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HomeMy WebLinkAbout2020-23-03 Regular Meeting of the La Porte City Council LOUIS RIGBY 0 A BILL BENTLEY Mayor 10 Councilperson District 3 BRANDON LUNSFORD Mayor Pro-Tern Councilperson At Large A v ///jjj THOMAS GARZA STEVE GILLETT // Councilperson District 4 Councilperson At Large B ; i — DANNY EARP ,k�� JAY MARTIN Councilperson District 5 Councilperson District 1 / NANCY OJEDA CHUCK ENGELKEN Councilperson District 6 Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE MARCH 23, 2020 The City Council of the City of La Porte met in a regular meeting on Monday, March 23, 2020, at the City Hall Council Chambers,604 West Fairmont Parkway, La Porte,Texas, at 6:00 p.m.,with the following in attendance: Councilpersons present: Louis Rigby, Brandon Lunsford, Steve Gillett, Thomas Garza, Jay Martin Councilpersons attending remotely: Danny Earp, Chuck Engelken, Bill Bentley, Nancy Ojeda Councilpersons absent: None Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney 1. CALL TO ORDER— Mayor Rigby called the meeting to order at 6:06 p.m. 2. INVOCATION AND PLEDGES—The invocation was given remotely by Minister Alicia Green, Pleasant Hill Church of Deliverance, and the pledges of allegiance to the U.S. and Texas flags were led by Councilperson Danny Earp. 3. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) • David Janda spoke in concern of a November election date and offered suggestions to mitigate public health concerns. Chuck Rosa said La Porte was experiencing communism, in opposition to moving the May election!date. Mayor Rigby reminded the Council that the adopted parliamentary authority was Robert's Rules of Order, which provides for each member to be recognized twice for no more than ten minutes each time, on each question. 4. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) a. Approve the minutes of the regular session held on March 9, 2020. [Mayor Rigby] b. Approve the continuance of utilizing Gall's for the purchase of La Porte Police Department uniform items under Buy Board Contract#587-19. [Steve Deardorff, Chief of Police] Councilperson Engelken moved to approve the consent agenda; the motion was adopted, 9-0. 5. PUBLIC HEARINGS a. The City Council will hold a public hearing to receive comments regarding adoption of Ordinance 2020-3785, extending the Juvenile Curfew Ordinance as written for an additional three- (3-) year term. [Steve Deardorff, Chief of Police] Mayor Rigby opened the public hearing at 6:22 p.m. Police Chief Steve Deardorff gave a brief presentation. Kyle Roebuck spoke in support of the ordinance and supported sending it to local businesses. Mayor Rigby closed the public hearing at 6:44 p.m.The item was not posted for action and will come back at a future meeting. 6. STATUTORY AGENDA a. Presentation, discussion, and possible action to award RFP#20503 for Delinquent Ad Valorem Tax Collection Services. [Michael Dolby, Finance Director] Page 1 of 3 March 23, 2020, Council Meeting Minutes Councilperson Earp moved to cancel this RFP and go out again without including information from other cities; the motion was adopted, 6-3, Councilpersons Gillett and Martin and Mayor Rigby voting against, b. Presentation, discussion, and possible action on the 2020 annual evaluation process for City Council appointed employees of the City of La Porte. [Mayor Rigby] Councilperson Garza moved to suspend the rules and take up 6b after item 7a; the motion was adopted, 9-0. Councilperson Garza moved to direct the Human Resource Manager to revise the process for the 2020 evaluations for the City Manager, City Secretary, and Municipal Judge to hold the evaluations before the May 2 election and annually thereafter [later clarifying that the employees' anniversary dates would not change]. Councilperson Gillett moved to amend the motion so that outgoing Councilpersons would provide evaluations and the employees' review and anniversary dates would not be changed. The amendment was adopted, 9-0. The main motion, as amended, was adopted, 9-0. c. Presentation, discussion, and possible action to adopt Ordinance 2020-3786 amending the City Council Rules of Procedure by inserting an item 6.06 (F) relating to the limits of debate. [Mayor Rigby] Councilperson Garza moved to adopt Ordinance 2020-3786 amending the City Council Rules of Procedure by inserting new language as 6.06 (F) to eliminate the general limits of debate; the motion was not seconded. Councilmember Garza moved to adopt Ordinance 2020-3786 amending the City Council Rules of Procedure by inserting new language as 6.06 (F) to allow a total of twenty minutes per member per question. The motion did not receive a second and was not considered. 