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HomeMy WebLinkAboutFEBRUARY 27, 2024 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, February 27, 2024 9:30 A.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, February 27, 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: 846 2364 0991 And Passcode: 825944 (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 February 27, 2024 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) Wayne Dolcefino Of Dolcefino Consulting Regarding Ambulance Contract (2) Aziel Flores, Angel Galvan and R. Maud Of Eleven Investment LLC Regarding A New Youth Project For Port Arthur B. Presentations (1) A Presentation By PGAL, Inc. And Staff Regarding The Status Of The New City Of Port Arthur Animal Service Facility (2) A Presentation By Chandra Alpough, Director Of Parks & Recreation Regarding An Update On The Dog Park 2 AGENDA FEBRUARY 27, 2024 III. PETITIONS & COMMUNICATIONS – CONTINUED (3) A Presentation By BRW Regarding The Status Of Fire Station No 3 (Port Acres Station) Reconstruction Project C. Employee Recognition – None D. Correspondence (1) Regina Drake Regarding Paratransit Services E. Discussions (1) A Discussion Regarding The Lake Arthur Detention Pond (Requested By Councilmember Beckcom) (2) A Discussion Regarding The Willow Lakes Townhome Development And Violations Of The Developer Agreement (Requested By Councilmember Beckcom) (3) A Discussion Regarding Ambulatory Contract Services In Port Arthur (Requested By Councilmember Kinlaw) (4) A Discussion Regarding Paratransit Services (Requested By Councilmember Doucet) (5) A Discussion Regarding Homeless Encampment (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; 3 AGENDA FEBRUARY 27, 2024 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) – CONTINUED (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 (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. 4 AGENDA FEBRUARY 27, 2024 VII. CONSENT AGENDA – CONTINUED A. Travel Expense Reports – None B. Minutes February 12, 2024 Special Meeting February 12, 2004 City Council & EDC Joint Special Meeting February 13, 2024 Special Meeting (Executive Session) February 13, 2024 Regular Meeting C. Resolutions (1) P.R. No. 23542 – A Resolution Authorizing The City Manager To Enter Into An Agreement With Construction Zone Of Southeast Texas, LLC Of Nederland, Texas, For The Construction Of The City Of Port Arthur Animal Services Center Building, To Be Located At 3615 Gates Boulevard, Port Arthur, Texas, In The Amount Of $7,365,000.00; Funding Available In Capital Projects/Buildings Account No. 307-21- 049-8512-00-10-000; Project No. BU0008 (2) P.R. No. 23555 – 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 The Provision Of On-Call Engineering-Related Consulting And Grant Application Support Services In An Amount Not To Exceed $25,000.00; Funds Available In PAEDC Account No. 120-80-625-5420-00-00-000 (3) P.R. No. 23556 – A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation (PAEDC) To Enter Into A Professional Services And Consulting Agreement With Retail Strategies, LLC For The Provision Of A Community Development Partnership And Downtown Strategic Visioning Plan & Implementation Support Services For An Amount Not To Exceed $45,000.00; Funds Available In PAEDC Account No. 120-80-625- 5420-00-000 5 AGENDA FEBRUARY 27, 2024 VII. CONSENT AGENDA – CONTINUED (4) P.R. No. 23565 – A Resolution Accepting An Easement From JG Realty And Investment, LLC For Stormwater Drainage Near The Pinewood Reserve Apartment On FM Highway 365 Out Of Lots 14 And 15, Block 8, Hillcrest Second Addition In The City Of Port Arthur, Jefferson County (5) P.R. No. 23575 – A Resolution Authorizing The City Manager To Execute A Contract With Tri-Con, Inc. Of Beaumont, Texas For The Purchase Of Gasoline And Ultra Low Sulfur Diesel Fuel For The Port Arthur Transit Department With An Annual Total Projected Budgetary Impact Amount Of $90,000.00; Funds Are Available In Project TR2402 Account Nos. 401-70-505-5230-00-60-000 ($40,000.00 For Gasoline); And 