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HomeMy WebLinkAboutMAY 25, 2021 REGULAR MEETING AGENDA 9:30 AM THURMAN BILL BARTIE,MAYOR Energy RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of Ctn CITY MANAGER COUNCIL MEMBERS: / SHERRI BELLARD,TRMC INGRID HOLMES CITY SECRETARY" CAL J.JONES rt mbar THOMAS J. KINLAW III VAL TREND KENNETH MARKS CITY ATTORNEY CHARLOTTE MOSES AG E N DA City Council Regular Meeting May 25, 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 May 25, 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: 810 0124 8775 And Passcode: 355359 (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 May 25, 2021 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Frank Councilmember Holmes Councilmember Jones Councilmember Kinlaw, III Councilmember Marks Councilmember Moses City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Reverend Mitchell Johnson Of The My Community Plan Foundation Regarding Renewable Energy B. Presentations (1) A Presentation By The City Of Nederland Regarding The Port Arthur Health Department For COVID-19 Assistance (2) A Presentation By Hilton Kelley Of The Community In-power & Development Association Incorporation Regarding Support Letter / Resolution (3) A Presentation By Staff Regarding The Monthly March 2021 Financial Report 1 AGENDA May 25, 2021 III. PETITIONS & COMMUNICATIONS — CONTINUED (4) A Presentation By Staff Regarding The May 17, 2021 Flash Flooding Event C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 10:00 A.M. — NONE 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 May 11, 2021 Special Meeting (Executive Session) May 11, 2021 Regular Meeting C. Resolutions (1) P.R. No. 21902 — A Resolution Authorizing The City Manager To Enter Into A Contract For Sludge Caking At The Water Purification Plant And Wastewater Treatment Plants With Sprint Waste Services Of Port Arthur, Texas With A Not-To-Exceed Amount Of $80,000.00 From Account Nos. 410-40-210-5470-00-00-000 And 410-40-225- 5470-00-00-000 (Other Contractual Services) 7 Nimemmor AGENDA May 25, 2021 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 21912 —A Resolution Authorizing The City Manager To Enter Into A Contract With IPS Pump Solutions Of Houston, Texas For The Repair Of High Service Pump No. 905 At The Water Purification Plant In The Amount Of $36,540.00; Funding Available In Account No. 410-40-210-5318-00-00-000, Equipment Maintenance (3) P.R. No. 21919 — A Resolution Authorizing The Fire Department To Purchase Hazardous Materials Detection Equipment From Farrwest Environmental Supply, LLC Of Schertz, Texas, Through HGAC Contract EP11-20, In The Amount Of$112,200.00; Funding Available In Account No. 001-19-047-8522-00-30-00 (4) P.R. No. 21920 — A Resolution Authorizing The Purchase Of Twenty- Five (25) Portable Radios With Accessories For The Fire Department From Motorola Solutions Of Houston, Texas, Through HGAC Contract RA05-18, In The Amount Of $135,000.00; Funding Is Available In Account Number 001-19-047-8522-00-30-000 (5) P.R. No. 21926 —A Resolution Authorizing The City Manager To Enter Into Contracts With Southern Tire Mart And The Goodyear Tire And Rubber Company Of Beaumont, Texas, Through The BuyBoard Cooperative Purchasing Program, Contract No. 636-21, For The Purchase Of Tires And Tubes, With A Projected Budgetary Impact Of $400,000.00; Funding Available In Departmental Accounts Delineated In The Resolution (6) P.R. No. 21943 — A Resolution Approving First Amendment To The Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Deztex Industrial Services, LLC D/B/A Ramtex (7) P.R. No. 21944 — A Resolution Terminating A Training Agreement With Angel's Devine Touch Corp. And The City Of Port Arthur Section 4A Economic Development Corporation For Certified Nurses' Aide Training To Port Arthur Residents; Account No. 120-80-625-5475- 00-00-000 misimmaior- AGENDA May 25, 2021 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 21947 — A Resolution Authorizing The Acceptance Of A Donation From Enterprise Products Operating LLC For First Responder Support And Assistance During Emergency Response Drills In The Amount Of $500.00 (9) P.R. No. 21948 — A Resolution Authorizing The City Manager To Approve An Agreement With Texas Department Of Information Resources (DIR) For The Provision Of AT&T Internet Services For A Term Of 24 Months At $1,195.04 Per Month For A Total Of $28,680.96. Funding Budgeted In Information Technology Communications Account 001-09-023-5482-00-10-000- (10) P.R. No. 21949 — A Resolution Authorizing The City Manager To Execute A Contract With American Allwaste, LLC Dba Wastewater Transport Services Of Beaumont, Texas For The Hauling Of Leachate From The City's Landfill. Funding Is Available In The Solid Waste Landfill — Other Contractual Services Account Number 403-50-320- 5470-00-00-000 (11) P.R. No. 21951 — A Resolution Approving FY 2022-2023 Contract Between The City Of Port Arthur And The Department Of State Health Services, RLSS-Local Public Health System In The Not To Exceed Amount Of $335,034.00. No Match Required (12) P.R. No. 21956 — A Resolution Authorizing The City Manager To Execute An Interlocal Contract With South East Texas Regional Planning Commission Relating To The Planning, Development, Operation And Provision Of 