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HomeMy WebLinkAbout09/25/2018 - REGULAR COUNCIL MEETING @ 8:30 A.M. (INSIDE/OUTSIDE) f L 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, September 25, 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 September . 25, 2018 Meeting Agenda was posted this day of l2 2018 in the City Hall Building Lobby (inside/outside), Por Arthur, Texas at D ; p.m. Sherri Bellard City Secretary I certify that the attached notice and agenda was r owed by me from the City HalllIxtoard (inside ' utside) on the day of OCT zona , 20 Title: «� � _ of DERRICK FORD FREEMAN,MAN OR HARVEY ROBINSON THOMAS J. KINLAW III,MAYOR PRO TEM City Of INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES n rt r t h u r HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES Tc_ca's CITY ATTORNEY KAPRINA FRANK AGENDA City Council Regular Meeting September 25, 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. � f City Council Meeting City Hall Council Chamber I City Of Port Arthur September 25, 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: Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Willie Lewis Regarding Contacting The State And Federal Housing Compliance Departments Regarding Qualifications Of Tenants At 0. W. Collins, Louis Manor And Prince Hall (2) John Beard Regarding The Erosion Of Pleasure Island (3) Ashley Almond & Valeria Perez Regarding A Mural For The Port Arthur Animal Shelter B. Presentations (1) A Presentation By Vivian Ballou Regarding Legacy CDC Regarding A Status Update On The Downtown Housing Program 1 AGENDA SEPTEMBER 25, 2018 IV. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation Regarding The 2020 Census (3) A Presentation Armando Gutierrez Regarding Street Rehabilitation (4) A Presentation By Finance Director Andrew Vasquez Regarding The August 2018 Monthly Financial Report C. Employee Recognition — None D. Correspondence — None E. Discussion — None V. PUBLIC HEARINGS — 9:00 A.M. — NONE VI. UNFINISHED BUSINESS (1) P.R. No. 20429 — A Resolution Approving The Application Of Viking Enterprises Inc. DBA City Ambulance Service For An Ambulance Agreement VII. 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 B. Minutes September 11, 2018 Special Executive Meeting September 11, 2018 Regular Meeting 2 3 go AGENDA SEPTEMBER 25, 2018 VII. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 20299 — A Resolution Terminating A Contract With 2S Roll Off Service, LLC And Awarding Same To The Next Lowest Bidder, Lark Group, Inc., In The Amount Of $31,700.00, For Demolition Of Six (6) Dangerous Residential Properties With Transite Siding (Group B-T) To Be Charged To Account No. 001-1052-517.59-00 (General Fund) (2) P.R. No. 20422 — A Resolution Authorizing The City Manager To Purchase Library Furniture/Shelving For The Library From Educator's Deport Of Sugar Land, Texas, Through The Texas BuyBoard Cooperating Purchasing, Contract No. 503-16, With The Projected Budgetary Impact Amount Of $30,374.46. Furniture Will Be Funded With Hurricane Harvey Account No. 147-2300-901.91- 00, Project No. 082617 Then Be Reimbursed Through TMLIRP (3) P.R. No. 20433 — A Resolution Authorizing The City Manager To Execute A Contract Between Texas Municipal League Intergovernmental Risk Pool — Turnkey Recovery Program To Rebuild The EI Vista Community Center (615 Elias Street) And Ryman Building (3248 39th Street) (4) P.R. No. 20435 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract With Hampshire Roofing Co, LLC Of Lumberton, Texas For Plaster Work And Painting Of Ceiling At Rose Hill Manor In The Amount Of $11,250.00; Funding Available From Hotel Occupancy Tax Account No. 140-1405-551.59-00, Project No. M97908 (5) P.R. No. 20436 — A Resolution Authorizing The Purchase Of A Kubota Tractor From Kubota Tractor Corporation Of Grapevine, Texas, Under BuyBoard Contract No. 515-16 And No. 529-17, Replacing Unit #1389, A New Holland Slope Mower, Damaged Due To Hurricane Harvey, For The Public Works Drainage Division, With A Projected Budgetary Impact Of $49,231.23; Funds Are Available In The Emergency Management Fund — Equipment Account No. 147-2300-901.92-00, Project No. 082617 