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HomeMy WebLinkAboutNOVEMBER 9, 2021 REGULAR MEETING AGENDA 9:30 A.M. THURMAN BILL BARTIE,MAYOR Energy RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of C;r, CITY MANAGER COUNCIL MEMBERS: I- SHERRI BELLARD,TRMC INGRID HOLMES CITY SECRETARY' CAL J.JONES o r t r t{t u r THOMAS J. KINLAW III VAL TREND KENNETH MARKS ` CITY ATTORNEY DONALD FRANK,SR CHARLOTTE MOSES AG E N DA City Council Regular Meeting November 9, 2021 9:30 A.M . The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 9:30 A.M. On Tuesday, November 9, 2021 By Telephonic And Videoconference In Addition To Allowing In Person Attendance. A Quorum Of The City Council Will Be Physically Present In The City Council Chamber, Fifth Floor, City Hall, 444 Fourth Street Port Arthur, Texas. The Public May Participate In The Meeting In Person Or By Dialing One Of The Following Toll-Free Numbers And Entering The Meeting ID: 859 2233 7326 And Passcode: 896899 (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 Hall Council Chamber City Of Port Arthur November 9, 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 I City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) A Presentation By Dimitri Roberts Of SevenStar, Inc. Pertaining To A Contactless Policing Application For Safer And Accountable Interactions (2) A Presentation By Craig Taffaro From Adrurra Group LLC Regarding The Quarterly Report (3) A Presentation By Kelvin L. Solco P.E. Founder Of The Solco Group, LLC Regarding Introduction To The Local Engineering Firm (4) A Presentation By Staff Regarding The Relocation Of The Animal Shelter (Requested By Councilmember Kinlaw) AGENDA November 9, 2021 III. PETITIONS & COMMUNICATIONS — CONTINUED (5) A Presentation By Staff Regarding The Relocation Of The Health Department (Requested By Councilmember Kinlaw) C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 10:00 A.M. To Receive And Consider Public Comment For All Interested Citizens With Regard To A Zoning Change From Single family "SF" To Industrial "I" Legal Description: Approximately 39.589-Acres Of Land Consisting Of Lots 3, 4, 5 And 6, Block 3, Range "C", Port Arthur Land Company Subdivision, City Of Port Arthur, Jefferson County, Texas The Public Will Also Be Able To View The Public Hearing Via The City's Website At www.portarthurtx.gov V. 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; AGENDA November 9, 2021 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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 VI. UNFINISHED BUSINESS — NONE VII. 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 Reports Request For Pre-Approval Of Travel Pursuant To 78-269 (b) (8) Of The Code Of Ordinances Of The City Of Port Arthur (Al) Mayor Thurman Bartie: International Conference Of Shopping Centers Las Vegas, NV December 4 — 8, 2021 $2,421.04 AGENDA November 9, 2021 VII. CONSENT AGENDA — CONTINUED B. Minutes October 22, 2021 Special Meeting October 26, 2021 Special Meeting October 26, 2021 Special Meeting (Executive Session) October 26, 2021 Regular Meeting C. Resolutions (1) P.R. No. 22149 — A Resolution Authorizing The Payment For The City Of Port Arthur's Cost Share For The P25 Upgrade Of The Southeast Texas Regional Radio System (SETRRS) To The City Of Beaumont In The Amount Of $86,468.38; Funding Is Available In Account Number 001-17-045-5491-00-30-000 (2) P.R. No. 22178 —A Resolution Authorizing The City Manager To Enter Into An Agreement With McInnis Construction, Inc. Of Silsbee, Texas For Phase III Repairs To The Department Club In The Amount Of $258,500.00. Funds Available In Account 307-21-049-8512-00-10- 000, Project No. B00011 (3) P.R. No. 22197 — A Resolution Authorizing The Director Of Water Utilities To Purchase Various Degreasers And Biological Aids And Delineating Procedures For The Purchase Of Such Chemicals, With A Projected