Loading...
HomeMy WebLinkAboutSEPTEMBER 12, 2023 REGULAR MEETING 9:30 AM THURMAN BILL BARTIE,MAYOR RON BURTON TIFFANY HAMILTON,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS,JR. CITY SECRETARY DONEANE BECKCOM o r t r t h u r HAROLD L.DOUCET,SR. TexasVAL TIZENO THOMAS J.KINLAW,III CITY ATTORNEY DONALD FRANK,SR. AG EN DA City Council Regular Meeting Tuesday, September 12, 2023 9:30 A.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, September 12, 2023 At 9:30 A.M. CT, 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: 822 9672 6242 And Passcode: 386929 (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 September 12, 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) Executive Director Tammy Kotzur Of The Port Arthur Convention And Visitors Bureau Regarding The Cajun Capital Party B. Presentations (1) A Presentation By Staff Regarding Street Completion By Districts And Future Street Projects (Requested By Councilmember Kinlaw) C. Employee Recognition — None AGENDA SEPTEMBER 12, 2023 III. PETITIONS & COMMUNICATIONS — CONTINUED D. Correspondence (1) Communication Regarding The Appointment Of Floyd Batiste To The Economic Development Corporation Board (Requested By Councilmember Lewis) E. Discussions (1) A Discussion Regarding The City Turning Off Water Without Notifying Citizens (Requested By Councilmember Doucet) (2) A Discussion Regarding Discounting Water And Sewage Bill To Senior Citizens By 7 Percent (Requested By Councilmember Lewis) 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: Apex Towing & Recovery Ryan Kuckenbecker, Owner/Operator 6810 Gulfway Drive Port Arthur, TX 77642 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; 2 AGENDA SEPTEMBER 12, 2023 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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. 3 AGENDA SEPTEMBER 12, 2023 VII. CONSENT AGENDA — CONTINUED A. Travel Expense Reports (A1) Mayor Pro Tern Tiffany Hamilton: Newly Elected Officials Orientation Round Rock, TX July 19-21, 2023 $999.91 Request For Pre-Approval Of Travel Pursuant To 78-269 (b)(8) Of The Code Of Ordinances (ORD 18-63) (A2) Mayor Pro Tern Tiffany Hamilton: International Economic Development Council Annual Conference (IEDC) Dallas, TX September 17-20, 2023 $3,078.99 (A3) Mayor Thurman Bartle: Texas Economic Development Council Annual Conference (TEDC) Houston, TX October 11-13, 2023 $1,725.28 (A4) Councilmember Willie Lewis: Texas Economic Development Council Annual Conference (TEDC) Houston, TX October 11-13, 2023 $1,725.28 (A5) Councilmember Thomas Kinlaw: Texas Economic Development Council Annual Conference (TEDC) Houston, TX October 11-13, 2023 $1,725.28 (A6) Councilmember Donald Frank: Texas Economic Development Council Annual Conference (TEDC) Houston, TX October 11-13, 2023 $1,725.28 4 AGENDA SEPTEMBER 12, 2023 VII. CONSENT AGENDA — CONTINUED B. Minutes — None C. Resolutions (1) P.R. No. 23234 — A Resolution Authorizing The City Manager To Purchase The WIC Division Furniture For The New Health Department From Gonzalez Office Products Of Raleigh, North Carolina, Through Omnia Partners Contract No. R-190302 In The Amount Of $64,755.39. Texas Health And Human Services (HHSC) Grant Funds Are Available In The WIC Account No. 101-23-061- 5214-00-50-000, Project No. HG2303.GRE.OSM. No Cash Match Is Required (2) P.R. No. 23248—A Resolution Authorizing The City Manager To Enter Into Contracts With Consider Us Of Port Arthur, Texas For Group 2 And Smith's Remodeling Of Port Arthur, Texas For Group 3(C) For The Mowing Of Various City Properties, Parks And Right-Of-Ways With A Projected Budgetary Impact Of $37,170.00 (FY2023 $3,540.00 And FY 2024 $33,630.00) Funding Available In Parks Account No. 001-25-065-5311-00-20-000 (3) P.R. No. 23250 — A Resolution Supporting The Acceptance Of The Fiscal Year 2024 Texas Department Of Transportation Selective Traffic Enforcement Program (S.T.E.P.) Grant In The Amount Of $24,448.80 With A 21.22% In-Kind Match. The In-Kind Match Is Covered By Existing Fringe Benefits And Administration Functions (4) P.R. No. 23288 — A Resolution Authorizing The Chief Of Police To Issue A Wrecker Business Permit To Apex Towing And Recovery Located At 6801 Gulfway Drive, Port Arthur, Texas (5) P.R. No. 23307 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And The Hispanic Baseball League For The Use Of Leger Baseball Field At Pioneer Park 5 AGENDA SEPTEMBER 12, 2023 VII. CONSENT AGENDA — CONTINUED (6) P.R. No. 23310—A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement With The Port Arthur Independent School District (PAISD) For The School Crossing Guard Program, Not To Exceed $50,000.00; Funding Available In Account No. 001-17- 045-5420-00-30-000 (7) P.R. No. 23314 — A Resolution Authorizing The