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HomeMy WebLinkAboutAUGUST 27, 2019 REGULAR MEETING THURMAN BILL BARTIE,MAYORRON BURTON HAROLD DOUCET,SR.MAYOR PRO TEM City of 9 INTERIM CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES u r t r t lr u r THOMAS J.KINLAW III VAL TIZENO CHARLOTTE MOSES 1` xas CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting August 27, 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 August 27, 2019 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Doucet, Sr. Councilmember Scott, Jr. Councilmember Jones Councilmember Kinlaw, III Councilmember Moses Councilmember Frank Interim City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Brenice Morciglio, Director Of A Voice For HOPE, Regarding Domestic Violence (2) Reginald Trainer Regarding Cameras On Pleasure Island (3) Ronald R. Moon Regarding Pleasure Island Security (4) John Beard Regarding Pleasure Island Advisory Committee And 503 Tra i n 1 AGENDA AUGUST 27, 2019 III. PETITIONS & COMMUNICATIONS (CONTINUED) B. Presentations (1) A Presentation By Ron Fletcher, Representing Entergy Regarding The Implementation Of The New Advanced Meters (2) A Presentation By Staff Regarding The Keep The City Clean Program (3) Presentation By Staff Regarding The July Financial Report (4) A Presentation By Baker Tilly Regarding The City Manager Search C. Employee Recognition — None D. Correspondence — None E. Discussion (1) Discussion Regarding Procurement Procedures (Requested By Mayor Pro Tem Doucet) IV. PUBLIC HEARINGS — 9:00 A.M. (1) The First Public Hearing To Receive Public Comment And Hear All Persons Desiring To Be Heard On The Proposed Ad Valorem Property Tax Rate For Tax Year 2019. A Tax Rate Of $0.792000 Per $100 Valuation Has Been Proposed For Adoption By The Governing Body Of City Of Port Arthur. This Rate Exceeds The Lower Of The Effective Or Rollback Tax Rate And State Law Requires That Two Public Hearings Be Held By The Governing Body Before Adopting The Proposed Tax Rate (2) Notice Of A Public Hearing To Consider The Budget For The City Of Port Arthur And The Port Arthur Section 4A Economic Development Corporation For The Fiscal Year Beginning October 1, 2019 And Ending September 30, 2020 2 AGENDA AUGUST 27, 2019 IV. PUBLIC HEARINGS — CONTINUED * Pursuant To Section 102.007 Of The Texas Local Government Code, At The Conclusion Of The Public Hearing On The Budget, The Governing Body Of The Municipality Shall Take Action On The Proposed Budget A Vote To Adopt The Budge Must Be A Recorded Vote V. ACTION ITEM To Review, Discuss And Possibly Take Action On The Adoption Of The City Of Port Arthur's Proposed Fiscal Year 2019-2020 Budget VI. UNFINISHED BUSINESS () P. R. No. 20895 - A Resolution Authorizing The City Manager To Enter Into A Sale And Purchase Agreement Between The City Of Port Arthur And Texas 4L Properties, LP On Behalf Of Aurora Capital Holdings, LLC., For The Purchase Of The Sabine Hotel (600 Procter) And The Adjacent Sabine Parking Lot Tracts (612, 618, 630, 638 And 648 Procter) VII. CONSENT AGENDA — CONTINUED 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 AGENDA AUGUST 27, 2019 VII. CONSENT AGENDA — CONTINUED B. Expense Reports City Attorney Valecia Tizeno: National Bar Continuing Legal Education Program And Trial Advocacy Symposium, NY, NY July 20 - 26, 2019 $3,417.26 C. Minutes August 13, 2019 Special Meeting August 13, 2019 Special Executive Meeting August 13, 2019 Regular Meeting D. Resolutions (1) P.R. No. 20906 — A Resolution Nominating Chevron Phillips Chemical Company LLC To The Office Of The Governor Economic Development And Tourism (OOGEDT) Through The Economic Development Bank For Designation As A Qualified Business And Enterprise Project Under The Texas Enterprise Zone Program Under The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (2) P.R. No. 20912 - P.R. No. 20912 - A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Excavation & Construction Of Port Arthur, Texas For The Lakeshore Drive Pavement Replacement Project Phase I, Correcting A Calculation Error And Adjusting Bid Quantities To Reduce The Contract Amount By $31,804.34 To A New Contract Amount Of $528,195.66. This Change Order Impacts Funds In The Capital Improvement Account For Street Maintenance And Repair, Account No. 307-1601-591.86-01. Project No. EDC002 (3) P.R. No. 20932 - A Resolution Awarding A Contract To Pro Demolition, LLC. Of Fresno, TX In The Amount Of $27,900.00 And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group D), To Be Charged To Account No. 001-1052-517.59-00 (General Fund - Other Contractual Services) / 4 AGENDA AUGUST 27, 2019 VII. CONSENT AGENDA — CONTINUED (4) P.R. No. 20934 - A Resolution Awarding A Contract To Pro Demolition, LLC, Of Fresno, TX In The Amount Of $25,800.00 And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties, (Group F) To Be Charged To Account No. 001-1052-517.59-00 (General Fund-Other Contractual Services) (5) P.R. No. 20948 — P.R. No. 20948 - A Resolution Authorizing The City Manager To Enter Into A Contract With Perkins Roofing Company, Inc., Of Beaumont, Texas For The Installation Of A New Roof At Fire Station Number 2 (1201 Grannis Avenue) In The Not To Exceed Amount Of $49,100; Funding Available In Fire Department Building Maintenance Account No. 001-1121-522.32-00 (6) P.R. No. 20950 - A Resolution Authorizing The City Manager To Accept The Texas Commission On Environmental Quality (TCEQ) Proposed Agreed Order To Participate In A Supplemental Environmental Project (SEP) For Non-Compliance At The City Of Port Arthur Landfill Facility Thereby Reducing The Original Administrative Penalty Assessed Of $56,962.00 By $11,392.00 To The New Amount Of $45,570.00. Funds Available In The Regulatory Fees/Fines Account No. 403-1274-533.59-01 (7) P.R. No. 20967 - A Resolution Terminating Five (5) Contracts With Carter Excavating And Clearing, LLC In The Amount Of $44,451.75 And Authorizing The Bidding Of Maintenance (Dirt Work) On Twelve (12) Properties In Groups A And B; And Awarding Three (3) Contracts To The Next Low Bidder, Lark Group, Inc.; Group B (6 Structures) In The Amount Of $23,000.00, Group C (6 Structures) In The Amount Of 22,300.00, and Group D (6 Structures) In The Amount Of $20,400.00. Funds Are Available In Account Number 001-1052-517.59-00, General Fund (8) P.R. No. 20978 - A Resolution Rescinding Resolution No. 19-269 In Its Entirety, Which Authorized The City Manager To Purchase A 2019 Ford F-550 Diesel Regular Cab Truck With Crane For The Public Works Traffic Maintenance Division From Silsbee Ford Of Silsbee, Texas Through The Goodbuy Purchase Program 5 AGENDA AUGUST 27, 2019 VII. CONSENT AGENDA — CONTINUED (9) P.R. No 20979 - A Resolution Authorizing The City Manager To Purchase A 2019 Ford F-450 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 (10) P.R. No. 20993 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $6,609.75 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Temporary Repairs Of Lift Station Damage Due To Hurricane Harvey (11) P.R. No. 20994 — A Resolution Authorizing The City Manager To Execute The Settlement Of An Automobile Physical Damage Claim In The Amount Of $43,151.49 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Fire Aerial Truck #1590 (12) P.R. No. 20997 - A Resolution Approving The Second And Final Renewal Of A Contract For Legal Services With Germer PLLC By The City Of Port Arthur Section 4A Economic Development Corporation, With A Projected Budgetary Impact Of $90,000.00; PAEDC Funding Account No. 120-1429-582.54-00 (13) P.R. No. 20998 - A Resolution Approving Change Order No. 1 To The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Sitek Omni Services, LLC For Removal And Disposal Of Unknown Asbestos Containing Material Encountered On The 2nd Floor Areas Within The Former Port Arthur News Building Located At 