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HomeMy WebLinkAboutNOVEMBER 24, 2020 REGULAR MEETING AGENDA 5:30 PM THURMAN BILL BARTIE,MAYOR ` RON BURTON ...111111 CHARLOTTE MOSES MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY" CAL J.JONES n r l r t h u r THOMAS J. KINLAW III VAL TREND KENNETH MARKS l� i`r� CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting November 24, 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 November 24, 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: 820-4040-9177 And Passcode: 752618 (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 4 City Hall Council Chamber City Of Port Arthur November 24, 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 Marks 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 — None B. Presentations (1) A Presentation By Attorney Karen Kennard Of Greenberg Traurig, LLP Regarding An Update For The Upcoming Texas Legislative Session C. Employee Recognition The City Of Port Arthur, Water Department Has Received The Water Fluoridation Quality Award D. Correspondence — None AGENDA November 24, 2020 III. PETITIONS & COMMUNICATIONS E. Discussion (1) A Discussion With Staff Regarding Status Of Street Project On Sunken Court And 8th Avenue (Requested By Councilmember Kinlaw) (2) To Discuss And Possibly Take Action On Establishing A Committee To Review And Update City Ordinances Pertaining To Code Enforcement (Requested By Mayor Pro Tern Moses) IV. PUBLIC HEARINGS — 6:00 P.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. 21505 —A Resolution Authorizing The City Manager To Enter Into An Agreement For Construction Services Between The City Of Port Arthur And Jet Aeration, LLC Of Vidor, Texas, For The Water Utilities Department, For A One-Year Period, For Utilities Operations Support In A Projected Budgetary Amount Of $75,000.00. Funding Is Available In Utilities Account Number 410-1253-532.35-00, Water System Maintenance AGENDA November 24, 2020 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 21550 — A Resolution Authorizing The City Manager To Execute A Contact With Diamond Shine Building Services Of Port Arthur, Texas For Janitorial Services For City Hall And Annex With A Six-Month Budgetary Impact Of $48,000.00; Funds Available In Facility Maintenance/Other Contractual Services Account No. 001- 1206-531.59-00 (3) P.R. No. 21622 — A Resolution Authorizing The City Manager To Execute An Agreement Ranging From November 2020 To August 2021, With SCS Engineers Of Bedford, Texas For Groundwater Monitoring, Landfill Gas Monitoring, And Air Compliance Services At The City Landfill For A Total Cost Of $76,250.00. Funds Are Available In Public Works Department Landfill Division — Professional Services Account Number, 403-1274-533.54-00 (4) P.R. No. 21652 — A Resolution Authorizing The Replacement Of A Filter Control System With Champion Technology Services Of Port Arthur, Texas Due To An Aging Control System At The Water Purification Plant In The Amount Of$57,483.00; Funding Is Available In Water Utilities Account No. 410-1252-532.92-00, Equipment (5) P.R. No. 21653 —A Resolution Authorizing The City Manager To Enter Into A Contract With United Rental (North America), Inc. DBA Reliable Onsite Of Humble, Texas For The Rental Of Regular Toilets, Wheelchair Accessible Toilets, ADA Accessible Toilets And Portable Toilets With Hand Washing Station With A Projected Budgetary Amount Of $60,000.00 Annually, For The Parks And Recreation Department. Funding Available In Parks And Recreation Account Number 001-1207-531.51-00 (6) P.R. No. 21656 — A Resolution Awarding Contract And Authorizing The City Manager To Execute A Contract With Arceneaux, Wilson & Cole, LLC Of Port Arthur, Texas With A Projected Budgetary Impact Of $104,655.00 For The Replacement Of El Vista Sewer Force Main; Funding Is Available In Utilities Account No. 405-1621-532.83-00, Sewer System AGENDA November 24, 2020 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 21657 — A Resolution Authorizing The City Manager To Purchase The Library's Books, Audio Books, And Processing Services For The These Items From Ingram Library Services, LLC Of Lavergne, Tennessee Through The Texas SmartBuy Contract No. 715-M2. These Purchases From Ingram Library Services, LLC Are Not To Exceed $90,000.00; Funds Are Available In Account No. 001-1403- 551.47-01 (8) P.R. No. 21660 — A Resolution Authorizing The Third Year (Second And Final Renewal) Of The Contract With Diamond Shine Building Service, For Janitorial Services For The Health Department In The Not To Exceed Amount Of $68,475.00 Annually; Funds Budgeted In The FY 21 Other Contractual Account No. 001-1301-541.59-00 (9) P.R. No. 21666 — A Resolution Authorizing The Purchase Of Two (2) 2021 Freightliner M2-106 TRA Dump Trucks From Houston Freightliner Of Houston, Texas, Under H-GAC Contract No. HT06-20, In The Amount Of $207,238.00. Funding Available In The Capital Reserve Fund — Equipment Replacement — Public