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HomeMy WebLinkAboutMAY 07, 2024 REGULAR MEETING 5_30 PMTHURMAN 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, May 7, 2024 5:30 P.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, May 7, 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: 881 7085 8021 And Passcode: 880862 (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 May 7, 2024 5:30 PM 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) Greg Benson Regarding The Fire Department (2) Lillian Harris Regarding Noise Complaints (3) Zulema Escobedo Regarding The Economic Development Corporation (EDC) (4) Hilton Kelley Representing The Community In-Power And Development Association Inc. (CIDA Inc.) Regarding EPA Technical Assistance For Funding (5) Wayne Dolcefino of Dolcefino Consulting Regarding Ambulance Contract 2 AGENDA MAY 7, 2024 III. PETITIONS & COMMUNICATIONS – CONTINUED B. Presentations (1) Keith Richard Representing The Freedom Lodge-Veterans Center Regarding An Introduction Of The Freedom Lodge-Veterans Center (Health Care, Temporary Living & Resources) (2) A Presentation By The Westside New Addition Organization Regarding The Overpass And West Reverend Dr. Ransom Howard Street (Requested By Councilmember Lewis) C. City Manager’s Staff Reports – None D. Employee Recognition – None E. Correspondence – None F. Discussions (1) A Discussion Regarding Council Adoption Of Resolutions That Do Not Follow City Ordinances (Requested By Councilmember Doucet) (2) A Discussion Regarding The Operation Of Pleasure Island (Requested By Councilmember Doucet) (3) A Discussion Regarding Boards And Committees (Requested By Mayor Pro Tem Hamilton Everfield) IV. PUBLIC HEARINGS – 6:00 P.M. – NONE 3 AGENDA MAY 7, 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 MAY 7, 2024 VI. UNFINISHED BUSINESS (1) 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 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 April 23, 2024 Regular Meeting C. Resolutions (1) P.R. No. 23619 – A Resolution Authorizing The City Manager To Purchase Office Furniture For Various Departments Within City Hall From Hernandez Office Solutions Of Nederland, Texas, Through The Region 5 Education Service Center Southeast Texas Cooperative Purchasing Program Contract No. #20231009 In The Amount Of $102,240.16. Funds Are Available In The City Hall Renovations Fund Account 307-21-049-8512-00-10-000, Project Number BU0002-OTH ($83,289.29) And In The Public Works Administration Office Supplies Account 001-21-049-8513-00-70-000 ($18,950.87) 5 AGENDA MAY 7, 2024 VII. CONSENT AGENDA – CONTINUED (2) P.R. No. 23700 – A Resolution Authorizing The City Manager To Enter Into A Non-Exclusive Contract Between The City Of Port Arthur And Industrial Safety Training Council (ISTC) Of Jefferson County, Texas To Provide Services, Supplies, Accommodations, Or Conference Rooms In The Case Of An Emergency Or Disaster With The Term Being From May 1, 2024 To May 1, 2026 (3) P.R. No. 23702 – A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Accepting A Quote And Engaging The Services Of EyeOn (Cameras) Of Orange, Texas For The Replacement Of The Security Camera System At 501 Procter In An Amount Not To Exceed $5,369.25, PAEDC Funding Account No. 120-80-625-8522-00-00-000 (4) P.R. No. 23703 – A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation's Payment Of An Invoice In The Amount Of $8,474.98 To Datavox Of Dallas, Texas For The Renewal Of The Meraki Licenses For One (1) Year At The Press Building, 549 Fourth Street, PAEDC Funding Account No. 120- 80-625-5450-00-00-000 (5) P.R. No. 23704 – A Resolution Approving The Third Year (Final Renewal) Of An Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And S&S Investigations & Security, Inc. Of Groves, Texas For Security Guard Services To Serve The Spur 93 Business Park For An Amount Not To Exceed $96,822.00; Funding Available In EDC Account No. 