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Home My WebLink About(1) 08/01/2023 REGULAR MEETING REGULAR MEETING —August 1, 2023 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Frank gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, August 1, 2023 at 5:53 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman Bill Bartie; Councilmembers Willie "Bae" Lewis, Doneane Beckcom, Harold Doucet, Thomas Kinlaw, III. 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. Mayor Pro Tem Tiffany Hamilton was absent from the Regular Meeting. II. PROCLAMATIONS Proclamations - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Miss Cherry Lee Johnson Regarding Streets Cherry Lee Johnson, 1012 Neches Avenue, appeared before the City Council to discuss the above-mentioned topic. B. Presentations (1) A Presentation By Staff Regarding The Overview Of The Fiscal Year 2023-2024 Proposed Budget Finance Director Kandy Daniel gave the above-mentioned presentation. C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Discussion Regarding Sidewalks (Requested By Councilmember Doucet) Councilmember Doucet led the discussion regarding the above-mentioned topic with no action taken. (2) A Discussion Regarding The Last Five (5) Years Of Streets Projects Completed (Requested By Councilmember Kinlaw) Councilmember Kinlaw led the discussion regarding the above-mentioned topic with no action taken. (3) A Discussion Regarding The Port Arthur Section 4A Economic Development Corporation (EDC), 504C Length Of Service Of Directors Appointed (Requested By Councilmember Lewis) Councilmember Lewis led the discussion regarding the above-mentioned topic with no action taken. (4) A Discussion Regarding Individuals Appearing Before Council Giving Presentations (Requested By Councilmember Doucet) Councilmember Doucet led the discussion regarding the above-mentioned topic with no action taken. IV. PUBLIC HEARING(S) - None V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) Councilmember Lewis gave special recognition to Daryl Harmon and staff for their continued work on city streets. VI. UNFINISHED BUSINESS — None VII. CONSENT AGENDA Upon the motion of Councilmember Kinlaw seconded by Councilmember Beckcom and carried, the following Consent Agenda items were adopted with the exception of Item Al and Proposed Resolutions No. 23249, 23254, 23265 and 23269: Voting Yes: Mayor Bartie; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. B. Minutes — None C. Resolutions (1) P.R. 23027 — A Resolution Authorizing The City Manager To Accept Close Out Documents Submitted By Elite Contractors & Equipment, LTD, Of Kirbyville, Texas And Approve The Release Of Retainage In The Amount Of $41,001.45 For The S. 1st Avenue Roadway Reconstruction Project. Funding Is Available In The Capital Improvement Account Number 307-21-053-8517-00-10-000. Project No. ST1P9O-CON Proposed Resolution No. 23027 was adopted, becoming Resolution No. 23-314. (2) P.R. 23233 — A Resolution Ratifying Change Order No. 1 To The Contract With Lark Group, Inc., Of Warren, Texas (Group B-T). Removing 1004 Pecos Avenue, Decreasing The Contract Amount By $4,900.00 To A New Total Of $35,332.00; Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) Proposed Resolution No. 23233 was adopted, becoming Resolution No. 23-315. (5) P.R. 23255 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Horseshoe Construction, Inc. Of La Porte, Texas For The Lakeside Pipebursting Project, City Council Minutes IRegular Meeting — August 1, 2023 2 Decreasing The Contract Amount By $78.00, Bringing The Contract Total To $346,818.00 And Accept The Engineer's Certificate Of Completion, Contractor's Affidavit, Certificate Of Guarantee And Certificate And Release Of Final Payment And Release, And Authorizing The City Manager To Execute The Certificate Of Acceptance; Account No. 405-40-000- 8516-00-00-000, Project No. WS-0014-CON Proposed Resolution No. 23255 was adopted, becoming Resolution No. 23-316. (6) P.R. 23262 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Marsh Waterproofing Of Vidor, Texas For The Repair Of The Exterior Of Pompeiian