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HomeMy WebLinkAbout(3) 01/08/2024 REGULAR MEETING REGULAR MEETING —January 8, 2024 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 Monday, January 8, 2024 at 9:55 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman Bill Bartle; Mayor Pro Tem Tiffany Hamilton; Councilmembers Willie "Bae" Lewis, Harold Doucet, Thomas Kinlaw, III. and Donald Frank Sr.; City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. Councilmember Doneane Beckcom was absent from the Regular Meeting. II. PROCLAMATIONS — None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Melissa Chariot Of The National Federation Of The Blind Regarding Eligibility Requirements To Utilize Paratransit Services Melissa Chariot, 2444 Julian, appeared before the City Council to discuss the above- mentioned topic. E. Discussion (1) A Discussion Regarding The Use Of The Paratransit Services (Requested By Councilmember Doucet) Transit Director Ivan Mitchell appeared before the City Council to answer inquiries regarding paratransit services. Discussion was held with no action taken. 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) Acadian Ambulance Representatives gave the above-mentioned presentation. Fire Chief Greg Benson appeared before the City Council to answer inquiries regarding the ambulance service in the city. (2) A Presentation Regarding The Difference Between A Home- Rule And A General-Law City In Texas (Requested By Councilmember Lewis) City Attorney Tizeno gave the above-mentioned presentation. (3) A Presentation By Entergy Regarding Light Outages In Neighborhoods And Upgrades Of New Lighting Source In The City (Requested By Councilmember Kinlaw) Entergy Representative Armstrong gave the above-mentioned presentation. C. Employee Recognition - None D. Correspondence - None E. Discussion (2) A Discussion Regarding Roberts Rules Of Order (Requested By Councilmember Doucet) Discussion was held with no action taken. IV. PUBLIC HEARING(S) - 9:00 AM NONE V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) Councilmember Lewis requested an update on recognizing city employees with perfect attendance. 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Doucet and carried, Proposed Resolution No. 23469 was tabled. Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Doucet, Kinlaw and Frank. Voting No: None. (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, second by Councilmember Doucet and carried, Proposed Resolution No. 23494 was tabled. City Council Minutes Regular Meeting —January 8, 2024 2 Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Doucet, Kinlaw and Frank. Voting No: None. (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Lewis and carried, Proposed Resolution No. 23495 was tabled. Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Doucet, Kinlaw and Frank. Voting No: None. (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Kinlaw and seconded by Councilmember Doucet that Proposed Resolution No. 23500 be adopted. EDC CEO Terry Stokes appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Doucet, Kinlaw and Frank. Voting No: None. Proposed Resolution No. 23500 was adopted, becoming Resolution No. 24-001. The caption of Resolution No. 24-001 reads as follows: RESOLUTION NO. 24-001 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 City Council Minutes Regular Meeting —January 8, 2024 3 501 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Doucet and carried, Proposed Resolution No. 23526 was adopted becoming Resolution No. 24-002. Voting Yes: Mayor Bartle; Mayor Pro Tem Hamilton; Councilmembers Lewis, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 24-002 reads as follows: RESOLUTION NO. 24-002 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 (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. The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Frank and carried, Proposed Ordinance No. 7220 was adopted becoming Ordinance No. 24-01. Voting Yes: Mayor Bartle; Mayor Pro Tern Hamilton; Councilmembers Lewis, Doucet, Kinlaw and Frank. Voting No: None. The caption of Ordinance No. 24-01 reads as follows: City Council Minutes Regular Meeting —January 8, 2024 4 R ORDINANCE NO. 24-01 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 Upon the motion of Councilmember Kinlaw, seconded by Councilmember Doucet and carried, the following Consent Agenda items were adopted: Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Doucet, Kinlaw and Frank. Voting No: None. A. Travel Expense Reports (A1) 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 Proposed Resolution No. 23415 was adopted, becoming Resolution No. 24-003. (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 City Council Minutes Regular Meeting — January 8, 2024 5 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 Proposed Resolution No. 23522 was adopted, becoming Resolution No. 24-004. (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 Proposed Resolution No. 23527 was adopted, becoming Resolution No. 24-005. (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 Proposed Resolution No. 23530 was adopted, becoming Resolution No. 24-006. (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 Proposed