HomeMy WebLinkAboutMAY 26, 2020 REGULAR MEETING THURMAN BILL BARTIE,MAYOR Ene�¢v RON BURTON
CHARLOTTE MOSES MAYOR PRO TEM City of ��"' CITY MANAGER
COUNCIL MEMBERS: <' , ,1 \'` 1 SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. j— CITISECRETARY"
CAL J.JONES ort r t It tt r
THOMAS J. KINLAW Ill VAL TREND
HAROLD DOUCET,SR. Tc'in.t CITY ATTORNEY
KAPRINA FRANK
AG E N DA
City Council
Regular Meeting
May 26, 2020
11:00 AM
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
11:00 A.M. On May 26, 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: 891-4432-3980 And Participant ID: 181545:
(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
May 26, 2020
11:00 A.M.
PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES
1 I. INVOCATION, PLEDGE & ROLL CALL
Mayor Bartie
Mayor Pro Tern Moses
Councilmember Scott, Jr.
Councilmember Jones
Councilmember Kinlaw, III
Councilmember Doucet, Sr.
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 The Municipal Sales And Use Tax
For Street Maintenance
(2) A Presentation By Staff Regarding The City's Grass Mowing
Program
(3) A Presentation By Staff Regarding COVID-19 Testing
C. Employee Recognition — None
D. Correspondence — None
AGENDA
May 26, 2020
III. PETITIONS & COMMUNICATIONS (CONTINUED)
E. Discussion
(1) Discussion And Possible Action With Regard To Naming The
Pavilion And Development Services Building
IV. PUBLIC HEARINGS — 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 — None
D. Resolutions
(1) P.R. No. 21360 — A Resolution Awarding A Contract To Lark Group,
Inc. Or Warren, TX In The Amount Of $22,800.00, And Authorizing
The Execution Of A Contract For The Demolition Of Six (6)
Dangerous Residential Properties With Transite (Group B-T), To Be
Charged To Account No. 001-1052-517.59-00 (General Fund —
Other Contractual Services)
AGENDA
May 26, 2020
VI. CONSENT AGENDA — CONTINUED
(2) P. R. No. 21382 — A Resolution Authorizing A Non-Exclusive
Contract Between The City Of Port Arthur And Mainstay Suites Of
Port Arthur, Texas To Provide Services, Supplies, Accommodations,
Or Conference Rooms In The Case Of An Emergency Or Disaster
With The Term Of The Agreement From May 26, 2020 To April 25,
2022
(3) P. R. No. 21383 — A Resolution Authorizing A Non-Exclusive
Contract Between The City Of Port Arthur And Super 8 Motel Of
Port Arthur, Texas To Provide Services, Supplies, Accommodations,
Or Conference Rooms In The Case Of An Emergency Or Disaster
With The Term Of The Agreement From May 26, 2020 To April 25,
2022
(4) P.R. No. 21399 — A Resolution Authorizing The City Manager To
Purchase Firefighting Protective Coats, Trousers, Boots, And
Helmets From Casco Industries Of La Porte, Texas, Under
BuyBoard Contract No. 603-20, With A Projected Budgetary Impact
Of $100,000.00; Funding Available In Fire Department's Uniform
And Bunker Account No. 001-1121-522.26-00
• (5) P.R. No. 21400 — A Resolution Authorizing The Second Year, First
Renewal Of The Contract With Siddons-Martin Emergency Group Of
Port Arthur And Houston, Texas, For Preventative Maintenance And
Repair To Fire Department Fire Apparatus And Other Special
Response Vehicles, With A Projected Budgetary Impact Of
$275,000.00; Funding Available In Fire Department Vehicle
Maintenance Account No. 001-1121-522.43-00
(6) P.R. No. 21404 — A Resolution Authorizing The City Manager To
Execute Amendment No. 1 To The Professional Engineering
Contract With Schaumberg And Polk, Inc., Of Beaumont, Texas, For
The Water Elevated Storage Tank Rehabilitation Project On West
Port Arthur Road, Increasing The Original Contract Time From
Twelve (12) Months To Thirty (30) Months With No Additional
Costs
AGENDA
May 26, 2020
VI. CONSENT AGENDA — CONTINUED
(7) P.R. No. 21407 - A Resolution Authorizing The City Manager To
Execute Change Order No. 3 To The Contract Between The City Of
Port Arthur And Excavation & Construction, LLC Of Port Arthur,
Texas For The Sunken Court Roadway Reconstruction Project From
Twin City Highway To North Park Drive For Waterline Tie-Ins, Tree
Cutting, And Extension Of The Contract Time By 60 Calendar Days
Increasing The Original Contract Amount Of $2,320,775.27 By
$20,515.12 To The New Contract Amount Of $2,341,290.39.
