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HomeMy WebLinkAbout(2) 09/12/2023 REGULAR MEETING REGULAR MEETING — September 12, 2023 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Kinlaw gave the invocation. Alexander Gonzales led the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, September 12, 2023 at s9:36 a.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; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. Mayor Pro Tern Tiffany Hamilton joined the Regular Meeting at 9:36 a.m. II. PROCLAMATIONS - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Executive Director Tammy Kotzur Of The Port Arthur Convention And Visitors Bureau Regarding The Cajun Capital Party Port Arthur Convention And Visitors Bureau Executive Director Tammy Kotzur appeared before the City Council to discuss the above-mentioned topic. B. Presentations (1) A Presentation By Staff Regarding Street Completion By Districts And Future Street Projects (Requested By Councilmember Kinlaw) Public Works Director Flozelle Roberts gave the above-mentioned presentation. C. Employee Recognition — None D. Correspondence (1) Communication Regarding The Appointment Of Floyd Batiste To The Economic Development Corporation Board (Requested By Councilmember Lewis) City Secretary Bellard read the above-mentioned communication into the record. IV. PUBLIC HEARING(S) - 9:00 AM (1) A Public Hearing To Consider Whether Or Not Public Convenience And Necessity Require The Operation In The City Of The Proposed Wrecker Company And To Authorize The Chief Of Police To Issue A Wrecker Permit For The Following Named Business: Apex Towing & Recovery Ryan Kuckenbecker, Owner/Operator 6810 Gulfway Drive Port Arthur, TX 77642 The Mayor introduced the above-mentioned Public Hearing at 10:00 a.m. Port Arthur Police Lieutenant Chris Segler appeared before the City Council and gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. No one appeared before the City Council to address the above-mentioned item. Upon the motion of Councilmember Doucet, seconded by Councilmember Beckcom and carried unanimously, the City Council closed the Public Hearing at 10:16 a.m. III. PETITIONS & COMMUNICATIONS E. Discussion (1) A Discussion Regarding The City Turning Off Water Without Notifying Citizens (Requested By Councilmember Doucet) Water Utilities Director Calvin Matthews appeared before the City Council to answer inquires regarding the V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) Councilmember Beckcom expressed appreciation to Utility Operations Director and Dr. Hani Tohme for their handling of the drainage issues in District 3. Mayor Pro Tern Hamiton urged citizens to be aware of those around us who may have mental health concerns. VI. UNFINISHED BUSINESS — None VII. CONSENT AGENDA Upon the motion of Councilmember Doucet. seconded by Councilmember Lewis and carried, the following Consent Agenda items were adopted with the exception of Items (A2) and (A3): IVoting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. A. Travel Expense Reports (A1) Mayor Pro Tern Tiffany Hamilton: Newly Elected Officials Orientation Round Rock, TX July 19-21, 2023 $999.91 Request For Pre-Approval Of Travel Pursuant To 78-269 (b)(8) Of The Code Of Ordinances (ORD 18-63) City Council Minutes 4 Regular Meeting — September 12, 2023 2 (A4) Councilmember Willie Lewis: Texas Economic Development Council Annual Conference (TEDC) Houston, TX October 11-13, 2023 $1,725.28 (A5) Councilmember Thomas Kinlaw: Texas Economic Development Council Annual Conference (TEDC) Houston, TX October 11-13, 2023 $1,725.28 (A6) Councilmember Donald Frank: Texas Economic Development Council Annual Conference (TEDC) Houston, TX October 11-13, 2023 $1,725.28 B. Minutes — None C. Resolutions (1) P.R. No. 23234 — A Resolution Authorizing The City Manager To Purchase