HomeMy WebLinkAboutJULY 21, 2020 REGULAR MEETING AGENDA THURMAN BILL BARTIE,MAYOR Eurg, �- RON BURTON
CHARLOTTE MOSES MAYOR PRO TEM City of coy
1 CITY MANAGER
COUNCIL MEMBERS:
I, \ I� SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. Yi CITI SECRETARY
CAL J.JONES urt r/h r
TRONAS J. KINLAII 111 VAL TILENO
II:V2OLD DOUCET,SR. T�_trl.c CITY ATTORNEY
1PRINA FRANK
AG E N DA
City Council
Regular Meeting
July 21, 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 July 21, 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: 832-0631-7021 And Participant ID: 952588:
(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.
ummommir
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
July 21, 2020
11:00 A.M.
PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES
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
y
II. PROCLAMATIONS
Proclamations
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Michael Pena Regarding Accountability For Pear Ridge Hall
B. Presentations
(1) A Presentation By AT&T Director Of External And Legislative Affairs,
Jonathon McClellan, Regarding Updating City Ordinance To Permit
Small Cell Nodes In City Right Of Way As Described In Texas Local
Government Code Chapter 284
(2) An Presentation By The City Manager Regarding Street Lights
(3) An Update By The City Manager Regarding The 2020 U. S. Census
1
AGENDA
July 21, 2020
III. PETITIONS & COMMUNICATIONS - CONTINUED
C. Employee Recognition — None
D. Correspondence — None
E. Discussion
(1) Discussion And Possible Action Regarding The Belinda Baca
Monument
IV. PUBLIC HEARINGS — 11:30 a.m.
(1-A) The Proposed Abandonment Of 0.4072-Acre Portion Of A Dedicated
Public Right-Of-Way, Known As Terminal Road, Port Arthur Heights
Addition (North Of West 19th Street And East Of State
Highway 82 (A.K.A. Dr. Martin Luther King, Jr. Drive)
(1-B) The Proposed Abandonment Of 2.042-Acre Portion Of A Dedicated
Public Right-Of-Way, Known As Terminal Road, An Extension Of
Public Road Shown On Plat As The Port Arthur Heights Addition
(South Of West 17th Street And East Of State Highway 82
(A.K.A. Dr. Martin Luther King, Jr. Drive))
(1-C) The Proposed Abandonment Of 4.878-Acre Portion Of A Dedicated
Public Right-Of-Way, Known As 25th Street And Being Part Of Block
4 And 5, Ranges "K" And "L", Port Arthur Land Company
Subdivision (North Of 19th Street Between Memorial
Boulevard And Savannah Avenue)
(2) The Proposed Abandonment Of 1.845-Acre Portion Of A Dedicated
Public Right-Of-Way, Known As 53rd Street And Being Part Blocks 8
& 9, Block 8, Range "G" Port Arthur Land Company Subdivision
(Property Located North Of State Highway 73 Between
Twin City Highway And KCS Railway). Purpose Of Request Is
To Abandon Right-Of-Way For Proposed Construction Of A Rail
Yard
2
AGENDA
July 21, 2020
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 — None
C. Minutes
June 9, 2020 Regular Meeting
June 23, 2020 Regular Meeting
June 30, 2020 Special Meeting
July 7, 2020 Special Executive Meeting
July 7, 2020 Regular Meeting
D. Resolutions
(1) P.R. No. 21325 — A Resolution Requesting That City Council Ratify
City Manager's Decision For The Emergency Repairs To The Lift
Station On West Port Arthur Road For Utilities Operations
Department By Shaver Construction & Contracting Services, LLC
DBA Silverback Services of Jasper, Texas With A Budgetary Impact
Of $171,160.00, Acct No. 405-1621-532.83-00, Sewer System
Maintenance
AGENDA
July 21, 2020
VI. CONSENT AGENDA — CONTINUED
(2) P.R. No. 21429 — A Resolution Authorizing The City Manager To
Execute Change Order No. 1 To The Contract Between The City Of
Port Arthur And McInnis Construction, Inc. Of Silsbee, Texas For
Phase II Repairs To The Department Club That Increases The
Contract Amount By $7,370.00 To A New Contract Amount Of
$231,370.00. Funds Available In Account 140-1405-551.59-00
Project M97910 (Hotel Occupancy Tax Funds.)
