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HomeMy WebLinkAbout(1) 03/30/2023 REGULAR MEETING REGULAR MEETING — March 30, 2023 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Moses gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Thursday, March 30, 2024 at 10:08 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman Bill Bartie; Mayor Pro Tern Ingrid Holmes; Councilmembers Cal Jones, Thomas Kinlaw, III, Kenneth Marks, Charlotte Moses and Donald Frank Sr.; City Manager Ron Burton; Assistant City Secretary Kelly Moore; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. II. PROCLAMATIONS — None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Gail Pellum Regarding Juneteenth Gail Pellum, 805 E. 13th Street, appeared before the City Council to discuss the above- mentioned topic. (2) Jacqueline Hebert Regarding The City Of Port Arthur Animal Shelter Jacqueline Hebert, 315 S. 14th Street, Nederland, Texas appeared before the City Council to discuss the above-mentioned topic. (3) Kevin Martin Regarding The City Of Port Arthur Animal Shelter Kevin Martin, 620 W. 17th Street, appeared before the City Council to discuss the above- mentioned topic. (4) Michael Gonzalez Regarding The City Of Port Arthur Animal Shelter Michael Gonzales, 3849 Woodrow Drive, appeared before the City Council to discuss the above-mentioned topic. (5) Angela Dodson of Laws 4 Paws Regarding The City Of Port Arthur Animal Shelter, Spay And Neuter Program Angela Dodson, 1711 Avenue K, Nederland, Texas appeared before the City Council to discuss the above-mentioned topic. (6) Artemus Hancock Regarding Sewer And Drainage Artemus Hancock, 3728 Avenue B, appeared before the City Council to discuss the above-mentioned topic. B. Presentations (1) A Presentation By Gary Sullivan And Charles Wheeler Of The U.S. Army Corps Of Engineers (Galveston District) Regarding An Update Of The Port Arthur Project U.S. Army Corps of Engineers Representatives (Galveston District) Gary Sullivan and Charles Wheeler gave the above-mentioned presentation. (2) A Presentation by COO Van Shotwell And CEO Jimmie Wheeler Regarding West Side Revitalization And Development (Requested By Mayor Bartie) COO Van Shotwell and CEO Jimmie Wheeler gave the above-mentioned presentation. C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARING(S) - 9:00 AM -NONE V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) City Manager Ron Burton and Code Enforcement Director Darlene Pierre extended condolences to co-workers, friends and family upon the passing of former City Manager Mr. Brensen who served the City of Port Arthur for more than 30 years. City Manager Ron Burton announced that the city had received $16,900,000.00 from FEMA for storm recovery. Mayor Pro Tem Homes extended condolences to the friends and family of Rosa Season who passed away at the age of 105 years old. Councilmember Jones extended condolences to City Secretary Sherri Bellard, friends and family, upon the passing of her sister, Teri Hensley. Councilmember Frank extended condolences to the friends and family upon the passing Anthony Ray Harrison. VI. UNFINISHED BUSINESS (1) P.R. No. 23007 — A Resolution Authorizing The City Manager To Enter Into A Contract With Preferred Facilities Group - USA, Of Beaumont, Texas For The Repairs To The South Pedestrian Bridge At The Babe Zaharias Golf Course, Through The Choice Partners Purchasing Program, Contract No. 20/017MR-17 With A Projected Budgetary Impact Of $124,020.67. Funding Available In Golf Course Fund Account 103-25-065-8526-00-20-000 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Kinlaw that Proposed Resolution No. 23007 be adopted. Purchasing Director Clifton Williams appeared before the City Council to answer inquiries regarding the above-mentioned topic. Harold Doucet, 5180 Cambridge Street, appeared before the City Council to discuss the above-mentioned proposed contract. City Council Minutes Regular Meeting — March 30, 2023 2 Voting Yes: Mayor Bartie; Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. Proposed Resolution No. 23007 was adopted becoming Resolution No. 23-119. The caption of Resolution No. 23-119 reads as follows: RESOLUTION NO. 23-119 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PREFERRED FACILITIES GROUP - USA, OF BEAUMONT, TEXAS FOR THE REPAIRS TO THE SOUTH PEDESTRIAN BRIDGE AT THE BABE ZAHARIAS GOLF COURSE, THROUGH THE