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HomeMy WebLinkAbout(4) 10/10/2023 REGULAR MEETING REGULAR MEETING — October 10, 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, October 10, 2023 at 9:36 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman Bill Bartie; Mayor Pro Tern Tiffany Hamilton; 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. II. PROCLAMATIONS Proclamations The Mayor issued the following Proclamation(s): October 15, 2023 as "White Kane Awareness Day" October 10, 2023 as "Gift of Life Breast And Ovarian Cancer Awareness Day" September - October 2023 as s "Breast And Ovarian Cancer Awareness Months" VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - Resolutions (15) P.R. 23354 — A Resolution Authorizing The City Manager To Accept A Donation From Golden Pass LNG, LLC In The Form Of Two Zoll Auto Pulse Devices For Life Safety To Residents, Visitors And Workers In The City Of Port Arthur In The Event Of Cardiac Arrest Events The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Kinlaw and seconded by Mayor Pro Tem Hamilton that Proposed Resolution No. 23354 be adopted. Port Arthur Fire Chief Greg Benson and staff appeared before the City Council to answer inquiries regarding the above-mentioned topic. • Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. Proposed Resolution No. 23354 was adopted, becoming Resolution No. 23-411. The caption of Resolution No. 23-411 reads as follows: RESOLUTION NO. 23-411 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION FROM GOLDEN PASS LNG, LLC IN THE FORM OF TWO ZOLL AUTO PULSE DEVICES FOR LIFE SAFETY TO RESIDENTS, VISITORS AND WORKERS IN THE CITY OF PORT ARTHUR IN THE EVENT OF CARDIAC ARREST EVENTS III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) A Presentation By Attorney Karen Kennard Regarding An Update Of The Texas Legislative Session Attorney Karen Kennard gave the above-mentioned presentation. (2) A Presentation By Gary Sullivan And Charles Wheeler Of The U.S. Army Corps Of Engineers, Galveston District Regarding An Update On The Port Arthur Project U.S. Army Corps of Engineers Representatives Gary Sullivan and Charles Wheeler gave the above-mentioned presentation. C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Discussion Regarding The Homeless Coalition To Reestablish Regular Meetings Addressing Our Growing Homeless Population And Panhandling Issues Citywide (Requested By Councilmember Beckcom) Discussion was held regarding the above-mentioned topic with no action taken. (2) A Discussion Regarding Current Ordinances Regulating Game Rooms And Possibility Of Charging Additional Fees Which Can Be Used For Other City Services (Requested By Councilmember Beckcom) Discussion was held regarding the above-mentioned topic 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 Frank extended condolences to friends and family of Reverand Theo Maze upon his passing. Mayor Pro Tem Hamilton invited citizens to attend the Heritage Showcase Saturday October 14, 2023 at 5:00 p.m. to be held at the Port Arthur Civic Center. VI. UNFINISHED BUSINESS — None VII. CONSENT AGENDA City Council Minutes Regular Meeting - October 10, 2023 2 Upon the motion of Mayor Pro Tern Hamilton, seconded by Councilmember Lewis and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 23115 and 23139: Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. A. Travel Expense Reports — None B. Minutes June 20, 2023 Regular Meeting June 21, 2023 Special Meeting C. Resolutions (3) P.R. 23182 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Sitek Omni Services, LLC Of Spring, Texas, For The Removal And Disposal Of Unforeseen Building Materials During Demolition, Abatement, And Cleaning Of The Gates Building With A Budgetary Impact Of $20,800.00. Funding Is Available In Account No. 307-21- 049-8512-00-10-000 (Capital Improvement Fund — City Facilities Improvements), Project No. B00016-CON Proposed Resolution No. 23182 was adopted, becoming Resolution No. 23-412. I (4) P.R. 23209 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 For The Contract Between The 1 City Of Port Arthur And AAA Asphalt Paving, Inc. Increasing