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HomeMy WebLinkAboutAUGUST 4, 2020 REGULAR MEETING AGENDA 5:30 PM THURMAN BILL BARTIE,MAYORE„ere,• ,.,elg RON BURTON _ CHARLOTTE MOSES MAYOR PRO TEM City of on ` CITY MANAGER COUNCIL MEMBERS: Il SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITYSECRETARY CAL J.JONES ort r t h u r THOMAS J. KINLAW III Texas VAL TREND HAROLD DOUCET,SR. CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting August 4, 2020 5 :30 PM 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 August 4, 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: 854-4681-0032 And Participant ID: 284600: (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 August 4, 2020 5:30 PM 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 Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Michael Pena Regarding Pear Ridge Hall B. Presentations (1) Presentation By Staff Regarding The June Financial Report C. Employee Recognition — None D. Correspondence — None AGENDA August 4, 2020 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion (1) Discussion And Possible Action As It Pertains To Councilmember Terms On The 2020 Election (Requested By Councilmember Doucet) (2) Discussion And Possible Action As It Pertains To City Hall Operations (Requested By Councilmember Doucet) IV. PUBLIC HEARINGS — 6:00 P.M. V. UNFINISHED BUSINESS (1) P.O. 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 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 Thurman Bartie: NLC Constituency Group Virtual Summit August 13-14, 2020 Registration Fee: $25.00 _I I ui iunili1111111111/ AGENDA August 4, 2020 VI. CONSENT AGENDA — CONTINUED B. Expense Reports — None C. Minutes — None D. Resolutions (1) P.R. No. 21437 - A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Aquafit Chlorination Systems, LLC Of El Campo, Texas, On Behalf Of The Water Utilities Department, For The Water Distribution, Wastewater Conveyance And Wastewater Treatment Divisions, For The Purchase Of Calcium Hypochlorite, For A Projected Budgetary Impact Of $30,000.00. Funds Are Available In Accounts 410-1253- 532.29-02, 410-1255-532.29-02 And 410-1256-532.29-02 (Treatment Chemicals) (2) P.R. No. 21455 — A Resolution Authorizing The City Manager To Enter Into A Contract For The Purchase Of Sodium Chlorite For Two Years For The Utilities Department With Evoqua Water Technologies Of Sarasota, Florida, With An Annual Projected Budgetary Impact Of $352,200.00. Funding Is Available In Account No. 410-1252-532.29-02 (Treatment Chemicals) (3) P.R. No. 21473 — A Resolution Authorizing The City Manager To Enter Into A Contract With Proterra, Inc., Of Burlingame, California To Purchase Four (4) Battery Electric Vehicles And Charging Infrastructure For Port Arthur Transit, In The Amount Of $3,239,600.00; Funds Available In Account 401-1509-561.93-00 (4) P.R. No. 21479 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Elite Contractors & Equipment, LTD Of Kirbyville, Texas For The 60th Street Improvement Project From West Port Arthur Road To Canal Street That Adds 30 Calendar Days To The Original Contract Completion Date Of July 21, 2020 Changing It To The New Contract Completion Date Of August 20, 2020. There Is No Budgetary Impact To The Capital Improvements Street Account No. 307-1601-591.86-00. Project No. ST1P10 3 AGENDA August 4, 2020 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 21480 — A Resolution Authorizing The City Manager To Execute The Second Year (First Renewal) Of The Janitorial Services Contract For The Utility Service Center With Acire Enterprise, LLC Of Beaumont, Texas With An Annual Projected Budgetary Impact Of $20,800.00, Funding Is Available In Account No. 410-1253- 532.59-00, Other Contractual Services (6) P.R. No. 21482 — A Resolution Authorizing The City Manager To Execute The Second Year (First Renewal) Of The Contract With Core & Main Of Beaumont, Texas, For The Purchase Of Repair Clamps For The Utility Operations Department, With An Annual Projected Budgetary Impact Of $204,473.78. Funding Is Available In Account Nos. 410-1253-532.35-00 (Water System), & 410-1255- 532.33-00, (Sanitary Sewer System) (7) P.R. No. 21484 — A Resolution Terminating The Contract With Maguire Iron, Inc., Of Sioux Falls, South Dakota For The Construction Phase Services Of The West Port Arthur Road (HWY 73/SPUR 93) Elevated Storage Tank, And