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HomeMy WebLinkAboutMAY 21, 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, May 21, 2024 9:30 A.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, May 21, 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: 824 1458 0230 And Passcode: 488153 (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 21, 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) Eduardo Ochoa Regarding 62nd Street In A Condition Of Disrepair B. Presentations (1) A Presentation By Human Resources Regarding Hiring Practices, The Status Of Vacancies Including The Current Number Of Vacancies And Those Vacant For Two Years Or More, The Number Of Temporary, Contract And Consultant Positions Currently Held For Two Years Or More (Requested By Councilmember Kinlaw) C. City Manager’s Staff Reports (1) A Report By Staff And Rick Davis, Assistant City Manager, League City Texas Regarding The Strategic Planning Process 2 AGENDA MAY 21, 2024 III. PETITIONS & COMMUNICATIONS – CONTINUED (2) A Report By The Utility Staff Regarding The Attorney General’s Findings On Wastewater (3) A Report By The Transit Department Regarding Availability Of Services D. Employee Recognition – None E. Correspondence – None F. Discussions (1) A Discussion Regarding Enforcement Of The City Ordinance Pertaining To Trash Pickup And Removal (Requested By Mayor Pro Tem Hamilton Everfield) (2) A Discussion Regarding Initiating A Review And Amendment Of Article I., Chapter 106, Section 106-7 (A) And (C) As It Pertains To Designated Streets Upon Which Commercial Vehicles Exceeding 10,000 Pounds May Be Prohibited From Operating On And The Enforcement. (Requested By Councilmember Kinlaw) (3) A Discussion Regarding Drainage Issues At Rice Farm Road And Surrounding Area Coming From Willow Place Townhomes (Requested By Councilmember Beckcom) (4) A Discussion And Possible Action Regarding Appointment Of A Parliamentarian For Regular Council Meetings (Requested By Councilmember Doucet) IV. PUBLIC HEARINGS – 10:00 A.M. – NONE 3 AGENDA MAY 21, 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 – NONE 4 AGENDA MAY 21, 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 – None B. Minutes May 7, 2024 Special Meeting (Executive Session) May 7, 2024 Regular Meeting C. Resolutions (1) P.R. No. 23709 – A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And The Port Arthur American Little League For The Use Of Virginia/Sal Grado Field At Pioneer Park (2) P.R. No. 23737 – A Resolution Authorizing The City Manager To Enter Into A Professional Services Agreement With Arceneaux Wilson & Cole Of Port Arthur, Texas For The Lead Service Line Inventory Project, In The Total Amount Not To Exceed $800,000.00; Funds Are Available In FY24 For $500,000.00 And $300,000.00 In Proposed FY25 (Pending The Council’s Approval). Account No. 405-40-000- 8516-00-00-000, Project No. WS00024-CON (3) P.R. No. 23748 – A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Accepting A Quote And Engaging The Services Of Team Solutions, Inc. Of Waco, Texas For The Replacement Of Nine (9) VAV Controllers That Service The HVAC System At 501 Procter In An Amount Not To Exceed $6,679.36, PAEDC Funding Account No. 120-80-625-5318-00-00- 000 5 AGENDA MAY 21, 2024 VII. CONSENT AGENDA – CONTINUED (4) P.R. No. 23751 – A Resolution Authorizing The Purchase Of Musical Playground Equipment For Lakeview Park From Kraftsman Commercial Playground & Water Parks Of Spring, Texas, For The Parks And Recreation Department Through Texas BuyBoard Cooperative Purchasing Contract Number 679-22, In An Amount Not To Exceed $32,677.61; Funding Available Account Number 001-25- 065-8522-00-20-000 (5) P.R. No. 23753 – A Resolution Authorizing The City Manager To Enter Into An Agreement With The City Of Port Arthur Section 4A Economic Development Corporation To Utilize Unoccupied Land At The Jade Avenue Business Park Located At 9555 West Port Arthur Road As A Temporary Debris Management Site In The Event Of State Or Federally Declared Disaster (6) P.R. No. 23754 – A Resolution Authorizing The City Manager To Purchase A Rotating Assembly For The Allis-Chalmers Pump