The Contract Amount By $55,200.00 To A New Contract Amount Of $564,552.00, For Port Arthur Transit's Dallas And Fort Worth Avenues Road Reconstruction Project; Funds Available In Account 401-70-530-8525-00-60-000, Project DR1P06 Proposed Resolution No. 23209 was adopted, becoming Resolution No. 23-413. (5) P.R. 23210 — A Resolution Approving The Contract Amendment Between The City Of Port Arthur And The Department Of State Health Services To Add $21,274.00 And Extend The Contract Period To August 31, 2024, Bringing The Total Not-To-Exceed Amount Of This Contract To $58,311.00, Which Includes The City's Total Match Of $5,928.00 Proposed Resolution No. 23210 was adopted, becoming Resolution No. 23-414. (6) P.R. 23298 — A Resolution Authorizing The City Manager To Enter Into A Contract With Custom Products Corporation Of Jackson, Mississippi, Through The BuyBoard Cooperative Purchasing Program Contract No. 703-23 For The Purchase Of Traffic Signs And Mounting Equipment, With A Budgetary Impact Amount Of $80,000.00. Funding Is Available In Account No. 001-21-057-5321-00-70-000 City Council Minutes Regular Meeting — October 10, 2023 3 Proposed Resolution No. 23298 was adopted becoming Resolution No. 23-415. (7) P.R. 23299 — A Resolution Authorizing The City Manager To Enter Into A Contract With Cubic ITS, Inc. Of Sugar Land, Texas, Through BuyBoard Contract No. 703-23 And Traffic Parts, Inc. Of Conroe, Texas, Through BuyBoard Contract Nos. 698-23 And 703-23 For The Purchase Of Traffic Signals And Cabinets, With A Budgetary Impact Of $80,000.00. Funding Is Available In Account No. 001-21-057-5321-00- 70-000 Proposed Resolution No. 23299 was adopted, becoming Resolution No. 23-416. (8) P.R. 23308 — A Resolution Authorizing The City Manager To Execute Change Orders No. 1 And No. 2 For The Contract Between The City Of Port Arthur And Greenscapes Six, LLC. Of Baytown, Texas Increasing The Contract Amount By $4,064.00 To A New Contract Amount Of $157,355.00, For Port Arthur Transit's Bus Pad Project Round 1; Funds Available In Account 401-70-530-8525-00-60-000, Project TR11316 CAP.00O Proposed Resolution No. 23308 was adopted, becoming Resolution No. 23-417. (9) P.R. 23327 — A Resolution Authorizing The City Manager To Purchase 1,000 Garbage Cans From Sierra Container Group Of Ocala, Florida, Under NCPA/Omnia Partners Cooperative Purchasing Contract No. 02-58, In The Amount Of $62,900.00. Funding Is Available In The Public Works Solid Waste Residential Garbage Division — Minor Equipment Account, Account Number 403-50-310-5240-00-00-000 Proposed Resolution No. 23327 was adopted, becoming Resolution No. 23-418. (10) P.R. 23332 — A Resolution Authorizing The City Manager To Enter Into A Contract With SCS Engineers Of Houston, Texas, For Groundwater, Landfill Gas, And Air Quality Monitoring At The Landfill For $129,100.00. Funds Are Available In Public Works Department Landfill Division — Professional Services Account, 403-50-320-5420-00-00-000 Proposed Resolution No. 23332 was adopted, becoming Resolution No. 23-419. (11) P.R. 23335 — A Resolution Authorizing The Payment To Computer Information Systems, Inc. Of Skokie, Illinois For The Annual License Renewal Fee For Maintenance Of The Police And Fire Department Computer Aided Dispatch, Record Management System And MCS/AVL Server, In The Amount Of $51,477.06; Funding Available In 001-17-045- 5491-00-30-000 Proposed Resolution No. 23335 was adopted, becoming Resolution No. 23-420. (12) P.R. 23336 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Elite Contractors & Equipment, LTD, Of Kirbyville, Texas For The Mechanic Street And S. 1st Avenue Roadway Reconstruction Project In Sabine Pass, Texas For The Amount Of $2,565,230.00. City Council Minutes Regular Meeting — October 10, 2023 4 Funding Available In The Capital Improvement Street Account No. 307-21-053-8517-00-10-000 And TXDOT Account Number 161-07-015-8517-00-60-000. Project ST1P9O.CON Proposed Resolution No. 23336 was adopted, becoming Resolution No. 23-421. (13) P.R. 23337 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Boss Construction Services, LLC, Of Baytown, Texas, For