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HomeMy WebLinkAboutAUGUST 16, 2022 REGULAR MEETING AGENDA 9:30 A.M. THURMAN BILL BARTIE,MAYOR �,y RON BURTON INGRID HOLMES,MAYOR PRO TEM City of -" CtY ver CITY MANAGER COUNCIL MEMBERS: 2SHERRI BELLARD,TRMC CAL J.JONES �/^ CITY SECRETARY THOMAS J.KINLAW III o r t rth u r KENNETH MARKS VAL TIZENO CHARLOTTE MOSES Texas CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting August 16, 2022 9:30 A.M. The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 9:30 A.M. CST On Tuesday, August 16, 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: 875 8557 4760 And Passcode: 657018 (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.portarthurtx.gov City Council Meeting City Hall Council Chamber City Of Port Arthur August 16, 2022 9:30 AM 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) Ronald Lyons Regarding O.W. Collins (2) Terry Bates Regarding The Demolition Of Houses B. Presentations (1) A Presentation By Anne Burger Entrekin, Regional Managing Director Of Hilltop Securities And Attorney Derrick Mitchell Of Holland & Knight, LP Regarding Certificates of Obligation (2) A Presentation By Cheniere Sabine Pass Regarding A $125,000.00 Donation To The City Of Port Arthur, Texas AGENDA AUGUST 16, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) A Presentation By Charles Wheeler, Port Arthur Project Manager Of The U.S. Army Corps Of Engineers Regarding A Port Arthur Public Open House (4) A Presentation By The Port Arthur EDC Regarding The Status Of The Executive Director Search, Current And Future Proposed Projects. (Requested By Councilmember Frank) (5) A Presentation By Staff Regarding The June Financial Report C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Discussion With Ardurra Group, Incorporation Regarding The Future Plans On Drainage Projects In District 3 (Requested By Councilmember Kinlaw) 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; AGENDA AUGUST 16, 2022 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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 B. Minutes August 2, 2022 Special Meeting August 2, 2022 Special Meeting (Executive Session) August 2, 2022 Regular Meeting AGENDA AUGUST 16, 2022 VII. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 22633 — A Resolution Authorizing A Non-Exclusive Agreement With Cotton Commercial USA Of Katy, Texas For The Provision Of Emergency Food Services In The Event Of An Emergency Or Disaster In An Amount Not To Exceed $967,000.00 (2) P.R. No. 22634 — A Resolution Authorizing A Non-Exclusive Agreement With SLSCO, LTD Of Galveston, Texas For The Provision Of Emergency Environmental, Disaster, And Logistical Response Services In The Event Of An Emergency Or Disaster In An Amount Not To Exceed $500,000.00 (3) P.R. No. 22658 — A Resolution Authorizing The City Manager To Executed A One (1) Year Contract Between The City Of Port Arthur And Agape Cleaning Enterprises Service Of Houston, Texas For Janitorial Services At Port Arthur Transit Facilities In An Amount Not To Exceed $29,961.00. Funds Available In Account 401-500-5470- 00-60-00, Project No. TR307A-TAD-OCS (4) P.R. No. 22679 — A Resolution Authorizing The City Manager To Execute A Two (2) Year Contract With Greyhound Bus Lines, Inc., To Continue Utilizing Port Arthur Transit As Its Local Bus Terminal And Ticketing Agent (5) P.R. No. 22722 —A Resolution Authorizing The City Manager To Allow The Police Department To Apply For The Motiva First Responders Grant, With No Cash Match (6) P.R. No. 22723 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Marsh Waterproofing Of Vidor, Texas For The Repair Of The Exterior Of Pompeiian Villa In The Amount Of $20,000.00, Bringing The Total For Exterior Repairs To $100,000.00. Funds Are Available In Hurricane Account #LAUR15-GRE-BUM AND #DLTA15- GRE-BUM 4 AGENDA AUGUST 16, 2022 VII. CONSENT AGENDA — CONTINUED (7) P.R. No. 22725 —A Resolution Authorizing The City Manager To Enter Into A Contract With Diamond Shine Building Services Of Nederland, Texas For Janitorial Services For The Police Department, Fire Administration And Municipal Court Building With An Annual Projected Budgetary Impact Of $66,684.00; Funding Available In Account 001-17-045-5312-00-30-000 (8) P.R. No. 22727—A Resolution Authorizing The City Manager To Enter Into A Contract With Schaumburg & Polk, Inc. Of Port Arthur, Texas, For Professional Services Rendered As Project Engineer For The Dallas Avenue & 4th Street Elevated Storage Tank Rehabilitation Project With A Projected Budgetary Impact Of $42,200.00; Funds Are Available In Account No. 405-40-000-8516-00-00-000, Project No. WS-0004 DES (9) P.R. No. 22728 — A Resolution Authorizing The City Manager To Execute A Contract With Arceneaux, Wilson & Cole, LLC Of Port Arthur,Texas For Engineering Design And Construction Management Services For The Replacement Of An Existing 24" Force Main From The 46th Street Lift Station To Dryden Road With A Projected Budgetary Impact Of $332,315.00. Funding Is Available In Account No. 405-40-000-8516-00-00-000, Sewer System, Project No. WS0015-CON (10) P.R. No. 22732 —A Resolution As It Pertains To Commemorating The