CHOICE PARTNERS PURCHASING PROGRAM, CONTRACT NO. 20/017MR-17 WITH A PROJECTED BUDGETARY IMPACT OF $124,020.67. FUNDING AVAILABLE IN GOLF COURSE FUND ACCOUNT 103-25-065-8526-00- 20-000 VII. CONSENT AGENDA Upon the motion of Councilmember Kinlaw, seconded by Councilmember Jones and carried, the following Consent Agenda items were adopted with the exception of Item A3 and Proposed Resolutions No. 23052, 23053, 23067 and 23069: Voting Yes: Mayor Bartle; Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. A. Travel Expense Reports (A1) Municipal Court Judge Antoine Freeman: Golden Triangle Days Austin, TX February 27 — March 1, 2023 $1,735.77 (A2) City Attorney Val Tizeno: Golden Triangle Days Austin, TX February 27 — March 1, 2023 $1,323.27 B. Minutes — None C. Resolutions (1) P.R. No. 22894 — A Resolution Authorizing The City Manager To Reject The Request For Proposals For Printing Of Water Bills For The Water Utilities Department Proposed Resolution No. 22894 was adopted becoming Resolution No. 23-120. (2) P.R. No. 22960 — A Resolution Authorizing The City Manager To Execute A Contract With Arceneaux Wilson & Cole, LLC City Council Minutes Regular Meeting — March 30, 2023 3 Of Port Arthur, Texas For Data Collection, Detailed Design, And Construction Phase Services For Underground Utilities And Communication System Infrastructure (Fiber Optic Infrastructure) In The City's Designated Downtown Business District In The Not To Exceed Amount Of $489,869.00. Funding Is Available In Capital Account 305- 21-000-8525-00-00-000; Project No. DT0003 ENG Proposed Resolution No. 22960 was adopted becoming Resolution No. 23-121. (3) P.R. No. 22985 — A Resolution Authorizing The City Manager To Enter Into An Advance Funding Agreement (AFA) With The Texas Department Of Transportation (TxDOT) For Traffic Signal Improvements At Various Intersections Within The City Under The Highway Safety Improvement Program. The Amount Of Funding Scheduled From TxDOT For This Project Is $1,095,916.00 With A City Match Of $66,510.00 And Is Available In The Capital Project Account Number 307-21-049-8522-00-10-000, Project Number CE0002-OTH Proposed Resolution No. 22985 was adopted becoming Resolution No. 23-122. (4) P.R. No. 23016 — A Resolution Designating And Establishing The Lakeshore Lodge Easter Egg Hunt And Toy Giveaway, Designating Lakeshore Lodge #256 F&AM As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof Proposed Resolution No. 23016 was adopted becoming Resolution No. 23-123. (5) P.R. No. 23035 — A Resolution Authorizing The City Of Port Arthur To Accept The Fiscal Year 2023 Texas Department Of Transportation "Click It Or Ticket" Program Allocation In The Amount Of $3,500.00 (No Match Required) Proposed Resolution No. 23035 was adopted becoming Resolution No. 23-124. (6) P.R. No. 23037 — A Resolution Approving A Pre-Employment Workforce Training Agreement Between The Port Arthur Economic Development Corporation And Lamar State College Port Arthur For The Training Of Port Arthur Residents As Class A & B Commercial Drivers In An Amount Not To Exceed $120,000.00; Funds Available In EDC Acct.#: 120-80-625-5475-00-00-000 Proposed Resolution No. 23037 was adopted becoming Resolution No. 23-125. (7) P.R. No. 23038 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Amend The Number Of Students To Utilize Pre-Employment Workforce Training Funds In Order To Pay A Higher Wage To Implement A 2023 Youth Employment Program In An Amount Not To Exceed $83,200.00; Funds Available In EDC Account No. 120-80-625-5115-00-00-000 Proposed Resolution No. 23038 was adopted becoming Resolution No. 23-126. City Council Minutes Regular Meeting — March 30, 2023 4 (8) P.R. No. 23040 — A Resolution Approving The Contract Between The City Of Port Arthur And The Department Of State Health Services To Support Hiring, Retaining, And Training The Public Health Workforce, And To Strengthen Public Health Infrastructure. The Total Amount Of This Grant Will Not Exceed $500,727.00. It Will Be Effective On Signature And Terminates November 30, 2027. No Cash Match Is Required Proposed Resolution No. 23040 was adopted becoming Resolution No. 23-127. (9) P.R. No. 23041 — A Resolution Approving The Contract Between The City Of Port Arthur And The Department Of State Health Services In The Amount Of $35,787.00 With A 20% Cash City Match Of $7,157.00 For A Combined Total Not To Exceed $42,923.00. This