Loading...
HomeMy WebLinkAboutFEBRUARY 4, 2020 REGULAR MEETING THURMAN BILL BARTIE,MAYOR E„e,n. RON BURTON HAROLD DOUCET,SR. MAYOR PRO TEM < a\ of City CITY MANAGER COUNCIL MEMBERS: J SHERRI BELLARD,TRMC RAYMOND SCOTT.JR. (1 rt / r J CITY SECRETARY Tf CAL J.JONES THOMAS J.KINLAW III VAL TIZENO CHARLOTTE MOSES ` c1's CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting February 4, 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 February 4, 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) Marley Mashill And Sarah Ricks Regarding Homeowner Preparedness Training And Flood Insurance Awareness (2) Jacolby R. Scott Regarding School Safety Crosswalk Signs (3) Eric Linton Regarding Second Chance Employment For a Felon B. Presentations — None C. Employee Recognition — None D. Correspondence — None AGENDA FEBRUARY 4, 2020 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion (1) A Discussion Regarding The Port Arthur Business Enterprise (PABE) Criteria (Requested By Councilmember Doucet) (2) A Discussion And Possible Action Regarding Briefing On February 5, 2020 (Requested By Mayor Bartie) IV. PUBLIC HEARINGS — 9:00 A.M. Second Of Two (2) Public Hearings To Receive Public Comment As To The Effects In The Community Of The Curfew Ordinance And As To Whether The City Should Continue, Modify Or Abolish The Curfew Ordinance V. RECESS Recess To Attend The Unveiling Of The Census 2020 Advertisement On The City Transit Buses VI. UNFINISHED BUSINESS — NONE VII. 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 AGENDA FEBRUARY 4, 2020 VII. CONSENT AGENDA — CONTINUED i B. Expense Reports (B1) City Attorney Valecia Tizeno: Olson & Olson's 16th Annual Local Government Seminar Stafford, TX January 30, 2020 $102.72 C. Minutes — None D. Resolutions (1) P.R. No. 21201 — A Resolution Authorizing The City Manager To Enter Into An Agreement With The LaBiche Architectural Group, Inc., Of Beaumont, Texas For The Development Of Professional Plans For Repairs To Rose Hill Manor And Submission To The Texas Historical Commission, As Well As Working With The Texas Historical Commission For Approval, In The Amount Of $26,000.00 Plus Reimbursables Not To Exceed $1,500.00. Funds Available In Hotel Occupancy Tax Fund Account No. 140-1405-551.59-00 Project #M97908 (2) P.R. No. 21233 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $72,500.00 Made Against Texas Municipal League Intergovernmental Risk Pool • (TMLIRP) As A Result Of The Flood Damage Retention Screens At Monstrose Pump Station As A Result Of Hurricane Harvey (August 30, 2017) • (3) P.R. No. 21234 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $397,904.22 ; Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damage To Pump Stations As A Result Of Hurricane Harvey (August 30, 2017) (4) P.R. No. 21235 — A Resolution Appointing A Negotiating Team Under Chapter 174 Of The Texas Local Government Code Annotated, To Conduct Collective Bargaining With The Bargaining Agent Of The Port Arthur Police Association Of The City Of Port Arthur Police Department AGENDA FEBRUARY 4, 2020 VII. CONSENT AGENDA — CONTINUED (5) P.R. No. 21253 — A Resolution Authorizing Supplemental Repairs For The Recreation/Senior Center Roof By SpawGlass Construction Corp Of Beaumont, Texas Through BuyBoard Cooperative Contract No. 520-EZ1QC, In The Amount Of $68,205.99. Funding Available In Capital Improvement Fund Account No. 307-1601-591.95-00 (6) P.R. No. 21257 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $9,000.00 Made Against Casco Industries, Inc. As A Result Of The Flood Damages To Mobile Equipment At Fire Station #6 Due To Hurricane Harvey (August 30, 2017) (7) P.R. No. 21265 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1020 6th Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (8) P.R. No. 21268 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And SITEK Omni Services, LLC Of Humble, Texas For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21239 — A Resolution Approving Amendment No. 1 To The Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And PARC Enterprises, Inc. (2) P.R. No. 21240 — A Resolution Authorizing The Purchase Of A Pair Of LED Signs ID #1339717 W16-S For The Spur 93 Business Park From Custom Signs, Beaumont, Texas By The City Of Port Arthur Section 4A Economic Development Corporation In The Amount Of $35,902.80; Funding Available In PAEDC Account No. 120-1429- 582.92-00 4 AGENDA FEBRUARY 4, 2020 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.R. No. 21266 — A Resolution Granting Consent To The Assignment Of The Industrial District Agreement With Flint Hills Resources Port Arthur, LLC (FHR) (2018-2027) By And Between The City Of Port Arthur And Flint Hills Resources Port Arthur, LLC (FHR), Dated December 28, 2017 (The "Agreement") (4) P.R. No. 21270 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Scott) (5) P.R. No. 21272 — A Resolution Authorizing A Job Training Program Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur For Eligible Port Arthur Residents Enrolled In A 2-Year Associates Degree Program, In An Amount Not To Exceed $67,500.00; Funds 1 Available In EDC Account No. 120-1429-582.59-07 B. Ordinances — Non-Consent (1) P. 0. No. 6814 — An Ordinance Continuing The Juvenile Curfew Ordinance As Delineated In Sections 62-101 To 62-106 Of The Code Of Ordinances Of The City Of Port Arthur (2) P. 0. No. 6817 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $44,520.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Property Damage To Parks Mobile Equipment Unit #2241 (3) P. 0. No. 6818 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $27,625.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Property { Damage To Parks Mobile Equipment Unit #2314 AGENDA FEBRUARY 4, 2020 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P. 0. No. 6820 — An Ordinance Amending Chapter 82 Signs, Of The Code Of Ordinances Of The City Of Port Arthur, Thereby Adopting The Updated Chapter 82 Signs; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars ($2,000.00), As Provided In Section 18-43 Of The Code Or As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication 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 And Receive Legal Advice From The City Attorney Regarding Potential And/Or Pending Litigation And Other Legal Matters Involving The City Of Port Arthur 6 AGENDA FEBRUARY 4, 2020 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (2) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property On The Certain Of Land Situated In The Thomas F. McKinney League, Abstract No. 41, Jefferson County, Texas, More Particularly Described As Tract No. ML-TX-JE-057.000 (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located At 630/636 Savannah Avenue And 1200 Rev. Ransom Howard Street (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In The City's Downtown (5) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In The City's Industrial District/ETJ (6) Section 551.072 Government Code — To Discuss Or Deliberate The Value Of Real Property Located At Carver Terrance Park, Civic Park, Felix & Milton Barker Park, Hughen Park, Immigrant Park, And Montgomery Park (7) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects: Abatix, Corp. (8) Section 551.087 Government Code — To Discuss Economic Development Incentives In The City's Industrial District/ETJ (9) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager (10) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Secretary AGENDA FEBRUARY 4, 2020 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 February 5, 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 *************************************************** 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.