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HomeMy WebLinkAboutMARCH 05, 2024 REGULAR MEETING 10_00 AMTHURMAN BILL BARTIE, MAYOR RONALD BURTON, CPM TIFFANY L. HAMILTON EVERFIELD, CITY MANAGER MAYOR PRO TEM SHERRI BELLARD, TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS, JR. DONEANE BECKCOM JAMES M. BLACK HAROLD L. DOUCET, SR. INTERIM CITY ATTORNEY THOMAS KINLAW, III DONALD FRANK, SR. AGENDA City Council Regular Meeting Tuesday, March 5, 2024 10:00 A.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, March 5, 2024 At 10:00 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: 885 6988 8549 And Passcode: 690917 (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 March 5, 2024 10:00 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie _____ Mayor Pro Tem Hamilton Everfield _____ Councilmember Lewis, Jr. _____ Councilmember Beckcom _____ Councilmember Doucet, Sr. _____ Councilmember Kinlaw, III _____ Councilmember Frank, Sr. _____ City Manager Burton, CPM _____ City Secretary Bellard, TRMC _____ Interim City Attorney Black _____ Police Chief Duriso Or Designee _____ II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers – None B. Presentations (1) A Presentation By Representatives Of Motiva Enterprises Regarding An Update And Timeline Of The Renovation Project (Requested By Councilmember Kinlaw) C. Employee Recognition (1) Recognition Of Water And Sewer Employees (Requested By Councilmember Lewis) D. Correspondence – None E. Discussions – None 2 AGENDA MARCH 5, 2024 IV. PUBLIC HEARINGS – 10:30 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; (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 3 AGENDA MARCH 5, 2024 VI. UNFINISHED BUSINESS (1) 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 (2) 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- 5420-00-00-000 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. A. Travel Expense Reports – None B. Minutes February 23, 2024 Regular Meeting 4 AGENDA MARCH 5, 2024 VII. CONSENT AGENDA – CONTINUED C. Resolutions (1) P.R. No. 23516 – A Resolution Authorizing The City Manager To Accept And Appropriate The Fiscal Year 2024 Project Safe Neighborhood Block Grant Program (PSN) Funding In The Amount Of $98,941.83 With No Grant Match Requirement, In Fund 107 (2) P.R. No. 23584 – A Resolution Setting Public Hearing Dates As It Pertains To The Disannexation Of Four Parcels Of Land Being Approximately 11.59 Acres Located Along State Highway 87 Near Taylor’s Bayou And To Provide Notice Of The Public Hearings To Property Owners, Agencies, Utilities, And Railroads Pursuant To Section 43.062 Of The Texas Local Government Code (3) P.R. No. 23585 – A Resolution Authorizing The City Manager To Accept A Donation In The Form Of A Police Canine "Athena" For The Port Arthur Police Department (4) P.R. No. 23614 – A Resolution Authorizing The City Manager To Execute Change Order No. 1, Decreasing The Cost By Removing The Railroad Signage ($120,559.61), Extending The Contract By 80 Days, Installing Landscape Edging At City Hall ($747.00), Installing Concrete Turndowns ($10,569.00), Decreasing The Cost For Concrete Columns ($2,447.00) To The Contract Between The City Of Port Arthur And Preferred Facilities Group – USA, LLC Of Port Arthur, Texas For The Construction Of Wayfinding Signs For The Wayfinding And Monument Signage Program For The City Of Port Arthur Decreasing The Contract Amount By $111,690.61 And Extending The Contract Time By 80 Days For A New Projected Budgetary Impact Of $1,125,439.79 ($975,310.13 Available In HO1014 And $150,129.66 Available In PR0009-OTH) (5) P.R. No. 23615 – A Resolution Ratifying The City Manager's Decision To Allow The Police Department To Apply For The FY 2025 Project Safe Neighborhoods Grant Program, With No Cash Match 5 AGENDA MARCH 5, 2024 VII. CONSENT AGENDA – CONTINUED (6) P.R. No. 23626 – A Resolution Authorizing The City Manager To Enter Into A Contract For Janitorial Services For The Port Arthur Health Department With Southeast Texas Building Services Of Nederland, Texas For A Projected Annual Budgetary Amount Of $91,200.00. Funding Available In Health – Other Contractual Services Account No. 001-23-061-5470-00-50-000 (7) P.R. No. 23629 – A Resolution Establishing A Special Event Known As The Cajun Therapy Event, Designating The Downtown Pavilion As The Entertainment Area, Naming Rickway Production As The Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement For The Established Event As Provided In Chapter 90 (Special Events) Of The City Of Port Arthur Code Of Ordinances (8) P.R. No. 23643 – A Resolution Authorizing The City Manager To Purchase A Muffin Monster (Sludge Grinder) From IPS Pump Services, Of Houston, Texas, To Keep The Sabine Pass Wastewater Treatment Plant Operative And In Compliance With TCEQ Mandates, With The Projected Budgetary Impact Amount Of $29,815.00; Funding Is Available In The Water Utilities Department Account No. 410-40-225-5318-00-00-000 Wastewater Treatment/Equipment Maintenance VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. No. 23517 – A Resolution Authorizing The City Manager Or His Designee To Negotiate An Amendment To The Professional Engineering Services Agreement With Arceneaux, Wilson & Cole, LLC, (AWC) Of Port Arthur, Texas