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HomeMy WebLinkAboutAPRIL 09, 2024 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM TIFFANY L.HAMILTON EVERFIELD, City of CITY MANAGER MAYOR PRO TEM SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. t h t[ DONEANE BECKCOM JAMES NI. BLACK HAROLD L. DOUCET,SR. `' INTERIM CITY ATTORNEY THOMAS KINLAW, III DONALD FRANK,SR. AG E N DA City Council Regular Meeting Tuesday, April 9, 2024 5:30 P.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, April 9, 2024 At 5:30 P.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: 850 5067 3074 And Passcode: 916677 (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 City Council Regular Meeting City Hall Council Chamber City Of Port Arthur April 9, 2024 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartle Mayor Pro Tern 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 (1) Gail Pellum, Sheila Norwood And Phyllis Baker Of The African American Cultural Society Regarding A Proposal Of The JB Matthews Building (2) Eddie Scaggs Regarding Placing The Choice On The Ballot (Plurality Versus Majority Voting System) (3) Gloria Sanchez Regarding Woodworth Boulevard And Street Repairs (4) Krystal James Of T-Mobile For Government Regarding Community Outreach And Community Development Programs (5) Melissa Chariot Regarding Update And Solutions To Paratransit Cancellation AGENDA APRIL 9, 2024 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Presentation By PAEDC, SBDC, And Chamber Regarding Downtown Revitalization (Requested By Mayor Bartie And Councilmember Kinlaw) (2) Presentation By Grace Hub, Inc. Regarding Renewable Energy (Requested By Councilmember Lewis) • (3) Presentation By Staff Regarding Paratransit Service C. Employee Recognition — None D. Correspondence — None E. Discussions (1) Discussion Regarding Alleged Criminal Activity At Prince Hall And Louis Manor (Requested By Councilmember Lewis) (2) Discussion Regarding Vendors' Participation In Port Arthur Projects (Requested By Councilmember Frank) (3) Discussion And Possible Action Regarding Paratransit Bus Status (Requested By Councilmember Doucet) (4) Discussion Regarding Length Of City Council Meetings (Requested By Councilmember Doucet) AGENDA APRIL 9, 2024 IV. PUBLIC HEARINGS — 6:00 P.M. (1) A Public Hearing For The Purpose Of Receiving Public Comments Regarding The Proposed Voluntary Disannexation Of 11.59 Acres Tract Of Land (Consisting Of Four Parcels) In The Corporate Limits Of The City Of Port Arthur (Located On State Highway 87 (aka South Gulfway Drive) Near The Intracoastal Waterway). Said Tract Of Land Is Legally Described As 11.59 Acres of Land Out Of The T. & N.O.R.R. Survey Section No. 122, Abstract No. 486 In Jefferson County, Texas. This Is the First Public Hearing Held Pursuant To Chapter 43.142 Of The Local Government Code. A Detailed Map Of The Proposed Area To Be Disannexed, Is Also Available For Inspection At Port Arthur City Hall, 444 Fourth Street, Port Arthur, Texas Between The Hours Of 8:00 A.M. And 5:00 P.M., Monday Through Friday And Continuously Online At www.portarthurtx.gov. A Second Public Hearing Will Be Held On April 23rd at 10:00 A.M. Thereafter, The City Council Will Consider An Ordinance Formalizing The Disannexation Of Said Tract At Its Regular City Council Meeting On May 7, 2024. AGENDA APRIL 9, 2024 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 4 AGENDA APRIL 9, 2024 VI. UNFINISHED BUSINESS (1) P.R. No. 23680 — A Resolution Authorizing The City Manager To Enter Into A Special Road Use And Indemnity Agreement And Permit With Kirk Thomas 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 June 27, 2023 Special Meeting (Executive Session) C. Resolutions (1) P.R. No. 23548 - A Resolution Calling For A Public Hearing To Consider A Zoning Map Amendment