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HomeMy WebLinkAboutDECEMBER 20, 2021 SPECIAL MEETING 9:30 AM THURMAN BILL BARTIE,MAYOR RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of = CITY MANAGER COUNCIL MEMBERS: IP, SHERRI BELLARD,TRMC. INGRID HOLMES CITY SECRETARY' CAL J.JONES u r t r t lr u r THOMAS J.KINLAW 111 VAL TREND KENNETH MARKS Texus CITY ATTORNEY DONALD FRANK,SR CHARLOTTE MOSES AG E N DA City Council Special Meeting December 20, 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. CST On Monday, December 20, 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: 831 2239 2564 And Passcode: 684893 (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 Special Meeting City Hall Council Chamber City Of Port Arthur December 20, 2021 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartle 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. ACTION ITEM To Discuss And Possibly Take Action Regarding The Cancellation Of The 5:30 P.M. December 20, 2021 City Council Meeting, Pursuant To Section 2-51 Of The Code Of Ordinances III. PROCLAMATIONS Proclamations IV. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations — None C. Employee Recognition — None D. Correspondence — None E. Discussion — None AGENDA December 20, 2021 V. PUBLIC HEARINGS — 10:00 A.M. — NONE 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 2 AGENDA December 20, 2021 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 Reports (Al) Mayor Thurman Bartie: Virtual National League Of Cities November 17, 2021 $560.00 (A2) Mayor Pro Tern Donald Frank, Sr: Virtual National League Of Cities November 17, 2021 $475.00 (A3) Councilmember Ingrid Holmes: Virtual National League Of Cities November 17, 2021 $475.00 (A4) Councilmember Thomas Kinlaw, III: Virtual National League Of Cities November 17, 2021 $560.00 (A5) Councilmember Kenneth Marks: Virtual National League Of Cities November 17, 2021 $475.00 (A6) Councilmember Charlotte Moses: Virtual National League Of Cities November 17, 2021 $560.00 3 AGENDA December 20, 2021 VIII. CONSENT AGENDA — CONTINUED B. Minutes November 17, 2021 Special Meeting November 30, 2021 Special Meeting (Executive Session) November 30, 2021 Regular Meeting December 7, 2021 Regular Meeting December 14, 2021 Special Meeting (Executive Session) C. Resolutions (1) P.R. No. 21976 — A Resolution Authorizing The Cleaning, Inspection, And Repair Of Fire Department Structural Firefighting Personal Protective Equipment By Delta Fire & Safety, Inc. Of Port Neches, Texas With A Projected Budgetary Impact Of $45,500.00; Funding Is Available In Account No. 001-19-047-5420-00-30-000 Professional Services (2) P.R. No. 21977 — A Resolution Authorizing The Repair And Waterproofing Of Port Arthur Fire Department Fire Station 6 Located At 4448 9th Avenue By SETEX Facilities & Maintenance LLC Of Beaumont, Texas With A Projected Budgetary Impact Of$59,894.91; Funding Is Available In Account No. 156-07-015-5312-00-40-000. Project No.: LAUR19-GRE-BUM (3) P.R. No. 22002 — A Resolution Authorizing The Third Year (Second Renewal) Of The Contract With SIRSIDYNIX Of Lehi, Utah For The Integrated Library System (ILS) At The Port Arthur Public Library In The Amount Of $16,834.06. Funds Are Available In Library Account No. 001-27-071-5470-00-20- 000 (4) P.R. No. 22233 — A Resolution Authorizing The City Manager To Submit Projects For The Texas Department Of Transportation's Highway Safety Improvements Program To Provide Funding For The Construction Of Traffic Safety Improvement Projects. There Will Be No Budgetary Impact For The Application 4 AGENDA December 20, 2021 VIII. CONSENT AGENDA — CONTINUED (5) P.R. No. 22260 — A Resolution Authorizing The City Manager To Purchase 504 Garbage Cans From Otto Environmental Systems North America, Inc., Of Charlotte, North Carolina, Under H-GAC Contract No. RC01-21, In The Not-To-Exceed Amount Of $33,037.20 Funding Is Available In The Public Works Department Solid Waste Residential Garbage Division — Minor Equipment, Account Number 403-50-310- 5240-00-00-000 (6) P.R. No. 22263 —A Resolution Authorizing The City Manager To Enter Into A Contract With Sigma Engineers Of Beaumont, Texas, In The Not To Exceed Amount Of $36,770.00 For Architectural And Design Services For The COVID Vaccination Clinic In The New Health Facility Located At 5860 9th Avenue, Port Arthur, Jefferson County, Texas; Funding Available In