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City Council Meeting, July 24, 2018City of Orange, Texas

MEETING AGENDA

ORANGE CITY COUNCILOrange Public Library Auditorium

220 N. Fifth StreetOrange, Texas

July 24, 20185:30 p.m.

1. CALL TO ORDER Mayor

2. INVOCATION and PLEDGE OF ALLEGIANCE Mayor Pro-Tem Pullen

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) July 9, 2018 Special Call City Council Meeting 4 Mayor/Council

b) July 10, 2018 Regular City Council Meeting 7 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. PROCLAMATIONS

a) Michael Christian Gobert Day 11 Mayor/Council

b) National Day of the Cowboy 12 Mayor/Council

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7. PUBLIC HEARING

a) Conduct a public hearing to receive comments on the ProposedSubstantial Amendment to the 2017 Annual Action Plan, YearFour of the Five Year Consolidated Plan. This proposal is toreallocate funds from a Public Facilities & Improvements project,cancelling that project and reallocating them to Clearance andDemolition. The cut off for submitting comments is 5:00 p.m.,close of business, Friday, August 3, 2018. Comments may bemade during this hearing or dropped off in writing at the office ofPlanning & Community Development, 303 8th Street, Orange,Texas. 13 Staff: Wilson

8. RESOLUTIONS

a) Consider a resolution formally adopting the SubstantialAmendment 2017 Annual Action Plan, Year Four of the FiveYear Consolidated Plan. 15 Staff: Wilson

b) Consider a resolution awarding the contract for Cooper’s GullyConcrete Lining to Excavation & Construction LLC for$2,853,777.07. 18 Staff: Wolf

c) Consider a resolution authorizing the City Manager to enter intoan agreement with Landfall Strategies to provide debrismonitoring services on behalf of the City of Orange. 41 Staff: Brown

d) Consider a resolution re-naming a public building identified asthe Orange Community Center, located at 103 North FifthStreet, Orange,Texas to (?). 44 Council Member Pernell

9. DISCUSSION/ACTION

a) Discussion and possible action regarding necessary businessresulting from Hurricane Harvey. Staff: Oubre

10. REPORTS

a) 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 }July 9, 2018

COUNTY OF ORANGE }

BE IT REMEMBERED THAT a Special Call Meeting of the Orange City Council of the City ofOrange, Orange County, Texas, was held in the Orange Public Library Auditorium (City CouncilChambers) on Monday, July 9, 2018.

COUNCIL MEMBERS PRESENT: Larry Spears Jr. Mayor Patrick 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 Secretary Lane Martin Chief of Police

David Frenzel Fire ChiefCheryl Zeto Director of FinanceKelvin Knauf Director of Planning and

C o m m u n i t yDevelopment

Lee Anne Brown Deputy Fire ChiefHillary Haynes S o c i a l M e d i a

CoordinatorKelly Griffin Police Evidence & ID

Tech

STAFF MEMBERS ABSENT: Jennifer Krummel Deputy City SecretaryJim Wolf Director of Public WorksBrenna Manasco Library Director

Mayor Spears called the meeting to order at 5:30 p.m.

DISCUSSION/ACTION

DISCUSSION AND POSSIBLE ACTION REGARDING THE CRITERIA FOR BUYOUTS,ACQUISITIONS, MITIGATION RECONSTRUCTION AND MITIGATION ELEVATION PROJECTS.

Greg Wobbe, MPTX Inc., read the following paragraph from handouts given to Council: (copies of

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Special Call Meeting 2 July 9, 2018

these handouts are included in and being made a part of these minutes)

Texas Division of Emergency Management (TDEM) and FEMA have identified the following projecttypes as priorities for funding under FEMA Hazard Mitigation Grant Program (HMGP) pursuant toHurricane Harvey (DR-4332): Structure Elevation, Mitigation Reconstruction, andAcquisition/Buyout. Other project types are also eligible, as indicated on page 2 of the attachedTDEM Notice of Availability.

Mr. Wobbe advised this is just a discussion, that he is here to assist the City in the grant applicationprocess, help the City identify the different projects and to answer any questions Council may have.

