STATE OF TEXAS 3 - May 13, 2025 COUNTY OF ORANGE 3 BE IT REMEMBERED THAT a Regular Meeting of the Orange City Council of the City of Orange, Orange County, Texas, was heldi in the City Council Chambers (Orange Public Library Auditorium) on Tuesday, May 13, 2025. COUNCIL MEMBERS PRESENT: Larry Spears Jr. Mayor Paul Burch Mayor Pro-Tem Brad Childs Council Member Terrie T. Salter Council Member Mary McKenna Council Member Caroline Hennigan Council Member George Mortimer Council Member *After Council Member Mortimer was sworn in, he took his seat at the dias replacing Council Member Hennigan. COUNCIL MEMBERS ABSENT: Matt Chandler Council Member STAFF MEMBERS PRESENT: Michael Kunst City Manager Jay Trahan Assistant City Manager, Director of Economic Development Patricia Anderson City Secretary Jennifer Pool Deputy City Secretary Lane Martin Chief of Police John Bilbo Fire Chief Kelvin Knauf Director of Planning and C 0 m m u n i t y Development Adam Jack Director of Public Works Brenna Manasco Library Director Marvin Benoit Building Official Randy Holman Building Inspector Hillary Gravett Assistant EDC Director Alison Clary Communication and Marketing Coordinator Madison Floyd Deputy Director of Public Works Rita Monson Grants Planner Amy Williams Public Works Secretary Isaac Henry Police Baliff Kate Leverett City Attorney Anna Seale Attorney with Germer STAFF MEMBERS ABSENT: Cheryl Zeto Director of Finance Divon Williams Deputy Director of CVB/Assistanttot the Regular Meeting 2 May 13, 2025 City Manager Mike Zeto CIS Manager Jake Travis IT Technician Mayor Spears called the meeting to order at 9:00 a.m. Council Member Hennigan led the Invocation and Pledge of Allegiance. MOTION FINDING THAT THE ADVANCE POSTING AND NOTICE REQUIREMENTS OF ARTICLE 8.1200 OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS HAVE BEEN MET IN RELATION TO ALL MINUTES AND PENDING ORDINANCES AND RESOLUTIONS ON THIS AGENDAAND THAT THE READING OF SUCHITEMS BE CONFINED TO THE CAPTIONS AS ARE AGREED UPON BY THE ORDINANCES AND RESOLUTIONS. Mayor Pro-Tem Burch moved to approve the motion. Second to the motion was made by Council Member Salter which carried with the following vote: COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Burch, Council Member Childs, Council Member Salter, Council Member McKenna and Council Member Hennigan COUNCIL MEMBERS VOTING NO: None CITIZEN COMMENTS Faheem Khuwaja, 610 N. 16th Street, advised he is speaking on behalf of business owners regarding the City of Orange's gaming ordinance. He advised the following regarding the Fort Worth court case and the City's gaming ordinance: the decision did not come from the Supreme Court it is not binding in Orange Orange is a small city and the State is giving licenses to operate He asked that the City wait and see what other bigger cities do first. CANVASS RESULTS OF MAY 3, 2025 GENERAL ELECTION APPOINT A COMMITTEE OF TWO CITY COUNCIL MEMBERS TO CANVASS THE RETURNS OF THE GENERAL ELECTION HELD IN THE CITY OF ORANGE, TEXAS ON THE 3rd DAY OF MAY, 2025. (COMMITTEE MEMBERS WILL CANVASS RETURNS INSIDE ORANGE PUBLIC LIBRARY. CITIZENS MAY ATTEND THE CANVASS.) Mayor Spears appointed Council Member Salter and Council Member Hennigan to canvass the returns of the Election. RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD IN THE CITY OF ORANGE, TEXAS, ON THE 3rd DAY OF MAY, Regular Meeting 3 May 13, 2025 2025. (READ RESOLUTION IN ITS ENTIRETY) Mayor Spears read the canvass resolution in its entirety declaring the following results: Place 2 Single-Member District 2) Brad Childs 206 Total Votes Place 4 Single-Member District 4) Alan Mesecher 38 Total Votes Mary McKenna 96 Total Votes Place 5 (At-Large) George Mortimer 350 Total Votes Reginald Broussard 236 Total Votes Total Ballots Cast 595 Mayor Pro-Tem Burch moved to approve the resolution. Second to the motion was made by Council Member Salter which carried with the following vote: COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Burch, Council Member Childs, Council Member Salter, Council Member McKenna and Council Member Hennigan COUNCIL MEMBERS VOTING NO: None A copy of this resolution is being made a part of these minutes as Resolution Number 2025-46. Mayor Spears thanked Council Member Hennigan for her years of service to the City and the community. Council Member McKenna advised they have run together and that she will miss her. Council Member Childs advised