Loading...
HomeMy WebLinkAboutJULY 10, 2023 REGULAR MEETING 10:00 AM Ill THURMAN BILL BARTIE,MAYOR = RONALD BURTON Energy TIFFANY HAMILTON,MAYOR PRO TEM City of - cCt CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS CITY SECRETARY DONEANE BECKCOM a r r r t h u��— HAROLD L.DOUCET,SR VAL TIZENO THOMAS KINLAW III Texas CITY ATTORNEY DONALD FRANK,SR. AG EN DA City Council Regular Meeting July 10, 2023 10:00 A. M. The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 10:00 A.M. CST On Monday, July 10, 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: 821 5639 0795 And Passcode: 662948 (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 July 10, 2023 10:00 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tem Hamilton Councilmember Lewis Councilmember Beckcom Councilmember Doucet, Sr. 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) Oscar DeJean-Dwin Regarding Bringing In Another Ambulance Company B. Presentations (1) A Presentation by the Texas Municipal League - Intergovernmental Risk Pool (TML-IRP) Regarding City Liability of Elected or Appointed 4 Officials Acting Beyond Their Official Capacity. (Requested by Councilmember Lewis) (2) A Presentation By The Police Department Regarding The City of Port Arthur's Wrecker Ordinance Procedures And Additional Tow Truck Information (Requested By Councilmember Kinlaw) AGENDA JULY 10, 2023 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) A Presentation By Staff Regarding The April Monthly Financial Report (4) A Presentation By The City Secretary Regarding the Authority to Swear In An Appointee To The EDC Board of Directors (Requested By Councilmember Lewis) C. Employee Recognition — None D. Correspondence — None E. Discussions (1) A Discussion Regarding Development And Water Infrastructure Needs (2) A Discussion Regarding Vactor Acquisitions (Requested By Councilmember Kinlaw) (3) A Discussion And Possible Action Regarding The Conduct Of City Council Meetings (Requested By Councilmember Doucet) IV. PUBLIC HEARINGS — 10:30 A.M. (1) Z23-04 — A Public Hearing To Consider A Specific Use Permit For Approximately 0.3489-Acre Of Land, W76', Lot 9, Block 2, Blvd. Acres, 2740 Memorial Blvd, Port Arthur, Jefferson County, Texas, For An Automobile Sales Shop A Precise Drawing And Description Of This Property Will Also Be Presented At The Public Hearing And Can Be Examined In The City Planning Department, City Hall, Port Arthur, Texas 2 AGENDA JULY 10, 2023 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 JULY 10, 2023 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 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 Pro Tern Tiffany Hamilton: Texas Department Of Emergency Management Conference Fort Worth, TX May 29 — June 3, 2023 $1,980.61 B. Minutes February 7, 2023 Special Meeting February 14, 2023 Regular Meeting March 7, 2023 Special Meeting March 14, 2023 Special Meeting (Executive Session) March 14, 2023 Regular Meeting 4 AGENDA JUNE 20, 2023 VII. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 23110 — A Resolution Authorizing The City Manager To Purchase A 2023 Chevy Malibu Police Vehicle From Lake Country Chevrolet Through The Interlocal Purchasing Systems (TIPS) Contract No. 210907 In The Amount Of $24,816.50; Funding Available Through The Project Safe Neighborhood Grant; Account No. 107-17-045-8522-00-30-000, Project Code PS6801-CAP-EQU (2) P.R. No. 23175 — A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding (MOU) Between Lamar State College Port Arthur (LSCPA) And The Port Arthur Police Department To Provide Communication Services With Regards To Motorola Portable Communication (3) P.R. No. 23186—A Resolution Authorizing The City Manager To Enter Into Five (5) HOME-ARP Contracts With The Following Organizations - Catholic Charities ($105,018.00), The Salvation Army ($50,000.00), Family Services Of Southeast Texas ($60,000.00), And Two (2) With Tender Loving Care Center For Children DBA Legacy Community Development Corporation - $260,000.00 - Rehabilitation Of Rental Units And $375,367.00 For Tenant-Based Rental Assistance (4) P.R. No. 23187 — A Resolution Approving The Policies And Procedures For The 2021 Home Investment Partnerships American Rescue Plan Program (HOME-ARP); Funding From The Department Of Housing And Urban Development (5) P.R. No. 23188 — A Resolution Approving The Tenant-Based Rental Assistance (TBRA) Policy And Procedures For The 2021 Home Investment Partnerships American Rescue Plan Program (HOME- ARP) Funding From The Department Of Housing And Urban Development (6) P.R. No. 23218 — A Resolution Approving An Economic Development Performance Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Vessel Cleaning, LLC In An Amount Not To Exceed $590,456.00; Funds Available In EDC Account No. 120-80-625-5478-00-00-000 AGENDA JUNE 20, 2023 VII. CONSENT AGENDA — CONTINUED (7) P.R. No. 23220 — A Resolution Authorizing Amendment No. 1 To The Contract Between Texas Department Of State Health Services And The City Of Port Arthur For A Healthy Texas Mothers & Babies Community Coalition Grant, To Revise The Budget And Add $75,000.00 In Funds For FY 2024 For A Total Not To Exceed Amount Of $150,000.00 Through August 31, 2024. No Match Required (8) P.R. No. 23222 — A Resolution Authorizing The City Manager To Execute A Contract With Global