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HomeMy WebLinkAboutAPRIL 25, 2023 REGULAR MEETING 9:30 AM THURMAN BILL BARTIE,MAYOR RON BURTON INGRID HOLMES,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: IJ SHERRI BELLARD,TRMC CAL J.JONES CITY SECRETARY THOMAS J.KINLAW III %11D r t r t h u r KENNETH MARKS VAL TREND CHARLOTTE MOSES Texas CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting April 25, 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, April 25, 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: 840 6974 8067 And Passcode: 090328 (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 April 25, 2023 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tem 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) Dr. Matthew Hoch Of Lamar University Regarding North Pleasure Island Restoration Grant Application (2) Roderick Shields And Karina Shields Of Open Book Real Estate Investments, LLC Regarding The Zoning Board Of Adjustment Meeting Held On April 13, 2023 (3) Mary Alice Cheatam Regarding A Response Letter From The City Of Port Arthur B. Presentations (1) A Presentation By Staff Regarding The February Monthly Financial Report 1 AGENDA APRIL 25, 2023 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition — None D. Correspondence — None E. Discussions — 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; (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 AGENDA APRIL 25, 2023 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED **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) Mayor Thurman Bartie: National League Of Cities Congressional City Conference Washington, DC March 24 — March 29, 2023 $3,807.30 (A2) Mayor Pro Tenn Ingrid Holmes: National League Of Cities Congressional City Conference Washington, DC March 24 — March 29, 2023 $970.00 (A3) Councilmember Cal Jones: Golden Triangle Days Austin, TX February 26 — March 1, 2023 $1,348.30 I AGENDA APRIL 25, 2023 VII. CONSENT AGENDA — CONTINUED (A4) Councilmember Thomas Kinlaw: National League Of Cities Congressional City Conference Washington, DC March 25 — March 28, 2023 $3,063.21 (A5) Councilmember Kenneth Marks: National League Of Cities Congressional City Conference Washington, DC March 25 — March 28, 2023 $3,037.48 (A6) Councilmember Charlotte Moses: Golden Triangle Days Austin, TX February 26 — March 1, 2023 $1,999.15 (A7) Councilmember Charlotte Moses: National League Of Cities Congressional City Conference Washington, DC March 25 — March 28, 2023 $3,257.93 (A8) Councilmember Donald Frank: National League Of Cities Congressional City Conference Washington, DC March 24 — March 29, 2023 $4,367.60 B. Minutes — None C. Resolutions (1) P.R. No. 23011 — A Resolution Establishing Neighborhood Empowerment Zone #9, Also Referred To As The Westside Empowerment Zone, Pursuant To The Texas Neighborhood Empowerment Zone Act (Texas Local Government Code, Chapter 378) 4 AGENDA APRIL 25, 2023 VII. CONSENT AGENDA — CONTINUED (2) P.R. No. 23081 —A Resolution Authorizing The City Manager To Enter Into A Contract With United Site Services, Of Texas, Inc. Of Beaumont, Texas For The Rental Of Regular Toilets, Wheelchair Accessible Toilets, ADA Accessible Toilets And Portable Toilets With Hand Washing Station With A Projected Budgetary Amount Of $60,000.00 Annually, For The Parks And Recreation Department, Funding Available In The Parks And Recreation Account Number 001- 25-065-5401-00-20-000, Public Works Account Number 403-50-320- 5401-00-00-000, And Pleasure Island Account Number 450-60-415- 5312-00-00-000 (3) P.R. No. 23085 — A Resolution Authorizing The Purchase Of Controlled Access System From MHC Datacomm, Of Orange, Texas For A Total Of $26,415.00 Through Southeast Texas Cooperative Purchasing Contract 20210203; Funds Available Through The FY22 State Homeland Security Program (SHSP-LETPA) Grant Account Number 107-17-045-5214-00-30-000, Project Code PS1001.GRE.OSM (4) P.R. No. 23095 — A Resolution Approving The FY 2024 Contract Between The City Of Port Arthur And The Department Of State Health Services For The Public Health Emergency Preparedness Program For $103,507.00 In Federal Funding With A 10% City Match Of $10,351.00. This Contract Terminates June 30, 2024 (5) P.R. No. 23097 —A Resolution Authorizing The City Manager To Allow The Police Department To Apply For The FY 24 Project Safe Neighborhood Grant, With No Cash Match (6) P.R. No. 23099 — A Resolution Approving An Economic Development Performance Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Saigon Plaza, LLC For An Amount Not To Exceed $270,149.00; Funds Available In EDC Account No. 120-80-625-5478-00-00-000 AGENDA APRIL 25, 2023 VII. CONSENT AGENDA — CONTINUED (7) P.R. No. 23103 — A Resolution Appointing Members To The Negotiating Team Pursuant To Chapter 174 Of The Texas Local Government Code, To Conduct Collective Bargaining With The Bargaining Agent Of The Port Arthur Fire Fighters, International Association Of Fire Fighters, Local 397 (8) P.R. No. 23104 — A Resolution Authorizing The City Manager To Execute An Agreement With 3-Quad Planning Group Of Plano, Texas, For The Development Of A 5-Year Consolidated Plan Including Analysis Of Impediments Of Fair Housing-Assessment Of Fair Housing, Market Study, And Site And Neighborhood Standards For The Total Amount Not To Exceed $49,980.00; Funding Is Available In Community Development Block Grant Account #105-13-033- 5420-00-40-000 