Funding Is Available In The Capital Improvements Street Account
No. 307-1601-591.86-00. Project No. ST1P02
(8) P.R. No. 21410 - A Resolution Authorizing The City Manager To
Make A Payment To The Texas Commission On Environmental
Quality (TCEQ) For The Fiscal Year 2020 Second Quarter Landfill
Fee For Landfill Disposal With A Not To Exceed Amount Of
$30,360.37. Funding Is Available In Account No. 403-1274-533.59-
01, Public Works Department Landfill Division - Regulatory
Fees/Fines
(9) P.R. No. 21413 - A Resolution Authorizing The Purchase Of One (1)
Batwing Tractor From Kubota Tractor Corporation Of Grapevine,
Texas, For The Parks And Recreation Department, As A
Replacement Due To An Accident, Through Texas BuyBoard
Cooperative Purchasing In The Amount Of $49,803.43; Funding
Available In Account Number 625-1801-531.93-07
(10) P.R. No. 21414 — A Resolution Authorizing The City Manager To
Negotiate A Contract With Clark Condon Associates, Inc., Of
Houston, Texas, For The Design And Implementation Plan Of A
Wayfinding And Monument Signage Program For The City Of Port
Arthur
(11) P.R. No. 21415 — A Resolution Authorizing The City Manager To
Execute Settlement Of An Automobile Physical Damage Claim In
The Amount Of $9,980.43 Made Against Texas Municipal League
Intergovernmental Risk Pool (TML-IRP) As A Result Of The Property
Damage To Transit Vehicle #2286
4
AGENDA
May 26, 2020
VI. CONSENT AGENDA — CONTINUED
(12) P.R. No. 21416 — A Resolution Authorizing The City Manager To
Execute A Repayment In The Amount Of $72,500.00 To Texas
Municipal League Intergovernmental Risk Pool (TML-IRP) For
Montrose Pump Station Screens
(13) P.R. No. 21421 — A Resolution Awarding A Contract To Lark Group,
Inc. Of Warren, TX In The Amount Of $30,800.00, And Authorizing
The Execution Of A Contract For The Demolition Of Seven (7)
Dangerous Residential Properties With Transite (Group A-T), To Be
Charged To Account No. 001-1052-517.59-00 (General Fund —
Other Contractual Services)
(14) P.R. No. 21423 - A Resolution Authorizing The City Manager To
Enter Into An Interlocal Agreement Between The City Of Port
Arthur And Jefferson County Precinct 3 For Cutting The Grass At
The North And South Levee Roads In Pleasure Island For A
Budgetary Impact Of $16,879.70. Funding Is Available In The
Public Works Maintenance Account No. 001-1203-531.36-00
(15) P.R. No. 21424 - A Resolution Authorizing The City Manager To
Execute Change Order No. 1 And No. 2 To The Contract Between
The City Of Port Arthur And Elite Contractors And Equipment Of
Kirbyville, Texas For Willow Avenue From 60th Street To Maple
Avenue For Waterline Relocation, Straight Boring A Sanitary Sewer
Service And Piping The Large Ditches With 24" Pipes And Inlets By
Increasing The Term Of The Contract By 73 Calendar Days To A
New Completion Date Of August 27, 2020, And Increasing The
Original Contract Amount Of $603,503.00 By $92,6484.40 To The
New Contract Amount Of $696,187.40. Funding Is Available In The
Capital Improvements Street Account No. 307-1601-591.86-00.