Villa In The Amount Of $230,000.00. Funds Are Available In Project #B00015, Account# 307-21-049-8512-00-10-000 Proposed Resolution No. 23262 was adopted, becoming Resolution No. 23-317. (7) P.R. 23263 — A Resolution Authorizing The Second Year (Final Renewal) Of The Contract With Smith's Remodeling Of Port Arthur, Texas For Grass Cutting Services At The Civic Center Department Buildings With A Projected Budgetary Impact Of $53,000.00. Funding Available In Civic Center Account Number 001-15-043-5311-00-20-000 Proposed Resolution No. 23263 was adopted, becoming Resolution No. 23-318. (9) P.R. 23268 — A Resolution Authorizing The City Manager To Execute A Pipeline Crossing Agreement With Union Pacific Railway Company And Authorizing Payment In The Not-To- Exceed Amount Of $7,000.00 For Permit Fees Relating To The Installation Of A City Utilities Sewer Line At Mile Post 17.63, Near The Intersection Of Highway 365 And Spur 93; Funding Is Available In Water Utilities Account No. 405-40- 000-8516-00-00-000, Project No. WS-0012-CON Proposed Resolution No. 23268 was adopted becoming Resolution No. 23-319. (11) P.R. 23270 — A Resolution Authorizing The City Manager To Enter Into A Contract With Global Drilling, Inc. Of Winnie, Texas, For The North Sewer Plant Waterline Project With A Projected Budgetary Impact Of $179,000.00; Funds Are Available In Account No. 405-40-000-8516-00-00-000, Project No. WS-0017 CON Proposed Resolution No. 23270 was adopted, becoming Resolution No. 23-320. i VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - Item 9 A. Travel Expense Reports i (A1) City Attorney Val Tizeno: Texas City Attorneys Association 2023 Summer Conference San Antonio, TX June 13 — 16, 2023 $2,190.54 City Council Minutes Regular Meeting — August 1, 2023 3 The Mayor introduced the above-mentioned Proposed Item. The motion was made by Councilmember Kinlaw and seconded by Councilmember Beckcom that Proposed Item Al be adopted. Voting Yes: Mayor Bartie; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. Proposed Item Al was adopted. Consent - Resolutions (3) P.R. 23249 — A Resolution Authorizing The City Manager To Participate In The Grant Application Process For The United States Department Of Transportation (USDOT) For FY 2023 Promoting Resilient Operations For Transformative, Efficient, And Cost-Saving Transportation (PROTECT) Program Grants For Jetty Road In Sabine Pass. There Is No Local Match For This Planning Grant And No Budgetary Impact To Apply For Funding The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Doucet, seconded by Councilmember Beckcom and carried, Proposed Resolution No. 23248 was adopted becoming Resolution No. 23-321. Voting Yes: Mayor Bartie; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 23-321 reads as follows: RESOLUTION NO. 23-321 A Resolution Authorizing The City Manager To Participate In The Grant Application Process For The United States Department Of Transportation (Usdot) For Fy 2023 Promoting Resilient Operations For Transformative, Efficient, And Cost-Saving Transportation (Protect) Program Grants For Jetty Road In Sabine Pass. There Is No Local Match For This Planning Grant And No Budgetary Impact To Apply For Funding (4) P.R. 23254 — A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Replacement Of The Sanitary Sewer Main On Vicksburg Avenue At 6th Street, With A Total Budgetary Impact Of $110,000.00 From Water i Utilities Account No. 405-40-000-8516-00-00-000, Project No. WS0016-CON The Mayor introduced the above-mentioned Proposed Resolution. 