120-80-625- 5479-00-00-000 (6) P.R. No. 23714 – A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Repair To The 12" Waterline Repair On Dryden Road Across Jefferson Drive, For The Total Not To Exceed Amount Of $219,000.00 From Water Utilities Account No. 405-40- 000-8516-00-00-000, Project No. WS0016-CON 6 AGENDA MAY 7, 2024 VII. CONSENT AGENDA – CONTINUED (7) P.R. No. 23720 – A Resolution Authorizing The City Manager To Accept Close Out Documents Submitted By Texas Materials Group – Gulf Coast Area Of Beaumont, Texas, And Approve The Release Of Retainage In The Amount Of $92,740.28 For The 5th & 6th Streets Rehabilitation Project. Funding Is Available In The Capital Improvement Account Number 307-21-053-8517-00-10-000. Project Nos. ST1P54 And ST1P55 (8) P.R. No. 23725 – A Resolution Authorizing The City Manager To Enter Into An Agreement With Mike Barnett Construction, Inc. Of Port Neches, Texas For The Water Purification Plant Centrifuge Building Roof Replacement Under The Southeast Texas Cooperative Contract No. 20240202, Administered By The Region 5 Education Service Center (Region 5 ESC), With A Projected Budgetary Impact Amount Of $46,650.00. Funding Is Available In Account No. 410-40-210- 5312-00-00-000, Building Maintenance (9) P.R. No. 23727 – A Resolution Authorizing The City Manager To Accept The Project Completion Documents For The Elevated Storage Tank Piping Repairs Project Located At Dallas And 4th Street With Allco LLC. Of Beaumont, Texas, And Release The Retainage In The Total Amount Of $10,399.70; Funding Is Available In Account No. 405-00-000-2050-00-00-000 (10) P.R. No. 23728 – A Resolution Authorizing The City Manager To Accept The Citywide Master Drainage Plan From Arceneaux, Wilson & Cole, LLC, Of Port Arthur, Texas. Funds Are Not Impacted With Acceptance. Project No. DR1P05 (11) P.R. No. 23731 – A Resolution Authorizing The City Manager To Enter Into A Contract With Blastco Texas, Inc. Of Channelview, Texas For The Waterline Aerial Crossing Coating Project For Two 36-Inch Steel Waterlines Located Along Savannah Avenue, For The Total Amount Of $336,520.00; Funds Are Available In Account No. 405-40-000- 8516-00-00-000, Project No. WS00013-CON 7 AGENDA MAY 7, 2024 VII. CONSENT AGENDA – CONTINUED (12) P.R. No. 23733 – A Resolution Authorizing The City Manager Through The Pleasure Island Department To Accept A Donation From The S.A.L.T. Club In The Form Of Mulch For The Beautification Of Pleasure Island (13) P.R. No. 23734 – A Resolution Authorizing The City Manager To Enter Into A Memorandum Of Understanding (MOU) With Lamar University Of Beaumont, Texas To Explore Repurposing The Palms At Pleasure Island Golf Course Property, Located At 1901 T.B. Ellison Parkway, Port Arthur, Texas 77640 (14) P.R. No. 23735 – A Resolution Authorizing The City Manager To Accept A Real Property Donation Located At 3000 39th Street From Dr. Raj K. Singla Of Singla Real Estate Company, Inc. (15) P.R. No. 23736 – A Resolution Ratifying An Agreement For Professional Services Between The City Of Port Arthur And Kittelson, LLC For Forensic Transportation Engineering Services Related To Sassine Avenue In An Amount Not To Exceed $40,000.00, Funding Is Available In Professional Services Account No. 001-05-013-5420- 00-10-000 (16) P.R. No. 23740 – A Resolution Approving The Contract Amendment Between The City Of Port Arthur And The Department Of State Health Services To Extend The Contract Term Without Adding Funds, To Revise The Statement Of Work, And To Incorporate The Current Versions Of The HHS Uniform Terms And Conditions And Contract Affirmations. This Contract Began September 1, 2021, And Will Now Terminate May 31, 2026. Fund 101-23-061, Project HGCVHD (17) P.R. No. 23741 – A Resolution Authorizing Amendment No. 2 To The Contract Between Texas Department Of State Health Services And The City Of Port Arthur For A Healthy Texas Mothers & Babies Community Coalition