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HomeMy WebLinkAboutJULY 13, 2021 REGULAR MEETING AGENDA 5:30 P.M. THURMAN BILL BARTIE,MAYOR Energy _1 RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of City CITY MANAGER COUNCIL MEMBERS: 1b1 SHERRI BELLARD,TRMC INGRID HOLMES — CITY SECRETARY CAL J.JONES t1 t't t't h uu r THOMAS J. KINLAW III VAL TREND KENNETH MARKS Tc°.zas CITY ATTORNEY CHARLOTTE MOSES AG E N DA City Council Regular Meeting July 13, 2021 5:30 p.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 July 13, 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) Tammy Kotzur, Executive Director Of The Port Arthur Convention And Visitors Bureau Regarding The Texas Parks And Wildlife For The Designation Of"Bird City" B. Presentations (1) A Presentation By Karen Kennard Regarding Legislative Update C. Employee Recognition (1) Recognition Of The Lift Station Maintenance Team, Wastewater Conveyance Division Of The Utility Operations Department AGENDA July 13, 2021 III. PETITIONS & COMMUNICATIONS (2) Recognition Of Solid Waste Employees, Trash Division Of The Department Of Public Works D. Correspondence — None E. Discussion (1) A Discussion Regarding The Agenda Posting Process (Requested By Mayor Pro Tern Frank) IV. PUBLIC HEARINGS — 6:00 P.M. — NONE 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; (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 AGENDA July 13, 2021 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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 Withdrawr For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Travel/Expense Request — None (Al) Mayor Thurman Bartie: Legislative Wrap — Up Austin, Texas June 20 — 22, 2021 $797.30 (A2) Mayor Pro Tem Donald Frank: Legislative Wrap — Up Austin, Texas June 20 — 22, 2021 $812.40 (A3) Councilmember Cal Jones: Legislative Wrap — Up Austin, Texas June 20 — 21, 2021 $649.95 3 AGENDA July 13, 2021 VII. CONSENT AGENDA — CONTINUED (A4) Councilmember Ingrid Holmes: Legislative Wrap — Up (Reimbursement For Registration) Austin, Texas June 20 — 21, 2021 $175.00 (A5) Mayor Thurman Bartle: National League Of Cities Summer Virtual Event Series (Reimbursement) July 8 — 9, 2021 $40.00 B. Minutes June 14, 2021 Regular Meeting June 22, 2021 Regular Meeting C. Resolutions (1) P.R. No. 21847—A Resolution Authorizing The City Manager To Enter Into A 5-Year Master Grant Agreement (MGA) With The Texas Department Of Transportation (TXDOT) For Management And Administration Of Port Arthur Transit's State And Federal Funds (2) P.R. No. 22011 —A Resolution Authorizing The City Manager To Enter Into A State Plan Of Operation Agreement Between The Defense Logistics Agency And The Port Arthur Police Department For Receiving Excess Equipment To Assist With Counter-Drug/Counter Terrorism, Disaster Related Emergency Preparedness Or Border Security Activities (3) P.R. No. 22021 —A Resolution Authorizing The City Manager To Enter Into An Inter-Local Agreement Between Jefferson County, The City Of Beaumont And The City Of Port Arthur For The 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) And Receive Funding In The Amount Of $28,730.00, No Cash Match Requirement 4 AGENDA July 13, 2021 VII. CONSENT AGENDA — CONTINUED (4) P.R. No. 22022 —A Resolution Authorizing The City Manager To Enter Into Memoranda Of Understanding (MOU) Between The Texas Department Of Public Safety And The Port Arthur Police Department Regarding State Vehicle Weight Enforcement Inspections And Commercial Vehicle Enforcement Authority (5) P.R. No. 22024 — A Resolution Authorizing The City Manager To Execute Amendment No. 3 To The Software As A Service Agreement With Tyler Technologies To Add The Virtual Court And Case Management Modules For The Incode Court System For An Additional Annual Amount Of $8,640.00. Funds Available In Capital Improvement Project No. IT1006-OTH-EQU Account 307-09-023- 8522-00-10-000 (6) P.R. No. 22025 —A Resolution Authorizing The City Manager To Enter Into A Memorandum Of Understanding Between The City Of Port Arthur And KaBoom! To Establish A Public-Private Partnership For Collaboration On Community Playspace Projects (7) P.R. No. 22026 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract With Triangle Rotating Equipment Specialist Of Orange, Texas For Phase 2, In The Amount Of$10,650.00 For Deletion Of Repair Services And Addition Of A New Pump Golf Course Pump Station For A New Contract Total Of $684,847.74 Funding In Hurricane Harvey Account No. 147-07-015- 8515-00-40-000, Project No. DS2617 (8) P.R. No. 22027 — A Resolution Authorizing The City Manager To Execute A Contract With Bickerstaff Heath Delgado Acosta, LLP Of Austin, Texas For Redistricting Services, In An Amount Not To Exceed $50,000.00, Account No. 001-05-013-5420-00-10-000; And Account No. 001-03-007-5420-10-000 (9) P.R. No. 22028 — A Resolution Of The City Of Port Arthur, Texas Designating The Officer Or Employee Responsible For Complying With Section 26.04 Of The Texas Tax Code AGENDA July 13, 2021 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21941 — A Resolution Supporting An Application With The Texas Parks And Wildlife Department For The City Of Port Arthur To Be Designated As A "Bird City" • (2) P.R. No. 22019 — A Resolution Authorizing The Port Arthur Public Library To Change Its Operating Hours (3) P.R. No. 22030 — A Resolution Confirming The Appointment Of The Fire Chief/Department Head For The City Of Port Arthur (4) P.R. No. 22034 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development To Replace The Air Conditioning Evaporator Coil And High And Low Pressure Sensors At 501 Procter Street By Nance Commercial & Industrial HVAC&R Services Of Beaumont, Texas For An Amount Not To Exceed $23,940.00; Funds Available In EDC Account No. 120-80-625-5312-00-00-000 B. Ordinances — Non-Consent (1) P.O. No. 6975 — An Ordinance Adding Section 18-44 To Chapter 18 Of The Code Of Ordinances As It Pertains To Economic Incentives For New Commercial Entities Providing For An Effective Date And For Publication (2) P.O. No. 6976 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (3) P.O. No. 6977 — An Ordinance Adding Section 106-225 To Chapter 106 Of The Code Of Ordinances As It Pertains To Traffic And As To Prohibit Parking On Portions Of Seventh (7th) Street, Providing For An Effective Date And For Publication (Requested By Councilmember Jones) (4) P.O. No. 6979 — An Ordinance Authorizing The Sale Of Register/Transmitter Units 6 AGENDA July 13, 2021 IX. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (5) P.O. No. 6980 — An Ordinance Amending Article II (Personnel Policy) By Adding Section 78-272 — Education Program For The Mayor And City Councilmembers (Requested By Mayor Bartle) 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 July 14, 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 *************************************************** 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.