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HomeMy WebLinkAboutSEPTEMBER 13, 2022 REGULAR MEETING AGENDA 9:30 A.M. THURMAN BILL BARTIE,MAYOR RON BURTON INGRID HOLMES,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC CAL J.JONES CITY SECRETARY THOMAS J.KINLAW III o r t r t h u r KENNETH MARKS VAL TIZENO CHARLOTTE MOSES Terms CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting September 13, 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, September 13, 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: 860 8540 5872 And Passcode: 641262 (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 September 13, 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 — None B. Presentations (1) A Presentation By Charles Wheeler, Port Arthur Project Manager Of The U.S. Army Corps Of Engineers Regarding A Port Arthur Public Open House (2) A Presentation By Dr. Albert Thigpen, Dr. Delena King And Cheryl Gibbs Regarding The 2030 Census (3) A Presentation By Staff Regarding The July Financial Report C. Employee Recognition — None D. Correspondence — None AGENDA SEPTEMBER 13, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion — None 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 (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 A SEPTEMGENDABER 13, 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 (Al) City Attorney Valecia Tizeno: 2022 TML Municipal Policy Summit Austin, TX August 21 — 23, 2022 $960.92 B. Minutes August 17, 2022 Special Meeting August 29, 2022 Special Meeting August 30, 2022 Special Meeting (Executive Session) August 30, 2022 Regular Meeting C. Resolutions (1) P.R. No. 22509 — A Resolution Approving Settlement Of Wind Damage Claims In The Amount Of$104,942.08 Made Against Certain Underwriters At Lloyd's Of London Insurance Company (Through Agent USI Southwest Inc., El Paso) Due To Hurricane Delta (October 9, 2020) To Various City Properties (2) P.R. No. 22552 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $98,917.51 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Solid Waste Trash Truck #2207 AGENDA SEPTEMBER 13, 2022 VII. CONSENT AGENDA— CONTINUED (3) P.R. No. 22577 — A Resolution Authorizing The City Manager To Execute A One (1) Year Contract Between The City Of Port Arthur And JQUAD Planning Group LLC Of Plano, Texas, For Consulting Services For The City's Home-ARP Grant In An Amount Not To Exceed $50,000.00 Funds Available In Account #108-13-033-5420- 00-40-000; Project #HMEARP-GRE-PRO (4) P.R. No. 22585 — A Resolution Authorizing The City Manager To Execute Settlement Of A Property Damage Claim In The Amount Of $8,690.09 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To A 2017 Pierce Fire Engine, Unit #2184 (5) P.R. No. 22648—A Resolution Authorizing The City Manager To Enter Into A Special Road Use And Indemnity Agreement And Permit With Aspect Energy, LLC (6) P.R. No. 22664 — A Resolution Authorizing The Acceptance Of A Donation From Cheniere Energy, Inc. In The Amount $50,000.00 For Improvements To The Downtown Pavilion (7) P.R. No. 22701 — A Resolution Ratifying Change Order No. 1 To The Contract With Lark Group Inc., Of Warren, Texas (Emergency Asbestos Abatement/Demolition Of 3100 Gulfway Drive); To Remove A Second Slab, Increasing The Contract Amount By $5,000.00 To A New Total Of $112,800.00; Account No. 001-13-035-5470-00-10- 000 (General Fund-Other Contractual Service) (8) P.R. No. 22726—A Resolution Authorizing The City Manager To Apply For Fiscal Year 2023 Bullet-Resistant Shield Grant With No Grant Match Requirement (9) P.R. No. 22746 — A Resolution Authorizing The City Manager To Purchase Garbage Cans And Lids From Otto Environmental Systems North America, Inc. Of Charlotte, North Carolina, Under H-GAC Contract No. RC01-21, In The Amount Of $42,668.94. Funding Is Available In The FY23 Public Works Solid Waste Residential Garbage Division — Minor Equipment, Account Number 403-50-310-5240-00- 00-000 4 AGENDA SEPTEMBER 13, 2022 VII. CONSENT AGENDA — CONTINUED (10) P.R. No. 22749 — A Resolution Accepting A Water Utility Easement From Community Development Properties, Port Arthur, Inc. C/O National Development Council (NDC) Housing & Economic Development For The Construction, Installation, Laying, And Maintenance Of Water Utility (11) P.R. No. 22750 — A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates A Convention/Visitors Bureau In Order To Provide Funding Of The 2022-2023 Fiscal Year In The Amount Of $790,000.00, Hotel Occupancy Tax Account No. 140-15-600-5470-00-20-000, H07912.OTH.00S (12) P.R. No. 22751 — A Resolution Approving A Contract Between The City Of Port Arthur And Southeast Texas Arts Council (SETAC) For The Purpose Of Funding SETAC For The 2022-2023 Fiscal Year In The Amount Of $30,000.00, Hotel Occupancy Tax Account No. 140- 15-600-5470-00-20-000, H07901.OTH.00S (13) P.R. No. 22753 — A Resolution Updating And Affirming The Investment Policies Of The City Of Port Arthur For The 2022-2023 Fiscal Year VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22428 — A Resolution Authorizing The City Manager To Execute A Contract With N&T Construction Co., Inc., Of Beaumont, Texas For The Renovation Of The City Of Port Arthur's Health Department Facility Located At 5860 9th Avenue, Port Arthur, Texas, In An Amount Not To Exceed $9,385,000.00; Funding Available In Capital Projects/Buildings Account No. 307-21-049-8512-00-10-000; Project No. B0006-CON In The Amount Of $2,385,000.00 And ARPA Account No. 169-07-015-8512-00-40-000, Project Nos. ARP005 GRE- BUI AND ARP014 GRE-BUI In The Amount Of $7,000,000.00 5 AGENDA SEPTEMBER 13, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 22607 — A Resolution Authorizing The City Manager To Execute A Professional Services Agreement With Golden Triangle Consulting Engineers To Provide Professional Engineering And Consulting Services In An Amount Not To Exceed $14,000.00 Per Month, For A Two-Year Period. Funding Available In Water Utilities Account No. 410-40-200-5420-00-00-000 (3) P.R. No. 22711 —A Resolution Authorizing The City Manager To Enter Into Three (3) Community Development Block Grant (CDBG) Interoffice Agreements For Housing Assistance Programs And Administration, Grants Management, And The Parks And Recreation Department. The Resolution Will Also Authorize The City Manager To Approve Sub-Recipient Agreements With Seven (7) Non-Profit Organizations For Public Service Activities That Benefit Low And Moderate-Income Residents. The Ten Agreements Funding Source Is The 2022 CDBG Program Year B. Ordinances — Non-Consent (1) P.O. No. 7096 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (2) P.O. No. 7098 — An Ordinance By The City Council Of The City Of Port Arthur, Texas, (Or "City") Declining To Approve The Change In Rates Requested In Entergy Texas, Inc.'s ("ETI" Or "Company") Statement Of Intent Filed With The City On August 31, 2022, And Finding And Determining That The Meeting At Which This Ordinance Was Considered Was Open To The Public And In Accordance With Texas Law 6 AGENDA SEPTEMBER 13, 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 Claims, Contracts, Litigations And Other Legal Matters Involving The City Of Port Arthur (2) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City Limits Of Port Arthur (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City's Industrial District/Extraterritorial Jurisdiction (ETJ) (4) Section 551.074 Government Code — To Discuss The Duties, Responsibilities And Evaluations Of The City Attorney, City Manager, Municipal Court Judge And City Secretary (Requested By Mayor Pro Tem Holmes) (5) Section 551.087 Government Code—To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospects AGENDA SEPTEMBER 13, 2022 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED *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 September 14, 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 *************************************************** 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.