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HomeMy WebLinkAboutMARCH 31, 2020 REGULAR MEETING THURMAN BILL BARTIE,MAYOR ,. RON BURTON HAROLD DOUCET,SR. MAYOR PRO TEM City of - Gy CITY MANAGER COUNCIL MEMBERS: SHERRI BELL.ARD,TRMC RAYMOND SCOTT,JR. �-� �� CITY SECRET.ARI CAL J.JONES nrt rt11t[r THOMAS J. KINLAW 111 VAL TIZENO CHARLOTTE MOSES ` "'�� CITY ATTORNEY' KAPRINA FRANK AG E N DA City Council Regular Meeting March 31, 2020 8:30 a. m . NOTICE OF MEETING BY VIDEOCONFERENCE In Accordance With Order Of The Office Of The Governor Issued March 16, 2020, The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 8:30 A.M. On March 31, 2020 At City Hall, 444 4th Street, Port Arthur, Texas 77641, By Videoconference In Order To Advance The Public Health Goal Of Limiting Face-To-Face Meetings (Also Called "Social Distancing") To Slow The Spread Of The Coronavirus (COVID-19). [There Will Be No Public Access To The Location Described Above.] 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 31, 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 — None C. Employee Recognition — None D. Correspondence — None E. Discussion (1) To Discuss And Possibly Take Action As It Pertains To The May 2, 2020 General/Joint And Special Elections i AGENDA MARCH 31, 2020 IV. PUBLIC HEARINGS — 9:00 A.M. (1) To Consider Public Comments Pertaining To A Change Of The Designated Use Of Six Public Parks And Or Recreation Area. To Consider The Sale Of Fee Title Or Interest In Land That The Municipality Owns, Holds, Or Claims As A Public Park For Fair Market Value Based Upon A Certified Appraisal, It-Wit: Carver Terrace Park, Civic Park, Felix & Milton Barker Park, Hughen Park, Immigrant Park, And Montgomery Park 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 (B1) Mayor Thurman Bartle: National League Of Cities Washington, DC March 6 — 12, 2020 $5,893.36 C. Minutes — None AGENDA MARCH 31, 2020 VI. CONSENT AGENDA — CONTINUED D. Resolutions (1) P.R. No. 21317 — A Resolution Authorizing The Rental Of Scales For The Landfill From Nichols Scales And Measurement Of Houston, Texas, With A Projected Budgetary Impact Of $34,200.00; Funds Are Available In Capital Reserve Fund Equipment Replacement Solid Waste Account No. 403-1274-533.51-01 (2) P.R. No. 21319 — A Resolution Authorizing The City Manager To Accept The Donation Of An Unimproved Property From Tender Loving Care Center For Children DBA Legacy Community Development Corporation, For The Purpose Of Expanding The Adjacent St. Mary Park Located At 1000 5th Street (3) P.R. No. 21328 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And A&A Electric Co., LLC Of Beaumont, Texas For Elevation Of The New Gas Generac Generator And The Re-Location And Re-Installation Of The Old Generator To Provide Temporary Power During The Upgrade That Increases The Contract Amount By $52,888.00 From The Original Contract Amount Of $372,056.00 To The New Contract Amount Of $424,944.00. Funding Is Available In The Capital Improvements Account No. 625-1801-531.92-06 (4) P.R. No. 21332 — A Resolution Authorizing The FY 2020-2021 Contract Amendment No. 2 Between The City Of Port Arthur And The Department Of State Health Services, Immunization Branch- Local To Extend The Contract Period Through August 31, 2021 And Add Funding In The Amount Of $162,630.00. The Total Amount Of This Contract Will Not Exceed $487,890.00. No Cash Match Is Required (5) P.R. No. 21333 — A Resolution Authorizing Contract Amendment No. 2 Between Texas Department Of State Health Services And The City Of Port Arthur For A Healthy Texas Babies Coalition Grant, To Revise The Budget And Add $117,500.00 In Funds For Fiscal Year 2021 For A Total Not To Exceed $349,375.00 Through August 31, 2021. No Match Required AGENDA MARCH 31, 2020 VI. CONSENT AGENDA — CONTINUED (6) P.R. No. 21336 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Industrial And Commercial Mechanical Of Beaumont, Texas, Through Buyboard Contract No. 558-18, For The Replacement Of A Chiller Unit Due To A Rupture Within The Heat Exchanger Bundle At The Water Purification Plant, With A Projected Budgetary Impact Amount Of $57,215.23; Funding Is Available In Water Utilities Account No. 410-1252- 532.32-00, Building Maintenance (7) P.R. No. 21337 — A Resolution Authorizing The Execution Of An Encroachment Agreement Between City Of Port Arthur And Stitch Properties, LLC For The Property Located At 320 Houston Avenue, Port Arthur, Texas (8) P.R. No. 21338 — A Resolution By The City Council Of The City Of Port Arthur, Texas Approving A Principal Forgiveness Agreement With The Texas Water Development Board And Authorizing The Mayor As The Designated Representative Of The City To Execute A Principal Forgiveness Agreement; And Approving Other Matters Related Thereto (9) P.R. No. 21339 — A Resolution Authorizing Execution Of A Representative Agreement VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21275 — A Resolution Authorizing The City Manager To Ratify The Payment To Complete The Project 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 $10,269.89. Funds Available In Hotel Occupancy Tax Fund Account #140-1405-551.59-00 Project #M97908 4 AGENDA MARCH 31, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P. 0. No. 6824 — An Ordinance Amending Chapter 42 — Floods, Sections 42-35, 42-37, 42-91, 42-92, And 42-93 Of The City Of Port Arthur Code Of Ordinances (2) P. 0. No. 6838 — An Ordinance Amending Appendix A, The Zoning Ordinance Of The City Of Port Arthur By Amending Sections 7-100 (Schedule Of Uses), 22-101 (Special Conditions By Use), And 26- 100 (Definitions) To Regulate And Provide For Special Conditions Related To Workforce Housing; Violations Of This Ordinance Are Punishable As Provided In Section 1-13 Of The City Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000] Dollars; And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date (3) P. 0. No. 6839 — An Ordinance Of The City Of Port Arthur Amending Chapter 22 (Businesses) By Adding A New Article XII (Workforce Housing) To Regulate The Construction And Maintenance Of Workforce Housing Within City Limits; Violations Of This Ordinance Are Punishable As Provided In Section 1-13 Of The City Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand Dollars [$2,000]; And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date (4) P. 0. No. 6849 — An Ordinance Authorizing The Issuance Of City Of Port Arthur, Texas, Combination Tax And Revenue Certificates Of Obligation, Series 2020B In A Principal Amount Not To Exceed $60,560,000 For The Construction Of Public Works And Any Items Related Thereto And For The Payment Of Contractual Obligations For Professional Services; Authorizing Execution And Delivery Of A Paying Agent/Registrar Agreement And An Escrow Agreement Relating To Such Certificates; Prescribing The Form Of Said Certificates; Levying A Tax And Pledging Surplus Revenues Of The Water And Sewer System In Payment Thereof; And Enacting Other Provisions Relating Thereto 5 AGENDA MARCH 31, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (5) P. 0. No. 6850 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2019 And Ending September 30, 2020 By $50,000.00 For The General Fund, $370,000.00 For The Debt Service Fund, By $362,204.00 For The Capital Reserve Fund And By $138,000.00 For The Hotel Occupancy Fund (6) P. 0. No. 6851 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code 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 April 1, 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.