HomeMy WebLinkAbout08/28/2018 - REGULAR COUNCIL MEETING @ 8:30 A.M. (INSIDE/OUTSIDE)` . T
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, August 28, 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 AuM' ajy
018
eeting Agenda was posted this of
2018 in the City Hall Building Lobby
(insi /outside), Port Arthur, Texas at ? P.M.
X09t-, kc�
ell oore
Assistantqty Secretary
I certify that the attached notice and agenda was
r o d by me from the City Hall bulletin board
(insid ' utside) on the day of
2 8.
Azl" "� Title: A�,AP �` �
DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON
THOMAS J.KINLAW III,MAYOR PRO TEM Pity of INTERIM CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
CAL J.JONES t rth u r
HAROLD DOUCET,SR. VAL TIZENO
CHARLOTTE MOSES Texa's CITY ATTORNEY
KAPRINA FRANK
AGENDA
City Council
Regular Meeting
August 28, 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
August 28, 2018
8:30 A.M.
PLEASE TURN OFF OR MUTEALL 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:
Interim Police Chief Owens
Or Designee
II. PROCLAMATIONS
Proclamations
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Hilton Kelley Regarding Mardi Gras Vendors And Selling Outside
Gate
(2) Devin Woods Regarding Dangerous Condition Existing At HEB
(3) Doris DeCuire Regarding The Civic Center Event Policies
(4) William P. Wells Regarding Mardi Gras
AGENDA
AUGUST 28, 2018
III. PETITIONS & COMMUNICATIONS — CONTINUED
B. Presentations
(1) A Presentation By Dingo Loose Productions And Clifton E. Williams,
Sr. Regarding The Southern Soul And Zydeco Dance Festival
(2) A Presentation By Staff And Freese & Nichols Regarding The Capital
Improvements Program For The City Of Port Arthur
(3) A Presentation By Civic Center Director Adam Saunders And
Lieutenant Jeremy Houston Regarding Proposed Policy Changes To
Enhance Security At The Civic Center
(4) A Presentation By Staff Regarding The Current Status Of The
Restoration Of City Buildings
(5) A Presentation By Finance Director Andrew Vasquez Regarding The
July 2018 Monthly Financial Report
(6) A Presentation By The Parks & Recreation Department Regarding
The KaB00M! Grant Received, To Build A Playground System
Located At Barbara Jacket Park
C. Employee Recognition — None
D. Correspondence — None
E. Discussion — None
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 2018
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 Hearing Be Held By The
Governing Body Before Adopting The Proposed Tax Rate
2
AGENDA
AUGUST 28, 2018
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. Expense Reports — None
(Al) City Attorney Val Tizeno:
93rd Annual Convention & Exhibits
National Bar Association Continuing Legal Education
New Orleans, LA
July 29 — Aug 2, 2018 $2,249.20
B. Minutes
July 31, 2018 Regular Meeting
August 14, 2018 Special Executive Meeting
August 14, 2018 Regular Meeting
August 21, 2018 Special Meeting
C. Resolutions
(1) P.R. No. 20237 — A Resolution Authorizing The City Manager To
Execute An Agreement With Architect's Studio Of Port Arthur,
Texas For The Architectural And Design Services For The
Renovation Of Port Arthur Transit's Terminal Building In The
Amount Of $36,500.00. Funding Is Available In Transit Building
Account 401-1509-561.82-00
3
AGENDA
AUGUST 28, 2018
VI. CONSENT AGENDA — CONTINUED
(2) P.R. No. 20277 — A Resolution To Amend The FY 2017-2018
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, 2019 For A Total Not To
Exceed $1,913,046.00. No City Match Required
(3) P.R. No. 20363 — A Resolution Authorizing The City Manager To
Enter Into A Contract With Spidle & Spidle, Inc., Of Port Arthur,
Texas For The Lease Of A 2,000 Gallon Diesel Tank And Purchase
The Supplementary Fuel Until March 2019, In An Amount Not
Exceed $150,000.00; Funds Are Available In Transit Fuel And
Lubrication Account No. 401-1501-561.24-00
(4) P.R. No. 20393 — A Resolution Authorizing The Commencement Of
A Public Hearing Process In Order To Ascertain Public Comment