Awarding The Contract To A&M Construction & Utilities, Inc. Of Rowlett, Texas With A Projected Budgetary Impact Of $635,800.00 To Account Number 405-1621-532.85-00, Water System (8) P.R. No. 21493 — A Resolution Recognizing Businesses, Companies, And Individuals For In-Kind Donations Made To The Port Arthur Police Department During The Covid-19 Pandemic (9) P.R. No. 21496 — A Resolution Authorizing The Payment To Computer Information Systems, Inc. Of Skokie, Illinois For The Annual License Renewal Fee For Maintenance Of The Police And Fire Department Computer Aided Dispatch, Record Management System And MCS/AVL Server, In The Amount Of $55,719.38; Funding Available In Account No. 001-1101-521.72-00 (10) P.R. No. 21497 — A Resolution Authorizing The Acceptance Of An Unsolicited Grant/ Donation From The Concerned Citizens Of Griffing Park (CCOGP), In The Amount Of $500.00 For The Purchase Of A Vuze VR 3-D Imaging Camera 4 AGENDA August 4, 2020 VI. CONSENT AGENDA — CONTINUED (11) P.R. No. 21498 — A Resolution Authorizing The Purchase Of One (1) Pickup Truck For The Fire Department Via The Texas GoodBuy Purchasing Program Contract From Silsbee Ford Of Silsbee, Texas, In The Amount Of $40,738.25; Funding Available In Account Number 625-1801-517.93-00 (12) P.R. No. 21499 — A Resolution Authorizing The Fire Department To Contract With Farrwest Environmental Supply LLC Of Schertz, Texas To Lease, Calibrate And Maintain Fire Department Hazardous Materials Monitoring And Detection Equipment And Entry Suits, Through BuyBoard Cooperative Purchase Contract #EP11-17 In The Amount Of $63,897.30; Funding Available In Account Number 001-1121-522.42-00 (13) P.R. No. 21500 — A Resolution Authorizing The City Manager To Enter Into A One Year Contract With Silsbee Ford of Silsbee, Texas For The Upfitting Of Police Vehicles With A Projected Budgetary Impact Of $135,992.44; Funds Available In Account 625-1801- 521.93-00 (14) P.R. No. 21501 — A Resolution Authorizing The City Manager To Enter Into An Inter-Local Agreement Between Jefferson County, The City Of Beaumont And The City Of Port Arthur For The 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) And Receive Funding In The Amount Of $24,981.00, No Cash Match Requirement (15) P.R. No. 21502 — A Resolution Authorizing The City Manager To Enter Into An Agreement With SpawGlass Building Services Of Beaumont, Texas Through BuyBoard Cooperative Contract No. 520 - 16 EZ 1QC For Roof And Insulation Repairs At The Old Armory In The Amount Of $199,364.18. Funds Available In Account 001- 1003-512-59-00 M12003 Armory Bldg. (16) P.R. No. 21503 — A Resolution Rescinding Resolution No. 19-415 In Its Entirety, Which Authorized The Acceptance Of A Donation Of A Monument To The City Of Port Arthur From The Port Acres Public Action Group AGENDA August 4, 2020 VI. CONSENT AGENDA — CONTINUED (17) P.R. No. 21504 — A Resolution Authorizing The Purchase Of An Outdoor Fitness System For Rose Hill Park From Gametime Of Cypress, Texas Through Texas BuyBoard Cooperative Purchasing Contract No. 592-19 In The Amount Of $39,938.06; Funding Available Account Number 001-1207-531.92-00 (18) P.R. No. 21506 — A Resolution Authorizing The City Manager To Enter Into A Contract With Shaver Construction D/B/A Silverback Services Of Jasper, Texas In The Amount Of $26,755.00 For Rerouting Of The Centrate Line At The Water Treatment Plant, Account No. 410-1252-532.42-00, Equipment Maintenance (19) P.R. No. 21507 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Fixed Price Contracts Between The City Of Port Arthur And Tender Loving Care Center For Children (TLCCC) DBA Legacy Community Development Corporation (Legacy CDC) To Adjust/Decrease The Costs And Change The House Plans For Two (2) Houses Located At 1021 Rev. Ransom Howard Street And 1047 Rev. Ransom Howard Street In The Downtown Targeted Area (20) P.R. No. 21512 — A Resolution Calling A Public Hearing Pursuant To Chapter 26 Of The Texas Wildlife Code For The Sale Of Various Park Land VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21348 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1111 6th Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program 6 AGENDA August 4, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED (2) P.R. No. 21494 — A Resolution Awarding Authorizing The City Manager To Enter Into A Contract With Perry Construction