Resolution No. 23531 was adopted, becoming Resolution No. 24-007. (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 Proposed Resolution No. 23534 was adopted, becoming Resolution No. 24-008. (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 Proposed Resolution No. 23535 was adopted, becoming Resolution No. 24-009. (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 Proposed Resolution No. 23536 was adopted, becoming Resolution No. 24-010. City Council Minutes Regular Meeting —January 8, 2024 6 (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 Proposed Resolution No. 23537 was adopted, becoming Resolution No. 24-011. (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 Proposed Resolution No. 23540 was adopted, becoming Resolution No. 24-012. (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 Proposed Resolution No. 23541 was adopted, becoming Resolution No. 24-013. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 23453 was adopted becoming Resolution No. 24-014. Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 24-014 reads as follows: RESOLUTION NO. 24-014 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ALLCO, LLC OF BEAUMONT, TEXAS FOR THE PORT ACRES WASTEWATER TREATMENT PLANT City Council Minutes Regular Meeting —January 8, 2024 7 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Lewis, seconded by Councilmember Doucet and carried, Proposed Resolution No. 23525 was adopted becoming Resolution No. 24-015. Voting Yes: Mayor Bartie; Mayor Pro Tem Hamilton; Councilmembers Lewis, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 24-015 reads as follows: RESOLUTION NO. 24-015 A RESOLUTION APPROVING WATER AND SEWER ADJUSTMENTS TO CERTAIN UTILITY ACCOUNTS DUE TO LEAKS AND/OR EQUIPMENT MALFUNCTION (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Kinlaw and seconded by Councilmember Frank that Proposed Resolution No. 23539 be adopted. Finance Director Lynda Boswell appeared before the City Council to answer inquiries regarding the above-mentioned topic. The following citizens appeared before the City Council to speak regarding the above- mentioned project: Jerry Norse Joan Jones Rosalind Queen Gloria Sanchez The following roll call vote was taken of the motion to adopt Proposed Resolution No. 23539: Councilmember Doucet "No" City Council Minutes Regular Meeting —January 8, 2024 8 Councilmember Frank "Yes" Mayor Pro Tern Hamilton "Yes" Councilmember Kinlaw "Yes" Councilmember Lewis "No" Mayor Bartie "Yes" Proposed Resolution No. 23539 was adopted, becoming Resolution No. 24-016. The caption of Resolution No. 24-016 reads as follows: RESOLUTION NO. 24-016 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Doucet and carried, Proposed Resolution No. 23543 was tabled. Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Doucet, Kinlaw and Frank. Voting No: None. B. Ordinances (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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Lewis, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 7222 was adopted becoming Ordinance No. 24-02. Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Doucet, Kinlaw and Frank. City Council Minutes Regular Meeting —January 8, 2024 9 Voting No: None. The caption of Ordinance No. 24-02 reads as follows: ORDINANCE NO. 24-02 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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Lewis, seconded by Councilmember Frank and carried, Proposed Ordinance No. 7223 was adopted becoming Ordinance No. 24-03. Voting Yes: Mayor Bartie; Mayor Pro Tem Hamilton; Councilmembers Lewis, Doucet, Kinlaw and Frank. Voting No: None. The caption of Ordinance No. 24-03 reads as follows: ORDINANCE NO. 24-03 AN ORDINANCE AUTHORIZING THE SALE OF SURPLUS FURNITURE AND MINOR EQUIPMENT THROUGH RENE BATES AUCTIONEERS AND GLOBAL ASSETS IX. *CLOSED MEETING (EXECUTIVE MEETING) 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 City Council Minutes Regular Meeting —January 8, 2024 10 (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 City Council recessed their meeting at 1:08 p.m. to meet in Executive Session to consider the above-mentioned topics and reconvened their meeting at 1:49 p.m. with the following members present: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Kinlaw and Frank; City Manager Burton; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Duriso. MOTION IN OPEN SESSION The City Secretary read the following motion into the record: A Motion To Amend The Previous Motion For Deed Restrictions For The South Sections Of Terminal Road To Read As Follows: Motiva And/Or Its Heirs Will Be Prohibited From The Installation Of Refining Operational And/Or Processing Units On Tracts Of Land, Known A Terminal Road Upon the motion of Councilmember Kinlaw, seconded by Councilmember Lewis and carried, the above-mentioned motion was adopted. X. ADJOURNMENT OF MEETING Upon the motion by Councilmember Frank seconded by Councilmember Kinlaw and carried unanimously, the City Council adjourned their meeting at 1:56 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: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD January 8, 2024. APPROVED: . City Council Minutes Regular Meeting —January 8, 2024 11