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HomeMy WebLinkAboutNOVEMBER 30, 2021 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYOR E,,,.,r.. RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City Of Crn CITY MANAGER COUNCIL MEMBERS: It& SHERRI BELLARD,TRMC INGRID HOLMES CITY SECRETARY CAL J.JONES 0rt rthur THOMAS J. KINLAW III VAL TREND KENNETH MARKS �` '`' CITY ATTORNEY DONALD FRANK,SR CHARLOTTE MOSES AG E N DA City Council Regular Meeting November 30, 2021 5 :30 P. M . The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 5:30 P.M. CST On Tuesday, November 30, 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: 825 9312 4367 And Passcode: 579488 (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 Regular Meeting City Hall Council Chamber City Of Port Arthur November 30, 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) Rickie Sadberry Jr. And Darrick McGriff Regarding The Port Arthur Jazz Festival (2) Paula Chavis Regarding Issues With Traffic Control At Bob Hope School (3) Harold L. Doucet Sr. Regarding The Travel Request Policy B. Presentations (1) A Presentation By Staff Regarding The October Financial Report (2) A Presentation By Staff Regarding Port Arthur Transit (PAT) AGENDA November 30, 2021 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) A Presentation By Staff Regarding The Status Of The Potential Relocation Of Fire Stations #2 And #3 (Requested By Councilmember Kinlaw) C. Employee Recognition — None D. Correspondence — None E. Discussion — None 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 7 AGENDA November 30, 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 Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Travel Expense Reports — None B. Minutes November 9, 2021 Regular Meeting C. Resolutions (1) P.R. No. 21908 — A Resolution Authorizing The Acceptance Of A Sponsorship From Valero In The Amount Of $5,000.00 To Facilitate The City Of Port Arthur's Holiday Downtown Event AGENDA November 30, 2021 VII. CONSENT AGENDA — CONTINUED (2) P.R. No. 21935 —A Resolution Authorizing The City Manager To Enter Into A Contract With Fittz & Shipman, Inc. Of Beaumont, Texas For Professional Engineering Design Services Associated With The Planning And Design For The Repaving Of The Boat Ramp And Fishing Pier Located At Pleasure Island In An Amount Not To Exceed $145,750.00; Funding Made Available Through A Planning Grant From The Texas Parks And Wildlife Department With A 25% Matching Requirement ($109,312.50 Funded By Texas Parks And Wildlife; $36,437.50 Provided By The City Of Port Arthur) In Account Number 152-60-415-8525-00-00-000 Project No. PI0001 (3) P.R. No. 21938 — A Resolution Updating And Affirming The Investment Policies Of The City Of Port Arthur For The 2021-2022 Fiscal Year (4) P.R. No. 22093 — A Resolution Calling For A Public Hearing To Consider Granting A Zoning Change From Single Family To Planned Development District - 42 For Approximately 3.562 (Called 3.5625) Acres Of Land Consisting Of Tract II, Reserve "B", Fairway Estates, City Of Port Arthur, Jefferson County, Texas (5) P.R. No. 22198 — A Resolution Approving An Industrial District Agreement With Sunoco Pipeline L.P. (6) P.R. No. 22208 — A Resolution Authorizing The City Manager To Purchase One (1) 2022 Ford F-550 Herbicide Truck From Silsbee Ford Of Silsbee, Texas For The Parks And Recreation Department Through The GoodBuy Cooperative Purchase Program, Product Pricing Number 21 8F000 In The Amount Of $61,044.75; Funding Is Available From Capital Reserve Account Number 625-25-000-8522- 00-00-000 (7) P.R. No. 22221 — A Resolution Approving An Industrial District Agreement With Colonial Pipeline Company 4 f AGENDA November 30, 2021 VII. CONSENT AGENDA — CONTINUED (8) P.R. No. 22229 — A Resolution Authorizing The Director Of Water Utilities To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals, With An Estimated Combined Budgetary Impact Of $1,645,000.00. Funding Available In Water Utilities Account Nos. 410-40-210-5217-00-00-000, $1,510,000.00, (Treatment Chemicals) And 410-40-225-5217-00-00-000, $135,000.00 (Treatment Chemicals) (9) P.R. No. 22232 — A Resolution Authorizing The City Manager To Purchase Cisco Duo Multi-Factor Authentication (MFA) Licenses With A Licensing Period Of Three Years From DISYS Solutions Inc. Of Ashburn, Virginia And Austin, Texas Through The Texas Department Of Information Resources Contract No. DIR-TSO-4167. Funding For The Amount Of $45,360.00 Is Available In The Information Technology Account 001-09-023-5450-00-10-000 (10) P.R. No. 22234 — A Resolution Approving The Closing Of The Economic Development Conditional Grant Agreement Between AREF 1, LTD. And The City Of Port Arthur Section 4A Economic Development Corporation (11) P.R. No. 22236 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Accept A Proposal From Liquid Environmental Solutions