Of Cypress, Texas For The Installation Of A Permanent Scale At The City Of Port Arthur Municipal Landfill For The Amount Of $267,125.00. Approval Is Contingent On A Funding Source (3) P.R. No. 21509 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (4) P.R. No. 21511 — A Resolution Of The City Port Arthur, Texas Designating The Officer Or Employee Responsible For Complying With Section 26.04 Of The Texas Tax Code B. Ordinances — Non-Consent (1) P.O. No. 6871 — An Ordinance Authorizing The Execution Of A Special Warranty Deed To Joan Marie Stinehart, As It Pertains To The Property Located At 580 Pleasure Pier Boulevard; Also Known As Unit 102, Building "A", Phase I, Pleasure Island Sea Cabins (2) P.O. No. 6882 — An Ordinance Providing For The Conduct Of A General Election On November 3, 2020, For The Purpose Of Electing Six (6) Councilmembers, In The City Of Port Arthur, Texas; In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice Una Ordenanza Que Proporciona La Realizacion De Una Eleccion General El 3 De Noviembre De 2020, Para El Proposito De Elegir A Seis (6) Consejeros, En La Ciudad De Port Arthur, Texas; De Acuerdo Con El Capitulo 271 Del Codigo De Eleccion De Texas, Y Con Disposicion Para La Publicacion Del Aviso De Eleccion 7 AGENDA August 4, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6883 — An Ordinance Providing For The Conduct Of A Special Election On November 3, 2020 To Submit Propositions To The Voters As To The Following: (A) Proposed Amendments To The City Charter; (B) Consideration Of The Sale Of Various City Parks In The City Of Port Arthur; And (C) Consideration Of 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 (As Set Forth In Ordinance No. 20- 65), Texas; In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice Una Ordenanza Que Preve La Realizacion De Una Eleccion Especial El 3 De Noviembre De 2020 Para Presentar Propuestas A Los Votantes En Cuanto A Lo Siguiente: (A) Enmiendas Propuestas A La Carta De La Ciudad; (B) Consideracion De La Venta De Varios Parques De La Ciudad En La Ciudad De Port Arthur; Y (C) Consideracion De La Adopcion De Un Impuesto Adicional Sobre Las Ventas Y El Uso De La Seccion 4A Tipo A (Corporacion De Desarrollo Economico) A Una Tasa De Un Octavo (1/8) Del Uno Por Ciento Para La Promocion Y Desarrollo De Empresas Comerciales Nuevas Y Ampliadas (Como Se Establece En La Ordenanza N° 20-65), Texas; De Acuerdo Con El Capitulo 271 Del Codigo Electoral De Texas, Y Que Preve La Publicacion De La Notificacion Electoral (4) P.O. No. 6887 — An Ordinance Authorizing A Joint Election Agreement Between The City Of Port Arthur And Jefferson County Pertaining To The Conduct Of The November 3, 2020 General Election For The Purpose Of Election Six (6) Councilmembers, In The City Of Port Arthur, Texas Una Ordenanza Que Autoriza Un Acuerdo Conjunto De Eleccion Entre La Ciudad De Port Arthur Y El Condado De Jefferson, De Acuerdo Con La Conducta De Las Elecciones Generales Y Especiales Del 3 De Noviembre De 2020 8 AGENDA August 4, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (5) P.O. No. 6888 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (6) P.O. No. 6889 — An Ordinance Of The City Of Port Arthur, Texas, Closing, Vacating, Abandoning, And Conveying A 1.845-Acre Portion Of A Dedicated Public Right-Of-Way, Known As 53rd Street, Port Arthur Land Company Subdivision, Port Arthur, Jefferson County, Texas; Authorizing The City Manager To Execute A Deed Without Warranty; Providing That This Ordinance Shall Be Cumulative; Repealing All Ordinances To The Extent They Are In Conflict; Providing For Severability; And Declaring An Effective Date (7) P.O. No. 6890 — An Ordinance Of The City Of Port Arthur, Texas Closing, Vacating, Abandoning, And Conveying A 0.4072-Acre Portion Of A Dedicated Public Right-Of-Way, Known As Terminal Road, Port Arthur Heights Addition, Port Arthur, Jefferson County, Texas; Authorizing The City Manager To Execute A Deed Without Warranty; Providing That This Ordinance Shall Be Cumulative; Repealing All Ordinances To The Extent They Are In Conflict; Providing For Severability; And Declaring An Effective Date 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 August 5, 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 *************************************************** 9 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.