Regarding The Annexation Of Property Described As A 2.543 Acre
Tract Or Parcel Of Land Situated In The B.B.B. & C.R.R. Survey,
Abstract 93, Located At The Intersection Of State Highway 82 And
Terminal Road
(5) P.R. No. 20394 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $178,488.32
Made Against Texas Municipal League Intergovernmental Risk Pool
(TMLIRP) As A Result Of The Flood Damaged Police Department
Equipment Due To Hurricane Harvey (August 30, 2017)
(6) P.R. No. 20395 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $20,000.00
Made Against Texas Municipal League Intergovernmental Risk Pool
(TMLIRP) As A Result Of The Oil Spill Pollution Cleanup Costs At
Bryan Park (1000 Gulfway Drive) After Hurricane Harvey (August
30, 2017)
(7) P.R. No. 20397 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $5,574.92
Made Against Texas Municipal League Intergovernmental Risk Pool
(TMLIRP) As A Result Of The Flood Damage Contents In A Storage
Building At The Port Arthur Public Library As A Result Of Hurricane
Harvey (August 30, 2017)
4
AGENDA
AUGUST 28, 2018
VI. CONSENT AGENDA — CONTINUED
(8) P.R. No. 20407 — A Resolution Authorizing The City Manager To
Execute A Contract Between The City And Paramont Design And
Development Of Beaumont, TX For The Reconstruction Of Three
(3) Houses In The Amount Of $400,000, Which Includes A
$15,000.00 Contingency. Funds Are Available In Account Numbers
108-2141-626.59-00 (Home), Project Numbers HE1602, HE1702
And 105-1431-552.59-00 (CDBG) Project Numbers C43115, C43117
And C43151
(9) P.R. No. 20408 — A Resolution Authorizing The City Manager To
Execute Contracts Between Its Third Party Administrator
(Administrative Services Only) For The City Of Port Arthur Group
Medical, Dental Insurance, Basic Life, Basic Accidental Death And
Dismemberment, And Excess Loss Indemnity With Blue Cross And
Blue Shield Of Texas, Inc.
(10) P.R. No. 20410 — A Resolution Authorizing The Execution Of
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 $52,000.00, This Being $5,000.00 For Gift Of Life; $10,000.00
For Nutrition And Services For Seniors; $10,000.00 For Tender
Loving Care DBA Legacy Community Development Corporation, And
$27,000.00 For Catholic Charities For The Benefit Of The Low And
Moderate-Income Residents Of The City
(11) P.R. No. 20411 — A Resolution Authorizing The City Manager To
Reject The Bid For Replacing Ten (10) 2008 Orion ISL 280
Cummins Engines, Bid No. P-18-073 For The Transit Department
(12) P.R. No. 20414 — A Resolution Authorizing The Purchase Of Two
(2) 2018 Ford E550 Fixed Route Vehicles From The State Of Texas
Smart Buy Contract Through Creative Bus Sales Of Irving, Texas,
In The Total Amount Not To Exceed $216,851.46. Funds Are
Available In Transit Capital Account Number 401-1509-561.93-00
5
AGENDA
AUGUST 28, 2018
VI. CONSENT AGENDA — CONTINUED
(13) P.R. No. 20415 — 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 2018
Edward Byrne Memorial Justice Assistance Grant (JAG) And Receive
Funding In The Amount Of $25,971.00, No Cash Match
Requirement
(14) P.R. No. 20417 — A Resolution Ratifying Replacement Of A Chiller
Unit With ABM Building Services, LLC Of Houston, Texas Through
BuyBoard Contract No. 552-17, Due To A Rupture In The Heat
Exchanger Bundle At The Water Purification Plant In The Amount
Of $44,472.00; Funding Is Available In Water Utilities Account No.
410-1252-532.32-00, Building Maintenance
(15) P.R. No. 20418 — A Resolution Authorizing Execution Of A
Cooperative Agreement With The U.S. Environmental Protection
Agency For A $300,000.00 Brownfields Grant — No Match Required
(16) P.R. No. 20419 — A Resolution Designating And Establishing The
Southern Soul And Zydeco Dance Festival Entertainment Area,
Designating Dingo Loose Productions And Clifton E. Williams, Sr. As
Exclusive Concessionaire And Authorizing The City Manager To
Execute An Agreement With Dingo Loose Productions And Clifton E.
Williams, Sr.
