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HomeMy WebLinkAboutJUNE 7, 2022 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYOR Energy.�J RON BURTON INGRID HOLMES,MAYOR PRO TEM City of crry CITY MANAGER COUNCIL MEMBERS: At, SHERRI BELLARD,TRMC CAL J.JONES CITY SECRETARY THOMAS J.KINLAW III 0['t 1't f[ I[ 1' KENNETH MARKS VAL TREND CHARLOTTE MOSES " S CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting June 7, 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, June 7, 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: 862 7071 3190 And Passcode: 423078 (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. Website: http://www.portarthurbc.gov City Council Regular Meeting City Hall Council Chamber City Of Port Arthur June 7, 2022 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Holmes Councilmember Jones Councilmember Kinlaw, III Councilmember Marks Councilmember Moses Councilmember Frank City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Ivan Mitchell Regarding Unleashed Dogs Part Two (2) Pastor Wanda L. Bodden Regarding A Multi-Sport Tournament B. Presentations (1) A Presentation By James Gilleylen Regarding The HOME-ARP Grant Process (2) A Presentation By Staff Regarding The April Financial Report AGENDA JUNE 10, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Discussion Regarding Street Renaming (Requested by Councilmember Jones) (2) A Discussion Regarding The Processing Of Requests For Public Information (Open Records) — (Requested By Councilmember Kinlaw) (3) A Discussion Regarding A Summer Event On The Seawall (Requested By Councilmember Frank) IV. PUBLIC HEARINGS — 6:00 P.M. The Second Of Two Public Hearings To Receive Input And Public Comment As To The Effect Of The Juvenile Curfew Ordinance On The City And Any Problems The Ordinance Was Intended To Remedy; And The Need, If Any, To Continue, Modify, Or Amend The Juvenile Curfew Ordinance The First Public Hearing Was Held On Tuesday, May 24, 2022 At 10:00 A.M. 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; AGENDA JUNE 7, 2022 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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 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 — None AGENDA JUNE 7, 2022 VII. CONSENT AGENDA — CONTINUED B. Minutes April 26, 2022 Regular Meeting May 10, 2022 Special Executive Meeting May 10, 2022 Regular Meeting May 18, 2022 Special Meeting May 23, 2022 Joint City Council & EDC Special Meeting May 24, 2022 Regular Meeting May 31, 2022 Joint City Council & P&7 Special Meeting C. Resolutions (1) P.R. No. 22473 —A Resolution Authorizing The City Manager To Enter Into Contracts With Southern Tire Mart And The Goodyear Tire And Rubber Company Of Beaumont, Texas, Through The BuyBoard Cooperative Purchasing Program, Contract No. 636-21, For The Purchase Of Tires And Tubes, With A Projected Budgetary Impact Of $400,000.00; Funding Available In Departmental Accounts Delineated In The Resolution (2) P.R. No. 22505 —A Resolution Authorizing The City Manager To Enter Into A Professional Service Agreement With Fittz & Shipman, Inc. Of Beaumont, Texas For Surveying & Preliminary Engineering Of South 1st Avenue And Mechanic Street Roadway Improvements From South 1st Avenue To Dowling Road In Reference To The TXDOT Rider 37 Grant Project In A Not To Exceed Amount Of $417,000.00; Funding Is Available In The Capital Improvement Streets Project Account, Account Number 307-21-053-8517-00-10-000 Project Number ST1P90-ENG (3) P.R. No. 22526 — A Resolution Authorizing The Adoption Of The City Of Port Arthur DR-4332 (Hurricane Harvey) Local Acquisition Program Guidelines (4) P.R. No. 22555 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $18,028.78 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Theft To A Generator At The Rodeo Lane Lift Station On Pleasure Island 4 AGENDA JUNE 7, 2022 VII. CONSENT AGENDA — CONTINUED (5) P.R. No. 22570 — A Resolution Authorizing The City Manager To Submit The 2021 Consolidated Annual Action Plan Substantial Amendment And The Home Investment Partnerships-American Rescue Plan (HOME-ARP) Allocation Plan To The Department Of Housing And Urban Development (HUD) (6) P.R. No. 22572 — A Resolution Authorizing The City Manager To Execute A Lease Renewal With Robogistics, LLC For An Additional Twelve (12) Month Period For The Property Located At 3451 57th Street (7) P.R. No. 22582 — A