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HomeMy WebLinkAboutOCTOBER 7, 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: may- CITY SECRETARN' WILLIE BAE LEWIS,JR. u r t r t h u r TIFFANY L.HAMILTON EVERFIELD ROXANN PAIS COTRONEO HAROLD L.DOE CET,SR. CITY ATTORNEY THOMAS KINLAW,III DONALD FRANK,SR. AG E N DA City Council Regular Meeting Monday, October 7, 2024 9:30 A.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Monday, October 7, 2024 At 9:30 A.M. CT, By Telephonic And Videoconference In Addition To Al/owing 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: 810 7464 5287 And Passcode: 074287 (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 October 7, 2024 9:30 AM Revised 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 City Attorney Pais Cotroneo Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Charles Prince Of The Family Heirloom Private Foundation Regarding Public Private Partnership B. Presentations (1) A Presentation By Garrett Sullivan Of The U.S. Army Corps Of Engineer — Galveston District Regarding An Update Of The Port Arthur Project (2) A Presentation By Bob Hope High School Students Regarding Road Conditions I I r AGENDA OCTOBER 7, 2024 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) A Presentation By Building Official Phil Vilardi Regarding The Permitting Process For Large And Small Projects (Requested By Councilmember Kinlaw) C. City Manager's Staff Reports (1) A Presentation By Staff Regarding The Pleasure Island RV Park(s) D. Employee Recognition — None E. Correspondence — None F. Discussions (1) A Discussion Regarding Grass Cutting In The City Of Port Arthur (Requested By Councilmember Doucet) 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; AGENDA OCTOBER 7, 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 September 10, 2024 Regular Meeting September 17, 2024 Special Meeting September 23, 2024 Special Meeting September 24, 2024 Special Meeting (Executive Session) September 24, 2024 Regular Meeting i 3 AGENDA OCTOBER 7, 2024 VII. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 23770 — A Resolution Authorizing The City Manager To Accept Close Out Documents Submitted By Ballow Builders, Inc. Of Garrison, Texas For Port Arthur Transit's Dallas And Fort Worth Avenues Road Reconstruction Project And Authorizing The City Manager To Release The Retainage In The Amount Of $6,014.83; Funds Available In Account 401-00-000-2050-00-000 Project TR11316 CAP.000 (2) P.R. No. 23809 — A Resolution Requesting Approval Of Port Arthur Transit's Updated Title VI Program For The Period Of 2024-2027 As Required By The Federal Transit Administration (FTA) Regarding Policies And Procedures As Outlined In The Civil Service Act Of 1964 (3) P.R. No. 23815 — A Resolution Authorizing The 2024-2025 Jefferson Central Appraisal District Funding Allocation In An Amount Of $252,025.00 From General Fund Finance Department's Account No. 001-07-015-5420-00-10-000 (4) P.R. No. 23909 — A Resolution Authorizing The City Manager To Submit An Application To The U.S. Department Of Housing And Urban Development (HUD) For A PRO Housing Pathways To Removing Obstacles Grant Funding (5) P.R. No. 23912 — A Resolution Amending Resolution 24-101 To Allow The Police Department To Apply For FY 25 Project Safe Neighborhood Program, With No Cash Match (6) P.R. No. 23914—A Resolution Authorizing The City Manager To Enter Into An Agreement With Industrial And Commercial Mechanical Of Beaumont, Texas Through BuyBoard Contract No. 638-21 To Replace HVAC Airducts At The Department Club In The Amount Of $59,109.35. Funds Available In Civic Center CIP Account Number 307-21-043-8512-00-10-000 4 AGENDA OCTOBER 7, 2024 VII. CONSENT AGENDA — CONTINUED (7) P.R. No. 23915 —A Resolution Authorizing The City Manager To Enter Into A Direct Cost Reimbursement Agreement With The Port Arthur Fire Department And Port Arthur LNG, Through PALNG Operator Company, LLC, As Mandated By The Federal Energy Regulatory Commission (FERC) For Its Liquefied Natural Gas Facility (8) P.R. No. 23916—A Resolution Authorizing The City Manager To Enter Into A Direct Cost Reimbursement Agreement With The Port Arthur Police