The WIC Division Furniture For The New Health Department From Gonzalez Office Products Of Raleigh, North Carolina, Through Omnia Partners Contract No. R- 190302 In The Amount Of $64,755.39. Texas Health And Human Services (HHSC) Grant Funds Are Available In The WIC Account No. 101-23-061-5214-00-50-000, Project No. HG2303.GRE.OSM. No Cash Match Is Required Proposed Resolution No. 23234 was adopted, becoming Resolution No. 23-368. (2) P.R. No. 23248 — A Resolution Authorizing The City Manager To Enter Into Contracts With Consider Us Of Port Arthur, Texas For Group 2 And Smith's Remodeling Of Port Arthur, Texas For Group 3(C) For The Mowing Of Various City Properties, Parks And Right-Of-Ways With A Projected Budgetary Impact Of $37,170.00 (FY2023 $3,540.00 And FY 2024 $33,630.00) Funding Available In Parks Account No. 001-25-065-5311-00-20-000 Proposed Resolution No. 23248 was adopted, becoming Resolution No. 23-369. (2) P.R. No. 23250 — A Resolution Supporting The Acceptance Of The Fiscal Year 2024 Texas Department Of 9 Transportation Selective Traffic Enforcement Program (S.T.E.P.) Grant In The Amount Of $24,448.80 With A 21.22% In-Kind Match. The In-Kind Match Is Covered By Existing Fringe Benefits And Administration Functions Proposed Resolution No. 23250 was adopted, becoming Resolution No. 23-370. 1 (4) P.R. No. 23288 — A Resolution Authorizing The Chief Of Police To Issue A Wrecker Business Permit To Apex Towing And Recovery Located At 6801 Gulfway Drive, Port Arthur, Texas Proposed Resolution No. 23288 was adopted, becoming Resolution No. 23-371. City Council Minutes IRegular Meeting — September 12, 2023 3 (5) P.R. No. 23307 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And The Hispanic Baseball League For The Use Of Leger Baseball Field At Pioneer Park Proposed Resolution No. 23307 was adopted, becoming Resolution No. 23-372. (6) P.R. No. 23310 — A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement With The Port Arthur Independent School District (PAISD) For The School Crossing Guard Program, Not To Exceed $50,000.00; Funding Available In Account No. 001-17-045-5420-00-30- 000 Proposed Resolution No. 23310 was adopted, becoming Resolution No. 23-373. (7) P.R. No. 23314 — A Resolution Authorizing The Landfill's 826K Compactor's Transmission Rebuild By Mustang CAT Of Beaumont, Texas, Through Sourcewell Cooperative Contract No. 032119-CAT For The Not-To-Exceed Amount Of $90,412.11. Funds Are Available In The Public Works Landfill's Equipment Maintenance Account Number 403-50- 320-5318-00-00-000 Proposed Resolution No. 23314 was adopted, becoming Resolution No. 23-374. (8) P.R. No. 23315 — A Resolution Authorizing The City Manager To Purchase Six Extreme 5420M Network Switches From Enterprise Systems Of Houston, TX Through The Texas Department Of Information Resources Contract No. DIR- TSO-4339 In The Amount Of $51,850.48. Funding Available In Information Technology IT Equipment Account 001-09- 023-5241-00-10-000 Proposed Resolution No. 23315 was adopted, becoming Resolution No. 23-375. (9) P.R. No. 23316 — A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates A Convention/Visitors Bureau In Order To Provide Funding Of The 2023-2024 Fiscal Year In The Amount Of $830,000.00, Hotel Occupancy Tax Account No. 140-15-600-5470-00-20-000, HO7912.OTH.00S Proposed Resolution No. 23316 was adopted, becoming Resolution No. 23-376. (10) P.R. No. 23318 — A Resolution Approving A Contract Between The City Of Port Arthur, And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2023-2024 Fiscal Year In The Amount Of $246,336.00, Hotel Occupancy Tax Account No. 140-15-600-5470-00-20-000, HO7904.OTH.00S Proposed Resolution No. 23318 was adopted, becoming Resolution No. 23-377. (11) P.R. No. 23321 — A Resolution Authorizing The City Manager To Rent Equipment With Operators