(17) P.R. No. 20420 — A Resolution Approving The Declaration Of A
Public Health, Safety, And Economic Recovery Emergency Related
To Hurricane Harvey Damaged Structures; Hurricane Harvey
Recovery Funds Will Be Used To Demolish These Structures
[Disaster #4332-TX]
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 20389 — A Resolution Approving An Economic Incentive
Contract & Loan Agreement Between The City Of Port Arthur
Section 4A Economic Development Corporation And K&D Marine,
LLC D/B/A Dustin Gulf Seafood
6
AGENDA
AUGUST 28, 2018
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(2) P.R. No. 20390 — A Resolution Approving The First Renewal Of A
Contract For Retention Of Guy N. Goodson And Kate K. Leverett
With Germer PLLC For Professional Legal Services For The City Of
Port Arthur Section 4A Economic Development Corporation With
One Additional Year Renewal Option
(3) P.R. No. 20416 — A Resolution Nominating A Member To The
Board Of Directors Of The Jefferson County Appraisal District For
The Remaining Portion Of The 2018 — 2019 Term, Due To A
Vacancy
B. Ordinances — Non-Consent
(1) P.O. No. 6729 — An Ordinance Amending Ordinance No. 16-53 As It
Pertains To Article 14 (Seniority) Of The Collective Bargaining
Agreement Between The City Of Port Arthur And The Port Arthur
Police Association
VIII. BUDGET WORKSHOP
To Discuss The Proposed FY 2018-2019 Budget
R
AGENDA
AUGUST 28, 2018
XI. *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 — Attorney Consultation To
Provide Advice And Counsel In Connection With The City's Rights,
Duties, Privileges, And Obligations In Connection With Pending
Litigation And Negotiations With The Port Arthur Police Association
(2) Section 551.071 Government Code — To Receive Legal Advice And
Consultation With The City Attorney Related To Potential
Claims/Lawsuits Against The City
(3) Section 551.087 Government Code — To Discuss Incentives For
Commercial, Residential, And/Or Industrial Business Prospects (K &
D Marine, LLC DBA Dustin Gulf Seafood)
(4) Section 551.087 Government Code — To Discuss Economic
Development Incentives In The Industrial District/ETJ
*The Items In Executive Session May Be Discussed And Acted On In Open
Session
s
AGENDA
AUGUST 28, 2018
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 August 29, 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
************************************************************
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 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.
S. 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.
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, August 28, 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 Au us 8, 2018
Meeting �Agenda was posted this day of
2018 in the City Hall Building Lobby
_
(insi a/outside), Port Arthur, Texas at P.M.
K Moore
Assistant City Secretary
I certify that the attached notice and agenda was
removed by..--.,me from the City Hall bulletin board
11
(insid outside)) on the day of AUGL a 7018 ,
2018.
Title:
k'
r
DERRICK FORD FREEMAN,MAYOR Energy HARVEY ROBINSON
THOMAS J. KINLAW III,MAYOR PRO TEM City of cuy INTERIM CITY MANAGER
COUNCIL MEMBERS: ` SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
CAL J.JONES o rt r t h u r
HAROLD DOUCET,SR. VAL TIZENO
CHARLOTTE MOSES Tc tas CITY ATTORNEY
KAPRINA FRANK
AGENDA
City Council
Regular Meeting
August 28, 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
August 28, 2018
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:
Interim Police Chief Owens
Or Designee
II. PROCLAMATIONS
Proclamations
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Hilton Kelley Regarding Mardi Gras Vendors And Selling Outside
Gate
(2) Devin Woods Regarding Dangerous Condition Existing At HEB
(3) Doris DeCuire Regarding The Civic Center Event Policies
(4) William P. Wells Regarding Mardi Gras
1
r
AGENDA
AUGUST 28, 2018
III. PETITIONS & COMMUNICATIONS — CONTINUED
B. Presentations
(1) A Presentation By Dingo Loose Productions And Clifton E. Williams,
Sr. Regarding The Southern Soul And Zydeco Dance Festival
(2) A Presentation By Staff And Freese & Nichols Regarding The Capital
