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HomeMy WebLinkAboutMARCH 30, 2021 REGULAR MEETING AGENDA 9:30 AM THURMAN BILL BARTIE,MAYOR 4 RON BURTON CHARLOTTE MOSES,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD,TRMC INGRID HOLMES CITYZTMIY RE CAL J.JONES o r t r t It r[r THOMAS J. KINLAW III VAL ND KENNETH MARKS ' `' CITY ATTORNEY DONALD FRANK,SR AG E N DA City Council Regular Meeting March 30, 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 30, 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: 828-5058-1319 And Passcode: 296828 (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 30, 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 (1) Mary Cheatam Regarding Concerns About Compliance With City Ordinances (2) Harold L. Doucet Sr. Regarding Concerns About A Possible Open Meetings Act Violation B. Presentations (1) A Presentation By Staff Regarding The January 2021 Financial Report (2) A Presentation By The Human Resources Department Regarding Personnel Report AGENDA March 30, 2021 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 10:00 A.M. — NONE V. UNFINISHED BUSINESS (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 (2) 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 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/Expense Report — None 2 AGENDA March 30, 2021 VI. CONSENT AGENDA — CONTINUED B. Minutes December 8, 2020 Regular Meeting December 22, 2020 Special Meeting (Executive Session) December 22, 2020 Regular Meeting December 30, 2020 Special Meeting C. Resolutions (1) P.R. No. 21640 —A Resolution Authorizing The City Manager To Enter Into A Contract With Cubic ITS, Inc. Of Sugar Land, Texas, And Iteris, Inc. Of Santa Ana, California, Through BuyBoard Contract No. 608-20 And Traffic Parts, Inc. Of Conroe, Texas, Through BuyBoard Contract No. 603-20 For The Purchase Of Traffic Signals And Cabinets, With A Budgetary Impact Amount Of $125,000.00. Funding Is Available In Account No. 001-1205-531.45-00 (2) P.R. No. 21688 — A Resolution Requesting That City Council Ratify The City Manager's Decision For The Emergency Repairs To The Electrical Transfer Station And Provide Generators At The Water Purification Plant By Peak Engineering Of Port Neches, Texas With A Total Budgetary Impact Of $66,463.86, Account No. 410-1252- 532.42-00, Equipment Maintenance (3) P.R. No. 21782 — A Resolution Requesting That City Council Ratify The City Manager's Decision For The Emergency Repairs To Centrifuge #2 At The Wastewater Treatment Plant By Hutchison- Hayes Separation Of Houston, Texas With A Projected Budgetary Impact Of$75,626.95, Account No. 410-1256-532.32-00, Equipment Maintenance (4) P.R. No. 21832 — A Resolution Ratifying The City Manager's Emergency Authorization For Repairs Of The Water Mains Throughout The City During The 2021 Winter Storm Event For The 1 Utilities Department By Jet Aeration Of Texas, LLC Of Vidor, Texas And Brystar Construction, Inc. Of Beaumont, Texas With A Total Budgetary Impact Of $141,455.75, Account No. 158-2300-901.59- 00, Other Contractual Services, Project No. WSTM40 AGENDA March 30, 2021 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 21833 — A Resolution Awarding A Contract To C & C Works, Inc. In The Amount Of $93,747.00 And Authorizing The Execution Of A Contract By The City Manager For Asbestos/Lead Abatement And Demolition Of Nine (9) Dangerous Commercial Properties Located Throughout The City, To Be Charged To Account No. 001- 1052-517.59-00 (General Fund-Other Contractual Service) (6) P.R. No. 21839 —A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And GP Evans Contractors, LLC Of Winnie, Texas For Grass Mowing Of 300 Acres At The Landfill, With An Annual Projected Budgetary Impact In The Amount Of $87,420.00; Funding Available In Account No. 403-1274- 533.59-00, Public Works Landfill — Other Contractual Services (7) P.R. No. 21843 — A Resolution Authorizing The City Manager To Approve Change Orders No. 32 To No. 47 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 $3,819,853.52; Funds Available In Account 401-1509-561.82-00 (8) P.R. No. 21845 — A Resolution Authorizing The Acceptance Of The Certificate Of Substantial Completion For Phase II Renovations To The Department Club And Release Of Retainage In The Amount Of $23,137.00. Funds Are Available In Account 140-1405-551.59-00; Project M97910 (Hotel Occupancy Tax Funds) (9) P.R. No. 21848 — A Resolution Authorizing The City Manager To Negotiate A Contract With Ergonomic Transportation Solutions, Inc. (ETSI) Of Houston, Texas, For Traffic Engineering Design Services (10) P.R. No. 21851 — A Resolution Authorizing The Acceptance Of Payment From TPC Group For Cost Associated With Port Arthur Police Personnel Deployed As Part Of A Unified Command Support Team Related To The November 2019 Fire At The TPC Group Port Neches Facility In The Amount Of $8,097.26 4 AGENDA March 30, 2021 VI. CONSENT AGENDA — CONTINUED (11) P.R. No. 21854 — A Resolution Amending Resolution No. 20-283 As It Relates To The Purchase Of Sole Source Polymer Coagulants With An Increase In The Approved Amount By $0.02/LB. To A Price Of $0.625/LB. Funding Available In Water Utilities Account No. 410- 1252-532.29-02, (Water Treatment Chemicals) (12) P.R. No. 21856 — A Resolution Authorizing The Purchase Of Two (2) Dodge Ram 1500 Regular Cab Short Bed Pickup Trucks From Grapevine Dodge Chrysler Jeep Of Grapevine, Texas, Through BuyBoard Cooperative Purchasing Program, Contract No. 601-19, With The Projected Budgetary Amount Of $38,786.00; Funding Available In Capital Motor Vehicles Account 625-1801-531.93-08 (13) P.R. No. 21858 — A Resolution Authorizing The