At The Port Acres Wastewater Treatment Plant (WWTP) From Automatic Pump And Equipment Company, Inc. Of Beaumont, Texas With A Total Projected Budgetary Impact Of $48,572.00. Funds Are Available In Water Utilities Account No. 410-40-225-5318-00-00-000 Equipment Maintenance (7) P.R. No. 23755 – A Resolution Approving The Interlocal Cooperation Contract For Tuberculosis Prevention And Control Combined Federal And State Contract Between The Department Of State Health Services And The City Of Port Arthur For A Total Amount Not To Exceed $64,216.00. The Federal Share Is $17,727.00 With A Cash Match Of $3,545.00, And The State Share Is $35,787.00 With A Cash Match Of $7,157.00 (8) P.R. No. 23757 – A Resolution Authorizing The City Manager To Accept The Jefferson County Tourism Grant In The Amount Of $21,800.00 For Beach/Park On Waterway – Pleasure Island 6 AGENDA MAY 21, 2024 VII. CONSENT AGENDA – CONTINUED (9) P.R. No. 23758 – A Resolution Authorizing The City Manager To Execute A Contract With Inland Environments Ltd., In The Amount Of $39,960.00 For Asbestos Abatement And Demolition Of A Dangerous Commercial Property Located At 1340 E. Procter Street, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Services) (10) P.R. No. 23759 – A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction (11) P.R. No. 23760 – A Resolution Authorizing The City Manager To Sign An Agreement With And A Letter Of Support For Community Showcase Banners, LLC, DBA As CGI Digital, For A Streetscape Banner Program At No Cost To The City Of Port Arthur (12) P.R. No. 23763 – A Resolution Authorizing The City Manager To Execute A Contract With Inland Environments Ltd Of Kingwood, Texas For Asbestos Abatement, Lead Remediation, And Demolition Of Four (4) Dilapidated Residential Properties Under The Southeast Texas Cooperative Contract No. 20230404, Administered By The Region 5 Education Service Center (Region 5 ESC) For A Total Amount Not To Exceed $66,060.00. Funds Are Available Through The Community Development Block Grant Program Account Number 105-13-033-5470-00-40-000, Project Number CD22115.GRE.OCS (13) P.R. No. 23764 – A Resolution Authorizing The City Manager To Execute A Contract With W & W Construction Of Port Arthur, Texas For Concrete Repairs At City Hall, With A Projected Budgetary Impact Amount Of $40,770.00; Funding Available In Capital Improvement Account No. 307-21-053-8517-00-000. Project DT0004.CON (14) P.R. No. 23765 – A Resolution Nominating BASF Corporation To The Office Of The Governor Economic Development And Tourism (OOGEDT) Through The Economic Development Bank For Designation As A Qualified Business And Enterprise Project Under The Texas Enterprise Zone Program Under The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code 7 AGENDA MAY 21, 2024 VII. CONSENT AGENDA – CONTINUED (15) P.R. No. 23767 – A Resolution Authorizing The City Manager To Apply For A Funding Opportunity Through The U.S. Department Of Energy Local Government Energy Program: Communities Sparking Investment In Transformative Energy, For Park Improvements And Enhancements VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. No. 23750 – A Resolution Documenting That Pursuant To The Amendment Of Section 9 Of Article II Of The City Charter Approved At The May 2, 1992 City Election In The City Of Port Arthur, Texas, District 3 Councilmember Shall Serve As Mayor Pro Tem And Shall Act As Mayor During The Absence Or Disability Of The Mayor And Shall Serve As Mayor Pro Tem Until May 2025 SWEARING IN OF MAYOR PRO TEM DONEANE BECKCOM B. Ordinances – Non-Consent – None 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 8 AGENDA MAY 21, 2024 IX. *CLOSED MEETING (EXECUTIVE SESSION) – CONTINUED 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 Including Ambulance Services (2) Section 551.072 Government Code – To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The Corporate Limits Of Port Arthur, (i.e., 932 Welford Avenue; 1445 W. 8th Street; And 2.023 Acres Of Ditch Right Of Way North Of W. 19th Street) *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 May 22, 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).