Loading...
HomeMy WebLinkAboutJULY 16, 2024 REGULAR MEETING 9:30 AM THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, City of CITY MANAGER MAYOR PRO TEM SHERRI BELLARD,TRMC COUNCIL MEMBERS: -�-� CITY SECRETARY WILLIE BAE LEWIS,JR. ►'t ►-t h a►' TIFFANY L.HAMILTON EVERFIELD JAMES M.BLACK HAROLD L.DOI CET,SR. Ie.ras INTERIM CITY ATTORNEY THOMAS KINLAW,III DONALD FRANK,SR. AG E N DA City Council Regular Meeting Tuesday, July 16, 2024 9:30 A.M . CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, July 16, 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: 830 0660 3685 And Passcode: 242446 (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.00v City Council Regular Meeting City Hall Council Chamber City Of Port Arthur July 16, 2024 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tem Beckcom Councilmember Lewis, Jr. Councilmember Hamilton Everfield 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) Charles Linton Of The Aqua Clean USA LLC Regarding Jump Starting A Business And Employing Locals From Port Arthur B. Presentations (1) A Presentation By Staff Regarding The Prince Hall Pipe Bursting Team (Requested By Councilmember Lewis) C. City Manager's Staff Reports — None D. Employee Recognition — None E. Correspondence — None AGENDA JULY 16, 2024 III. PETITIONS & COMMUNICATIONS — CONTINUED • F. Discussions (1) A Discussion Regarding Operation Of Pleasure Island (Requested By Councilmember Doucet) (2) A Discussion Regarding Obtaining Warrants For Code Enforcement (Requested By Councilmember Doucet) IV. PUBLIC HEARINGS — 10:00 A.M. (1) To Consider Whether Or Not To Issue A Permit To Port Arthur Pipeline, LLC C/O Sempra Energy Of Houston, Texas For The • Installation Of A Forty-Two Inch (42") Natural Gas Pipeline Within The Corporate Limits Of The City Of Port Arthur A Map Of The Proposed Rout And Other Information Concerning The Pipeline Will Be Presented At The Public Hearing And Can Be Examined In The Engineering Department, City Hall, Port Arthur Prior To The Hearing 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; 2 AGENDA JULY 16, 2024 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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 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 Request / Travel Expense Reports — None B. Minutes June 18, 2024 Regular Meeting July 2, 2024 Special Meeting (Executive Session) July 2, 2024 Regular Meeting AGENDA JULY 16, 2024 VII. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 23617 — A Resolution Authorizing The City Manager To Increase The City Of Port Arthur's Pleasure Island RV Park's Monthly Lot Rental Rates (2) P.R. No. 23744 — A Resolution Authorizing The City Manager To Purchase A Refurbished 1,000 Gallon Anhydrous Ammonia Tank From Tanner Industries, Inc Of South Hampton, Pennsylvania With Total Projected Budgetary Impact Of$26,370.00 Funds Are Available In Water Utilities Account No. 410-40-210-5312-00-00-000 Building Maintenance (3) P.R. No. 23817 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Approve The First Renewal Of A Contract For The Tractor Mowing Services Of The Highway 73, Jade Avenue, And The Spur 93 Business Parks With B&N Mowers, LLC Of Port Arthur, Texas, In An Amount Not To Exceed $38,000.00, PAEDC Funding Account No. 120-80-625-5479- 00-00-000 (4) P.R. No. 23827—A Resolution Authorizing The City Manager To Apply For Fiscal Year 2024 Advanced Law Enforcement Rapid Response Training (ALERRT) Grant Funding With No Grant Match Requirement (5) P.R. No. 23833 — A Resolution Authorizing The City Manager To Execute A Right Of Entry For Survey And Exploration Agreement With The U.S. Army Corps Of Engineers For Temporary Access To Conduct Survey And Field Investigation That Will Help Further The Engineering Design Of The Flood Mitigation Campaign Called The Sabine Pass To Galveston Bay (S2G) Project (6) P.R. No. 23835 — A Resolution Authorizing The City Manager To Reject The Request For Proposals Of Meter And AMI Equipment Replacement For Guaranteed Energy Savings 4 AGENDA )ULY 16, 2024 VII. CONSENT AGENDA— CONTINUED (7) P.R. No. 23836 — A Resolution Authorizing A Non-Exclusive Agreement With Goodwyn Mills Cawood, LLC Of New Orleans, Louisiana, For Debris Monitoring Services In The Event Of An Emergency Or Disaster In An Amount Not To Exceed $2,000,000.00 (8) P.R. No. 23837—A Resolution Authorizing The City Manager To Enter Into A Professional Services Agreement With Mike Pietsch, P.E. Consulting Services, Inc. Of Garland, Texas For Services Related To The City Of Port Arthur's Insurance Service Organization (ISO) Audit For The Port Arthur Fire Department In An Amount Not To Exceed $46,000.00; Funds Are Available In Professional Services Account 001-19-047-5420-00-30-000 (9) P.R. No. 23839 — A Resolution Authorizing The Third Year (Second Renewal) For Mowing Contracts Between The City Of Port Arthur And Amelia Lawn Care & Landscaping Of Port Arthur, Texas For Group 1, Valencia Lawn Of Port Arthur, Texas For Group 1(A), Consider Us Of Port Arthur, Texas For Group 8, And Whit's Grass Cutting Of Port Arthur, Texas For Group 9; The Second Year (First Renewal) For The Mowing Contract With Consider Us Of Port Arthur, Texas For Group 2; For Mowing Of Various City Properties, Parks & Right-Of-Ways With An Estimated Budgetary Impact Of $83,979.00 (FY 2024 $31,992.00 And FY 2025 $51,987.00) Funding Available In Parks Account No. 001-25-065-5311-00-20-000 (10) P.R. No. 23840—A Resolution Authorizing The City Manager To Enter Into Contracts With Smith's Remodeling Of Port Arthur, Texas For Group 3(C) And Consider Us Of Port Arthur, Texas For Group 7(A) For The Mowing Of Various City Properties, Parks And Right-Of-Ways With A Projected Budgetary Impact Of $70,350.00 (FY 2024 $26,800.00 And FY 2025 $43,550.00) Funding Available In Parks Account No. 001-25-065-5311-00-20-000 5 AGENDA , JULY 16, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23706 —A Resolution Authorizing The Purchase Of A Tractor From Beaumont Tractor Company, Inc. Of Beaumont, Texas For The Pleasure Island Department With A Total Projected Budgetary Impact Of $46,250.00; Funding Available In Account No. 450-00- 000-8522-00-00-000, Project No. ARP017.OTH.EQU Is Contingent Upon Pending Budget Amendment PO No. 7256 (2) P.R. No. 23795 — A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Repair To The Austin Avenue 12" Gravity Sewer, For The Total Not To Exceed Amount Of$195,000.00; The Funding For This Project In Water Utilities Account No. 405-40- 000-8516-00-00-000, Project No. WS0016-CON Is Contingent Upon The Approval Of A Budget Amendment Via Adoption Of Proposed Ordinance No. 7256 (3) P.R. No. 23813 — A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Installation Of 16" Casing And 12" Gravity Sewer In Sabine Pass, For The Total Not To Exceed Amount Of $184,320.00; The Funding For This Project In Water Utilities Account No. 405-40-000-8516-00-00-000, Project No. WS0016-CON, Is Contingent Upon The Approval Of A Budget Amendment Via Adoption Of Proposed Ordinance No. 7256 (4) P.R. No. 23818 — A Resolution Of The City Council Of The City Of Port Arthur, Texas, Authorizing The Publication Of The Notice Of Intention To Issue City Of Port Arthur, Texas Combination Tax And Revenue Certificates Of Obligation In A Principal Amount Not To Exceed $19,675,000.00 For The Construction Of Public Works And Any Items Related Thereto And For The Payment Of Contractual Obligations For Professional Services; Authorizing The Distribution Of A Preliminary Official Statement Relating To Such Certificates; And Containing Other Provisions Relating Thereto 6 AGENDA JULY 16, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (5) P.R. No. 23822 — A Resolution Authorizing The City Manager To Execute Change Order No. 3, To The Contract With 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, To Fabricate Backplates For The Existing Primary And Secondary Monument Signs In The Amount Of $24,500.00; Perform Water Line Taps At The Monument Signs Located At 2838 Highway 365 In The Amount Of $18,300.00 And 444 4th Street In The Amount Of $1,900.00, Thereby Increasing The Contract Amount By $53,900.00 To A New Total Projected Budgetary Contract Amount Of $1,179,869.79 ($1,029,740.13 Available In Account Number 140-15- 600-5470-00-20-000 Project Number H01020 And $150,129.66 Available In Account Number 307-25-067-8525-00-10-000 Project Number PR0009-OTH) Is Contingent Upon Pending Budget Amendment PO No. 7256 (6) P.R. No. 23841 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And BerryDunn, McNeil & Parker, LLC (BerryDunn) Of Portland, Maine, For The Development Of A Citywide Five-Year Strategic Plan, With A Projected Budgetary Impact Of $125,000.00. Account No. 001-01-005-5470-00-10- 000/Project MA0042 B. Ordinances — Non-Consent (1) P.O. No. 7232 — An Ordinance Of The City Of Port Arthur, Texas Amending Article III, Divisions 4 & 5 (Discharge Of Waste Into Public Sewers) Of Chapter 110 (Utilities) Of The Code Of Ordinances; Regulating The Discharge Of Industrial Waste, Wastewater And Other Matter Into The Sanitary Sewers Of The City By Adding A New Standard Of Surcharges For BOD, TSS And Ammonia Under 110.215(a)(2), Revising The Current Local Limits Under 110-215(d) And Increasing The Fee For Liquid Waste Disposal Under 110-245(i) And Providing For Publication (2) P.O. No. 7248 — An Ordinance As It Pertains To The Fire Department Staffing Levels AGENDA JULY 16, 2024 • VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 7249 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Neighborhood Services To Low Density Residential On Approximately 1.437-Acre Tracts Of Land Being Out Of Vista Village Subdivision, And Consisting Of Tracts CA-1-A, CA-1-B, And CA-1-C, Replat Of All Of Tract CA-1, Of A Replat Of Commercial "A", Vista Village Subdivision, City Of 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 Z24-05 — Open Book Real Estate Investments (4) P.O. No. 7256 — 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 Water & Sewer Capital Project By $379,320.00, The Transit Fund By $145,212.00, The Pleasure Island Fund By $30,000.00, And Capital Fund By $160,000.00. (5) P.O. No. 7257 —An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (6) P.O. No. 7258 —An Ordinance Extending The Declaration Of Disaster • Pursuant To §418.108(b) Of The Texas Government Code 8 AGENDA JULY 16, 2024 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 551.074 Government Code — To Discuss The Duties And Responsibilities Of Councilmember Doucet (Requested By Councilmember Doucet) *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 July 17, 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 *************************************************** 9 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 Reauestina 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).