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HomeMy WebLinkAboutJULY 18, 2023 REGULAR MEETING 9:30 AM THURMAN BILL BARTIE,MAYOR RONALD BURTON TIFFANY HAMILTON,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS,JR. CITY SECRETARY DONEANE BECKCOM O l't rth u�_ HAROLD L.DOUCET,SR. VAL TIZENO THOMAS KINLAW,III Texas CITY ATTORNEY DONALD FRANK,SR. AG EN DA City Council Regular Meeting July 18, 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, July 18, 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: 879 3169 7883 And Passcode: 541062 (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 18, 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, Jr. 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) Robert Petisca Regarding Eagle Park B. Presentations (1) Paul Watson Of Climate Impact Capital Energy Holdings, LLC And Hilton Kelley, Founder And Director Of Community In-Power And Development Association Inc. (CIDA) Regarding Community Power Accelerator Hubs (2) A Presentation By Finance Director Kandy Daniels Regarding Paying City Vendors (Requested By Councilmember Kinlaw) AGENDA JULY 18, 2023 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) A Presentation By Fire Chief Greg Benson Regarding The Process For The Issuance Of Permits For The Operation Of Emergency Service Vehicles (Ambulances) Within The City Port Arthur Pursuant To Chapter 114, Article II Of The Code Of Ordinances C. Employee Recognition — None D. Correspondence — None E. Discussions (1) To Discuss And Possibly Take Action Regarding A Final 60 Day Extension Of The Existing Ambulance Services Between The City Of Port Arthur And Acadian Ambulance Service, Inc., To Facilitate Deliberations Of The Application Process (2) A Discussion And Possible Action Regarding The Conduct Of City Council Meetings (Requested By Councilmember Doucet) (3) A Discussion Regarding The Street Program (Requested By Councilmember Doucet) (4) To Discuss And Possibly Take Action Regarding The Fiscal Year 2023-2024 Proposed Budget Filing Date To Comply With Tax Code §26.05 IV. PUBLIC HEARINGS — 10:00 A.M. (1) A Public Hearing To Consider Whether Or Not Public Convenience And Necessity Require The Operation In The City Of The Proposed Wrecker Company And To Authorize The Chief Of Police To Issue A Wrecker Permit For The Following Named Business: A.C. Towing & Transport Aaron Campbell, Owner/Operator 331 Augusta Avenue Port Arthur, Tx 77642 AGENDA JULY 18, 2023 IV. PUBLIC HEARINGS — 10:00 A.M. — CONTINUED (2) A Public Hearing To Consider the proposed abandonment of the Following: A23-02 Lamar State College - Port Arthur 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 A precise drawing and description of the proposed abandonment will be presented at the Public Hearing and can be examined in the City Development Services Department, Port Arthur, Texas. The public will also be able to view the Public Hearing via the City's website at www.portarthurtx.gov Any person may participate in the Public Hearing and address the City Council (3) A Public Hearing To Consider the proposed abandonment of the Following: A23-03 Lamar State College - Port Arthur 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 A precise drawing and description of the proposed abandonment will be presented at the Public Hearing and can be examined in the City Development Services Department, Port Arthur, Texas. The public will also be able to view the Public Hearing via the City's website at www.portarthurtx.gov Any person may participate in the Public Hearing and address the City Council 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; 3 AGENDA JULY 18, 2023 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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 VI. UNFINISHED BUSINESS — NONE 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. 4 AGENDA JULY 18, 2023 VII. CONSENT AGENDA A. Travel Expense Reports — None B. Minutes — None C. Resolutions (1) P.R. No. 23204—A Resolution Authorizing The City Manager To Enter Into A Contract With Allco, Inc. Of Beaumont, Texas, For Piping Repairs For The Dallas Avenue & 4th Street Elevated Storage Tank Piping Repair Project With A Projected Budgetary Impact Of $207,994.00; Funds Are Available In Account No. 405-40-000-8516- 00-00-000, Project No. WS-0004 CON (2) P.R. No. 23211 — A Resolution Authorizing The City Manager To Execute Change Order No. 4 To The Contract Between The City Of Port Arthur And Paramount Design & Development Of Beaumont, Texas, For The Reconstruction Of Four (4) Homes, Increasing The Contract Amount By $8,500.00 To A New Contract Total Of $732,723.00. Funds Will Be Provided From Account No. 105-13-033- 5470-00-40-000, Project Numbers CD5115, CD6145, CD7115, CD7145 And The Texas Department Of Housing And Community Affairs Home Investment Partnerships Program Reservation System (3) P.R. No. 23214—A Resolution Authorizing The City Manager To Enter Into An Agreement With Mike Barnett Construction, Inc. Of Port Neches,Texas Through The Region 5 Education