HomeMy WebLinkAboutOCTOBER 24, 2023 REGULAR MEETING 5_30 P.MTHURMAN 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 24, 2023
5:30 P.M. CT
The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting
Scheduled For Tuesday, October 24, 2023 At 5:30 P.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: 825 8165 7166 And Passcode: 979861
(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
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City Council Regular Meeting
City Hall Council Chamber
City Of Port Arthur
October 24, 2023
5:30 PM
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 The Port Arthur Chapter Of Top Ladies Of
Distinction, Inc.
(2) A Presentation By The Quasquicentennial Steering Committee And
Celebration Team Representatives Regarding The Cultural Showcase
And Upcoming Activities: Ms. Verna Rutherford, Ms. Pat Avery, Ms.
Tammy Kotzur, Dr. Albert Thigpen, Dr. Sam Monroe, And Mr. Tom
Neal
(3) A Presentation By Sigma Engineers On The Status Of The Port Arthur
9th Avenue Health Department Renovation Project
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AGENDA
OCTOBER 24, 2023
III. PETITIONS & COMMUNICATIONS – CONTINUED
C. Employee Recognition – None
D. Correspondence – None
E. Discussions
(1) A Discussion Regarding The Status Of The Development Of A Water
Park And Other Attractions At Pleasure Island (Requested By
Councilmember Beckcom)
(2) A Discussion Regarding Meeting Dates For The Port Arthur Coalition
For Homeless Advisory Board (Requested By Councilmember
Beckcom)
(3) A Discussion Regarding City Manager And Staff Responsiveness To
Councilmember Inquiries/Requests (Requested By Councilmember
Kinlaw)
IV. PUBLIC HEARING – 6:00 P.M.
(1) A Public Hearing For The Purpose Of Receiving Public Comments
Regarding The Proposed Disannexation Of 17.97 Acres Tract Of Land
In The Corporate Limits Of The City Of Port Arthur (Near West Port
Arthur Road And Viterbo Road). Said Tract Of Land Is Legally
Described As Tract 1-A, Replat Of Lots 1 & 2, Tract 1, Lot 3 Tract 2,
Block 18, Range M, PALCO In Jefferson County, Texas
This Is the First Public Hearing Held Pursuant To Chapter 43.142 Of
The Local Government Code. A Detailed Map Of The Proposed Area
To Be Disannexed, Is Also Available For Inspection At Port Arthur
City Hall, 444 Fourth Street, Port Arthur, Texas Between The Hours
Of 8:00 AM. And 5:00 P.M., Monday Through Friday And
Continuously Online At www.portarthurtx.gov
A Second Public Hearing Will Be Held On November 7, 2023 at 10:00
AM. Thereafter, The City Council Will Consider An Ordinance
Formalizing The Disannexation Of Said Tract At Its Regular City
Council Meeting On November 21, 2023
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AGENDA
OCTOBER 24, 2023
IV. PUBLIC HEARING – 6:00 P.M. – CONTINUED
(2) A Public Hearing For The Purpose Of Receiving Public Comments To
Consider The Proposed Abandonment Of The Following:
A23-04 MOTIVA ENTERPRISES, LLC For Approximately 1.988
Acres Of Land Consisting Of A 70' X 320' Dedicated And Improved
Portion Of Street Right-Of-Way, Known As Austin Avenue, 60' X 600'
Dedicated And Improved Portion Of Street Right-Of-Way, Known As
5th Street, 20' X 600' Portion Of Improved Alley Right-Of-Way
Located In Blocks 109 And 110, Bounded By Waco Avenue And Fort
Worth Avenue, Located In The Downtown Area Of Port Arthur,
Jefferson County, Texas
A Precise Drawing And Description Of The Proposed Abandonment
Will Be Presented At The Public Hearing And Can Be Examined In
The City Development Services Department, Port Arthur, Texas. 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
(3) A Public Hearing For The Purpose Of Receiving Public Comments To
Consider The Proposed Abandonment Of The Following:
A23-05 MOTIVA ENTERPRISES, LLC For Approximately 1.026-
Acres Of Land Consisting Of A Dedicated And Improved Street Right-
Of-Way, Known As Terminal Road, Port Arthur, Jefferson County,
Texas
A Precise Drawing And Description Of The Proposed Abandonment
Will Be Presented At The Public Hearing And Can Be Examined In
The City Development Services Department, Port Arthur, Texas. 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
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AGENDA
OCTOBER 24, 2023
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;
(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
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AGENDA
OCTOBER 24, 2023
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 / Request
