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HomeMy WebLinkAboutOCTOBER 11, 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 u r t r t h u r as KENNETH MARKS Tex VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting October 11, 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, October 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: 892 2177 1367 And Passcode: 817669 (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 October 11, 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 — None C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 10:00 A.M. — NONE 1 AGENDA OCTOBER 11, 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: (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 2 mime AGENDA OCTOBER 11, 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 (A1) City Manager Ronald Burton: 2022 ICMA Annual Conference Columbus, OH September 17 — 21, 2022 $2,753.86 B. Minutes September 27, 2022 Special Meeting (Executive Session) September 27, 2022 Regular Meeting C. Resolutions (1) P.R. No. 22730 —A Resolution Authorizing The City Manager To Enter Into An Agreement With Elite Contractors & Equipment, LTD Of Kirbyville, Texas For The Sabine Pass Boat Ramp Improvement Project In Sabine Pass, Texas For The Amount Of $2,132,929.00. Funding Is Available In Capital Improvements Project Account 152- 60-415-8525-00-00-000; Project No. PR0007, And 169-07-015- 8525-00-40-000, Project No. ARP013 AGENDA OCTOBER 11, 2022 VII. CONSENT AGENDA — CONTINUED (2) P.R. No. 22738 — A Resolution Authorizing The City Manager To Execute Change Order No. 01 To The Contract Between The City Of Port Arthur And Gulf Coast A CRH Company Of Beaumont, Texas For The Various Street Roadway Improvement Project II, Removing Four (4) Streets From The Contract And Reducing The Contract Amount By $2,473,929.00 To A New Contract Amount Of$7,734,508.93, And Decreasing The Time Of The Contract By 110 Calendar Days To A New Term Of 590 Calendar Days. Funding Is Available In Capital Improvement Project Account 307-21-053-8517-00-10-000 (3) P.R. No. 22769 —A Resolution Authorizing The Expenditure Of Funds In An Amount Not To Exceed $9,530.77 To Provide Maintenance Of The Generator Servicing 549 4th Street (The Press Building); Funding Available In EDC Account No. 120-80-625-5318-00-00-000 (4) P.R. No. 22778—A Resolution Authorizing The City Manager To Enter Into An Agreement With Traf-Tex, Inc. Of Houston, Texas For The Traffic Signal Installation At Bluebonnet Avenue And Gulfway Drive For The Amount Of $341,870.48. Funding Is Available In Capital Improvements Project Account 307-21-049-8522-00-10-000. Project No. CE0002 (5) P.R. No. 22779—A Resolution Authorizing The City Manager To Enter Into A Master IT Recovery & Recycle Agreement With Global Asset Of Carrollton, Texas Through The BuyBoard Cooperative Purchasing Program Contract No. 661-22 For The Disposition Of Technology Assets (6) P.R. No. 22790 — A Resolution Authorizing Change Order No. 1 To The Contract With Municipal Fire Apparatus Specialists, LLC, Of McAllen, Texas Through HGAC Contract No. FS12-19 Increasing The Cost Of The Dive Rescue Vehicle By $3,493.00 To A New Contract Amount Of $303,144.00; Funds Available In Account No. 625-19- 000-8523-00-00-000 4 AGENDA OCTOBER 11, 2022 VII. CONSENT AGENDA — CONTINUED (7) P.R. No. 22792—A Resolution Authorizing The City Manager To Enter Into A Contract With Webb's Uniforms, LLC Of Spring, Texas, Under A BuyBoard Contract No. 587-19, For The Purchase Of Uniforms For The Fire Department, With A Projected Budgetary Impact Of $50,000. 