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HomeMy WebLinkAboutNOVEMBER 08, 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: Il SHERRI BELLARD,TRMC CAL J.JONES CITY SECRETARY THOMAS J.KINLAW III o r[ KENNETH MARKS Ted VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY DONALD FRANK,SR. AG EN DA City Council Regular Meeting November 8, 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, November 8, 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 5736 3290 And Passcode: 253741 (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 ir- 1 City Council Meeting City Hall Council Chamber City Of Port Arthur November 8, 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 7 III. PETITIONS & COMMUNICATIONS A. Speakers (1) Brittani Collins And Kirkni Richardson On Behalf Of Legacy CDC Regarding A New Program For Homeowners B. Presentations (1) A Presentation By Staff Regarding The Woodworth Boulevard Rehabilitation Project (2) A Presentation By Ardurra Group Regarding Funding For The El Vista And Port Acres Area — FEMA Funding Drainage Projects (3) A Presentation By Staff Regarding The September Monthly Financial Report & Quarterly Investment 1 ' AGENDA NOVEMBER 8, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition — None D. Correspondence — None E. Discussion — None l 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 AGENDA NOVEMBER 8, 2022 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED **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 (Al) Mayor Thurman Bartie: Texas Municipal League 110th Annual Conference And Exhibition San Antonio, Texas October 4 — 7, 2022 $1,879.99 (A2) Mayor Pro Tern Ingrid Holmes: Texas Municipal League 110th Annual Conference And Exhibition San Antonio, Texas October 4 — 7, 2022 $854.25 (A3) Councilmember Cal Jones: Texas Municipal League 110th Annual Conference And Exhibition San Antonio, Texas October 4 — 7, 2022 $1,712.72 AGENDA NOVEMBER 8, 2022 VII. CONSENT AGENDA — CONTINUED (A4) Councilmember Thomas Kinlaw: Texas Municipal League 110th Annual Conference And Exhibition San Antonio, Texas October 4 — 7, 2022 $1,854.18 (A5) Councilmember Kenneth Marks: Texas Municipal League 110th Annual Conference And Exhibition San Antonio, Texas October 4 — 7, 2022 $2,165.09 (A6) Councilmember Charlotte Moses: Texas Municipal League 110th Annual Conference And Exhibition San Antonio, Texas October 4 — 7, 2022 $1,846.95 (A7) Councilmember Donald Frank: Texas Municipal League 110th Annual Conference And Exhibition San Antonio, Texas October 4 — 7, 2022 $1,907.40 B. Minutes October 25, 2022 Special Meeting (Executive Session) October 25, 2022 Regular Meeting November 1, 2022 Special Meeting C. Resolutions (1) P.R. No. 22483 — A Resolution Authorizing The City Manager To Purchase Two (2) Mack LR64 Garbage Trucks For The Solid Waste — Garbage Division From Bruckner Truck Sales San Antonio, Texas, Through The HGAC Cooperative Purchasing Program For The Amount Of $723,658.00. Funding Is Available Through The Capital Improvement Fund Account, Account Number 307-50-000-8522-00- 10-000 4 AGENDA NOVEMBER 8, 2022 VII. CONSENT AGENDA — CONTINUED (2) P.R. No. 22484 — A Resolution Authorizing The City Manager To Purchase One (1) Mack Terrapro 64R Container Truck For The Solid Waste — Container Division From Volvo & Mack Trucks Of Waco, Texas, Through The TIPS Cooperative Purchasing Program For $342,081.96. Funding Is Available Through The Capital Improvement Fund Account, Account Number 307-50-000-8522-00- 100-000 (3) P.R. No. 22579 — A Resolution Authorizing The Filing Of An Application With The U.S. Environmental Protection Agency (EPA) For The FY 2023 Brownfield Community-Wide Assessment Grant Number EPA-OLEM-OBLR-22-05 For An Estimated Total Funding Ranging From $300,000.00 To $500,000.00 (4) P.R. No. 22654 — A Resolution Authorizing The City Manager To Purchase Two (2) 2023 Mack MD7S For The Solid Waste—Trash Division From East Texas Mack Sales, LLC, Of Longview, Texas For A Total Amount Of $411,362.00. Funding Is Available Through The Capital Improvement Fund Account, Account Number 