MEETING AGENDA ORANGE CITY COUNCIL Orange Public Library Auditorium 220 N. Fifth Street Orange, Texas August 14, 2018 9:00 a.m. 1. CALL TO ORDER Mayor 2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Salter 3. MOTION a) Motion finding that the advance posting and notice requirements of Article 8.1200 of the Code of Ordinances of the City of Orange, Texas have been met in relation to all minutes and pending ordinances and resolutions on this agenda and that the reading of such items be confined to the captions as are agreed upon by the ordinances and resolutions. 1 Mayor/Council 4. APPROVAL OF MINUTES a) July 24, 2018 Regular City Council Meeting 5 Mayor/Council 5. CITIZEN COMMENTS At this time comments will be taken from the audience on any subject matter, whether or not that item is on the agenda. All comments are limited to a maximum three minutes for each speaker. Your comments are appreciated. As the Texas Open Meetings Act does not allow the Council to respond to items not listed on the agenda, your comments will be duly noted by the Council and forwarded to the appropriate department for prompt consideration. City Council Meeting, August 14, 2018 City of Orange, Texas Page 1 Page 1 of 112
6. PUBLIC HEARING a) Conduct a public hearing to receive comments on the Proposed Budget for the 2018 Annual Action Plan, Year Five of the Five Year Consolidated Plan for the City of Orange s Community Development Block Grant Program. The cut off for submitting comments is 5:00 p.m., close of business, Tuesday, August 14, 2018. Comments may be made during this hearing or dropped off in writing at the office of Planning and Community Development, 303 8 th Street, here in Orange. 10 Staff: Wilson 7. RESOLUTIONS a) Consider a resolution authorizing and directing City Manager, Shawn Oubre, to submit on behalf of the City of Orange the Year Five Annual Action Plan of the City s Five Year Consolidated Plan to the U.S. Department of Housing and Urban Development. 12 Staff: Wilson b) First Reading: Consider a resolution approving the PATV & Powersports Properties, LLC agreement concerning an infrastructure grant not to exceed $192,000 related to eligible infrastructure improvements including site work, building foundation, and plumbing for the purpose of economic development. 14 Staff: Trahan 8. DISCUSSION/ACTION a) Consider a motion accepting the resignation of Zachary Thomas from the Board of Adjustment effective August 6, 2018. 34 Staff: Knauf Presentation to Zachary Thomas recognizing his service on the Board of Adjustment. Mayor/Council b) Consider a motion acknowledging receipt of the Orange Economic Development Corporation Financial Report for the quarter ending June 30, 2018. 37 Staff: Cheryl Zeto c) Consider a motion acknowledging receipt of the Orange Economic Development Corporation Investment Report for the quarter ending June 30, 2018. 47 Staff: Cheryl Zeto d) Consider a motion authorizing the City Manager to execute the Merchant Services Agreement with Wells Fargo Merchant Services, LLC for the processing of credit card payments. 49 Staff: Cheryl Zeto e) Consider a motion acknowledging annual review of the City of Orange Investment Policy. 55 Staff: Cheryl Zeto f) Consider a motion acknowledging receipt of the Quarterly Investment Report for the period ending June 30, 2018. 81 Staff: Cheryl Zeto City Council Meeting, August 14, 2018 City of Orange, Texas Page 2 Page 2 of 112
g) Consider a motion acknowledging receipt of the certification of the 2018 Anticipated Collection Rate and 2017 Excess Debt Collection. 86 Staff: Cheryl Zeto h) Consider a motion acknowledging receipt of the certified appraised values and corresponding reports from the Orange County Appraisal District. 89 Staff: Cheryl Zeto i) Consider a motion acknowledging receipt of the 2018 Effective and Rollback rates and corresponding worksheets from the Orange County Tax Assessor Collector. 