For Grease Trap Service At 549 4th Street ("The Press Building") With Estimated Annual Budgetary Impact Of $2,500.00 Funds Available In Account No. 120-80-625- 5470-00-00-000 (12) P.R. No. 22237 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Purchase Five (5) Small Form Computers From Dell Technologies In The Amount Of $5,835.55. Funds Available In Account 120-80-625-5241-00-00-000 (13) P.R. No. 22238 — A Resolution Approving Amendment No. 1 To The Economic Incentive Contract And Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Clifford Distilling, LLC 5 AGENDA November 30, 2021 VII. CONSENT AGENDA — CONTINUED (14) P.R. No. 22239 — A Resolution Approving The Termination Of A Commercial Lease Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The Port Arthur Greater Minority Chamber Of Commerce (15) P.R. No. 22241 — A Resolution Approving A Pre-Employment Workforce Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar Institute Of Technology (LIT) For The Training Of Port Arthur Residents In The Police Academy In An Amount Of $2,600.00 Per Resident And A Total Amount Not To Exceed $23,400.00; Funds Available In EDC Account No. 120-80-625-5475-00-00-000 (16) P.R. No. 22242 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Tuition Assistance Agreement For Port Arthur Resident Trainees Selected For Enrollment Into Lamar Institute Of Technology Police Academy In The Amount Of $2,600.00 Per Resident And A Total Not To Exceed Amount Of $23,400.00; Funds Available In EDC Account No. 120-80-625-5475-00-00-000 (17) P.R. No. 22243 — A Resolution Approving A Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur For Tuition Reimbursement For Five (5) Port Arthur Resident High School Graduates Attending A 2-Year Associate Degree Program Not To Exceed $67,500.00; Funds Available In EDC Account No. 120-80- 625-5475-00-00-000 (18) P.R. No. 22244 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Utilize Pre- Employment Workforce Training Funds To Implement A 2022 Youth Employment Program In An Amount Not To Exceed $83,200.00; Funds Available In EDC Account No. 120-80-625-5115-00-00-000 (19) P.R. No. 22247 — A Resolution Authorizing The Filing Of An Application With The U. S. Environmental Protection Agency (EPA) For A FY 2022 Brownfields Area-Wide Assessment Grant For $500,000.00. Grant Number EPA-OLEM-OBLR-21-04 6 AGENDA November 30, 2021 VII. CONSENT AGENDA — CONTINUED (20) P.R. No. 22249 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Interlocal Cooperation Contract With Spindletop Center (MHMR) To Participate In The Mental Health Liaison Program (21) P.R. No. 22255 — A Resolution Approving An Industrial District Agreement With Exxonmobil Oil Corporation VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21924 — A Resolution Authorizing The December 21, 2021 Regularly Scheduled Council Meeting Date To Be Rescheduled (Requested By Mayor Bartle) (2) P.R. No. 22108 — A Resolution As It Pertains To The Housing Of Prisoners And Authorizing The City Manager To Execute An Intergovernmental Contract Between The City Of Port Arthur And Jefferson County, Texas (3) P.R. No. 22199 — A Resolution Appointing A Member Or Members To The Construction Board Of Adjustments And Appeals (4) P.R. No. 22235 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An Amended Commercial Five (5) Year Lease Agreement With Lamar State College Port Arthur For Its Culinary And Hospitality Program At 549 4th Street (The Press Building) (5) P.R. No. 22240 — A Resolution Authorizing The Renewal Of A Lease Agreement For Office Space Located Within 501 Procter Street Between The City Of Port Arthur Section 4A Economic Development Corporation And Nathan Rivers --- --------t AGENDA November 30, 2021 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (6) P.R. No. 22245 — A Resolution Approving A Contract For Retention Of Guy N. Goodson And Kate K. Leverett Of Germer PLLC As Legal Counsel For The City Of Port Arthur Section 4A Economic Development Corporation, With A Projected Budgetary Impact Of $120,000.00; PAEDC Funding Account No.: 120-80-625-5420-00-00- 000 (7) P.R. No. 22252 — A Resolution Honoring The Service Of The Honorable Judge Kermit C. Morrison, Jr. (8) P.R. No. 22253 — A Resolution Appointing A Municipal Court Judge For The City Of Port Arthur And Establishing The Terms Of Employment In Accordance With Article VIII Of The Charter Of The City Of Port Arthur, Texas B. Ordinances — Non-Consent (1) P.O. No. 7014 — An Ordinance Amending Chapter 78 Of The Code Of Ordinances By Adding Section 78-103(b) To The Code Of Ordinances (2) P.O. No. 7015 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code IX. 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 1, 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 *************************************************** 8 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.