9-1-1 Service And The Use Of 9-1-1 Funds (13) P.R. No. 21957—A Resolution Authorizing The City Manager To Enter Into A Contract With PGAL, Inc. Of Houston, Texas For Professional Needs Assessment Phase Services For The Proposed City Of Port Arthur Animal Shelter And Recreation Area Located At 1401 19th Street [A.K.A. Former Water Treatment Plant Site], In The Not To Exceed Amount Of $55,730.00; Funding Available In Capital Building Account 307-21-049-8512-00-10-000; Project B00008-DES 4 AGENDA May 25, 2021 VI. CONSENT AGENDA — CONTINUED (14) P.R. No. 21959 — A Resolution Approving An Additional $16,544.00 In Funding For The 2021 Community Development Block Grant Allocations Increasing The Total Funding Amount From $1,112,669.00 To $1,139,213.00 (15) P.R. No. 21964 — A Resolution Authorizing The City Manager To Execute An Agreement With Gulf Coast A CRH Company Of Beaumont, Texas For The 5th Street And 6th Street Roadway Pavement Project From Atlanta Avenue To Nashville Avenue. Funding Is Available In Street Maintenance Account No. 307-80-625- 8518-00-10-000 In The Amount Of$384,081.00 And The Community Development Block Grant (CDBG) Account No. 105-13-033-8517-00- 40-000 In The Amount Of $1,099,764.00 (16) P.R. No. 21965 — A Resolution Authorizing The Execution Of A Contract With PFM Financial Advisors, LLC, Of Houston, Texas, With Regard To The Downtown Tax Increment Reinvestment Zone (TIRZ) No. 1, In An Amount Not To Exceed $15,000.00; Funding Is Available In Account No. 001-01-005-5470-00-10-00, Project No. MA7903 (17) P.R. No. 21966 — A Resolution Authorizing The City Manager To Amend The Original Under $25,000.00 Contract With Jorge Morales To Perform The Duties And Responsibilities Of A Landfill Superintendent By Extending The Contract Term Through July 16, 2021, And Increasing The Contract Amount To A Not To Exceed Amount Of $50,000.00; Funding Is Available In Professional Services, Account Number 403-50-320-5420-00-00-000 (18) P.R. No. 21967 — A Resolution Authorizing The Acceptance Of A Grant From The East Texas Gulf Coast Regional Trauma Advisory Council For Emergency Medical Responder Program Support In The Amount Of $6,025.00 (19) P.R. No. 21968 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Emerald Biofuels, LLC 5 AGENDA May 25, 2021 • VI. CONSENT AGENDA — CONTINUED (20) P.R. No. 21971 — A Resolution Approving The Fiscal Year 2021 — 3rd Round Of Street Program. Funding Is Available In Capital Projects Account No. 307-21-053-8517-00-10-000 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21945 — A Resolution Approving A Workforce Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Acadian Ambulance For Medic Training For Twenty (20) Port Arthur Residents Which Will Provide A Stipend Of $7.50 Per Hour Not To Exceed $19,500.00; Funds Available In PAEDC Account No. 120-80-625-5475-00-00-000 (2) P.R. No. 21970 — A Resolution Amending Resolution No. 21-070 As It Pertains To The Terms Of The Lease Agreement Between The City Of Port Arthur And Robogistics, LLC For Premises Located At 3451 57th Street (3) P.R. No. 21972 — A Resolution In Support Of The Community In- Power And Development Association's Port Arthur/Golden Triangle Environmental Justice Initiative B. Ordinances — Non-Consent (1) P.O. No. 6961 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (2) P.O. No. 6963 — An Ordinance Of The City Of Port Arthur, Texas Approving The Rates Proposed By Texas Gas Service Company, A Division Of The Gas, Inc. ("TGS" Or"Company") Pursuant To Its 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 6 AGENDA May 25, 2021 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6966 — An Ordinance Of The City Of Port Arthur, Texas, Authorizing The Issuance And Sale Of City Of Port Arthur, Texas, Combination Tax And Revenue Certificates Of Obligation, Series 2021 In The Maximum Aggregate Principal Amount Of $32,900,000; Levying A Tax In Payment Thereof; Making Other Provisions Regarding Such Certificates Of Obligation, Including Authorizing The Preparation And Distribution Of One Or More Preliminary Official Statements And Authorizing The Preparation And Distribution Of One Or More Official Statements And Matters Incident Thereto; Awarding The Sale Of The Certificates; Authorizing The Execution And Delivery Of One Or More Purchase Agreements; Authorizing Bond Insurance; 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 Certificates Of Obligation; 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 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 AGENDA May 25, 2021 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED Closed Meeting: (1) Section 551.071 Government Code — To Discuss With The City Attorney And Receive Legal Advice As It Pertains To Potential Claims Regarding FEMA Disaster And Related Issues (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 Within The Boundaries And/ Or Expansion Of The Downtown Tax Increment Reinvestment Zone TIRZ # 1 In Port Arthur, Texas (4) 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 (5) Section 551.087 Government Code—To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect (Mesquite Industrial Coatings and Solutions, LLC) *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 May 26, 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.