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HomeMy WebLinkAboutMARCH 3, 2020 REGULAR MEETING THURMAN BILL BARTIE,MAYOR _ Energy RON BURTON HAROLD DOUCET,SR. MAYOR PRO TEM City of City CITY MANAGER /,l COUNCIL MEMBERS: I/ SHERRI BELLARD,TRMC RAYMOND SCOTT.JR. CITY SECRETARY CAL J.JONES n r t r•t Ir u r THOMAS J. KINLAW III VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY K:APRI\:1 FRANK AG EN DA City Council Regular Meeting March 3, 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 March 3, 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 — None B. Presentations (1) A Presentation By Staff Regarding Traffic Enforcement (2) A Presentation By Staff Regarding Department Vacancies (3) A Presentation By Staff Regarding Quiet Zones C. Employee Recognition — None D. Correspondence — None i AGENDA MARCH 3, 2020 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion — None IV. PUBLIC HEARINGS — 9:00 A.M. — NONE V. UNFINISHED BUSINESS (1) P.R. No. 21284 — A Resolution Approving Amendment No. 1 To The Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Standard Alloys Incorporated; Funds Available In EDC Account No. 120-1429-582.59-01 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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. 21229 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And O'Rourke Dist. Co., LLC Of Houston, Texas For Petroleum Oils, And Lubricants With A Projected Annual Budgetary Impact Of $32,054.81; Funding Is Available In Various Departmental Accounts 2 AGENDA MARCH 3, 2020 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 21252 — A Resolution Authorizing The City Manager To Enter Into A One-Year Agreement With Total Safety, U.S., Inc. Of Port Arthur, Texas, Through The Region 5 ESC Southeast Texas Cooperative Purchasing Program, Contract No. 20190404, For The Performance Of Asbestos And Lead Abatement Consulting Services, With A Projected Budgetary Impact Of $45,000.00; To Be Charged To 001-1052-517.54-00, General Fund — Professional Services (3) P.R. No. 21259 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $48,207.65 Made Against Texas Municipal League Intergovernmental Risk Pool (TML-IRP) As A Result Of The Flood Damage To The Old Fire Station #6 Building (4) P.R. No. 21274 — A Resolution Ratifying The City Manager's Execution Of A Homebuyer's Written Agreement For Down Payment Assistance And Closing Fees In The Amount Of $12,500.00 To Purchase 5627 Grant Avenue, Port Arthur, Texas, Through The City's Homebuyer Assistance Program. Funds Available In Account No. 105-1431-552.54-01, Project No. C45105 (5) P.R. No. 21289 — A Resolution Authorizing The City Manager To Execute Settlement Of Subrogation Proceeds Made Against Liberty Mutual Insurance As A Result Of Property Damage To Streets Unit #1990 (6) P.R. No. 21290 — A Resolution Authorizing The City Manager To Execute Three (3) Contracts Between The City Of Port Arthur And The Port Arthur American Little League For The Use Of U.G. Gibson Field, Senior Field And Roy O'Neal Field At SSGT. Lucian Adams Park (7) P.R. No. 21291 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And The Port Arthur American Little League For The Use Of Virginia/Sal Grado Field At Pioneer Park Numminionimor AGENDA MARCH 3, 2020 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 21292 — 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 International Association Of Fire Fighters Local 397 Of The City Of Port Arthur Fire Department (9) P.R. No. 21293 — A Resolution Authorizing The Second Year (First Renewal) For Mowing Contracts Between The City Of Port Arthur And Whit's Grass Cutting Of Port Arthur, Texas For Groups 1, 2 & 3C, Amelia Lawn Care & Landscaping Of Groves, Texas For Group 7B And Williams Transport Of Lumberton, Texas For Groups 11 & 12 For Mowing Of Various City Properties, Parks, & Right-Of-Ways With A Projected Budgetary Impact Of $63,840.00 Per Year. Funding Available In Parks Account No. 001-1207-531.31-00 (10) P.R. No. 21294 — A Resolution Authorizing The City Manager To Execute An Amended Contract Between The City Of Port Arthur And Southeast Texas Medical Associates (SETMA) To Refelect A Name Change To Steward Medical Group For The Services Of William