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HomeMy WebLinkAboutNOVEMBER 10, 2020 REGULAR MEETING AGENDA THURMAN BILL BARTIE, MAYOR Energy RON BURTON CHARLOTTE MOSES,MAYOR PRO TEM City of o^ CITY MANAGER COUNCIL MEMBERS: #/ SHERRI BELLARD,TRMC RAYMOND SCOTT,.IR. CITY SECRETARY CAL J.JONES or 1 r t Ir u r THOMAS J.KINLAW III VAL TI7.ENO HAROLD DOUCET,SR. Tei`, CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting November 10, 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 November 10, 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: 871-5113-0804 And Passcode: 684546: (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 November 10, 2020 11:00 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartle 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) Mary Cheatam Regarding A Neighbor Complaint B. Presentations (1) Presentation By Staff Regarding The September Financial And Investment Report (2) Presentation By Staff Regarding Street Conditions Analysis C. Employee Recognition — None D. Correspondence — None E. Discussion — None AGENDA November 10, 2020 IV. PUBLIC HEARINGS — 11:30 A.M. — 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 — None C. Minutes — None D. Resolutions (1) P.R. No. 21432 — A Resolution Authorizing The City Manager To Accept The Fiscal Year 2020 State Homeland Security Grant Program (SHSP-LETPA) Funding With No Grant Match Requirement (2) P.R. No. 21456 — A Resolution Authorizing The City Manager To Enter Into An Agreement For Machine Shop Services Between The City Of Port Arthur And Jet Aeration Of Vidor, Texas For The Utilities Department For A One-Year Period, For Wastewater Operations In A Not-To-Exceed Amount Of $75,000.00. Funding Is Available In The Utilities Account Number 410-1256-532.42-00, Equipment Services 2 AGENDA November 10, 2020 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 21464 — A Resolution Authorizing The City Manager To Execute Amendment No. 01 To The Professional Architectural Contract With LaBiche Architectural Group Of Beaumont, Texas For Phase III Repairs And Maintenance Of The Department Club, Increasing The Original Contract Term By Twelve (12) Months And Increasing The Contract Amount By $ 38,600.00. Funds Available In Hotel Tax Account 140-1405-551.59-00, Project M97910 (Hotel Occupancy Tax Funds) (4) P.R. No. 21472 — A Resolution Authorizing The City Manager To Accept The Proposal Submitted By Binswanger Glass Of Beaumont, Texas For The Installation Of Five (5) New Exterior Doors At City Hall Under The Interlocal Purchasing System (TIPS) Cooperative Under Contract No. 190603 For The Amount Of $51,087.00. Funds Are Available In The Facilities Maintenance Buildings Account 001- 1206-531.32-00 • (5) P.R. No. 21520 — A Resolution Authorizing The City Manager To Purchase One Pierce Fire Apparatus For The Fire Department Via The Buyboard Cooperative Purchasing Program From Siddons- Martin Emergency Group Of Denton, Texas, With Offices In Port Arthur, Texas, In The Amount Of $849,756.00; Funding Available In Fire/Motor Vehicle Account Number 307-1601-591.92-00; Project CE0001 (6) P.R. No. 21521 — A Resolution Authorizing The Purchase Of One (1) 2021 Dodge Ram 1500 Crew Cab SSV Pickup Truck For The Fire Department Via The Texas Goodbuy Purchasing Program Contract From Silsbee Ford Of Silsbee, Texas, In The Amount Of $41,338.25; Funding Available In Account Number 625-1801- 522.93-00 AGENDA November 10, 2020 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 21554 — 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 8th Avenue Improvement Project From 32nd Street To The Dead-End For The Replacement Of A Sanitary Sewer Line, The Installation Of A Junction Box, And The Addition Of 61 Calendar Days For The Amount Of $61,970.00 Amending The Original Contract Amount From $904,485.50 To The New Contract Amount Of $966,455.50 And Amending The Completion Date To October 31, 2020. Funding Is Available In The Capital Improvements Street Account No. 307-1601-591.86-00. Project No. ST1P11 (8) P.R. No. 21556 — A Resolution Authorizing Acceptance Of Change Order No. 2, Decreasing The Original Contract Amount By $87,368.00 To The New Contract Amount Of $1,144,667.50 And Acceptance Of The Engineer's Certificate Of Completion, Contractor's Affidavit Of Payment Of Debts And Claims, Contractor's Certificate Of Guarantee For The Carolina Avenue Roadway Improvement Project, Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas; And Approval Of Final Payment To Greenscapes Six, LLC Of Baytown, Texas In The Amount Of $22,650.00 From The Capital Improvements Account No. 307-1601-591.86-00 (9) P.R. No. 21571 — A Resolution Requesting That City Council Ratify The City Manager's Decision For The Emergency Repairs To The Water Transmission Main On Savannah Avenue For Utilities Department By Jet Aeration Of Texas, LLC Of Vidor, Texas, With A Total Budgetary Impact Of $95,332.96, Acct No. 410-1253-532.35- 00, Water System Maintenance (10) P.R. No. 