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HomeMy WebLinkAboutOCTOBER 21, 2025 REGULAR MEETING 5_30 PMCHARLOTTE M. MOSES, MAYOR RONALD BURTON, CPM HAROLD L. DOUCET, SR., CITY MANAGER MAYOR PRO TEM SHERRI BELLARD, TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS, JR. TIFFANY L. HAMILTON EVERFIELD ROXANN PAIS COTRONEO DONEANE BECKCOM CITY ATTORNEY THOMAS KINLAW, III DONALD FRANK, SR. AGENDA City Council Regular Meeting Tuesday, October 21, 2025 5:30 PM CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, October 21, 2025 At 5:30 PM 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 Zoom Toll-Free Numbers And Entering The Meeting ID: 825 1459 1427 And Passcode: 182294 (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 October 21, 2025 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Moses _____ Mayor Pro Tem Doucet, Sr. _____ Councilmember Lewis, Jr. _____ Councilmember Hamilton Everfield _____ Councilmember Beckcom _____ 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 The Museum Of The Gulf Coast (2) A Presentation By Environmental Industrial Services Group, (EISG) Regarding Optimization, Expansion, And Management Of The Port Arthur Landfill (3) A Presentation By Staff Regarding An Overview Of Lighting Procedures In Port Arthur (Requested By Councilmember Kinlaw) C. City Manager’s Staff Reports – None D. Employee Recognition – None 2 AGENDA OCTOBER 21, 2025 III. PETITIONS & COMMUNICATIONS – CONTINUED E. Correspondence – None F. Discussions (1) A Discussion Regarding Conduct Of A Forensic Audit (Requested By Mayor Pro Tem Doucet) IV. PUBLIC HEARINGS – 6:00 PM – 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 OCTOBER 21, 2025 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 (1) P. O. No. 7373 – An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2025 And Ending September 30, 2026, Increasing The Water And Sewer Capital Fund (405) By $10,000,000.00 And CDBG-DR Fund (148) By $1,118,000.00 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 – None B. Minutes March 18, 2025 – September 23, 2025 Special Meetings (Executive Sessions) May 14, 2025 – September 18, 2025 Special Meetings August 12, 2025 – October 7, 2025 Regular Meetings 4 AGENDA OCTOBER 21, 2025 VII. CONSENT AGENDA – CONTINUED C. Resolutions – Consent (1) P.R. No. 24528 – A Resolution Authorizing The Acceptance Of A Donation From The Concerned Citizens Of Griffing Park In The Amount Of $1,800.00 Funding To Be Allocated In The Police Department Contributions-Donations Account 001-17-000-4730-00- 00-000 (2) P.R. No. 24535 – A Resolution Authorizing The Second Year (First Renewal) Contract Between The City Of Port Arthur And GP Evans Contractors, LLC Of Winnie, Texas, For The Projected Budgetary Impact Of $77,820.00. Funding Is Subject To The Annual Approval Of The City’s Budget, And Upon Such Approval, Shall Be Made Available In The Solid Waste Landfill Other Contractual Service Account, Account 403-50-320-5470-00-00-000 (3) P.R. No. 24542 – A Resolution Authorizing The Port Arthur Economic Development Corporation To Enter Into A Master License Agreement With CHMURA Economics And Analytics LLC For The JOBSEQ Platform In An Amount Of $14,375.00; Funding Available In Account No. 120-80-625-5450-00-00-000 (Computer Programs) (4) P.R. No. 24549 – A Resolution Amending Resolution No. 25-195 To Add Additional Amount Due To Chief Solutions, Inc. Of Houston, Texas In The Total Amount Of $10,044.00 Ratifying The City Manager's Decision To Authorize The Emergency Repair Of Sewer Overflows Identified In The Attorney General's Injunction, Funding Is Available In Sewer System Maintenance Account No. 410-40- 220- 5313-00-00-000 (5) P.R. No. 24556 – A Resolution Authorizing Payment Of An Invoice From South East Texas Regional Planning Commission For Membership Dues In The Amount Of $29,284.40 For The Fiscal Year Ending September 30, 2026. City Manager Contingency Account # 