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HomeMy WebLinkAboutAUGUST 15, 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. C: — CITY SECRETARI DONEANE BECKCOM nik h u r HAROLD L.DOI_CET,SR. YAL TIZENO THOMAS KINLAW,III Texas CITY ATTORNEY DONALD FRANK,SR. AGENDA City Council Regular Meeting August 15, 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, August 15, 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 6650 3850 And Passcode: 248742 (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 August 15, 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 AGENDA AUGUST 15, 2023 III. SPECIAL ACTION ITEM (1) P.O. No. 7160 — An Ordinance Of The City Of Port Arthur, Texas, Authorizing The Issuance And Sale Of City Of Port Arthur, Texas, Combination Tax And Revenue Certificates Of Obligation, Series 2023 In The Aggregate Principal Amount Of $25,500,000; Levying A Tax In Payment Thereof; Making Other Provisions Regarding Such Certificates Of Obligation, Including Authorizing The Preparation And Distribution Of One Or More Preliminary Official Statements And Authorizing The Preparation And Distribution Of One Or More Official Statements And Matters Incident Thereto; Awarding The Sale Of The Certificates; Authorizing The Execution And Delivery Of One Or More Purchase Agreements; Authorizing Bond Insurance; Authorizing The Execution And Delivery Of A Paying Agent/Registrar Agreement; Authorizing And Confirming The Engagement Of Certain Professionals In Connection With The Issuance Of The Certificates Of Obligation; Finding And Determining That The Meeting At Which This Ordinance Is Passed Is Open To The Public As Required By Law; And Enacting Other Provisions Relating Thereto IV. PETITIONS & COMMUNICATIONS A. Speakers (1) Robert & Monica Barraza Introducing Themselves To The City Council (2) Mrs. Joan Jones Regarding Being Customer Service Friendly (3) Mr. Gerry Howard Regarding Water Meters B. Presentations (1) A Presentation By The Entergy, Inc. Regarding Port Arthur Street Lighting (Requested By Councilmember Kinlaw) (2) A Presentation Regarding The Wayfinding Signage Project (Requested By Councilmember Frank) 2 AGENDA AUGUST 15, 2023 IV. PETITIONS & COMMUNICATIONS — CONTINUED (3) A Presentation By Claire Marceaux Regarding Community Benefits Agreement And Potential Community Impact In Port Arthur (Requested By Councilmember Frank) (4) A Presentation By Councilmember Beckcom Regarding Code Enforcement Issues In District 3 C. Employee Recognition — None D. Correspondence — None E. Discussions (1) A Discussion And Possible Action On The Effect Of HB 2127 Regarding The Parking Of Wrecker Vehicles In a Residential Area (Requested By Councilmember Beckcom) (2) A Discussion And Possible Action Regarding The $16.9 Million Drainage Project For The Stonegate Area (Requested By Councilmember Beckcom) (3) A Discussion Regarding Drainage Projects In Port Acres And El Vista (Requested By Councilmember Doucet) (4) A Discussion Regarding The P-Card Policy (Requested By Councilmember Doucet) (5) A Discussion Regarding Amending The City Of Port Arthur Section 4A EDC Bylaws (Requested By Councilmember Lewis) 3 AGENDA AUGUST 15, 2023 V. PUBLIC HEARINGS — 10:00 A.M. (1) A Public Hearing To Consider The Proposed Amendment Of The Following: Z23-05 A Zoning Map Amendment — Approximately 7.404 Of Land Consisting 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) 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 VI. *CLOSED MEETING (EXECUTIVE SESSION) — 11:30 A.M. 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 4 AGENDA AUGUST 15, 2023 VI. *CLOSED MEETING (EXECUTIVE SESSION) — 11:30 A.M. — 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 *The Items In Executive Session May Be Discussed And Acted On In Open Session VII. 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 i 5 AGENDA AUGUST 15, 2023 VII. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED **Possible Action May Not Be Discussed In Conjunction With The Information Provided In The Report VIII. UNFINISHED BUSINESS — NONE XI. 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 — None B. Minutes March 30, 2023 Regular Meeting April 11, 2023 Special Meeting (Executive Session) April 11, 2023 Regular Meeting April 25, 2023 Regular Meeting C. Resolutions (1) P.R. No. 23252 — A Resolution Ratifying Change Order No. 1 To The Contract With Lark Group, Inc., (Group B). Removing 436 W. 17th Street, Decreasing The Contract Amount By $4,000.00 To A New Total Of $27,200.00; Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) 6 AGENDA AUGUST 15, 2023 XI. CONSENT AGENDA — CONTINUED (2) P.R. No. 23272 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract With Allco, LLC Of Beaumont, Texas For The El Vista Force Main Rehabilitation, Increasing The Contract Amount By $14,638.00, To A New Contract Total Of $2,314,138.50; Account No. 405-40-000-8516-00-00-000, Project No. WS0007-CON (3) P.R. No. 23274 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract With Siddons-Martin Emergency Group Of Port Arthur And Houston, Texas, For Preventative Maintenance And Repair To Fire Department Fire Apparatus And Other Special Response Vehicles, With A Projected Budgetary Impact Of $410,000.00; Funding Will Be Available In The FY 2024 Fire Department Motor Vehicle Maintenance Account No. 001-19-047- 5319-00-30-000 (4) P.R. No. 23277 — A Resolution Authorizing An Affiliation Agreement Contract With Lamar State College Orange For The Use Of Clinical Facilities During Port Arthur Fire Department (PAFD) Member Emergency Medical Services Training And Education. No Budgetary Impact Exists With The Agreement (5) P.R. No. 23278—A Resolution Authorizing The City Manager To Enter Into A Contract With Farrwest Environmental Supply, LLC Of