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HomeMy WebLinkAboutNOVEMBER 04, 2025 REGULAR MEETING 9_30 AMCHARLOTTE 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, November 4, 2025 9:30 AM CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, November 4, 2025 At 9:30 AM 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: 858 9305 6826 And Passcode: 901902 (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 4, 2025 9:30 AM 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) Arnon Bazemore Of The US Army Corps Of Engineers – Galveston District, Regarding An Update Of The Port Arthur Project C. City Manager’s Staff Reports – None D. Employee Recognition – None E. Correspondence – None 2 AGENDA NOVEMBER 4, 2025 III. PETITIONS & COMMUNICATIONS – CONTINUED F. Discussions (1) A Discussion And Take Possible Action Regarding Conduct Of A Forensic Audit (Requested By Mayor Pro Tem Doucet) IV. PUBLIC HEARINGS – 10:00 AM – 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 4, 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 – 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 Expense Reports – None B. Minutes March 25, 2025 Regular Meeting October 14, 2025 Special Meeting October 21, 2025 Regular Meeting C. Resolutions – Consent (1) P.R. No. 24562 – A Resolution Authorizing The Issuance Of A Permit For Cirque Entertainment IIII, LLC D.B.A. Paranormal Cirque Pursuant To Chapter 22, Article 3, Division 2 Of The City Of Port Arthur Code Of Ordinance (2) P.R. No. 24570 – A Resolution Authorizing The Port Arthur Fire Department To Accept A Grant From Motiva’s First Responder Grant Program In The Amount Of $5,000.00 To Be Deposited In The Contributions/Donations Account Number 001-19-000-4730-00-00- 000 For The Purchase Of One (1) Polimaster Personal Radiation Detector 4 AGENDA NOVEMBER 4, 2025 VII. CONSENT AGENDA – CONTINUED (3) P.R. No. 24572 – A Resolution Authorizing The City Manager To Enter Into The Third Year (Second Renewal) Of The 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 703-23 In The Annual Amount Of $66,987.61; Payable In Four Quarterly Payments Of $16,746.90. Funding Available In Equipment Maintenance Account No. 001-19-047-5318-00-30-000 (4) P.R. No. 24574 – A Resolution Approving A Technical Assistance Agreement Between The Port Arthur Economic Development Corporation And The National Council For Community Development, Inc. DBA Grow America, For The Period Of One (1) Year Upon PAEDC's Execution Of The Agreement, In An Amount Not To Exceed $75,000.00; Funds Available In EDC Account Number 120-80-625-5420-00-00-000 (Professional Services) (5) P.R. No. 24581 – A Resolution Authorizing The Contract Extension For The 25th Street Bridge Repair Project With Woolpert, Inc. Of Houston, Texas. There Is No Funding Impact For The Contract Extension (6) P.R. No. 24583 – A Resolution Authorizing The City Manager To Accept Close-Out Documents For The Operations Center’s Renovation Project Located At 201 West H.O. Mills Boulevard Submitted By Daniels Building And Construction, Inc. Of Beaumont, Texas, And Approve The Release Of Retainage In The Amount Of $57,826.45. Funding Is Available In The Accounts Payable Retainage Account, Account Number 307-00-000-2050- 00-00-000, Project No. BU0001-CON (7) P.R. No. 24591 – A Resolution Authorizing The City Manager To Purchase A Closed-Captioning System To Display Meeting Audio On- Screen As Text And 120 Hours Of Captive Service, For The 5th Floor Council Chambers From Granicus Through The TIPS Contract #220105 In The Amount Of $29,140.78. Funding Is Available In Capital Improvement Account 307-09-023-8525-00-10-000 5 AGENDA NOVEMBER 4, 2025 VII. CONSENT AGENDA – CONTINUED (8) P.R. No. 24595 – A Resolution Authorizing The City Manager To Enter Into A Three-Year Agreement With Recon Infosec For