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HomeMy WebLinkAboutAPRIL 13, 2021 REGULAR MEETING AGENDA 5:30 P.M. THURMAN BILL BARTIE,MAYOR RON BURTON CHARLOTTE MOSES,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: �1 SHERRI BELLARD,TRMC INGRID HOLMES i CITY SECRETARY CAL J.JONES o r t r t h tt r THOMAS J. KINLAW III VAL TIZENO KENNETH MARKS �� �'f CITY ATTORNEY DONALD FRANK,SR AG E N DA City Council Regular Meeting April 13, 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 April 13, 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: 814-4415-3293 And Passcode: 351599 (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 Of Port Arthur April 13, 2021 5:30 PM I 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) Jimmy Dike Regarding Trash On Martin Luther King Boulevard B. Presentations (1) Van Shotwell Of Shine On Humanity Regarding Opening A Shine On Humanity Nonprofit Chapter In Port Arthur (2) A Presentation By Lithified Technologies (Requested By Councilmember Frank) (3) A Presentation by Motiva Representative Claire Jackson Regarding A Tree Planting Program I AGENDA April 13, 2021 III. PETITIONS & COMMUNICATIONS C. Employee Recognition — None D. Correspondence — None E. Discussion (1) Discussion And Possible Action Regarding Regular City Council Meetings IV. PUBLIC HEARINGS — 6:00 P.M. (1) To Consider Public Comments, Specifically, The Proposition Will Read: Shall The City Of Port Arthur Type A Economic Development Corporation Sales And Use Tax Funds To Be Used For Enhancements At Adams Park, Rose Hill Park, And The Recreation And Senior Citizens Center Pursuant To 505.152 Of The Texas Local Government Code At A Rate Of $1,000,000.00 Per Year For A Three-Year Period With An Option To Renew For Up To An Additional Three (3) Year Period In The Amount Of $1,000,000.00 Per Year Authorization If Approved By A 2/3 Vote Of The City Council? V. UNFINISHED BUSINESS (1) P.R. No. 21855 — A Resolution Approving The 2021 Community Development Block Grant Allocations In The Amount Of $1,122,669.00 For The City Of Port Arthur (2) P.R. No. 21861 — A Resolution Authorizing The City Manager To Apply To The U.S. Department Of Housing And Urban Development For A Community Development Block Grant In The Amount Of $1,122,669.00 And A Grant In The Amount Of$276,300.00 In Home Investment Partnership (HOME) Funds And Authorizing The City Manager To Execute The City Of Port Arthur's 2021 Consolidated Annual Plan. The Consolidated Plan Will Be Submitted To The U.S. Department Of Housing And Urban Development 2 AGENDA April 13, 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 January 5, 2021 Regular Meeting January 19, 2021 Special Meeting (Executive Session) January 19, 2021 Regular Meeting January 28, 2021 Special Meeting (Executive Session) February 2, 2021 Regular Meeting February 18, 2021 Special Meeting February 19, 2021 Special Meeting (Executive Session) February 19, 2021 Regular Meeting February 25, 2021 Special Meeting March 2, 2021 Regular Meeting April 5, 2021 Special Meeting C. Resolutions (1) P.R. No. 21749 — A Resolution Authorizing The Acceptance Of The Completion Of The Relocation And/Or Replacement Of Public Water Infrastructure Project From PALNG Common Facilities Company, LLC/Sempra LNG And Authorizing The City Manager To Execute The Transfer Documents Pursuant To The Asset Relocation Agreement (2) P.R. No. 21802 — A Resolution Authorizing The City Manager To Enter Into A Contract With AHC Services Of Beaumont, Texas For Janitorial Services For City Hall And The Annex Building With An Annual Projected Budgetary Impact Of $102,604.92; Funding Available In Account 001-21-059-5312-00-70-000 Building Maintenance 3 AGENDA April 13, 2021 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 21852 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And BDS Constructors, LLC DBA MK Constructors Of Vidor, Texas For Construction Phase Services Of The Pioneer Park Lift Station, In The Amount Not To Exceed $774,065.00; Funds Are Available In Account No. 405-1621-532.83-00, Sewer System (4) P.R. No. 21853 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And