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HomeMy WebLinkAbout02/13/2018 - REGULAR MEETING @ 8:30 A.M. (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, February 13, 2018 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 Februa 13, 2018 eeting Agenda was posted this day of 'b� U 2018 in the City Hall Building Lobby (inside/o side), Port Arthur, Texas at p.m. Kelly Moore Assistant City Secretary I certify that the attached notice and agenda was removed by--jpe from the City Hall bulletin board (inside/outside,) on the day of , 2018. ` ----__--_ Title: � � �' � DERRICK FORD FREEMAN,MAYOR energy HARVEY ROBINSON CAL J.JONES,MAYOR PRO TEM City of city INTERIM CITY MANAGER COUNCIL MEMBERS: 1\ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY THOMAS J.KINLAW,III n r I r t h it r HAROLD DOUCET,SR. VAL TIZENO WILLIE"BAE"LEWIS,JR. T l`!s CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AGENDA City Council Regular Meeting February 13, 2018 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 February 13, 2018 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem Jones Councilmember Scott, Jr. Councilmember Kinlaw, III Councilmember Doucet, Sr. Councilmember Lewis, Jr. Councilmember Swati Councilmember Moses Councilmember Frank Interim City Manager Robinson City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Melvin Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Jordan Washington Regarding Bringing Financial Education To The Forefront Of Our City (2) Clarence Lyons, Sr. Regarding Repairing Property In The City Of Port Arthur i AGENDA FEBRUARY 13, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Interim Water Utilities Director Hani Tohme Regarding Water And Sewer Rates, 2018 Budgeted Revenues And Expenditures, And Pipebursting Sanitary Sewer Pipe Using City Forces (2) A Presentation By Finance Director Andrew Vasquez Of The Investment Report (3) A Presentation By Mark Skobel And Barbara Phillips Of Valero Regarding Valero Community Meeting/Information Forum And Update On A Community Garden C. Employee Recognition — None D. Correspondence — None E. Discussion (1) Discussion Regarding The Opportunity Zone Program (Requested By Mayor Freeman) (2) Discussion Regarding A Municipal Development District (Requested By Mayor Freeman) IV. PUBLIC HEARINGS — 9:00 A.M. — NONE V. UNFINISHED BUSINESS — NONE 't r AGENDA FEBRUARY 13, 2018 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. Expense Reports: Mayor Derrick Freeman: Congressional Black Caucus Foundation Meeting Houston, TX, December 11-12, 2017 $535.44 B. Minutes January 30, 2018 Regular Meeting January 30, 2018 Special Executive Meeting C. Resolutions (1) P.R. No. 19957 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Hampshire Roofing Co., LLC Of Lumberton, TX, For Removal, Repair And Reinstallation Of Windows, Renovation Work On Balcony Gutter And New Gutters And Downspouts At Rose Hill Manor In The Amount Of $100,000.00; Funding Available From Hotel Occupancy Tax Account No. 140-1405-551.59-00, Project No. M97908 (2) P.R. No. 19978 — A Resolution Authorizing The City Manager To Make A Payment To Texas Commission On Environmental Quality (TCEQ) For The First Quarter Fee For Landfill Disposal With A Not To Exceed Amount Of $72,351.34. Funding Is Available In Account No. 403-1274-533.59-01, Public Works Department Landfill Division — Regulatory Fees/Fines r i AGENDA FEBRUARY 13, 2018 VI. CONSENT AGENDA - CONTINUED (3) P.R. No. 20056 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $458,107.99 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Flood Damages To Mobile Equipment At Various Locations Throughout The City Due To Hurricane Harvey (August 30, 2017) (4) P.R. No. 20064 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $494,381.56 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Flood Damages To City Vehicles Due To Hurricane Harvey (August 30, 2017) (5) P.R. No. 20068 — A Resolution Authorizing The City Manager To Enter Into A Contract With Center For Transportation & The Environment (CTE) Of Atlanta, Georgia To Be The Project Manager Over The Zero-Emission Electric Bus Project, In The Not To Exceed Amount Of $426,500.00. Funding For The Contract Is Part Of The Low Or No Emission Vehicle Program Grant, Transit Capital Grants Account Number: 401-1509-561.93-00 (6) P.R. No. 20086 — A