Capital Project No. B00006-ENG (7) P.R. No. 22264 — A Resolution Authorizing The City Manager To Purchase A Finn T120 Hydro-Seeder (Bio Cover Sprayer) From Romco Paving Equipment Of Houston, Texas, Through BuyBoard Contract 597-19 In The Not-To-Exceed Amount Of $74,319.00. Funding Is Available In The Capital Reserve Account No. 625-50-000- 8522-00-00-000 (8) P.R. No. 22265 —A Resolution Approving The Contract Between The City Of Port Arthur And Oscar Enriquez, MD To Act As The City's Health Authority And Supervising Physician For The Employee Health Services Clinic For A Total Contract Amount Of $60,000. Funds Are Budgeted In The FY 2022 General Fund Professional Service Account 001-23-061-5470-00-50-000, Employee Health Professional Service Account 001-23-063-5420-00-50-000 And Fire Department Professional Service Account No. 001-19-047-5420-00- 30-000 (9) P.R. No. 22268—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 From January 1, 2022 Through September 30, 2022 With A Cost Not To Exceed $4,500.00; Funding Available In Account Number 001-01-008-5470-00-10-000 (MA0009) 5 AGENDA December 20, 2021 VIII. CONSENT AGENDA — CONTINUED (10) P.R. No. 22272 — A Resolution Approving An Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Gulfway Shopping Center For An Amount Not To Exceed $67,500.00; Funds Available In EDC Account No. 120-80-625-5478-00-00-000 (11) P.R. No. 22273 — A Resolution Approving An Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Mid Co. Shopping Plaza, LLC For An Amount Not To Exceed $108,911.73; Funds Available In EDC Account No. 120-80-625-5478-00-00-000 (12) P.R. No. 22274 — A Resolution Approving Amendment No. 1 To The Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Port Arthur Recycling, LLC (13) P.R. No. 22275 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation's Small Business & Entrepreneur Initiative Business Accelerator Program (14) P.R. No. 22276 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract For The Mowing Of Highway 73 Business Park With Joey's Tractor Service Of Port Arthur, Texas, In An Amount Not To Exceed $12,000.00 Annually; PAEDC Funding Account No. 120-80-625- 5479-00-00-000 (15) P.R. No. 22277 — A Resolution Approving A Pre-Employment Workforce Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur For The Training Of Port Arthur Residents As Class A & B Commercial Drivers In An Amount Not To Exceed $75,000.00; Funds Available In EDC Account No. 120-80-625-5475- 00- 00-000 6 AGENDA December 20, 2021 VIII. CONSENT AGENDA — CONTINUED (16) P.R. No. 22280 — A Resolution Awarding A Contract To Leeds Environmental Services In The Amount Of $26,623.50 And Authorizing The Execution Of A Contract By The City Manager For Demolition Of Six (6) Residential Structures (Group C) Located Throughout The City, To Be Charged To Account No. 001-13-035- 5470-00-10-000 (General Fund — Other Contractual Service) (17) P.R. No. 22281 — A Resolution Awarding A Contract To Leeds Environmental Services In The Amount Of $27,213.85 And Authorizing The Execution Of A Contract By The City Manager For Demolition Of Six (6) Residential Structures (Group D) Located Throughout The City, To Be Charged To Account No. 001-13-035- 5470-00-10-000 (General Fund-Other Contractual Service) (18) P.R. No. 22282 — A Resolution Awarding A Contract To Straightline Services In The Amount Of $30,110.40 And Authorizing The Execution Of A Contract By The City Manager For Demolition Of Seven (7) Residential Structures (Group E) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) (19) P.R. No. 22283 — A Resolution Awarding A Contract To Cross Plus Construction In The Amount Of $28,900.00 And Authorizing The Execution Of A Contract By The City Manager For Demolition Of Six (6) Residential Structures (Group F) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) (20) P.R. No. 22284 — Resolution Awarding A Contract To Straightline Services In The Amount Of $31,816.50 And Authorizing The Execution Of A Contract By The City Manager For Demolition Of Six (6) 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) AGENDA December 20, 2021 VIII. CONSENT AGENDA — CONTINUED (21) P.R. No. 22288 —A Resolution Authorizing The Lease Of Office Space Located Within 501 Procter Street By The City Of Port Arthur Section 4A Economic Development Corporation To The Solco Group, LLC (22) P.R. No. 22290 — A Resolution Authorizing The