Department And Port Arthur LNG, Through PALNG Operator Company, LLC, As Mandated By The Federal Energy Regulatory Commission (FERC) For Its Liquefied Natural Gas Facility (9) P.R. No. 23919 — A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Repair Of 8" Sewer At Railroad And Thomas, For The Total Not To Exceed Amount Of $154,400.00 With Global Drilling, Inc. Of Winnie, Texas, From Water Utilities Account No. 405-40-000-8516-00-00-000, Project No. WS0016-CON (10) P.R. No. 23924 — A Resolution Authorizing The City Manager To Execute Partnership Agreements With Digital Workforce Academy To Participate In The US Environmental Protection Agency, Office Of Environmental Justice And External Civil Rights Funded Environmental And Climate Justice Community Change Grants Program. Funding Appropriation Will Be Required If Selected For An Award. Applying For The Grant Has No Budgetary Impact, And Is 100% Federally Funded (11) P.R. No. 23928 — A Resolution Authorizing The City Manager To Purchase A Vehicle Lift For The City's Maintenance Garage Located At 103 HO Mills, Boulevard, Port Arthur, Texas From Southeast Texas Automotive Equipment Of Beaumont, Texas In The Amount Not To Exceed $31,265.00; Funds Available In Equipment Service Capital Account 307-13-037-8525-00-10-000 (12) P.R. No. 23934 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $11,296.24 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Traffic Unit #2402 5 AGENDA OCTOBER 7, 2024 VII. CONSENT AGENDA — CONTINUED (13) P.R. No. 23935 — A Resolution Authorizing The Second Year (First Renewal) Of The Dyed Diesel Fuel Contracts With Suncoast Resources, Inc. Of Houston, Texas And Tri-Con, Inc. Of Beaumont, Texas For The Combined Total Not To Exceed Amount Of $900,000.00. Funding Is Available In 001-21-055-5230-00-70-000 (Drainage), 403-50-320-5230-00-00-000 (Landfill), 450-60-410- 5230-00-00-000 (Pleasure Island), 410-40-210-5230-00-00-000, 410-40-215-5230-00-00-000, 410-40-220-523-00-00-000, 410-40- 225-5230-00-00-000 (Utility Services) (14) P.R. No. 23936—A Resolution Authorizing The City Manager To Enter Into Contracts With Gulf Coast Electric Company Of Beaumont,Texas And Jefferson Electric Company Of Beaumont, Texas, For Electrical Repairs And Maintenance At Various Locations For A Combined Total Not To Exceed Amount Of $117,000.00; Funds Available In Operational & Maintenance Accounts For Various Departments (15) P.R. No. 23940 — A Resolution Authorizing The City Manager To Execute A Permanent Easement Agreement With Port Arthur Pipeline, LLC C/O Sempra Energy For The Construction, Installation And Maintaining Of A Forty-Two Inch (42") Natural Gas Pipeline Within The Corporate Limits Of Port Arthur, Jefferson County, Texas (16) P.R. No. 23943 — A Resolution Authorizing The City Manager To Amend The AT&T Switched Ethernet Service Pricing Schedule, Previously Approved By Resolution 21-360, To Include The City's Landfill Located On Highway 73 For A 36-Month Period, At An Additional Projected Budgetary Cost Of $18,144.00. Funding Is Available In The Information Technology Communications Account 001-09-023-5482-00-10-000 (17) P.R. No. 23944 — A Resolution Authorizing The City Manager To Renew Artic Wolf Managed Detection And Response (MDR) Solution From CDW-G Through The Texas Department Of Information Resources Contract No. DIR.CPO-5303. Funding For The Annual Amount Of $74,888.36 Is Available In The Information Technology Professional Services Account 001-09-023-5420-00-10-000 6 AGENDA OCTOBER 7, 2024 VII. CONSENT AGENDA — CONTINUED (18) P.R. No. 23947 — A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates A Convention / Visitors Bureau In Order To Provide Funding Of The 2024-2025 Fiscal Year In The Amount Of $880,000.00, Hotel Occupancy Tax Account No. 140-15-600-5470-00-20-000, H07912.OTH.00S (19) P.R. No. 23948 — A Resolution Approving A Contract Between The City Of Port Arthur, And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2024- 2025 Fiscal Year In The Amount Of $296,336.00, Hotel Occupancy Tax Account No. 140-15-600-5470-00-20-000, H07904.OTH.00S (20) P.R. No. 23949 — A Resolution Authorizing The City Manager To Amend The AT&T