HomeMy WebLinkAboutMAY 23, 2023 REGULAR MEETING 9:30 AM THURMAN BILL BARTIE,MAYOR RON BURTON
TIFFANY HAMILTON,MAYOR PRO TEM City of CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
WILLIE BAE LEWIS - CITY SECRETARY
KENNETH MARKS n>"t J't
THOMAS J.KINLAW III VAL TREND
DONALD FRANK,SR. Texas CITY ATTORNEY
AG E N DA
City Council
Regular Meeting
May 23, 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, May 23, 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: 844 2067 5952 And Passcode: 419114
(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
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City Council Regular Meeting
City Hall Council Chamber
City Of Port Arthur
May 23, 2023
9:30 AM
PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES
I. INVOCATION, PLEDGE & ROLL CALL
Mayor Bartie
Mayor Pro Tern Hamilton
Councilmember Lewis
Councilmember Vacant District 3
Councilmember Marks
Councilmember Kinlaw, III
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 — None
B. Presentations
(1) A Presentation By William Fermo Regarding The 5K Running Event
At Pleasure Island
(2) A Presentation By Charles McElroy Of ProVision Developments LLC
Regarding 3D Printed Houses
(3) A Presentation To The Mayor And City Council By The
Quasquicentennial Steering Committee And Celebration Team.
Representatives: Verna Rutherford, Pat Avery, Dr. Albert Thigpen,
Dr. Sam Monroe, Tom Neal, Tammy Kotzur
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AGENDA
MAY 23, 2023
III. PETITIONS & COMMUNICATIONS — CONTINUED
(4) A Presentation By Staff Regarding Updates On The Pleasure Island
Department
(5) A Presentation By Selim Kiralp Regarding A Proposed Development
On Pleasure Island
(6) A Presentation By Staff Regarding The March Finance And Quarterly
Investment Report
(7) A Presentation On The City Of Port Arthur Master Drainage Plan By
Arceneaux, Wilson & Cole
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;
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AGENDA
MAY 23, 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
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(1) P.O. No. 7146 — An Ordinance Amending Appendix A: Zoning
Ordinance Of The City Of Port Arthur By Changing The Zoning On
Approximately 1.924-Acre Of Land, A Portion Of Lot 4, Block 7, Port
Acres Addition (6194 Jade Avenue), Port Arthur, Jefferson County,
Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The
City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The
Code Of Ordinances As Amended By Fine Not Exceeding Two
Thousand [$2,000.00] Dollars); And Providing For Publication In The
Official Newspaper Of The City Of Port Arthur Effective Immediately
After Publication Date
Z23-03 — Luis A. Espinoza
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AGENDA
MAY 23, 2023
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
Request For Pre-Approval Of Travel Pursuant To 78-269 (b)(8) Of
The Code Of Ordinances
(Al) Mayor Pro Tern Tiffany Hamilton:
Texas Department Of Emergency Management
Conference
Fort Worth, TX
May 29 — June 3, 2023 $1,585.56
(A2) Councilmember Willie Lewis:
Texas Department Of Emergency Management
Conference
Fort Worth, TX
May 29 — June 2, 2023 $1,853.76
Travel Expense Report
(A3) City Manager Ronald Burton:
National Forum For Black Public Administrators
Minneapolis, MN
April 25-30, 2023 $3,203.56
B. Minutes — None
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AGENDA
MAY 23, 2023
VII. CONSENT AGENDA — CONTINUED
C. Resolutions
(1) P.R. No. 23005 — A Resolution Ratifying The City Manager's Decision
To Authorize The Emergency Repair To The Sewer Main On Orange
Avenue At Gulfway Drive (State Highway 87), For The Total Not To
Exceed Amount Of $186,700.00 From Water Utilities Account No.