Landfill's 826K Compactor's Transmission Rebuild By Mustang CAT Of Beaumont, Texas, Through Sourcewell Cooperative Contract No. 032119-CAT For The Not-To-Exceed Amount Of $90,412.11. Funds Are Available In The Public Works Landfill's Equipment Maintenance Account Number 403-50-320-5318-00-00-000 (8) P.R. No. 23315 — A Resolution Authorizing The City Manager To Purchase Six Extreme 5420M Network Switches From Enterprise Systems Of Houston, TX Through The Texas Department Of Information Resources Contract No. DIR-TSO-4339 In The Amount Of $51,850.48. Funding Available In Information Technology IT Equipment Account 001-09-023-5241-00-10-000 (9) P.R. No. 23316 — A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates A Convention/Visitors Bureau In Order To Provide Funding Of The 2023-2024 Fiscal Year In The Amount Of $830,000.00, Hotel Occupancy Tax Account No. 140-15-600-5470-00-20-000, H07912.OTH.00S (10) P.R. No. 23318 — A Resolution Approving A Contract Between The City Of Port Arthur, And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2023- 2024 Fiscal Year In The Amount Of $246,336.00, Hotel Occupancy Tax Account No. 140-15-600-5470-00-20-000, H07904.OTH.00S 6 AGENDA SEPTEMBER 12, 2023 VII. CONSENT AGENDA — CONTINUED (11) P.R. No. 23321 —A Resolution Authorizing The City Manager To Rent Equipment With Operators For Dirt Work Operation For The Public Works Department From LSJ Trucking, Inc. Of Beaumont, Texas, For The Not-To-Exceed Amount Of$324,000.00 For 6 Months. Funds Are Available In Public Works Landfill's Account No. 403-50-320-5470- 00-00-000 (12) P.R. No. 23322 — A Resolution Authorizing The City Manager To Rent Laminated Mats For The Public Works Department From Midstream Mats & Rentals, Inc. Of Beaumont, Texas Through Competitive Bid Process In The Total Not To Exceed Amount Of $87,360.00. Funds Are Available In The Public Works Landfill's Equipment Rental Account No. 403-50-320-5402-00-00-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23100 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (2) P.R. No. 23273 — A Resolution Authorizing The City Manager To Negotiate A Contract Between The City Of Port Arthur And Biomethane Partners Of Irving, Texas For Engineering Services For The Study, Design, And Conversion Of Landfill Gas To Energy Project (3) P.R. No. 23294 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Golf Course Committee B. Ordinances — Non-Consent (1) P.O. No. 7174 — An Ordinance Reconsidering Ordinance No. 23-38 As It Pertains To Closing, Vacating, Abandoning, And Conveying A 2.042-Acre Portion Of An Improved Dedicated Public Right-Of-Way, Known As Terminal Road, Port Arthur, Jefferson County, Texas (Requested By Councilmember Doucet) A22-02 (Motiva Enterprises, LLC) AGENDA SEPTEMBER 12, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.O. No. 7175 — An Ordinance Of The City Of Port Arthur, Texas, Adding Article II, Division III, Section 2-80 To The Code Of Ordinances Of The City Of Port Arthur, Establishing A Code Of Ethics; Providing For A Penalty For The Violation Of This Ordinance; Providing For Repealing, Savings And Severability Clauses; Providing For An Effective Date Of This Ordinance; And Providing For The Publication Of The Caption Hereof IX. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 — Litigation And/Or Legal Advice Section 551.072 — Land Section 551.073 — Negotiated Contracts For Prospective Gifts To The City Section 551.074 — Personnel Section 551.076 — Security Personnel Or Devices Section 551.087 — Deliberations Regarding Economic Development Incentives Closed Meeting: (1) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding Potential And/Or Pending Claims, Contracts, Litigation And Other Legal Matters Involving The City Of Port Arthur (2) Section 551.071 Government Code — Attorney Consultation To Provide Advice And Counsel In Connection With The City's Rights, Duties, Privileges, And Obligations In Connection With Pending Litigation And Negotiations With The International Association of Fire Fighter (IAFF) Local 397 8 AGENDA SEPTEMBER 12, 2023 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (3) Section 551.074 Government Code — To Discuss The Duties, Responsibilities And Evaluations Of The City Attorney, City Manager, City Secretary And Municipal Court Judge (Requested By Mayor Bartle) (4) Section 551.087 Government Code —To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect *The Items In Executive Session May Be Discussed And Acted On In Open Session X. ADJOURNMENT OF MEETING *************************************************** NOTE: If The Meeting Extends Past 11:59 PM, The City Council May Elect To Recess The Meeting And Reconvene At 9:30 AM On September 13, 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.