00; Funding Available In Fire Department Account No. 001- 19-047-5251-00-30-000 (8) P.R. No. 22793 — A Resolution Authorizing The City Manager To Purchase One Pierce Fire Apparatus For The Fire Department Via The BuyBoard Cooperative Purchasing Program From Siddons-Martin Emergency Group Of Denton, Texas, With Offices In Port Arthur, Texas In The Amount Of$1,016,171.90; Funding Available In Capital Improvement Account Number 307-19-047-8523-00-10-000, Project CE0004 (9) P.R. No. 22794 — A Resolution Approving Payment With A Projected Budgetary Amount Of $45,000.00 For The Texas Commission On Environmental Quality (TCEQ) Annual Water System Permit Fee For The City Of Port Arthur, Water Utilities Department, Water Purification Division Account No. 410-40-210-5471-00-00-000, Regulatory Services (10) P.R. No. 22795 — A Resolution Approving Payment With A Projected Budgetary Amount Of $102,000.00 For The Three (3) Texas Commission On Environmental Quality (TCEQ) Annual Wastewater System Permit Fees For The City Of Port Arthur Water Utilities Department Account No. 410-40-225-5471-00-00-000, Regulatory Fees (11) P.R. No. 22796 — A Resolution Authorizing The City Manager To Purchase Two 2022 Ford F-550, Regular Cab 4x2 Flush Trucks From Kinloch Equipment & Supply Of Pasadena, Texas Through BuyBoard #601-19 For Utility Operations Department, With A Projected Budgetary Impact Of $383,563.70. Funds Are Available In Water Utilities Account No. 625-40-000-8522-00-00-000, Equipment 5 AGENDA OCTOBER 11, 2022 VII. CONSENT AGENDA — CONTINUED (12) P.R. No. 22797 — A Resolution Authorizing The City Manager To Purchase A F-350 Pickup Truck With A Flat Bed For The Water Utilities Department From Chastang Ford Of Houston, Texas, Through BuyBoard #601-19, In The Total Amount Of $65,998.00. Funds Are Available In Equipment Account No. 625-40-000-8523-00- 00-000, Equipment (13) P.R. No. 22798 — A Resolution Authorizing The City Manager To Purchase A F-550 Pickup Truck With A Dump Body For The Water Utilities Department From Chastang Ford Of Houston, Texas, Through BuyBoard #601-19 With A Projected Budgetary Impact Of $76,996.00. Funds Are Available In Equipment Account No. 625-40- 000-8523-00-00-000, Equipment (14) P.R. No. 22799 —A Resolution Authorizing The City Manager To Enter Into A Contract With Loftin Equipment Co. Of Houston, Texas For Preventative Maintenance And Repair Of Backup Generators At Utility Operations Sites With An Annual Projected Budgetary Impact Of $40,000.00. Funds Are Available In Water Utilities Department Account Nos. 410-40-210-5318-00-00-000, 410-40-215-5318-00-00- 000, 410-40-220-5318-00-00-000 And 410-40-225-5318-00-00-000 (Equipment Maintenance) (15) P.R. No. 22800 — A Resolution Authorizing Payment Of Annual Service Fees For Naviline ASP To Superion LLC In The Amount Of $130,337.26. Account No. 001-09-023-5420-00-10-000 (16) P.R. No. 22806—A Resolution Authorizing The Execution Of The First Amendment To The Industrial District Agreement Between The City Of Port Arthur, Port Arthur LNG, LLC And Its Subsidiary, PALNG Common Facilities Company, LLC 6 AGENDA OCTOBER 11, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22791 — A Resolution Approving An Agreement With Terry Stokes 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. 7102 — An Ordinance Declaring An Intent To Reimburse The City For Certain Funds Expended In Connection With The City's Funding Of Capital Equipment And Improvements To Streets, City Facilities, Pleasure Island And The Water And Sewer System From Proceeds Of Certain Certificates Of Obligation To Be Issued By The City Within One Year 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 r AGENDA OCTOBER 11, 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 Claims, Contracts, Litigation And Other Legal Matters Involving The City Of Port Arthur (2) Section 551.071 Government Code — Attorney Client Privilege- To Discuss A Matter In Which The Duty Of The Attorney To The Governmental Body Under The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas Clearly Conflicts With The Open Meetings Act (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City's Downtown (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City's Extraterritorial Jurisdiction/Industrial District (5) Section 551.074 Government Code — To Deliberate And Discuss The Appointment Of A Chief Executive Officer For The City Of Port Arthur Economic Development Corporation Director (6) Section 551.087 Government Code —To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect *The Items In Executive Session May Be Discussed And Acted On In Open Session 8 AGENDA OCTOBER 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 October 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.