Works — Drainage, Account No. 625-1801-531.92-04 (10) P.R. No. 21667 — A Resolution Authorizing The Purchase Of Two (2) 2021 Freightliner M2-106 TRA Dump Trucks From Houston Freightliner Of Houston, Texas, Under H-GAC Contract No. HT06-20, In The Amount Of $207,238.00. Funding Available In The Capital Reserve Fund — Equipment Replacement — Public Works — Streets, Account No. 625-1801-531.93-03 (11) P.R. No. 21668 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction i (12) P.R. No. 21669 — A Resolution Authorizing The City Manager To Execute A Contract With Impact Plastics Of Elgin, IL For Materials For City Dumpsters With A Projected Budgetary Impact Not To Exceed $116,202.60 This Fiscal Year. Funding Is Available In The Public Works — Solid Waste Commercial — Professional Services, Account No. 403-1273-533.59-00 4 AGENDA November 24, 2020 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 21671 — A Resolution Calling For A Public Hearing To Consider Amending Chapter 94, Article VII, Section 94-452(3) Of The City Of Port Arthur Code Of Ordinances (14) P.R. No. 21672 — A Resolution Calling For A Public Hearing To Consider Granting A Zoning Change From Industrial To Planned Development District — 40 For Approximately 58.83-Acres Of Land (Called 58.82), Part Of Lots 1, 2, 3 And 8, Block 14, Range "L" And Part Of Lots 4 And 5, Block 14, Range"K", Port Arthur Land Company Subdivision, Port Arthur, Jefferson County, Texas (15) P.R. No. 21673 — A Resolution Calling For A Public Hearing To Consider Granting A Zoning Change From Single Family To Light Commercial For Approximately 0.6457-Acre Of Land, Lots 1 And 2, Block 22, Griffing Residential Park Subdivision, Port Arthur, Jefferson County, Texas (16) P.R. No. 21674 — A Resolution Calling For A Public Hearing To Consider Granting A Zoning Change From Light Commercial To Agricultural For 8.948-Acres Of Land, Tract 6, Lot 12, Block 17, Port Acres Addition, Port Arthur, Jefferson County, Texas (17) P.R. No. 21675 — A Resolution Authorizing The City Manager To Pay Ceres Environmental Services, Inc. Of Brooklyn Park, Minnesota For The Mobilization, Use, And Demobilization Of Emergency Generators Used During The Hurricane Laura Shelter Operations In The Amount Of $74,044.27; Funding Available In Account No. 156-2300-901.51- 00 (18) P.R. No. 21676 — A Resolution Authorizing The City Manager To Purchase Two (2) Dodge Ram 1500 Regular Cab Trucks For The Pleasure Island Department From Grapevine Dodge Chrylser Jeep In Grapevine, Texas Through BuyBoard Cooperative Purchasing Contract No. 601-19, Product Pricing In The Amount Of $19,577.00 Each For A Total Amount Of $39,154.00; Funds Are Available In Account No. 625-1801-533.93-02 5 4 AGENDA November 24, 2020 VI. CONSENT AGENDA — CONTINUED (19) P.R. No. 21679 — Resolution Rescinding Resolution No. 20-354 In Its Entirety, Which Authorized The City Manager To Purchase 1000 Automated Carts From Toter Of Statesville, North Carolina, Through U.S. Communities And National IPA, Now Known As Omnia Partners Contract No. 171717 (20) P.R. No. 21680 — A Resolution Authorizing The Purchase 1008 Garbage Cans From Otto Environmental Systems North America, Inc. Of Charlotte, North Carolina, Under HGAC Contract No. RC01-18, In The Amount Of $49,906.40. Funding Available In The Public Works Department Solid Waste Residential Garbage Division — Minor Equipment, Account No. 403-1274-533.25-00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21655 — A Resolution Authorizing The City Manager To Execute The Deed Of Trust, Special Warranty Deed With A Vendor's Lien, And Loan Agreement Between The City Of Port Arthur And Christopher Smith For Participation In The City Of Port Arthur's Owner Occupied Housing Assistance Rehabilitation And Reconstruction Program (2) P.R. No. 21670 — A Resolution Appointing Or Re-Appointing A Member To The Planning And Zoning Commission B. Ordinances — Non-Consent (1) P.O. No. 6848 —An Ordinance Authorizing The Sale Of Approximately 1.44 Acre Tract Or Parcel Of Land Situated In The Thomas F. McKinney League, Abstract No. 41 Port Neches, Jefferson County, Texas (2) P.O. No. 6913 —An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code 6 AGENDA November 24, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6914 — An Ordinance By The City Of Port Arthur, Texas ("City") Denying The Distribution Cost Recovery Factor Rate Increase Request Of Entergy Texas, Inc. Filed On October 22, 2020; Setting Just And Reasonable Rates For Entergy Texas, Inc. For Service Within The Municipal Limits; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings (4) P.O. No. 6915 — An Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The Port Arthur Police Association. Proposed Funding: Police Department Budget Account No. 001-1101-522.11-00 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 November 25, 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 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.