AGENDA SEPTEMBER 25, 2018 VII. CONSENT AGENDA — CONTINUED (6) P.R. No. 20437 — A Resolution Terminating A Contract With 2S Roll Off Service, LLC And Awarding Same To The Next Lowest Bidder Lark Group, Inc., In The Amount Of $28,200.00, For Demolition Of Six (6) Dangerous Residential Properties (Group D) To Be Charged To Account No. 001-1052-517.59-00 (General Fund) (7) P.R. No. 20439 — A Resolution Rescinding Resolution 18-119 In Its Entirety Which Authorized A Loan Agreement For The Purchase Of 2.8 Acres Of Land In The City Of Port Arthur Section 4A Economic Development Corporation's Highway 73 Business Park To KLV Ventures, Inc (8) P.R. No. 20440 — A Resolution Requesting Financial Assistance From The Texas Water Development Board; Authorizing The Filing Of An Application For Assistance From The Clean Water State Revolving Fund; And Making Certain Findings In Connection Therewith (9) P.R. No. 20441 — A Resolution Approving The Sale Of Approximately Six (6) Acres Of Land In The City Of Port Arthur Section 4A Economic Development Corporation Spur 93 Business Park To Walden Road Properties, LLC (10) P.R. No. 20448 — A Resolution Authorizing The Third Year, Second And Final Renewal, Of The Agreement With 1. M. Kaufman, Redwine Enterprises And Mid County, LTD., Of Port Arthur, Texas And Ross Ridge Sand Company, LP Of Vidor, Texas For The Excavating And Hauling Of Materials With A Projected Budgetary Impact Of $800,000.00; Funds Are Available In The Public Works Landfill — Landfill Construction Account No. 403-1274-533.59-02, Public Works Streets — Streets Maintenance Account No. 001-1203- 531.36-00, And Parks Maintenance — Land Maintenance Account No. 001-1207-531.31-00 4 AGENDA SEPTEMBER 25, 2018 VII. CONSENT AGENDA — CONTINUED (11) P.R. No. 20449 — A Resolution Authorizing The Purchase Of A 6" Trailer Mounted Diesel Pump From Xylem Of Houston, Texas, Under H-GAC Contract No, CM02-17, For The Public Works Drainage Division, With A Projected Budgetary Impact Of $57,039.00; Funds Are Available In The Capital Reserve Funding Public Works Drainage 625-1801-531.92-04 (12) P.R. No. 20450 — A Resolution Authorizing The Purchase Of A Brush Mulcher Attachment From ASCO Of Beaumont, Texas, Under HGAC Contract No. EM06-17, For The Public Works Drainage Division, In The Amount Of $65,928.22; Funds Are Available In The Capital Reserve Funding Public Works Drainage 625-1801-531.92-04 (13) P.R. No. 20452 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $10,202.37 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Water Distribution Unit #2024 (14) P.R. No. 20453 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $8,856.42 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Transit Unit #1804 (15) P.R. No. 20456 — A Resolution Authorizing The Acceptance Of A Five Foot Sidewalk Easement From PAISD And The Installation Of Sidewalk Along 9t" Ave. South Of Lake Arthur Dr. To The Entrance Of Memorial High School Then Southwest To The Softball Fields, With A Projected Budgetary Impact Of $24,423.70; Funds Are Available In The Public Works Streets Division — ADA Sidewalks Account No. 001-1203-531.87-00 5 AGENDA SEPTEMBER 25, 2018 VII. CONSENT AGENDA — CONTINUED (16) P.R. No. 20457 — A Resolution Ratifying A Contract And Authorizing Payment Of An Invoice For Professional Services (Non-Federal Form) Between The City Of Port Arthur Section 4A Economic Development Corporation And Arceneaux Wilson & Cole, LLC For Engineering Services In Connection With A 12-Inch Water Line Crossing And Electrical Line Crossing To The Jade Avenue Business Park In An Amount Not To Exceed Six Thousand, Four Hundred Eighteen Dollars ($6,418.00) Funds Available In PAEDC Account #120-1429-582.86-00 (17) P.R. No. 20458 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract For Jade Avenue Business Park Waterline And Electrical Line Crossing With BDS Constructors D/B/A MK Constructors Of Vidor, Texas In An Amount Not To Exceed $137,000.00 EDC Account No. 120-1429-582.59-02 (18) P.R. No. 20468 — A Resolution Authorizing The City Manager To Enter Into A Contract For Janitorial Services For The Health Department With Diamond Shine Building Service Of Buna, Texas, For An