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HomeMy WebLinkAbout01/15/2019 - REGULAR COUNCIL MEETING @ 8:30 A.M. (INSIDE & OUTSIDE) NOTICE otice is hereby given pursuant to Chapter 551 of . the Government Code that a Regular Meeting of the City Council of The City of Port Arthur, Texas will. be held on Tuesday, January 15, 2019 at 8:30 a.m. in the City Council Chamber, Fifth Floor, City Hall, 444 Fourth Street, Port Arthur, Texas To Consider the following Agenda. CERTIFICATION I certify that a copy of the January 15, 2019 Meeting Agenda was posted this `'''day of 2019 in the City Hall Building Lobby 4nsidelrtside), Port Arthur, Texas at ( p.m. OL uaac�� KeW Moore Assistant City Secretary I certify that the attached notice and agenda was removed by me from the City Hall bulletin board (inside/outside) on the day of 2 5 ?ii'q , 2019. Title: Cry DERRICK FORD FREEMAN,MAYORHARVEY ROBINSON Ci. Of, a THOMAS J.KINLAW III City-MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES 1l<T t r'th It. HAROLD DOUCET,SR. Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK ;i A -ENDA 1 City Council Regular Meeting. January 15, 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 January 15, 2019 8:30 A.M. PLEASE TURN OFF OR MUrEALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem Kinlaw, III Councilmember Scott, Jr. Councilmember Jones Councilmember Doucet, Sr. Councilmember Moses Councilmember Frank Interim City Manager Robinson City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS &COMMUNICATIONS A. Speakers — None B. Presentations (1) A Presentation By Staff Regarding The Status Of Hurricane Harvey Insurance Claims, (FEMA) Federal Emergency Management Agency Claims And Facilities Restoration (2) A Presentation By Staff Regarding The City`s Plans To Keep The City Clean (3) A Presentation By Staff Regarding The Information Technology Department's Five Year Strategic Plan C. Employee Recognition — None 1 AGENDA JANUARY 15, 2019 III. PETITIONS & COMMUNICATIONS D. Correspondence — None 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 — None C. Minutes January 8, 2019 Special Executive Meeting January 8, 2019 Regular Meeting D. Resolutions (1) P.R. No. 20604 — A Resolution Authorizing The City Manager To Execute Settlement Of A Claim In The Amount Of $5,538.75 Made Against Liberty Mutual Insurance As Result Of Property Damage To An Excavator (Streets Unit #1990) (2) P.R. No. 20605 — A Resolution Authorizing The City Manager To Execute Settlement Of A Claim For Repairs In The Amount Of $81,802.00 Made Against Texas Municipal League As A Result Of Property Damage To Streets Unit #1990 2 AGENDA JANUARY 15, 2019 VI. CONSENT AGENDA— CONTINUED (3) P.R. No. 20630 — A Resolution Authorizing The City Manager To Enter Into A Contract With Huitt-Zollar Of Houston, Texas For Engineering And Design Services For Port Arthur Transit's. (PAT) Building Expansion And Charging Infrastructure Located At 320 Dallas Avenue, :Port,Arthur, Texas In The Amount Not To Exceed $200,000.00. Funding Is Available In Account 401-1509-561.82-00 (4) P.R. No. 20631 - A. Resolution Authorizing The City Manager To Enter Into A Contract With Spidle Oil Company Of Port Arthur, Texas For The Purchase Of Gasoline For Transit Vehicles In An Amount Not To Exceed $150,000.00 Funds Are Available In Account Numbers 401-1501-561.24 And 401-1506-561.24 (5) P.R. No. 20635 — A Resolution Awarding The Contract For The Purchase Of Badger Meters For The Water. Utilities Department With Rural Pipe & Supply Of Jasper, Texas, In The Projected Budgetary Impact Amount Of $120,000.00. Funds Are Available In Account Nos. 410-1253-532.35-00, Water System Maintenance, & 414-1621-532.85-00, Water System (6) P.R. No. 20636 A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $22,674.05 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Water Damages To The Senior/Recreation Center (June 20, 2018) (7) P.R. No. 20637 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $10,475.