307-50-000- 8522-00-10-000 (5) P.R. No. 22786 — A Resolution Authorizing Acceptance Of An Overpayment In The Amount Of $58,194.54 From USI Southwest For Windstorm Insurance (5th Layer) (6) P.R. No. 22818 — A Resolution Authorizing A Contract Amendment With The Port Arthur Health Department For The Community Development Block Grant - Coronavirus-3 (CDBG-CV3) Contract By Amending The Contract Termination Date From January 18, 2023 To June 30, 2023, Reprogramming $39,540.12 From COV301.GRA.CDB (CDBG-CV3 Utility Assistance) To Project #C0V302.GRA.CDB (CDBG- CV3 Health Department), And Increasing The Contract Budget To $288,725.12 (7) P.R. No. 22827 — A Resolution Authorizing The City Of Port Arthur Economic Development Corporation To Enter Into A Lease With Port Arthur Community Federal Credit Union For Suite 106A At 549 4th Street (The Press Building) 5 AGENDA NOVEMBER 8, 2022 VII. CONSENT AGENDA — CONTINUED (8) P.R. No. 22838—A Resolution Authorizing The Purchase Of A Smooth Single Drum Roller From Associated Supply Company, Inc. (ASCO) Of Houston, Texas Through BuyBoard Contract 597-19 For the Amount Of $107,298.60. Funding Is Available In Capital Improvement Account, Account No. 307-50-000-8522-00-10-000 (9) P.R. No. 22840 — A Resolution Authorizing The City Manager To Purchase A JCB 3CX-14 Backhoe From Earle Kinlaw &Associates, Inc (DBA EKA) Of Grayson, Georgia Through BuyBoard Contract No. 597- 19, For The Water Distribution Division In The Total Amount Of $86,076.19; Funds Are Available In Water Utilities Account No. 625- 40-000-8522-00-00-000, Equipment (10) P.R. No. 22841 — A Resolution Authorizing The City Manager To Enter Into A Contract With Brown Reynolds Watford Architects, Inc. Of College Station, Texas For Architectural, Design And Construction Management Services For The Replacement Of Fire Stations 2, In The Not To Exceed Amount Of $586,100.00. Funding Is Available In Capital Project Account No. 307-21-049-8512-00-10-000, Project No. BUI0012 (11) P.R. No. 22843 — A Resolution Ratifying An Emergency Payment In The Amount Of $51,915.85 To Republic Services Golden Triangle Landfill LP Of Beaumont, Texas For The Hauling And Disposal Of Contaminated Soil Excavated From Port Arthur Transit's Decommissioned Maintenance Building Located At 320 Dallas Avenue In Port Arthur, Texas; Funds Available In Account 401-70- 530-8512-00-60-000-TR1143-CAP BUI (12) P.R. No. 22846 — A Resolution Authorizing The City Manager To Execute Change Order No. 5 To The Contract Between The City Of Port Arthur And BDS Constructors, LLC DBA MK Constructors Of Vidor, Texas For The Remediation And Mitigation Project For The Twelve (12) Lift Stations Damaged By Hurricane Harvey, Increasing The Contract Amount By $13,513.00 To A New Total Contract Price Of $1,361,178.00 And Extending The Duration Of The Project Time By 120 Days To A New Completion Date Of 610 Days; Account No. 405-40-000-8516-00-00-000, Project No. WS0005-CON 6 AGENDA NOVEMBER 8, 2022 VII. CONSENT AGENDA — CONTINUED (13) P.R. No. 22848—A Resolution Authorizing The City Manager To Enter Into A Contract With SCS Engineers Of Houston, Texas, For Groundwater, Landfill Gas, And Air Quality Monitoring At The City Of Port Arthur Landfill For The Not-To-Exceed Amount Of $103,400.00. Funds Are Available In Public Works Department — Landfill Division's Professional Services Account, Account Number 403-50-320-5420- 00-00-000 (14) P.R. No. 22849—A Resolution Authorizing The City Manager To Enter Into A Contract With Soutex Surveyors And Engineers Of Port Arthur, Texas, For Professional Services Rendered As Design Engineer And Project Manager For The 3rd Avenue Lift Station Improvements Project, With A Projected Budgetary Impact Of $139,360.00; Funds Are Available In Account No. 405-40-000-8516-00-00-000, Project No. WS0017-DES (15) P.R. No. 22850—A Resolution Authorizing The City Manager To Enter Into A Contract With Soutex Surveyors And Engineers Of Port Arthur, Texas, For Professional Services Rendered As Design Engineer And Project Manager For The El Vista Water Line Replacement Project, With A