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HomeMy WebLinkAboutAPRIL 23, 2024 REGULAR MEETING 9_30 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, April 23, 2024 9:30 A.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, April 23, 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: 863 0369 4012 And Passcode: 374849 (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 April 23, 2024 9:30 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 (1) Joe Tant President/CEO Of The Greater Port Arthur Chamber Of Commerce Regarding An Update Of The Chamber Of Commerce B. Presentations – None C. City Manager’s Staff Reports (1) A Report By Staff And The Burditt Consultants, Inc. Regarding The Rose Hill Park Master Plan (2) A Report By Staff Regarding The Leadership Academy (3) A Report By Staff Regarding The April 10, 2024 Weather Event 2 AGENDA APRIL 23, 2024 III. PETITIONS & COMMUNICATIONS – CONTINUED D. Employee Recognition – None E. Correspondence – None F. Discussions (1) A Discussion And Possible Action Regarding The Woodworth Boulevard Project (Requested By Councilmember Doucet) (2) A Discussion And Possible Action Regarding A Proposed Charter Change Election To Consider Adopting A Plurality-Based Electoral System And To Consider Councilmember Districts (Requested By Councilmember Lewis) IV. PUBLIC HEARINGS – 10:00 A.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 Second 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 The City Council Will Consider An Ordinance Formalizing The Disannexation Of Said Tract At Its Regular City Council Meeting On May 7, 2024 3 AGENDA APRIL 23, 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 VI. UNFINISHED BUSINESS (1) 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 4 AGENDA APRIL 23, 2024 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 (A1) Mayor Thurman Bartie: P3 Institute Arlington Workshop Arlington, TX April 4 - 6, 2024 $1,019.17 (A2) Willie Lewis: National League Of Cities (NLC) Congressional City Conference 2024 Washington, DC March 10 - 15, 2024 $4,032.63 (A3) City Manager Ronald Burton: Texas City Management Association (TCMA) 2024 William “King” Cole Series Session 2 San Antonio, TX April 3 - 5, 2024 $800.41 B. Minutes March 26, Regular Meeting April 9, 2024 Special Meeting (Executive Session) April 9, 2024 Regular Meeting 5 AGENDA APRIL 23, 2024 VII. CONSENT AGENDA – CONTINUED C. Resolutions (1) P.R. No. 23568 – A Resolution Authorizing The City Manager Or His Designee, The Chief Of Police, To Execute The United States Marshals Service Fugitive Task Force Memorandum Of Understanding For Non-Federal Agencies Between The United States Marshals Service And The Port Arthur Police Department (2) P.R. No. 23588 – A Resolution Approving The Department Of The Army License Renewal No. DACW64-3-24-0032 Pertaining To The Sabine Neches Waterway Project, Sabine Neches Canal (3) P.R. No. 23603 – A Resolution Authorizing The City Manager To Apply For The Local Flint Hills - Helping Heroes Grant With No Cash Match Requirement (4) P.R. No. 23638 – A Resolution Authorizing The City Manager To Execute Change Order No. 1 For The Contract Between The City Of Port Arthur And Delk Construction, Inc. Of Nederland, Texas Increasing The Contract Amount By $6,000.00 To A New Contract Amount Of $191,000.00 For Port Arthur Transit's Storage Building Construction; Funds Available In Account 401-70-530-8512-00-60- 000, Project TR2035B.CAP.BUI (5) P.R. No. 23672 – A Resolution Authorizing The City Manager To Execute A One-Year Contract With Jet Aeration Of Texas, LLC Of Vidor, Texas For Water/Sewer Line Services Support, With A Projected Budgetary Amount Of $200,000.00. Funding Is Available In Utilities Account Numbers 410-40-215-5315-00-00-000 ($50,000.00), Water System Maintenance And 410-40-220-5313-00- 00-000 ($150,000.00), Sewer System Maintenance (6) P.R. No. 23682 – A Resolution Authorizing The Purchase Of A Skid Steer Loader Pallet Forks, Root Grapples And A Batwing From Beaumont Tractor Company Inc. Of Beaumont, Texas For The Pleasure Island Department With A Total Projected Budgetary Impact of $81,420.00; Funding Available In Account No. 450-00- 000-8522-00-00-000, Project No. ARP017.OTH.EQU 6 AGENDA APRIL 23, 2024 VII. CONSENT AGENDA – CONTINUED (7) P.R. No. 23711 – A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $23,928.04 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Electrical Components In The EDC Building (501 Procter Street) (8) P.R. No. 23712 – A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $8,286.