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HomeMy WebLinkAboutNOVEMBER 6, 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 Wednesday, November 6, 2024 9:30 A.M. CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Wednesday, November 6, 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: 892 9894 0945 And Passcode: 422336 (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 November 6, 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 (1) Fredrick Johnson II Regarding City Grass Cutting (2) Joe Tant Of The Greater Port Arthur Chamber Of Commerce Regarding Chamber Updates B. Presentations (1) A Presentation By Staff Regarding Street And Pot-Hole Repair (Requested By Councilmember Kinlaw) (2) A Presentation By Mayor Bartie Regarding The Mayor’s Institute On Community Design (M.I.C.D.) C. City Manager’s Staff Reports – None 2 AGENDA NOVEMBER 6, 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 3 AGENDA NOVEMBER 6, 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 (1) P.R. No. 23980 – A Resolution Casting Votes For The Board Of Directors Of The Jefferson Central Appraisal District For The 2025 And 2025-2027 Term 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 Expense Reports (A1) Mayor Thurman Bartie: Texas Municipal League Conference Houston, Texas October 8 – 11, 2024 $2,012.29 (A2) Councilmember Tiffany Hamilton Everfield: Texas Municipal League Conference Houston, Texas October 8 – 11, 2024 $1,732.29 (A3) Councilmember Thomas Kinlaw: Texas Municipal League Conference Houston, Texas October 8 – 11, 2024 $1,954.30 4 AGENDA NOVEMBER 6, 2024 VII. CONSENT AGENDA – CONTINUED (A4) City Attorney Roxann Pais Cotroneo: Texas Municipal League Conference Houston, Texas October 8 – 11, 2024 $1,784.21 B. Minutes October 22, 2024 Special Meeting (Executive Session) October 22, 2024 Regular Meeting C. Resolutions (1) P.R. No. 23715 – A Resolution Authorizing The Submission Of An Application With The U.S. Environmental Protection Agency (EPA) For The 2025 EPA Brownfield Assessment Coalition And The Brownfield Cleanup Grants In The Amount Not To Exceed $3,700,000.00, No Cash Match Required (2) P.R. No. 23954 – A Resolution Authorizing The City Manager To Execute A Contract With James W. Turner Construction, LTD Of Tomball, Texas, For The Reconstruction Of Four (4) Homes In The Total Amount Of $774,760.00, Which Includes A Contingency Of $20,000.00. Funds Are Available In The Following Accounts And Project Numbers: Account Number 105-13-033-5470-00-40-000, Project Numbers CD5118 ($40,000.00), CD22115 ($90,000.00), CD23115 ($464,760.00), And Account Number 108-13-033-5470-00- 40-000, Project Number HE2305 ($180,000.00) (3) P.R. No. 23959 – A Resolution Approving A Technical Assistance Agreement Between The City Of Port Arthur, Texas, The Port Arthur Economic Development Corporation And The National Council For Community Development, Inc. DBA Grow America, For The Period Of November 30, 2024, Through November 29, 2025, In An Amount Not To Exceed $72,000.00; Funds Available In EDC Account Number 120-80-625-5420-00-00-000 (Professional Services) 5 AGENDA NOVEMBER 6, 2024 VII. CONSENT AGENDA – CONTINUED (4) P.R. No. 23965 – A Resolution Authorizing The City Manager To Enter Into An Agreement With Smith's Remodeling Of Port Arthur, Texas For Grass Cutting Services At The Civic Center Department Buildings For A Total Cost Of $56,540.00 Per Year. Funding Available In Civic Center Land Maintenance Account Number 001-15-043- 5311-00-20-000 (5) P.R. No. 23970 – A Resolution Authorizing The City Manager To Purchase One (1) Peterbilt Series 548 Dump Truck From Rush Truck Center Of San Antonio, Texas, Through BuyBoard Contract No. 723- 23, In The Amount Of $179,441.72 And One (1) Dodge 1500 Classic Pickup Truck From Grapevine Dodge Chrysler Jeep Of Grapevine, Texas Through BuyBoard Contract No. 724-23 For The Water Utilities Department Division In The Amount Of $39,963.00; For A Total Amount Of $219,404.72, With Funding Available In 405-40-225- 8523-00-00-000 (Water And Sewer Capital Project Fund) (6) P.R. No. 23971 – A Resolution Authorizing The Purchase Of Two (2) 2025 Western Star 47X 15-Yard