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HomeMy WebLinkAboutMARCH 2, 2021 REGULAR MEETING AGENDA 9:30 AM THURMAN BILL BARTIE,MAYOR E,,,rg, f RON BURTON CHARLOTTE MOSES,MAYOR PRO TEM City of cu CITY MANAGER COUNCIL MEMBERS: 41.1 SHERRI BELLARD,TRMC INGRID HOLMES — CITY SECRETARY CAL J.JONES o r t r t h u r THOMAS J. KINLAW III VAL TREND KENNETH MARKS 7c'.la.s CITY ATTORNEY DONALD FRANK,SR AG E N DA City Council Regular Meeting March 2, 2021 9:30 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 9:30 A.M. On March 2, 2021 [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: 894-2505-7270 And Passcode: 200697 (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 March 2, 2021 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Moses Councilmember Holmes 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 Staff Regarding The Status Of The National Dislocated Worker (NDW) Grant Program C. Employee Recognition — None D. Correspondence — None E. Discussion (1) Discussion Regarding An Update Of The City's Street Program AGENDA March 2, 2021 IV. PUBLIC HEARINGS — 10:00 A.M. — NONE V. UNFINISHED BUSINESS (1) P.R. No. 21805 — A Resolution Authorizing A One Year Extension Of The Contract With Ardurra Group, LLC For Disaster Recovery Grant Management And Administration Services And Providing Additional Contract Funding Of $2.22 Million; Fund Availability Is Subject To Reimbursement From FEMA And/Or Other Sources; To Be Paid From Hurricane Harvey Account #147-2300-901.54-00 (2) P.R. No. 21806 — A Resolution Authorizing The City Manager To Enter Into A Memorandum Of Understanding (MOU) With The Port Arthur Police Association (PAPA) Regarding Incentive For Newly Hired Police Officers (3) P.R. No. 21812 — A Resolution Authorizing The City Manager To Enter Into A Contract With Ardurra Group Of Houston, Texas For Public Assistance Claims Support Related To The Coronavirus Relief Fund Through The Texas Division Of Emergency Management (TDEM Disaster SPA2020) And In Response To The Covid-19 Pandemic Through The Federal Emergency Management Agency (FEMA DR-4485-TX), In An Amount Not To Exceed $50,000.00 Fund Availability Is Subject To Reimbursement From FEMA And/Or Other Sources; To Be Paid From Covid Disaster Fund Account No. 155- 2300-901.59-00 (4) P.R. No. 21813 — A Resolution Authorizing The City Manager To Enter Into A Contract With Ardurra Group Houston, Texas For Hurricane Laura Public Assistance And 406/404 Hazard Mitigation Grant Program Support, In An Amount Not To Exceed $120,000.00 Fund Availability Is Subject To Reimbursement From FEMA And/Or Other Sources; To Be Paid From Laura Account No. 156-2300- 901.59-00 AGENDA March 2, 2021 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 November 24, 2020 Regular Meeting December 4, 2020 Special Executive Session Meeting D. Resolutions (1) P.R. No. 21778 — A Resolution Accepting A Water Easement From Kansas City Southern Railway Company For The Purpose Of Installing, Maintaining, Operating And, In The Future, Replacing Public Utilities Water Line On A Portion Of Their Property For The Port Arthur Terminal Site (2) P.R. No. 21791 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into Lease Agreement With The City Of Port Arthur For 0.605 Acre Tract Of Land In Port Arthur, Jefferson County, Texas (3) P.R. No. 21803 —A Resolution Authorizing The City Manager To Enter Into A Contract For The Design And Construction Management Of The Water Line Extension To The City Of Port Arthur Landfill With Arceneaux, Wilson & Cole, LLC Of Port Arthur, Texas In The Total Amount Of $168,895.00 From Account No. 410-1253-532.59-00, Water System 3 AGENDA March 2, 2021 VI. CONSENT AGENDA — CONTINUED (4) P.R. No. 21822 — A Resolution Amending Resolution No. 21-001 As It Pertains To The Homebuyer's Written Agreement For The Purchase Of 1021 Reverend Dr. Ransom Howard Street, Port Arthur, Texas By Extending The Deadline From March 5, 2021 To July 5, 2021 (5) P.R. No. 21827 — A Resolution Authorizing The City Manager To Accept Funding From The Flood Infrastructure Fund (FIF) In The Amount Of $507,000.00 For The Master Drainage Plan And Policy Guide (6) P.R. No. 21829 — A Resolution Appointing A Negotiating Team Under Chapter 174 Of The Texas Local Government Code Annotated, To Conduct Collective Bargaining With The Bargaining Agent Of The Port Arthur Police Association Of The City Of Port Arthur Police Department VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent — None (1) P.R. No. 21737 — A Resolution Appointing And/Or Reappointing Regular Board Members To The Construction Board Of Adjustment And Appeals (Requested By Councilmember Holmes) (2) P.R. No. 21814—A Resolution Authorizing The City Manager To Enter Into A Contract With Ardurra Of Houston, Texas For Flood Infrastructure Funding Texas Senate Bill 7 Application And Project Management In An Amount Not To Exceed $75,000.00. Fund Availability Is Subject To Reimbursement From FEMA And/Or Other Sources; To Be Paid From The Capital Improvement Account #307- 1601-591.84-00 4 AGENDA March 2, 2021 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.R. No. 21815 — A Resolution Authorizing The City Manager To Enter Into A Contract With Ardurra Of Houston, Texas For FEMA (Federal Emergency Management Agency) Building Resilient Infrastructure And Communities Grant (BRIC Funding) In An Amount Not To Exceed $75,000.00. Fund Availability Is Subject To Reimbursement From FEMA And/Or Other Sources; To Be Paid From Water Utilities Capital Improvement Account #405- 1625-532.83-00 (4) P.R. No. 21816 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Library Board (5) P.R. No. 21821 — A Resolution Ratifying The City Manager's Authorization Of Emergency Repairs To The Equipment Maintenance Facility (A.K.A. City Garage), 103 H.O. Mills, Port Arthur, Texas, By SETEX Facilities Maintenance Of Beaumont, Texas Through BuyBoard Cooperative Purchasing Contract No. 581-19-2019, In The Amount Of $52,773.32; And Authorizing The Closeout And Release Of Retainage In The Amount Of $2,638.66; Repairs Charged To Hurricane Delta Account 157-2300-901.32-00; Project No. DLTA13 (6) P.R. No. 21828 —A Resolution Authorizing The City Manager To Enter Into A Contract With Ardurra Of Houston, Texas In Response To The Disaster Impacts Of The February 2021 Winter Storm (DR-4586) In An Amount Not To Exceed $25,000.00. Fund Availability Is Subject To Reimbursement From FEMA And/Or Other Sources; To Be Paid From The February 2021 Winter Storm Account #158-2300-901.54- 00 B. Ordinances — Non-Consent (1) P.O. No. 6940 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code AGENDA March 2, 2021 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 — 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 551.072 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 551.087 Government Code—To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect ® 6 AGENDA March 2, 2021 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 March 3, 2021. 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.