001-01-005-5470-00-10-000, Project # MA0036 5 AGENDA OCTOBER 21, 2025 VII. CONSENT AGENDA – CONTINUED (6) P.R. No. 24557 – A Resolution Authorizing The City Manager To Enter A New Contract Agreement For Arbitrage Rebate Compliance Services With Hilltop Securities Asset Management, LLC, For A Period Of Two (2) Years With An Annual Projected Budgetary Impact Of $16,000; Funding Is Subject To Annual Budget Approval. Upon Approval, Funding Shall Be Available In The Finance Department Account #001-07-015-5420-00-10-000 (7) P.R. No. 24558 – A Resolution Authorizing The City Manager To Execute An Annual Service Order Renewal With Cleargov Of Maynard, Massachusetts For The Purchase Of Budgeting, Transparency, And Financial Reporting Subscription Services Through BuyBoard Cooperative Purchase Contract 692-23 In The Amount Of $51,609.00 For Fiscal Year 2026; Funding Available From The Information Technology Department In General Fund Account No. 001-09-023-5450-00-10-000 Fiscal Year 2025-2026 (8) P.R. No. 24559 – A Resolution Authorizing The City Manager To Enter Into An Agreement With Johnson Controls Of Beaumont, Texas Through TIPS Cooperative Contract No. 25010501 For The Replacement Of A 10-Ton Condenser Unit And 2 Gas Furnaces Including Evaporator Coils At The Babe Zaharias Golf Course Clubhouse In The Amount Of $27,705.28; Funds Available In The Golf Course Improvement Account Number 307-25-067-8525-00-20- 000 Project Number PR 0011 (9) P.R. No. 24569 – A Resolution Granting A Temporary Access Road Easement Located On The City's Landfill Property At 4732 Texas 73, Port Arthur, Texas 77642, To TRC Companies, On Behalf Of Trident Intrastate Pipeline, LLC, A Kinder Morgan Company, For A Term Of Twenty-Four (24) Months, And Providing For Related Matters (10) P.R. No. 24573 – A Resolution Authorizing The Pre-Qualification Of Four (4) Real Estate Brokerage Firms For The Purpose Of Providing Professional Real Estate Brokerage Services In Accordance With §253.014 Of The Texas Local Government Code 6 AGENDA OCTOBER 21, 2025 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. No. 24461 – A Resolution Authorizing The City Manager To Execute A Contract With Construction Managers Of Southeast Texas Of Beaumont, Texas For The Phase II And III Roadway And Drainage Reconstruction At 101 H.O. Mills Boulevard In The Not To Exceed Amount Of $1,114,939.19; Funding Is Available In Account No. 307- 13-037-8525-00-10-000 (2) P.R. No. 24464 – A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract With SETEX Construction Corp. Of Beaumont, Texas, Which Utilized $6,995.64 From The Project’s Contingency Fund To Cover Repairs To Burned Deck Boards, Install Caps And Replace Additional Damaged Boards; And Further Authorizing The Acceptance Of Close Out Documents And The Approval Of Final Payment In The Amount Of $11,224.00; And Noting That The Overall Project Cost Resulted In A Decrease Of The Original Contract Amount From $227,484.00 To A New Total Contract Amount Of $224,180.00, For The Completion Of The Pier And Gazebo At 800 Lakefront Drive (Boat Launch), The South Levee Park Piers And Bridge And The Pier Adjacent To The Pleasure Island Condos; Funding Is Available In Retainage Account Number 450-00- 000-2050-00-00-000 (3) P.R. No. 24497 – A Resolution Authorizing The City Manager To Execute A Contract With Norman Highway Constructors, Inc. Of Orange, Texas, For The Storm Sewer Brick Manhole Replacement Project In The Amount Of $1,118,000.00; Requiring Compliance With Grant Conditions; And Providing For A Completion Period Of Ninety (90) Calendar Days. Funding Will Be Available In The Drainage System Account No. 148-00-000-8515-00-10-000. Project No. GM2404.GRE.DRA. Pending P.O. 7373 7 AGENDA OCTOBER 21, 2025 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (4) P.R. No. 24533 – A Resolution Authorizing The City Manager To Enter Into Contracts With Amelia Lawn Care & Landscaping Of Groves, Texas For Group 