Is Contingent On The $7,157.00 Being Budgeted And Approved In The City's General Fund For FY 2023. The Contract Period Is From September 1, 2023, Through August 31, 2024 Proposed Resolution No. 23041 was adopted becoming Resolution No. 23-128. (10) P.R. No. 23042 — A Resolution Authorizing The City Manager To Renew The Contract With Diamond Shine Building Service Of Buna, Texas For Janitorial Services For The Health Department In The Not To Exceed Amount Of $68,472.00. Funds Budgeted In The Health Department Other Contractual Account 001-23-061-5470-50-000 Proposed Resolution No. 23042 was adopted becoming Resolution No. 23-129. (11) P.R. No. 23043 — A Resolution Authorizing The City Manager To Accept Grants, Contributions Of Goods Services, And Money From Industry, Commercial Sponsors And Community Groups For The City Of Port Arthur's Earth Day City-Wide Clean-Up On April 22, 2023 Proposed Resolution No. 23043 was adopted becoming Resolution No. 23-130. (12) P.R. No. 23044 — A Resolution Authorizing The City Manager To Accept A Donation Of A Fuel Tank For The Storage Of Diesel Fuel On Pleasure Island From Sabine Pass Port Authority Proposed Resolution No. 23044 was adopted becoming Resolution No. 23-131. (13) P.R. No. 23045 — A Resolution Authorizing The City Manager To Execute A Contract With Arceneaux, Wilson & Cole, LLC Of Port Arthur, Texas For Engineering Design And Construction Management Services For Pleasure Island Marina Rehabilitation In The Total Amount Not To Exceed $39,915.00; Funding Available In Account Number 307-60- 000-8525-00-10-000 Project Number. PI0001 Proposed Resolution No. 23045 was adopted becoming Resolution No. 23-132. (14) P.R. No. 23046 — A Resolution Authorizing The City Manager To Enter Into An Agreement With The Labiche Architectural Group, Inc. Of Beaumont, Texas For The Development Of City Council Minutes Regular Meeting — March 30, 2023 5 Professional Plans For Repairs To Rosehill Manor And Submission To The Texas Historical Commission, As Well As Working With The Texas Historical Commission For Approval, In The Amount Of $46,980.00 Plus Reimbursables Not To Exceed $1,000.00. Funds Available In Project String B00014, Account 307-21-049-8512-00-10-000 Proposed Resolution No. 23046 was adopted becoming Resolution No. 23-133. (15) P.R. No. 23047 — A Resolution Authorizing The City Manager Of The City Of Port Arthur To Execute A License Renewal With The Department Of The Army For The Use And Maintenance Of Pleasure Islet Road On U. S. Government Property. There Is No Budgetary Impact Proposed Resolution No. 23047 was adopted becoming Resolution No. 23-134. (16) P.R. No. 23051 — A Resolution Authorizing Payment Of An Invoice From Southeast Texas Regional Planning Commission For Membership Dues In The Amount Of $29,284.40 For The Fiscal Year Ending September 30, 2023. City Manager Contingency Account #001-01-005-5470-00- 10-000, Project # MA0022 Proposed Resolution No. 23051 was adopted becoming Resolution No. 23-135. (19) P.R. No. 23054 — A Resolution Authorizing The City Manager To Renew Insurance Policies For Various Locations With Wright National Flood Insurance Company For Flood Insurance In The Amount Of $76,500.00. Proposed Funding By: 612-11-025-5410-00-00-000- $76,500.00 Liability Insurance Fund Proposed Resolution No. 23054 was adopted becoming Resolution No. 23-136. (20) P.R. No. 23055 — A Resolution Approving Settlement Of Wind Damage Claims In The Amount Of $227,131.99 Made Against Certain Underwriters At Lloyd's Of London Insurance Company (Through Agent USI Southwest Inc., El Paso) Due To Hurricane Laura (August 27, 2020) To Various City Properties Proposed Resolution No. 23055 was adopted becoming Resolution No. 23-137. (21) P.R. No. 23056 — A Resolution Approving Settlement Of Wind Damage Claims In The Amount Of $161,387.06 Made Against Certain Underwriters At Landmark American Insurance Company (Through Agent USI Southwest Inc., El Paso) Due To Hurricane Laura (August 26, 2020) To Various City Properties Proposed Resolution No. 23056 was adopted becoming Resolution No. 23-138. (22) P.R. No. 23057 — A Resolution Approving Settlement Of Wind Damage Claims In The Amount Of $92,360.23 Made Against Certain Underwriters At Landmark American Insurance Company (Through Agent USI Southwest Inc., El Paso) Due To Hurricane Delta (October 9, 2020) To Various City Properties City Council