401-70-525-5230-00-60-000 ($50,000.00 For Diesel) (6) P.R. No. 23580 – A Resolution Ratifying The City Manager’s Decision To Apply For The FY 2025 Body-Worn Camera Grant (7) P.R. No. 23581 – A Resolution Authorizing The City Manager To Purchase 598 Garbage Cans From Sierra Container Group Of Ocala, Florida, Under Omnia Partners Cooperative Purchasing Contract No. 02-149, In The Amount Of $37,232.00. Funding Is Available In The Public Works Solid Waste Residential Garbage Division – Minor Equipment Account, Account Number 403-50-310-5240-00-00-000 (8) P.R. No. 23587 – A Resolution Authorizing The City Manager To Enter Into A Contract With Panama Equipment, Houston, Texas For Repairs To Station #5 Concrete Driveway In The Amount Not To Exceed $45,854.55 With Funding Available In Fire Department Building Maintenance Account No. 001-19-047-5312-00-30-000 (9) P.R. No. 23590 – A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract With King Solutions, LLC Of Houston, Texas For The Sanitary Sewer System Rehabilitation Contract No. 1, Increasing The Contract Amount By $203,200.00, To A New Contract Total Of $1,768,024.00; And A Time Extension Of 30 Days For A New Total Contract Time Of 260 Days. Account No. 405-40-000-8516-00-00-000, Project No. WS0016-CON 6 AGENDA FEBRUARY 27, 2024 VII. CONSENT AGENDA – CONTINUED (10) P.R. No. 23621 – A Resolution Authorizing The First Renewal Of The Contract With McCreary, Veselka, Bragg & Allen, P.C., Of Round Rock, Texas, For Collection Of Municipal Court Fines (11) P.R. No. 23623 – A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $25,800.00 And Authorizing The Execution Of A Contract By The City Manager For The Demolition Of Seven (7) Residential Structures (Group A) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) (12) P.R. No. 23624 – A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $25,350.00 And Authorizing The Execution Of A Contract By The City Manager For The Demolition Of Seven (7) Residential Structures (Group B) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) (13) P.R. No. 23625 – A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $29,500.00 And Authorizing The Execution Of A Contract By The City Manager For The Demolition Of Seven (7) Dangerous Residential Structures (Group D) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470-00-10- 000 (General Fund-Other Contractual Service) (14) P.R. No. 23627 – A Resolution Authorizing The City Manager To Execute A Contract With Promotional Services LLC DBA Got You Covered Work Wear & Uniforms Of Fort Worth, Texas, Under BuyBoard Contract No. 670-22, For The Purchase Of Coats And Boots For Port Arthur Fire Department Local 397 Members As Negotiated In The Collective Bargaining Agreement, In The Not To Exceed Amount Of $39,233.55; Funding Available In Fire Department Uniforms Account No. 001-19-047-5251-00-30-000 7 AGENDA FEBRUARY 27, 2024 VII. CONSENT AGENDA – CONTINUED (15) P.R. No. 23628 – A Resolution Calling For A Public Hearing To Consider A Zoning Map Amendment For 3.155-Acres Of Land Being Out Of The Port Arthur Land Company, Jefferson County, Texas. (1250 Highway 365) Z24-02 – Health & Safety Council (16) P.R. No. 23632 – A Resolution Authorizing The City Of Port Arthur's Earth Day Celebration And Various Participatory Events From April 15, 2024, Through April 22, 2024 (17) P.R. No. 23633 – A Resolution Authorizing The Designation Of May 11, 2024 And October 12, 2024 As International Migratory Bird Day In Port Arthur To Urge All Citizens To Celebrate This Observance While Supporting Efforts To Protect And Conserve Migratory Birds And Their Habitats In Our Community And The World At Large (18) P.R. No. 23635 – A Resolution Authorizing Proceeding With The Disannexation Of Four Parcels Of Land Located Along State Highway 87 Near Taylor's Bayou And The Intercoastal Waterway At The Request Of Landowner, GT Logistics, LLC (19) P.R. No. 23639 – A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement Between The City Of Port Arthur And Jefferson County Precinct 3 To Cut The Grass And Apply