Project #CD7211-GRE-PRO, Account #105-13- 033- 5420-00-40-000 Project #CD7144-GRE-PRO, And Account #108-13- 033-5420-00-40-000 Project #HE2203-GRE-PRO (9) P.R. No. 23105 —A Resolution Authorizing The City Manager Through The Pleasure Island Department To Purchase 20 Custom Perforated Metal Single-Post Square Picnic Tables From Commercial Site Furnishings In The Not-To-Exceed Amount Of $25,000.00. Funding Is Available In Account 307-60-000-8525-00-00-000 Project Number PI004.CON (10) P.R. No. 23106 — A Resolution Authorizing The City Manager To Execute A Contract With Tri-Con, Inc. Of Beaumont, Texas, To Purchase Dyed Diesel Fuel For Public Works, Pleasure Island, And Utility Operations With An Annual Projected Budgetary Impact Of $250,000.00. Funding Is Available In Fuel Accounts 001-21-055- 5230-00-70-000 (Drainage); 403-50-320-5230-00-00-000 (Landfill); 450-60-410-5230-00-00-000 (Pleasure Island); 410-40-210-5230- , 00-00-000, 410-40-215-5230-00-00-000, 410-40-220-5230-00-00- 000, 410-40-225-5230-00-00-000 (Utility Services) 6 AGENDA APRIL 25, 2023 VII. CONSENT AGENDA — CONTINUED (11) P.R. No. 23107 — A Resolution Authorizing The Third Year (Final Renewal) Of The Contract Between The City Of Port Arthur And GP Evans Contractors, LLC Of Winnie, Texas, For The Annual Mowing Of The Landfill With A Projected Budgetary Impact Of $87,420.00. Funding Is Available In The Solid Waste Landfill Other Contractual Service Account, Account No. 403-50-320-5470-00-00-000 (12) P.R. No. 23108 — A Resolution Authorizing The Third Year (Final Renewal) Of The Contract Between The City Of Port Arthur And AHC Services Of Beaumont, Texas, For Janitorial Services For City Hall And The City Hall Annex With A Projected Budgetary Impact Of $102,604.92. Funding Is Available In The Facilities Maintenance Building Maintenance Account, Account No. 001-21-059-5312-00-70- 000 (13) P.R. No. 23109 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract Between The City Of Port Arthur And Triangle Dirt Works, Select Materials, PC Trucking, And Lake City Trucking For Materials Hauling At The Landfill With A Projected Budgetary Impact Of $900,000.00. Funding Is Available In The Landfill's Professional Services Account, 403-50-320-5420-00-00-000 (14) P.R. No. 23112 — A Resolution Approving The Department Of The Army License Renewal No. DACW64-3-18-0076 Pertaining To The Sabine Neches Waterway Project, Sabine Neches Canal (15) P.R. No. 23114—A Resolution Authorizing The Purchase Of 840 Itron Electronic Meter Transmitters For Water Utilities Department From Republic Meter, Inc. Of Dallas, Texas With A Total Projected Budgetary Impact Of $81,396.00. Funds Are Available In Water Utilities Account No. 410-40-205-5318-00-00-000, Water System Maintenance AGENDA APRIL 25, 2023 VII. CONSENT AGENDA — CONTINUED (16) P.R. No. 23116—A Resolution Authorizing The City Manager To Enter Into A Contract With Front Line Mobile Health, PLLC Of Georgetown, Texas, For The Implementation Of The National Fire Protection Association (NFPA) 1582 Standard On Comprehensive Occupational Medical Program For The Firefighters With An Annual Total Projected Budgetary Impact Of $60,000.00; Funding Available In Fire Department Account No. 001-19-047-5420-00-30-000 (17) P.R. No. 23117 — A Resolution Approving The Draft Schematic Drawings Prepared By Brown Watford Reynolds (BRW) For Fire Stations 2 And 3 And Advance Into The Design Development And Construction Drawing Phases (18) P.R. No. 23118 — A Resolution To Ratify The City Manager's Decision To Approve The Transaction Manager Emergency Extension With Central Square In The Amount Of $30,000.00; Funding Is Available From Finance Account No. 001-07-015-5425-00-10-000, Credit Card/Online Fees (19) P.R. No. 23119 — A Resolution Authorizing The City Council's Approval For The Rehabilitation Of The Port Acres Wastewater Treatment Plant Clarifier By Allco, LLC Of Beaumont, Texas For A Total Projected Budgetary Impact Of $28,698.00; Funding Is Available In Water Utility Account No. 410-40-225-5318-00-00-000, Equipment Maintenance (20) P.R. No. 23122 — A Resolution Authorizing The Purchase Of Commercial Windstorm Coverage In An Amount Not To Exceed $1,847,229.81 Per Annum. Proposed Funding By: General Liability Insurance Fund 612-11-025-5410-00-00-000, $1,847,229.81 (21) P.R. No. 23123 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $129,730.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To A Traffic Signal On Gulfway Drive And Bluebonnet 8 AGENDA APRIL 25, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23091 — A Resolution Authorizing An Excavation Permit To Be Issued Pursuant To Chapter 94, Article VII (Excavations) Of The Code Of Ordinances, For Approximately 20.22-Acres Of Land Out Of A 161.34-Acre Tract Of Land Being Situated On Tract No. 033 Of The W.M. Davis Survey, Abstract No. 7, Port Arthur, Jefferson County, Texas. E23-01 — Entergy Texas, Inc. B. Ordinances — Non-Consent — None 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 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City Limits Of Port Arthur 9 AGENDA APRIL 25, 2023 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (3) Section 551.087 Government Code —To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 April 26, 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 *************************************************** 10 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.