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HomeMy WebLinkAboutMAY 23, 2023 REGULAR MEETING 9_30 AMTHURMAN BILL BARTIE, MAYOR RON BURTON TIFFANY HAMILTON, MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD, TRMC WILLIE BAE LEWIS CITY SECRETARY KENNETH MARKS THOMAS J. KINLAW III VAL TIZENO DONALD FRANK, SR. CITY ATTORNEY AGENDA 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 1 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 Tem 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 2 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; 3 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 (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 4 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 (A1) Mayor Pro Tem 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 5 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 LJA 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 6 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 7 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 8 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 9 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 10 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 *************************************************** 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.