it was a pleasure to work with her. Council Member Salter and Mayor Pro-Tem Burch thanked her for her service. CONDUCT CEREMONIES FOR NEWLY ELECTED COUNCIL MEMBERS CERTIFICATE OF ELECTION: COUNCIL MEMBER PLACE 2 SINGLE-MEMBER DISTRICT 2) Mayor Spears presented Council Member Childs with his Certificate of Election. Regular Meeting 4 May 13, 2025 OATH OF OFFICE: COUNCIL MEMBER PLACE 2 SINGLE-MEMBER DISTRICT 2) Judge Bearden administrated the Oath of Office to Council Member Childs. CERTIFICATE OF ELECTION: COUNCIL MEMBER PLACE 4 SINGLE-MEMBER DISTRICT 4) Mayor Spears presented Council Member McKenna with her Certificate of Election. OATH OF OFFICE: COUNCIL MEMBER PLACE 4 SINGLE-MEMBER DISTRICT 4): Judge Bearden administrated the Oath of Office to Council Member McKenna. CERTIFICATE OF ELECTION: COUNCIL MEMBER PLACE 5 (AT-LARGE) Mayor Spears presented Council Member Mortimer with his Certificate of Election. OATH OF OFFICE: COUNCIL MEMBER PLACE 5 (AT-LARGE) Judge Bearden administrated the Oath of Office to Council Member Mortimer. CITY ANNOUNCEMENTS Ms. Clary adivised the first Picnic at the Pavilion was scheduled for last Wednesday, but was canceled due to the weather. She advised it was start tomorrow, Wednesday, May 14th and will be held every Wednesday from 11:00 a.m. until 2:00 p.m. at the Riverfront Boardwalk and Pavilion. PROCLAMATIONS A proclamation observing Building Safety Month was accepted by Mr. Benoit and Mr. Holman. A proclamation observing Economic Development Week was accepted by Ms. Gravett. A proclamation observing Veteran Stand Down Day was accepted by Seth Wells and members of the Southeast Texas Veterans4Veterans. A proclamation observing Old Orange Historic District Day was accepted by Kenneth and Beth Wheeler. Regular Meeting 5 May 13, 2025 CONSENT AGENDA APRIL 8, 2025 ORANGE ECONOMIC DEVELOPMENT CORPORATION MEETING MINUTES APRIL 22, 2025 REGULAR CITY COUNCIL MEETING MINUTES Council Member Childs moved to approve the foregoing two items on the Consent Agenda in one motion. Second to the motion was made by Council Member McKenna which carried with the following vote: COUNCIL MEMBERS VOTING. AYE: Mayor Spears, Mayor Pro-Tem Burch, Council Member Childs, Council Member Salter, Council Member McKenna and Council Member Mortimer COUNCIL MEMBERS VOTING NO: None RESOLUTIONS FINAL REANDING: RESOLUTION APPROVING AN EDC INFRASTRUCTURE GRANT AGREEMENT WITH CHILDS MANUFACTURING AND BUILDING SUPPLY, INC., 3704 N. 167H STREET, ORANGE, TEXAS 77632. THE INCENTIVE IS IN AN AMOUNT NOT TO EXCEED $50,000 TO CONSTRUCT A TXDOT CURB CUT. (FIRST READING APRIL 22, 2025) Mayor Pro-Tem Burch moved to approve the resolution. Second to the motion was made by Council Member Mortimer which carried with the following vote: COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Burch, Council Member Salter, Council Member/Mckenna and Council Member Mortimer COUNCIL MEMBERS VOTING NO: None Council Member Childs recused himself from any discussion and action taken on this item. A copy of this resolution is being made a part of these minutes as Resolution Number 2025-47. FIRST READING: RESOLUTION APPROVING AN EDC INFRASTRUCTURE GRANT AGREEMENT WITH TEXAS VENDING SOLUTIONS, 6910 N. HWY 87, ORANGE, TEXAS 77632 IN AN AMOUNT NOT TO EXCEED $7,500. Mayor Pro-Tem Burch moved to approve the resolution. Second to the motion was made by Council Member McKenna which carried with the following vote: Regular Meeting 6 May 13, 2025 COUNCIL MEMBERS! VOTINGAYE: Mayor Spears, Mayor Pro-Tem Burch, Council Member Childs, Council Member Salter, Council Member McKenna and Council Member Mortimer COUNCIL MEMBERS VOTING NO: None RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS AUTHORIZING A ONE-TIME PAYMENT TO THE GENERAL GOVERNMENT EMPLOYEES OF THE CITY OF ORANGE FOR AN ENHANCEMENT OF THEIR INDIVIDUAL WORK CLOTHING, UNIFORM, AND/OR PERSONAL PROTECTION EQUIPMENT AS IS CONSISTENT WITH THE REQUIREMENTS OF THEIR JOBS. Council Member Salter read the following: While I wholeheartedly support departments where employees wear uniforms such as our fire department, water department, utilities department and police departments, I cannot support this resolution in its entirety. These are the men and women that we consider our boots on the ground and ensuring that they have proper uniform allowances is a priority City employees already receive a cost of living raise annually to help offset expenses they