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HomeMy WebLinkAboutOCTOBER 7, 2019 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYOR RON BURTON HAROLD DOLCET,SR.MAYOR PRO TEM City of \ INTERIM CITY MANAGER COUNCIL MEMBERS: 6,,/ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. ��rt rth u1� CITY SECRETARY CAL J.JONES THOMAS J. KINLAW [11 VAL TIZENO CHARLOTTE MOSES Texas CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting October 7, 2019 5 :30 p. m . In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. City Council Meeting City Hall Council Chamber City Of Port Arthur October 7, 2019 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Doucet, Sr. Councilmember Scott, Jr. Councilmember Jones Councilmember Kinlaw, III Councilmember Moses Councilmember Frank Interim City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Fernando R. Ramirez Regarding The National Hispanic Heritage Month Music Festival In Downtown Port Arthur (2) Greg Richard Regarding Corporate Responsibility In The City (3) Clarence Lyons Sr. Regarding Raw Sewage And Rain Water Runoff (4) Carl Parker Regarding The Housing Authority (5) Dr. Levy Q. Barnes Jr. Regarding Christmas With Dr. Levy B. Presentations — None C. Employee Recognition — None AGENDA OCTOBER 7, 2019 III. PETITIONS & COMMUNICATIONS — CONTINUED D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. (1) A Public Hearing To Receive Public Comment On A Request By Aspect Energy, LLC For A Permit To Drill An Oil And Gas Well In The City Of Port Arthur Aspect Energy, LLC Has Filed A Request To Drill An Oil And Gas Well On Section 9, T&NO RR Survey, Abstract No. 242, Port Arthur, Jefferson County, Texas V. UNFINISHED BUSINESS — NONE VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support Material On Each Item, And/Or It Has Been Discussed At A Previous Meeting. All Items Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Travel Request — None B. Expense Reports (B1) Valecia Tizeno, City Attorney 84th Annual International Municipal Lawyers Association Conference Atlanta, Georgia September 17 — 21, 2019 $2,106.16 C. Minutes — None AGENDA OCTOBER 7, 2019 VI. CONSENT AGENDA — CONTINUED D. Resolutions (1) P.R. No. 21001 — A Resolution Authorizing The City Manager To Purchase A Well Point System With United Rentals Of Beaumont, Texas, For Pipe Installation At Sabine Pass With A Sourcewell Cooperative Purchasing Program Contract No. 091515-URI And Projected FY2020 Budgetary Impact Of $51,459.52; Funding Available In FY2020 Budget, Account No. 410-1255-532.92-00, Sewer System Maintenance (2) P.R. No. 21044 — A Resolution Authorizing The City Manager To Execute An Interlocal Contract With The City Of Beaumont, Jefferson County, Hardin County, Orange County And Jasper County To Secure Grant Funding From The State Of Texas Automobile Theft Prevention Authority For Operation Of The Southeast Texas Auto Theft Task Force (3) P.R. No. 21076 — A Resolution Authorizing The City Manager To Enter Into Contracts Between The City Of Port Arthur And Greenscapes Six LLC Of Baytown, Texas For The Installation Of Sidewalks With A Projected Budgetary Impact Of $420,000.00, And Utility Cut Repairs For Concrete Slabs At Various Locations Throughout The City With A Projected Budgetary Impact Of $50,000.00. Funding Is Available In The Public Work Streets ADA Sidewalks Account Number 001-1203-531.87-00; Street Maintenance Account Number 001-1203-531.46-00; EDC 4B Development Account 120-1429-582.59-05; And Water Distribution Streets Account 410-1253-532.36-00 (4) P. R. No. 21077 — A Resolution Authorizing The City Manager To Execute Contracts With PC Trucking Co., Of Port Arthur, Texas, C 3 Express Inc. Of Beaumont, Texas, And Lake City Trucking Of Lake Charles, Louisiana For The Hauling Of Materials (Clay) To The Landfill In An Amount Not To Exceed $775,000.00. Funds Are Available In Landfill Account 403-1274-533.59-02 AGENDA OCTOBER 7, 2019 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 21079 — A Resolution Authorizing The City Manager To Accept Change Order No. 2 That Adjusts Bid Quantities And Decreases The Contract Amount By $8,845.80 Between The City Of Port Arthur And Excavation & Construction Of Port Arthur, Texas For The Reconstruction Of 15th Street Project From Vera Drive To Main Avenue. Change Order No. 2 Impacts Funds In The Capital Improvement Account For Street Maintenance And Repair, Account No. 307-1601-591.86-00. Project No. ST1PO4 (6) P.R. No. 21081 — A Resolution Authorizing The City Manager To Enter Into A Contract With Clifford Power Systems Of Houston, Texas For Preventative Maintenance And Repair Of All City Backup Generators With A Projected Budgetary Impact Of $30,000.00. Funds Are Available In Utility Operations Department Account Numbers 410-1252-532.42-00, 410-1253-532.42-00, 410-1255- 532.42-00, And 410-1256-532.42-00 (Equipment Maintenance) (7) P.R. No. 21082 — A Resolution Authorizing The City Manager To Enter Into A Professional Services Contract With RWL Group For Risk Management Consulting Services At The Not To Exceed Cost Of $15,000.00 For The 2019-2020 Fiscal Year Fund No. (5): 612- 1702-581.52-00 (8) P.R. No. 21083 — A Resolution Authorizing The City Manager To Enter Into A Professional Services Contract With J.S. Edwards & Sherlock Insurance Agency For Employee Health Insurance And Benefits Consulting Services At A Cost Of $2,075.00 Per Month ($24,900.00 Annually) Effective 11/01/2019 Fund No. (S): 614- Health Insurance Fund (9) P.R. No. 21086 — A Resolution Accepting A Water Utilities Easement From Jose And Maria Estupinan For The Construction, Installation, Laying, And