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HomeMy WebLinkAboutOCTOBER 10, 2023 REGULAR MEETING 9_30 AMTHURMAN BILL BARTIE, MAYOR RON BURTON TIFFANY HAMILTON, MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD, TRMC WILLIE BAE LEWIS, JR. CITY SECRETARY DONEANE BECKCOM HAROLD L. DOUCET, SR. VAL TIZENO THOMAS J. KINLAW, III CITY ATTORNEY DONALD FRANK, SR. AGENDA City Council Regular Meeting Tuesday, October 10, 2023 9:30 A.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, October 10, 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: 880 6893 0770 And Passcode: 894586 (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 1 City Council Regular Meeting City Hall Council Chamber City Of Port Arthur October 10, 2023 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie _____ Mayor Pro Tem 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 – None B. Presentations (1) A Presentation By Attorney Karen Kennard Regarding An Update Of The Texas Legislative Session (2) A Presentation By Gary Sullivan And Charles Wheeler Of The U.S. Army Corps Of Engineers, Galveston District Regarding An Update On The Port Arthur Project C. Employee Recognition – None D. Correspondence – None 2 AGENDA OCTOBER 10, 2023 III. PETITIONS & COMMUNICATIONS – CONTINUED E. Discussions (1) A Discussion Regarding The Homeless Coalition To Reestablish Regular Meetings Addressing Our Growing Homeless Population And Panhandling Issues Citywide (Requested By Councilmember Beckcom) (2) A Discussion Regarding Current Ordinances Regulating Game Rooms And Possibility Of Charging Additional Fees Which Can Be Used For Other City Services (Requested By Councilmember Beckcom) IV. PUBLIC HEARINGS – 10:00 A.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; 3 AGENDA OCTOBER 10, 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 – None B. Minutes June 20, 2023 Regular Meeting June 21, 2023 Special Meeting 4 AGENDA OCTOBER 10, 2023 VII. CONSENT AGENDA – CONTINUED C. Resolutions (1) P.R. 23115 – A Resolution Authorizing The City Manager To Execute A Contract With Global Emergency Services, LLC Of Beaumont, Texas, For Trash Collection. Funding Is Available In The Revenue Loss-Garbage Collection Support Account, ARP010-GRE-RNT, For The Not-To-Exceed Amount Of $150,000.00 (2) P.R. 23139 – A Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Contract Between The City Of Port Arthur And LJA Engineering Of Beaumont, Texas, Extending The El Vista Drainage Pump Station Project Duration By 75 Calendar Days Until January 19, 2024. There Is No Budgetary Impact For The Extension (3) P.R. 23182 – A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Sitek Omni Services, LLC Of Spring, Texas, For The Removal And Disposal Of Unforeseen Building Materials During Demolition, Abatement, And Cleaning Of The Gates Building With A Budgetary Impact Of $20,800.00. Funding Is Available In Account No. 307-21- 049-8512-00-10-000 (Capital Improvement Fund – City Facilities Improvements), Project No. BU0016-CON (4) P.R. 23209 – A Resolution Authorizing The City Manager To Execute Change Order No. 1 For The Contract Between The City Of Port Arthur And AAA Asphalt Paving, Inc. Increasing The Contract Amount By $55,200.00 To A New Contract Amount Of $564,552.00, For Port Arthur Transit's Dallas And Fort Worth Avenues Road Reconstruction Project; Funds Available In Account 401-70-530-8525-00-60-000, Project DR1P06 (5) P.R. 23210 – A Resolution Approving The Contract Amendment Between The City Of Port Arthur And The Department Of State Health Services To Add $21,274.00 And Extend The Contract Period To August 31, 2024, Bringing The Total Not-To-Exceed Amount Of This Contract To $58,311.00, Which Includes The City's Total Match Of $5,928.00 5 AGENDA OCTOBER 10, 2023 VII. CONSENT AGENDA – CONTINUED (6) P.R. 23298 – A Resolution Authorizing The City Manager To Enter Into A Contract With Custom Products Corporation Of Jackson, Mississippi, Through The BuyBoard Cooperative Purchasing Program Contract No. 703-23 For The Purchase Of Traffic Signs And Mounting Equipment, With A Budgetary Impact Amount Of $80,000.00. Funding Is Available In Account No. 001-21-057-5321-00-70-000 (7) P.R. 23299 – A Resolution Authorizing The City Manager To Enter Into A Contract With Cubic ITS, Inc. Of Sugar