Budgetary Impact Of $72,000.00 From Water Utilities Wastewater Conveyance Account No. 410-40-220-5217-00-00-000, Treatment Chemicals And And Water Utilities Wastewater Treatment Account No. 410-40- 225-5217-00-00-000, Treatment Chemicals (4) P.R. No. 22200 — A Resolution Authorizing The City Manager To Purchase A Caterpillar D5 LGP VPAT Tractor Bulldozer From Mustang CAT Of Beaumont, Texas, Through BuyBoard Contract Number 597- 19, In A Not To Exceed Amount Of $343,148.98. Funds Are Available In The Capital Reserve Equipment Replacement Public Works Solid Waste Equipment - Account Number 625-50-000-8522-00-00-000 4 AGENDA November 9, 2021 VII. CONSENT AGENDA — CONTINUED (5) P.R. No. 22201 — A Resolution Authorizing The Acceptance Of A Sponsorship From The Convention And Visitors Bureau In The Amount Of $2,500.00 To Facilitate The City Of Port Arthur's Holiday Downtown Event (6) P.R. No. 22218 — A Resolution Authorizing The Second Year (Final Renewal) Contract Between The City Of Port Arthur And Southeast Texas Lawn & Maintenance Of Beaumont, Texas For Grass Cutting Services For Neighborhood Stabilization Program (NSP) And City Owned Properties With An Annual Projected Budgeted Amount Not To Exceed $30,975.00 (7) P.R. No. 22219 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Paramount Design & Development Of Beaumont, Texas, For The Reconstruction Of Four (4) Homes, Increasing The Original Contract Amount By $5,089.00 To A New Contract Total Of $663,814.80, And Requesting City Council Authorization For The Expenditure Of Contingency Funds In The Amount Of $15,000.00. Funds Will Be Provided From Account No. 105-13-033-5470-00-40- 000, Project Numbers CD5115, CD6145, CD7145, And The Texas Department Of Housing And Community Affairs Home Disaster Program (8) P.R. No. 22220 — A Resolution Confirming The Uniform Tax Abatement Policy For A Two (2) Year Term Pursuant To Chapter 312 Of The Texas Property Code (9) P.R. No. 22222 — A Resolution Authorizing Payment Of An Invoice From South East Texas Regional Planning Commission For Membership Dues In The Amount Of $29,284.40 For The Fiscal Year Ending September 30, 2022. City Manager Contingency Account #001-01-005-5470-00-10-000, Project # MA0008 5 AGENDA November 9, 2021 VII. CONSENT AGENDA — CONTINUED (10) P.R. No. 22223 — A Resolution Authorizing The City Manager To Execute An Agreement With SCS Engineers Of Bedford, Texas, For The Period Of November 2021 Thru August 2022 For Groundwater, Gas, And Air Quality Monitoring Services In A Total Not-To-Exceed Amount Of $83,000.00. Funding Is Available In The Public Works Landfill Division — Regulatory Fees/Fines Account Number 403-50- 320-5470-00-00-000 (11) P.R. No. 22225 — A Resolution Authorizing The Purchase Of Twenty- Five (25) Portable Radios And Fifteen (15) Mobile Radios And Their P-25 Compliant Component Accessories For The Fire Department From Motorola Solutions Of Houston, Texas, Through HGAC Contract RA05-21, In The Amount Of $207,185.91; Funding Is Available In Account No. 001-19-047-8522-00-30-000 Equipment (12) P.R. No. 22227 — A Resolution To Reprogram $39,678.97 From The Expired Community Development Block Grant (CDBG) Contracts With Gift Of Life, Port Cities Rescue Mission, First Baptist Outreach Center, And Liberty Height To The 2021 CDBG Keep The City Clean Program (13) P.R. No. 22228 — A Resolution Authorizing The Execution Of A Contract For The Purchase Of Fire Hydrants For The Water Utilities Department With Core & Main, LP Of Beaumont, Texas With A Projected Budgetary Impact Of $75,000.00. Funds Are Available In Account No. 410-40-215-5315-00-00-000, Water System Maintenance (14) P.R. No. 22230 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $465,634.