D. George, MD To Continue To Act As The City's Health Authority And Supervising Physician For The Employee Health Services Clinic, Funds Are Budgeted In The FY 2020 General Fund Professional Service Account 001-1301-541.54-00 ($34,100.00); Employee Health Professional Service Account 001-1303-541.54-00 ($12,000.00), And Fire Department Account No. 001-1121-522.54- 00 ($5,500.00) For A Total Of $51,600.00 (11) P.R. No. 21295 — A Resolution Amending Resolution No. 20-020 As It Pertains To The Agreement Between The City Of Port Arthur And Stuart Consulting Group Of Houston, Texas For The Lake Arthur Detention Area For A Design Fee Not To Exceed $700,800.00. Funding Is Available In HMGP Engineering Account No. 154-2300- 901.53-00 And CDBG-DR Engineering Account No. 148-2300- 901.53-00 Project No. DR1P01. No City Funds AGENDA MARCH 3, 2020 VI. CONSENT AGENDA — CONTINUED (12) P.R. No. 21296 — A Resolution Amending Resolution No. 20-021 As It Pertains To The Agreement Between The City Of Port Arthur And Stuart Consulting Group Of Houston, Texas For The Babe Zaharias Golf Course Drainage For A Design Fee Not To Exceed $450,789.00. Funding Is Available In CDBG-DR Engineering Account No. 148-2300-901.53-00, Project No. DR1PO4. No City Funds (13) P.R. No. 21297 — A Resolution Authorizing The Purchase Of A 2020 Chevrolet 2500HD Crew Cab 4X4 Pickup Truck From 3K Chevrolet Of Nederland, Texas For The Public Works Drainage Division, With A Projected Budgetary Impact Of $35,719.66. Funds Are Available In 625-1801-531.93-04, Capital Reserve Equipment Replacement Public Works Motor Vehicle Drainage (14) P.R. No. 21298 — A Resolution Authorizing The City Manager To Enter Into A Contract With Diamond Shine Building Services Of Nederland, Texas For Janitorial Services For The Police Department, Fire Administration And Municipal Court Building With An Annual Projected Budgetary Impact Of $66,684.00; Funding Available In Account 001-1101-521.32-00 (15) P.R. No. 21299 — A Resolution Authorizing The Purchase Of Nineteen (19) Vehicles For The Police Department Via The Texas GoodBuy Purchasing Program Contracts From Silsbee Ford Of Silsbee, Texas And Lake Country Chevrolet Of Jasper, Texas, In The Total Amount Of $572,693.00; Funding Available In Account Number 625-1801-521.93-00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21220 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmembers Jones And Scott) 5 AGENDA MARCH 3, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P. 0. No. 6833 — An Ordinance Amending Section 14-553 (Terms; Vacancies) Of Article XVII (Library Board) Of Chapter 14 (Boards, Authorities, Commission And Committees) Of The Code Of Ordinances Of The City Of Port Arthur To Increase Terms From Two Year To Three Year Terms With Staggered Expiration Terms (2) P. 0. No. 6834 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $14,732.00 Made Against Allstate Insurance As A Result Of The Property Damage To Police Vehicle #1945 (3) P. 0. No. 6836 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $7,975.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML-IRP) As A Result Of Property Damage To Water Meter Unit #1671 (4) P. 0. No. 6837 — An Ordinance Authorizing The City Manager To Facilitate The Transfer Of City-Owned Properties Acquired Through The Neighborhood Stabilization Program (NSP) And Assist Tender Loving Care Center For Children, D.B.A Legacy CDC In Selling Newly Constructed Houses To Qualified Homebuyers That Are Eligible To Participate In The Downtown Revitalization Affordable Housing Program 6 AGENDA MARCH 3, 2020 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 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 Litigation Involving Civil Service Maters (2) Section 551.071 Government Code — To Discuss And Receive Legal Advice And Consultation With The City Attorney Related To Pending Contract, Claims, And Other Legal Matters (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In Pleasure Island (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 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects AGENDA MARCH 3, 2020 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 March 4, 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.