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HomeMy WebLinkAboutJULY 2, 2019 REGULAR MEETING DERRICK FORD FREEMAN,MAYOR F.nergp' REBECCA UNDERHILL HAROLD DOUCET,SR.MAYOR PRO TEM City of - INTERIM CITY MANAGER COUNCIL MEMBERS: I, SHERRI BELLARD,TRMC RAYMOND SCO'I'"I',.IR. CITY SECRETARY CAL J.JONES n r t r t h u r THOMAS J. KINLAW III VAL TIZENO CHARLOTTE MOSES /etas CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting July 2, 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 July 2, 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) Reginald Trainer Regarding Budget For Police Chief Advisory Committee B. Presentations (1) A Presentation By Karen Kennard Regarding Legislative Update (2) Presentation By Interim Finance Director Regarding The May 2019 Financial Report, The Results Of The Sale Of The General Obligation Refunding Bond, Series 2019 And The GFOA Distinguished Budget Award For 2019 i AGENDA JULY 2, 2019 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) A Presentation By The Police Department Regarding A Status Update On The Explorer Program (Requested By Councilmember Moses) (4) A Presentation By Staff Regarding Capital Improvement Plan, Development Services And Animal Control C. Employee Recognition — None D. Correspondence (1) A Letter From Lawrence Baker, City Of Port Arthur Former Director Of Community Services 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: African American Association Of Mayors Houston, TX April 24 — 25, 2019 $386.85 2 AGENDA JULY 2, 2019 VI. CONSENT AGENDA — CONTINUED (B2) Councilmember Cal Jones: 90th Celebration For Coach Joe Washington, Sr. Desoto, TX June 15 — 17, 2019 $633.17 (B3) Assistant City Secretary Kelly Moore: Texas Municipal Clerks Seminar League City, TX June 12 — 14, 2019 $794.19 C. Minutes — None D. Resolutions (1) P.R. No. 20586 — A Resolution Ratifying Payments To Herc Rentals, Inc., Of Atlanta, Georgia For The Rental Of Four (4) Trucks, For A Total Of $43,593.92. Funding Is Available In Account Number 410- 1253-532.51-00 (Rent) (2) P.R. No. 20755 — A Resolution Authorizing The City Manager To Enter Into An Agreement For Contractual Consulting Services Between The City Of Port Arthur And Warren Environmental, Of Village Mills, Texas, For The Water Utilities Department, Administration Division, For A One-Year Period, For Consultation On Environmental Programs For Water And Wastewater Operations, Not-To-Exceed $24,950.00. Funding Is Available In The Water Utilities Department, Administration Division Account Number 410- 1251-532.54-00, Professional Services (3) P.R. No. 20857 — A Resolution Pertaining To The Department Of The Army License And The Sabine Neches Waterway Project, Sabine Neches Canal (4) P.R. No. 20872 — A Resolution Terminating The Contract With DMJ Landscaping Of Port Arthur, Texas For The Mowing Of Various City Properties, Namely: Parks & Rights-Of-Ways For Groups 1 And 3C And Authorizing The Purchasing Department To Rebid AGENDA JULY 2, 2019 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 20881 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Arceneaux Wilson & Cole LLC Of Port Arthur, Texas, For The Engineering, Design And Construction Services Of The Pioneer Park Lift Station Project, In The Not To Exceed Amount Of $126,200.00. Funds Are Available In Account No. 405-1621-532.83-00 (6) P.R. No. 20882 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Chemrite Inc., Of Buford, Georgia, On Behalf Of The Water Utilities Department, For The Water Distribution, Wastewater Conveyance And Wastewater Treatment Divisions, For The Purchase Of Calcium Hypochlorite, For A Projected Budgetary Impact Of $30,000.00. Funds Are Available In Accounts 410-1253-532.29-02, 410-1255- 532.29-02 And 410-1256-532.29-02 (Treatment Chemicals) (7) P.R. No. 20884 — A Resolution Authorizing The City Manager To Enter Into An Agreement With The Texas State Department Of Transportation For The Construction, Maintenance And Operations Of Safety Lighting Systems Within The City Of Port Arthur, Texas (8) P.R. No. 20888 — A Resolution Authorizing Change Order No. 1 To The Contract Between The City Of Port Arthur And Lake City Trucking Of Lake Charles, Louisiana For Hauling Of Materials For The Landfill, Increasing The Amount By $51,480.00 To A New Total Of $257,400.00; Funding Is Available In Account No. 403-1274- 533.59-02-00, Public Works Department Landfill Division — Landfill Construction (9) P.R. No. 20891 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Schaumburg & Polk, Inc., Of Beaumont, Texas, For Professional Services Rendered As Project Engineer For The West Port Arthur Road (Hwy 73/Spur 93) Elevated Storage Tank Rehabilitation Project, In The Not-To-Exceed Amount Of $97,050.00; Funds Are Available In Account No. 405-1621-532.83-00 4 AGENDA JULY 2, 2019 VI. CONSENT AGENDA — CONTINUED (10) P.R. No. 20892 — A Resolution Authorizing The City Manager To Enter Into A Contract With Inland Environments, LTD., Of Kingwood, Texas To Remove Two Diesel Tanks And The Overhead Canopy At Port Arthur Transit's Maintenance Facility Located At 320 Dallas Avenue, In The Total Amount Of $39,458.00; Funding Available In Transit Account No. 401-1509-561.82-00 (11) P.R. No. 20897 — A Resolution Authorizing The City Manager To Purchase A 2019 Ford F-550 Diesel Regular Cab Truck With Crane For The Public Works Traffic Division From Silsbee Ford Of Silsbee, Texas Through The GoodBuy Purchasing Program With A Total Budgetary Impact Amount Of $59,274.75. Funding Available From Account No. 001-1205-531.93-00 (12) P.R. No. 20903 — A Resolution Authorizing The Purchase Of One Ford F250 Pickup Truck With Service Body From Silsbee Ford Of Silsbee, Texas, Through The GoodBuy Purchasing Program, For The Public Works Streets Division, For A Total Amount Of $30,322.75. Funds Are Available In Account No. 625-1801-531.93- 03, Capital Reserve Fund, Equipment Replacement, Public Works — Streets (13) P.R. No. 20904 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $4,557.55 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damage Magazine Shelving At The Port Arthur Public Library As A Result Of Hurricane Harvey (August 30, 2017) (14) P.R. No. 20905 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $900,000.