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HomeMy WebLinkAboutAUGUST 17, 2021 REGULAR MEETING AGENDA 9:30 AM THURMAN BILL BARTIE,MAYOR E RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of city ` CITY MANAGER COUNCIL MEMBERS: i&j° SHERRI BELLARD,TRNIC INGRID HOLMES CITY SECRETARY CAL J.JONES n r t THOMAS J.KINLAW III VAL TIZENO KENNETH MARKS Tc laS CITY ATTORNEY CHARLOTTE MOSES AG E N DA City Council Regular Meeting August 17, 2021 9:30 a.m. 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 August 17, 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) Clarence Lyons Sr. Regarding Unlawful Dumping (2) Kenneth Shephard, Jr., Vice President Of Lion Hearted Academy, Regarding 2nd Annual Eddie Ray Brown Showdown, Texas VS Louisiana (3) Hilton Kelley, The Houston Advanced Research Center (HARC) And Community In-Power And Development Association (CIDA Inc.) Regarding Equity Informed Resilience Planning Project AGENDA August 17, 2021 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Jeff Koerner Regarding Enterprise Fleet Management (2) A Presentation By Staff Regarding The Fiscal Year 21-22 Proposed Budget C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. FY 2021-2022 BUDGET ACTIONS (1) P.R. No. 22096 — A Resolution To Consider Establishing The Proposed Fiscal Year 2021-2022 Tax Rate, Taking a Record Vote And Scheduling A Public Hearing to Receive Public Comment On The Proposed Tax Rate ROLL CALL VOTE REQUIRED (2) P.R. No. 22097 — A Resolution To Call A Public Hearing On August 31, 2021 To Receive Public Comment On The Proposed Fiscal Year 2021-2022 Budget ROLL CALL VOTE REQUIRED V. PUBLIC HEARINGS — 10:00 A.M. — NONE 2 AGENDA August 17, 2021 VI. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) Pursuant To 551.0415 Of The Texas Government Code, The Mayor And Council May Make Announcements Regarding Items Of Community Interest, Which Include The Following: (1) Expressions Of Thanks, Congratulations, Or Condolence; (2) Information Regarding Holiday Schedules; (3) An Honorary Or Salutary Recognition Of A Public Official, Public Employee, Or Other Citizen, Except That A Discussion Regarding A Change In The Status Of A Person's Public Office Or Public Employment Is Not An Honorary Or Salutary Recognition For Purposes Of This Subdivision; (4) A Reminder About An Upcoming Event Organized Or Sponsored By The Governing Body; (5) Information Regarding A Social, Ceremonial, Or Community Event Organized Or Sponsored By An Entity Other Than The Governing Body That Was Attended Or Is Scheduled To Be Attended By A Member Of The Governing Body Or An Official Or Employee Of The Political Subdivision; And (6) Announcements Involving An Imminent Threat To The Public Health And Safety Of People In The Political Subdivision That Has Arisen After The Posting Of The Agenda **Possible Action May Not Be Discussed In Conjunction With The Information Provided In The Report VII. UNFINISHED BUSINESS — NONE 3 AGENDA August 17, 2021 VIII. 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 — None C. Resolutions (1) P.R. No. 21878 — A Resolution Authorizing The City Manager To Amend The Original Contract Between ELOS Environmental, LLC Of Hammond, Louisiana, By The Amount Of $21,000.00 To A New Contract Total Amount Of $46,575.00 For A Mandated Expanded Environmental Assessment Of The Proposed Lake Arthur Detention Pond Drainage Project. 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 (2) P.R. No. 22056 — A Resolution Authorizing The City Manager To Execute Four (4) Community Development Block Grant (CDBG) Interoffice Agreements With The Housing Assistance For Programs And Administration, Grants Management, And Public Works Divisions; And Sub-Recipient Agreements With Seven (7) Non-Profit Organizations For Public Service Activities That Benefit Low And Moderate-Income Residents. Funding For The Agreements Will Be From The 2021 CDBG Program Year 4 AGENDA August 17, 2021 VIII. CONSENT AGENDA — CONTINUED (3) P.R. No. 22061 — A Resolution Authorizing The City Manager To Execute A Contract For The Development Of A Master Drainage Plan And Policy With Arceneaux Wilson & Cole, LLC Of Port Arthur, Texas, For The Not-To-Exceed Amount Of $1,285,300.00. Funds Are Available In Project No. DR1P05-OTH AND DR1P05-OTH-CDF (4) P.R. No. 22067 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And Straight Line Service, LLC Of Buna, Texas For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill (5) P.R. No. 22068 — A Resolution Approving The FY 2022 Contract Between The City Of Port Arthur And The Department Of Health And Human Services Primary Health Care Program, For The Amount Not To Exceed $319,335.00, Of Which $62,300.00 Is Allocated Toward The Contract Period September 1, 2021 Through August 31, 2022. No Cash Match Required (6) P.R. No. 22069 — A Resolution Authorizing The City Manager To Enter Into A Cooperative Working Agreement With The Rape And Crisis Center Of Southeast Texas To Provide Services For Sexual Assault Victims And Other Victims Of Crime (7) P.R. No. 22070 — A Resolution Authorizing The City Manager To Approve An Amendment To The Contract Between The City Of Port Arthur And SETEX Facilities And Maintenance, LLC Of Beaumont, Texas, Changing The Cooperative Purchasing Program To BuyBoard Cooperative Contract Number 581-19 For The Construction Of A Spray Park, Soccer Field And Volleyball Court At 5200 7th Street (Formerly Lakeview Pool) In The Projected Budgetary Amount Of $877,688.86; Funding Available In Account Number 307-25-067- 8525-00-10-000 Project Number PR30003 (8) P.R. No. 22071 — A Resolution Approving The Termination Of The Economic Incentive Contract And Loan Agreement Between AWC, Inc. D/B/A Alford, Woods And Childs Texas, Inc. And The City Of Port Arthur Section 4A Economic Development Corporation 5 AGENDA August 17, 2021 VIII. CONSENT AGENDA — CONTINUED (9) P.R. No. 22072 — A Resolution Approving The Termination Of The Economic Development