Improvements Program For The City Of Port Arthur
(3) A Presentation By Civic Center Director Adam Saunders And
Lieutenant Jeremy Houston Regarding Proposed Policy Changes To
Enhance Security At The Civic Center
(4) A Presentation By Staff Regarding The Current Status Of The
Restoration Of City Buildings
(5) A Presentation By Finance Director Andrew Vasquez Regarding The
July 2018 Monthly Financial Report
(6) A Presentation By The Parks & Recreation Department Regarding
The KaB00M! Grant Received, To Build A Playground System
Located At Barbara Jacket Park
C. Employee Recognition — None
D. Correspondence — None
E. Discussion — None
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 2018
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 Hearing Be Held By The
Governing Body Before Adopting The Proposed Tax Rate
v
AGENDA
AUGUST 28, 2018
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. Expense Reports — None
(Al) City Attorney Val Tizeno:
93rd Annual Convention & Exhibits
National Bar Association Continuing Legal Education
New Orleans, LA
July 29 — Aug 2, 2018 $2,249.20
B. Minutes
July 31, 2018 Regular Meeting
August 14, 2018 Special Executive Meeting
August 14, 2018 Regular Meeting
August 21, 2018 Special Meeting
C. Resolutions
(1) P.R. No. 20237 — A Resolution Authorizing The City Manager To
Execute An Agreement With Architect's Studio Of Port Arthur,
Texas For The Architectural And Design Services For The
Renovation Of Port Arthur Transit's Terminal Building In The
Amount Of $36,500.00. Funding Is Available In Transit Building
Account 401-1509-561.82-00
AGENDA
AUGUST 28, 2018
VI. CONSENT AGENDA — CONTINUED
(2) P.R. No. 20277 — A Resolution To Amend The FY 2017-2018
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, 2019 For A Total Not To
Exceed $1,913,046.00. No City Match Required
(3) P.R. No. 20363 — A Resolution Authorizing The City Manager To
Enter Into A Contract With Spidle &'Spidle, Inc., Of Port Arthur,
Texas For The Lease Of A 2,000 Gallon Diesel Tank And Purchase
The Supplementary Fuel Until March 2019, In An Amount Not
Exceed $150,000.00; Funds Are Available In Transit Fuel And
Lubrication Account No. 401-1501-561.24-00
(4) P.R. No. 20393 — A Resolution Authorizing The Commencement Of
A Public Hearing Process In Order To Ascertain Public Comment
Regarding The Annexation Of Property Described As A 2.543 Acre
Tract Or Parcel Of Land Situated In The B.B.B. & C.R.R. Survey,
Abstract 93, Located At The Intersection Of State Highway 82 And
Terminal Road
(5) P.R. No. 20394 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $178,488.32
Made Against Texas Municipal League Intergovernmental Risk Pool
(TMLIRP) As A Result Of The Flood Damaged Police Department
Equipment Due To Hurricane Harvey (August 30, 2017)
(6) P.R. No. 20395 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $20,000.00
Made Against Texas Municipal League Intergovernmental Risk Pool
(TMLIRP) As A Result Of The Oil Spill Pollution Cleanup Costs At
Bryan Park (1000 Gulfway Drive) After Hurricane Harvey (August
30, 2017)
(7) P.R. No. 20397 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $5,574.92
Made Against Texas Municipal League Intergovernmental Risk Pool
(TMLIRP) As A Result Of The Flood Damage Contents In A Storage
Building At The Port Arthur Public Library As A Result Of Hurricane
Harvey (August 30, 2017)
4
AGENDA
AUGUST 28, 2018
VI. CONSENT AGENDA — CONTINUED
(8) P.R. No. 20407 — A Resolution Authorizing The City Manager To
Execute A Contract Between The City And Paramont Design And
Development Of Beaumont, TX For The Reconstruction Of Three
(3) Houses In The Amount Of $400,000, Which Includes A
$15,000.00 Contingency. Funds Are Available In Account Numbers
108-2141-626.59-00 (Home), Project Numbers HE1602, HE1702
And 105-1431-552.59-00 (CDBG) Project Numbers C43115, C43117
And C43151
(9) P.R. No. 20408 — A Resolution Authorizing The City Manager To
Execute Contracts Between Its Third Parry Administrator
(Administrative Services Only) For The City Of Port Arthur Group
Medical, Dental Insurance, Basic Life, Basic Accidental Death And
Dismemberment, And Excess Loss Indemnity With Blue Cross And
Blue Shield Of Texas, Inc.