405-40-000-8516-00-00-000, Project No. WS0016-CON
(2) P.R. No. 23111 — A Resolution Authorizing The City Manager To
Accept The Engineer's Certificate Of Completion, Contractor's
Affidavit, Contractor's Certificate Of Guarantee And Contractor's
Certificate And Release And Authorizing The City Manager To
Execute The Certificate Of Acceptance For The Sabine Pass
Pipebursting Contract No. 2 By Global Drilling, Inc. Of Winnie, Texas
And Authorizing The Release Of Retainage In The Amount Of
$31,134.69, From The Retainage Account For Capital Improvement
Account No. 405-40-000-8516-00-00-000, Project No. WS-0006-CON
(3) P.R. No. 23135 — A Resolution Authorizing An Agreement Between
The City Of Port Arthur And The City Of Port Arthur Section 4A
Economic Development Corporation For The Use Of Property Located
Physically At 9555 West Port Arthur Road (Site) At The Jade Avenue
Business Park As A Temporary Debris Management Site In The Event
Of State Or Federally Declared Disaster
(4) P.R. No. 23146—A Resolution Authorizing The City Manager To Enter
Into A Professional Services Contract With UA Engineering Of
Beaumont, Texas, To Provide Professional Engineering Design And
Construction Administration Phase Services For The El Vista Drainage
Pump Station In A Not-To-Exceed Amount Of $90,000.00. Budgeted
Funds Are Available In The Drainage Pump Stations Program
Account, DR1P07-DES, 307-21-055-8515-00-10-000
(5) P.R. No. 23147 — A Resolution Authorizing The City Manager To
Upgrade The Water Purification Plant Clarifier Controls By Champion
Technology Services Of Port Arthur, Texas With A Total Projected
Budgetary Impact Of $33,730.00; Funding Is Available In Water
Utilities Account No. 410-40-210-5318-00-00-000, Equipment
Maintenance
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AGENDA
MAY 23, 2023
VII. CONSENT AGENDA — CONTINUED
(6) P.R. No. 23152 — A Resolution Authorizing The City Manager To
Execute A Contract With Kinloch Equipment & Supply, Inc. Of
Pasadena, Texas Through BuyBoard Contract No. 676-22 For The
Rental Of A Vactor Truck For Lift Station And Sanitary Sewer Main
Cleaning With A Total Projected Budgetary Impact Of $67,500.00;
Funding Is Available In Account No. 410-40-220-5401-00-00-000,
Rent
(7) P.R. No. 23153 — A Resolution Authorizing The City Manager To
Execute The First-Year Renewal Contract With Honesty
Environmental Services, Inc. Of Nederland, Texas, For Asbestos,
Lead, And Mold Abatement Consultant Services, In An Amount Not
To Exceed $40,000.00, To Be Charged To Account No. 001-13-035-
5470-00-10-00 (General Fund)
(8) P.R. No. 23154 — A Resolution Authorizing The City Manager To
Execute A Commercial Refuse Disposal Contract Between The City
Of Port Arthur, Texas And Divas Of Construction, DBA C & D Services
Of Nederland, Texas For The Purpose Of Disposing Of Refuse At The
City's Sanitary Landfill
(9) P.R. No. 23155 — A Resolution Authorizing The City Manager To
Execute Amendment No. 2 To The Contract Between The City Of
Port Arthur And The Texas Parks And Wildlife Department (TPWD)
Adding 7 Months To The Original Contract Completion Date Of May
31, 2023 To The New Contract Completion Date Of December 31,
2023 For The Sabine Pass Boat Ramp Rebuild And Area
Improvements Project. Funding Is Not Impacted. Project No.
PR0007-GRA
(10) P.R. No. 23156 — A Resolution Authorizing The City Manager To
Participate In The Grant Application Process For The United States
Department Of Transportation (USDOT) For FY 2023 Safe Streets
And Roads For All (SS4A) Funding Appropriations And Approval Of A
Local Match Of 20 Percent. There Is No Budgetary Impact To Apply
For Funding
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AGENDA
MAY 23, 2023
VII. CONSENT AGENDA — CONTINUED
(11) P.R. No. 23159 — A Resolution Authorizing A Payment To The
Jefferson County Tax Office In An Amount Not To Exceed
$39,841.32; Funding Available In The City Manager's Contingency
Account No: 001-01-005-5470-00-10-000; Project No. MA0023-OTH-
OCS
(12) P.R. No. 23162 — A Resolution Authorizing The City Manager To
Execute An Industrial District Agreement With Port Arthur LNG Phase
II, LLC And PALNG Common Facilities Company, LLC For The Port
Arthur LNG Expansion Project
(13) P.R. No. 23163 — A Resolution Amending Resolution No. 23-174 As
It Pertains To The Final Payment Made To Brystar Contracting, Inc.