Renewal Of The Annual Maintenance For Software And Hardware For The Itron Transmitters For The Water Utilities Department From Itron, Inc. Of Liberty Lake, Washington With A Total Projected Budgetary Impact Of $25,971.87. Funds Are Available In Water Utilities/Customer Services, Account No. 410-1254-532.54-00, Professional Services (14) P.R. No. 21859 —A Resolution Approving The FY 2021-2022 Contract Amendment No. 3 Between The City Of Port Arthur And The Department Of State Health Services, Immunization/Locals To Add $162,630.00 To Cover The Contract Period September 1, 2021 Through August 31, 2022, And Add A One-Time Lump Sum Of $62,216.00 To Cover Coronavirus Activities. The Total Amount Of This Contract Will Not Exceed $712,736.00. No Cash Match Is Required (15) P.R. No. 21860 — A Resolution Authorizing The City Manager To Execute A Proposal With Industrial And Commercial Mechanical Of Beaumont, Texas For The Replacement Of The Port Arthur Public Library's Boiler Through Texas BuyBoard Contract No. 558-18 For The Amount Of $30,513.34; With The Texas Municipal Intergovernmental Risk Pool Agreeing To Pay For The Replacement And City Paying For A One-Time Deductible Of $5,000.00. Funding Is Available In The Winter Storm 2021 Account 158-2300-901.32-00, Project #WSTM27 5 AGENDA March 30, 2021 VI. CONSENT AGENDA — CONTINUED (16) P.R. No. 21864 — A Resolution Calling For A Public Hearing To Consider Granting A Permit For The Drilling Of An Oil And Gas Well, Requested By Aspect Energy, LLC VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent — None B. Ordinances — Non-Consent (1) P.O. No. 6923 — An Ordinance Amending Chapter 86 (Solid Waste), Article IV (Fees, Charges And Billing Procedures), Section 86-112 (Residential Garbage) And Section 86-116 (Multiple Unit Service) Of The Code Of Ordinances, City Of Port Arthur, Texas, By Increasing The Service Rate Of Additional Garbage Can To $7.50 Per Month And The Multiple Service Fee For Trailer House, Residence Or Commercial Premises To $15.05 Per Month; And Providing For An Effective Date Of May 1, 2021 (2) P.O. No. 6944 — An Ordinance Amending Chapter 110 (Utilities), Article II (Water), Division 3 (Services Charges And Billing), Sections 110-91 (Rate Schedule) And 110-92 (Consumers Outside City Not Having Special Contracts) Of The Code Of Ordinances Of The City Of Port Arthur, As It Pertains To Rates For Residential And Commercial Customers, And Providing For Publication (3) P.O. No. 6945 —An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (4) P.O. No. 6946 — An Ordinance Of The City Of Port Arthur, Texas, Closing, Vacating, Abandoning, And Conveying A 0.2754-Acre Portion Of An Undeveloped Dedicated Public Right-Of-Way, Known As South 10th Avenue, Sabine Pass, Jefferson County, Texas; Authorizing The City Manager To Execute A Deed Without Warranty; Providing That This Ordinance Shall Be Cumulative; Repealing All Ordinances To The Extent They Are In Conflict; Providing For Severability; And Declaring An Effective Date A21-01 (Henry J. Semour) 6 AGENDA March 30, 2021 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (5) P.O. No. 6947 — An Ordinance Of The City Of Port Arthur, Texas, Closing, Vacating, Abandoning, And Conveying A 1.425-Acre Portion Of Improved Dedicated Public Rights-Of-Way, Known As Houston Avenue And Fourth Street, Port Arthur, Jefferson County, Texas; Authorizing The City Manager To Execute A Deed Without Warranty; Providing That This Ordinance Shall Be Cumulative; Repealing All Ordinances To The Extent They Are In Conflict; Providing For Severability; And Declaring An Effective Date A21-02 (Port Of Port Arthur Navigational District) (6) P.O. No. 6948 — An Ordinance Of The City Of Port Arthur, Texas, Closing, Vacating, Abandoning, And Conveying A 1.351-Acre Portion Of Improved Dedicated Public Rights-Of-Way, Known As Railroad Avenue And Fifth Street, Port Arthur, Jefferson County, Texas; Authorizing The City Manager To Execute A Deed Without Warranty; Providing That This Ordinance Shall Be Cumulative; Repealing All Ordinances To The Extent They Are In Conflict; Providing For Severability; And Declaring An Effective Date A21-03 (Port Of Port Arthur Navigational District) (7) P.O. No. 6949 — An Ordinance Amending Planned Development District — 15 (PD-15) Of Appendix "A" Of Ordinance 89-54, As Amended, Zoning Ordinance Of The City Of Port Arthur, Texas, By Extending Its Boundary To Allow For All Uses Associated With The Light Commercial (LC) Zoned District On Lots 10 And 11, Block 35, Beachway Addition, Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, As Amended, By A Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date Z21-01 (Jarmon Batiste) AGENDA March 30, 2021 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (8) P.O. No. 6950 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2020 And Ending September 30, 2021 By $2,496,206.00 For The General Fund, $172,000.00 For The Solid Waste Fund, $1,511,000.00 For The Capital Reserve Fund, And $66,602,397.00 For The Capital Budget 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 Receive Legal Advice From The City Attorney Regarding Pending, Potential And/ Or Contemplated Litigation, Claims And Other Legal Matters Involving The City Of Port Arthur (2) 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 8 AGENDA March 30, 2021 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (3) Section 551.087 Government Code —To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 31, 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 *************************************************** 9 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.