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HomeMy WebLinkAboutJULY 20, 2021 REGULAR MEETING AGENDA 9:30 AM THURMAN BILL BARTIE,MAYOR J RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of G CITY MANAGER COUNCIL MEMBERS: , Ati> SHERRI BELLARD,TRMC INGRID HOLMES C CITY SECRETARY CAL J.JONES % ort rthu� THOMAS J.KINLAW III VAL TIZENO KENNETH MARKS Texas CITY ATTORNEY CHARLOTTE MOSES AG EN DA City Council Regular Meeting July 20, 2021 9:30 a.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 20, 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 City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations — None C. Employee Recognition (1) Recognition Of The Lift Station Maintenance Team, Wastewater Conveyance Division Of The Utility Operations Department D. Correspondence — None E. Discussion — None • Immir AGENDA July 20, 2021 IV. PUBLIC HEARINGS — 10:00 A.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 (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 July 20, 2021 VI. UNFINISHED BUSINESS (1) 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) 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 Report — None B. Minutes — None C. Resolutions (1) P.R. No. 22013 — A Resolution Authorizing The City Manager To Execute A Contract With The Solco Group, LLC Of Beaumont, Texas For Engineering And Design Services For Port Arthur Transit's (PAT) Parking Lot Expansion Located At 320 Dallas Avenue, Port Arthur, Texas In The Amount Not To Exceed $131,284.00. Funding Is Available In Account 401-70-530-8512-00-60-000 (2) P.R. No. 22015 — A Resolution Authorizing The City Manager To Reject The Two (2) Proposals For A Construction Manager For Port Arthur Transit (PAT) Construction Projects 3 AGENDA July 20, 2021 VII. CONSENT AGENDA — CONTINUED (3) P.R. No. 22029 —A Resolution Authorizing The City Manager To Enter Into An Agreement With Schaumberg & Polk, Inc. For The Investigation, Engineering Design, And Demolition Management Of An Abandoned Water Distribution Line With A Not To Exceed Amount Of $97,000.00; Project Is Projected To Be Budgeted And Completed In The FY 2021 CIP Account No. 405-40-000-8516-00-00-000, Water Utility Systems (4) P.R. No. 22031 — A Resolution Authorizing The City Manager To Terminate The Agreement For Independent Professional Services Between The City Of Port Arthur And Laura Kay Emmert, Medical Laboratory Technologist, Due To Her Retirement (5) P.R. No. 22032 —A Resolution Authorizing The City Manager To Enter Into An Agreement For Independent Professional Services Between The City Of Port Arthur And Steven Moore, A Medical Laboratory Technologist, To Provide Contract Services For The City's Laboratory, Account Number 001-23-061-5470-00-50-000, Other Contractual Account. Funds In The Amount Of $30,000.00 Were Budgeted In The FY 2021 Budget And The Proposed FY 2022 Budget (6) P.R. No. 22033 — A Resolution Authorizing The City Manager To Execute A Proposal With Kraftsmans Commercial Playgrounds And Water Parks Of Spring, Texas For The Purchase And Installation Of A Steel Shelter Shade Structure At The Lakeview Project Area Located At 5200 7th Street, Through Texas BuyBoard Cooperative Purchasing Contract No. 592-19, For The Total Not To Exceed Amount Of $114,035.70; Funding Is Available In Account Number 307-25-067-8525-00-10-000 Project Number PR0003 (7) P.R. No. 22035 — A Resolution Authorizing The City Manager To Execute An Agreement With The Construction Managers Of Southeast Texas Of Port Arthur, Texas Through Region VIII Educational Service Center - Interlocal Purchase System (TIPS) To Replace Interior Light Fixtures At Equipment Services Two (2) Maintenance Shops Located At Ho Mills, In An Amount Not To Exceed $35,271.00; Funds Available In Account 307-21-049-8512-00-10- 000 4 AGENDA July 20, 2021 VII. CONSENT AGENDA — CONTINUED (8) P.R. No. 22038 — A Resolution Authorizing The Third Year, Final Renewal Of The Contract With Siddons-Martin Emergency Group Of Port Arthur And Houston, Texas, For Preventative Maintenance And Repair To Fire Department Fire Apparatus And Other Special Response Vehicles, With A Projected Budgetary Impact Of $325,000.00; Funding Is Available In Fire Department Motor Vehicle Maintenance Account No. 001-19-047-5319-00-30-000 (9) P.R. No. 22041 — A Resolution Authorizing The City Manager To Submit An Application To The Land And Water Conservation Fund Outdoor Recreation Legacy Partnership Program For Improvements And Enhancements To Rose Hill Park VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22036 — A Resolution Nominating A Member And/Or Members To The Board Of Directors Of The Orange County Appraisal District For The 2022 — 2023 Term (2) P.R. No. 22037 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Downtown Tax Increment Reinvestment Zone TIRZ #1 Board (3) P.R. No. 22046 — A Resolution Authorizing The Waiver Of Building Permit Fees In The Not To Exceed Amount Of $11,484.00 Associated With Port Arthur Section 4A Economic Development Corporation Phase 2 Reconstruction Of The Press Building Located At 549 4th Street, Port Arthur, Jefferson County, Texas B. Ordinances — Non-Consent (1) P.O. No. 6982 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code AGENDA July 20, 2021 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.O. No. 6983 — An Ordinance Authorizing The Sale Of City Owned Property Adjacent To 6255 Jade Avenue, Legally Described As Tract 4, Lot 8, Block 14 Port Acres Addition, And Execution Of A Special Warranty Deed Thereof 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 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 — Attorney Consultation To Provide Advice And Counsel In Connection With The City's Rights, Duties, Privileges, And Obligations In Connection With Pending Litigation And Negotiations With The International Association of Fire Fighter (IAFF) Local 397 6 AGENDA July 20, 2021 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (3) Section 551.087 Government Code — Attorney Consultation To Provide Advice And Counsel In Connection With The City's Rights, Duties, Privileges, And Obligations In Connection With Pending Litigation And Negotiations With The Port Arthur Police Association (PAPA) (4) Section 551.071 Government Code — To Discuss The Duties And Responsibilities Of The City Attorney, City Manager, City Secretary and Municipal Court Judge (5) Section 551.087 Government Code—To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 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 *************************************************** 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.