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damages To City Lift Stations Due To Hurricane Harvey (August 30, 2017) 5 AGENDA JULY 2, 2019 VI. CONSENT AGENDA — CONTINUED (15) P.R. No. 20907 — A Resolution Authorizing The City Manager To Enter Into A Contract With Classic Sports Of Spring, Texas For The Replacement Of The Basketball Court At Barbara Jacket Park In An Amount Not To Exceed $38,250.00 Account Number 147-2300- 901.39-00, Project No. 082617 (16) P.R. No. 20908 — A Resolution Adopting A Water Conservation Plan And A Drought Contingency Plan For The City Of Port Arthur To Promote Responsible Use Of Water And To Establish Criteria For The Initiation And Termination Of Drought Response States (17) P.R. No. 20909 — A Resolution To Amend The FY 2019-2020 Contract Between The City Of Port Arthur And Health And Human Services, WIC Division, Increasing The Funds For FY 2019 And Extending The Contract To September 30, 2020 For A Total Not To Exceed $2,683,687.00. No City Match Required (18) P.R. No. 20910 — A Resolution Authorizing Revisions To The City's Housing Assistance Program Guidelines For Homebuyer Activities (19) P.R. No. 20911 — A Resolution Authorizing Revisions To The City's Owner Occupied Housing Assistance Rehabilitation And Reconstruction Program Guidelines (20) P.R. No. 20920 — A Resolution Authorizing The City Manager To Accept Funding From The Hazard Mitigation Grant Program (HMGP) In The Amount Of $1,651,002.00 For Phase I (Engineering And Design) For The Following Drainage Projects: El Vista Subdivision Drainage, Port Acres Drainage And Lake Arthur Detention. This Program Has A 25% Match Required That The City of Port Arthur Will Receive From Community Development Block Grant — Disaster Recovery (CDBG-DR) (21) P.R. No. 20921 — A Resolution Authorizing The City Manager To Negotiate A Contract With Arceneaux Wilson & Cole LLC Of Port Arthur, Texas, For The Remediation And Mitigation Of All Lift Stations Damaged In The Harvey Flood 6 AGENDA JULY 2, 2019 VI. CONSENT AGENDA — CONTINUED (22) P.R. No. 20925 — A Resolution Approving The Renewal Application Of Acadian Ambulance Service, Inc., For A Non-Exclusive Ambulance Agreement VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20880 — A Resolution Authorizing A Twelve (12) Month Lease Agreement Between The City Of Port Arthur And Robogistics, LLC For Premises Located At 3451 57th Street (2) P.R. No. 20899 — A Resolution Approving An Economic Incentive Contract And Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Robogistics, LLC. Funding Available In PAEDC Account No. 120-1429-582.59-10 (3) P.R. No. 20917 — A Resolution Rescinding Resolution No. 19-216 In Its Entirety As It Pertains To Authorizing A One-Year Renewal Of The City Of Port Arthur Section 4A Economic Development Corporation Agreement With Tender Loving Care Center For Children (TLCCC) DBA Legacy Community Development Corporation (Legacy CDC) To Manage Its Affordable Housing Program At A Cost Not To Exceed $35,000; (PAEDC Funding Account No. 120-1429-582.54-11 - Consultant) B. Ordinances — Non-Consent (1) P.O. No. 6786 — An Ordinance Authorizing The Retirement Of Police Canine "Rocky" And Transferring The Ownership Of The Canine To The Personal Care Of Detective Rogelio Meza (2) P.O. No. 6787 — An Appropriation Ordinance Amending The City Of Port Arthur Section 4A Economic Development Corporation Budget For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 By $267,506.00 For The General Fund AGENDA JULY 2, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6788 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 By $1,500,000.00 For The Water And Sewer Improvement Fund (4) P.O. No. 6789 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of The City Owned Property Located At 923 5th Street To Tender Loving Care Center For Children, DBA Legacy Community Development Corporation, A Qualified Developer VIII. RECEPTION (Requested By Councilmembers Moses, Jones And Kinlaw) IX. *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 Contract, Claims, And Other Legal Matters 8 AGENDA JULY 2, 2019 X. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (2) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney/Legal Counsel Regarding Potential/Pending Claims/Litigation Involving The City Of Port Arthur (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located At 3451 57th Street (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In Downtown And Westside Of Port Arthur (5) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Robogistics) *The Items In Executive Session May Be Discussed And Acted On In Open Session XI. 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 July 3, 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 *************************************************** 9 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 gond 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.