Schertz, Texas To Lease, Calibrate And Maintain Fire Department Hazardous Materials Monitoring And Detection Equipment And Entry Suits, Through BuyBoard Cooperative Purchase Contract 703-23 In The Annual Amount Of $66,987.61; Funding Available In Account No. 001-19-047-5318-00-30-000 (6) P.R. No. 23279—A Resolution Authorizing The City Manager To Enter Into An Inter-Local Agreement Between Jefferson County, The City Of Beaumont And The City Of Port Arthur For The 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) And Receive Funding In The Amount Of $33,097.00, No Cash Match Requirement i AGENDA AUGUST 15, 2023 XI. CONSENT AGENDA— CONTINUED (7) P.R. No. 23280 — A Resolution Authorizing The City Manager To Accept An In-Kind Donation From Canvus, Inc. In The Form Of Six Pieces Of Outdoor Park Furniture For Improvements On Pleasure Island (8) P.R. No. 23281 — A Resolution Authorizing The City Manager To Execute A Contract With Boss Construction Services, LLC Of Baytown, Texas, For The Drainage Ditch Line Tree Removal And Shredding Along The 19th Street Canal Between Memorial Boulevard And Stilwell Boulevard Location; And Rejecting The Bids Received For The Foster Pump Location For The Amount Not To Exceed $43,700.00. Budgeted Funds Are Available In The Public Works Department's Drainage Division — Drainage Maintenance Account, 001-21-055-5314-00-70-000 (9) P.R. No. 23282—A Resolution Authorizing The City Manager To Enter Into A Contract For Fuel Dispensing With Impac Fleet Of The Woodlands, Texas Through Choice Partners Cooperative Purchasing Contract No. 22/056SG-02 With A Projected Budgetary Impact Of $1,800,000.00; Funds Will Be Available In All Departments Fuel And Lubrication Accounts (10) P.R. No. 23283 — A Resolution Authorizing A Memorandum Of Understanding Between The City Of Port Arthur And The Garth House Mickey Mehaffy Children's Advocacy Program, Inc. (11) P.R. No. 23289 — A Resolution Authorizing The 6th Amendment To The Contract Between The City Of Port Arthur And The Department Of Health And Human Services Primary Health Care Program, For The Amount Not To Exceed $275,725.00 Of Which $68,530.00 Is Allocated Toward The Contract Period September 1, 2023, Through August 31, 2024. No Cash Match Required (12) P.R. No. 23290 — A Resolution Authorizing The City Manager To Execute Settlement Of A Property Damage Claim In The Amount Of $12,503.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Solid Waste Unit #2507 8 AGENDA AUGUST 15, 2023 XI. CONSENT AGENDA— CONTINUED (13) P.R. No. 23291 — A Resolution Authorizing The City Manager To Execute Settlement Of A Property Damage Claim In The Amount Of $6,515.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Transit Unit #1965 (14) P.R. No. 23292 — A Resolution Authorizing The City Manager To Execute Settlement Of A Property Damage Claim In The Amount Of $6,130.39 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Fire Emergency Unit #137 (15) P.R. No. 23293 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $6,366.55 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Landfill Unit #2167 X. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23256 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract With Allco, LLC Of Beaumont, Texas For The Sanitary Sewer System 9th Avenue Extension Project, Decreasing The Contract Amount By $15,310.00, To A New Contract Total Of $793,066.25 And Accept The Engineer's Certificate Of Completion, Contractor's Affidavit, Certificate Of Guarantee And Certificate And Release, And Authorizing The City Manager To Execute The Certificate Of Acceptance And Pay The Retainage Invoice; Account No. 307-21-049-8512-00-10-000, Project No. B00006-CON (2) P.R. No. 23259 — A Resolution Authorizing The Official Adoption Of A Memorandum Of Understanding By And Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur Governing The Partnership Between The PAEDC And The College's Industrial Training Facility 9 AGENDA AUGUST 15, 2023 X. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.R. No. 23285 — A Resolution Nominating A Member And/Or Members To The Board Of Directors Of The Orange County Appraisal District For The 2024 — 2025 Term (4) P.R. No. 23296 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Mayor Pro Tern Hamilton) (5) P.R. No. 23297 —A Resolution Appointing A Member Or Members To The Pleasure Island Advisory Commission (Requested By Mayor Pro Tern Hamilton) (6) P.R. No. 23300 —A Resolution Designating And Establishing The War Of Titans Boxing Showcase Entertainment Area, Designating Titans Boxing Club And Youth Organization As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof B. Ordinances — Non-Consent (1) P.O. No. 7159 —An Ordinance Approving The Appraisal Rolls For The Year 2023 And Receiving Determinations From The Tax Assessors Under Section 26.04 Of The Texas Property Tax Code (2) P.O. No. 7161 — An Ordinance Amending Section 2-75 (a) (2) (b) Of The Code Of Ordinances As It Pertains To Persons Requesting To Give A Presentation Before City Council (Requested By Councilmember Doucet) (3) P.O. No. 7162 — An Ordinance Amending Chapter 110 (Utilities), Article II (Water), Division 3 (Service Charges And Billing), Sections 110-91 (Rate Schedule) And 110-92 (Consumers Outside City Not Having Special Contracts) Of The Code Of Ordinances Of The City Of Port Arthur, As It Pertains To Rates For Residential, Commercial And Industrial Customers, And Providing For Publication XI. WORKSHOP To Discuss The Proposed Fiscal Year 2023 — 2024 Budget 10 AGENDA AUGUST 15, 2023 XII. 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 16, 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 *************************************************** • 11 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.