tern Doucet, Sr. Councilmember Scott, Jr. Councilmember Jones Councilmember Kinlaw, III 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) Silvia Rangel Regarding General Concerns Of The City Of Port Arthur (2) Angela Ramirez Regarding Concerns About The City (3) Maria Castillo Regarding City Of Port Arthur Problems (4) Gil Castro Regarding Multiple Issues In The City Of Port Arthur (5) Fernando R. Ramirez Regarding Free Music Family Event At The Pavilion AGENDA JUNE 4, 2019 III. PETITIONS & COMMUNICATIONS — CONTINUED (6) Liz Torrez Regarding Streets And Prevent Accidents B. Presentations (1) A Presentation By The Port Arthur Economic Development Corporation Regarding The Summer Youth Work Program And The Lamar State College Scholarship (2) A Presentation By Staff Regarding The April 2019 Financial Report (3) A Presentation By Ellis Allen And Phyllis Charles Regarding A Port Arthur Beautification Commission Progress Report (4) A Presentation By Crime Stoppers Of Southeast Texas Regarding The Organizations And New Initiatives C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Discussion Regarding Hurricane Preparedness (Requested by Mayor Pro Tern Doucet) (2) A Discussion Regarding Personnel Vacancies (Requested by Mayor Pro Tern Doucet) IV. PUBLIC HEARINGS — 9:00 A.M. — NONE V. UNFINISHED BUSINESS (1) P.R. No. 20772 — A Resolution Authorizing The City Manager To Enter Into A Memorandum Of Understanding Between The City Of Port Arthur And The Texas Artists Museum Society, For The Management Of The Texas Artists Museum Society (TAMS) Building AGENDA 4 JUNE 4, 2019 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 D. Resolutions (1) P.R. No. 20727 — A Resolution Ratifying Payments To Gajeske, Inc., Of Houston, Texas For Pipebursting Equipment Rental For The Water Utilities Department, Wastewater Conveyance Division, Utilized Six (6) Months, For An Additional Amount Of $3,526.32, Totaling $28,136.32. Funds Available In Water And Sewer Rent Account Number 410-1255-532.51-00 (2) P.R. No. 20731 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Freese And Nichols, Inc., Of Pearland, Texas, To Perform Professional Services For The Water Utilities Department, Main And Port Acres Wastewater Treatment Plants, For The Development Of Technically Based Local Limits (TBLLs) Project, Including Special Services Project (Phase 1). This Phase Is In An Amount Not To Exceed $70,000.00 Funding Is Available In The Water Utilities Department, Regulatory Services Division, Account No. 410-1260-532.54-00, Professional Services AGENDA JUNE 4, 2019 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 20762 — A Resolution Authorizing The Police Department To Purchase A Custom Shooting Simulator System From Laser Shot Simulations Of Stafford, Texas For $26,714.00. Funds Available In Police Special Fund No., Account No. 125-1118-521.29-00 (4) P.R. No. 20766 — A Resolution Authorizing A Non-Exclusive Agreement With Latitude Catering Of Tucson, Arizona, For The Provision Of Emergency Food Services In The Event Of An Emergency Or Disaster (5) P.R. No. 20810 — A Resolution Authorizing The City Manager To Execute An Interlocal Contract With South East Texas Regional Planning Commission Relating To The Planning, Development, Operation And Provision Of 9-1-1 Service And The Use Of 9-1-1 Funds (6) P.R. No. 20826 — A Resolution Authorizing The City Manager To Enter Into An Agreement Between The City Of Port Arthur And Schaumburg & Polk, Inc., Of Port Arthur, Texas For The Roadway Design Of Sunken Court From Twin City Hwy To North Park Drive For A Design Fee Of $45,000.00 Plus $65,907.00 Construction Phase Services For An Amount Not To Exceed $110,907.00. Funding Is Available In Capital Projects/Streets Account 307-1601- 591.86.00. Project #ST1P02 And #ST1P03 (7) P.R. No. 20854 — A Resolution Authorizing The City Manager To Enter Into An Agreement To Replace Two Chiller Compressors For City Hall And The Annex With Industrial And Commercial Mechanical Of Beaumont, Texas Through The BuyBoard Contract #558-18 With A Budgetary Impact Of $25,304.00; Funding Is Available In Public Works Facilities Maintenance Account 001-1206- 531.32-00. (8) P.R. No. 20858 — A Resolution Authorizing The Purchase Of 2,000 Itron Electronic Meter Transmitters For Water Utilities Department From Republic Meter, Inc., Of Dallas, Texas, With A Total Projected Budgetary Impact Of $138,000.00 Funds Are Available In Water Utilities/Water Distribution, Account No. 410-1253-532.35-00, Water System Maintenance 4 AGENDA JUNE 4, 2019 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 20859 — A Resolution Authorizing The Purchase Of Two Flatbed Crew Trucks (One F-350 And F-450) Through The GoodBuy Purchasing Co-Op (Contract #19-8F000) For The Utilities Department For Use In The Pipebursting Crew In The Total Amount Of $90,917.75; Funds Are Available In Water Utilities Account No. 625-1801-532.92-01, Equipment (Funded By Industry) (10) P.R. No. 20860 — A Resolution Authorizing The City Manager To Enter Into A Memorandum Of Agreement With The United States Coast Guard Cutter Stingray And The City Of Port Arthur On Behalf Of Its Fire Department Regarding Fire Protection And Emergency Services (11) P.R. No. 20862 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And Gulf Coast Of Beaumont, Texas For The W. 8th Street Roadway Pavement Rehabilitation Project, Removing Contingency Bid Items And Reducing The Contract Amount By $27,767.32 To A New Contract Amount Of $1,254,267.32. Funding Is Available From GLO Round 2.2 Program, Project No. I22W8, Account No. 145-1201-532.59-00 And The Capital Improvements Account No. 307-1601-591.86-00 (12) P.R. No. 20863 — A Resolution Authorizing The City Manager To Apply To The U.S. Department Of Housing And Urban Development For A Community Development Block Grant In The Amount Of $1,088,228.00 And A Grant In The Amount Of $246,524.00 In Home Investment Partnership (Home) Funds And Authorizing The City Manager To Execute The City Of Port Arthur's 2019 Consolidated Annual Plan. The Consolidated Plan Will Be Submitted To The U.S. Department Of Housing And Urban Development (13) P.R. No. 20864 — A Resolution Approving FY 2020-2021 Contract Between The City Of Port Arthur And The Department Of State Health Services, RLSS-Local Public Health System In The Not To Exceed Amount Of $335,034.00. No Match Required 5 AGENDA JUNE 4, 2019 VI. CONSENT AGENDA — CONTINUED (14) P.R. No. 20865 — A Resolution Authorizing The City Manager To Enter Into A One-Year Agreement With Siddons-Martin Emergency Group Of Port Arthur And Houston, Texas, For Preventive Maintenance And Repair To Fire Department Fire Apparatus And Other Special Response Vehicles, With An Annual Projected Budgetary Impact Of $250,000.00; Funding Available In Fire Department Vehicle Maintenance Account No. 001-1121-522.43-00 (15) P.R. No. 20867 — A Resolution Authorizing Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1118 6th Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (16) P.R. No. 20868 — A Resolution Authorizing The City Manager To Enter Into An Agreement Between The City Of Port Arthur And Schaumburg & Polk, Inc., Of Port Arthur, Texas For The Roadway Design And Construction Management Of Lakeshore Drive Phase 3 From Stadium Drive To Williams Avenue For An Amount Not To Exceed $209,400.00. Funding Is Available In Capital Projects/Streets Account 307-1601-591.86.00. Project # ST1P44 (17) P.R. No. 20869 — A Resolution Authorizing The City Manager To Enter Into An Agreement Between The City Of Port Arthur And Schaumburg & Polk, Inc., Of Port Arthur, Texas For The Roadway Design And Construction Management Of Lakeshore Drive Phase 4 From Williams Avenue To Lakeside Drive In An Amount Not To Exceed $150,200.00. Funding Is Available In Capital Projects/Streets Account 307-1601-591.86.00. Project #ST1P45 (18) P.R. No. 20870 — A Resolution Authorizing The City Manager To Enter Into An Agreement Between The City Of Port Arthur And Schaumburg & Polk, Inc., Of Port Arthur, Texas For The Roadway Design And Construction Management Of Forest Drive Phase 1 From Evergreen Drive To Woodrow In An Amount Not To Exceed $73,400.00. Funding Is Available In Capital Projects/Streets Account 307-1601-591.86-00. Project #ST1P17 6 AGENDA JUNE 4, 2019 VI. CONSENT AGENDA — CONTINUED (19) P.R. No. 20873 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And Gulf Coast Of Beaumont, Texas For The West Rev. Dr. Ransom Howard (West 7th Street) Roadway Pavement Rehabilitation Project That Increases The Contract Amount By $25,590.03 To The New Contract Amount Of $1,468,959.10 And Increases The Contract Term By 63 Calendar Days. Funding Is Available From GLO Round 2.2 Program, Project No. I22W7, Account No. 145-1201-532.59-00 And The Capital Improvements Account No. 307-1601-591.86-00 (20) P.R. No. 20875 — A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement Between The City Of Port Arthur And Jefferson County Precinct-3 To Cut The Grass For The North And South Levees Of Pleasure Island, Repair A Portion Of S. 1st Street From The Port Authority Gate To The End Of The Street (Boat Launch) (2800'), Repair Backridge Road From The County Line To The State Line (5000') In Sabine Pass, And Permission To Use Property ID 137914 (Tracts 47 And 48, 167 John McGaffey 6, Lots 47 And 