For Construction Management Services Associated With The Woodworth Streetscape Improvements Project From Lakeshore Drive To State Highway 87 (Gulfway Drive). Funding Is Available In The Street Capital Fund Account No. 307-21- 053-8517-00-10-000. Project No. ST4014-ENG 6 AGENDA MARCH 5, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (2) P.R. No. 23566 – A Resolution Authorizing The City Manager To Execute Amendment No. 2 To The Professional Engineering Services Agreement With Arceneaux, Wilson & Cole, LLC, (AWC), Of Port Arthur, Texas, For Construction Management Services Associated With The Port Acres Subdivision Drainage Improvement Project For The Amount Of $541,770.00. Funds Are Available In The Hazard Mitigation Grant Account No. 154-00-000-8515-00-10-000 And The Community Development Block Grant DR (CDBG) Account No. 148- 00-000-8515-00-10-000. Project No. DR1P03-ENG (3) P.R. No. 23567 – A Resolution Authorizing The City Manager To Execute Amendment No. 2 To The Professional Engineering Services Agreement With Arceneaux, Wilson & Cole, LLC, (AWC), Of Port Arthur, Texas, For Construction Management Services Associated With The El Vista Subdivision Drainage Improvement Project For The Amount Of $451,025.00. Funds Are Available In The Hazard Mitigation Grant Account No. 154-00-000-8515-00-10-000 And The Community Development Block Grant DR (CDBG) Account No. 148- 00-000-8515-00-10-000. Project No. DR1P02-ENG (4) P.R. No. 23593 – A Resolution Authorizing The City Manager To Accept Grant Funds In The Amount Of $1,931,696.00 From The United States Department Of Transportation (USDOT) For FY 2023 Safe Streets And Roads For All (SS4A) Funding Appropriations. Local Match Of $482,924.00 In Account No. 001-00-000-4510-00-00-000 Contingent Upon Approval Of A Budget Amendment Via Adoption Of Proposed Ordinance No. 7230 (5) P.R. No. 23606 – A Resolution Authorizing A One-Year Renewal Of The Contract With Ardurra Group, LLC For Disaster Recovery Grant Management And Administration Services And Providing Additional Contract Funding Of $450,000.00; Fund Availability Is Subject To The Reimbursement From FEMA And/Or Other Sources; To Be Paid From Hurricane Harvey Account #147-07-015-5420-00-40-000, Project Number DS2617-GRE-PRO, Contingent Upon Approval Of A Budget Amendment Via Adoption Of Proposed Ordinance No. 7230 7 AGENDA MARCH 5, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (6) P.R. No. 23618 – A Resolution Authorizing The Acceptance Of A Donation From Colonial Pipeline Company, Alpharetta, Georgia For Port Arthur Fire Department Emergency Response Equipment And Training Support In The Total Amount Of $17,500.00, With No Cash Match, Appropriation Contingent Upon Adoption Of Proposed Ordinance No. 7230 (7) P.R. No. 23620 – A Resolution Ratifying The City Manager’s Decision To Apply For Grant Funding Through The 2024 Bridge Investment Program Competition And The City’s Contribution Of 20% Of The Proposed Planning Budget (A Maximum Of $1,000,000.00). Funding Of Local Match Is Contingent Upon Approval Of A Budget Amendment Via The Adoption Of Proposed Ordinance 7230 (8) P.R. No. 23622 – A Resolution Authorizing The City Manager To Rent Equipment With Operators For Dirt Work Operation For The Public Works Landfill Division From LSJ Trucking, Inc. Of Beaumont, Texas, For The Not-To-Exceed Amount Of $648,000.00 For 1 Year With The Option To Renew For One Additional Year. Funds Are Contingent Upon Approval Of A Budget Amendment Via Adoption Of Proposed Ordinance 7230 From The American Rescue Plan Landfill Slope Stabilization Account No. 169-07-015-5486-00-40-000, ARP003.GRE.LAN (9) P.R. No. 23634 – A Resolution Ratifying The City Manager’s Acceptance Of Grant Funds In The Amount Of $990,000.00 From The 2019 United States Housing And Urban Development Block Grant Disaster Recovery (CDBG-DR) Grant For The Replacement Of Sixty (60) Storm Sewer Manholes In Various Locations Throughout The City, With A Local Match Of $10,000.00 In Account No. 001-00- 000-4510-00-00-000 Contingent Upon Approval Of A Budget Amendment Via Adoption Of Proposed Ordinance No. 7230 8 AGENDA MARCH 5, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (10) P.R. No. 23641 – A Resolution Authorizing The Purchase Of Twelve Zebra Electronic Ticket Writers And Ten Zebra Printers With Accessories From Tyler Technologies For A Total Of $33,370.00 Through Sourcewell Cooperative Purchasing Contract #090320-TTI; Funds Through The 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Funds, Account No. 107-17-045-5420-00-30-000, Project No. PS2023.GRE.MIN Are Contingent Upon Approval Of A Budget Amendment Via Adoption Of Proposed Ordinance No. 7230 B. Ordinances – Non-Consent (1) P.O. No. 7230 – An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2023 And Ending September 30, 2024, Increasing The General Fund By $3,442,120.00, The Solid Waste Fund By $700,000.00, The FEMA Fund By $130,000.00, The GLO Fund By $1,000,000.00, And The ARPA Fund By $6,882,000.00 And By Adding Provisions To The Budget For Special Revenue Fund To Include The Police Fund By $250,000.00 And Home Health Fund By $1,500,000.00 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 March 6, 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.