Estimated Budgetary Amount Of $68,475.00 Annually (19) P.R. No. 20469 — A Resolution Authorizing The City Manager To Execute Settlement Of Rental Fees For An Excavator From Golden Triangle Industries, Inc. In The Amount Of $6,138.75 Made Against Liberty Mutual Insurance As A Result Of Property Damage To Streets Unit #1990 (20) P.R. No. 20475 — A Resolution Accepting A List Of Streets For Remedial Asphalt Rehabilitation For Streets Division Of Public Works To Preserve And Extend The Life Of The Existing Pavement With No Projected Budget Impact (21) P.R. No. 20477 — A Resolution Approving A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And KLV Ventures, Inc. ("KLV") For 2.8 Acres Of Land At The Hwy 73 Business Park For An Amount Of One Hundred Seventy-Five Thousand Dollars And 00/100 Dollars ($175,000.00) 6 AGENDA SEPTEMBER 25, 2018 VII. CONSENT AGENDA — CONTINUED (22) P.R. No. 20481 — A Resolution Authorizing The City Manager To Enter Into A Contract With Berg Oliver Associates, Inc., Of Houston, Texas, For Environmental Services To Attain Regulatory Closure From The Texas Commission On Environmental Quality (TCEQ) For The Engine 503 And Tender (Train) In The Amount Of $10,860.00; Funding Available In Hurricane Harvey Account No. 147-2300-91.54-00, Project No. 082617 (23) P.R. No. 20484 — A Resolution Authorizing The City Manager To Enter Into A Contract With Action Restoration Of Port Arthur, Texas, Through Tips Cooperative Contract Nos. 161201 And 180205 For City Hall Repairs And Mold Remediation, In The Total Amount Of $111,950.00. Funds Are Available In Account No. 001- 1206-532-32-00 Building Maintenance — Facilities Maintenance Division VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20325 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With GT Logistics LLC And Golden Triangle Properties (2) P.R. No. 20381 — A Resolution Authorizing Change To The Policy At The Robert A. ' Bob" Bowers Civic Center (3) P.R. No. 20444 — A Resolution Authorizing The Lease Of Office Space Located Within 501 Procter Street By The Port Arthur Section 4A Economic Development Corporation To The City Of Port Arthur (4) P.R. No. 20446 — A Resolution Rescinding Resolution No. 18-355 In Its Entirety Which Awarded A Contract Between The City Of Port Arthur And Paramount Design And Development Of Beaumont, Texas For The Reconstruction Of Three (3) Houses AGENDA SEPTEMBER 25, 2018 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (5) P.R. No. 20447 — 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 (6) P.R. No. 20454 — A Resolution Authorizing The October 9, 2018 Regularly Scheduled Council Meeting Date To Be Rescheduled Or Cancelled (7) P.R. No. 20455 — A Resolution Setting Public Hearing To Review The Service Plan For The Annexation Of Property Located At The Intersection Of State Highway 82 And Terminal Road, And To Receive Comments From The Public On The Proposed Annexation (8) P.R. No. 20459 — A Resolution As It Pertains To Alternate Municipal Court Judges To Act As A Magistrate And Also Act In The Absence Of The Municipal Court Judge (Requested By Mayor Freeman) (9) P.R. No. 20470 — A Resolution Authorizing The Designation Of Tender Loving Care Center For Children D/B/A Legacy Community Development Corporation As A Community Based Development Organization (CBDO) And Authorizing Execution Of A Contract Between The City And Tender Loving Care Center For Children D/B/A Legacy Community Development Corporation In The Amount Not To Exceed $320,000.00 For Infrastructure Projects In The Downtown Affordable Housing Target Area. Funding Will Be Provided From Account Number 105-1431-552.59-00, Project Numbers C43105 And 44117 8 AGENDA SEPTEMBER 25, 2018 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (10) P.R. No. 20473 — A Resolution Approving A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And NDC Housing And Economic Development Corporation, Inc., A New York Corporation For Property Located At 4th Street Between Mobile And Shreveport For An Amount Of One Hundred Ten Thousand Dollars And 00/100 Dollars ($110,000.00) (11) P.R. No. 20474 — A Resolution As It Pertains To The City Of Port Arthur's Water And Sewer Enterprise