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HomeMy WebLinkAboutNOVEMBER 18, 2019 REGULAR MEETING THURMAN BILL BARTIE,MAYOR energy J RON BURTON IIAROLD DOUCET,SR.MAYOR PRO TEM City of cin' INTERIM CITY MANAGER COUNCIL MEMBERS: )4l SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES rt rthitT THOMAS J. KINLAW III VAL TREND CHARLOTTE MOSES Terns CITY ATTORNEY KAPRINA FR:NNK AG E N DA City Council Regular Meeting November 18, 2019 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. City Council Meeting City Hall Council Chamber City Of Port Arthur November 18, 2019 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartle 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 Sergeant At Arms: Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) John Beard Regarding Flood Protection, Pipelines, Development Incentives B. Presentations — None C. Employee Recognition — None D. Correspondence — None E. Discussion — None 1 AGENDA NOVEMBER 18, 2019 IV. PUBLIC HEARINGS — 9:00 A.M. — NONE V. UNFINISHED BUSINESS (1) P.R. No. 21144 — A Resolution Authorizing The Purchase Of Six (6) Portable Radios And Five (5) Mobile Radios For The Fire Department From Motorola Solutions Of Houston, Texas, Through HGAC Contract RA05-18 In The Amount Of $46,638.13; Funding Is Available In Vehicle/Equip — Gaming Account Number 149-1054- 517.25-00 (2) P.R. No. 21152 — A Resolution Amending Resolution 19-026 Pertaining To The Complete Count Committee Of The City Of Port Arthur In Support Of The 2020 United States Census 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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) Assistant City Secretary Kelly Moore: Texas Municipal Clerks Certification Program Graduate Institute Fort Worth, Texas October 23 — 26, 2019 $1,454.06 C. Minutes — None AGENDA NOVEMBER 18, 2019 VI. CONSENT AGENDA — CONTINUED D. Resolutions (1) P.R. No. 20861 — A Resolution Authorizing The City Manager To Execute Ground Leases Between The City Of Port Arthur And Tender Loving Care Center For Children (TLCCC) DBA Legacy Community Development Corporation (Legacy CDC) For The Development Of Affordable Houses On City Owned Properties Located At 1037 6th Street, 1201 6th Street (AKA 618 Savannah Avenue), 1237 6th Street And 1319 6th Street In The Downtown Targeted Area (2) P.R. No. 20871 — A Resolution Authorizing The City Manager To Execute Fixed Price Contracts Between The City Of Port Arthur And Tender Loving Care Center For Children (TLCCC) DBA Legacy Community Development Corporation (Legacy CDC) For The Construction Of Affordable Houses On The Neighborhood Stabilization Program (NSP) Properties Located At 1037 6th Street, 1201 6th Street (AKA 618 Savannah Avenue), 1237 6th Street And 1319 6th Street In The Downtown Targeted Area (3) P.R. No. 20949 — A Resolution Authorizing The City Manager To Enter Into A Contract With Proterra, Inc., Of Burlingame, California To Purchase Six (6) Battery Electric Vehicles And Charging Infrastructure For Port Arthur Transit, In The Amount Of $4,823,545.00; Funds Available In Account 401-1509-561.93-00 (4) P.R. No. 21113 — A Resolution Authorizing The City Manager To Purchase A D8T Bulldozer From Mustang CAT Of Beaumont, Texas, Through BuyBoard Contract No. 515-16 With A Budgetary Impact Of $846,935.05. Funds Are Available In The Capital Reserve Equipment Replacement Public Works Solid Waste Equipment- Account No. 625-1801-533.92-00 3 AGENDA NOVEMBER 18, 2019 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 21148 — A Resolution Authorizing The City Manager To Terminate The Contract With Southeast Texas Lawn & Maintenance Of Beaumont, Texas, For Groups A, B, C, D, & E, Due To Unsatisfactory Performance, And To Award A Contract For Groups B & D To Williams Transport Of Lumberton, Texas, And Award A Contract For Groups A, C, E To Amelia Lawn Care & Landscaping, With An Increased Projected Budgetary Impact Of $1,296.00 To Account Number 410-1253-532.59-00 (6) P.R. No. 21156 — A Resolution Authorizing The City Manager To Make A Payment To The Texas Commission On Environmental Quality (TCEQ) For The Fourth Quarter Fee For Landfill Disposal With A Not To Exceed Amount Of $35,641.96. Funding Is Available In Account No. 403-1274-533.59-01, Public Works Department Landfill Division — Regulatory Fees/Fines (7) P.R. No. 21158 — A Resolution Accepting The Donation Of A 2019 Ford