Project No. ST1P05
(16) P.R. No. 21425 — A Resolution Approving A Professional Contract
Agreement Between The City Of Port Arthur And Riceland
Healthcare Systems To Provide COVID-19 Testing In Port Arthur.
Funds Available In The Health Department's Professional Services
In An Amount Not To Exceed $30,000.00 Account 001-1301-
541.54-00 And CDBG Account Number To Be Determined
5
AGENDA
May 26, 2020
VI. CONSENT AGENDA — CONTINUED
(17) P.R. No. 21426 — A Resolution To Amend The FY 2020 Contract
Between The City Of Port Arthur And The Health And Human
Services, Commission, WIC Division, Increasing The Funds For FY
2020, For A Total Not To Exceed $2,796,574.00. No City Match
Required
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT 1
1
A. Resolutions — Non-Consent
(1) P.R. No. 21392 — A Resolution Adopting Covenants And Restrictions
For The City Of Port Arthur Section 4A Economic Development
Corporation HWY 73 Business Park
(2) P.R. No. 21393 — A Resolution Approving A Lease Purchase
Agreement Between The City Of Port Arthur Section 4A Economic
Development Corporation And Meathead Trucking LLC., In The
Hwy 73 Business Park For 5.865 Acres At A Cost Of $900.00 Per
Month
i
(3) P.R. No. 21394 — A Resolution Approving An Economic
Development Conditional Grant Agreement Between The City Of
Port Arthur Section 4A Economic Development Corporation And 1
Mike's Enterprises, Inc. For Infrastructure Improvement In An c
Amount Not To Exceed $169,101.00; EDC Account No. 120-1429-
582.59-01
(4) P.R. No. 21419 - A Resolution Ratifying Emergency Repairs To The
Port Arthur News Building By SWS Environment Services (US
Ecology) In The Amount Of $10,982.22; Funding Available In EDC
Account No. 305-1606-591.82-00
(5) P.R. No. 21420 — A Resolution Appointing And/Or Reappointing A
Member Or Members To The Port Arthur Police Chief Advisory I
Committee (Requested By City Council) i
I
1
AGENDA
May 26, 2020
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
B. Ordinances — Non-Consent
(1) P. O. No. 6866 — An Ordinance Amending Chapter 38 (Fire
Prevention And Protection) Of The Code Of Ordinances Of The City
Of Port Arthur By Amending Article I (In General) Section 38-12.---
Permit And Inspection Fees, Adding Section 38-13.—Service Fees,
Adding Section 38-14.—Permits, And Adding Section 38-15 Open
Burning Presumption; Amending Article II (Standards), Section 38-
31.—Fire Code Adopted, By Adopting NFPA 96, 2017 Edition,
Published By The National Fire Protection Agency As Part Of
Previously Adopted "Fire Code"; Repealing All Ordinances Or Parts
Of Ordinances In Conflict Therewith; Providing A Penalty For
Violations By Fine Not Exceeding Two Thousand Dollars, As
Provided In Section 5 Of This Code Or As May Be Otherwise
Imposed By State Law; Providing A Savings Clause; And Providing
For Publication And An Effective Date Immediately After Publication
(2) P.O. No. 6868 - An Ordinance Extending The Declaration Of
Disaster Pursuant To §418.108(B) Of The Texas Government Code
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
1 Section 551.074 — Personnel
Section 551.076 — Security Personnel Or Devices
Section 551.087 — Deliberations Regarding Economic Development
Incentives
SII i
AGENDA
May 26, 2020
VIII. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED
Closed Meeting:
(1) 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
(2) Section 551.087 Government Code — To Discuss Incentives For
Commercial, Residential, And/Or Industrial Business Prospects
(3) 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 Highway 73 Business Park
(4) Section 551.071 Government Code — Attorney Consultation To
Provide Advice And Counsel In Connection With The City's Rights,
Duties, Privileges, And Obligations In Connection With Negotiations
With The Port Arthur Police Association and International Fire
Fighter Association Local 397
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 May 27, 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.