Fund (12) P.R. No. 20482 — A Resolution Authorizing The Purchase Of Excess Commercial Flood Coverage With A Projected Budgetary Impact Of $405,851.25 (13) P.R. No. 20483 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Councilmember Jones) B. Ordinances — Non-Consent (1) P.O. No. 6721 — An Ordinance By The City Of Port Arthur, Texas ("City") Approving The Settlement Filed In Entergy Texas, Inc.'s Rate Proceeding Initiated On May 15, 2018; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject; And Declaring An Effective Date (2) P.O. No. 6728 — An Ordinance Amending Article II (Personnel Policy), Division 8 (Employee Benefits), Section 78-269 (Travel Expenses) Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Travel Expenses For Councilmembers (Requested By Councilmember Doucet, Frank And Kinlaw) (3) P.O. No. 6732 — An Ordinance Providing That The Provision Set Forth In 78-109 (d) Of The Code Of Ordinances Be Applicable To Temporary Employees Hired Pursuant To The National Dislocated Worker Grant (NDW) Program 9 J AGENDA SEPTEMBER 25, 2018 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 Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Deztex Industrial Services, LLC DBA Ramtex) (2) Section 551.071 Government Code – To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects For Infrastructure Improvements For George Khalaf (Owner Of The Property Located At 1645 Jefferson Drive) (3) Section 551.074 Government Code – To Discuss The Duties And Responsibilities Of The City Secretary And The City Attorney (4) Section 551.072 Government Code — To Discuss The Value Of Land Located at 4th Street Between Mobile and Shreveport Avenue 10 a AGENDA SEPTEMBER 25, 2018 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (5) 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 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 September 26, 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 r >> 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, starnping 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. 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, September 25, 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 September 5, 2018 Meeting Agenda was posted this �) day of 2018 in the City Hall Building Lobby (inside/outside), Port Arthur, Texas at `f p.m. ID CoQaL L '' Sherri ellard City Secretary I certify that the attached notice and a .vias removed me from the City Hall tui Of board f)FT LJ!d (insid outside on the day of , 2018. Title: DERRICK FORD FREEMAN,MAYOR F„ergy HARVEY ROBINSON THOMAS J. KINLAW III,MAYOR PRO TEM Cir'of cry INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES o r t r t h it r HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES 7c'.xns CITY ATTORNEY KAPRINA FRANK AGENDA City Council Regular Meeting September 25, 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. r City Council Meeting City Hall Council Chamber City Of Port Arthur September 25, 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: Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Willie Lewis Regarding Contacting The State And Federal Housing Compliance Departments Regarding Qualifications Of Tenants At 0. W. Collins, Louis Manor And Prince Hall (2) John Beard Regarding The Erosion Of Pleasure Island (3) Ashley Almond & Valeria Perez Regarding A Mural For The Port Arthur Animal Shelter B. Presentations (1) A Presentation By Vivian Ballou Regarding Legacy CDC Regarding A Status Update On The Downtown Housing Program 1 71AGENDA SEPTEMBER 25, 2018 IV. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation Regarding The 2020 Census (3) A Presentation Armando Gutierrez Regarding Street Rehabilitation (4) A Presentation By Finance Director Andrew Vasquez Regarding The August 2018 Monthly Financial Report C. Employee Recognition — None D. Correspondence — None E. Discussion — None V. PUBLIC HEARINGS — 9:00 A.M. — NONE VI. UNFINISHED BUSINESS (1) P.R. No. 20429 — A Resolution Approving The Application Of Viking Enterprises Inc. DBA City Ambulance Service For An Ambulance Agreement VII. 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 B. Minutes September 11, 2018 Special Executive Meeting September 11, 2018 Regular Meeting V AGENDA SEPTEMBER 25, 2018 VII. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 20299 — A Resolution Terminating A Contract With 2S Roll Off Service, LLC And Awarding Same To The Next Lowest Bidder, Lark Group, Inc., In The Amount Of $31,700.00, For Demolition Of Six (6) Dangerous Residential Properties With Transite Siding (Group B-T) To Be Charged To Account No. 001-1052-517.59-00 (General Fund) (2) P.R. No. 20422 — A Resolution Authorizing The City Manager To Purchase Library Furniture/Shelving For The Library From Educator's Deport Of Sugar Land, Texas, Through The Texas BuyBoard Cooperating Purchasing, Contract No. 503-16, With The Projected Budgetary Impact Amount Of $30,374.46. Furniture Will Be Funded With Hurricane Harvey Account No. 147-2300-901.91- 00, Project No. 082617 Then Be Reimbursed Through TMLIRP (3) P.R. No. 20433 — A Resolution Authorizing The City Manager To Execute A Contract Between Texas Municipal League Intergovernmental Risk Pool — Turnkey Recovery Program To Rebuild The EI Vista Community Center (615 Elias Street) And Ryman Building (3248 39th Street) (4) P.R. No. 20435 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract With Hampshire Roofing Co, LLC Of Lumberton, Texas For Plaster Work And Painting Of Ceiling At Rose Hill Manor In The Amount Of $11,250.00; Funding Available From Hotel Occupancy Tax Account No. 140-1405-551.59-00, Project No. M97908 (5) P.R. No. 20436 — A Resolution Authorizing The Purchase Of A Kubota Tractor From Kubota Tractor Corporation Of Grapevine, Texas, Under BuyBoard Contract No. 515-16 And No. 529-17, Replacing Unit #1389, A New Holland Slope Mower, Damaged Due To Hurricane Harvey, For The Public Works Drainage Division, With A Projected Budgetary Impact Of $49,231.23; Funds Are Available In The Emergency Management Fund — Equipment Account No. 147-2300-901.92-00, Project No. 082617 J AGENDA SEPTEMBER 25, 2018 VII. CONSENT AGENDA — CONTINUED (6) P.R. No. 20437 — A Resolution Terminating A Contract With 2S Roll Off Service, LLC And Awarding Same To The Next Lowest Bidder Lark Group, Inc., In The Amount Of $28,200.00, For Demolition Of Six (6) Dangerous Residential Properties (Group D) To Be Charged To Account No. 001-1052-517.59-00 (General Fund) (7) P.R. No. 20439 — A Resolution Rescinding Resolution 18-119 In Its Entirety Which Authorized A Loan Agreement For The Purchase Of 2.8 Acres Of Land In The City Of Port Arthur Section 4A Economic Development Corporation's Highway 73 Business Park To KLV Ventures, Inc (8) P.R. No. 20440 — A Resolution Requesting Financial Assistance From The Texas Water Development Board; Authorizing The Filing Of An Application For Assistance From The Clean Water State Revolving Fund; And Making Certain Findings In Connection Therewith (9) P.R. No. 20441 — A Resolution Approving The Sale Of Approximately Six (6) Acres Of Land In The City Of Port Arthur Section 4A Economic Development Corporation Spur 93 Business Park To Walden Road Properties, LLC (10) P.R. No. 20448 — A Resolution Authorizing The Third Year, Second And Final Renewal, Of The Agreement With J. M. Kaufman, Redwine Enterprises And Mid County, LTD., Of Port Arthur, Texas And Ross Ridge Sand Company, LP Of Vidor, Texas For The Excavating And Hauling Of Materials With A Projected Budgetary Impact Of $800,000.00; Funds Are Available In The Public Works Landfill — Landfill Construction Account No. 403-1274-533.59-02, Public Works Streets — Streets Maintenance Account No. 001-1203- 531.36-00, And Parks Maintenance — Land Maintenance Account No. 001-1207-531.31-00 4 4 �► AGENDA SEPTEMBER 25, 2018 VII. CONSENT AGENDA — CONTINUED (11) P.R. No. 20449 — A Resolution Authorizing The Purchase Of A 6" Trailer Mounted Diesel Pump From Xylem Of Houston, Texas, Under H-GAC Contract No, CM02-17, For The Public Works Drainage Division, With A Projected Budgetary Impact Of $57,039.00; Funds Are Available In The Capital Reserve Funding Public Works Drainage 625-1801-531.92-04 (12) P.R. No. 20450 — A Resolution Authorizing The Purchase Of A Brush Mulcher Attachment From ASCO Of Beaumont, Texas, Under HGAC Contract No. EM06-17, For The Public Works