Minutes Regular Meeting — March 30, 2023 6 Proposed Resolution No. 23057 was adopted becoming Resolution No. 23-139. (23) P.R. No. 23058 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract With Global Drilling, Inc. Of Winnie, Texas For The Sabine Pass Pipebursting Project No. 2, Increasing The Contract Amount By $17,000.00 To A New Total Contract Amount Of $622,693.90 And A Time Extension Of 23 Days To A New Contract End Date Of March 31, 2023; Funding Is Available In Account No. 405-40-000-8516-00-00-000, Project No. WS-0006-CON Proposed Resolution No. 23058 was adopted becoming Resolution No. 23-140. (24) P.R. No. 23060 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract With Carter & Co, Of Beaumont, Texas For The Water Utilities Flooring Replacement, Increasing The Contract Amount By $9,585.55, To A New Total Contract Amount Not To Exceed $68,701.79 And A Time Extension Of 45 Days To A New Contract End Date Of April 28, 2023: Account No. 410-40- 200-5312-00-00-000, Building Maintenance Proposed Resolution No. 23060 was adopted becoming Resolution No. 23-141. (25) P.R. No. 23063 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 Between The City Of Port Arthur And AlIco, LLC Of Beaumont, Texas For The Removal Of Trees/Tree Stumps On The 2022-2023 Street Rehabilitation Project-District 1 For The Amount Of $32,325.00. Funds Are Available In The Street Capital Fund Account No. 307-21-053-8517-00-10-000 Proposed Resolution No. 23063 was adopted becoming Resolution No. 23-142. (26) P.R. No. 23066 — A Resolution Authorizing The Mayor And City Manager To Sign A Letter Of Support For LG Chem Ohio Petrochemical, Inc. Application To The Office Of The Governor Economic Development Tourism Division For Participation In The Economic Development & Diversification In-State Tuition For Employees Program Proposed Resolution No. 23066 was adopted becoming Resolution No. 23-143. (29) P.R. No. 23070 — A Resolution Authorizing The City Manager To Enter Into A Contract With Preferred Facilities Group- USA, LLC Of Beaumont, Texas Through BuyBoard Cooperative Purchasing Program (Contract No. 581-19) For The Mold Assessment And Interior Repairs Of The Interior Of Station #6 In The Not To Exceed Amount Of $20,618.45; Funding Available In Fire Department Building Maintenance Account No. 001-19-047-5312-00-30-000 Proposed Resolution No. 23070 was adopted becoming Resolution No. 23-144. (30) P.R. No. 23071 — A Resolution Authorizing The Right Of Use By Community Development Properties, Port Arthur, Inc. City Council Minutes Regular Meeting — March 30, 2023 7 For The Use Of A Portion Of The Unimproved Right-Of-Way Between Mobile Avenue And Atlanta Avenue Proposed Resolution No. 23071 was adopted becoming Resolution No. 23-145. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent — Item A. Travel Request Pre-Travel Estimate (A3) Mayor Thurman Bartie: Texas Legislative Black Caucus Austin, TX April 2 — April 4, 2023 $932.90 The Mayor introduced the above-mentioned Proposed Item. The motion was made by Councilmember Marks and seconded by Councilmember Moses that Proposed Item (A3) be adopted. Harold Doucet, 5180 Cambridge Street, appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartie; Mayor Pro Tem Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. Proposed Item (A3) was adopted. Consent - Resolutions (17) P.R. No. 23052 — A Resolution Approving The 2023 Community Development Block Grant (CDBG) Funding Allocation In The Total Amount Of $1,042,808.00 For The City Of Port Arthur The Mayor introduced the above-mentioned Proposed Resolution. Mayor Pro Tern Holmes filed a Conflict-of-Interest Affidavit with the City Secretary and did not participate in discussion or action regarding the above-mentioned item. Upon the motion of Councilmember Frank, seconded by Councilmember Jones and carried, Proposed Resolution No. 23052 was adopted becoming Resolution No. 23-146. Voting Yes: Mayor Bartle; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Resolution No. 23-146 reads as follows: RESOLUTION NO. 23-146 A RESOLUTION APPROVING THE 2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ALLOCATION IN THE TOTAL AMOUNT OF $1,042,808.00 FOR THE CITY OF PORT ARTHUR City Council Minutes Regular Meeting — March 30, 2023 8 (18) P.R. No. 23053 — A Resolution Authorizing The City Manager To Purchase One (1) 2023 Peterbilt La brie 520 ASL Garbage Truck For