Projected Budgetary Impact Of $79,450.00; Funds Are Available In Account No. 405-40-000-8516-00-00-000, Project No. WS0007-DES (16) P.R. No. 22856 — A Resolution Authorizing The City Manager To Execute An Agreement With Barricades Unlimited Of Beaumont, Texas, For The Annual Street Striping Of City Streets For The Not- To-Exceed Amount Of $750,000.00. Funding Is Available In The Capital Improvement Fund's Streets Account, Account Number 307- 21-053-8517-00-10-000, And In The Public Works—Traffic Division's Streets Maintenance Account, Account Number 001-21-057-5316- 00-70-000 (17) P.R. No. 22872 — A Resolution Authorizing The Issuance Of A Permit For Jurassic Adventures LLC, Pursuant To Chapter 22, Article III, Division 2 Of The City Of Port Arthur Code Of Ordinances AGENDA NOVEMBER 8, 2022 VII. CONSENT AGENDA — CONTINUED (18) P.R. No. 22874 — A Resolution Authorizing The City Manager To Accept The Jefferson County Tourism Grant In The Amount Of $15,115.00 For Improvements To The Beach/Park On The Waterway For Renovating Restrooms On Pleasure Island (19) P.R. No. 22882 — A Resolution Authorizing The City Manager To Enter Into A Contract With Brown Reynolds Watford Architects, Inc. Of College Station, Texas For Architectural, Design And Construction Management Services For The Replacement Of Fire Station 3, In The Not To Exceed Amount Of $740,700.00. Funding Is Available In Capital Project Account No. 307-21-049-8512-00-10-000 Project No. BUI0013 (20) P.R. No. 22883 — A Resolution Authorizing The City Manager To Extend The Non-Exclusive Ambulance Agreement With Acadian Ambulance Service, Inc. For A Period Of Ninety (90) Days VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22817 —A Resolution Appointing Or Reappointing A Member To The Planning And Zoning Commission (2) P.R. No. 22822 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Engaging The Services Of The Chapman Firm PLLC For Legal Services In The Interest Of The Construction Project At 549 4th Street. For An Amount Not To Exceed $50,000.00. Funds Available In EDC Account No. 120-80-625-5420-00-00-000 (3) P.R. No. 22858 — A Resolution Authorizing The November 22, 2022 Regularly Scheduled Council Meeting To Be Rescheduled From 5:30 P.M. To November 22 2022 At 9:30 A.M. immumumii AGENDA NOVEMBER 8, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 7062 — An Ordinance Amending Section 114-130 Of Article IV(Wrecker Drivers Responsibility), Adding Subsection (j) Of Chapter 114 (Vehicles For Hire) Of The Code Of Ordinances Of The City Of Port Arthur (2) P.O. No. 7084 — An Ordinance Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $20,950.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Police Vehicle #2052 (3) P.O. No. 7107 — An Ordinance Authorizing The Retirement Of Police Canine "Ayton" And Transferring The Ownership Of The Canine To The Personal Care Of Officer Gregory Mouton (4) P.O. No. 7108 — An Ordinance Amending Chapter 50 (Law Enforcement), Article II (Police Reserve Force), Section 50-32 (Qualifications) Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Residential And Age Requirements (5) P.O. No. 7113 — An Ordinance Adding Article II, Division 4 (Wage & Salary Administration), Section 158 (Additional Compensation) To The Code Of Ordinances And Section 17-72 To The City Of Port Arthur's Personnel Policy As It Pertains To Additional Holiday Compensation To City Employees (Requested By Councilmembers Marks And Kinlaw) 9 AGENDA NOVEMBER 8, 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, Litigation 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 In Downtown Port Arthur (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property In the City's Extraterritorial Jurisdiction/Industrial District (4) Section 551.087 Government Code—To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect In A Neighborhood Empowerment Zone (NEZ) *The Items In Executive Session May Be Discussed And Acted On In Open Session to AGENDA NOVEMBER 8, 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 November 9, 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.