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HomeMy WebLinkAboutMARCH 16, 2021 REGULAR MEETING AGENDA 5:30 P.M. THURMAN BILL BARTIE,MA)OR _ RON BURTON CHARLOTTE MOSES,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD,TRMC INGRID HOLMESr CITY SECRETARY CAL J.JONES u r t r t h u r THOMAS J. KINLAW III VAL TREND KENNETHMARKS ` 1i1 CITY ATTORNEY DONALD FRANK,SR AG E N DA City Council Regular Meeting March 16, 2021 5:30 p.m . 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 March 16, 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: 821-8500-8408 And Passcode: 267599 (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 16, 2021 5:30 PM 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 Representatives Anya McInnis And Kelly Prasser Regarding Port Arthur LNG Projects (2) A Presentation By James Gamble, Sr. Regarding Jefferson County Drainage District No. 7 (DD7) (3) A Presentation By Staff Regarding Street Projects (Requested By Councilmember Kinlaw) C. Employee Recognition — None D. Correspondence — None AGENDA March 16, 2021 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. (1) To Consider The Proposed Abandonment Of The Following: A21-01 (Henry J. Semour) For Approximately 0.2754-Acre Of Land Consisting Of A Portion Of The South 10th Avenue Right-Of- Way Being Part Of Tract 2, Block 10, Range "I", Sabine Pass, Jefferson County, Texas (2) To Consider The Proposed Abandonment Of The Following: A21-02 (Port Of Port Arthur) For 1.425-Acre Of Land Consisting Of A Portion Of The Houston Avenue And Fourth Street Rights-Of- Way Adjacent To Block 136, City Of Port Arthur, Jefferson County, Texas (3) To Consider The Proposed Abandonment Of The Following: A21-03 (Port Of Port Arthur) For 1.351-Acre Of Land Consisting Of Portions Of The Railroad Avenue And Fifth Street Rights-Of-Way Adjacent To Block 105, City Of Port Arthur, Jefferson County, Texas (4) The Purpose Of Considering Amending Planned Development District — 15 [PD-15] To Include Approximately 0.3375-Acre Of Land Consisting Of All Of Lots 10 & 11, Block 35, Beachway Addition, City Of Port Arthur, Jefferson County, Texas V. UNFINISHED BUSINESS — NONE 2 AGENDA March 16, 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/Expense Request — None B. Minutes — None C. Resolutions (1) P.R. No. 21537 — A Resolution Authorizing The City Manager To Enter Into A Memorandum Of Agreement With United States Coast Guard Station Sabine And The City Of Port Arthur Regarding Fire Protection And Emergency Services (2) P.R. No. 21542 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Contract Between The City Of Port Arthur And Freese & Nichols, Inc. Of Pearland, Texas For The Planning, Acquisition And Design Of The Main Wastewater Treatment Plant, Increasing The Contract Amount By $172,000.00, For A New Total Contract Amount Of $6,454,200.00; Funding Is Available In Utilities Account No. 404- 1625-532.53-00, Engineering, Project No. R15056 (3) P.R. No. 21662 — A Resolution Authorizing The City Manager To Enter Into An Inter-Local Agreement Between The City Of Port Arthur And The Port Arthur Independent School District For The Sale Of A Heavy-Duty Transit Vehicle And Spare Parts In An Amount Not To Exceed $3,309.49 3 AGENDA March 16, 2021 VI. CONSENT AGENDA — CONTINUED (4) P.R. No. 21734 — A Resolution Terminating The Contract With Williams Transport Of Lumberton, Texas For Groups B, D, & G, For Ground Maintenance Of City Properties At The Water Utilities Department Facilities (5) P.R. No. 21750 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract With SETEX Construction Corp. Of Port Arthur, Texas, For The Sabine Pass Area Ditch Cleanout Increasing The Contract Amount By $14,707.00 To A New Contract Total Of$80,302.31. Funding Available In Public Works Department Drainage Division — Drainage Maintenance Account — 001-1204-531.34-00 (6) P.R. No. 21772 — A Resolution Authorizing The City Manager To Execute An Amendment To The Software As A Service Agreement With Tyler Technologies To Convert A Portion Of Conversion Hours To Implementation Hours Without Impacting The Budget Approved Via Resolution 19-392 (7) P.R. No. 21781 — A Resolution Authorizing The Acceptance Of A Grant From The East Texas Gulf Coast Regional Trauma Advisory Council For Covid-19 Responder Support In The Amount Of $6,025.00 (8) P.R. No. 21784 — A Resolution Authorizing The City Manager To Extend The Municipal Water Supply Contract With The Lower Neches Valley Authority (9) P.R. No. 21785 — A Resolution Authorizing The City Manager To Execute An Agreement With Waukesha-Pearce Industries, Inc. For The Purchase, Delivery, And Installation Of A Generac SG0150 150KW Natural Gas Generator For The Development Services Building Located At 300 4th Street, Through BuyBoard Cooperative Purchasing Program, Contract No. 597-19, With The Projected Budgetary Amount Of $102,977.00; Funding Available In Capital Improvements Account No. 625-1801-517.93-00 4 AGENDA March 16, 2021 VI. CONSENT AGENDA — CONTINUED (10) P.R. No. 21820 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract With Diamond Shine Building Service Of Nederland, Texas, For Janitorial Services For The Police Department, Fire Administration Building, And Municipal Court Building With An Annual Projected Budgetary Impact Of $66,684.00; Funding Available In Police Department Building Maintenance Account No. 001-1101-521.32-00 (11) P.R. No. 21826 — A Resolution Authorizing The Installation And Startup Of Automated Controls For Filters And Clarifiers Of The Water Purification Plant By Champion Technology Services Of Port Arthur, Texas In The Amount Of $41,975.00; Funding Is Available In Utilities Account No. 410-1252-532.92-00, Equipment (12) P.R. No. 21830 — A Resolution Authorizing The Fire Department To Purchase Structural Fire Fighting Personal Protective Equipment Extractors And Dryers From Casco Industries Of Houston, Texas, Through BuyBoard Cooperative Purchasing Contract No. 603-20 With A Budgetary Impact Of $81,020.00; Funding Available In Account No. 625-1801-522.92-00 (13) P.R. No. 21834 — A Resolution Approving Amendment No. 1 To The Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And AREF 1, LTD (14) P.R. No. 21835 — A Resolution Approving The Closing Of The Economic Incentive Contract And Loan Agreement Between Willfire HC, LLC And The City Of Port Arthur Section 4A Economic Development Corporation (15) P.R. No. 21836 — A Resolution Authorizing The Third Year (Second Renewal) Of The Contract With Southeast Texas Building Services, Of Nederland, Texas, For Janitorial Services At 501 Procter, With A Projected Budgetary Impact Of $20,000.00; PAEDC Building Account No. 120-1429-582.32-00 AGENDA March 16, 2021 VI. CONSENT AGENDA — CONTINUED (16) P.R. No. 21837 —A Resolution Approving Funding Of$5,299.20 From The City Of Port Arthur Section 4A Economic Development Corporation To CHMURA Economics & Analytics For The Availability And Tracking Of The Following Trending Analytics: Demographics, Employment Trends, Wage Trends, Cost Of Living Index, Industry Snapshot, Industry Cluster, Educational Levels And Region Definition Regarding Economic Impact In Its Entirety For Port Arthur, Texas PAEDC Account No. 120-1429-582.59-05 (17) P.R. No. 21838 — A Resolution Increasing The Price Of Land In The City Of Port Arthur Section 4A Economic Development Corporation's Spur 93 Business Park Located At 9555 W. Port Arthur Road In Port Arthur, Texas (18) P.R. No. 21840 — A Resolution Rescinding Resolution No. 21-035 In Its Entirety As It Pertains To An Agreement For Services With Christus Health Southeast Texas DBA Christus St. Mary Outpatient Center Mid County For Drug Testing Services (19) P.R. No. 21841 —A Resolution Authorizing The City Manager To Enter Into An Agreement For Services With Golden Triangle Emergency Center Mid-County Of Port Arthur, Texas For Drug Testing Services (20) P.R. No. 21842 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract With Triangle Rotating Equipment Specialist Of Orange, Texas For Phase 2, In The Amount Of $11,404.57 For Deletion Of Repair Services And Addition Of Pump Rentals At El Vista Pump Station For A New Contract Total Of $674,197.74. Funding In Hurricane Harvey Account No. 147-2300-901.84-00, Project No. 082617 (21) P.R. No. 21844 — A Resolution Designating Capital One Bank, N.A. As The Depository Bank For The City Of Port Arthur And Authorizing The City Manager To Execute All Documents Necessary To Implement The Contract Renewal To Be Effective April 1, 2021 6 AGENDA March 16, 2021 VI. CONSENT AGENDA — CONTINUED (22) P.R. No. 21846 —A Resolution Authorizing The City Manager To Enter Into An Agreement With SETEX Facilities & Maintenance Of Beaumont, Texas For Lowering The Elevation And Installation Of A Drainage System To The Austin Avenue Parking Lot Through The Choice Partners Purchasing Program, Contract No. 20/2017MR-17 With A Total Budgetary Impact Amount Of $119,796.68. Funding Available From Account No. 307-1601-591.95-00. Project PADT01 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21555 — A Resolution Of The City Council Of The City Of Port Arthur, Texas, Authorizing The Publication Of The Notice Of Intention To Issue City Of Port Arthur, Texas Certificates Of Obligation In A Principal Amount Not To Exceed $32,900,000 For The Construction Of Public Works And Any Items Related Thereto And For The Payment Of Contractual Obligations For Professional Services; Authorizing The Distribution Of A Preliminary Official Statement Relating To Such Certificates; And Containing Other Provisions Relating Thereto B. Ordinances — Non-Consent (1) P.O. No. 6939 —An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (2) P.O. No. 6941 — An Ordinance Amending Chapter 78 (Personnel), Article II (Personnel Policy), Division 10 (Employee Development), Section 17-136(A) (City Education Assistance Plan) Of The City Of Port Arthur Code Of Ordinances (3) P.O. No. 6942 —An Ordinance Declaring An Intent To Reimburse The City For Certain Funds Expended In Connection With The City's Funding Of Improvements To Streets, Drainage, City Facilities And The Water And Sewer System From Proceeds Of Certain Certificates Of Obligation To Be Issued By The City Within One Year AGENDA March 16, 2021 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.O. No. 6943 — An Ordinance Of The City Of Port Arthur, Texas Suspending The Rates Proposed By Texas Gas Service Company's ("TGS" Or "Company") Gas Reliability Infrastructure Program ("GRIP") Filing Made With The City On February 11, 2021; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date 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 March 17, 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 *************************************************** 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.