103 Staff: Cheryl Zeto j) Discussion and possible action on the tax rate. If proposed tax rate will exceed the rollback rate or the effective rate (whichever is lower) take record vote and schedule public hearings. The Notice of 2018 Tax Year Proposed Property Tax Rate for the City of Orange, Texas will be published and posted per the requirements of the Texas Local Government Code Section 140.010. Staff: Oubre k) Discussion and possible action regarding necessary business resulting from Hurricane Harvey. Staff: Oubre 9. REPORTS a) City Manager Report b) City Council Report 10. ADJOURN TO CLOSED EXECUTIVE SESSION a) Deliberation regarding Personnel Matters pursuant to Chapter 551 of the Texas Government Code: (1) Deliberation regarding personnel matters as authorized by subsection 551.074 involving City Manager s annual evaluation. b) Deliberation with legal counsel pursuant to Texas Government Code, Chapter 551.071 - Consultation on Collective Bargaining Agreement negotiations with the Orange Municipal Police Association. Mayor/Council Mayor/Council 11. RECONVENE IN OPEN SESSION a) Take action as necessary regarding item 10 a (1) and 10 b above. Mayor/Council 12. ADJOURNMENT City Council Meeting, August 14, 2018 City of Orange, Texas Page 3 Page 3 of 112
Texas Penal Code 30.06: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun De conformidad con la Sección 30.06 del código penal (entrada de persona con licencia de portar o llevar armas de mano oculta), una persona licenciada bajo el subcapítulo H, capítulo 411 del código de gobierno (ley de licenciación para portar o llevar armas de mano) no se permite entrar en esta propiedad con ninguna armas de mano oculta Texas Penal Code 30.07: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly De conformidad con la Sección 30.07 del código penal (entrada de una persona con licencia de portar o llevar armas de mano visible), una persona licenciada bajo el subcapítulo H, capítulo 411 del código de gobierno (ley de licenciación para portar o llevar armas de mano visible) no se permite entrar en esta propiedad con ninguna armas de mano visible No Firearms Allowed No se permite ninguna armas de fuego City Council Meeting, August 14, 2018 City of Orange, Texas Page 4 Page 4 of 112
STATE OF TEXAS } COUNTY OF ORANGE } July 24, 2018 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, July 24, 2018. COUNCIL MEMBERS PRESENT: Larry Spears Jr. Mayor Patrick A. Pullen Mayor Pro-Tem Brad Childs Council Member Terrie T. Salter Council Member Annette Pernell Council Member Bill Mello Council Member Paul Burch Council Member COUNCIL MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Dr. Shawn Oubre City Manager Patricia Anderson City Secretary Jennifer Krummel Deputy City Secretary David Frenzel Fire Chief Cheryl Zeto Director of Finance Jim Wolf Director of Public Works Kelvin Knauf Director of Planning and C o m m u n i t y Development Brenna Manasco Library Director Wade Robinson Police Major Lee Anne Brown Deputy Fire Chief Hillary Haynes S o c i a l M e d i a Coordinator Sandy Wilson Grants Planner Balie Viator Public Works Secretary Michael Patterson Engineering Tech Brooke Carroll College Intern John Cash Smith City Attorney STAFF MEMBERS ABSENT: Jay Trahan Assistant City Manager, Director of Economic Development Lane Martin Chief of Police Mayor Spears called the meeting to order at 5:00 p.m. Mayor Pro-Tem Pullen led the Invocation and the Pledge of Allegiance. Page 5 of 112
Regular Meeting 2 July 24, 2018 MOTION FINDING THAT THE ADVANCE POSTING AND NOTICE REQUIREMENTS OF ARTICLE 8.1200 OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS HAVE BEEN MET IN RELATION TO ALL MINUTES AND PENDING ORDINANCES AND RESOLUTIONS ON THIS AGENDA AND THAT THE READING OF SUCH ITEMS BE CONFINED TO THE CAPTIONS AS ARE AGREED UPON BY THE ORDINANCES AND RESOLUTIONS. Council Member Childs moved to approve the motion. Second to the motion was made by Council Member Pernell which carried unanimously. APPROVAL OF MINUTES Mayor Pro-Tem Pullen moved to approve the minutes of the July 9, 2018 Special Call City Council Meeting. Second to the motion was made by Council Member Salter which carried unanimously. Council Member Salter moved to approve the minutes of the July 10, 2018 Regular City Council Meeting. Second to the motion was made by Council Member Childs which carried unanimously. CITIZEN COMMENTS J.D. Dixson, 3337 Cosmos Street, advised he is concerned about the sewer system, man holes and drainage problems at his residence. Henry Lowe, 106 W. Dewey, thanked the Stark Foundation for the National Day of the Cowboy exhibit at the Stark Museum of Art. PROCLAMATION Mayor Spears presented a Proclamation observing Michael Christian Gobert Day to Mr. Gobert s family and friends. Mayor Spears presented a Proclamation observing National Day of the Cowboy to representatives from the Stark Foundation. PUBLIC HEARING CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON THE PROPOSED SUBSTANTIAL AMENDMENT TO THE 2017 ANNUAL ACTION PLAN, YEAR FOUR OF THE FIVE YEAR CONSOLIDATED PLAN. THIS PROPOSAL IS TO REALLOCATE FUNDS FROM A PUBLIC FACILITIES & IMPROVEMENTS PROJECT, CANCELLING THAT PROJECT AND REALLOCATING THEM TO CLEARANCE AND DEMOLITION. THE CUT OFF FOR SUBMITTING COMMENTS IS 5:00 P.M., CLOSE OF BUSINESS DAY, FRIDAY, AUGUST 3, 2018. COMMENTS Page 6 of 112