21636 — A Resolution Authorizing The Second Amendment To The 2020 Consolidated Annual Plan With The U.S. Department Of Housing And Urban Development For Additional Coronavirus Aid, Relief And Economic Security Act (Cares Act) Grant (CDBG-CV Grants) Funding In The Amount Of $369,690.00 4 AGENDA November 10, 2020 VI. CONSENT AGENDA — CONTINUED (11) P. R. No. 21637 — A Resolution Authorizing The City Manager To Execute A One-Year Contract, With The Option To Renew For One Additional Year, Between Southeast Texas Lawn & Maintenance Of Beaumont, Texas And The City Of Port Arthur For Grass Cutting Services For NSP And City Owned Properties With An Annual Budgeted Amount Not To Exceed $30,975.00. Funds Are Available In Housing Account Nos. 001-1053-517.59-00 And 105-1431- 552.59-00, Project No. C44119 (12) P.R. No. 21646 — A Resolution Updating And Affirming The Investment Policies Of The City Of Port Arthur For The 2020-2021 Fiscal Year (13) P.R. No. 21649 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 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 Term By Eight Days To A New Completion Date of November 18, 2020 At No Additional Cost (14) P.R. No. 21650 — A Resolution Authorizing The City Manager To Accept The Fiscal Year 2020 Law Enforcement Terrorism Prevention Activity Program (SHSP-LETPA) Funding With No Grant Match Requirement VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21379 — A Resolution Authorizing The Lease Of Office Space Located Within 501 Procter Street By The City Of Port Arthur Section 4A Economic Development Corporation To Fittz & Shipman, Inc. 5 AGENDA November 10, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 21406 — A Resolution Approving An Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Reel Noodle Bar, LLC For An Amount Of $138,700.00; Funds Available In EDC Account No. 120-1429-582.59-01 (3) P. R. No. 21630 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Master Job Order Contract With SETEX Facilities & Maintenance, LLC For Phase II Of The Renovation Of "The Press Building" (The Former Port Arthur News Building), Located At 549 4th Street, In An Amount Not To Exceed $1,600,000; Funding Available In EDC Account No. 307-1601-591-82-00 (4) P. R. No. 21631 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Professional Service Contract With Powers Brown Architecture Of Texas, LLC Of Houston, Texas In An Amount Not To Exceed $105,000.00 And The Reimbursable Expenses Not To Exceed $10,000.00 For Phase II Of The Addition And Renovation Of The Former Port Arthur News Building As A Center For Community And Business Development To Be Known As "The Press Building" At 549 4th Street; Funding Available In EDC Account No. 307-1601-591.82- 00 (5) P.R. No. 21654 — A Resolution Pertaining To The Terms Of Agreement Pursuant To Articles V, VI And VII, Section 1 Of The City Charter (6) P.R. No. 21658 — A Resolution Ratifying The Contract Entered Into Between The City Of Port Arthur Section 4A Economic Development Corporation And Sitek Omni Services, LLC For Selective Abatement Of Various Exterior Asbestos Containing Material As Needed To Facilitate Planned Renovations Of The Former Port Arthur News Building Located At 549 4th Street In Port Arthur, Texas For The Lump Sum Amount Of $46,400.00; Funds Available In EDC Account No. 305-1606-591.82-00 6 AGENDA November 10, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (7) P.R. No. 21659 — A Resolution Ratifying The Contract Entered Into Between The City Of Port Arthur Section 4A Economic Development Corporation And Total Safety For Consulting Services For Additional Asbestos Project For The Former Port Arthur News Building Located At 549 4th Street In Port Arthur, Texas For The Lump Sum Amount Of $9,290.00; Funds Available In EDC Account No. 305-1606- 591.82-00 B. Ordinances — Non-Consent (1) P.O. No. 6910 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (2) P.O. No. 6911 — An Ordinance Amending Ordinance No. 20-68 Pertaining To The Conduct Of The November 3, 2020 General Election In The City Of Port Arthur, Texas In Accordance With Chapter 271 Of The Texas Election Code (Requested By Mayor Bartie) 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 Section 551.087 — Deliberations Regarding Economic Development Incentives AGENDA November 10, 2020 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED 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 (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 551-074 Government Code — To Discuss The Duties And Responsibilities Of The City Secretary (4) Section 551-074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager (5) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Neches Industrial Services, LLC And SIP Services, Inc.) 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 November 11, 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 *************************************************** s 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.