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HomeMy WebLinkAboutAUGUST 13, 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: c �- CITY SECRETARY WILLIE BAE LEWIS,JR. o r t rt h u r TIFFANY L.HAMILTON EVERFIELD Tezas JAMES M.BLACK HAROLD L.DOI CET,SR. INTERIM CITY ATTORNEY THOMAS KINLAW,III DONALD FRANK,SR. AG EN DA City Council Regular Meeting Tuesday, August 13, 2024 9:30 A.M . CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, August 13, 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: 862 6794 8296 And Passcode: 072329 (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 City Council Regular Meeting City Hall Council Chamber City Of Port Arthur August 13, 2024 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern 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) Jake H. H. Johnson Jr., Regarding Asking The City For Asylum (2) Danny E. Crout Regarding Water Billing B. Presentations (1) A Presentation By Staff Regarding The Status Of Water And Drainage Lines On Proctor Street, Lakeshore Drive, Gulfway Drive And Memorial Boulevard (Requested By Councilmember Lewis) (2) A Presentation By Staff Regarding Additional Advertising For Contractors For Infrastructure (Requested By Councilmember Lewis) C. City Manager's Staff Reports — None 1 AGENDA AUGUST 13, 2024 III. PETITIONS & COMMUNICATIONS — CONTINUED D. Employee Recognition — None E. Correspondence — None F. Discussions — None IV. PUBLIC HEARINGS — 10:00 A.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; (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 2 "AG ENDA AUGUST 13, 2024 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED *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 16, 2024 Regular Meeting July 24, 2024 Special Meeting (Executive Session) July 30, 2024 Special Meeting July 30, 2024 Special Meeting (Executive Session) July 30, 2024 Regular Meeting August 6, 2024 Special Meeting C. Resolutions (1) P.R. No. 23816 — A Resolution Authorizing The City Manager To Purchase A Vehicle Lift For The City's Maintenance Garage Located At 103 HO Mills In Port Arthur, Texas From Southeast Texas Automotive Equipment Of Beaumont, Texas In The Amount Not To Exceed $31,265.00; Funds Available In Account 001-13-037-8522- 00-70-000 3 ' AGENDA AUGUST 13, 2024 VII. CONSENT AGENDA — CONTINUED (2) P.R. No. 23842 — A Resolution Approving An Invoice In The Amount Of$5,695.00 From Impact Datasource, LLC Of Austin, Texas, To The Port Arthur Section 4A Economic Development Corporation For An Annual Subscription To Produce Project Economic And Fiscal Impact Reports. Funds Available In Account No. 120-80-625-5450-00-00- 000 (3) P.R. No. 23843 — A Resolution Approving Amendment No. 1 To The Economic Development Performance Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And MPW Industrial Water Services, Inc. (4) P.R. No. 23851 — A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding With The Port Arthur Independent School District As It Pertains To The Use Of Bob Bowers Civic Center As An Emergency Staging Area (5) P.R. No. 23864—A Resolution Authorizing The City Manager To Allow The Fire Department To Apply For A Grant From Motiva's First Responder Grant Program (6) P.R. No. 23865 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $11,293.49 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Solid Waste Unit #2218 (7) P.R. No. 23866 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $11,200.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Police Unit #2260 • AGENDA AUGUST 13, 2024 VII. CONSENT AGENDA — CONTINUED (8) P.R. No. 23868—A Resolution Authorizing The City Manager To Enter Into An Agreement With Mike Barnett Construction, Inc. Of Port Neches, Texas For The Utilities Service Center Building Roof Replacement Under The Southeast Texas Cooperative Contract No. 20240202 Administrated By The Region 5 Education Service Center (Region 5 ESC), With A Projected Budgetary Impact Amount Of $135,030.00. Funding Is Available In Account No. 410-40-215-5312- 00-00-000, Building Maintenance (9) P.R. No. 23873 — A Resolution Calling A Public Hearing To Consider The City's Participation In The Texas Enterprise Zone Program Pursuant To The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code ("ACT"), Providing Tax Incentives, Designating A Liaison For Communication With Interested Parties, And Nominating Motiva Enterprises, LLC 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 (10) P.R. No. 23874 — A Resolution Authorizing The Pre-Qualification Of Sixteen (16) Engineering Firms And Authorizing The City Manager To Negotiate With Said Firms To Provide Professional Engineering Services For The Water Utilities Department. This Pre-Qualification Will Be For A Two (2) Year Period VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23855—A Resolution Authorizing The City Manager To Enter Into A Contract With G&G Enterprises Construction Corporation Of Beaumont, Texas, For The Construction Of The New Fire Station No. 3 (Port Acres), For The Total Not To Exceed Amount Of $9,258,000.00; The Funding In Capital Improvement Account No. 307-21-409-8512-00-10-000, Project #B00013.CON Is Contingent Upon The Approval Of A Budget Amendment Via Adoption Of Proposed Ordinance No. 7270 5 AGENDA AUGUST 13, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 7270 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2023 And Ending September 30, 2024, Increasing Capital Improvement Fund By $5,454,325.00 IX. WORKSHOP A Workshop Regarding Water And Wastewater Infrastructure Rehabilitation 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 August 14, 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 *************************************************** i 6 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).