549 4th Street In Port Arthur, Texas Increasing The Contract Amount By $20,640.00 To A New Total Of $314,040.00. Funds Available In EDC Account No. 305- 1606-591.82-00 6 AGENDA AUGUST 27, 2019 VII. CONSENT AGENDA — CONTINUED (14) P.R. No. 20999 - A Resolution Amending The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Sitek Omni Services, LLC For Additional Abatement Of Identified Asbestos Containing Material Not Identified In Original Asbestos Survey And Found Under Existing Wood Flooring And Windows During Demolition As Well As In Select Areas Of The Vacant Second Story Of The Former Port Arthur News Building Located At 549 4th Street In Port Arthur, Texas Increasing The Contract Amount By $42,200.00 To A New Total Of $356,240.00; Funds Available In EDC Account No. 305-1606-591.82-00 (15) P.R. No. 21000 - A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into A Service Agreement With Classic Forms And Products Of Beaumont, Texas, For The Printing And Mailout Of The 8th Annual PAEDC Newsletter In An Amount Not To Exceed $10,000.00. Account No. 120-1429-582.59-06 (16) P. R. No. 21003 - A Resolution Authorizing The City Manager To Enter Into 2019 Community Development Block Grant Interoffice Agreements With Housing Assistance, Grants Management, And Public Works And Contracts Between The City Of Port Arthur And The Non-Profit Service Organizations For Public Service Activities In The Amount Of $1,088,228 To Benefit The Low And Moderate Income Residents Of The City (17) P.R. No. 21004 — A Resolution Ratifying The Final Payment For Monthly Rental Of Temporary Lights At The Civic Center Parking Lot From United Rentals Of Port Arthur, Texas (Formerly Blueline Rentals), In The Amount Of $21,015.09 For A Total Project Amount Of $64,015.09. Funds Available In Account 147-2300-901-51-00 Project 082617 (Hurricane Account) (18) P.R. No. 21006 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $35,836.61 Made Against Texas Municipal League (TML) As A Result Of The Flood Damage To The Armory Building (3451 57th Street) AGENDA AUGUST 27, 2019 VII. CONSENT AGENDA — CONTINUED (19) P.R. No. 21007 - A Resolution Authorizing The City Manager To Enter Into An Inter-Local Agreement Between Jefferson County, The City Of Beaumont And The City Of Port Arthur For The 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) And Receive Funding In The Amount Of $25,671.00, No Cash Match Requirement (20) P.R. No. 21008 - A Resolution Authorizing The City Manager To Execute A Contract For Roof Repairs At The Recreation/Senior Center With Spawglass Construction Corp Of Houston, Texas, In The Amount Of $93,508.00 Capital Improvement Fund Account No. 307-1601-591.95-00 (21) P.R. No. 21011 - A Resolution Authorizing The Chief Of Police To Execute The Drug Enforcement Administration (D.E.A.) Task Force Cooperative Agreement With The Port Arthur Police Department (22) P.R. No. 21012 — A Resolution Calling For A Public Hearing To Consider Amending Appendix A, Section 7, Use Of Land And Buildings; And Section 13, Mobile Home District Regulations Of The City Of Port Arthur Zoning Ordinance (23) P.R. No. 21013 — A Resolution Authorizing An Extension Of The Community Development Block Grant Contract Performance Period Of Catholic Charities From August 27, 2019 To November 26, 2019 (24) P.R. No. 21014 - A Resolution Authorizing The City Manager To Purchase Microsoft Azure Government Cloud Computing Services Through SHI For A Period Of Three Years At An Amount Of $44,206.56. Funds Available In Capital Account No. 307-1601-591- 92-00 (25) P.R. No. 21017 — A Resolution To Amend The FY 2019-2020 Contract Between The City Of Port Arthur And The Health And Human Services Commission, WIC Division, Increasing The Funds For FY 2019 And 2020, For A Total Not To Exceed $2,729,722.00. No City Match Required 8 AGENDA AUGUST 27, 2019 VII. CONSENT AGENDA — CONTINUED (26) P.R. No. 21018 