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HomeMy WebLinkAboutAPRIL 27, 2021 REGULAR MEETING AGENDA 9:30 AM THURMAN BILL BARTIE,MAN OR = RON BURTON CHARLOTTE MOSES,MAYOR PRO TENT City of VW; CITY MANAGER COUNCIL MEMBERS: * SHERRI BELLARD,TRMC INGRID HOLNIES - CITY SECRETARY CAL J.JONES or4'.' ltlir THOMAS J.KINLAW III VAL TREND KENNETH MARKS 1r �rr' CITY ATTORNEY DONALD FRANK,SR AG E N DA City Council Regular Meeting April 27, 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 April 27, 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: 868-3774-5161 And Passcode: 727570 (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 27, 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) Harold L. Doucet Sr. Regarding The Port Arthur Health Department And Staff B. Presentations (1) A Presentation By Police Department Staff Regarding Golf Carts And Four-Wheelers (Requested By Councilmember Jones) (2) A Presentation By Staff Regarding The Monthly February 2021 Financial Report (3) A Presentation By Public Works Staff Regarding Sign/Signal Lights And Street Lights C. Employee Recognition — None AGENDA April 27, 2021 III. PETITIONS & COMMUNICATIONS — CONTINUED D. Correspondence — None E. Discussion (1) Discussion And Possible Action Regarding Regular City Council Meetings IV. PUBLIC HEARINGS — 10:00 A.M. (1) To Receive Public Comment On A Request By Aspect Energy, LLC For A Permit To Drill An Oil And Gas Well On Section 9, T&NO RR Survey, Abstract No. 242, Port Arthur, Jefferson County, Texas V. UNFINISHED BUSINESS — NONE 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 B. Minutes March 8, 2021 Special Meeting March 12, 2021 Special Meeting March 16, 2021 Special Meeting (Executive Session) March 16, 2021 Regular Meeting March 30, 2021 Regular Meeting April 8, 2021 Special Meeting (Retreat) April 13, 2021 Special Meeting (Executive Session) April 13, 2021 Regular Meeting 2 AGENDA April 27, 2021 VI. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 21797 — A Resolution Authorizing City Manager To Remit Payment To The City Of Port Neches For The Annual Recurring Costs Of The Regional Radio System In The Amount Of $78,116.06; Funding Available In 001-17-045-5491-00-30-000 (2) P.R. No. 21798 —A Resolution Rejecting The Bid For Security Guards Services For City Hall And The Annex Building And Authorizing Re- Advertisement With The Appropriate Scope Of Services (3) P.R. No. 21819 — A Resolution Ratifying The City Manager's Decision To Authorize Sludge Caking And Waste Hauling From The Water Purification Plant And Main Wastewater Treatment Plant To The Port Acres Wastewater Treatment Plant And Polymer Tank Rental From Sprint Waste Services Of Port Arthur, Texas, With A Budgetary Impact Of $41,868.33 From Account Nos. 410-40-210-54700-00-00- 000- And 410-40-225-5470-00-00-000- (Other Contractual Services) (4) P.R. No. 21849 — A Resolution Awarding A Contract To DCD Construction, LLC. In The Amount Of $28,100.00 And Authorizing The Execution Of A Contract By The City Manager For Demolition Of Five (5) Residential Structures (Group G) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470-00-10-000- (General Fund-Other Contractual Service) (5) P.R. No. 21865 — A Resolution For Awarding A Bid And Authorizing The City Manager To Purchase Litter Fences From Metta Technologies, Inc. Of Toledo, Ohio In The Amount Of $111,300.00 For The City Landfill. Funding Is Available In The Landfill Equipment Account Number 403-50-320-8522-00-00-000 (6) P.R. No. 21867 — A Resolution Authorizing The Third Year (Final Renewal) For Mowing Contracts Between The City Of Port Arthur And Whit's Grass Cutting Of Port Arthur, Texas For Groups 1, 2 & 3C, And Williams Transport Of Lumberton, Texas For Groups 11 & 12 For Mowing Of Various City Properties, Parks, & Right-Of-Ways With A Projected Budgetary Impact Of $57,015.00 Per Year. Funding Available In Parks Account No. 001-25-065-5311-00-00-000 AGENDA April 27, 2021 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 21868 — A Resolution Authorizing The City Manager To Procure The Services Of IPS Pump Services Of Houston, Texas For The Maintenance And Rebuild Of Raw Water Transfer Pump No. 102 At The Water Purification Plant, With A Projected Budgetary Impact Amount Of $39,945.00 From Account No. 410-40-210-5318-00-00- 000, Equipment Maintenance (8) P.R. No. 21869 — A Resolution Authorizing The Third-Year (Second And Final Renewal) Of Contracts For Mowing Services Between The City Of Port Arthur And (5) Vendors For Grass Mowing Services Of Privately-Owned And City-Owned Vacant And Developed Lots