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Home My WebLink AboutJUNE 20, 2023 REGULAR MEETING 9:30 AM THURMAN BILL BARTIE,MAYOR Emig = RON BURTON TIFFANY HAMILTON,MAYOR PRO TE1I City of crn CITY MANAGER COUNCIL MEMBERS: J SHERRI BELLARD,TRMC WILLIE BAE LEWIS CITY SECRETARY KENNETH MARKS u r t r rt u r THOMAS J.KINLAW III Texas VAL TIZENO DONALD FRANK,SR. CITY ATTORNEY AG E N DA City Council Regular Meeting June 20, 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, June 20, 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: 876 5352 2227 And Passcode: 916619 (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 20, 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 (1) Matthews Christian Regarding Property Damage B. Presentations (1) A Presentation By The Emergency Management Team Regarding Storm Preparation (Requested By Councilmember Lewis) C. Employee Recognition (1) Service Awards Presentation D. Correspondence — None AGENDA JUNE 20, 2023 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussions (1) A Discussion Regarding The Budget For The City Landfill's Tub Grinder And City Street Magnets (Requested By Councilmember Lewis) (2) A Discussion Regarding The Westside Empowerment Zone Redevelopment (3) A Discussion Regarding The Budget For The City Bus Stop Shelters 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 AGENDA JUNE 20, 2023 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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.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 (2) 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 (3) 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 I AGENDA JUNE 20, 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 (A1) Mayor Thurman Bartle: Texas Department Of Emergency Management Conference Fort Worth, TX May 29 — June 3, 2023 $2,047.85 (A2) City Manager Ronald Burton: Texas City Management Association Conference 2023 Allen, TX June 8 — June 11, 2023 $1,845.64 (A3) City Attorney Val Tizeno: Texas Department Of Emergency Management Conference Fort Worth, TX May 29 — June 1, 2023 $2,057.04 (A4) Municipal Court Judge Antoine Freeman: Texas Municipal Courts Education Center (TMCEC) South Texas Regional Judge Seminar Corpus Christi, TX May 1-4, 2023 $1,182.02 4 B. Minutes — None 4 AGENDA JUNE 20, 2023 VII. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 23151 —A Resolution Authorizing The City Manager To Enter Into An Agreement With Signature Group Of Port Neches, Texas Through The Region 5 Education Service Center Cooperative Purchasing Program Contract No. 20230404 For Mold Remediation And Repairs At The Sabine Pass Community Center In The Total Amount Of $42,442.00; Funds Available In 001-15-043-5312-00-20- 000 (2) P.R. No. 23184 — A Resolution Terminating The Contract With 3rd Coast Companies Of Beaumont, Texas For The Mowing Of Water Utilities Properties, Group H (3) P.R. No. 23193 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $28,600.00 And Authorizing The Execution Of A Contract By The City Manager For The Demolition Of Six (6) Residential Structures (Group A) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) (4) P.R. No. 23194 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $31,200.00 And Authorizing The Execution Of A Contract By The City Manager For The Demolition Of Seven (7) Residential Structures (Group B) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) (5) P.R. No. 23195 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $30,400.00 And Authorizing The Execution Of A Contract By The City Manager For The Demolition Of Seven (7) Residential Structures (Group C) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) 4 5 AGENDA JUNE 20, 2023 VII. CONSENT AGENDA— CONTINUED (6) P.R. No. 23196 — A Resolution Awarding A Contract To Rise Up Refuse, LLC, In The Amount Of $28,825.00 And Authorizing The Execution Of A Contract By The City Manager For The Demolition Of Seven (7) Residential Structures (Group D) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) (7) P.R. No. 23197 — A Resolution Awarding A Contract To Lark Group, I Inc., In The Amount Of $27,100.00 And Authorizing The Execution Of A Contract By The City Manager For The Demolition Of Six (6) Residential Structures (Group E) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) (8) P.R. No. 23198 — A Resolution Awarding A Contract To Rise Up Refuse, LLC. In The Amount Of $28,250.00 And Authorizing The Execution Of A Contract By The City Manager For The Demolition Of Six (6) Residential Structures (Group G) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) (9) P.R. No. 23199 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $126,861.00 And Authorizing The Execution Of A Contract By The City Manager For Asbestos/Lead Abatement And Demolition Of Eight (8) Dangerous Commercial Properties (Group A) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) (10) P.R. No. 23202 — A Resolution Authorizing The City Manager To Execute A Three-Year Contract Between The City Of Port Arthur And DISYS Solutions, Inc. Through The Texas Department Of Information Resources Contract No. DIR-TSO-34167 For The Purchase And Support Of A Telephone System For The Police Department In The Amount Of $51,976.60. Funding Budgeted In Information Technology Capital Improvement Account 307-09-023- 8522-00-10-000 #IT1007 6 AGENDA JUNE 20, 2023 VII. CONSENT AGENDA— CONTINUED (11) P.R. No. 23206—A Resolution Authorizing The City Manager To Enter Into A Contract For The Purchase Of Sensus Meters For The Water Utilities Operations Department With Aqua-Metric Sales Company Of Selma, Texas In A Not-To-Exceed Amount Of $48,744.87. Funds Are Available In Water Utilities Operations Account No. 410-40-215- 5315-00-00-000, Water System Maintenance (12) P.R. No. 23208 — A Resolution Authorizing The City Manager To Execute A Three-Year Contract Between The City Of Port Arthur And RingCentral For The Provision Of Hosted Cloud Telephone Services Through The Interlocal Purchasing Systems (TIPS) Contract No. 210303 In An Amount Not To Exceed $182,110.30; Funding Budgeted In Information Technology Communication Account 001- 09-023-5482-00-10-000 (13) P.R. No. 23212 — A Resolution Calling For A Public Hearing To Consider A Proposed Abandonment For Approximately 0.4821 Acres Of Land Consisting Of A Dedicated And Approved Portion Of Vicksburg Avenue, Located Between Blocks 179 And 180, Port Arthur, Jefferson County, Texas A23-03 — Lamar State College — Port Arthur (14) P.R. No. 23213 — A Resolution Calling For A Public Hearing To Consider A Proposed Abandonment For Approximately 0.1377 Acres Of Land Consisting Of A Dedicated Portion Of An Alley Right-Of-Way, Located In Block 180, Port Arthur, Jefferson County, Texas A23-03 — Lamar State College — Port Arthur VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23203 — A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Replacement Of The Sanitary Sewer Main On 22nd Street Near 5th Avenue, For A Total Not To Exceed Amount Of$95,000.00 From Water Utilities Account No. 405-40-000- 8516-00-00-000, Project No. WS0016-CON I AGENDA JUNE 20, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 23215 — A Resolution Of The City Council Of The City Of Port Arthur, Texas, Authorizing The Publication Of The Notice Of Intention To Issue City Of Port Arthur, Texas Combination Tax And Revenue Certificates Of Obligation In A Principal Amount Not To Exceed $25,500,000.00 For The Construction Of Public Works And Any Items Related Thereto And For The Payment Of Contractual Obligations For Professional Services; Authorizing The Distribution Of A Preliminary Official Statement Relating To Such Certificates; And Containing Other Provisions Relating Thereto (3) P.R. No. 23219 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Lewis) 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 AGENDA JUNE 20, 2023 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED 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 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 June 21, 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.