The Solid Waste - Garbage Division From Rush Truck Center Of New Braunfels, Texas, Through The BuyBoard Cooperative Purchasing Program For The Amount Of $390,250.00. Funding Is Available Through The Capital Improvement Fund Account, Account Number 307-50-000- 8522-00-10-000 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Holmes and seconded by Councilmember Jones that Proposed Resolution No. 23053 be adopted. Public Works Director Flozelle Roberts appeared before the City Council to answer inquiries regarding the above-mentioned topic. Joan Jones, 640 10th Street, appeared before the City Council to discuss the above- mentioned topic. Voting Yes: Mayor Bartle; Mayor Pro Tem Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. Proposed Resolution No. 23053 was adopted becoming Resolution No. 23-147. The caption of Resolution No. 23-147 reads as follows: RESOLUTION NO. 23-147 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE ONE (1) 2023 PETERBILT LABRIE 520 ASL GARBAGE TRUCK FOR THE SOLID WASTE - GARBAGE DIVISION FROM RUSH TRUCK CENTER OF NEW BRAUNFELS, TEXAS, THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM FOR THE AMOUNT OF $390,250.00. FUNDING IS AVAILABLE THROUGH THE CAPITAL IMPROVEMENT FUND ACCOUNT, ACCOUNT NUMBER 307-50-000-8522-00-10-000 (27) P.R. No. 23067 — A Resolution Authorizing The City Manager To Enter Into A Contract With Environmental Improvements, Inc. Of Houston, Texas For The Purchase And Installation Of Replacement Chlorine Trunnions/Scales For The Port Acres Wastewater Treatment Plant, In The Total Amount Not To Exceed $27,844.52; Funding Is Available In Water Utilities Department, Water Purification Division Account No. 410-40-210-5312-00-000, Building Maintenance The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Holmes and seconded by Councilmember Jones that Proposed Resolution No. 23067 be adopted. City Council Minutes Regular Meeting — March 30, 2023 9 Upon the motion of Councilmember Kinlaw, seconded by Councilmember Marks that Proposed Resolution No. 23067 was removed from the agenda. Voting Yes: Mayor Bartie; Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. (28) P.R. No. 23069 — A Resolution Of The City Of Port Arthur, Texas, Designating A Primary Bank Depository And Authorizing The City Manager To Sign And Execute A Bank Depository Services Agreement With PNC Bank, National Association And To Authorize The Director Of Finance And City Secretary To Execute All Documents Necessary To Implement The Contract To Be Effective April 1, 2023. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Resolution No. 23069 was adopted becoming Resolution No. 23-148. Voting Yes: Mayor Bartie; Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Resolution No. 23-148 reads as follows: RESOLUTION NO. 23-148 A RESOLUTION OF THE CITY OF PORT ARTHUR, TEXAS, DESIGNATING A PRIMARY BANK DEPOSITORY AND AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A BANK DEPOSITORY SERVICES AGREEMENT WITH PNC BANK, NATIONAL ASSOCIATION AND TO AUTHORIZE THE DIRECTOR OF FINANCE AND CITY SECRETARY TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE CONTRACT TO BE EFFECTIVE APRIL 1, 2023 A. Resolutions (1) P.R. No. 23031 — A Resolution Amending Resolution 21-542 Allocating $3,000,000.00 For Engineering, Design, And Construction Of Infrastructure Improvements Along Woodworth Boulevard Between SH 87 (Gulfway Drive) And Lakeshore Drive, Increasing The Allocation By $4,200,000.00 Establishing A Revised Budget Amount Of $7,200,000.00. Funding For The Project Is Available In The FY 2022 Capital Improvement Budget, Account Number 307-21-053-8517-00-10-000 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Marks and seconded by Councilmember Moses that Proposed Resolution No. 23031 be adopted. City Council Minutes Regular Meeting — March 30, 2023 10 Harold Doucet, 5180 Cambridge Street, appeared before the City Council to discuss the above-mentioned topic. Voting Yes: Mayor Bartie; Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. Proposed Resolution No. 23031 was adopted becoming Resolution No. 23-149. The caption of Resolution No. 23-149 reads as follows: RESOLUTION NO. 23-149 A RESOLUTION AMENDING RESOLUTION 21- 542 ALLOCATING $3,000,000.00 FOR ENGINEERING, DESIGN, AND CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS ALONG WOODWORTH BOULEVARD BETWEEN SH 87 (GULFWAY DRIVE) AND LAKESHORE DRIVE, INCREASING