(3) P.R. No. 21454 — A Resolution Authorizing The City Manager To
Enter Into A Contract For The Purchase Of Sensus Meters For The
Water Utilities Operations Department With Aqua-Metric Sales
Company Of Selma, Texas In A Not To Exceed Amount Of
$280,000.00, Spanning Fiscal Year 2020 And Fiscal Year 2021.
Funds Are Available In Water Utilities Operations Account #410-
1253-532.35-00 (Water System Maintenance)
(4) P.R. No. 21462 — A Resolution Authorizing The City Manager To
Purchase An Uninterruptible Power Supply For The Police
Department's 9-1-1 Communications Center From Solid IT
Networks Through The BuyBoard Cooperative Purchasing Program
In Ther Amount Of $36,798.94, With Said Purchase To Be
Reimbursed By SETRPC 9-1-1 Network. Funding In The Police
Department Account No. 001-1101-521.72-00
(5) P.R. No. 21477 — A Resolution Pertaining To The Department Of
The Army License And The Sabine Neches Waterway Project, Port
Arthur Canal
(6) P.R. No. 21478 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim For Traffic Signal Damage At
Jimmy Johnson Blvd. And 9th Avenue In The Amount Of
$73,332.00 Made Against Texas Municipal League
Intergovernmental Risk Pool (TML-IRP)
4
AGENDA
July 21, 2020
VI. CONSENT AGENDA — CONTINUED
(7) P.R. No. 21483 — A Resolution Authorizing The City Manager To
Enter Into Community Development Block Grant — Coronavirus
(CDBG-CV) Agreements With The City Of Port Arthur Health
Department ($598,123.00), Catholic Charities ($50,000.00) And
Nutrition And Services For Seniors ($30,000.00) To Support Public
Service Activities That Prevent, Prepare For And Respond To The
Coronavirus. The Agreements Total $678,123.00 And Are Funded
With CDBG-CV From The Department Of Housing And Urban
Development
(8) P.R. No. 21485 — A Resolution Authorizing The City Manager To
Extend The Contract Expiration Date With Proterra, Inc. Of
Burlingame, California For The Purchase Of Six (6) Battery Electric
Vehicles And Charging Infrastructure For Port Arthur Transit, Until
January 31, 2021; Funds Available In Account 401-1509-561.93-00
(9) P.R. No. 21486 — A Resolution Authorizing The Purchase Of A 2021
Freightliner M2-106 SRA Trash Truck From Houston Freightliner Of
Houston, Texas, Through HGAC Contract No. HT06-20 For The
Public Works Solid Waste Trash Division, With A Projected
Budgetary Impact Of $188,126.86; Funds Are Available In The
Capital Reserve Equipment Replacement Public Works Solid Waste
Equipment — Account No. 625-1801-533.92-00
(10) P.R. No. 21487 — A Resolution Authorizing The City Manager To
Enter Into An Agreement For Independent Professional Services
Between The City Of Port Arthur And Laura Kay Emmert, A Medical
Laboratory Technologist, To Provide Contract Services For The
City's Laboratory, Account Number 001-1301-541.59-00, Other
Contractual Account Funds In The Amount Of $30,000.00 Were
Budgeted In The FY 2021 Budget
5
AGENDA
July 21, 2020
VI. CONSENT AGENDA — CONTINUED
(11) P.R. No. 21488 — A Resolution Authorizing The City Manager To
Enter Into A Contract Between The City Of Port Arthur And Steward
Medical Group For Williams D. George, MD To Continue To Act As
The City's Health Authority And Supervising Physician Of The
Employee Health Services Clinic. A Total Of $46,100.00 Was
Budgeted In The FY 2021 General Fund Professional Service
Account 001-1301-541.54-00 And Employee Health Professional
Service Account 001-1303-541.54-00
