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HomeMy WebLinkAboutJULY 30, 2024 REGULAR MEETING 5_30 PMTHURMAN BILL BARTIE, MAYOR RONALD BURTON, CPM DONEANE BECKCOM, CITY MANAGER MAYOR PRO TEM SHERRI BELLARD, TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS, JR. TIFFANY L. HAMILTON EVERFIELD JAMES M. BLACK HAROLD L. DOUCET, SR. INTERIM CITY ATTORNEY THOMAS KINLAW, III DONALD FRANK, SR. AGENDA City Council Regular Meeting Tuesday, July 30, 2024 5:30 P.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, July 30, 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: 823 5708 0224 And Passcode: 459255 (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 July 30, 2024 5:30 PM 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) Richard And Claudette Bowden Regarding The Port Arthur Youth Tennis Club 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 – None D. Employee Recognition – None 2 AGENDA JULY 30, 2024 III. PETITIONS & COMMUNICATIONS – CONTINUED E. Correspondence – None F. Discussions (1) A Discussion On Accounts And Identifying Funding (Requested By Councilmember Doucet) (2) A Discussion Regarding Development On Heatherbrook and Briar Point (Requested By Councilmember Kinlaw) (3) A Discussion Regarding The Code Of Ordinance As It Applies To Residential Parking (Requested By Mayor Pro Tem Beckcom) IV. PUBLIC HEARINGS – 6:00 P.M. – NONE 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; 3 AGENDA JULY 30, 2024 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) – CONTINUED (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 July 11, 2024 Special Meeting 4 AGENDA JULY 30, 2024 VII. CONSENT AGENDA – CONTINUED C. Resolutions (1) P.R. No. 23784 – A Resolution Authorizing The City Manager To Execute Change Order No. 2, To The Contract Between The City Of Port Arthur And Allco, LLC, Of Beaumont, Texas, For The Port Acres Drainage Improvement Project For The Relocation Of The Sanitary Sewer Services, Sewer Main And The Addition Of Eighteen (18) Calendar Days For The Amount Of $159,385.00 To The New Contract Amount Of $33,314,067.77. Funding Is Available In Drainage System Account No. 307-21-055-8515-00-10-000. Project No. DR1P03A (2) P.R. No. 23810 – A Resolution Authorizing The City Manager To Apply To The U.S. Department Of Housing And Urban Development For A Community Development Block Grant For $1,030,589.00 And A Grant In The Amount Of $300,103.00 In Home Investment Partnership (HOME) Funds And Authorizing The City Manager To Execute The City Of Port Arthur's 2024 5-Year Consolidated Annual Plan. The Consolidated Plan Will Be Submitted To The U.S. Department Of Housing And Urban Development (3) P.R. No. 23820 – A Resolution Authorizing The City Manager To Enter In An Agreement With Industrial And Commercial Mechanical (ICM) Of Beaumont, Texas, Through BuyBoard Contract 638-21 For The Replacement Of The Heating, Ventilation And Air Conditioning (HVAC) Water Chiller For City Hall For The Not-To-Exceed Amount Of $28,273.75. Funds Are Available In The Capital Improvement Fund Buildings Account Number 307-21-049-8512-00-10-000, Project Number BU0002-CON (4) P.R. No. 23831 – A Resolution Authorizing The Execution Of Major Pipeline Permit 23-03 From The City Of Port Arthur 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, Texas 5 AGENDA JULY 30, 2024 VII. CONSENT AGENDA – CONTINUED (5) P.R. No. 23838 – A Resolution Authorizing The City Manager To Accept The Project Completion Documents For The Sanitary Sewer System Rehabilitation Sabine Pass Pearl Street Project With Global Drilling, Inc. Of Winnie, Texas, And Release The Retainage In The Total Amount Of $22,054.70; Funding Is Available In Retainage Account No. 405-00-000-2050-00-00-000, Project No. WS0006-CON (6) P.R. No. 23844 – A Resolution Approving The Home Investment Partnerships American Rescue Plan Program (HOME-ARP) Contract Budget Amendment Between The City Of Port Arthur And Family Services Of Southeast Texas (7) P.R. No. 23845 – A Resolution Authorizing The City Manager To Enter Into A Contract With Mustang Cat Of Beaumont, Texas, To Repair The Axles, Brakes, And Final Drives On The 826K Compactor Equipment No. 2074 For The Landfill Through Sourcewell Contract No. 032119-Cat In The Not-To-Exceed Amount Of $72,386.99. Funds Are Available In The Landfill’s Equipment Maintenance Account No. 403-50-320-5318-00-00-000 (8) P.R. No. 23848 – A Resolution Designating And Establishing The Alumni Basketball Tournament Entertainment Area For 2024, Designating The Little Titans And The Port Arthur Alumni Softball Group As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof (9) P.R. No. 23852 – A Resolution Authorizing Payment Of Annual Service Fees To Tyler Technologies Of Dallas, Texas, In The Amount Of $26,978.85; Funding Available In 001-17-045-5401-00-30-000 (10) P.R. No. 23853 – A Resolution Authorizing The City Manager To Accept The Close Out Documents Submitted By DRC Construction, LLC Of Beaumont, Texas For The Completion Of Three (3) New Construction Homes And Approve The Release Of Retainage In The Total Amount Of $30,906.25. Funds Are Available In Account No. 105-13-033-5470-00-40-000, Project No. CD22115 ($8,009.50), And Account