may face and asking taxpayers to fund an additional $1500 dollars per current employee is not something that can notjustify. As an elected representative our duty is to be responsible steward of taxpayers dollars. On February 18"h, you Kunst, originally proposed a $500 uniform allowance, per employee, approximately $128,000, the wording clearly stated that this was for increasing uniform allowances across departments. Today I noticed the wording has slightly changed, and we are now faced with the request for $1500 per employee. This is a significant jump to approximately over $200,000 and I cannot support this measure unless it is strictly designated for employees who wear uniforms and other employees can use their cost of living raise to purchase the necessary attire fori their roles. Fiscal responsibility must remain, our guiding principle SO I cannot support that in its entirety. I do support our uniform departments, but that is my stance and we have to do our part to be good stewards of this money; the taxpayers' money. And sO that is my stance and I will stand on it. Council Member Mortimer advised the following: As a new member he has not been involved with all of the conversations, however he does not know that he stands behind all the employees and has to defer once again to administration at this particular time that they are making good decisions. However he also deserve the opportunity to have those types of conversations on these types of decisions in the future because they are part of those concerns. Council Member Childs advised the following: He has the same concerns and that as a council member they are to be good stewards of the taxpayers' money. He advised this was thrown at them quickly, the numbers and words were changed. But at the same time they are to be good employees to our staff and our team and we have a wonderful team. He advised he feels they need to help the employees if they can, however he feels this item should have been more of a discussion or a power point presentation since the numbers Regular Meeting 7 May 13, 2025 changed and next year this should be looked at deeper with a different approach. He advised staff that we need to have workshops and this Council does not do workshops. He advised workshops need to happen SO council can discuss items in depth, what they are about to do. Mayor Pro-Tem Burch advised the following: He advised that he completely agrees. Mayor Spears advised the following: Advised he was appreciative of the comments. What happened was Police and Fire came and asked for more as an incentive and because of the restrictions that are on us, as far as paperwork it had to be worded in a way that signifies clothing and uniforms. Ms. Hennigan asked in the last meeting if there was a way we could do something for the general government employees, and this was a way we could help and bless those employees. It had to be worded this way in order to be in compliance with the way our city government works. This was a way to give a bonus, and I know I am not to say this, but it was a bonus, to help them and say thank you for your hard work. At this time, no one is going to walk in your closet and want to see their clothes, but it was a way to give back to the employees who are not represented by a Union. This was not an attempt to distract or do something illegal, but whatever we need to do Mr. Kunst, we need to change the wording or items, but we are good stewards of the taxpayers money and this was money that came from Invista, 1.3 million, which was extra and not in the budget, sO we were wanting to bless all of the team members, notj just police and fire. Council Member Salter advised the following: She understands and thanked the mayor for explaining, but her issue with that and the policy is that council does give the employees a COLA every year, and that should go to their expenses. She advised other people get Thank you's" and to go from $500 to $1500 and would like to know how that can be justified. She advised she does have an issue and when you are doing a job, sometimes a thank you is all you have to give. You can not always do more and additionally we have other things that are needed to done and repaired. She advised their constituents come first and the employees are getting a paycheck and cola and they need to be careful with taxpayers money. Mayor Spears advised the following: Advised he agreed