Managed Security Operations To Strengthen The City's Cybersecurity Posture And Reduce Risk Through Continuous Monitoring, Proactive Threat Detection, And Expert Incident Response, Through The Texas Department Of Information Resources DIR-CPO-4890 Master Solutions Agreement For The Annual Amount Of $71,995.00. Funding For Years Two And Three Are Subject To The Appropriation Of Funds. Year One Funding Is Available In The Information Technology Professional Services Account 001-09-023-5420-00-10- 000 (9) P.R. No. 24602 – A Resolution Authorizing The City Manager To Execute Contracts Between Its Third-Party Administrator (Blue Cross And Blue Shield Of Texas, Inc.) For The City Of Port Arthur’s Blue Cross Medicare Advantage PPO And Prescription Drug Plan For Its Medicare Eligible Retirees And/Or Medicare Eligible Dependent(s), And Authorizing The City Manager To Execute All Documents, With A Projected Budgetary Impact Of $90,000.00. Fund No: 614-11-025- 5127-00-00-000 (Health Insurance Fund) VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT A. Resolutions – Non-Consent (1) P.R. No. 24519 – A Resolution Appointing A Member Or Members To The Construction Board Of Adjustments And Appeals (2) P.R. No. 24547 – A Resolution Authorizing The Approval Of Quarterly Payments Of Solid Waste Permit Fees For The Landfill To The Texas Commission On Environmental Quality (TCEQ) With A Projected Budgetary Impact Amount Of $148,000.00. Funding Is Available In Account No. 403-50-320-5471-00-00-000 (3) P.R. No. 24560 – A Resolution Appointing And/Or Reappointing Member(s) To The Zoning Board Of Adjustment Pursuant To Appendix A: Zoning, Section 5.04 Of The City Of Port Arthur Code Of Ordinances 6 AGENDA NOVEMBER 4, 2025 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (4) P.R. No. 24561 – A Resolution Appointing And/Or Reappointing Member(s) To The Historical Landmark Commission (5) P.R. No. 24563 – A Resolution Authorizing The City Manager To Contract With SCS Engineers Of Houston, Texas, For Groundwater, Landfill Gas, And Air Quality Monitoring At The Landfill From November 2025 To August 2026 For $171,500.00. Funds Are Available In Public Works Department Landfill Division – Professional Services Account Number 403-50-320-5420-00-00-000 (6) P.R. No. 24564 – A Resolution Granting Consent To The Assignment Of The Industrial District Agreement (IDA), Between The City Of Port Arthur And BASF Corporation (2018-2027), Approved By Resolution No. 17-351, To BASF Agricultural Solutions US LLC (7) P.R. No. 24584 – A Resolution Authorizing The Purchase Of Twelve (12) Portable Radios And Ten (10) Mobile Radios With Accessories For The Fire Department From Motorola Solutions Of Houston, Texas Through HGAC Contract 17724-HGAC (TX) RA05-21, In The Amount Of $142,845.24; Funding Is Available In Equipment Account Number 625-19-047-8522-00-10-000 (8) P.R. No. 24585 – A Resolution Authorizing The Port Arthur Fire Department To Purchase Eleven (11) Self-Contained Breathing Apparatus (SCBA) From Casco Industries, Inc. Of Laporte, Texas Under BuyBoard Contract No. 698-23, With A Projected Capital Budgetary Impact Of $106,095.00; Funding Is Available In Account No. 626-19-047-8522-00-30-000 (9) P.R. No. 24589 – A Resolution Amending Resolution No. 24-455 In Response To The Office Of The Governor’s Request For Additional Language Affirming The City Of Port Arthur’s Obligations Under Its Acceptance Of The Fiscal Year 2025 Body-Worn Camera Grant From The Office Of The Governor – Public Safety Division, In The Amount Of $132,381.60 7 AGENDA NOVEMBER 4, 2025 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (10) P.R. No. 24597 – A Resolution Casting Votes For The Board Of Directors Of The Jefferson Central Appraisal District For The 2026- 2029 Term (11) P.R. No. 24601 – A Resolution Authorizing The