Switched Ethernet Service Pricing Schedule, Previously Approved By Resolution 21-360, To Include The Wastewater Treatment Plant Located At 6300 Procter Street For A 36-Month Period At An Additional Projected Budgetary Cost Of $18,144.00. Funding Is Available In The Information Technology Communications Account 001-09-023-5482-00-10-000 (21) P.R. No. 23958 — A Resolution Authorizing An Agreement Between The City Manager And Sherrariums Company Of Houston, Texas, Through The BuyBoard Cooperative Purchasing Program Contract No. 735-24 For The Rental, Installation, And Removal Of Holiday Decorations For City Hall In Amount Not To Exceed $37,475.00; Funding Available In Account 001-01-005-5470-00-10-000, Project No. MA0019-OTH-OCS (22) P.R. No. 23960 — 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 AGENDA OCTOBER 7, 2024 VII. CONSENT AGENDA — CONTINUED (23) P.R. No. 23961 — 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 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23925 — A Resolution Supporting The Acceptance Of The Fiscal Year 2025 Texas Department Of Transportation Selective Traffic Enforcement Program ( S . T . E . P. ) Grant In The Amount Of $24,654.76 With A 24.23% In-Kind Match. The In-Kind Match Is Covered By Existing Fringe Benefits And Administration Functions. Fund 107 Pending Budget Amendment P. O. No. 7284 On October 7, 2024 (2) P.R. No. 23926 — A Resolution Of The Of The City Of Port Arthur, Texas Approving And Ratifying An Amendment To The Certificate Of Formation For The City Of Port Arthur Section 4A Economic Development Corporation, For Purposes Of Establishing A New Entity Name; And Addressing Related Matters (3) P.R. No. 23938—A Resolution Authorizing The City Manager To Enter Into An Inter-Local Agreement Between Jefferson County, The City Of Beaumont And The City Of Port Arthur For The 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) And Receive Funding In The Amount Of $29,086.00, No Cash Match Requirement, Fund 107 Pending Budget Amendment PO 7284 (4) P.R. No. 23939 — A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Repair Of The Existing 42-Inch Sanitary Sewer Line Located At 3835 Gulfway Drive, For A Total Amount Not To Exceed $247,611.66, From Water Utilities Account No. 405-40- 000-8516-00-00-000, Project No. WS0016-CON AGENDA OCTOBER 7, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 7205 — An Ordinance Authorizing The Separation Of Police Canine "Harley" (2) P.O. No. 7284 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2024 And Ending September 30, 2025, Increasing General Fund By $5,973.00 And The Public Safety Fund By $53,741.00 (3) P.O. No. 7285 — An Ordinance By The City Of Port Arthur, Texas Authorizing The Settlement Of Texas Gas Service Company, A Division Of One Gas, Inc.'s Statement Of Intent To Increase Rates Within The Central-Gulf Service Area, Filed On June 3, 2024; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject; And Declaring An Effective Date 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 OCTOBER 7, 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) Water Utility Account Penalties-Park Central Apartments, 8580 Park Central, Port Arthur, Texas (b) City-Owned Facility Located At 3451 57th Street, Port Arthur, Texas (c) Kirk Thomas And KT Trucking And Cattle, LLC VS. City Of Port Arthur, Texas And Flozelle Roberts, In Her Official Capacity As Director Of Public Works For The City Of Port Arthur, Texas, Civil Action No.: 1:23-CV-282 (d) Road Use Permit Application And Special Road Use Agreement Filed By Kirk Thomas (e) Bonita Brown VS. City Of Port Arthur, Texas, Cause No. A- 211149 (f) Possible Lease Agreement With PI RV Resort And Investment Corporation (g) Local Sales And Use Taxes (h) Pleasure Island Buildings A & B (2) Section 551.087 Government Code — To Discuss Economic Development Negotiations: (a) Pleasure Island Buildings A & B *The Items In Executive Session May Be Discussed And Acted On In Open Session 10 AGENDA OCTOBER 7, 2024 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 October 8, 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 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).