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HomeMy WebLinkAboutDECEMBER 3, 2019 REGULAR MEETING 5:30 PM I HURMAN BILL BARTIE,MAYOR Energy RON BURTON HAROLD DOUCET,SR. MAYOR PRO TF:II City of City - CITY MANAGER COUNCIL MEMBERS: It SHERRI BELI,ARD,TRMC RAYMOND SCOTT..JR. ti CITISECRETARY' CAL J.JONES �� r t r t{t r[r THOMAS J.KINLAW III VAL TREND CHARLOTTE MOSES l` 1`rS CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting December 3, 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 December 3, 2019 5:30 PM 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 City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Greg Richard Regarding Essau & The Edomites (2) Stephen Williams Regarding Grease Buildup In The City Of Port Arthur (3) John Beard Regarding Port Arthur FIRST And Related Issues (4) Dr. Janice Milo Regarding Accountability Of Our City Officials (5) Chuck Vincent Regarding Animal Control In Port Acres B. Presentations (1) A Presentation By Staff Regarding Commencing Saturday Transit Service For The City Of Port Arthur 1 AGENDA DECEMBER 3, 2019 III. PETITIONS & COMMUNICATIONS (2) A Presentation By Staff Regarding The October Financial Report (3) A Presentation By Attorney Derrick Mitchell Regarding Issuing Certificates Of Obligation C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. (1) A Public Hearing To Receive Public Comment On A Zoning Change From Single Family "SF"To Light Commercial "LC" Approximately 4.429-Acres Of Land, Park Of Tract 20, John McGaffey Survey, Abstract No. 467, Sabine Pass, Jefferson County, Texas (2) A Public Hearing To Receive Public Comment On A Zoning Change From Single Family "SF" To Planned Development District — 39 "PD- 39" 8.512 Acres Of Land, Consisting Of Part Of Block 386, And All Of Blocks 387, 402, And 403, Together With Adjacent Alleys And Rights-Of-Way, City Of Port Arthur, Jefferson County, Texas V. UNFINISHED BUSINESS (1) P.R. No. 21168 — A Resolution Appointing A Member To The Planning And Zoning Commission (2) P.R. No. 21169 — A Resolution Appointing And/Or Reappointing Member(s) To The Zoning Board Of Adjustment And Appeals AGENDA DECEMBER 3, 2019 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 — None (B1) Mayor Thurman Bartie: To Meet With John Colynadro, A Senior Advisor In The Governor's Office. Quality Of Life In Port Arthur Austin, Texas November 13 — 15, 2019 $1,326.80 (B2) Councilmember Thomas Kinlaw: Amendment Texas Municipal League Conference San Antonio, Texas October 8 — 11, 2019 $1,977.22 (B3) Councilmember Charlotte Moses: Amendment Texas Municipal League Conference San Antonio, Texas October 8 — 11, 2019 $2,427.96 C. Minutes October 28, 2019 Special Meeting November 4, 2019 Special Meeting November 5, 2019 Regular Meeting November 5, 2019 Special Meeting Executive Session November 18, 2019 Regular Meeting AGENDA DECEMBER 3, 2019 VI. CONSENT AGENDA — CONTINUED D. Resolutions (1) P.R. No. 21157 — A Resolution Authorizing The City Manager To Execute Change Order No. 01 To The Contract Between The City Of Port Arthur And Gulf Coast A CHR Company Of Beaumont, Texas For The Nashville Avenue Pavement Improvement Project From Rev. Ransom Howard Street (W. 7th) To Procter Street Increasing The Contract Amount By $182,651.86 To The New Contract Amount Of $1,095,941.36. Funding Is Available In The Capital Improvements Account 307-1601-591.86.00 (2) P.R. No. 21166 — A Resolution Authorizing The Payment To Computer Information Systems, Inc., Of Skokie, Illinois For The Annual License Renewal Fee For Maintenance Of The Police And Fire Department Computer Aided Dispatch, Record Management System And MCS/AVL Server, In The Amount Of $42,889.43; Funding Available In 001-1101-521.72-00 (3) P.R. No. 21170 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And ELOS Environmental, LLC Of Hammond, Louisiana To Provide An Environmental Assessment Of The Proposed Lake Arthur Detention Pond