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HomeMy WebLinkAboutDECEMBER 05, 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, December 5, 2023 9:30 A.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, December 5, 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: 810 3978 4364 And Passcode: 803476 (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 December 5, 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 (1) Joan Jones Regarding Requesting A Report From Councilmembers On The 2023 National League Of Cities Conference (2) Pat Avery Of The Greater Port Arthur Chamber Of Commerce Regarding A Certificate From Senator Ted Cruz B. Presentations (1) A Presentation By Motiva Enterprises Regarding The 2023 Motiva First Responders Grant (2) A Presentation By Staff Regarding The Leadership Academy 2 AGENDA DECEMBER 5, 2023 III. PETITIONS & COMMUNICATIONS – CONTINUED (3) A Presentation By The Quasquicentennial Steering Committee And Celebration Team Representatives Regarding Upcoming Activities: Ms. Verna Rutherford, Ms. Pat Avery, Ms. Tammy Kotzur, Dr. Albert Thigpen, Dr. Sam Monroe, And Mr. Tom Neal C. Employee Recognition – None D. Correspondence – None E. Discussions – None 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; (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 3 AGENDA DECEMBER 5, 2023 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) – CONTINUED (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 (A1) City Manager Ronald Burton: National League Of Cities (NLC) City Summit 2023 Atlanta, GA November 15 * 18. 2023 $2,408.91 B. Minutes August 1, 2023 Regular Meeting August 3, 2023 City Council Joint EDC Special Meeting August 8, 2023 Special Meeting August 15, 2023 Regular Meeting 4 AGENDA DECEMBER 5, 2023 VII. CONSENT AGENDA – CONTINUED C. Resolutions (1) P.R. No. 23319 – A Resolution Authorizing The City Manager To Execute A Contract With Air Technology Solutions LLC Of Princeton, Wisconsin For The Purchase And Installation Of Diesel Exhaust Filtration Systems In Port Arthur Fire Stations 1, 4, 5, 6, & 8 In The Total Amount Of $134,175.00; Funding Is Available In Capital Account Number 307-21-049-8512-00-10-000, Project No. BU0017 (2) P.R. No. 23356 – A Resolution Authorizing The City Manager To Execute A Contract With EPR Systems Inc. Of Jacksonville, Florida For A Comprehensive Record Management System For The Port Arthur Fire Department In The Total Amount Of $34,477.00, Which Includes A One-Time Cost For Data Transition And Conversion From Current System; Funding Is Available In Capital Account Number 307-21-049-8512-00-10-000 (3) P.R. No. 23399 – A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Agape Cleaning Enterprise Inc. Of Houston, Texas For Janitorial Services At Port Arthur Transit Facilities In An Amount Not To Exceed $33,850.20. Funds Available In Account Nos. 401-70-500-5470-00- 60-00 And 401-70-505-5470-00-60-000, Project Nos. TR3018 TAD.OCS. And VOP.OCS. (4) P.R. No. 23422 – A Resolution Authorizing The City Manager To Purchase A Caterpillar 320 Excavator From Mustang Machinery Company, LLC Of Houston, Texas, Through Sourcewell Contract Number 032119-CAT For $284,780.80. Funds Are Available In The Capital Reserve Equipment New Request Public Works Solid Waste – Equipment Account Number 625-50-000-8522-00-00-000 (5) P.R. No. 23423 – A Resolution Authorizing The City Manager To Purchase A Caterpillar 725 Articulated Truck From Mustang Machinery Company, LLC Of Houston, Texas, Through Sourcewell Contract Number 032119-CAT For $533,593.62. Funds Are Available In The Capital Reserve Equipment New Request Public Works Solid Waste – Equipment Account Number 625-50-000-8522-00-00-000 5 AGENDA DECEMBER 5, 2023 VII. CONSENT AGENDA – CONTINUED (6) P.R. No. 23442 – A Resolution Authorizing The Purchase Of One (1) PB BC4 3 – Yard Asphalt Patcher With Medium Duty MD7 Chassis For The Streets Division From Volvo And Mack Trucks Of Waco Of Robinson, Texas, Through The TIPS Interlocal Purchasing System Contract 230802 For The Not-To-Exceed Amount Of $264,541.00. Funds Are Available In The Capital Reserve Fund Account, Account Number 625-21-000-8522-00-00-000 (7) P.R. No. 23455 – A Resolution Authorizing The City Manager To Execute A Contract With The Solco Group, LLC Of Port Arthur, Texas For Engineering And Design Services For A New Vehicle Wash Facility Located At H.O. Mills Boulevard In The Amount Of $28,495.00; Funding Is Available In Account No. 307-21-049-8512-00-10-000, Project# BU0010.ENG (8) P.R. No. 23467 – A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract With Global Drilling, Inc. Of Winnie, Texas For The Sanitary Sewer System Rehabilitation Sabine Pass Pearl Street Project, Increasing The Contract Amount By $88,182.00 To The New Total Contract Amount Of $441,094.00; And A Time Extension Of 60 Days To A New Total Contract Term Of 180 Days; Funding Available In Account No. 405-40-000-8516-00-00- 000, Project No. WS0006-CON (9) P.R. No. 23468 – A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Professional Services And Consulting Agreement With The Solco Group, LLC Of Port Arthur, Texas For An Aerial Survey And Development Of A Master Parcel Property Map For The Spur 93 And Jade Avenue Business Parks In An Amount Not To Exceed $7,110.00; Funds Available In EDC Account No. 120-80-625-5420-00-00-000 (10) P.R. No. 23476 – A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract With Marsh Waterproofing Of Vidor, Texas For Additional Repairs At The Pompeiian Villa In The Amount Of $11,900.00 To A New Total Of $241,900.00. Funds Available In Account No. 307-21-049-8512-00- 10-000, Project No. BU0015 6 AGENDA DECEMBER 5, 2023 VII. CONSENT AGENDA – CONTINUED (11) P.R. No. 23477 – A Resolution Authorizing The Purchase Of Two (2) Elgin Whirl Wind 1 Pure Vacuum Street Sweepers With Front Bumper Chain Suspended Magnet For The Drainage Division From Kinloch Equipment And Supply Of Pasadena, Texas, Through The Sourcewell Cooperative Purchasing Contract Number 093021-ELG For The Not- To-Exceed Amount Of $843,010.00. Funds Are Available In The Capital Reserve Fund Account, Account Number 625-21-000-8522- 00-00-000 (12) P.R. No. 23478 – A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $10,110.07 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Transit Unit #2288 (13) P.R. No. 23480 – A Resolution Approving The Contract Between The City Of Port Arthur And Oscar Enriquez, MD To Act As The City’s Health Authority And Supervising Physician For The Employee Health Services Clinic. Funds Are Budgeted In The FY 2024 General Fund Professional Service Account 001-23-061-5470-00-50-000 And Employee Health Professional Service Account 001-23-063-5420- 00-50-000 For A Total Not To Exceed $55,000.00 (14) P.R. No. 23481 – A Resolution Authorizing The 2023-2024 Orange County Appraisal District Funding Allocation In An Amount Of $20,755.00 From Account No. 001-07-015-5420-00-10-000 (15) P.R. No. 23484 – A Resolution Authorizing The Second Year (First Renewal) Of The Non-Exclusive Agreement With Witt O'Brien's Of Houston, Texas, For Debris Monitoring Services In The Event Of An Emergency Or Disaster (16) P.R. No. 23485 – A Resolution Authorizing The Second Year (First Renewal) Of The Non-Exclusive Agreement With Crowder Gulf Of Theodore, Alabama, For Debris Removal Services In The Event Of An Emergency Or Disaster 7 AGENDA DECEMBER 5, 2023 VII. CONSENT AGENDA – CONTINUED (17) P.R. No. 23486 – A Resolution Authorizing The Second Year (First Renewal) Of The Non-Exclusive Agreement With SLSCO, LTD