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HomeMy WebLinkAboutSEPTEMBER 10, 2024 REGULAR MEETING 9_30 AMTHURMAN 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 ROXANN PAIS COTRONEO HAROLD L. DOUCET, SR. CITY ATTORNEY THOMAS KINLAW, III DONALD FRANK, SR. AGENDA City Council Regular Meeting Tuesday, September 10, 2024 9:30 A.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, September 10, 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: 878 7114 1617 And Passcode: 197114 (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 September 10, 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 _____ City Attorney Pais Cotroneo _____ Police Chief Duriso Or Designee _____ II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers – None B. Presentations (1) A Presentation By Selim Kiralp Regarding Pleasure Island Projects C. City Manager’s Staff Reports – None D. Employee Recognition – None E. Correspondence – None 2 AGENDA SEPTEMBER 10, 2024 III. PETITIONS & COMMUNICATIONS – CONTINUED F. Discussions (1) A Discussion Regarding The Current Status Of The Repairs To Rosehill Manor And The Timeline For Projected Completion (Requested By Mayor Pro Tem Beckcom) (2) A Discussion Regarding An Update On Status Of Stonegate Drainage Project (Jimmy Johnson, Golfhill And Oakmont Construction Sites) (Requested By Mayor Pro Tem Beckcom) (3) A Discussion Regarding Appointing A City Delegation To The Texas Legislature In Austin (Requested By Councilmembers Kinlaw And Frank) 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; 3 AGENDA SEPTEMBER 10, 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 August 27, 2024 Special Meeting (Executive Session) August 27, 2024 Regular Meeting September 3, 2024 Special Meeting 4 AGENDA SEPTEMBER 10, 2024 VII. CONSENT AGENDA – CONTINUED C. Resolutions (1) P.R. No. 23881 – A Resolution Authorizing The City Manager And City Attorney To Purchase Tract Or Parcel No. 95652, Located At 727 Freeman Avenue, From The Port Of Port Arthur Navigation District For The Fair Market Value Amount Of $4,000.00, To Be Used As Part Of The Future Site Of The New Fire Station No. 2; Funding Available In Account No. 001-01-003-5420-00-10-000 (2) P.R. No. 23885 – A Resolution Authorizing The City Manager To Accept A Donation From The Cheniere Foundation To Support The Pleasure Island Engineering And Design For A Visitor’s Center In The Amount Of $50,000.00 (3) P.R. No. 23886 – A Resolution Calling For A Public Hearing To Consider A Specific Use Permit For 2.760 Acres Of Land Being Out Of Ravello Land, Port Arthur, Jefferson County, Texas. (4997 North Twin City Highway Suite #170) Z24-07 Investar Inc. Specific Use Permit #243 (4) P.R. No. 23887 – A Resolution Calling For A Public Hearing To Consider A Specific Use Permit For 0.4993 Acre Of Land Being Out Of Port Arthur Land Company, Jefferson County, Texas. (3949 North Twin City Highway) Z24-08 Dewyvile Oil Company Specific Use Permit #244 (5) P.R. No. 23891 – A Resolution Authorizing A Contract With Joseph P. Sanders As The City Prosecutor; Funding Available In Law Department Account No. 001-05-013-5424-00-10-000 (Contract Prosecutor) 5 AGENDA SEPTEMBER 10, 2024 VII. CONSENT AGENDA – CONTINUED (6) P.R. No. 23892 – A Resolution Authorizing The City Manager To Execute An Agreement Between Tekoa Academy Charter School And The City Of Port Arthur For The Use Of The Amos Evans Building For Basketball And Volleyball Practices And Games For The Remainder Of The 2024/2025 School Year (7) P.R. No. 23893 – A Resolution Authorizing The City Manager To Accept The Project Completion Documents For The Landfill Waterline Extension Project With BDS Construction, LLC DBA MK Constructors Of Vidor, Texas, And Release The Retainage In The Total Amount Of $72,868.95; Funding Is Available In Retainage Account No. 405-00- 000-2050-00-00-000 (8) P.R. No. 23894 – A Resolution Authorizing The Third Year (Second And Final Renewal) Of The Contract With Siddons-Martin Emergency Group Of Port Arthur And Houston, Texas, For Preventative Maintenance And Repair To Fire Department Fire Apparatus And Other Special Response Vehicles, With A Projected Budgetary Impact Of $410,000.00; Funding Will Be Available In The FY25 Fire Department Motor Vehicle Maintenance Account No. 001-19-047- 5319-00-30-000, Pending FY25 Appropriation (9) P.R. No. 23895 – A Resolution Authorizing The City Manager To Enter Into A Contract With FarrWest Environmental Supply, LLC Of Schertz, Texas To Lease, Calibrate And Maintain Fire Department Hazardous Materials Monitoring And Detection Equipment And Entry Suits, Through BuyBoard Cooperative Purchase Contract 603-20 In The Annual Amount Of $66,987.61; Funding Available In Account No. 001-19-047-5318-00-30-000 Pending FY25 Appropriation (10) P.R. No. 23896 – A Resolution Ratifying The City Manager's Decision For The Emergency Repairs To 36-Inch Force Main At The Main Outfall Lift Station By Allco, LLC For The Total Budgetary Impact Of $51,999.26, Account No. 405-40-000-8516-00-00-000, Project