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HomeMy WebLinkAboutAPRIL 11, 2023 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYOR RON BURTON INGRID HOLMES,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC CAL J.JONES CITY SECRETARY THOMAS J.KINLAW III V?rt rthur KENNETH MARKS VAL TIZENO CHARLOTTE MOSES Texas CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting April 11, 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, April 11, 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: 899 9912 6904 And Passcode: 077686 (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 April 11, 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) Robert Sexton Regarding Recreational Vehicles Sabine Pass B. Presentations (1) A Presentation By Verna Rutherford, Dr. Albert Thigpen, Pat Avery, Dr. Sam Monroe, Torn Neal And Tammy Kotzur Of The Quasquicentennial Committee Regarding The Unveiling of Quasquicentennial Way *****RECESS***** AGENDA APRIL 11, 2023 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation By Vivian Ballou Of Legacy CDC Regarding Housing (Requested By Councilmember Moses) (3) A Presentation By (CEAT) Regarding The Code Enforcement Association Of Texas Training Event (4) A Progress Report By The Water Utilities Department Regarding Pipebursting (5) A Progress Report By The Public Works Department Regarding Streets C. Employee Recognition (1) City News Letter 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; 2 AGENDA APRIL 11, 2023 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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 Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Travel Expense Reports (A1) Councilmember Thomas Kinlaw: Golden Triangle Days Austin, TX February 26 — March 1, 2023 $1,563.59 3 AGENDA MARCH 14, 2023 VII. CONSENT AGENDA— CONTINUED (A2) Councilmember Kenneth Marks: Golden Triangle Days Austin, TX February 26 — March 1, 2023 $1,998.94 (A3) Councilmember Donald Frank: Golden Triangle Days Austin, TX February 26 — March 1, 2023 $1,790.91 B. Minutes — None C. Resolutions (1) P.R. No. 22564 — A Resolution Authorizing The City Manager To Accept Close Out Documents Submitted By American Restoration LLC Of Wylie, Texas And Approve The Release Of Retainage In The Amount Of $13,187.50 For Phase II Repairs And Renovations To Rosehill Manor; Funding Is Available In Account #140-00-000-2050- 00-00-000 (2) P.R. No. 22927—A Resolution Authorizing The City Manager To Enter Into A Contract With American Process Group, LLC Of Tacoma, Washington For Sludge Removal Service At The Water Purification Plant Reservoir With A Projected Budgetary Impact Of $1,045,415.00; Funding Available In Account No. 405-40-000-8516- 00-00-000, Project No. WS0018-CON (3) P.R. No. 23048 — A Resolution Authorizing The Second-Year (First Renewal) Of Contracts Pursuant To Resolution No. 22-189 Between The City Of Port Arthur And Six (6) Vendors For Grass Mowing Services Of Privately-Owned And City-Owned Vacant And Developed Lots In An Area Of The City Designated As Area A, With An Annual Projected Budgetary Impact Of $100,000.00. Funds Are Available In General Fund Account Number 001-13-039-5470-00-50-000, (Other Contractual Service) 4 AGENDA APRIL 11, 2023 VII. CONSENT AGENDA — CONTINUED (4) P.R. No. 23049 — A Resolution Authorizing The Second-Year (First Renewal) Of Contracts Between The City Of Port Arthur And Eighteen (18) Vendors For Grass Mowing Services Of Privately-Owned And City-Owned Vacant & Developed Lots In Areas Of The City Designated As Areas B-E, With An Annual Projected Budgetary Impact Of $200,000.00. Funds Are Available In General Fund Account Number 001-13-039-5470-00-50-000 (5) P.R. No. 23050 — A Resolution Authorizing The Second Year (First Renewal) Of A Contract Pursuant To Resolution No. 22-173 Between The City Of Port Arthur And One (1) Vendor For Grass Mowing Service Of Privately-Owned And City Owned Vacant And Developed Lots In An Area Of The City Designed As Area F, Sabine Pass, With An Annual Projected Budgetary Impact Of $40,000.00. Funds Are Available In General Funds Account Number 001-13-039-5470-00- 50-000, (Other Contractual Service) (6) P.R. No. 23072 — A Resolution Authorizing The Purchase Of A Portable Stage From Sound Productions, LLC Of Irving, Texas For The Downtown Pavilion In The Amount Of $25,022.74; Funding Available Account Number 001-25-065-8522-00-20-000 (7) P.R. No. 23073 — A Resolution Authorizing The City Manager To Purchase 13 Bullet Resistant Shields From GT Distributors Through BuyBoard Contract No. 603-20 In The Amount Of $59,196.54; Funds Available Through 2023 Bulletproof Shield Grant Account No. 107- 17-045-00-30-000, Project Code No. PS004.GRE.MIN (8) P.R. No. 23074—A Resolution Authorizing The City Of Port Arthur To Support The Fiscal Year 2023 Texas Department Of Transportation "Operation Slowdown" Program In The Amount Of $3500.00 (No Match Required) 5 AGENDA APRIL 11, 2023 VII. CONSENT AGENDA — CONTINUED (9) P.R. No. 23076 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For Approximately 0.0879- Acre Of Land Consisting Of The West 58' Of Lot 1, Block 1, Keith Marroquin Tract (3640 Professional Drive), Port Arthur, Jefferson County, Texas, For The Operation Of A Game Room Z23-02 (Joseph Endari) (10) P.R. No. 23077 —A Resolution