For Dirt Work Operation For The Public Works Department From LS] Trucking, Inc. City Council Minutes Regular Meeting — September 12, 2023 4 Of Beaumont, Texas, For The Not-To-Exceed Amount Of $324,000.00 For 6 Months. Funds Are Available In Public Works Landfill's Account No. 403-50-320-5470-00-00-000 Proposed Resolution No. 23321 was adopted, becoming Resolution No. 23-378. (12) P.R. No. 23322 — A Resolution Authorizing The City Manager To Rent Laminated Mats For The Public Works Department From Midstream Mats & Rentals, Inc. Of Beaumont, Texas Through Competitive Bid Process In The Total Not To Exceed Amount Of $87,360.00. Funds Are Available In The Public Works Landfill's Equipment Rental Account No. 403- 50-320-5402-00-00-000 Proposed Resolution No. 23322 was adopted becoming Resolution No. 23-379. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent Action - Items r (A2) Mayor Pro Tem Tiffany Hamilton: International Economic Development Council Annual Conference (IEDC) Dallas, TX September 17-20, 2023 $3,078.99 The Mayor introduced the above-mentioned Proposed Action Item. The motion was made by Councilmember Kinlaw and seconded by Councilmember Frank that Proposed Action Item (A2) be adopted. The following motion was taken on the motion to adopt Proposed Action Item (A2): Councilmember Beckcom "No" Councilmember Doucet "No" Councilmember Frank "Yes" Mayor Pro Tern Hamilton "Yes" Councilmember Kinlaw "Yes" Councilmember Lewis "No" Mayor Bartie "Yes" The motion to adopt Proposed Action Item (A2) carried. (A3) Mayor Thurman Bartie: Texas Economic Development Council Annual Conference (TEDC) Houston, TX October 11-13, 2023 $1,725.28 The Mayor introduced the above-mentioned Proposed Action Item. The motion was made by Councilmember Lewis, seconded by Mayor Pro Tem Hamilton and carried; Proposed Action Item (A3) was adopted. Voting Yes: Mayor Bartie; Mayor Pro Tem Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. City Council Minutes Regular Meeting — September 12, 2023 5 A. Resolutions (1) P.R. No. 23100 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Doucet and seconded by Councilmember Kinlaw that Proposed Resolution No. 23100 be adopted. Councilmember Beckcom nominated Marc Derouen for appointment to the Citizen's Pipeline Advisory Committee. Mayor Pro Tem Hamilton nominated Charlotte Moses for appointment to the Citizen's Pipeline Advisory Committee. Councilmember Lewis nominated Gerald Hatch for appointment to the Citizen's Pipeline Advisory Committee. Councilmember Kinlaw nominated Matthews Christian for appointment to the Citizen's Pipeline Advisory Committee. Voting Yes: Mayor Bartle; Mayor Pro Tem Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. Proposed Resolution No. 23100 was adopted, becoming Resolution No. 23-380. The caption of Resolution No. 23-380 reads as follows: RESOLUTION NO. 23-380 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE CITIZEN'S PIPELINE ADVISORY COMMITTEE (2) P.R. No. 23273 — A Resolution Authorizing The City Manager To Negotiate A Contract Between The City Of Port Arthur And Biomethane Partners Of Irving, Texas For Engineering Services For The Study, Design, And Conversion Of Landfill Gas To Energy Project The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 23273 was tabled. (3) P.R. No. 23294 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Golf Course Committee The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Beckcom, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 23294 was adopted becoming Resolution No. 23-381. I City Council Minutes Regular Meeting — September 12, 2023 6 Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 23-381 reads as follows: RESOLUTION NO. 23-381 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE GOLF COURSE COMMITTEE A. Ordinances (1) P.O. No. 7174 — An Ordinance