No. WS0007-CON 6 AGENDA SEPTEMBER 10, 2024 VII. CONSENT AGENDA – CONTINUED (11) P.R. No. 23899 – A Resolution Authorizing The Purchase Of Training And Software Equipment From Advexure Unmanned System Of Irvine, California Through Sourcewell Contract 011223-ADX In The Amount Of $24,019.80; Funds Available Through Account Number 001-17-045-5450-00-30-000 (12) P.R. No. 23900 – A Resolution Authorizing The Acceptance Of A Donation From Lowes, In The Form Of Two (2) Wooden Tables With Benches (13) P.R. No. 23901 – A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction (14) P.R. No. 23902 – A Resolution Authorizing The City Manager To Accept Close Out Documents Submitted By Marsh Waterproofing, Inc. Of Vidor, Texas And Approve The Release Of Retainage In The Amount Of $24,190.00 For Phase III Repairs And Renovations To Pompeiian Villa. Funding Is Available In Account No. 307-00-000- 2050-00-00-000, Project No. BU0015 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. No. 23888 – A Resolution Casting Votes For The Region 16 Director Of The Texas Municipal League (TML) Board Of Directors For A Two-Year Term (2) P.R. No. 23897 – A Resolution Appointing And/Or Reappointing Member(s) To The Zoning Board Of Adjustment (3) P.R. No. 23903 – A Resolution Appointing A Chairman Of The Board Of Directors To The Downtown Tax Increment Reinvestment Zone TIRZ #1 Board, Effective January 1, 2025, To Serve A One Year Term 7 AGENDA SEPTEMBER 10, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (4) P.R. No. 23906 – A Resolution Appointing And/Or Reappointing Members To The Port Arthur Coalition For Homeless Advisory Board (Requested By Mayor Pro Tem Beckcom) B. Ordinances – Non-Consent (1) P.O. No. 7273 – An Ordinance Amending Chapter 110 (Utilities), Article II (Water), Division 3 (Service Charges And Billing), Sections 110-91 (Rate Schedule) Of The Code Of Ordinances Of The City Of Port Arthur, As It Pertains To Discount Benefiting Senior Citizens Residential Customers (Requested By Councilmember Lewis) (2) P.O. No. 7276 – An Ordinance Authorizing The Sale Of Surplus Furniture, & Minor Equipment By A Public Online Auction Through Rene Bates Auctioneers, Inc & Technology Equipment Through Global Asset, LLC (3) P.O. No. 7277 – An Ordinance Authorizing The Sale Of A 2.023-Acre Strip Of Land, Part Of Blocks 26 Through 30, Port Arthur Heights Addition, Port Arthur, Jefferson County, Texas And Further Authorize The City Manager To Execute A Special Warranty Deed For The Conveyance (4) P.O. No. 7278 – An Ordinance Amending Chapter 110 (Utilities), Article II (Water), Division 3 (Service Charges And Billing), Sections 110-91 (Rate Schedule) And 110-92 (Consumers Outside City Not Having Special Contracts) Of The Code Of Ordinances Of The City Of Port Arthur, As It Pertains To Rates For Residential, Commercial And Industrial Customers, And Providing For Publication 8 AGENDA SEPTEMBER 10, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (5) P.O. No. 7279 – An Ordinance Of The City Of Port Arthur, Texas, Authorizing The Issuance And Sale Of City Of Port Arthur, Texas, Combination Tax And Revenue Certificates Of Obligation, Series 2024 In The Aggregate Principal Amount Not To Exceed $19,675,000; Levying A Tax In Payment Thereof; Making Other Provisions Regarding Such Certificates Of Obligation, Including Authorizing The Preparation And Distribution Of One Or More Preliminary Official Statements And Authorizing The Preparation And Distribution Of One Or More Official Statements And Matters Incident Thereto; Awarding The Sale Of The Certificates; Authorizing The Execution And Delivery Of One Or More Purchase Agreements; Authorizing Bond Insurance; Authorizing The Execution And Delivery Of A Paying Agent/Registrar Agreement; Authorizing And Confirming The Engagement Of Certain Professionals In Connection With The Issuance Of The Certificates Of Obligation; Finding And Determining That The Meeting At Which This Ordinance Is Passed Is Open To The Public As Required By Law; And Enacting Other Provisions Relating Thereto 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 Incentives 9 AGENDA SEPTEMBER 10, 2024 IX. *CLOSED MEETING (EXECUTIVE SESSION) – CONTINUED Closed Meeting: (1) Section 551.071 Of The Texas Open Meetings Act To Meet With Its Attorney To Seek Legal Advice On A Matter In Which The Duty Of The Attorney To The City Council Under The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas Clearly Conflicts With The Texas Open Meetings Act Relating To: (a) City-Owned Facility Located At 3451 57th St., Port Arthur, Texas; (b) Regulatory Enforcement Fund; (c) Homelessness And City Of Grants Pass, Oregon V. Johnson, U.S. Supreme Court No. 23-175 (2023); And (d) Economic Development On Pleasure Island *The Items In Executive Session May Be Discussed And Acted On In Open Session X. WORKSHOP To Discuss The Proposed Budget For Fiscal Year 2024 – 2025 XI. 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 September 11, 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).