MEETING AGENDA ORANGE CITY COUNCIL Orange Public … · 11. ADJOURNMENT Page 3 of 79. ... capítulo...

City Council Meeting, October 23, 2018City of Orange, Texas

MEETING AGENDA

ORANGE CITY COUNCILOrange Public Library Auditorium

220 N. Fifth StreetOrange, Texas

October 23, 20185:30 p.m.

1. CALL TO ORDER Mayor

2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Mello

3. MOTION

a) Motion finding that the advance posting and notice requirementsof Article 8.1200 of the Code of Ordinances of the City ofOrange, Texas have been met in relation to all minutes andpending ordinances and resolutions on this agenda and that thereading of such items be confined to the captions as are agreedupon by the ordinances and resolutions. 1 Mayor/Council

4. APPROVAL OF MINUTES

a) October 9, 2018 Regular City Council Meeting 5 Mayor/Council

5. CITIZEN COMMENTS

At this time comments will be taken from the audience on anysubject matter, whether or not that item is on the agenda. Allcomments are limited to a maximum three minutes for eachspeaker. Your comments are appreciated. As the Texas OpenMeetings Act does not allow the Council to respond to items notlisted on the agenda, your comments will be duly noted by theCouncil and forwarded to the appropriate department for promptconsideration.

6. PRESENTATION

a) Presentation to Dean Granger for his service on the OrangeEconomic Development Corporation. Staff: Trahan

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7. ORDINANCES

a) First Reading:

Consider an ordinance amending certain portions of AppendixA, of the Code of Ordinances of the City of Orange, Texaspertaining to Garbage and Trash Collection Services. 13 Staff: Cheryl Zeto

8. RESOLUTIONS

a) First Reading:

Consider a resolution approving the Triangle Rescue TrainingFacility, owned by Ron McAnelley, concerning an InfrastructureGrant Agreement not to exceed $75,000 related to eligibleinfrastructure improvements to include driveway paving, waterand sanitary sewer, electrical and plumbing for the purpose ofeconomic development. 17 Staff: Trahan

b) Consider a resolution awarding a contract to MK Constructorsin the amount of $261,331.00 for the Sanitary Sewer Relocationfor EDC Development. 31 Staff: Wolf

c) Consider a resolution to enter into a contract with KinlochEquipment & Supply, Inc. through HGAC Buy in the amount of$66,979.00 for a Ram Jet Rodder. 37 Staff: Wolf

d) Consider a resolution awarding the purchase of Manual ReadMeters and Radio Read Registers from Rural Pipe & Supply inthe amount of $53,032.00. 44 Staff: Wolf

e) Consider a resolution designating individuals to act on behalf ofthe City of Orange to make withdrawals, authorize transfers andperform related actions involving all accounts on deposit withthe City’s depository bank(s). 46 Staff: Cheryl Zeto

f) Consider a resolution authorizing the Interim City Manager toenter into an agreement with Alliance Mechanical Services toprovide HVAC maintenance services for the City of Orange. 51 Staff: Cheryl Zeto

g) Consider a resolution authorizing the Interim City Manager toenter into an agreement with Pemsco Pumps to provide pumpmaintenance services for the City of Orange. 53 Staff: Cheryl Zeto

h) Consider a resolution authorizing the Interim City Manager toenter into an agreement with Emergency Power Services toprovide generator maintenance services for the City of Orange. 55 Staff: Cheryl Zeto

i) Consider a resolution authorizing the Interim City Manager toenter into an agreement with McGriff, Seibels & Williams, Inc.for management of the bidding process, bid analysis andconsultation services for employee health insurance benefits. 57 Staff: Cheryl Zeto