Project In The Amount Of $25,575.00. Funds Are Available In Account No. 147-2300-901.84-00; Project # DR1P01 (4) P.R. No. 21171 — A Resolution Establishing The 6th Annual Christmas With Dr. Levy Toy Giveaway And Christmas Extravaganza Entertainment Area, Designating Dr. Levy Barnes And Bethel Temple Of Deliverance As Exclusive Concessionaires And Authorizing The City Manager To Execute Said Agreement (5) P.R. No. 21173 — A Resolution Authorizing The Police Department To Purchase 14 Motorola APX6000 Portable Radios, 1 APX6500 Mobile Radio And Accessories From Motorola Solutions Under HGAC Contract #RA05-18 With Funds Awarded From The 2019 Law Enforcement Terrorism Prevention Program (LETPP) Grant In The Amount Of $53,739.87 With No Cash Match Requirement. Funding Available In Account 107-1118-521.25-00, Project Code R19469 -i 4 AGENDA DECEMBER 3, 2019 VI. CONSENT AGENDA — CONTINUED I (6) P.R. No. 21174 — A Resolution Authorizing Repairs Due To A Drainage Cave-In At 4601 9th Avenue And Further Authorizes The City Manager To Enter Into A Contract With Shaver Construction & Contracting Services, LLC Of Jasper, Texas For The Repair, With A Budgetary Impact Amount Of $27,350.00. Funding Is Available In The Public Works Department Drainage Division - Drainage Maintenance Account, Account No. 001-1204-531.34-00 (7) P.R. No. 21175 — A Resolution Ratifying And Approving Payments By The City Manager To United Rentals, Inc. Of Dallas, Texas For The Rental Of One 8" Pump, For A Projected Amount Of $37,913.85 Through Sourcewell Contract 091615-URI. Funding Is Available In Account Number 410-1256-532.51-00 Rent (8) P.R. No. 21179 — A Resolution Authorizing The City Manager To Purchase A 2021 Ford F-750 Diesel Regular Cab Bucket Truck F7D For The Public Works Electrical Division From Silsbee Ford Of Silsbee, Texas Through The GoodBuy Purchasing Program With A Total Budgetary Impact Amount Of $168,451.25. Funding Available From Account No. 625-1801-531.93-03 (9) P.R. No. 21183 — A Resolution Authorizing The City Attorney And City Manager To Execute A Contract For The Purchase Of Approximately 14.4 Acres Of Vacant Land Located At 7051 Lake Arthur Drive In The Amount Of $850,000.00 To Be Utilized For A City Drainage Project For The Construction Of A Detention Pond VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21176 — A Resolution Authorizing The December 31, 2019 Regularly Scheduled Council Meeting Date To Be Cancelled/Rescheduled (2) P.R. No. 21177 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Scott) 5 AGENDA DECEMBER 3, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.R. No. 21178 — A Resolution Appointing Members To The Complete Count Committee Of The City Of Port Arthur In Support Of The 2020 United States Census (4) P.R. No. 21180 — A Resolution Of The City Council Of The City Of Port Arthur, Texas, Authorizing The Publication Of The Notice Of Intention To Issue City Of Port Arthur, Texas Certificates Of Obligation In A Principal Amount Not To Exceed $10,000,000.00 For The Construction Of Public Works And Any Items Related Thereto And For The Payment Of Contractual Obligations For Professional Services; Authorizing The Distribution Of A Preliminary Official Statement Relating To Such Certificates; And Containing Other Provisions Relating Thereto (5) P.R. No. 21188 — A Resolution Authorizing The January 28, 2020 Regularly Scheduled Council Meeting Date To Be Rescheduled B. Ordinances — Non-Consent (1) P.O. No. 6810 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2019 And Ending September 30, 2020 By $25,600.00 For The Pleasure Island Fund And By $96,073.00 For The General Fund 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 December 4, 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 *************************************************** 6 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. S. 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.