Resolution Authorizing The City Manager To Extend The Interdepartmental Agreement Expiration Date With The City Of Port Arthur Health Department From July 20, 2022 To June 30, 2023 For The Purpose Of Continuing The Community Development Block Grant — Coronavirus (CDBG-CV) Funding For Public Service Support And Activities Related To Coronavirus Pandemic. Project #C0V102.GRA.CDB (8) P.R. No. 22586 — A Resolution Authorizing The Renewal Of The Annual Maintenance For Software And Hardware For The Itron Transmitters For The Water Utilities Department From Itron, Inc. Of Liberty Lake, Washington With A Total Projected Budgetary Impact Of $28,569.05. Funds Are Available In Water Utilities Account No. 410-40-200-5420-00-00-000, Professional Services (9) P.R. No. 22587 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $8,037.35 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Wastewater Conveyance Vehicle #2174 (10) P.R. No. 22590 — A Resolution Authorizing The City Manager To Negotiate A Contract With The Solco Group, LLC Of Beaumont, Texas For Engineering And Design Services For Port Arthur Transit's (PAT) Terminal Building Expansion Located At 322 Procter Street, Port Arthur, Texas. Funding Is Available In Account 401-70-530-8512-00- 60-000, Project TR11430 5 AGENDA JUNE 7, 2022 VII. CONSENT AGENDA — CONTINUED (11) P.R. No. 22596 — A Resolution Ratifying The City Manager's Decision To Execute An Emergency Contract With Lark Group Inc., In The Amount Of $31,742.00 For Asbestos/Lead Abatement And Demolition Of A Dangerous City-Owned Commercial Property Located At 723 Freeman Avenue AKA Texas Avenue/501 W. 7th Street, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Services) (12) P.R. No. 22597 — A Resolution Approving The Contract Amendment Between The Texas Department Of Family And Protective Services And The City Of Port Arthur Nurse-Family Partnership Program To Add $53,248.00 For FY 2022 Not To Exceed $781,463.32 (13) P.R. No. 22598—A Resolution Authorizing The City Manager To Enter Into An Advance Funding Agreement (AFA) With The Texas Department Of Transportation (TXDOT) To Improve Drainage Along FM 365 In Port Acres. TXDOT Inspections And Review Fees Are Not- To-Exceed $2,000.00. Funds Are Available In Capital Project / Drainage Account Number 154-07-015-5493-00-40-000 And 148-07- 015-5493-00-40-000, Project Number DR1P03 (14) P.R. No. 22599 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement (IDA) With Air Products, LLC (15) P.R. No. 22601 — A Resolution Authorizing The Payment Of Fees Owed To The Texas Commission On Environmental Quality (TCEQ) In Reference To The Remediation Of The Oil Spill From Engine 503 And Tender (TRAIN) At Bryan Park In The Amount Of $31,739.78; Funding Available In Account Number 001-25-065-5420-00-20-000 (16) P.R. No. 22602 — A Resolution Designating And Establishing The 2022 Juneteenth Festivities, Designating The Willie Carter Outreach Center As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof (17) P.R. No. 22606 — A Resolution Approving A One Year Extension Of Permit No. 173 For The Drilling, Completion And Operation Of An Oil And Gas Well By Aspect Energy, LLC 6 AGENDA JUNE 7, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22589 — A Resolution Authorizing An Agreement Between The City Of Port Arthur And The City Of Port Arthur Section 4A Economic Development Corporation For The Use Of Property Located At The Jade Avenue Business Park As A Temporary Debris Management Site In The Event Of State Or Federally Declared Disaster (2) P.R. No. 22611 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into An Agreement With Next Move Group, LLC For Executive Search Services To Recruit Its Next Executive Director In An Amount Not To Exceed $25,110.00; Funds Available In EDC Account No. 120-80- 625-5494-00-00-000 B. Ordinances — Non-Consent (1) P.O. No. 7067 — An Ordinance Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $31,237.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Police Vehicle #2212 (2) P.O. No. 7068 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $10,132.13 Made Against Allstate Insurance Company As Result Of Property Damage To Transit Unit #1525 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 June 8, 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 *************************************************** 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.