Regular Meeting 3 July 24, 2018 MAY BE MADE DURING THIS HEARING OR DROPPED OFF IN WRITING AT THE OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT, 303 8 TH STREET, ORANGE, TEXAS. The public hearing began at 5:47 p.m. There were no citizen comments. The public hearing ended at 5:49 p.m. RESOLUTIONS RESOLUTION FORMALLY ADOPTING THE SUBSTANTIAL AMENDMENT 2017 ANNUAL ACTION PLAN, YEAR FOUR OF THE FIVE YEAR CONSOLIDATED PLAN. Council Member Mello moved to approve the resolution. Second to the motion was made by Mayor Pro-Tem Pullen which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number 2018-31. RESOLUTION AWARDING THE CONTRACT FOR COOPER S GULLY CONCRETE LINING TO EXCAVATION & CONSTRUCTION LLC FOR $2,853,777.07. Council Member Mello moved to approve the resolution. Second to the motion was made by Council Member Pernell which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number 2018-32. RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH LANDFALL STRATEGIES TO PROVIDE DEBRIS MONITORING SERVICES ON BEHALF OF THE CITY OF ORANGE. Council Member Pernell moved to approve the resolution. Second to the motion was made by Council Member Mello which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number 2018-33. RESOLUTION RE-NAMING A PUBLIC BUILDING IDENTIFIED AS THE ORANGE COMMUNITY CENTER, LOCATED AT 103 NORTH FIFTH STREET, ORANGE, TEXAS TO ESSIE L. BELLFIELD ORANGE COMMUNITY CENTER. Council Member Pernell advised Ms. Bellfield has done a lot for this community and she wants to commend her for paving the way for others who serve on council. It was the consensus of Council to re-name the Orange Community Center to the Essie L. Bellfield Orange Community Center. Mayor Pro-Tem Pullen advised he would like to have a ribbon cutting for the building after the signage is completed. Council Member Mello moved to approve the resolution. Second to the motion was made by Mayor Page 7 of 112
Regular Meeting 4 July 24, 2018 Pro-Tem Pullen which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number 2018-34. DISCUSSION/ACTION DISCUSSION AND POSSIBLE ACTION REGARDING NECESSARY BUSINESS RESULTING FROM HURRICANE HARVEY. Dr. Oubre advised the deadline for debris pick up related to Hurricane Harvey will end August 17, 2018 to meet the FEMA deadline of August 23, 2018 for reimbursement. CITY MANAGER REPORT Dr. Oubre recognized Brooke Carroll who did her internship this summer with the City of Orange. He advised she attends Auburn University and is majoring in Human Resources. CITY COUNCIL REPORT Council Member Childs advised he appreciated receiving a card from Ms. Bellfield. Mayor Pro-Tem Pullen encouraged citizens to attend a fund raiser event tomorrow at Sabine River Ford from 11:00 a.m. until 1:00 p.m. The fund raiser is for individuals to attend the Jr. Olympics. He advised his two nieces will be competing. Mayor Spears asked Ms. Iris Tillman if she would like to make any comments regarding the Michael Christian Gobert Proclamation. Ms. Tillman thanked everyone for their support. Mayor Spears advised he would like for staff to see what steps need to be taken to change the City s ordinance regarding allowing ice cream trucks to be able to operate in the city limits of Orange and address the City s personnel policy regarding employees having to use vacation leave time during disasters. ADJOURN TO CLOSED EXECUTIVE SESSION 10-1 a) Deliberation with City Attorney pursuant to Chapter 551 of the Texas Government Code: (1) Deliberation with City Attorney regarding pending or contemplated litigation as authorized by subsection 551.071 - Involving Police collective bargaining. The Council met in a closed executive session at 6:19 p.m. RECONVENE IN OPEN SESSION The Council reconvened in open session at 7:05 p.m. Page 8 of 112