Dr. Oubre advised that these grants have nothing to do with City owned property. These grants arefor property owners to help assist the owner to mitigate future flooding. He also advised theseprojects are voluntary participation.

Dr. Oubre advised there are three programs: 1) Structure Elevation, 2) Mitigation Reconstructionand 3) Acquisition/Buyout. He advised there is a lot of competition in the market for these fundsand the process is long.

Mr. Wobbe explained the difference between a HMGP and CDBG DR-4332.

Mr. Wobbe advised each program has a threshold: Structure Elevation-$176,000, MitigationReconstruction-$150,000 and Acquisition/Buyout-$276,000. Dr. Oubre advised all three programshave a 75/25 match.

Council Member Pernell asked if there was any type of income qualifications. Mr. Wobbe advisedno.

Mayor Spears advised that he would like the citizens to be aware that the City wants to help theproperty owners, but also protect the City. He explained with loss of homes means loss of propertytaxes.

Mayor Pro-Tem Pullen advised the problem with buyouts is that nothing can be rebuilt on theproperty. He asked what cities and counties can do to get this changed. Mr. Wobbe advisedultimately that this was a legal question. Dr. Oubre advised this has been discussed and is underconsideration of letting an individual go back and rebuild if changes are made to protect againstfuture flooding .

Mr. Wobbe explained different options that can be used through the HMPG and CDBG DR-4332that are more optimal for the citizens and the City.

Dr. Oubre explained the process for the Buyout Program.

Mayor Spears advised Council cannot set the criteria until they know how many homes wereflooded.

Mr. Knauf advised 3,200 homes were flooded in one, two or all three disasters; Hurricane Ike,Sabine River Flood and Hurricane Harvey. The number of homes that were flooded in all threestorms were 2,700, and 1,000 homes were flooded in two of the storms.

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Special Call Meeting 3 July 9, 2018

Dr. Oubre advised staff will break down the number of flooded homes by each disaster.

Mr. Wobbe advised he has been working with Chief Deputy Brown on the initial intake process. Headvised the home owner can submit a paper application or go to the website,https://recoverygrants.org, to apply.

Dr. Oubre advised that the City should not assume the burden of filling out applications for citizens.

Dr. Oubre advised staff will address the following two issues: 1) break down of the number ofhomes flooded in each disaster and 2) flooding question for the City Attorney.

ADJOURNMENT

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

The meeting adjourned at 6:23 p.m.

Larry Spears Jr., Mayor

ATTEST:

Patricia Anderson, City Secretary

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STATE OF TEXAS }July 10, 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, July 10, 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

Brenna Manasco Library DirectorDavid Frenzel Fire ChiefHillary Haynes S o c i a l M e d i a

CoordinatorKelly Griffin Police Evidence & ID

Tech

STAFF MEMBERS ABSENT: John Cash Smith City Attorney

Mayor Spears called the meeting to order at 9:00 a.m.

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

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 AND

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Regular Meeting 2 July 10, 2018

RESOLUTIONS 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 Childs moved to approve the minutes of the May 22 , 2018 Orange EconomicDevelopment Corporation Meeting. Second to the motion was made by Council Member Salterwhich carried unanimously.

Council Member Pernell moved to approve the minutes of the June 12, 2018 Orange EconomicDevelopment Corporation Meeting. Second to the motion was made by Council Member Salterwhich carried unanimously.

Council Member Pernell moved to approve the minutes of the June 26 , 2018 Regular City CouncilMeeting. Second to the motion was made by Council Member Childs which carried unanimously.

CITIZEN COMMENTS

Essie Bellfield, 1907 Link Street, advised there is a youth group from Fort Worth, Texas here helpingwith debris clean up in the City of Orange.

Benitris Edwards, Gate City Guild #42, invited citizens to attend the Biker and Car Festival,Saturday, July 14, 2018 at the Orange Riverfront Boardwalk and Pavilion at 9:00 a.m. This eventis to raise money for school supplies. They are also sponsoring an event, Back 2 School, SchoolSupply Give Away, on August 18, 2018 at Lion’s Den Park from 9:00 a.m. until 3:00 p.m. They areasking for support for these two events.

Mr. Trahan acknowledged City staff for moving forward with the 4th of July Fireworks event. Heinvited citizens to attend the Jet Ski Competition Saturday, July 14th and Sunday, July 15th at the CityBoat Ramp.

