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HomeMy WebLinkAboutSEPTEMBER 8, 2020 SPECIAL MEETING THURMAN BILL BARTIE,MAYOR E,u,g,. -J RON BURTON CHARLOTTE MOSES,MAYOR PRO TEM City of ctn )4CITY MANAGER COUNCIL MEMBERS: I� SHERRI BELLARD,TRMC RAYMOND SCOT'"1..112. — CITY SECRETARI CAL J.JONES or! t't{t « r THOMAS J.KINLAW III VAL TREND HAROLD DOUCET,SR. ` CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting September 8, 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 Special Meeting Scheduled At 11:00 A.M. On September 8, 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: 831-1267-3160 And Participant ID: 191648: (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 Special Meeting City Hall Council Chamber City Of Port Arthur September 8, 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 II. PUBLIC HEARING & REQUIRED LEGAL ACTION (1) To Receive And Consider Public Comment(s) For All Interested Citizens With Regard To The City Of Port Arthur's Proposed Tax Rate For The 2020 Tax Year A Tax Rate Of 0.792000 Per $100 Valuation Has Been Proposed By The Governing Body Of City Of Port Arthur PROPOSED TAX RATE $0.792000 per $100 NO-NEW REVENUE TAX RATE $0.781411 per $100 VOTER-APPROVAL TAX RATE $0.814427 per $100 The No-New-Revenue Tax Rate Is The Tax Rate For The 2020 Tax Year That Will Raise The Same Amount Of Property Tax Revenue For City Of Port Arthur From The Same Properties In Both The 2019 Tax Year And The 2020 Tax Year The Voter-Approval Tax Rate Is The Highest Tax Rate That City Of Port Arthur May Adopt Without Holding An Election To Seek Voter Approval Of The Rate AGENDA September 8, 2020 II. PUBLIC HEARING & REQUIRED LEGAL ACTION — CONTINUED The Proposed Tax Rate Is Greater Than The No-New-Revenue Tax Rate. This Means That City Of Port Arthur Is Proposing To Increase Property Taxes For The 2020 Tax Year. The Public Will Also Be Able To View The Public Hearing Via The City's Website At www.portarthurtx.gov (2) To Consider Taking Action On The Adoption Of The City Of Port Arthur's Proposed Ad Valorem Tax Rate For The 2020 Tax Year III. 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 — None D. Resolutions (1) P.R. No. 21481 — A Resolution Authorizing The Director Of Water Utilities To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals, With An Estimated Combined Budgetary Impact Of $1,645,000.00. Funding Available In Water Utilities Account Nos. 410-1252-532.29-02, $1,510,000.00, (Water Treatment Chemicals) And 410-1256-532.29-02, $135,000.00 (Wastewater Treatment Chemicals) AGENDA September 8, 2020 III. CONSENT AGENDA — CONTINUED (2) P.R. No. 21523 — A Resolution Authorizing The City Manager To Release The Retainage To SpawGlass Construction Corp., Of Beaumont, Texas For Roof Repairs At The Recreation/Senior Center In The Amount Of $7,508.00; Funding Available In Capital Improvement Fund Account No. 307-1601-591.95-00 Project No. PR-001 (3) P.R. No. 21533 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction (4) P.R. No. 21545 — A Resolution Approving The FY 2021 Contract Between The City Of Port Arthur And The Department Of Health And Human Services Primary Health Care Program, For The Amount Not To Exceed $311,500.00, Of Which $62,300.00 Is Allocated Toward The Contract Period September 1, 2020 Through August 31, 2021. No Cash Match Required (5) P.R. No. 21549 — A Resolution Authorizing The City Manager To Execute Amendment Number 6 To The Neighborhood Stabilization Program 1 (NSP1) Agreement Extending The Contract Expiration Date From August 31, 2020 To August 31, 2021 And Amendment Number 7 To The Neighborhood Stabilization Program 1 Program Income, (NSP1-PI) Reservation System Participation Agreement To Provide For The Continuation Of Reimbursements Of Eligible Expenses And Closing On Remaining Land Bank Properties Under The Existing Neighborhood Stabilization Program 1 Contract (6) P.R. No. 21552 — A Resolution Authorizing The Purchase Of A Brush Chipper From Vermeer Texas-Louisiana Of Cypress, Texas, For The Parks And Recreation Department Through Texas Buyboard Cooperative Purchasing Contract Number 597-19, In The Amount Of $39,959.70; Funding Available In Account No. 001-1207-531.92- 00 AGENDA September 8, 2020 IV. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent — None B. Ordinances — Non-Consent (1) P.O. No. 6895 — An Ordinance Authorizing The Sale Of Commercial Property Located At 449 Austin Avenue (Known As The City Of Port Arthur Health Department Building And Adjacent Parking Tracts) To Aurora Capital Holdings, LLC, Contingent Upon The Approval And Execution Of Additional Required Legal Documents V. BUDGET WORKSHOP VI. *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 Section 551.087 — Deliberations Regarding Economic Development Incentives Closed Meeting: (1) 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 , AGENDA September 8, 2020 VI. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (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 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In The City's Industrial District/ETJ (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property On Certain Land Located In The Downtown Area (5) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects [US Development Group, LLC or (USD) and Port Arthur Terminal, LLC or (PAT)] (6) Section 551.074 Government Code — To Discuss The Duties and Responsibilities of the City Secretary *The Items In Executive Session May Be Discussed And Acted On In Open Session VII. 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 September 9, 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 Item& 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.