The Addition Of Conduit At Peoples Park For The Lump Sum Amount Of $1,842.00 For The Sidewalk Repairs At Various Parks Project. Funding Is Available In The Parks Project Account Number 105-13- 033-5111-00-40-000. Project No. CD7104-GRE-OCS Proposed Resolution No. 23337 was adopted, becoming Resolution No. 23-422. (14) P.R. 23338 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Elite Contractors & Equipment, LTD, Of Kirbyville, Texas, To Install A Monument Slab And Application Of Epoxy Coal Tar At Mudlines At The Sabine Pass Boat Ramp Improvement Project In Sabine Pass, Texas For The Amount Of $74,723.00. Funding Is Available In Capital Improvements Project Account 152-60-415- 8525-00-00-000; Project No. PR0007-CON; American Rescue Plan Act (ARPA) Account 169-07-015-8525-00-40- 000, Project No. ARP013 Proposed Resolution No. 23338 was adopted, becoming Resolution No. 23-423. (16) P.R. 23355 — A Resolution Authorizing The City Manager To Allow The Fire Department To Apply For A Grant From Motiva's 2023 First Responder Grant Program, With No Cash Match, In The Amount Of $10,000.00 For The Purchase Of Two (2) Positive Pressure Ventilation Fans Proposed Resolution No. 23355 was adopted, becoming Resolution No. 23-424. (17) P.R. 23358 — A Resolution Authorizing The City Manager To Participate In The Grant Application Process To Texas Division Of Emergency Management (TDEM) For The FEMA Hazard Mitigation Grant Program (HMGP) For The City Of Port Arthur Fire Risk Management Proposed Resolution No. 23358 was adopted, becoming Resolution No. 23-425. (18) P.R. 23364 — A Resolution Designating And Establishing The Island Invasion Tournament Area, Designating The Professional Disc Golf Association As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof Proposed Resolution No. 23464 was adopted, becoming Resolution No. 23-426. (19) P.R. 23365 — A Resolution Authorizing The City Manager To Allow The Police Department To Apply For The Motiva First Responders Grant, With No Cash Match City Council Minutes IRegular Meeting — October 10, 2023 5 Proposed Resolution No. 23365 was adopted, becoming Resolution No. 23-427. (20) P.R. 23370 — A Resolution Calling For A Public Hearing To Consider A Zoning Map Amendment For Approximately 2.016-Acres Of Land Consisting Of A Portion Of Lots 1 & 8, TR 1, Block 13, Range K, Port Arthur Land Company Subdivision, T. & N.O RR Co. Survey No. 11, Abstract No. 243, (Property Is Located North Of Medical Center Boulevard And East Of F.M. Highway 365), City Of Port Arthur, Jefferson County, Texas Proposed Resolution No. 23370 was adopted, becoming Resolution No. 23-428. (21) P.R. 23372 — A Resolution Authorizing Payment Of Annual Service Fees For Naviline ASP To Superion LLC In The Amount Of $89,570.08. Account No. 001-09-023-5420-00- 10-000 Proposed Resolution No. 23372 was adopted, becoming Resolution No. 23-429. (22) P.R. 23373 — A Resolution Authorizing The Roof Replacement For The Gates Building By Marsh Waterproofing, Inc. Of Vidor, Texas, With A Projected Budgetary Impact Of $180,500.00 Through Region 5 Education Service Center (ESC) Contract Numbers 20230301, 20220403 And 20230305. Funding Is Available In The Capital Improvement Fund — City Facility Improvements Account, 307-21-049-8512-00-10-000 Proposed Resolution No. 23373 was adopted, becoming Resolution No. 23-430. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - Resolutions (1) P.R. 23115 — A Resolution Authorizing The City Manager To Execute A Contract With Global Emergency Services, LLC Of Beaumont, Texas, For Trash Collection. Funding Is Available In The Revenue Loss-Garbage Collection Support Account, ARP010-GRE-RNT, For The Not-To-Exceed Amount Of $150,000.00 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Frank and carried, Proposed Resolution No. 23115 was adopted becoming Resolution No. 23-431. Voting Yes: Mayor Bartie; Mayor Pro Tem Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 23-431 reads as follows: City Council Minutes Regular Meeting — October 10, 2023 6 RESOLUTION NO. 23-431 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GLOBAL EMERGENCY SERVICES, LLC OF BEAUMONT, TEXAS, FOR