Regular Meeting 5 July 24, 2018 TAKE ACTION AS NECESSARY REGARDING ITEM 10-1 a) (1). No action was taken. ADJOURNMENT There being no further business before the Council, Council Member Pernell moved to adjourn the meeting. Second to the motion was made by Council Member Salter which carried unanimously. The meeting adjourned at 7:06 p.m. Larry Spears Jr., Mayor ATTEST: Patricia Anderson, City Secretary Page 9 of 112
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M E M O R A N D U M August 1, 2018 TO: FROM: RE: Dr. Shawn Oubre, Ph.D. Kelvin Knauf, Director of Planning and Community Development Sandra Wilson, Grants Planner 2018 Annual Action Plan Year Five of the City s Five Year Consolidated Plan Please place the attached Resolution to formally adopt the 2018 Annual Action Plan which is Year Five of the City s Five Year Consolidated Plan, and authorize Shawn Oubre as City Manager to submit the funding request to the U. S. Department of Housing and Urban Development. The Citizen Participation plan was followed. Funding requests were received from various City Departments and from Nonprofit Organizations. Motion approving the proposed Annual Action Plan budget was passed May 8, 2018. The budget was published in the Orange Leader on May 16, 2018. Four public hearings were held allowing citizens an opportunity to have a say in what was included in the Annual Action Plan and to comment on the budget. Hearings were held in the morning, in the afternoon and in the evening in various locations of the local CDBG strategy area. The final Public Hearing was held this morning, during this Council meeting, August 14, 2018 and the comment period for the Annual Action Plan ends today, August 14, 2018 at 5:00 p.m. Until that time comments may be dropped off in writing at the office of Planning & Community Development or emailed to swilson@orangetx.org. The plan if approved, will be formally submitted to the U. S. Department of Housing and Urban Development through its Integrated Disbursement and Information System on or before 3 p.m., August 16, 2018. The Funding request (HUD Form SF-424) and attached certifications are part of the Annual Action Plan. The attached Application for Federal Assistance and Non-State Certifications must be signed and submitted to the U. S. Department of Housing & Urban Development with the Year Five Annual Action Plan. Page 12 of 112
A RESOLUTION AUTHORIZING AND DIRECTING CITY MANAGER, SHAWN OUBRE, TO SUBMIT ON BEHALF OF THE CITY OF ORANGE THE YEAR FIVE ANNUAL ACTION PLAN OF THE CITY S FIVE YEAR CONSOLIDATED PLAN TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of Orange, Texas possesses the legal authority to submit an application for Community Development Block Grant (CDBG) funds, as described in 24 CFR Part 570.302, in the amount of $328,587 and to execute the Community Development Block Grant Program as outlined in the Year Five Annual Action Plan of the City s Five Year Consolidated Plan with these funds and the utilization of the Section 108 Program; and WHEREAS, the City Council of the City of Orange understands the composition of this application and recognizes the responsibilities accepted by a recipient and use of the CDBG Program and Section 108 Program funds; and WHEREAS, the City Manager, Shawn Oubre, is the Chief Executive Officer of the City of Orange and is responsible for the submission of an acceptable CDBG Program, and Section 108 Program; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS: THAT, the City Manager, Shawn Oubre, be and is hereby authorized and directed to submit on behalf of the City of Orange, Year Five Annual Action Plan of the City s Five Year Consolidated Plan, Grant Program Year 2018, and Section 108 authority to the U. S. Department of Housing and Urban Development including all understandings and assurances contained therein and be designated to represent and act for the City of Orange in connection with the application and to provide such additional information as may be requested by the U. S. Department of Housing and Urban Development. PASSED, APPROVED, and ADOPTED on this 14 th day of August, 2018. Larry Spears Jr, Mayor ATTEST: APPROVED AS TO FORM: Patricia Anderson, City Secretary John Cash Smith, City Attorney Page 13 of 112
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