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $373,019.24 Made Against Wright National Flood Insurance Company As A Result Of The Flood Damage To The Municipal Garage Contents (103 H.O. Mills Blvd.) (27) P.R. No. 21019 - A Resolution Authorizing The City Manager To Execute Amendment Number 5 To The Neighborhood Stabilization Program 1 (NSP1) Agreement Extending The Contract Expiration Date From August 31, 2019 To August 31, 2020 And Amendment Number 6 To Neighborhood Stabilization Program 1 Program Income, (NSP1-PI) Reservation System Participation Agreement To Provide For The Continuation Of Reimbursements Of Eligible Expenses And Closing On Remaining Land Bank Properties Under The Existing Neighborhood Stabilization Program 1 Contract (28) P.R. No. 21020 - A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement With The Port Arthur Independent School District (PAISD) For The School Crossing Guard Program, Not To Exceed $50,000.00; Funding Available In Account No. 001-1101-521.54-00 (29) P.R. No. 21021 - A Resolution Supporting The Acceptance Of The Fiscal Year 2020 Texas Department Of Transportation Selective Traffic Enforcement Program (S.T.E.P.) Grant In The Amount Of $45,464.58, With A 23% In-Kind Match. In Kind Match Is Covered By Existing Fringe Benefits And Administration Functions (30) P.R. No. 21026 - A Resolution Of Notification Of The City Of Port Arthur's Intent To Participate In The Rider 38 Grant From The Maritime Division Of The Texas Department Of Transportation For Improvements To Street And Drainage Along S. 1st Street That Provides Access To The Port Of Sabine Pass In Sabine Pass, Texas 9 AGENDA AUGUST 27, 2019 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20996 - A Resolution Approving A Ground Lease Between The City Of Port Arthur Section 4A Economic Development Corporation And Motiva Enterprises, LLC For Approximately 91.7 Acres Of Land In The Jade Ave Business Park For 51 Months As Depicted On Exhibit "A" (2) P.R. No. 21022 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Mayor Bartie) (3) P.R. No. 21023 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Mayor Bartle) (4) P.R. No. 21027 - A Resolution Authorizing The City Manager To Negotiate A Contract Between The City Of Port Arthur And BKD, LLP As Independent Auditor For The City Of Port Arthur For Fiscal Year 2019 With The Option To Renew For Four Subsequent Years (5) P.R. No. 21030 - A Resolution Authorizing The City Manager To Negotiate A Contract With Stuart Consulting Group (SCG) Of Houston, Texas For The Engineering And Design Of Four (4) Drainage Projects Funded By The Hazard Mitigation Grant Program (HMGP) And Community Development Block Grant — Disaster Recovery (CDBG-DR) B. Ordinances — Non-Consent (1) P.O. No. 6793 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $21,462.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Police Vehicle #2046 10 AGENDA AUGUST 27, 2019 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 Discuss And Receive Legal Advice And Consultation With The City Attorney Regarding Pending Litigation Involving Civil Service And Related Employment Law Matters (2) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In Downtown Port Arthur (3) Section 551.087 Government Code – To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects: (B&B Ice) (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In The Jade Ave Business Park (5) Section 551.087 Government Code – To Discuss Economic Development Incentives In The Industrial District/ETJ 11 AGENDA AUGUST 27, 2019 IX. *CLOSED MEETING (EXECUTIVE SESSION) CONTINUED *The Items In Executive Session May Be Discussed And Acted On In Open Session X. BUDGET WORKSHOP FY 2019 - 2020 PROPOSED BUDGET 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 August 28, 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 *************************************************** 1 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.