Purchase Of A Hip Shade Canopy For Peoples Park Located At 547 Procter Street From Kraftsman Of Spring, Texas Through Texas BuyBoard Cooperative Purchasing Contract No. 592-19 In The Amount Of $45,106.96; Funding Available Account Number 001-25-065-8522-00-20-000 (23) P.R. No. 22291 — A Resolution Requesting The Ratification Of The Repairs To Equipment No. 2342, Caterpillar D8T Dozer, For The Landfill By Mustang CAT Of Beaumont, Texas, In The Amount Of $10,701.32 For A New Total Of $69,192.32. Funds Are Available In The Landfill Equipment Maintenance Account No. 403-50-320-5318- 00-00-000 (24) P.R. No. 22292 — A Resolution Authorizing The City Manager To Purchase A 2022 Freightliner M2-106 15 Cubic Yard Tandem Dump Truck From Houston Freightliner Of Houston, Texas Through HGAC Purchasing Program, Contract No. HT06-20 In An Amount Not To Exceed $117,629.71; Funding Available In Capital Account No. 625- 25-000-8523-00-00-000 (25) P.R. No. 22294 — A Resolution Authorizing The Allocation Of Funds For Engineering, Design, And Construction Of Infrastructure Improvements Along Woodworth Boulevard Between SH 87 (Gulfway Drive) And Lakeshore Drive In The Projected Budgetary Amount Of $3,000,000.00. Funding For The Project Is Available In The FY 2022 Capital Improvement Budget, Account Number 307-21- 053-8517-00-10-000 (26) P.R. No. 22295 — A Resolution Authorizing The City Manager To Purchase Two (2) Kubota Boom Mowers From Beaumont Tractor Of Beaumont, Texas, Through Sourcewell Cooperative Purchasing Contract Number 070821 In The Amount Of $143,500.00 Each, For A Total Amount Of $287,000.00; Funding Available In Account Number 625-25-000-8522-00-000-00 8 AGENDA December 20, 2021 IX. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22286 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Holmes) (2) P.R. No. 22299 — A Resolution Authorizing The January 4, 2022 Regularly Scheduled Council Meeting Date To Be Rescheduled (Requested By Mayor Bartle) B. Ordinances — Non-Consent (1) P.O. No. 7013 — An Ordinance Authorizing The Retirement Of Police Canine "Judge" And Transferring The Ownership Of The Canine To The Personal Care Of Officer Jimmy Whitehead (2) P.O. No. 7021 —An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (3) P.O. No. 7022 — An Ordinance Amending Chapter 90 (Special Events), Article I (In General) Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Special Events Held Within The City, And Providing For Publication (4) P.O. No. 7023 — An Ordinance Of The City Council Of The City Of Port Arthur, Texas, Amending Section 106-121 Of Chapter 106 Of The Code Of Ordinances As It Pertains To Traffic, Designating The Hours Of 7:30 A.M. To 9:00 A.M. And 2:30 P.M. To 4:30 P.M. For One-Way Streets On 27th Street Between 9th Avenue And 6th Avenue At Bob Hope School Located At 2849 9th Avenue And Providing For An Effective Date And For Publication. 9 AGENDA December 20, 2021 IX. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (5) P.O. No. 7024 — An Ordinance Of The City Council Of The City Of Port Arthur, Texas, Amending Chapter 106 — Traffic, Article III — Specific Street Regulations, Division 4 — Speed, Section 106-143 — Speed On State And Federal Highways Of The Code Of Ordinances Of The City Of Port Arthur, Texas, To Establish The Maximum Prima Facie Speed Limit For State Highway 73 From Mile Post 20.762 East To Mile Post 24.163; Authorizing The Posting Of Proper Signs; Repealing Conflicting Ordinances; Containing A Savings Clause; Prescribing A Penalty Of Up To Five Hundred Dollars ($500.00) For Each Violation Thereof; And Providing For The Publication And Effective Date Thereof. 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 551.074 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 10 AGENDA December 20, 2021 X. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (2) Section 551.087 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City Limits Of Port Arthur (3) Section 551.087 Government Code—To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospects (4) Section 551.087 Government Code—To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Edith's Place and The Balloon Barn) *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 9:30 AM On December 21, 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 *************************************************** II 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.