48) Cemetery Lot, With A Projected Budgetary Impact Of $77,117.57. Funding Is Available In The Public Works Maintenance Account No. 001-1203-531.36-00 (21) P.R. No. 20876 — A Resolution Authorizing The City Manager To Execute A Final Settlement Agreement And Release Of Claims Between Claremont Property Company And The City Of Port Arthur For The Demolition And Mitigation Of Fire Stations No. 5 And No. 8 AGENDA JUNE 4, 2019 VI. CONSENT AGENDA — CONTINUED (22) P.R. No. 20877 — 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 West 8th Street Roadway Pavement Rehabilitation Project From Foley Avenue To Joe Louis Avenue, Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas; And Payment Of Retainage To Gulf Coast Of Beaumont, In The Amount Of $62,713.37. Funding Available From GLO Round 2.2 Program, Project No. I22W8, Account No. 145- 1201-532.59-00 And The Capital Improvements Account No. 307-1601-591.86.00 And The Release Of Retainage From Accounts 145-0000-205.00-00 And 307-0000-205.00-00, Respectively (23) P.R. No. 20878 — 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 West Rev. Dr. Ransom Howard (West 7th Street) Roadway Pavement Rehabilitation Project From MLK Drive To Abe Lincoln Avenue, Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas; And Release Of Retainage In The Amount Of $73,447.95 On Behalf Of Gulf Coast Of Beaumont, Texas. Funding Available From GLO Round 2.2 Program, Project No. I22W7, Account No. 145-1201- 532.59-00 And The Capital Improvements Account No. 307-1601- 591.86.00 And Retainage Accounts 145-0000-205.00-00 And 307- 0000-205.00-00, Respectively (24) P.R. No. 20879 — A Resolution Confirming The Uniform Tax Abatement Policy For A Two (2) Year Term Pursuant To Chapter 312 Of The Texas Property Code 8 AGENDA JUNE 4, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20753 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Port Arthur LNG Holdings, LLC And PALNG Common Facilities Company, LLC For The Construction Of A New LNG Facility (2) P.R. No. 20886 — A Resolution Authorizing The Acceptance Of A Donation From Golden Pass LNG In The Amount Of $7,731.02 To Facilitate The City Of Port Arthur's Participation With Crime Stoppers Of Southeast Texas (3) P.R. No. 20889 — A Resolution Authorizing The June 18, 2019 Regularly Scheduled Council Meeting Date To Be Rescheduled B. Ordinances — Non-Consent (1) P.O. No. 6777 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of The City Owned Property Located At 937 Rev. Dr. Ransom Howard Street To Tender Loving Care Center For Children, DBA Legacy Community Development Corporation, A Qualified Developer (2) P.O. No. 6778 — An Ordinance Authorizing Special Warranty Deeds For Conveyance Of The City Owned Property Located At 949 Dr. Reverend Ransom Howard Street To Tender Loving Care Center For Children, DBA Legacy Community Development Corporation, A Qualified Developer (3) P.O. No. 6779 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of The City Owned Property Located At 909 Rev. Dr. Ransom Howard Street To Tender Loving Care Center For Children, DBA Legacy Community Development Corporation, A Qualified Developer (4) P.O. No. 6780 — An Ordinance Authorizing The City Manager To Enter Into A Contract With Judy's Iron Metal D/B/A 3-3 Metals Of Vidor, Texas, For The Hauling And Recycling Of Scrap Metal And White Goods 9 AGENDA JUNE 4, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (5) P.O. No. 6781 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 By $291,800.00 For The General Fund 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 Discuss And Receive Legal Advice From The City Attorney/Legal Counsel Regarding Potential Claims/Litigation Filed Against the City of Port Arthur (2) Section 551.072 Government Code — To Discuss or Deliberate The Purchase, Exchange, Lease, or Value of Real Property Located In The City's Industrial District/ETJ (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located At: (Pleasure Island) And (3451 57th Street) 10 AGENDA JUNE 4, 2019 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (4) Section 551.074 Government Code — To Discuss The Selection Of Potential Candidates For The Position Of City Manager (5) Section 551.076 Government Code — To Discuss And Receive Legal Advice Regarding Security Personnel Or Devices On Pleasure Island (6) Section 551.087 Government Code — To Discuss Economic Development Incentives In The City's Industrial District/ETJ *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 June 5, 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 *************************************************** 11 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.