1, Nimitz Lawn & Landscape Of Beaumont, Texas For Group 1(A), South East Texas Lawn & Maintenance Of Beaumont, Texas For Groups 2, 3(C), And 9, Smith's Remodeling Of Port Arthur, Texas For Group 7(A), And Consider Us Of Port Arthur, Texas For Group 8 For The Mowing Of Various City Properties, Parks And Right-Of-Ways With A Projected Budgetary Impact Of $179,193.00 Funding Available In Parks Account No. 001-25-065- 5311-00-20-000 (5) P.R. No. 24536 – A Resolution Authorizing The City Manager To Enter Into A 24-Month Lease-To-Purchase Agreement For One (1) 2025 D6 36 WHA For The Landfill From Mustang CAT Of Houston, Texas, Through The Sourcewell Cooperative Purchasing Program For $667,664.88 Or A Monthly Lease Of $22,560.17. Funding Is Subject To The Annual Approval Of The City’s Budget, And Upon Such Approval, Shall Be Made Available In The Solid Waste Landfill Equipment Fund Account, 403-50-320-8522-00-00-000 (6) P.R. No. 24539 – A Resolution Authorizing The City Manager To Execute A Contract With Ferguson Enterprise LLC, DBA Ferguson Waterworks Of Humble, Texas, To Award The Water Meter And AMI System Replacement/Upgrade For A Combined Total Amount Of $9,836,584.12, Funding In Capital Improvements Project Account Number 405-40-000-8516-00-00-000, Is Contingent Upon The Approval Of The Budget Amendment In Proposed Ordinance No. 7373 (7) P.R. No. 24552 – 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 2025-2026 Fiscal Year In The Amount Of $940,000.00, Hotel Occupancy Tax Account No. 140-15-600-5470-00-20-000, HO7912.OTH.OCS 8 AGENDA OCTOBER 21, 2025 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (8) P.R. No. 24553 – A Resolution Of The City Council Of The City Of Port Arthur, Texas, Authorizing The Publication Of The Notice Of Intention To Issue City Of Port Arthur, Texas Combination Tax And Revenue Certificates Of Obligation, Series 2025B In A Principal Amount Not To Exceed $32,500,000.00 For The Construction Of Public Works And Any Items Related Thereto And For The Payment Of Contractual Obligations For Professional Services; Authorizing The Distribution Of A Preliminary Official Statement Relating To Such Certificates; And Containing Other Provisions Relating Thereto (9) P.R. No. 24554 – 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 2025- 2026 Fiscal Year In The Amount Of $296,336.00, Hotel Occupancy Tax Account No. 140-15-600-5470-00-20-000, HO7904.OTH.OCS (10) P.R. No. 24566 – A Resolution Authorizing The Purchase Of Two (2) Peterbilt Dump Trucks For The Water Utilities Department, Wastewater Treatment Division From Rush Truck Center Of San Antonio, Texas, Through BuyBoard, In The Amount Of $358,483.44. Funds Are Available In Account No. 625-40-225-8523-00-00-000, Motor Vehicles (11) P.R. No. 24567 – A Resolution Authorizing The City Manager To Execute Change Order No. 4 To The Atlanta Waterline Improvement Project With Global Drilling Inc. Of Winnie, Texas, Increasing The Contract Amount By $166,500.00 To The New Total Contract Amount Of $2,967,550.00 With Extended Contract Time Of 75 Days To A New Total Contract Time Of 480 Days; Funds Are Available In Capital Improvement Projects Account No. 405-40-000-8516-00-00-000, Project No. WS-0019 CON (12) P.R. No. 24579 – A Resolution Of The City Of Port Arthur, Texas To Rescind Resolution No. 25-306 And To Approve This Resolution Authorizing TXPHV,LP, To Exercise Powers Granted To Housing Finance Corporations Under Texas Local Government Code Chapter 394, As Amended By The 89th Texas Legislature (Requested By Councilmember Lewis) 9 AGENDA OCTOBER 21, 2025 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (13) P.R. No. 24580 – A Resolution Of The City Council Of The City Of Port Arthur, Texas, Authorizing The Publication Of The Notice Of Intention To Issue City Of Port Arthur, Texas Combination Tax And Revenue Certificates Of Obligation, Series 2026 In A Principal Amount Not To Exceed $5,000,000.00 For