Maintaining Of Water Utilities For A Sewer Connection To A Smaller Sewer Main On Their Property On 5924 Ash Avenue In The City Of Port Arthur 4 AGENDA OCTOBER 7, 2019 VI. CONSENT AGENDA — CONTINUED (10) P.R. No. 21087 — A Resolution Authorizing The City Manager To Enter Into A Contract With SETEX Facilities & Maintenance, LLC Of Port Arthur, Texas, Through Choice Partners Cooperative Purchasing Program Contract Number 15/041JN-11 For Roofing Repairs To The Electrical/ Traffic Division Building Located At 320 Austin Avenue, In The Amount Of $43,124.75. Funds Available From The Electrical/Traffic Building Maintenance Account No. 001- 1206-531.32-00. (11) P.R. No. 21089 — A Resolution Authorizing The City Manager To Enter Into A Contract With IMS Infrastructure Management Services, LLC Of Tempe, Arizona, For The Survey And Analysis Of All City Roadways And The Development Of A Five-Year Roadway Rehabilitation Plan In The Not-To-Exceed Amount Of $98,500.00. Funding SIS Available In The Capital Streets Account No. 307-1601- 591.86-00 (12) P.R. No. 21091 — A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates A Convention/Visitors Bureau In Order To Provide Funding Of The 2019-2020 Fiscal Year In The Amount Of $700,000.00, Hotel Occupancy Tax Account No. 140-1405-551.59-00, M97912 (13) P.R. No. 21092 — A Resolution Approving A Contract Between The City Of Port Arthur And Southeast Texas Arts Council (SETAC) For The Purpose Of Funding SETAC For The 2019-2020 Fiscal Year In The Amount Of $30,000.00, Hotel Occupancy Tax Account No. 140- 1405-551.59-00, M97901 (14) P.R. No. 21093 — A Resolution Approving A Contract Between The City Of Port Arthur, And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2019- 2020 Fiscal Year In The Amount Of $246,336.00, Hotel Occupancy Tax Account No. 140-1405-551.59-00, M97904 (15) P.R. No. 21095 — A Resolution Approving Permit No. 172 For Drilling An Oil And Gas Well By Aspect Energy LLC 5 AGENDA OCTOBER 7, 2019 VI. CONSENT AGENDA — CONTINUED (16) P.R. No. 21097 — A Resolution Authorizing The City Manager To Negotiate A Contract Between The City Of Port Arthur And Weaver And Tidwell, LLP As Independent Auditor For The City Of Port Arthur For Fiscal Year 2019 With The Option To Renew For Four Subsequent Years (17) P.R. No. 21100 — A Resolution Authorizing The City Manager To Execute Amendment No. 3 To The Contract Between The City Of Port Arthur And Berg Oliver Associates, Inc. Of Houston, Texas, For Additional Environmental Assessments At Bryan Park; Increasing The Contract Amount By $11,035.00 For Additional Soil Samples And Soil Deposit Fee, To A New Contract Total Of $26,943.00; Funding Available In Hurricane Harvey Account No. 147-2300- 91.54-00, Project No. 082617 (18) P.R. No. 21101 — A Resolution Ratifying The Repairs To Equipment No. 1954, A Caterpillar D7E Dozer, For The Landfill By Mustang Cat Of Houston, Texas, In The Amount Of $37,982.05. Funds Available In Account No. 403-1274-533.43-00 (19) P.R. No. 21103 — A Resolution Authorizing The City To Enter Into A Long Term Temporary Street Closure Agreement With SpawGlass Construction Corporation For The Construction And Remodeling Of The Federal And A.E. Scott Buildings, From Date To Be Determined Through December 31, 2021 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21088 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Jones) (2) P.R. No. 21105 — A Resolution Designating And Establishing The National Hispanic Heritage Month Music Festival Entertainment Area, Designating Fernando Ramirez And Jose Gutierrez Of Exitos 100.9 FM Radio Station As Exclusive Concessionaires And Authorizing The City Manager To Execute Said Agreement 6 AGENDA OCTOBER 7, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 6804 — An Ordinance Amending Appendix A (Zoning), Section 7, Use Of Land And Buildings And Section 13, Mobile Home District Regulations Of The City Of Port Arthur Code Of Ordinances Providing That Violation Of This Ordinance Is Punishable As Provided In Section 1 — 8 Of The City Code Of Ordinances As Amended By A Fine Not To Exceed Two Thousand Dollars [$2,000.00] And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication VIII. 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 October 8, 2019. 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. Speaking Procedure; Limitation on discussion and questioning. Each person addressing the Council shall step up to the microphone provided for the use of the public and give his name and address in an audible tone of voice for the records, state that subject he wishes to discuss, state whom he is representing if he represents an organization or other person, and unless further time is granted by majority vote of the Council, shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, whether directly or through a member of the Council, without the permission of the Presiding Officer. 3. Improper References, Disorderly Conduct By Person Addressing The Council; Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening or abusive language, or engages, in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct, the order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made or Public Hearing Closed. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. 5. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run, or issue already ordered on a ballot for election. 6. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supplemental Lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of Council proceedings and/or discomfort to the public. 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.