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Drainage Unit #2128 (9) P.R. No. 23716 – A Resolution Authorizing The City Manager To Apply For The FY24 Prosecuting Cold Cases Using DNA Grant With No Cash Match Requirement (10) P.R. No. 23718 – A Resolution Approving The FY 2025 Contract Between The City Of Port Arthur And The Department Of State Health Services For The Public Health Emergency Preparedness Program For $103,507.00 In Federal Funding With A 10% City Match Of $10,351.00. This Contract Starts July 1, 2024 And Expires June 30, 2025 (11) P.R. No. 23719 – A Resolution Amending The FY 2021-2024 Contract Between The City Of Port Arthur And The Department Of State Health Services, Covid-19 Immunization Program Extending The Contract Term, Revising The Statement Of Work, And Revising The Budget By Redistributing Funds Among Budget Categories Without Changing Contract Amount. No Cash Match Involved. Contract Period Will Expire 06/30/2025 7 AGENDA APRIL 23, 2024 VII. CONSENT AGENDA – CONTINUED (12) P.R. No. 23721 – A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Brystar Contracting, Inc. Of Beaumont, Texas For The Stonegate Drainage Improvement Project For Value Engineering Savings That Reduces The Contract By $850,689.90 And Modifies Areas Of The Project On Jimmy Johnson Boulevard. Funds Available In The Hazard Mitigation Grant Account No. 154-00-000-8515-00- 10-000 And The Community Development Block Grant DR Account No. 148-00-000-8515-00-10-000 Are Not Impacted. Project No. DR1P04 (13) P.R. No. 23722 – A Resolution Authorizing The City Manager To Execute An Agreement With Geofill Construction Of Schertz, Texas For The Renovation Of Both Sets Of Restrooms In Lakefront Park On Pleasure Island In The Amount Not To Exceed $206,175.00; Funding Available In Account Number 450-00-000-8525-00-00-000 Project Number PI0007 (14) P.R. No. 23724 – A Resolution Authorizing The City Manager To Execute Change Order No. 6 To The Contract Between The City Of Port Arthur And Texas Materials Group, Inc. – Gulf Coast Area Of Beaumont, Texas, For The Various Streets Roadway Improvements Project-Districts 2 & 3, For The Removal Of One (1) Street, The Addition Of Five (5) Streets, The Addition Of Two (2) Driveways, Remove/Replace Storm Inlets, Tree Removal, And Removal/Replacement Of Two (2) Driveways For The Amount $922,245.13. Funding Is Available In The Capital Improvement Project Account 307-21-053-8517-00-10-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. No. 23676 – A Resolution Authorizing The City Manager To Accept The Energy Efficiency And Conservation Block Grant (EECBG) From The Department Of Energy For $118,760.00, With No Cash Match, Appropriated In The General Fund And Contingent Upon Approval Of Budget Amendment Via Adoption Of Proposed Ordinance No. 7242 8 AGENDA APRIL 23, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (2) P.R. No. 23677 – A Resolution Approving And Adopting The Rose Hill Master Plan To Promote And Improve The Quality Of Life For The Citizens Of Port Arthur, Texas (3) P.R. No. 23713 – A Resolution Authorizing The City Manager To Renew Insurance Policies For Various Locations With Wright National Flood Insurance Company For Flood Insurance In The Amount Of $90,078.00. Proposed Funding By: 612-11-025-5410-00-00-000 – $90,078.00 Liability Insurance Fund Contingent Upon Approval Of Budget Amendment Via Adoption Of Proposed Ordinance No. 7242 (4) P.R. No. 23717 – A Resolution Authorizing The Purchase Of Commercial Windstorm Coverage In An Amount Not To Exceed $1,867,754.20 Per Annum Proposed Funding By: General Liability Insurance Fund 612-11-025-5410-00-00-000, $1,867,754.20 Contingent Upon Approval Of Budget Amendment Via Adoption Of Proposed Ordinance No. 7242 B. Ordinances – Non-Consent (1) P.O. No. 7241 – An Ordinance Authorizing The Sale Of Public Park Land Located At 2201 Lakeshore Drive, More Commonly Known As Civic 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 (2) P.O. No. 7242 – 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 $690,975.00 The Home Grant Fund By $1,000,453.00 And The General Liability Fund By $1,957,833.00 (3) P.O. No. 7244 – An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code 9 AGENDA APRIL 23, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (4) P.O. No. 7245 – An Ordinance Amending Section 18-33 Of The Code Of Ordinances By Adding Subsection (b) As It Pertains To Permit Schedule As A Result Of The April 10, 2024, Weather Event And Providing An Effective Date IX. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 – Litigation And/Or Legal Advice Section 551.072 – Land Section 551.073 – Negotiated Contracts For Prospective Gifts To The City Section 551.074 – Personnel Section 551.076 – Security Personnel Or Devices Section 551.087 – Deliberations Regarding Economic Development Incent Closed Meeting: (1) Section 551.071 Government Code – To Discuss And Receive Legal Advice Or Consultation From The City Attorney Regarding Potential And/Or Pending Claims, Contracts, Litigation And Other Legal Matters Involving The City Of Port Arthur, (i.e., Kirk Thomas v. City of Port Arthur, West Side Development Partnership Agreement, and Ambulance Services) (2) Section 551.072 Government Code – To Discuss Or Deliberate With Possible Action, The Purchase, Exchange, Lease, Or Value Of Real Property Within The Corporate Limits Of Port Arthur, (i.e., Land Adjacent To The Port Arthur Parks & Recreation Department Located At 1308 9th Avenue; Land Adjacent To Immigrants Park; Property Located At 3000 39th Street; Babe Zaharias Golf Course; And Pleasure Island) 10 AGENDA APRIL 23, 2024 IX. *CLOSED MEETING (EXECUTIVE SESSION) – CONTINUED (3) Section 551.074 Government Code – To Discuss The Duties, Responsibilities, And Evaluation Of The City Manager *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 April 24, 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.