TRASH COLLECTION. FUNDING IS AVAILABLE IN THE REVENUE LOSS-GARBAGE COLLECTION SUPPORT ACCOUNT, ARP010-GRE-RNT, FOR THE NOT- TO-EXCEED AMOUNT OF $150,000.00 (2) P.R. 23139 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Contract Between The City Of Port Arthur And LJA Engineering Of Beaumont, Texas, Extending The El Vista Drainage Pump Station Project Duration By 75 Calendar Days Until January 19, 2024. There Is No Budgetary Impact For The Extension The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Lewis and seconded by Councilmember Beckcom that Proposed Resolution No. 23139 be adopted. Councilmember Doucet made the following statement for the record: Extensions, increase in monies, all of these change orders, we need to have justification. And people that sign those contracts need to be held accountable. That's why we put the penalty portion in those contracts. You don't finish it by this time you're fined X amount of dollars a day. If they don't finish it let them start paying. I bet they will finish them on time then. Okay, so let's pay attention to that key word change orders. Let's not let change orders be for the convenience of people we've already contracted with. That's not what this is for. Voting Yes: Mayor Bartie; Mayor Pro Tem Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. Proposed Resolution No. 23139 was adopted, becoming Resolution No. 23-432. The caption of Resolution No. 23-432 reads as follows: RESOLUTION NO. 23-432 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND LJA ENGINEERING OF BEAUMONT, TEXAS, EXTENDING THE EL VISTA DRAINAGE PUMP STATION PROJECT DURATION BY 75 CALENDAR DAYS UNTIL JANUARY 19, 2024. THERE IS NO BUDGETARY IMPACT FOR THE EXTENSION A. Resolutions (1) P.R. 23216 — A Resolution Approving The First Amendment To The Performance Agreement Between The City Of Port City Council Minutes Regular Meeting — October 10, 2023 7 Arthur Section 4A Economic Development Corporation And Mid Co. Shopping Plaza, LLC; Funds Available In EDC Account No. 120-80-625-5478-00-00-000 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Doucet, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 23216 was adopted becoming Resolution No. 23-433. Voting Yes: Mayor Bartle; Mayor Pro Tem Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 23-433 reads as follows: RESOLUTION NO. 23-433 A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PERFORMANCE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND MID CO. SHOPPING PLAZA, LLC; FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-80-625-5478-00-00- 000 (2) P.R. 23217 — A Resolution Approving The First Amendment To The Pre-Employment Workforce Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur; Increase Funding By $25,040.00 For A Revised Not To Exceed Amount Of $145,040.00; Funds Available In EDC Account No. 120-80-625-5475-00-00-00 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 23217 was adopted becoming Resolution No. 23-434. Voting Yes: Mayor Bartie; Mayor Pro Tem Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 23-434 reads as follows: RESOLUTION NO. 23-434 A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PRE-EMPLOYMENT WORKFORCE TRAINING AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND LAMAR STATE COLLEGE PORT ARTHUR; INCREASE FUNDING BY $25,040.00 FOR A REVISED NOT TO EXCEED AMOUNT OF $145,040.00; FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-80-625-5475-00-00-00 City Council Minutes Regular Meeting — October 10, 2023 8 (3) P.R. 23341 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Professional Services Agreement With Schaumburg & Polk, Inc. For The Engineering Services Related To Improvements To The Existing Lift Station Serving The Spur 93 Business Park In An Amount Not To Exceed $37,200.00; Funds Available In EDC Account No. 120-80-625-5479-00-00-000 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Lewis, seconded by Mayor Pro Tern Hamilton and carried, Proposed Resolution No. 23341 was adopted becoming Resolution No. 23-435. Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 23-435 reads as follows: RESOLUTION NO. 23-435 A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH SCHAUMBURG & POLK, INC. FOR THE ENGINEERING SERVICES RELATED TO IMPROVEMENTS TO THE EXISTING LIFT STATION SERVING THE SPUR 93 BUSINESS PARK IN AN AMOUNT NOT TO EXCEED $37,200.00; FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-80-625-5479-00-00-000 (4) P.R. 23359 — A Resolution Accepting A Public Water And Wastewater Utility Easement From H&P Engineering & Construction, Inc. For The Willow Lane Townhomes Development The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Beckcom, seconded by Councilmember Doucet and carried, Proposed Resolution No. 23359 was adopted becoming Resolution No. 23-436. Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 23-436 reads as follows: RESOLUTION NO. 23-436 A RESOLUTION ACCEPTING A PUBLIC WATER AND WASTEWATER UTILITY EASEMENT FROM H&P ENGINEERING & CONSTRUCTION, INC. City Council Minutes Regular Meeting — October 10, 2023 9 FOR THE WILLOW LANE TOWNHOMES DEVELOPMENT (5) P.R. 23362 — A Resolution Authorizing The City Manager To Revise The American Rescue Plan Act (ARPA) Project Categories Which Were Previously Approved The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Franko and carried, Proposed Resolution No. 23362 was adopted becoming Resolution No. 23-437. Voting Yes: Mayor Bartle; Mayor Pro Tem Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 23-437 reads as follows: RESOLUTION NO. 23-437 A RESOLUTION AUTHORIZING THE CITY MANAGER TO REVISE THE AMERICAN RESCUE PLAN ACT (ARPA) PROJECT CATEGORIES WHICH WERE PREVIOUSLY APPROVED (6) P.R. No. 23363 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Police Chief Advisory Committee (Requested By Councilmember Kinlaw) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Kinilaw and seconded by Councilmember Frank that Proposed Resolution No. 23363 be adopted. Councilmember Kinlaw nominated Mike Mason and Langston Adams to the Police Advisory Committee. Voting Yes: Mayor Bartie; Mayor Pro Tem Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. Proposed Resolution No. 23363 was adopted, with the above-mentioned names included, becoming Resolution No. 23-438 The caption of Resolution No. 23-438 reads as follows: RESOLUTION NO. 23-438 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE PORT ARTHUR POLICE CHIEF ADVISORY COMMITTEE (REQUESTED BY COUNCILMEMBER KINLAW) (7) P.R. 23366 — A Resolution Authorizing Acceptance Of The Contractor's Certificate And Release, The Contractor's City Council Minutes Regular Meeting — October 10, 2023 10 Certificate Of Guarantee From H&P Engineering And Construction, Inc. Of Port Arthur, Texas For Willow Lane Townhomes And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Doucet, seconded by Councilmember Beckcom and carried, Proposed Resolution No. 23366 was adopted becoming Resolution No. 23-439. Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Resolution No. 23-439 reads as follows: RESOLUTION NO. 23-439 A RESOLUTION AUTHORIZING ACCEPTANCE OF THE CONTRACTOR'S CERTIFICATE AND RELEASE, THE CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM H&P ENGINEERING AND CONSTRUCTION, INC. OF PORT ARTHUR, TEXAS FOR WILLOW LANE TOWNHOMES AND AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS (8) P.R. No. 23371 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Mayor Pro Tem Hamilton) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Hamilton and seconded by Councilmember Lewis that Proposed Resolution No. 23371 be adopted. Mayor Pro Tem Hamilton nominated Claytons Clark, III. and Michelle Honey Hamilton for appointment to the Beautification Commission. Voting Yes: Mayor Bartle; Mayor Pro Tern Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. Proposed Resolution No. 23371 was adopted, becoming Resolution No. 23-440. The caption of Resolution No. 23-440 reads as follows: RESOLUTION NO. 23-440 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE BEAUTIFICATION COMMISSION (REQUESTED BY MAYOR PRO TEM HAMILTON) A. Ordinances City Council Minutes Regular Meeting — October 10, 2023 11 (1) P.O. No. 7167 — An Ordinance Amending Chapter 110 (Utilities), Article II (Water), Division 1 (Generally), By