Land, Texas, Through BuyBoard Contract No. 703-23 And Traffic Parts, Inc. Of Conroe, Texas, Through BuyBoard Contract Nos. 698-23 And 703-23 For The Purchase Of Traffic Signals And Cabinets, With A Budgetary Impact Of $80,000.00. Funding Is Available In Account No. 001-21-057- 5321-00-70-000 (8) P.R. 23308 – A Resolution Authorizing The City Manager To Execute Change Orders No. 1 And No. 2 For The Contract Between The City Of Port Arthur And Greenscapes Six, LLC. Of Baytown, Texas Increasing The Contract Amount By $4,064.00 To A New Contract Amount Of $157,355.00, For Port Arthur Transit’s Bus Pad Project Round 1; Funds Available In Account 401-70-530-8525-00-60-000, Project TR11316 CAP.OCO (9) P.R. 23327 – A Resolution Authorizing The City Manager To Purchase 1,000 Garbage Cans From Sierra Container Group Of Ocala, Florida, Under NCPA/Omnia Partners Cooperative Purchasing Contract No. 02-58, In The Amount Of $62,900.00. Funding Is Available In The Public Works Solid Waste Residential Garbage Division – Minor Equipment Account, Account Number 403-50-310-5240-00-00-000 (10) P.R. 23332 – A Resolution Authorizing The City Manager To Enter Into A Contract With SCS Engineers Of Houston, Texas, For Groundwater, Landfill Gas, And Air Quality Monitoring At The Landfill For $129,100.00. Funds Are Available In Public Works Department Landfill Division – Professional Services Account, 403-50-320-5420- 00-00-000 6 AGENDA OCTOBER 10, 2023 VII. CONSENT AGENDA – CONTINUED (11) P.R. 23335 – A Resolution Authorizing The Payment To Computer Information Systems, Inc. Of Skokie, Illinois For The Annual License Renewal Fee For Maintenance Of The Police And Fire Department Computer Aided Dispatch, Record Management System And MCS/AVL Server, In The Amount Of $51,477.06; Funding Available In 001-17-045-5491-00-30-000 (12) P.R. 23336 – A Resolution Authorizing The City Manager To Enter Into An Agreement With Elite Contractors & Equipment, LTD, Of Kirbyville, Texas For The Mechanic Street And S. 1st Avenue Roadway Reconstruction Project In Sabine Pass, Texas For The Amount Of $2,565,230.00. Funding Available In The Capital Improvement Street Account No. 307-21-053-8517-00-10-000 And TXDOT Account Number 161-07-015-8517-00-60-000. Project ST1P90.CON (13) P.R. 23337 – A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Boss Construction Services, LLC, Of Baytown, Texas, For The Addition Of Conduit At Peoples Park For The Lump Sum Amount Of $1,842.00 For The Sidewalk Repairs At Various Parks Project. Funding Is Available In The Parks Project Account Number 105-13- 033-5111-00-40-000. Project No. CD7104-GRE-OCS (14) P.R. 23338 – A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Elite Contractors & Equipment, LTD, Of Kirbyville, Texas, To Install A Monument Slab And Application Of Epoxy Coal Tar At Mudlines At The Sabine Pass Boat Ramp Improvement Project In Sabine Pass, Texas For The Amount Of $74,723.00. Funding Is Available In Capital Improvements Project Account 152-60-415- 8525-00-00-000; Project No. PR0007-CON; American Rescue Plan Act (ARPA) Account 169-07-015-8525-00-40-000, Project No. ARP013 7 AGENDA OCTOBER 10, 2023 VII. CONSENT AGENDA – CONTINUED (15) P.R. 23354 – A Resolution Authorizing The City Manager To Accept A Donation From Golden Pass LNG, LLC In The Form Of Two Zoll Auto Pulse Devices For Life Safety To Residents, Visitors And Workers In The City Of Port Arthur In The Event Of Cardiac Arrest Events (16) P.R. 23355 – A Resolution Authorizing The City Manager To Allow The Fire Department To Apply For A Grant From Motiva's 2023 First Responder Grant Program, With No Cash Match, In The Amount Of $10,000.00 For The Purchase Of Two (2) Positive Pressure Ventilation Fans (17) P.R. 23358 – A Resolution Authorizing The City Manager To Participate In The Grant Application Process To Texas Division Of Emergency Management (TDEM) For The FEMA Hazard Mitigation Grant Program (HMGP) For The City Of Port Arthur Fire Risk Management (18) P.R. 23364 – A Resolution Designating And Establishing The Island Invasion Tournament Area, Designating The Professional Disc Golf Association As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof (19) P.R. 23365 – A Resolution Authorizing The City Manager To Allow The Police Department To Apply For The Motiva First