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HomeMy WebLinkAboutJANUARY 7, 2025 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: CITY SECRETARY WILLIE BAE LEWIS,JR. t"f ►'t h u TIFFANY L.HAMILTON EVERFIELD ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. Texas CITY ATTORNEY THOMAS KINLAW,III DONALD FRANK,SR. AG E N DA City Council Regular Meeting Tuesday, January 7, 2025 9:30 A. M . CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, January 7, 2025 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: 896 4890 6109 And Passcode: 929052 (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 January 7, 2025 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) Thomas Atlas Of Atlas Homes Regarding The Building Department B. Presentations (1) A Presentation By The Rotary Club Of Port Arthur Regarding, A Donation To The Port Arthur Health Department For Pack N Plays, For The Infant Safe Sleep Program C. City Manager's Staff Reports — None D. Employee Recognition — None E. Correspondence — None , AGENDA JANUARY 7, 2025 III. PETITIONS & COMMUNICATIONS F. Discussions (1) A Discussion Regarding The Duties And Responsibilities Of The City Manager, City Attorney, City Secretary And Their Staff (Requested By Councilmember Kinlaw) (2) A Discussion Regarding Updates On The Port Arthur Coalition For The Homeless (Requested By Mayor Pro Tem Beckcom) (3) A Discussion As It Pertains To The Streets Program (Requested By Councilmember Doucet) (4) A Discussion On Actions For Obtaining Warrants (Requested By Councilmember Doucet) (5) A Discussion And Possible Action To Create City Council Committees To Quarterly Meet With Each Appointed Official Individually To Support Them In Accomplishing The City's Goals And Objectives (Requested By Councilmember Hamilton Everfield) 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; AGENDA JANUARY 7, 2025 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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 *Possible Action May Not Be Discussed In Conjunction With The Information Provided In The Report VI. UNFINISHED BUSINESS (1) P.R. No. 24088 — A Resolution Of The City Council Of The City Of Port Arthur, Texas, Authorizing 4 Film Co.'s Use Of City Property In Connection With The Production Of A Motion Picture, Notwithstanding The Company's Failure To Obtain A Filming Permit Prior To Commencement Of Filming; And Providing An Effective Date (Requested By Councilmember Hamilton Everfield) 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. AGENDA JANUARY 7, 2025 VII. CONSENT AGENDA — CONTINUED A. Travel Expense Reports — None B. Minutes — None C. Resolutions (1) P.R. No. 24047 — A Resolution Calling For A Public Hearing To Consider A Zoning Map Amendment For 179.73 Acres Of Land Being Out Of The Lafitte's Landing 1 & 2 And D. Gahagen Subdivision, Jefferson County, Texas. (North Of The'Port Arthur Canal, South Of Sabine Lake, And West Of The Sabine Lake Causeway Bridge) Z24-09 City Of Port Arthur Planning & Zoning Commission VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 23977 — A Resolution Authorizing The City Manager To Purchase Approximately 1.066 Acre Portion Of Land, More Or Less, Located Near 2950 W. Highway 365, From 2950PARV Holdings, LLC, Of Austin, Texas, For The Estimated Fair Market Value Amount Not To Exceed $26,575.00, To Be Used As Part Of The Port Acres Drainage Improvement Project. Funding Available In Drainage System Account No. 307-21-055-8515-00-10-000. Project No. DR1P03A (2) P.R. No. 24018 — A Resolution Approving The Sole Renewal Of The Pre-Employment Workforce Training Agreement Between The Port Arthur Economic Development Corporation And Lamar State College Port Arthur For The Training Of Port Arthur Residents As Class A & B Commercial Drivers In An Amount Not To Exceed $120,000.00; Funds Available In PAEDC FY 24-25 Account No. 120-80-625-5475- 00-00-000 (Job Training Programs) 4 AGENDA JANUARY 7, 2025 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.R. No. 24019 — A Resolution Approving A Training Agreement Between The Port Arthur Economic Development Corporation And Lamar State College Port Arthur For Tuition Reimbursement For Ten (10) Port Arthur Resident High School Graduates Attending A 2-Year Associate Degree Program Not To Exceed $90,000.00; Funds Available In PAEDC FY 24-25 Account No. 120-80-625-5475-00-00- 000 (Job Training Programs) (4) P.R. No. 24023 — A Resolution Authorizing The Purchase Of Two (2) 2025 Elgin Whirlwind 1 Pure Vacuum Street Sweepers With Front Bumper Chain Suspended Magnet For The Drainage Division From Kinloch Equipment And Supply Of Pasadena, Texas, Through The Sourcewell Cooperative Purchasing Contract Number 093021-ELG For The Not-To-Exceed Amount Of $915,830.00. Funds Are Available In The FY24-25 Capital Reserve Fund Account, Account Number 625- 21-000-8522-00-00-000 (5) P.R. No. 24044 — A Resolution Authorizing The City Manager To Execute A Contract With PA Associated Contractors, LLC Of Port Arthur,Texas For Construction Manager/Superintendent Services For Port Arthur Transit's (PAT) And Fleet's Upcoming Construction Projects In An Amount Not To Exceed $39,000.00 Funding Is Available In FY24-25 Account No. CAP.00O 401-70-530-8525-00-60- 000 In An Amount Of $25,350.00 And FY24-25 Equipment Services Capital Account No. 307-13-037-8525-00-10-000 In An Amount Of $13,650.00 (6) P.R. No. 24061 —A Resolution Authorizing The City Manager To Enter Into A Municipal Water Supply Contract With The Lower Neches Valley Authority (7) P.R. No. 24063 — A Resolution Authorizing The Purchase One (1) Dual Purpose Acela Monterra High-Water/Wildland Firefighting Apparatus For The Fire Department From Acela Truck Company Of Bozeman, Montana In Partnership With West-Mark Through JCB Sourcewell Contract Number 032824-CER Pricing In The Amount Of $400,716.12; Funding Available In FY24-25 Capital Improvement Account Number 625-19-047-8523-00-10-000 AGENDA JANUARY 7, 2025 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (8) P.R. No. 24085 — A Resolution Authorizing The Port Arthur Economic Development Corporation To Adopt The Incentive Policies Including The Impact Incentive Policy, Bedrock Incentive Policy, Career Creation Incentive Policy, And Investment Edge Incentive Policy, As Presented To The City Council, In Support Of Capital Investment, Infrastructure Development, And Job Creation In Port Arthur (9) P.R. No. 24086—A Resolution Authorizing The City Manager To Enter Into A Contract With Environmental Improvements, Inc., Of Humble, Texas, For The Repair Of The Port Acres Wastewater Treatment Plant Clarifier 403 Drive Unit And Rake Arms, With A Total Projected Budgetary Impact Of $49,500.00; Funding Is Available In Water Utility Account No. 410-40-225-5318-00-00-000, Equipment Maintenance (10) P.R. No. 24089 — A Resolution Approving The Contract Between The City Of Port Arthur And The Health And Human Services Commission, WIC Division, To Provide Funds For Fiscal Years 2026 Through 2030 (October 1, 2025, Through September 30, 2030), In An Amount Not To Exceed $9,008,026.00. With No City Match Required (11) P.R. No. 24093 — A Resolution Authorizing The City Manager To Purchase A Mueller Tapping Drill Machine From Core & Main Of Beaumont, Texas With A Total Projected Budgetary Impact Of $39,434.94; Funding Is Available In Water Utility Account No. 405- 40-000-8522-00-00-000, Equipment (12) P.R. No. 24094 — A Resolution Authorizing The City Manager To Grant A Utility Easement To Entergy Texas, Inc. For The Construction, Reconstruction, Improvement, Repair, Operation, Inspection, Patrol, Replacement, And Maintenance Of Electric Power And Communication Facilities On A Ten (10)-Foot-Wide Portion Of Land Situated In The City's Right-Of-Way Along Jimmy Johnson Boulevard In Connection With The Golf Hill Villas Development Project 6 AGENDA JANUARY 7, 2025 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (13) P.R. No. 24095 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And W And W Construction Of Port Arthur, Texas For The Installation Of Sidewalks With A Projected Budgetary Amount Of $200,000.00. Funding Is Available In The Public Work Street Maintenance — City Streets, Account No. 307-21-053-8517-00-10-000 (14) P.R. No. 24096 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And W And W Construction Of Port Arthur, Texas For The Utility Cut Repairs With A Projected Budgetary Amount Of$100,000.00. Funding Is Available In The Water Utilities Water Distribution Street Maintenance Account No. 410-40-215-5316-00-00-000 (15) P.R. No. 24097 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction (16) P.R. No. 24099 — A Resolution Approving A Travel Budget For Travel Related To The City Of Port Arthur Legislative Priorities In The Amount Of $75,000.00. Funding Available In Account No. 001-01- 001-5440-00-10-00 B. Ordinances — Non-Consent (1) P.O. No. 7303 — An Ordinance Of The City Of Port Arthur, Texas, Rescinding And Repealing Chapter 78, Article II, Division 5, Sections 78-188 Through 78-192 Of The Code Of Ordinances, Relating To The COVID-19 Health And Safety Policy And Other Related Sections (2) P.O. No. 7304 — An Ordinance Of The City Council Of Port Arthur, Texas, Authorizing Participation With Other Entergy Service Area Cities In Matters Concerning Entergy Texas, Inc., At The Public Utility Commission Of Texas And The Federal Energy Regulatory Commission In 2025 AGENDA JANUARY 7, 2025 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) Option To Lease And Access License Agreement, Operating Agreement And Ground Lease Agreement With Diligence Offshore Services, LLC For A Wind Power, Solar Power And Related Facilities On Approximately 2,000 Acres Of Land On Pleasure Island (Requested By Mayor Bartle) (b) Water Utility Account Numbers 00090488 And 00090490 At Avery Trace Apartments, 4020 Highway 365 Port Arthur, Texas (c) Kirk Thomas and KT Trucking and Cattle LLC vs, City of Port Arthur and Flozelle Roberts in Her Official Capacity as Director of Public Works, Civil Action No.: 1:23-CV-282 8 AGENDA JANUARY 7, 2025 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (2) Section 551.087 — To Discuss Economic Development Negotiations (a) Option To Lease And Access License Agreement, Operating Agreement And Ground Lease Agreement With Diligence Offshore Services, LLC For A Wind Power, Solar Power And Related Facilities On Approximately 2,000 Acres Of Land On Pleasure Island (Requested By Mayor Bartle) (b) Cormorant Clean Energy, LLC *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 January 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 *************************************************** 9 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).