Reconsidering Ordinance No. 23-38 As It Pertains To Closing, Vacating, Abandoning, And Conveying A 2.042-Acre Portion Of An Improved Dedicated Public Right-Of-Way, Known As Terminal Road, Port Arthur, Jefferson County, Texas (Requested By Councilmember Doucet) A22-02 (Motiva Enterprises, LLC) The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Doucet, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 7174 was adopted, becoming Ordinance No. 23-40. Voting Yes: Mayor Bartle; Mayor Pro Tern Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Ordinance No. 23-40 reads as follows: ORDINANCE NO. 23-40 AN ORDINANCE RECONSIDERING ORDINANCE NO. 23-38 AS IT PERTAINS TO CLOSING, VACATING, ABANDONING, AND CONVEYING A 2.042-ACRE PORTION OF AN IMPROVED DEDICATED PUBLIC RIGHT-OF-WAY, KNOWN AS TERMINAL ROAD, PORT ARTHUR, JEFFERSON COUNTY, TEXAS (REQUESTED BY COUNCILMEMBER DOUCET) A22-02 (Motiva Enterprises, LLC) (2) P.O. No. 7175 — An Ordinance Of The City Of Port Arthur, Texas, Adding Article II, Division III, Section 2-80 To The Code Of Ordinances Of The City Of Port Arthur, Establishing A Code Of Ethics; Providing For A Penalty For The Violation Of This Ordinance; Providing For Repealing, Savings And Severability Clauses; Providing For An Effective Date Of This Ordinance; And Providing For The Publication Of The Caption Hereof City Council Minutes Regular Meeting — September 12, 2023 7 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Doucet and carried, Proposed Ordinance No. 7175 was adopted becoming Ordinance No. 23-41. Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Ordinance No. 23-41 reads as follows: ORDINANCE NO. 23-41 AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, ADDING ARTICLE II, DIVISION III, SECTION 2-80 TO THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, ESTABLISHING A CODE OF ETHICS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF IX. *CLOSED MEETING (EXECUTIVE MEETING) Closed Meeting: (1) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding Potential And/Or Pending Claims, Contracts, Litigation And Other Legal Matters Involving The City Of Port Arthur (2) Section 551.071 Government Code — Attorney Consultation To Provide Advice And Counsel In Connection With The City's Rights, Duties, Privileges, And Obligations In Connection With Pending Litigation And Negotiations With The International Association of Fire Fighter (IAFF) Local 397 (3) Section 551.074 Government Code — To Discuss The Duties, Responsibilities And Evaluations Of The City Attorney, City Manager, City Secretary And Municipal Court Judge (Requested By Mayor Bartie) I (4) Section 551.087 Government Code — To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect 1 The City Council recessed their meeting at 11:19 a.m. to meet in Executive Session to consider the above-mentioned topics and reconvened their meeting at 1:34 p.m. with the following members present: Mayor Bartle; Mayor Pro Tern Hamilton; Councilmembers Doucet, Kinlaw and Frank; City Manager Burton; Assistant City Secretary Moore; City Attorney Tizeno and Sergeant At Arms Chief Duriso. City Council Minutes Regular Meeting — September 12, 2023 8 MOTION IN OPEN SESSION A MOTION TO EXTEND THE AMBULANCE AGREEMENT WITH ACADIAN AMBULANCE SERVICE FOR AN ADDITIONAL 30 DAYS. Upon the motion of Councilmember Doucet, seconded by Councilmember Kinlaw and carried, the Above-mentioned motion was adopted. Voting Yes: Mayor Bartle; Mayor Pro Tern Hamilton; Councilmembers Doucet, Kinlaw and Frank. Voting No: None. X. ADJOURNMENT OF MEETING Upon the motion by Councilmember Doucet, seconded by Mayor Pro Tern Hamilton and carried unanimously, the City Council adjourned their meeting at 1:36 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 September 12, 2023. APPROVED: City Council Minutes Regular Meeting — September 12, 2023 9