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damages To Contents At Fire Station #6 Due To Hurricane Harvey (August 30, 2017) (8) P.R. No. 20638 — A Resolution Authorizing The City Manager To Execute Settlement Of Rental Fees For An Excavator From Golden Triangle Industries, Inc. In The Amount Of $5,538.75 Made Against Liberty Mutual Insurance As A Result Of Property Damage To Streets Unit #1990 3 AGENDA JANUARY 15, 2019 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 20639 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $22,208.72 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damage Furniture At The Port Arthur Public Library As A Result Of Hurricane Harvey (August 30, 2017) (10) P.R. No. 20644 — A Resolution Adopting The City Of Port Arthur's Anti-Fraud Policy (11) P.R. No. 20650 — A Resolution Amending Resolution No. 18-539, As It Pertains To The Renewal Of The Contract With Shrieve Chemical Company For 50% Sodium Hydroxide For The Water Utilities Department VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20642 — A Resolution As It Pertains To The Complete Count Committee In Support Of The 2020 United States Census B. Ordinances — Non-Consent (2) P.O. No. 6749 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 By $1,160,320.00 For The General Fund, And By $179,056.00 For The Gaming Fund VIII. WORKSHOP To Discuss Proposed Drainage Improvement Projects 4 y AGENDA JANUARY 15, 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 Receive Legal Advice And Consultation With The City Attorney And Legal Counsel With Regard To Industrial District Contracts And Other Legal Matters/Concerns (2) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (3) Section 551.087- Government Code — To Discuss Economic Development Incentives In The Industrial District/ETJ (4) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects In The Downtown Area (5) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager *The Items In Executive Session May Be Discussed And Acted On In Open Session 5 AGENDA JANUARY 15, 2019 X. 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 January 16, 2019. During The Recess, No Action Will Be Taken Ori 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 9 NOTICE otice is hereby given pursuant to Chapter 551 of the Government Code that a Regular Meeting of the City Council of The City of Port Arthur, Texas will be held on Tuesday, January 15, 2019 at 8:30 a.m. in the City Council Chamber Fifth Floor City Hall 444 Fourth Street, Port Arthur, Texas To Consider. the following Agenda. CERTIFICATION I certify that a copy of the Janua 15, 2019 eeting Agenda was posted this day of , 2019 in the City Hall Building Lobby L#6�ide/oide), Port Arthur, Texas at : 00 p.m. Ke'q Moore Assistant City Secretary I certify that the attached notice and agenda was removed by me from the City Hall bulletin board (inside/outside) on the 2,_3 day of -AN 1 3 , flag , 2019. Title � � DERRICK FORD FREEMAN,MAYOR Enw HARVEY ROBINSON. THOMAS J.KINLAW III,MAYOR.PRO,TEM City Of �jh' INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. =, CITY SECRETARY CAL J."JONES - O l` r fi h�U, HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES Texas CITY ATTORNEY KAPRINA FRANK City Council Regular Meeting January. 15,- 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. J wA i l City Council Meeting City'Hall Council Chamber City Of Port Arthur January 15, 2019 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem Kinlaw, III, Councilmember Scott, Jr. Councilmember Jones Councilmember Doucet, Sr. Councilmember Moses Councilmember Frank Interim City.Manager Robinson City Secretary Bellard, TRMC .City Attorney Tizeno Sergeant At Arms: Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) A Presentation By Staff Regarding The Status Of Hurricane Harvey Insurance Claims, (FEMA) Federal Emergency Management Agency Claims And Facilities Restoration (2) A Presentation By Staff Regarding The City's Plans To Keep The City Clean (3) A Presentation By Staff Regarding The Information Technology Department's Five Year Strategic Plan C. Employee Recognition — None i i y AGENDA JANUARY 15, 2019 III. PETITIONS & COMMUNICATIONS D. Correspondence — None 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 — None C. Minutes January 8, 2019 Special Executive Meeting January 8, 2019 Regular Meeting i D. Resolutions (1) P.R. No. 20604 — A Resolution Authorizing The City Manager To Execute Settlement Of A Claim In The Amount Of $5,538.75 Made Against Liberty Mutual Insurance As Result Of Property Damage To An Excavator (Streets Unit #1990) (2) P.R. No. 20605 — A Resolution Authorizing The City Manager To Execute Settlement Of A Claim For Repairs ,In The Amount Of $81,802.00 Made Against Texas Municipal League As A Result Of Property Damage To Streets Unit #1990 2 r AGENDA JANUARY 15, 2019 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 20630 — A Resolution Authorizing The City Manager To Enter Into A 'Contract With Huitt-Zollar Of Houston, Texas For Engineering And Design Services For Port Arthur Transit's (PAT) Building Expansion And Charging Infrastructure Located At 320 Dallas Avenue, Port Arthur, Texas In The Amount Not To Exceed $200,000.00. Funding Is Available In Account 40.1-1509-561.82-00 (4) P.R. No. 20631 — A Resolution Authorizing The City Manager To Enter Into A Contract With Spidle Oil Company Of Port Arthur, Texas For The Purchase Of Gasoline For Transit Vehicles In An Amount Not To Exceed $150,000.00 Funds Are Available In Account Numbers 401-1501-561.24 And 401-1506-561.24 (5) P.R. No. 20635 — A Resolution Awarding The Contract For The Purchase Of Badger Meters For The Water Utilities Department With Rural Pipe & Supply Of Jasper, Texas, In The Projected Budgetary Impact Amount Of $120,000.00. Funds Are Available In Account Nos. 410-1253-532.35-00, Water System Maintenance, & 414-1621-532.85-00, Water System (6) P.R. No. 20636 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $22,674.05 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Water Damages To The Senior/Recreation Center (June 20, 2018) (7) P.R. No. 20637 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $10,475.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damages To Contents At Fire Station #6 Due To Hurricane Harvey (August 30, 2017) (8) P.R. No. 20638 — A Resolution Authorizing The City Manager To Execute Settlement .Of Rental Fees For An Excavator From Golden Triangle Industries, Inc. In The Amount Of $5,538.75 Made Against Liberty Mutual Insurance As A Result Of PropertyDamage To Streets Unit #1990 3 AGENDA JANUARY 15, 2019 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 20639 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $22,208.72 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damage Furniture At The Port Arthur Public Library As A Result Of Hurricane Harvey (August 30, 2017) (10) P.R. No. 20644 — A Resolution Adopting The City Of Port Arthur's Anti-Fraud Policy (11) P.R. No. 20650 — A Resolution Amending Resolution No. 18-539, As It Pertains To The Renewal Of The Contract With Shrieve Chemical Company For 50% Sodium Hydroxide For The Water Utilities Department VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20642 — A Resolution As It Pertains To The Complete Count Committee In Support Of The 2020 United States Census B. Ordinances — Non-Consent (2)- P.O. No. 6749 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 By $1,160,320.00 For The General Fund, And By $179,056.00 For The Gaming Fund VIII. WORKSHOP To Discuss Proposed Drainage Improvement Projects 4 AGENDA JANUARY 15, 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 Receive Legal Advice And Consultation With The City Attorney And Legal Counsel With Regard To Industrial District Contracts And Other Legal 'Matters/Concerns (2) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (3) Section 551.087 Government Code — To Discuss Economic Development Incentives In The Industrial District/ETJ (4) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects In The Downtown Area (5) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager *The Items In Executive Session May Be Discussed And Acted On In Open Session s i AGENDA JANUARY 15, 2019 X. 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 January 16, 2619. 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 T 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. S. 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 Employee., 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. R 1