Dump Trucks For The Public Works – Streets Division (Streets) From Lonestar Freightliner Group, LLC Of Grapevine, Texas, Through The Interlocal Purchasing System (TIPS) Cooperative Purchasing Program For $365,210.00. Funds Are Available In The Capital Reserve Fund Account, Account Number 625-21-053-8523-00-00-000 (7) P.R. No. 23982 – A Resolution Approving A Partial Settlement For Wind Damage In The Amount Of $82,786.67 Made Against Certain Underwriters At Lloyd’s Of London Insurance Company (Through Agent USI Southwest Inc., El Paso) Due To Hurricane Delta (October 9, 2020) To Various City Properties (8) P.R. No. 23983 – A Resolution Amending Resolution 24-307 Increasing The Authorized Repair Cost Of $72,386.99 By $32,763.82 To Repair The Axles, Brakes, And Final Drives On The Landfill's 826K Compactor By Mustang CAT Of Beaumont, Texas, Through Sourcewell Contract No. 032119-CAT For A Total Of $105,150.81. Funds Are Available In The Public Works Department Landfill Division – Equipment Maintenance Account Number 403-50-320-5318-00-00- 000 6 AGENDA NOVEMBER 6, 2024 VII. CONSENT AGENDA – CONTINUED (9) P.R. No. 23984 – A Resolution Ratifying A Professional Service Agreement Between The City of Port Arthur Section 4A Economic Development Corporation And Schaumburg & Polk, Inc. For The Engineering Services Related To The Construction Phase Of The Improvements To The Existing Lift Station Serving The Spur 93 Business Park In An Amount Not To Exceed $16,100.00; Funds Available In EDC Account No. 120-80-625-5479-00-00-000 (Business Park Development) (10) P.R. No. 23985 – A Resolution Approving Change Order No. 1 To The Construction Contract Agreement Between The Port Arthur Section 4A Economic Development Corporation And BDS Constructors LLC DBA MK Constructors Of Vidor, Texas For The Emergency Rehabilitation Of The Spur 93 Business Park Lift Station 1 Decreasing The Contract Amount By $66,500.00 To A New Contract Total Of $333,124.00 And Authorizing Final Payment And Release Of Retainage In The Amount Of $16,656.20; Funding Available In EDC Account No. 120-00-000-2050-00-00-000 (Retainage) (11) P.R. No. 23986 – A Resolution Approving An Economic Development Performance Agreement Between The Port Arthur Economic Development Corporation And Texas Deserts, LLC, DBA Rao's Bakery And Coffee In An Amount Not To Exceed $431,477.51; Funds Available In EDC Account No. 120-80-625-5478-00-00-000 (Development) (12) P.R. No. 23987 – A Resolution Approving An Economic Development Performance Agreement Between The Port Arthur Economic Development Corporation And Korpal Golden Investments LLC For An Amount Not To Exceed $140,120.00; Funds Available In EDC Account No. 120-80-625-5478-00-00-000 (Development) (13) P.R. No. 23988 – A Resolution Authorizing The City Manager To Execute A Right Of Entry Agreement With The U.S. Army Corps Of Engineers For Survey And Exploration Related To The Sabine Pass To Galveston Bay (S2G) Flood Mitigation Project 7 AGENDA NOVEMBER 6, 2024 VII. CONSENT AGENDA – CONTINUED (14) P.R. No. 23990 – A Resolution Authorizing The City Manager To Enter Into A Contract With Centritek Of Benicia, California For The Repairs Of Centrifuge #1, At The Water Purification Plant, With A Total Projected Budgetary Impact Amount Of $34,500.00. Funding Is Available In Account No. 410-40-210-5318-00-00-000, Equipment Maintenance (15) P.R. No. 23991 – A Resolution Amending Resolution 24-383 To Allow The Police Department To Apply For FY25 Project Safe Neighborhood Program In The Amount Of $91,000.00, With No Cash Match (16) P.R. No. 24001 – A Resolution Approving The Contract Between The City Of Port Arthur And Oscar Enriquez, MD To Act As The City’s Health Authority And Supervising Physician For The Employee Health Services Clinic. Funds Are Budgeted In The FY24-25 General Fund Other Contractual Account 001-23-061-5470-00-50-000 ($27,900.00) And The Employee Health Professional Service Account 001-23-063-5420-00-50-000 ($13,500.00) For A Total Not To Exceed $41,400.00 (17) P.R. No. 24002 – A Resolution Approving The Contract Amendment Between The City Of Port Arthur And The Department Of State Health Services To