ORDINANCES

FINAL READING:

ORDINANCE AMENDING THE FUTURE LAND USE MAP DESIGNATING LOTS 7,8 AND 9 OFBLOCK A OF THE L.T. GRUBBS SUBDIVISION ALSO KNOWN AS 1402, 1404, AND 1406 10TH

STREET AS COMMERCIAL; DIRECTING THE CITY MANAGER TO AMEND THE FUTURE LANDUSE MAP; MAKING CERTAIN FINDINGS RELATIVE THERETO; PROVIDING A SEVERABILITYCLAUSE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; ANDESTABLISHING AN EFFECTIVE DATE. Council Member Mello moved to approve the ordinance. Second to the motion was made by

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Council Member Pernell which carried unanimously.

A copy of this ordinance is being made a part of these minutes as Ordinance Number 2018-09.

RESOLUTIONS

FINAL READING:

RESOLUTION APPROVING THE GROUND LEASE AGREEMENT OF TWENTY-FIVE YEARS AT$100 EACH YEAR, MEMORANDUM OF LEASE, CONSENT AND AGREEMENT TOMODIFICATION OF RESTRICTIVE COVENANTS, AND THE CITY OF ORANGE ECONOMICDEVELOPMENT CORPORATION INFRASTRUCTURE GRANT AGREEMENT NOT TO EXCEED$200,000 CONCERNING THE NEW BOARDWALK GRILLE PROJECT AT 5TH STREET & DIVISIONAVENUE IN DOWNTOWN ORANGE.

Mr. Trahan advised at the last meeting Mayor Pro-Tem Pullen asked who was responsible for payingthe taxes on the property. He referred to a case in Travis County that mimics this same situation. He advised staff consulted with its legal advisors and they advised that the owner of the BoardwalkGrille, Jake LeMoine, is responsible for the taxes on any improvements that are done at the site andthat the Orange Economic Development Corporation maintains the ownership of the land tract andis tax exempt.

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 2018-30.

DISCUSSION/ACTION

MOTION APPOINTING ANNA SMITH AND SUZONNE CROCKETT TO THE CITY OF ORANGECONVENTION AND VISITORS ADVISORY BOARD EFFECTIVE JULY 10, 2018 - JUNE 30, 2020.

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

MOTION ACKNOWLEDGING THE REVIEW AND ADOPTION OF THE CITY OF ORANGE,IDENTITY THEFT PREVENTION PROGRAM.

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

DISCUSSION AND POSSIBLE ACTION REGARDING NECESSARY BUSINESS RESULTINGFROM HURRICANE HARVEY.

There were no comments.

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CITY MANAGER REPORT

Dr. Oubre advised there will be a Joint Meeting of the Planning and Zoning Commission and the CityCouncil for a workshop on Wednesday, July 18, 2018 at 5:30 p.m. at the Neighborhood FacilityBuilding.

Dr. Oubre wanted to give credit to Mr. Trahan for his hard work on the 4th of July Fireworks event.

CITY COUNCIL REPORT

Mayor Pro-Tem Pullen encouraged citizens to attend the Jet Ski competition this weekend.

Council Member Childs advised that he attended several Orange County flood meetings. Headvised the meetings were well attended and were very positive. He advised his business wasrobbed three times in the last two and a half weeks. He thanked the Police Department and thecitizens for their help. He would like to schedule a workshop regarding the start up of a CommunityNeighborhood Watch Program.

Council Member Salter congratulated Dr. Crockett and Ms. Smith on their appointments to theConvention and Visitors Bureau Advisory Board.

Mayor Spears encouraged citizens to attend to attend the Biker and Car Festival, Saturday, July 14,2018 at the Orange Riverfront Boardwalk and Pavilion at 9:00 a.m.

ADJOURNMENT

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

The meeting adjourned at 9:23 a.m.


