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HomeMy WebLinkAboutJANUARY 08, 2024 REGULAR MEETING 9:30 AM THURMAN BILL BARTIE,MAYOR RO.N RTON 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 IJ rr r HAROLD L.DOUCET,SR. VAL TIZENO THOMAS J.KINLAW,III CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting Monday, January 8, 2024 9:30 A.M . CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Monday, January 8, 2024 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: 868 0874 4359 And Passcode: 020945 (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 January 8, 2024 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) Melissa Chariot Of The National Federation Of The Blind Regarding Eligibility Requirements To Utilize Paratransit Services B. Presentations (1) A Presentation By Acadian Ambulance Service And City Staff Regarding Data From Previous Months September — November, System Status Management Model And GPS Status On Dedicated Acadian Ambulances In The City Of Port Arthur (Requested By Councilmember Kinlaw) (2) A Presentation Regarding The Difference Between A Home-Rule And A General-Law City In Texas (Requested By Councilmember Lewis) AGENDA JANUARY 8, 2024 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) A Presentation By Entergy Regarding Light Outages In Neighborhoods And Upgrades Of New Lighting Source In The City (Requested By Councilmember Kinlaw) C. Employee Recognition — None D. Correspondence — None E. Discussions (1) A Discussion Regarding The Use Of The Paratransit Services (Requested By Councilmember Doucet) (2) A Discussion Regarding Roberts Rules Of Order (Requested By Councilmember Doucet) 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; 2 AGENDA JANUARY 8, 2024 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 A. Resolutions (1) P.R. No. 23469 — A Resolution Approving The First Amended And Restated Agreement For Professional Services And Employment As Chief Executive Officer Of The Port Arthur Section 4A Economic Development Corporation (2) P.R. No. 23494 — A Resolution Approving A Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur For Tuition Reimbursement For Five (5) Port Arthur Resident High School Graduates Attending A 2-Year Associate Degree Program Not To Exceed $67,500.00; Funds Available In EDC Account No. 120-80- 625-5475-00-00-000 (3) P.R. No. 23495 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Utilize Pre- Employment Workforce Training Funds To Implement A 2024 Youth Employment Program In An Amount Not To Exceed $83,200.00; Funds Available In EDC Account No. 120-80-625-5475-00-00-000 3 AGENDA JANUARY 8, 2024 VI. UNFINISHED BUSINESS — CONTINUED (4) P.R. No. 23500 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation's Acceptance Of A Quote And Entering Into A Service Agreement With Panama Equipment Of Cleveland, Texas For The Preventative Maintenance Of Two (2) Generators Servicing The EDC Building Located At 501 Procter Street And 549 4th Street; In An Annual Amount Not To Exceed $11,876.94. Funds Available In EDC Account No. 120-80- 625-5318-00-00-000 (5) P.R. No. — 23526 — A Resolution Authorizing The City Manager To Execute Contract Amendment No. 3, For A Final Contract Completion Date Of March 1, 2024, Amending The Revised Contract Completion Date Of December 17th, 2023 For Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas To Complete Its Development Of A Citywide Master Drainage Plan With No Budgetary Impact B. Ordinances (1) P.O. No. 7220 — An Ordinance Authorizing The Execution Of A Developer Participation Contract Between The City Of Port Arthur And D & T Interest, LLC For The Development Of 3.568 Acres Of Land Located On Jimmy Johnson Boulevard Near The Babe Zaharias Golf Course Pursuant To Sections 212.071 And 212.072 Of The Texas Local Government Code, V.T.C.A. 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. 4 AGENDA JANUARY 8, 2024 VII. CONSENT AGENDA — CONTINUED A. Travel Expense Reports (Al) Mayor Thurman Bartie: National League Of Cities Congressional Cities Conference Atlanta, GA November 15 — 19, 2023 $3,808.71 (A2) Councilmember Thomas Kinlaw: National League Of Cities Congressional Cities Conference Atlanta, GA November 15 — 19, 20231 $2,668.11 B. Minutes August 28, 2023 Special Meeting C. Resolutions (1) P.R. No. 23415 — A Resolution Authorizing The City Manager To Execute The Second Year (First Renewal) Of The Contract With Diamond Shine Building Services Of Port Arthur, Texas, For Janitorial Services For The Development Services Building, Located At 300 4th Street, With An Annual Projected Budgetary Impact Of $37,620.00 And Providing For Carpet Cleaning Services At An Additional Cost; Funding Available In Planning Other Contractual Services Account 001-13-031-5470-00-10-000 (2) P.R. No. 23522—A Resolution Authorizing The City Manager To Enter Into A Contract With Champion Technology Services Of Port Arthur, Texas For The Upgrade Of The Cimplicity HMI And Historian Upgrade At The Water Purification Plant With A Total Projected Budgetary Impact Of $50,103.00; Funding Is Available In Water Utilities Account No. 410-40-210-5318-00-00-000, Equipment Maintenance 5 AGENDA JANUARY 8, 2024 VII. CONSENT AGENDA — CONTINUED (3) P.R. No. 23527 — A Resolution Authorizing The