BDS Constructors, LLC DBA MK Constructors Of Vidor, Texas For Construction Phase Services Of The Remediation And Mitigation Of The Twelve (12) Lift Stations Damaged By Hurricane Harvey, For An Amount Not To Exceed $1,278,248.00; Funds Are Available In Account No. 147-2300-901.83-00, Sewer System (5) P.R. No. 21857 — A Resolution Authorizing An Amendment To Resolution No. 20-234 As It Pertains To Replacing The Purchase Of A Freightliner 108SD TRA Trash Truck From Houston Freightliner Of Houston, Texas, Through HGAC Contract No. HT06-20 For The Public Works Solid Waste Trash Division With A Projected Budgetary Impact Of $198,574.00. Funds Are Available In Capital Reserve Equipment Replacement Public Works Solid Waste Equipment Account No. 625-50-305-8523-00-00-000 (6) P.R. No. 21863 —A Resolution Authorizing The City Manager To Enter Into A Contract With Fittz & Shipman, Inc. Of Beaumont, Texas For Professional Engineering Design Services Associated With The Planning And Design Of The Sabine Pass Boat Ramp Rebuild And Area Improvement For The Not To Exceed Amount Of $167,600.00; Funding Is Provided Through A Grant From The Texas Parks And Wildlife Department (TPWD) And Is Available In Account No. 152- 60-415-8525-00-00-000 4 AGENDA April 13, 2021 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 21872 — A Resolution Authorizing The Re-Certification Of Tender Loving Care Center For Children, D/B/A Legacy Community Development Corporation Herein Referred To As TLCCC DBA Legacy CDC, Of Port Arthur, Texas, As A Community Housing Development Organization (CHDO) And Authorizing The City Manager To Execute A Contract With TLCCC DBA Legacy CDC For The Acquire/Rehabilitate/Sale And/Or Provide New Construction And Sale Of Three (3) Homes In The Downtown Affordable Housing Target Area Or City Wide. The Total Amount Provided For Said Activities Is An Amount Not To Exceed $400,000.00 From The Federal Home Program, Account Numbers 108-2141-626.54-00, 108-2141-626.59-00, Project Numbers, HE1901, And HE2001 (8) P.R. No. 21874 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 The Contract Between The City Of Port Arthur And Stuart Consulting Group Of Houston, Texas For The Lake Arthur Drainage Improvements By Increasing The Amount By $113,225.00 To A New Contract Amount $814,025.00 And Increasing The Contract Term By 60 Days To A New Contract Term Of 325 Days For The Additional Design Work Mandated By The Texas Division Of Emergency Management (TDEM) And The Federal Emergency Management Agency (FEMA). Funding Is Available In HMGP Engineering Account No. 154-00-000-8515-00-10-000 And CDBG-DR Engineering Account No. 148-00-000-8515-00-10- 000. Project #DR1P01 (9) P.R. No. 21875 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Contract Between The City Of Port Arthur And Stuart Consulting Group Of Houston, Texas For The Babe Zaharias Golf Course/Stonegate Drainage Improvements By Increasing The Amount By $40,525.00 To A New Contract Amount Of $491,314.00 And Increasing The Contract Term By 60 Days To A New Contract Term Of 330 Days For The Additional Design Work Mandated By The Texas Division Of Emergency Management (TDEM) And The Federal Emergency Management Agency (FEMA). Funding Is Available In HMGP Engineering Account No. 154-00-000-8515-00- 10-000 And CDBG-DR Engineering Account No. 148-00-000-8515- 00-10-000. Project #DR1PO4 5 AGENDA April 13, 2021 VI. CONSENT AGENDA — CONTINUED (10) P.R. No. 21876 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 The Contract Between The City Of Port Arthur And Arceneaux Wilson And Cole Of Port Arthur, Texas For The Port Acres Subdivision Drainage Improvements By Increasing The Amount By $24,205.00 To A New Contract Amount Of $710,072.00 And Increasing The Contract Term By 60 Days To A New Contract Term Of 330 Days For The Additional Design Work Mandated By The Texas Division Of Emergency Management (TDEM) And The Federal Emergency Management Agency (FEMA). Funding Is Available In HMGP Engineering Account No. 154-00-000-8515-00-10-000 And CDBG-DR Engineering Account No. 148-00-000-8515-00-10-000. Project #DR1P03 11 P.R. No. 21877 — A Resolution AuthorizingThe CityManager To ( ) 9 Execute Amendment No. 1 To The Contract Between The City Of Port Arthur And Arceneaux Wilson And Cole Of Port Arthur, Texas For The El Vista Subdivision Drainage Improvements By Increasing The Amount By $17,305.00 To A New Contract Amount Of $256,680.00 And Increasing The Contract Term By 60 Days To A New Contract Term Of 305 Days For The Additional Design Work Mandated By The Texas Division Of Emergency Management (TDEM) And The Federal Emergency Management Agency (FEMA). Funding Is Available In HMGP Engineering Account No. 154-00-000-8515-00- 10-000 And CDBG-DR Engineering Account No. 148-00-000-8515- 00-10-000. Project #DR1P02 (12) P.R. No. 21879 — A Resolution Approving The FY 2022 Contract Amendment Between The City Of Port Arthur And The Department Of State Health Services For The Public Health Emergency Preparedness Program By Adding $103,507.00 In Federal Funding With A 10% City Match Of $10,351.00 And Extending The Contract To End June 30, 2022 (13) P.R. No. 21880 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And G & H Solutions, LLC Of Nederland, Texas For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill 6 AGENDA April 13, 2021 VI. CONSENT AGENDA — CONTINUED (14) P.R. No. 21881 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And Galveston Piling, LLC Of Houston, Texas For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill (15) P.R. No. 21883 — A Resolution Authorizing Amendment No. 3 To The Contract Between Texas Department Of State Health Services And The City Of Port Arthur For A Healthy Texas Babies Coalition Grant, To Revise The Budget And Add $117,500.00 In Funds For Fiscal Year 2022 For A Total Not To Exceed $466,875.00 Through August 31, 2022. No Match Required (16) P.R. No. 21884 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And American Restoration Of Wylie, Texas, For Phase II Repairs To The Rosehill Manor That Increases The Contract Amount By $2,650.00, Bringing The Total For Phase II Exterior Work To $263,650.00. Funds Available In Hotel Occupancy Tax Fund Account No. 140-15-600-5470-00-20-000 Project #H07908 (17) P.R. No. 21885 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With GT Logistics, LLC (18) P.R. No. 21892 — A Resolution Authorizing The City Manager To Execute An Amendment No. 2 To The Software As A Service Agreement With Tyler Technologies To Replace The SAAS Fees Payment Schedule Included In The Agreement Approved Via Resolution 19-392 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent — None B. Ordinances — Non-Consent (1) P.O. No. 6951 —An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code AGENDA April 13, 2021 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.O. No. 6952 — An Ordinance Of The City Of Port Arthur, Texas, Authorizing The Issuance And Sale Of City Of Port Arthur, Texas, General Obligation Refunding Bonds, Series 2021, In The Aggregate Principal Amount Not To Exceed $2,000,000.00 For The Refunding Of Certain Bonds; Levying A Tax In Payment Thereof; Making Other Provisions Regarding Such Bonds, Including Authorizing The Preparation And Distribution Of One Or More Preliminary Official Statements, One Or More Official Statements And Matters Incident Thereto; Awarding The Sale Of The Bonds; Authorizing The Execution And Delivery Of One Or More Purchase Agreements; Authorizing The Execution And Delivery Of A Paying Agent/Registrar Agreement; Authorizing And Confirming The Engagement Of Certain Professionals In Connection With The Issuance Of The Bonds; Finding And Determining That The Meeting At Which This Ordinance Is Passed Is Open To The Public As Required By Law; And Enacting Other Provisions Relating Thereto (3) P.O. No. 6953 — An Ordinance Authorizing The Sale Of City Owned Properly Legally Described As Lot 44, Marina Colony Subdivision In Pleasure Island, Commonly Known As 400 Island Way And Execution Of A Special Warranty Deed For Conveyance Thereof 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 April 14, 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.