that they need to be mindful of the constituents needs and taxpayers dollars, however we have had several meetings discussing the fiscal year and 2026 budget, and the street money comes from a separate account. He advised this money is basically a $150 a month per employee for all of their hardwork. As mayor he wanted to ensure everything they had spoken about in meetings where people in attendance or not, that this had been discussed on some level. He advised we have received an A++ rating on the audits and we are working on your behalf. This was an attempt to say thank you and if it does not pass then no problem. Council Member Mortimer advised the following: He knows staff had a very difficult and tough times and between COVID and then after COVID Regular Meeting 8 May 13, 2025 coming through the economy, some loss of businesses and revenues, and inflation was running about 7 to 7.5% that is is an opportunity and he does not necessarily like some of the wording and he feels we need to have more conversations in the future in depth. Council Member Salter advised the following: She does not want employees to think she is against them to receive anything, but she feels that if items are reworded than she has an issue with it and it is out of the question. Council Member Childs motioned but added this is a very delicate balance between the taxpayer and employee. Council Member Childs moved to approve the resolution. Second to the motion was made by Mayor Pro-Tem Burch which carried with the following vote: COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Burch, Council Member Childs, Council Member McKenna and Council Member Mortimer COUNCIL MEMBERS VOTING NO: Council Member Salter A copy of this resolution is being made a part of these minutes as Resolution Number 2025-48. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AN AMENDMENT OF THE INTERLOCAL AGREEMENT PASSED, APPROVED AND ADOPTED ON THE 127H DAY OF DECEMBER 2023 WITH THE ORANGE COUNTY NAVIGATION AND PORT DISTRICT OF ORANGE COUNTY, TEXAS (THE "PORT") FOR THE CITY'S PROVISION OF FIRE PROTECTION SERVICES TO INCLUDE CERTAIN PROPERTY RECENTLY ACQUIRED BY THE PORT, AS DESCRIPTED IN THE AMENDMENT. Council Member Mortimer moved to approve the resolution. Second to the motion was made by Council Member Childs which carried with the following vote: COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Burch, Council Member Childs, Council Member Salter, Council Member McKenna and Council Member Mortimer COUNCIL MEMBERS VOTING NO: None A copy of this resolution is being made a part of these minutes as Resolution Number 2025-49. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS Regular Meeting 9 May 13, 2025 PERTAINING TO THE ADVANCE FUNDING AGREEMENT FOR THE CITY OF ORANGE'S MAINTENANCE OF RAILROAD APPROACHES (OFF-SYSTEM). Mayor Pro-Tem Burch moved to approve the resolution. Second to the motion was made by Council Member Salter which carried with the following vote: COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Burch, Council Member Childs, Council Member Salter, Council Member McKenna and Council Member Mortimer COUNCIL MEMBERS VOTING NO: None A copy of this resolution is being made a part of these minutes as Resolution Number 2025-50. MOTION APPROVING ACTION TAKEN BY THE ORANGE ECONOMIC DEVELOPMENT CORPORATION TO APPROVE ADDITIONAL COSTS AT THE WESTSIDE WATERLINE PHASE 2 PROJECT SITE DUE TO THE NEED FOR ADDITIONAL MATERIALS IN AN AMOUNT NOT TO EXCEED $15,000 FOR THE PURPOSE OF ECONOMIC DEVELOPMENT. THE TOTAL EDC INCENTIVE FOR THE PROJECT IS IN AN AMOUNT NOT TO EXCEED $585,000. Mayor Pro-Tem Burch moved to approve the motion. Second to the motion was made by Council Member Salter which carried with the following vote: COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Burch, Council Member Childs, Council Member Salter, Council Member McKenna and Council Member Mortimer COUNCIL MEMBERS VOTING NO: None RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 WITH T. JOHNSON NDUSTRIES, INC. FOR BID #2023-11 WESTSIDE WATERLINE PHASE 2 PROJECT. Council Member Mortimer moved to approve the resolution. Second to the motion was made by Council Member Childs which carried with the following vote: COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Burch, Council Member Childs, Council Member Salter, Council Member McKenna and Council Member Mortimer COUNCIL MEMBERS VOTING NO: None A copy of