For 34.13-Acres Of Land Being Out Of The Port Arthur Land Company Subdivision, Jefferson County, Texas. (Northeast Of Main Avenue And Southeast Of West Crane Bayou) Z24-04 — Gipson Commercial Properties AGENDA APRIL 9, 2024 VII. CONSENT AGENDA — CONTINUED (2) P.R. No. 23602 - A Resolution Authorizing The City Manager To Amend The Professional Engineering Services Agreement With Arceneaux, Wilson & Cole, LLC, (AWC) Of Port Arthur, Texas To Include Construction Management Services Associated With The Woodworth Streetscape Improvements Project From Lakeshore Drive To State Highway 87 (Gulfway Drive), Increasing The Original Contract Amount By $448,493.00 To A New Contract Amount Not To Exceed $831,903.00. Funding Is Available In The Street Capital Fund Account No. 307-21-053-8517-00-10-000. Project No. ST4014-ENG. (3) P.R. No. 23612 — A Resolution Authorizing The City Manager To Execute A Contract With Soutex, Inc. Of Port Arthur, Texas For Engineering And Design Services For Round 4 And Round 5 Bus Stops Served By Port Arthur Transit (PAT), In The Amount Not To Exceed $54,000.00. Funding Is Available In Account 401-70-530- 8512-00-60-000 Project TR11316 ($24,493.00) And TR2305B ($29,407.00) (4) P.R. No. 23650 —A Resolution Authorizing The City To Accept Grants, Contributions Of Goods, Services And Money From Industry, Commercial Sponsors And Community Groups For The City Of Port Arthur's Earth Day City-Wide Clean-Up On April 20, 2024 (5) P.R. No. 23660 - A Resolution Authorizing Contract Renewals For The Purchase Of Water And Wastewater Treatment Chemicals For The Water Utilities Department With Premier Chemicals & Services, Brenntag Southwest, Inc., DXI Industries, Inc., Tanner Industries, Inc., Univar Solutions USA, Inc. And Simply Aquatics, Inc. With A Total Projected Budgetary Impact Of $1,227,340.00. $350,000.00 Is Allocated For FY24 And $350,000.00 Is Allocated For FY25 For A Total Of $700,000.00 In The Water Purification Account No. 410-40- 210-5217-00-00-000; And $263,670.00 Is Allocated For FY24 And $263,670.00 Is Allocated For FY25 For A Total Of $527,340.00 In The Wastewater Treatment Account No. 410-40-225-5217-00-00- 000. 6 AGENDA APRIL 9, 2024 VII. CONSENT AGENDA — CONTINUED (6) P.R. No. 23661 — A Resolution Authorizing The Acceptance Of A Request For Proposal Response From Selim Kiralp, LLC For The Leasing Of Two Buildings Inside The Gated Pleasure Island Marina And Further Authorizing The City Manager To Negotiate Said Lease (7) P.R. No. 23662 —A Resolution Authorizing The Purchase Of Polymers And Delineating Procedures For The Purchase Of Other Chemicals, With An Estimated Combined Budgetary Impact Of $1,645,000.00. Funding Is Available In The Water Utilities Department, $1,510,000.00 For Account No. 410-40-210-5217-00-00-000, And $135,000.00 For Account No. 410-40-225-5217-00-00-000. Treatment Chemicals (8) P.R. No. 23670 — A Resolution Authorizing The Remaining Annual Payments Of The Solid Waste Permit Fee For The Landfill To The Texas Commission On Environmental Quality (TCEQ) With A Projected Budgetary Impact Amount Of $91,443.88. Funding Is • Available In Account No. 403-50-320-5471-00-00-000 (9) P.R. No. 23681 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Engaging The Services Of Industrial & Commercial Mechanical Of Beaumont, Texas Through Buyboard Contract #638-21 For The Preventative Maintenance Of The HVAC Systems At 501 Procter And 549 4th Streets, In An Amount Not To Exceed $4,748.00 For 501 Procter Street, PAEDC Funding Account No. 120-80-625-5318-00-00-000 And In An Amount Not To Exceed $6,820.00 For 549 4th Street Funding In PAEDC Account No 120-80-625-5318-00-00-000 Project No. ED0002.OTH.EQM (10) P.R. No. 23683 - A Resolution Authorizing The City Manager To Purchase A Variable Frequency Drive For The Centrifuge #2 From Andritz