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9. DISCUSSION/ACTION

a) Consider a motion authorizing payment in the amount of$4,879.40 per month, to be paid on or before the 15th of eachmonth, to Jerry V. Pennington, Municipal Court Judge, for aperiod ending September 30, 2019. 64 Staff: Cheryl Zeto

b) Consider a motion authorizing payment in the amount of$2,859.72 per month, to be paid on or before the 15th of eachmonth, to Cimron Campbell, Deputy City Attorney, for a periodending September 30, 2019. 65 Staff: Cheryl Zeto

c) Consider a motion extending the agreement with George B.Barron, Alternate/Assistant Municipal Court Judge, for a periodending September 30, 2019, and authorizing payment in theamount of $406.62 per month, to be paid on or before the 15th

of each month for a period ending September 30, 2019. 66 Staff: Cheryl Zeto

d) Consider a motion accepting the provided HGAC quote andapproval to move forward for the purchase and financing of thePeterbilt 348 Chassis Grapple Truck. 67 Staff: Wolf

e) Consider a motion approving action taken by the OrangeEconomic Development Corporation to enter into an agreementwith The Houseman Companies for the expenditure of funds atEagle Point IH10 East, Orange, Texas in an amount not toexceed $425,000 for the purpose of economic development. 79 Staff: Trahan

10. REPORTS

a) Interim City Manager Report

b) City Council Report

11. ADJOURNMENT

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Texas Penal Code 30.06:“Pursuant to Section 30.06, Penal Code (trespass by license holderwith a concealed handgun), a person licensed under Subchapter H,Chapter 411, Government Code (handgun licensing law), may notenter this property with a concealed handgun”

“De conformidad con la Sección 30.06 del código penal (entrada depersona con licencia de portar o llevar armas de mano oculta), unapersona licenciada bajo el subcapítulo H, capítulo 411 del código degobierno (ley de licenciación para portar o llevar armas de mano) nose permite entrar en esta propiedad con “ninguna armas de manooculta”

Texas Penal Code 30.07:“Pursuant to Section 30.07, Penal Code (trespass by license holderwith an openly carried handgun), a person licensed underSubchapter H, Chapter 411, Government Code (handgun licensinglaw), may not enter this property with a handgun that is carriedopenly”

“De conformidad con la Sección 30.07 del código penal (entrada deuna persona con licencia de portar o llevar armas de mano visible),una persona licenciada bajo el subcapítulo H, capítulo 411 delcódigo de gobierno (ley de licenciación para portar o llevar armasde mano visible) no se permite entrar en esta propiedad conninguna “armas de mano visible”

No Firearms AllowedNo se permite ninguna armas de fuego

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STATE OF TEXAS }October 09, 2018

COUNTY OF ORANGE }

BE IT REMEMBERED THAT a Regular Meeting of the Orange City Council of the City of Orange,Orange County, Texas, was held in the Library Auditorium on Tuesday, October 09, 2018.

COUNCIL MEMBERS PRESENT: Larry Spears Jr. MayorPatrick A. Pullen Mayor Pro-TemBrad Childs Council MemberTerrie T. Salter Council MemberAnnette Pernell Council MemberBill Mello Council MemberPaul Burch Council Member

COUNCIL MEMBERS ABSENT: None

STAFF MEMBERS PRESENT: Dr. Shawn Oubre City Manager Jay Trahan Assistant City Manager,

Director of Economic Development

Patricia Anderson City SecretaryJennifer Krummel Deputy City SecretaryLane Martin Chief of PoliceCheryl Zeto Director of FinanceJim Wolf Director of Public WorksKelvin Knauf Director of Planning and

C o m m u n i t yDevelopment

David Frenzel Fire ChiefLee Anne Brown Deputy Fire ChiefHillary Haynes S o c i a l M e d i a

CoordinatorMike Zeto CIS ManagerLoretta Warnell Municipal Court ClerkSandy Wilson Grants PlannerKelly Griffin Police Evid. & ID TechJohn Cash Smith City Attorney

STAFF MEMBERS ABSENT: Brenna Manasco Library Director

Mayor Spears called the meeting to order at 9:16 a.m.

Council Member Salter led the Invocation and the Pledge of Allegiance.

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Regular Meeting 2 October 09, 2018

MOTION FINDING THAT THE ADVANCE POSTING AND NOTICE REQUIREMENTS OFARTICLE 8.1200 OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS HAVEBEEN MET IN RELATION TO ALL MINUTES AND PENDING ORDINANCES ANDRESOLUTIONS ON THIS AGENDA AND THAT THE READING OF SUCH ITEMS BE CONFINEDTO THE CAPTIONS AS ARE AGREED UPON BY THE ORDINANCES AND RESOLUTIONS.

Council Member Pernell moved to approve the motion. Second to the motion was made by CouncilMember Childs which carried unanimously.