THE ALLOCATION BY $4,200,000.00 ESTABLISHING A REVISED BUDGET AMOUNT OF $7,200,000.00. FUNDING FOR THE PROJECT IS AVAILABLE IN THE FY 2022 CAPITAL IMPROVEMENT BUDGET, ACCOUNT NUMBER 307-21-053-8517-00-10- 000 (2) P.R. No. 23075 — A Resolution Authorizing The Pre- Qualification Of Five (5) Real Estate Brokerage Firms For The Purpose Of Providing Professional Real Estate Brokerage Services In Accordance With §253.014 Of The Texas Local Government Code The Mayor introduced the above-mentioned Proposed Resolution. Councilmember Moses filed a Conflict-of-Interest Affidavit with the City Secretary and did not participate in discussion or action regarding Proposed Resolution NO. 23075. The motion was made by Councilmember Frank and seconded by Mayor Pro Tern Holmes that Proposed Resolution No. 23075 be adopted. Voting Yes: Mayor Bartie; Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks and Frank. Voting No: None. Proposed Resolution No. 23075 was adopted becoming Resolution No. 23-150. The caption of Resolution No. 23-150 reads as follows: RESOLUTION NO. 23-150 A RESOLUTION AUTHORIZING THE PRE- QUALIFICATION OF FIVE (5) REAL ESTATE BROKERAGE FIRMS FOR THE PURPOSE OF PROVIDING PROFESSIONAL REAL ESTATE BROKERAGE SERVICES IN ACCORDANCE WITH City Council Minutes Regular Meeting — March 30, 2023 11 §253.014 OF THE TEXAS LOCAL GOVERNMENT CODE (3) P.R. No. 23078 — A Resolution Appointing And/Or Reappointing A Member Or Member(s) To The City Of Port Arthur Animal Advisory Board The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tern Holmes and seconded by Councilmember Kinlaw that Proposed Resolution No. 23078 be adopted. The following city staff were nominated for appointment to the Port Arthur Animal Advisory Board. Voting Yes: Mayor Bartle; Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. Proposed Resolution No. 23028 was adopted, with the above-mentioned names included, becoming Resolution No. 23-151. The caption of Resolution No. 23-151 reads as follows: RESOLUTION NO. 23-151 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBER(S) TO THE CITY OF PORT ARTHUR ANIMAL ADVISORY BOARD (4) P.R. No. 23080 — A Resolution Appointing Member(s) To The Zoning Board Of Adjustment To Fill An Unexpired Term Ending On October 26, 2023 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Resolution No. 23080 was adopted becoming Resolution No. 23-152. Voting Yes: Mayor Bartie; Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Resolution No. 22-152 reads as follows: RESOLUTION NO. 23-152 A RESOLUTION APPOINTING MEMBER(S) TO THE ZONING BOARD OF ADJUSTMENT TO FILL AN UNEXPIRED TERM ENDING ON OCTOBER 26, 2023 A. Ordinances (1) P.O. No. 7121 — An Ordinance Amending Article III (Recreational Vehicle Parks, Chapter 58, (Manufactured City Council Minutes Regular Meeting — March 30, 2023 12 Homes, Mobile Homes, Recreational Vehicle Parks), Section 128 Of The City Of Port Arthur Code Ordinances; Violation Of This Ordinance Is Punishable As Provided In Section 1-8 Of The Code Of Ordinances By A Fine Not To Exceed Two Thousand ($2,000) Dollars; And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And An Effective Date The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Mayor Pro Tern Holmes, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 7121 was adopted becoming Ordinance No. 23-10. Voting Yes: Mayor Bartie; Mayor Pro Tem Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Ordinance No. 23-10 reads as follows: ORDINANCE NO. 23-10 AN ORDINANCE AMENDING ARTICLE III (RECREATIONAL VEHICLE PARKS, CHAPTER 58, (MANUFACTURED HOMES, MOBILE HOMES, RECREATIONAL VEHICLE PARKS), SECTION 128 OF THE CITY OF PORT ARTHUR CODE ORDINANCES; VIOLATION OF THIS ORDINANCE IS PUNISHABLE AS PROVIDED IN SECTION 1-8 OF THE CODE OF ORDINANCES BY A FINE NOT TO EXCEED TWO THOUSAND ($2,000) DOLLARS; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND AN EFFECTIVE DATE Mayor Bartie left the meeting and Mayor Pro Tem Holmes chaired the meeting. (2) P.O. No. 7126 — An Ordinance Of The City Council Of Port Arthur Confirming The Creation Of The Pleasure Island Department Pursuant To Article XVIII Of The Charter Of The City Of Port Arthur And Amending Chapter 14, Article XX Of The Code Of Ordinances As It Pertains To The Pleasure Island Commission The Mayor Pro Tem introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Marks and seconded by Councilmember Moses that Proposed Ordinance No. 7126 be adopted. Upon the motion of Councilmember Marks, seconded by Councilmember Moses and carried, Proposed Ordinance No. 7126 was held until after Executive Session. Voting Yes: Mayor Pro Tem Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. City Council Minutes Regular Meeting — March 30, 2023 13 (3) P.O. No. 7128 — An Ordinance Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $68,384.