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HomeMy WebLinkAboutDECEMBER 20, 2022 REGULAR MEETING 9:30 AM THURMAN BILL BARTIE,MAYOR E„,,$y RON BURTON INGRID HOLMES,MAYOR PRO TEM City of cityCITY 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 Texas VAL TREND CHARLOTTE MOSES CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting December 20, 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 20, 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: 852 7823 7322 And Passcode: 640539 (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.portarthurbc.gov City Council Regular Meeting City Hall Council Chamber City Of Port Arthur December 20, 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, 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) Phillip Kees Cupples Regarding Water Disconnection (2) Rabindra Nauth Of Dwarka Construction Regarding Investment Properties And Demolition Of Property (3) Punarbassi Sandy Regarding Investment Properties And Harassment (4) Keith Carter Regarding Drainage In El Vista Area B. Presentations (1) A Presentation By Sigma Engineering, Inc. Regarding An Update On The Renovation/Relocation Of The City's Health Department (Requested By Councilmember Kinlaw) 1 AGENDA DECEMBER 20, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation By Deborah Tomov, Executive Director Of Family Services Of Southeast Texas Incorporation Regarding A Request For Funding For A New Shelter (Requested By Mayor Bartie) (3) A Presentation By Staff Regarding The October Financial Report C. Employee Recognition (1) In Recognition Of The Holiday Committee 2022 (2) Introduction Of Port Arthur Economic Development Corporation, Chief Executive Officer Terry Stokes (Requested By Mayor Bartle) 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; (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; AGENDA DECEMBER 20, 2022 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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 (Al) Mayor Thurman Bartie: 2022 National League Of Cities City Summit Kansas City, MO November 16 — 19, 2022 $2,774.27 (A2) Councilmember Thomas Kinlaw: 2022 National League Of Cities City Summit Kansas City, MO November 16 — 19, 2022 $2,582.59 AGENDA DECEMBER 20, 2022 VII. CONSENT AGENDA — CONTINUED (A3) Councilmember Kenneth Marks: 2022 National League Of Cities City Summit Kansas City, MO November 16 — 19, 2022 $2,705.58 (A4) Councilmember Donald Frank: 2022 National League Of Cities City Summit Kansas City, MO November 16 — 19, 2022 $2,619.58 (A5) City Manager Ronald Burton: 2022 National League Of Cities City Summit Kansas City, MO November 16 — 19, 2022 $2,439.13 B. Minutes — None C. Resolutions (1) P.R. No. 22801 —A Resolution Authorizing A Chapter 380 Agreement With Saigon Town, LLC For The Redevelopment Of A Commercial Property Located In A Neighborhood Empowerment Zone (2) P.R. No. 22859 — A Resolution Authorizing The City Manager To Purchase One Trailer For The Water Utilities Department From Holt Texas, LTD DBA Truck Centers Of Houston, Texas Through BuyBoard Contract No. 599-19 In The Total Not To Exceed Amount of $41,489.06. Funds Are Available In Account No. 625-40-000-8522- 00-00-000, Equipment (3) P.R. No. 22891 — A Resolution Authorizing The City Manager To Purchase Two (2) John Deere 35G Compact Excavators From Doggett Heavy Machinery Services Of Beaumont, Texas Through The BuyBoard Purchasing Contract No. 597-19 For An Amount Of $107,800.00 From Account No. 625-40-000-8522-00-00-000, Equipment 4 Fir AGENDA DECEMBER 20, 2022 VII. CONSENT AGENDA — CONTINUED (4) P.R. No. 22907 — A Resolution Authorizing The City Manager To Renew The Annual Lease Agreement With Function 4 With Pricing Through Texas BuyBoard Contract # 616-20 For (5) Years For Copiers And High-Speed Scanners At A Cost Of $1,705.04 Per Month Or $20,461.68 Annually For The Police Department. Funds Available In Account No. 001-17-045-5401-00-30-000 (5) P.R. No. 22919 — A Resolution Authorizing The City Manager To Execute Amendment 2 To The Interlocal Cooperation Contract With Spindletop Center (MHMR) To Participate In The Mental Health Liaison Program (6) P.R. No. 22921 —A Resolution Authorizing The City Manager To Enter Into A Contract With Kraftsman Commercial Playgrounds And Water Parks Of Spring, Texas For The Construction Of A Playground, Through Texas BuyBoard Cooperative Purchasing Contract No. 679- 22, In The Total Amount Not To Exceed $749,957.75; Funding Available In Account Number 307-60-000-8525-00-10-000 Project Number. PI0003 (7) P.R. No. 22929 — A Resolution Authorizing The City Manager To Execute A Three-Year Contract Between The City Of Port Arthur And Synovia Solutions For GPS Fleet Tracking System Of City Vehicles, With A Projected Annual Budgetary Impact Of $11,700.00; Funding Available In The Police Department's Communication Account No. 001-17-045-5401-00-30-000 (8) P.R. No. 22930 — A Resolution Authorizing The 2022-2023 Jefferson Central