APPROVAL OF MINUTES

Council Member Pernell moved to approve the minutes of the August 28, 2018 Orange EconomicDevelopment Corporation Meeting. Second to the motion was made by Council Member Salterwhich carried unanimously.

Council Member Childs moved to approve the minutes of the September 11, 2018 Orange EconomicDevelopment Corporation Meeting. Second to the motion was made by Council Member Salterwhich carried unanimously.

Council Member Childs moved to approve the minutes of the September 18, 2018 Special Call CityCouncil Meeting. Second to the motion was made by Council Member Salter which carriedunanimously.

Council Member Pernell moved to approve the minutes of the September 24, 2018 Special Call CityCouncil Meeting. Second to the motion was made by Council Member Burch which carriedunanimously.

Council Member Childs moved to approve the minutes of the September 25, 2018 Regular CityCouncil Meeting. Second to the motion was made by Council Member Burch which carriedunanimously.

CITIZEN COMMENTS

Alan Mesecher, 704 10th Street, advised he is concerned about the comments made by CouncilMember Pernell at the City of Beaumont Council Meeting.

Roland Buckner, 1404 W. Cherry Avenue, asked what would it take to re-open the Natatorium. Headvised he is concerned about the condition of streets within the City.

Bob Baptista, 6309 Bent Water, advised he hopes the Council will approve the mitigation projectsfor FEMA funding. He advised he is concerned about the construction of the bridges on IH-10feeder roads.

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Beverly Hatcher, advised she is the President of Golden Triangle Minority Business Council. Sheadvised this organization promotes small businesses. She briefed Council on Texas Small BusinessRebuild promoted by Lift Fund.

Geralyn Vine, 905 Orange Avenue, invited the citizens to the Historic Ghost Walk Tour on Saturday,October 13, 2018 from 5:30 p.m. until 8:00 p.m.

James Stephenson 6415 Rosewood Drive, advised he is concerned about water being drained ontohis property from a trucking company adjacent to his property and nothing is being done about it.

Dr. Lewis Harris, invited citizens to attend the Orange Health Fair at Orange Church of God.

Henry Lowe, 106 W. Dewey Avenue, asked that before the Emma Wallace School is demolishedthat he could be notified so he could retrieve some bricks for the Orange African American Museumto make a memorial.

Ms. Haynes invited citizens to attend the Halloween Spooktacular Movie Night, Saturday, October27, 2018 from 6:00 p.m. until 9:00 p.m. at the Orange Riverfront Pavilion.

PROCLAMATION

The Fire Prevention Week Proclamation was accepted by Fire Chief Frenzel.

PRESENTATION

Mayor Spears presented Joe Love with a Certificate of Appreciation for his service on the Planningand Zoning Commission.

ORDINANCES

FINAL READING:

ORDINANCE OF THE CITY OF ORANGE, TEXAS GRANTING A FRANCHISE TO DSC CARTING,LLC DBA DEEP SOUTH CONTAINERS TO OPERATE A COMMERCIAL CLOSED CONTAINERGARBAGE COLLECTION SERVICE IN THE CITY OF ORANGE; PROVIDING THE TERMS,CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITYTO THE CITY, RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISEPAYMENTS; AND PROVIDING FOR SEVERABILITY. (FIRST READING SEPTEMBER 25, 2018)

Council Member Mello moved to approve the ordinance. Second to the motion was made by Council MemberBurch which carried unanimously.

A copy of this ordinance is being made a part of these minutes as Ordinance Number 2018-14.

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RESOLUTIONS

RESOLUTION AUTHORIZING THE EXTENSION OF THE CITY’S HVAC CONTRACT WITH ALLIANCEMECHANICAL SERVICES THROUGH NOVEMBER 29, 2018 OR UNTIL A NEW CONTRACT AGREEMENTIS DECIDED UPON.

Council Member Mello moved to approve the resolution. Second to the motion was made by MayorPro-Tem Pullen which carried unanimously.

A copy of this resolution is being made a part of these minutes as Resolution Number 2018-50.

RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THECOUNTY OF ORANGE, TEXAS FOR THE JOINT PROCUREMENT OF GOODS AND SERVICES.

Council Member Mello moved to approve the resolution. Second to the motion was made by CouncilMember Childs which carried unanimously.


