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HomeMy WebLinkAboutDECEMBER 8, 2020 REGULAR MEETING AGENDA THURMAN BILL BARTIE,MAl OR , J- RON BURTON CHARLOTTE MOSES, MAYOR PRO TEM City of _ CITY MANAGER COUNCIL MEMBERS: 410/ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES ort i'tllt[r THOMAS J.KINLAW ITI VAL TREND KENNETH MARKS ` ' CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting December 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 Regular Meeting Scheduled At 11:00 A.M. On December 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: 850-0435-4893 And Passcode: 530012 (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 December 8, 2020 11:00 AM 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 (2) A Presentation By Greg Peterson Of Weaver&Tidwell, LLP Regarding The 2019 Audit (3) A Presentation By Dan Jackson Of Willdan Financial Services Regarding Water Utility Rate Structure (4) A Presentation By Rebecca Briscoe Regarding The Results Of The 2020 Census AGENDA December 8, 2020 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition 20 Plus Years of Service, 2017 And 2018 Employee Service Awards Presentation D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 11:30 A.M. — NONE V. UNFINISHED BUSINESS (1) P.R. No. 21670 — A Resolution Authorizing Appointing Or Re- Appointing A Member To The Planning And Zoning Commission 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 (B1) Mayor Thurman Bartle: Texas Municipal League Virtual Summit November 14 — 16, 2020 $220.00 (B2) Mayor Thurman Bartie: National League Of Cities Virtual City Summit November 16 — 20, 2020 $295.00 2 AGENDA December 8, 2020 VI. CONSENT AGENDA — CONTINUED C. Minutes — None D. Resolutions (1) P.R. No. 21560 — A Resolution Authorizing The City Manager To Execute Change Order No. 4 To The Contract Between The City Of Port Arthur And Excavation & Construction LLC Of Port Arthur, Texas For The Sunken Court Roadway Reconstruction Project From Twin City Highway To North Park Drive Extending The Contract Time By 73 Calendar Days Changing The Original Contract Completion Date Of August 20, 2020 To The New Contract Completion Date Of November 1, 2020 And Assessing Liquidated Damages For Contract Time Overage In The Amount Of $12,000.00. Funding Is Not Impacted In The Capital Improvements Street Account No. 307- 1601-591.86-00. Project No. ST1P02 (2) P.R. No. 21623 — A Resolution Authorizing The City Manager To Participate In The Grant Program And Accept Funding From The Texas Parks & Wildlife Department Of Austin, Texas For The Rebuilding Of The Sabine Pass Boat Ramp At Broadway Street And S. 1st Avenue In Sabine Pass, Texas. Funding Is Available Through A Grant From The Harvey Fisheries Disaster Relief Fund In The Amount Of $1M (3) P.R. No. 21665 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1201 6th Street (Formerly Known As 618 Savannah Ave.), Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (4) P.R. No. 21677 — A Resolution Authorizing The City Manager To Approve Change Orders No. 17 To No. 31 With The Construction Managers Of Southeast Texas Of Port Arthur, Texas To Construct Port Arthur Transit's New Maintenance Building And Electric Charging Infrastructure To A New Contract Amount Not To Exceed $3,774,691.51; Funds Available In Account 401-1509-561.82-00 3 AGENDA December 8, 2020 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 21682 — A Resolution Authorizing The Purchase Of A 2021 Schwarze Model A7 Tornado Regenerative Air Street Sweeper From Heil Of Texas Of Houston, Texas, Under HGAC Contact No. SW04- 20, In The Amount Of$232,497.00. Funding Available In The Capital Reserve Fund — Equipment Replacement — Public Works — Drainage, Account No. 625-1801-531.93-04 (6) P.R. No. 21683 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $9,256.73 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Police Vehicle #2091 (7) P.R. No. 21687 — A Resolution Authorizing The City Manager To Execute Change Order Number 4, Decreasing The Contract Amount By $1,300.00, For A New Contract Amount Of $62,662.89 And For Approval Of The Final Payment In The Amount Of $307.78 To The Contract Between The City Of Port Arthur And Jackbuilt Contractors, LLC Of Orange, Texas For Interior Repairs At The Recreation Center; ($30,516.54 Available In Account Number 147-2300-901.95-00 Project Number PR-001 And $32,146.35 Available In Account Number 307-1601-591.95-00 Project Number PR-001) (8) P.R. No. 21689 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And G&G Enterprises, Corp. Of Port Arthur, Texas, Decreasing The Original Contract Amount By $8,788.25 To The New Contract Total Of $2,489,511.75; And Authorizing The Closeout Of The Contract, And Release Of Retainage In The Amount Of $124,475.59 For The Development Services Building Renovation Project, Located