(10) P.R. No. 20410 — A Resolution Authorizing The Execution Of
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 $52,000.00, This Being $5,000.00 For Gift Of Life; $10,000.00
For Nutrition And Services For Seniors; $10,000.00 For Tender
Loving Care DBA Legacy Community Development Corporation, And
$27,000.00 For Catholic Charities For The Benefit Of The Low And
Moderate-Income Residents Of The City
(11) P.R. No. 20411 — A Resolution Authorizing The City Manager To
Reject The Bid For Replacing Ten (10) 2008 Orion ISL 280
Cummins Engines, Bid No. P-18-073 For The Transit Department
(12) P.R. No. 20414 — A Resolution Authorizing The Purchase Of Two
(2) 2018 Ford E550 Fixed Route Vehicles From The State Of Texas
Smart Buy Contract Through Creative Bus Sales Of Irving, Texas,
In The Total Amount Not To Exceed $216,851.46. Funds Are
Available In Transit Capital Account Number 401-1509-561.93-00
s
T
i F
AGENDA
AUGUST 28, 2018
VI. CONSENT AGENDA — CONTINUED
(13) P.R. No. 20415 — 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 2018
Edward Byrne Memorial Justice Assistance Grant (JAG) And Receive
Funding In The Amount Of $25,971.00, No Cash Match
Requirement
(14) P.R. No. 20417 — A Resolution Ratifying Replacement Of A Chiller
Unit With ABM Building Services, LLC Of Houston, Texas Through
BuyBoard Contract No. 552-17, Due To A Rupture In The Heat
Exchanger Bundle At The Water Purification Plant In The Amount
Of $44,472.00; Funding Is Available In Water Utilities Account No.
410-1252-532.32-00, Building Maintenance
(15) P.R. No. 20418 — A Resolution Authorizing Execution Of A
Cooperative Agreement With The U.S. Environmental Protection
Agency For A $300,000.00 Brownfields Grant — No Match Required
(16) P.R. No. 20419 — A Resolution Designating And Establishing The
Southern Soul And Zydeco Dance Festival Entertainment Area,
Designating Dingo Loose Productions And Clifton E. Williams, Sr. As
Exclusive Concessionaire And Authorizing The City Manager To
Execute An Agreement With Dingo Loose Productions And Clifton E.
Williams, Sr.
(17) P.R. No. 20420 — A Resolution Approving The Declaration Of A
Public Health, Safety, And Economic Recovery Emergency Related
To Hurricane Harvey Damaged Structures; Hurricane Harvey
Recovery Funds Will Be Used To Demolish These Structures
[Disaster #4332-TX]
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 20389 — A Resolution Approving An Economic Incentive
Contract & Loan Agreement Between The City Of Port Arthur
Section 4A Economic Development Corporation And K&D Marine,
LLC D/B/A Dustin Gulf Seafood
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AGENDA
AUGUST 28, 2018
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(2) P.R. No. 20390 — A Resolution Approving The First Renewal Of A
Contract For Retention Of Guy N. Goodson And Kate K. Leverett
With Germer PLLC For Professional Legal Services For The City Of
Port Arthur Section 4A Economic Development Corporation With
One Additional Year Renewal Option
(3) P.R. No. 20416 — A Resolution Nominating A Member To The
Board Of Directors Of The Jefferson County Appraisal District For
The Remaining Portion Of The 2018 — 2019 Term, Due To A
Vacancy
B. Ordinances — Non-Consent
(1) P.O. No. 6729 — An Ordinance Amending Ordinance No. 16-53 As It
Pertains To Article 14 (Seniority) Of The Collective Bargaining
Agreement Between The City Of Port Arthur And The Port Arthur
Police Association
VIII. BUDGET WORKSHOP
To Discuss The Proposed FY 2018-2019 Budget
AGENDA
AUGUST 28, 2018
XI. *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 — Attorney Consultation To
Provide Advice And Counsel In Connection With The City's Rights,
Duties, Privileges, And Obligations In Connection With Pending
Litigation And Negotiations With The Port Arthur Police Association
(2) Section 551.071 Government Code — To Receive Legal Advice And
Consultation With The City Attorney Related To Potential
Claims/Lawsuits Against The City
(3) Section 551.087 Government Code — To Discuss Incentives For
Commercial, Residential, And/Or Industrial Business Prospects (K &
D Marine, LLC DBA Dustin Gulf Seafood)
(4) Section 551.087 Government Code — To Discuss Economic
Development Incentives In The Industrial District/ETJ
*The Items In Executive Session May Be Discussed And Acted On In Open
Session
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AGENDA
AUGUST 28, 2018
X. 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 29, 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
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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. Disorderfy 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.
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