RESOLUTION AUTHORIZING THE CITY MANAGER AND THE EMERGENCY MANAGEMENTCOORDINATOR TO AMEND ANNEX P OF THE CITY OF ORANGE’S HAZARD MITIGATION PLAN INORDER TO PURSUE FURTHER OPTIONS OF FLOOD MITIGATION PROJECTS THROUGHOUT THE CITYOF ORANGE.

Deputy Chief Brown advised the Resolution is to amend the City of Orange’s Hazard Mitigation Plan, notANNEX P.

Council Member Mello moved to approve the resolution. Second to the motion was made by CouncilMember Salter which carried unanimously.


RESOLUTION EXTENDING THE AGREEMENT FOR EMERGENCY AND NON-EMERGENCY AMBULANCESERVICE BETWEEN ACADIAN AMBULANCE SERVICE OF TEXAS, LLC AND THE CITY OF ORANGE.

Mayor Pro-Tem Pullen asked that under III. OBLIGATIONS OF PROVIDER (b) Rotor Wing Service of theContract that minimum be added before Paramedic.

Council Member Mello moved to approve the resolution with changes to the contract. Second to the motionwas made by Mayor Pro-Tem Pullen which carried with the following vote:

COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Pullen,Council Member Childs, Council MemberSalter, Council Member Mello and CouncilMember Burch

COUNCIL MEMBERS VOTING NO: Council Member Pernell


RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE ORANGELIONS CLUB FOR ALLOCATION OF HOTEL/MOTEL TAX FUNDS IN THE AMOUNT OF $5,000.00 FORFISCAL YEAR 2019.

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Council Member Mello moved to approve the resolution. Second to the motion was made by Council MemberSalter which carried unanimously.


RESOLUTION AUTHORIZING THE CITY’S PARTICIPATION IN AND ACCEPTANCE OF THE UNITEDSTATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S COMMUNITY DEVELOPMENTBLOCK GRANT AWARD OF $328,587 FOR THE YEAR FIVE ANNUAL ACTION PLAN OF THE FIVE YEARCONSOLIDATED PLAN AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANTAGREEMENT FOR FEDERAL FUNDS.

Council Member Salter moved to approve the resolution. Second to the motion was made by Council MemberMello which carried unanimously.


RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THEORANGE MUNICIPAL POLICE ASSOCIATION AND THE CITY OF ORANGE, TEXAS.

Council Member Pernell moved to approve the resolution. Second to the motion was made by Council MemberChilds which carried unanimously.


DISCUSSION/ACTION

MOTION APPROVING THE ADOPTION OF THE FISCAL YEAR 2019 BUDGET OF THE ORANGEECONOMIC DEVELOPMENT CORPORATION.

Council Member Mello moved to approve the motion. Second to the motion was made by CouncilMember Pernell which carried unanimously.

MOTION REAPPOINTING LARRY SPEARS JR., BILL MELLO, TERRI T. SALTER, AND GAILBARNETT TO THE ORANGE ECONOMIC DEVELOPMENT CORPORATION FOR ANADDITIONAL TWO YEARS EFFECTIVE OCTOBER 1, 2018 - SEPTEMBER 30, 2020.

Council Member Pernell moved to approve the motion. Second to the motion was made by MayorPro-Tem Pullen which carried unanimously.

MOTION APPOINTING DEMETRIUS E. MOFFETT TO THE ORANGE ECONOMICDEVELOPMENT CORPORATION FOR A TWO YEAR TERM EFFECTIVE OCTOBER 9, 2018 -SEPTEMBER 30, 2020.

Council Member Mello moved to approve the motion. Second to the motion was made by CouncilMember Pernell which carried unanimously.

DISCUSSION AND POSSIBLE ACTION REGARDING MITIGATION GRANT FUNDING OPTIONSAS IT RELATES TO HURRICANE HARVEY.

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Greg Wobbe, MPTX Inc., briefed Council on a handout he presented to Council regarding ProgramMatrix for Individual Properties. A copy of this handout is included in and being made a part of theseminutes.

Dr. Oubre advised Staff can put together confidential packets for applicants and have them availableat Central Fire Station.

Mr. Wobbe encouraged holding briefings and workshops.