Request For Pre-Approval Of Travel Pursuant To 78-269 (b)(8) Of The Code
Of Ordinances (ORD 18-63)
(A1) Mayor Thurman Bartie:
National League Of Cities
NLC City Summit
Atlanta, GA
November 14 - 19, 2023 $3,672.58
Travel Expense Reports
(A2) City Manager Ronald Burton:
International City / County Management
Association Conference 2023
Austin, TX
September 30 - October 3, 2023 $2,902.39
(A3) City Attorney Val Tizeno:
Texas Municipal League Conference 2023
Dallas, TX
October 3 - 6, 2023 $2,097.36
B. Minutes
July 5, 2023 Special Meeting
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AGENDA
OCTOBER 24, 2023
VII. CONSENT AGENDA – CONTINUED
C. Resolutions
(1) P.R. 23369 – A Resolution Authorizing The City Manager To Execute
A Contract With SETEX Construction Corporation Of Port Arthur,
Texas For Emergency Water Leak Repair Services, With A Projected
Budgetary Impact Amount Of $500,000.00. Funding Is Available In
Account Number 410-40-215-5315-00-00-000., Water System
Maintenance
(2) P.R. 23374 – A Resolution Approving A Technical Assistance
Agreement Between The City Of Port Arthur, Texas, The City Of Port
Arthur Section 4A Economic Development Corporation And The
National Council For Community Development, Inc. DBA Grow
America, For The Period Of November 30, 2023, Through November
29, 2024, In An Amount Not To Exceed $72,000.00; Funds Available
In EDC Account Number 120-80-625-5420-00-00-000
(3) P.R. 23375 – A Resolution Authorizing The Purchase Of Thirty-Five
(35) Portable Radios And Their P-25 Compliant Component
Accessories For The Police Department From Motorola Solutions Of
Houston, Texas, Through HGAC Contract RA05-21, In The Amount
Of $187,499.55; Funding Is Available In Account No. 149-13-630-
5240-00-10-000
(4) P.R. 23377 – A Resolution Authorizing The City Manager To Execute
The Second Year (First Renewal) To The Contract With Diamond
Shine Building Services Of Nederland, Texas For Janitorial Services
For The Police Department, Fire Administration And Municipal Court
Building With An Annual Projected Budgetary Impact Of $68,676.00;
Funding Available In Account 001-17-045-5312-00-30-000
(5) P.R. 23378 – A Resolution Authorizing Payment Of An Invoice From
South East Texas Regional Planning Commission For Membership
Dues In The Amount Of $29,284.40 For The Fiscal Year Ending
September 30, 2024. City Manager Contingency Account #001-01-
005-5470-00-10-000, Project # MA0036
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AGENDA
OCTOBER 24, 2023
VII. CONSENT AGENDA – CONTINUED
(6) P.R. 23379 – A Resolution Authorizing The City Manager To Purchase
The Office Furniture For The New Health Department From
Hernandez Office Solutions Of Nederland, Texas, Through Vizient
Purchasing Contract No. #CE3374 As Part Of The Omnia Partners
Cooperative Purchasing Program In The Amount Of $144,848.86.
Funds Are Available In The Health Department's Account 307-21-
049-8512-00-10-000 Project Number BU0006-OTH
(7) P.R. 23381 – A Resolution Ratifying The Emergency Repairs To The
Sanitary Sewer Between Chevy Chase Lane And Cobblestone Lane,
For The Not To Exceed Amount Of $254,358.40 From Water Utilities
Sewer System Maintenance Account No. 410-40-220-5313-00-00-
000
(8) P.R. 23383 – A Resolution Ratifying The City Manager's Decision To
Authorize Various Emergency Water Leak Repairs By Global Drilling,
Inc. Of Winnie, Texas In The Amount Of $98,600.00 And T. Johnson
Industries Of Lumberton, Texas In The Amount Of $41,319.00 For
The Total Not To Exceed Amount Of $139,919.00. Funding Available
In Water System Maintenance Account No. 410-40-215-5315-00-00-
000
(9) P.R. 23385 – A Resolution Authorizing The City Manager To Amend
The Contract With Jet Aeration, LLC Of Vidor, Texas For Water/Sewer
Leak Repair Services, Increasing The Contract Amount By
$72,000.00 To A New Total Contract Amount Of $372,000.00 Due
To Excessive Water Main Breaks. Funding Is Available In Utilities
Account Numbers 410-40-215-5315-00-00-000, Water System
Maintenance And 410-40-220-5313-00-00-000, Sewer System
Maintenance
(10) P.R. 23386 – A Resolution Authorizing The City Manager To Purchase
A 2023 John Deere 17G And A 2023 35G Compact Excavator From
Shoppa's Farm Supply, Inc. Of Beaumont, Texas, Through BuyBoard
Contract No. 685-22 For The Wastewater Distribution Division In The
Total Amount Not To Exceed $84,399.32. Funds Are Available In
Capital Equipment Account No. 625-40-000-8523-00-00-000,
Equipment
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AGENDA
