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HomeMy WebLinkAboutJANUARY 11, 2022 REGULAR MEETING AGENDA 9:30 A.M. THURMAN BILL BAR FIE,MAYOR Emig,• RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of - city - CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD, I RMIC INGRID HOLMES ti CITY SECRETARN' CAL J.JONES n r 1 /"r h r THOMAS J. KINLAW III VAL TIZENO KENNETH MARKS Texas CITY ATTORNEY DONALD FRANK,SR CHARLOTTE MOSES AG EN DA City Council Regular Meeting January 11, 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. On Tuesday, January 11, 2022 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: 820-7696-5677 And Passcode: 180291 (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 Meeting City Hall Council Chamber City Of Port Arthur January 11, 2022 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 (1) Harold Doucet Regarding Use Of Special Purpose Funds B. Presentations (1) A Presentation By Staff Regarding The November Financial Report (2) A Presentation By Staff Regarding Vacant Positions C. Employee Recognition — None D. Correspondence — None 1 AGENDA JANUARY 11, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion (1) A Brief Overview By Mayor Bartie Regarding The International Conference Of Shopping Centers, Per Pursuant To 78-269(b) (9) Of The Code Of Ordinances Of The City Of Port Arthur(Ordinance No. 18-63) (2) A Discussion Regarding Garbage Pick-Up (Requested By Councilmembers Holmes And Jones) 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 2 AGENDA JANUARY 11, 2022 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 Request/Expense Reports (A1) Mayor Thurman Bartle: International Conference Of Shopping Centers Las Vegas, Nevada December 5 — 8, 2021 $2,829.84 B. Minutes December 20, 2021 Special Meeting C. Resolutions (1) P.R. No. 22133 —A Resolution Authorizing The City Manager To Allow The Police Department To Apply For The Motiva First Responders Grant, With No Cash Match AGENDA JANUARY 11, 2022 VII. CONSENT AGENDA — CONTINUED (2) P.R. No. 22266 — A Resolution Authorizing Revisions To The City's Homebuyer Assistance Program Guidelines For Homebuyer Activities (3) P.R. No. 22267 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1138 8th Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (4) P.R. No. 22269 — A Resolution Authorizing An Amendment To The Contract Between The City Of Port Arthur And Traylor And Associates, Inc., Providing For An Additional Two-Year Term For The Administration Of The Community Development Block Grant Disaster Recovery (CDBG-DR) — Hurricane Harvey Buy-Out Program Grant With No Additional Budgetary Impact Amount (5) P.R. No. 22270 — A Resolution Authorizing An Amendment To The Contract Between The City Of Port Arthur And Traylor And Associates, Inc., Providing For An Additional Two-Year Term For The Administration Of The Community Development Block Grant - Disaster Recovery (CDBG-DR) — Hurricane Harvey Non - Housing Projects - Infrastructure Program Grant With No Additional Budgetary Impact Amount (6) P.R. No. 22271 — A Resolution Authorizing The City Manager To Amend The Interdepartmental Agreement With The Development Services Department As It Pertains To The Community Development Block Grant Coronavirus (CDBG-CV3) Funding Account Number #105-13-033-5470-00-40-000; Project # COV300.GRE.00S (7) P.R. No. 22298 — A Resolution Authorizing The Execution Of Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 2826 9th Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program 4 AGENDA JANUARY 11, 2022 VII. CONSENT AGENDA — CONTINUED (8) P.R. No. 22301 — A Resolution Authorizing The City Manager To Execute A Contract With IPS Pump Services Of Houston, Texas For The Maintenance And Rebuild Of High Service Pump No. 903 At The Water Purification Plant For A Total Not To Exceed Amount Of $37,215.00; Funding Available In Account No. 410-40-210-5318-00- 00-000, Equipment Maintenance (9) P.R. No. 22305 — A Resolution Authorizing The City Manager To Execute A Contract With IPS Pump Services Of Houston, Texas For The Maintenance And Rebuild Of Raw Water Transfer Pump No. 102 At The Water Purification Plant In The Total Not-To-Exceed Amount Of $29,250.00; Funding Available In Account No. 410-40-210-5318- 00-00-000, Equipment Maintenance (10) P.R. No. 22307 — A Resolution Authorizing The City Manager To Terminate The Contract With Schaumburg & Polk, Inc., Of Beaumont, Texas As It Pertains To The Investigation, Engineering Design, And Demolition Of An Abandoned Water Distribution Line (11) P.R. No. 22308 — A Resolution Authorizing The Purchase Of Two (2) Replacement