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Landfill Compactor #1636 (15) P.R. No. 22231 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $9,056.07 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To City Hall AC Unit 6 AGENDA 1 November 9, 2021 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21933 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Construction Board Of Adjustments And Appeals (Requested By Councilmember Jones) (2) P.R. No. 22086 — A Resolution Requesting The Ratification Of The Emergency Repairs To The 46th Street Lift Station For The Water Utilities Department By ALLCO, LLC Of Beaumont, Texas With A Budgetary Impact Of $784,981.46; Funds Are Available In Water Utilities Capital Improvement Fund Account No. 405-40-000-8516- 00-00-000, Water Utility Systems, Project STRING WS0010-CON (3) P.R. No. 22226 — A Resolution Authorizing The Approval Of A Financing Proposal For $1,585,280.00 From PNC Equipment Finance, LLC To Lease/Purchase Fire Equipment (4) P.R. No. 22206 — A Resolution Authorizing The City Manager To Purchase One Pierce Fire Apparatus For The Fire Department Via The BuyBoard Cooperative Purchasing Program Contract 651-21 From Siddons-Martin Emergency Group Of Denton, Texas, With Offices In Port Arthur, Texas In The Amount Of $1,585,280.00; Funding Available In Capital Improvement Account Number 307-19-047- 8522-00-10-000, Project CE0003-OTH (5) P.R. No. 22216 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Police Chief Advisory Committee (Requested By Mayor Bartle) (6) P.R. No. 22224 — A Resolution Authorizing The November 23, 2021 Regularly Scheduled Council Meeting Date To Be Rescheduled (7) P.R. No. 22246 — A Resolution Appointing And/Or Reappointing Members(s) To The Historical Landmark Commission (8) P.R. No. 22248 — A Resolution Appointing A Member And An Alternate To The Industrial District Contract Compliance Committee AGENDA November 9, 2021 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (9) P.R. No. 22251 — A Resolution Casting Votes For The Board Of Directors Of The Orange County Appraisal District For The Term Ending December 31, 2023 B. Ordinances — Non-Consent (1) P.O. No. 7012 — An Ordinance Reconsidering P.O. 7001 Amending Chapter 86 (Solid Waste), Article IV (Fees, Charges And Billing Procedures), Section 86-112 (Residential Garbage) And Section 86- 114 (Commercial Refuse) Of The Code Of Ordinances, City Of Port Arthur, Texas, By Increasing The Service Rate Of The First Toter By $2.50 To $20.50 As It Pertains To Rates For Residential, Changing The Rate Of The Additional Commercial Containers By Removing The Discounted Price For The Second, Third, And Fourth Containers, And Providing For Publication And Proposed 10% Commercial Refuse Service Fee Increase. (Requested By Mayor Bartie; Mayor Pro Tern Frank; And Councilmember Moses) IX. *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 8 AGENDA November 9, 2021 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED 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 — To Discuss And Receive Legal Advice From The City Attorney Concerning A Potential And/Or Pending Litigation Claim Between The City Of Port Arthur And Jefferson County Regarding The Housing Of Prisoners (3) Section 551.071 Government Code — Attorney Client Privilege To Discuss A Matter In Which The Duty Of The Attorney To The Governmental Body Under The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas Clearly Conflicts With The Open Meetings Act (4) 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 (5) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Attorney, City Manager, City Secretary and Municipal Court Judge (6) Section 551.087 Government Code —To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect In The.City's ETJ/Industrial District *The Items In Executive Session May Be Discussed And Acted On In Open Session 9 AGENDA November 9, 2021 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 9:30 AM On November 10, 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.