this resolution is being made a part of these minutes as Resolution Number 2025-51. Regular Meeting 10 May 13, 2025 DISCUSSION/ACTION MOTION AUTHORIZING THE FOLLOWING PUBLIC SERVICE ORGANIZATIONS FOR 2025 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING: DRAFT VERSION GREATER ORANGE AREA LITERACY SERVICE $ 6,500 JACKSON COMMUNITY CENTER $ 6,000 JULIE ROGERS GIFT OF LIFE $ 4,000 ORANGE COMMUNITY ACTION ASSOCIATION (MEALS ON WHEELS PROGRAM) $ 10,000 ORANGE CHRISTIAN SERVICES $ 6,800 SOUTHEAST TEXAS HOSPICE $ 8,000 STABLE SPIRIT $ 5,570 TOTAL CDBG PUBLIC SERVICE RECOMMENDATIONS $ 46,870 Council Member Childs moved to approve the motion. Second to the motion was made by Council Member Salter which carried with the following vote: COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Burch, Council Member Childs, Council Member Salter, Council Member McKenna and Council Member Mortimer COUNCIL MEMBERS VOTING NO: None Council Member McKenna recused herself from any discussion and action taken on this item. MOTION APPROVING ACTION TAKEN BY THE EDC CONCERNING A TIMELINE EXTENSION THROUGH NOVEMBER 30, 2025, SHOPPES OF ORANGE, 1214 N. 16TH STREET, ORANGE, TEXAS 77630 DUE TO CONSTRUCTION DELAYS. Mayor Pro-Tem Burch moved to approve the motion. Second to the motion was made by Council Member Childs which carried with the following vote: COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Burch, Council Member Childs, Council Member Salter, Council Member McKenna and Council Member Mortimer COUNCIL MEMBERS VOTING NO: None Regular Meeting 11 May 13, 2025 MOTION APPOINTING AS MAYOR PRO-TEM. Council Member Mortimer moved to appoint Council Member Childs as Mayor Pro-Tem. Second to the motion was made by Council Member Salter which carried with the following vote: COUNCIL MEMBERS VOTING AYE: Mayor Spears, Council Member Childs, Council Member Salter and Council Member Mortimer COUNCIL MEMBERS VOTING NO: Mayor Pro-Tem Burch and Council Member McKenna CITY MANAGER REPORT Mr. Kunst advised Monday, May 26th is a City Holiday in observance of Memorial Day. He asked everyone to remember all those who lost their lives. He advised tomorrow is Council Member McKenna's birthday. CITY COUNCIL REPORT Council Member Burch congratulated Council Member Childs, Council Member McKenna and Council Member Mortimer. Council Member Mortimer thanked everyone who voted for him and for the opportunity to serve. Mayor Pro-Tem Childs thanked Ms. Hennigan for her service and that it was a pleasure serving on Council with her. He encouraged everyone to attend the Bassmasters this weekend. Council Member McKenna wished all the mothers a late "Happy Mother's Day". She advised she will miss Ms. Hennigan. She thanked everyone for allowing her to serve. Mayor Spears congratulated everyone and thanked Caroline for her service. ADJOURN TO CLOSED EXECUTIVE SESSION 13. a) Deliberation with City Attorney pursuant to Chapter 551 of the Texas Government Code: (1) Deliberation with legal counsel pursuant to Texas Government Code, Section 551.071 - Consultation with City Attorney regarding pending or Regular Meeting 12 May 13, 2025 contemplated litigation in regards to Edward Lee Gonzales and Michele Renne Gonzales V. City of Orange et al. (2) Deliberation with legal counsel pursuant to Texas Government Code, Section 551.071 - Consultation with City Attorney regarding regulation of amusement redemption machines and game rooms as a result of the City of Fort Worth and David Cooke, in his Official Capacity as Forth Worth City Manager V Stephannie Lynn Rylie, Texas C&D Amusements, Inc. and Brian and Lisa Schott d/bla TSCA and d/b/a River Bottom Pub court case. The Council met in a closed executive session at 10:20 a.m. RECONVENE IN OPEN SESSION The Council reconvened in open session at 10:33 a.m. TAKE ACTION AS NECESSARY REGARDING TEMS 13 a (1) AND 13 a (2). Mayor Spears advised there is not action to be taken on Item 13 a (1), but there will be action taken on Item 13 a (2). Mayor Spears read the following regarding Item 13 a (2): Council will re-start the process with holding a public hearing on May 27, 2025. ADJOURNMENT There being no further business before the Council, Council Member Salter moved to adjourn the meeting. Second to the motion was made by Mayor Pro-Tem Childs, which carried unanimously. The meeting adjourned at 10:33 a.m. Larry Spears Jr., Mayor ATTEST: TOLG Patricia Anderson, City Secretary