7. ELECTION MATTERS a. Presentation, discussion, and possible action to postpone the May 2, 2020, General Election to November 3, 2020, as per the provisions to Governor Abbott's March 18, 2020, proclamation and the direction of the Texas Secretary of State. [Mayor Rigby] Councilperson Garza moved that the City Council direct staff to keep the May uniform election date and consolidate election precincts to City Hall, and have the staff bring forward for consideration an ordinance to amend the order of election. Councilperson Ojeda moved to amend by striking to keep the May uniform election date and consolidate election precincts to City Hall and insert Option 5 Ito move to November and contract with Harris County, while keeping open the option of other election dates, if offered and palatable). Councilperson Garza appealed from the decision of the chair that the amendment was germane; the decision was sustained, 5-4, Councilpersons Garza, Gillett, Lunsford, and Bentley voting against. The amendment did not receive a second and was not considered. The main motion was adopted, 7-2, Councilpersons Gillett and Ojeda voting against.Without objection,the Council agreed to meet for a special session on March 30 to amend the order of election. 8. ADMINISTRATIVE REPORTS • Zoning Board of Adjustment meeting, March 27 • Drainage and Flooding Committee meeting, April 13 • City Council meeting, April 13 • City Council meeting, April 27 Mr. Alexander thanked the IT Department for their diligence in providing the remote access options. He proposed that the budget retreat be rescheduled for May 9. Mr.Alexander noted the staff was keeping abreast of the COVID- 19 recommendations and that staffing changes may be enacted. 9. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. Page 2of3 March 23, 2020, Council Meeting Minutes Councilpersons thanked the members and City staff for the remote meeting participation and social distancing precautions; encouraged adherence to the hygiene recommendations; asked that updates to the City website and social media platforms continue to be kept current;wished good health to all; thanked the Mayor and City leadership for their work during these trying times; noted that it's respectful to maintain efficient meeting practices; urged candidates to work in the confines of the current conditions; felt it was responsible to push back the budget retreat; asked the Council to consider including the successful candidates from the election in the budget retreat; expressed concern for the employees and citizens; urged all to use good judgement in preparing for COVID-19; asked for reconsideration of the number of times members were able to speak on an item; noted the meeting was somewhat unprecedented; confirmed that the disaster declaration would be on the special meeting agenda for March 30; recognized how the community was turning out to support local restaurants and businesses; announced the Harris County Judge would be providing an additional order in the morning; the Mayor let the public know the ways in which he has been in touch throughout the current disaster and offered words of optimism and resilience. ADJ SURN—W' ho t objection, Mayor Rigby adjourned the meeting at 9:25 p.m. oodwar., i y -tary Page 3 of 3 March 23, 2020, Council Meeting Minutes 2020 General Election COVID-19 Considerations March 23, 2020 Thereisalotofmaterialto covertonight.Thedecisions aretheCouncil’s.TheCSOis readytomoveforwardwith anydirectionoftheCouncil. We expected the Governor to offer… -Reduced early voting period -Increased mail balloting options -Other Instead,… …theGovernorofferedtheopportunity (nottherequirement)tomovetothe Nov.3,2020,uniformelectiondate. Instead,… …theGovernoralsorequiredcountiesto offertocontractforNov.3withentitiesthat requestit. (Countieswithoutanappointedelections administrator(EAsinECCh.31&41),likeHarris County(ECSec.12.001),areonlyrequiredtooffer tocontractinMayofodd-numberedyears.) Why the November option only? TheGov.andtheSec.ofState(SoS)arealso jugglingprimaryrunoffelections;theabilityof otherentities(cities&ISDs)tohaverunoffs; pressurefrompoliticalpartiesregardingtheir district,state,&nationalconventions;and theNov.electiondateitself. AsofFriday,March20,theSec.ofState’s(SoS) staffandtheCity’selectionequipmentproviders (whichalsoprovidesprogrammingandtabulation services)wererecommendingcitieslikeLaPorte movetoNov.andcontractwithHarrisCounty. HoldingaNov.2020electionorcontractingwith HarrisCountyduetoCOVID-19wouldnotchange theCity’snormalelectionscheduleforfuture years.Onlycontinuingpandemicconditionsor otherstate-mandatedactionwoulddoso. May 2 election date considerations -MostoftheCity’selectionworkersareinCOVID-19primerisk groupsduetoage. -Theelectionworkersmaychoosenottoworkoutoffear. -VoterturnoutmayalsobeaffectedbyCOVID-19concerns. -TheremaybeapoorpublicresponsetotheMaydate. -Candidatescannotconducttraditionalcampaignactivities. -Itisalreadydifficulttoordersanitationsuppliesneededfor