At 300 4th Street (Formerly 246 Dallas Avenue); Funds Available In Capital Improvement Account No. 307-1601- 591.82-00; Project No. 201606 (9) P.R. No. 21690 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $9,150.73 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Police Vehicle #1952 4 AGENDA December 8, 2020 VI. CONSENT AGENDA — CONTINUED (10) P.R. No. 21691 — A Resolution Authorizing The City Manager To Execute A Contract With Precision Pump Systems Of Spring, Texas, For The Purchase And Installation Of A Pump And Electric Motor For The El Vista Pump Station In The Amount Of $137,102.00. Funding Available In The Emergency Management Fund — FEMA Equipment Account No. 147-2300-901.92-00, Project Number 082717 (11) P.R. No. 21692 —A Resolution Authorizing The Second And Final Year Renewal Of The Contract Between The City Of Port Arthur And Latitude, LLC Of Tucson, Arizona For Provision Of Emergency Food Services In The Event Of An Emergency Or Disaster (12) P.R. No. 21693 — A Resolution Authorizing The Second Year (First Renewal) Of The Non-Exclusive Agreement With DRC Emergency Services Of Deer Park, Texas, For The Provision Of Emergency Environmental, Disaster, And Logistical Response Services In The Event Of An Emergency Or Disaster (13) P.R. No. 21694—A Resolution Authorizing The City Manager To Enter Into A Contract With Clifford Power Systems Of Houston, Texas For Preventative Maintenance And Repair Of Utility Operations' Backup Generators With A Projected Budgetary Impact Of $30,000.00. Funds Are Available In Utility Operations Department Account Numbers 410-1252-532.42-00, 410-1253-532.42-00, 410-1255- 532.42-00, And 410-1256-532.42-00 (Equipment Maintenance) (14) P.R. No. 21695 — A Resolution Awarding The Contract For The Purchase Of Badger Meters For The Water Utilities Department With Rural Pipe & Supply Of Jasper, Texas, In The Projected Budgetary Impact Amount Of $240,000.00. Funds Are Available In Account No. 410-1253-532.35-00, Water System Maintenance 5 AGENDA December 8, 2020 VI. CONSENT AGENDA — CONTINUED (15) P.R. No. 21696 — A Resolution Amending Resolution No. 20-097 As It Pertains To The Agreement Between The City Of Port Arthur And Nicol Scale & Measurement Of Houston, Texas, Extending The Term For An Additional Two Months For The Use Of Temporary Scales At The City's Landfill And Ratifying An Emergency Payment Of $6,462.00 For A Total Contract Cost Of$34,200. Funding Is Available In The Capital Reserve Fund Equipment Replacement Solid Waste Account No. 403-1274-533.51-01 (16) P.R. No. 21697 — A Resolution Authorizing The Purchase Of 4,000 Itron Electronic Meter Transmitters For Water Utilities Department From Republic Meter, Inc. Of Dallas, Texas, With A Total Projected Budgetary Impact Of $293,000.00 Funds Are Available In Water Utilities Account No. 410-1253-532.35-00, Water System Maintenance (17) P.R. No. 21701 — 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, For The Amount Of $15,415.00 Amending The Original Contract Amount From $904,485.50 To The New Contract Amount Of $919,935.50 And The Addition Of 19 Calendar Days Amending The Completion Date To December 12, 2020 And Assessing Liquidated Damages In The Amount Of $4,725.00 For A 15 Calendar Day Contract Time Overrun. The Funding Is Available In The Capital Improvements Street Account No. 307-1601-591.86-00. Project No. ST1P11 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21647 — A Resolution Appointing And/Or Reappointing Regular Board Members To The Construction Board Of Adjustment And Appeals 6 AGENDA December 8, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 21686 — A Resolution Nominating A Member To The Board Of Directors Of The Orange County Appraisal District For The Remaining Portion Of The 2020 — 2021 Term, Due To A Vacancy B. Ordinances — Non-Consent (1) P.O. No. 6916 — An Ordinance Designating Thursday, December 24, 2020, As A Legal Holiday (2) P.O. No. 6917 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code 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 Closed Meeting: (1) Section 551.071 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property On The Certain of Land Located Within the City Limits AGENDA December 8, 2020 VIII. *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 On The Certain Of Land Located In The Downtown Area (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 At 3451 57th Street (Robogistics) (5) 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 (6) Section 551.087 Government Code — To Discuss Economic Development Incentives In The City's Industrial District/ETJ 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 December 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 *************************************************** 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.