Service Of City Of Port Arthur Planning And Zoning Commissioner Inell Ross Moore And Calling For A Public Hearing To Name A Building In Her Memory (11) P.R. No. 22733 —A Resolution As It Pertains To Commemorating The Service Of City Of Port Arthur Municipal Court Judge Kermit C. Morrison, Jr. And Calling For A Public Hearing To Name A Building In His Memory 5 AGENDA AUGUST 16, 2022 VII. CONSENT AGENDA — CONTINUED (12) P.R. No. 22734 — A Resolution Authorizing The City Manager To Execute A Letter Of Engagement With Pattillo, Brown And Hill, LLP, As Independent Auditor For The City Of Port Arthur With A Projected Budgetary Impact Of $120,000.00 For The Year Ending September 30, 2021. Finance Department Account #001-07-015-5420-00-10- 000 (13) P.R. No. 22739 — A Resolution Amending The Ceremonial Street Naming Policy For The City Of Port Arthur (Requested By Councilmember Jones) VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22609 — A Resolution Authorizing The City Manager To Accept A Donation Of $125,000.00 From The Cheniere Foundation For The Reconstruction Of The Sabine Pass Boat Ramp Located At Broadway Street And S. 1st Avenue In Sabine Pass, Texas. Funds Will Be Made Available In Capital Improvement Project Account 152- 60-415-8525-00-00-000 (PR0007) (2) P.R. No. 22742 — A Resolution Authorizing The City Manager To Extend The Non-Exclusive Ambulance Agreement With Acadian Ambulance Service, Inc. For A Period Of Thirty (30) Days (3) P.R. No. 22672 — A Resolution To Consider Establishing The Proposed Fiscal Year 2022-2023 Tax Rate, Taking A Record Vote And Scheduling A Public Hearing To Receive Public Comment On The Proposed Tax Rate (4) P.R. No. 22673 — A Resolution To Call A Public Hearing To Receive Public Comment On The Proposed Fiscal Year 2022-2023 Budget (5) P.R. No. 22720 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee 6 AGENDA AUGUST 16, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (6) P.R. No. 22729 —A Resolution Authorizing The City Manager And City Attorney To Execute Real Estate Sales Contract With Ready, Willing And Able Buyers Who Have Submitted The Highest Offer, For The Tracts Of Land Located In The Marina Colony Subdivision On Pleasure Island, As Set Forth In Chapter 253 Texas Local Government Code (7) P.R. No. 22740—A Resolution Calling For A Public Hearing To Enlarge The Boundaries Of Existing Downtown Tax Increment Reinvestment Zone No. 1 In The City Of Port Arthur, Texas B. Ordinances — Non-Consent (1) P.O. No. 7067 —An Ordinance Approving The Appraisal Rolls For The Year 2022 And Receiving Determinations From The Tax Assessors Under Section 26.04 Of The Texas Property Tax Code (2) P.O. No. 7090 — An Ordinance Amending Section 2-75 (a) (2) (b) Of The Code Of Ordinances As It Pertains To Persons Requesting To Give A Presentation Before City Council (Requested By Mayor Bartie) (3) P.O. No. 7091 — An Ordinance Authorizing The Sale Of City Owned Vacant Tracts Of Land In The Pekin Addition Of The City Of Port Arthur's Westside Located Near Welford Avenue To Foley Avenue, From James Gamble Boulevard To Reverend Doctor Ransom Howard Street And The Execution Of A Special Warranty Deed AGENDA AUGUST 16, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P. O. No. 7097 — An Ordinance Of The City Of Port Arthur, Texas, Authorizing The Issuance And Sale Of City Of Port Arthur, Texas, Combination Tax And Revenue Certificates Of Obligation, Series 2022 In The Aggregate Principal Amount Of $10,000,000; Levying A Tax In Payment Thereof; Making Other Provisions Regarding Such Certificates Of Obligation, Including Authorizing The Preparation And Distribution Of One Or More Preliminary Official Statements And Authorizing The Preparation And Distribution Of One Or More Official Statements And Matters Incident Thereto; Awarding The Sale Of The Certificates; Authorizing The Execution And Delivery Of One Or More Purchase Agreements; Authorizing Bond Insurance; Authorizing The Execution And Delivery Of A Paying Agent/Registrar Agreement; Authorizing And Confirming The Engagement Of Certain Professionals In Connection With The Issuance Of The Certificates Of Obligation; Finding And Determining That The Meeting At Which This Ordinance Is Passed Is Open To The Public As Required By Law; And Enacting Other Provisions Relating Thereto 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 8 AGENDA AUGUST 16, 2022 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED 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 — ToDiscsOr Deliberate The (2) Section 551.072 Government Code Discuss Purchase, Exchange, Lease, Or Value Of Real Properties Located In The Pekin Addition Of The City's Westside Near Herget and Foley Avenue (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Properties Located In The Pekin Addition Of The City's Westside Near Herget and Foley Avenue and Pleasure Island Mariner's Cove Subdivision (4) Section 551.074 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding A Contractual Liability Issues Involving The City of Port Arthur *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 9:30 AM On August 17, 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.