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Wastewater Conveyance Vehicle #2319 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 7128 was adopted becoming Ordinance No. 23-11. Voting Yes: Mayor Bartie; Mayor Pro Tem Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Ordinance No. 22-11 reads as follows: ORDINANCE NO. 22-11 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT OF A PHYSICAL DAMAGE CLAIM IN THE AMOUNT OF $68,384.00 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TMLIRP) AS A RESULT OF PROPERTY DAMAGE TO WASTEWATER CONVEYANCE VEHICLE #2319 (4) P.O. No. 7129 — An Ordinance Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $19,375.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Police Vehicle #2057 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Ordinance No. 7129 was adopted becoming Ordinance No. 23-12. Voting Yes: Mayor Bartie; Mayor Pro Tem Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Ordinance No. 23-12 reads as follows: ORDINANCE NO. 23-12 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT OF A PHYSICAL DAMAGE CLAIM IN THE AMOUNT OF $19,375.00 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TMLIRP) AS A RESULT OF PROPERTY DAMAGE TO POLICE VEHICLE #2057 City Council Minutes Regular Meeting — March 30, 2023 14 (5) P.O. No. 7135 — An Ordinance Authorizing A Special Warranty Deed For The Conveyance Of Vacant Land To A Low And Moderate-Income Resident Of Port Arthur Who Is Participating In The Harvey Disaster Recovery Program Through The Texas Government Land Office And The AECOM Disaster Recovery Program The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Marks, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 7135 was adopted becoming Ordinance No. 23-13. Voting Yes: Mayor Bartie; Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Ordinance No. 23-13 reads as follows: ORDINANCE NO. 23-13 AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED FOR THE CONVEYANCE OF VACANT LAND TO A LOW AND MODERATE- INCOME RESIDENT OF PORT ARTHUR WHO IS PARTICIPATING IN THE HARVEY DISASTER RECOVERY PROGRAM THROUGH THE TEXAS GOVERNMENT LAND OFFICE AND THE AECOM DISASTER RECOVERY PROGRAM (6) P.O. No. 7136 — An Ordinance Of The City Of Port Arthur, Texas Suspending The Rates Proposed By Centerpoint Energy Resources Corp., D/B/A Centerpoint Energy Entex And Centerpoint Energy Texas Gas ("Centerpoint" Or "Company") Company's Gas Reliability Infrastructure Program ("GRIP") Filing Made With The City On March 2, 2023; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Jones and carried, Proposed Ordinance No. 7136 was adopted becoming Ordinance No. 23-14. Voting Yes: Mayor Bartle; Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Ordinance No. 23-14 reads as follows: ORDINANCE NO. 23-14 AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS SUSPENDING THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY City Council Minutes Regular Meeting — March 30, 2023 15 TEXAS GAS ("CENTERPOINT" OR "COMPANY") COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") FILING MADE WITH THE CITY ON MARCH 2, 2023; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE (7) P.O. No. 7137 — An Ordinance Authorizing The Sale Of Surplus Furniture And Minor Equipment Through Rene Bates Auctioneers, Inc. And Technology Equipment Through Global Asset LLC The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Ordinance No. 7137 was adopted becoming Ordinance No. 23-15. Voting Yes: Mayor Bartle; Mayor Pro Tem Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Ordinance No. 23-15 reads as follows: ORDINANCE NO. 23-15 AN ORDINANCE AUTHORIZING THE SALE OF SURPLUS FURNITURE AND MINOR EQUIPMENT THROUGH RENE BATES AUCTIONEERS, INC. AND TECHNOLOGY EQUIPMENT THROUGH GLOBAL ASSET LLC (8) P.O. No. 7138 — An Ordinance Amending Ordinance No. 23- 03 For The Purpose Of Cancelling The Conduct Of A Joint Election With The Sabine Pass Independent School District; Providing For The Conduct Of The General