Add $50,000.00 To The Existing Grant For A Total Not To Exceed $340,000.00. The Contract Will Expire May 31, 2026 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. No. 23989 – A Resolution Authorizing The City Manager To Execute A Contract With Allco, LLC Of Beaumont, Texas, For The El Vista Drainage Pump Station Improvement Project With A Projected Budgetary Impact Of $1,987,807.00. Funding Is Available In The Drainage Pump Stations Program Account, $24,089.00 From FEMA Harvey Fund (147-07-015-8515-00-40-000) And $1,963,718.00 From Capital Improvement Fund (307-21-055-8515-00-10-000, Project Number DR1P07-CON) Contingent Upon Approval Of Budget Amendment Via Adoption Of Proposed Ordinance 7291 8 AGENDA NOVEMBER 6, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (2) P.R. No. 23992 – A Resolution Authorizing The City Manager To Execute A Contract With NewGen Strategies And Solutions, LLC Of Austin, Texas, To Develop A Solid Waste Master Plan. Funding Of $208,070.00 Is Available In The Solid Waste Administration's Professional Services Account, 403-50-300-5420-00-00-000, Contingent Upon Approval Of Budget Amendment Via Adoption Of Proposed Ordinance 7291 (3) P.R. No. 23993 – A Resolution Authorizing Payment Of Annual Service Fee For Tyler Municipal Court System To Tyler Technologies In The Amount Of $78,571.97. Funds Available In Municipal Court Technology Fund Account No. 104-03-009-5450-00-10-000 Contingent On Budget Amendment PO 7291 (4) P.R. No. 23994 – A Resolution Casting Votes For The Board Of Directors Of The Orange County Appraisal District For The 2025 And 2025-2027 Term B. Ordinances – Non-Consent (1) P.O. No. 7289 – An Ordinance Authorizing The Retirement Of Police Canine "Reyna" And Transferring The Ownership Of The Canine To The Personal Care Of Officer Tiffany Williams (2) P.O. No. 7290 – An Ordinance Authorizing The Retirement Of Police Canine "Spok" And Transferring The Ownership Of The Canine To The Personal Care Of Officer Chad Morrison (3) P.O. No. 7291 – An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2024 And Ending September 30, 2025, Increasing Solid Waste Fund By $108,070.00, Capital Improvement Fund By $1,963,718.00, FEMA- Harvey Fund By $24,089.00 And Municipal Court Technology Fund By $78,572.00 9 AGENDA NOVEMBER 6, 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 Incentives 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) Pleasure Island Buildings A & B (b) Homelessness And City Of Grants Pass, Oregon VS. Johnson, U.S. Supreme Court No. 23-175 (2023) (Requested By Mayor Pro Tem Beckcom) (c) Payment Of Fees And Other Costs By Credit Card Or Electronic Means (d) Tax Increment Financing Zones (e) City-Owned Facility Located At 3451 57th Street Port Arthur, Texas 10 AGENDA NOVEMBER 6, 2024 IX. *CLOSED MEETING (EXECUTIVE SESSION) – CONTINUED (f) Legal Issues Related To Collective Bargaining (g) Legal Issues Related To A Grievances And An Appeal Filed By The City Of Port Arthur’s Police Officers Association To Challenge The: (1) Inclement Weather Pay Policy Relating To Hurricane/Tropical Storm Beryl; And (2) Vacation/Holiday Pay And Sick Leave Policy (h) Legal Issues Related To A Grievances And An Appeal Filed By The International Association Of Firefighters Local 397 To Challenge The Inclement Weather Pay Policy Relating To Hurricane/Tropical Storm Beryl (2) Section 551.087 Government Code – To Discuss Economic Development Negotiations: (a) Pleasure Island Buildings A & B (b) Use Of City Landfill And Expansion Thereof (c) Wind Turbine Lease On Pleasure Island (3) Section 551.074 Government Code – To Discuss Personnel: (a) The Duties, Responsibilities And Evaluations Of The City Attorney, City Manager, City Secretary And Municipal Court Judge (Requested By Councilmember Kinlaw) *The Items In Executive Session May Be Discussed And Acted On In Open Session X. WORKSHOP To Discuss Priorities For The City’s Proposed Legislative Program For The 89th Texas Legislative Session And The 119th United States Congress 11 AGENDA NOVEMBER 6, 2024 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 November 7, 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).