Fire Department To Apply For The 2024 State Homeland Security Program (SHSP) Grant Program In The Amount Of $62,350.00 For The Purchase Of A XPLORIR Handheld Gas Identification System With No Grant Match Requirement (4) P.R. No. 23530 — A Resolution Authorizing The City Manager To Purchase A Variable Frequency Drive For The Centrifuge #1 From Andritz Separation Inc. Of Arlington, Texas With Total Projected Budgetary Impact Of $77,2486.00 Funds Are Available In Water Utilities Account No. 410-40-210-5318-00-00-000, Equipment Maintenance (5) P.R. No. 23531 — A Resolution Authorizing The City Manager To Execute The Third Amendment To The Subaward Agreement With The Texas Parks And Wildlife Department For A Planning Grant For The Repaving Of The Boat Ramp And Fishing Pier Located On Pleasure Island Extending The Agreement Term To December 31, 2024 (6) P.R. No. 23534 — As Resolution Approving The Department Of State Health Services To Increase The Public Workforce Grant For The Port Arthur Health Department By $15,000.00 The Total Amount Of This Grant Will Not Exceed $400,000.00 And Contract Period Will End June 30, 2024 (7) P.R. No. 23535 —A Resolution Authorizing The City Of Port Arthur To Execute A Contract With Burris Transfer & Storage Company Of Beaumont, Texas For The Transfer Of Furniture And Equipment From 449 Austin Avenue To 5860 Ninth Avenue In The Amount Not To Exceed $32,748.05. Funds Budgeted In Project B0006-OTH, Account Number 307-21-049-8512-00-10-00 (8) P.R. No. 23536 — A Resolution Authorizing The Submission Of An Application With The U.S. Department Of Transportation (USDOT) Federal Highway Administration (FHWA) For The 2024 Rebuilding American Infrastructure With Sustainability And Equity (RAISE) Grant Program In The Amount Not To Exceed $25,000,000.00 6 AGENDA JANUARY 8, 2024 VII. CONSENT AGENDA — CONTINUED (9) P.R. No. 23537 — A Resolution Authorizing Amendment No. 2 To The Contract Between The City Of Port Arthur And Traylor And Associates, Inc., Providing For An Additional Year And Nine-Month Term For The Administration Of The Community Development Block Grant — Disaster Recovery (CDBG-DR) — Hurricane Harvey Non- Housing Projects — Infrastructure Program Grant With No Additional Budgetary Impact Amount (10) P.R. No. 23540 —A Resolution Authoring The City Manager To Reject The Bid For The Pleasure Island Park Restrooms Rehabilitation Project And Authorizing The Purchasing Division To Re-Advertise (11) P.R. No. 23541 — A Resolution Authorizing The City Of Port Arthur To Enter Into An Agreement With The Workforce Solutions Southeast Texas Board Of Beaumont, Texas, To Provide Expenditures That The Workforce Solutions Of Southeast Texas Board Can Use As A Match For Additional Child Care Funds Through A Child Care Local Match Contribution Agreement • VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23453 — A Resolution Authorizing The City Manager To Execute A Contract With Allco, LLC Of Beaumont, Texas For The Port Acres Wastewater Treatment Plant Improvement Project With A Projected Budgetary Impact Of $1,288,300.00. Funding Is Available In Account No. 405-40-000-8516-00-00-000, Port Acres WWTP Project No. ARP015 (2) P.R. No. 23525 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction P AGENDA JANUARY 8, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.R. No. 23539 — A Resolution Amending Resolution 23-149 Increasing The Project Allocation By $7,000,000.00 For Engineering, Design, And Construction Of Infrastructure Improvements Along Woodworth Boulevard Between SH 87 (Gulfway Drive) And Lakeshore Drive, Establishing A Revised Budget Amount Of $14,200,000.00. Funding For The Project Is Available In The FY 2022 And FY 2023 Capital Improvement Budgets, Account Number 307- 21-053-8517-00-10-000 (4) P.R. No. 23543 — A Resolution Approving Water And Sewer Adjustments To Valero Services Utility Accounts Due To Leaks And/Or Equipment Malfunction B. Ordinances — Non-Consent (1) P.O. No. 7222 — An Ordinance Of The City Council Of Port Arthur, Texas, Authorizing Participation With Other Entergy Service Area Cities In Matters Concerning Entergy Texas, Inc. At The Public Utility Commission Of Texas In 2024; Authorizing The Hiring Of Lawyers And Rate Experts; Authorizing The City's Participation To The Full Extent Permitted By Law At The Public Utility Commission Of Texas; Finding That The Meeting Complies With The Open Meetings Act; And Declaring An Effective Date (2) P.O. No. 7223 — An Ordinance Authorizing The Sale Of Surplus Furniture And Minor Equipment Through Rene Bates Auctioneers And Global Assets 8 A,. AGENDA JANUARY 8, 2024 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 Incent 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 Involving The City Of Port Arthur (2) Section 551.087 Government Code—To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect (3) 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 *The Items In Executive Session May Be Discussed And Acted On In Open Session 9 AGENDA JANUARY 8, 2024 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 January 9, 2024. 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 *************************************************** i 10 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.