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HomeMy WebLinkAboutJANUARY 18, 2022 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYORF,urS,. - RON BURTON DONALD FRANK,SR.,MAYOR PRO l 1:N1 City of city CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC INGRID HOLMES - - C: TAR\ 1 �'!l! 1l rTHOMAS J.KINLAW III VTREND KENNETH MARKS ' CITY ATTORNEY DONALD FRANK,SR. CHARLOTTE MOSES AG E N DA City Council Regular Meeting January 18, 2022 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, January 18, 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: 824 7653 3992 And Passcode: 102059 (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 January 18, 2022 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 Regarding The Port Arthur Jazz Festival (2) G. K. Richard Regarding Job 9:24 (3) Sandra Benoit Regarding Garbage And Trash Pickup (4) Glenda Pattison Regarding Garbage And Trash B. Presentations (1) A Presentation By MOTIVA Regarding A First Responder Grant To Be Presented To The Port Arthur Police And Fire Department 1 AGENDA JANUARY 18, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. A Public Hearing For The Purpose Of Obtaining Public Input Regarding The City Of Port Arthur's Acceptance Of Federal Funds Earmarked From The American Rescue Plan Act. The Total Estimated Award Is $26,630,000.00. The United States Treasure Department Requires That A Public Hearing Be Held For The Receipt Of Federal Funds Pursuant To The American Rescue Plan Act. This Hearing Shall Be Held For The Purpose Of Providing An Opportunity For The Public To Offer Comment On The Acceptance Of The Funds. The City Of Port Arthur Urges Residents And Interested Parties To Review The Allowable Uses For ARPA Funds. The City Seeks To Receive Public Input To Consider Uses For The Funds, Which Includes The Proposed List Of Projects: Recovered Rev Loss-Govt Services $1,000,000.00 Water And Sewer Infrastructure Improvements $18,000,000.00 Landfill Dirt Project $2,000,000.00 Broadband Wi-Fi For Parks $1,000,000.00 Health Department Vaccination Center $2,000,000.00 Westside Drainage Improvement (17th & 19th) $2,000,000.00 Grant Management/Admin Costs $630,000.00 Total ARPA Improvements $26,630,000.00 The Public Will Also Be Able To View The Public Hearing Via The City's Website At: www.portarthurtx.gov AGENDA JANUARY 18, 2022 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: I (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 VI. UNFINISHED BUSINESS — NONE 3 AGENDA JANUARY 18, 2022 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 Request For Pre-Approval Of Travel Pursuant To 78-269 (b) (8) Of The Code Of Ordinances Of The City Of Port Arthur (Ordinance No. 18-63) (Al) Mayor Thurman Bartie: Texas Economic Development Council Round Rock, TX February 21 —26, 2022 $2,247.00 (A2) Mayor Pro Tem Donald Frank: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 (A3) Councilmember Ingrid Holmes: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 (A4) Councilmember Cal Jones: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,816.00 (A5) Councilmember Thomas Kinlaw: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 4 AGENDA JANUARY 18, 2022 VII. CONSENT AGENDA — CONTINUED (A6) Councilmember Kenneth Marks: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 (A7) Councilmember Charlotte Moses: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 B. Minutes — None C. Resolutions (1) P.R. No. 22315 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services With Dr. Albert T. Thigpen As It Pertains To Serving As A Third-Party Facilitator Pursuant To Section 78-103 (b) Of The Code Of Ordinances; Funding Available In Account Number 001-01-003-5420-00-10-000 (2) P.R. No. 22319 — A Resolution Authorizing The Fire Department To Accept A Grant From Motiva's 2021 First Responder Grant Program In The Amount Of $4,850.00 To Be Deposited In The City Of Port Arthur Account Number 107-00-000-4530-00-00-000 For The Purchase Of A Positive Pressure Ventilation Fan (3) P.R. No. 22321 —A Resolution Authorizing The City Manager To Enter Into A Contract With Allco, LLC Of Beaumont, Texas, For The Repair Of A Cave-In At Houston Avenue And Lakeshore Drive. Funding In The Amount Of $189,900.00 Is Available In The ARPA Drainage Maintenance Account, Account No.169-07-015-5314-00-40-000, Project No. ARP011-GRE-DRM (4) P.R. No. 22326—A Resolution Authorizing The City Manager To Enter Into A Contract With SKR Construction, Inc., Of Port Arthur, Texas, For The Construction Of Decking With A Canopy At The Landfill In The Amount Of$27,250.00. Funding Is Available In Account No. 403- 50-320-5470-00-00-00 (Other Contractual Services) 5 AGENDA JANUARY 18, 2022 VII. CONSENT AGENDA— CONTINUED (5) P.R. No. 22328—A Resolution Rescinding Resolution Number 21-487 In Its Entirety, As It Pertains To The Purchase Of 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, In The Amount Of $61,044.75 (6) P.R. No. 22331 — A Resolution Authorizing The City Manager To Repay Funds To The Texas Department Of State Health Services (DSHS) For Disallowed Costs Related To A Fiscal Monitoring Review Of Six Health Grants In An Amount Not To Exceed $14,031.72 Account No. 001-23-061-5470-00-50-000 (7) P.R. No. 22336 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And Orange County Water Control & Improvement District #1 Of Vidor, Texas For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill (8) P.R. No. 22337 — A Resolution Authorizing An Amendment To The Existing Contract With BFI Waste Systems Of Texas, LP DBA Republic Services Of Beaumont, Texas For Residential Refuse Collection Services In The Not To Exceed Amount Of $50,000.00; Funding Available In Account No. 169-07-015-5401-00-00-000, Project No. ARP010-GRE-RNT (9) P.R. No. 22339—A Resolution Authorizing The City Manager To Enter Into A Contract With Premier Truck Sales & Rental, Inc., Of Cleveland, Ohio For The Rental Of Two Garbage Trucks For One Month With The Option To Extend The Rental, In An Amount Not To Exceed $50,000.00; Funding Is Available In ARPA Account No. 169- 07-015-5401-00-40-000, Project No. ARP010-GRE-RNT 6 AGENDA JANUARY 18, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22335 —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. 7025 — An Ordinance Authorizing An Election Services Contract And Lease Agreement Between The City Of Port Arthur And Jefferson County Pertaining To The Conduct Of The May 7, 2022 General Election; Funding Available In Account No. 001-03-011- 5420-00-10-000 (Professional Services) (2) P.O. No. 7026 — An Ordinance Of The City Council Of Port Arthur, Texas, Authorizing Participation With Other Entergy Service Area Cities In Matters Concerning Entergy Texas, Inc., At The Public Utility Commission Of Texas In 2022; Authorizing The Hiring Of Lawyers And Rate Experts; Authorizing The City's Participation To The Full Extent Permitted By Law At The Public Utility Commission Of Texas; Finding That The Meeting Complies With The Open Meetings Act; And Declaring An Effective Date (3) P.O. No. 7030 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (4) P.O. No. 7031 — An Ordinance Providing For The Conduct Of A General Election On May 7, 2022, For The Purpose Of Electing A Mayor, In The City Of Port Arthur, Texas In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice (5) P.O. No. 7032 —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 Grievance Process For Complaints Of Harassment And Appeals Of Discipline / AGENDA JANUARY 18, 2022 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 January 19, 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 *************************************************** s 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.