HomeMy WebLinkAboutPOST: 08-27-2019 REGULAR MEETING POST AGENDA REPORT
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
August 27, 2019
8:30 A.M.
PLEASE TURN OFF OR MUTEALL MOBILE DEVICES
I. INVOCATION, PLEDGE & ROLL CALL
Mayor Bartie
Mayor Pro Tem 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
Train
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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
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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
(1) 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)
Motion To Remove: CM Second: CJ
Voting Yes: 5 Voting No: 0 W/Out: RS & KF
REMOVED
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.
Motion: CM Second: Cl
Voting Yes: 5 Voting No: 0 W/Out: RS & KF
ADOPTED
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AGENDA
AUGUST 27, 2019
VII. CONSENT AGENDA — CONTINUED
A. Travel Request — None
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
Resolution No. 19-348
(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
Resolution No. 19-349
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AGENDA
AUGUST 27, 2019
VII. CONSENT AGENDA— CONTINUED
(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)
Motion: 0 Second: CM
Voting Yes: 5 Voting No: 0 W/Out: RS & KF
ADOPTED
Resolution No. 19-377
(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)
Motion: CM Second: 0
Voting Yes: 5 Voting No: 0 W/Out: RS & KF
ADOPTED
Resolution No. 19-378
(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
Resolution No. 19-350
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AGENDA
AUGUST 27, 2019
VII. CONSENT AGENDA— CONTINUED
(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
Resolution No. 19-351
(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
Resolution No. 19-352
(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
Resolution No. 19-353
(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
Resolution No. 19-354
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AGENDA
AUGUST 27, 2019
VII. CONSENT AGENDA— CONTINUED
(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
Resolution No. 19-355
(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
Resolution No. 19-356
(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
Resolution No. 19-357
(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
Resolution No. 19-358
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
Resolution No. 19-359
(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
Resolution No. 19-360
(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
Motion: CJ Second: CM
Voting Yes: 5 Voting No: 0 W/Out: RS & KF
ADOPTED
Resolution No. 19-379
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AGENDA
AUGUST 27, 2019
VII. CONSENT AGENDA— CONTINUED
(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)
Resolution No. 19-361
(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)
Resolution No. 19-362
(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
Resolution No. 19-363
(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
Resolution No. 19-364
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AGENDA
AUGUST 27, 2019
VII. CONSENT AGENDA— CONTINUED
(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
Motion: 0 Second: CM
Voting Yes: 5 Voting No: 0 W/Out: RS & KF
ADOPTED
Resolution No. 19-380
(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
Resolution No. 19-365
(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
Motion: CM Second: 0
Voting Yes: 4 Voting No: 1HD W/Out: RS & KF
ADOPTED
Resolution No. 19-381
(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
Resolution No. 19-366
(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
Resolution No. 19-367
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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.)
Resolution No. 19-368
(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
Resolution No. 19-369
(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
Resolution No. 19-370
(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
Resolution No. 19-371
AGENDA
AUGUST 2712019
VII. CONSENT AGENDA — CONTINUED
(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
Resolution No. 19-372
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"
Motion: CJ Second: TK
Voting Yes: 4 Voting No: 0 W/Out: RS, CM & KF
ADOPTED
Resolution No. 19-382
(2) P.R. No. 21022 - A Resolution Appointing And/Or Reappointing A
Member Or Members To The Beautification Commission (Requested
By Mayor Bartie)
Motion: TK Second: CM
Voting Yes: 4 Voting No: 0 W/Out: HD, RS & KF
ADOPTED
Resolution No. 19-373
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AGENDA
AUGUST 27, 2019
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(3) P.R. No. 21023 - A Resolution Appointing And/Or Reappointing A
Member Or Members To The Pleasure Island Advisory Committee
(Requested By Mayor Bartie)
Motion: CM Second: CJ
Voting Yes: 4 Voting No: 0 W/Out: HD, RS & KF
ADOPTED
Resolution No. 19-374
(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
Motion: TK Second: Cl
Motion To Amend: CM Second: TK
Voting Yes As Amended: 4 Voting No: 0 W/Out: HD, RS & KF
ADOPTED
Resolution No. 19-375
(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)
Motion: CM Second: TK
Motion To Amend: CM Second: Cl
Voting Yes As Amended: 5 Voting No: 0 W/Out: RS & KF
ADOPTED
Resolution No. 19-376
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AGENDA
AUGUST 27, 2019
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
Motion: 0 Second: CM
Voting Yes: 5 Voting No: 0 W/Out: RS & KF
ADOPTED
Ordinance No. 19-43
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
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AGENDA
AUGUST 27, 2019
IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED
(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
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
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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
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