Grant, To Revise The Budget And Add $85,000.00 In Funds For FY 2025 For A Total Not To Exceed Amount Of $235,000.00 Through August 31, 2025. No Match Required. Fund 101-23-061, Project HG25HB 8 AGENDA MAY 7, 2024 VII. CONSENT AGENDA – CONTINUED (18) P.R. No. 23742 – A Resolution Authorizing The City Manager To Enter Into A Lease Agreement With Pricing Through The BuyBoard Cooperative Purchasing Program, Contract #713-23 With Function 4 Of Beaumont, Texas, For Five (5) Years For Various Departments Located On The Third Floor Of City Hall At $667.76 Per Month, Or $8,013.12 Annually; Funding Available In Other Contractual Services Account No. 001-13-031-5470-00-10-000 (19) P.R. No. 23745 – A Resolution Authorizing The Pre-Qualification Of Thirteen (13) Civil Engineering Firms And Authorizing The City Manager To Negotiate With Said Firms For The Purpose Of Providing Professional Engineering Services For The City Of Port Arthur. This Pre-Qualification Will Be For A Two (2) Year Period (20) P.R. No. 23746 – A Resolution Authorizing The Second Year (First Renewal) For The Rental Of Regular Toilets, Wheelchair Accessible Toilets, ADA Accessible Toilets, And Portable Toilets With Hand Washing Station With United Site Services, Of Texas, Inc. Of Beaumont, Texas With A Projected Budgetary Amount Of $60,000.00 Annually, For The Parks And Recreation Department, Funding Available ($30,000.00 Parks And Recreation Account Number 001- 25-065-5401-00-20-000, $15,000.00 Public Works Account Number 403-50-320-5401-00-00-000, And $15,000.00 Pleasure Island Account Number 450-60-415-5312-00-00-000) (21) P.R. No. 23747 – A Resolution Authorizing The City Manager To Negotiate A Contract With Vitol Biomethane Of Houston, Texas, For The Property Lease And Development Of A Project To Convert Landfill Gas Into A Gas-To-Energy Project. Funds Are Not Required To Negotiate The Contract VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. No. 23726 – A Resolution Appointing A Member Or Members To The Pleasure Island Advisory Commission (Requested By Mayor Pro Tem Hamilton Everfield) 9 AGENDA MAY 7, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (2) P.R. No. 23732 – A Resolution Authorizing The Acceptance Of The Response To A Request For Proposal 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 B. Ordinances – Non-Consent (1) P.O. No. 7243 – An Ordinance Amending Chapter 38 (Fire Prevention And Protection) Of The Code Of Ordinances Of The City Of Port Arthur By Replacing Ch. 38 Fire Prevention And Protection In Its Entirety With International Fire Code 2021; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violations By Fine Not Exceeding Two Thousand Dollars, As Provided In Section 5 Of This Code Or As May Be Otherwise Imposed By State Law; Providing A Savings Clause; And Providing For Publication And An Effective Date Immediately After Publication (2) P.O. No. 7246 – An Ordinance Of The City Council Of The City Of Port Arthur Disannexing 11.59 Acres Tract Of Land Located Along State Highway 87 (AKA South Gulfway Drive) Near The Intracoastal Waterway) From The Corporate Boundaries Of Port Arthur, Jefferson County, Texas; Providing For The Following: Findings Of Fact, Effective Date, Filing, Severability, And Proper Notice & Meeting (3) P.O. No. 7247 – An Ordinance By The City Of Port Arthur, Texas Authorizing The Settlement Of Centerpoint Energy Resources Corp., D/B/A Centerpoint Energy Entex And Centerpoint Energy Texas Gas's Statement Of Intent To Increase Rates In The Houston, Texas Coast, South Texas, And Beaumont/East Texas Divisions, Filed October 30, 2023; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject; And Declaring An Effective Date 10 AGENDA MAY 7, 2024 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 May 8, 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. This is an abridged version of the City of Port Arthur Code of Ordinances Article II, Sec. 2-75 (a).