ATTEST:


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roclamation OFFICE OF THE MAYOR

City of Orange

WHEREAS Michael Christian Gobert was born on July 29, 1999 in Sulphur, Louisiana; and

WHEREAS Michael, a 2017 graduate of West Orange-Stark High School was a freshman at Texas Southern University wherehe was majoring in Computer Science; and

WHEREAS he was a member of Morning Star Baptist Church and he would attend the Conventions of Jehovah’s Witnesses; and

WHEREAS Michael was a genuine and loving soul, he was brutally honest with a dry sense of humor. He did not bite his tonguefrom anyone, and he loved making people laugh with jokes and his terrible rhythmless dancing; and

WHEREAS he had a zest for life and he was always positive and optimistic no matter what obstacles he faced; and

WHEREAS Michael grew up playing football and baseball, but he had a special knack for baseball, where he played travel ballgrowing up and played varsity baseball for the Vinton Lions; and

WHEREAS anyone who knows Mikey, knows that he was a true finesser, if you had something and he wanted it bad enough,he would finesse you out of it; and

WHEREAS Michael loved to look nice and he had a taste for the finer things and the sky was the limit; and

WHEREAS he always expressed his love for his family and friends, and if he cared about you, he truly cared about you and hewould do anything for you;

NOW THEREFORE I, Larry Spears Jr., Mayor of the City of Orange, Texas, do hereby proclaim July 29, 2018 as

MICHAEL CHRISTIAN GOBERT DAY

in the City of Orange, Texas as we remember the life of Mr. Gobert.

IN WITNESS WHEREOF I have hereunto set my hand and have caused the seal of the City of Orange, Texas to be hereto affixed this 24th day of July, 2018.

Larry Spears Jr, Mayor

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Proclamation OFFICE OF THE MAYOR

City of Orange

WHEREAS citizens of Orange, Texas, participate in cowboy culture through ranching, cattle raising, trail rides,rodeos, western art, and other aspects of western heritage; and

WHEREAS the region around Orange, Texas, has historic associations with cattle drives before the Civil Warfrom South Texas to markets in New Orleans; and

WHEREAS the Stark museum of Art, under the auspices of the Nelda C. and H.J. Lutcher Stark Foundation,celebrates cowboy culture and highlights the roles of diverse participants in western historythrough two outstanding exhibitions, Portraits from Cowboys of Color: Photographs by DonRussell and Cowboy Legends and Life; and

WHEREAS engaging programs at the Stark Museum of Art, such as Stories from Cowboys of Color: AnAfternoon with Don Russell, Cleo Hearn, Myrtis Dightman, Bailey “The Prairie Kid,” and JasonGriffin and Cowboy Family Day, increase enjoyment and appreciation of cowboy culture; and

WHEREAS the State of Texas, through Senate Bill 1522 signed by Governor Greg Abbot, has designated thefourth Saturday in July as National Day of the Cowboy in recognition of the historic, cultural, andsocial contributions of the cowboy; and

WHEREAS across the country, celebrations of cowboy culture are encouraged by the National Day of theCowboy, a non-profit organization that works to contribute to the preservation of America’scowboy culture and pioneer heritage;

NOW THEREFORE I Larry Spears Jr., Mayor of the City of Orange, Texas, do hereby proclaim Saturday, July28, 2018 as

NATIONAL DAY OF THE COWBOY

and encourage citizens to help celebrate this day in the City of Orange.

IN WITNESS WHEREOF I have hereunto set my hand and have caused the seal of the City of Orange,Texas to be hereto affixed this the 24th day of July, 2018.


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A RESOLUTION RE-NAMING A PUBLIC BUILDING IDENTIFIED AS THEORANGE COMMUNITY CENTER LOCATED AT 103 NORTH FIFTHSTREET, ORANGE, TEXAS TO (?).

WHEREAS, the building located at 103 North Fifth Street has been known as the

“Orange Community Center” Building; and

WHEREAS, former City of Orange City Council Member Essie L. Bellfield served on

Council for eleven (11) years; and

WHEREAS, Ms. Bellfield served as Mayor from May 1997 - May 2000; and

WHEREAS, naming this building the (?) honors the contributions and public service

of former City Council Member Essie L. Bellfield; now therefore

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS:

That the City Council of the City of Orange hereby names the building located at 103

North Fifth Street the (?)

PASSED, APPROVED and ADOPTED on this the 24th day of July 2018.


ATTEST:


APPROVED:

City Attorney

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