Election On May 6, 2023 For The Purpose Of Electing Six (6) Councilmembers, In The City Of Port Arthur, Texas; And Providing For A Joint Election With The Port Arthur Independent School District; And The Sabine Pass Port Authority In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice SPANISH UNA ORDENANZA QUE MODIFICA LA ORDENANZA NUM. 23- 03 CON EL FIN DE CANCELAR LA REALIZACION DE UNA ELECCION CONJUNTA CON EL DISTRITO ESCOLAR INDEPENDIENTE DE SABINE PASS; ESTABLECIENDO LA REALIZACION DE LAS ELECCIONES GENERALES EL 6 DE MAYO DE 2023 CON EL FIN DE ELEGIR A SEIS (6) CONSEJEROS, EN LA CIUDAD DE PORT ARTHUR, TEXAS; Y PROPORCIONAR UNA ELECCION CONJUNTA CON EL DISTRITO ESCOLAR INDEPENDIENTE DE PORT ARTHUR; Y LA AUTORIDAD DEL PUERTO DE SABINE PASS DE City Council Minutes IRegular Meeting — March 30, 2023 16 CONFORMIDAD CON EL CAPITULO 271 DEL CODIGO ELECTORAL DE TEXAS, Y DISPONE DE LA PUBLICACION DEL AVISO DE ELECCION The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Marks, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 7138 was adopted becoming Ordinance No. 23-16. Voting Yes: Mayor Bartie; Mayor Pro Tem Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Ordinance No. 23-16 reads as follows: ORDINANCE NO. 23-16 AN ORDINANCE AMENDING ORDINANCE NO. 23-03 FOR THE PURPOSE OF CANCELLING THE CONDUCT OF A JOINT ELECTION WITH THE SABINE PASS INDEPENDENT SCHOOL DISTRICT; PROVIDING FOR THE CONDUCT OF THE GENERAL ELECTION ON MAY 6, 2023 FOR THE PURPOSE OF ELECTING SIX (6) COUNCILMEMBERS, IN THE CITY OF PORT ARTHUR, TEXAS; AND PROVIDING FOR A JOINT ELECTION WITH THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT; AND THE SABINE PASS PORT AUTHORITY IN ACCORDANCE WITH CHAPTER 271 OF THE TEXAS ELECTION CODE, AND PROVIDING FOR THE PUBLICATION OF THE ELECTION NOTICE SPANISH UNA ORDENANZA QUE MODIFICA LA ORDENANZA NUM. 23-03 CON EL FIN DE CANCELAR LA REALIZACION DE UNA ELECCION CONJUNTA CON EL DISTRITO ESCOLAR INDEPENDIENTE DE SABINE PASS; ESTABLECIENDO LA REALIZACION DE LAS ELECCIONES GENERALES EL 6 DE MAYO DE 2023 CON EL FIN DE ELEGIR A SEIS (6) CONSEJEROS, EN LA CIUDAD DE PORT ARTHUR, TEXAS; Y PROPORCIONAR UNA ELECCION CONJUNTA CON EL DISTRITO ESCOLAR INDEPENDIENTE DE PORT ARTHUR; Y LA AUTORIDAD DEL PUERTO DE SABINE PASS DE CONFORMIDAD CON EL CAPITULO 271 DEL CODIGO ELECTORAL DE TEXAS, Y DISPONE DE LA PUBLICACION DEL AVISO DE ELECCION IX. *CLOSED MEETING (EXECUTIVE MEETING) Closed Meeting: (1) Section 551.071 Government Code — To Discuss And City Council Minutes Regular Meeting — March 30, 2023 17 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 City Council recessed their meeting at 1:16 p.m. to meet in Executive Session to consider the above-mentioned topics and reconvened their meeting at 2:55 p.m. with the following members present: Mayor Bartle; Mayor Pro Tern Homes; Councilmembers Kinlaw, Marks and Moses; City Manager Burton; Assistant City Secretary Moore; City Attorney Tizeno and Sergeant At Arms Chief Duriso. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Ordinances (2) P.O. No. 7126 — An Ordinance Of The City Council Of Port Arthur Confirming The Creation Of The Pleasure Island Department Pursuant To Article XVIII Of The Charter Of The City Of Port Arthur And Amending Chapter 14, Article XX Of The Code Of Ordinances As It Pertains To The Pleasure Island Commission The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Moses and carried, Proposed Ordinance No. 7126 was adopted becoming Ordinance No. 23-17. Voting Yes: Mayor Bartle; Mayor Pro Tern Holmes; Councilmembers Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 23-17 reads as follows: ORDINANCE NO. 23-17 AN ORDINANCE OF THE CITY COUNCIL OF PORT ARTHUR CONFIRMING THE CREATION OF THE PLEASURE ISLAND DEPARTMENT PURSUANT TO ARTICLE XVIII OF THE CHARTER OF THE CITY OF PORT ARTHUR AND AMENDING CHAPTER 14, ARTICLE XX OF THE CODE OF ORDINANCES AS IT PERTAINS TO THE PLEASURE ISLAND COMMISSION X. ADJOURNMENT OF MEETING Upon the motion by Councilmember Moses, seconded by Councilmember Kinlaw and carried unanimously, the City Council adjourned their meeting at 2:57 p.m. An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. City Council Minutes Regular Meeting — March 30, 2023 18 MAYOR THURMAN "BILL" BARTIE ATTEST: ASSISTANT CITY SECRETARY KELLY MOORE END OF REGULAR MEETING HELD March 30, 2023. APPROVED: City Council Minutes Regular Meeting — March 30, 2023 19