Blowers For The Water Utilities Department, Wastewater Treatment Division, With ACFM, Inc., Of Houston, Texas With A Projected Budgetary Impact Amount Of $40,516.00. Funds Are Available In Account Number 410-40-225-5318-00-00-000, Equipment Maintenance (12) P.R. No. 22309 — A Resolution Authorizing City Manager To Execute A One-Year Contract With AHC Services Of Beaumont, Texas For Janitorial Services For The Utility Service Center, Water Warehouse And Water Purification Plant With An Annual Projected Budgetary Impact Of $33,987.12, Funding Is Available In Account Nos. 410-40- 210-5470-00-00-000 And 410-40-215-5470-00-00-000, Other Contractual Services (13) P.R. No. 22310 — A Resolution Authorizing The Payment Of Invoices In The Total Amount Of $26,628.00 From Peak Engineering, Inc., Of Port Neches, Texas For The Rental Of A Generator For The Main Wastewater Treatment Plant. Funding Available In Accounting No. 410-40-225-5401-00-00-000, Rent 5 AGENDA 1 JANUARY 11, 2022 VII. CONSENT AGENDA — CONTINUED (14) P.R. No. 22311 — A Resolution Ratifying The Additional Payment Of $2,235.00 To Brystar Contracting, Inc., Of Beaumont, Texas For The Extra Materials Used In The Project With A Total Budgetary Impact Of $89,699.00 From Account No. 410-40-215-5315-00-00-000. Water System Maintenance (15) P.R. No. 22312 — A Resolution Ratifying The City Manager's Decision To Approve A Change Order By RPM Services, Inc., Of Rosharon, Texas, For The Repair Of Screw Pump A At The Main Wastewater Treatment Plant, Increasing The Amount By $10,596.00 To A New Total Of$48,501.00; Funding Available In Water Utilities Account No. 410-40-225-5318-00-00-000, Equipment Maintenance (16) P.R. No. 22313 —A Resolution Ratifying The City Manager's Decision To Approve The Repair Of Screw Pump B At The Main Wastewater Treatment Plant By RPM Services, Inc., Of Iowa Colony, Texas Through BuyBoard Contract No. 589-19, With A Total Projected Budgetary Impact Of $54,601.00 ($45,365.00 Initial Estimate, $9,236.00 Change Order) From Water Utilities Account No. 410-40- 225-5318-00-00-000, Equipment Maintenance (17) P.R. No. 22314 — A Resolution Authorizing The City Manager To Extend The Contract With Catholic Charities Of Southeast Texas For The Covid-19 Utility Assistance Program For Three (3) Additional Months For A New Contract Expiration Date Of April 18, 2022 With No Additional Funding Requirements (18) P.R. No. 22323 — A Resolution Authorizing The 2021-2022 Jefferson Central Appraisal District Funding Allocation In An Amount Of $240,476.44 From Account No. 001-07-015-5420-00-10-000 (19) P.R. No. 22324 — A Resolution Authorizing The 2021-2022 Orange County Appraisal District Funding Allocation In An Amount Of $22,037.00 From Account No. 001-07-015-5420-00-10-000 6 AGENDA JANUARY 11, 2022 VII. CONSENT AGENDA — CONTINUED (20) P.R. No. 22325 — A Resolution Authorizing The City Of Port Arthur To Enter Into An Agreement With The Workforce Solutions Southeast Texas Board Of Beaumont, Texas, To Provide Expenditures That The Workforce Solutions Southeast Texas Board Can Use As A Match For Additional Child Care Funds Through A Child Care Local Match Contribution Agreement (21) P.R. No. 22329 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And Leeds Environmental Services Of Cleveland, Texas For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22318 — A Resolution Approving An Agreement With Jessica Carpenter For Professional Services & Employment As Chief Executive Officer Of The City Of Port Arthur Section 4A Economic Development Corporation B. Ordinances — Non-Consent (1) P.O. No. 7006 — An Ordinance Amending Sections 1.02, 8.05, 8.10, And 9.06 Of The City Of Port Arthur Section 4A Economic Development Corporation's Bylaws (2) P.O. No. 7027 — An Ordinance Amending Chapter 78 Of The Code Of Ordinances Of The City Of Port Arthur By Adding Article IV: An Addendum As It Pertains To The Port Arthur Section 4A Economic Development Corporation's Employee Policies And Procedures Manual. AGENDA JANUARY 11, 2022 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 551.074 Government Code —To Deliberate And Discuss The Appointment And Employment Of A Chief Executive Officer Of The Port Arthur Section 4A Economic Development Corporation *The Items In Executive Session May Be Discussed And Acted On In Open Session 8 AGENDA JANUARY 11, 2022 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 9:30 AM On January 12, 2022. 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 *************************************************** 9 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.