No. 108-13-033-5470-00-40-000, Project No. HE2305 ($22,896.75) 6 AGENDA JULY 30, 2024 VII. CONSENT AGENDA – CONTINUED (11) P.R. No. 23856 – A Resolution Authorizing The Payment To Front Line Mobile Health, Of Georgetown, Texas, For Conducting National Fire Protection Association 1582 Standard On Comprehensive Occupational Medical Program Firefighter Physical Examinations In The Amount Of $53,868.75.; Funding Available In Professional Services Account No. 001-19-047-5420-00-30-000 (12) P.R. No. 23858 – A Resolution Calling For A Public Hearing To Consider Amending The Zoning Ordinance Of The City Of Port Arthur By Amending Planned Development District – 9 [PD-9], Adding A Use Type To Section 2(3) Permitted Uses, City Of Port Arthur, Jefferson County, Texas Z24-06 (A) – City Of Port Arthur, Texas (13) P.R. No. 23859 – A Resolution Calling For A Public Hearing To Consider A Specific Use Permit For 1.2865 Acres Of Land Being Out Of The City Of Port Arthur, Jefferson County, Texas. (2509 Lakeshore Drive And 2545 Lakeshore Drive) Z24-06 (B) – Julie Kay Hollingsworth Rhoden (14) P.R. No. 23860 – A Resolution Authorizing The City Manager To Execute A Right Of Entry For Survey And Field Investigation Agreement With Diligence Offshore Services, LLC For Temporary Access To Conduct Survey And Field Investigations That Will Help Further The Engineering Design Of The Port Arthur Offshore Wind Hub And Wind Farm Project On Pleasure Island (15) P.R. No. 23862 – A Resolution Amending Resolution No. 24-229 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 JULY 30, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. No. 23829 – A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Repair Of 12" Gravity Sewer In Sabine Pass, For The Total Not To Exceed Amount Of $147,260.00 From Water Utilities Account No. 405-40-000-8516-00-00-000, Project No. WS0006-CON Is Contingent Upon The Approval Of A Budget Amendment Via Adoption Of Proposed Ordinance No. 7261 (2) P.R. No. 23830 – A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Repair To The 12-Inch Sanitary Sewer Main On 36th Street And The 15-Inch Sanitary Sewer On 3rd Avenue, For The Total Not To Exceed Amount Of $177,260.00 From 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. 7261 (3) P.R. No. 23832 – A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement Between The City Of Port Arthur And Drainage District 7 (DD7) For The Improvement Of The Existing Interurban Drainage Ditch Designated As B2-A Row Along Rice Farm Road For The Amount Of $896,488.18. Funds Are Available From The Streets Account 307-21-053-8515-00-10-000 And Is Contingent Upon The Approval Of A Budget Amendment Via Adoption Of Proposed Ordinance No. 7261. Project No. DR1P10 (4) P.R. No. 23847 – A Resolution Authorizing The City Manager To Execute A Contract With Global Emergency Services, LLC Of Beaumont, Texas, For Trash Collection. Funding Is Available In The ARPA Revenue Loss – Garbage Collection Support Account, ARP010- GRE-RNT, For The Maximum Amount Of $153,000.00. The Remaining $347,000.00 Is Available In The Solid Waste Trash Collection Other Contractual Services Account, 403-50-305-5470-00- 00-000. The Total Not-To-Exceed Amount Is $500,000.00. Funding Is Contingent Upon Pending Budget Amendment PO 7261 8 AGENDA JULY 30, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (5) P.R. No. 23849 – A Resolution Authorizing The City Manager To Execute A Letter Of Engagement With Pattillo, Brown And Hill, LLP, As Independent Auditor For The City Of Port Arthur With A Projected Budgetary Impact Of $120,000.00 For The Year Ending September 30, 2023. Finance Department Account #001-07-015-5420-00-10- 000 Pending Budget Amendment PO 7261 (6) P.R. No. 23857 – A Resolution Appointing And/Or Reappointing Members To The Port Arthur Coalition For Homeless Advisory Board (Requested By Mayor Pro Tem Beckcom And Councilmember Hamilton Everfield) (7) P.R. No. 23861 – A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Lewis) (8) P.R. No. 23863 – A Resolution Appointing A City Attorney For The City Of Port Arthur And Establishing The Terms Of Employment B. Ordinances – Non-Consent (1) P.O. No. 7259 – An Ordinance Authorizing The Sale Of Surplus Furniture & Minor Equipment Through Rene Bates Auctioneers, Inc & Technology Equipment Through Global Asset, LLC (2) P.O. No. 7260 – An Ordinance Authorizing The Sale Of Two City- Owned Vacant Residential Tracts Of Land Located At 932 Welford Avenue And 1445 West 8th Street And Further Authorizing The City Manager To Execute A Special Warranty Deed For The Conveyance (3) P.O. No. 7261 – 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 $324,520.00, The Capital Improvement By $896,489.00, The Capital Reserve Fund By $247,552.00, The Solid Waste Fund By $347,000.00 And The General Fund By $120,000.00 9 AGENDA JULY 30, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (4) P.O. No. 7264 – An Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The International Association Of Fire Fighters Local 397 (IAFF 397); Effective October 1, 2024 Through September 30, 2027 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 July 31, 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).