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HomeMy WebLinkAbout(01) FEBRUARY 4, 2020 REGULAR MEETING REGULAR MEETING — February 4, 2020 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Frank gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, February 4, 2020 at 8:40 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman "Bill" Bartle; Mayor Pro Tem Harold Doucet, Sr.; Councilmembers Raymond Scott, Cal Jones, Thomas Kinlaw, III, Charlotte Moses and Kaprina Frank; City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. II. PROCLAMATIONS & MINUTES Proclamations - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Marley Mashill And Sarah Ricks Regarding Homeowner Preparedness Training And Flood Insurance Awareness Marley Mashill, Houston, Texas and Sarah Ricks, Beaumont, Texas, appeared before the City Council to discuss the above-mentioned topic. (2) Jacolby R. Scott Regarding School Safety Crosswalk Signs Jacolby Scott, Joe Lewis Drive, appeared before the City Council to discuss the above- mentioned topic. Deputy Police Chief Michael Fratus appeared before the City Council to answer inquiries regarding the above-mentioned topic. (3) Eric Linton Regarding Second Chance Employment For a Felon Not present. IV. PUBLIC HEARING(S) - 9:00 AM 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 The Mayor introduced the above-mentioned Public Hearing at 9:00 a.m. City Attorney Tizeno gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. The following people appeared before the City Council to speak: Attorney Melody Carrier, Port Arthur Independent School District Hilton Kelly Reverend Ellis Allen Patrick Plummer Reginald Trainer Deputy Police Chief appeared before the City Council to answer inquiries regarding the above-mentioned topic. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Jones and carried unanimously, the City Council closed the Public Hearing at 9:56 a.m. III. PETITIONS & COMMUNICATIONS B. Presentations - None C. Employee Recognition D. Correspondence E. Discussion (1) A Discussion Regarding The Port Arthur Business Enterprise (PABE) Criteria (Requested By Councilmember Doucet) Mayor and Council Secretary Christie Smith appeared before the City Council to answer inquiries regarding the above-mentioned topic. (2) A Discussion And Possible Action Regarding Briefing On February 5, 2020 (Requested By Mayor Bartie) The Mayor gave an overview of the above-mentioned request. Upon the motion of Mayor Pro Tern Doucet, seconded by Councilmember Moses and carried, to provide lunch for attendee of the February 5, 2020 Briefing. Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott, Jones, Kinlaw, Moses and Frank. Voting No: None. V. RECESS Recess To Attend The Unveiling Of The Census 2020 Advertisement On The City Transit Buses The City Council recessed their meeting at 10:12 a.m. and reconvened their meeting at 10:37 a.m. with the following members present: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott, Jones, Kinlaw, Moses and Frank; City Manager Burton; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Duriso. VI. CONSENT AGENDA Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, the following Consent Agenda items were adopted with the exception Proposed Resolution No. 21257: Voting Yes: Mayor Bartle; Mayor Pro Tern Doucet; Councilmembers Scott, Jones, Kinlaw, Moses and Frank. City Council Minutes Regular Meeting — February 4, 2020 2 Voting No: None. A. Travel Request — None 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 Proposed Resolution No. 21201 was adopted becoming Resolution No. 20-028. (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) Proposed Resolution No. 21233 was adopted becoming Resolution No. 20-029. (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) Proposed Resolution No. 21234 was adopted becoming Resolution No. 20-030. (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 Proposed Resolution No. 21235 was adopted becoming Resolution No. 20-031. (5) P.R. No. 21253 — A Resolution Authorizing Supplemental Repairs For The Recreation/Senior Center Roof By SpawGlass Construction Corp Of Beaumont, Texas Through City Council Minutes Regular Meeting — February 4, 2020 3 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 Proposed Resolution No. 21253 was adopted becoming Resolution No. 20-032. (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 Proposed Resolution No. 21265 was adopted becoming Resolution No. 20-033. (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 Proposed Resolution No. 21268 was adopted becoming Resolution No. 20-034. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - Resolutions (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) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Doucet and seconded by Councilmember Frank that Proposed Resolution No. 21257 be adopted. The motion was made by Mayor Pro Tern Doucet and seconded by Councilmember Frank and carried, that Proposed Resolution No. 21257 be amended to read Synergy instead of Casco Industries. The above-mentioned amendment carried. Voting Yes: Mayor Bartie; Mayor Pro Tem Doucet; Councilmembers Scott, Jones, Kinlaw, Moses and Frank. Voting No: None. Proposed Resolution No. 21257 was adopted, as amended, becoming Resolution No. 20-035. The caption of Resolution No. 20-035 reads as follows: RESOLUTION NO. 20-035 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 City Council Minutes Regular Meeting — February 4, 2020 4 RESULT OF THE FLOOD DAMAGES TO MOBILE EQUIPMENT AT FIRE STATION #6 DUE TO HURRICANE HARVEY (AUGUST 30, 2017) A. Resolutions (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. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 21239 was adopted becoming Resolution No. 20-036. Voting Yes: Mayor Bartie; Mayor Pro Tem Doucet; Councilmembers Scott, Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 20-036 reads as follows: RESOLUTION NO. 20-036 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 W16-5 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 21240 was adopted becoming Resolution No. 20-037. Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott, Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 20-037 reads as follows: RESOLUTION NO. 20-037 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 City Council Minutes Regular Meeting — February 4, 2020 5 ECONOMIC DEVELOPMENT CORPORATION IN THE AMOUNT OF $35,902.80; FUNDING AVAILABLE IN PAEDC ACCOUNT NO. 120-1429- 582.92-00 (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") The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 21266 was adopted becoming Resolution No. 20-038. Voting Yes: Mayor Bartle; Mayor Pro Tern Doucet; Councilmembers Scott, Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 20-038 reads as follows: RESOLUTION NO. 20-038 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) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Scott and seconded by Councilmember Kinlaw that Proposed Resolution No. 21270 be adopted. Joseph Stevens appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartle; Mayor Pro Tern Doucet; Councilmembers Scott, Jones, Kinlaw, Moses and Frank. Voting No: None. Proposed Resolution No. 21270 was adopted becoming Resolution No. 20-039. The caption of Resolution No. 20-039 reads as follows: City Council Minutes Regular Meeting — February 4, 2020 6 RESOLUTION NO. 20-039 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 Available In EDC Account No. 120-1429-582.59-07 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 21272 was adopted becoming Resolution No. 20-040. Voting Yes: Mayor Bartle; Mayor Pro Tem Doucet; Councilmembers Scott, Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 20-040 reads as follows: RESOLUTION NO. 20-040 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 AVAILABLE IN EDC ACCOUNT NO. 120-1429-582.59-07 A. Ordinances (1) P. O. 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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Mayor Pro Tem Doucet, seconded by Councilmember Jones and carried, Proposed Ordinance No. 6814 was tabled to the February 12, 2020 Regular Meeting. Voting Yes: Mayor Bartle; Mayor Pro Tem Doucet; Councilmembers Scott, Jones, Kinlaw, Moses and Frank. Voting No: None. City Council Minutes Regular Meeting — February 4, 2020 7 (2) P. O. 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 The Mayo- introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Jones, seconded by Councilmember Frank and carried, proposed Ordinance No. 6817 was adopted becoming Ordinance No. 20-06. Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott, Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Ordinance No. 20-06 reads as follows: ORDINANCE NO. 20-06 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. O. 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 The Mayor inroduced the above-mentioned Proposed Ordinance. Upon the mcion of Councilmember Frank, seconded by Councilmember Moses and carried, PropGed Ordinance No. 6818 was adopted becoming Ordinance No. 20-07. Voting Yes: layor Bartle; Mayor Pro Tern Doucet; Councilmembers Scott, Jones, linlaw, Moses and Frank. Voting No: Ione. The caption of)rdinance No. 20-07 reads as follows: ORDINANCE NO. 20-07 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 City Council Minute!, Regular Meeting - Febary 4, 2020 8 (4) P. O. 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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Ordinance No. 6820 was adopted becoming Ordinance No. 20-08. Voting Yes: Mayor Bartie; Mayor Pro Tem Doucet; Councilmembers Scott, Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Ordinance No. 20-08 reads as follows: ORDINANCE NO. 20-08 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 VIII. *CLOSED MEETING (EXECUTIVE MEETING) Upon the motion of Councilmember Moses, seconded by Councilmember Jones and carried unanimously, the City Council recessed their meeting to meet in Executive Session. 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 (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 City Council Minutes Regular Meeting — February 4, 2020 9 (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/ET] (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 The City Council recessed their meeting at 10:53 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 12:07 p.m. with the following members present: Mayor Bartie; Mayor Pro Tem Doucet; Councilmembers Scott, Jones, Moses and Frank; City Manager Burton; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Duriso. MOTION IN OPEN SESSION The City Attorney read the following motion into the record: A Motion To Authorize The Sale Of City Owned Property Located In The Thomas F. Mckinney League, Abstract 41, Jefferson County, Texas, By A Licensed Real Estate Broker As Set Forth In Section 253.014 Of The Texas Local Government Code. The City Manager Is Further Authorized To Execute Such A Contract With A Licensed Broker. Final Approval Of The Sale Will Be Approved By The City Council. Upon the motion of Mayor Pro Tern Doucet, seconded by Councilmember Frank and carried, the above-mentioned motion was adopted. Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott, Jones, Moses and Frank. Voting No: None. City Council Minutes Regular Meeting — February 4, 2020 10 The City Attorney read the following motion into the record: A Motion Authorizing The City Manager And City Attorney To Facilitate The Purchase Of Real Property Located At 630/635 Savannah Avenue And 1200 Rev. Ransom Howard Street, In The Amount Of $16,000.00 And Execute All Documents Necessary For Said Purchase. Upon the motion of Mayor Pro Tern Doucet, seconded by Councilmember Jones and carried, the above-mentioned motion was adopted. Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott, Jones, Moses and Frank. Voting No: None. IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Jones, seconded by Councilmember Scott and carried unanimously, the City Council adjourned their meeting at 12:17 p.m. An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR THURMAN "BILL" BARTIE ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD February 4, 2020. APPROVED: . City Council Minutes Regular Meeting — February 4, 2020 11