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HomeMy WebLinkAboutJANUARY 31, 2023 REGULAR MEETING 9:30 AM THURMAN BILL BARTIE,MAYOR Energy RON BURTON INGRID HOLMES,MAYOR PRO TEM City of - aY CITY 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 VAL TIZENO CHARLOTTE MOSES Texas CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting January 31, 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 Tuesday, January 31, 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: 843 4460 5333 And Passcode: 417513 (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 January 31, 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 (1) Claire Jackson Of Motiva To Present Grants To The Port Arthur Police Department And The Port Arthur Fire Department (2) Hassan Shomalzadeh Of HP Engineering/Construction, Inc. Regarding Willowood Townhouse Development, Fire Department Excess Requirement (3) Dr. Rosalind Queen Regarding Calling Before You Dig, Training And Customer Service r Fr- AGENDA JANUARY 31, 2023 III. PETITIONS & COMMUNICATIONS — CONTINUED (4) Jason Kotz Regarding The Wrecker Ordinance, New Subsection J (5) Juan Reyes Regarding The Wrecker Ordinance, New Subsection J (6) Allen Valka Of Allen Valka/Opie's Towing Regarding City Ordinance No. 22-78, Wreckers At Home B. Presentations (1) A Presentation By Dr. Liv Haselbach, Teressa Duesler, And Davon Chargois Regarding An Introduction Of The Lamar Center For Resiliency (2) A Presentation By Staff Regarding An Update On Crime And Police Department Vacancies (Requested By Councilmember Kinlaw) 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; 2 AGENDA JANUARY 31, 2023 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 — 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 4 Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. 3 AGENDA )ANUARY 31, 2023 VII. CONSENT AGENDA — CONTINUED A. Travel Request/Expense Reports (Al) City Attorney Valecia Tizeno: Olson & Olson, LLP's 19th Annual Local Government Seminar Stafford, TX January 19, 2023 $151.32 B. Minutes January 17, 2023 Special Executive Meeting January 17, 2023 Regular Meeting C. Resolutions (1) P.R. No. 22820 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 Between The City Of Port Arthur And Gulf Coast A CRH Company Of Beaumont, Texas, For Inlet Rebuilds With Tops, Remobilization, Removal Of 2,115 Linear Feet Of HDPP Pipe, Addition Of 130 Calendar Days And A Decrease In The Contract Amount By $93,812.37 To The New Contract Amount Of $1,733,007.65 For The 5th And 6th Street Rehabilitation Project With Funding From The Street Maintenance Account 307-80-625-8518- 00-10-000 And The Community Development Block Grant (CDBG) Account 105-13-033-8517-00-40-000. Project Nos. ST1P54 And ST1P55 (2) P.R. No. 22862 — A Resolution Authorizing The City Manager To Approve And Adopt The Jefferson County Hazard Mitigation Plan (3) P.R. No. 22863 — A Resolution Ratifying The City Manager's Decision To Enter Into A Contract With Lark Group Inc. In The Amount Of $29,300.00 For The Emergency Asbestos/Lead Abatement And Demolition Of 3001 19th Street, A Dangerous Commercial Property, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Services) 4 AGENDA JANUARY 31, 2023 VII. CONSENT AGENDA — CONTINUED (4) P.R. No. 22864 — A Resolution Awarding A Bid And Authorizing The City Manager To Enter Into An Agreement With Allco, Inc. Of Beaumont, Texas For The 2022-2023 Street Rehabilitation Project: District 1 For The Amount Of $4,377,370.00. Funding Is Available In The Street Capital Account Number 307-21-053-8517-00-10-000 (5) P.R. No. 22866 — A Resolution Authorizing The Purchase Of A Hammerhead Portaburst PB 30 Gen 2 From EKA Sales Of Grayson, Georgia Through BuyBoard Contract No. 684-22 For The Utilities Department That Will Be Used In The Replacement Of Sanitary Sewer Lines For The Total Amount Of $32,349.88; Funds Are Available In Utilities Account No. 410-40-220-8522-00-00-000, Equipment (6) P.R. No. 22885 — A Resolution Authorizing The City Manager To Extend The Non-Exclusive Ambulance Agreement With Acadian Ambulance Service, Inc. For A Period Of Ninety (90) Days (7) P.R. No. 22952 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $23,500.