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HomeMy WebLinkAboutAUGUST 1, 2023 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYOR eftRON BURTON TIFFANY HAMILTON,MAYOR PRO TEM City of Irkrix CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS,JR. .ry- CITY SECRETARY DONEANE BECKCOM o r t r t h u r HAROLD L.DOUCET,SR. VAL TIZENO THOMAS J.KINLAW,III Texas CITY ATTORNEY DONALD FRANK,SR. AG EN DA City Council Regular Meeting August 1, 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, August 1, 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: 8810597 1433 And Passcode: 254866 (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 1 City Hall Council Chamber City Of Port Arthur August 1, 2023 5:30 PM 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 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) Miss Cherry Lee Johnson Regarding Streets B. Presentations (1) A Presentation By Staff Regarding The Overview Of The Fiscal Year 2023-2024 Proposed Budget C. Employee Recognition — None D. Correspondence — None 1 AGENDA AUGUST 1, 2023 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussions (1) A Discussion Regarding Sidewalks (Requested By Councilmember Doucet) (2) A Discussion Regarding The Last Five (5) Years Of Streets Projects Completed (Requested By Councilmember Kinlaw) (3) A Discussion Regarding The Port Arthur Section 4A Economic Development Corporation (EDC), 504C Length Of Service Of Directors Appointed (Requested By Councilmember Lewis) (4) A Discussion Regarding Individuals Appearing Before Council Giving Presentations (Requested By Councilmember Doucet) 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; 2 AGENDA AUGUST 1, 2023 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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. A. Travel Expense Reports (Al) City Attorney Val Tizeno: Texas City Attorneys Association 2023 Summer Conference San Antonio, TX June 13 — 23, 2023 $2,190.54 B. Minutes — None AGENDA AUGUST 1, 2023 VII. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. 23027 — A Resolution Authorizing The City Manager To Accept Close Out Documents Submitted By Elite Contractors & Equipment, LTD, Of Kirbyville, Texas And Approve The Release Of Retainage In The Amount Of $41,001.45 For The S. 1st Avenue Roadway Reconstruction Project. Funding Is Available In The Capital Improvement Account Number 307-21-053-8517-00-10-000. Project No. ST1P9O-CON (2) P.R. 23233 — A Resolution Ratifying Change Order No. 1 To The Contract With Lark Group, Inc., Of Warren, Texas (Group B-T). Removing 1004 Pecos Avenue, Decreasing The Contract Amount By $4,900.00 To A New Total Of $35,332.00; Account No. 001-13-035- 5470-00-10-000 (General Fund-Other Contractual Service) (3) P.R. 23249 — A Resolution Authorizing The City Manager To Participate In The Grant Application Process For The United States Department Of Transportation (USDOT) For FY 2023 Promoting Resilient Operations For Transformative, Efficient, And Cost-Saving Transportation (PROTECT) Program Grants For Jetty Road In Sabine Pass. There Is No Local Match For This Planning Grant And No Budgetary Impact To Apply For Funding (4) P.R. 23254 — A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Replacement Of The Sanitary Sewer Main On Vicksburg Avenue At 6th Street, With A Total Budgetary Impact Of $110,000.00 From Water Utilities Account No. 405-40-000-8516- 00-00-000, Project No. WS0016-CON 4 AGENDA AUGUST 1, 2023 VII. CONSENT AGENDA — CONTINUED (5) P.R. 23255 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Horseshoe Construction, Inc. Of La Porte, Texas For The Lakeside Pipebursting Project, Decreasing The Contract Amount By $78.00, Bringing The Contract Total To $346,818.00 And Accept The Engineer's Certificate Of Completion, Contractor's Affidavit, Certificate Of Guarantee And Certificate And Release Of Final Payment And Release, And Authorizing The City Manager To Execute The Certificate Of Acceptance; Account No. 