Authorizing The City Manager To Enter In To A Two Year Contract With Dataprose, LLC, Of Coppell, Texas, For The Printing And Mailing Service Of Monthly Water Bills For Water Utilities Customer Service, With A Projected Budgetary Impact Of $90,000.00 Per Year. Funding Is Available In Utilities Account No. 410-40-205-5420-00-00-000, Professional Services (11) P.R. No. 23079 — A Resolution Authorizing The Purchase Of Twenty- Five (25) Portable Radios And Fifteen (15) Mobile Radios With Accessories For The Fire Department From Motorola Solutions Of Houston, Texas Through HGAC Contract 17724-HGAC (TX) — RA05- 21, In The Amount Of $246,590.60; Funding Is Available In Equipment Account Number 625-13-630-8523-00-00-000 (12) P.R. No. 23082 — A Resolution Calling For A Public Hearing To Consider A Proposed Abandonment For Approximately 0.019-Acre Of Land Consisting Of A Four (4') Foot Waterline Easement Located At A Point In The Northerly Boundary Line Of Lot 8, Block 152, Port Arthur, Jefferson County, Texas A23-01 — Community Development Properties, Port Arthur, Inc. 901 4th Street, Port Arthur, TX 77640 (Renaissance Apartments) (13) P.R. No. 23083 — A Resolution Approving The Second Year (First Renewal) Of An Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And S&S Investigations & Security, Inc. Of Groves, Texas For Security Guard Services To Serve The Spur 93 Business Park For An Amount Not To Exceed $96,822.00; Funding Available In EDC Account No. 120-80-625- 5479-00-00-000 6 AGENDA APRIL 11, 2023 VII. CONSENT AGENDA — CONTINUED (14) P.R. No. 23084 — A Resolution Authorizing The City Manager To Accept The Jefferson County Tourism Grant For Improvements To The Beach/Park On The Waterway On Pleasure Island In The Amount Of $25,000.00 (15) P.R. No. 23086 — A Resolution Authorizing The Renewal Of The Annual Maintenance For Software And Hardware For The ITRON Transmitters For The Water Utilities Department From ITRON, Inc. Of Liberty Lake, Washington With A Total Projected Budgetary Impact Of $52,307.50. Funds Are Available In Water Utilities/Customer Services, Account No. 410-40-205-5420-00-00- 000, Professional Services (16) P.R. No. 23090 — A Resolution Calling For A Public Hearing To Consider Granting A Zoning Change For Approximately 1.924-Acres Of Land Part Of Lot 4, Block 7, Port Acres Addition (6194 Jade Avenue), Port Arthur, Jefferson County, Texas 223-03 (Luis Espinoza) (17) P.R. No. 23094—A Resolution Authorizing The City Manager To Enter Into A Contract With Environmental Improvements, Inc. Of Houston, Texas For The Purchase And Installation Of Replacement Chlorine Trunnions/Scales For The Port Acres Wastewater Treatment Plant In The Total Amount Not To Exceed $27,844.52; Funding Is Available In Water Utilities Account No. 410-40-225-5318-00-00-000, Equipment Maintenance AGENDA APRIL 11, 2023 VII. CONSENT AGENDA — CONTINUED (18) P.R. No. 23096 — A Resolution Designating The Early Voting Ballot Board, Judges And Alternate Judges, Election Day Presiding Judges And Alternate Judges, As Well As Appointing, The Presiding Judge, Alternate Judge, Tabulation Supervisor, Ballot Production Specialist, Counting Station Manager And Election Records General Custodian Of The Central Counting Station For The May 6, 2023 General Joint Election SPANISH UNA RESOLUCION QUE NOMBRA A LA JUNTA DE VOTACION ANTICIPADA, JUECES Y JUECES ALTERNOS, JUECES PRESIDENTES Y JUECES ALTERNOS DEL DIA DE LAS ELECCIONES, ASI COMO NOMBRA AL JUEZ PRESIDENTE, AL JUEZ ALTERNO, SUPERVISOR DE TABULACION, ESPECIALISTA EN ELECCIONES, PRODUCCION DE BOLETAS, ADMINISTRADOR DE LA ESTACION DE CONTEO Y CUSTODIO GENERAL DE LA ESTACION CENTRAL DE CONTAJE PARA LAS ELECCIONES GENERALES CONJUNTAS DEL 6 DE MAYO DE 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23065 — A Resolution Ratifying The Repair Of Fire Engine 6 By Siddons-Martin Of Port Arthur, Texas In The Not To Exceed Amount Of $99,469.50. Funds Are Available In Fire Department Motor Vehicle Maintenance Account No. 001-19-047- 5319-00-30-00 (2) P.R. No. 23087 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction (3) P.R. No. 23088 — A Resolution Ratifying The City Manager's Decision To Authorize Emergency Repair To The 15 Kilovolt Cables At The Water Purification Plant, For The Total Not To Exceed Amount Of $75,856.68 From Water Utilities Account No. 410-40-210-5318-00- 00-000, Equipment Maintenance i g AGENDA APRIL 11, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.R. No. 23089 — A Resolution Ratifying The City Manager's Decision To Authorize Emergency Repair To The North Plant Lift Station By Brystar Contracting, Inc. Of Beaumont, Texas In The Total Amount Not To Exceed $578,195.53; 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 (5) P.R. No. 23098 — A Resolution Requesting Ratification Of The Purchase Of A Vacant Tract Of Land At The Jefferson County Delinquent Tax Sale ("Sheriff's Sale") As Part Of The Proposed Development Of The New Fire Station No. 3 In The Amount Of $13,000.00. Funding Available In Capital Improvement Account No. 307-21-409-8512-00-10-000, Project B00013-0TH 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 April 12, 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 *************************************************** 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.