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The NFIP Flood Deductible Reimbursements Due To Hurricane Harvey (August 30, 2017) (8) P.R. No. 22957 — A Resolution Authorizing The City Manager To Purchase 560 Garbage Cans From Otto Environmental Systems North America, Inc. Of Charlotte, North Carolina, Under H-GAC Contract No. RC01-21, In The Amount Of $35,937.97. Funding Is Available In The FY23 Public Works Solid Waste Residential Garbage Division — Minor Equipment, Account Number 403-50-310-5240-00-00-000 (9) P.R. No. 22964 — A Resolution Authorizing The City Manager To Remit Payment To The City Of Port Neches For The Annual Recurring Costs Of The Regional Radio System In The Amount Of $53,038.64; Funding Available In 001-17-045-5491-00-30-000 5 -moimmr AGENDA JANUARY 31, 2023 VII. CONSENT AGENDA — CONTINUED (10) P.R. No. 22966 —A Resolution Authorizing The City Manager To Enter Into A Contract With Environmental Improvements, Inc. Of Humble, Texas For The Rehabilitation Of The Port Acres Wastewater Treatment Plant Clarifier For A Total Projected Budgetary Impact Of $296,255.00; Funding Is Available In FY 2022, Account Nos. 625-40- 000-8522-00-00-000 ($130,000.00) And 410-40-225-8522-00-00- 000 ($166,255.00) (11) P.R. No. 22975 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 Decreasing The Original Contract Amount Of $100,000.00 By $17,173.00 To The New Contract Amount Of $82,827.00, Acceptance Of The Termination For Convenience Of The Contract And Acceptance Of The Certificate Of Completion, Contractor's Certificate And Release, Contractor's Certificate Of Warranty, Contractor's Certificate Of Debts Paid To The Contract Between The City Of Port Arthur And Marsh Waterproofing, Inc. Of Vidor, Texas For Repairs To Pompeiian Villa And Approval Of Release Of The Final Payment And Retainage For The Amount Of $24,877.00 From Hurricane Account #LAUR15-GRE-BUM And #DLTA15-GRE-BUM (12) P.R. No. 22977 — A Resolution Authorizing The Purchase Of Employee Service Award Pins For Years 2019, 2020 And 2021 Through J. Brandt Recognition Of Fort Worth, Texas In The Amount Of $46,371.29; Funds Available In Other Supplies — Materials Account No. 620-11-025-5214-00-00-000 (13) P.R. No. 22978 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation Approving A Quote From Panama Equipment Of Cleveland, Texas And Engaging Their Services To Purchase And Install A 200KW 3 Phase Natural Gas Generator At The EDC Office Building Located At 501 Procter Street; In An Amount Not To Exceed $192,142.86. Funds Available In EDC Account No. 120-80-625-8522-00-00-000 6 AGENDA JANUARY 31, 2023 VII. CONSENT AGENDA — CONTINUED (14) P.R. No. 22979 — A Resolution Authorizing The City Manager To Execute A Contract With Preferred Facilities Group — USA Of Beaumont, Texas, Through Buy Board Contract No. 581-19 For The Roof Replacement And Repairs At City Hall For The Amount Of $64,377.88. Funding Is Available In The City Facility Improvements Account In The Capital Improvement Program, Project Number B00002-CON (15) P.R. No. 22980 — A Resolution Authorizing The City Of Port Arthur's Earth Day Celebration And Various Participatory Events From April 17, 2023, Through April 22, 2023 (16) P.R. No. 22982 — A Resolution Establishing The Quasquicentennial Stilwell-Gates Celebration Scape Centre For The City Of Port Arthur's Recognition Of Its 125th Anniversary (17) P.R. No. 22983 — A Resolution Authorizing The City Manager To Execute Right Of Entry Agreements With The U.S. Army Corps Of Engineer To Allow Temporary Access To City Owned Properties For The Purpose Of Conducting Surveys And Field Investigations That Will Further Assist With The Engineering Design Of The Sabine Pass To Galveston Bay (S2G) Texas Coastal Storm Risk Management Project (18) P.R. No. 22984 — A Resolution Authorizing Amendment No. 1 To The Contract Between The City Of Port Arthur And Tender Loving Care Center For Children D/B/A Legacy Community Development Corporation To Allocate An Additional $50,000.00 And Extend The Contract Expiration Date From May 31, 2023 To May 31, 2024 (19) P.R. No. 22986—A Resolution Authorizing The City Manager To Enter Into A Contract With Soutex Surveyors & Engineers Of Port Arthur, Texas For Professional Engineering Services Associated With The Extension Of Jimmy Johnson Boulevard From The Medical Center Of Southeast Texas To Highway 365. Funds Are Available In The Street Improvement Account No. 307-21-053-8517-00-10-000. Project Number ST4001 , AGENDA JANUARY 31, 2023 VII. CONSENT AGENDA — CONTINUED (20) P.R. No. 22987 — A Resolution Authorizing The City Manager To Execute A Contract With 3rd Coast Companies, LLC Of Beaumont, Texas For Ground Maintenance At The Water Utilities Department Facilities (Group H), With A Projected Budgetary Impact Of $25,000.00 Per Year; Funding Is Available In Account No. 410-40- 225-5470-00-00-000, Other Contractual Services (21) P.R. No. 22988 — A Resolution Authorizing