In An Area Of The City Designated As Area A. Funds Are Available In General Fund Account Number 001-13-039-5470-00-50-000 (Other Contractual Service) (9) P.R. No. 21870 — A Resolution Authorizing The Third-Year (Second And Final Renewal) Of Contracts For Mowing Services Between The City Of Port Arthur And (17) Vendors For Grass Mowing Services Of Privately-Owned And City-Owned Vacant & Developed Lots In An Areas Of The City Designated As Areas B-E. Funds Are Available In General Fund Account Number 001-13-039-5470-00-50-000 (Other Contractual Service) (10) P.R. No. 21871 — A Resolution Authorizing The Third-Year (Second And Final Renewal) Of A Contract Between The City Of Port Arthur And R. L. Eldridge Construction, Inc., Of Sabine Pass, Texas @ $0.0065 Per Square Foot, For Grass Mowing Services Of Privately- Owned And City-Owned Vacant And Developed Lots In An Area Of The City Designated As Area F, Sabine Pass. Funds Are Available In General Fund Account Number 001-13-039-5470-00-50-000-, (Other Contractual Service) (11) P.R. No. 21882 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And Paragon Southwest Medical Waste Of Anahuac, Texas For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill 4 AGENDA April 27, 2021 VI. CONSENT AGENDA — CONTINUED (12) P.R. No. 21886 — A Resolution Approving A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Rustin Penland For The Sale Of Four Acres Of Land In The Spur 93 Business Park (13) P.R. No. 21887 — A Resolution Ratifying Emergency Repairs To The Port Arthur News Building (549 4th Street) By SWS Environmental Services (US Ecology) In The Amount Of $79,522.60; Funding Available In EDC Account No. 120-80-625-5494-00-00-000- (14) P.R. No. 21889 —A Resolution Ratifying Community Pre-Employment Agreements Between The City Of Port Arthur Section 4A Economic Development Corporation And Robogistics LLC For Four (4) 2020 Summer Interns Retained By Robogistics In An Amount Not To Exceed $26,000.00; Funds Available In EDC Account No.120-80-625- 5475-00-00-000- (15) P.R. No. 21890 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into A Service Agreement With Kirksey's Sprint Printing Of Beaumont, Texas For The Printing And Mailout Of The 9th Annual PAEDC Newsletter; In An Amount Not To Exceed $15,000.00, Account No. 120-80-625-5474-00-00-000 (16) P.R. No. 21894 — A Resolution Authorizing The Purchase Of Two (2) Ford F-250 Trucks For Water Utilities Department From Silsbee Ford Of Silsbee, Texas Through The GoodBuy Purchasing Program In The Total Amount Of$62,410.50. Funds Are Available In Utilities Account No. 625-40-215-8523-00-00-000-, Vehicles (17) P.R. No. 21897 — A Resolution Approving The Ratification Of A General Services Agreement Between The Port Arthur Economic Development Corporation And Panama Equipment, LLC For Engineering Design, Platform Construction, Installation And Other Related Services For The Project At 549 4th Street (The Press Building) The Amount Of $249,425.66. Funds Available In EDC Account No. 120-80-625-5494-00-00-000 AGENDA April 27, 2021 VI. CONSENT AGENDA — CONTINUED (18) P.R. No. 21904 — A Resolution Amending Resolution No. 20-377, As It Pertains To The Purchase Of Various Degreasers And Biological Aids, By Adding An Additional Vendor, With No Increase To The Approved Projected Budgetary Impact Amount Of $65,000.00. Funding Available In Water Utilities Account No. 410-40-220-5217- 00-00-000-, Treatment Chemicals (19) P.R. No. 21905 — A Resolution Authorizing An Amendment To Resolution 20-463 For The Audit Services Contract With Weaver And Tidwell, LLP, For An Amount Not To Exceed $30,000.00 And A Total Contract Amount Of $166,000.00. Funding Is Available In The Finance Department Professional Services Account #001-07-015- 5420-00-10-000 (20) P.R. No. 21906 — A Resolution Ratifying The City Manager's Decision To Enter Into Choice Partners Contract No. 19/060MR-01 With Graham County Land Company Of Robbinsville, North Carolina For Trash And Debris Removal In The City Of Port Arthur. The Total Price For This Service Is $45,006.00 And Funding Is Available In Solid Waste / Other Contractual Services, Account Number 403-50-305- 5470-00-00-000 (21) P.R. No. 21907 — A Resolution Authorizing The Rental Of A 750k Dozer From Doggett Heavy Machinery Services Of Baton Rouge, Louisiana For The Port Arthur Landfill For Seven (7) Month Period, With A Projected Budgetary Impact Of $47,600.00. Funding Is Available In Landfill / Equipment Rental, Account Number 403-50- 320-5402-00-00-000- (22) P.R. No. 21909 —A Resolution Approving The FY 2021-2024 Contract Between The City