Of Galveston, Texas, For Emergency Environmental, Disaster, And Logistical Response Services In The Event Of An Emergency Or Disaster (18) P.R. No. 23487 – A Resolution Authorizing The Second Year (First Renewal) Of The Non-Exclusive Agreement With Cotton Commercial USA Of Katy, Texas, For Emergency Food Services In The Event Of An Emergency Or Disaster (19) P.R. No. 23488 – A Resolution Authorizing The City Manager To Renew Artic Wolf Managed Detection And Response (MDR) Solution From CDW-G Through The Sourcewell Contract #081419-CDW. Funding For The Annual Amount Of $55,853.80 Is Available In The Information Account 001-09-023-5450-00-10-000 (20) P.R. No. 23489 – A Resolution Authorizing City Manager To Execute A One Year Contract With Hawkins, Inc. Of Roseville, Minnesota And Ineos Calabrian Of Port Neches, Texas, For The Purchase Of Liquid Sodium Bisulfite For The Utilities Department With A Total Projected Budgetary Impact Amount Of $135,000.00. Funds Are Available In Utilities Account No. 410-40-225-5217-00-00-000, Treatment Chemicals (21) P.R. No. 23491 – A Resolution Ratifying An Agreement Between The City Manager And Downtown Decorations Inc. Of Houston, Texas, Through The BuyBoard Cooperative Purchasing Program Contract No. 643-21 For The Purchase, Rental, Installation, And Removal Of Holiday Decorations For City Hall In Amount Not To Exceed $79,944.00; Funding Available In Account 001-01-005-5470-00-10- 000, Project No. MA0019-OTH-OCS (22) P.R. No. 23498 – A Resolution Authorizing The Calling Of A Public Hearing On Tuesday December 19, 2023 At 6:00 P.M. To Consider Whether Or Not To Issue A Major Pipeline Permit To Chevron Phillips Petroleum Company, LP Of The Woodlands, Texas For The Installation Of A Twelve Inch (12") Carbon Steel Pipeline Within The City Limits Of Port Arthur, Texas 8 AGENDA DECEMBER 5, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. No. 23459 – A Resolution Authorizing The City Manager To Enter Into A Contract With SCS Engineers Of Houston, Texas, To Provide Professional Engineering Design And Construction Administration Phase Services For Cell 47 At The Landfill For A Not-To-Exceed Amount Of $412,205.00. Budgeted Funds Are Available In The Other Capital Outlay Account, 307-50-000-8525-00-10-000 (2) P.R. No. 23496 – A Resolution Appointing Members To The Port Arthur Youth Advisory Council (YAC) (3) P.R. No. 23497 – A Resolution Appointing Members To The Port Arthur Housing Finance Corporation Board Of Directors (4) P.R. No. 23505 – A Resolution Re-Appointing Antoine L. Freeman As The Municipal Court Judge For The City Of Port Arthur And Establishing The Terms Of Employment In Accordance With Article VIII Of The Charter Of The City Of Port Arthur, Texas B. Ordinances – Non-Consent (1) P.O. No. 7214 – An Ordinance Designating Tuesday, December 26, 2023, As A Legal Holiday (2) P.O. No. 7215 – An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $26,537.50 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Property Damage To Police Vehicle #2210 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: 9 AGENDA DECEMBER 5, 2023 IX. *CLOSED MEETING (EXECUTIVE SESSION) "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 Or Consultation From The City Attorney Regarding Potential And/Or Pending Claims, Contracts, Litigation And Other Legal Matters (2) Section 551.072 Government Code —To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The Corporate Limits Of Port Arthur and Extraterritorial Jurisdiction (ETJ)/Industrial District (3) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The 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 10 AGENDA DECEMBER 5, 2023 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 December 6, 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.