The City Manager To Accept The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee And Authorizing The City Manager To Execute The Certificate Of Acceptance For The Pioneer Park Lift Station Rehabilitation By BDS Constructors, LLC DBA MK Constructors Of Vidor, Texas On Behalf Of The City Of Port Arthur, Texas, And Release Of Retainage In The Amount Of $38,703.25; Funding For The Project Is Available In Account No. 405-40-000-8516-00-00-000, Project No. WS0006-CON (22) P.R. No. 22990 — A Resolution Authorizing The City Manager To Accept Fiscal Year 2023 Bullet-Resistant Shield Grant With No Cash Match In The Amount Of $63,616.13 (23) P.R. No. 22991 — A Resolution Authorizing The City Manager To Execute A Second Amendment To The Subaward Agreement With The Texas Parks And Wildlife Department For A Planning Grant For The Repaving Of The Boat Ramp And Fishing Pier Located At Pleasure Island Extending The Agreement Term To 12/31/2023 (24) P.R. No. 22992 — A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Repairs To The Port Acres Influent Lift Station For The Water Utilities Department By ALLCO, LLC Of Beaumont, Texas With A Budgetary Impact Of $597,352.30; Funds Are Available In Water Utilities Capital Improvement Fund Account No. 405-40-000-8516-00-00-000, Water Utility Systems, Project String WS0005-CON 8 AGENDA JANUARY 31, 2023 VII. CONSENT AGENDA — CONTINUED (25) P.R. No. 22993 — A Resolution Authorizing The City Manager To Execute A Contract With Global Emergency Services, LLC Of Beaumont, Texas, For Emergency Trash Collection Services To Be Used In The Event Of An Unforeseen Emergency. Funding Is Available In The Solid Waste Trash Collection Other Contractual Services Account, Account Number 403-50-305-5470-00-00-000, For The Not-To-Exceed Amount Of $50,000.00 (26) P.R. No. 22994 — A Resolution Authorizing The City Manager To Execute An Agreement With Waukesha-Pearce Industries, Inc. For The Purchase, Delivery, And Installation Of A Generac SG0750 750KW Natural Gas Generator For The Health Department Facility Located At 5860 9th Avenue Through The BuyBoard Cooperative Purchasing Program, Contract No. 657-21, With The Projected Budgetary Amount Of $694,302.00; Funding Available In Capital Improvements Account No. 307-21-049-8512-00-10-000; Project No. B00006 OTH (27) P.R. No. 22995 —A Resolution Authorizing The City Manager To Enter Into A Contract With Panama Equipment, Houston, Texas For Repairs To Concrete Driveway At Fire Station No. 1 (1215 Woodworth) In An Amount Not To Exceed $37,961.54; Funding Available In Fire Department Building Maintenance Account No. 001- 19-047-5312-00-30-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22363 — A Resolution Canceling The February 28, 2023 Regularly Scheduled Council Meeting (2) P.R. No. 22860 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Jones) 9 AGENDA JANUARY 31, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.R. No. 7114 — An Ordinance Amending Chapter 114 — Vehicle For Hire, Article II — Emergency Medical Vehicle, Sections 114-31 Through 114-43 Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Emergency Medical Vehicles (2) P.R. No. 7120 —An Ordinance Providing For The Conduct Of A Special Election On May 6, 2023 To Submit A Proposition As To Whether Or Not The City Charter Shall Be Amended In Accordance With Chapter 271 Of The Texas Election Code And Providing For The Publication Of The Election Notice (Requested By Councilmember Jones) Una ordenanza que preve la realizacion de una eleccion especial el 6 de mayo de 2023 para presentar una propuesta sobre si la Carta Constitutiva de la Ciudad se modificara o no de acuerdo con el Capitulo 271 del Codigo Electoral de Texas y preve la publicacion del aviso de eleccion (3) P.R. No. 7123 — An Ordinance Of The City Council Of Port Arthur, Texas, Authorizing Participation With Other Entergy Service Area Cities In Matters Concerning Entergy Texas, Inc. At The Public Utility Commission Of Texas In 2023; Authorizing The Hiring Of Lawyers And Rate Experts; Authorizing The City's Participation To The Full Extent Permitted By Law At The Public Utility Commission Of Texas; Finding That The Meeting Complies With The Open Meetings Act; And Declaring An Effective Date io AGENDA JANUARY 31, 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 11 AGENDA JANUARY 31, 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 February 1, 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 *************************************************** 1� 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.