Of Beaumont, Texas For Emergency Repairs To The North Plant Lift
Station; Funding Available In The Water Utilities Account No. 405-
40-000-8516-00-00-000, Project No. WS0005-CON
(14) P.R. No. 23166 — A Resolution Authorizing The Execution Of A Six-
Month Contract For The Purchase Of Concrete Building Materials For
The Public Works Streets Division With Martin Marietta Materials, Inc.
Of Beaumont, Texas, With A Projected Budgetary Impact Of
$250,000.00. Budgeted Funds Are Available In The Street
Maintenance Account, 001-21-053-5316-00-70-000, And The Capital
Improvement Fund Streets Program Account, 307-21-053-8517-00-
10-000, Various Projects
(15) P.R. No. 23170 — A Resolution Authorizing The City Manager To
Renew A Three-Year Microsoft Enterprise Agreement Through SHI
Government Solutions For The Total Amount Of $162,195.84 To Be
Paid In Three Annual Payments Of $54,065.28. Information
Technology Account No. 001-09-023-5420-00-10-000
(16) P.R. No. 23172—A Resolution Authorizing The City Manager To Enter
Into An Agreement With Industrial And Commercial Mechanical Of
Beaumont, Texas To Replace The Current HVAC Rooftop Unit #6 Of
The Civic Center In The Amount Of $123,911.00. Funds Available In
Account Number 001-15-043-5312-00-20-000
AGENDA
MAY 23, 2023
VII. CONSENT AGENDA — CONTINUED
(17) P.R. No. 23173 — A Resolution Authorizing The City Manager To
Execute A Lease Agreement Between The City Of Port Arthur And
SM Brother & Sisters Corporation DBA Island Grocery And Cajun
Cabins For Approximately 2.96 Acres Located At 1900 Martin Luther
King, Jr. Dr., Port Arthur, Texas, 77640
(18) P.R. No. 23176 — A Resolution Authorizing The City Manager To
Execute An Extension Of The Non-Exclusive Ambulance Agreement
With Acadian Ambulance Service, Inc. For A Period Of Thirty (30)
Days
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 23144 — A Resolution Authorizing The Execution Of
Contracts For The Purchase Of Road Building Materials For The Public
Works Streets Division With Martin Marietta Materials, Inc. And Gulf
Coast, A CRH Company Of Beaumont, Texas, And Vulcan
Construction Materials, LLC. Of San Antonio, Texas, With A Projected
Budgetary Impact Of $1,000,000.00. Budgeted Funds Are Available
In The Street Maintenance Account 001-21-053-5316-00-70-000 And
The Capital Improvement Fund Streets Program Account 307-21-
053-8517-00-10-000, Various Projects
(2) P.R. No. 23148 — A Resolution Appointing And/Or Reappointing A
Member Or Members To The Port Arthur Library Board
(3) P.R. No. 23168 —A Resolution Appointing A Member To The Planning
And Zoning Commission Of The City Of Port Arthur, And Whose Term
Shall Expire October 30, 2024
(4) P.R. No. 23174 — A Resolution Appointing And/Or Reappointing A
Director Or Directors To The City Of Port Arthur Section 4A Economic
Development Corporation (Requested By Councilmember Frank)
B. Ordinances — Non-Consent — None
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AGENDA
MAY 23, 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 551.072 Government Code — To Discuss Or Deliberate The
Purchase, Exchange, Lease, Or Value Of Real Property Within The
City Limits Of Port Arthur
(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
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AGENDA
MAY 23, 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 May 24, 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
***************************************************
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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.