(12) P.R. No. 21489 — A Resolution Authorizing The City Manager To
Amend The Contract Between The City Of Port Arthur And Sigma
Engineering, Inc. Of Beaumont, Texas By Increasing The Contract
Amount By $747.50 For Reimbursable Expenses For The Design Of
A Splash Pad And Soccer Field At The Lakeview Pool Area For A
New Contract Amount Of $40,107.50. Capital Improvement Fund
Account Number 307-1601-591.95-00 Project Number PR-003
(13) P.R. No. 21490 — A Resolution Authorizing The City Manager To
Execute TML Settlement For Damages To Police Units 1893 And
1937 In The Amount Of $16,900.00 Made Against Texas Municipal
League Intergovernmental Risk Pool (TML-IRP)
(14) P.R. No. 21491 - A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim For Damages To Police Units
1998 And 2141 In The Amount Of $13,232.09 Made Against Texas
Municipal League Intergovernmental Risk Pool (TML-IRP)
(15) P.R. No. 21495 — A Resolution Authorizing The City Manager To
Execute A Commercial Refuse Disposal Contract Between The City
Of Port Arthur, Texas And 2S Roll Off Service LLC Of Beaumont,
Texas For The Purpose Of Disposing Of Refuse At The City's
Sanitary Landfill
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent — None
6
AGENDA
July 21, 2020
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
B. Ordinances — Non-Consent
(1) P. 0. No. 6840 - An Ordinance Amending The Code Of Ordinances
Section 86-113 (Residential Rubbish) By Adding A Fee Of $1.75 Per
Month For Residential Customers And Amending Section 86-114
(A)(1) (Commercial Refuse) By Adding A Fee For Extra Commercial
Refuse Pick-Up Based Upon Customer Requests, Adding Section 86-
114 (A)(9) By Adding A $100 Fee For Extra Commercial Containers
And Adjusting Fees For 2 Cy And 4 Cy Containers
(2) P.O. No. 6881 — An Ordinance Amending Ordinance No. 20-58 As It
Pertains To The Developer Participation Agreement Between The
City Of Port Arthur And H&P Engineering & Construction, Inc.
(3) P.O. No. 6886 — An Ordinance Extending The Declaration Of
Disaster Pursuant To §418.108(b) Of The Texas Government Code
(4) P. 0. No. 6884 - An Ordinance Providing For The Conduct Of A
Special Election On November 3, 2020, For The Adoption Of An
Additional Section 4A Type A (Economic Development Corporation)
Sales And Use Tax At The Rate Of One-Eighth (1/8) Of One Percent
For The Promotion And Development Of New And Expanded
Business Enterprises
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
AGENDA
July 21, 2020
VIII. *CLOSED MEETING (EXECUTIVE SESSION)
Section 551.087 – Deliberations Regarding Economic Development
Incentives
Closed Meeting:
(1) Section 551.071 Government Code — To Discuss With The City
Attorney Potential Litigation Regarding Potential Debts/Claims
Involving The City
(2) 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
(3) 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
(4) Section 551.072 Government Code — To Discuss Or Deliberate The
Purchase, Exchange, Lease, Or Value Of Real Property On The
Certain Of Land Located On The City's Westside
(5) Section 551.087 Government Code — To Discuss Incentives For
Commercial, Residential, And/Or Industrial Business Prospects
(USD Group, LLC)
(6) Section 551.074 Government Code - To Discuss The Duties And
Responsibility Of The Mayor (Requested By Councilmember Doucet)
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 July 22, 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.