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HomeMy WebLinkAboutAPRIL 14, 2020 REGULAR MEETING THURMAN BILL B:IRTIE,MAN OREnergy" RON BURTON HY _ HAROLD DOUCET,SR.MAN PRO I I:NI City of cU)" CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,.1R. z� CITY SECRETARY CAL J.JONES u r t r t i r[r THOMAS J. KINLAVN III Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting April 14, 2020 5 :30 p.m. NOTICE OF MEETING BY TELEPHONIC & 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 5:30 P.M. On April 14, 2020 [THERE WILL BE NO PUBLIC ACCESS TO CITY HALL FOR THE MEETING] By Telephonic And 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). Any Person May Participate And Address The City Council By Dialing One Of The Following Toll Free Numbers And Entering The Meeting ID: 180-110-757 And Participant ID: 023282: (877) 853-5247 US Toll Free (888) 788-0099 US Toll Free 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 April 14, 2020 5:30 PM 1Il'lmmi'r 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 Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) A Presentation By City Attorney And Staff Pertaining To Families First FMLA Leave Expansion And Emergency Paid Sick Leave Policy As Required By The Families First Coronavirus Response Act (2) A Presentation By Staff Regarding Federal Stimulus Legislation That Relates To The Reauthorization Of The Fixing America's Surface Transportation Act (FAST Act), CBDG Funding, And The Fiscal Impact Funding On The City's Transit Department C. Employee Recognition — None D. Correspondence — None 1 AGENDA APRIL 14, 2020 III. PETITIONS & COMMUNICATIONS E. Discussion (1) To Discuss And Take Possible Action As It Pertains To The City's Travel Policy (Requested By Mayor Pro Tern Doucet) IV. PUBLIC HEARINGS — 6:00 P.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 C. Minutes March 31, 2020 — Regular Meeting (Video/Telephonic Conference) April 3, 2020 — Emergency Meeting (Telephonic Conference) April 7, 2020 — Special Meeting (Video/Telephonic Conference) D. Resolutions (1) P.R. No. 21264 — A Resolution Authorizing The City Manager To Negotiate A Contract Between The City Of Port Arthur And Willdan Financial Services Of Plano, Texas For The 2020 Water And Sewer Rate Study 2 AGENDA April 14, 2020 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 21330 — A Resolution Authorizing The City Manager To Apply To The U.S. Department Of Housing And Urban Development For A Community Development Block Grant In The Amount Of $1,152,703.00 And A Grant In The Amount Of $294,562.00 In Home Investment Partnership (Home) Funds And Authorizing The City Manager To Execute The City Of Port Arthur's 2020 Consolidated Annual Plan. The Consolidated Plan Will Be Submitted To The U.S. Department Of Housing And Urban Development (3) P.R. No. 21335 — A Resolution Authorizing The Purchase Of Six Traffic Signal Cabinets And Associated Appurtenances From Texas Highway Products, LTD. In Round Rock, Texas, Through The Texas BuyBoard Cooperative Purchasing Program With A Total Budgetary Impact Amount Of $53,580.00. Funding Is Available From Account No. 001-1205-531.45-00 (4) P. R. No. 21342 - A Resolution Awarding A Contract To Leeds Environmental Services In The Amount Of $12,000.00 And Authorizing The Execution Of A Contract By The City Manager For Land Clearing (Removal Of Slabs & Fences) Of Six (6) Vacant Properties (Group B) Located Throughout The City, To Be Charged To Account No. 001-1052-517.59-00 (General Fund-Other Contractual Service) (5) P.R. No. 21343 - A Resolution Awarding A Contract To Leeds Environmental Services In The Amount Of $10,000.00 And Authorizing The Execution Of A Contract By The City Manager For Land Clearing (Removal Of Slabs & Fences) Of Five (5) Vacant Properties (Group C) Located Throughout The City, To Be Charged To Account No. 001-1052-517.59-00 (General Fund-Other Contractual Service) (6) P.R. No. 21344 - A Resolution Awarding A Contract To Leeds Environmental Services In The Amount Of $10,000.00 And Authorizing The Execution Of A Contract By The City Manager For Land Clearing (Removal Of Slabs & Fences) Of Five (5) Vacant Properties (Group D) Located Throughout The City, To Be Charged To Account No. 001-1052-517.59-00 (General Fund-Other Contractual Service) AGENDA April 14, 2020 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 21345 - A Resolution Authorizing The Acceptance Of Payment From The Southeast Texas Advisory Council For Cost Associated With Port Arthur Fire Department Personnel Deployed As Part Of A Medical Incident Support Team (MIST) In The Amount Of $2,184.31 Related To The November 2019 Fire At The TPC Group Port Neches Facility (8) P.R. No. 21346 — A Resolution Authorizing The City Manager To Enter Into A Five Month Contract With Diversified Energy Supply Of Roswell, Georgia To Purchase Gasoline; And Petroleum Traders Corporation Of Fort Wayne, Indiana To Purchase Ultra Low Sulfur Diesel Fuel For Port Arthur Transit In The Projected Estimated Amount Of $95,000.00; Funds Available In Account 401-1501-561- 24-00 And 401-1506-561-24-00 (9) P.R. No. 21347 - A Resolution Approving Contract Between The City Of Port Arthur And Department Of State Health Services For The COVID-19 Response Grant In The Not To Exceed Amount Of $123,206.00. The Contract Expires March 15, 2021 (10) P.R. No. 21349 - A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $11,787.17 Made Against Texas Municipal League Intergovernmental Risk Pool (TML-IRP) As A Result Of Property Damage To Police Vehicle #2146 (11) P.R. No. 21350 - A Resolution Authorizing The Purchase Of Commercial Windstorm Coverage In An Amount Not To Exceed $701,391.61 Per Annum Proposed Funding By: General Liability Insurance Fund 612-1702-581.52-00 $583,727.55 (12) P.R. No. 21351 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1012 5th Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program 4 AGENDA April 14, 2020 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 21353 — A Resolution Authorizing The City Manager To Apply For Entergy's Sustainability And Environmental Grant In The Amount Of $500,000.00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent — None B. Ordinances — Non-Consent (1) P.O. No. 6854 - An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $12,515.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML-IRP) As A Result Of The Property Damage To Police Vehicle #2000 (2) P.O. No. 6855 — An Ordinance Amending Chapter 78, Article II, Division 5 Of The Personnel Policy Of The City Of Port Arthur Code Of Ordinances By Adding Section 78-189 "The City Of Port Arthur's Expanded COVID-19 Leave Policy" For The Purpose Of Assisting Employees Affected By The COVID-19 Crisis To Run Concurrently With The Families First Coronavirus Response Act (FFCRA), Wherever Permissible." Providing For Findings Of Fact, Repealer Severability, And Establishing An Effective Date (3) P.O. No. 6856 - An Ordinance By The City Of Port Arthur, Texas ("City") Denying The Distribution Cost Recovery Factor Rate Increase Request Of Entergy Texas, Inc. Filed On March 31, 2020; Setting Just And Reasonable Rates For Entergy Texas, Inc. For Service Within The Municipal Limits; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings (4) P.O. No. 6857 - An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(B) Of The Texas Government Code 5 AGENDA April 14, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED (5) P. 0. No. 6858 - An Ordinance Of The City Of Port Arthur, Texas, Confirming, Ratifying, And Extending The Stay Home-Work Safe Emergency Order Of The City Of Port Arthur, As Amended; Providing For Findings Of Fact, Repealer, Severability, Enforcement, And Penalty 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 March 18, 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 *************************************************** 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.