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HomeMy WebLinkAboutJUNE 17, 2019 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAN OR REBECCA UNDERHILL HAROLD DOUCET,SR.MAYOR PRO TEM City of INTERIM CITY MANAGER COUNCIL MEMBERS: 1J4 SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. — CITY SECRETARY CAL J.JONES or/ rth r THOMAS J. KINLAW III VAL TREND CHARLOTTE MOSES T`>xas CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting June 17, 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 June 17, 2019 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL V 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 Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Greg Richard Regarding Texas Commission On Environmental Quality (TCEQ) & Environmental Concerns (2) Fernando R. Ramirez Regarding Permission For Fiesta June 23, 2019 B. Presentations (1) A Presentation By Golden Pass LNG Regarding Crime Stoppers Of Southeast Texas (2) A Presentation By Staff Regarding Hurricane Preparedness AGENDA JUNE 17, 2019 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) A Presentation By Staff Regarding Lake View Pool, Splash Pad & Soccer Field (4) A Presentation By Staff Regarding The FY 2020 — FY 2024 Improvement Plan — Water Utilities C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. — NONE V. UNFINISHED BUSINESS (1) 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 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 AGENDA JUNE 17, 2019 VI. CONSENT AGENDA — CONTINUED D. Resolutions (1) P.R. No. 20714 — A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On Approximately 15.0436 Acres Of Land Consisting Of Lots 15, 27, 40 And The North 79' Of Lot 54, Peek Addition (Located At 105 F.M. Highway 365), Port Arthur, Jefferson County, Texas (2) P.R. No. 20764 — A Resolution Authorizing A Non-Exclusive Agreement With Crowder Gulf Of Theodore, Alabama For Debris Removal & Emergency Services For The City Of Port Arthur In The Event Of An Emergency Or Disaster (3) P.R. No. 20765 — A Resolution Authorizing A Non-Exclusive Agreement With Witt 0' Brien's Of Houston, Texas, For Debris Monitoring Services In The Event Of An Emergency Or Disaster (4) P.R. No. 20803 — A Resolution Authorizing The City Manager To Accept Port Arthur Transit's Fiscal Year 2018 Apportionment From The Federal Transit Administration For Capital Improvements And Operating Fund Assistance (5) P.R. No. 20855 — A Resolution Authorizing The City Manager To Enter Into A Contract With Sigma Engineering, Inc., Of Beaumont, Texas For The Design Of A Splash Pad And Soccer Field At Lakeview Pool In An Amount Not To Exceed $39,360.00 Capital Improvement Fund Account Number 307-1601-591.95-00 (6) P.R. No. 20883 — A Resolution Authorizing The City Manager To Execute An Addendum Amending The Existing Contract Between Port Arthur Transit (PAT) And Huitt-Zollars Of Houston, Texas, For Additional Professional Architectural And Engineering Services Related To Port Arthur Transit's New Maintenance Facility And Electric Bus Charging Infrastructure, And Increasing The Amount By $15,800.00 To A New Total Of $215,800.00. Funds Are Available In Transit Account No. 401-1509-561.82-00 AGENDA JUNE 17, 2019 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 20885 — A Resolution Authorizing The Director Of Water Utilities To Purchase Various Degreasers And Biological Aids, Delineating Procedures For The Purchase Of Such Chemicals, With A Projected Budgetary Impact Of $60,000.00 From Account No. 410-1255-532.29-02, Treatment Chemicals (8) P.R. No. 20887 — A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement With The South East Texas Regional Planning Commission (SETRPC) To Participate In The Regional Emergency Notification Project Utilizing BlackBoard Connect Emergency Notification System (9) P.R. No. 20890 — A Resolution Authorizing The City Manager To Enter Into A Non-Exclusive Product Sales Agreement With TOTAL Petrochemicals & Refining USA, Inc., To Provide Certain Quantities Of On-Road Diesel At TOTAL's Port Arthur, Texas Refinery In The Case Of An Emergency Or A Disaster With A Term Of The Agreement Form June 25, 2019 To June 25, 2021 (10) P.R. No. 20894 — A Resolution Authorizing The Execution And Submittal Of The Project Completion Report To The Texas General Land Office For The Hurricane Ike Round 2.2 Community Development Block Grant — Disaster Recovery (CDBG-DR Grant (Contract DRS220148) (11) P.R. No. 20896 — A Resolution Authorizing The City Manager To Execute An Addendum To The Three-Year Contracts With AT&T Through Texas Department Of Information Resources (TXDIR) For The Provision Of Voice, Data And Internet Communications. The Addendum Adds Advanced 911 Features At A Monthly Rate Of $1.00 Per Telephone Number. Funds For 25 Telephone Numbers At $25 Per Month Are Available In Information Technology Communications Account 001-1034-515.61-03 (12) P.R. No. 20902 — A Resolution Authorizing The City Of Port Arthur's City Council To Approve Additional Streets For Remediation In An Amount Not To Exceed $2.2 Million. Funding Is Available In The Capital Projects Street Account No. 307-1601-591.86-00 4 AGENDA JUNE 17, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20874 — A Resolution Designating And Establishing The 1st International Hispanic Music Festival Entertainment Area, Designating Jose Gutierrez Of Exitos 100.9 Radio Station And Fernado Ramirez As Exclusive Concessionaires And Authorizing The City Manager To Execute Said Agreement (2) P.R. No. 20900 — A Resolution Approving An Economic Incentive Contract And, Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Tony & Anne Nguyen D/B/A Rai's Bakery. Funding Available In PAEDC Account No. 120-1429-582.59-10 B. Ordinances — Non-Consent (1) P.O. No. 6782 — An Ordinance Repealing And Replacing Chapter 18, Article II Section 18-33 Permit Schedule Of The Building Code, Of The Code Of Ordinances Of The City Of Port Arthur, Thereby Adopting The State Mandated Requirements Of HB-852; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars ($2,000.00), As Provided In Section 18-43 Of The Code Or As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication (2) P.O. No. 6783 — An Ordinance Amending Chapter 18, Article VI - Mechanical Code, Of The Code Of Ordinances Of The City Of Port Arthur, Thereby Adopting The Revisions Required To Comply With HB-852; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars ($2,000.00), As Provided In Section 18-43 Of The Code Or As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication 5 AGENDA JUNE 17, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6784 — An Ordinance Of The City Of Port Arthur, Texas Denying The Statement Of Intent Of Texas Gas Service Company, A Division Of One Gas Inc., To Increase Rates To Recover Hurricane Harvey Response Costs Within The Gulf Coast Service Area; Requiring Reimbursement Of Municipal Rate Case Expenses; Finding That The Meeting Complies With The Open Meetings Act; And Declaring An Effective Date For This Ordinance (4) P.O. No. 6785 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 By S126,500.00 For The General Fund, $200,000.00 For The Solid Waste Fund, $2,346,000.00 For The Capital Improvement Fund, And $15,000.00 For The Library Special Fund 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 June 18, 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 *************************************************** 6 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 anti gond order of the rrv'eting. 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.