405-40-000-8516-00-00- 000, Project No. WS-0014-CON (6) P.R. 23262 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Marsh Waterproofing Of Vidor, Texas For The Repair Of The Exterior Of Pompeiian Villa In The Amount Of $230,000.00. Funds Are Available In Project #B00015, Account# 307-21-049-8512-00-10-000 (7) P.R. 23263 — A Resolution Authorizing The Second Year (Final Renewal) Of The Contract With Smith's Remodeling Of Port Arthur, Texas For Grass Cutting Services At The Civic Center Department Buildings With A Projected Budgetary Impact Of$53,000.00. Funding Available In Civic Center Account Number 001-15-043-5311-00-20- 000 (8) P.R. 23265 — A Resolution Authorizing The City Manager To Reject The Bids For The Construction Of Three (3) Single-Family Homes (9) P.R. 23268 — A Resolution Authorizing The City Manager To Execute A Pipeline Crossing Agreement With Union Pacific Railway Company And Authorizing Payment In The Not-To-Exceed Amount Of $7,000.00 For Permit Fees Relating To The Installation Of A City Utilities Sewer Line At Mile Post 17.63, Near The Intersection Of Highway 365 And Spur 93; Funding Is Available In Water Utilities Account No. 405-40-000-8516-00-00-000, Project No. WS-0012-CON 5 AGENDA AUGUST 1, 2023 VII. CONSENT AGENDA — CONTINUED (10) P.R. 23269 — A Resolution Authorizing The City Manager To Participate In The Grant Application Process For The U.S. Fish And Wildlife Service Wildland Urban Interface Community Fire Assistance Program Necessary For Fire Risk Management For The City Of Port Arthur (11) P.R. 23270 — A Resolution Authorizing The City Manager To Enter Into A Contract With Global Drilling, Inc. Of Winnie, Texas, For The North Sewer Plant Waterline Project With A Projected Budgetary Impact Of $179,000.00; Funds Are Available In Account No. 405-40- 000-8516-00-00-000, Project No. WS-0017 CON VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23264 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Beckcom) (2) P.R. No. 23266 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Kinlaw) (3) P.R. No. 23275 — A Resolution Of The City Of Port Arthur, Texas Designating The Officer Or Employee Responsible For Complying With Section 26.04 Of The Texas Tax Code B. Ordinances — Non-Consent (1) P.O. No. 7155 — An Ordinance Amending Section 2-51 Of The Code Of Ordinances By Amending Subsections (a) And (d) As It Pertains To Regular Meetings And Public Hearings 6 AGENDA AUGUST 1, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.O. No. 7156 — An Ordinance Of The City Of Port Arthur, Texas, Closing, Vacating, Abandoning, And Conveying 0.1377-Acre (6,000 SF) Of Land Being Out Of And A Portion Of An Unimproved 20' Right- Of-Way (Alleyway), Block 180, City Of Port Arthur, J. Butler Survey, Abstract 9, Jefferson County, Texas; Authorizing The City Manager To Execute A Deed Without Warranty; Providing That This Ordinance Shall Be Cumulative; Repealing All Ordinances To The Extent They Are In Conflict; Providing For Severability; And Declaring An Effective Date A23-02 — Lamar State College Port Arthur (3) P.O. No. 7157 — An Ordinance Of The City Of Port Arthur, Texas, Closing, Vacating, Abandoning, And Conveying 0.4821-Acre (21,000 SF) Being A Portion Of An Improved Dedicated Public Street Right- Of-Way, Known As Vicksburg Avenue, Port Arthur, Jefferson County, Texas; Authorizing The City Manager To Execute A Deed Without Warranty; Providing That This Ordinance Shall Be Cumulative; Repealing All Ordinances To The Extent They Are In Conflict; Providing For Severability; And Declaring An Effective Date. A23-03 — Lamar State College Port Arthur (4) P.O. No. 7158 — An Ordinance By The City Of Port Arthur, Texas ("City") Authorizing The Settlement Of The Proposed Fuel Reconciliation Of Entergy Texas, Inc.; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject; And Declaring An Effective Date 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 August 2, 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.