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HomeMy WebLinkAboutJANUARY 7, 2020 REGULAR MEETING THURMAN BILL BARTIE,MAYOR RON BURTON HAROLD DOUCET,SR.MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: �} SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES ort rthur THOMAS J.KINLAW III VAL TREND CHARLO"FTE MOSES Teras CITY ATTORNEY' KAPRIN:1 FRANK AG E N DA City Council Regular Meeting January 7, 2020 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 January 7, 2020 8:30 A.M. 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 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) Ronald R. Moon Regarding Accomplishments On Pleasure Island Since Hurricane Ike (2) Susan Chirafis Regarding Update On The Pleasure Island Golf Course B. Presentations (1) A Presentation By Floyd Batiste Director Of The Port Arthur Economic Development Corporation Regarding The Port Arthur Work Ready Communities 1 1 AGENDA JANUARY 7, 2020 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) Staff Presentation Regarding Capital Projects Of The Port Arthur Transit (3) Staff Presentation Of The November Financial Report C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 9:00 A.M. — NONE 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 — None C. Minutes — None D. Resolutions (1) P.R. No. 21189 — A Resolution Authorizing The City Manager To Remit Payment To The City Of Port Neches For Annual Recurring Costs Of The Regional Radio System In The Amount Of $68,107.89; Funds Available In Account 001-1101-521.72-00 2 AGENDA JANUARY 7, 2020 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 21190 — A Resolution Authorizing The Purchase Of Police Equipment, Accessories And Ammunition From G. T. Distributors Of Austin, Texas, Under BuyBoard Contract With A Projected Budgetary Impact Of $73,000.00. Funds Available In Police Minor Equipment Account No. 001-1101-521.25-00 ($43,000.00) And Police Other Supplies — Material Account No. 001-1101-521.29-00 ($30,000.00) (3) P.R. No. 21213 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $341,822.08 Made Against Wright National Flood Insurance Company As A Result Of The Flood Damage To The Municipal Garage Contents (103 H.O. Mills Blvd.) (4) P.R. No. 21214 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $6,384.82 Made Against Wright National Flood Insurance Company As A Result Of The Additional Flood Damage To Municipal Garage (103 H.O. Mills Blvd.) (5) P.R. No. 21216 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Martin Marietta Materials, Inc. Of Beaumont, Texas, For Maintenance Services For Concrete Building Materials With An Annual Projected Budgetary Impact Of $200,000.00 Per Year. Funding Is Available In Account No. 001-1203-531.36-00 — Public Works Department Streets Division — Streets Maintenance (6) P.R. No. 21217 — A Resolution Authorizing The City Manager To Purchase One 8" Pump From United Rentals, Inc. Of Dallas, Texas, For A Total Amount Of $70,520.74 Through Sourcewell Contract 091615-URI. Funding Is Available In Account Number 410-1256- 532.92-00, Equipment (7) P.R. No. 21221 — A Resolution Granting Acceptance Of The 2020 Street Remediation And Reconstruction Projects Overview AGENDA JANUARY 7, 2020 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 21223 — A Resolution Authorizing The City Manager To Execute A Contract With Texas Pool Guy, LLC Of Port Arthur, Texas For The Resurfacing Of The Walter Mosley Pool In An Amount Not To Exceed $82,000.00; Funding Available In Capital Improvement Account Number 307-1601-591.95-00 ($70,000.00) And Parks Account Number 001-1207-531.39-00 ($12,000.00) (9) P.R. No. 21225 — A Resolution Authorizing The City Manager To Execute Three (3) Contracts Between The City Of Port Arthur And The Hughen Center, Inc. For The Use Of The Girls Softball Field, Miguez Field And Pee Wee Field Located At County Park (10) P.R. No. 21226 — A Resolution Authorizing The City Manager To Purchase Office Furniture From Hernandez Office Solutions Of Nederland, Texas, Through The Texas Multiple Award Schedule (TXMAS) Cooperative Program, In The Projected Budgetary Impacted Amount Of $228,069.06. Funding Available In Capital Projects Account No. 307-1601-591.82-00; Project No. 201606 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21212 — A Resolution Authorizing The City Manager To Execute A Three-Month Contract Between The City Of Port Arthur And Deztex Industrial Services, LLC Of Port Arthur, Texas And Mid County Land Company, LTD Of Port Arthur, Texas, For Excavating And Hauling Of Materials In The Not-To-Exceed Amount Of $150,000.00. Funds Are Available In 403-1274-533.59-02, Public Works Landfill — Landfill Construction And 001-1203-531.36-00 — Public Works Department — Street Maintenance (2) P.R. No. 21218 — A Resolution Authorizing The January 21, 2020 Regularly Scheduled Council Meeting Date To Be Rescheduled (Requested By Mayor Bartle) (3) P.R. No. 21219 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmembers Jones And Scott) 4 AGENDA JANUARY 7, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P. R. No. 21227 — A Resolution Of The City Council Of The City Of Port Arthur Urging All Citizens Of Port Arthur To Participate And Be Counted In The U.S. 2020 Census For Port Arthur — "Port Arthur 2020: All In! One City! One Count!" B. Ordinances — Non-Consent (1) P. 0. No. 6813 — An Ordinance Of The City Of Port Arthur, Texas Authorizing The Suspension Of The Effective Date For An Additional Ninety (90) Days Beyond The Effective Date Proposed By Texas Gas Service Company In Connection With Its Statement Of Intent To Increase Rates For Its Gulf Coast Service Area, Central Texas Service Area, And The City Of Beaumont, Filed On December 20, 2019; Authorizing The Hiring Of Lawyers And Rate Experts; Authorizing The City's Participation To The Full Extent Permitted By Law At The Railroad Commission Of Texas; Requiring Reimbursement Of Municipal Rate Case Expenses; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject; And Declaring An Effective Date VIII. *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 5 AGENDA JANUARY 7, 2020 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED Section 551.087 — Deliberations Regarding Economic Development Incentives Closed Meeting: (1) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding Potential And/Or Pending Litigation Involving The City Of Port Arthur (2) Section 551.072 Government Code — To Discuss Or Deliberate The Value Of Real Property Located At Carver Terrace Park, Civic Park, Felix & Milton Barker Park, Hughen Park, Immigrant Park, And Montgomery Park (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In Downtown; Pleasure Island; and near Lake Arthur Drive (4) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager (5) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects IX. 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 January 8, 2020. 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. 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.