Responders Grant, With No Cash Match (20) P.R. 23370 – A Resolution Calling For A Public Hearing To Consider A Zoning Map Amendment For Approximately 2.016-Acres Of Land Consisting Of A Portion Of Lots 1 & 8, TR 1, Block 13, Range K, Port Arthur Land Company Subdivision, T. & N.O RR Co. Survey No. 11, Abstract No. 243, (Property Is Located North Of Medical Center Boulevard And East Of F.M. Highway 365), City Of Port Arthur, Jefferson County, Texas (21) P.R. 23372 – A Resolution Authorizing Payment Of Annual Service Fees For Naviline ASP To Superion LLC In The Amount Of $89,570.08. Account No. 001-09-023-5420-00-10-000 8 AGENDA OCTOBER 10, 2023 VII. CONSENT AGENDA – CONTINUED (22) P.R. 23373 – A Resolution Authorizing The Roof Replacement For The Gates Building By Marsh Waterproofing, Inc. Of Vidor, Texas, With A Projected Budgetary Impact Of $180,500.00 Through Region 5 Education Service Center (ESC) Contract Numbers 20230301, 20220403 And 20230305. Funding Is Available In The Capital Improvement Fund – City Facility Improvements Account, 307-21- 049-8512-00-10-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. 23216 – A Resolution Approving The First Amendment To The Performance Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Mid Co. Shopping Plaza, LLC; Funds Available In EDC Account No. 120-80-625-5478-00-00- 000 (2) P.R. 23217 – A Resolution Approving The First Amendment To The Pre-Employment Workforce Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur; Increase Funding By $25,040.00 For A Revised Not To Exceed Amount Of $145,040.00; Funds Available In EDC Account No. 120-80-625-5475-00-00-00 (3) P.R. 23341 – A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Professional Services Agreement With Schaumburg & Polk, Inc. For The Engineering Services Related To Improvements To The Existing Lift Station Serving The Spur 93 Business Park In An Amount Not To Exceed $37,200.00; Funds Available In EDC Account No. 120-80- 625-5479-00-00-000 (4) P.R. 23359 – A Resolution Accepting A Public Water And Wastewater Utility Easement From H&P Engineering & Construction, Inc. For The Willow Lane Townhomes Development 9 AGENDA OCTOBER 10, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (5) P.R. 23362 – A Resolution Authorizing The City Manager To Revise The American Rescue Plan Act (ARPA) Project Categories Which Were Previously Approved (6) P.R. No. 23363 – A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Police Chief Advisory Committee (Requested By Councilmember Kinlaw) (7) P.R. 23366 – A Resolution Authorizing Acceptance Of The Contractor's Certificate And Release, The Contractor's Certificate Of Guarantee From H&P Engineering And Construction, Inc. Of Port Arthur, Texas For Willow Lane Townhomes And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (8) P.R. No. 23371 – A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Mayor Pro Tem Hamilton) B. Ordinances – Non-Consent (1) P.O. No. 7167 – An Ordinance Amending Chapter 110 (Utilities), Article II (Water), Division 1 (Generally), By Adding Sections 110-37 Through 110-37.11 Code Of Ordinances Of The City Of Port Arthur, As It Pertains To A Water Maintenance Plan (2) P.O. No. 7179 – An Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The International Association Of Fire Fighters Local 397; Effective October 1, 2023 Through September 30, 2024 (3) P.O. No. 7182– An Ordinance Adding Section 2-53 To Chapter 2 (Administration), Article II (City Council), Division 2 (Meetings) To The Code Of Ordinances As It Pertains To Working Meetings (Requested By Councilmember Frank) 10 AGENDA OCTOBER 10, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (4) P.O. No. 7183– An Ordinance Adding Section 2-54 To Chapter 2 (Administration), Article II (City Council), Division 2 (Meetings) To The Code Of Ordinances As It Pertains To A Prohibition Of Purchasing Meals For Personal Use (Requested By Councilmember Doucet) 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 Contemplated Or Pending Litigation And Negotiations With The International Association of Fire Fighter (IAFF) Local 397 11 AGENDA OCTOBER 10, 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 Bartie) (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 October 11, 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.