Of Port Arthur And The Department Of State Health Services, Covid-19 Immunization Grant Program To Increase Covid-19 Vaccination Capacity Across This Jurisdiction. The Total Amount Of This Grant Will Not Exceed $742,512.00 And It Will Be Effective Upon Signature Through 06/30/2024. No Cash Match Is Required 6 AGENDA April 27, 2021 VI. CONSENT AGENDA — CONTINUED (23) P.R. No. 21911 —A Resolution Authorizing The City Manager To Enter Into A Memorandum Of Understanding Between The City Of Port Arthur And The Texas Artists Museum Society For The Use Of The Texas Artists Museum Society (TAMS) Building As The City Of Port Arthur COVID-19 Vaccination Site Through December 31, 2021 With A Cost Not To Exceed $3,500.00; Funding Available In Account Number 155-07-015-5401-00-40-30, (Health Dept COVD23) (24) P.R. No. 21913 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And LSJ Trucking Inc. Of Beaumont, Texas For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill (25) P.R. No. 21914 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And Neches Management Services Of Beaumont, Texas For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill (26) P.R. No. 21915 — A Resolution Authorizing The Execution Of An Agreement Between The City Of Port Arthur And Gregory K. Casmire, For Professional Construction Inspection Services For The Public Works Engineering Division For A One Year Period In An Amount Not To Exceed $87,750.00. Funding Is Available In Streets / Capital Project, Account Number 307-231-053-8517-00-10-000- And HMGP/CDBG, Account Number 154-2300-901-53.00 And 148-2300- 901-53.00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21780 — A Resolution Authorizing The Purchase Of Commercial Windstorm Coverage In An Amount Not To Exceed $905,933.99 Per Annum Proposed Funding By: General Liability Insurance Fund 612-11-025-5410-00-00-000-, $905,933.99 AGENDA April 27, 2021 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 21888 — A Resolution Approving The Payment Of $28,748.00 For Additional Conduit And Electrical Components For 549 4th Street (The Press Building); Funds Available In PAEDC Account No. 307-80-625-8512-00-10-000-; Project No. EDC549 (3) P.R. No. 21895 — A Resolution Amending Resolution No. 21-027, Approving An Operating Lease Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation ("PAEDC") And Hewlett-Packard Financial Services Company For Data Network Equipment Supplied By Datavox Of Houston, Texas At 549 4th (The "Press Building") In The Amount Of $12,585.56 Per Month For A 60 Month Term And Authorization Of A One-Time Payment $46,825.16 To Datavox For The Initial Installation Costs Of Cabling Infrastructure, A Communication System, And Other Related Items. Funds Available In EDC Account No. 120-80-625-5494-00- 00-000 (4) P.R. No. 21903 — A Resolution Authorizing Appointing A Member Or Members To The Downtown Tax Increment Reinvestment Zone TIRZ #1 Board (5) P.R. No. 21910 — A Resolution Awarding A Bid And Authorizing The City Manager To Enter Into An Agreement With LD Construction Of Beaumont, Texas For The Various Street Roadway Pavement Rehabilitation Project Of 18 Streets In The Amount Of $2,936,040.50. Funding Is Available In The Street Maintenance And Repair Capital Improvement Account Number 307-1601-591.86-00 B. Ordinances — Non-Consent (1) P.O. No. 6954 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2020 And Ending September 30, 2021 By $45,000.00 For The General Fund, And $205,000.00 For The General Liability Fund (2) P.O. No. 6955 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code $ AGENDA April 27, 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 — 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 (2) 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 Pending Litigation And Negotiations With The Port Arthur Police Association (PAPA) and Port Arthur Fire Firefighters (IAFF Local No. 397) (3) Section 551.071 Government Code — Attorney Consultation To Provide Advice And Counsel Regarding Collection Of Fees Owed To The City (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located At 3540 9th Avenue And Downtown Port Arthur (5) Section 551.087 Government Code—To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect (DexTex Industrial Services, LLC DBA RamTex) 9 AGENDA April 27, 2021 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED *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 April 28, 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 *************************************************** �o 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.