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HomeMy WebLinkAboutJANUARY 09, 2023 REGULAR MEETING 9:30 AM THURMAN BILL BARTIE,MAYOR Energ RON BURTON INGRID HOLMES,MAYOR PRO TEM City of j citY CITY MANAGER COUNCIL MEMBERS: II 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 7< l`f CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting January 9, 2023 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 Monday, January 9, 2023 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: 865-3446-4831 And Passcode: 052131 (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 January 9, 2023 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 — None B. Presentations (1) A Presentation By Staff Regarding Update On Crime And Police Department Vacancies (Requested By Councilmember Kinlaw) (2) A Presentation By The Texas Water Development Board Regarding The City Of Port Arthur Finance Policy Manual C. Employee Recognition — None D. Correspondence — None E. Discussion — None I AGENDA JANUARY 9, 2023 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 2 AGENDA JANUARY 9, 2023 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 Manager Ronald Burton: TML Public Funds Investment Act Training San Antonio, TX December 7 — 9, 2022 $1,209.04 B. Minutes November 22, 2022 Regular Meeting December 6, 2022 Regular Meeting C. Resolutions (1) P.R. No. 22821 — A Resolution Authorizing The City Manager To Accept The Certificate Of Completion, Contractor's Certificate And Release, Contractor's Certificate Of Warranty, Contractor's Certificate Of Debts Paid On The Contract Between The City Of Port Arthur And Preferred Facilities Group USA, LLC, Of Beaumont, Texas For The Austin Avenue Drainage Installation Project And Approval Of The Release Of Retainage In The Amount Of $5,989.83 From The Capital Improvements Street Maintenance Account No. 307-21-053-8517- 00-10-000. Project No. DT0001-CON (2) P.R. No. 22857 — A Resolution Authorizing The City Manager To Repair The 826K Compactor For The Landfill By Mustang CAT Of Beaumont, Texas Through The Sourcewell Cooperative Purchasing Contract No. 032119 In The Not-To-Exceed Amount Of$151,266.92. Funds Are Available In The Landfill's Equipment Maintenance Account, Account Number 403-50-320-5318-00-00-000 mow_ J AGENDA JANUARY 9, 2023 VII. CONSENT AGENDA — CONTINUED (3) P.R. No. 22887 — A Resolution Authorizing The City Manager To Renew The Contract With INEOS Calabrian Of Port Neches, Texas For The Purchase Of Liquid Sodium Bisulfite For An Additional Six- Month Period, With A Projected Budgetary Impact Amount Of $210,000.00. Funds Are Available In Utilities Account No. 410-40- 225-5217-00-00-000, Treatment Chemicals (4) P.R. No. 22910 — A Resolution Accepting A Water Utility Easement From Lamar State College Port Arthur For The Construction, Installation, Laying, And Maintenance Of Water Utility (5) P.R. No. 22939 — A Resolution Authorizing The City Manager To Accept Close Out Documents Submitted By SETEX Facilities And Maintenance, LLC Of Beaumont, Texas, And Approve The Release Of Retainage In The Amount Of $48,113.07 For The Construction Of A Spray Park, Soccer Field And Volleyball Court At 5200 7th Street; Funding Available In Account Number 307-25-067-8525-00-10-000 Project Number PR0003 (6) P.R. No. 22943 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Global Drilling, Inc. Of Winnie, Texas For The Sabine Pass Pipebursting Project No. 2 Increasing The Contract Time By 85 Days, With A New Contract End Date Of March 8, 2023 And Increasing The Contract Amount By $107,070.00 With A New 4 Contract Amount Of $605,693.90; Funding Is Available In Account No. 405-40-000-8516-00-00-000, Project No. WS-0006-CON (7) P.R. No. 22948 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Arceneaux Wilson & Cole, LLC Of Port Arthur, Texas, For The Engineering, Design And Construction Services Of The 46th Street Lift Station Project, In The Not To Exceed Amount Of $111,600.00. Funds Are Available In Account No. 405-40-000-8516-00-00-000, Project No. WS-0005 4 AGENDA JANUARY 9, 2023 VII. CONSENT AGENDA — CONTINUED (8) P.R. No. 22949 — A Resolution Authorizing The City Manager To Accept The Fiscal Year 2023 Project Safe Neighborhood Block Grant Program (PSN) Funding In The Amount Of $91,270.86 With No Grant Match Requirement (9) P.R. No. 22950 — A Resolution Authorizing The City Manager To Execute Change Order Nos. 1 And 2 To The Contract With L & L General Contractors Of Beaumont, Texas For The Repair Of Port Arthur Transit's Canopy Located At 325 Dallas Avenue, Increasing The Contract Amount By $5,106.00 To A New Total Contract Amount Not To Exceed $40,101.00; And A Time Extension Of 18 Additional Days. Funding Is Available In Account 401-70-530-8512-00-60-000 Project TR1553 ■ (10) P.R. No. 22951 —A Resolution Authorizing The City Manager To Enter Into An Agreement With The Labiche Architectural Group, Inc. Of Beaumont, Texas For The Development Of Professional Plans For Repairs To Pompeiian Villa And Submission To The Texas Historical Commission, As Well As Working With The Texas Historical Commission For Approval, In The Amount Of $28,000.00 Plus Reimbursables Not To Exceed $1,000.00. Funds Available In Project String B00015-DES, Account 307-21-049-8512-00-10-000 (11) P.R. No. 22953 — A Resolution Authorizing The City Manager To Purchase One (1) Mack MD7 Commercial Truck For The Solid Waste — Commercial Division From Vanguard Truck Centers Of Houston, Texas, Through East Texas Mack And The Tips (Formerly Tips/Taps) Cooperative Purchasing Program For The Amount Of $196,662.00. Funding Is Available Through The Capital Improvement Fund Account, Account Number 307-50-000-8522-00-10-000, Project Number CE0005 (12) P.R. No. 22955 — A Resolution Ratifying The Jefferson County Commissioners' Court Action To Waive The Penalties And Interest In The Amount Of $209.31 And Accept The Payment Of $127.03 Per Section 33.011 Of The State Property Tax Code 5 AGENDA JANUARY 9, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22956 — A Resolution Adopting The City Of Port Arthur Finance Policies Manual (2) P.R. No. 22959 — A Resolution Rejecting The Bids Submitted For The El Vista Subdivision And Port Acres Subdivision Drainage Improvement Projects And Authorizing The Purchasing Division To Re-Advertise The Invitations To Bid (3) P.R. No. 22961 — A Resolution Accepting A Proposal From Selim Kiralp, LLC Investments For The Purchase And Development Of 35.24 Acres Of Land Located On Pleasure Island And Further Authorizing The Negotiation Of A Development Agreement And All Necessary Documents To Facilitate The Sale Of Said Land B. Ordinances — Non-Consent — None 6 AGENDA JANUARY 9, 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 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 551.087 Government Code — To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect (3) 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 *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA JANUARY 9, 2023 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 January 10, 2023. 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.