Service Center (ESC) Southeast Texas Cooperative Purchasing Program Contract No. 20230202 For The Replacement Of The Gutters On The Administration Building And The Roof Cover On The Chemical Maintenance Building At The Water Purification Plant In The Total Amount Of $119,250.00; Funding Is Available In Account No. 410- 40-210-5312-00-00-000, Building Maintenance 5 AGENDA JULY 18, 2023 VII. CONSENT AGENDA — CONTINUED (4) P.R. No. 23223 — A Resolution Authorizing The City Manager To Execute A Contract With Sitek Omni Services LLC Of Spring, Texas, For The Demolition, Asbestos Abatement, And Cleaning Of The Gates Professional Building, Located At 3600 Gates Boulevard, Port Arthur, Jefferson County, Texas, With A Projected Budgetary Impact Of $148,800.00 Through Region 5 Education Service Center (ESC) Contract Numbers 20230404 And 20230403; Budgeted Funds Are Available In The Capital Improvement Fund — City Facility Improvements Account, 307-21-049-8512-00-10-000 (5) P.R. No. 23232 — A Resolution Authorizing The City Manager To Execute An Interlocal Contract With South East Texas Regional Planning Commission Relating To The Planning, Development, Operation And Provision Of 9-1-1 Service And The Use Of 9-1-1 Funds (6) P.R. No. 23235 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract For The Tractor Mowing Services Of The Highway 73, Jade Avenue And Spur 93 Business Parks With B&N Mowers, LLC Of Port Arthur, Texas, In The Amount Not To Exceed $38,000.00. PAEDC Funding Account No. 120-80-625-5479-00-00-000 (7) P.R. No. 23237—A Resolution Authorizing The City Manager To Enter Into A Memorandum Of Understanding (MOU) Between The Texas Department Of Public Safety And The Port Arthur Police Department Regarding State Vehicle Weight Enforcement Inspections And Commercial Vehicle Enforcement Authority (8) P.R. No. 23246 — A Resolution Calling For A Public Hearing To Consider Granting A Zoning Map Amendment For Approximately 7.404 Acres Of Land — Consisting Of Lot 16 & Part Of Lot 17, Block 7, Hillcrest 2 Subdivision, Port Arthur, Jefferson County, Texas (Property Is Located South Of Laura Lane And West Of 90th Street) 6 AGENDA JULY 18, 2023 VII. CONSENT AGENDA — CONTINUED (9) P.R. No. 23247 — A Resolution Authorizing The Second Year (First Renewal) For Mowing Contracts Between The City Of Port Arthur And Amelia Lawn Care & Landscaping Of Port Arthur, Texas For Group 1, Valencia Lawn Of Port Arthur, Texas For Group 1(A), Derrick & Noah Lawn Service Of Port Arthur, Texas For Group 7(A), Consider Us Of Port Arthur, Texas For Group 8, And Whit's Grass Cutting Of Port Arthur, Texas For Group 9 For Mowing Of Various City Properties, Parks & Right-Of-Ways With An Estimated Budgetary Impact Of $93,009.00 (FY2023 $44,290.00 And FY2024 $48,719.00) Funding Available In Parks Account No. 001-25-065-5311-00-20-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23245 — A Resolution Authorizing The Chief Of Police To Issue A Wrecker Business Permit To A.C. Towing And Transport Located At 331 Augusta Avenue, Port Arthur, Texas (2) P.R. No. 23251 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic • Development Corporation (Requested By Councilmembers Doucet And Beckcom) (3) P.R. No. 23253 — A Resolution Appointing A Member Or Members To The Pleasure Island Advisory Commission (Requested By Councilmembers Doucet And Beckcom) (4) P.R. No. 23258—A Resolution Authorizing The City Manager To Enter Into The Third Year (Second Renewal) Contract With Ardurra Of Houston, Texas For Assistance With The American Rescue Plan Act Program/Grant Management Services In An Amount Not To Exceed $180,000.00 Per Annum. Funds Are Available From American Rescue Plan Account #169-07-015-5470-00-40-000, Project No. ARP0007 • AGENDA JULY 18, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 7131 — An Ordinance Authorizing The Transfer Of Ownership Of Police Canine "Remy" To LAK9, LLC Of Maurice, Louisiana (2) P.O. No. 7132 — An Ordinance Authorizing The Transfer Of Ownership Of Police Canine "Reus" To The Personal Care Of LAK9, LLC Of Maurice, Louisiana (3) P.O. No. 7151 — An Ordinance Authorizing The Sale Of A City Owned Vacant Tract Of Land Located At 627 W. 10th Street And Execution Of A Special Warranty Deed 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 Regarding Pending Litigation As It Pertains To Civil Action No. 01:23-CV-00092, McClain-Lee V. City Of Port Arthur, In The United States District Court Eastern District Of Texas, Beaumont Division 8 AGENDA JULY 18, 2023 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (2) 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 (3) 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 (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The ETJ/Industrial District (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 *************************************************** 4 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 19, 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 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.