DISCUSSION AND POSSIBLE ACTION REGARDING RECLASSIFYING A MUNICIPAL COURTCLERK POSITION TO A MUNICIPAL COURT ADMINISTRATOR AND ADJUSTING THE PAYGRADE FROM A 26 TO A 29.

Ms. Zeto advised Loretta Warnell will be the new Municipal Court Administrator.

Council Member Mello moved to approve the motion. Second to the motion was made by MayorPro-Tem Pullen which carried unanimously.

DISCUSSION AND POSSIBLE ACTION REGARDING GIVING NOTICE TO THE ORANGEMUNICIPAL COURT JUDGE, THE ORANGE MUNICIPAL COURT DEPUTY CITY ATTORNEY ANDTHE ORANGE MUNICIPAL COURT ALTERNATE/ASSISTANT JUDGE THAT THE CITY OFORANGE WILL ADVERTISE FOR REQUEST FOR QUALIFICATIONS FOR THESE POSITIONS.

Mr. Smith advised the Municipal Court Judge, Municipal Court Deputy City Attorney and theMunicipal Court Alternate/Assistant Judge serves at Council’s pleasure, they work for City Council.He advised it will take a majority vote of the Council to go out for Request for Qualifications for thesepositions. He also advised there is no employment term contract.

Council Member Burch moved to keep things as is and not to go out for Request for Qualifications.Second to the motion was made by Council Member Mello which carried with the following vote:

COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Pullen,Council Member Childs, Council MemberSalter, Council Member Mello and CouncilMember Burch

COUNCIL MEMBERS VOTING NO: Council Member Pernell

DISCUSSION AND POSSIBLE ACTION REGARDING NECESSARY BUSINESS RESULTINGFROM HURRICANE HARVEY.

No report was given.

CITY MANAGER REPORT

Dr. Oubre advised there will be a Joint Meeting of the Planning and Zoning Commission and theOrange City Council tonight at 5:30 p.m.

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CITY COUNCIL REPORT

Mayor Pro-Tem Pullen encouraged citizens to voice their concerns. He congratulated Ms. Warnellon her new position. He also thanked Dr. Oubre for his service with the City of Orange.

Council Member Childs thanked Dr. Oubre for his service with the City of Orange. He also thankedMr. Baptista for his comments.

Council Member Salter congratulated Ms. Warnell and Pastor Moffett. She thanked Dr. Oubre forhis service with the City of Orange.

Council Member Pernell thanked everyone who came to the meeting and spoke during citizencomments. She advised her concern is for a place she calls home and this is her home.

Council Member Mello congratulated Ms. Warnell and Pastor Moffett. He invited the citizens to theDucks Unlimited Banquet tonight.

Council Member Burch encouraged the citizens to the Council Members and to attend the CouncilMeetings. He thanked Dr. Oubre for his service with the City of Orange.

Mayor Spears thanked Dr. Oubre for his service with the City of Orange.

ADJOURN TO CLOSED EXECUTIVE SESSION

141 a.) Deliberation with City Attorney pursuant to Chapter 551 of the Texas Government Code:

(1) Deliberation with legal counsel regarding Personnel Matters as authorized bySubsection 551.074 - regarding the Interim City Manager position.

The Council met in a closed executive session at 11:10 a.m.

RECONVENE IN OPEN SESSION

The Council reconvened in open session at 12:13 p.m.

Council Member Burch moved to appoint Kelvin Knauf as Interim City Manager with a salary of$150,000.00 per year beginning October 13, 2018. Second to the motion was made by CouncilMember Salter which carried unanimously.

DISCUSSION/ACTION

DISCUSSION AND POSSIBLE ACTION REGARDING THE PROCESS TO HIRE A CITYMANAGER.

Mr. Trahan presented Council with two search firms, Chris Hartung Consulting and StrategicGovernment Resources. He advised at the October 23, 2018 the item will be placed on the agenda

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for discussion and action.

ADJOURNMENT

There being no further business before the Council, Council Member Pernell moved to adjourn themeeting. Second to the motion was made by Council Member Childs which carried unanimously.

The meeting adjourned at 12:15 p.m.

Larry Spears Jr., Mayor

ATTEST:

Patricia Anderson, City Secretary

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