4 Upon the motion of Councilmember Frank, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 23254 was adopted becoming Resolution No. 23-322. I City Council Minutes Regular Meeting -August 1, 2023 4 Voting Yes: Mayor Bartie; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 23-322 reads as follows: RESOLUTION NO. 23-322 A RESOLUTION RATIFYING THE CITY MANAGER'S DECISION TO AUTHORIZE THE EMERGENCY REPLACEMENT OF THE SANITARY SEWER MAIN ON VICKSBURG AVENUE AT 6TH STREET, WITH A TOTAL BUDGETARY IMPACT OF $110,000.00 FROM WATER UTILITIES ACCOUNT NO. 405-40-000-8516-00-00-000, PROJECT NO. WS0016-CON (8) P.R. 23265 — A Resolution Authorizing The City Manager To Reject The Bids For The Construction Of Three (3) Single- Family Homes The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Doucet, seconded by Councilmember Beckcom and carried, Proposed Resolution No. 23265 was adopted becoming Resolution No. 23-323. Voting Yes: Mayor Bar-tie; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 23-323 reads as follows: RESOLUTION NO. 23-323 A RESOLUTION AUTHORIZING THE CITY MANAGER TO REJECT THE BIDS FOR THE i CONSTRUCTION OF THREE (3) SINGLE-FAMILY HOMES (10) P.R. 23269 — A Resolution Authorizing The City Manager To Participate In The Grant Application Process For The U.S. Fish And Wildlife Service Wildland Urban Interface Community Fire Assistance Program Necessary For Fire Risk Management For The City Of Port Arthur The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Beckcom and carried, Proposed Resolution No. 23269 was adopted becoming Resolution No. 23-324. Voting Yes: Mayor Bartie; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 23-324 reads as follows: I City Council Minutes Regular Meeting — August 1, 2023 5 I RESOLUTION NO. 23-324 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PARTICIPATE IN THE GRANT APPLICATION PROCESS FOR THE U.S. FISH AND WILDLIFE SERVICE WILDLAND URBAN INTERFACE COMMUNITY FIRE ASSISTANCE PROGRAM NECESSARY FOR FIRE RISK MANAGEMENT FOR THE CITY OF PORT ARTHUR A. Resolutions (1) P.R. No. 23264 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Beckcom) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Doucet and seconded by Councilmember Beckcom that Proposed Resolution No. 23264 be adopted. Councilmember Beckcom nominated Sharon LaBove for appointment to the Beautification Commission. Voting Yes: Mayor Bartie; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. Proposed Resolution No. 23264 was adopted, with the above-mentioned name i included, becoming Resolution No. 23-325. IThe caption of Resolution No. 23-325 reads as follows: RESOLUTION NO. 23-325 i A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE BEAUTIFICATION COMMISSION (REQUESTED BY COUNCILMEMBER BECKCOM) (2) P.R. No. 23266 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Kinlaw) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Doucet that Proposed Resolution No. 23266 be adopted. Councilmember Kinlaw nominated Ingrid Holmes for appointment to the Arthur Section i 4A Economic Development Corporation Board of Directors. Voting Yes: Mayor Bartie; Councilmembers Beckcom, Doucet, Kinlaw and Frank. i Voting No: None. # City Council Minutes Regular Meeting — August 1, 2023 6 Proposed Resolution No. 23266 was adopted, with the above-mentioned name included, becoming Resolution No. 23-326. The caption of Resolution No. 23-326 reads as follows: RESOLUTION NO. 23-326 A RESOLUTION APPOINTING AND/OR REAPPOINTING A DIRECTOR OR DIRECTORS TO THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION (REQUESTED BY COUNCILMEMBER KINLAW) (3) P.R. No. 23275 — A Resolution Of The City Of Port Arthur, Texas Designating The Officer Or Employee Responsible For Complying With Section 26.04 Of The Texas Tax Code The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 23275 was adopted becoming Resolution No. 23-327. Voting Yes: Mayor Bartie; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 23-327 reads as follows: RESOLUTION NO. 23-327 A RESOLUTION OF THE CITY OF PORT ARTHUR, TEXAS DESIGNATING THE OFFICER OR EMPLOYEE RESPONSIBLE FOR COMPLYING WITH SECTION 26.04 OF THE TEXAS TAX CODE A. Ordinances (1) P.O. No. 7155 — An Ordinance Amending Section 2-51 Of The Code Of Ordinances By Amending Subsections (a) And (d) As It Pertains To Regular Meetings And Public Hearings The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Doucet, seconded by Councilmember Beckcom and carried, Proposed Ordinance No. 7155 was adopted, becoming Ordinance No. 23-26. Voting Yes: Mayor Bartle; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Ordinance No. 23-26 reads as follows: ORDINANCE NO. 23-26 AN ORDINANCE AMENDING SECTION 2-51 OF THE CODE