Drainage Division, In The Amount Of $65,928.22; Funds Are Available In The Capital Reserve Funding Public Works Drainage 625-1801-531.92-04 (13) P.R. No. 20452 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $10,202.37 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Water Distribution Unit #2024 (14) P.R. No. 20453 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $8,856.42 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Transit Unit #1804 (15) P.R. No. 20456 — A Resolution Authorizing The Acceptance Of A Five Foot Sidewalk Easement From PAISD And The Installation Of Sidewalk Along 9th Ave. South Of Lake Arthur Dr. To The Entrance Of Memorial High School Then Southwest To The Softball Fields, With A Projected Budgetary Impact Of $24,423.70; Funds Are Available In The Public Works Streets Division — ADA Sidewalks Account No. 001-1203-531.87-00 t � AGENDA SEPTEMBER 25, 2018 VII. CONSENT AGENDA — CONTINUED (16) P.R. No. 20457 — A Resolution Ratifying A Contract And Authorizing Payment Of An Invoice For Professional Services (Non-Federal Form) Between The City Of Port Arthur Section 4A Economic Development Corporation And Arceneaux Wilson & Cole, LLC For Engineering Services In Connection With A 12-Inch Water Line Crossing And Electrical Line Crossing To The Jade Avenue Business Park In An Amount Not To Exceed Six Thousand, Four Hundred Eighteen Dollars ($6,418.00) Funds Available In PAEDC Account #120-1429-582.86-00 (17) P.R. No. 20458 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract For Jade Avenue Business Park Waterline And Electrical Line Crossing With BDS Constructors D/B/A MK Constructors Of Vidor, Texas In An Amount Not To Exceed $137,000.00 EDC Account No. 120-1429-582.59-02 (18) P.R. No. 20468 — A Resolution Authorizing The City Manager To Enter Into A Contract For Janitorial Services For The Health Department With Diamond Shine Building Service Of Buna, Texas, For An Estimated Budgetary Amount Of $68,475.00 Annually (19) P.R. No. 20469 — A Resolution Authorizing The City Manager To Execute Settlement Of Rental Fees For An Excavator From Golden Triangle Industries, Inc. In The Amount Of $6,138.75 Made Against Liberty Mutual Insurance As A Result Of Property Damage To Streets Unit #1990 (20) P.R. No. 20475 — A Resolution Accepting A List Of Streets For Remedial Asphalt Rehabilitation For Streets Division Of Public Works To Preserve And Extend The Life Of The Existing Pavement With No Projected Budget Impact (21) P.R. No. 20477 — A Resolution Approving A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And KLV Ventures, Inc. ("KLV") For 2.8 Acres Of Land At The Hwy 73 Business Park For An Amount Of One Hundred Seventy-Five Thousand Dollars And 00/100 Dollars ($175,000.00) 6 V AGENDA SEPTEMBER 25, 2018 VII. CONSENT AGENDA — CONTINUED (22) P.R. No. 20481 — A Resolution Authorizing The City Manager To Enter Into A Contract With Berg Oliver Associates, Inc., Of Houston, Texas, For Environmental Services To Attain Regulatory Closure From The Texas Commission On Environmental Quality (TCEQ) For The Engine 503 And Tender (Train) In The Amount Of $10,860.00; Funding Available In Hurricane Harvey Account No. 147-2300-91.54-00, Project No. 082617 (23) P.R. No. 20484 — A Resolution Authorizing The City Manager To Enter Into A Contract With Action Restoration Of Port Arthur, Texas, Through Tips Cooperative Contract Nos. 161201 And 180205 For City Hall Repairs And Mold Remediation, In The Total Amount Of $111,950.00. Funds Are Available In Account No. 001- 1206-532-32-00 Building Maintenance — Facilities Maintenance Division VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20325 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With GT Logistics LLC And Golden Triangle Properties (2) P.R. No. 20381 — A Resolution Authorizing Change To The Policy At The Robert A. "Bob" Bowers Civic Center (3) P.R. No. 20444 — A Resolution Authorizing The Lease Of Office Space Located Within 501 Procter Street By The Port Arthur Section t 4A Economic Development Corporation To The City Of Port Arthur (4) P.R. No. 20446 — A Resolution Rescinding Resolution No. 18-355 In Its Entirety Which Awarded A Contract Between The