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HomeMy WebLinkAboutAUGUST 31, 2021 REGULAR MEETING THURMAN BILL BARTIE,MAYOR Energy S RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of Crn' W CITY MANAGER COUNCIL MEMBERS: `` SHERRI BELLARD,TRMC INGRID HOLMES CITY SECRETARY CAL J.JONES r 4ri5 r THOMAS J. KINLAW III � VAL TIZENO KENNETH MARKS CITY ATTORNEY DONALD FRANK,SR CHARLOTTE MOSES AG E N DA City Council Regular Meeting August 31, 2021 5:30 PM 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 August 31, 2021 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: 889 8186 8119 And Passcode: 680923 (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 Regular Meeting City Hall Council Chamber City Of Port Arthur August 31, 2021 5:30 PM 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) Greg Richard Regarding The Kingdom Of Saudi Arabia AKA Arabia MOTIVA (2) Ivan Mitchell Regarding Unleashed Dogs (3) A Presentation By Dr. Delena King Regarding The 2020 Census B. Presentations (1) A Presentation By David Belvin and ITEX Group Concerning The City Of Port Arthur's Support For The Application Made By Port Arthur Stonegate Manor, LP For Private Activity Bonds For Low- Income Housing Tax Credits AGENDA August 31, 2021 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation By Christopher Fuller, Ph.D., RATES, Inc., Liv Haselback, Ph.D., Lamar University, And Rosa Fitzgerald, Ph.D., University Of Texas At El Paso (3) A Presentation By Donald Stanton, Interim Director of Utilities Regarding Emergency Repairs On The 46th Street Lift Station (4) A Presentation By Staff Regarding The July Financial Report (5) Pamela D. Langford, Director Of Development Services/Assistant City Manager And Valecia R. Tizeno, City Attorney Regarding Proposed Updates/Amendments To The Code Of Ordinances (6) A Presentation By The City Manager Regarding Federal Funding Opportunities C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. (1) To Receive And Consider Public Comment For All Interested Citizens With Regard To The City Of Port Arthur's Proposed Annual Operating Budget And Capital Improvement Program For The Fiscal Year Beginning October 1, 2021 And Ending September 30, 2022. The Port Arthur Section 4A Economic Development Corporation's Operating Budget Will Also Be Considered. The Public Will Also Be Able To View The Public Hearing Via The City's Website At www.portarthurtx.gov THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR'S BUDGET BY $1,695,759.00 OR 7.68% AND OF THE AMOUNT, $534,730.00 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR mimmimmes 2 AGENDA August 31, 2021 V. FY 2021-2022 BUDGET ACTION ITEM (1) To Consider Taking Action On The Adoption Of The City Of Port Arthur's Proposed Annual Operating Budget And Capital Improvement Program For The Fiscal Year Beginning October 1, 2021 And Ending September 30, 2022 *ROLL CALL VOTE REQUIRED 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 rAGENDA August 31, 2021 VI. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED **Possible Action May Not Be Discussed In Conjunction With The Information Provided In The Report VII. UNFINISHED BUSINESS — NONE 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/Expense Request — None B. Minutes August 03, 2021 Special Executive Meeting August 03, 2021 Regular Meeting August 09, 2021 Special Meeting August 17, 2021 Regular Meeting August 24, 2021 Special Meeting C. Resolutions (1) P.R. No. 21960 — A Resolution Rescinding The Award For A Mowing Contract With Williams Transport Of Lumberton, Texas For Groups 11 & 12 And Terminating The Contract With Whit's Grass Cutting Of Port Arthur, Texas For Group 3C For Mowing Of Various City Properties, Parks, & Right-Of-Ways 4 AGENDA August 31, 2021 VIII. CONSENT AGENDA — CONTINUED (2) P.R. No. 21979 — A Resolution Authorizing The City Manager To Renew Miscellaneous Pipeline Easement Nos. ME20110107 And ME20110108 With The State Of Texas General Land Office For The Purpose Of Operating And Maintaining The Existing Highway 87 South Waterline Improvements That Serve The Sabine Pass Area For A Total Projected Budgetary Cost Of $2,000.00; Funding Is Available In 410-40-215-5401-00-00-000 (3) P.R. No. 22006 — A Resolution Authorizing The City Manager To Enter Into A Contract With Webb's Uniforms, LLC. Of Spring, Texas, Under BuyBoard Contract No. 587-19, For The Purchase Of Uniforms For The Fire Department, With A Projected Budgetary Impact Of $50,000.00; Funding Available In Fire Department Account No. 001-19-047-5251-00-30-000 (4) P.R. No. 22020 — A Resolution Authorizing The Purchase Of Furniture And Fixtures For The City Of Port Arthur Emergency Operations Center From Hernandez Office Solutions Of Nederland, Texas, Through TXMAS Contract #TXMAS-19-7106, In The Amount Of $48,289.39; Funding Available In Account No. MA7903-OTH- OCS (5) P.R. No. 22090 — A Resolution Authorizing The Acceptance