Appraisal District Funding Allocation In An Amount Of $250,556.89 From Account No. 001-07-015-5420-00-10-000 (9) P.R. No. 22931 — A Resolution Authorizing The 2022-2023 Orange County Appraisal District Funding Allocation In An Amount Of $22,418.00 From Account No. 001-07-015-5420-00-10-000 5 AGENDA DECEMBER 20, 2022 VII. CONSENT AGENDA — CONTINUED (10) P.R. No. 22934—A Resolution Authorizing The City Manager To Enter Into A Contract With Preferred Facilities Group — USA Of Beaumont, Texas For The Construction Of A Disc Golf Course, Through Texas BuyBoard Cooperative Purchasing Contract No. 581-19, In The Total Amount Not To Exceed $110,000.00; Funding Available In Account Number 307-60-000-8525-00-10-000 Project Number. PI0002 (11) P.R. No. 22935 — A Resolution Authorizing The City Manager To Accept The Engineer's Certificate Of Substantial Completion, Contractor's Affidavit Of Release Of Liens, Contractor's Certificate And Release, Contractor's Affidavit Of Payment Of Debts And Claim, Contractor's Certificate Of Debts Paid, Contractor's Certificate Of Warranty, And Authorizing The City Manager To Sign The Certificate Of Acceptance And Approval Of Final Payment Of Retainage In The Amount Of $14,757.21 To McInnis Construction, Inc. Of Silsbee, Texas For The Phase III Repair And Renovation Of The Department Club. Funding Available In Account Number 307-21-049-8512-00-10- 00; Project No. B00011 (12) P.R. No. 22936 —A Resolution Approving An Economic Development Performance Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And MPW Industrial Water Services, Inc. In An Amount Not To Exceed $485,363.00; Funds Available In EDC Account No. 120-80-625-5478-00-00-000 (13) P.R. No. 22938 — A Resolution Ratifying The Emergency Repair Of Fire Engine 6 By Siddons-Martin Of Port Arthur, Texas In The Not To Exceed Amount Of $28,142.22. Funds Available In Fire Department Vehicle Maintenance Account No. 001-19-047-5319-00-30-00 (14) P.R. No. 22941 — A Resolution Authorizing The City Manager To Execute A Two-Year Dedicated Internet And Voice Agreement And A Dedicated Internet Pricing Schedule Agreement With AT&T Through The Department Of Information Resources (DIR) Procurement Program With A Projected Budgetary Impact Amount Of $142,539.00. Year One Funding Available In Information Technology Communications Account 001-09-023-5482-00-10-000 6 AGENDA DECEMBER 20, 2022 VII. CONSENT AGENDA — CONTINUED (15) P.R. No. 22942 — A Resolution Authorizing The City Manager To Execute Settlement Of Rental Fees For A Landfill Compactor From Aljon In The Amount Of $14,000.00 Made Against Texas Municipal League Intergovernmental Risk Pool As A Result Of Property Damage To Landfill Compactor Unit #1636 (16) P.R. No. 22944 — A Resolution Authorizing The City Manager To Execute Settlement Of A Property Damage Claim In The Amount Of $53,045.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Property Damage To A Parks Playscape System (Lakeview Park) (17) P.R. No. 22945 — A Resolution Authorizing The City Manager To Amend The Professional Services Agreement With Eddie Peacock, PLLC For Interim Accounting Support To The City Of Port Arthur By Extending The Contract Time For An Additional Three Months To March 31, 2022 And Updating The Fees For Services With An Additional Budgetary Impact Of $21,000.00 Making The Total Budgetary Impact Not To Exceed $120,000.00; Funds Are Available In The Finance Department FY 22-23 Account No. 001-07-015-5420- 00-10-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22892 — A Resolution Authorizing The City Manager To Execute Deductive Change Order No. 2 With Allco, LLC Of Beaumont, Texas, To Provide A Cost Reduction Of ($73,564.57) To A New Total Contract Amount Of $67,335,613.43 For The Rehabilitation And Modification Of The Main Wastewater Treatment Plant With Funding Available Through The Following: $56,163,847.43 From Account No. 404-40-000-8516-00-00-000, Project No. TW-0003-CON And $11,171,766.00 From 169-07-015-8516-00-40-000, Project No. ARP002-GRE-WWT (2) P.R. No. 22926 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Mayor Bartie) 7 AGENDA DECEMBER 20, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 7118 — An Ordinance Amending Ordinance 22-68 As It Pertains To The Sale Of Surplus Vehicles By A Public Online Auction Through Rene Bates Auctioneers, Inc. (2) P.O. No. 7119 —An Ordinance Authorizing The Sale Of A City Owned Vacant Tract Of Land Located In The Mariner's Cove Subdivision On Pleasure Island, Legally Described As Lot Number 84, Marina Colony, Section One, As Set Forth In Chapter 253 Texas Local Government Code And To Further Authorize The Execution Of Special Warranty Deed 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 8 AGENDA DECEMBER 20, 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 Properly 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 *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 21, 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.