pollinglocations. -Theremaybeaheavierdemandforcurbsidevotingcoupled withareductioninworkers,causingvotingdelays. May -maybe 700 in-person voters? May ’20May ’19Dec. ’18May ’18May ’17May ’16 BBMapplications 855 +2690958316167 Total votes cast 1074160313971049411 in election (Votes castcalculations from an at-large race in each election. General election cancelled in 2016, no opposed races; only Fire ESDon City ballot.) May 2 contract with LPISD(EC Chs. 31, 123, & 271) -LPISDwillconsiderelectiondatesatitsmeetingtomorrow night. -LPISDmayhavetheoptionforeitherdate(perEduc.Code Sec.11.0581,CSObelievesLPISDmetitsobligationtoholda jointelection,similarlytothesituationwhenonepartyisable tocancel,butLPISDmustconsulttheirlegalcounsel;theCSO cannotanddoesnotprovidelegaladviceorinterpretstate statute). Who can authorize mass mail balloting? -ItappearsthatonlytheLegislaturecanauthorizeextending mailballotingtovotersituationsnotalreadyprovidedforin theElectionCode.ItisnotaCitydecision. -Currentprovisionsarefor: -age, -beingoutofthepoliticalsubdivisionduringearlyvotingandon electionday, -jail, -disability, -militaryservice/temporaryresidenceoutsidetheU.S. Nov. 3 election date considerations -Willitbeflu/COVID-19seasonagain? -Runoffelectionswillpotentiallyhaveearlyvotingbegin aroundThanksgiving,withanelectiondayinearlyDec. -Alotofattentionfocusedonfederalandstatepartisanraces. -Riskofvoterfatigueduetolongerballot. -AreholdoverCouncilmemberswillingtoserve? -AbilitytocontractwithHarrisCounty,providingcountywide votingtoanyLPvoter;highnumberofpollinglocations; possiblylongerearlyvotinghours. Calendar regarding May 2 What are other area cities doing? AlreadyuseNovemberuniformelectiondate: -Baytown -LeagueCity(contractswithHarris&GalvestonCounties) What are other area cities doing? Cancelledelection,noopposedracesnorany ballotmeasures: -Shoreacres -Morgan’sPoint -Angleton What are other area cities doing? TryingtokeepMaydate,asofthisweekend: -Pearland,whichcontractswithBrazoriaCounty,butisgoing todiscusstonight. -Kemah’sCityCouncilhasnotofficiallydiscussed/madea decision. What are other area cities doing? MovingtoNov.3for2020only: -Friendswood(normallycontractswithGalvestonCounty, whichdeclinedtoprovideMay-even-numberedyear agreementthisyear;FriendswoodalsocontractswithHarris CountyforthepartoftheircityinHarris) -SeabrooktakingproposaltotheirCounciltomorrow -NassauBay,ClearLakeShores -DeerParkhasscheduleditemtomovefortheirApril7 meeting(concernedaboutnotbeingabletohavepublic forumstodiscussthemeasuretheyhaveontheballot). Of interest… -OnFriday,theCityofDentonCityCouncilmet.Theyhave beenincontactwithTMLtourgetheGovernortoconsider otherdates.They“adoptedanordinancetopostponeboth ourGeneralandSpecialElectionsforCityCouncilseatsto November3rd,butfirsttheCityistosubmitarequestto GovernorAbbotttoconsiderestablishinganelectionbefore rd …”,possiblyAugust8. November3 -TMLhasalistoffurtherstatutoryconsiderations,includingthis, thattheyarecommunicatingwiththeGovernor’sofficeon. The CSO has five options for your consideration. OPTION 1 Makenochangesandcontinueworking ontheMay2electionasset. Noadditionalactionrequiredunless/until otheroptionsorrequirementsareissuedby theGovernor/TexasLegislature/President. OPTION 2 KeepMay2dateandconsolidateMayelectionearly votingandelectiondaypollinglocationstoasingle pollingplaceatCityHalltoaddresspossiblereduction inelectionworkerswillingtoworkandthepotential demandforcurbsidevoting. NeedtoholdaspecialsessiononorbeforeMarch30to amendtheorderofelectiontoreflectthischange. OPTION 3 MovetotheNovember3electiondateandcontract withHarrisCounty. NeedtoholdaspecialsessiononorbeforeMarch30 toamendtheorderofelectiontoreflectthischange. AtthattimeorupuntilAugust,therearesome additionalprovisionsthatneedtobeaddressedinthe order/ordinance. OPTION 4 MovetotheNovember3electiondateanddonot contractwithHarrisCounty. NeedtoholdaspecialsessiononorbeforeMarch30 toamendtheorderofelectiontoreflectthischange. AtthattimeorupuntilAugust,therearesome additionalprovisionsthatneedtobeaddressedinthe order/ordinance. OPTION 4 Thisisbasicallynotaviableoption.HarrisCounty providescountywidevoting,withapossible100-150+ pollinglocations.TheCity,ifHarrisCountywouldagreeto it(notlikely,duetoprogrammingissues),couldholdearly votingatCityHall,but,onelectionday,theCitywould havetoprovideajudge,twoclerks,andatleastone pieceofaccessible(hearing/vision/wheelchair)voting andeveryHarrisCountypolling equipmentineach location. OPTION 5 AdoptsomethingliketheCityofDentondid,tomoveto theNov.3dateandcontractwithHarrisCounty,unlessa morepalatabledateorotherprovisionspreferredbythe CityCouncilbecomeavailable. NeedtoholdaspecialsessiononorbeforeMarch30to amendtheorderofelectiontoreflectthischange.At thattimeorupuntilAugust,therearesomeadditional provisionsthatneedtobeaddressedinthe order/ordinance.