OCTOBER 24, 2023
VII. CONSENT AGENDA – CONTINUED
(11) P.R. 23391 – A Resolution Authorizing The Acceptance Of A Donation
From The Port Arthur Chapter Of Top Ladies Of Distinction, Inc. In
The Amount Of $7,000.00 For The Purchase Of Park Benches For
Booker T. Washington Park And El Vista Park
(12) P.R. 23393 – A Resolution Confirming The Uniform Tax Abatement
Policy For A Two (2) Year Term Pursuant To Chapter 312 Of The
Texas Property Code
(13) P.R. 23395 – A Resolution Updating And Affirming The Investment
Policies Of The City Of Port Arthur For The 2023-2024 Fiscal Year
(14) P.R. 23396 – A Resolution Authorizing The City Manager To Execute
A Third Amendment To The Contract With The Solco Group, LLC Of
Beaumont, Texas For Engineering And Design Services For Port
Arthur Transit's (PAT) Parking Lot Expansion At 320 Dallas Avenue
And For Reconstruction And Drainage Repairs On Dallas And Fort
Worth Avenues In The Amount Of $15,500.00 To A New Contract
Total Of $212,905.00 And Extending The Contract Through
November 30, 2024; Funding Is Available In Account No. 401-70-
530-8512-00-60-000, Project# TR11430
(15) P.R. 23397 – A Resolution Authorizing The City Manager To Apply
For The Valero Community Investment Grant For Park Improvements
And Enhancements
(16) P.R. 23407 – A Resolution Authorizing The City Manager To Enter
Into A New Contract Agreement For Arbitrage Rebate Compliance
Services With Hilltop Securities Asset Management, LLC, For A Period
Of Two (2) Years With An Annual Projected Budgetary Impact Of
$16,000.00; Funding Available In Finance Department Account
#001-07-015-5420-00-10-000
(17) P.R. 23408 – A Resolution Of The City Council Of The City Of Port
Arthur, Texas, In Which The City Of Port Arthur, Texas, Joins The
Alabama-Coushatta Tribe Of Texas In Support Of The Tribes Of
Texas Equal Fair Opportunity Act (Requested By Mayor Bartie)
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AGENDA
OCTOBER 24, 2023
VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT
A. Resolutions – Non-Consent
(1) P.R. 23361 – A Resolution Authorizing A Payment To H&P
Engineering And Construction In The Amount Of $194,863.50 As It
Pertains To The Developer Participation Agreement Between The
City Of Port Arthur And H&P Engineering & Construction, Inc.
Contingent On A Budget Amendment - Account No. 001-01-005-
5470-00-10-000, Project MA0037
(2) P.R. 23402 – A Resolution Appointing A Member To The Planning
And Zoning Commission Of The City Of Port Arthur For A Five-Year
Term Ending On October 30, 2028
(3) P.R. 23409 – A Resolution Amending Article VI Of The Articles Of
Incorporation Of The Port Arthur Housing Finance Corporation And
Appointing Members To The Housing Finance Corporation Board Of
Directors
B. Ordinances – Non-Consent
(1) P.O. No. 7177 – An Ordinance Amending Subsections (3) And (5) Of
Section 78-187 (e) (2) Of The Code Of Ordinances As It Pertains To
Special Leaves Of Absence
(2) P.O. No. 7185 – An Ordinance Amending Section 78-31 Of The Code
Of Ordinances As It Pertains To The Definition Of Immediate Family
To Add Provisions To Include Grandparents And Grandchildren
(3) P.O. No. 7186 – An Ordinance Declaring An Intent Of The City To
Reimburse Itself From Proceeds Of Certificates Of Obligation
Expected To Be Issued By The City For Certain Original Expenditures
Paid In Connection With The City's Financing Of Certain Streets,
Drainage, Animal Control, Fire, Water And Wastewater Projects
(4) P.O. No. 7187 – An Appropriation Ordinance Amending The City Of
Port Arthur Budget For The Fiscal Year Beginning October 1, 2023
And Ending September 30, 2024, By Increasing The General Fund
Administration By $195,000.00
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AGENDA
OCTOBER 24, 2023
VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT –
CONTINUED
(5) P.O. No. 7188 – An Ordinance Amending Article XXII [Port Arthur
Youth Advisory Council (YAC)] Section 14-683 [Port Arthur Youth
Advisory Council (YAC) Members] Of The City Of Port Arthur Code
Of Ordinances By Decreasing The Number Of Members For The
Youth Advisory Council From Twenty-Seven (27) Members To
Twenty-One (21) Members
IX. ADJOURNMENT OF MEETING
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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 25, 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
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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.