Herbicide Spray At The North And South Levee Roads On Pleasure Island Three Times This Year For An Amount Not To Exceed $52,372.08. Funding Is Available In The Other Maintenance Account, Account Number 001-25-065-5322-00-20-000 (20) P.R. No. 23640 – A Resolution Authorizing The City Manager To Execute An Agreement With Real Vision Software, Inc For The Purchase And Installation Of A Real Vision System With A Projected Budgetary Impact Amount Of $39,000.00. Funding Available In Information Technology IT Equipment Account 001-09-023-5241- 00-10-000 8 AGENDA FEBRUARY 27, 2024 VII. CONSENT AGENDA – CONTINUED (21) P.R. No. 23645 – A Resolution Appointing A Negotiating Team Under Chapter 174 Of The Texas Local Government Code Annotated, To Conduct Collective Bargaining With The Bargaining Agent Of The Port Arthur Police Association Of The City Of Port Arthur Police Department VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. No. 23578 – A Resolution Appointing And/Or Reappointing A Member Or Members To The Construction Board Of Adjustments And Appeals (2) P.R. No. 23598 – A Resolution Ratifying The City Manager’s Decision To Authorize The Additional Scope Of Work For Architectural Design And Construction Management Services Of Fire Station #3 (Port Acres) By Brown Watford Reynolds Architects, Inc. Of College Station, Texas, And Authorize The Execution Of Amendment #1 To Increase The Contract Amount By $227,350.00 To A New Total Contract Amount Not To Exceed $968,050.00; Funding Is Available In Capital Improvement Account Number 307-21-049-8512-00-10- 000. Project No. BU10012 (3) P.R. No. 23599 – A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Library Board (4) P.R. No. 23601 – A Resolution Authorizing The City Manager To Purchase A Modular Building From Boxx Modular Of Fort Worth, Texas, For $74,000.00. Through The TIPS Cooperative Purchasing Contract Numbers 30902, 21020201, And 21020202. Funding Is Available In The Public Works Solid Waste – Landfill Division's Equipment Account, Account Number 403-50-320-8522-00-00-000 9 AGENDA FEBRUARY 27, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (5) P.R. No. 23616 – A Resolution Ratifying The City Manager’s Decision To Authorize The Additional Scope Of Work For Architectural Design And Construction Management Services Of Fire Station #2 (Westside) By Brown Watford Reynolds Architects, Inc. Of College Station, Texas, And Authorize The Execution Of Amendment #1 To Increase The Contract Amount By $172,475.00 To A New Total Contract Amount Not To Exceed $740,575.00; Funding Is Available In Capital Improvement Account Number 307-21-049-8512-00-10- 000. Project No. BU10012 (6) P.R. No. 23642 – A Resolution Requesting Authorization For The City Manager To Proceed With A Potential Future Change Order No. 4 To The Main Wastewater Treatment Plant Improvement Project With Allco, LLC Of Beaumont, Texas, That Will Increase The Contract By Approximately $5,650,000.00 To A New Total Projected Budgetary Contract Amount Of $73,100,464.43; Funding In Account No. 405- 40-000-8516-00-00-000, Project No. WS0023 Is Contingent Upon The Approval Of A Budget Amendment Via Adoption Of Proposed Ordinance 7229 (7) P.R. No. 23644 – A Resolution Rescheduling The March 12, 2024 Regularly Scheduled Council Meeting (8) P.R. No. 23647 – A Resolution Reconsidering The February 12, 2024 Motion For The Approval Of The First Amended And Restated Agreement For Professional Services And Employment As Chief Executive Officer Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Doucet) B. Ordinances – Non-Consent (1) P.O. No. 7229 – An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2023 And Ending September 30, 2024, By Increasing The Appropriation For The Capital Budget By $5,650,000.00 10 AGENDA FEBRUARY 27, 2024 IX. *CLOSED MEETING (EXECUTIVE SESSION) – NONE 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 February 28, 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 *************************************************** 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.