Adding Sections 110-37 Through 110-37.11 Code Of Ordinances Of The City Of Port Arthur, As It Pertains To A Water Maintenance Plan The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Franki and carried, Proposed Ordinance No. 7167 was adopted becoming Ordinance No. 23-45. Voting Yes: Mayor Bartie; Mayor Pro Tern Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. The caption of Ordinance No. 23-45 reads as follows: ORDINANCE NO. 23-45 AN ORDINANCE AMENDING CHAPTER 110 (UTILITIES), ARTICLE II (WATER), DIVISION 1 (GENERALLY), BY ADDING SECTIONS 110-37 THROUGH 110-37.11 CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, AS IT PERTAINS TO A WATER MAINTENANCE PLAN (3) P.O. No. 7182— An Ordinance Adding Section 2-53 To Chapter 2 (Administration), Article II (City Council), Division 2 (Meetings) To The Code Of Ordinances As It Pertains To Working Meetings (Requested By Councilmember Frank) The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Doucet and seconded by Councilmember Beckcom that Proposed Ordinance No. 7182 be adopted. The following persons appeared before the City Council to speak regarding the above- mentioned topic: Yadi Cardenas Gloria Sanchez Joane Jones Reginald Trainer Simion Queen Rosiland Queen Voting Yes: Mayor Bartle Voting No: Mayor Pro Tern Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. The motion to adopt Proposed Ordinance No. 7182 failed. (4) P.O. No. 7183— An Ordinance Adding Section 2-54 To Chapter 2 (Administration), Article II (City Council), Division 2 (Meetings) To The Code Of Ordinances As It City Council Minutes Regular Meeting — October 10, 2023 12 Pertains To A Prohibition Of Purchasing Meals For Personal Use (Requested By Councilmember Doucet) The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Kinlaw and seconded by Councilmember Lewis that Proposed Ordinance No. 7183 be adopted. Upon the motion of Councilmember Doucet, seconded by Coiunvilmembe4r Lewis Proposed Ordinance No. 7183 was removed from the agenda. Voting Yes: Mayor Bartle; Mayor Pro Tem Hamilton; Councilmembers Lewis, Beckcom, Doucet, Kinlaw and Frank. Voting No: None. 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 Contemplated Or 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 Bartle) (4) Section 551.087 Government Code — To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect The City Council recessed their meeting at 12:42 p.m. to meet in Executive Session to consider the above-mentioned topics and reconvened their meeting at 2:53 p.m. with the following members present: Mayor Bartie; Councilmembers Lewis, Beckcom, Kinlaw and Frank; City Manager Burton; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Duriso. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Ordinances (2) P.O. No. 7179 — An Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The International Association Of Fire Fighters Local 397; Effective October 1, 2023 Through September 30, 2024 The Mayor introduced the above-mentioned Proposed Ordinance. City Council Minutes Regular Meeting — October 10, 2023 13 Upon the motion of Councilmember Kinlaw, seconded by Councilmember Frank and carried, Proposed Ordinance No. 23-46. Voting Yes: Mayor Bartle; Councilmembers Lewis, Beckcom, Kinlaw and Frank. Voting No: None. The caption of Ordinance No. 23-46 reads as follows: ORDINANCE NO. 23-46 AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 397; EFFECTIVE OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024 MOTION IN OPEN SESSION The City Attorney read the following motion into the record: The City Council Agrees To Waive Liens With Tender Loving Care In The Amount Of $17,986.20 And To Clarify $5,000.00 From The City Manager's Authority Has Already Been Given. Upon the motion of Councilmember Lewis, seconded by Councilmember Beckcom and carried, the above-mentioned motion was adopted. Voting Yes: Mayor Bartle; Councilmembers Lewis, Beckcom, Kinlaw and Frank. Voting No: None. X. ADJOURNMENT OF MEETING The Mayor adjourned their meeting at 2:53 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 October 10, 2023. APPROVED: City Council Minutes Regular Meeting — October 10, 2023 14