Drilling, Inc. Of Winnie, Texas, For The Sanitary Sewer System Rehabilitation, Sabine Pass, Pearl Street Project, With A Total Projected Budgetary Amount Of $352,912.00; Funding Available In Account No. 405-40-000-8516-00-00-000, Project No WS0006-CON (9) P.R. No. 23225 — A Resolution Authorizing The Third Year (Final Renewal) Of The Contract With Bennett Electric Of Beaumont, Texas And Gulf Coast Electric Co. Inc, Of Beaumont, Texas, For Electrical Repairs And Maintenance At Various Locations, With A Projected Budgetary Impact Of$115,000.00; Funds Available In R & M Account Numbers For Various Departments (10) P.R. No. 23226 — A Resolution Authorizing The Third Year (Final Renewal) For The Temporary Staffing Contract Between The City Of Port Arthur And Argus Talent Of Houston, Texas For The Purpose Of Providing Temporary Employees For The City Of Port Arthur; Funding Available In Various Departmental Accounts (11) P.R. No. 23227 — A Resolution Authorizing The Second Year (First Renewal) Of The Non-Exclusive Contracts With Triangle Dirt Works, Select Civil Services, LLC DBA Select Materials, And Mid-County Land Co., LTD. For The Providing Of Soils For The City Of Port Arthur With A Projected Budgetary Amount Of $600,000.00. Funding Is Available In Account No. 403-50-320-5486-00-00-000 - Public Works Landfill - Landfill Construction And Account No. 001-21-053-5316-00-70-000 Public Works Streets Maintenance 6 AGENDA JULY 10, 2023 VII. CONSENT AGENDA — CONTINUED (12) P.R. No. 23228 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 Between The City Of Port Arthur And Allco, LLC, Of Beaumont,Texas For The Widening Of 7th Avenue And Excavation On 8th Avenue On The 2022-2023 Street Rehabilitation Project — District 1 For The Amount Of $522,526.30. Funds Are Available In The Street Capital Fund Account No. 307-21-053-8517- 00-10-000 (13) P.R. No. 23230 — A Resolution Authorizing The City Manager To Execute Settlement Of A Property Damage Claim In The Amount Of $382,729.86 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Fire Engine Unit 1710 (14) P.R. No. 23231 — A Resolution Authorizing The City Manager To Execute An Interlocal Forfeiture Agreement Between The Port Arthur Police Department And The Jefferson County District Attorney Regarding The Disposition Of Forfeited Property And Contraband (15) P.R. No. 23238 — A Resolution Authorizing The City Manager To Execute An Amendment To The Contract With The Solco Group, LLC Of Port Arthur, Texas For Engineering And Design Services For Port Arthur Transit's (PAT) Terminal Building Expansion Located At 322 Procter Street, Port Arthur, Texas For A New Total Amount Not To Exceed $87,040.00. Funding Is Available In Account 401-70-530- 8512-00-60-000. Project TR1416 (16) P.R. No. 23241 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $11,474.60 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Police Vehicle #2183 AGENDA JULY 10, 2023 VII. CONSENT AGENDA — CONTINUED (17) P.R. No. 23242 — A Resolution Authorizing The City Manager To Execute An Agreement With Central Square For Online Payment Processing And Credit Card Merchant Services. Services Purchased From Central Square Are Provided By PAYA And BMO Harris Bank On A Month-To-Month Basis With A Projected Budgetary Impact Of $65,000.00. Funds Are Available In Water Utilities Account #410- 40-205-5470-00-00-000 (18) P.R. No. 23244 — A Resolution Authorizing The Calling Of A Public Hearing To Consider Whether Or Not Public Convenience And Necessity Require The Operation Of Proposed Wrecker Business, I.E., A.C. Towing &Transport VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23101 — A Resolution Authorizing The Police Chief To Execute A Memorandum Of Understanding (MOU) Between The City Of Port Arthur And The Port Arthur Police Association To Modify Article 27, Section 2 Of The Current Collective Bargaining Agreement (2) P.R. No. 23224 — A Resolution Amending Resolution No. 85-067 Authorizing Improvements To A Portion Of Rice Farm Road And The Relocation Of A Barricade Consistent With The Fire Code Standards To Provide Fire And Emergency Access (3) P.R. No. 23240 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Civic & Activity Center Commission B. Ordinances — Non-Consent (1) P.O. No. 7150 — An Ordinance Authorizing The Sale Of Surplus Technology Equipment 8 AGENDA JULY 10, 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 551.071 Government Code — Attorney Consultation To Provide Advice And Counsel In Connection With The City's Rights, Duties, Privileges, And Obligations In Connection With Pending Litigation And Negotiations With The Port Arthur Police Association (PAPA) And International Association Of Fire Fighters (IAFF) Local 397 (3) Section 551.071 Government Code — Attorney Consultation To Provide Advice And Counsel In Connection With The City's Rights, Duties, Privileges, And Obligations In Connection With Municipal Civil Service For Firefighters And Police Officers (4) 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 JULY 10, 2023 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (5) 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 July 11, 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 *************************************************** i(I 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.