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HomeMy WebLinkAboutJUNE 6, 2023 REGULAR MEETING 5:30 PM pdfTHURMAN 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 June 6, 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, June 6, 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: 826 4950 0919 And Passcode: 341846 (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 June 6, 2023 5:30 PM 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 (1) Henry LaBrie Regarding Property Development B. Presentations (1) A Presentation By Melinda Smith With Gary Traylor And Associates Regarding The Hurricane Harvey Local Buyout Grant C. Employee Recognition – None D. Correspondence – None E. Discussions – None 2 AGENDA JUNE 6, 2023 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; (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 3 AGENDA JUNE 6, 2023 VI. UNFINISHED BUSINESS (1) 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 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: Golden Triangle Days Austin, TX February 26 – March 1, 2023 $2,214.30 B. Minutes – None C. Resolutions (1) P.R. 23030 – A Resolution Authorizing The City Manager To Execute A Contract With Greenscapes Six, LLC Of Baytown, Texas For ADA Compliant Bus Stop Construction At Various Locations In The City Of Port Arthur, Texas In The Amount Not To Exceed $153,291.00. Funding Is Available In Account 401-70-530-8525-00-60-000, Project TR11316CAP.OCO 4 AGENDA JUNE 6, 2023 VII. CONSENT AGENDA – CONTINUED (2) P.R. No. 23134 - A Resolution Authorizing The City Manager To Enter Into A Contract With Burditt Consultants, LLC. Of Conroe, Texas For The Development And Implementation Plan Of The Rose Hill Park Master Plan With A Projected Budgetary Impact Of $37,500.00 Plus Reimbursables Of $1,500.00 For A Total Contract Amount Of $39,000.00. Funding Available In Account Number 307-25-067- 8525-00-10-000; PR0005-CON (3) P.R. No. 23161 – A Resolution Calling For A Public Hearing To Consider A Specific Use Permit For 0.3489 Acres Of Land, W76', Lot 6, Block 2, Blvd. Acres, 2740 Memorial Blvd., Port Arthur, Jefferson County, Texas For An Automobile Sales Shop (4) P.R. No. 23164 – A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract For Landscaping And Irrigation Maintenance At The Spur 93 And Jade Ave. Business Parks With Frey’s Landscape LLC Of Orange, Texas In The Amount Of $90,600.00; PAEDC Funding Account No. 120-80-625-5479-00-00-000 (5) P.R. No. 23165 – A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Engaging The Services Of Schindler Elevator Corporation Of Houston, Texas For An Extended Warranty Agreement To Service Two (2) Elevators At The Press Building Located At 549 4th Street, In The Amount Of $11,184.00. Funds Available In EDC Account No. 120-80-625-5312- 00-00-000 (6) P.R. No. 23169 – A Resolution Designating And Establishing The 2023 Juneteenth Alumni Softball Tournament, Designating The Port Arthur Alumni Softball Group As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof (7) P.R. No. 23171 – A Resolution Designating And Establishing The 2023 Juneteenth Festivities, Designating The Willie Carter Outreach Center As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof 5 AGENDA JUNE 6, 2023 VII. CONSENT AGENDA – CONTINUED (8) P.R. No. 23178 – A Resolution Approving The FY 2024 Contract Agreement Between The City Of Port Arthur And The Department Of State Health Services, Immunization Branch-Local For The Contract Period Starting September 1, 2023, Through August 31, 2024. The Total Amount Of This Contract Will Not Exceed $162,630.00. No Cash Match is Required (9) P.R. No. 23179 – A Resolution Approving FY 2024-2025 Contract Between The City Of Port Arthur And The Department Of State Health Services, RLSS-Local Public Health Services In The Not To Exceed Amount Of $335,034.00 For The Period September 1, 2023 Through August 31, 2025. No Match Required (10) P.R. No. 23180 – A Resolution Authorizing The City Manager To Enter Into An Agreement For Independent Professional Services Between The City Of Port Arthur And Steven Moore, A Medical Laboratory Technologist, To Provide Contract Services For The City’s Laboratory, Account Number 001-23-061-5470-00-50-000, Other Contractual Account. Funds In The Amount Of $30,000.00 Were Budgeted In The FY 2023 Budget And The Proposed FY 2024 (11) P.R. No. 23183 – A Resolution Ratifying The City Manager’s Decision To Authorize The Payment Of The Second Quarter Solid Waste Permit Fee For The Landfill To The Texas Commission On Environmental Quality With A Budgetary Impact Of $28,486.61. Funding Is Available In The Landfill’s Regulatory Costs Account, 403- 50-320-5471-00-00-000 (12) P.R. No. 23185 – A Resolution Amending Resolution Number 23-196 As It Pertains To Increasing The Annual Budgetary Impact For Sun Coast Resources, Inc. Of Houston, Texas, For Dyed Diesel Fuel From $250,000.00 To $900,000.00. Funding Is Available In 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 JUNE 6, 2023 VII. CONSENT AGENDA – CONTINUED (13) P.R. No. 23190 – A Resolution Authorizing The City Manager To Execute Contract Amendment No. 2, Adding 180 Calendar Days To The Revised Contract Completion Date Of June 20th, 2023 Amending To The New Contract Completion Date Of December 17th, 2023 For Arceneaux, Wilson & Cole, LLC Of Port Arthur, Texas To Complete Its Development Of A Citywide Master Drainage Plan With No Budgetary Impact (14) P.R. No. 23191 – A Resolution Authorizing The City Manager To Accept A Donation From Motiva Enterprises, LLC In The Amount Of $5,000.00 For First Responder Support And Assistance (15) P.R. No. 23200 – A Resolution Ratifying The City Manager’s Decision To Authorize Change Order No. 3 To The Contract Between The City Of Port Arthur And Gulf Coast, A CRH Company Of Beaumont, Texas, For The Various Streets Roadway Improvement Project – District 2 & 3, Which Increased The Total Contract Amount By $196,098.09 And Expanded The Scope Of Work On Lakefront Avenue. Funding Is Available In The Capital Improvement Project Account 307-21- 053-8517-00-10-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. No. 23189 – A Resolution Authorizing The July 4, 2023 Regularly Scheduled Council Meeting Date To Be Rescheduled To July 10, 2023 (2) P.R. No. 23201 – A Resolution Authorizing The City Manager To Enter Into A Memorandum Of Agreement With The Lamar University— Center For Resiliency In Collaboration With Jefferson County For Support And Collaboration In Regard To Pleasure Island Erosion, Mitigation, Restoration And Enhancement As Well As Ecosystem Protection And Increased Port Arthur Community Resiliency With A Projected Budgetary Impact Of $150,000.00, Funds Available In Account No. 001-01-005-5470-00-10-000, Project No. MA0030 7 AGENDA JUNE 6, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (3) P.R. No. 23205 – A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Mayor Pro Tem Hamilton) (4) P.R. No. 23207 – A Resolution Appointing A Member Or Members To The Pleasure Island Advisory Commission (Requested By Mayor Pro Tem Hamilton) 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 June 7, 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.