Separation Inc. Of Arlington, Texas With Total Projected Budgetary Impact Of $83,937.00 Funds Are Available In Water Utilities Account No. 410-40-210-5318-00-00-000 Equipment Maintenance AGENDA APRIL 9, 2024 VII. CONSENT AGENDA — CONTINUED (11) P.R. No. 23686 - A Resolution Authorizing The City Manager To Enter Into A Contract With Schaumburg & Polk, Inc. Of Beaumont, Texas, For Professional Services Rendered As Project Engineer For The Dallas Avenue &4th Street Elevated Storage Tank Rehabilitation • Project With A Projected Budgetary Impact Of $65,200.00; Funds Are Available In Account No. 405-40-000-8516-00-00-000, Project No. WS-0004 DES. (12) P.R. No. 23687 - A Resolution Authorizing The City Manager To Execute A Contract With Patriot Security Of Nederland, Texas For Security Guard Services For The Health Department In The Projected Budgetary Amount Of$50,000.00; Funds Available In The Health Department's Transition Account, Project B00006.OTH, Account 307-21-049-8512-00-10-000 (13) P.R. No. 23688 - A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Repair To The Sinking Manhole Located On Russell Drive, For The Total Not To Exceed Amount Of $34,388.30; Funding Available From Water Utilities Account No. 405-40-000-8516-00-00-000, Project No. WS0016-CON (14) P.R. No. 23689 — A Resolution Establishing A Special Event Known As The 2nd Annual Classics At The Pavilion, Designating The Downtown Pavilion As The Entertainment Area, Naming Jamarcus Davis 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 (15) P.R. No. 23690 — A Resolution Authorizing The City Manager To Apply For The Fiscal Year 2024 Texas Department Of Transportation "Click It Or Ticket" Program (16) P.R. No. 23691 — A Resolution Authorizing The City Manager To Apply For The Fiscal Year 2024 Texas Department Of Transportation "Operation Slowdown" Program 8 AGENDA APRIL 9, 2024 VII. CONSENT AGENDA — CONTINUED (17) P.R. No. 23692 — A Resolution Authorizing The City Manager To Purchase A Bus Wash Unit For Port Arthur Transit (PAT) From Awash Systems Corporation Of Sanborn, New York In The Amount Not To Exceed $48,675.00; Funds Available In Account 401-70-8512-00- 60-000 Project TR2305B (18) P.R. No. 23693 - A Resolution Ratifying The City Manager's Decision To Apply For The Texas Department Of Transportation's FY25 Selective Traffic Enforcement Program (S.T.E.P) Comprehensive Grant. (19) P. R. No. 23694 - A Resolution Authorizing The City Manager To Purchase A 2024 Ford Explorer Police Vehicle From Town And Country Ford Of Port Arthur, Texas In The Amount Of $39,000.00; Funding Available Through The FY 24 Project Safe Neighborhood Grant; Account No. 107-17-045-5112-00-30-000, Project Code PS6802. (20) P.R. No. 23695 — A Resolution Authorizing The City Manager To Negotiate A Contract With Amerseco Inc Of Tomball, Texas For The Meter And AMI Equipment Replacement For Guaranteed Entergy Savings Project (21) P.R. No. 23699 — A Resolution Authorizing The City Manager To Participate In The Grant Application Process For The US Environmental Protection Agency, Office Of Environmental Justice And External Civil Rights Funded Environmental And Climate Justice Community Change Grants Program. Funding Appropriation Is Required Once This Application Is Selected For Award. There Is No Budgetary Impact. The Grant Is 100% Federally Funded (22) P.R. No. 23701 — A Resolution Authorizing The Renewal Of The Annual Agreement With Itron Inc., Of Liberty Lake, Washington For Software And Hardware Maintenance Of The Itron Transmitters For The Water Utilities Department With A Total Projected Budgetary Impact Of $55,666.32. Funds Are Available In Water Utilities/Customer Services, Account No. 410-40-205-5420-00-00- 000, Professional Services 9 AGENDA APRIL 9, 2024 VII. CONSENT AGENDA — CONTINUED (23) P. R. No. 23707 - A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Florida Floats, Inc. DBA Bellingham Marine Of Jacksonville, Florida, Decreasing The Contract Amount By $185,450.00 To A New Contract Total Of $1,197,450.00 For The Rehabilitation Of The Pleasure Island Marina; Funding Account No. 307-60-000-8525-00-10-000, Project No. PI0001 (24) P.R. No. 23710 - A Resolution Authorizing The City Manager To Execute A Contract With The Solco Group, LLC. Of Port Arthur, Texas For Design And Program Management Services Related To The Charging Infrastructure For The Deployment Of Port Arthur Transit's Four (4) Zero-Emission Buses In An Amount Not To Exceed $79,688.00; Funds Available In Account 401-70-530-8523-00-60- 000. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23685 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Police Chief Advisory Committee (Requested By Mayor Pro Tem Hamilton Everfield) (2) P.R. No. 23697—A Resolution Authorizing The City Manager To Enter Into A Contract With Woolpert, Inc. Of Houston, Texas To Provide Professional Engineering Design And Bid Services For The Improvements Of Two Bridges For $178,818.40. Funds Will Be Available In The Capital Improvements Fund Account, 307-21-053- 8517-00-10-000, With $91,622.00 Allocated From Project Number BR0001.DES And $87,196.00 Allocated From Project Number BR0002.DES, Upon Approval Of PO 7240 (3) P.R. No. 23705 — A Resolution Authorizing Appointing A Member Or Members To The Downtown Tax Increment Reinvestment Zone TIRZ #1 Board 10 AGENDA APRIL 9, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 7231 — An Ordinance Authorizing The Sale Of Surplus Furniture & Minor Equipment Through Renee Bates Auctioneers, Inc &Technology Equipment Through Global Asset, LLC (2) P. 0. No. 7234 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Medium Density Residential (MDR) To Planned Development District — 43 (PD-43) On Approximately 0.7245-Acre Of Land Consisting Of Tracts 5-A And 7-A, Block 498, Port Arthur, Jefferson County, Texas (Violation Of Any Provision Of This Ordinance Shall Be Guilty Of A Misdemeanor And Shall Be Punished By A Fine Not Exceeding $2,000.00, As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, And Each Day Which Violation Is Permitted To Exist Shall Constitute A Separate And Distinct Offense.); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. Z24-01 — Vivian Ballou/Dinh Nguyen (3) P. 0. 7235 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Heavy Industrial To Planned Development On Approximately A 3.155-Acre Tract Of Land Being Out Of Port Arthur Land Company, And Consisting Of Lot 5, Tract 4, Block 13, Range L, Port Arthur Land Company Subdivision, Jefferson County, Texas (Violation Of Any Provision Of This Ordinance Shall Be Guilty Of A Misdemeanor And Shall Be Punished By A Fine Not Exceeding $2,000.00, As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, And Each Day Which Violation Is Permitted To Exist Shall Constitute A Separate And Distinct Offense.); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. Z24-02 — Health & Safety Council >> AGENDA APRIL 9, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.O. No. 7239 - An Ordinance Authorizing The Sale Of Public Park Land Located At 2749 Lakeshore Drive, More Commonly Known As Hughen Park, In Accordance With The Ballot Proposition Approved By The Qualified Voters Of Port Arthur And Further Authorize The City Manager To Execute A Special Warranty Deed For The Conveyance (5) P.O. No. 7240 — 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 Capital Improvement Fund By $750,000 IX. 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 April 10, 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 *************************************************** 12 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.