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HomeMy WebLinkAboutDECEMBER 6, 2022 REGULAR MEETING 9:30 AM 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 rt rth u r KENNETH MARKS VAL TIZENO CHARLOTTE MOSES Texas CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting December 6, 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, December 6, 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 3604 5920 And Passcode: 300531 (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 Regular Meeting City Hall Council Chamber City Of Port Arthur December 6, 2022 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartle Mayor Pro Tern Holmes Councilmember Jones 1 Councilmember Kinlaw, III Councilmember Marks Councilmember Moses Councilmember Frank, Sr. City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Pamela Graham Regarding Trash On The Westside (2) Gerry Howard Regarding A Claim Denied By The Texas Municipal League Intergovernmental Risk Pool (TMLIRP) At 1035 Beaumont Avenue, Port Arthur Texas ***** RECESS***** MEETING TO RECONVENE AT 1:30 P.M. 1 AGENDA DECEMBER 6, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED 1:30 P.M. B. Presentations (1) A Presentation By Attorney Karen Kennard Regarding The 2023 Texas Legislative Session (2) A Presentation By Sigma Engineering, Inc. Regarding An Update On The Renovation/Relocation Of The City's Health Department (Requested By Councilmember Kinlaw) (3) A Presentation By PGAL, Inc. Regarding An Update On The Relocation Of The City's Animal Shelter (Requested By Councilmember Kinlaw) (4) A Presentation By Foundation 99 And Staff Regarding Financial Wellness (5) A Presentation By The Port Arthur Quasquicentennial (125th Anniversary) Celebration Committee. Representatives, Ms. Verna Rutherford, Ms. Pat Avery, Dr. Albert T. Thigpen And Dr. Sam Monroe C. Employee Recognition — None D. Correspondence — None 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; 4 AGENDA DECEMBER 6, 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 (1) 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 AGENDA DECEMBER 6, 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 — None B. Minutes — None C. Resolutions (1) P.R. No. 22906 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $64,393.52 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Wastewater Conveyance Trackhoe Unit #2467 (2) P.R. No. 22912 — A Resolution Ratifying An Interlocal Contract With The City Of Beaumont, Jefferson County, Hardin County, Orange County, And Jasper County To Secure Grant Funding From The State Of Texas Automobile Theft Prevention Authority For Operation Of The Southeast Texas Auto Theft Task Force (3) P.R. No. 22918 — A Resolution Authorizing The Execution Of The Second Amendment To The Industrial District Agreement Between The City Of Port Arthur, Port Arthur LNG, LLC And Its Subsidiary, PALNG Common Facilities Company, LLC (4) P.R. No. 22920 — A Resolution Authorizing The Fourth Year (Third Renewal) Of The Contract With SirsiDynix Of Minneapolis, MN For The Integrated Library System (ILS) At The Port Arthur Public Library In The Amount Of $17,154.88. Funds Are Available In Library Account No. 001-27-071-5470-00-20-000 4 AGENDA DECEMBER 6, 2022 VII. CONSENT AGENDA — CONTINUED (5) P.R. No. 22923 — A Resolution Notifying City Council Of The Immediate Need For Repairs At The Port Acres Influent Lift Station By Allco, Inc. Of Beaumont, Texas With A Total Budgetary Impact Of $500,000.00; Funds Are Available In Water Utilities Capital Improvement Fund Account No. 405-40-000-8516-00-00-000, Water Utility Systems, Project No. WS000S-CON (6) P.R. No. 22925 —A Resolution Authorizing The City Manager To Enter Into A Contract With PGAL, Inc. Of Houston, Texas To Provide Professional Architectural Project Design And Construction Administration Phase Services For The City Animal Shelter Being Relocated To The Former Christus St. Mary Hospital Campus, 3600 Gates Boulevard, Port Arthur, Texas, In An Amount Not To Exceed $783,800.00: Funding Available In Capital Projects Account: 307-21- 049-8512-00-10-000; Project No. B00008-DES VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22928 — A Resolution Authorizing One-Time Exceptions To The Ceremonial Street Renaming Policy (Requested By Councilmember Jones) (2) P.R. No. 22932 — A Resolution Authorizing The December 20, 2022 Regularly Scheduled Council Meeting To Be Rescheduled From 5:30 P.M. To December 20, 2022 At 9:30 A.M. (3) P.R. No. 22933 — A Resolution Authorizing The January 3, 2023 Regularly Scheduled Council Meeting Date To Be Rescheduled To January 9, 2023 B. Ordinances — Non-Consent (1) P.O. No. 7110 — An Ordinance Designating Tuesday, December 27, 2022 As A Legal Holiday 5 AGENDA DECEMBER 6, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.O. No. 7115 —An Ordinance Authorizing The Execution Of A Special Warranty Deed To Stephen Romeo, As It Pertains To The Property Located At 580 Pleasure Pier Boulevard; Legally Described As Unit 215, Building "B", Phase II, Pleasure Island Sea Cabins (3) P.O. No. 7116 —An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (4) P.O. No. 7117 — An Ordinance Amending Ordinance No. 22-84 As It Pertains To Providing For Holiday Pay For Fiscal Year 2022/2023 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 Presidingnhj 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 6 AGENDA DECEMBER 6, 2022 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (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 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 Prospects *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 December 7, 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 *************************************************** I 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.