OF ORDINANCES BY AMENDING City Council Minutes Regular Meeting — August 1, 2023 7 SUBSECTIONS (A) AND (D) AS IT PERTAINS TO REGULAR MEETINGS AND PUBLIC HEARINGS (2) P.O. No. 7156 — An Ordinance Of The City Of Port Arthur, Texas, Closing, Vacating, Abandoning, And Conveying 0.1377-Acre (6,000 SF) Of Land Being Out Of And A Portion Of An Unimproved 20' Right-Of-Way (Alleyway), Block 180, City Of Port Arthur, J. Butler Survey, Abstract 9, Jefferson County, Texas; Authorizing The City Manager To Execute A Deed Without Warranty; Providing That This Ordinance Shall Be Cumulative; Repealing All Ordinances To The Extent They Are In Conflict; Providing For Severability; And Declaring An Effective Date A23-02 — Lamar State College Port Arthur The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Lewis, seconded by Councilmember Beckcom and carried, Proposed Ordinance No. 7156 was adopted becoming Ordinance No. 23-27. Voting Yes: Mayor Bartie; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Ordinance No. 23-27 reads as follows: ORDINANCE NO. 23-27 AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, CLOSING, VACATING, ABANDONING, AND CONVEYING 0.1377-ACRE (6,000 SF) OF LAND BEING OUT OF AND A PORTION OF AN UNIMPROVED 20' RIGHT-OF- WAY (ALLEYWAY), BLOCK 180, CITY OF PORT ARTHUR, J. BUTLER SURVEY, ABSTRACT 9, JEFFERSON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED WITHOUT WARRANTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; REPEALING ALL ORDINANCES TO THE EXTENT THEY ARE IN CONFLICT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EFFECTIVE DATE A23-02 — LAMAR STATE COLLEGE PORT ARTHUR (3) P.O. No. 7157 — An Ordinance Of The City Of Port Arthur, Texas, Closing, Vacating, Abandoning, And Conveying 0.4821-Acre (21,000 SF) Being A Portion Of An Improved Dedicated Public Street Right-Of-Way, Known As Vicksburg Avenue, Port Arthur, Jefferson County, Texas; Authorizing The City Manager To Execute A Deed Without Warranty; Providing That This Ordinance Shall Be Cumulative; Repealing All Ordinances To The Extent They Are In Conflict; Providing For Severability; And Declaring An Effective Date. City Council Minutes Regular Meeting — August 1, 2023 8 A23-03 — Lamar State College Port Arthur The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Frank and carried, Proposed Ordinance No. 7157 was adopted becoming Ordinance No. 23-28. Voting Yes: Mayor Bartie; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Ordinance No. 23-28 reads as follows: ORDINANCE NO. 23-28 AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, CLOSING, VACATING, ABANDONING, AND CONVEYING 0.4821- ACRE (21,000 SF) BEING A PORTION OF AN IMPROVED DEDICATED PUBLIC STREET RIGHT-OF-WAY, KNOWN AS VICKSBURG AVENUE, PORT ARTHUR, JEFFERSON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED WITHOUT WARRANTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; REPEALING ALL ORDINANCES TO THE EXTENT THEY ARE IN CONFLICT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EFFECTIVE DATE. A23-03 — LAMAR STATE COLLEGE PORT ARTHUR (4) P.O. No. 7158 — An Ordinance By The City Of Port Arthur, Texas ("City") Authorizing The Settlement Of The Proposed Fuel Reconciliation Of Entergy Texas, Inc.; 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 Doucet, seconded by Councilmember Beckcom and carried, Proposed Ordinance No. 7158 was adopted becoming Ordinance No. 23-29. Voting Yes: Mayor Bartie; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Ordinance No. 23-29 reads as follows: ORDINANCE NO. 23-29 AN ORDINANCE BY THE CITY OF PORT ARTHUR, TEXAS ("CITY") AUTHORIZING THE City Council Minutes Regular Meeting — August 1, 2023 9 SETTLEMENT OF THE PROPOSED FUEL RECONCILIATION OF ENTERGY TEXAS, INC.; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Doucet, seconded by Mayor Bartie and carried unanimously, the City Council adjourned their meeting at 7:46 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. MAYOR THURMAN "BILL" BARTIE ATTEST: ASSISTANT CITY SECRETARY KELLY MOORE END OF REGULAR MEETING HELD August 1, 2023. APPROVED: . City Council Minutes Regular Meeting —August 1, 2023 10