E350 Starcraft Mobile Office Conversion Van From The Texas Department Of Health And Human Services For The City Of Port Arthur WIC Program. The Total Cost Of The Van Is $92,713.01 And Will Be Purchased By The State. Inspections And Repair Services Will Be Funded By WIC Grant Funds, Vehicle Maintenance Account, 101-1331-542.43-00 (8) P.R. No. 21164 — A Resolution Authorizing The City Manager To Enter Into A Contract With G&G Enterprises Construction Corporation Of Port Arthur, Texas To Renovate Port Arthur Transit's Terminal Building, In The Amount Not To Exceed $528,250.00; Funds Available In Account 401-1509-561.82-00 (9) P.R. No. 21165 — A Resolution Authorizing The City Manager To Purchase A 2020 Mack GU813 — Granite 64B Concrete Truck From Volvo & Mack Truck Of Waco From Robinson, Texas, Under BuyBoard Contract No. 521-16 For The Public Works Streets Division, With A Projected Budgetary Impact Of $173,767.28; Funds Are Available In The Capital Reserve Equipment Replacement Public Works Motor Vehicle Streets — Account No. 625-1801-531.93-03 4 AGENDA NOVEMBER 18, 2019 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21159 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Micro-Loan Agreement With Sherrie Hayes DBA Grace Line Trucking In The Amount Of $30,000.00 For Refinancing Of A Dump Truck Used For Grace Line Trucking; Funds Available In EDC Account No. 119-1426-554.54-00 (2) P.R. No. 21160 — 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 Avenue And Shreveport For An Amount Of One Hundred Twenty Thousand And 00/100 Dollars ($120,000.00) (3) P.R. No. 21161 — A Resolution Approving A Technical Assistance Agreement Between The City Of Port Arthur, Texas, The City Of Port Arthur Section 4A Economic Development Corporation And National Development Council For The Period Of November 30, 2019 Through November 29, 2020 In An Amount Not To Exceed $72,000.00; Account No. 120-1429-582.54-11 (4) P.R. No. 21162 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An Agreement With Americom Marketing In Order To Implement A Corporate Target Market Branding Strategy To Recruit/Market Human Population To The Port Arthur, Texas Area Who Are Willing To Relocate To An Income Tax Free State With Good Paying Jobs Ranging From $60,000.00 - $80,000.00 Due To A Surplus In Jobs Which Require A High Level Of Skill Set; Account No. 120-1429- 582.59-06 (5) P.R. No. 21163 — A Resolution Appointing And/Or Reappointing Three (3) Regular Board Members To The Construction Board Of Adjustment And Appeals 5 AGENDA NOVEMBER 18, 2019 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (6) P.R. No. 21167 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Frank) (7) P.R. No. 21168 — A Resolution Appointing A Member To The Planning And Zoning Commission (8) P.R. No. 21169 — A Resolution Appointing And/Or Reappointing Member(s) To The Zoning Board Of Adjustment (9) P.R. No. 21172 — A Resolution Appointing Ronald Burton As City Manager For The City Of Port Arthur And Establishing The Terms Of Employment Pursuant To Article V Of The Charter Of The City Of Port Arthur And Chapter 25 Of The Texas Local Government Code B. Ordinances — Non-Consent (1) P.O. No. 6807 — An Ordinance Authorizing The City Manager To Execute The Settlement Of An Automobile Physical Damage Claim In The Amount Of $141,163.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Trash Truck #2280 (2) P.O. No. 6808 — An Ordinance Designating Thursday, December 26, 2019, As A Legal Holiday r rr 6 AGENDA NOVEMBER 18, 2019 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 With The City Attorney Pending Legal Issues Asserted Against The City Related To Hurricane Harvey (2) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value of Real Property Located In Downtown Port Arthur (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located At 3538, 3340, 3542 9th Avenue (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value of Real Property Located At Lake Arthur Drive (5) Section 551.074 Government Code — To Deliberate The Appointment Of A City Manager AGENDA NOVEMBER 18, 2019 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED *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 November 19, 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 *************************************************** 8 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.