City Manager To Purchase One (1) Aljon ADV500 Compactor From Aljon By C&C Manufacturing, Of Ottumwa, Iowa, To Compact And Spread Waste In The Landfill In Compliance With State Regulations Through The Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program, Contract Number PW10-25, With A Projected Amount Of $950,000.00. Funds Are Available In The Capital Improvement Program Account, Account Number 403-50-320-8523-00-00-000 (12) P.R. No. 24603 – A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Freese And Nichols, Inc., For The Review, Analysis, And Revision Of Chapter 98 – Subdivision Of The City Of Port Arthur Code Of Ordinances In An Amount Not To Exceed $164,800.00; Funding Available In The Planning Professional Services Account Number: 001-13-031-5420- 00-10-000 (13) P.R. No. 24615 – A Resolution Appointing And/Or Reappointing A Member Or Member(s) To The Port Arthur Youth Advisory Council (YAC) (Requested By Councilmember Hamilton Everfield) (14) P.R. No. 24616 – A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Police Chief Advisory Committee (Requested By Mayor Moses) (15) P.R. No. 24617 – A Resolution Casting Votes For The Board Of Directors Of The Orange County Appraisal District For The 2026- 2029 Term 8 AGENDA NOVEMBER 4, 2025 VIII. ITEMS REQUIRING INDIVIDUAL ACTION – NON-CONSENT – CONTINUED (16) P.R. No. 24620 – A Resolution Authorizing The City Manager To Negotiate And Execute A Contract, Or Contracts, With The Most Qualified Emergency Medical Services (EMS) Provider(s) Identified Through The City’s Request For Qualifications (RFQ) Process, To Ensure Continued Provision Of Emergency Medical And Ambulance Services Upon Expiration Of The Current Agreement On November 30, 2025 (17) P.R. No. 24621 – A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (Requested By Councilmember Hamilton Everfield) B. Ordinances – Non-Consent (1) P.O. No. 7371 – An Ordinance Amending Appendix A – Zoning, Of The Code Of Ordinances Of The City Of Port Arthur, Texas, By Granting A Zoning Map Amendment For Approximately .481 Acre Of Land Consisting Of Lots 15-20, Block 23, Rosemont Addition, Jefferson County, Texas, From Planned Development District – 30 (PD-30) To Medium Density Residential District (MDR) To Allow Residential Development; (Violation Of Any Provision Of This Ordinance Shall Be Guilty Of A Misdemeanor And Shall Be Punished By A Fine Not Exceeding $2,000.00, As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances And Each Day Which Violation Is Permitted To Exist Shall Constitute A Separate And Distinct Offense); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. Z25- 04 – Kode Properties, LLC IX. *CLOSED MEETING (EXECUTIVE SESSION) The City Council Will Now Go Into Closed/Executive Session Pursuant To The Following Sections Of Chapter 551 Texas Government Code: 1. Section 551.071 (Litigation) – Brian Johnson Vs. City Of Port Arthur, John Does, And Calvin Matthews, In His Individual Capacity, Civil Action No. 1:25-CV-00421 In The U.S. District Court Of The Eastern District Of Texas, Beaumont Division 9 AGENDA NOVEMBER 4, 2025 IX. *CLOSED MEETING (EXECUTIVE SESSION) 2. Section 551.071 (Litigation) – Bonita Brown Vs. City Of Port Arthur, Cause No. A211149 In The 58th District Court Of Jefferson County, Texas 3. Section 551.071 (Legal Advice) – Provisions Authorizing Deliberations In A Closed Meeting (Requested By Mayor Moses) *The Items In Executive Session May Be Discussed And Acted On In Open Session X. MEETING ADJOURNED *************************************************** 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 5, 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 *************************************************** 10 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 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