Conditional Grant Agreement Between PARC Enterprises, Inc. And The City Of Port Arthur Section 4A Economic Development Corporation (10) P.R. No. 22073 — A Resolution Approving The Termination Of The Economic Development Conditional Grant Agreement Between MP1 Construction, LLC And The City Of Port Arthur Section 4A Economic Development Corporation (11) P.R. No. 22074 — A Resolution Approving The Termination Of The Economic Development Conditional Grant Agreement Between Max Holdings, LLC And The City Of Port Arthur Section 4A Economic Development Corporation (12) P.R. No. 22076 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Commercial Lease Agreement With Lamar State College Port Arthur For Its Culinary And Hospitality Program At 549 4th Street (The Press Building) (13) P.R. No. 22077 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Engage The Services Of Nance International, Inc., Of Beaumont, Texas, For The Replacement Of A Compressor Sled For The HVAC System At 501 Procter Street In An Amount Not To Exceed $11,225.00; Funds Available In EDC Account No. 120-80-625-5312-00-00-000 (14) P.R. No. 22078 — A Resolution Authorizing The City Manager To Enter Into A Professional Services Contract With RWL Group For Risk Management Consulting Services At The Not To Exceed Cost Of $15,000.00 For The 2021-2022 Fiscal Year. Fund Number: 612- 11-025-5410-00-00-000 (15) P.R. No. 22079 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $12,175.79 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As Result Of Property Damage To Code Enforcement Unit #2363 6 AGENDA August 17, 2021 VIII. CONSENT AGENDA — CONTINUED (16) P.R. No. 22080 — A Resolution Authorizing The City Manager To Execute Settlement Of A Property Physical Damage Claim In The Amount Of $90,205.65 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage At Church, Open And Gibson Fields At Adams Park (17) P.R. No. 22082 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 Between The City Of Port Arthur And BDS Constructors, LLC DBA MK Constructors Of Vidor, Texas, Extending The Contract Time For Sixty (60) Days At No Additional Costs, For The Pioneer Park Lift Station Rehabilitation Project (18) P.R. No. 22083 — A Resolution Authorizing A Professional Services Agreement With Davidson Troilo Ream & Garza, A Professional Corporation To Serve As Interim Legal Counsel For The Port Arthur Section 4A Economic Development Corporation In The Not To Exceed Amount Of $60,000.00; Funds Available In PAEDC Account No. 120-80-625-5420-00-00-000 (19) P.R. No. 22084 — A Resolution Authorizing The City Manager To Terminate The Lease With Dave H. Gissleberg For The City Owned Property Commonly Referred To As The Old Vacant And Abandoned Pump Station Located Along Highway 87 To Sabine Pass Near Keith Lake (20) P.R. No. 22085 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $22,803.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Water Administration Unit #2268 (21) P.R. No. 22091 — A Resolution Designating And Establishing The 2nd Annual Eddie Ray Brown Showdown, Texas VS Louisiana Amateur Boxing Entertainment Area For 2021, Designating Lion Hearted Boxing Academy As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof AGENDA August 17, 2021 VIII. CONSENT AGENDA — CONTINUED (22) P.R. No. 22092 — A Resolution In Support Of The Community In- Power And Development Association's Port Arthur/Golden Triangle Environmental Justice Initiative IX. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22043 — A Resolution Approving A Workforce Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Digital Workforce Academy For The Training Of Ten (10) Port Arthur Residents To Obtain A NCCER Pipefitter 1 Certification In An Amount Not To Exceed $27,000.00; Funds Available In EDC Acct. #: 120-80-625-5475-00-00-000 (2) P.R. No. 22081 — A Resolution Authorizing The City Manager To Enter Into A Real Estate Sale Contract Between The City Of Port Arthur And Port Of Port Arthur, For The Purchase Of City Owned Properties Referenced As Tracts 1, 2, 4, 5, 7, & 8 In The Port's Offer Letter (3) P.R. No. 22088 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Purchase Four (4) Additional Network Switches From DataVox In The Amount Of $9,759.94. Funds Available In Account 120-80-625-8522-00-00-000 (4) P.R. No. 22095 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Moses And Mayor Pro Tern Frank) B. Ordinances — Non-Consent (1) P.O. No. 6986 — An Ordinance Approving The Appraisal Rolls For The Year 2021 And Receiving Determinations From The Tax Assessors Under Section 26.04 Of The Texas Property Tax Code 8 AGENDA August 17, 2021 IX. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.O. No. 6989 — An Ordinance Amending Chapter 78, Article II, Division 5 Of The Personnel Policy Of The City Of Port Arthur As It Pertains To Attendance And Leave By Adding Section 78-191 — Providing For Paid Quarantine Leave In Conformity With (House Bill 2073) Section 180.008 Of The Texas Local Government For Detention Officers, Certified Emergency Medical Technicians, Fire Fighters And Police Officers X. *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 9 AGENDA August 17, 2021 X. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (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 International Association of Fire Fighter (IAFF) Local 397 And The Port Arthur Police Association (PAPA) (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City Limits Of Port Arthur (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City's ETJ/Industrial District (5) Section 551.087 Government Code — To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospects *The Items In Executive Session May Be Discussed And Acted On In Open Session XI. 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 August 18, 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 *************************************************** 10 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.