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HomeMy WebLinkAboutJANUARY 17, 2023 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYOR RON BURTON INGRID HOLMES,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: IJ SHERRI BELLARD,TRMC CAL J.JONES `y- CITY SECRETARY THOMAS J.KINLAW III o r t r t h u r KENNETH MARKS VAL TREND CHARLOTTE MOSES Texas CITY ATTORNEY DONALD FRANK,SR. AG EN DA City Council Regular Meeting January 17, 2023 5:30 P.M. The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 5:30 P.M. CST On Tuesday, January 17, 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: 858 8997 3098 And Passcode: 229229 (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 January 17, 2023 5:30 PM 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) Cordella Lyon, Golden Triangle Emergency Nurses Association Regarding Workplace Violence (2) Tom Harrison, ALLCO, LLC Regarding Proposed Resolution Number 22959, Port Acres & El Vista Drainage Project B. Presentations (1) A Presentation By The Quasquicentennial Steering Committee And Celebration Team Led By Verna Rutherford, Pat Avery, Dr. Albert Thigpen And Dr. Sam Monroe (2) A Presentation By Staff Regarding The November Financial Report AGENDA JANUARY 17, 2023 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.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 4 0 AGENDA JANUARY 17, 2023 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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. 22956 — 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 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 December 20, 2022 Regular Meeting January 9, 2023 Regular Meeting AGENDA JANUARY 17, 2023 VII. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 22922 — A Resolution Authorizing The City Manager To Execute Amendment No. 8 To The Software As A Service Agreement (SAAS) With Tyler Technologies Approved Pursuant To Resolution 19-392 To Adjust The Quarterly SAAS Payment Schedule To Reflect Changes In Implementation Dates For The Utility Billing System And The Asset Management Systems And To Receive A Credit Of $16,641.75 For Payment Made For The October 2022 — December 2022 Period (2) P.R. No. 22924 — A Resolution Authorizing The City Manager To Execute Change Order Nos. 1, 2 And 3 And Release Of The Retainage In The Amount Of $5,653.80 To Cross Plus Construction Of Waco, Texas, For The Completion Of The Demolition Of Port Arthur Transit's Decommissioned Maintenance Building Foundation Located At 320 Dallas Avenue; Funding Available In Transit Account 401-70-530- 8512-00-06-000, TR11430-CAP-OCO (3) P.R. No. 22940 — A Resolution Authorizing The Purchase Of A Playscape System For Lakeview Park Located At 5200 7th Street From Kraftsman Commercial Playgrounds & Water Parks Of Spring, Texas Through Texas BuyBoard Cooperative Purchasing Contract No. 679-22 In The Amount Of $87,932.80; Funding Available In Account Number 307-25-067-8525-00-10-000 Project Number PR0008 (4) P.R. No. 22958 — A Resolution Authorizing The Acceptance Of A Grant/Donation From The Williams Companies, Inc. For First Responder Support In The Amount Of $2,000.00 (5) P.R. No. 22962 — A Resolution Authorizing The City Manager To Approve A 36-Month Spectrum Enterprise Service Order To Continue Providing Internet Service At City Hall For A Projected Annual Amount Of $13,188.00. Funding Is Available In The Information Technology Communication Account 001-09-023-5482-00-10-000 4 AGENDA JANUARY 17, 2023 VII. CONSENT AGENDA — CONTINUED (6) P.R. No. 22963 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And Paramount Design & Development Of Beaumont, Texas, For The Reconstruction Of Four (4) Homes, Increasing The Contract Amount By $22,704.05 To A New Contract Total Of $709,223.00. Funds Will Be Provided From Account No. 105-13-033- 5470-00-40-000, Project Numbers CD5115, CD6145, CD7115, CD7145 And The Texas Department Of Housing And Community Affairs Home Investment Partnerships Program Reservation System (7) P.R. No. 22967 —A Resolution Authorizing The City Of Port Arthur To Enter Into An Agreement With The Workforce Solutions Southeast Texas Board Of Beaumont, Texas, For Additional Child Care Funds (8) P.R. No. 22968—A Resolution Authorizing The City Manager To Enter Into A Contract With Preferred Facilities Group-USA, LLC Of Beaumont, Texas Through Buy Board Texas Cooperative Purchasing Program (Contract No. 581-19) For The Repair Of The Interior Of I Station #6 In The Not To Exceed Amount Of $45,912.89; Funding Available In Fire Department Building Maintenance Account No. 001- 19-047-5312-00-30-000 (9) P.R. No. 22969—A Resolution Authorizing The City Manager To Enter Into A Contract With Preferred Facilities Group-USA, LLC Of Beaumont, Texas Through BuyBoard Texas Cooperative Purchasing Program (Contract No. 581-19) For The Repair And Waterproofing Of The Exterior Of Station #8 In The Not To Exceed Amount Of $61,183.37; Funding Available In Fire Department Building Maintenance Account No. 001-19-047-5312-00-30-000 (10) P.R. No. 22971 — A Resolution Authorizing The Repair Of One Screw Pump And Replacement Of One Gearbox By RPM Services, Inc. Of Iowa Colony, Texas Through BuyBoard Contract No. 672-22 With A Projected Budgetary Impact In The Amount Of $37,905.00, Funding Is Available In Water Utilities Account No. 410-40-225-5318-00-00- 000, Equipment Maintenance 5 AGENDA JANUARY 17, 2023 VII. CONSENT AGENDA — CONTINUED (11) P.R. No. 22973 — A Resolution Nominating BASF Corporation To The Office Of The Governor Economic Development And Tourism (OOGEDT) Through The Economic Development Bank For Designation As A Qualified Business And Enterprise Project Under The Texas Enterprise Zone Program Under The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (12) P.R. No. 22974 — A Resolution Authorizing The City Manager To Purchase Computers And Related Equipment From Dell Marketing, L.P. Through The Texas Department Of Information Resources Purchasing Program In An Amount Not To Exceed $62,000.00. Funding Budgeted In Information Technology Account 001-09-023- 5241-00-10-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent — None B. Ordinances — Non-Consent — None IX. 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 18, 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 *************************************************** 6 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.