Of A Donation From Golden Pass LNG In The Amount Of $7,731.02 To Facilitate The City Of Port Arthur's Participation With Crime Stoppers Of Southeast Texas (6) P.R. No. 22100 — A Resolution Authorizing The City Manager To Execute Amendment Number 7 To The Neighborhood Stabilization Program 1 (NSP 1) Agreement Between The City Of Port Arthur And The Texas Department Of Housing And Community Affairs (TDHCA) To Extend The Contract Expiration Date From August 31, 2021, To A New Termination Date Of August 31, 2022 5 AGENDA August 31, 2021 VIII. CONSENT AGENDA — CONTINUED (7) P.R. No. 22101 — A Resolution Approving Settlement Of Wind Damage Claims In The Amount Of $217,050.21 Made Against Certain Underwriters At Landmark American Insurance Company (Through Agent USI Southwest Inc., El Paso) Due To Hurricane Laura (August 27, 2020) To Various City Properties (8) P.R. No. 22103 — A Resolution Authorizing The City Manager To Negotiate A Contract With Freese & Nichols, Inc. Of Pearland, Texas, For The Construction Phase Services Of The Main Wastewater Treatment Plant Rehabilitation Project Located At 6300 Procter Street Extension (9) P.R. No. 22104 — A Resolution Approving The Contract Between The Texas Department Of Family And Protective Services And The City Of Port Arthur For The Nurse-Family Partnership Program In The Not To Exceed Amount Of $4,250,000.00 For The Grant Period September 1, 2021 Through August 31, 2026 (10) P.R. No. 22105 — A Resolution Authorizing The Execution Of A Three-Year Switched Ethernet Service Pricing Agreement With AT&T In The Annual Amount Of $41,895.00. Funding Available In Information Technology Communication Account 001-09-023-5482- 00-10-000- (11) P.R. No. 22106 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction (12) P.R. No. 22107 — A Resolution Authorizing The City Manager To Negotiate With The Ten (10) Pre-Qualified Engineering Firms Over The Next Two Years To Provide Consulting Engineering Services For Roadway Projects 1\ (13) P.R. No. 22109 — A Resolution Authorizing The Installation Of A High Frequency Radar Network For Texas Bays And Ports At The Pleasure Island Pier By The University Of Texas At El Paso, Lamar University, And Research Applied Technology Education Services, Inc. There Will Be No Funding Impact 6 AGENDA August 31, 2021 VIII. CONSENT AGENDA — CONTINUED (14) P.R. No. 22111 — A Resolution Authorizing The Second Year (1st Renewal) Of The Contract With Farrwest Environmental Supply, LLC Of Schertz, Texas To Lease, Calibrate And Maintain Fire Department Hazardous Materials Monitoring And Detection Equipment And Entry Suits, Through BuyBoard Cooperative Purchase Contract #EP11-17 In The Amount Of $63,897.30; Funding Available In Account No. 001-19-047-5318-00-30-000 In FY2022 Budget (15) P.R. No. 22112 — A Resolution Authorizing The City Manager To Execute Change Order Numbers 4 Thru 7 To The Contract With Triangle Rotating Equipment Specialist Of Orange, Texas For Phases 1 Thru 4 In The Decreasing Amount Of $49,445.12 For Deletion Of Landfill Pump Station And Addition Of Rentals For A New Contract Total Of $635,402.62 And Extending Contract 327 Days Funding In Hurricane Harvey Account No. 147-07-015-8515- 00-40-000, Project No. DS2617 (16) P.R. No. 22113 — A Resolution Authorizing The City Manager To Execute Contracts Between Its Third Party Administrator (Administrative Services Only) For The City Of Port Arthur Group Medical, Dental Insurance, Basic Life, Basic Accidental Death And Dismemberment, And Excess Loss Indemnity With Blue Cross And Blue Shield Of Texas, Inc. Fund No: 614-11-025-5411-00-00-00 (Health Insurance) (17) P.R. No. 22114 — A Resolution Authorizing The City Manager To Execute Contracts Between Its Third Party Administrator (Blue Cross And Blue Shield Of Texas, Inc.) For The City Of Port Arthur's Blue Cross Medicare Advantage PPO And Prescription Drug Plan For Its Medicare Eligible Retirees And/Or Medicare Eligible Dependent(s), And Authorizing The City Manager To Execute All Documents Fund No: 614-11-025-5127-00-00-00 (Health Insurance Fund) AGENDA August 31, 2021 IX. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22098 — A Resolution Nominating A Member And/Or Members To The Board Of Directors Of The Jefferson Central Appraisal District For The 2022 — 2023 Term B. Ordinances — Non-Consent (1) P.O. No. 6994 — An Ordinance Authorizing The Sale Of Surplus Furniture/Minor Equipment By A Public Online Auction Through Rene Bates Auctioneers, Inc. (2) P.O. No. 6995 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (3) P.O. No. 6996 — An Ordinance Adopting The Texas Film Commission's Updated Film Friendly Texas Guidelines And Permit Application For The City Of Port Arthur And Officially Designating Port Arthur As "Film Friendly Texas" Certified X. 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 September 1, 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.