Resolution Authorizing The Execution Of An Interlocal Agreement Between The City Of Port Arthur And Jefferson County, Texas, For Assisting With The Clean-up Process As A Result Of Hurricane Harvey, By Overseeing The Drainage Issues Such As Grading Of Ditches And Maintenance Work In The Port Acres Area (7) P.R. No. 20089 — A Resolution Authorizing The Police Department To Purchase Rifle Resistant Body Armor From GT Distributors Of Austin, Texas, Through Texas Buyboard, With Funding Awarded Through The Rifle Resistant Body Armor Grant Not To Exceed $97,500 (8) P.R. No. 20097 — A Resolution Authorizing The City Manager To Apply For Fiscal Year 2018 State Homeland Security Program — Law Enforcement Terrorism Prevention Activity Program (SHSP-LETPA) Funding With No Grant Match Requirement 4 AGENDA FEBRUARY 13, 2018 VI. CONSENT AGENDA - CONTINUED (9) P.R. No. 20099 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Old Castle Materials Gulf Coast, Inc Of Beaumont, Texas, For The West Rev. Dr. Ransom Howard (West 7th) Street Pavement Rehabilitation Project, Decreasing The Contract Amount By $74,731.60 To A New Contract Amount Of $1,387,875.25 And Increasing The Contract Term By 21 Days To A New Total Of 141 Days. Funding Available In GLO Round 2.2 Program, Project No. I22W7, Account No. 145-1201-532.59-00, $730,000.00 And Capital Projects Account 307-1601-591.86-00, $657,875.25 (10) P.R. No. 20102 — A Resolution Requesting The City Council Ratify A Contract With RWL Group For Consulting Services Regarding Property Insurance Claims Arising Out Of Hurricane Harvey, At A Not To Exceed Amount Of $20,200.00. Funds Are Available In Account No. 147-2300-901.54-00 (11) P.R. No. 20103 — A Resolution Amending Resolution 17-266 Updating The Designation Of Applicant's Agent-FEMA-TX As Required By The Texas Division Of Emergency Management In Connection With The Hurricane Harvey Disaster (FEMA-4332-DR- TX) (12) P.R. No. 20104 — A Resolution Appointing A Negotiating Team Under Chapter 174 Of The Texas Local Government Code Annotated, To Conduct Collective Bargaining With The Bargaining Agent Of The Port Arthur Police Association Of The City Of Port Arthur Police Department (13) P.R. No. 20106 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Excavation And Construction, LLC Of Port Arthur, Texas With A Projected Budgetary Impact Of $253,386.87 For The Replacement Of Water Mains Along 5" Street, 6th Street, And 7th Street, Between Atlanta Avenue And Nashville Avenue; Funding Is Available In EDC Account No. 120- 1429-582.59-05, Other Contractual Cervices/4B Development 5 1 i AGENDA FEBRUARY 13, 2018 VI. CONSENT AGENDA - CONTINUED (14) P. R. No. 20107 - A Resolution Amending Resolution No. 17-364 As It Pertains To An Industrial District Agreement Between The City Of Port Arthur And Oxbow Calcining, LLC (15) P.R. No. 20108 — A Resolution Authorizing The City Manager To Enter Into A Contract With J-Quad Planning Group Of Addison, Texas, For The Development Of A Disaster Recovery Plan In Relation To Hurricane Harvey, In The Amount Not To Exceed $49,920.00; Funding Available In EDC Account Number 120-1429- 582.59-05 (16) P.R. No. 20109 — A Resolution Authorizing Amending The Contract Between The City Of Port Arthur And TexSTAR As It Pertains To Authorized Representatives For TexSTAR (17) P.R. No. 20110 — A Resolution Authorizing The City To Participate In Texas Class, A Local Government Investment Pool, And Authorize City Representatives To Conduct Transaction With Pool (18) P.R. No. 20111 — A Resolution Authorizing Amending The Contract Between The City Of Port Arthur And TexSTAR As It Pertains To Authorized Representatives For TexPool VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20100 - A Resolution Authorizing Proceeding With The Disannexation Of Property As Requested By Sempra Energy B. Ordinances — Non-Consent - None 6 • AGENDA FEBRUARY 13, 2018 VIII. *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 551.072 Government Code - To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (2) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Sempra Energy) (3) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Zeo Gas) IX. 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 February 14, 2018. 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 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.