City Of Port Arthur And Paramount Design And Development Of Beaumont, Texas For The Reconstruction Of Three (3) Houses AGENDA SEPTEMBER 25, 2018 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (5) P.R. No. 20447 — 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 (6) P.R. No. 20454 — A Resolution Authorizing The October 9, 2018 Regularly Scheduled Council Meeting Date To Be Rescheduled Or Cancelled (7) P.R. No. 20455 — A Resolution Setting Public Hearing To Review The Service Plan For The Annexation Of Property Located At The Intersection Of State Highway 82 And Terminal Road, And To Receive Comments From The Public On The Proposed Annexation (8) P.R. No. 20459 — A Resolution As It Pertains To Alternate Municipal Court Judges To Act As A Magistrate And Also Act In The Absence Of The Municipal Court Judge (Requested By Mayor Freeman) (9) P.R. No. 20470 — A Resolution Authorizing The Designation Of Tender Loving Care Center For Children D/B/A Legacy Community Development Corporation As A Community Based Development Organization (CBDO) And Authorizing Execution Of A Contract Between The City And Tender Loving Care Center For Children D/B/A Legacy Community Development Corporation In The Amount Not To Exceed $320,000.00 For Infrastructure Projects In The Downtown Affordable Housing Target Area. Funding Will Be Provided From Account Number 105-1431-552.59-00, Project Numbers C43105 And 44117 s i Y AGENDA SEPTEMBER 25, 2018 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (10) P.R. No. 20473 — A Resolution Approving A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And NDC Housing And Economic Development Corporation, Inc., A New York Corporation For Property Located At 4th Street Between Mobile And Shreveport For An Amount Of One Hundred Ten Thousand Dollars And 00/100 Dollars ($110,000.00) (11) P.R. No. 20474 — A Resolution As It Pertains To The City Of Port Arthur's Water And Sewer Enterprise Fund (12) P.R. No. 20482 — A Resolution Authorizing The Purchase Of Excess Commercial Flood Coverage With A Projected Budgetary Impact Of $405,851.25 (13) P.R. No. 20483 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Councilmember Jones) B. Ordinances — Non-Consent (1) P.O. No. 6721 — An Ordinance By The City Of Port Arthur, Texas ("City") Approving The Settlement Filed In Entergy Texas, Inc.'s Rate Proceeding Initiated On May 15, 2018; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject; And Declaring An Effective Date (2) P.O. No. 6728 — An Ordinance Amending Article II (Personnel Policy), Division 8 (Employee Benefits), Section 78-269 (Travel Expenses) Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Travel Expenses For Councilmembers (Requested By Councilmember Doucet, Frank And Kinlaw) (3) P.O. No. 6732 — An Ordinance Providing That The Provision Set Forth In 78-109 (d) Of The Code Of Ordinances Be Applicable To Temporary Employees Hired Pursuant To The National Dislocated Worker Grant (NDW) Program 9 AGENDA SEPTEMBER 25, 2018 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 Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Deztex Industrial Services, LLC DBA Ramtex) (2) Section 551.071 Government Code – To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects For Infrastructure Improvements For George Khalaf (Owner Of The Property Located At 1645 Jefferson Drive) (3) Section 551.074 Government Code – To Discuss The Duties And Responsibilities Of The City Secretary And The City Attorney (4) Section 551.072 Government Code — To Discuss The Value Of Land Located at 4th Street Between Mobile and Shreveport Avenue 10 a f . AGENDA SEPTEMBER 25, 2018 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (5) 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 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 September 26, 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. Spearing 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 Councfl, 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, starnping of feet, whistling; using profane language, yelling; and similar demonstrations, which conduct disturbs the peace and goad artier 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. .