The Construction Of Public Works And Any Items Related Thereto And For The Payment Of Contractual Obligations For Professional Services; Authorizing The Distribution Of A Preliminary Official Statement Relating To Such Certificates; And Containing Other Provisions Relating Thereto (14) P.R. No. 24598 – A Resolution Appointing Members To The Port Arthur Housing Finance Corporation Board Of Directors B. Ordinances – Non-Consent (1) P.O. No. 7372 – An Ordinance By The City Council Of The City Of Port Arthur, Texas Authorizing The Issuance Of “City Of Port Arthur, Texas Tax Notes, Series 2025B” In The Principal Amount Of $10,000,000; Levying A Continuing Direct Annual Ad Valorem Tax For The Payment Of The Notes; Prescribing The Form, Terms, Conditions, And Resolving Other Matters Incident And Related To The Issuance, Sale, And Delivery Of The Notes, Authorizing The Execution Of A Paying Agent/Registrar Agreement And A Purchase Contract; Awarding Such Sale To A Purchaser, Delegating The Authority To Certain City Officials And Staff To Establish Terms Of Sale Of The Notes And To Execute Certain Documents Relating To The Sale Thereof; Enacting Other Provisions Incident And Related To The Subject And Purpose Of This Ordinance; And Providing For An Effective Date (2) P.O. No. 7374 – An Ordinance Of The City Of Port Arthur, Texas, To Delete Chapter 14 Boards, Authorities, Commissions And Committees, Article XIII Housing Finance Corporation Board Of Directors, Sections 14-421 Thru 14-450 Of The Code Of Ordinances; And Providing An Effective Date (Requested By Councilmember Lewis) 10 AGENDA OCTOBER 21, 2025 IX. 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 22, 2025. 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 *************************************************** 11 PUBLIC NOTICE Is Hereby Given That The City Council May Elect To Go Into Executive Session At Any Time During The Meeting In Order To Discuss Any Matters Listed On The Agenda, When Authorized By The Following Chapter 551 Of The Texas Government Code: 1. Section 551.071, Seeking The Advice Of Its Attorney About Pending Or Contemplated Litigation, Settlement Offers, Or Any 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 2. Section 551.072, Deliberating The Purchase, Exchange, Lease Or Value Or Real Property If Deliberation In An Open Meeting Would Have A Detrimental Effect On The Position Of The City In Negotiations With A Third Party 3. Section 551.073, Deliberating A Negotiated Contract For A Prospective Gift Or Donation To The City If The Deliberation In An Open Meeting Would Have A Detrimental Effect On The City's Position In Negotiations With A Third Person 4. Section 551.074, Deliberating The Appointment, Employment, Evaluation, Reassignment, Duties, Discipline, Or Dismissal Of A Public Officer Or Employee; Or To Hear A Complaint Or Charge Against An Officer Or Employee Under The Officer Or Employee Who Is The Subject Of The Deliberation Or Hearing Request A Public Hearing 5. Section 551.076, Deliberating The Deployment Or Specific Occasions For Implementation Of Security Personnel Or Devices 6. Section 551.087, Discussing Or Deliberating Commercial Or Financial Information That The City Has Received From A Business Prospect That The City Seeks To Have Locate, Stay, Or Expand In Or Near The City And With The City Is Conducting Economic Development Negotiations; Or Deliberating The Offer Or A Financial Or Other Incentive To A Business Prospect 7. Section 551.089, Deliberating Security Assessments Or Deployments Relating To Information Resources Technology, Network Security Information, Or The Deployment Or Specific Occasions For Implementations Of Security Personnel, Critical Infrastructure, Or Security Devices *The Items In Executive Session May Be Discussed And Acted On In Open Session 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). Article II. The Council. Section 11. - Rules of Procedure